Securities and Exchange Commission v. Enterprises, LLC et al
Plaintiff: Securities and Exchange Commission
Defendant: Enterprises, LLC, Brian V. Prendergast, Worldwide Equity Corporation, Donald R. Smith and Yuail I. Enwia
Case Number: 1:2009cv00217
Filed: February 4, 2009
Court: US District Court for the District of Colorado
Office: Securities/Commodities Office
County: Douglas
Presiding Judge: Wiley Y. Daniel
Nature of Suit: None
Cause of Action: U.S. Government Plaintiff
Jury Demanded By: 15:77 Securities Fraud

Available Case Documents

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Date Filed Document Text
April 27, 2010 Opinion or Order Filing 86 ORDER granting 84 Plaintiff's Motion to Dismiss Defendant Party Worldwide Equity Corporation, Enterprises, LLC and Yuail I. Enwia, Without Prejudice, each party to pay their own costs by Judge Christine M. Arguello on 4/27/2010.(erv, )
October 20, 2009 Opinion or Order Filing 81 ORDER. The Court has reviewed the file and the Plaintiffs request for an additional 45 days within which to finalize the resolution of the remaining relief claims between the parties. The a 45-day extension to 12/04/2009, is GRANTED. Plaintiff shall file a notice of approval of settlement and motion to dismiss within 10 days of receipt of the approval from the Commission in Washington, D.C. or a status report on or before 12/04/2009. By Judge Christine M. Arguello on 10/20/2009. (sah, )
July 22, 2009 Opinion or Order Filing 78 ORDER FOR FULL DISTRIBUTION TO INVESTORS OF FUNDS FROM CRIS ACCOUNT. The Clerk shall cause distribution to each investor listed, the amount set forth in the column titled Distribution by issuing U.S. Treasury checks and sending the checks in pre-addr essed, Federal Express envelopes (or certified return, receipt requested U.S. Postal letters, where indicated by asterisk) that have been supplied to the Clerk by Plaintiff Securities and Exchange Commission to the addresses listed. The Distribution is without prejudice to the parties respective claims and defenses in this Action. by Judge Christine M. Arguello on 7/22/09. (erv, )
July 14, 2009 Opinion or Order Filing 70 COURTROOM MINUTES - Minute Entry for proceedings held before Judge Christine M. Arguello: Motion Hearing held on 7/14/2009. ORDER:Mr. McAllister shall direct Citibank to deposit $185,231.38 to the CRIS account on or before July 17, 2009, 3:30 p .m. ORDER:Mr. Lam shall direct Wells Fargo to deposit $692.47 to the CRIS account. Once the $692.47 is deposited into the CRIS account, the Courts Order of February 13, 2009 freezing the funds held in the MOCSE Federal Credit Union '4 78434 account and the remaining funds held in the Wells Fargo account shall be vacated and those funds may be released. ORDER:The SEC shall file a final accounting as to the distribution of funds. DENYING AS MOOT 22 Motion for Contempt; WITHDRAWING as of July 17, 2009, 3:30 PM 46 Motion for Order; DENYING WITHOUT PREJUDICE 59 Motion for Return of Property; DENYING 61 Motion for Order; DENYING 62 Motion to Release Funds; DENYING AS MOOT 65 Motion for Disbursement of Funds; DENYING 66 Motion for Order; (Court Reporter Terri Lindblom) (cmacd)
May 27, 2009 Opinion or Order Filing 67 ORDER re: 66 Third MOTION for Order to Distribute Funds filed by Brian V. Prendergast, 46 MOTION for Order to Account for all Funds at Citywide Bank filed by Securities and Exchange Commission, 59 MOTION for Return of Property and for Limited R elief from Order of Preliminary Injunction and Asset Freeze filed by Yuail I. Enwia, 22 MOTION for Contempt filed by Securities and Exchange Commission, 61 MOTION for Order to Distribute Funds filed by Brian V. Prendergast, 44 Stipulated MOTION to Deposit Funds Frozen by Citywide Bank filed by Securities and Exchange Commission, 65 MOTION for Disbursement of Funds CORRECTED filed by Securities and Exchange Commission LAW and Motion Hearing set for 7/14/2009 09:00 AM in Courtroom A 602 before Judge Christine M. Arguello. by Judge Christine M. Arguello on 5/27/09. (erv, ) (Modified on 6/1/2009 corrected file and signing date to 5/27/09)(erv, ).
April 22, 2009 Opinion or Order Filing 42 COURTROOM MINUTES - Minute Entry for proceedings held before Judge Christine M. Arguello: Motions Hearing held on 4/22/2009. Deferring ruling on 22 Motion for Contempt; Denying 27 Motion to Modify Preliminary Injunction; Denying 31 Motion for Distribution of Funds; Granting 36 Motion to Deposit Funds. The account and transfer shall take place on or before May 8, 2009. (Court Reporter Darlene Martinez) (cmacd)
March 16, 2009 Opinion or Order Filing 32 ORDER TO SET LAW AND MOTIONS HEARING re: 22 MOTION for Contempt filed by Securities and Exchange Commission, 27 MOTION to Modify Preliminary Injunction 17 Order and Release Funds filed by Worldwide Equity Corporation, Yuail I. Enwia, Brian V. Prendergast, Enterprises, LLC, Donald R. Smith. Motion Hearing set for 4/22/2009 08:30 AM in Courtroom A 602 before Judge Christine M. Arguello. by Judge Christine M. Arguello on 3/16/09. (erv, )
February 13, 2009 Opinion or Order Filing 17 ORDER for Preliminary Injunction, Asset Freeze, Accounting and Repatriation of Funds Against Defendants Enterprises, Prendergast, WEC, Smith, and Enwia,wherever located, which are derived from any investor funds obtained by or on behalf of Enterprises or WEC in connection with the scheme alleged in the SECs Complaint by Judge Christine M. Arguello on 2/13/09. (erv, )
February 12, 2009 Opinion or Order Filing 15 Minute Entry for proceedings held before Judge Christine M. Arguello: granting 4 Plaintiff's Motion for Preliminary Injunction as reflected on the record; Evidentiary Hearing held on 2/12/2009. (Court Reporter Darlene Martinez.) (erv, ) (Correct pdf added on 2/13/2009: # 1 Main Document) (gms, ). Modified on 2/13/2009 to add correct pdf. (gms, ).
February 9, 2009 Opinion or Order Filing 10 ORDER. Pursuant to D.C.COLO.L.CivR 40.1 and the consent of Judge Arguello, this case will be reassigned to Judge Christine M. Arguello. This matter is reassigned to Judge Christine M. Arguello by Chief Judge Wiley Y. Daniel on 02/09/2009. (sah, )
February 4, 2009 Opinion or Order Filing 9 TEMPORARY RESTRAINING ORDER, Asset Freeze and Other Equitable Relief and Order Setting Preliminary Injunction Hearing. Pending determination of the Motion for Preliminary Injunction or hearing on merits, defendants are enjoined and restrained from e mploying any device, scheme or artifice to defraud, obtain money, etc. upon the purchaser as set forth in further detail in the order. The assets, funds or property of defendants are frozen. Defendants within 2 business days of service of this order to file with court and serve upon the SEC a sworn accounting. Defendants are prohibited from destroying or altering records. SEC's application for expedited discovery is granted as set forth in the order. Service of this order to be made by SEC. Defendants to appear at 1:30 p.m. on 2/12/09 to show cause why court should not enter a preliminary injunction. Court retains jurisdcition for all purposes, by Judge Christine M. Arguello on 2/4/09. (gmssl, )
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Plaintiff: Securities and Exchange Commission
Represented By: Julie K. Lutz
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Defendant: Enterprises, LLC
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Defendant: Brian V. Prendergast
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Defendant: Worldwide Equity Corporation
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Defendant: Donald R. Smith
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Defendant: Yuail I. Enwia
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