Free Motion to Deposit Funds - District Court of Colorado - Colorado

Case 1:04-cv-00626-REB-CBS

Document 32

Filed 10/31/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-00626 REB-CBS SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. DAVID C. SKINNER, JR. Defendants. ________________________________________________________________ MOTION TO DEPOSIT FUNDS INTO THE REGISTRY OF THE COURT ________________________________________________________________ The Securities and Exchange Commission, pursuant to Fed. R. Civ. P. 67 and D.C. COLO. LCivR 67.2, hereby moves for an Order allowing the deposit of funds into the registry of the Court. As grounds for its motion the Commission states as follows: 1. Pursuant to a bankruptcy plan entered in In re Skinner, Case No. 3-05-bk-

04837 in the United States Bankruptcy Court for the Middle District of Florida, defendant David Skinner has issued payment related to the claims in this case. 2. After resolution of In re Skinner, the Commission will ask for an Order of

Disgorgement in this matter consistent with the Orders in In re Skinner. 3. Pending that resolution, the Commission requests that the funds paid by

defendant Skinner related to the claims in this matter be held in the registry of the Court.

Case 1:04-cv-00626-REB-CBS

Document 32

Filed 10/31/2007

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Wherefore, the Securities and Exchange Commission respectfully requests that Court issue an Order allowing the deposit of funds into the registry of the Court. October 31, 2007

s/ Polly Atkinson_________________ Polly Atkinson Securities and Exchange Commission Central Regional Office 1801 California Street, Suite 1500 Denver, CO 80202 303-844-1000

Case 1:04-cv-00626-REB-CBS

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Filed 10/31/2007

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Certificate of Service

I hereby certify that on October 31, 2007, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system and copies of the foregoing were also e-mailed to the following:

David C. Skinner, Jr. [email protected] s/ Marla J. Pinkston Marla J. Pinkston