Free Motion for Entry of Judgment under Rule 54(b) - District Court of Colorado - Colorado

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

Document 28-4

Filed 01/17/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-0626-REB-CBS SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. MICHAEL B. JOHNSON, et al. Defendants. _____________________________________________________ ___________

[PROPOSED] FINAL JUDGMENT AS TO DEFENDANTS MICHAEL B. JOHNSON AND MICHAEL JOHNSON & CO. ___________________________________________________________ _____ The Securities and Exchange Commission having filed a Complaint and Defendants having entered a general appearance; consented to the Court's jurisdiction over them and the subject matter of this action; consented to entry of this Final Judgment without admitting or denying the allegations of the Complaint (except as to jurisdiction); waived findings of fact and conclusions of law; and waived any right to appeal from this Final Judgment: I. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant Michael B. Johnson shall pay a civil penalty in the amount of $35,000 pursuant to Section 21(d)(3) of the Securities Exchange Act of 1934 [15 U.S.C. § 78u(d)(3)]. Defendant shall make this payment within ten business days after entry of this Final Judgment by certified check, bank cashier's check, or United States postal money order payable to the Securities and Exchange Commission. The payment shall be delivered or mailed to the

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

Document 28-4

Filed 01/17/2006

Page 2 of 3

Office of Financial Management, Securities and Exchange Commission, Operations Center, 6432 General Green Way, Mail Stop 0-3, Alexandria, Virginia 22312, and shall be accompanied by a letter identifying Michael B. Johnson as a defendant in this action; setting forth the title and civil action number of this action and the name of this Court; and specifying that payment is made pursuant to this Final Judgment. All remaining claims as to defendants Michael B. Johnson and Michael Johnson & Co. are hereby dismissed, II. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendants' Consents are incorporated herein with the same force and effect as if fully set forth herein, and that Defendants shall comply with all of the undertakings and agreements set forth therein. III. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that there is no just cause for delay of entry of this Judgment and that this Court shall retain jurisdiction of this matter for the purposes of enforcing the terms of this Final Judgment. Dated: ______________ _____________________________ Robert E. Blackburn UNITED STATES DISTRICT JUDGE

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

Document 28-4

Filed 01/17/2006

Page 3 of 3

Respectfully submitted, /s/ Polly Atkinson_________________ Polly A. Atkinson Attorney for Plaintiff Securities and Exchange Commission 1801 California Street, Suite 1500 Denver, Colorado 80202 (303) 844-1000 Approved, /s/ Russell Bean______ Russell Bean Attorney for Defendants Krys Boyle, P.C. 600-17th Street, Suite 2700 South Tower Denver, Colorado 80202 303-893-2300 (general) 303-893-2882 (facsimile)

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