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

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

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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. _________________________________________________ _ ______________

MOTION FOR ENTRY FINAL JUDGMENT AS TO DEFENDANTS MICHAEL B. JOHNSON AND MICHAEL JOHNSON & CO. ______________________________________________________ __ ________ The Securities and Exchange Commission, consistent with the consents of defendants Michael B. Johnson and Michael Johnson & Co., which are attached hereto, hereby moves for entry of final judgment in this matter as to those defendants. A proposed final judgment approved by the defendants is attached hereto. As grounds for its motion, the Commission states as follows. 1. Defendant Michael B. Johnson has consented to entry of judgment against him.

The proposed judgment orders defendant Johnson to pay a civil penalty of $35,000 pursuant to the securities laws. All other claims as to defendant Johnson and all claims as to defendant Michael Johnson & Co. are dismissed by the judgment. 2. The Commission's disgorgement and penalty claim against defendant David

Skinner remain, however those claims are currently stayed by Skinner's Chapter 13 bankruptcy petition, filed in the Middle District of Florida.

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

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Filed 01/17/2006

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3.

The remaining claims against defendant Skinner are not dependant on any claim

against defendants Johnson and Johnson & Co. Judgment on the Commission's claims against Johnson and Johnson & Co. will not effect on the claims against Skinner or his defenses thereto. Accordingly, consistent with Fed. R. Civ. P. 54(b) there is no just cause for delay of the entry of judgment against defendants Johnson and Johnson & Co. WHEREFORE, the Securities and Exchange Commission respectfully requests that final judgment be entered against defendants Michael B. Johnson and Michael Johnson & Co. 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

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

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Filed 01/17/2006

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CERTIFICATE OF SERVICE I hereby certify that on January 17, 2006, 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: Russell K. Bean, Esq. Krys Boyle, PC [email protected] David C. Skinner, Jr. [email protected] /s/ Polly Atkinson Polly Atkinson Securities and Exchange Commission 1801 California Street, Suite 1500 Denver, Colorado 80202 (303) 844-1000

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