Free Motion to Vacate - District Court of Colorado - Colorado

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

Document 24

Filed 10/11/2005

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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. MICHAEL B. JOHNSON, MICHAEL JOHNSON & CO., LLC, DAVID C. SKINNER, JR. and AMERICAN TELEVISION AND FILM COMPANY, formerly known as WINNERS INTERNET NETWORK, INC., Defendants. ________________________________________________________________ UNOPPOSED MOTION TO VACATE TRIAL DATE ________________________________________________________________ The Securities and Exchange Commission hereby moves the court to vacate the trial date currently set in this matter. As grounds for this motion, the Commission states as follows: 1. 2. Trial in this matter is currently set for December 5, 2005. Defendant Johnson has made an offer of settlement to the Commission

which the staff of the Commission is recommending that the Commission accept. 3. Defendant Skinner has filed a petition for Bankruptcy pursuant to Chapter

13 of the Bankruptcy Code. In re Skinner, No. 3-05-bk-04837 (Bankr. M.D. Fla.) ((May 5, 2005). His filing stays this case against him. The Commission has moved to dismiss his petition. The Bankruptcy Court held a hearing on the

matter and has ordered the parties to brief the issue by November 14, 2005.

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

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Filed 10/11/2005

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4.

The parties cannot meaningfully prepare for trial until the Commission acts

on Johnson's settlement offer and the Bankruptcy Court rules on the Commission's motion to dismiss Skinner's bankruptcy petition. It appears that those actions will not take place early enough to allow the parties to adequately prepare for trial. Moreover, those actions could result in resolution of all matters at issue. 5. Defendants Johnson and Johnson & Co. have authorized the Commission

to represent that they do not oppose this motion. Wherefore, the Securities and Exchange Commission respectfully requests that the trial date in this matter be vacated. October 11, 2005

/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 10/11/2005

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Certificate of Service I hereby certify that on October 11, 2005, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system and copies of the foregoing were also emailed to the following: Russell K. Bean, Esq. Krys Boyle, PC [email protected] David C. Skinner, Jr. [email protected] /s/ Polly Atkinson__________________