Free Motion to Continue - District Court of Colorado - Colorado

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

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Filed 10/05/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-RB-0626 (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. ________________________________________________________________ UNOPOSED MOTION TO CONTINUE PRE-TRIAL CONFERENCE ________________________________________________________________ The Securities and Exchange Commission hereby moves the court to vacate the pre-trial conference currently set in this matter. As grounds for this motion, the Commission states as follows: 1. The pre-trial conference in this matter is currently scheduled for October

11, 2005. A proposed pre-trial order is due October 6, 2005. Trial in this matter is currently set for December 12, 2005. 2. 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

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

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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 11, 2005. 4. A continuation of the pre-trial conference in this matter will not necessarily

delay the trial of this matter and will allow the parties to more accurately determine what, if any, matters remain for resolution through trial. 5. Defendant Johnson has authorized the Commission to represent that he

does not oppose this motion. Wherefore, the Securities and Exchange Commission respectfully requests that the pre-trial conference in this matter be vacated and reset for a date in late November, 2005. October 5, 2005

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

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Certificate of Service I hereby certify that on October 5, 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______________