Free Motion for Order - District Court of Colorado - Colorado

Case 1:03-cv-01338-REB-MEH

Document 113

Filed 10/17/2005

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No.: 03-CV-1338-REB-OES SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. GLEN W. HILKER, and LARRY M. BAKER, Defendants, TRICORD LLC and BROOKSHIRE DEVELOPMENT CO. LLC, Relief Defendants.

UNOPPOSED MOTION TO ENTER ORDER OF PERMANENT INJUNCTION AS TO LARRY M. BAKER

Plaintiff, Securities and Exchange Commission, hereby moves this Honorable Court to enter the "Order of Permanent Injunction as to Larry M. Baker" ("Order of Permanent Injunction") which is attached to this filing. The parties have reached a settlement. On October 13, 2005, Defendant Larry M. Baker executed a "Consent to Order of Permanent Injunction by Larry M. Baker" ("Consent") which is also attached to this filing. Among other things, the Order of

Permanent Injunction enjoins Defendant Baker from violations of the federal securities laws charged in the Complaint; it orders him to pay disgorgement of $960,433.00, plus prejudgment interest thereon of $124,338.93, for a total of $1,084,771.90. The Consent and Order of Permanent Injunction provide that the Court shall determine the amount of the civil penalty to be ordered against Defendant Baker upon

Case 1:03-cv-01338-REB-MEH

Document 113

Filed 10/17/2005

Page 2 of 3

motion by the Plaintiff to be filed subsequent to the Court's entry of the Order of Permanent Injunction. In the Consent, Defendant Baker expressly waived any right to a hearing to determine the civil penalty amount, agreeing that the Court may determine the amount based upon the pleadings filed at the appropriate time. WHEREFORE, based on the foregoing, Plaintiff respectfully moves the Court to enter the Order of Permanent Injunction as to Larry M. Baker. DATED: October 17, 2005 Respectfully submitted,

s/ Thomas J. Krysa Thomas J. Krysa, Esq. Securities and Exchange Commission 1801 California Street, Suite 1500 Denver, CO 80202 Telephone: (303) 844-1000 Facsimile: (303) 844-1068 Email: [email protected] Attorney for Plaintiff Securities and Exchange Commission

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Case 1:03-cv-01338-REB-MEH

Document 113

Filed 10/17/2005

Page 3 of 3

CERTIFICATE OF SERVICE

I hereby certify that on October 17, 2005, I presented the foregoing to the Clerk of the Court for filing and uploading to the CM/ECF system which will send notification of such filing to the following e-mail addresses: [email protected] [email protected]

and I hereby certify that I have mailed or served the document or paper to the following non CM/ECF participants by U.S. Mail postage prepaid: Larry M. Baker, Pro Se 204 E. Weile, Unit 3 Spokane, WA 99208

s/ Thomas J. Krysa Thomas J. Krysa, Esq. Securities and Exchange Commission 1801 California Street, Suite 1500 Denver, CO 80202 Telephone: (303) 844-1000 Facsimile: (303) 844-1068 Email: [email protected] Attorney for Plaintiff Securities and Exchange Commission