Free Motion for Order - District Court of Colorado - Colorado

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

Document 107

Filed 10/13/2005

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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 FINAL JUDGMENT AS TO TRICORD LLC

Plaintiff, Securities and Exchange Commission, hereby moves this Honorable Court to enter the "Final Judgment as to Tricord LLC" ("Final Judgment") which is attached to this filing. The parties have reached a settlement. On October 12, 2005, Tricord LLC

representative Glen W. Hilker executed a "Consent to Final Judgment as to Tricord LLC" ("Consent") which is also attached to this filing.1 Among other things, the Final Judgment requires Relief Defendant Tricord LLC to pay disgorgement of $500,000.00,

Glen W. Hilker appeared in a representative capacity for Tricord LLC during the hearing on Plaintiff's motion for TRO, a preliminary injunction, asset freeze and other equitable relief on August 1, 2003. See Transcript for Hearing, Volume I, pg. 5. On July 30, 2003, Mr. Hilker also executed on behalf of Tricord LLC the "Consent of Defendant Glen W. Hilker and Relief Defendant Tricord LLC to Entry of a Preliminary Injunction, Order Freezing Assets, and Providing for Other Relief." Docket No. 10.

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

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plus prejudgment interest thereon of $64,730.67, for a total of $564,730.67.

The

Consent and Final Judgment resolve all issues relating to Relief Defendant Tricord LLC. WHEREFORE, based on the foregoing, Plaintiff respectfully moves the Court to enter the Final Judgment as to Tricord LLC. DATED: October 13, 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 107

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CERTIFICATE OF SERVICE

I hereby certify that on October 13, 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