United States Securities and Exchange Commission v. St. Anselm Exploration Co. et al, No. 1:2011cv00668 - Document 152 (D. Colo. 2013)

Court Description: FINAL JUDGMENT by Clerk in favor of St. Anselm Exploration Co., Anna M.R. Wells, Mark S. Palmer, Michael A. Zakroff, Steven S. Etkind against United States Securities and Exchange Commission. Defendants' Motion for Judgment Pursuant to F.R.C.P. 52(c) 141 is GRANTED; Defendants are AWARDED their costs to be taxed by the clerk of the court. By Clerk on 3/29/13. (kfinn, )

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United States Securities and Exchange Commission v. St. Anselm Exploration Co. et al Doc. 152 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 11-cv-00668-REB-MJW UNITED STATES SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. ST. ANSELM EXPLORATION CO., MICHAEL A. ZAKROFF, MARK S. PALMER, ANNA M.R. WELLS, and STEVEN S. ETKIND, Defendants. FINAL JUDGMENT Pursuant to Fed. R. Civ. P. 58(a), and the orders entered in this case, Final Judgment is entered. A. Pursuant to the Order Concerning Defendants’ Motions To Dismiss [#66] entered by Judge Robert E. Blackburn on March 28, 2012, which order is incorporated by reference, IT IS ORDERED as follows: 1. That Defendant Steven S. Etkind’s Motion To Dismiss the First Amended Complaint Pursuant To F.R.C.P. 9(b) and 12(b)(6) [#41] filed July 29, 2011, is GRANTED as to that portion of the claim under § 10(b), see 15 U.S.C. § 78j(b), and Rule 10b-5 thereunder, see 17 C.F.R. § 240.10b, part of the second claim for relief, is based on alleged misrepresentations by Steven Etkind made in December, 2008; and 2. That otherwise, Defendant Steven S. Etkind’s Motion To Dismiss the First Dockets.Justia.com Amended Complaint Pursuant To F.R.C.P. 9(b) and 12(b)(6) [#41] filed July 29, 2011, is DENIED. B. Pursuant to the Memorandum Opinion and Order [#151] entered by Judge Robert E. Blackburn on March 29, 2013, which order is incorporated by reference, IT IS ORDERED as follows: 1. That Defendants’ Motion for Judgment Pursuant to F.R.C.P. 52(c) [#141], filed August 17, 2012, is GRANTED; 2. That JUDGMENT WITH PREJUDICE IS ENTERED on behalf of defendants, St. Anselm Exploration Co.; Michael A. Zakroff; Mark S. Palmer; Anna M.R. Wells; and Steven S. Etkind, against plaintiff, the United States Securities and Exchange Commission, on all claims for relief and causes of action asserted in this action; and 3. That defendants are AWARDED their costs to be taxed by the clerk of the court in the time and manner provided by Fed. R. Civ. P. 54(d)(1) and D.C.COLO.LCivR 54.1. DATED at Denver, Colorado, this 29th day of March, 2013. FOR THE COURT: JEFFREY P. COLWELL, CLERK By: s/Edward P. Butler Edward P. Butler Deputy Clerk

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