Securities & Exchange Commission v. Levine et al, No. 2:2007cv00506 - Document 134 (D. Nev. 2010)

Court Description: JUDGMENT as to Defendant Maryann Metz on the Third Claim in Plaintiff Securities and Exchange Commission's Complaint. The Court GRANTS the SECs Motion for Summary Judgment against MaryAnn Metz as to the Third Claim in its Complaint. Defendant MaryAnn Metz and Relief Defendant The 1975 Trust are jointly and severally liable for disgorgement of $172,088, representing profits gained as a result of the conduct alleged in the Complaint in the amount of $131,000, together with prejudg ment interest thereon in the amount of $41,088. Defendant and/or Relief Defendant shall satisfy this obligation by paying the disgorgement within ten business days after entry of this Final Judgment by certified check, bank cashiers check, or Un ited States postal money order payable to the Securities and Exchange Commission. Counsel for the SEC and counsel for Defendants MaryAnn Metz and Darin Scott Metz, and for Relief Defendant Global Environmental Systems, Inc., (Metz Defendants) shall m eet and confer in order to propose a schedule for completion of a pretrial order with respect to the remaining claims against the Metz Defendants. Counsel for the SEC and the Metz Defendants shall notify the Court within thirty (30) days of the entry of this order on their proposal for a schedule to complete the pretrial order. Signed by Judge Lloyd D. George on 8/12/10. (Copies have been distributed pursuant to the NEF - ECS)

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Securities & Exchange Commission v. Levine et al Doc. 134 1 2 3 UNITED STATES DISTRICT COURT 4 FOR THE DISTRICT OF NEVADA 5 6 SECURITIES AND EXCHANGE COMMISSION, Plaintiff, 7 v. 8 GERALD HAROLD LEVINE, MARIE A. LEVINE, MARY ANN METZ, DARIN SCOTT METZ, ALAN BRUCE COPELAND, ISAAC BARRETT MORLEY, BRUCE CHET ROTHENBERG and NU STAR HOLDINGS, INC., 9 10 2:07-CV-00506-LDG/RJJ 11 Defendants, and 12 13 14 ORDER WIRE TO WIRE, INC., PUBLIC HIGHWAY, INC., THE 1975 TRUST and GLOBAL ENVIRONMENTAL SYSTEMS, INC., Relief Defendants. 15 16 17 18 19 [PROPOSED] JUDGMENT AS TO DEFENDANT MARYANN METZ ON THE THIRD CLAIM IN PLAINTIFF SECURITIES AND EXCHANGE COMMISSION’S COMPLAINT This matter comes before the Court on Plaintiff Securities and Exchange Commission’s (the “SEC”) Motion to Reconsider the Court’s Summary Judgment Order [Docket No. 118] 20 Relating to the Section 5 Claim Against Defendant Maryann Metz (“Motion to Reconsider”). On 21 22 July 28, 2010, the Court granted the SEC’s Motion to Reconsider, finding that there is no scienter 23 requirement under Section 5 of the Securities Act of 1933; that there is no dispute that neither Nu 24 Star Holdings, Inc. (“Nu Star”), nor Judgement Recovery Service, Inc. (“JRS”), filed registration 25 statements with the SEC; and that Defendant MaryAnn Metz (“Defendant”), as an officer and 26 director of both Nu Star and JRS, was a “substantial factor” in the unregistered sale of Nu Star 27 and JRS stock. 28 Dockets.Justia.com 1 Therefore, the Court GRANTS the SEC’s Motion for Summary Judgment against 2 MaryAnn Metz as to the Third Claim in its Complaint; and accordingly, 3 I. 4 5 IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Defendant MaryAnn 6 Metz is liable for violating Sections 5(a) and 5(c) of the Securities Act of 1933; and this Court 7 enters an Order of Judgment as to that claim. 8 9 10 11 II. IT IS FURTHER HEREBY ORDERED, ADJUDGED AND DECREED that Defendant MaryAnn Metz and Relief Defendant The 1975 Trust (“Relief Defendant”) are jointly and 12 severally liable for disgorgement of $172,088, representing profits gained as a result of the 13 14 conduct alleged in the Complaint in the amount of $131,000, together with prejudgment interest 15 thereon in the amount of $41,088. Defendant and/or Relief Defendant shall satisfy this obligation 16 by paying the disgorgement within ten business days after entry of this Final Judgment by 17 certified check, bank cashier’s check, or United States postal money order payable to the 18 Securities and Exchange Commission. Defendant’s payment shall be delivered or mailed to the 19 Office of Financial Management, Securities and Exchange Commission, Operations Center, 6432 20 21 General Green Way, Mail Stop 0-3, Alexandria, Virginia 22312, and shall be accompanied by a 22 letter identifying the Defendant making the payment as a defendant in this action; setting forth the 23 title and civil action number of this action and the name of this Court; and specifying that payment 24 is made pursuant to this Final Judgment. Defendant and Relief Defendant shall pay post-judgment 25 interest on any delinquent amounts pursuant to 28 U.S.C. § 1961. The Commission shall remit the 26 funds paid pursuant to this paragraph to the United States Treasury. 27 28 2 1 III. 2 IT IS FURTHER ORDERED that counsel for the SEC and counsel for Defendants 3 MaryAnn Metz and Darin Scott Metz, and for Relief Defendant Global Environmental Systems, 4 Inc., (“Metz Defendants”) shall meet and confer in order to propose a schedule for completion of a 5 6 pretrial order with respect to the remaining claims against the Metz Defendants. Counsel for the 7 SEC and the Metz Defendants shall notify the Court within thirty (30) days of the entry of this 8 order on their proposal for a schedule to complete the pretrial order. 9 10 11 Dated: ______________, 2010 _________________________ United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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