CMKM Diamonds Inc. (fka CMKX)

[nufced]

APPLICATION FOR ENTRY OF DEFAULT JUDGMENT AGAINST
DEFENDANT URBAN CASAVANT
Case No.: 2:08-cv-00437-LRH-RJJ
APPLICATION FOR ENTRY OF DEFAULT JUDGMENT AGAINST
DEFENDANT URBAN CASAVANT

TO ALL PARTIES AND ALL COUNSEL OF RECORD:
PLEASE TAKE NOTICE that pursuant to Rule 55(b)(2) of the Federal
Rules of Civil Procedure, Plaintiff Securities and Exchange Commission
(“Commission”) will, and hereby does, apply for entry of a final judgment of
permanent injunction and other relief by default against defendant Urban Casavant
(“Casavant”). This Application for Entry of Default Judgment Against Defendant
Urban Casavant (“Application”) is made on the grounds that Casavant has failed to
answer, plead, or otherwise respond to the Commission’s Complaint within the
time prescribed by the Federal Rules of Civil Procedure.
Casavant waived service of the Summons and the Complaint on April 11,
2008. A copy of the waiver is attached as Exhibit 2 to the Declaration of Leslie A.
Hakala Supporting Application for Default Judgment Against Defendant Urban
Casavant.
The Clerk of the Court entered default against Casavant on August 12, 2008.
The default is attached as Exhibit 6 to the Declaration of Leslie A. Hakala
Supporting Application for Default Judgment Against Defendant Urban Casavant.
Casavant is not a minor or an incompetent person, and he is not in military
service.
The allegations in the Complaint warrant entry of a Final Judgment against
Casavant: (1) permanently enjoining him from future violations of Sections 5(a)
and 5(c) of the Securities Act of 1933 (“Securities Act”), 15 U.S.C. §§ 77e(a) and
77e(c), Sections 10(b), 13(a), 13(b)(2)(A), and 13(b)(2)(B) of the Securities
Exchange Act of 1934 (“Exchange Act”), 15 U.S.C. §§ 78j(b), 78 m(a),
78m(b)(2)(A) & 78m(b)(2)(B), and Exchange Act Rules 10b-5, 13a-1, 13a-13, and
Rule 13b2-1, 17 C.F.R. §§ 240.10b-5, 240.13a-1 & 240.13a-13 & 240.13b2-1; (2)


ordering the payment of $31,500,000 in disgorgement plus $2,689,433.62 in prejudgment interest; (3) ordering payment of third-tier civil penalties; (4)imposing an officer-and-director bar against Casavant; and (5) imposing a penny
stock bar against Casavant.




Pursuant to Rule 55(b)(2) of the Federal Rules of Civil Procedure, the
Commission is not required to serve this Application for Entry of Default
Judgment on Casavant because he has not appeared in this action. Nonetheless, on
August 26, 2009, the Commission sent Casavant a letter giving him notice that it
intended to file this Application.
This Application is based upon the accompanying Memorandum of Points
and Authorities Supporting Application for Entry of Default Judgment Against
Defendant Urban Casavant, the Declaration of Leslie A. Hakala Supporting
Application for Entry of Default Judgment Against Defendant Urban Casavant, the
Declaration of Pamela Chattoo Supporting Application for Entry of Default
Judgment Against Defendant Urban Casavant, the files and records of this case,
and any evidence or argument that the Court may consider in connection with this
Application.
Dated: August 31, 2009 /s/ Molly M. White
Molly M. White
Leslie A. Hakala
Attorneys for Plaintiff
Securities and Exchange Commission
Case 2:08-cv-00437-LRH-RJJ Document 128 Filed 08/31/2009 Page 3 of 6
PROOF OF SERVICE
I am over the age of 18 years and not a party to this action. My business address is:
[X] U.S. SECURITIES AND EXCHANGE COMMISSION, 5670 Wilshire
Boulevard, 11th Floor, Los Angeles, California 90036-3648
Telephone No. [phone]; Facsimile No. [phone].
On August 31, 2009, I caused to be served the following document entitled
APPLICATION FOR ENTRY OF DEFAULT JUDGMENT AGAINST
DEFENDANT URBAN CASAVANT on the parties whose service of process
forms have been filed in this action and others, addressed as stated on the attached
service list:
[X] OFFICE MAIL: By placing in sealed envelope(s), which I placed for
collection and mailing today following ordinary business practices. I am
readily familiar with this agency’s practice for collection and processing of
correspondence for mailing; such correspondence would be deposited with
the U.S. Postal Service on the same day in the ordinary course of business.
[ ] PERSONAL DEPOSIT IN MAIL: By placing in sealed
envelope(s), which I personally deposited with the U.S. Postal Service.
Each such envelope was deposited with the U.S. Postal Service at Los
Angeles, California, with first class postage thereon fully prepaid.
[ ] EXPRESS U.S. MAIL: Each such envelope was deposited in a
facility regularly maintained at the U.S. Postal Service for receipt of
Express Mail at Los Angeles, California, with Express Mail postage
paid.
[ ] HAND DELIVERY: I caused to be hand delivered each such envelope to
the office of the addressee as stated on the attached service list.
[ ] FEDERAL EXPRESS: By placing in sealed envelope(s) designated by
Federal Express with delivery fees paid or provided for, which I deposited in
a facility regularly maintained by Federal Express or delivered to a Federal
Express courier, at Los Angeles, California.
[X] ELECTRONIC MAIL: By transmitting the document by electronic mail
to the electronic mail address as stated on the attached service list.
[ ] FAX: By transmitting the document by facsimile transmission. The
transmission was reported as complete and without error.
[X] (Federal) I declare under penalty of perjury that I am a member of the State
Bar of California and an attorney permitted to appear before this Court and
that the foregoing is true and correct.
Date: August 31, 2009 /s/ Molly M. White
Molly M. White
Case 2:08-cv-00437-LRH-RJJ Document 128 Filed 08/31/2009 Page 4 of 6
SEC v. CMKM DIAMONDS, INC., et al.
United States District Court - District of Nevada
Case No. 2:08-CV-00437-LRH-RJJ
(LA-3028)
SERVICE LIST
Irving M. Einhorn, Esq.
Law Offices of Irving M. Einhorn
1710 10th Street
Manhattan Beach, CA 90266
Email: [e-mail]
Attorney for Defendant John Edwards
Mark S. Dzarnoski, Esq.
Gordon & Silver, Ltd.
3960 Howard Hughes Parkway, Ninth Floor
Las Vegas, NV 89169
Email: [e-mail]
Attorney for Helen Bagley and 1st Global Stock Transfer LLC
Urban A. Casavant
RR 5 Site 16 Box 29
Prince Albert, Saskatchewan S6V 5R3
Canada
Email: [e-mail]
John Wesley Hall, Jr., Esq.
1311 Broadway
Little Rock, AR 72202-4843
Email: [e-mail]
Attorney for Brian Dvorak
Kathleen Tomasso
9580 Lake Serena Drive
Boca Raton, FL 33496
Email: [e-mail]
Anthony Tomasso
9580 Lake Serena Drive
Boca Raton, FL 33496
Email: [e-mail]
Sergey Rumyantsev
1951 North Jones Boulevard, #G-202
Las Vegas, NV 89108
Email: [e-mail]
Anthony Santos
6965 North Durango Drive, Suite 1115-208
Las Vegas, NV 89149
Email: [e-mail]
Case 2:08-cv-00437-LRH-RJJ Document 128 Filed 08/31/2009 Page 5 of 6
NevWest Securities Corporation
c/o Anthony Santos
6965 North Durango Drive, Suite 1115-208
Las Vegas, NV 89149
Email: [e-mail]
Douglas E. Griffith, Esq.
Kesler & Rust
McIntyre Building, 2nd Floor
68 S. Main Street
Salt Lake City, UT 84101
Email: [e-mail]
Attorney for Daryl Anderson
Eric N. Klein, Esq.
Eric N. Klein & Associates, P.A.
1200 N. Federal Highway, Suite 200
Boca Raton, FL 33432
Email: [e-mail]
Michael R. Bakst
PMB 702
222 Lakeview Avenue, #160
West Palm Beach, FL 33401
Email: [e-mail]
Case 2:08-cv-00437-LRH-RJJ Document 128 Filed 08/31/2009 Page 6 of 6

http://viewer.zoho.com/docs/racPcac doc 1

http://viewer.zoho.com/docs/tacKgg doc 2


http://viewer.zoho.com/docs/hacHcg doc 3


http://viewer.zoho.com/docs/qacxjd doc 4

http://viewer.zoho.com/docs/zacodm doc 5

http://viewer.zoho.com/docs/qacmwa doc 6