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Tuesday, February 08, 2011 11:43:22 AM
Did Sand Flee???
Looking at the Docket-- Sand has been incommunicado for a while and the SEC filed and received a default judgement against him. Wonder if he'll show up for his sentencing next month?
PLAINTIFF’S MOTION FOR ENTRY OF CLERK’S
DEFAULT AGAINST DEFENDANT SCOTT R. SAND
Plaintiff, Securities and Exchange Commission, pursuant to Fed. R. Civ. P. 55(a), moves the Clerk of the Court to enter a default against Defendant Scott R. Sand for failure to plead or otherwise defend, and states:
1.
On November 3, 2010, the Commission filed an Amended Complaint for injunctive and other relief against Sand. (D.E. # 4.)
2.
On October 18, 2010, the Commission sent Sand’s counsel a request for waiver of service pursuant to Fed. R. Civ. P. 4(d). On November 24, 2010, counsel for Sand executed the waiver, which the Commission filed with this Court five days later. (D.E. # 6.) Sand’s answer or otherwise responsive pleading was due on December 17, 2010.
3.
Despite ongoing negotiations with Sand’s counsel, as of the date of this filing, Sand has not submitted a responsive pleading or other filing.
WHEREFORE, the Commission moves for entry of a Clerk’s Default against Sand.
Respectfully submitted,
February 7, 2011 By: s/ James M. Carlson
James M. Carlson
Senior Trial Counsel
Florida Bar # A5501534
Telephone: (305) 982-6328
Facsimile: (305) 536-4154
E-mail: CarlsonJa@sec.gov
Attorney for Plaintiff
SECURITIES AND EXCHANGE COMMISISON
801 Brickell Avenue, Suite 1800
Miami, Florida 33131
Telephone: (305) 982-6300
Facsimile: (305) 536-4154
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CLERK’S DEFAULT
SECURITIES AND EXCHANGE
COMMISSION,
Plaintiff(s),
v.
SCOTT R. SAND
Defendant(s).
_____________________________/
CASE NO. 10-23602-CV-SEITZ
FILED by D.C.
Feb 8, 2011
STEVEN M. LARIMORE
CLERK
U.S. DIST. CT.
S.D. OF FLA.
It appearing that the defendant(s) herein, SCOTT R. SAND , is in default for failure to
appear, answer or otherwise plead to the complaint filed herein within the time required by law.
Default is hereby entered against defendant(s) SCOTT R. SAND , as of course, on this date
February 8, 2011.
STEVEN M. LARIMORE
CLERK OF COURT
Teresa Erwin
By: _______________________________
Teresa Erwin
Deputy Clerk
cc: Hon. Patricia Seitz
Counsel of Record
Scott R. Sand
Looking at the Docket-- Sand has been incommunicado for a while and the SEC filed and received a default judgement against him. Wonder if he'll show up for his sentencing next month?
PLAINTIFF’S MOTION FOR ENTRY OF CLERK’S
DEFAULT AGAINST DEFENDANT SCOTT R. SAND
Plaintiff, Securities and Exchange Commission, pursuant to Fed. R. Civ. P. 55(a), moves the Clerk of the Court to enter a default against Defendant Scott R. Sand for failure to plead or otherwise defend, and states:
1.
On November 3, 2010, the Commission filed an Amended Complaint for injunctive and other relief against Sand. (D.E. # 4.)
2.
On October 18, 2010, the Commission sent Sand’s counsel a request for waiver of service pursuant to Fed. R. Civ. P. 4(d). On November 24, 2010, counsel for Sand executed the waiver, which the Commission filed with this Court five days later. (D.E. # 6.) Sand’s answer or otherwise responsive pleading was due on December 17, 2010.
3.
Despite ongoing negotiations with Sand’s counsel, as of the date of this filing, Sand has not submitted a responsive pleading or other filing.
WHEREFORE, the Commission moves for entry of a Clerk’s Default against Sand.
Respectfully submitted,
February 7, 2011 By: s/ James M. Carlson
James M. Carlson
Senior Trial Counsel
Florida Bar # A5501534
Telephone: (305) 982-6328
Facsimile: (305) 536-4154
E-mail: CarlsonJa@sec.gov
Attorney for Plaintiff
SECURITIES AND EXCHANGE COMMISISON
801 Brickell Avenue, Suite 1800
Miami, Florida 33131
Telephone: (305) 982-6300
Facsimile: (305) 536-4154
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CLERK’S DEFAULT
SECURITIES AND EXCHANGE
COMMISSION,
Plaintiff(s),
v.
SCOTT R. SAND
Defendant(s).
_____________________________/
CASE NO. 10-23602-CV-SEITZ
FILED by D.C.
Feb 8, 2011
STEVEN M. LARIMORE
CLERK
U.S. DIST. CT.
S.D. OF FLA.
It appearing that the defendant(s) herein, SCOTT R. SAND , is in default for failure to
appear, answer or otherwise plead to the complaint filed herein within the time required by law.
Default is hereby entered against defendant(s) SCOTT R. SAND , as of course, on this date
February 8, 2011.
STEVEN M. LARIMORE
CLERK OF COURT
Teresa Erwin
By: _______________________________
Teresa Erwin
Deputy Clerk
cc: Hon. Patricia Seitz
Counsel of Record
Scott R. Sand
