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DownWithPumpers

10/31/07 10:53 AM

#153811 RE: mastaflash #153807

All that's left is for the SEC to prove to the judge what penalties are appropriate. Rufus will not even be allowed to speak.

default judgment n. if a defendant in a lawsuit fails to respond to a complaint in the time set by law (usually 30 days), then the plaintiff (suer) can request that the default (failure) be entered into the court record by the clerk, which gives the plaintiff the right to get a default judgment. If the complaint was for a specific amount of money owed on a note, other money due, or a specific contract price (or if the amount due is easy to calculate) then the clerk of the court can enter a default judgment. If proof of damages or other relief is necessary, a hearing will be held in which the judge determines terms of the default judgment. In either case the defendant cannot speak for himself/herself. A defendant who fails to file an answer or other legal response when it is due can request that the default be set aside, but must show a legitimate excuse and a good defense to the lawsuit. (See: default, summons, complaint)
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janice shell

10/31/07 7:51 PM

#153909 RE: mastaflash #153807

And you guys are already talking like its a wrap?

Yep.

The SEC must now show its hand, if it has one lol!

Nope, they don't have to do a damned thing:

The Court, having considered the grounds for setting aside the default raised by Defendant Harris and having considered the factors addressed in the Compania decision, concludes that Defendant Harris has failed to establish that good cause exists for setting aside the entry of default in this case. Accordingly, the Court hereby DENIES the motion to set aside the default.