here is the actual judgement against hunt gold (HGLC). the SEC still has 120 days to file for monetary damages
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO.: 09-80952-CIV-COHN/SELTZER
SECURITIES AND EXCHANGE COMMISSION,
Plaintiff,
v.
PRIME TIME GROUP, INC., n/k/a
Hunt Gold Corporation, JOHNNY RAY
ARNOLD, DALLAS L. ROBINSON,
TROY K. METZ, and JOHN A. MATTERA,
Defendants.
____________________________________________/
ORDER GRANTING PLAINTIFF’S MOTION FOR DEFAULT JUDGMENT OF
PERMANENT INJUNCTION AND OTHER RELIEF AGAINST DEFENDANT PRIME
TIME GROUP, INC., n/k/a HUNT GOLD CORPORATION AND ENTERING
PERMANENT INJUNCTION
THIS CAUSE is before the Court on Plaintiff Securities and Exchange
Commission’s Motion for Entry of a Default Judgment of Permanent Injunction and
Other Relief Against Defendant Prime Time Group, Inc., n/k/a Hunt Gold Corporation
[DE 54], the entire file of this case including Plaintiff’s complaint, return of service upon
Defendant [DE 4], the Clerk’s entry of default against Defendant [DE 21], and the failure
of Defendant to respond to the instant motion. The Court has carefully considered the
motion and is otherwise fully advised in the premises.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
1. This Court has personal jurisdiction over Prime Time and the subject
matter of this action. Venue is proper in the Southern District of Florida.
Case 9:09-cv-80952-JIC Document 59 Entered on FLSD Docket 05/25/2010 Page 1 of 5
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2. Prime Time was properly served with a summons and a copy of the
Complaint pursuant to Rule 4 of the Federal Rules of Civil Procedure. Thus, Prime
Time has proper notice of this action.
3. As of the date of this Order, Prime Time has failed to answer or otherwise
file a responsive pleading to the Complaint as required by the Federal Rules of Civil
Procedure.
4. The Clerk of the Court entered a default against Prime Time on
September 22, 2009. By virtue of the default and the failure to respond to the
Complaint, Prime Time is deemed to have admitted the allegations of the Complaint and
liability is established against Prime Time. Buchanan v. Bowman, 820 F.2d 359, 361
(11th Cir. 1987). Accordingly, the Court finds Prime Time committed the violations
alleged in the Complaint.
It is ORDERED AND ADJUDGED that Plaintiff’s Motion for Entry of a Default
Judgment of Permanent Injunction and Other Relief Against Defendant Prime Time
Group, Inc., n/k/a Hunt Gold Corporation [DE 54] is hereby GRANTED. Default
Judgment is entered against Prime Time Group, Inc., n/k/a Hunt Gold Corporation as
follows:
PERMANENT INJUNCTION
A. Section 10(b) of the Securities Exchange Act of 1934
and Rule 10b-5
It is FURTHER ORDERED AND ADJUDGED that Prime Time Group, Inc., n/k/a
Hunt Gold Corporation, its agents, servants, representatives, employees, and attorneys,
and all persons in active concert or participation with them who receive actual notice of
Case 9:09-cv-80952-JIC Document 59 Entered on FLSD Docket 05/25/2010 Page 2 of 5
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this Default Judgment by personal service or otherwise, are permanently restrained and
enjoined from violating, directly or indirectly, Section 10(b) of the Securities Exchange
Act of 1934 (“Exchange Act”), 15 U.S.C. §78j(b), and Exchange Act Rule 10b-5, 17 CFR
§240.10b-5, by using any means or instrumentality of interstate commerce, or of the
mails, or of any facility of any national securities exchange, in connection with the
purchase or sale of any security:
(a) to employ any device, scheme, or artifice to defraud;
(b) to make any untrue statement of a material fact or to omit to state a
material fact necessary in order to make the statements made, in the light of the
circumstances under which they were made, not misleading; or
(c) to engage in any act, practice, or course of business which operates or
would operate as a fraud or deceit upon any person.
B. Sections 5(a) and 5(c) of the Securities Act
It is FURTHER ORDERED AND ADJUDGED that Prime Time Group,
Inc., n/k/a Hunt Gold Corporation, its agents, servants, representatives,
employees, and attorneys, and all persons in active concert or participation with
them who receive actual notice of this Default Judgment by personal service or
otherwise, are permanently restrained and enjoined from violating, directly or
indirectly, Sections 5(a) and (c) of the Securities Act, 15 U.S.C. §77e(a) and (c),
by, directly or indirectly, in the absence of any applicable exemption:
(a) Unless a registration statement is in effect as to a security, making use of
any means or instruments of transportation or communication in interstate
Case 9:09-cv-80952-JIC Document 59 Entered on FLSD Docket 05/25/2010 Page 3 of 5
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commerce or of the mails to sell such security through the use or medium
of any prospectus or otherwise;
(b) Unless a registration statement is in effect as to a security, carrying or
causing to be carried through the mails or in interstate commerce, by any
means or instruments of transportation, any such security for the purpose
of sale or for delivery after sale; or
(c) Making use of any means or instruments of transportation or
communication in interstate commerce or of the mails to offer to sell or
offer to buy through the use or medium of any prospectus or otherwise
any security, unless a registration statement has been filed with the
Commission as to such security, or while the registration statement is the
subject of a refusal order or stop order or (prior to the effective date of the
registration statement) any public proceeding or examination under
Section 8 of the Securities Act, 15 U.S.C. §77h.
CIVIL MONEY PENALTY
It is FURTHER ORDERED AND ADJUDGED that Prime Time Group,
Inc., n/k/a Hunt Gold Corporation shall pay a civil penalty pursuant to Section
20(d) of the Securities Act, 15 U.S.C. §77t(d), and Section 21(d) of the Exchange
Act, 15 U.S.C. §78u(d). The amount of the civil penalty shall be determined by
the Court upon motion of the Commission that the Commission must file within
120 days of the date of this Order.
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RETENTION OF JURISDICTION
It is FURTHER ORDERED AND ADJUDGED that this Court will retain
jurisdiction over this matter and Prime Time Group, Inc., n/k/a Hunt Gold
Corporation in order to implement and carry out the terms of all Orders and
Decrees that may be entered and/or to entertain any suitable application or
motion for additional relief within the jurisdiction of this Court, and will order other
relief that this Court deems appropriate under the circumstances.
RULE 54(b) CERTIFICATION
It is FURTHER ORDERED AND ADJUDGED that there being no just
reason for delay, pursuant to Rule 54(b) of the Federal Rules of Civil Procedure,
the Clerk is ordered to enter this Judgment forthwith and without further notice.
DONE AND ORDERED in Chambers at Ft. Lauderdale, Broward County,
Florida, this 24th day of May, 2010.
Copies to counsel and parties of record
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