02/06/2009 17 OBJECTIONS to 16 Turek's motion for ext. of time filed by Securities And Exchange Commission. (Gegenheimer, Nancy) Modified on 2/9/2009 (Denisio, Genia). (Entered: 02/06/2009)
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Doc 17
Extract
PLAINTIFF’S OBJECTION TO JAMES N. TUREK’s REQUEST FOR AN ADDITIONAL 60 DAYS TO RESPOND
Plaintiff, U.S. Securities and Exchange Commission (“SEC”) objects to the Motion of defendant James N. Turek (“Turek”) for an additional 60 days to respond to the Complaint and as grounds therefore states:
1. The complaint in this matter was filed on September 30, 2008. (Doc. # 1)
2. Turek was served with the summons and complaint and his response was due on November 13, 2008. Turek moved for an additional 60 days to respond stating nothing more than that he needed time to engage counsel. (Doc. # 11)
3. The Court granted Turek’s motion (Doc. # 12) and ordered Turek to respond to the Complaint by February 4, 2009.
4. Turek did not respond to the Complaint on February 4, 2009 but instead simply seeks an additional sixty days to respond. Turek recites no good cause for not responding nor does he inform the court or plaintiff of efforts he has undertaken or is undertaking to be in a position to respond to the Complaint. Turek did not timely file his motion sufficiently in advance of February 4, 2009 to insure than an extension was granted before his time to respond expired.
5. The Complaint alleges that Turek misappropriated for personal use at least $2.8 million of proceeds from an unregistered securities offering. The SEC receives emails daily from investors who have lost tens of thousands of dollars due, in their opinion, to misrepresentations by Turek. These investors are watching the case everyday and want to know why no progress has been made to pursue the allegations in the Complaint against Turek. The case should proceed and not be further delayed.
6. The Court gave Turek 60 days to secure counsel which is more than enough time. Turek gives the court no facts to support a claim that more time is needed, particularly another 60 days for a total of 120 days to respond.
WHEREFORE, the SEC prays that the Court deny Turek’s motion for extension of time and require that Turek respond to the Complaint forthwith.
Respectfully submitted,
s/ Nancy J. Gegenheimer
Nancy J. Gegenheimer
Jeffrey R. Thomas
Attorneys for Plaintiff
Securities and Exchange Commission
1801 California Street, Suite 1500
Denver, Colorado 80202
Telephone: (303) 844-1000
Facsimile: (303) 844-1010 |
