Post by zanmia on Jul 1, 2008 19:58:22 GMT -6
Case 07-A-538649-B Status ACTIVE
Plaintiff CMKM Diamonds Inc Attorney Koch, David R.
Defendant Desormeau, Dave Attorney Pro Se
Judge Denton, Mark R. Dept. 13
To check for results click on above link
Next click Civil Criminal Probate
Type 07 A 538649 in the boxes marked District Court Case Number
Click Calendar
Click "YES" under Minutes
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Event 06/30/2008 at 11:00 AM ALL PENDING MOTIONS (06-30-08)
Heard By Denton, Mark R.
Officers Sue Burdette, Court Clerk
Cynthia Georgilas, Reporter/Recorder
Parties 0001 - P1 CMKM Diamonds Inc No
008830 Koch, David R. Yes
0002 - D1 Desormeau, Dave No
0003 - D Edwards, John No
0004 - D Eton Properties Corp No
0005 - CO Eton Properties Corp No
0006 - DC CMKM Diamonds Inc No
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PLTF'S MOTION TO ASSOCIATE COUNSEL ... HEARING: PROVE UP OF DEFAULT
Bill Frizzell, Esq., Texas Counsel, Appearing Pro Hac Vice, also present.
As to PLTF'S MOTION TO ASSOCIATE COUNSEL: Court finds everything appears to
be in order; and ORDERED, motion GRANTED. Mr. Koch to submit proposed Order
and notify the State Bar of the Court's action.
As to HEARING: PROVE UP OF DEFAULT: Mr. Koch stated this is as to John
Edwards. After calling the Courtroom and hearing no response, Court
inquired if the amount is liquidated or if this is for punitive damages. Mr.
Frizzell stated it is liquidated; the bulk of the damage award is for shares
of stock and the value of the stock; and referred to a Declaration and
exhibits attached thereto from Kevin West, the CEO of the company. Court
stated there are proceedings in the Securities and Exchange Commission. Mr.
Frizzell stated that is a separate action filed by the Securities Exchange
Commission; CMKM was one of the named Defts and was not named as a
disgorgement Deft but named as a party and the action against CMKM was for
things done by prior management; there is no question that this entity has
authority to maintain this. Further statements by Mr. Frizzell as to the
disgorgement action and the civil action. Upon Court's inquiry, Mr.
Frizzell stated the SEC is aware of this action. Further statements by
counsel as to the punitive damages, the damages tied to the stock that was a
deluded from this company, and the exhibits which show how extensive and
egregious this fraud was.
Testimony and exhibits presented. (See worksheets.) Following the
testimony of Mr. West, Mr. Koch stated service in this case of Mr Edward was
by publication. Mr. Frizzell stated there were numerous attempts by one of
the process servers to serve Mr. Edwards, and noted Mr. Edwards submitted
himself to the disgorgement procedure, and has hired an attorney for that.
COURT ORDERED, matter taken UNDER SUBMISSION to review the Default Judgment.
Plaintiff CMKM Diamonds Inc Attorney Koch, David R.
Defendant Desormeau, Dave Attorney Pro Se
Judge Denton, Mark R. Dept. 13
To check for results click on above link
Next click Civil Criminal Probate
Type 07 A 538649 in the boxes marked District Court Case Number
Click Calendar
Click "YES" under Minutes
--------------------------------------------------------------------------------
Event 06/30/2008 at 11:00 AM ALL PENDING MOTIONS (06-30-08)
Heard By Denton, Mark R.
Officers Sue Burdette, Court Clerk
Cynthia Georgilas, Reporter/Recorder
Parties 0001 - P1 CMKM Diamonds Inc No
008830 Koch, David R. Yes
0002 - D1 Desormeau, Dave No
0003 - D Edwards, John No
0004 - D Eton Properties Corp No
0005 - CO Eton Properties Corp No
0006 - DC CMKM Diamonds Inc No
--------------------------------------------------------------------------------
PLTF'S MOTION TO ASSOCIATE COUNSEL ... HEARING: PROVE UP OF DEFAULT
Bill Frizzell, Esq., Texas Counsel, Appearing Pro Hac Vice, also present.
As to PLTF'S MOTION TO ASSOCIATE COUNSEL: Court finds everything appears to
be in order; and ORDERED, motion GRANTED. Mr. Koch to submit proposed Order
and notify the State Bar of the Court's action.
As to HEARING: PROVE UP OF DEFAULT: Mr. Koch stated this is as to John
Edwards. After calling the Courtroom and hearing no response, Court
inquired if the amount is liquidated or if this is for punitive damages. Mr.
Frizzell stated it is liquidated; the bulk of the damage award is for shares
of stock and the value of the stock; and referred to a Declaration and
exhibits attached thereto from Kevin West, the CEO of the company. Court
stated there are proceedings in the Securities and Exchange Commission. Mr.
Frizzell stated that is a separate action filed by the Securities Exchange
Commission; CMKM was one of the named Defts and was not named as a
disgorgement Deft but named as a party and the action against CMKM was for
things done by prior management; there is no question that this entity has
authority to maintain this. Further statements by Mr. Frizzell as to the
disgorgement action and the civil action. Upon Court's inquiry, Mr.
Frizzell stated the SEC is aware of this action. Further statements by
counsel as to the punitive damages, the damages tied to the stock that was a
deluded from this company, and the exhibits which show how extensive and
egregious this fraud was.
Testimony and exhibits presented. (See worksheets.) Following the
testimony of Mr. West, Mr. Koch stated service in this case of Mr Edward was
by publication. Mr. Frizzell stated there were numerous attempts by one of
the process servers to serve Mr. Edwards, and noted Mr. Edwards submitted
himself to the disgorgement procedure, and has hired an attorney for that.
COURT ORDERED, matter taken UNDER SUBMISSION to review the Default Judgment.
