Matthew R. Rutherford, SBN 120710
RUTHERFORD & RYBACKI, LLP
110 West "C" Street, Suite 2000
San Diego, California 92101
(619) 525-1677 FILED
CLERK, U.S. DISTRICT COURT
SEP 25 2001
CENTRAL DISTRICT OF CALIFORNIA
Attorneys for Plaintiff, BY ______________ DEPUTY
SEVILLE CONSULTING GROUP, INC.
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
SEVILLE CONSULTING GROUP, INC., ) CASE NO. CV01-01744- WMB (AJWX)
a Colorado corporation, ) Judge: William M. Byrne, Jr.
) Room: 9
Plaintiff, )
)
) PROPOSED DEFAULT JUDGMENT BY
v. ) COURT
)
PRESIDENT'S CORPORATE GROUP, )
INC., a Canadian corporation, E- )
COMMERCE INVESTMENTS, INC., a )
Panama corporation, ERWIN LIEM, an )
individual, SIGNATURE STOCK )
TRANSFER, a Texas Corporation, )
MADCON COMPANY, a Washington )
corporation, JACK AUGBACKS AND )
COMPANY, a Florida corporation, )
)
Defendants. )
)
__________________________________ )
Attached is Plaintiff's Proposed Default Judgment by Court.
DATED: September 19, 2001 RUTHERFORD & RYBACKI, LLP
/s/
_______________________________
Matthew R. Rutherford
Attorney for Plaintiffs
______________________________________________________________________________
Proposed Default Judgment By Court 1
The motion of Plaintiff SEVILLE CONSULTING GROUP, INC. ("Seville") for
Entry of Default Judgment by Court came on regularly to be heard on September
10, 2001 at 11:00 a.m. in the above-entitled Court, the Honorable Wm. Matthew
Byrne, Jr. United States District Court Judge presiding. Plaintiff Seville
appeared through its counsel of record, Rutherford & Rybacki LLP, by Matthew
R. Rutherford. There were no appearances for Defendants.
Based upon the documents and evidence submitted to the Court by Plaintiff
and Plaintiff's counsel, the Court finds that the Defendants ERWIN LIEM, INC.
E-COMMERCE INVESTMENTS, INC. and PRESIDENT'S CORPORATE GROUP, INC. have been
properly served, have failed to file an answer within the statutory period and
have therefore defaulted. Upon application by the Plaintiff for entry of a
default judgment, the Court orders as follow:
JUDGMENT
IT IS ORDERED AND ADJUDGED that Defendants ERWIN LIEM, PRESIDENT'S GROUP
and E-COMMERCE INVESTMENTS, INC. shall immediately return to Plaintiff SEVILLE
CONSULTING GROUP, INC. The following property and/or property rights: all
share certificates for common stock and/or control of all shares of Sattel
Global Networks, Inc. stock ("SGNI") which were received as a result of the
September 11, 2000 Agreements described in Plaintiff's First Amended Complaint
by any of the following persons: Defendants ERWIN LIEM, PRESIDENT'S CORPORATE
GROUP, INC., GROUP AND COMMERCE INVESTMENTS, INC. or any of Defendants'
agents, successors, stock brokers, clearing firms, assigns or others taking
from or through Defendants including, without limitation, the following
entities: Interactive Business Channel, NBC Clearing Services, Southwest
Securities, Inc., Sterne, Agee & Leech, Inc., Dean Witter Reynolds, Inc., Cale
Capital Management, Dotcom SA, Global Processing Services, Inc., Tynehd
holding, Vici Industries, Ltd. and Valetta Global SA.
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Proposed Default Judgment By Court 2
IT IS FURTHER ORDERED AND ADJUDGED that Defendants ERWIN LIEM,
PRESIDENT'S CORPORATE GROUP, INC., and E-COMMERCE INVESTMENTS, INC. and the
following listed agents, successors, stock brokers, clearing firms, assigns
and others taking from or through Defendants ERWIN LIEM, PRESIDENT'S GROUP,
INC. and/or E-COMMERCE INVESTMENTS, INC. are enjoined, restrained and
prohibited from disbursing, distributing, paying, using, pledging, converting,
selling, hypothecating, pledging transferring or disposing of any SGNI stock
certificates, or SGNI shares held in "street name", which were transferred to
any of the following parties by Defendants ERWIN LIEM, PRESIDENT'S CORPORATE
GROUP, INC., E-COMMERCE INVESTMENTS, INC., Sattel Global Network, Inc. or
Plaintiff Seville Consulting Group at Defendants' request or instruction:
1) PRESIDENT'S CORPORATE GROUP, INC., a Canadian corporation;
2) E-COMMERCE INVESTMENTS, INC., a Panama corporation;
3) ERWIN LIEM, an individual;
4) SIGNATURE STOCK TRANSFER, a Texas Corporation;
5) MADCON COMPANY, a Washington corporation;
6) JACK AUGBACKS AND COMPANY, a Florida corporation; and
7) Any and all of Defendants' agents, successors, stock brokers,
clearing firms, assigns or others taking from or through Defendants
including, without limitation, the following entities: Interactive
Business Channel, NBC Clearing Services, Southwest Securities,
Inc., Sterne, Agee & Leech, Inc., Dean Witter Reynolds, Inc., Cale
Capital Management, Dotcom SA, Global Processing Services, Inc.,
Tynehd holding, Vici Industries, Ltd. and Valetta Global SA.
IT IS FURTHER ORDERED AND ADJUDGED that if any SGNI shares are returned
to Plaintiff under this Judgment, the Court will, upon request of the party
returning the SGNI shares, hold a further evidentiary hearing to determine
what, if any consideration, was paid by Defendants to Plaintiff for such
shares, and whether such party returning SGNI shares is entitled
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Proposed Default Judgment By Court 3
to reimbursement for the consideration paid for such shares.
IT IS FURTHER ORDERED AND ADJUDGED that Plaintiff may move for amendment
of this Judgment to obtain a further money judgment against Defendants ERWIN
LIEM, E-COMMERCE INVESTMENTS, INC. and PRESIDENT'S CORPORATE GROUP, INC.,
jointly and severally, for damages caused to Plaintiff Seville as a result of
Defendants' wrongful acts. Such application may include a request for an
award of damages equal to the amount of funds expended or losses incurred by
Plaintiff in re-obtaining any SGNI shares held by any parties named in the
injunctive portion of the judgment and any parties who are not subject to this
injunction.
IT IS FURTHER ORDERED AND ADJUDGED that based upon the application for
determination of reasonable attorneys' fees set forth in the Declaration of
Matthew R. Rutherford in Support of Plaintiff's Motion of Entry of Default
Judgment, Plaintiff Seville Consulting Group, Inc. is awarded its reasonable
attorneys' fees and costs incurred in prosecuting this matter to date in the
sum of $ 19,630.05 and that Defendants PRESIDENT'S CORPORATE GROUP, INC.,
ERWIN LIEM and E-COMMERCE INVESTMENTS, INC. are jointly and severally liable
to Plaintiff to pay such attorneys' fees and costs.
IT IS FURTHER ORDERED AND ADJUDGED that notwithstanding the entry of this
Default Judgment, Plaintiff may continue to pursue its claims against the
remaining, non-defaulting Defendants.
/s/
DATED: Sept. 24, 2001 ________________________________
WM. MATTHEW BYRNES, JUDGE
UNITED STATES DISTRICT COURT
______________________________________________________________________________
Proposed Default Judgment By Court 4