United States Securities and Exchange Commission v. Mediatrix Capital Inc. et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Raymond P. Moore
Civil Action No. 19-cv-02594-RM-SKC
UNITED STATES SECURITIES AND EXCHANGE COMMISSION,
Plaintiff,
v.
MEDIATRIX CAPITAL INC., et al.,
Defendants,
And
MEDIATRIX CAPITAL FUND LTD., et al.,
Relief Defendants.
ORDER
Before the Court is the Receiver’s Motion for an Order holding Defendant Michael S.
Stewart in contempt of court for his failure to deliver certain motor vehicle titles to the Receiver
and to account for $68,315 in rare coins. (ECF No. 368.) Defendant Stewart’s address with the
Court is 32531 North Scottsdale Road, Suite 105-155, Scottsdale, AZ 85266.
On October 11, 2022, the Court issued an Order to Show Cause (ECF No. 370), directing
Defendant Stewart to show cause why the Receiver’s Proposed Order should not be entered.
Defendant Stewart has failed to respond, and the deadline to do so has passed. Accordingly, and
for the reasons stated in the Motion, it is hereby
ORDERED that Defendant Stewart be held in contempt of court for his failure to comply
with: (1) the Court’s Order appointing receiver (ECF No. 153); (ii) the Court’s Order appointing
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a substitute receiver (ECF No. 284); (iii) the Court’s Orders to Show Cause (ECF Nos. 346,
370); (iv) the Receiver’s demands for Defendant Stewart to deliver to the Receiver certain motor
vehicle titles and rare coins as receivership property belonging to the receivership estate; and
(v) the Receiver’s discovery requests; and it is further
ORDERED that Defendant Stewart shall pay a fine in the amount of $500 per day
beginning the day after entry of this Order and ending when he has purged himself of the
contempt; and it is further
ORDERED that the United States Marshal arrest and detain Defendant Stewart until such
time as the Court determines he has purged himself of contempt by complying with the Orders of
this Court, or until further Order of this Court; and it is further
ORDERED that Defendant Stewart cease and desist preparing and serving non-
responsive, irrational, unintelligible responses to communications from the Receiver and other
parties in interest; and it is further
ORDERED that Defendant Stewart shall pay to the Receiver its expenses, including
reasonable attorney fees, caused by his failure to comply with the Orders of this Court and
deliver the receivership property to the Receiver, in an amount to be determined by this Court.
DATED this 19th day of October, 2022.
BY THE COURT:
____________________________________
RAYMOND P. MOORE
United States District Judge
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