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S.E.C. v. PHOENIX TELECOM, L.L.C.

No. 1:00CV1970-JTC.

231 F.Supp.2d 1223 (2001)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. PHOENIX TELECOM, L.L.C., Jerold Benjamin Clawson, Jerry Deland Beacham and H. Ellis Ragland, Defendants.

United States District Court, N.D. Georgia, Atlanta Division.

July 27, 2001.

Attorney(s) appearing for the Case

James Edgar Long, Edward Gary Sullivan, William P. Hicks, Securities & Exchange Commission, Atlanta, GA, for Plaintiff.

Hayes Michael Dever, Douglas Max Robinson, Friedman, Dever & merlin, Atlanta, GA, for Phoenix Telecom, LLC, Jerold Benjamin Clawson.

James David Dantzler, Jr., McKenna, Long & Aldridge, Atlanta, GA, for Jerry Deland Beacham, H. Ellis Ragland, Jr., Receiver, William G. Hays, Jr.

James Timothy White, Stites & Harbison, Atlanta, GA, for Fidelity National Bank.

Larry W. Johnson, Morris, Schneider & Prior, Atlanta, GA, for Bank United.

Stephen W. Mooney, Smith, Currie & Hancock, Atlanta, GA, for Communications Management Services, Inc.

ORDER

CAMP, District Judge.

This case is before the Court on Plaintiff's Motion to Set Disgorgement and Civil Penalties [# 61-1], the Receiver's Motion for Authority to Pay Professional Fees and Reimburse Costs [# 63-1 and # 63-2], and the Motion for Leave to File Proceeding submitted by Communications Management Services, Inc. [# 43-1].

I. PROCEDURAL BACKGROUND

On August 2, 2000, Plaintiff Securities and Exchange Commission ("Commission...

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