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Case 3:15-cv-01760-JAM Document 10 Filed 01/06/16 Page 1 of 2

UNITED STATES DISTRICT COURT


DISTRICT OF CONNECTICUT
___________________________________________
)
)
)
Plaintiff,
)
)
v.
)
)
HOMERO JOSHUA GARZA,
)
GAW MINERS, LLC, and
)
ZENMINER, LLC (d/b/a ZEN CLOUD),
)
)
Defendants.
)
___________________________________________ )

SECURITIES AND EXCHANGE COMMISSION,

Case No. 3:15-CV-1760-JAM

PLAINTIFFS REQUEST FOR ENTRY OF DEFAULT


Plaintiff Securities and Exchange Commission (the Commission) requests that the
Clerk of Court enter a default pursuant to Fed. R. Civ. P. 55(a) against defendants GAW Miners,
LLC (GAW Miners) and ZenMiner, LLC d/b/a Zen Cloud (ZenMiner).
In support of this request, the Commission submits the attached Declaration of Kathleen
B. Shields, Esq. indicating that both GAW Miners and ZenMiner were served with the Summons
and Complaint and that neither entity has filed an answer or otherwise responded to the
Complaint within the time period prescribed by Fed. R. Civ. P. 12(a)(1)(A).
Judgment by default must be entered by the Court pursuant to Fed. R. Civ. P. 55(b)(2),
because the Commission has requested a permanent injunction and because a determination of
the proper amount of disgorgement and civil penalties will require the submission of evidentiary
materials. Accordingly, following entry of default by the Clerk, the Commission will file a
Motion for Entry of Default Judgment with supporting memorandum and exhibits, and may also
seek a further hearing to determine the amount of damages against both GAW Miners and

Case 3:15-cv-01760-JAM Document 10 Filed 01/06/16 Page 2 of 2

ZenMiner pursuant to Fed. R. Civ. P. 55(b)(2).

Dated: January 6, 2016

Respectfully submitted,
SECURITIES AND EXCHANGE COMMISSION
By its attorneys,
/s/ Kathleen B. Shields
Kathleen B. Shields (Mass. Bar No. 637438,
phv 04710)
Gretchen Lundgren (Mass. Bar No. 644742)
Michele Perillo (Mass. Bar No. 629343)
Attorneys for Plaintiff
SECURITIES AND EXCHANGE COMMISSION
33 Arch Street, 23rd Floor
Boston, MA 02110
(617) 573-8904 (Shields direct)
(617) 573-4590 (fax)
shieldska@sec.gov (Shields email)
Local Counsel:
/s/ John B. Hughes
John B. Hughes (Fed. Bar No. CT 05289)
Assistant United States Attorney
Chief, Civil Division
United States Attorneys Office
Connecticut Financial Center
157 Church St., 23rd Floor
New Haven, CT 06510
Phone: (203) 821-3700
Fax: (203) 773-5373
CERTIFICATE OF SERVICE

I, Kathleen Shields, hereby certify that on January 6, 2016, I caused a true copy of the
foregoing document to be filed through the ECF system and, accordingly, the document will be
sent electronically to the registered participants as identified on the Notice of Electronic Filing
(NEF). I also sent copies by first class mail to the defendant entities agents for service of
process.
/s/ Kathleen Shields
Kathleen Shields

Case 3:15-cv-01760-JAM Document 10-1 Filed 01/06/16 Page 1 of 2

UNITED STATES DISTRICT COURT


DISTRICT OF CONNECTICUT
___________________________________________
)
SECURITIES AND EXCHANGE COMMISSION, )
)
Plaintiff,
)
)
v.
)
)
HOMERO JOSHUA GARZA,
)
GAW MINERS, LLC, and
)
ZENMINER, LLC (d/b/a ZEN CLOUD),
)
)
Defendants.
)
___________________________________________ )

Case No. 3:15-CV-1760-JAM

DECLARATION OF KATHLEEN SHIELDS, ESQ.


I, Kathleen Burdette Shields, pursuant to 28 U.S.C. 1746, hereby declare as
follows:
1.

I am an attorney and a member in good standing of the bar of the

Commonwealth of Massachusetts. I am employed as a Senior Trial Counsel with the


U.S. Securities and Exchange Commission (the Commission) in its Boston Regional
Office.
2.

I make this Declaration based upon my personal knowledge and upon

information and belief as set forth below, and in support of Plaintiffs Request for Entry
of Default.
3.

On December 1, 2015, the Commission filed its Complaint in this action.

On December 4, 2015, a package containing the Summons and Complaint were served
upon defendants GAW Miners, LLC and ZenMiner, LLC (d/b/a Zen Cloud) by serving
their registered agents of record, VCorp Services, LLC. On December 9, 2015, the
executed returns of service for both GAW Miners and ZenMiner were filed with the
Court.
1

Case 3:15-cv-01760-JAM Document 10-1 Filed 01/06/16 Page 2 of 2

4.

The Courts public docket indicates that the deadline for both GAW

Miners and ZenMiner to answer or otherwise respond to the Complaint was December
25, 2015. Because that day was a holiday, their time to answer or otherwise respond was
extended to December 28, 2015, by operation of Federal Rules of Civil Procedure 12(a)
and 6(a)(1)(C).
5.

To the best of my knowledge, and as reflected on the Courts public

docket for this action, neither GAW Miners nor ZenMiner has filed an answer or
otherwise responded to the Complaint as of today.

I declare under penalty of perjury under the laws of the United States of America
that the foregoing is true and correct.
Executed on January 6, 2015, in Boston, Massachusetts.

/s/ Kathleen B. Shields


Kathleen B. Shields