Case 1:12-cv-07261-TPG Document 23

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK __________________________________________ ) SECURITIES AND EXCHANGE ) COMMISSION, ) ) Plaintiff, ) (TPG) ) ) v. ) ) 8000, INC., JONATHAN E. BRYANT, ) THOMAS J. KELLY, and CARL N. DUNCAN, ) ) Defendants. ) ) __________________________________________)

Civil Action No. 12-cv-7261

Motion for Entry of Default as to 8000, Inc. Plaintiff Securities and Exchange Commission (Commission) hereby requests that the Clerk of the Court enter a certificate of default against Defendant 8000, Inc. pursuant to Federal Rule of Civil Procedure 55(a) and Local Civil Rule 55.1 .for failure to answer, plead or otherwise defend against the Commissions Complaint in this action. In support of this motion, the Commission, through counsel states as follows 1. 2. The Commission filed its Complaint in this matter on September 27, 2012. On January 7, 2013, the Commission filed a waiver of service for 8000,

Inc. signed by Jonathan Bryant as CEO the company. (ECF 11; Bernstein Dec. 3.) 3. Having been waived service, 8000, Inc. had to file an answer no later than

April 3, 201390 days after the waiver of service had been sent. (Bernstein Dec. 4.) To date, despite the passage of more than 90 days since the service of the Complaint, 8000, Inc. has not filed an answer or other pleading and has not otherwise defended this action. (Bernstein Dec. 4.)

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4.

8000, Inc. is not an infant, in the military, or an incompetent person.

(Bernstein Dec. 5.) Based on the foregoing, the Commission respectfully requests that the Clerk enter a default against 8000, Inc. pursuant to Federal Rule of Civil Procedure 55(a) and Local Rule 55.1.

Respectfully submitted, SECURITIES AND EXCHANGE COMISSION, By its attorney,

/s/ Deena R. Bernstein Deena R. Bernstein (BBO #558721) Senior Trial Counsel Securities & Exchange Commission 33 Arch Street, 23rd Floor Boston, Massachusetts 02110 (617) 573-8813 (Bernstein) (617) 573-4590 (Facsimile) June 27, 2013

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CERTIFICATE OF SERVICE I hereby certify that on June 27, 2013I have served by ECF on all counsel of record. I have also served Jonathan Bryant in his personal capacity and as officer of 8000, Inc. at his email address: jonathan@tbgfunds.com

/s Deena R. Bernstein Deena R. Bernstein