Securities Hearing - S-21208A-22-0254 - TRS PureFlix, LLC et al. **Audio only**
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What is the purpose of the hearing and who are the parties involved?
Okay, let's go on the record. This is the time scheduled for hearing. In the matter of Robert Steven Swagger, the docket number is S-21208A-22-0254. I'm Administrative Law Judge Mark Prenny. I will be presiding over the matter today. Let's begin by taking appearances for the record, starting with counsel for the Securities Division.
Good morning, Your Honor. Rezarta Matai for the Securities Division. AND WITH ME TODAY IS DIRECTOR OF ENFORCEMENT, MR. PAUL KITCHEN, MRS. KAREN HOLE, LEGAL ASSISTANT SUPERVISOR, AND KAREN GERDES, SECURITY DIVISION SPECIAL INVESTIGATOR.
GOOD MORNING. LET ME MAKE SURE I'M PRONOUNCING YOUR NAME CORRECTLY. IS IT MS. MATAJ? MATAJ. OKAY. THANK YOU.
IT'S A SILENT H.
OKAY.
THANK YOU. SILENT
J. OKAY. AND AT THE OTHER TABLE. Morning, Mr. Pacheco. I notice we're missing one human respondent and a couple companies. Ms. Mattai, do you have any information on where Mr. Swagger is this morning?
Thank you, Your Honor. Yeah, that's right. So last communication with Mr. Robert Swagger was yesterday when he submitted to us or let us know about his motion to continue for today's hearing. Other than that, I don't have any information if he will be for this hearing or if he's just waiting for your decision about that motion to continue today's hearing.
Okay. I'll note that his filing indicated that the motion was unopposed. Is that correct?
That's
true. Okay. And I noticed that there was another motion filed a couple hours earlier by you, Ms. Mattai.
That's true, Your Honor. So yesterday around noon, we submitted a motion to vacate hearing partially just for Mrs. Terry Lynn Swagger and affirming the hearing dates that you have already ruled for other respondents, meaning Robert Swagger, TRS Periflex LLC, and TRS Companies LLC. And that was submitted yesterday and we're waiting for that ruling. And as you know, we have that other motion from those three respondents that are not today.
What is the division's position at this time on how we should proceed today?
We as a division actually we're working with Mr. Robert Steven Swagger and the two other companies that he's representing to achieve proposal consent order and we are on those discussion yet so if the court will decide to continue the hearing for tomorrow hopefully we will have something for the commission to approve in the open meeting around mid-November maybe if that is what we hope to happen today. if you give that date to continue and working for that consent order proposal from Mr. Swagger. That's the position for today. So, yeah, we don't oppose his motion to continue for today just for the sake of achieving a proposal consent order for the commission.
Why did the Securities Division file a motion to vacate the hearing for Terry Lynn Swagger?
Okay. Mr. Pacheco, do you have anything you'd like to state regarding the status of things?
for the working relationship. It is now, thank you. Your Honor, we would state that we're grateful for the working relationship we've had with the Commission and Commission Counsel, and we're hopeful that you will see fit to vacate today as to Ms. Terry Lindswager.
Okay, and the status of Ms. Swagger's consent agreement, she has signed it, and at this point you're waiting for it to appear on an open meeting schedule, is that correct? Yes. I see no issues with vacating as the Ms. Swagger, so I'll go ahead and grant that motion from the division. Thank you. Mr. Pacheco, I don't know if you wish to remain any longer. I would like to be excused. Unless the division has an objection to that.
We don't have any objection.
Mr. Pacheco, I thank you for appearing, and you may resume your day on better pursuits.
Good day, sir.
Thank you. I guess, Ms. Mattia, so you'll be ready to start your first witness tomorrow? Is that your preference?
Yes, Your Honor. So if you decide for today to continue the hearing, we are prepared to start with the opening statement and with the witness that we are introducing and two other witnesses from our division.
Assuming we proceed in that... Direction I know we were originally scheduled for six days. We're looking now at being at four How long do you think it would take to present the divisions case?
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