Case 3:12-cv-01068-RNC Document 53 Filed 08/06/13 Page 1 of 3

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT ) ) ) ) ) ) ) ) ) ) )

SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. JERRY S. WILLIAMS, MONKS DEN, LLC, and FIRST IN AWARENESS, LLC, Defendants.

No. 3:12-cv-01068-RNC

PLAINTIFF SECURITIES AND EXCHANGE COMMISSIONS RESPONSE TO DEFENDANT JERRY WILLIAMS REQUEST FOR HEARING Plaintiff Securities and Exchange Commission (Commission) hereby responds to Defendant Jerry Williams request 1 for a hearing on the subjects of Pre-judgment settlement and Pre-judgment remedies to be held in Phoenix, Arizona. Specifically, the Commission opposes (1) holding a hearing on the subject of pre-judgment remedies, and (2) physically holding any hearing outside the courtrooms or chambers of this Court. The Commission does not oppose holding a teleconference hearing on the subject of a pretrial settlement. I. Opposition to hearing on pre-judgment remedies.

The Commission opposes holding a hearing on pre-judgment remedies. The Commission has not sought pre-judgment remedies. A hearing on matters not at issue would be a waste of the parties time and of the Courts limited resources.

Defendant Williams purports to make his request on behalf of all defendants. However, as the Court has already ruled, Williams, as a non-lawyer, cannot represent the entity defendants. See Docket Entry No. 19 (Order granting Motion to Strike).

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II.

Opposition to holding any hearing in Phoenix, Arizona.

The Commission opposes holding any hearing in Phoenix, Arizona. All of the pretrial hearings in this matter have been held by telephonic conference. There is no reason why this one could not be held by telephone as well. III. Non-opposition to telephonic pretrial settlement conference.

The Commission does not oppose holding a telephonic hearing on the subject of pretrial settlement. The parties have already had settlement discussions, but have not been able to reach any agreement. Although Commission counsel doubts that Court participation will change the parties positions, he is willing to participate in a telephonic hearing on this subject. WHEREFORE, the Commission respectfully requests that the Court deny Defendant Williams request for a hearing on pre-judgment remedies to be held in Phoenix, Arizona. The Commission takes no position, and leaves to the Courts discretion, whether to hold a telephonic hearing on the subject of pretrial settlement.

Respectfully submitted, SECURITIES AND EXCHANGE COMISSION, By its attorney, /s/ R.M. Harper II Richard M. Harper II (PHV #05528) Senior Trial Counsel U.S. Securities and Exchange Commission 33 Arch Street, 23rd Floor Boston, Massachusetts 02110 (617) 573-8979 (Harper) (617) 573-4590 (Facsimile) HarperR@sec.gov August 6, 2013

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CERTIFICATE OF SERVICE I hereby certify that on August 6, 2013, I served the foregoing document on following unrepresented party by First Class Mail: Jerry S. Williams 3123 North 82nd Way Mesa, Arizona 85207

/s R.M. Harper II Richard M. Harper II