IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

________________________________________________

:

SECURITIES AND EXCHANGE COMMISSION, :

:

Plaintiff, :

:

vs. : Civil Action No.: 3:03-CV-1763-L

:

UNISTAR FINANCIAL SERVICE CORP., :

a Delaware corporation, :

MARC A. SPARKS, :

F. JEFFREY NELSON, :

PHILLIP H. CLAYTON, :

DINO A. ROMANO, :

CYNTHIA JACKSON, :

INTERMARK INVESTMENTS, INC., :

a Texas corporation, :

TURNER HOLDINGS, INC., :

a Texas corporation, and :

NICOLE CLAYTON CAVER, :

:

Defendants. :

________________________________________________:

ORDER RESETTING HEARING ON ORDER TO SHOW CAUSE

Before this court is Plaintiff Securities and Exchange Commission’s (“Commission”)

Unopposed Motion to Reset Hearing on Order to Show Cause, filed December 2, 2008. After

carefully considering the application, record, and applicable law, the court grants the

Unopposed Motion. 

Accordingly, the hearing set for December 5, 2008 at 10:00 a.m. is canceled, and it is

ordered that Defendant Dino A. Romano (“Romano”), in person and through counsel, shall

appear before the undersigned at 10:00 a.m. on February 4, 2009, at Courtroom No. 1310,

1100 Commerce Street, Dallas, TX 75242-1003, to show cause why Romano should not be

adjudicated in contempt of this Court’s October 3, 2006, Final Judgment by Default Against

Dino A. Romano that requires Romano to make disgorgement in the amount of $31,050,029 and

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Order – Page 2

to pay prejudgment interest in the amount of $17,585,816 and should not be required to take

such steps as may be appropriate and/or necessary to remedy that contempt, if any, including,

but not limited to, (a) directing Romano to transfer to the registry of the court (i) all currency,

(ii) all funds on deposit with one or more banks, trust companies, savings and loan associations

and/or other financial institutions, (iii) all stocks, bonds, certificates of deposit or other securities

and (iv) all causes of action legally and/or beneficially owned by Romano and (v) the contents of

all safety deposit boxes controlled by him and (b) requiring Romano to disclose the existence and

location of any and all property, real, personal or otherwise, in which he may have a legal,

beneficial or other interest, whether separate, community or otherwise.

It is further ordered that Romano, in person and through counsel, shall show cause why

he should not be remanded immediately to the custody of the United States Marshal for the

Northern District of Texas until either he has made complete disgorgement or posted a cash bond

in the sum of $48,635,845.

It is further ordered that, if Romano wishes to contest the relief sought by the

Commission, he shall file a memorandum of points and authorities setting forth all factual

matters and legal authorities, including citations to appropriate statutes and case, on which he

intends to rely in opposing the Commission’s relief no later than January 28, 2009 at 5:00 p.m.

It is further ordered that the Commission shall personally serve Romano with this order

and file proof of service with the court no later than January 21, 2009 at 5:00 p.m. The court

will not hold a hearing unless the Commission has filed proof of personal service on Romano by

this date.

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It is further ordered that United States Marshal in any district in which Romano resides

or may be found is authorized and directed to make service on him at the request of the

Commission.

It is so ordered this 3rd day of December, 2008.

_________________________________

Sam A. Lindsay

United States District Judge

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