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Case 2:09-cv-01510-RJB Document 136 Filed 11/16/11 Page 1 of 3

DONALD W. SEARLES, California Bar No. 135705
E-mail: [email protected]
C. DABNEY O’RIORDAN, California Bar No. 205158
E-mail: [email protected]

Attorneys for Plaintiff
Securities and Exchange Commission
Rosalind R. Tyson, Regional Director
Michele Wein Layne, Associate Regional Director
5670 Wilshire Boulevard, 11th Floor
Los Angeles, California 90036-3648
Telephone:
Facsimile:



(323) 965-3998
(323) 965-3908

UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA



Case No. CV-09-01510-PHX-RJB

FINAL JUDGMENT AS TO
DEFENDANT MAYNARD L. JENKINS

Plaintiff,

SECURITIES AND EXCHANGE
COMMISSION,




MAYNARD L. JENKINS,




Defendant.


vs.



The Securities and Exchange Commission having filed a Complaint and

Defendant Maynard L. Jenkins having entered a general appearance; consented to the
Court’s jurisdiction over Defendant and the subject matter of this action; consented to
entry of this Final Judgment without admitting or denying the allegations of the
Complaint (except as to jurisdiction); waived findings of fact and conclusions of law; and
waived any right to appeal from this Final Judgment:

I.

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant shall


reimburse O’Reilly Automotive Inc. (“O’Reilly”), which acquired CSK Auto
Corporation (“CSK”), $2,796,467 pursuant to Section 304(a) of the Sarbanes-Oxley Act





Case 2:09-cv-01510-RJB Document 136 Filed 11/16/11 Page 2 of 3

of 2002, 15 U.S.C. § 7243(a). Defendant shall satisfy this reimbursement obligation to
O’Reilly by paying O’Reilly in two installments. The first installment, in the amount of
$2,097,350.25, shall be paid within thirty (30) calendar days after entry of this Final
Judgment. The second installment, in the amount of $699,116.75, shall be paid within
one year of the date of the entry of the Final Judgment, plus post-judgment interest
pursuant to 28 U.S.C. § 1961. All payments shall be mailed to Jeff Groves, Vice
President and General Counsel, O’Reilly Automotive, Inc., 233 S. Patterson, Springfield,
MO 65802, and accompanied by a cover letter identifying Maynard L. Jenkins as a
defendant in this action; setting forth the title and civil action number of this action and
the name of this Court; and specifying that payment is made pursuant to this Final
Judgment. Defendant shall promptly transmit, or cause to be promptly transmitted,
photocopies of such payments and letters to the Commission’s counsel in this action. If
by wire transfer, the payment shall be made pursuant to confidential wire transfer
instructions that O’Reilly has provided to Defendant for the purpose of making such
payments. Upon making such payment by wire transfer, Defendant promptly shall
inform the Commission’s counsel in this action, or shall cause the Commission’s counsel
promptly to be informed, in writing (i) that the payment was made by wire transfer, (ii)
the date the payment was made, and (iii) the amount of the payment. If he chooses to do
so, Defendant may pay the second installment sooner than one year from the date of entry
of the Court Consent Judgment, without penalty for prepayment. By making those
payments, Defendant relinquishes all legal and equitable right, title, and interest in such
funds, and no part of the funds shall be returned to Defendant. If Defendant fails to make
any payment by the date agreed and/or in the amount agreed according to the schedule set
forth above, all outstanding payments under this Final Judgment, including post-
judgment interest, minus any payments made, shall become due and payable immediately
without further application to the Court.

II.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant





Case 2:09-cv-01510-RJB Document 136 Filed 11/16/11 Page 3 of 3

shall not seek indemnification from O’Reilly, or its wholly owned subsidiary, CSK, for
the payments required by this Final Judgment.
III.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court


shall retain jurisdiction of this matter for the purposes of enforcing the terms of this Final
Judgment.

IV.

There being no just reason for delay, pursuant to Rule 54(b) of the Federal Rules


of Civil Procedure, the Clerk is ordered to enter this Final Judgment forthwith and
without further notice.



Dated this 16th day of November, 2011.

A

ROBERT J. BRYAN

United States District Judge