Gustin et al v. Hoffman et al
Plaintiff: Jerry Gustin, Wesley Welling and Elda Garcia
Defendant: Paul A. Hoffman, Edward S. Digges, Jr. and Katherine Kerr
Interested Party: Receiver James D. Silver and K. Brigid Peterson
Case Number: 6:2008cv00057
Filed: January 14, 2008
Court: US District Court for the Middle District of Florida
Office: Orlando Office
County: Orange
Presiding Judge: David A Baker
Referring Judge: Gregory A Presnell
Nature of Suit: Securities/Commodities
Cause of Action: 15 U.S.C. § 0078 m(a) Securities Exchange Act
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on January 20, 2010. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 20, 2010 Filing 155 NOTICE of compliance re #153 Order on motion for attorney feesOrder on motion to dismiss by Elda Garcia, Jerry Gustin, Wesley Welling (Pruss, Lorenz)
January 15, 2010 Filing 154 NOTICE of compliance re #153 Order on motion for attorney feesOrder on motion to dismiss by Jerry Gustin, Wesley Welling, Elda Garcia (Pruss, Lorenz)
December 22, 2009 Opinion or Order Filing 153 FINAL ORDER granting class certification, approving settlement, awarding attorneys fees and costs, and dismissing claims [based on proposed order submitted to Chambers on 11/24/2009]. The claims against Defendant Hoffman are dismissed with prejudice in accordance with the terms of the settlement agreement. The claims against Defendant Digges are dismissed without prejudice effective January 15, 2010 in accordance with the terms of the settlement agreement. Defendant Hoffman shall effect the settlement payment by no later than Friday, January 8, 2010. Plaintiffs' counsel shall file its final report to the Court on or before Friday, January 15, 2010. Signed by Judge Gregory A. Presnell on 12/22/2009. (TFF)
November 20, 2009 Filing 152 Minute Entry. Proceedings held before Judge Gregory A. Presnell: Fairness Hearing held on 11/20/2009. The payment of $700,000.00 will be made on or before January 8, 2010. Plaintiffs will file a final distribution report and by January 15, 2010 file their paperwork to dispose of the case.As to the Motion for Attorney Fees #145 is granted. (Parties to prepare order)As to the Amended Joint Motion to Dismiss Defendant Diggs #148 court will enter an order dismissing him which will be effective on January 15, 2009.Court makes a finding that the settlement is fair. Parties will submit a proposed order to court before November 25, 2009. Court Reporter: Diane Peede (AKJ)
November 18, 2009 Filing 151 NOTICE of Compliance y Jerry Gustin, Wesley Welling, Elda Garcia re #149 Order (Attachments: #1Declaration of Scott M. Dimond)(Pruss, Lorenz) Modified on 11/19/2009 (LAK).
August 18, 2009 Opinion or Order Filing 150 ORDER canceling Final Pretrial and Trial hearing scheduled for September 16, 2009 and October, 09. A fairness hearing has been set for 11/20/09 by separate order #149. (counsel emailed, copy mailed to Edward S. Diggs Jr.) (AKJ)
August 13, 2009 Opinion or Order Filing 149 ORDER granting #148 Motion to Approve Settlement; granting #148 Motion to certify class; ruling deferred on #148 Motion to dismiss claims against Edward S. Digges, Jr. Signed by Judge Gregory A. Presnell on 8/13/2009. (TKW)
August 12, 2009 Filing 148 AMENDED Joint MOTION to Approve Settlement, Joint MOTION to certify class, MOTION to dismiss Claims Against Defendant Edward Digges Solely by Plaintiffs by Jerry Gustin, Wesley Welling, Elda Garcia, Paul A. Hoffman. (Attachments: #1 Exhibit A - Settlement Agreement, #2 Exhibit B - Order Granting Motion for Preliminary Approval, #3 Exhibit C - Counsel CV)(Pruss, Lorenz) Modified on 8/12/2009 (IGC).
August 12, 2009 Filing 147 NOTICE by Jerry Gustin, Wesley Welling, Elda Garcia Intent to Seek Dismissal of Claims Against Digges (Pruss, Lorenz)
July 31, 2009 Opinion or Order Filing 146 ORDER directing Plaintiffs to file their notice regarding Defendant Digges by no later than Friday, August 14, 2009, and directing the parties to file an Amended Joint Motion for Class Certification and Preliminary Approval of Settlement Agreement by no later than Wednesday, August 19, 2009. Signed by Judge Gregory A. Presnell on 7/31/2009. (TFF)
July 23, 2009 Filing 145 MOTION for attorney fees by Jerry Gustin, Wesley Welling, Elda Garcia. (Attachments: #1 Exhibit Declaration of Melanie Damian, #2 Exhibit Declaration of Scott M. Dimond, #3 Exhibit Declaration of Guy Giberson)(Pruss, Lorenz)
July 1, 2009 Filing 144 Minute Entry. Proceedings held before Judge Gregory A. Presnell: Status Conference held on 7/1/2009. Court Reporter: Diane Peede (AKJ)
June 24, 2009 Opinion or Order Filing 143 ORDER and NOTICE OF HEARING, re: Status Conference set for 7/1/2009 at 09:00 a.m. in Orlando Courtroom 5 A before Judge Gregory A. Presnell. Signed by Judge Gregory A. Presnell on 6/24/2009. (TFF)
June 22, 2009 Filing 142 NOTICE by Jerry Gustin, Wesley Welling, Elda Garcia of Compelling Cause to Proceed with Hoffman Settlement (Attachments: #1 Exhibit A, #2 Exhibit B)(Giberson, Guy)
June 8, 2009 Opinion or Order Filing 141 ORDER denying as moot #116 Motion to certify class; and denying without prejudice #140 Joint Motion to certify class and approve settlement. Signed by Judge Gregory A. Presnell on 6/8/2009. (TFF)
May 28, 2009 Filing 140 Joint MOTION to appoint counsel, Joint MOTION to Approve Settlement, Joint MOTION to certify class by Jerry Gustin, Wesley Welling, Elda Garcia and Paul A. Hoffman. (Attachments: #1Exhibit A - Settlement Agreement, #2 Exhibit B - Order Granting Motion for Preliminary Approval, #3 Exhibit C - Counsel CV)(Pruss, Lorenz) Motion no longer referred to Magistrate Judge David A. Baker. Modified on 6/1/2009 (RDO).
May 19, 2009 Opinion or Order Filing 139 ORDER denying as moot #134 Motion to Seal Document. Signed by Judge Gregory A. Presnell on 5/19/2009. (TFF)
May 18, 2009 Filing 138 DECLARATION of Edward J. Boyle Regarding Status of Settlement between Plaintiffs and Paul A. Hoffman by Paul A. Hoffman. (Biard, Benjamin)
May 11, 2009 Opinion or Order Filing 137 ORDER directing Defendant Hoffman to respond to #134 by no later than Monday, May 18, 2009, and denying without prejudice #131. Signed by Judge Mary S. Scriven for Judge Gregory A. Presnell on 5/11/2009. (TFF)
April 16, 2009 Filing 136 AMENDED MEDIATION REPORT. Hearing held on 4/9/09. Hearing outcome: SETTLED(RDO)
April 15, 2009 Filing 135 MEDIATION REPORT: Hearing held on 4/9/09; Hearing outcome: SETTLED(IGC)
April 14, 2009 Filing 134 MOTION to Seal Document by all plaintiffs. (Giberson, Guy)
April 14, 2009 Filing 133 NOTICE of Filing Mediation Report by Jerry Gustin, Wesley Welling, Elda Garcia (Attachments: #1 Mediation Report of Jeffrey S. Grubman)(Giberson, Guy) Modified on 4/15/2009 (MJT).
April 14, 2009 Filing 132 DECLARATION of Edward J. Boyle re #131 MOTION to extend time to for all dealines and notice of settlement with respect to Defendant Paul Hoffman. by Paul A. Hoffman. (Biard, Benjamin)
April 13, 2009 Filing 131 MOTION to extend time to for all dealines and notice of settlement with respect to Defendant Paul Hoffman. by all plaintiffs. (Giberson, Guy)
April 7, 2009 Opinion or Order Filing 130 ENDORSED ORDER granting #129 Motion for Extension of Time to Complete Discovery. Signed by Magistrate Judge David A. Baker on 4/7/2009. (Baker, David)
April 6, 2009 Filing 129 MOTION for Extension of Time to Complete Discovery Deposition of Edward S.Digges, JR. by all plaintiffs. (Giberson, Guy) Motions referred to Magistrate Judge David A. Baker.
April 3, 2009 Filing 128 ANSWER/RESPONSE in opposition re #116 MOTION to certify class filed by Edward S. Digges, Jr. (RDO)
April 1, 2009 Filing 127 Re- NOTICE of mediation to be held on April 9, 2009 at 8:00 a.m. before Jeffrey Grubman. (Pruss, Lorenz)
March 27, 2009 Filing 126 NOTICE of mediation to be held on April 9, 2009 before Jeffrey Grubman. (Pruss, Lorenz)
March 27, 2009 Opinion or Order Filing 125 ENDORSED ORDER granting #124 Motion for leave to file Reply. Signed by Judge Gregory A. Presnell on 3/27/2009. (TFF)
March 26, 2009 Filing 124 MOTION for leave to file Reply in Support of Renewed Motion for Class Certification by Jerry Gustin, Wesley Welling, Elda Garcia. (Pruss, Lorenz)
March 23, 2009 Filing 123 ANSWER to #98 Amended complaint by Paul A. Hoffman.(Biard, Benjamin)
March 20, 2009 Filing 122 MEMORANDUM in opposition re #116 Motion to certify class Opposition to plaintiffs motion for class certification filed by Paul A. Hoffman. (Attachments: #1 Exhibit Deposition of Golodetz; part 1 of 4, #2 Exhibit Deposition of Golodetz part 2 of 4, #3 Exhibit Deposition of Golodetz part 3 of 4, #4 Exhibit Deposition of Golodetz part 4 of 4, #5 Exhibit Deposition of Haug, #6 Exhibit Gustin Documents from complaint, #7 Exhibit Garcia Documents from complaint, #8 Exhibit Welling documents from complaint, #9 Exhibit Declaration of Elda Garcia, #10 Exhibit Deposition of Gustin, #11 Exhibit Deposition of Garcia, #12 Exhibit Deposition of Welling, #13 Exhibit Humesky letter with rebate, #14 Exhibit Texas questionnaire, #15 Exhibit E-mail from plaintiff's counsel, #16 Exhibit Haug Declaration, #17 Exhibit Draft Haug Declaration, #18 Exhibit Deposition of Cecil Jones, #19 Exhibit Gustin Proof of Claim)(Biard, Benjamin)
March 20, 2009 Filing 121 NOTICE to the courts by K. Brigid Peterson. (MJT)
March 10, 2009 Opinion or Order Filing 120 ENDORSED ORDER granting #119 Motion to extend time. Provided, however, this extension in no way relieves the parties of other obligations and deadlines set forth in the Scheduling Order. Further, this extension shall not be the basis for seeking relief from that Order. Provided further, this extension assumes that there will be no disputes regarding discovery within this extended period, and the Court will not entertain any motions pertaining to such disputes. In particular, the parties are reminded that the deadline for filing of dispositive motions is NOT extended. Signed by Magistrate Judge David A. Baker on 3/10/2009. (Baker, David)
March 9, 2009 Filing 119 MOTION to extend time to April 10, 2009 to take the deposition of Defendant, Edward S. Digges by all plaintiffs. (Giberson, Guy)
March 9, 2009 Opinion or Order Filing 118 ORDER denying #100 #103 Motions to dismiss. Signed by Judge Gregory A. Presnell on 3/9/2009. (TFF)
February 28, 2009 Filing 117 NOTICE by Jerry Gustin, Wesley Welling, Elda Garcia re #116 MOTION to certify class of Filing Certain Exhibits to the Deposition of Paul A. Hoffman (Attachments: #1Exhibit 13, #2 Exhibit 24)(Pruss, Lorenz) Text modified on 3/2/2009 (RDO).
February 27, 2009 Filing 116 RENEWED MOTION to certify class by Jerry Gustin, Wesley Welling, Elda Garcia. (Attachments: #1 Exhibit A - 2-20-06 Deposition Transcript Paul Hoffman, #2 Exhibit B - 2-12-09 Deposition Transcript Paul Hoffman, #3 Exhibit C- Kapila Affidavit, #4 Exhibit D - Deposition of Elda Garcia, #5 Exhibit E - Declaration of Louis C. Haug, #6 Exhibit F - Letter to Wes Welling, #7 Exhibit G - Master CV)(Pruss, Lorenz) Text modified on 3/2/2009 (RDO).
February 6, 2009 Filing 115 REPLY to response to motion re #103 MOTION to dismiss Fourth Amended Complaint filed by Paul A. Hoffman. (Attachments: #1 Exhibit A (1of3), #2 Exhibit A (2of3), #3 Exhibit A (3 of 3), #4 Exhibit B, #5 Exhibit C)(Biard, Benjamin)
February 3, 2009 Opinion or Order Filing 114 ORDER granting #112 Motion for Extension of Time to File. Signed by Judge Gregory A. Presnell on 2/3/2009. (TFF)
February 3, 2009 Filing 113 NOTICE of Consent by Paul A. Hoffman re #112 MOTION for Extension of Time to File Expert Disclosure and Report (Attachments: #1 Exhibit A) (Biard, Benjamin) Text modified on 2/4/2009 (RDO).
February 2, 2009 Filing 112 MOTION for Extension of Time to File Expert Disclosure and Report by Jerry Gustin, Wesley Welling, Elda Garcia. (Attachments: #1 Text of Proposed Order)(Giberson, Guy)
January 29, 2009 Filing 111 NOTICE of Additional Counsel Appearance by Benjamin Joseph Biard on behalf of Paul A. Hoffman (Biard, Benjamin)
January 29, 2009 Opinion or Order Filing 110 ORDER granting #109 Motion for leave to file a Reply. Defendant Hoffman's Reply shall be filed no later than Friday, February 6, 2009. Signed by Judge Gregory A. Presnell on 1/29/2009. (TFF)
January 28, 2009 Filing 109 MOTION for leave to file Reply in Connection with Hoffman's Motion to Dismiss by Paul A. Hoffman. (Attachments: #1 Text of Proposed Order Order Granting Motion Pursuant to Local Rule 3.01(d) for Leave to File Reply in Connection with his Motion to Dismiss)(Biard, Benjamin)
January 28, 2009 Opinion or Order Filing 108 ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) #107 Motion for leave to file. Signed by Judge Gregory A. Presnell on 1/28/2009. (TFF)
January 15, 2009 Filing 107 MOTION for leave to file Reply in Connection with Defendant Paul Hoffman's Motion to Dismiss by Paul A. Hoffman. (Biard, Benjamin)
January 14, 2009 Filing 106 RESPONSE in opposition re #103 MOTION to dismiss Fourth Amended Complaint, #100 MOTION to dismiss Plaintiff's Fourth Amended Class Action Complaint filed by Jerry Gustin, Wesley Welling, Elda Garcia. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C - Part 1, #4 Exhibit C - Part 2, #5 Exhibit D)(Giberson, Guy)
December 24, 2008 Opinion or Order Filing 105 ENDORSED ORDER granting #104 Motion for Extension of Time to File Response/Reply. Signed by Magistrate Judge David A. Baker on 12/24/2008. (Baker, David)
December 23, 2008 Filing 104 First MOTION for Extension of Time to File Response/Reply as to #103 MOTION to dismiss Fourth Amended Complaint, #102 Notice (Other) by all plaintiffs. (Attachments: #1 Text of Proposed Order)(Giberson, Guy) Motions referred to Magistrate Judge David A. Baker.
December 22, 2008 Filing 103 MOTION to dismiss Fourth Amended Complaint by Edward S. Digges, Jr. (RDO)
December 19, 2008 Filing 102 NOTICE by Jerry Gustin, Wesley Welling, Elda Garcia re #99 Notice (Other), #98 Amended complaint of Compliance with PSLRA (Attachments: #1 Exhibit A to Notice of Compliance)(Pruss, Lorenz)
December 15, 2008 Filing 101 DECLARATION of William J. Kelly re #100 MOTION to dismiss Plaintiff's Fourth Amended Class Action Complaint by Paul A. Hoffman. (Biard, Benjamin)
December 15, 2008 Filing 100 MOTION to dismiss Plaintiff's Fourth Amended Class Action Complaint by Paul A. Hoffman. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit , #9 Exhibit I, #10 Exhibit J) (Biard, Benjamin) Text modified on 12/16/2008 (RDO).
December 5, 2008 Filing 99 NOTICE by Jerry Gustin, Wesley Welling, Elda Garcia of Filing Certifications (Attachments: #1 Exhibit Certification of Gustin, #2 Exhibit Certification of Garcia, #3 Exhibit Certification of Welling)(Damian, Melanie)
December 5, 2008 Filing 98 AMENDED COMPLAINT Fourth against all defendants with Jury Demand filed by all plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Damian, Melanie)
October 28, 2008 Opinion or Order Filing 97 ORDER DENYING #72 Motion to certify class; DENYING as moot #94 Motion for leave to file; and DISMISSING #75 Third Amended Complaint. Signed by Judge Gregory A. Presnell on 10/28/2008. (TFF)
October 24, 2008 Filing 96 NOTICE by Jerry Gustin, Wesley Welling, Elda Garcia of Filing Certification of Plaintiff Pursuant to the Private Securities Litigation Reform Act (Attachments: #1 Exhibit)(Damian, Melanie)
October 20, 2008 Filing 95 RESPONSE in opposition re #94 MOTION for leave to file Supplement to Record and Opposition to Plaintiffs' Motion for Class Certification filed by Jerry Gustin, Wesley Welling, Elda Garcia. (Pruss, Lorenz)
October 10, 2008 Filing 94 MOTION for leave to file Supplement to Record and Opposition to Plaintiffs' Motion for Class Certification by Paul A. Hoffman. (Attachments: #1 Exhibit A, Deposition of Wesley Welling, #2 Exhibit B, Deposition of Elda Garcia, #3 Exhibit C, Deposition of Jerry Gustin, #4 Exhibit D, Deposition of Scott Dimond)(Strasius, Anthony) Text modified on 10/14/2008 (RDO).
October 2, 2008 Filing 93 CERTIFICATE of interested persons and corporate disclosure statement Amended by Jerry Gustin, Wesley Welling, Elda Garcia. (Damian, Melanie)
September 15, 2008 Opinion or Order Filing 92 ORDER granting #91 Motion to extend time. Signed by Judge Gregory A. Presnell on 9/15/2008. (TFF)
September 12, 2008 Filing 91 MOTION to extend time to Take Depositions of Plaintiffs, Plaintiffs' Counsel and Receiver by Jerry Gustin, Wesley Welling, Elda Garcia. (Attachments: #1 Text of Proposed Order)(Giberson, Guy)
September 12, 2008 Filing 90 NOTICE of Appearance by Guy F. Giberson on behalf of Jerry Gustin, Wesley Welling, Elda Garcia (Giberson, Guy)
September 9, 2008 Filing 89 MEMORANDUM in opposition re #72 Motion to certify class filed by Edward S. Digges, Jr. (RDO)
September 9, 2008 Opinion or Order Filing 88 ORDER granting in part #76 Motion to compel to the extent not moot. Signed by Magistrate Judge David A. Baker on 9/9/2008. (EC1)
September 8, 2008 Filing 87 ANSWER to #75 Third Amended complaint by Edward S. Digges, Jr.(RDO)
September 8, 2008 Opinion or Order Filing 86 ENDORSED ORDER denying #84 Motion for leave to file reply. Signed by Judge Gregory A. Presnell on 9/8/2008. (Presnell, Gregory)
September 5, 2008 Filing 85 RESPONSE in opposition re #84 MOTION for Leave to File Reply in Support of Motion for Class Certification filed by Paul A. Hoffman. (Biard, Benjamin) Modified on 9/8/2008 (IGC).
September 5, 2008 Filing 84 MOTION for Leave to File Reply in Support of Motion for Class Certification by Jerry Gustin, Wesley Welling, Elda Garcia. (Pruss, Lorenz) Modified on 9/8/2008 (IGC).
September 4, 2008 Filing 83 RESPONSE in opposition re #72 MOTION to certify class filed by Paul A. Hoffman. (Attachments: #1 Exhibit Exhibit B, #2 Exhibit Exhibit C, #3 Exhibit D, #4 Exhibit E, #5 Exhibit F, #6 Exhibit G, #7 Exhibit H, #8 Exhibit I, #9 Exhibit A)(Biard, Benjamin) Text modified on 9/5/2008 (RDO).
August 29, 2008 Filing 82 REPLY to response to motion re #76 MOTION to compel Plaintiffs, Receiver James Silver and a Representative of Plaintiff's Law Firm to Appear in this District for a Deposition purusant to L.R. 3.04(B) and F.R.C.P. 30 MOTION to compel Plaintiffs, Receiver James Silver and a Representative of Plaintiff's Law Firm to Appear in this District for a Deposition purusant to L.R. 3.04(B) and F.R.C.P. 30 filed by Paul A. Hoffman. (Attachments: #1 Exhibit A, #2 Exhibit B)(Biard, Benjamin) Text modified on 9/2/2008 (RDO).
August 26, 2008 Opinion or Order Filing 81 ENDORSED ORDER granting #79 Motion for leave to file. Signed by Magistrate Judge David A. Baker on 8/26/2008. (Baker, David)
August 25, 2008 Filing 80 ANSWER and affirmative defenses with Jury Demand to #75 Amended complaint by Paul A. Hoffman.(Biard, Benjamin)
August 21, 2008 Filing 79 MOTION for leave to file Pursuant to Local Rule 3.01(D) a Reply in Connection with Defendant Paul Hoffman's Motion to Compel Plaintiffs, Receiver James Silver and a Representative of Plaintiff's Law Firm to Appear in this District for a Deposition by Paul A. Hoffman. (Biard, Benjamin)
August 20, 2008 Filing 78 RESPONSE in opposition re #76 MOTION to compel Plaintiffs, Receiver James Silver and a Representative of Plaintiff's Law Firm to Appear in this District for a Deposition filed by Jerry Gustin, Wesley Welling, Elda Garcia. (Attachments: #1 Exhibit A) (Damian, Melanie) Text modified on 8/21/2008 (RDO).
August 13, 2008 Filing 77 MEMORANDUM in opposition to #76 Motion to Compel James Silver to Appear for Deposition and Memorandum of Law filed by James D. Silver. (Attachments: #(1) Exhibit A)(Scherer, William) Text modified on 8/14/2008 (RDO).
August 8, 2008 Filing 76 MOTION to compel Plaintiffs, Receiver James Silver and a Representative of Plaintiff's Law Firm to Appear in this District for a Deposition purusant to L.R. 3.04(B) and F.R.C.P. 30 by Paul A. Hoffman. (Attachments: #1 Exhibit Damian Letter 8.6.08, #2 Text of Proposed Order Order Granting Motion to Compel)(Biard, Benjamin) Motions referred to Magistrate Judge David A. Baker.
August 4, 2008 Filing 75 THIRD AMENDED COMPLAINT against all defendants with Jury Demand filed by all plaintiffs.(Damian, Melanie) Text modified on 8/5/2008 (RDO).
August 4, 2008 Opinion or Order Filing 74 ENDORSED ORDER directing Paul A. Hoffman, Edward S. Digges, Jr to respond to #72 MOTION to certify class. Responses due by 9/4/2008. Signed by Judge Gregory A. Presnell on 8/4/2008. (AEB)
August 4, 2008 Opinion or Order Filing 73 ENDORSED ORDER granting #71 Motion for leave to file. Signed by Judge Gregory A. Presnell on 8/4/2008. Plaintiffs shall have leave to file a Third Amended Complaint within 5 days of this Order. (AEB)
August 1, 2008 Filing 72 MOTION to certify class by all plaintiffs. (Attachments: #1 Exhibit Exhibit A - Curriculum Vitae)(Pruss, Lorenz)
August 1, 2008 Filing 71 MOTION for leave to file Third Amended Complaint by all plaintiffs. (Attachments: #1 Exhibit A)(Damian, Melanie)
August 1, 2008 Filing 70 NOTICE by James D. Silver of Filing Statement by Receiver and Request for Status Conference (Scherer, William)
July 29, 2008 Opinion or Order Filing 69 ORDER granting #56 Motion to dismiss. Signed by Judge Gregory A. Presnell on 7/29/2008. Plaintiffs' claims against Defendant Hoffman are DISMISSED without prejudice. (AEB)
July 29, 2008 Opinion or Order Filing 68 ORDER granting #59 Motion to dismiss. Signed by Judge Gregory A. Presnell on 7/29/2008. Ms. Kerr is hereby DISMISSED from this case, without prejudice, for lack of personal jurisdiction. (AEB)
July 29, 2008 Opinion or Order Filing 67 ENDORSED ORDER denying #66 Motion for leave to file. Signed by Judge Gregory A. Presnell on 7/29/2008. (AEB)
July 28, 2008 Filing 66 MOTION for leave to file Reply to Plaintiff's Response to Hoffman's Motion to Dismiss to Second Amended Complaint by Paul A. Hoffman. (Biard, Benjamin)
July 25, 2008 Filing 65 RESPONSE in opposition re #56 MOTION to dismiss Second Amended Complaint and Memorandum of Law in Support filed by Jerry Gustin, Wesley Welling, Elda Garcia. (Attachments: #1 Exhibit A - Part 1, #2 Exhibit A - Part 2, #3 Exhibit A - Part 3, #4 Exhibit A - Part 4)(Damian, Melanie)
July 25, 2008 Filing 64 RESPONSE in opposition re #59 MOTION to dismiss Second Amended Class Action Complaint for Lack of In Personam Jurisdiction and Memorandum of Law In Support Thereof filed by Jerry Gustin, Wesley Welling, Elda Garcia. (Attachments: #1 Exhibit A - Part I, #2 Exhibit A - Part 2, #3 Exhibit A - Part 3, #4 Exhibit A - Part 4, #5 Exhibit A - Part 5, #6 Exhibit A - Part 6)(Damian, Melanie)
July 15, 2008 Opinion or Order Filing 63 ENDORSED ORDER granting #62 Motion for Extension of Time to File Response/Reply re #59 MOTION to dismiss Second Amended Class Action Complaint for Lack of In Personam Jurisdiction and Memorandum of Law In Support Thereof, #56 MOTION to dismiss Second Amended Complaint and Memorandum of Law in Support Responses due by 7/25/2008. Signed by Judge Gregory A. Presnell on 7/15/2008. (AEB)
July 14, 2008 Filing 62 Unopposed MOTION for Extension of Time to File Response/Reply as to #59 MOTION to dismiss Second Amended Class Action Complaint for Lack of In Personam Jurisdiction and Memorandum of Law In Support Thereof, #56 MOTION to dismiss Second Amended Complaint and Memorandum of Law in Support by Jerry Gustin, Wesley Welling, Elda Garcia. (Attachments: #1 Text of Proposed Order Order)(Damian, Melanie) Motions referred to Magistrate Judge David A. Baker.
June 30, 2008 Filing 61 ANSWER and affirmative defenses to #54 Second Amended complaint by Edward S. Digges, Jr.(RDO)
June 30, 2008 Filing 60 NOTICE of Filing Declaration by Paul A. Hoffman re #56 MOTION to dismiss Second Amended Complaint (Attachments: #1 Declaration of Paul A. Hoffman) (Biard, Benjamin) Text modified on 7/1/2008 (RDO).
June 27, 2008 Filing 59 MOTION to dismiss Second Amended Class Action Complaint for Lack of In Personam Jurisdiction and Memorandum of Law In Support Thereof by Katherine Kerr. (Attachments: #1 Exhibit A - Declaration of Katherine A. Kerr, #2 Exhibit B - Deposition of Katherine A. Kerr, March 16, 2006)(Shaffer, Robert)
June 27, 2008 Filing 58 NOTICE of filing Declaration of William Kelly by Paul A. Hoffman re #56 MOTION to dismiss Second Amended Complaint (Attachments: #1 Declaration of William Kelly, #2 Exhibit A, #3 Exhibit B)(Biard, Benjamin) Modified on 6/30/2008 (RDO).
June 27, 2008 Filing 57 NOTICE of filing Declaration of Edward Boyle by Paul A. Hoffman re #56 MOTION to dismiss Second Amended Complaint (Attachments: #1 Declaration of Edward Boyle, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(Biard, Benjamin) Text modified on 6/30/2008 (RDO).
June 27, 2008 Filing 56 MOTION to dismiss Second Amended Complaint and Memorandum of Law in Support by Paul A. Hoffman. (Biard, Benjamin)
June 26, 2008 Filing 55 CERTIFICATE of interested persons and corporate disclosure statement re #53 Interested persons order by Jerry Gustin, Wesley Welling, Elda Garcia. (Damian, Melanie)
June 17, 2008 Filing 54 AMENDED COMPLAINT Second against Paul A. Hoffman, Edward S. Digges, Jr, Katherine Kerr with Jury Demand filed by Jerry Gustin, Wesley Welling, Elda Garcia.(Damian, Melanie)
June 12, 2008 Opinion or Order Filing 53 INTERESTED PERSONS ORDER for newly added Plaintiff Wesley Welling. Certificate of interested persons and corporate disclosure statement due by 6/23/2008 Signed by Judge Gregory A. Presnell on 6/12/2008. (counsel emailed/mailed)(AKJ)
June 11, 2008 Opinion or Order Filing 52 ORDER striking #50 Amended Complaint and granting #47 Motion to add Plaintiff. Signed by Judge Gregory A. Presnell on 6/11/2008. The Amended Complaint #50 is hereby STRICKEN, Plaintiffs' Motion to Add Wesley Welling as Plaintiff #47 is GRANTED and Plaintiffs shall have leave to file a Second Amended Complaint in compliance with this Order on or before June 25, 2008. (AEB)
June 10, 2008 Filing 51 RESPONSE in opposition re #47 MOTION to Add Wesley Welling as Plaintiff Jointly submitted by all defendants filed by Paul A. Hoffman. (Attachments: #1 Exhibit Exhibit A, #2 Text of Proposed Order)(Kelly, William)
June 9, 2008 Filing 50 AMENDED COMPLAINT against all defendants with Jury Demand filed by all plaintiffs.(Damian, Melanie) (STRICKEN ON 6/12/2008. SEE #52 ORDER) (RDO).
June 6, 2008 Filing 49 AMENDED COMPLAINT against all defendants with Jury Demand filed by all plaintiffs.(Damian, Melanie) (Terminated on 6/9/2008 for improper signature. Atty. called and will re-file) (RDO).
June 4, 2008 Opinion or Order Filing 48 ENDORSED ORDER granting #46 Motion to extend time ; motion for class certification due august 1,2008. No further extensions will be granted. Signed by Judge Gregory A. Presnell on 6/4/2008. (Presnell, Gregory)
June 3, 2008 Filing 47 MOTION to Add Wesley Welling as a Plaintiff by Jerry Gustin, Elda Garcia. (Attachments: #1 Text of Proposed Order Order)(Damian, Melanie) Modified on 6/4/2008 (RDO).
June 2, 2008 Filing 46 MOTION to extend time to File Motion for Class Certification by Jerry Gustin, Elda Garcia. (Attachments: #1 Text of Proposed Order Order Granting Motion for Enlargement of Time to File Motion for Class Certification)(Pruss, Lorenz)
May 27, 2008 Opinion or Order Filing 45 ORDER denying as moot #25 Motion to Dismiss for Lack of Jurisdiction; granting in part and denying in part #44 Motion for leave to file; denying as moot #20 Motion to Dismiss for Lack of Jurisdiction. Signed by Judge Gregory A. Presnell on 5/27/2008. Plaintiffs may file an amended complaint within 10 days of this Order, to supplement their jurisdictional allegations. Additional representative Plaintiffs may not be added absent a motion establishing good cause. (AEB)
April 25, 2008 Filing 44 MOTION for leave to file a First Amended Class Action Complaint and Incorporate Memorandum of Law by Jerry Gustin, Elda Garcia. (Attachments: #1 Exhibit First Amended Complaint, #2 Text of Proposed Order order)(Damian, Melanie)
April 21, 2008 Opinion or Order Filing 43 ENDORSED ORDER granting #42 Motion for Extension of Time to File Response/Reply re #25 MOTION to Dismiss for Lack of Jurisdiction (With Memorandum of Law ), #20 MOTION to Dismiss for Lack of Jurisdiction (In Personam) Responses due by 4/25/2008. Signed by Judge Gregory A. Presnell on 4/21/2008. Plaintiffs once again cited the wrong Local Rules and are, once again, reminded that this case is pending in the Middle District of Florida. (AEB)
April 18, 2008 Filing 42 MOTION for Extension of Time to File Response/Reply by Jerry Gustin, Elda Garcia. (Attachments: #1 Text of Proposed Order)(Damian, Melanie) Motions referred to Magistrate Judge David A. Baker.
April 4, 2008 Opinion or Order Filing 41 ENDORSED ORDER granting #40 Motion for Extension of Time to File Response/Reply re #25 MOTION to Dismiss for Lack of Jurisdiction (With Memorandum of Law ), #20 MOTION to Dismiss for Lack of Jurisdiction (In Personam). Responses due by 4/18/2008. Signed by Judge Gregory A. Presnell on 4/4/2008. (AEB)
April 4, 2008 Filing 40 MOTION for Extension of Time to File Response/Reply by Jerry Gustin, Elda Garcia. (Attachments: #1 Text of Proposed Order)(Damian, Melanie) Motions referred to Magistrate Judge David A. Baker.
March 25, 2008 Opinion or Order Filing 39 CASE MANAGEMENT AND SCHEDULING ORDER. Signed by Judge Gregory A. Presnell on 3/25/2008. (TKW)
March 24, 2008 Filing 38 CASE MANAGEMENT REPORT. (Pruss, Lorenz)
March 13, 2008 Filing 37 CERTIFICATE of interested persons and corporate disclosure statement re #23 Interested persons order and Certificate of Service thereof by Paul A. Hoffman. (Kelly, William)
March 13, 2008 Opinion or Order Filing 36 ENDORSED ORDER granting #34 Motion for Extension of Time to File Response/Reply, though counsel cited the wrong Local Rule. They are reminded that this case is pending in the Middle District of Florida. Signed by Magistrate Judge David A. Baker on 3/13/2008. (Baker, David)
March 13, 2008 Opinion or Order Filing 35 ENDORSED ORDER granting #32 Motion to meet telephonically to complete case management report. Signed by Judge Gregory A. Presnell on 3/13/2008. (TKW)
March 12, 2008 Filing 34 MOTION for Extension of Time to File Response/Reply by Jerry Gustin, Elda Garcia. (Attachments: #1 Text of Proposed Order)(Damian, Melanie) Motions referred to Magistrate Judge David A. Baker.
March 12, 2008 Filing 33 NOTICE of Appearance by Scott M. Dimond on behalf of Jerry Gustin, Elda Garcia (Dimond, Scott)
March 12, 2008 Filing 32 Joint MOTION to "Meet" Telephonically to Complete Case Management Report by Jerry Gustin, Elda Garcia. (Pruss, Lorenz)
March 7, 2008 Opinion or Order Filing 31 ORDER directing the Clerk to delete Emile LeBoulluec as a plaintiff to this action, VACATING the Interested Persons Order 16 and re #19 Notice (Other) filed by Elda Garcia Signed by Judge Gregory A. Presnell on 3/7/2008. Court reminds parties the case was reassigned to Judge Presnell and the correct case number should be listed on all future pleadings. (Copies mailed/emailed)(AKJ)
March 6, 2008 Opinion or Order Filing 30 ENDORSED ORDER granting #27 motion to appear pro hac vice; granting #28 motion to appear pro hac vice; granting #29 motion to appear pro hac vice. Provided, all counsel shall register for and use the electronic filing system as adopted by the Court. After this Order, the Clerk will no longer send copies of docket entries by U.S. Mail to counsel in this case. Signed by Magistrate Judge David A. Baker on 3/6/2008. (Baker, David)
March 6, 2008 Filing 29 MOTION for Jeffrey L. Wilson to appear pro hac vice by Paul A. Hoffman. (RDO) Motions referred to Magistrate Judge David A. Baker.
March 6, 2008 Filing 28 MOTION for William J. Kelly to appear pro hac vice by Paul A. Hoffman. (RDO) Motions referred to Magistrate Judge David A. Baker.
March 6, 2008 Filing 27 MOTION for Edward J. Boyle to appear pro hac vice by Paul A. Hoffman. (RDO) Motions referred to Magistrate Judge David A. Baker.
March 4, 2008 Filing 26 NOTICE of Appearance by Anthony P. Strasius on behalf of Paul A. Hoffman (Strasius, Anthony)
March 4, 2008 Filing 25 MOTION to Dismiss for Lack of Jurisdiction (With Memorandum of Law ) by Paul A. Hoffman. (Attachments: #1 Declaration of Paul A. Hoffman)(Strasius, Anthony) Text modified on 3/5/2008 (RDO).
March 4, 2008 Filing 24 NOTICE by Paul A. Hoffman re #22 MOTION to Dismiss for Lack of Jurisdiction (OF FILING THE CERTIFICATE OF SERVICE) (Strasius, Anthony)
March 4, 2008 Opinion or Order Filing 23 INTERESTED PERSONS ORDER for Defendant Paul A. Hoffman. Certificate of interested persons and corporate disclosure statement due by 3/17/2008 Signed by Judge Gregory A. Presnell on 3/4/2008. (Copy mailed/counsel emailed)(AKJ)
March 3, 2008 Filing 22 MOTION to Dismiss for Lack of Jurisdiction by Paul A. Hoffman. (Attachments: #1 Affidavit Declaration of Paul A. Hoffman in Support of Motion to Dismiss for lack of Personal Jurisdiction)(Biard, Benjamin)
February 26, 2008 Filing 21 CERTIFICATE of interested persons and corporate disclosure statement re #12 Interested persons order, by Katherine Kerr. (Shaffer, Robert)
February 25, 2008 Filing 20 MOTION to Dismiss for Lack of Jurisdiction (In Personam) by Katherine Kerr. (Attachments: #1 Exhibit A-Declaration of Katherine A. Kerr)(Shaffer, Robert)
February 20, 2008 Filing 19 NOTICE by Elda Garcia of Correction of Scrivener's Error (Damian, Melanie)
February 20, 2008 Filing 18 NOTICE of Appearance by Lorenz Michel Pruss on behalf of Jerry Gustin, Emile LeBoulluec, Elda Garcia (Pruss, Lorenz)
February 20, 2008 Filing 17 CERTIFICATE of interested persons and corporate disclosure statement re #12 Interested persons order by Edward S. Digges, Jr. (RDO)
February 14, 2008 Opinion or Order Filing 16 INTERESTED PERSONS ORDER for PLAINTIFF EMILE LEBOULLUEC. Certificate of interested persons and corporate disclosure statement due by 2/25/2008 Signed by Judge Gregory A. Presnell on 2/14/2008. (Copies mailed/emailed)(AKJ) VACATED PER DOC. NO. #31 Modified on 3/7/2008 (AKJ).
February 12, 2008 Opinion or Order Filing 15 ENDORSED ORDER granting #8 motion to appear pro hac vice, provided, all counsel shall register for and use the electronic filing system as adopted by the Court. After this Order, the Clerk will no longer send copies of docket entries by U.S. Mail to counsel in this case. Granting #9 Motion for Extension of Time to File Response/Reply. Signed by Magistrate Judge David A. Baker on 2/12/2008. (Baker, David)
February 12, 2008 Case Reassigned to Magistrate Judge David A. Baker. New case number: 6:08-cv-57-ORL-31DAB. Magistrate Judge Gregory J. Kelly no longer assigned to the case. (RDO)
February 11, 2008 Opinion or Order Filing 14 ORDER of Transfer. Signed by Magistrate Judge Gregory J. Kelly on 2/11/2008. (DEH)
February 8, 2008 Case Reassigned to Magistrate Judge Gregory J. Kelly. New case number: 6:08-cv-57-ORL-31GJK. (RDO) Motions referred to Gregory J. Kelly.
February 7, 2008 Opinion or Order Filing 13 ORDER OF RECUSAL. Magistrate Judge Karla R. Spaulding recused. Signed by Magistrate Judge Karla R. Spaulding on 2/7/2008. (BJP)
February 7, 2008 Opinion or Order Filing 12 INTERESTED PERSONS ORDER for Defendants Edward S. Digges, Jr. and Katherine Kerr. Certificate of interested persons and corporate disclosure statement due by 2/19/2008 Signed by Judge Gregory A. Presnell on 2/7/2008. (counsel emailed/copy mailed)(AKJ)
February 6, 2008 Filing 11 ANSWER and affirmative defenses to #1 Complaint by Edward S. Digges, Jr.(RDO)
February 6, 2008 Filing 10 NOTICE of pendency of related cases re #3 Related case order and notice of designation of track 2 per Local Rule 1.04(d) by Edward S. Digges, Jr. Related case(s): yes (RDO)
February 6, 2008 Filing 9 MOTION for Extension of Time to File Response/Reply to Complaint AND Certificate of Interested Persons by Katherine Kerr. (Swank, Richard) Motions referred to Magistrate Judge Karla R. Spaulding. (Text modified on 2/7/2008) (RDO).
February 6, 2008 Filing 8 MOTION for Robert T. Shaffer, III to appear pro hac vice by Katherine Kerr. (Swank, Richard) Motions referred to Magistrate Judge Karla R. Spaulding.
February 4, 2008 Filing 7 CERTIFICATE of interested persons and corporate disclosure statement re #4 Interested persons order by Jerry Gustin, Elda Garcia. (Damian, Melanie)
January 31, 2008 Case Reassigned to Magistrate Judge Karla R. Spaulding. New case number: 6:08-cv-57-ORL-31KRS. Magistrate Judge David A. Baker no longer assigned to the case. (RDO)
January 30, 2008 Opinion or Order Filing 6 ORDER transferring case to Magistrate Judge Karla R. Spaulding. Signed by Magistrate Judge David A. Baker on 1/30/2008. (EC1)
January 30, 2008 Case Reassigned to Judge Gregory A. Presnell. New case number: 6:08-cv-57-ORL-31DAB. Judge Anne C. Conway no longer assigned to the case. (RDO)
January 29, 2008 Opinion or Order Filing 5 ORDER reassigning this case to the Honorable Gregory A. Presnell for all further proceedings pursuant to Local Rule 1.04(b). Signed by Judge Anne C. Conway on 1/29/2008. (CH)
January 22, 2008 Opinion or Order Filing 4 INTERESTED PERSONS ORDER. Certificate of interested persons and corporate disclosure statement due by 2/6/2008. Signed by Judge Anne C. Conway on 1/22/2008. (CH) (CH).
January 22, 2008 Opinion or Order Filing 3 RELATED CASE ORDER; NOTICE of designation under Local Rule 3.05 - track 2; and ORDER Requiring Electronic Filing. (Notice of pendency of other actions due by 02/06/08.) Signed by Judge Anne C. Conway on 1/22/08. (CH) (CH).
January 18, 2008 Filing 2 NOTICE of pendency of related cases re order of compliance to Local Rule by Jerry Gustin, Elda Garcia. Related case(s): Yes (Damian, Melanie)
January 15, 2008 Summons issued as to Paul A. Hoffman, Edward S. Digges, Jr. and Katherine Kerr. (RDO)
January 14, 2008 Filing 1 CLASS ACTION COMPLAINT filed pursuant to the Securities Exchange Act of 1934(Filing fee $350 - receipt number 26610) (RDO)

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Search for this case: Gustin et al v. Hoffman et al
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Plaintiff: Jerry Gustin
Represented By: Guy Feke Giberson
Represented By: Kenneth Dante Murena
Represented By: Lorenz Michel Pruss
Represented By: Melanie E. Damian
Represented By: Peter F. Valori
Represented By: Scott M. Dimond
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Plaintiff: Wesley Welling
Represented By: Guy Feke Giberson
Represented By: Lorenz Michel Pruss
Represented By: Melanie E. Damian
Represented By: Peter F. Valori
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Plaintiff: Elda Garcia
Represented By: Guy Feke Giberson
Represented By: Kenneth Dante Murena
Represented By: Lorenz Michel Pruss
Represented By: Melanie E. Damian
Represented By: Peter F. Valori
Represented By: Scott M. Dimond
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Defendant: Paul A. Hoffman
Represented By: Anthony P. Strasius
Represented By: Benjamin Joseph Biard
Represented By: Edward J. Boyle
Represented By: Jeffrey L. Wilson
Represented By: William J. Kelly
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Defendant: Edward S. Digges, Jr.
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Defendant: Katherine Kerr
Represented By: Richard C. Swank
Represented By: Robert T. Shaffer, III
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Interested party: Receiver James D. Silver
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Interested party: K. Brigid Peterson
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