Securities and Exchange Commission v. Lyndon et al
Plaintiff: Securities and Exchange Commission
Defendant: Troy Lyndon and Ronald Zaucha
Case Number: 1:2013cv00486
Filed: September 24, 2013
Court: US District Court for the District of Hawaii
Office: Hawaii Office
County: Honolulu
Presiding Judge: KEVIN SC CHANG
Referring Judge: SUSAN OKI MOLLWAY
Nature of Suit: Securities/Commodities
Cause of Action: 15 U.S.C. § 78
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 1, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 1, 2018 Opinion or Order Filing 209 ORDER From Supreme Court Of The United States Office Of The Clerk: "The Court today entered the following order in the above-entitled case: The petition for a writ of certiorari is denied." (cib, )COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
April 11, 2018 Filing 208 MANDATE of USCA as to #152 Notice of Appeal filed by Troy Lyndon. "The judgment of this Court, entered March 14, 2018, takes effect this date.This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure."(cib, )COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
April 3, 2018 Opinion or Order Filing 207 ORDER of USCA as to #152 Notice of Appeal filed by Troy Lyndon." Appellant's petition for panel rehearing is hereby DENIED. Appellant's modified motion to supplement the record is hereby DENIED. So ORDERED." (cib, )COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
March 14, 2018 Opinion or Order Filing 206 ORDER of USCA as to #152 Notice of Appeal, filed by Troy Lyndon. "Appellant's motion to supplement the record (1) to include the full testimony with all documents and evidence provided to SEC from auditors Jay Norris and Frank Sharp of Malone Bailey LLP, including company financials, audit file and associated audit documentation, as outlined above, and (2) order the SEC to provide the record of that testimony and documents described above to the Court and to the Appellant within a reasonable time is hereby DENIED.Appellant's motion to strike the SECs response is here DENIED."(cib, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
March 14, 2018 Filing 205 Memorandum of USCA as to #152 Notice of Appeal,filed by Troy Lyndon. (cib, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
October 30, 2017 Filing 204 EO: On 10/30/17, Defendant Troy Lyndon filed a Motion for Extension/Enlargement of Time to Answer #203 , requesting that he be granted an additional 30 days to respond to Plaintiff's pleading. Judgment having entered against him on 8/21/14, and judgment having entered against Defendant Ronald Zaucha on 1/22/15, the case is closed and there is no pleading that requires a response. Accordingly the Motion is DENIED. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(chang1)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
October 30, 2017 Filing 203 MOTION for Extension of Time to Answer. Filed by Defendant Troy Lyndon. (cib, )
February 18, 2015 Filing 202 EO: The court has received a new motion from Troy Lyndon. It is not clear to the court whether this new motion is intended to be a motion for reconsideration of this court's January 13 order or a brand new motion. If the former, the motion is denied because it fails to show a basis for reconsideration. If the latter, the motion is denied because the court lacks jurisdiction to consider it (and is not inclined to grant it if jurisdiction is returned to it).denying #200 Motion. (JUDGE SUSAN OKI MOLLWAY)(tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
February 12, 2015 Filing 201 CERTIFICATE OF SERVICE re #200 MOTION for District Court to Hear Lyndon's Rule 60(b)(2) "Conforming" Motion to Introduce New Evidence and Stay Judgments - by Troy Lyndon (emt, )
February 12, 2015 Filing 200 MOTION for District Court to Hear Lyndon's Rule 60(b)(2) "Conforming" Motion to Introduce New Evidence and Stay Judgments - by Defendant Troy Lyndon (Attachments: #1 Exhibit A (Part 1 of 15), #2 Exhibit A (Part 2 of 15), #3 Exhibit A (Part 3 of 15), #4 Exhibit A (Part 4 of 15), #5 Exhibit A (Part 5 of 15), #6 Exhibit A (Part 6 of 15), #7 Exhibit A (Part 7 of 15), #8 Exhibit A (Part 8 of 15), #9 Exhibit A (Part 9 of 15), #10 Exhibit A (Part 10 of 15), #11 Exhibit A (Part 11 of 15), #12 Exhibit A (Part 12 of 15), #13 Exhibit A (Part 13 of 15), #14 Exhibit A (Part 14 of 15), #15 Exhibit A (Part 15 of 15), #16 Exhibit B)(emt, )
January 22, 2015 Filing 199 FINAL JUDGMENT AGAINST DEFENDANT RONALD ZAUCHA - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 1/22/2015. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Ronald Zaucha and Troy Lyndon served by first class mail at the addresses of record on January 23, 2015. Modified on 1/23/2015 (emt, ).
January 14, 2015 Filing 198 EO: Settlement Conference set 1/27/15 before Judge Chang is hereby vacated. (JUDGE KEVIN S.C. CHANG)(sna, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
January 13, 2015 Opinion or Order Filing 197 ORDER DECLINING TO INDICATE A WILLINGNESS TO ENTERTAIN TROY LYNDON'S MOTION FOR RELIEF FROM FINAL JUDGMENT BASED ON NEW EVIDENCE re #187 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 1/13/2015. " The court declines to express a willingness to entertain Lyndon's Rule 60(b)(2) motion based on "newly discovered evidence." The record does not suggest that such a motion would do anything other than cause delay." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Troy Lyndon and Ronald Zaucha served by first class mail at the addresses of record on January 13, 2015. The Ninth Circuit Court of Appeals served electronically.
January 7, 2015 Filing 196 EO: On October 21, 2014, Plaintiff Securities and Exchange Commission filed a motion for summary judgment with respect to Defendant Ronald Zaucha. Zaucha did not timely file an opposition to the motion. On December 15, 2014, the court held a hearing on the motion. At that hearing, the court continued the motion for summary judgment to allow Zaucha to file an opposition, giving him until December 29, 2014, to postmark the opposition and telling him that, if he failed to timely oppose the motion, it would be highly likely that the motion would be granted. Zaucha has not timely filed any opposition. Accordingly, for the reasons set forth in the motion, the motion is granted as unopposed. No later than January 20, 2015, Plaintiff Securities and Exchange Commission shall prepare and submit to the court, with a copy to Zaucha, a form of judgment consistent with its motion.. (JUDGE SUSAN OKI MOLLWAY)(tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
December 23, 2014 Filing 195 REPLY to Judge Mollway's Request for Information Re: Audit File re 194 - filed by Troy Lyndon. (emt, )
December 22, 2014 Filing 194 EO: On page 7 of the SEC's filing of December 17, 2014, in opposition to Defendant Troy Lyndon's request that this court indicate that it would grant post-judgment relief if jurisdiction were returned to this court, the SEC says that, by at least April 1, 2014, Mr. Lyndon had had the electronic audit file and the computer from the corporation's auditor sent to a law firm in Houston that was acting at Mr. Lyndon's direction. Mr. Lyndon's reply filed on December 18, 2014, does not deny this assertion by the SEC. No later than January 5, 2015, Mr. Lyndon shall file a statement of no more than 100 words expressly addressing the SEC's assertion on this point. re #192 Memorandum in Opposition to Motion,. (JUDGE SUSAN OKI MOLLWAY)(tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
December 18, 2014 Filing 193 REPLY to Opposition by Plaintiff SEC to #187 Troy Lyndon's MOTION for District Court to Hear Lyndon's Rule 60(b)(2) Motion to Introduce New Evidence, Stay and Vacate Judgments; (Certificate of Service) - filed by Troy Lyndon. (emt, )
December 17, 2014 Filing 192 MEMORANDUM in Opposition re #187 MOTION for District Court to Respond Per Appellate Court Order to Hear Lyndon's Rule 60(b)(2) Motion to Introduce New Evidence, Stay and Vacate Judgments filed by Securities and Exchange Commission. (Attachments: #1 Declaration by Karen Matteson, #2 Declaration by Andrew Kovacs)(Matteson, Karen)
December 16, 2014 Opinion or Order Filing 191 RULE 16 SCHEDULING ORDER - Signed by JUDGE KEVIN S.C. CHANG on 12/16/2014. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Ronald Zaucha and Troy Lyndon served by first class mail at the addresses of record on December 16, 2014.
December 15, 2014 Filing 190 EO: New dates given:1.Non-jury trial on May 12, 2015 at 9:00 a.m. before SOM2.Final Pretrial Conference on March 31, 2015 at 9:00 a.m. before KSC3.Final Pretrial Conference before District Judge N/A4.Final Pretrial Statement by March 24, 20155.File motions to Join/Add Parties/Amend Pleadings by N/A6.File other Non-Dispositive Motions by N/A7.File Dispositive Motions by N/A8a.File Motions in Limine by April 21, 20158b.File opposition memo to a Motion in Limine by April 28, 201511a.Plaintiffs Expert Witness Disclosures by N/A11b.Defendants Expert Witness Disclosures by N/A12.Discovery deadline N/A13.Settlement Conference set for 1/27/15 at 10:00 a.m. before KSC14.Settlement Conference statements by 1/20/1520.Submit Voir Dire Questions, Special Verdict Form, Concise Statement of Case and Jury Instructions by N/A21.File Final witness list by April 21, 201524.Exchange Exhibit and Demonstrative aids by April 14, 201525.Stipulations re: Authenticity/Admissibility of Proposed Exhibits by April 21, 201526.File objections to the Exhibits by April 28, 201528a.File Deposition Excerpt Designations by April 21, 201528b.File Deposition Counter Designations and Objections by April 28, 201529.File Trial Brief by April 28, 201530.File Findings of Fact & Conclusions of Law by April 28, 2015Other Matters:. Bench Trial set for 5/12/2015 09:00 AM before JUDGE SUSAN OKI MOLLWAY. Final Pretrial Conference set for 3/31/2015 09:00 AM before JUDGE KEVIN S.C. CHANG. Settlement Conference set for 1/27/2015 10:00 AM before JUDGE KEVIN S.C. CHANG. (JUDGE SUSAN OKI MOLLWAY)(tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
December 15, 2014 Filing 189 EP: Motion by Plaintiff Securities and Exchange Commission for Summary Judgment Against Ronald Zaucha or in the Alternative, Entry of Default Judgment Pursuant to Fed.R.Civ.P. 37(d) #166 and Motion to Withdraw as Counsel #180 -Defendant Ronald Zaucha present by phone.Mr. Zaucha did not file an opposition to the motion for summary judgment, but did file a motion to withdraw as counsel.Discussion held re: how to proceed.Mr. Zaucha would like his attorneys to withdraw, and he will try to represent himself.Motion to Withdraw as Counsel #180 - Granted.No written order will be prepared.Mr. Zaucha to file his opposition, and it must be postmarked no later than 12/29/14.Court informed Mr. Zaucha that his statement must be under penalty of perjury.If Mr. Zaucha does not meet the 12/29/14 deadline, it is highly likely that the motion for summary judgment will be granted.Mr. Zaucha provided his contact information off the record.Plaintiff to file a reply by 1/12/15.Motion by Plaintiff Securities and Exchange Commission for Summary Judgment Against Ronald Zaucha or in the Alternative, Entry of Default Judgment Pursuant to Fed.R.Civ.P. 37(d) #166 continued to 2/10/15 @ 11:15 a.m.Non Jury Trial set for 2/11/15 @ 9:00 a.m. is continued to 5/12/15 @ 9:00 a.m.New pretrial deadlines to be given. #166 MOTION for Summary Judgment against Ronald Zaucha or, in the Alternative, Entry of Default Judgment Pursuant to Fed. R. Civ. P. 37(d), #180 MOTION to Withdraw as Attorney , Motion Hearing held on 12/15/2014 re #166 MOTION for Summary Judgment against Ronald Zaucha or, in the Alternative, Entry of Default Judgment Pursuant to Fed. R. Civ. P. 37(d) filed by Securities and Exchange Commission, #180 MOTION to Withdraw as Attorney filed by Ronald Zaucha. Motion Hearing set for 2/10/2015 11:15 AM before JUDGE SUSAN OKI MOLLWAY. Bench Trial set for 5/12/2015 09:00 AM before JUDGE SUSAN OKI MOLLWAY. (Court Reporter Debra Chun.) (JUDGE SUSAN OKI MOLLWAY)(tbf, )No COS issued for this docket entry
December 11, 2014 Filing 188 EO: The court deems Mr. Lyndon's Motion For District Court To Respond Per Appellate Court Order to be a motion asking the court to indicate its inclination to entertain Mr. Lyndon's post-judgment motion if jurisdiction is returned to this court. The SEC is invited to respond to that motion, and Mr. Lyndon may thereafter file a reply memorandum, in accordance with this court's nonhearing motion schedule, as set forth in Local Rule 7.4. re #187 MOTION for District Court to Respond Per Appellate Court Order to Hear Lyndon's Rule 60(b)(2) Motion to Introduce New Evidence, Stay and Vacate Judgments. (JUDGE SUSAN OKI MOLLWAY)(tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
December 10, 2014 Filing 187 MOTION for District Court to Respond Per Appellate Court Order to Hear Lyndon's Rule 60(b)(2) Motion to Introduce New Evidence, Stay and Vacate Judgments - by Defendant Troy Lyndon (Attachments: #1 Exhibit "A" (Appellate Court Order of December 10, 2014), #2 (Proposed) Rule 60(b)(2) Motion to Introduce New Evidence, Stay and Vacate Judgments, #3 Certificate of Service)(emt, )
December 10, 2014 Opinion or Order Filing 186 ORDER of USCA as to #152 Notice of Appeal filed by Troy Lyndon, 9CCA NO. 14-16733. "Appellant's "Rule 60(b)(2) motion to introduce new evidence, stay and vacate judgment" is construed as a motion for a limited remand. So construed, the motion for a limited remand is denied without prejudice to filing a renewed motion accompanied by an indication that the district court is willing to entertain the proposed Federal Rule of Civil Procedure 60(a) or 60(b) motion." (emt, )No COS issued for this docket entry
December 10, 2014 Filing 185 NOTICE by Securities and Exchange Commission re #166 MOTION for Summary Judgment against Ronald Zaucha or, in the Alternative, Entry of Default Judgment Pursuant to Fed. R. Civ. P. 37(d), #180 MOTION to Withdraw as Attorney ; Notice of: (1) Zaucha's Failure to file Opposition to SEC's Summary Judgment Motion and (2) Nonopposition by SEC to Withdrawal by Zaucha's Counsel Securities and Exchange Commission. (Matteson, Karen)
December 8, 2014 Filing 184 EO: On December 4, 2014, Lars Peterson and Donny E. Brand, attorneys for Defendant Ronald Zaucha, filed a motion to withdraw as counsel for Zaucha in this case. Although that motion was originally set for hearing before Magistrate Judge Kevin S.C. Chang, that motion is rescheduled to December 15, 2014, at 9:45, before the Honorable Susan Oki Mollway, the same time as the motion for summary judgment is scheduled to be heard. Defendant Ronald Zaucha is required to appear in person at the hearing. The briefing schedule for the motion to withdraw as counsel remains unchanged. No inclination will be issued for either motion. #180 MOTION to Withdraw as Attorney . Motion Hearing set for 12/15/2014 09:45 AM before JUDGE SUSAN OKI MOLLWAY. (JUDGE SUSAN OKI MOLLWAY)(tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
December 5, 2014 Filing 183 EO: re #182 On 12/4/14, Defendant Troy Lyndon filed a Request With Clarification for Reconsideration of Motion for Court to Provide Missing Evidence. The Court denied Defendant Lyndon's Motion for the Court to Provide Evidence on 12/2/14. Defendant Lyndon disagrees with this Court and asks that it order and review any available audio (including security footage) and provide such information to him, transcribed. Defendant Lyndon also requests that the Court agree with his recollection that it expressed concerns about the consent judgment and that it was a "problem". The Court DENIES the requests. As the Court already stated, there is no additional audio in existence. Moreover, the Court does not agree with the statements that Defendant Lyndon seeks to attribute to it. It appears that Defendant Lyndon wishes to obtain a record of the Rule 16 Scheduling Conference that occurred after the hearing on 4/7/14. Scheduling Conferences are not recorded. Therefore, as the Court already ruled on 12/2/14, there is no record to be produced. The Court will not entertain any further requests for records. Defendant Lyndon may obtain transcripts through proper channels, but he is not entitled to obtain audio or other records that do not exist. (JUDGE KEVIN S.C. CHANG)(sna, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
December 4, 2014 Filing 182 REQUEST With Clarification for Reconsideration of Motion for Court to Provide Missing Evidence - by Defendant Troy Lyndon (emt, )
December 4, 2014 Filing 181 NOTICE of Hearing on Motion #180 : Motion to Withdraw as Counsel set for 12/18/2014 09:30 AM before JUDGE KEVIN S.C. CHANG. Opposition due by noon on 12/10/14. Reply due by 4:00 p.m. on 12/12/14. (sna, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
December 4, 2014 Filing 180 MOTION to Withdraw as Attorney Lars Peterson appearing for Defendant Ronald Zaucha (Attachments: #1 Declaration of Donny E. Brand and Lars Peterson in Support of Motion to Withdraw as Counsel, #2 Certificate of Service)(Peterson, Lars)
December 2, 2014 Filing 179 EO: re #177 On 12/1/14, Defendant Troy Lyndon filed a Motion for the Court to Provide Evidence, claiming that this Court's comments made in court are missing from the 1/24/14, 4/7/14, and 5/5/14 transcripts. Defendant Lyndon requests that the Court 1) disclose the internal procedure of recordings and approval of such recordings or transcriptions by the Court; and 2) provide complete audio evidence record of the hearings, that such audio be provided to the court transcriber, and that the proper authorities be ordered to acquire audio from security tapes or other recordings from the moment he was called forward. The Court has reviewed the audio from the hearings at issue and they are consistent with the transcripts. It is unclear what purportedly occurred or was said that Defendant Lyndon believes is not included in the transcripts. Defendant Lyndon requests comments made at the beginning of the hearings from the moment he was called forward. However, he was not even present (personally or by phone) at the 1/24/14 hearing. Any commentary made prior to the start of the hearing is not part of the record. The audio record begins when the case is called by the courtroom manager. Therefore, there is no additional record to produce to Defendant Lyndon. For these reasons, the Motion is DENIED. (JUDGE KEVIN S.C. CHANG)(sna, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
December 1, 2014 Filing 178 EO: Final Pretrial Conference set 12/31/14 shall be moved to 12/29/2014 09:00 AM before JUDGE KEVIN S.C. CHANG. Final Pretrial Conference statements due: 12/22/14. (JUDGE KEVIN S.C. CHANG)(sna, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
December 1, 2014 Filing 177 MOTION for Court to Provide Missing Evidence - by Defendant Troy Lyndon (emt, )
November 25, 2014 Filing 176 CERTIFICATE OF SERVICE Re: Exhibit "BA" for #174 Motion to Stay & Vacate - by Troy Lyndon. (emt, )
November 25, 2014 Filing 175 EO: On November 25, 2014, Defendant Troy Lyndon filed a Motion To Stay and Vacate Based Upon New Evidence in this court. The Clerk of Court is directed to terminate the motion without prejudice. This court is without jurisdiction over the portion of this case concerning the SEC's claims against Mr. Lyndon. At this time, it is the Ninth Circuit that has jurisdiction over that portion of this case, as Mr. Lyndon's appeal from this court's judgment is pending in the Ninth Circuit. terminating #174 Motion to Stay; terminating #174 Motion to Vacate. (JUDGE SUSAN OKI MOLLWAY)(tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
November 25, 2014 Filing 174 MOTION to Stay and Vacate Based Upon New Evidence - by Defendant Troy Lyndon (Attachments: #1 Exhibit "BA", #2 Exhibit "BB", #3 Exhibit "BC")(emt, )
October 28, 2014 Filing 173 Certificate of Record re #152 Notice of Appeal,, USCA Number: 14-16733. (lmg, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
October 24, 2014 Filing 172 TRANSCRIPT of Proceedings held on May 5, 2014 (DEFENDANT'S MOTION TO COMPEL PLAINTIFF SECURITIES AND EXCHANGE COMMISSION TO PROVIDE PRODUCTION) before Judge Chang. Court Reporter/Transcriber Jessica Cahill, Telephone number (808)244-0776 (maukele@hawaii.rr.com). Transcript may be viewed at the court public terminal or ordered through the Court Reporter/Transcriber before the deadline for Release of Transcript. Remote availability of electronic transcripts is regulated by FRCP 5.2(a),FRCrP 49.1(a) and FRBP 9037(a) Redaction Request due 11/12/2014. Redacted Transcript Deadline set for 11/21/2014. Release of Transcript Restriction set for 1/19/2015. (Cahill, Jessica) Modified on 10/27/2014 (emt, ).
October 24, 2014 Filing 171 TRANSCRIPT of Proceedings held on April 7, 2014 (PLAINTIFF'S MOTION FOR ENTRY OF DEFAULT JUDGMENT AGAINST DEFENDANT RONALD ZAUCHA; DEFENDANT ZAUCHA'S MOTION TO SET ASIDE ENTRY OF DEFAULT; RULE 16 SCHEDULING CONFERENCE) - before Judge Chang. Court Reporter/Transcriber Jessica Cahill, Telephone number (808)244-0776 (maukele@hawaii.rr.com). Transcript may be viewed at the court public terminal or ordered through the Court Reporter/Transcriber before the deadline for Release of Transcript. Remote availability of electronic transcripts is regulated by FRCP 5.2(a),FRCrP 49.1(a) and FRBP 9037(a) Redaction Request due 11/12/2014. Redacted Transcript Deadline set for 11/21/2014. Release of Transcript Restriction set for 1/19/2015. (Cahill, Jessica) Modified on 10/27/2014 (emt, ).
October 24, 2014 Filing 170 TRANSCRIPT of Proceedings - before Judge Chang held 1/24/2014 (PLAINTIFF'S MOTION FOR ENTRY OF DEFAULT JUDGMENT AGAINST DEFENDANT RONALD ZAUCHA). Court Reporter/Transcriber Jessica Cahill, Telephone number (808)244-0776 (maukele@hawaii.rr.com). Transcript may be viewed at the court public terminal or ordered through the Court Reporter/Transcriber before the deadline for Release of Transcript. Remote availability of electronic transcripts is regulated by FRCP 5.2(a),FRCrP 49.1(a) and FRBP 9037(a) Redaction Request due 11/12/2014. Redacted Transcript Deadline set for 11/21/2014. Release of Transcript Restriction set for 1/19/2015. (Cahill, Jessica) Modified on 10/27/2014 (emt, ).
October 24, 2014 Filing 169 EP: Settlement Conference held on 10/24/2014. No appearance made by defense counsel. Settlement Conference not held. (C8 - no record, 10:00-10:15am.) (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry
October 22, 2014 Filing 168 CONCISE STATEMENT in Support re #166 MOTION for Summary Judgment against Ronald Zaucha or, in the Alternative, Entry of Default Judgment Pursuant to Fed. R. Civ. P. 37(d) filed by Securities and Exchange Commission. (Matteson, Karen)
October 22, 2014 Filing 167 NOTICE of Hearing on Motion #166 MOTION for Summary Judgment against Ronald Zaucha or, in the Alternative, Entry of Default Judgment Pursuant to Fed. R. Civ. P. 37(d) :. Motion Hearing set for 12/15/2014 09:45 AM before JUDGE SUSAN OKI MOLLWAY. (tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
October 22, 2014 CORRECTIVE ENTRY. The entry docket number #166 MOTION for Summary Judgment against Ronald Zaucha or, in the Alternative, Entry of Default Judgment Pursuant to Fed. R. Civ. P. 37(d) filed by Securities and Exchange Commission was filed incorrectly in this case. Please be advised that the caption does not describe the numerous supporting documents included with the motion. The filing party may refer to LR10.2(c) Caption, Case Numbers and Title, which states "Following the identification of the person filing the document there shall be appear: (1) the title of the court; (2) the title of the action or proceeding; (3) the file number of the action or proceeding, whether it is civil or criminal, followed by the initials of the judge(s) to whom it currently assigned; (4) a title describing the paper ; and (5) any other matter required by these rules." The filing party is further advised that the Concise Statement, which was included as an attachment to the motion, is typically submitted as a separate docket entry. The filing party may refer to LR56.1 Motions for Summary Judgment, (a) Motion Requirements, which state "A motion for summary judgment shall be accompanied by a supporting memorandum and a separate concise statement detailing each material fact..." The filing party may resubmit corrected filings. The docketing event for "Concise Statement" is located in the "Responses and Replies" category. (emt, )
October 21, 2014 Filing 166 MOTION for Summary Judgment against Ronald Zaucha or, in the Alternative, Entry of Default Judgment Pursuant to Fed. R. Civ. P. 37(d) Karen Matteson appearing for Plaintiff Securities and Exchange Commission (Attachments: #1 Memorandum of Points and Authorities, #2 Concise Statement of Material Facts , #3 Declaration of Carol Shau, #4 Exhibit 1 to Shau Declaration, #5 Exhibit 2 to Shau Declaration, #6 Exhibit 3 to Shau Declaration, #7 Exhibit 4 to Shau Declaration, #8 Exhibit 5 to Shau Declaration, #9 Exhibit 6 to Shau Declaration, #10 Exhibit 7 to Shau Declaration, #11 Exhibit 8 to Shau Declaration, #12 Exhibit 9 to Shau Declaration, #13 Exhibit 10 to Shau Declaration, #14 Exhibit 11 to Shau Declaration, #15 Exhibit 12 to Shau Declaration, #16 Exhibit 13 to Shau Declaration, #17 Exhibit 14 to Shau Declaration, #18 Exhibit 15 to Shau Declaration, #19 Exhibit 16 to Shau Declaration, #20 Exhibit 17 to Shau Declaration, #21 Exhibit 18 to Shau Declaration, #22 Exhibit 19 to Shau Declaration, #23 Exhibit 20 to Shau Declaration, #24 Exhibit 21 to Shau Declaration, #25 Exhibit 22 to Shau Declaration, #26 Exhibit 23 to Shau Declaration, #27 Exhibit 24 to Shau Declaration, #28 Exhibit 25 to Shau Declaration, #29 Exhibit 26 to Shau Declaration, #30 Exhibit 27 to Shau Declaration, #31 Exhibit 28 to Shau Declaration, #32 Exhibit 29 to Shau Declaration, #33 Exhibit 30 to Shau Declaration, #34 Exhibit 31 to Shau Declaration, #35 Exhibit 32 to Shau Declaration, #36 Exhibit 33 to Shau Declaration, #37 Exhibit 34 to Shau Declaration, #38 Memorandum 35 to Shau Declaration, #39 Exhibit 36 to Shau Declaration, #40 Exhibit 37 to Shau Declaration, #41 Exhibit 38 to Shau Declaration, #42 Exhibit 39 to Shau Declaration, #43 Exhibit 40 to Shau Declaration, #44 Exhibit 41 to Shau Declaration)(Matteson, Karen) Modified on 10/22/2014 (emt, ).
September 30, 2014 Filing 165 TRANSCRIPT of Proceedings Motion to Dismiss Complaint held on 6/2/14 before Judge Susan Oki Mollway. Court Reporter Debra Chun, Telephone number (808) 541-2061. Transcript may be viewed at the court public terminal or ordered through the Court Reporter before the deadline for Release of Transcript. Remote availability of electronic transcripts is regulated by FRCP 5.2(a), FRCrP 49.1(a) and FRBP 9037(a). Redaction Request due 10/20/2014. Redacted Transcript Deadline set for 10/28/2014. Release of Transcript Restriction set for 12/26/2014. (dc@hid.uscourts.gov) pp. 12.
September 26, 2014 Opinion or Order Filing 164 RULE 16 SCHEDULING ORDER - Signed by JUDGE KEVIN S.C. CHANG on 9/26/2014. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. Troy Lyndon and Donny E. Brand, Esq. served by first class mail at the address of record on September 29, 2014.
September 26, 2014 Filing 163 NOTICE of Change of Address by Lucee Kirka on behalf of Securities and Exchange Commission. (Kirka, Lucee)
September 26, 2014 Filing 162 NOTICE of Change of Address by Amy J. Longo on behalf of Securities and Exchange Commission. (Longo, Amy)
September 25, 2014 Filing 161 NOTICE of Change of Address by Karen Matteson on behalf of Securities and Exchange Commission. (Matteson, Karen)
September 25, 2014 Filing 160 EO: New dates given:1.Non-jury trial on February 11, 2015 at 9:00 a.m. before SOM2.Final Pretrial Conference on December 31, 2014 at 9:00 a.m. before KSC3.Final Pretrial Conference before District Judge N/A4.Final Pretrial Statement by December 24, 20145.File motions to Join/Add Parties/Amend Pleadings by N/A6.File other Non-Dispositive Motions by N/A7.File Dispositive Motions by 10/21/148a.File Motions in Limine by January 21, 20158b.File opposition memo to a Motion in Limine by January 28, 201511a.Plaintiffs Expert Witness Disclosures by N/A11b.Defendants Expert Witness Disclosures by N/A12.Discovery deadline N/A13.Settlement Conference set for 10/24/14 at 10:00 a.m. before KSC14.Settlement Conference statements by 10/17/1420.Submit Voir Dire Questions, Special Verdict Form, Concise Statement of Case and Jury Instructions by N/A21.File Final witness list by January 21, 201524.Exchange Exhibit and Demonstrative aids by January 14, 201525.Stipulations re: Authenticity/Admissibility of Proposed Exhibits by January 21, 201526.File objections to the Exhibits by January 28, 201528a.File Deposition Excerpt Designations by January 21, 201528b.File Deposition Counter Designations and Objections by January 28, 201529.File Trial Brief by January 28, 201530.File Findings of Fact & Conclusions of Law by January 28, 2015Other Matters: . Motions due by 10/21/2014. Bench Trial set for 2/11/2015 09:00 AM before JUDGE SUSAN OKI MOLLWAY. Final Pretrial Conference set for 12/31/2014 09:00 AM before JUDGE KEVIN S.C. CHANG. Settlement Conference set for 10/24/2014 10:00 AM before JUDGE KEVIN S.C. CHANG. (JUDGE SUSAN OKI MOLLWAY)(tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
September 25, 2014 Filing 159 EO: The court grants the SEC's Ex Parte Application and extends the dispositive motions cutoff for both the SEC and Ronald Zaucha until October 21, 2014. Unexpired deadlines listed in the most recent Scheduling Order are extended approximately 90 days. A new Scheduling Order will issue with precise new deadlines and a new trial date. granting #158 Motion for Extension of Time to File. (JUDGE SUSAN OKI MOLLWAY)(tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
September 24, 2014 Filing 158 Ex Parte MOTION for Extension of Time to File Dispositive Motion Against Defendant Ronald Zaucha Karen Matteson appearing for Plaintiff Securities and Exchange Commission (Attachments: #1 Declaration of Karen Matteson, #2 Exhibit)(Matteson, Karen)
September 24, 2014 Filing 157 TRANSCRIPT Designation and Ordering Form - by Troy Lyndon, 9CCA NO. 14-16733. (emt, )No COS issued for this docket entry
September 11, 2014 Filing 156 Attorney/Pro-SE Appeal Packet re #152 Notice of Appeal. (Attachments: #1 Notice of Appeal, #2 District Court Instructions; Transcript Designation & Ordering form, #3 Docket Sheet) (afc)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
September 11, 2014 Filing 155 USCA TIME SCHEDULE ORDER as to #152 Notice of Appeal filed by Troy Lyndon. (9CCA No. 14-16733) (afc)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
September 11, 2014 Filing 154 USCA Case Number 14-16733 for #152 Notice of Appeal filed by Troy Lyndon. (afc)
September 10, 2014 Filing 153 USCA Appeal Fees received re #152 Notice of Appeal filed by Troy Lyndon, receipt # HI012809, $505. (emt, )
September 10, 2014 Filing 152 OFFICIAL APPEAL RE: JUDGMENT OF DISGORGEMENT, INTEREST & CIVIL PENALTIES DATED 8/11/2014 re #143 , #145 , #147 , #148 - by Troy Lyndon. Filing fee $ 505. (emt, ) 9CCA No. 14-16733 CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. The Ninth Circuit Court of Appeals served. Modified on 9/11/2014 to add reference to the 9CCA case number (afc).
September 2, 2014 Opinion or Order Filing 151 ORDER DENYING: #150 Lyndon's Request That the Court Hear and Grant Lyndon His Motion for a New Trial - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Troy Lyndon served by first class mail at the address of record on September 3, 2014.
September 1, 2014 Filing 150 Lyndon's REQUEST That the Court Hear and Grant Lyndon His MOTION for a New Trial - by Defendant Troy Lyndon . (emt, )
August 28, 2014 Filing 149 EO: The presently scheduled pretrial and trial dates may not be changed without written authorization from the trial judge. Date changes may not be sought informally, either from the trial judge, the magistrate judge, or the courtroom manager, but instead must be sought through a formal motion, which is unlikely to be granted given the age of this case.. (JUDGE SUSAN OKI MOLLWAY)(tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
August 21, 2014 Filing 148 CLERK'S JUDGMENT entered on 8/21/2014 pursuant to #143 , #147 . (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Troy Lyndon served by first class mail at the address of record on August 21, 2014.
August 21, 2014 Opinion or Order Filing 147 ORDER DENYING LYNDON'S SECOND REQUEST FOR JUDGE MOLLWAY TO PROVIDE CLARIFICATION TO ORDER AND REQUEST SHE DENY SEC MOTIONS; ORDER CERTIFYING AS FINAL JUDGMENT SETTING AMOUNTS re #146 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 8/21/2014. "The court, having issued its ruling as to disgorgement, interest, and civil penalty amounts, will enter a new Judgment regarding those amounts. Because (1) the new Judgment is clearly a consequence of the earlier Consent and the earlier Judgment, (2) the earlier Judgment was certified as final under Rule 54(b), and (3) there is no just reason for delay with respect to the new Judgment, this court similarly certifies the new Judgment as final pursuant to Rule 54(b) of the Federal Rules of Civil Procedure." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Troy Lyndon served by first class mail at the address of record on August 21, 2014.
August 21, 2014 Filing 146 Lyndon's Second REQUEST for Judge Mollway to Provide Clarification to Order and Request She Deny SEC Motions re #143 , #145 - by Defendant Troy Lyndon (emt, )
August 20, 2014 Opinion or Order Filing 145 ORDER DENYING MOTION FOR RECONSIDERATION OF ORDER OF AUGUST 11, 2014 re #144 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 8/20/2014. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Troy Lyndon served by first class mail at the address of record on August 20, 2014.
August 12, 2014 Filing 144 Lyndon's REQUEST of the Court to Provide Clarification Re: Judge Mollway's Order (Dkt #143 ) & Request it Deny Further Motions - by Defendant Troy Lyndon (emt, )
August 11, 2014 Opinion or Order Filing 143 ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS MOTION FOR SUMMARY JUDGMENT (ECF NO. 68); ORDER DENYING DEFENDANT TROY LYNDON'S MOTION FOR SANCTIONS (ECF NO. 81), MOTION TO QUASH (ECF NO. 90), MOTION FOR PERMANENT STAY OF CONSENT AND JUDGMENT (ECF NO. 101), AND REQUEST TO EXTEND MOTIONS DEADLINE (ECF NO. 127); ORDER AFFIRMING MAGISTRATE JUDGE ORDER CONCERNING DISCOVERY AND REJECTING APPEALS BY DEFENDANT TROY LYNDON (ECF NOS. 112 AND 118) re #68 ; #81 ; #90 ; #101 ; #112 ; #118 ; #127 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 8/11/2014. "The court grants the SEC's motion for summary judgment in part. To the extent it seeks disgorgement of $3.3 million, the court denies the motion. Instead, the court grants disgorgement of $3,251,169, prejudgment interest of $289,897.18, and a civil penalty of $150,000. All motions by Lyndon are denied and any order he appeals is affirmed." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Troy Lyndon served by first class mail at the address of record on August 11, 2014.
July 31, 2014 Opinion or Order Filing 142 ORDER DENYING DEFENDANT'S EX PARTE REQUEST FOR JUDGE MOLLWAY TO RECUSE HERSELF re #131 - Signed by JUDGE LESLIE E. KOBAYASHI on 7/31/2014. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Troy Lyndon served by first class mail at the address of record on July 31, 2014.
July 22, 2014 Filing 141 EO: Settlement Conference set 7/29/14 before Judge Chang is hereby vacated. (JUDGE KEVIN S.C. CHANG)(sna, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
July 21, 2014 Filing 140 Lyndon's REPLY to SEC's Opposition of Lyndon's Ex-Parte Request by Troy Lyndon for Judge Millway to Recuse Herself - filed by Troy Lyndon. (Attachments: #1 Exhibit A - Transcript of 6/30/2014 Proceedings - Viewing restricted - Exhibit A is a Transcript of Proceedings that has not been released for public viewing. The Clerk's Office will restrict Exhibit A from public view. ) Related document: #139 Memorandum in Opposition to #131 Lyndon's REQUEST for Judge Mollway to Recuse Herself (ecs, ) Modified on 11/4/2014 viewing to Exhibit A (transcript of hearing held 6/30/2014) has been unrestricted. The specific transcript is now available through PACER. (emt, ).
July 14, 2014 Filing 139 MEMORANDUM in Opposition re #131 Lyndon's REQUEST for Judge Mollway to Recuse Herself filed by Securities and Exchange Commission. (Matteson, Karen)
July 11, 2014 Filing 138 TRANSCRIPT of Proceedings Various Motions held on 6/30/14 before Judge Susan Oki Mollway. Court Reporter Debra Chun, Telephone number (808) 541-2061. Transcript may be viewed at the court public terminal or ordered through the Court Reporter before the deadline for Release of Transcript. Remote availability of electronic transcripts is regulated by FRCP 5.2(a), FRCrP 49.1(a) and FRBP 9037(a). Redaction Request due 7/29/2014. Redacted Transcript Deadline set for 8/8/2014. Release of Transcript Restriction set for 10/6/2014. (dc@hid.uscourts.gov) pp. 38.
July 3, 2014 Filing 137 EO: Defendant Troy Lyndon has sent correspondence to mollway_orders@hid.uscourts.gov. Pursuant to Local Rule 100.8.3, this e-mail address shall only be used for submitting proposed orders and stipulations to the court. The e-mail address "shall not be used for submitting correspondence to the court." The court will, on this one occasion, file Lyndon's e-mails that were improperly sent to this e-mail address in the official court file. Lyndon shall refrain from submitting future correspondence to this e-mail address. The court notes that Lyndon's motion to recuse the Honorable Susan Oki Mollway has been referred to another District Court Judge. The court will not rule on the SEC's pending motion for summary judgment or Lyndon's motions and appeals until that judge decides the motion to recuse. re #135 Letter, #136 Letter. (JUDGE SUSAN OKI MOLLWAY)(tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
July 3, 2014 Filing 136 E-mail Correspondence from Troy Lyndon, dated July 2, 2014. (emt, )
July 3, 2014 Filing 135 E-mail Correspondence from Troy Lyndon, dated July 2, 2014 Re: SEC's final judgment order. (emt, )
July 2, 2014 Filing 134 NOTICE by Securities and Exchange Commission of Lodging of Proposed Final Judgment Against Defendant Troy Lyndon Securities and Exchange Commission. (Attachments: #1 Exhibit Proposed Final Judgment)(Matteson, Karen)
July 2, 2014 Filing 133 MEMORANDUM in Support re #68 MOTION for Summary Judgment against Troy Lyndon for Disgorgement, Prejudgment Interest and a Civil Penalty filed by Securities and Exchange Commission. (Attachments: #1 Declaration of Carol Shau, #2 Exhibit Prejudgment Interest Calculation)(Matteson, Karen)
July 1, 2014 Filing 132 EO: COURT'S ORDER re #131 Lyndon's REQUEST for Judge Mollway to Recuse Herself. (JUDGE LESLIE E. KOBAYASHI)(wnn, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
June 30, 2014 Filing 131 Ex Parte REQUEST ~ Lyndon's REQUEST for Judge Mollway to Recuse Herself - by Defendant Troy Lyndon (emt, )
June 30, 2014 Filing 130 EO: No later than July 7, 2014, the SEC shall file a supplemental declaration regarding the amount of prejudgment interest on a disgorgement amount of $3,251,169. Troy Lyndon may comment on the proposed prejudgment interest amount no later than July 14, 2014. These documents shall not contain argument as to the appropriateness of awarding prejudgment interest or any other issue raised in the SEC's motion for summary judgment or Lyndon's opposition to that motion. They are instead limited to how to calculate the prejudgment interest amount. re #129 Motion Hearing, Motions Taken Under Advisement,,,,,,,,,,,,,,,,,,,,,,,,,,,,. (JUDGE SUSAN OKI MOLLWAY)(tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
June 30, 2014 Filing 129 EP: Motion by Plaintiff Securities and Exchange Commission for Summary Judgment Against Troy Lyndon for Disgorgement, Prejudgment Interest and a Civil Penalty #68 ;Motion to Sanction Plaintiff SEC for Illegal Intimidation, Threat and Violation of Defendant Lyndon's 14th Amendment rights #81 ;Defendant Lyndon's Motion to Quash or Vacate Plaintiff SEC's Motion for Summary Judgment #90 ;DefendantMotion for Reconsideration of Magistrate Judge Decision Re: Defendant Lyndon's Motion to Compel SEC to Provide Discovery #112 ;Motion for Reconsideration of Magistrate Judge Decision #118 - Arguments.All motions taken under advisment.Court to issue a written ruling. Motion Hearing held on 6/30/2014 re #118 MOTION for Continuance REQUEST for Reconsideration of Magistrate Judge Decision #115 REQUEST to Cross-Examine SEC's Counsel Regarding "Declarations" Made in this Case filed by Troy Lyndon, #101 Conforming MOTION for Permanent Stay of Consent and Judgment re #22 filed by Troy Lyndon, #68 MOTION for Summary Judgment against Troy Lyndon for Disgorgement, Prejudgment Interest and a Civil Penalty filed by Securities and Exchange Commission, #81 MOTION for Sanctions filed by Troy Lyndon, #90 MOTION to Quash filed by Troy Lyndon, #112 REQUEST for Continuance MOTION for Reconsideration of Magistrate Judge Decision Re: Defendant Lyndon's Motion to Compel SEC to Provide Discovery filed by Troy Lyndon, Motions Taken Under Advisement: #118 MOTION for ContinuanceREQUEST for Reconsideration of Magistrate Judge Decision #115 REQUEST to Cross-Examine SEC's Counsel Regarding "Declarations" Made in this Case, #101 Conforming MOTION for Permanent Stay of Consent and Judgment re #22 , #68 MOTION for Summary Judgment against Troy Lyndon for Disgorgement, Prejudgment Interest and a Civil Penalty, #81 MOTION for Sanctions, #90 MOTION to Quash, #112 REQUEST for Continuance MOTION for Reconsideration of Magistrate Judge Decision Re: Defendant Lyndon's Motion to Compel SEC to Provide Discovery. (Court Reporter Debra Chun.) (JUDGE SUSAN OKI MOLLWAY)(tbf, )No COS issued for this docket entry
June 27, 2014 Filing 128 Defendant Ronald Zaucha's ANSWER to #1 Complaint by Ronald Zaucha. (Attachments: #1 Certificate of Service)(Peterson, Lars)
June 16, 2014 Filing 127 Lyndon's REPLY to SEC's Opposition of Lyndon's #101 Conforming MOTION for Permanent Stay of Consent and Judgment re #22 and REQUEST to Extend Motions Deadline - filed by Troy Lyndon. (Attachments: #1 Exhibits A & B, #2 Exhibits C & D, #3 Exhibit H, #4 Exhibits X & Y, #5 Exhibit AB, #6 Exhibit AG, #7 Exhibit AH)(emt, )
June 13, 2014 Opinion or Order Filing 126 ORDER DENYING MOTION TO DISMISS re #97 , #125 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 6/13/2014. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Troy Lyndon served by first class mail at the address of record on June 13, 2014.
June 2, 2014 Filing 125 EP: Defendant Ronald Zauchas Motion to Dismiss Complaint Filed 9/24/13 #97 -Court takes a recess in order to allow Mr. Lyndon to review the Courts inclination.Mr. Brand requests a continuance in order to file a reply memorandum - Court is inclined to go ahead with this hearing.Arguments.Defendant Ronald Zauchas Motion to Dismiss Complaint Filed 9/24/13 #97 - Denied.Court to prepare the order.Mr. Lydon requests clarification re: his reply to the motion for permanent injunction - Mr. Lyndon instructed to comply with Court rules unless different deadlines are set forth in an order.denying #97 Motion to Dismiss. (Court Reporter Debra Chun.) (JUDGE SUSAN OKI MOLLWAY)(tbf, )No COS issued for this docket entry
May 30, 2014 Filing 124 INCLINATIONS - by CHIEF JUDGE SUSAN OKI MOLLWAY (emt, )
May 30, 2014 COURT'S CERTIFICATE of Service - #124 INCLINATIONS served by First Class Mail to Troy Lyndon and Donny E. Brand, Esq. at the addresses of record on May 30, 2014. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (emt, )
May 22, 2014 Filing 123 OPPOSITION by Plaintiff Securities and Exchange Commission to Defendant Troy Lyndon's Appeal from Magistrate Judge Decision re #12 , #118 - by Securities and Exchange Commission. [Appellee's BRIEF] (Matteson, Karen) Modified on 5/23/2014 (emt, ).
May 15, 2014 Filing 122 DECLARATION by Karen Matteson in Support of Opposition by Plaintiff Securities and Exchange Commission to #97 Defendant Ronald Zaucha's MOTION to Dismiss filed by Securities and Exchange Commission. (Attachments: #1 Exhibit)(Matteson, Karen) Modified on 5/16/2014 (emt, ).
May 13, 2014 Filing 121 EO: #81 MOTION for Sanctions. Motion Hearing set for 5/19/14 @ 9:00 a.m. is continued to 6/30/2014 09:45 AM before JUDGE SUSAN OKI MOLLWAY. (JUDGE SUSAN OKI MOLLWAY)(tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
May 13, 2014 Filing 120 EO: On March 13, 2014, Plaintiff Securities and Exchange Commission filed a Motion for Summary Judgment. See ECF No. 68. On April 14, 2014, Defendant Troy Lyndon filed a Motion to Quash or Vacate. See ECF No. 90. This motion seeks to quash or vacate Lyndon's Consent to Entry of Permanent Injunction and Other Relief and subsequent Permanent Injunction, ECF Nos. 20 and 22, and therefore requests the denial of the Motion for Summary Judgment. On April 23, 2014, Lyndon filed a Motion seeking a permanent stay of the consent and judgment. See ECF No. 101. On May 5, 2014, Lyndon filed a request for a continuance of the hearing on the Motion for Summary Judgment and a request for "reconsideration" of a Magistrate Judge's order concerning discovery. See ECF No. 112. On May 9, 2014, Lyndon filed a second motion that sought the same relief as the motion of May 5, 2014, as well as a request to have certain Government representatives available for cross-examination at the hearing on the Motion for Summary Judgment. See ECF No. 118. The court sets ECF Nos. 68, 90, and 101, as well as the portions of ECF Nos. 112 and 118 seeking "reconsideration" of the Magistrate Judge's order, for hearing on June 30, 2014, at 9:45, before Chief Judge Susan Oki Mollway. To the extent Lyndon seeks in a portion of ECF Nos. 112 and 118 a continuation of the hearing on the Motion for Summary Judgment, his requests are denied as moot. To the extent Lyndon seeks in a portion of ECF No. 118 to have Government representatives present and available to testify at the summary judgment hearing, that request is denied, as this court will not receive evidence at that hearing. Unless Lyndon immediately notifies the court that he intended otherwise, the court will deem the "reconsideration" motion that is a portion of ECF Nos. 112 and 118 to be an appeal of the Magistrate Judge's order and has therefore scheduled that matter for hearing before the District Judge on June 30. Given the number of similar filings by Lyndon, the court exercises its inherent power to control its docket and bars Lyndon from filing new motions until after the court rules on the motions set for June 30, 2014. If Lyndon feels that it is necessary to file a motion during that period, he must first seek leave of court to file a new motion. Any request for leave to file a motion must attach as an exhibit the proposed motion that Lyndon seeks to file.denying #112 Motion to Continue; denying #118 Motion to Continue; denying #118 Motion ; #90 MOTION to Quash, #101 Conforming MOTION for Permanent Stay of Consent and Judgment re #22 , #112 REQUEST for Continuance MOTION for Reconsideration of Magistrate Judge Decision Re: Defendant Lyndon's Motion to Compel SEC to Provide Discovery, #68 MOTION for Summary Judgment against Troy Lyndon for Disgorgement, Prejudgment Interest and a Civil Penalty, #118 MOTION for ContinuanceREQUEST for Reconsideration of Magistrate Judge Decision #115 REQUEST to Cross-Examine SEC's Counsel Regarding "Declarations" Made in this Case. Motion Hearing set for 6/30/2014 09:45 AM before JUDGE SUSAN OKI MOLLWAY. (JUDGE SUSAN OKI MOLLWAY)(tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
May 12, 2014 Filing 119 MEMORANDUM in Opposition re #97 MOTION to Dismiss filed by Securities and Exchange Commission. (Attachments: #1 Exhibit 1)(Matteson, Karen)
May 9, 2014 Filing 118 MOTION to Continuance, REQUEST for Reconsideration of Magistrate Judge Decision and REQUEST for an Order to Cross-Examine SEC's Counsel Regarding "Declarations" Made in This Case re #115 - by Defendant Troy Lyndon (cc: SOM) (emt, )
May 9, 2014 ADVISORY ENTRY. The entry docket number #116 Memorandum in Opposition to Motion, filed by Securities and Exchange Commission was filed incorrectly in this case. The declaration of Carol Shau should be submitted as a separate attachment to this filing pursuant to LR 100.2.6. No further action necessary. (gab, )
May 8, 2014 Filing 117 MEMORANDUM in Opposition re #101 Conforming MOTION for Permanent Stay of Consent and Judgment re #22 filed by Securities and Exchange Commission. (Matteson, Karen)
May 8, 2014 Filing 116 MEMORANDUM in Opposition re #112 REQUEST for Continuance MOTION for Reconsideration of Magistrate Judge Decision Re: Defendant Lyndon's Motion to Compel SEC to Provide Discovery filed by Securities and Exchange Commission. (Matteson, Karen)
May 8, 2014 Opinion or Order Filing 115 ORDER Denying #76 Defendant Troy Lyndon's MOTION to Compel Plaintiff SEC To Provide Production. Signed by JUDGE KEVIN S.C. CHANG on 5/8/14. (gab, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
May 6, 2014 Filing 113 EO: The SEC is directed to file, by May 9, a statement as to whether it objects to Lyndon's motion to continue. For his part, Lyndon is directed to file, no later than May 9, clarification as to whether he seeks reconsideration by Magistrate Judge Chang himself or review by a district judge. re #112 REQUEST for Continuance MOTION for Reconsideration of Magistrate Judge Decision Re: Defendant Lyndon's Motion to Compel SEC to Provide Discovery. (JUDGE SUSAN OKI MOLLWAY)(tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
May 5, 2014 Filing 114 EP: #76 Defendant's Motion to Compel Plaintiff SEC to Provide Production hearing held on 05/05/2014 - re #76 Motion to Compel Plaintiff SEC to Provide Production - DENIED. (FTR-Ctrm C7 FTR 9:49 - 10:00.) (JUDGE KEVIN S.C. CHANG)(bbb)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
May 5, 2014 Filing 112 REQUEST for Continuance and MOTION for Reconsideration of Magistrate Judge Decision Re: Defendant Lyndon's Motion to Compel SEC to Provide Discovery - by Defendant Troy Lyndon (emt, )
May 5, 2014 Filing 111 REPLY re #68 MOTION for Summary Judgment against Troy Lyndon for Disgorgement, Prejudgment Interest and a Civil Penalty Declaration of Karen Matteson filed by Securities and Exchange Commission. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Matteson, Karen)
May 5, 2014 Filing 110 Defendant Lyndon's RESPONSE to SEC's Opposition of Lyndon's #90 MOTION to Quash or Vacate SEC's Motion for Summary Judgment - filed by Troy Lyndon. (emt, )
May 5, 2014 Filing 109 Defendant Lyndon's RESPONSE to SEC's Opposition of Lyndon's #81 MOTION to Sanction SEC for Illegal Intimidation, Threat and Violation of Lyndon's Rights - filed by Troy Lyndon. (emt, )
May 2, 2014 Filing 108 AMENDED EO: Motion to Compel Plaintiff SEC to Provide Production set for 5/5/14 at 9:30am before Judge Kevin S. C. Chang. Karen Matteson to participate by phone and to notify all parties. (JUDGE KEVIN S.C. CHANG)(tl, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
May 1, 2014 Opinion or Order Filing 107 ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION re #84 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 5/1/2014. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Troy Lyndon served by first class mail at the address of record on May 1, 2014.
May 1, 2014 Filing 106 EO: #76 Motion to Compel Plaintiff SEC to Provide Production set for 5/5/14 at 9:00am before Judge Kevin S. C. Chang. Karen Matteson to participate by phone and to notify all parties. (JUDGE KEVIN S.C. CHANG)(tl, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
April 28, 2014 Filing 105 MEMORANDUM in Opposition re #90 MOTION to Quash or Vacate Plaintiff SEC's Motion for Summary Judgment filed by Securities and Exchange Commission. (Matteson, Karen)
April 28, 2014 Filing 104 MEMORANDUM in Opposition re #81 MOTION for Sanctions for Illegal Intimidation, Threat and Violation of Lyndon's 14th Amendment Rights; Declaration by Karen Matteson; Exhibits filed by Securities and Exchange Commission. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Matteson, Karen)
April 28, 2014 Filing 103 OPPOSITION by Defendant Lyndon to Plaintiff Securities and Exchange Commission to Attain Summary Judgment; Declaration of Troy Lyndon re #68 - filed by Troy Lyndon. (emt, )
April 24, 2014 Filing 102 NOTICE of Hearing on Motion #101 Conforming MOTION for Permanent Stay of Consent and Judgment re #22 :. Motion Hearing set for 6/2/2014 09:00 AM before JUDGE SUSAN OKI MOLLWAY. (tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
April 23, 2014 Filing 101 Defendant Lyndon's Conforming MOTION for Permanent Stay of Consent and Judgment re #22 - by Defendant Troy Lyndon (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit H, #6 Exhibit X, #7 Exhibit Y, #8 Exhibit Z (Part 1 of 4), #9 Exhibit Z (Part 2 of 4), #10 Exhibit Z (Part 3 of 4), #11 Exhibit Z (Part 4 of 4), #12 Exhibit AA, #13 Exhibit AB, #14 Exhibit AC)(emt, )
April 21, 2014 Filing 99 RESPONSE to Plaintiff SEC's Opposition to Defendant Lyndon's Motion to Compel Production re #76 - filed by Troy Lyndon. (emt, )
April 18, 2014 Filing 100 Mail Returned as Undeliverable (Re: #54 ORDER GRANTING EX PARTE APPLICATION FOR ADMISSION PRO HAC VICE (DONNY E. BRAND, ESQ.)). Mail sent to Ronald Zaucha at 753 Avenida Majorca, Unit A, Laguna Woods, CA 92637 returned undeliverable -- UNCLAIMED. (emt, )
April 17, 2014 Filing 98 NOTICE of Hearing on Motion #97 MOTION to Dismiss :. Motion Hearing set for 6/2/2014 09:00 AM before JUDGE SUSAN OKI MOLLWAY. (tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
April 16, 2014 Filing 97 Defendant Ronald Zaucha's MOTION to Dismiss Complaint filed 09/24/13; Memorandum in Support of Motion Lars Peterson appearing for Defendant Ronald Zaucha (Attachments: #1 Certificate of Service)(Peterson, Lars) Modified on 4/17/2014 (emt, ).
April 16, 2014 Filing 96 MEMORANDUM of Points and Authorities in Support of Defendant Ronald Zaucha's Motion to Dismiss Complaint Under FRCP 12(b)(6), 12(b)(2) and 12(b)(3) [MOTION to Dismiss] Lars Peterson appearing for Defendant Ronald Zaucha (Peterson, Lars) Modified on 4/17/2014 to terminate filing as a pending motion; the filing party has resubmitted the Motion to Dismiss (emt, ).
April 15, 2014 Opinion or Order Filing 95 STIPULATION AND ORDER EXTENDING TIME TO FILE RESPONSIVE PLEADING BY DEFENDANT RONALD ZAUCHA AND EXTENDING TIME FOR PLAINTIFF SEC TO RESPOND - Signed by JUDGE KEVIN S.C. CHANG on 4/15/2014. ( Ronald Zaucha answer due 4/16/2014.) (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Troy Lyndon shall be served by first class mail at the address of record on April 16, 2014.
April 15, 2014 Filing 94 NOTICE of Hearing on Motion #90 MOTION to Quash :. Motion Hearing set for 5/19/2014 09:00 AM before JUDGE SUSAN OKI MOLLWAY. (tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
April 14, 2014 Filing 93 Rule 45 - NOTICE of Subpoena - by Troy Lyndon. (Attachments: #1 Exhibit AF)(emt, )
April 14, 2014 Filing 92 Rule 45 - NOTICE of Subpoena - by Troy Lyndon. (Attachments: #1 Exhibit AE)(emt, )
April 14, 2014 Filing 91 Rule 34 - NOTICE of Subpoena - by Troy Lyndon. (Attachments: #1 Exhibit AD)(emt, )
April 14, 2014 Filing 90 Defendant Lyndon's MOTION to Quash or Vacate Plaintiff SEC's Motion for Summary Judgment re #68 - by Defendant Troy Lyndon (emt, )
April 14, 2014 Filing 89 EO: re #88 On 4/11/14, Defendant Troy Lyndon filed a Memorandum in Support of Motion to Compel Plaintiff SEC to Provide Production, which includes 12 exhibits. This document is untimely. Defendant Lyndon filed his Motion to Compel on 4/4/14, and it is currently set for hearing on 5/5/14. Pursuant to Local Rule 7.2(f), "[a]ll motions shall be accompanied, when appropriate, by affidavits or declarations sufficient to support material factual assertions and by a memorandum of law." Local Rule 7.2(f). Consequently, the memorandum in support is untimely. The tardiness of the filing is prejudicial to Plaintiff because its response to the Motion to Compel is due today, 4/14/14. At this point, extending all deadlines in response to the untimely filing would cause disruption because the Court requires sufficient time to prepare for its hearings. Although the Court recognizes that Defendant Lyndon is proceeding pro se, his status does not excuse his compliance with all rules and statues. Local Rule 83.13. Accordingly, Defendant Lyndon's memorandum and all attached exhibits are hereby stricken. (JUDGE KEVIN S.C. CHANG)(sna, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
April 14, 2014 Filing 87 MEMORANDUM in Opposition re #76 MOTION to Compel Production of Documents; Declaration of Karen Matteson; Exhibit filed by Securities and Exchange Commission. (Attachments: #1 Exhibit 1)(Matteson, Karen)
April 11, 2014 Filing 88 (stricken pursuant to ECF No. 89 Minute Order) Defendant Lyndon's MEMORANDUM in Support of #76 MOTION to Compel Plaintiff SEC to Provide Production - filed by Troy Lyndon. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit H, #6 Exhibit V, #7 Exhibit X, #8 Exhibit Y, #9 Exhibit Z (Part 1 of 4), #10 Exhibit Z (Part 2 of 4), #11 Exhibit Z (Part 3 of 4), #12 Exhibit Z (Part 4 of 4), #13 Exhibit AA, #14 Exhibit AB, #15 Exhibit AC)(emt, ) Modified on 4/14/2014 (emt, ).
April 9, 2014 Opinion or Order Filing 86 RULE 16 SCHEDULING ORDER - Signed by JUDGE KEVIN S.C. CHANG on 4/8/2014. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Troy Lyndon served by first class mail at the address of record on April 9, 2014.
April 9, 2014 Filing 85 EO: Motion to Sanction Plaintiff SEC for Illegal Intimidation, Threat and Violation of Defendant Lyndon's 14th Amendment Rights #81 set for hearing on 5/5/14 before Judge Chang is hereby vacated. This Motion will be addressed by Judge Mollway. (JUDGE KEVIN S.C. CHANG)(sna, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
April 8, 2014 Opinion or Order Filing 84 ORDER GRANTING DEFENDANT RONALD ZAUCHA'S MOTION TO SET ASIDE ENTRY OF DEFAULT; FINDINGS AND RECOMMENDATION TO DENY PLAINTIFF'S MOTION FOR ENTRY OF DEFAULT JUDGMENT AGAINST RONALD ZAUCHA re #24 , #66 - - Signed by JUDGE KEVIN S.C. CHANG on 4/8/2014. "Based on the foregoing, the Court HEREBY GRANTS Zaucha's Motion to Set Aside Entry of Default and FINDS AND RECOMMENDS that Plaintiff's Motion for Entry of Default Judgment Against Defendant Ronald Zaucha be DENIED as moot. Zaucha is ordered to file an Answer by April 15, 2014. " (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Troy Lyndon served by first class mail at the address of record on April 8, 2014.
April 8, 2014 Filing 83 NOTICE of Hearing on Motion #81 MOTION for Sanctions :. Motion Hearing set for 5/19/2014 09:00 AM before JUDGE SUSAN OKI MOLLWAY. (tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
April 8, 2014 Filing 82 NOTICE of Hearing on Motion #81 : Motion to Sanction Plaintiff SEC for Illegal Intimidation, Threat and Violation of Defendant Lyndon's 14th Amendment Rights set for 5/5/2014 09:30 AM before JUDGE KEVIN S.C. CHANG. (sna, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
April 7, 2014 Filing 81 MOTION for Sanctions Plaintiff SEC for Illegal Intimidation, Threat and Violation of Defendant Lyndon's 14th Amendment Rights - by Defendant Troy Lyndon (Attachments: #1 Exhibit "TAP-1", #2 Exhibit "TAP-1" Document List, #3 2014 3-30 1-14AM Joint Rule 26(f) Reportv.3.docx, #4 2014 03-31 8-58AM - Joint Rule 26(f) Report (FINAL).docx, #5 2014 03-31 8AM - Joint Rule 26(f) Report v4.docx, #6 2014 03-31 9-18AM Joint Rule 26(f) Report (FINAL).docx, #7 2014 03-31 11-16AM Joint Rule 26(f) Report (FINAL - revised).docx, #8 2014 03-31 2-39PM Joint Rule 26(f) Report (FINAL - revised) (5).docx, #9 2014 03-31 2-50PM Joint Rule 26(f) Report (FINAL - revised) (6).docx, #10 2014 03-31 2-50PM Joint Rule 26(f) Report (FINAL - revised) (6) w changes accepted.docx, #11 2014 03-31 3-10PM Joint Rule 26(f) Report (FINAL v.9).docx, #12 2014 03-31 3-10PM Joint Rule 26(f) Report (FINAL v. 10).docx, #13 2014 3-31 3-25PM Joint Rule 26(f) Report (FINAL - revised) (11).docx, #14 2014 3-31 3-25PM Joint Rule 26(f) Report (FINAL - revised) (12).docx, #15 2014 04-01 9-21AM Joint Rule 26(f) Report (FINAL - revised) (13) - Signed by Lyndon, #16 2014 04-01 11-10AM Joint Rule 26(f) Report (FINAL - revised) (14) - Signed by Lyndon, #17 2014 03-31 3-44PM Joint Rule 26(f) Report (FINAL), #18 2014 03-31 5-28PM Doc 73 Matteson Dec re Lyndon Failure to Sign Jt Rpt(Mar 31 2014), #19 2014 03-31 5-28PM Doc 74 Scheduling Conference Statement by SEC (Mar 31 2014), #20 Exhibit "TAP-2")(emt, )
April 7, 2014 Filing 80 EP: taking under advisement: #66 Defendant Ronald Zaucha's Motion to Set Aside Entry of Default; taking under advisement #24 Motion by Plaintiff Securities and Exchange Commission for Entry of Default Judgment Against Defendant Ronald Zaucha held on 4/7/2014. Motions #24 #66 taken under advisement. Court to issue written decision. Rule 16 Scheduling Conference held on 4/7/2014. Rule 16 Scheduling Conference Order to be issued. Bench Trial set for 11/18/2014 09:00 AM before JUDGE SUSAN OKI MOLLWAY. Final Pretrial Conference set for 10/7/2014 09:00 AM before JUDGE KEVIN S.C. CHANG. Settlement Conference set for 7/29/2014 11:00 AM before JUDGE KEVIN S.C. CHANG. Motions due by 6/18/2014. Discovery due by 9/19/2014. ( FTR C8 - 9:35-9:56am.) (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry
April 4, 2014 Filing 79 NOTICE of Hearing on Motion #76 : Motion to Compel Plaintiff SEC to Provide Production set for 5/5/2014 09:30 AM before JUDGE KEVIN S.C. CHANG. (sna, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
April 4, 2014 Filing 78 EO: re 67 59 Motion by Plaintiff Securities and Exchange Commission for Entry of Default Judgment Against Defendant Ronald Zaucha #24 ; Defendant Ronald Zaucha's Motion to Set Aside Entry of Default #66 ; and Rule 16 Scheduling Conference set 4/7/14 at 9:30am before Judge Chang. Donny E. Brand to participate by phone. (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry
April 4, 2014 Filing 77 EO: re 67 59 Motion by Plaintiff Securities and Exchange Commission for Entry of Default Judgment Against Defendant Ronald Zaucha #24 ; Defendant Ronald Zaucha's Motion to Set Aside Entry of Default #66 ; and Rule 16 Scheduling Conference set 4/7/14 at 9:30am before Judge Chang. Amy J. Longo to participate by phone. (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry
April 4, 2014 Filing 76 MOTION to Compel Plaintiff SEC to Provide Production - by Defendant Troy Lyndon (emt, )
April 1, 2014 Filing 75 REPORT of Planning Meeting Joint Report by Plaintiff SEC and Defendant Lyndon Pursuant to Fed. R. Civ. P. 26(f). (Attachments: #1 Exhibit SEC Initial Disclosures)(Matteson, Karen)
April 1, 2014 ADVISORY ENTRY. The entry docket number #73 Declaration of Karen Mattheson Re: Failure by Defendant Troy Lyndon to Timely Review and Sign Rule 26(f) Report was filed incorrectly in this case. Please be advised that the each exhibit should be separately attached to the main document and labeled accordingly. The filing party may refer to 100.2.5. which states "Each exhibit referenced in a document shall be submitted as a separate CM/ECF attachment to the main document, regardless of the size of the file containing the exhibit." No further action necessary. (emt, )
March 31, 2014 Filing 74 Scheduling Conference Statement by Plaintiff Securities and Exchange Commission. (Matteson, Karen)
March 31, 2014 Filing 73 Declaration of Karen Matteson Re Failure by Defendant Troy Lyndon to Timely Review and Sign Rule 26(f) Joint Report. (Attachments: #1 Exhibits 1-13 )(Matteson, Karen) Modified on 4/1/2014 (emt, ).
March 25, 2014 Filing 72 REPLY re #71 Memorandum in Opposition to Motion, #66 MOTION to Set Aside Default filed by Ronald Zaucha. (Attachments: #1 Certificate of Service re: Reply-Setting Aside Default)(Peterson, Lars)
March 19, 2014 Filing 71 MEMORANDUM in Opposition re #66 MOTION to Set Aside Default ; Supplemental Declaration of Karen Matteson filed by Securities and Exchange Commission. (Attachments: #1 Exhibit 1 to Supplemental Declaration of Karen Matteson, #2 Exhibit 2 to the Supplemental Declaration of Karen Matteson)(Matteson, Karen)
March 14, 2014 Filing 70 NOTICE of Hearing on Motion #68 MOTION for Summary Judgment against Troy Lyndon for Disgorgement, Prejudgment Interest and a Civil Penalty :. Motion Hearing set for 5/19/2014 09:00 AM before JUDGE SUSAN OKI MOLLWAY. (tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
March 13, 2014 Filing 69 CONCISE STATEMENT of Facts re #68 MOTION for Summary Judgment against Troy Lyndon for Disgorgement, Prejudgment Interest and a Civil Penalty filed by Securities and Exchange Commission. (Matteson, Karen)
March 13, 2014 Filing 68 MOTION for Summary Judgment against Troy Lyndon for Disgorgement, Prejudgment Interest and a Civil Penalty Karen Matteson appearing for Plaintiff Securities and Exchange Commission (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Carol Shau, #3 Exhibit 1 to Shau Declaration, #4 Exhibit 2 to Shau Declaration)(Matteson, Karen)
March 11, 2014 Filing 67 NOTICE of Hearing on Motion #66 : Defendant Ronald Zaucha's Motion to Set Aside Entry of Default set for 4/7/2014 09:30 AM before JUDGE KEVIN S.C. CHANG. (sna, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
March 10, 2014 Filing 66 MOTION to Set Aside Default Lars Peterson appearing for Defendant Ronald Zaucha (Attachments: #1 Memorandum in Support of Motion, #2 Affidavit of Ronald Zaucha, #3 Certificate of Service)(Peterson, Lars)
March 5, 2014 Filing 65 RULE 45- NOTICE of Subpoena - by Troy Lyndon. (Attachments: #1 Subpoena to Produce Documents issued to the Law Offices of Christian Smith & Jewell, LLP)(emt, )
February 25, 2014 Filing 64 EO: re #62 To the extent document no. 62 seeks reconsideration of a previously raised issue regarding Plaintiff's alleged destructive online marketing, it is denied. If Defendant Troy Lyndon seeks Court action regarding Plaintiff's actions, he must file an appropriate motion supported by legal authority. Moreover, in the future, Defendant Lyndon should limit his motions/filings to related subject matter, rather than including multiple unrelated arguments and facts in a single document. (JUDGE KEVIN S.C. CHANG)(sna, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
February 24, 2014 Filing 63 EO: Pursuant to the Withdrawal filed 2/24/14, Defendant Troy Lyndon's Request Wait on Motion for Temporary Stay and new Motion to Compel Plaintiff Produce Evidence Promptly to Avoid Irreparable Harm for Which There is No Remedy #32 set for hearing on 3/3/14 before Judge Chang is hereby vacated. (JUDGE KEVIN S.C. CHANG)(sna, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
February 24, 2014 Filing 62 WITHDRAWAL OF MOTION TO COMPEL re #32 and REQUEST FOR RECONSIDERATION to Order Plaintiff to Halt Destructive Online Marketing - by Defendant Troy Lyndon (emt, )
February 24, 2014 Filing 61 RESPONSE to Defendant Ronald Zaucha's Opposition to #24 Plaintiff's MOTION for Default Judgment - filed by Troy Lyndon. (Attachments: #1 Exhibit U)(emt, )
February 24, 2014 Filing 60 Rule 34 - NOTICE of Subpoena - by Troy Lyndon. (Attachments: #1 Exhibit V)(emt, )
February 24, 2014 Filing 59 EO: re #58 Currently set for hearing on 3/3/14 is Plaintiff's Motion for Default Judgment. Defendant Ronald Zaucha filed an Opposition on 2/21/14. Although Defendant Zaucha has now appeared, even assuming the Motion for Default Judgment is denied, he will remain in default until he files and prevails on a motion to set aside default. To promote judicial economy, the motion to set aside default and the motion for default judgment should be addressed concurrently. Accordingly, if Defendant Zaucha wishes to set aside default, he must file a proper motion by 3/10/14. Any opposition to a motion to set aside default is due by 3/19/14. An optional reply is due by 3/25/14. The hearing on the Motion for Default Judgment is hereby continued to 4/7/14 at 9:30 AM before JUDGE KEVIN S.C. CHANG. If Defendant Zaucha timely files a motion to set aside default, it will also be set for hearing on 4/7/14. Given the continuance of the Motion for Default Judgment, the Court hereby GRANTS Defendant Zaucha's Motion to Continue Status Conference, filed 2/21/14, and continues the Rule 16 Scheduling Conference to 4/7/14 at 9:30AM before JUDGE KEVIN S.C. CHANG. (JUDGE KEVIN S.C. CHANG)(sna, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
February 21, 2014 Filing 58 MOTION to Continue Status Conference Lars Peterson appearing for Defendant Ronald Zaucha (Attachments: #1 Affidavit of Donny E. Brand, #2 Exhibit A, #3 Certificate of Service)(Peterson, Lars)
February 21, 2014 Filing 57 AMENDED CERTIFICATE OF SERVICE re #56 - by Ronald Zaucha. Amended Certificate of Service. (Peterson, Lars) Modified on 2/24/2014 (emt, ).
February 21, 2014 Filing 56 MEMORANDUM in Opposition re #24 MOTION for Default Judgment as to Defendant Ronald Zaucha filed by Ronald Zaucha. (Attachments: #1 Affidavit Affidavit of Ronald Zaucha, #2 Certificate of Service)(Peterson, Lars)
February 19, 2014 Filing 55 PHV Filing fee for Donny E. Brand, Esq. : $ 300, receipt number HI010948 re #53 APPLICATION to Appear Pro Hac Vice (Donny E. Brand, Esq.) (emt, )
February 13, 2014 Opinion or Order Filing 54 ORDER GRANTING EX PARTE APPLICATION FOR ADMISSION PRO HAC VICE (DONNY E. BRAND, ESQ.) re #53 - Signed by JUDGE KEVIN S.C. CHANG on 2/13/2014. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
February 13, 2014 ADVISORY ENTRY. If the filing party has not already done so, the fee of $300.00 associated with docket number #53 Application to Appear Pro Hac Vice (Donny E. Brand, Esq.) may be submitted to the Clerks Office along with two courtesy copies of the application. The check may be made payable to "Clerk, U.S. District Court". (emt, )
February 12, 2014 Filing 53 Application to Appear Pro Hac Vice (Donny E. Brand, Esq.) . (Attachments: #1 Declaration Declaration of Counsel)(Peterson, Lars) Modified on 2/13/2014 to change event type from "application" to "motion for pro hac vice" (emt, ).
February 7, 2014 Filing 52 EP: Status Conference Re: Representation held on 2/7/2014. Donny Brand, counsel for Defendant Ronald Zaucha participated by phone. Mr. Brand updated the Court that he has come to an agreement in principle with Lars Peterson. The Court will allow Mr. Brand until close of business on Wednesday, 2/12/14 to submit the Pro Hac Vice application. If no submission, the Court will issue an Order to Show Cause.( In Chambers - no record, 9:30-9:35am.) (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry
January 27, 2014 Filing 51 EO: Rule 16 Scheduling Conference set 2/14/14 shall be continued to 09:30AM on 3/3/2014 before JUDGE KEVIN S.C. CHANG. Rule 16 Scheduling Conference statements due: 2/24/14. (JUDGE KEVIN S.C. CHANG)(sna, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
January 24, 2014 Filing 50 EP: Hearing on #24 Motion by Plaintiff Securities and Exchange Commission for Entry of Default Judgment Against Defendant Ronald Zaucha held on 1/24/2014. Telephonic discussion held. Hearing on #24 Motion by Plaintiff Securities and Exchange Commission for Entry of Default Judgment Against Defendant Ronald Zaucha is CONTINUED to 3/03/2014 at 9:30 a.m. in Courtroom 8 before JUDGE KEVIN S.C. CHANG. Opposition briefs due: 2/21/2014. Optional Reply briefs due: 2/28/2014. Counsel for Plaintiff and Defendant Ronald Zaucha can participate telephonically at the hearing set for 3/03/2014. A telephonic Status Conference is set for 2/07/2014 at 09:30 AM in Chambers of Judge Kevin S Chang before JUDGE KEVIN S.C. CHANG. The Court expects that Mr. Brand, Defendant Zaucha's mainland counsel, will have made a proper appearance prior to the 2/07/2014 status conference. The Court will send copy of this Minutes to Mr. Ronald Zaucha at 753 Avenida Majorca, Unit A, Laguna Woods, CA 92637. This address is what appears on the docket.(Court Reporter FTR - C8) (JUDGE KEVIN S.C. CHANG)(mrf)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
January 24, 2014 Filing 49 EO: re #48 On 1/23/14, Defendant Troy Lyndon filed a Motion to Delay Proceeding, requesting a 6 month continuance of the trial and associated deadlines. Insofar as the Court issued a Judgment of Permanent Injunction and Other Relief Against Defendant Troy R. Lyndon on 11/1/13, there is no basis to continue deadlines as to Defendant Lyndon. Defendant Lyndon sought relief from the consent and judgment, but Chief Judge Mollway denied his request. In any event, a scheduling order has yet to issue, so there are no Court-imposed deadlines to continue, other than those related to the motions that Defendant Lyndon has filed. The deadlines that have been imposed upon Defendant Lyndon are of his own making; he has raised multiple issues with the Court and wants expedited review. To address the matters on an expedited basis, it is necessary for the Court to impose condensed briefing schedules. If Defendant Lyndon is requesting a six month continuance of the scheduling conference, such a request is denied. This case has been pending since September 2013. The Court will not allow nearly one year to lapse before holding the scheduling conference. For these reasons, the Motion is DENIED in part. To the extent Defendant Lyndon seeks a continuance of the hearing on his motion to compel, the Motion is GRANTED. The Court hereby continues the hearing to 9:30 a.m. on 3/3/14. Defendant Lyndon is cautioned that the Court will not entertain multiple requests to continue the hearing on the motion to compel. If Defendant Lyndon believes he requires more time before the matter is heard, he should withdraw the motion and refile it once he is prepared to proceed. (JUDGE KEVIN S.C. CHANG)(chang1, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
January 23, 2014 Filing 48 MOTION to Delay Proceeding - by Defendant Troy Lyndon. (emt, )
January 14, 2014 Filing 47 Mail Returned as Undeliverable (ECF No. 34 Notice of Hearing). Mail sent to Ronald Zaucha at 753 Avenida Majorca, Unit A, Laguna Woods, CA 92637 returned undeliverable. (emt, )
January 14, 2014 Filing 46 MEMORANDUM in Opposition re #32 REQUEST Wait on #28 MOTION for Temporary Stay MOTION to Compel filed by Securities and Exchange Commission. (Attachments: #1 Declaration, #2 Certificate of Service)(Longo, Amy)
January 10, 2014 Opinion or Order Filing 45 ORDER Re: Motion for Permanent Stay of Consent and Judgment and Request for a Jury Trial re #43 - DENIED by CHIEF JUDGE SUSAN OKI MOLLWAY. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Troy Lyndon and Ronald Zaucha shall be served by first class mail at the addresses of record on January 13, 2014.
January 10, 2014 Opinion or Order Filing 44 ORDER DENYING RULE 60(b) MOTION re #41 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 1/10/2014. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Troy Lyndon, Ronald Zaucha served by first class mail at the addresses of record on January 10, 2014.
January 10, 2014 Filing 43 MOTION for Permanent Stay of Consent and Judgment and REQUEST for a Jury Trial re #22 - by Defendant Troy Lyndon (emt, )
January 9, 2014 Filing 42 Rule 45 - NOTICE of Subpoena - by Troy Lyndon. (Attachments: #1 Exhibit P, #2 Exhibit R)(emt, )
January 9, 2014 Filing 41 Legal Basis for Motion Regarding Request for Temporary Stay and MOTION to Compel Plaintiff to Deliver on Subpoena to Avoid Consequences for Which There is No Remedy re #32 - by Defendant Troy Lyndon (emt, )
January 7, 2014 Filing 40 EO: Earlier today, this court filed an order that denied Defendant Troy Lyndon's motion to stay the consent and judgment and an order that denied as moot his motion to expedite the hearing on that motion. Since then, Lyndon has filed an "Emergency Motion Regarding Reconsideration of Temporary Stay and New Motion to Compel Plaintiff to Respond to Subpoena to Avoid Consequences for Which There is No Remedy." See ECF No. 39. That new motion is denied. First, to the extent the motion continues to seek a stay of the consent and judgment, it does not address this court's order of this morning. Lyndon cannot simply say that he did not expect certain harm to flow from his agreement as a justification for relief from the judgment. This court can relieve him of that judgment if he demonstrates the applicability of Rule 60(b) of the Federal Rules of Civil Procedure. Because his latest motion does not do that, it is denied.Second, to the extent Lyndon seeks to compel the SEC to respond to the subpoena he served, the court denies that request. Before coming to the court for relief, the parties are ordered to meet and confer about this issue. See Local Rule 37.1(a). This "meet and confer" requirement may be done via telephone. The court suggests that the SEC call Lyndon about this matter. In so suggesting, the court expresses no inclination as to the SEC's obligations with respect to the subpoena. Third, as noted in the court's earlier minute order, the court also suggests that the parties agree to a way for Lyndon to contact counsel for the SEC. Finally, to the extent Lyndon seeks permission to file electronically, that request is denied given the present status of this case and the absence of evidence that Lyndon has completed the training required for registration as an electronic filer. denying #39 Motion for Reconsideration. (JUDGE SUSAN OKI MOLLWAY)(tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
January 7, 2014 Filing 39 Emergency MOTION Regarding Reconsideration of Temporary Stay and New Motion to Compel Plaintiff to Respond to Subpoena to Avoid Consequences for Which There is No Remedy re #33 - by Defendant Troy Lyndon (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R)(emt, )
January 7, 2014 Opinion or Order Filing 38 ORDER DENYING MOTION TO STAY CONSENT AND JUDGMENT (ECF NO. 28); ORDER DENYING AS MOOT MOTION FOR RECONSIDERATION OF ORDER DENYING MOTION TO EXPEDITE HEARING ON MOTION TO STAY CONSENT AND JUDGMENT (ECF NO. 36) re #28 ; #36 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 1/7/2014. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Troy Lyndon, Ronald Zaucha served by first class mail at the addresses of record on January 7, 2014.
January 7, 2014 Filing 37 EO: Defendant Troy Lyndon has filed a motion that seeks to order Plaintiff Securities and Exchange Commission ("SEC") to sign for certified mail and to refrain from blocking his e-mail correspondence. That motion is denied without prejudice and without a hearing pursuant to Local Rule 7.2(d). The parties are ordered to meet and confer about the matters raised in the motion before raising the matters with the court. This "meet and confer" requirement may be done via telephone. The court suggests that the SEC call Lyndon about these matters. The court further suggests that counsel for the SEC and Lyndon agree to a way for Lyndon to contact counsel for the SEC. This order is not intended to impose obligations on the parties that are not otherwise part of the Federal Rules of Civil Procedure.denying #35 Motion. (JUDGE SUSAN OKI MOLLWAY)(tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
January 3, 2014 Filing 36 MOTION for Reconsideration re #28 MOTION for Temporary Stay to Avoid Irreparable Harm for which there is no remedy at law; Statement of Defendant Troy Lyndon - filed by Defendant Troy Lyndon. (Attachments: #1 Exhibit M)(afc)
January 3, 2014 Filing 35 MOTION to Order Plaintiff to Accept Deliveries; Statement of Defendant Troy Lyndon - filed by Defendant Troy Lyndon. (Attachments: #1 Exhibit N, #2 Exhibit O) (afc)
January 2, 2014 Filing 34 NOTICE of Hearing on Motion #32 : New Motion to Compel Plaintiff Produce Evidence Promptly to Avoid Irreperable Harm for Which There is no Remedy set for 2/4/2014 09:30 AM before JUDGE KEVIN S.C. CHANG. (sna, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
December 31, 2013 Filing 33 EO: EO: On October 30, 2013, a consent to entry of judgment and permanent injunction against Troy Lyndon and in favor of the SEC was filed. See ECF No. 20. On November 1, 2013, a judgment of permanent injunction and other relief was filed. See ECF No. 22. On December 20, 2013, Lyndon filed a motion to stay the consent and judgment. See ECF No. 28. On December 23, 2013, a telephone conference with the parties was scheduled for January 6, 2014, at 1:30. See ECF No. 30. On December 24, 2013, the court entered a minute order, informing the SEC that it could file an opposition to the motion to stay by January 13, 2014, and that Lyndon could file a reply in support of that motion by January 27, 2013. The minute order further stated that the motion to stay would be decided without a hearing. On December 30, 2013, Lyndon filed an emergency motion, which again seeks a stay of the consent and judgment. He also seeks certain discovery. Lyndon claims that he was deceived by SEC counsel regarding the effect of his consent. He claims that, because of the judgment in this case, he cannot represent his company in an administrative hearing. The judge in that hearing apparently has until January 22, 2014, to issue his decision. Lyndon seeks expedited relief because he wants to be able to represent his company in that other case before the administrative law judge issues a decision. See ECF No. 32 To the extent Lyndon seeks to expedite a decision on his motion to stay, that request is denied. Lyndon has not demonstrated that, even if the court were to stay the consent and judgment, he would be able to represent the company in the hearing before the other judge. Nothing in the record indicates that Lyndon is an attorney allowed to represent the company at that hearing. Nor is there anything in the record indicating that the judge in the other hearing would allow Lyndon to act in that capacity for the company. The briefing schedule previously set forth in the minute order of December 24, 2013, shall be followed by the parties. To the extent the motion of December 30, 2013, seeks discovery, that part of the motion is referred to the Magistrate Judge assigned to this case. The court cancels the telephone conference set for January 6, 2014. (JUDGE SUSAN OKI MOLLWAY)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
December 30, 2013 Filing 32 REQUEST Wait on #28 MOTION for Temporary Stay & New MOTION to Compel Plaintiff Produce Evidence Promptly to Avoid Irreperable Harm for Which There is No Remedy - by Defendant Troy Lyndon. (Attachments: #1 Exhibit L)(emt, )
December 24, 2013 EO: The motion to place temporary stay shall be decided without a hearing. The SEC may file a response to the motion by January 13, 2014, and the movant may file a reply memorandum by January 27, 2014. #28 MOTION to Place Temporary Stay on Consent and Judgement #22 . (JUDGE SUSAN OKI MOLLWAY)(tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
December 23, 2013 Filing 31 RESPONSE to SEC's Opposition to #28 Defendant Troy Lyndon's MOTION to Place Temporary Stay on Consent and Judgement - filed by Troy Lyndon. (Attachments: #1 Exhibit G, #2 Exhibit H, #3 Exhibit I, #4 Exhibit J, #5 Exhibit K)(emt, )
December 23, 2013 Filing 30 NOTICE of Hearing:.Telephone Conference set for 1/6/2014 01:30 PM before JUDGE SUSAN OKI MOLLWAY. Parties notified. (tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
December 23, 2013 ADVISORY ENTRY. The entry docket number #29 Opposition to Motion by Defendant Troy Lyndon to Place Temporary Stay on Consent and Judgment filed by Securities and Exchange Commission was filed incorrectly in this case. Please be advised that the Declaration of Karen Matteson and the exhibits should have been attached to the main document as separate ECF attachments and labeled accordingly. The filing party should refer to LR100.2.5., which states "Each exhibit referenced in a document shall be submitted as a separate CM/ECF attachment to the main document, regardless of the size of the file containing the exhibit." No further action necessary. (emt, )
December 22, 2013 Filing 29 MEMORANDUM in Opposition re #28 MOTION to Place Temporary Stay on Consent and Judgement #22 filed by Securities and Exchange Commission. (Matteson, Karen)
December 20, 2013 Filing 28 MOTION by Defendant Troy Lyndon to Place Temporary Stay on Consent and Judgement re #22 - by Defendant Troy Lyndon (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(emt, )
December 20, 2013 Filing 27 NOTICE by Securities and Exchange Commission re #24 MOTION for Default Judgment as to Defendant Ronald Zaucha of Hearing Date and Time for Motion by Plaintiff Securities and Exchange Commission for Entry of Default Judgment against Defendant Ronald Zaucha Securities and Exchange Commission. (Matteson, Karen)
December 19, 2013 Filing 26 EO: Rule 16 Scheduling Conference put back on calendar for 09:00AM on 2/14/2014 before JUDGE KEVIN S.C. CHANG. Rule 16 Scheduling Conference statements due: 2/7/14. Per Ms. Matteson, Defendant Troy Lyndon should not be terminated. (JUDGE KEVIN S.C. CHANG)(sna, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
December 19, 2013 Filing 25 NOTICE of Hearing on Motion #24 : Motion by Plaintiff Securities and Exchange Commission for Entry of Default Judgment Against Defendant Ronald Zaucha set for 1/24/2014 09:30 AM before JUDGE KEVIN S.C. CHANG. Rule 16 Scheduling Conference set 2/14/14 before Judge Chang is hereby vacated. (sna, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
December 19, 2013 Filing 24 MOTION for Default Judgment as to Defendant Ronald Zaucha Karen Matteson appearing for Plaintiff Securities and Exchange Commission (Attachments: #1 Memorandum, #2 Exhibit 1 to Memorandum)(Matteson, Karen)
December 13, 2013 Filing 23 EO: At counsel's request, Rule 16 Scheduling Conference set 12/23/13 shall be continued to 09:00AM on 2/14/2014 before JUDGE KEVIN S.C. CHANG. Rule 16 Scheduling Conference statements due: 2/7/14. Karen Matteson to notify all parties. (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry
November 1, 2013 Filing 22 JUDGMENT OF PERMANENT INJUNCTION AND OTHER RELIEF AGAINST DEFENDANT TROY R. LYNDON - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY. Judgment is entered pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
October 30, 2013 Filing 21 CERTIFICATE OF SERVICE by Securities and Exchange Commission re #20 Notice (Other) (Longo, Amy)
October 30, 2013 Filing 20 (NOTICE) CONSENT OF TROY LYNDON TO ENTRY OF JUDGMENT OF PERMANENT INJUNCTION AND OTHER RELIEF by Securities and Exchange Commission re #6 Notice (Other), Revised Consent of Troy Lyndon Securities and Exchange Commission. (Attachments: #1 Exhibit)(Longo, Amy) Modified on 10/30/2013 (emt, ).
October 28, 2013 Filing 19 PROOF OF SERVICE of 16 Electronic Order Re Consent by Troy Lyndon to the Entry of Judgment of a Permanent Injunction - by Securities and Exchange Commission (Longo, Amy) Modified on 10/29/2013 to clarify docket text (emt, ).
October 28, 2013 Filing 18 SUPPLEMENTAL MEMORANDUM Pursuant to Court's Electronic Order Dated October 22, 2013 re #6 , 16 , #17 filed by Securities and Exchange Commission. (Longo, Amy) Modified on 10/29/2013 to add linkage to 16 , #17 ; clarify docket text (emt, ).
October 28, 2013 Filing 17 (NOTICE) CONSENT OF DEFENDANT TROY LYNDON TO ENTRY OF JUDGMENT OF PERMANENT INJUNCTION AND OTHER RELIEF re #6 - by Securities and Exchange Commission . (Attachments: #1 Certificate of Service)(Longo, Amy) Modified on 10/29/2013 to clarify docket text (emt, ).
October 22, 2013 Filing 16 EO: On October 16, 2013, a consent by Defendant Troy Lyndon to the entry of judgment of a permanent injunction and for other relief was filed. See ECF No. 6. Yesterday, this court received a proposed judgment of permanent injunction and other relief. For the most part, the proposed judgment tracks the consent of October 16, 2013. However, the court has been unable to locate in the consent a few things that are in the proposed order. No later than October 28, 2013, the SEC is asked to submit a supplemental memorandum describing where the following items are discussed in the consent of October 16, 2013: (1) the reference to 15 U.S.C. 77t(e) and 78u(d)(2) on page 6, section IX, of the proposed order; and (2) the reference to penny stocks on page 6, section X, of the proposed order. If these items were not mentioned in the consent of October 16, 2013, the SEC should inform the court and Lyndon whether it wishes to delete references to them or why it is appropriate for the requested relief to remain in the proposed order. If the relief is to remain in the order, the court will issue an order asking Lyndon for a response.To make things easier on the court in the future, the court requests that orders track the statutes. For example, on page 2, the proposed order refers to 15 U.S.C. 77e. The order lists actions in subsections (a), (b), and (c), while referring to the language of 77e(a)(1) and (2) and 77e(c). The reference to subsection (b) does not appear to track anything in the consent, creating confusion because it does not reference 77e(a)(2) and appears at first blush to refer to 77e(b). This confusion is not fatal to the proposed order, but it does require court time to consider. Ms. Longo to serve a copy of this EO upon the defendants. re #6 Notice (Other), #1 Complaint. (JUDGE SUSAN OKI MOLLWAY)(tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
October 21, 2013 Filing 15 DEFAULT BY CLERK RE: DEFENDANT RONALD ZAUCHA re #13 . (emt, )
October 18, 2013 Filing 14 CERTIFICATE OF SERVICE by Securities and Exchange Commission re #13 MOTION for Entry of Default (Longo, Amy)
October 18, 2013 Filing 13 REQUEST by Plaintiff Securities and Exchange Commissioner for Clerk to Enter Default Against Defendant Ronald Zaucha Amy J. Longo appearing for Plaintiff Securities and Exchange Commission (Attachments: #1 Declaration, #2 Default by Clerk Re: Ronald Zaucha)(Longo, Amy) Modified on 10/21/2013 (emt, ).
October 17, 2013 Filing 12 CERTIFICATE OF SERVICE by Securities and Exchange Commission re #9 Notice (Other) POS - Mail (Longo, Amy)
October 17, 2013 CORRECTIVE ENTRY. The entry docket number #9 Proof of Service (entered in ECF as "Notice") filed by Securities and Exchange Commission was filed incorrectly in this case. Please be advised that the document is signed "/s/Henry A. Forgione" but e-filed using Amy Longo's ECF Login. LR100.5.1. states "The name of the CM/ECF user under whose login and password the document is being electronically filed must be preceded by "/s/" and typed in the space where the signature otherwise would appear (e.g. /s/ John or Jane Lawyer)." The filing party is also advised that filer's identification should be referenced in the upper left hand corner of the first page, refer to LR10.2.(b) Identification of Person Filing Document. Lastly, the docketing event for Certificate of Service is located in the "Service of Process" category. The filing party shall re-submit a corrected filing. (emt, )
October 16, 2013 Filing 11 PROOF OF SERVICE OF SUMMONS - SUMMONS Returned Executed by Securities and Exchange Commission. Ronald Zaucha served on 9/25/2013, answer due 10/16/2013. (The Clerks Office re-enters this document (e-filed by Amy Longo on 10/16/2013) to reflect as a "summons returned executed".) (emt, )
October 16, 2013 Filing 10 PROOF OF SERVICE OF SUMMONS - SUMMONS Returned Executed by Securities and Exchange Commission. Troy Lyndon served on 9/25/2013, answer due 10/16/2013. The Clerks Office re-enters this document (e-filed by Amy Longo on 10/16/2013) to reflect as a "summons returned executed". (emt, )
October 16, 2013 Filing 9 NOTICE by Securities and Exchange Commission re #6 Notice (Other) Proposed Judgment Securities and Exchange Commission. (Longo, Amy)
October 16, 2013 Filing 8 (document re-entered as docket entry #11 Summons returned executed) AFFIDAVIT of Service for Complaint served on Ronald Zaucha on 09-26-2013, filed by Securities and Exchange Commission. (Longo, Amy) Modified on 10/17/2013 (emt, ).
October 16, 2013 Filing 7 (document re-entered as docket entry #10 Summons returned executed) AFFIDAVIT of Service for Complaint served on Troy Lyndon on 09-26-2013, filed by Securities and Exchange Commission. (Longo, Amy) Modified on 10/17/2013 (emt, ).
October 16, 2013 Filing 6 (NOTICE) CONSENT of Defendant Troy Lyndon to Entry of Judgment of Permanent Injunction and Other Relief - by Securities and Exchange Commission re #1 Complaint Securities and Exchange Commission. (Longo, Amy) Modified on 10/17/2013 to clarify docket text to correlate to caption (emt, ).
September 24, 2013 Filing 5 Summons Issued as to Ronald Zaucha. (emt, )
September 24, 2013 Filing 4 Summons Issued as to Troy Lyndon. (emt, )
September 24, 2013 Filing 3 Filing fee: $ 400, receipt number HI009374 re #1 Complaint. (emt, )
September 24, 2013 Opinion or Order Filing 2 Order Setting Rule 16 Scheduling Conference for 09:00AM on 12/23/2013 before JUDGE KEVIN S.C. CHANG - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 9/24/13. (Attachments: #1 Memo from Clerk Re: Corporate Disclosure Statements)(emt, )
September 24, 2013 Filing 1 COMPLAINT against All Defendants - filed by Securities and Exchange Commission. (Attachments: #1 Civil Cover Sheet)(emt, )

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Plaintiff: Securities and Exchange Commission
Represented By: Amy J. Longo
Represented By: Karen Matteson
Represented By: Lucee Kirka
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Defendant: Troy Lyndon
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Defendant: Ronald Zaucha
Represented By: Donny E. Brand
Represented By: Lars Peterson
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