Securities and Exchange Commission v. Discala et al
| Securities and Exchange Commission |
| Abraxas J. Discala, Marc E. Wexler, Matthew A. Bell, Craig L. Josephberg, Ira Shapiro, Michael T. Morris, Ronald M. Heineman and Darren L. Ofsink |
| U.S. Attorney's Office and Michael Morris |
| 1:2014cv04346 |
| July 17, 2014 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Marcia M Henry |
| Eric N Vitaliano |
| Securities/Commodities |
| 15 U.S.C. § 77 Securities Fraud |
| None |
Docket Report
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| Case Reassigned to Magistrate Judge Marcia M. Henry. Magistrate Judge Robert M. Levy no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Mahoney, Brenna) |
| Filing 49 STATUS REPORT by Securities and Exchange Commission (Brody, Todd) |
ORDER re #49 Status Report filed by Securities and Exchange Commission. In light of the status report, the stay in this action shall remain in effect. Ordered by Judge Eric N. Vitaliano on 4/5/2019. (Gottlieb, Spencer)
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| Filing 48 NOTICE of Appearance by Todd Daniel Brody on behalf of Securities and Exchange Commission (aty to be noticed) (Brody, Todd) |
| Filing 47 NOTICE of Appearance by Brian Philip Lanciault on behalf of Michael T. Morris (aty to be noticed) (Lanciault, Brian) |
| Filing 46 NOTICE of Appearance by Brian David Waller on behalf of Michael T. Morris (aty to be noticed) (Waller, Brian) |
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STATUS REPORT ORDER. The parties are directed to file a status report by 4/5/2019. Ordered by Judge Eric N. Vitaliano on 3/22/2019. (Gottlieb, Spencer)
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| Filing 45 Letter Request for Clarification by Ira Shapiro (Greenberg, Richard) |
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ORDER The Court is in receipt of defendant Shapiro's letter seeking clarification #45 . The discovery stay dated November 19, 2014 #15 remains in effect. Discovery and defendants' time to answer are stayed pending resolution of the criminal case. Ordered by Judge Eric N. Vitaliano on 2/12/2016. (Atkinson, Torie)
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| Filing 44 NOTICE of Appearance by Christopher Bruno on behalf of Darren L. Ofsink (aty to be noticed) (Bruno, Christopher) |
| NOTICE: Order scheduling an initial conference for March 30, 2016 was filed in error and deleted from docket on 02/09/16. Please disregard initial conference order. (Marino, Janine) |
| Filing 43 WAIVER OF SERVICE Returned Executed by Securities and Exchange Commission. Michael T. Morris waiver sent on 1/19/2016, answer due 3/21/2016. (Birnbaum, Michael) |
| Filing 42 WAIVER OF SERVICE Returned Executed by Securities and Exchange Commission. Ronald M. Heineman waiver sent on 1/19/2016, answer due 3/21/2016. (Birnbaum, Michael) |
| Filing 41 WAIVER OF SERVICE Returned Executed by Securities and Exchange Commission. Darren L. Ofsink waiver sent on 1/19/2016, answer due 3/21/2016. (Birnbaum, Michael) |
| Filing 40 AMENDED COMPLAINT First Amended Complaint against All Defendants, filed by Securities and Exchange Commission. (Birnbaum, Michael) |
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ORDER denying Morris' #29 Motion to Intervene; granting the SEC's #30 Motion to Amend/Correct/Supplement. Morris may answer or move after he has been served. Ordered by Judge Eric N. Vitaliano on 1/14/2016. (Atkinson, Torie)
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| Filing 39 NOTICE of Appearance by Steven Y. Yurowitz on behalf of Ira Shapiro (aty to be noticed) (Yurowitz, Steven) |
| Filing 38 NOTICE of Appearance by Richard A. Greenberg on behalf of Ira Shapiro (aty to be noticed) (Greenberg, Richard) |
| Filing 37 NOTICE of Appearance by David Usher Gourevitch on behalf of Ira Shapiro (aty to be noticed) (Gourevitch, David) |
| Filing 36 REPLY in Support re #29 MOTION to Intervene , #30 First MOTION to Amend/Correct/Supplement Complaint filed by Securities and Exchange Commission. (Attachments: #1 Exhibit A) (Birnbaum, Michael) |
| Filing 35 AFFIDAVIT/DECLARATION in Opposition re #30 First MOTION to Amend/Correct/Supplement Complaint by Michael Morris filed by Securities and Exchange Commission. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Birnbaum, Michael) |
| Filing 34 MEMORANDUM in Opposition re #30 First MOTION to Amend/Correct/Supplement Complaint by Michael Morris filed by Securities and Exchange Commission. (Birnbaum, Michael) |
| Filing 33 MEMORANDUM in Opposition re #30 First MOTION to Amend/Correct/Supplement Complaint by Ira Shapiro filed by Securities and Exchange Commission. (Birnbaum, Michael) |
| Filing 32 AFFIDAVIT/DECLARATION in Support re #30 First MOTION to Amend/Correct/Supplement Complaint filed by Securities and Exchange Commission. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Birnbaum, Michael) |
| Filing 31 MEMORANDUM in Support re #30 First MOTION to Amend/Correct/Supplement Complaint filed by Securities and Exchange Commission. (Birnbaum, Michael) |
| Filing 30 First MOTION to Amend/Correct/Supplement Complaint by Securities and Exchange Commission. (Birnbaum, Michael) |
| Filing 29 MOTION to Intervene by Michael Morris. (Fritz, Maranda) |
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ORDER The Court adopts the Commission's briefing schedule for its motion to amend with modification. The Commission's motion and supporting documents to be served by November 30, 2015. Responsive papers to be served by December 18, 2015. Replies to be served, and all documents ECF filed, by December 23, 2015. Ordered by Judge Eric N. Vitaliano on 11/18/2015. (Atkinson, Torie)
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| Filing 28 Letter providing status update by Securities and Exchange Commission (Birnbaum, Michael) |
| Filing 27 NOTICE of Appearance by Michael David Birnbaum on behalf of Securities and Exchange Commission (aty to be noticed) (Birnbaum, Michael) |
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ORDER In light of #26 the Commission's efforts to communicate with defendants and obtain consent for the requested motion, the Commission is directed to file a status report by 11/13/15. Ordered by Judge Eric N. Vitaliano on 11/5/2015. (Atkinson, Torie)
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| Filing 26 Letter re Amending Complaint by Securities and Exchange Commission (Attachments: #1 Exhibit A, #2 Exhibit B) (Pollock, Sheldon) |
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Filing 25
ENDORSED ORDER OF SUBSTITUTION OF COUNSEL on document #24, granting #24 Motion to Substitute Attorney. Added attorney Charles A. Ross and Dorea Helene Silverman for Abraxas J. Discala. Attorney Chad D. Seigel terminated. (Ordered by Judge Eric N. Vitaliano on 2/24/2015) c/m (Galeano, Sonia)
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| Filing 24 First MOTION to Substitute Attorney by Abraxas J. Discala. (Ross, Charles) |
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Filing 23
ORDER to Substitute Atty: That J. Roberto Cardenas, Esq. will now represent Deft Marc E. Wexler. (So Ordered by Judge Eric N. Vitaliano on 1/28/2015) (Galeano, Sonia)
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| Filing 22 STIPULATION and [Proposed] Order of Substitution of Counsel by Marc E. Wexler (Carpenito, Craig) |
| Filing 21 Letter to Notify the Court that we have been Informed that Defendant Marc Wexler has Retained New Counsel Jude Robert Cardenas, Esq. to Substitute for Alston & Bird LLP as Mr. Wexlers Counsel by Marc E. Wexler (Carpenito, Craig) |
| Filing 20 NOTICE of Appearance by Jude Roberto Cardenas on behalf of Marc E. Wexler (aty to be noticed) (Cardenas, Jude) |
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ORDER terminating #19 Motion for Extension of Time to Answer as moot in light of the Court's Order Granting Motion to Stay the proceedings, see Docket #15 . Ordered by Judge Eric N. Vitaliano on 12/8/2014. (Elbogen, Amanda)
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| Filing 19 Letter MOTION for Extension of Time to File Answer by Abraxas J. Discala. (Tacopina, Joseph) |
| Filing 18 NOTICE of Appearance by Matthew G. DeOreo on behalf of Abraxas J. Discala (aty to be noticed) (DeOreo, Matthew) |
| Filing 17 NOTICE of Appearance by Chad D. Seigel on behalf of Abraxas J. Discala (aty to be noticed) (Seigel, Chad) |
| Filing 16 NOTICE of Appearance by Joseph Tacopina on behalf of Abraxas J. Discala (aty to be noticed) (Tacopina, Joseph) |
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ORDER granting #11 Motion to Intervene. See Docket #15 . Ordered by Judge Eric N. Vitaliano on 11/24/2014. (Elbogen, Amanda)
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ORDER terminating #14 Motion for Extension of Time to File as moot in light of the Court's Order Granting Motion to Stay the proceedings, see Docket #15 . Ordered by Judge Eric N. Vitaliano on 11/24/2014. (Elbogen, Amanda)
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Filing 15
ORDER, granting #11 Motion to Stay. (See attached for details). Ordered by Judge Eric N. Vitaliano on 11/19/2014. (Layne, Monique)
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| Filing 14 Letter MOTION for Extension of Time to File Response to Complaint by Marc E. Wexler. (Attachments: #1 Stipulation and Proposed Order) (Carpenito, Craig) |
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ORDER granting #13 Motion to Adjourn Conference. Ordered by Magistrate Judge Robert M. Levy on 11/19/2014. (Marino, Janine)
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| Filing 13 MOTION to Adjourn Conference Scheduled for Nov. 21, 2014 by Securities and Exchange Commission. (Watkins, Matthew) |
| Filing 12 SUMMONS Returned Executed by Securities and Exchange Commission. Abraxas J. Discala served on 11/14/2014, answer due 12/5/2014. (Watkins, Matthew) |
| Filing 11 MOTION to Intervene , MOTION to Stay by U.S. Attorney's Office. (Attachments: #1 Memorandum in Support, #2 Proposed Order) (Paes, Winston) |
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ORDER granting #10 Motion for Extension of Time to FileThe defendant's request for a sixty-day extension is granted. The defendant now has until November 21, 2014 to respond to the complaint.Ordered by Judge Eric N. Vitaliano on 9/24/2014. (Elbogen, Amanda)
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| Filing 10 MOTION for Extension of Time to File Response to Complaint by Marc E. Wexler. (Attachments: #1 Stipulation and Proposed Order) (Carpenito, Craig) |
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Filing 9
ORDER: An initial conference has been scheduled for November 21, 2014 at 11:00 a.m., before the Honorable Robert M. Levy, United States Magistrate Judge at 225 Cadman Plaza East, Brooklyn, New York. Parties are directed to check-in with chambers, Room 1223-S, upon arrival. All counsel must be present. Plaintiff(s) counsel is directed to confirm with defendant(s) counsel that all necessary participants are aware of this conference. Ordered by Magistrate Judge Robert M. Levy on 8/26/2014. (Marino, Janine)
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| Filing 8 WAIVER OF SERVICE Returned Executed by Securities and Exchange Commission. Marc E. Wexler waiver sent on 7/24/2014, answer due 9/22/2014. (Watkins, Matthew) |
| Filing 7 WAIVER OF SERVICE Returned Executed by Securities and Exchange Commission. Ira Shapiro waiver sent on 7/24/2014, answer due 9/22/2014. (Watkins, Matthew) |
| Filing 6 WAIVER OF SERVICE Returned Executed by Securities and Exchange Commission. Craig L. Josephberg waiver sent on 7/24/2014, answer due 9/22/2014. (Watkins, Matthew) |
| Filing 5 WAIVER OF SERVICE Returned Executed by Securities and Exchange Commission. Matthew A. Bell waiver sent on 7/24/2014, answer due 9/22/2014. (Watkins, Matthew) |
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ORDER REASSIGNING CASE. Case reassigned to Judge Eric N. Vitaliano as related to 14cr399 for all further proceedings. Judge William F. Kuntz, II no longer assigned to case. Ordered by Chief Judge Carol Bagley Amon on 7/18/2014. (Bowens, Priscilla)
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| Filing 4 Notice of Related Case (Davis, Kimberly) |
| Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) |
| Filing 2 Summons Issued as to Matthew A. Bell, Abraxas J. Discala, Craig L. Josephberg, Ira Shapiro, Marc E. Wexler. (Davis, Kimberly) |
| Filing 1 COMPLAINT against Matthew A. Bell, Abraxas J. Discala, Craig L. Josephberg, Ira Shapiro, Marc E. Wexler, filed by Securities and Exchange Commission. (Attachments: #1 Civil Cover Sheet) (Davis, Kimberly) |
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