US Commodity Futures Trading Commission v. Simmons et al

Plaintiff: US Commodity Futures Trading Commission
Intervenor: Claggett & Sons, Inc. and United States
Defendant: Divine Stewardship, LLC, Safe Harbor Wealth, Inc., Jonathan Davey, Divine Circulation Services, LLC, Safe Harbor Ventures, Inc., Safe Harbor Wealth Investments, Inc., Bryan Coats, Genesis Wealth Management, LLC, Keith F. Simmons, Black Diamond Capital Solutions, LLC, Black Diamond Holdings, LLC, Deanna Ray Salazar and Life Plus Group, LLC
 
Case Number: 3:2011cv00023
Filed: January 13, 2011
 
Court: North Carolina Western District Court
Office: Charlotte Office
County: Mecklenburg
Referring Judge: David Keesler
Presiding Judge: Robert J. Conrad
 
Nature of Suit: Securities/Commodities/Exchanges
Cause of Action: 7:6
Jury Demanded By: Defendant

Available Case Documents

The following documents for this case are available for you to view or download:
Date Filed#Document Text
October 1, 2013 101 Opinion or Order of the Court ORDER denying without prejudice 100 Motion to Stay Deadlines. Signed by Magistrate Judge David Keesler on 10/1/2013. (Pro se litigant served by US Mail.) (tmg)
January 18, 2011 17 Opinion or Order of the Court ORDER granting 15 Motion for Leave to Appear Pro Hac Vice, added Michael F. Copley for Shiloh Estate, LLC. Signed by Magistrate Judge David Keesler on 1/18/2011. (tmg)
January 18, 2011 18 Opinion or Order of the Court ORDER granting 16 Motion for Leave to Appear Pro Hac Vice, added Douglas M. Beard for Shiloh Estate, LLC. Signed by Magistrate Judge David Keesler on 1/18/2011. (tmg)
January 19, 2011 19 Opinion or Order of the Court Consent Restraining Order and Preliminary Injunction regarding transfer and disposal of assets, directing financial institution to provide counsel with statement and accounting regarding assets held within 10 days of entry of Order (see order for further details). Signed by Chief Judge Robert J. Conrad, Jr on 1/19/11. copy of order mailed to Brian Bieber(chh)
February 11, 2011 47 Opinion or Order of the Court ORDER granting 3 Motion for Statutory Restraining Order, Accounting, Expedited Discovery, Order to Show Cause Regarding Preliminary Injunction, and Other Equitable Relief. Defendants shall appear before this Court on Tuesday , February 23, 2011 at 10:00 am in the Robert D. Potter Courtroom, Charlotte, NC, to show cause if there be any, why an Order for Preliminary Injunction should not be granted to prohibit further violations of the Act and why the other relief requeste d should not be granted pending trial on the merits of this action. Any memorandum of law or other papers in opposition the Plaintiff's Motion for a Preliminary Injunction shall be filed on or before Wednesday, 2/16/11. In addition to the Defend ants, Relief Defendant Shiloh Estates, LLC, is invited to attend the hearing, where it will be allowed the opportunity to show cause why its property should not remain frozen or be disgorged. This Order shall remain in full force and effect until further order of this Court and that this Court retains jurisdiction of this matter for all purposes. Signed by Chief Judge Robert J. Conrad, Jr on 2/11/11. (gpb)
February 17, 2011 63 Opinion or Order of the Court ORDER re 58 MOTION to Intervene and MOTION to Stay Civil Discovery. The Court declines to rule on Motion 58 at this time, but informs the parties that the motion may be addressed at the hearing currently scheduled f or 10:00 am on Wednesday, 2/23/11 in the Robert D. Potter Courtroom, 401 W Trade St, Charlotte, NC 28202 before Chief Judge Robert J. Conrad Jr. Counsel for the United States should therefore be present and ready to address this motion if called upon. Signed by Magistrate Judge David Keesler on 2/17/11. (gpb)
March 15, 2011 69 Opinion or Order of the Court ORDER granting 58 Motion to Intervene; granting 58 Motion to Stay Discovery until 2/28/12. Signed by Chief Judge Robert J. Conrad, Jr on 3/15/11. (com)
March 31, 2011 73 Opinion or Order of the Court CONSENT ORDER of Preliminary Injunction and Other Equitable Relief Against Defendants Bryan Coats, Genesis Wealth Management, L.L.C., Jonathan Davey, Divine Circulation Services, L.L.C., Safe Harbor Ventures Inc., Safe Harbor Wealth Investments, Inc., Devine Stewardship, L.L. C., and Safe Harbor Wealth, Inc. This Order shall remain in full force and effect until further order of this Court and that this Court retains jurisdiction of this matter for all purposes. The other Orders previously ordered by the Court on February 11, 2011 shall remain in full force until further order of this Court, with the exception of those provisions of Section VI of the Order granting expedited discovery, which are stayed pursuant to the Court's Order of March 15, 2011 staying discovery in this matter. Signed by Chief Judge Robert J. Conrad, Jr on 3/30/11. (chh)
April 4, 2011 74 Opinion or Order of the Court Order of Preliminary Injunction and Other Equitable Relief against Defendants Keith Simmons, Black Diamond Capital Solutions, LLC, and Black Diamond Holdings, LLC. Signed by Chief Judge Robert J. Conrad, Jr on 4/4/11. (com)
April 13, 2011 76 Opinion or Order of the Court ORDER granting 75 Motion for Certain Business Expenses to Defendant Safe Harbor Wealth, Inc. and Reasonable Living Expenses to Defendant Jonathan Davey. Signed by Chief Judge Robert J. Conrad, Jr on 4/13/2011. (tmg)
April 28, 2011 78 Opinion or Order of the Court ORDER granting 77 Motion for Reasonable Living Expenses to Defendant Deanna Salazar and Relief Defendant Lawrence Salazar. Signed by Chief Judge Robert J. Conrad, Jr on 4/22/2011. (tmg)
June 28, 2011 80 Opinion or Order of the Court ORDER granting 79 Motion amending PI Order to grant reasonable living expenses to Coats as set forth in order. Signed by Chief Judge Robert J. Conrad, Jr on 6/28/2011. (bsw)
October 7, 2011 89 Opinion or Order of the Court CONSENT ORDER TO PERMIT THE SALE OF CERTAIN REAL PROPERTY LOCATED AT 459 ORCHARD DRIVE IN GRANVILLE, OHIO. Signed by Chief Judge Robert J. Conrad, Jr on 10/7/11. (gpb)
November 14, 2011 90 Opinion or Order of the Court ORDER denying 81 Motion for Relief from Consent Order to Permit Distribution of Recovered Funds to DCS Shareholders; denying 83 Motion for Order to Show Cause. The provision of this Court's Statutory Restraining Or der requiring the repatriation of all the defendants' assets applies to both existing Assets and Assets acquired after the effective date of this Order; and The Court orders Defendants to transfer the $3,644,708 it is holding in Citilegal's trust account, see (Doc. No. 81-3), to the territory of the United States and file proof of compliance within thirty (30) days of the date of this Order. Signed by Chief Judge Robert J. Conrad, Jr on 11/14/11. (gpb)
February 28, 2012 93 Opinion or Order of the Court ORDER granting 92 Motion Extend Stay of Civil Discovery. Signed by Chief Judge Robert J. Conrad, Jr on 2/28/12. (com)
May 14, 2012 99 Opinion or Order of the Court Consent ORDER modifying the Statutory Restraining Order for the Limited Purpose of Permitting the Transfer of Certain Funds to the Clerk of Court. Signed by Chief Judge Robert J. Conrad, Jr on 5/8/12. (Pro se litigant served by US Mail.)(ssh)

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Plaintiff: US Commodity Futures Trading Commission
Represented By: Alan Edelman
Represented By: James H. Holl, III
Represented By: Anne Marie Termine
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Intervenor: Claggett & Sons, Inc.
Represented By: Douglas Michael Beard
Represented By: Michael F. Copley
Represented By: Jacob H. Sussman
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Intervenor: United States
Represented By: Kurt W. Meyers
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Defendant: Divine Stewardship, LLC
Represented By: E. Fitzgerald Parnell, III
Represented By: Joseph Edward Zeszotarski, Jr.
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Defendant: Safe Harbor Wealth, Inc.
Represented By: E. Fitzgerald Parnell, III
Represented By: Joseph Edward Zeszotarski, Jr.
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Defendant: Jonathan Davey
Represented By: Joseph Edward Zeszotarski, Jr.
Represented By: E. Fitzgerald Parnell, III
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Defendant: Divine Circulation Services, LLC
Represented By: Joseph Edward Zeszotarski, Jr.
Represented By: E. Fitzgerald Parnell, III
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Defendant: Safe Harbor Ventures, Inc.
Represented By: Joseph Edward Zeszotarski, Jr.
Represented By: E. Fitzgerald Parnell, III
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Defendant: Safe Harbor Wealth Investments, Inc.
Represented By: Joseph Edward Zeszotarski, Jr.
Represented By: E. Fitzgerald Parnell, III
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Defendant: Bryan Coats
Represented By: Joseph H. Nanney, Jr.
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Defendant: Genesis Wealth Management, LLC
Represented By: Joseph H. Nanney, Jr.
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Defendant: Keith F. Simmons
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Defendant: Black Diamond Capital Solutions, LLC
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Defendant: Black Diamond Holdings, LLC
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Defendant: Deanna Ray Salazar
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Defendant: Life Plus Group, LLC
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