US Commodity Futures Trading Commission v. Monica Sue Schiera et al
US Commodity Futures Trading Commission |
Monica Sue Schiera, Monica Schiera-Main, Monica S Montes, Brian Main, Gemancer Inc, Trade Pro Inc, Moni Inc, Body Blasters, Ria Riviera Inc, Success Direct and Tri Lynx Inc |
2:2005cv02660 |
April 12, 2005 |
US District Court for the Central District of California |
Jeffrey W Johnson |
Christina A Snyder |
Securities/Commodities |
None |
Docket Report
This docket was last retrieved on April 26, 2007. A more recent docket listing may be available from PACER.
Document Text |
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Filing 149 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Christina A. Snyder ORDERING notice of filing proposed consent order submitted by Plaintiff US Commodity Futures Trading Commission received on 4/25/07 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(bp, ) |
Filing 148 CONSENT ORDER of Permanent Injunction and other equitable relief against defendants Monica Schiera Main and Brian Main. Upon entry of this order, defendant Schiera Main is liable for the judgment is entered against her in the amount of $1,290.000 as a civil monetary penalty. Upon entry of htis order, defendant Main is liable for and judgment is entered against him in the amount of $120,000, plus the amount of money currently frozen, described below in paragraph 3, for a total amount of approximately $207,772 as a civil monetary penalty. All prior freeze orders are dissolved and all frozen funds shall be transferred to the Commodity Futures Trading Commission attributable to Brian Main's civil monetary penalty. by Judge Christina A. Snyder(bp, ) |
Filing 147 NOTICE of filing consent order of permanent injunction and other ancillary relief against defendants Monica Scheira Main and Brian Main filed by plaintiff US Commodity Futures Trading Commission. (bp, ) |
Filing 146 ORDER RE GOOD FAITH SETTLEMENT: ORDERED that the Consent Decree entered into by plaintiff and defendants Monica Sue Schiera and Brian Main shall exclude any liability with respect to any of the default judgments entered against the corporate defendants' in this matter, and that said Consent Decree shall be deemed to be good faith settlement according to the terms of California Code of Civil Procedure Section 877.6 by Judge Christina A. Snyder,, (Made JS-6. Case Terminated.)(bp, ) |
Filing 144 MINUTES OF Telephone Conference held before Judge Christina A. Snyder : The court confers with counsel and counsel inform court of the parties' progress. Counsel anticipate filing the proposed consent decree shortly. If any delays or issues arise in finalizing the parties' settlement, counsel shall contact the courtroom deputy clerk.Court Reporter: Not present. (bp, ) |
Filing 145 NOTICE of filing declarations of defendants under penalty of perjury and financial statements filed by defendants' Brian Main, Monica Sue Schiera. (bp, ) |
Filing 143 MINUTES OF FurtherSettlement Conference held before Judge Christina A. Snyder : Counsel informs the court of the parties continued progress in finalizing settlement and finalization is anticipated to be completed by mid February, 2007. The court sets a telephonic status conference re: settlement completion on 1/28/07 at 12:00 p.m. (noon) and 2/28/07 at 12:00 p.m. (noon).Court Reporter: Not present. (bp, ) |
Telephone Conference set for 2/28/2007 12:00 PM before Judge Christina A. Snyder. (bp, ) |
Filing 141 MINUTES OF Motion Hearing held before Judge Christina A. Snyder : Plaintiff's application for default judgment by court against defendants. Hearing held and plaintiff's counsel is present. No appearance is made on behalf of defendants. The court confers with plaintiff's counsel. The court GRANTS plaintiff's application for default judgment by court. The court executes plaintiff's proposed order forthwith. Court Reporter: Laura Elias. (bp, ) |
Filing 140 DEFAULT JUDGMENT: Gemancer I, Gemancer II, and Trade Pro, and all persons insofar as they are acting in the capacity of their agents, servants, employees, successors, assigns, and attorneys and all persons insofar as they are acting in active concert or participation with them who receive actual notice of such order by personal service or otherwise, are permanently restrained, enjoined and prohibited from directly or indirectly: While acting as CTA's, or principals thereof, employing any device, scheme, or artifice to defraud any client or prospective client; or engaging in any transaction, practice, or course of business which operates as a fraud or deceit upon any client or prospective client, by use of the mails or any means or instrumentaligy of interstate commerce. Corporate defendants' Gemancer I, Gemancer II, and Trade Pro are jointly and severally liable to pay within 30 days of the date of this order disgorement in the amount of $3 million ($3,000,00) plus pre-and post-judgment interest. Relief defendant Moni Inc. shall be liable and shall pay disgorgement of $127,407 plus p;re-and post judgment interest within 30-days of the date of this order. Relief defendant Ria Riviera Inc. shall be liable and shall pay disgorgement of $81,820 plus pre- and post-judgment interest within 30 days of the date of htis order. Relief defendant Body Blasters, Inc. shall be liable and shall pay disgorgement of $51,938 plus pre-and post-judgment interest within 30-days of the date of this order by Judge Christina A. Snyder 136 .(bp, ) |
Filing 139 MINUTES OF IN CHAMBERS ORDER held before Judge Christina A. Snyder : The court continues the Further Settlement Conference to 1/3/2007 12:00 PM.Court Reporter: Not present. (bp, ) |
Filing 142 Mail Returned addressed to Monica Sue Schiera re #126 Order/Refer to ADR Program (other)(ADR-12) (bp, ) |
Filing 137 DECLARATION of Brian and Monica Main filed by Defendants Brian Main, Monica Sue Schiera, under penalty of perjury. (bp, ) |
Filing 136 APPLICATION for Default Judgment against defendants' Gemancer, Inc, Gemancer II, Inc. and Trade Pro, Inc., Ria Rivera, Inc., Body Blasters, Inc., Success Direct, Inc., and Tri Lynx, Inc. filed by plaintiff US Commodity Futures Trading Commission. Application set for hearing on 12/11/2006 at 10:00 AM before Judge Christina A. Snyder. (bp, ) |
Filing 138 MINUTES OF Settlement Conference held before Judge Christina A. Snyder : Defendant Main is ordered to file a financial statement under penalty of perjury no later than November 16, 2006. Counsel are ordered to meet and confer to resolve settlement issues. The court sets a further settlement conference on 12/7/2006 at 12:00 PM before Judge Christina A. Snyder.Court Reporter: Sheri Kleeger. (bp, ) |
Filing 135 MINUTES OF Further Settlement Conference held before Judge Christina A. Snyder : Defendant Main is ordered to file a financial statement under penalty of perjury no later than 11/16/06.Court Reporter: Sheri Kleeger. (bp, ) |
Filing 134 MEMORANDUM in Support of APPLICATION for Default Judgment against defendants' Gemancer, Inc., Gemancer, II, Inc. and Trade Pro, Inc. 132 filed by plaintiff US Commodity Futures Trading Commission. (bp, ) |
Filing 133 APPENDIX IN SUPPORT OF APPLICATION for Default Judgment against defendants' Gemancer, Inc., Gemancer, II, Inc. and Trade Pro, Inc. 132 filed by plaintiff US Commodity Futures Trading Commission. (bp, ) |
Filing 132 APPLICATION for Default Judgment against defendants' Gemancer, Inc., Gemancer, II, Inc. and Trade Pro, Inc. filed by plaintiff US Commodity Futures Trading Commission. Lodged proposed order. (bp, ) |
Filing 130 MINUTES: The court has DENIED the notice of document discrepancies allowing plaintiff's application for default judgment and supporting documents to be filed. The court hereby extends its order to show cause and plaintiff shall show cause in writing not later than 11/11/06 why this action should not be dismissed for lack of prosecution as to defendants Brian Main; Gemancer, Inc.; Trade Pro, Inc.; Moni Inc,; Body Blasters; Ria Riviera, Inc.; Success Direct; and TRI Lynx, Inc. only. Judge Christina A. Snyder :Court Reporter: Not present. (bp, ) |
Filing 129 MINUTES OF Settlement Conference held before Judge Christina A. Snyder : The court ORDERS this matter continued to 11/2/2006 01:00 PM. for a further settlement conference before Judge Christina A. Snyder.Court Reporter: Laura Elias. (bp, ) |
Filing 131 NOTICE OF DISCREPANCY AND ORDER: by Judge Christina A. Snyder, ORDERING application for default submitted by Plaintiff US Commodity Futures Trading Commission received on 10/17/06 is not to be filed but instead rejected. Denial based on: memorandum brief exceed 35 pages.(bp, ) |
Filing 128 MINUTES: IT IS HEREBY ORDERED that PLAINTIFF show cause in writing not later than 10/17/06 why this action should not be dismissed for lack of prosecution as to defendants Gemancer, Inc.; Trade Pro, Inc.; Moni, Inc.; Body Blasters; Ria Riviera, Inc.; Success Direct; and Tri Lynx, Inc., only. Judge Christina A. Snyder :Court Reporter: Not present. (bp, ) |
Filing 127 MINUTES OF Scheduling Conference held before Judge Christina A. Snyder:Request for leave to file amended pleadings or to add parties: 10/31/2006. Discovery cut-off 2/2/2007. Last day to file motions 4/3/2007. Jury Trial set for 7/9/2007 09:30 AM before Judge Christina A. Snyder. Pretrial Conference set for 6/18/2007 11:00 AM before Judge Christina A. Snyder. Settlement Conference set for 10/20/2006 10:00 AM before Judge Christina A. Snyder.Court Reporter: Laura Elias. (bp, ) |
Filing 126 ORDER/REFERRAL to ADR Pilot Program by Judge Christina A. Snyder, court will conduct mediation(bp, ) |
Filing 125 JOINT REPORT Rule 26(f) Discovery Plan filed; estimated length of trial 7-days. (bp, ) |
Filing 124 MINUTES: The court resets the scheduling conference on 9/25/06 at 11:00 a.m. Counsel shall refer to this court's initial minute order setting scheduling conference dated 7/21/05 re: compliance prior to the rule 16(b) scheduling conference on 9/25/06. Judge Christina A. Snyder.Court Reporter: Not present. (bp, ) |
Filing 122 CERTIFICATION of Interested Parties filed by Defendants Brian Main, Monica Sue Schiera. (bp, ) |
Filing 121 ORDER by Judge Christina A. Snyder : granting 120 Request to Substitute Attorney. Sttorney Jonathan Schwartz retained counsel as attorney of record in place and stead of Brian Main and Monica Sue Schiera, in pro per. (bp, ) |
Filing 120 REQUEST to Substitute attorney Jonathan Schwartz in place of attorney Monica Schiera Main and Brian Main in pro per filed by defendants' Brian Main, Monica Sue Schiera. Lodged proposed order. (bp, ) |
Filing 117 ORDER that the funds in the amount of $2,426.13 in the Bank of America account named Gemancer dba Trade Pro accoiunt number ending in 0102 shall be released from the asset freeze of the consent order of preliminary injunction entered 4/22/05 for the sole purpose of providing Jonathan Schwartz's attorny fees for pre-trial services; The funds in the amount of $17,979.58 13 in the Bank of America account named Brian Main account number ending in 9440 shall be released from asset freeze of the consent order of preliminary injunction entered 4/22/05 for the sole purpose of providing Jonathan Schwartz's attorney fees for pre-trial services; and no other funds shall be released from the consent order of preliminary injunction entered 4/22/05 by Judge Christina A. Snyder,(bp, ) |
Filing 119 SECOND STIPULATION Amending the 4/22/05 Preliminary Injunction #11 to permit limited access to funds for attorney fees filed by plaintiff, US Commodity Futures Trading Commission. Lodged proposed order. (sv) |
Filing 123 ORDER by Judge Christina A. Snyder : granting 118 Application to Appear Pro Hac Vice by Attorney Scott R. Williamson on behalf of plaintiff U.S. Commodity Futures Trading Commission, designating Ken Kawakami as local counsel. (bp, ) |
Filing 118 APPLICATION for attorney Scott R. Williamson to Appear Pro Hac Vice. FEE not paid. filed by plaintiff US Commodity Futures Trading Commission. Lodged proposed order. (bp, ) |
Filing 116 MINUTES: Hearing held telephonically and the parties are present. Attorney Jonathan Schwartz, possible counsel for the Main defendants, is also present. The court confers with the parties and Mr. Schwartz. The court having found good cause, hereby authorizes the release $20,000.00 to the Main defendants to retain Mr. Schwartz to represent them in the above-referenced action through settlement, instead of the $15,000.00 previously authorized. Judge Christina A. Snyder : Court Reporter: Laura Elias. (bp, ) |
Filing 115 MINUTES: The court sets a telephonic status conference re: clarification and possible retainment by the Main defendants' for 9/15/05 at 2:00 p.m. Judge Christina A. Snyder.Court Reporter: Not present. (bp, ) |
PLACED IN FILE - NOT USED re proposed order to release funds from Gemancer Trade Pro submitted by defendants' Brian Main. (bp, ) |
PLACED IN FILE - NOT USED re proposed order for defendant Brian Main to be allowed to defend his companies submitted by defendant Brian Main. (bp, ) |
PLACED IN FILE - NOT USED re proposed order for defendants to earn more funds for living submitted by defendants' Brian Main, Monica Sue Schiera. (bp, ) |
PLACED IN FILE - NOT USED re proposed order for motion to dismiss complaint submitted by defendants' Brian Main, Monica Sue Schiera. (bp, ) |
PLACED IN FILE - NOT USED re proposed order for motion for stay until defendants' retain counsel submitted by defendants' Brian Main, Monica Sue Schiera. (bp, ) |
PLACED IN FILE - NOT USED re proposed order for defendant Monica Schiera Main to be allowed to defend here companies submitted by defendant Monica Sue Schiera. (bp, ) |
Filing 113 MINUTES: Defendant's motion to dismiss for failure to state a claim is DENIED. Defendants' request for order to release funds from Gemancer Trade Pro and Brian Main's personal account is DENIED. Defendants' request for order to earn more funds for living from non-commodity sources is DENIED. Defendants' motion to stay until defendants retain counsel is DENIED. Defendants' request for order for defendant Brian Main to be allowed to defend his companies as a corporate officer in lieu of legal representation is DENIED. Defendants' motions to dismiss for improper service of summons and complaint to defendants Trade Pro, Inc. and Gemancer, Inc., is stricken. Judge Christina A. Snyder : Court Reporter: Not present. (bp, ) |
Filing 102 NOTICE OF DISCREPANCY AND ORDER: by Judge Christina A. Snyder, ORDERING motion to dismiss submitted by Defendants Brian Main, Monica Sue Schiera received on 9/1/05 is not to be filed but instead rejected. Denial based on: written notice of motion lacking timeliness.(bp, ) |
Filing 114 MINUTES: Defendant Monica Main's motion to dismsis; defendants Brian Main and Monica Main's request for order to release funds from Gemancer Trade Pro and Brian Main's personal account; defendant's Brian Main and Monica Main's request for order for defendants to earn more funds for living fron non-commodity sources; defendants Brain Main and Monica Main's motion to stay until defendant's retain counsel; Main defendants' motion to dismiss; improper service of summons and complaint to defendant Trade Pro, Inc., The court confers with the parties and the parties argue. The court adopts the tentative. The court will issue a final order. The scheduling conference is stayed pending status on defendants' retention of counsel to represent them. Judge Christina A. Snyder : Court Reporter: Laura Elias. (bp, ) |
***Terminated all deadlines and hearings. (bp, ) |
Filing 101 MINUTES: The court notifies the parties that the court will address defendants Monica Schiera Main and Brian Main's request for the court to approve their [proposed] order for defendants to earn more funds for living from the non-commodity sources lodged on 7/18/05 on 9/12/05 at 10:00 a.m. Judge Christina A. Snyder.Court Reporter: Not Present. (bp, ) |
Filing 112 PROOF OF SERVICE filed by defendants' Brian Main, Monica Sue Schiera. re Response (non-motion) 111 , was served on 8/16/05. (bp, ) |
Filing 111 Reply to plaintiff's response to the defendant's proposed order to earn more funds for living from non-commodity sources filed by Defendants Brian Main, Monica Sue Schiera (bp, ) |
Filing 110 PROOF OF SERVICE filed by defendants' Brian Main, Monica Sue Schiera. re Reply (Motion related) 105 , was served on 8/31/05. (bp, ) |
Filing 109 PROOF OF SERVICE filed by defendants Brian Main, Monica Sue Schiera. re Response to Motion 106 , was served on 8/31/05. (bp, ) |
Filing 108 PROOF OF SERVICE filed by defendants' Brian Main, Monica Sue Schiera. re Reply (Motion related) 105 , was served on 8/31/05. (bp, ) |
Filing 107 PROOF OF SERVICE filed by plaintiff Brian Main, Monica Sue Schiera. re Reply (non-motion) 104 , was served on 8/31/05. (bp, ) |
Filing 106 RESPONSE to the plaintiff's opposition to MOTION to Stay Case pending retention of counsel 48 filed by defendants' Brian Main, Monica Sue Schiera. (bp, ) |
Filing 105 REPLY to plaintiff's opposition to MOTION to Dismiss 82 filed by defendants' Brian Main, Monica Sue Schiera. (bp, ) |
Filing 104 REPLY to plaintiff's response to the defendant's opposition to the plaintiff's application for entry of technical default filed by Defendants Brian Main, Monica Sue Schiera to Response in Opposition to Motion, 88 (bp, ) |
Filing 103 REPLY to plaintiff's opposition to MOTION to Dismiss Case 42 filed by defendants' Brian Main, Monica Sue Schiera. (bp, ) |
Filing 100 JOINT REPORT Rule 26(f) Discovery Plan filed; estimated length of trial 7-days. (bp, ) |
Filing 99 ORDER by Judge Christina A. Snyder: The hearing on defendant Brian Main's motion to dismiss; Improper Service of Summons and Complaint to defendant Trade Pro, Inc., and motion to dismiss; Improper Service of Summons and Complaint to defendant Gemancer, Inc. is moved to 9/12/05 at 10:00 a.m. to be heard in conjunction with the previously scheduled motions of defendant Schiera Main and Scheduling conference; and oppositions to defendant Main's motions are to be filed on or before 8/26/05 and replies are to be filed on or before 9/2/05 98 , 98 , 84 . Honorable Christina A. Snyder.(bp, ) |
Filing 98 STIPULATION to change the hearing for defenant Main's motion to dismiss filed by plaintiff US Commodity Futures Trading Commission. Lodged proposed order. (bp, ) |
Filing 97 APPENDIX in support of plaintiff's response to defendants' proposed order to earn more funds for living from non-commodity sources and plaintiff's response to defendants' proposed order to release funds from Gemancer Trade Pro and Brian Main's personal account filed by Plaintiff US Commodity Futures Trading Commission (bp, ) |
Filing 96 OPPOSITION to MOTION to Dismiss 84 filed by plaintiff US Commodity Futures Trading Commission. (bp, ) |
Filing 95 MEMORANDUM in Support of the Opposition to MOTION to Dismiss Case 42 filed by plaintiff US Commodity Futures Trading Commission. (bp, ) |
Filing 94 OPPOSITION to defendants proposed orders for Brian Main and Monica Schiera Main to be allowed to defend their companies as corporate officer in lieu of legal representation filed by Plaintiff US Commodity Futures Trading Commission. (bp, ) |
Filing 93 OPPOSITION to MOTION to Dismiss Case 42 filed by plaintiff US Commodity Futures Trading Commission. (bp, ) |
Filing 92 RESPONSE filed by Plaintiff US Commodity Futures Trading Commission to defendant's opposition of plaintiff's application for entry of technical default against defendants, 88 (bp, ) |
Filing 91 RESPONSE to defendants' proposed order to earn more funds for living from non-commodity sources filed by Plaintiff US Commodity Futures Trading Commission (bp, ) |
Filing 90 RESPONSE to proposed order to release funds from Gemancer Trade Pro and Brian Main's personal account filed by Plaintiff US Commodity Futures Trading Commission (bp, ) |
Filing 89 PROOF OF SERVICE filed by defendant Moni Inc re OPPOSITION of Plaintiff APPLICATION for Entry of Techinical Default against defendants Gemancer Inc, Gemancer II Inc, Tri Lynx Inc, Trade Pro Inc, Success Direct Inc, Body Blasters, Moni Inc and Ria Riviera Inc 88 , was served on 8/16/2005. (jp, ) |
Filing 88 OPPOSITION of Plaintiff APPLICATION for Entry of Techinical Default against defendants Gemancer Inc, Gemancer II Inc, Tri Lynx Inc, Trade Pro Inc, Success Direct Inc, Body Blasters, Moni Inc and Ria Riviera Inc 57 , 58 , 59 , 60 , 61 , 62 , 63 , 64 filed by defendant Brian Main. (jp, ) |
Filing 87 PROOF OF SERVICE filed by defendant Brian Main. re Opposition of Plaintiff APPLICATION for Entry of Techincal Default against defendant Brian Main for Lack of Filing a prompt Answer 86 , was served on 8/16/2005. (jp, ) |
Filing 86 OPPOSITION of Plaintiff APPLICATION for Entry of Techincal Default against defendant Brian Main for Lack of Filing a prompt Answer 69 filed by defendant Brian Main. (jp, ) |
Filing 85 PROOF OF SERVICE filed by defendant Brian Main re MOTION to Dismiss; Improper Service of Summons of Complaint to Defendant Trade Pro Inc 84 , was served on 8/16/2005. (jp, ) |
Filing 84 [PREPARED] MOTION to Dismiss; Improper Service of Summons of Complaint to Defendant Trade Pro Inc filed by defendant Brian Main. Motion set for hearing on 9/19/2005 at 10:00 AM before Honorable Christina A. Snyder. Lodged Order. (jp, ) |
Filing 83 PROOF OF SERVICE filed by defendant Brian Main re MOTION to Dismiss; Improper Service of Summons of Complaint to Defendant Gemancer Inc 82 , was served on 8/16/2005. (jp, ) |
Filing 82 [PREPARED] MOTION to Dismiss; Improper Service of Summons of Complaint to Defendant Gemancer Inc filed by defendant Brian Main. Lodged Proposed Order. (jp, ) |
Filing 81 PROOF OF SERVICE of Proposed Order for defendant Brian Main to be allowed to defend her companies as a corporate officer in liew of legal representation to all defendants and relief defendants in this case in addition to the Commodity Futures Trading Commission, was served on 8/16/2005 filed by defendants Monica Shiera Main. (jp, ) |
Filing 80 PROOF OF SERVICE of Proposed Order for defendant Brian Main to be allowed to defend his companies as a corporate officer in liew of legal representation to all defendants and relief defendants in this case in addition to the Commodity Futures Trading Commission, was served on 8/16/2005 filed by defendants Brian Main. (jp, ) |
PLACED IN FILE - NOT USED re Proposed entry of default against relief defendant Success Direct Inc. Lodged 8/11/2005. (jp, ) |
PLACED IN FILE - NOT USED re Proposed Entry of Default against relief defendant Moni Inc. Lodged 8/11/2005. (jp, ) |
PLACED IN FILE - NOT USED re Proposed entry of default agaisnt defendant Gemancer II Inc. Lodged 8/11/2005. (jp, ) |
PLACED IN FILE - NOT USED re Proposed Entry of Default against relief defendant Tri Lynx Inc. Lodged 8/11/2005. (jp, ) |
PLACED IN FILE - NOT USED re Proposed Entry of Default against relief defendant Ria Riviera Inc. Lodged 8/11/2005. (jp, ) |
PLACED IN FILE - NOT USED re Proposed Entry of Default against defendant Trade Pro Inc. Lodged 8/11/2005. (jp, ) |
PLACED IN FILE - NOT USED re Proposed Entry of Default against Gemancer Inc. Lodged 8/11/2005. (jp, ) |
PLACED IN FILE - NOT USED re Proposed Entry of Default against Relief defendant Body Blasters. Lodged 8/11/2005. (jp, ) |
PLACED IN FILE - NOT USED re proposed entry of default against Ria Rivea submitted by plaintiff US Commodity Futures Trading Commission. (bp, ) |
PLACED IN FILE - NOT USED re proposed entry of default against defendant Tri Lynx, Inc. submitted by plaintiff US Commodity Futures Trading Commission. (bp, ) |
PLACED IN FILE - NOT USED re proposed entry of default against Success Direct, Inc. submitted by plaintiff US Commodity Futures Trading Commission. (bp, ) |
PLACED IN FILE - NOT USED re proposed entry of default submitted by plaintiff US Commodity Futures Trading Commission. (bp, ) |
PLACED IN FILE - NOT USED re proposed entry of default against defendant Trade Pro, Inc., submitted by plaintiff US Commodity Futures Trading Commission. (bp, ) |
PLACED IN FILE - NOT USED re proposed entry of default against defendant Body Blasters submitted by plaintiff US Commodity Futures Trading Commission. (bp, ) |
PLACED IN FILE - NOT USED re proposed entry of default against relief defendant Moni, Inc. submitted by plaintiff US Commodity Futures Trading Commission. (bp, ) |
Filing 79 NOTICE OF DEFICIENCY Re: APPLICATION for Clerk to Enter Default against defendant Ria Riviera Inc 72 , APPLICATION for Clerk to Enter Default against defendant Tri Lynx Inc 73 , APPLICATION for Clerk to Enter Default against defendant Success Direct 74 , APPLICATION for Clerk to Enter Default against defendant Moni Inc 75 , APPLICATION for Clerk to Enter Default against defendant US Commodity Futures Trading Commission 76 , APPLICATION for Clerk to Enter Default against defendant US Commodity Futures Trading Commission 77 , APPLICATION for Clerk to Enter Default against defendant Body Blasters 78 . The Clerk cannot enter the requested relief as default against defendants' entered on 8/15/05. (bp, ) |
Filing 71 MINUTES: The court is in receipt of defendant Brian Main's answer to the complaint. The court is also in receipt of plaintiff's applications for default. The court finds that complaince has been made as to this court's order to show cause for lack of prosecution issued on 7/29/05 and discharges its' order to show cause. Judge Christina A. Snyder : Court Reporter: Not present. (bp, ) |
Filing 78 FIRST AMENDED APPLICATION for Clerk to Enter Default against defendant Body Blasters filed by plaintiff US Commodity Futures Trading Commission. Lodged proposed entry of default. (bp, ) |
Filing 77 FIRST AMENDED APPLICATION for Clerk to Enter Default against defendant US Commodity Futures Trading Commission filed by plaintiff US Commodity Futures Trading Commission. Lodged lodged proposed entry of default. (bp, ) |
Filing 76 FIRST AMENDED APPLICATION for Clerk to Enter Default against defendant US Commodity Futures Trading Commission filed by plaintiff US Commodity Futures Trading Commission. Lodged lodged entry of default. (bp, ) |
Filing 75 FIRST AMENDED APPLICATION for Clerk to Enter Default against defendant Moni Inc filed by plaintiff US Commodity Futures Trading Commission. Lodged proposed entry of default. (bp, ) |
Filing 74 FIRST AMENDED APPLICATION for Clerk to Enter Default against defendant Success Direct filed by plaintiff US Commodity Futures Trading Commission. Lodged proposed entry of default. (bp, ) |
Filing 73 FIRST AMENDED APPLICATION for Clerk to Enter Default against defendant Tri Lynx Inc filed by plaintiff US Commodity Futures Trading Commission. Lodged lodged proposed order. (bp, ) |
Filing 72 FIRST AMENDED APPLICATION for Clerk to Enter Default against defendant Ria Riviera Inc filed by plaintiff US Commodity Futures Trading Commission. Lodged lodged proposed entry of default. (bp, ) Modified on 8/17/2005 (bp, ). |
Filing 70 NOTICE OF DEFICIENCY Re: APPLICATION for Clerk to Enter Default against defendant Brian Main 69 . The Clerk cannot enter the requested relief as Brian Main filed an answer on 8/1/05. (bp, ) |
Filing 69 APPLICATION for Clerk to Enter Default against defendant Brian Main filed by plaintiff US Commodity Futures Trading Commission. (bp, ) |
Filing 65 DEFAULT BY CLERK ENTERED as to Defendants Gemancer Inc, a Nevada Corporation, Gemancer, II, Inc.'a a Nevada Corporation, Trade Pro Inc, a California Corporation, Moni Inc, a Nevada Corporation, Body Blasters, a Californai Corporation, Ria Riviera Inc, a Nevada Corporation, Success Direct, a Nevada Corporation, Tri Lynx Inc., a Nevada Corporation (bp, ) |
Filing 55 MINUTES: On the court's own motion, defendant Monica Main's motion to dismiss filed on 7/18/05 is continued from 8/26/05 to 9/12/05 at 10:00 a.m. to be heard in conjunction with the Main defendants' motions and scheduling conference presently set on the same date. Judge Christina A. Snyder 42 . Court Reporter: Not present. (bp, ) |
Filing 64 APPLICATION for Clerk to Enter Default against defendant Gemancer, II Inc filed by plaintiff US Commodity Futures Trading Commission. Lodged lodged proposed default. (bp, ) |
Filing 63 APPLICATION for Clerk to Enter Default against defendant Gemancer Inc filed by plaintiff US Commodity Futures Trading Commission. Lodged lodged proposed default. (bp, ) |
Filing 62 APPLICATION for Clerk to Enter Default against defendant Body Blasters filed by plaintiff US Commodity Futures Trading Commission. Lodged lodged proposed default. (bp, ) |
Filing 61 APPLICATION for Clerk to Enter Default against defendant Ria Riviera Inc filed by plaintiff US Commodity Futures Trading Commission. Lodged lodged proposed default. (bp, ) |
Filing 60 APPLICATION for Clerk to Enter Default against defendant Success Direct filed by plaintiff US Commodity Futures Trading Commission. Lodged lodged proposed entry of default. (bp, ) |
Filing 59 APPLICATION for Clerk to Enter Default against defendant Tri Lynx Inc filed by plaintiff US Commodity Futures Trading Commission. Lodged lodged proposed entry of default. (bp, ) |
Filing 58 APPLICATION for Clerk to Enter Default against defendant Trade Pro Inc filed by plaintiff US Commodity Futures Trading Commission. Lodged lodged proposed entry of default. (bp, ) |
Filing 57 APPLICATION for Clerk to Enter Default against defendant Moni Inc filed by plaintiff US Commodity Futures Trading Commission. Lodged lodged proposed default. (bp, ) |
Filing 56 OPPOSITION to MOTION to Stay Case pending retention of counsel 48 filed by plaintiff US Commodity Futures Trading Commission. (bp, ) |
Filing 54 STIPULATION AND ORDER extending time for plaintiff to respond to defendants' motion to dismiss. Oppositions are due 8/19/05. Replies are due 8/24/05. Judge Christina A. Snyder : 42 .(bp, ) |
PLACED IN FILE - NOT USED re proposed order granting ex parte application for extension of time to respond to defendants' motion to dismiss submitted by plaintiff US Commodity Futures Trading Commission. (bp, ) |
Filing 68 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Christina A. Snyder ORDERING answer to complaint submitted by Defendant Brian Main received on 8/1/05 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(bp, ) |
Filing 50 MINUTES: On the court's own motion, the September 12, 2005 scheduling conference will be heard at the same time as the September 12, motions filed by the main defendants. The scheduling conference is advanced from 11:00 a.m. to 10:00 a.m. Judge Christina A. Snyder.Court Reporter: N/A. (bp, ) |
Filing 53 NOTICE OF DISCREPANCY AND ORDER: by Judge Christina A. Snyder, ORDERING ex parte applicatin to extend time submitted by Plaintiff US Commodity Futures Trading Commission received on 8/4/05 is not to be filed but instead rejected. Denial based on: notice to other parties of ex parte application lacking.(bp, ) |
Filing 52 EXPARTE APPLICATION for Extension of Time to respond to defendants' motion to dismiss, proposed order for defendants to earn more funds and the proposed order to release funds from Gemancer Trade Pro and Brian Main's personal account filed by plaintiff US Commodity Futures Trading Commission. Lodged proposed order. (bp, ) |
Filing 51 NOTICE of Interested Parties filed by Defendants Brian Main, Monica Sue Schiera. (bp, ) |
Filing 49 PROOF OF SERVICE filed by defendants' Brian Main, Gemancer Inc, Body Blasters, Ria Riviera Inc, Monica Sue Schiera. re MOTION to Stay Case pending retention of counsel 48 , was served on 8/1/05. (bp, ) |
Filing 48 NOTICE OF MOTION AND MOTION to Stay Case pending retention of counsel filed by defendants' Brian Main, Gemancer Inc, Body Blasters, Ria Riviera Inc, Success Direct, Tri Lynx Inc, Monica Sue Schiera. Motion set for hearing on 9/12/2005 at 10:00 AM before Honorable Christina A. Snyder. Lodged lodged proposed order. (bp, ) |
Filing 47 MINUTES: The court is in receipt of defendants' Brian Main and Monica Main, [proposed] order to release funds from Gemancer Trade Pro and Brian Main's personal account lodged on 7/18/05. Upon review of defendants' lodging, the court sets a hearing on this matter on 9/12/05 at 10:00 a.m. Judge Christina A. Snyder.Court Reporter: Not present. (bp, ) |
Filing 67 PROOF OF SERVICE filed by defendant Brian Main. re Answer to Complaint (Discovery) 66 , was served on 7/28/05. (bp, ) |
Filing 66 ANSWER to Complaint - (Discovery) 1 filed by defendant Brian Main.(bp, ) |
Filing 46 MINUTES: It is hereby Ordered that plaintiff show cause in writing not later than 8/18/05 why this action should not be dismissed for lack of prosecution as to defendants Brian Main; Gemancer, Inc.; Trade Pro, Inc.; Monie, Inc.; Body Blasters; Ria Riviera, Inc.; Success Direct; and Tri Lynx, Inc., only Judge Christina A. Snyder.Court Reporter: Not present. (bp, ) |
Filing 39 MINUTES: This matter is set for a scheduling conference on 9/12/05 at 11:00 a.m. Judge Christina A. Snyder.Court Reporter: Not present. (bp, ) |
PLACED IN FILE - NOT USED re proposed order dismissing plaintiff's complaint for injunctive relief submitted by defendants' Brian Main. (bp, ) |
Filing 44 PROOF OF SERVICE filed by defendant Monica Sue Schiera. re MOTION to Dismiss Case 42 , Memorandum in Support of Motion 43 , was served on 7/15/05. (bp, ) |
Filing 43 MEMORANDUM of Points and Authorities in Support of MOTION to Dismiss Case 42 filed by defendant Monica Sue Schiera. (bp, ) |
Filing 42 NOTICE OF MOTION AND MOTION to Dismiss; failure to state a claim upon which relief can be granted filed by defendant Monica Sue Schiera. Motion set for hearing on 8/29/2005 at 10:00 AM before Honorable Christina A. Snyder. Lodged lodged proposed order. (bp, ) |
Filing 41 PROOF OF SERVICE filed by defendant Monica Sue Schiera. Proposed order to earn more funds for living expenses was served on 7/15/05. (bp, ) |
Filing 40 PROOF OF SERVICE filed by defendants' Brian Main, Moni Inc. Proposed order to release funds was served on 7/15/05. (bp, ) |
Filing 45 NOTICE OF DISCREPANCY AND ORDER: by Judge Christina A. Snyder, ORDERING motion to dismiss submitted by Defendant Monica Sue Schiera received on 7/8/05 is not to be filed but instead rejected. Denial based on: written notice of motion lacking or timeliness of notice incorrect.(bp, ) |
Filing 38 NOTICE OF DISCREPANCY AND ORDER: by Judge Christina A. Snyder, ORDERING proposed order submitted by Defendant Monica Sue Schiera received on 7/8/05 is not to be filed but instead rejected. Denial based on: no proof of service.(bp, ) |
Filing 37 PROOF OF SERVICE Executed by plaintiff US Commodity Futures Trading Commission, upon Success Direct served on 4/14/2005, answer due 5/4/2005. The Summons and Complaint were served by personal service, by federal statute, upon Monica Schiereva, person authorized to accept service of process. Due Dilligence declaration not attached. Original Summons not returned. (bp, ) |
Filing 36 PROOF OF SERVICE Executed by plaintiff US Commodity Futures Trading Commission, upon The Summons and Complaint were served by personal service, by federal statute, upon Monica Sue Schiera, person authorized to accept service of process. Due Dilligence declaration not attached. Original Summons not returned. (bp, ) |
Filing 35 PROOF OF SERVICE Executed by plaintiff US Commodity Futures Trading Commission, upon Body Blasters served on 4/14/2005, answer due 5/4/2005. The Summons and Complaint were served by personal service, by federal statute, upon Monica Schiereva, person authorized to accept service of process. Due Dilligence declaration not attached. Original Summons not returned. (bp, ) |
Filing 34 PROOF OF SERVICE Executed by plaintiff US Commodity Futures Trading Commission, upon Trade Pro Inc served on 4/14/2005, answer due 5/4/2005. The Summons and Complaint were served by personal service, by federal statute, upon Monica Sue Schiera, person authorized to accept service of process. Due Dilligence declaration not attached. Original Summons not returned. (bp, ) |
Filing 33 PROOF OF SERVICE Executed by plaintiff US Commodity Futures Trading Commission, upon Monica Sue Schiera served on 4/14/2005, answer due 5/4/2005. The Summons and Complaint were served by personal service, by federal statute, upon Monica Sue Schiera, also known as Monica Schiera-Main and Monica S. Montes. Due Dilligence declaration not attached. Original Summons not returned. (bp, ) |
Filing 32 PROOF OF SERVICE Executed by plaintiff US Commodity Futures Trading Commission, upon Moni Inc served on 4/14/2005, answer due 5/4/2005. The Summons and Complaint were served by personal service, by federal statute, upon Monica Schiereva. Due Dilligence declaration not attached. Original Summons not returned. (bp, ) |
Filing 31 PROOF OF SERVICE Executed by plaintiff US Commodity Futures Trading Commission, upon Brian Main served on 4/14/2005, answer due 5/4/2005. The Summons and Complaint were served by personal service, by federal statute, upon Brian Main. Due Dilligence declaration not attached. Original Summons not attached. (bp, ) |
Filing 30 PROOF OF SERVICE Executed by plaintiff US Commodity Futures Trading Commission, upon Tri Lynx Inc served on 4/14/2005, answer due 5/4/2005. The Summons and Complaint were served by personal service, by federal statute, upon Brian Main, person authorized to accept service of process. Due Dilligence declaration not attached. Original Summons not returned. (bp, ) |
Filing 29 PROOF OF SERVICE Executed by plaintiff US Commodity Futures Trading Commission, upon Gemancer Inc served on 4/14/2005, answer due 5/4/2005. The Summons and Complaint were served by personal service, by federal statute, upon Monica Sue Schiera, person authorized to accept service of process. Due Dilligence declaration no attached. Original Summons not returned. (bp, ) |
Filing 28 PROOF OF SERVICE Executed by plaintiff US Commodity Futures Trading Commission, upon Ria Riviera Inc served on 4/14/2005, answer due 5/4/2005. The Summons and Complaint were served by personal service, by federal statute, upon Monica Schiereva, person authorized to accept service of process. Due Dilligence declaration not attached. Original Summons not returned. (bp, ) |
Filing 27 NOTICE of Interested Parties filed by Defendant Monica Sue Schiera. (bp, ) |
Filing 26 ANSWER to Complaint - (Discovery) 1 filed by defendant Monica Sue Schiera.(bp, ) |
Filing 25 NOTICE of local rule 83-2.11 (bp, ) |
Filing 24 ORDER re defendant's ex parte application for modification of preliminary injunction to allow payment of attornys' fees. The court finds it appropriate to permit the release of $15,000 attonreys' fees. Defendants should utilize income from Tri Lynx or other assets to provide further funds to counsel by Judge Christina A. Snyder : 21 (bp, ) |
Filing 22 REPLY in further support of EX PARTE APPLICATION for Order 21 filed by defendants' Brian Main, Moni Inc. (bp, ) |
Filing 23 OBJECTIONS to EX PARTE APPLICATION for Order 21] filed by Plaintiff US Commodity Futures Trading Commission. (bp, ) |
Filing 21 EX PARTE APPLICATION for modification of cnsent order of preliminary injunction to allow for payment of attorney's fees filed by defendants' Brian Main, Moni Inc. (bp, ) |
Filing 20 MINUTES: Defendants in pro per shall provide plaintiff's counsel with an accounting, showing proof, for plaintiff to ascertain whether such account(s) in question are subject to the freeze order imposed by this court. The court further confers with defendants in pro per regarding their need to obtain retained counsel. Judge Christina A. Snyder :Court Reporter: Nancy Smith-Wells. (bp, ) |
Filing 19 EX PARTE APPLICATION AND ORDER that plaintiff is granted authority to appear telephonically for the status conference on 5/12/05 at 4:30 p.m. Pacific Time by Judge Christina A. Snyder,(bp, ) |
Filing 18 MINUTES: The court is in receipt of faxed letters by the defendant Monica Main dated 5/2/05 and 5/4/05. The court hereby sets a status conference in the above-referenced action for 5/12/05 at 4:30 p.m. Judge Christina A. Snyder.Court Reporter: N/A. (bp, ) |
Filing 17 STIPULATION AND ORDER by Judge Christina A. Snyder Amending the 4/22/2005 Consent Order of the Preliminary Injunction #11 : Account number ending in 1170 at Bank of America is in the name of Tri Lynx. The Tri Lynx Business Account shall be released from the asset freeze until further Order of the Court. Defendants Main and Schiera Main, under review by the CFTC and the Court are directed to A. Monitor, preserve and account for assets of the Tri Lynx Business Account; B. file monthly interim reports with the CFTC for the Tri Lynx Business account by the 5th day of the corresponding month describing the previous months activity and expenses; Reports shall be filed with the Court as the Court deems appropriate; This stipulation shall remain in effect until further order of the Court. It is hereby stipulated by and between the undersigned that Defendants Main and Schiera Main shall be permitted access to $8,300 per month (see document for further details.(yl, ) |
Filing 15 APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case designating Kent Kawakami as local counsel. Fee paid. Approved by Judge Christina A. Snyder.(bp, ) |
Filing 14 APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case by Jennifer S Diamond for US Commodity Futures Trading Commission, designating Kent Kawakami as local counsel. Fee paid. Approved by Judge Christina A. Snyder.(bp, ) |
Filing 13 APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case by Susan J Gradman for US Commodity Futures Trading Commission, designating Kent Kawakami as local counsel. Fee paid. Approved by Judge Christina A. Snyder.(bp, ) |
Filing 12 ORDER: Notice to Counsel by Judge Christina A. Snyder,(see document for details)(bp, ) |
Filing 16 MINUTES: The court allows plaintiff's counsel and the defendants to confer and review the proposed consent order for preliminary injunction. Defendants' sign the consent order for preliminary injunction and the court approves it. Judge Christina A. Snyder :Court Reporter: Laura Elias. (bp, ) |
Filing 11 CONSENT ORDER OF PRELIMINARY INJUNCTION: It is therefore Ordered that: The defendants and all person insofar as they are acting in the capacity of their agents, servants, employees, successors, assigns, and attorneys and all persons insofar as they are acting in active concert or participation with them who redeive actual notice of such order by personal service or otherwise, are restrained, enjoined and prohibited, until further order of the court from directly or indrectly: engaging in the business of advising customers, giving price quotations, or other information, either directly or through publictions, writings, or electronic media, as to the value or the avdisability of trading in any contract of sale of a commodity for future delivery or an option thereon, except as provided for in regulation 4.14(a)(9),17C.F.R.4.14(a)(9)(2004) by Judge Christina A. Snyder (bp, ) |
Filing 10 ORDER by Judge Christina A. Snyder : granting 4 Application for Expedited Discovery. (rrey, ) |
Filing 9 ORDER by Judge Christina A. Snyder : granting 3 Ex Parte Application for Order to Show Cause, granting 3 Ex Parte Application for Statutory Restraining Order. IT IS ORDERED that plaintiff CFTC is an agency of the United States of America and accordingly no bond need be posted by plaintiff. IT IS ORDERED that defendants shall show cause if there be any at 4:00 pm on 4/22/05 before the Honorable Christina A. Snyder. IT IS FURTHER ORDERED that any papers in opposition to plaintiffs motion for a preliminary injunction shall be filed on or before 4/19/05 and copies of such opposition delivered to plaintiff on or before 5:00 pm on 4/19/05. IT IS FURTHER ORDERED that this Order shall expire on the 22nd of April, 2005 unless for good cause shown it is extended or unless defendants and relief defendants consent that it may be extended for a longer period. (See document for further details).(rrey, ) |
Filing 8 MEMORANDUM of Points and Authorities in Support filed by plaintiff US Commodity Futures Trading Commission. Re: Complaint - (Discovery) 1 (rrey, ) |
Filing 7 APPENDIX II OF II in support of EX PARTE APPLICATION for Order to Show Cause EX PARTE APPLICATION for Temporary Restraining Order 3 filed by plaintiff US Commodity Futures Trading Commission. Declarations of Milo Austin, William Edmunds, Renee Lusser, Jodi Stone, Excerpts of Transcripts from USA v Schiera. (rrey, ) |
Filing 6 APPENDIX I OF II in support of EX PARTE APPLICATION for Order to Show Cause EX PARTE APPLICATION for Temporary Restraining Order 3 filed by plaintiff US Commodity Futures Trading Commission. Declaration of Joy McCormack. (rrey, ) |
Filing 5 ATTORNEY CERTIFICATION re Notice of Application for Ex Parte Statutory Restraining Order 3 filed by plaintiff US Commodity Futures Trading Commission. (rrey, ) |
Filing 4 APPLICATION for Expedited Discovery filed by plaintiff US Commodity Futures Trading Commission. Lodged proposed order. (rrey, ) |
Filing 3 EX PARTE APPLICATION for Statutory Temporary Restraining Order and Order to show cause regarding preliminary injunction filed by plaintiff US Commodity Futures Trading Commission. Lodged lodged proposed order. (rrey, ) |
Filing 2 NOTICE of Interested Parties filed by Plaintiff US Commodity Futures Trading Commission. (rrey, ) |
Filing 1 COMPLAINT against defendants Brian Main, Gemancer Inc, Trade Pro Inc, Moni Inc, Body Blasters, Ria Riviera Inc, Success Direct, Tri Lynx Inc, Monica Sue Schiera.(No fee required), filed by plaintiff US Commodity Futures Trading Commission.(rrey, ) |
20 Day Summons Issued re Complaint - (Discovery) 1 as to Brian Main, Gemancer Inc, Trade Pro Inc, Moni Inc, Body Blasters, Ria Riviera Inc, Success Direct, Tri Lynx Inc, Monica Sue Schiera. (rrey, ) |
Set Deadlines/Hearings: Show Cause Hearing set for 4/22/2005 04:00 PM before Honorable Christina A. Snyder per 4/12/05 Order. (rrey, ) |
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