Securities and Exchange Commission v. Kai Christian Petersen et al
| Securities and Exchange Commission |
| RAZ BESERGLIK, KAI CHRISTIAN PETERSEN, GIL BESERGLIK, Shiraga Holdings Ltd., Lembex Global Investments, Ltd. and Shraga Holdings, Ltd. |
| LEMBEX GLOBAL INVESTMENTS LTD and SHRAGA HOLDINGS LTD |
| 2:2019cv08334 |
| September 26, 2019 |
| US District Court for the Central District of California |
| Cormac J Carney |
| John W Holcomb |
| Rozella A Oliver |
| Securities/Commodities |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 21, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 48
SCHEDULING NOTICE AND ORDER by Judge John W. Holcomb: On its own motion, the Court hereby sets a Status Conference on March 26, 2021, at 11:00 a.m., via video conference. The parties are DIRECTED to file a Joint Status Report no later than 12:00 noon on March 19, 2021, advising the Court of the posture of the case. To obtain the video conference link for the scheduled hearing, the parties are directed to Judge Holcomb's Procedures and Schedules page on the Court's website: http://www.cacd.uscourts.gov/honorable-john-w-holcomb. Please follow the instructions listed under "Zoom Webinar Hearings." IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY
|
| Filing 47 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Shraga Holdings, Ltd. (yl) |
|
Filing 46
ORDER GRANTING THE SEC'S REQUEST FOR ENTRY OF DEFAULT AGAINST RELIEF DEFENDANT SHRAGA HOLDINGS, LTD by Judge John W. Holcomb #42 For the reasons set forth herein, the SECs Request is GRANTED, and the Clerk is ORDERED to enter default against Relief Defendant Shraga Holdings, Ltd. (See document for further details) (yl)
|
| Filing 45 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Lembex Global Investments, Ltd. (yl) |
|
Filing 44
ORDER GRANTING THE SEC'S REQUEST FOR ENTRY OF DEFAULT AGAINST RELIEF DEFENDANT LEMBEX GLOBAL INVESTMENTS, LTD by Judge John W. Holcomb #39 . For the foregoing reasons, the Court hereby ORDERS as follows: The SEC's Request is GRANTED. The Clerk is ORDERED to enter default against Relief Defendant Lembex Global Investments, Ltd. IT IS SO ORDERED. (See document for further details) (yl)
|
| Filing 43 NOTICE OF DEFICIENCY Re: REQUEST for Clerk to Enter Default against Relief Defendant Shraga Holdings, Ltd. #42 . The Clerk cannot enter the requested relief as: Request for Entry of Default has been forwarded to the assigned Judge. The Clerk does not have the authority to enter default on international service. (yl) |
| Filing 42 REQUEST for Clerk to Enter Default against Relief Defendant Shraga Holdings, Ltd. filed by Plaintiff Securities and Exchange Commission. Request set for hearing on 2/5/2021 at 09:00 AM before Judge John W. Holcomb. (Attachments: #1 Declaration of Kenneth W. Donnelly in Support of Request for Clerk's Entry of Default) (Donnelly, Kenneth) |
| Filing 41 PROOF OF SERVICE Executed by Plaintiff Securities and Exchange Commission, upon Defendant Shraga Holdings, Ltd. served on 11/29/2019, answer due 12/20/2019. Service of the Summons and Complaint were executed upon Desiree Mercer, Manager of TMF (BVI) Ltd., Registered Agent for Shraga Holdings, Ltd. in compliance with Federal Rules of Civil Procedure by method of service not specified.Original Summons NOT returned. Per attached Certificate, service completed pursuant the Hague Convention, Article 5(a) ("a method prescribed by [BVI's] internal law for the service of documents in domestic actions upon persons who are within its territory"). (Attachments: #1 Exhibit 1 - Certificate of Hague Service)(Donnelly, Kenneth) |
| Filing 40 NOTICE OF DEFICIENCY Re: REQUEST for Clerk to Enter Default against Relief Defendant Lembex Global Investments, Ltd. #39 . The Clerk cannot enter the requested relief as: Request for Entry of Default has been forwarded to the assigned Judge. The Clerk does not have the authority to enter default on international service. (yl) |
| Filing 39 REQUEST for Clerk to Enter Default against Relief Defendant Lembex Global Investments, Ltd. filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Declaration of Kenneth W. Donnelly in Support of Request for Clerk's Entry of Default) (Donnelly, Kenneth) |
| Filing 38 PROOF OF SERVICE Executed by Plaintiff Securities and Exchange Commission, upon Defendant Lembex Global Investments, Ltd. served on 11/29/2019, answer due 12/20/2019. Service of the Summons and Complaint were executed upon Desiree Mercer, Manager of TMF (BVI) Ltd., Registered Agent for Lembex Global Investments, Ltd. in compliance with Federal Rules of Civil Procedure by method of service not specified.Original Summons NOT returned. Per attached Certificate, service completed pursuant the Hague Convention, Article 5(a) ("a method prescribed by [BVI's] internal law for the service of documents in domestic actions upon persons who are within its territory) (Attachments: #1 Exhibit 1 - Certificate of Hague Service)(Donnelly, Kenneth) |
|
Filing 37
STANDING ORDER by Judge John W. Holcomb. (iva)
|
|
Filing 36
LETTERS ROGATORY ISSUED: Letters Rogatory and Commission/Order signed by Magistrate Judge Rozella A. Oliver. Apostille prepared. (dml)
|
|
Filing 35
ORDER by Magistrate Judge Rozella A. Oliver: granting #31 REQUEST for Issuance of Letters Rogatory. It is ORDERED that the Request is GRANTED; and it is further ORDERED that a letter rogatory issue requesting assistance from the German judicial authorities to serve Defendant Kai Christian Petersen. (dml)
|
|
Filing 34
MINUTE ORDER (IN CHAMBERS) PLAINTIFF'S REQUEST FOR ISSUANCE OF LETTER ROGATORY #31 by Magistrate Judge Rozella A. Oliver. Defendants have not filed an opposition to the request. The Court GRANTS Plaintiff's application as set forth in an order to be filed concurrently. (dml)
|
| Filing 33 This action has been reassigned to the Honorable John W. Holcomb, United States District Judge. Judge Holcomb is located in Courtroom 2, on the 2nd Floor of the George E. Brown, Jr. Federal Building and United States Courthouse at 3470 Twelfth Street, Riverside, California 92501. Additional information regarding Judge Holcomb's procedures and schedules is available on the court's website at www.cacd.uscourts.gov. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY |
|
Filing 32
SCHEDULING NOTICE AND ORDER by Judge John W. Holcomb: REFERRING MATTER TO MAGISTRATE JUDGE: The Court has reviewed the Request for Issuance of Letters Rogatory #31 filed on October 1, 2020. This matter is referred to Magistrate Judge Rozella A. Oliver in accordance with General Order 05-07. The Court hereby vacates the hearing set for October 30, 2020, before Judge John W. Holcomb. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY
|
| Filing 31 REQUEST for Issuance of Letters Rogatory for Service of Summons and Complaint in Germany on Defendant Kai Petersen filed by Plaintiff Securities and Exchange Commission. Request set for hearing on 10/30/2020 at 09:00 AM before Judge John W. Holcomb. (Attachments: #1 Exhibit 1 - Hague Convention, #2 Exhibit 2- German Declaration of Reservation As to Hague, #3 Declaration in Support of Request (with attachments), #4 Proposed Order on Request for Issuance, #5 Proposed Order Proposed Letter Rogatory) (Donnelly, Kenneth) |
|
Filing 30
ORDER OF THE CHIEF JUDGE (#20-117) approved by Judge Philip S. Gutierrez. Pursuant to the recommended procedure adopted by the Court for the CREATION OF CALENDAR of Judge John W. Holcomb, this case is transferred from Judge Cormac J. Carney to the calendar of Judge John W. Holcomb for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:19-cv-08334 JWH-RAOx. (rrp)
|
| Filing 29 DEFAULT BY CLERK F.R.Civ.P.55(a) as to GIL BESERGLIK, (Per 9/11/2020 Order) (lc) |
|
Filing 28
ORDER GRANTING THE SECS REQUEST FOR ENTRY OF DEFAULT AGAINST DEFENDANT GIL BESERGLIK #26 by Judge Cormac J. Carney (lc)
|
| Filing 27 NOTICE OF DEFICIENCY Re: REQUEST for Clerk to Enter Default against Defendant Gil Beserglik #26 . The Clerk cannot enter the requested relief as: Due to the complexities in the service of summons and complaint of persons, corporations, etc. in foreign countries, the docket clerk is unable to process the request(s). Request for Entry of Default has been forwarded to the assigned Judge. (twdb) |
| Filing 26 REQUEST for Clerk to Enter Default against Defendant Gil Beserglik filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Declaration of Counsel in Support of the Request for Entry of Default Against Defendant Gil Beserglik) (Donnelly, Kenneth) |
| Filing 25 PROOF OF SERVICE Executed by Plaintiff Securities and Exchange Commission, upon Defendant Gil Beserglik served on 3/16/2020, answer due 4/6/2020. Service of the Summons and Complaint were executed upon Gil Bezerglik in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. Service completed under Rule 4(f)(1) and by the Central Authority in Germany, via the Cologne District Court, in accordance with the provisions of sub-paragraph (a) of the first paragraph of Article 5 of the Hague Convention, which provides that service may be made by a method prescribed by the country's internal law for the service of documents in domestic actions upon persons who are within its territory. (Attachments: #1 Letter and Attestation-Certificate of Hague Service, #2 Letter and Attestation-Certificate of Hague Service (translated))(Donnelly, Kenneth) |
| Filing 24 TEXT ONLY ENTRY: NOTICE TO PARTIES by District Judge Cormac J. Carney. Effective July 13, 2020, Judge Cormac J. Carney will be located in the Ronald Reagan Federal Building and U.S. Courthouse, Courtroom 9B, on the 9th floor, located at 411 W. 4th Street, Santa Ana, California 92701-4516. All Court appearances shall be made in Courtroom 9B of the Ronald Reagan Federal Building and U.S. Courthouse unless otherwise ordered by the Court. All required mandatory chambers copies shall be delivered and placed in the drop box located on the 9th Floor of the Ronald Reagan Federal Building and U.S. Courthouse. Judge Carneys Courtroom Deputy Clerk, may be reached at CJC_Chambers@cacd.uscourts.gov. The location for filing civil and/or criminal documents in paper format exempted from electronic filing is at the Clerks Office, Ronald Reagan Federal Building and U.S. Courthouse, located at 411 W. 4th Street, Santa Ana, California 92701-4516. Documents under this exemption may also be filed in the Los Angeles or Riverside courthouses. Please refer to Judge Carneys Procedures and Schedules Page on the Courts website **UPDATED AS OF JULY 9, 2020** for updated procedures regarding mandatory chambers copies. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cbr) TEXT ONLY ENTRY |
| Filing 23 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Raz Beserglik. (iv) |
|
Filing 22
ORDER GRANTING THE SEC'S REQUEST FOR ENTRY OF DEFAULT AGAINST DEFENDANT RAZ BESERGLIK #20 by Judge Cormac J. Carney. The SEC's request for entry of default is GRANTED and the clerk is ORDERED to enter default against Defendant Raz Beserglik. (iv)
|
| Filing 21 NOTICE OF DEFICIENCY Re: REQUEST for Clerk to Enter Default against Defendant Raz Beserglik #20 . The Clerk cannot enter the requested relief as: Clerk is NOT authorized to process Default, due to the complexities in the service of summons and complaint of corporation in foreign country. Request for Entry of Default has been forwarded to the assigned Judge. (iv) |
| Filing 20 REQUEST for Clerk to Enter Default against Defendant Raz Beserglik filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Declaration of Kenneth Donnelly (Exhibit 1)) (Donnelly, Kenneth) |
| Filing 19 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Service of Summons and Complaint Returned Executed #18 . The following error(s) was/were found: Title page with case number and caption missing. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (iv) |
| Filing 18 PROOF OF SERVICE Executed by Plaintiff Securities and Exchange Commission, upon Defendant Raz Beserglik served on 2/5/2020, answer due 2/26/2020. Service of the Summons and Complaint were executed upon Raz Beserglick's authorized signatory under Israeli law in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. Service completed under Rule 4(f)(1) and by the Central Authority in Israel in accordance with the provisions of sub-paragraph (a) of the first paragraph of Article 5 of the Hague Convention, which provides that service may be made by a method prescribed by the country's internal law for the service of documents in domestic actions upon persons who are within its territory. (Donnelly, Kenneth) |
|
Filing 17
ORDER DENYING WITHOUT PREJUDICE THE SEC'S MOTION FOR ALTERNATIVE SERVICE OF SUMMONS AND COMPLAINT UNDER RULE 4(f)(3) #11 by Judge Cormac J. Carney. The SEC's motion for alternative service is DENIED WITHOUT PREJUDICE. The SEC may submit additional requests for alternative service under Rule (4)(f)(3). (iv)
|
| Filing 16 REPLY in Support of NOTICE OF MOTION AND MOTION for Order for ALLOWING SERVICE OF SUMMONS AND COMPLAINT UNDER RULE 4(f)(3 #11 filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Proposed Order Revised Proposed Order on Motion)(Donnelly, Kenneth) |
| Filing 15 OPPOSITION to NOTICE OF MOTION AND MOTION for Order for ALLOWING SERVICE OF SUMMONS AND COMPLAINT UNDER RULE 4(f)(3 #11 filed by Defendants Gil Beserglik, Raz Beserglik, Lembex Global Investments, Ltd., Kai Christian Petersen, Shiraga Holdings Ltd.. (Bell, Koren) |
| Filing 14 Notice of Appearance or Withdrawal of Counsel: for attorney Hilary L Potashner counsel for Defendants Gil Beserglik, Raz Beserglik, Lembex Global Investments, Ltd., Kai Christian Petersen, Shiraga Holdings Ltd.. Filed by Defendants, Specially Appearing for Purposes of the SECs Motion for Order Allowing Service of Summons and Complaint Under Rule 4(f)(3) Kai Christian Petersen; Gil Beserglik; Raz Beserglik; Shraga Holdings, LTD and Lembex Global Investments, LTD. (Attorney Hilary L Potashner added to party Gil Beserglik(pty:dft), Attorney Hilary L Potashner added to party Raz Beserglik(pty:dft), Attorney Hilary L Potashner added to party Lembex Global Investments, Ltd.(pty:dft), Attorney Hilary L Potashner added to party Kai Christian Petersen(pty:dft), Attorney Hilary L Potashner added to party Shiraga Holdings Ltd.(pty:dft))(Potashner, Hilary) |
| Filing 13 Notice of Appearance or Withdrawal of Counsel: for attorney Koren L Bell counsel for Defendants Gil Beserglik, Raz Beserglik, Lembex Global Investments, Ltd., Kai Christian Petersen, Shiraga Holdings Ltd.. Filed by Defendants, Specially Appearing for Purposes of the SECs Motion for Order Allowing Service of Summons and Complaint Under Rule 4(f)(3) Kai Christian Petersen; Gil Beserglik; Raz Beserglik; Shraga Holdings, LTD and Lembex Global Investments, LTD. (Attorney Koren L Bell added to party Gil Beserglik(pty:dft), Attorney Koren L Bell added to party Raz Beserglik(pty:dft), Attorney Koren L Bell added to party Lembex Global Investments, Ltd.(pty:dft), Attorney Koren L Bell added to party Kai Christian Petersen(pty:dft), Attorney Koren L Bell added to party Shiraga Holdings Ltd.(pty:dft))(Bell, Koren) |
| Filing 12 Notice of Appearance or Withdrawal of Counsel: for attorney Stephen Gerard Larson counsel for Defendants Gil Beserglik, Raz Beserglik, Lembex Global Investments, Ltd., Kai Christian Petersen, Shiraga Holdings Ltd.. Adding Stephen G. Larson as counsel of record for Defendants, Specially Appearing for Purposes of the SECs Motion for Order Allowing Service of Summons and Complaint Under Rule 4(f)(3) for the reason indicated in the G-123 Notice. Filed by Defendants, Specially Appearing for Purposes of the SECs Motion for Order Allowing Service of Summons and Complaint Under Rule 4(f)(3) Kai Christian Petersen; Gil Beserglik; Raz Beserglik; Shraga Holdings, LTD and Lembex Global Investments, LTD. (Attorney Stephen Gerard Larson added to party Gil Beserglik(pty:dft), Attorney Stephen Gerard Larson added to party Raz Beserglik(pty:dft), Attorney Stephen Gerard Larson added to party Lembex Global Investments, Ltd.(pty:dft), Attorney Stephen Gerard Larson added to party Kai Christian Petersen(pty:dft), Attorney Stephen Gerard Larson added to party Shiraga Holdings Ltd.(pty:dft))(Larson, Stephen) |
| Filing 11 NOTICE OF MOTION AND MOTION for Order for ALLOWING SERVICE OF SUMMONS AND COMPLAINT UNDER RULE 4(f)(3 filed by Plaintiff Securities and Exchange Commission. Motion set for hearing on 11/25/2019 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Declaration of Jennifer Leete in Support of Motion, #2 Proposed Order) (Donnelly, Kenneth) |
|
Filing 10
ORDER by Judge Cormac J. Carney: Granting Application of Non-Resident Attorney Kenneth W. Donnelly to Appear Pro Hac Vice on behalf of Plaintiff U.S. Securities and Exchange Commission, designating Amy J. Longo as local counsel #4 . (iv)
|
| Filing 9 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Gil Beserglik, Raz Beserglik, Lembex Global Investments, Ltd., Kai Christian Petersen, Shiraga Holdings Ltd. (ghap) |
| Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 7 NOTICE OF ASSIGNMENT to District Judge Cormac J. Carney and Magistrate Judge Rozella A. Oliver. (ghap) |
| Filing 6 NOTICE OF LODGING filed re APPLICATION of Non-Resident Attorney Kenneth W. Donnelly to Appear Pro Hac Vice on behalf of Plaintiff Securities and Exchange Commission (Pro Hac Vice Fee - Not Required for US Government Attorney) #4 (Attachments: #1 Proposed Order for Pro Hac Vice Application)(Donnelly, Kenneth) |
| Filing 5 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Kenneth W. Donnelly to Appear Pro Hac Vice on behalf of Plaintiff Securities and Exchange Commission (Pro Hac Vice Fee - Not Required for US Government Attorney) #4 . The following error(s) was/were found: Local Rule 83-2.1.3.3(b) Proposed order not attached. (lt) |
| Filing 4 APPLICATION of Non-Resident Attorney Kenneth W. Donnelly to Appear Pro Hac Vice on behalf of Plaintiff Securities and Exchange Commission (Pro Hac Vice Fee - Not Required for US Government Attorney) filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Donnelly Certificate of Good Standing - DC, #2 Donnelly Certificate of Good Standing - FL) (Donnelly, Kenneth) |
| Filing 3 Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) #2 , Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Securities and Exchange Commission. (Donnelly, Kenneth) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Securities and Exchange Commission. (Donnelly, Kenneth) |
| Filing 1 COMPLAINT No Fee Required - US Government, filed by Plaintiff Securities and Exchange Commission. (Attorney Kenneth W Donnelly added to party Securities and Exchange Commission(pty:pla))(Donnelly, Kenneth) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Central District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
