Securities and Exchange Commis v. Monterosso
| U.S. SECURITIES AND EXCHANGE COMMISSION |
| LUIS E. VARGAS, JOSEPH J. MONTEROSSO and LAWRENCE E. LYNCH |
| 13-10341 |
| January 24, 2013 |
| U.S. Court of Appeals, Eleventh Circuit |
| Securities, Commodities, Exchange |
Docket Report
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| RECORD RETURNED. Six volumes Record On Appeal, One exhibit folder and One box of exhibits returned to District Court. [Entered: 08/26/2014 08:42 AM] |
| Mandate issued as to Appellants Lawrence E. Lynch, Joseph J. Monterosso and Luis E. Vargas. [Entered: 08/25/2014 10:34 AM] |
| Opinion issued by court as to Appellants Lawrence E. Lynch, Joseph J. Monterosso and Luis E. Vargas. Decision: Affirmed. Opinion type: Published. Opinion method: Per Curiam. Motion to publish opinion filed by Appellee U.S. Securities and Exchange Commission is GRANTED. [ # 7127651-2 ]. (13-10342X, 13-10464X) [Entered: 06/30/2014 10:27 AM] |
| Judgment entered as to Appellants Lawrence E. Lynch, Joseph J. Monterosso and Luis E. Vargas. (13-10342X, 13-10464X) [Entered: 06/30/2014 10:32 AM] |
| Panel opinion of 03/03/2014 vacated by court. Motion to publish GRANTED. Opinion changed from unpublished to published (see 6/30/2014 opinion.). [Entered: 06/30/2014 10:35 AM] |
| MOTION to publish opinion filed by U.S. Securities and Exchange Commission. Motion is Opposed. [7127651-1] (ECF: Lisa Helvin) [Entered: 03/27/2014 03:20 PM] |
| Judgment entered as to Appellant Lawrence E. Lynch. (13-10342X, 13-10464X) [Entered: 03/03/2014 10:27 AM] |
| Opinion issued by court as to Appellant Lawrence E. Lynch. Decision: Affirmed. Opinion type: Non-Published. Opinion method: Per Curiam. (13-10342X, 13-10464X) [Entered: 03/03/2014 10:24 AM] |
| Oral argument held. Oral Argument participants were Mark David Hunter for Appellant Joseph J. Monterosso, Marc Alan Rowin for Appellant Lawrence E. Lynch, D. Patricia Wallace for Appellant Luis E. Vargas and Benjamin L. Schiffrin for Appellee U.S. Securities and Exchange Commission. [Entered: 12/13/2013 11:03 AM] |
| Attorney Marc Alan Rowin for Appellant Lawrence E. Lynch hereby acknowledges receipt of a copy of the printed calendar for 12/13/2013. Marc Alan Rowin (212) 682-4001 will present argument. (ECF: Marc Rowin) [Entered: 10/24/2013 01:59 PM] |
| Oral argument scheduled. Argument Date: Friday, 12/13/2013 Argument Location: Miami, FL. [Entered: 09/12/2013 01:01 PM] |
| Attorney Mark David Hunter for Appellant Joseph J. Monterosso hereby acknowledges receipt of a copy of the printed calendar for 12/13/2013. Mark David Hunter, Esq. (305) 629-8816, (917) 604-8328 will present argument. [13-10341, 13-10342] (ECF: Mark Hunter) [Entered: 09/10/2013 09:43 AM] |
| Attorney Lisa Kinney Helvin for Appellee U.S. Securities and Exchange Commission hereby acknowledges receipt of a copy of the printed calendar for 12/13/2013. Benjamin L. Schiffrin (202-551-5003) will present argument. [13-10341, 13-10342, 13-10464] (ECF: Lisa Helvin) [Entered: 09/09/2013 08:44 AM] |
| Calendar issued as to cases to be orally argued the week of 12/09/2013 in Miami, Florida. Counsel are directed to electronically acknowledge receipt of this calendar by docketing the Calendar Receipt Acknowledged event in ECF. [Entered: 09/06/2013 10:06 AM] |
| Attorney D. Patricia Wallace for Appellant Luis E. Vargas hereby acknowledges receipt of a copy of the printed calendar for 12/13/2013. D. Patricia Wallace 954-463-1929 will present argument. (ECF: D. Patricia Wallace) [Entered: 09/06/2013 10:21 AM] |
| Assigned to tentative calendar number 7 in Miami during the week of December 9, 2013. [Entered: 07/17/2013 10:41 AM] |
| Received paper copies of EBrief filed by Appellant Joseph J. Monterosso. [Entered: 07/02/2013 09:32 AM] |
| Reply Brief filed by Appellant Joseph J. Monterosso. Service date: 06/24/2013 email - Attorney for Appellees: Helvin, Schiffrin, Shirey. (ECF: Mark Hunter) [Entered: 06/24/2013 10:40 AM] |
| Record on Appeal filed. Pleadings, 6 volumes; Exhibit Box, 1 volumes; Exhibit Folder, 1 volumes [Entered: 06/17/2013 03:28 PM] |
| Received paper copies of EBrief filed by Appellant Lawrence E. Lynch. [Entered: 06/19/2013 10:46 AM] |
| Received paper copies of EBrief filed by Appellant Luis E. Vargas. [Entered: 06/19/2013 10:45 AM] |
| Reply Brief filed by Appellant Luis E. Vargas. Service date: 06/13/2013 email - Attorney for Appellees: Helvin, Schiffrin, Shirey. (ECF: D. Patricia Wallace) [Entered: 06/13/2013 02:07 PM] |
| Reply Brief filed by Appellant Lawrence E. Lynch. Service date: 06/12/2013 email - Attorney for Appellees: Helvin, Infelise, Mitchell, Muoio, Scarboro, Schiffrin, Shirey. (ECF: Marc Rowin) [Entered: 06/12/2013 01:47 PM] |
| Over the phone extension granted by clerk. Joseph J. Monterosso's reply brief is due on 6/24/2013. [Entered: 06/11/2013 11:36 AM] |
| Received paper copies of EBrief filed by Appellee Securities and Exchange Commission. [Entered: 06/03/2013 02:58 PM] |
| Appellee's Brief filed by Appellee Securities and Exchange Commission. Service date: 05/30/2013 email - Attorney for Appellants: Brown, Hunter, Matthews, Rowin, Wallace; Attorney for Appellees: Helvin, Infelise, Mitchell, Muoio, Scarboro, Schiffrin, Shirey. (ECF: Lisa Helvin) [Entered: 05/30/2013 02:08 PM] |
| Received paper copies of EBrief filed by Appellant Joseph J. Monterosso. [Entered: 05/02/2013 11:41 AM] |
| Appellant's brief filed by Joseph J. Monterosso. Service date: 04/30/2013 [13-10341] Attorney for Appellant: Brown - email; Attorney for Appellant: Hunter - email; Attorney for Appellant: Rowin - email; Attorney for Appellant: Wallace - email; Attorney for Appellee: Helvin - email; Attorney for Appellee: Schiffrin - email; Attorney for Appellee: Shirey - email. (ECF: Mark Hunter) [Entered: 04/30/2013 11:47 AM] |
| DOCKETING ERROR *** Appellant's brief filed by Luis E. Vargas. Service date: 04/23/2013 [13-10341] Attorney for Appellant: Brown - email; Attorney for Appellant: Hunter - email; Attorney for Appellant: Matthews - US mail; Attorney for Appellant: Rowin - email; Attorney for Appellant: Wallace - email; Attorney for Appellee: Helvin - email; Attorney for Appellee: Infelise - US mail; Attorney for Appellee: Mitchell - US mail; Attorney for Appellee: Muoio - US mail; Attorney for Appellee: Scarboro - US mail; Attorney for Appellee: Schiffrin - email; Attorney for Appellee: Shirey - email.--[Edited 04/23/2013 by SPT] (ECF: D. Patricia Wallace) [Entered: 04/23/2013 09:35 AM] |
| DOCKETING ERROR *** Appellant's brief filed by Luis E. Vargas. Service date: 04/23/2013 [13-10341] Attorney for Appellant: Brown - email; Attorney for Appellant: Hunter - email; Attorney for Appellant: Matthews - US mail; Attorney for Appellant: Rowin - email; Attorney for Appellant: Wallace - email; Attorney for Appellee: Helvin - email; Attorney for Appellee: Infelise - US mail; Attorney for Appellee: Mitchell - US mail; Attorney for Appellee: Muoio - US mail; Attorney for Appellee: Scarboro - US mail; Attorney for Appellee: Schiffrin - email; Attorney for Appellee: Shirey - email.--[Edited 04/23/2013 by SPT] (ECF: D. Patricia Wallace) [Entered: 04/23/2013 09:51 AM] |
| Notice of deficient Appellant brief filed by Attorney Walter John Matthews for Appellant Luis E. Vargas. Deficiencies: Brief didn't upload correctly. Please save the brief to your computer, and docket the Appellant's Brief Filed again. [Entered: 04/23/2013 09:25 AM] |
| Appellant's brief filed by Luis E. Vargas. Service date: 04/23/2013 [13-10341] Attorney for Appellant: Brown - email; Attorney for Appellant: Hunter - email; Attorney for Appellant: Matthews - US mail; Attorney for Appellant: Rowin - email; Attorney for Appellant: Wallace - email; Attorney for Appellee: Helvin - email; Attorney for Appellee: Infelise - US mail; Attorney for Appellee: Mitchell - US mail; Attorney for Appellee: Muoio - US mail; Attorney for Appellee: Scarboro - US mail; Attorney for Appellee: Schiffrin - email; Attorney for Appellee: Shirey - email. (ECF: D. Patricia Wallace) [Entered: 04/23/2013 10:15 AM] |
| Received paper copies of EBrief filed by Appellant Luis E. Vargas. [Entered: 04/25/2013 04:06 PM] |
| Received paper copies of EBrief filed by Appellant Lawrence E. Lynch. [Entered: 04/25/2013 09:40 AM] |
| DOCKETING ERROR *** Appellant's brief filed by Luis E. Vargas. Service date: 04/22/2013 [13-10341] Attorney for Appellant: Brown - email; Attorney for Appellant: Hunter - email; Attorney for Appellant: Rowin - email; Attorney for Appellee: Helvin - email; Attorney for Appellee: Schiffrin - email; Attorney for Appellee: Shirey - email.--[Edited 04/23/2013 by SPT] (ECF: D. Patricia Wallace) [Entered: 04/22/2013 06:39 PM] |
| Joint Record Excerpts filed [2 VOLUMES - 5 sets] by Appellants Lawrence E. Lynch, Joseph J. Monterosso and Luis E. Vargas. Service date: 04/19/2013 email - Attorney for Appellees: Helvin, Schiffrin, Shirey; US mail - Attorney for Appellees: Infelise, Mitchell, Muoio, Scarboro.--[Edited 06/20/2013 by MLS] [Entered: 04/25/2013 09:41 AM] |
| ***Docketed in Error* of Filing Combined Record Excerpts of Appellants Monterosso, Vargas, and Lynch Pt 6 of 6 filed by Attorney D. Patricia Wallace for Appellant Luis E. Vargas. (ECF: D. Patricia Wallace) [Entered: 04/19/2013 03:04 PM] |
| Appellant's brief filed by Lawrence E. Lynch. Service date: 04/19/2013 [13-10341] Attorney for Appellant: Brown - email; Attorney for Appellant: Hunter - email; Attorney for Appellant: Matthews - email; Attorney for Appellant: Rowin - email; Attorney for Appellant: Wallace - email; Attorney for Appellee: Helvin - email; Attorney for Appellee: Infelise - email; Attorney for Appellee: Mitchell - email; Attorney for Appellee: Muoio - email; Attorney for Appellee: Scarboro - email; Attorney for Appellee: Schiffrin - email; Attorney for Appellee: Shirey - email. (ECF: Marc Rowin) [Entered: 04/19/2013 03:39 PM] |
| ***Docketed in Error* of Filing Combined Record Excerpts of Appellants Monterosso, Vargas, and Lynch Pt 5 filed by Attorney D. Patricia Wallace for Appellant Luis E. Vargas. (ECF: D. Patricia Wallace) [Entered: 04/19/2013 03:02 PM] |
| ***Docketed in Error* of Filing Combined Record Excerpts of Appellants Monterosso, Vargas, and Lynch - Pt 4 filed by Attorney D. Patricia Wallace for Appellant Luis E. Vargas.--[Edited 06/21/2013 by MLS] (ECF: D. Patricia Wallace) [Entered: 04/19/2013 02:59 PM] |
| ***Docketed in Error* Combined Record Excerpts of Appellants Monterosso, Vargas, and Lynch filed by Attorney D. Patricia Wallace for Appellant Luis E. Vargas. (ECF: D. Patricia Wallace) [Entered: 04/19/2013 02:54 PM] |
| ***Docketed in error* Combined Record Excerpts of Appellants Monterosso, Vargas, and Lynch - Pt I filed by Attorney D. Patricia Wallace for Appellant Luis E. Vargas.--[Edited 06/20/2013 by JC] (ECF: D. Patricia Wallace) [Entered: 04/19/2013 02:51 PM] |
| ***Docketed in Error* of Filing Combined Excerpts of Appellants Monterosso, Vargas, & Lynch - Pt 3 filed by Attorney D. Patricia Wallace for Appellant Luis E. Vargas. (ECF: D. Patricia Wallace) [Entered: 04/19/2013 02:57 PM] |
| Over the phone extension granted by clerk. Joseph J. Monterosso's brief due on 4/30/2013. [Entered: 04/12/2013 01:27 PM] |
ORDER: Upon sua sponte reconsideration, our Order of March 18, 2013 is VACATED, and this appeal SHALL PROCEED as to Appellant Lawrence Lynch, as well as Joseph Monterosso and Luis Vargas. Appellants' notices of appeal are timely to appeal from the November 16, 2012 judgment of the district court. (RB, FMH and WHP) [Entered: 03/21/2013 03:26 PM]
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ORDER: On its own motion, the court DISMISSES the appeal for lack of jurisdiction with respect to appellant Lawrence Lynch, and SHALL PROCEED with respect to appellants Joseph Monterosso and Luis Vargas. RB, FMH and WHP [Entered: 03/18/2013 09:43 AM]
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| ***ENTERED IN ERROR***Response filed by Marc Alan Rowin for Lawrence E. Lynch pursuant to court order dated 03/18/2013.--[Edited 03/18/2013 by AGW] (ECF: Marc Rowin) [Entered: 03/18/2013 04:22 PM] |
| Notice of deficient Response filed by Marc Alan Rowin for Lawrence E. Lynch. Incorrect Event used to file a document. Attached is a motion. Please refile the document under category motions, choose motion for reconsideration of a panel order. [Entered: 03/18/2013 04:28 PM] |
| Notice of deficient Response filed by Marc Alan Rowin for Lawrence E. Lynch. Incorrect Event used to file a document. GO TO MOTIONS CATEGORY, CHOOSE MOTION FOR RECONSIDERATION. Please call 404-335-6125 for assistance in filing this document. [Entered: 03/18/2013 04:57 PM] |
| MOTION for reconsideration of a panel order entered on filed by Lawrence E. Lynch. Opposition to Motion is Unknown. [6819563-1] --[Edited 03/19/2013 by ECM] (ECF: Marc Rowin) [Entered: 03/18/2013 04:44 PM] |
| Briefing Notice issued to Appellants Lawrence E. Lynch, Joseph J. Monterosso and Luis E. Vargas. The appellants brief and record excerpts are due on or before 04/23/2013. [Entered: 03/15/2013 12:16 PM] |
| TRANSCRIPTS FILED 3/14/13 . Transcript Order: Court Reporter: Unknown Reporter, Filer: Joseph J. Monterosso, Proceeding Type and Date: Motion Hearing 11/02/2011 , Motion Hearing 12/16/2011. [Entered: 03/15/2013 12:14 PM] |
| Added Attorney(s) Benjamin L. Schiffrin for party(s) Appellee Securities and Exchange Commission, in case 13-10341. [Entered: 03/12/2013 03:37 PM] |
| APPEARANCE of Counsel Form filed by Benjamin L. Schiffrin for Securities and Exchange Commission (ECF: Lisa Helvin) [Entered: 03/11/2013 02:54 PM] |
| Appellee's Certificate of Interested Persons and Corporate Disclosure Statement filed by Appellee Securities and Exchange Commission. (ECF: Lisa Helvin) [Entered: 03/08/2013 03:05 PM] |
| Court Reporter acknowledgment not filed. Letter issued to Court Reporter Jean Vera as to Appellant Joseph J. Monterosso. Transcript is due to be filed in District Court 30 days from 01/28/2013. [Entered: 03/01/2013 02:13 PM] |
| Added Attorney(s) Lisa Kinney Helvin for party(s) Appellee Securities and Exchange Commission, in case 13-10341. [Entered: 02/26/2013 12:18 PM] |
| Added Attorney(s) William Kenneth Shirey for party(s) Appellee Securities and Exchange Commission, in case 13-10341. [Entered: 02/20/2013 10:33 AM] |
| APPEARANCE of Counsel Form filed by Lisa K. Helvin for Securities and Exchange Commission (ECF: Lisa Helvin) [Entered: 02/20/2013 03:08 PM] |
| APPEARANCE of Counsel Form filed by William K. Shirey for U.S. Securities and Exchange Commission (ECF: William Shirey) [Entered: 02/15/2013 06:29 PM] |
| APPEARANCE of Counsel Form filed by Attorney Mark David Hunter for Appellant Joseph J. Monterosso in 13-10341. [Entered: 02/11/2013 08:37 AM] |
| APPEARANCE of Counsel Form filed by Attorney Tiffany Brown for Appellant Joseph J. Monterosso in 13-10341. [Entered: 02/11/2013 08:38 AM] |
| Appellant's Certificate of Interested Persons and Corporate Disclosure Statement filed by Appellant Joseph J. Monterosso. [Entered: 02/11/2013 08:39 AM] |
| Civil Appeal Statement filed by Attorney Tiffany Brown for Appellant Joseph J. Monterosso. [Entered: 02/11/2013 08:41 AM] |
| Appellant's Certificate of Interested Persons and Corporate Disclosure Statement filed by Appellant Lawrence E. Lynch. (ECF: Marc Rowin) [Entered: 02/07/2013 03:50 PM] |
| APPEARANCE of Counsel Form filed by Marc Alan Rowin for Lawrence E. Lynch. (ECF: Marc Rowin) [Entered: 02/07/2013 03:49 PM] |
| TRANSCRIPT INFORMATION FORM SUBMITTED by Attorney Marc Alan Rowin for Appellant Lawrence E. Lynch. No transcript is required for appeal purposes. (ECF: Marc Rowin) [Entered: 02/07/2013 03:52 PM] |
| Civil Appeal Statement filed by Attorney Marc Alan Rowin for Appellant Lawrence E. Lynch. (ECF: Marc Rowin) [Entered: 02/07/2013 03:55 PM] |
| E-filed Appearance of Counsel processed for Attorney Marc Alan Rowin for Appellant Lawrence E. Lynch in 13-10341. [Entered: 02/11/2013 03:24 PM] |
| Modified Civil Appeal Statement form filed by Attorney Marc Alan Rowin for Appellant Lawrence E. Lynch. (ECF: Marc Rowin) [Entered: 02/07/2013 05:38 PM] |
| Modified Civil Appeal Statement form filed by Attorney D. Patricia Wallace for Appellant Luis E. Vargas. (ECF: D. Patricia Wallace) [Entered: 02/07/2013 05:21 PM] |
| APPEARANCE of Counsel Form filed by Attorney D. Patricia Wallace for Appellant Luis E. Vargas in 13-10341. [Entered: 02/11/2013 11:18 AM] |
| Appellant's Certificate of Interested Persons and Corporate Disclosure Statement filed by Appellant Luis E. Vargas. [Entered: 02/11/2013 11:32 AM] |
| CIVIL APPEAL DOCKETED. Notice of appeal filed by Appellant Lawrence E. Lynch on 01/25/2013. Fee Status: Fee Paid. [Entered: 02/04/2013 09:49 AM] |
| TRANSCRIPT INFORMATION form filed by Attorney D. Patricia Wallace for Appellant Luis E. Vargas. No transcript is required for appeal purposes. [Entered: 02/01/2013 03:29 PM] |
| TRANSCRIPT INFORMATION FORM PROCESSED. Transcript Order: Filer: Joseph J. Monterosso, Court Reporter: Unknown Reporter, Proceeding Type and Date: Motion Hearing 11/02/2011 , Motion Hearing 12/16/2011. [Entered: 02/01/2013 03:28 PM] |
| CIVIL APPEAL DOCKETED. Notice of appeal filed by Appellant Joseph J. Monterosso on 01/14/2013. Fee Status: Fee Paid. [Entered: 01/30/2013 12:55 PM] |
| CIVIL APPEAL DOCKETED. Notice of appeal filed by Appellant Luis E. Vargas on 01/14/2013. Fee Status: Fee Paid. [Entered: 01/30/2013 12:24 PM] |
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