SEC v. Dale Chappell, et al
| CANDACE M. DURAN, Relief Defendant |
| SECURITIES & EXCHANGE COMMISSION |
| DALE B. CHAPPELL, BLACK HORSE CAPITAL LP, BLACK HORSE CAPITAL MASTER FUND LTD and CHEVAL HOLDINGS LTD |
| MARY E. CHAPPELL, Relief Defendant |
| 23-2776 |
| October 4, 2023 |
| U.S. Court of Appeals, Third Circuit |
| Securities, Commodities, Exchange |
Docket Report
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| Filing 30 ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Archith Ramkumar, Esq. for Appellee SEC. Certificate of Service dated 11/22/2023. Service made by ECF. [23-2776] (AR) [Entered: 11/22/2023 12:59 PM] |
| Filing 29 ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Marc R. Rosen, Esq. for Appellants Black Horse Capital LP, Black Horse Capital Master Fund Ltd, Dale B. Chappell and Cheval Holdings Ltd. Certificate of Service dated 11/21/2023. Service made by ECF. [23-2776] (MRR) [Entered: 11/21/2023 01:53 PM] |
| Filing 28 Calendared for Tuesday, 01/16/2024. Calendar Clerk: AR. (AR) [Entered: 11/21/2023 10:30 AM] |
| Filing 27 HARD COPY RECEIVED from Appellants Black Horse Capital LP, Black Horse Capital Master Fund Ltd, Dale B. Chappell and Cheval Holdings Ltd - Sealed Appendix. Copies: 4. Volumes: 4 (Volume I attached to Brief). (MS) [Entered: 10/24/2023 04:02 PM] |
| Filing 26 HARD COPY RECEIVED from Appellants Black Horse Capital LP, Black Horse Capital Master Fund Ltd, Dale B. Chappell and Cheval Holdings Ltd - Sealed Brief with Volume I of Appendix attached. Copies: 7.--[Edited 10/24/2023 by MS] (SJB) [Entered: 10/24/2023 03:42 PM] |
| Filing 25 FOLLOW UP LETTER to Matthew E. Beck, Esq. for Appellee Mary E. Chappell and Mary P. Hansen, Esq. for Appellee Mary E. Chappell requesting the following document(s): Appearance Form on or before 11/07/2023. (PDB) [Entered: 10/24/2023 09:31 AM] |
| Filing 24 Appellee SEC verbally granted an extension of time to file brief until 12/06/2023 pursuant to 3d Cir. L.A.R. 31.4. (PDB) [Entered: 10/24/2023 09:25 AM] |
| Filing 23 ECF FILER: SEALED ELECTRONIC JOINT APPENDIX Volumes 2 - 4 on behalf of Appellants Black Horse Capital LP, Black Horse Capital Master Fund Ltd, Dale B. Chappell and Cheval Holdings Ltd. Certificate of Service dated 10/23/2023 by ECF. [23-2776]--[Edited 10/23/2023 by MS] (MRR) [Entered: 10/23/2023 02:09 PM] |
| Filing 22 ECF FILER: SEALED ELECTRONIC BRIEF with Volume I of Appendix attached on behalf of Appellants Black Horse Capital LP, Black Horse Capital Master Fund Ltd, Dale B. Chappell and Cheval Holdings Ltd. Certificate of Service dated 10/23/2023 by ECF. [23-2776] (MRR) [Entered: 10/23/2023 01:46 PM] |
| Filing 21 ECF FILER: SEALED LETTER from Attorney Marc R. Rosen, Esq. for Appellants Black Horse Capital LP, Black Horse Capital Master Fund Ltd, Dale B. Chappell and Cheval Holdings Ltd. Certificate of Service dated 10/19/2023. Service made by ECF. [23-2776][Per KG; SEND TO MERITS PANEL]--[Edited 11/20/2023 by MCW] (MRR) [Entered: 10/19/2023 11:21 AM] |
Filing 20
ORDER (CHUNG, Circuit Judge) The foregoing Motion by Appellants to Expedite Case with Exhibits with Proposed Briefing Schedule is hereby GRANTED in part and DENIED in part. The Appellants' opening brief is due on or before October 23, 2023; the Appellees response is due on or before November 22, 2023; and the Appellants' reply, if any, is due on or before December 6, 2023. Panel No.: BCO-004-E. Chung, Authoring Judge. (PDB) [Entered: 10/13/2023 03:17 PM]
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| Filing 19 ECF FILER: Response filed by Appellee SEC to motion. Certificate of Service dated 10/12/2023. [23-2776] (AR) [Entered: 10/12/2023 02:30 PM] |
| Filing 18 TEXT ONLY ORDER (Clerk): Any response to the appellants motion to expedite must be filed within seven days. Even if the appellees do not concede that expedition is necessary, their response should either agree with the appellants proposed briefing schedule or include their own proposal. See 3d Cir. L.A.R. 4.1. (RFH) [Entered: 10/05/2023 04:46 PM] |
| Filing 17 ECF FILER: SEALED Exhibit C filed by Appellants Black Horse Capital LP, Black Horse Capital Master Fund Ltd, Dale B. Chappell and Cheval Holdings Ltd. Certificate of Service dated 10/05/2023. Service made by ECF. [23-2776] (MRR) [Entered: 10/05/2023 04:41 PM] |
| Filing 16 ECF FILER: SEALED Exhibit B filed by Appellants Black Horse Capital LP, Black Horse Capital Master Fund Ltd, Dale B. Chappell and Cheval Holdings Ltd. Certificate of Service dated 10/05/2023. Service made by ECF. [23-2776] (MRR) [Entered: 10/05/2023 04:41 PM] |
| Filing 15 ECF FILER: SEALED Exhibit A filed by Appellants Black Horse Capital LP, Black Horse Capital Master Fund Ltd, Dale B. Chappell and Cheval Holdings Ltd. Certificate of Service dated 10/05/2023. Service made by ECF. [23-2776] (MRR) [Entered: 10/05/2023 04:38 PM] |
| Filing 14 ECF FILER: SEALED Transmittal Declaration in Support of Motion filed by Appellants Black Horse Capital LP, Dale B. Chappell, Cheval Holdings Ltd and Black Horse Capital Master Fund Ltd. Certificate of Service dated 10/05/2023. Service made by ECF. [23-2776] (MRR) [Entered: 10/05/2023 04:36 PM] |
| Filing 13 ECF FILER: Motion filed by Appellants Black Horse Capital LP, Cheval Holdings Ltd, Black Horse Capital Master Fund Ltd and Dale B. Chappell to Expedite Case. Certificate of Service dated 10/05/2023. Service made by ECF. [23-2776] (MRR) [Entered: 10/05/2023 03:57 PM] |
| Filing 12 ECF FILER: SEALED LETTER from Attorney Marc R. Rosen, Esq. for Appellants Black Horse Capital LP, Black Horse Capital Master Fund Ltd, Dale B. Chappell and Cheval Holdings Ltd. Certificate of Service dated 10/05/2023. Service made by ECF. [23-2776] (MRR) [Entered: 10/05/2023 03:47 PM] |
| Filing 11 ECF FILER: Transcript Purchase Order Form (Part 1) filed by Appellants Black Horse Capital LP, Black Horse Capital Master Fund Ltd, Dale B. Chappell and Cheval Holdings Ltd advising this court that no transcripts are available. [23-2776] (MRR) [Entered: 10/05/2023 03:10 PM] |
| Filing 10 ECF FILER: Concise Summary of the Case filed by Appellants Black Horse Capital LP, Dale B. Chappell, Cheval Holdings Ltd and Black Horse Capital Master Fund Ltd. [23-2776] (MRR) [Entered: 10/05/2023 03:04 PM] |
| Filing 9 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellants Black Horse Capital LP, Black Horse Capital Master Fund Ltd and Cheval Holdings Ltd. [23-2776] (MRR) [Entered: 10/05/2023 03:02 PM] |
| Filing 8 ECF FILER: CIVIL INFORMATION STATEMENT on behalf of Appellants Black Horse Capital LP, Dale B. Chappell, Black Horse Capital Master Fund Ltd and Cheval Holdings Ltd. [23-2776] (MRR) [Entered: 10/05/2023 02:59 PM] |
| Filing 7 ECF FILER: ENTRY OF APPEARANCE from Marc R. Rosen on behalf of Appellant(s) Dale B. Chappell, Black Horse Capital LP, Black Horse Capital Master Fund Ltd, Cheval Holdings Ltd. [23-2776] (MRR) [Entered: 10/05/2023 02:56 PM] |
| Filing 6 ECF FILER: ENTRY OF APPEARANCE from Archith Ramkumar on behalf of Appellee(s) Securities & Exchange Commission. [23-2776] (AR) [Entered: 10/05/2023 10:16 AM] |
| Filing 5 NOTICE Pursuant to 3d Cir. L.A.R. 26.1, a document is timely filed if received by 5:00 p.m. ET on the last day for filing unless the Court sets a different time, the document has been submitted by an inmate pursuant to Fed. R. App. P. 25(a)(2)(A)(iii), or otherwise specified in L.A.R. 26.1 (PDB) [Entered: 10/04/2023 12:07 PM] |
| Filing 4 ECF FILER: ENTRY OF APPEARANCE from Rachel M. McKenzie on behalf of Appellee(s) Securities and Exchange Commission. [23-2776] (RM) [Entered: 10/04/2023 11:52 AM] |
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Filing 3
ORDER (Clerk) It is noted that the underlying District Court case is currently sealed. In accordance with the Court's November 4, 2008 Notice to Bar, the parties are advised that dockets in the Court of Appeals are not sealed as the text of the docket contains procedural information only. It appears that the parties are currently conferring regarding the continued sealing of all or part of the District Court case. The parties must immediately notify this Court when a decision has been made on the sealing issue by filing a response to this order. The response should include a copy of any District Court orders entered on the sealing issue. Further instructions will then be provided to the parties, if necessary, for the filing a motion pursuant to 3d Cir. Misc. L.A.R. 106.1(c)(2). Until the issue of sealing has been resolved by the District Court, all documents within this case will be sealed. Counsel is advised to use caution in filing documents electronically so that docket entries do not reveal information that is currently under seal. (PDB) [Entered: 10/04/2023 10:15 AM]
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| Filing 2 RECORD available on District Court CM/ECF. (PDB) [Entered: 10/04/2023 10:09 AM] |
| Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellants Black Horse Capital LP, Black Horse Capital Master Fund Ltd, Dale B. Chappell and Cheval Holdings Ltd in District Court No. 2-23-cv-03769. (PDB) [Entered: 10/04/2023 10:04 AM] |
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