Securities and Exchange Commission v. Clason
| Securities and Exchange Commission |
| Matthew O. Clason |
| Stephanie Clason |
| 3:2020cv01279 |
| September 1, 2020 |
| US District Court for the District of Connecticut |
| Michael P Shea |
| Securities/Commodities |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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| Filing 31 Consent MOTION for Extension of Time until December 3, 2020 to Plead by Matthew O. Clason. (Palmeri, Brian) |
Filing 30
SCHEDULING ORDER:(Telephonic Status Conference set for 2/1/2021 04:30 PM before Judge Michael P. Shea, Plaintiff's Amended Pleadings due by 12/31/2020, Defendants Amended Pleading due 1/31/21, Discovery due by 5/31/2021, Dispositive Motions due by 6/30/2021, Joint Status Report due by 1/25/2021, Joint Trial Brief due by 8/15/2021), Answer updated for Matthew O. Clason to 11/30/2020. Signed by Judge Michael P. Shea on 10/23/20.(Johnson, D.)
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| Filing 29 NOTICE by Stephanie Clason Entry of Automatic Orders (Attachments: #1 Exhibit Superior Court Automatic Orders)(Palumbo, John) |
| Filing 28 REPORT of Rule 26(f) Planning Meeting. (Day, Alfred) |
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Filing 27
ORDER granting #22 Motion to Appear Pro Hac Vice Certificate of Good Standing due by 12/6/2020. Signed by Clerk on 10/07/2020. (Peterson, M)
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| Filing 26 NOTICE of Appearance by John R. Palumbo on behalf of Stephanie Clason (Palumbo, John) |
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Filing 25
ORDER. In light of the parties' #24 stipulation, the #8 TRO (as modified) is hereby converted to a preliminary injunction as stated in the attached order. As a result, the preliminary injunction hearing scheduled for October 8, 2020 is CANCELED. Signed by Judge Michael P. Shea on 10/5/2020. (Super, John)
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| Filing 24 Joint STIPULATION re 16 Order on Motion for Miscellaneous Relief,, 21 Order on Motion for Miscellaneous Relief,,,,,,,,, #8 Order on Motion for TRO, by Matthew O. Clason. (Attachments: #1 Text of Proposed Order)(Palmeri, Brian) |
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Filing 23
ORDER. The parties shall file a joint status report on their discussions concerning converting the TRO into a PI no later than Tuesday, October 6, 2020 at noon. Signed by Judge Michael P. Shea on 10/2/2020. (Super, John)
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| Filing 22 MOTION for Attorney(s) Michael H. DiTrapani to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6129173) by Matthew O. Clason. (Palmeri, Brian) |
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Filing 21
ORDER. The #20 motion to modify is hereby GRANTED. The Temporary Restraining Order, Order Freezing Assets, and Order for Other Equitable Relief as to Matthew O. Clason (the "TRO"; Doc. 8), as modified by the Court's Order of September 14, 2020 (Doc. 16), upon application of the parties, the first sentence of Section IV.E of the TRO is hereby stricken and replaced with the following:The TRO is hereby modified to unfreeze the Bank of America Account ending -4501. It is further ordered that Bank of America shall release up to $6,649 monthly to Account ending -4501 for Defendant's reasonable living expenses within three (3) business days or as soon as practicable after Defendant's counsel sends the request and specific dollar amount to be released to counsel for Bank of America. Defendant's counsel may only request funds be released once a month. The released funds shall come from funds previously restricted by Bank of America from Account ending -4501 pursuant to the TRO, which total $24,032.01. Once the restricted funds have been exhausted, Bank of America is released from any obligation to release funds to Account ending -4501.If any additional funds are deposited into the -4501 account from other sources in a given month, the amount of the deposit shall be deducted from the amount requested to be released by Bank of America the following month. For example, if $1000 is deposited into the -4501 account from other sources such as wages or gifts in a given month, Defendant's counsel may only request that Bank of America release $5,649 the following month. In no event shall Defendant or any person acting on his behalf withdraw more than $6,649 from the -4501 account in any month. Defendant, and not Bank of America, has the responsibility of confirming the release request does not exceed the $6,649 per month.Within the first five (5) business days of each month Defendant's counsel shall provide to Plaintiff's counsel information sufficient to identify the source and amount of funds released or deposited into the -4501 account in the prior month, and the closing balance of the -4501 account at month's end. All other terms of the TRO (Doc. 8), as modified by the Court's Order of September 14, 2020 (Doc. 16), remain in effect.Signed by Judge Michael P. Shea on 9/30/2020. (Super, John)
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| Filing 20 Emergency MOTION Modification of TRO re #8 Order on Motion for TRO, by Consent by Matthew O. Clason.Responses due by 10/20/2020 (Attachments: #1 Text of Proposed Order)(Palmeri, Brian) |
| Filing 19 Minute Entry for proceedings held before Judge Michael P. Shea: Telephonic Status Conference held on 9/23/2020. 17 minutes(Court Reporter Julie Monette.) (Johnson, D.) |
| Set Deadlines/Hearings: Telephonic Status Conference set for 9/23/2020 10:00 AM before Judge Michael P. Shea (Johnson, D.) |
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Filing 18
ORDER. The parties' #17 motion is hereby GRANTED. The Court will hold a telephonic status conference on September 23, 2020 at 10:00 a.m. to discuss Mr. Clason's compliance with the Court's orders (ECF Nos. 8, 16). The Court will distribute dial-in information prior to the call.Signed by Judge Michael P. Shea on 9/17/2020. (Super, John)
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| Filing 17 Joint MOTION for Status Conference by Matthew O. Clason. (Palmeri, Brian) |
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Filing 16
ORDER. The #15 motion to modify is hereby GRANTED. The Court's Temporary Restraining Order, Order Freezing Assets, and Order for Other Equitable Relief as to Matthew O. Clason (ECF No. 8), is hereby modified as follows: IV. E. Upon application of the parties, the asset freeze is hereby modified to permit withdrawal of up to $6,649 per month from the Bank of America -4501 account to cover Defendant's reasonable living expenses. Further, the Court orders Bank of America to remove Mr. Clason from the joint account ending -0531 and release the asset freeze as to that account. All other terms of this Order remain in effect.Signed by Judge Michael P. Shea on 9/14/2020. (Super, John)
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| Filing 15 Consent MOTION to Modify Asset Freeze Order re #8 Order on Motion for TRO, by Matthew O. Clason.Responses due by 10/2/2020 (Attachments: #1 Text of Proposed Order Proposed Order)(Palmeri, Brian) |
| Filing 14 Minute Entry for proceedings held before Judge Michael P. Shea: TelephonicStatus Conference held on 9/8/2020. 10 minutes(Court Reporter Julie Monette.) (Johnson, D.) |
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Filing 13
ORDER. As discussed during today's call, the #8 TRO shall, by agreement of the parties, be extended until the date of the preliminary injunction hearing, which is currently scheduled for October 8, 2020. (See ECF No. 8 at 11). However, the parties shall confer regarding: (1) a more specific agreement that would allow the Defendant to access funds for the purpose of ordinary living expenses for himself and his family, see ECF No. 8 at 6 (providing for "ordinary living expenses, which expenses shall be reasonable and shall be documented..."); and (2) an arrangement that prevents Mr. Clason from accessing the joint account held with the investor, while allowing the investor to access such account, see ECF No. 8 at 7-8. The parties may file a joint stipulation to modify the TRO by September 14, 2020. If the parties are unsuccessful in coming to an agreement with respect to these two issues, they may separately file motions seeking relief from, or amendment to, the #8 TRO. Signed by Judge Michael P. Shea on 9/8/2020. (Super, John)
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| Filing 12 NOTICE of Appearance by Brian J. Palmeri on behalf of Matthew O. Clason (Palmeri, Brian) |
| Filing 11 AFFIDAVIT of Service for Court's 9/2/2020 TRO Order served on All Financial Institutions on 9/2/2020, filed by Securities and Exchange Commission. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Day, Alfred) |
| Filing 10 AFFIDAVIT of Service for Courtesy copies of Complaint and all TRO Papers Pursuant to the Court's September 2, 2020 Order served on Defendant Clasons counsel Erica J. Harris, Esq. on 09/01/2020, filed by Securities and Exchange Commission. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Day, Alfred) |
| Set Deadlines/Hearings: Telephonic Status Conference set for 9/8/2020 02:00 PM before Judge Michael P. Shea (Johnson, D.) |
| Filing 9 WAIVER OF SERVICE Returned Executed as to Matthew O. Clason waiver sent on 9/1/2020, answer due 10/31/2020 filed by Securities and Exchange Commission. (Day, Alfred) |
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Filing 8
ORDER. The Commission's #2 motion for temporary restraining order is hereby GRANTED. The parties should pay close attention to the temporary restraining order, and the deadlines therein, set forth at the end of the attached ruling and order. In addition, as indicated in the attached order, the Court will hold a telephonic status conference on September 8, 2020 at 2:00 p.m.Signed by Judge Michael P. Shea on 9/2/2020. (Super, John)
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| Filing 7 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Matthew O. Clason* with answer to complaint due within *21* days. Attorney *Alfred Arthur Day* *Securities and Exchange Commission* *33 Arch Street, 24th Floor* *Boston, MA 02110*. (Peterson, M) |
| Filing 6 NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #1 Complaint filed by Securities and Exchange Commission, #5 Protective Order, #4 Electronic Filing Order, #3 Order on Pretrial Deadlines, #2 Emergency MOTION for Temporary Restraining Order filed by Securities and Exchange Commission Signed by Clerk on 09/01/2020. (Peterson, M) |
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Filing 5
STANDING PROTECTIVE ORDER Signed by Judge Michael P. Shea on 09/01/2020. (Peterson, M)
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Filing 4
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Michael P. Shea on 09/01/2020. (Peterson, M)
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Filing 3
Order on Pretrial Deadlines: Amended Pleadings due by 10/31/2020. Discovery due by 3/3/2021. Dispositive Motions due by 4/7/2021. Signed by Clerk on 09/01/2020. (Peterson, M)
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| Filing 2 Emergency MOTION for Temporary Restraining Order by Securities and Exchange Commission. (Attachments: #1 Memorandum in Support, #2 Declaration of Paul D'Amico in Support of Motion, #3 Exhibit A to Declaration in Support, #4 Exhibit B to Declaration in Support, #5 Exhibit C to Declaration in Support, #6 Exhibit D to Declaration in Support, #7 Exhibit E to Declaration in Support, #8 Text of Proposed Order for TRO, Asset Freeze and Other Equitable Relief)(Day, Alfred) |
| Filing 1 COMPLAINT against Matthew O. Clason, filed by Securities and Exchange Commission. (Attachments: #1 Civil Cover Sheet)(Day, Alfred) |
| Judge Michael P. Shea added. (Walker, J.) |
| Request for Clerk to issue summons as to Matthew O. Clason. (Day, Alfred) |
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