Commodity Futures Trading Commission v. First State Depository Company, LLC et al
| Commodity Futures Trading Commission |
| First State Depository Company, LLC, Argent Asset Group LLC and Robert Leroy Higgins |
| 1:2022cv01266 |
| September 27, 2022 |
| US District Court for the District of Delaware |
| Richard G Andrews |
| Securities/Commodities |
| None |
Docket Report
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| Filing 41 RESPONSE to Motion re #34 MOTION for Order Compelling Turnover of Retainer Funds and Robert L. Higgins' Cross-Motion to Unfreeze Assets filed by Argent Asset Group LLC, First State Depository Company, LLC, Robert Leroy Higgins. (Wilks, David) |
Filing 40
ORDER: The Emergency Motion to Sell Certain Assets (D.I. #36 ) is GRANTED. It is hereby ordered that the Receiver is authorized to sell gold, silver, and platinum bullion owned by Defendant Argent Asset Group, LLC to raise $125,000 for the essential expenses of maintaining the security of the assets in receivership, as identified in the Receiver's Motion. The sales of the metals shall be to established metals dealers at prices within five percent (5%) of the New York Spot Price for such metals. The Receiver should submit a filing after the sales are made explaining how it was determined which metals were the Defendant's and not metals belonging to Defendant's customers. Signed by Judge Richard G. Andrews on 11/17/2022. (nms)
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| Filing 39 RESPONSE to #36 Emergency Motion to Sell Certain Assets, filed by Argent Asset Group LLC, First State Depository Company, LLC, Robert Leroy Higgins. (Attachments: #1 Certificate of Service)(Wilks, David) Modified on 11/17/2022 (nms). |
| Filing 38 REPLY Brief re #31 MOTION for Leave to Withdraw as Counsel, filed by Argent Asset Group LLC, First State Depository Company, LLC, Robert Leroy Higgins. (Attachments: #1 Certificate of Service)(Brooks, Andrea) Modified on 11/15/2022 (nms). |
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Filing 37
ORAL ORDER: Response to the Emergency Motion to Sell Certain Assets (D.I. #36 ) is due by COB on 11/16/2022. Ordered by Judge Richard G. Andrews on 11/14/2022. (nms)
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| Filing 36 Emergency Motion to Sell Certain Assets - filed by Kelly Crawford, in his capacity as Temporary Receiver of Defendants. (Attachments: #1 Proposed Order, #2 7.1.1 Certification, #3 Certificate of Service)(Palacio, Ricardo) Modified on 11/14/2022 (nms). |
| Filing 35 DECLARATION re #34 MOTION for Order Compelling Turnover of Retainer Funds, by Kelly Crawford, in his capacity as Temporary Receiver of Defendants. (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, #9 Certificate of Service)(Palacio, Ricardo) Modified on 11/9/2022 (nms). |
| Filing 34 MOTION for Order Compelling Turnover of Retainer Funds - filed by Kelly Crawford, in his capacity as Temporary Receiver of Defendants. (Attachments: #1 Proposed Order, #2 7.1.1 Statement, #3 Certificate of Service)(Palacio, Ricardo) Modified on 11/9/2022 (nms). |
| Set Answering Brief Deadline re #34 MOTION for Order Compelling Turnover of Retainer Funds. Answering Brief/Response due date per Local Rules is 11/23/2022. (nms) |
| Filing 33 ANSWERING BRIEF in Opposition re #31 MOTION for Leave to Withdraw as Counsel filed by Commodity Futures Trading Commission.Reply Brief due date per Local Rules is 11/15/2022. (Attachments: #1 Exhibit A)(Hunt, Brian) |
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Filing 32
ORDER: A hearing on the Motion for Leave to Withdraw as Counsel is now set for November 29, 2022, at 3:00 p.m. in Courtroom 6A. Defendants counsel shall provide notice of the hearing to Defendants First State Depository Company, Argent Asset Group, LLC, and Robert Leroy Higgins. Signed by Judge Richard G. Andrews on 10/27/2022. (nms)
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| CORRECTING ENTRY: The 7.1.1 Statement filed at D.I. 32 filed on 10/25/2022, has been removed from the docket. The statement was filed using an incorrect code. The 7.1.1 Statement has now been added to the motion filed at D.I. #31 . (nms) |
| Filing 31 MOTION for Leave to Withdraw as Counsel - filed by Argent Asset Group LLC, First State Depository Company, LLC, Robert Leroy Higgins. (Attachments: #1 Proposed Order)(Brooks, Andrea) Modified on 10/26/2022 (nms). (Additional attachment(s) added on 10/26/2022: #2 7.1.1 Statement) (nms). |
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Filing 30
ORAL ORDER: The Joint Motion Requesting Extension of Time to File Responsive Pleading (D.I. #29 ) is GRANTED. Defendants time to serve a responsive pleading under Fed. R. Civ. P. 12 until the later of: (1) December 7, 2022 or (2) 21 days after the Commission serves any amended complaint on Defendants through counsel. Ordered by Judge Richard G. Andrews on 10/20/2022. (nms)
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| Filing 29 Joint Motion Requesting Extension of Time to File Responsive Pleading - filed by Commodity Futures Trading Commission. (Hunt, Brian) Modified on 10/20/2022 (nms). |
| Pro Hac Vice Attorney Peter C. Lewis for Kelly Crawford, in his capacity as Temporary Receiver of Defendants added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb) |
| Filing 28 NOTICE OF SERVICE of (I) Notice of Deposition of Defendant Robert Leroy Higgins; (II) Notice of Deposition of Corporate Representative of Defendant First State Depository Company, LLC; and (III) Notice of Deposition of Corporate Representative of Defendant Argent Asset Group LLC re #26 Notice to Take Deposition, #25 Notice to Take Deposition, #27 Notice to Take Deposition filed by Kelly Crawford, in his capacity as Temporary Receiver of Defendants.(Palacio, Ricardo) |
| Filing 27 NOTICE to Take Deposition of Corporate Representative of Defendant Argent Asset Group LLC on October 20, 2022 filed by Kelly Crawford, in his capacity as Temporary Receiver of Defendants.(Palacio, Ricardo) |
| Filing 26 NOTICE to Take Deposition of Corporate Representative of Defendant First State Depository Company, LLC on October 20, 2022 filed by Kelly Crawford, in his capacity as Temporary Receiver of Defendants.(Palacio, Ricardo) |
| Filing 25 NOTICE to Take Deposition of Robert Leroy Higgins on October 20, 2022 filed by Kelly Crawford, in his capacity as Temporary Receiver of Defendants.(Palacio, Ricardo) |
| Set Answering Brief Deadline re #24 MOTION for Fees. Answering Brief/Response due date per Local Rules is 10/27/2022. (nms) |
| Filing 24 MOTION for Fees - filed by Kelly Crawford, in his capacity as Temporary Receiver of Defendants. (Attachments: #1 Certificate, #2 Proposed Order, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Certificate of Service)(Palacio, Ricardo) Modified on 10/13/2022 (nms). |
| Filing 23 CERTIFICATE OF SERVICE for Filings, by Commodity Futures Trading Commission (Hunt, Brian) Modified on 10/7/2022 (nms). |
| Filing 22 SUMMONS Returned Executed by Commodity Futures Trading Commission.Robert Leroy Higgins served on 10/4/2022, answer due 10/25/2022. (Hunt, Brian) |
| Filing 21 SUMMONS Returned Executed by Commodity Futures Trading Commission.First State Depository Company, LLC served on 10/4/2022, answer due 10/25/2022. (Hunt, Brian) |
| Filing 20 SUMMONS Returned Executed by Commodity Futures Trading Commission.Argent Asset Group LLC served on 10/4/2022, answer due 10/25/2022. (Hunt, Brian) |
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Filing 19
Order: The Joint Motion Extending Statutory Restraining Order and Adjourning Preliminary Injunction Hearing(D.I. #18 ) is GRANTED. The Preliminary Injunction hearing is CONTINUED to 12/2/2022, at 2:00 PM in Courtroom 6A. Signed by Judge Richard G. Andrews on 10/7/2022. (lah) Modified on 10/7/2022 (nms).
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| Filing 18 Joint Motion to Continue Preliminary Injunction Hearing - filed by Commodity Futures Trading Commission. (Attachments: #1 Proposed Order)(Hunt, Brian) Modified on 10/7/2022 (nms). |
| Filing 17 MOTION for Pro Hac Vice Appearance of Attorney Peter C. Lewis - filed by Kelly Crawford, in his capacity as Temporary Receiver of Defendants. (Attachments: #1 Certification by Counsel to be Admitted Pro Hac Vice, #2 Proposed Order)(Palacio, Ricardo) |
| Filing 16 NOTICE of Appearance by Ricardo Palacio on behalf of Kelly Crawford, in his capacity as Temporary Receiver of Defendants (Palacio, Ricardo) |
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SO ORDERED, re #17 MOTION for Pro Hac Vice Appearance of Attorney Peter C. Lewis filed by Kelly Crawford, in his capacity as Temporary Receiver of Defendants. Signed by Judge Richard G. Andrews on 10/7/2022. (lah)
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| Case Unsealed (nms) |
| Remark: This case has been unsealed as the Seal has expired (see D.I. #14 ). (nms) |
| Filing 15 NOTICE of Appearance by David E. Wilks and Andrea Brooks on behalf of Argent Asset Group LLC, First State Depository Company, LLC, and Robert Leroy Higgins. (nms) |
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Filing 14
ORDER: The Motion for a Brief Extension of the Order Sealing This Matter (D.I. #13 ) is GRANTED. Signed by Judge Richard G. Andrews on 10/3/2022. (nms)
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| Filing 13 MOTION for a Brief Extension of the Order Sealing This Matter - filed by Commodity Futures Trading Commission. (nms) |
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Filing 12
ORDER Granting #5 Motion for an Ex Parte Statutory Restraining Order, Appointment of a Temporary Receiver, and Other Equitable Relief. Order to Show Cause hearing is set for 10/11/2022, at 2:00 PM in Courtroom 6A (see Order for further details). Signed by Judge Richard G. Andrews on 9/29/2022. (nms)
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Filing 11
ORDER Granting #4 Motion for Leave to File Memorandum in Excess of the Page Limit. Signed by Judge Richard G. Andrews on 9/29/2022. (nms)
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Filing 10
ORDER Granting #1 Motion to Temporary Seal New Civil Action. Signed by Judge Richard G. Andrews on 9/29/2022. (nms)
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| Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (rjb) |
| Filing 9 Summons Issued as to Argent Asset Group LLC on 9/27/2022; First State Depository Company, LLC on 9/27/2022; Robert Leroy Higgins on 9/27/2022. (Attachments: #1 Summons Issued Argent Asset Group LLC, #2 Summons Issued Robert Leroy Higgins)(smg) |
| Filing 8 DECLARATION of Laura Miceli, by Commodity Futures Trading Commission. (Attachments: #1 Exhibit)(smg) Modified on 10/5/2022 (nms). |
| Filing 7 DECLARATION of David Miceli, by Commodity Futures Trading Commission. (Attachments: #1 Exhibit)(smg) Modified on 10/5/2022 (nms). |
| Filing 6 DECLARATION re #4 Ex Parte MOTION and MEMORANDUM in support for Statutory Restraining Order, Appointment of Temporary Receiver, and Other Equitable Relief by Commodity Futures Trading Commission. (Attachments: #1 Exhibits 1-25, #2 Exhibits 26-50, #3 Exhibits 51-54, #4 Exhibits 55-63)(smg) Modified on 10/5/2022 (nms). |
| Filing 5 Ex Parte MOTION and MEMORANDUM in support for Statutory Restraining Order, Appointment of Temporary Receiver, and Other Equitable Relief - filed by Commodity Futures Trading Commission. (Attachments: #1 Exhibit - CV and Bio of Kelly Crawford - Proposed Receiver, #2 Text of Proposed Order)(smg) Modified on 10/5/2022 (nms). |
| Filing 4 MOTION for Leave to File SRO Memorandum in Excess of the Page Limit - filed by Commodity Futures Trading Commission. (Attachments: #1 Text of Proposed Order)(smg) Modified on 10/5/2022 (nms). |
| Filing 3 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (smg) |
| Filing 2 COMPLAINT for Injunctive Relief, Restitution, Civil Monetary Penalties, and Other Equitable Relief Under the Commodity Exchange Act and Commission Regulations - filed against Argent Asset Group LLC, First State Depository Company, LLC, Robert Leroy Higgins - filed by Commodity Futures Trading Commission. (Attachments: #1 Civil Cover Sheet)(smg) Modified on 10/5/2022 (nms). |
| Filing 1 MOTION to Temporary Seal New Civil Action - filed by Commodity Futures Trading Commission. (Attachments: #1 Text of Proposed Order)(smg) Modified on 10/5/2022 (nms). |
| Remark: Exit copies to Duty Judge CFC. (smg) |
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