U.S. SECURITIES AND EXCHANGE COMMISSION v. E-SMART TECHNOLOGIES, INC. et al
Plaintiff: U.S. SECURITIES AND EXCHANGE COMMISSION
Defendant: TAMIO SAITO, E-SMART TECHNOLOGIES, INC., GEORGE SOBOL, KENNETH A. WOLKOFF, INTERMARKET VENTURES, INC., IVI SMART TECHNOLOGIES, INC., ROBERT J. ROWEN and MARY A. GRACE
Interested Party: MICHAEL GARDINER, RICHARD BARRETT, WAYNE DRIZIN and PATRICIA D. DOUGLASS
Case Number: 1:2011cv00895
Filed: May 13, 2011
Court: US District Court for the District of Columbia
Office: Washington, DC Office
County: 11001
Presiding Judge: James E Boasberg
Nature of Suit: Securities/Commodities
Cause of Action: 15 U.S.C. § 78
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 11, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 11, 2017 Filing 868 MANDATE of USCA as to #864 Notice of Appeal to DC Circuit Court filed by MARY A. GRACE, #863 Notice of Appeal to DC Circuit Court filed by TAMIO SAITO. USCA Case Number 16-5311 Consolidated with 16-5312. (Attachments: #1 order filed May 17, 2017)(zrdj)
February 8, 2017 Filing 867 MANDATE of USCA as to #848 Notice of Appeal to DC Circuit Court, filed by MARY A. GRACE, #849 Notice of Appeal to DC Circuit Court filed by TAMIO SAITO. USCA Case Number 16-5156 Consolidated with 16-5157. (Attachments: #1 order filed November 7, 2016)(zrdj)
October 31, 2016 USCA Case Number 16-5311 for #864 Notice of Appeal to DC Circuit Court filed by MARY A. GRACE. (zrdj)
October 31, 2016 USCA Case Number 16-5312 for #863 Notice of Appeal to DC Circuit Court filed by TAMIO SAITO. (zrdj)
October 28, 2016 Filing 866 Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date re #864 Notice of Appeal to DC Circuit Court. (znmw)
October 28, 2016 Filing 865 Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date re #863 Notice of Appeal to DC Circuit Court. (znmw)
October 27, 2016 Filing 864 NOTICE OF APPEAL TO DC CIRCUIT COURT as to #862 Order on Motion to Stay, by MARY A. GRACE. Filing fee $ 505, receipt number 0090-4724238. Fee Status: Fee Paid. Parties have been notified. (GRACE, MARY)
October 27, 2016 Filing 863 NOTICE OF APPEAL TO DC CIRCUIT COURT as to #862 Order on Motion to Stay, by TAMIO SAITO. Filing fee $ 505, receipt number 0090-4724221. Fee Status: Fee Paid. Parties have been notified. (GRACE, MARY)
October 24, 2016 Opinion or Order Filing 862 ORDER: The Court ORDERS that Defendants' #854 #856 Motions to Stay are DENIED. Signed by Judge James E. Boasberg on 10/24/2016.(lcjeb1)
October 13, 2016 Filing 861 ERRATA Correction of Errata Added to Joint Reply ECF 858 & ECF 859 by TAMIO SAITO #859 Reply to opposition to Motion,, filed by MARY A. GRACE, #858 Reply to opposition to Motion,, filed by TAMIO SAITO. (Attachments: #1 Errata Notice of Errata, #2 Errata Reply with Errata Added)(GRACE, MARY)
October 13, 2016 Filing 860 ERRATA Correction of Errata Added to Joint Reply ECF 858 & ECF 859 by MARY A. GRACE #859 Reply to opposition to Motion,, filed by MARY A. GRACE, #858 Reply to opposition to Motion,, filed by TAMIO SAITO. (Attachments: #1 Errata Notice of Errata, #2 Errata Corrected Reply with Errata Added)(GRACE, MARY)
October 12, 2016 Filing 859 REPLY to opposition to motion re #856 Emergency MOTION to Stay Final Judgment Pending Appeal - Date Corrected on Documents filed, #854 Emergency MOTION to Stay Final Judgment Pending Appeal Joint Reply of Mary Grace and Tamio Saito to Plaintiff's Opposition to Defendants Emergency Motion for A Stay of Final Judgment Pending Appeal filed by MARY A. GRACE. (Attachments: #1 Declaration Declaration of Authenticity of Mary Grace, #2 Declaration Declaration of Authenticity of Tamio Saito, #3 Exhibit Exhibit 1, #4 Exhibit Exhibit 2)(GRACE, MARY)
October 12, 2016 Filing 858 REPLY to opposition to motion re #856 Emergency MOTION to Stay Final Judgment Pending Appeal - Date Corrected on Documents filed, #854 Emergency MOTION to Stay Final Judgment Pending Appeal Joint Reply of Tamio Saito and Mary Grace to Plaintiff's Opposition to Defendants Emergency Motion for A Stay of Final Judgment Pending Appeal filed by TAMIO SAITO. (Attachments: #1 Declaration Declaration of Authenticity of Tamio Saito, #2 Declaration Declaration of Authenticity of Mary Grace, #3 Exhibit Exhibit 1, #4 Exhibit Exhibit 2)(GRACE, MARY)
October 5, 2016 Filing 857 Memorandum in opposition to re #855 Emergency MOTION to Stay of Final Judgment Pending Appeal, #856 Emergency MOTION to Stay Final Judgment Pending Appeal - Date Corrected on Documents filed, #854 Emergency MOTION to Stay Final Judgment Pending Appeal filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Exhibit A, #2 Exhibit B)(Guido, Kenneth)
September 26, 2016 Opinion or Order MINUTE ORDER: In responding to Defendants' Emergency Motions, the Court ORDERS that the SEC should address whether Defendants have even filed a timely appeal. Signed by Judge James E. Boasberg on 9/26/2016. (lcjeb1)
September 21, 2016 NOTICE OF CORRECTED DOCKET ENTRY: re #855 Emergency MOTION to Stay of Final Judgment Pending Appeal was entered in error and plaintiff refiled said pleading as docket entry no. #856 . (td)
September 20, 2016 Filing 856 Emergency MOTION to Stay Final Judgment Pending Appeal - Date Corrected on Documents filed by MARY A. GRACE (Attachments: #1 Memorandum in Support Memorandum in Support of Defendant's Motion for a Stay of Final Judgment Pending Appeal 9-20-2016, #2 Declaration Declaration of Mary GraceSept 20, 2016, #3 Exhibit EXHIBIT 1 Excerpts from Jan. 29, 2016 Hearing (ECF 821-5))(GRACE, MARY)
September 20, 2016 Filing 855 ENTERED IN ERROR. . . . .Emergency MOTION to Stay of Final Judgment Pending Appeal by MARY A. GRACE (Attachments: #1 Memorandum in Support Memorandum in Support of Defendant's Motion for a Stay of Final Judgment Pending Appeal, #2 Declaration Declaration of Mary Grace)(GRACE, MARY) Modified on 9/21/2016 (td).
September 19, 2016 Filing 854 Emergency MOTION to Stay Final Judgment Pending Appeal by TAMIO SAITO (Attachments: #1 Memorandum in Support Defendant Tamio Saito's Memorandum in Support of Defendant's Emergency Motion for a Stay of Final Judgment Pending Appea, #2 Declaration Declaration of Tamio Saito as to Authenticity of Document, #3 Exhibit Bio Tamio Saito, #4 Exhibit Exhibit 2A, #5 Exhibit Exhibit 2B, #6 Exhibit Exhibit 2A, #7 Exhibit Exhibit 2C-1, #8 Exhibit Exhibit 2C-2, #9 Exhibit Exhibit 2C-3, #10 Exhibit Exhibit 2C-14, #11 Exhibit Exhibit 2C-5, #12 Exhibit Exhibit 2C-6, #13 Exhibit Exhibit 3, #14 Exhibit Exhibit 4, #15 Exhibit Exhibit 4A., #16 Exhibit Exhibit 5)(GRACE, MARY)
June 3, 2016 USCA Case Number 16-5156 for #848 Notice of Appeal to DC Circuit Court, filed by MARY A. GRACE. (zrdj)
June 3, 2016 USCA Case Number 16-5157 for #849 Notice of Appeal to DC Circuit Court filed by TAMIO SAITO. (zrdj)
June 1, 2016 Filing 853 Supplemental Record on Appeal transmitted to US Court of Appeals re #848 Notice of Appeal to DC Circuit Court, ; (td)
May 31, 2016 Filing 852 Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date 5/29/16 re #848 Notice of Appeal to DC Circuit Court, #851 Amended Notice of Appeal, #849 Notice of Appeal to DC Circuit Court, #850 Amended Notice of Appeal. (td)
May 30, 2016 Filing 851 Amended NOTICE OF APPEAL re appeal #848 by MARY A. GRACE. (GRACE, MARY)
May 30, 2016 Filing 850 Amended NOTICE OF APPEAL re appeal #849 by TAMIO SAITO. (GRACE, MARY)
May 29, 2016 Filing 849 NOTICE OF APPEAL TO DC CIRCUIT COURT as to #845 Order, Order on Motion for Reconsideration,,, by TAMIO SAITO. Filing fee $ 505, receipt number 0090-4547250. Fee Status: Fee Paid. Parties have been notified. (GRACE, MARY)
May 29, 2016 Filing 848 NOTICE OF APPEAL TO DC CIRCUIT COURT as to #840 Memorandum & Opinion, #845 Order, #839 Order on Sealed Motion for Leave to File Document Under Seal, Order on Motion for Reconsideration,,, by MARY A. GRACE. Filing fee $ 505, receipt number 0090-4547247. Fee Status: Fee Paid. Parties have been notified. (GRACE, MARY)
April 29, 2016 Opinion or Order MINUTE ORDER: The Court ORDERS that Defendants Grace and Saito's #846 , #847 Motions for Reconsideration of Order Denying Motion for Sanctions are DENIED. The present Motions offer nothing not present in the original motion for sanctions, which the Court has already found wanting. Signed by Judge James E. Boasberg on 4/29/16. (lcjeb1)
April 27, 2016 Filing 847 MOTION for Reconsideration re #846 MOTION for Reconsideration re #845 Order Defendant's Motion for Reconsideration for Order Denying Motion for Sanctions - by Mary Grace and Tamio Saito, #845 Order Exhibits to Defendants Motion for Reconsideration EFC 846 by MARY A. GRACE (Attachments: #1 Exhibit Exhibit Index for Defendant's Motion for Reconsideration, #2 Exhibit Exhibit 1 Hearing Dec. 11, 2014 SEC v. E-SMART, #3 Exhibit Exhibit 2 (Proposed) Order for Defendant's Motion for Sanctions 820-1, #4 Exhibit Exhibit 3 Wells Submission of Mary Grace -842-9, #5 Exhibit Exhibit 4 Plaintiff Att 16, 17 & 18 -Fabricated, Forged Unsigned Draft Letter Purportedly for the Auditor to the Board of Directors 838-6, #6 Exhibit Exhibit 5 Draft Declaration Prepared by Plaintiff's Counsel sent to Defendant's Expert Dr. Bavarian to sign 812-9, #7 Exhibit Exhibit 6 Declaration of Dr. Behnam Bavarian March 10, 2015 812-5, #8 Exhibit Exhibit 7 Bio Dr. Behnam Bavarian PhD.812 short form, #9 Exhibit Exhibit 9 US Gov. Common Access Card (CAC Card), #10 Exhibit Exhibit 10 US Gov Transportation Worker Identification Credential (TWIC Card), #11 Exhibit Exhibit 11 Backdated Memo 816-1., #12 Exhibit Exhibit 12 e-mail Cover with Draft of 2007 10K, #13 Exhibit Exhibit 13 Plaintiff Expert Invoices Altered with Description of Work Erased 552-2., #14 Exhibit Exhibit 14 PL. ATT. 3 Falsely Alleged Forged Document 838-3, #15 Exhibit Exhibit 15 2007 10-KSB E-Smart Technologies Inc - 10-K for 12/31/07)(GRACE, MARY)
April 27, 2016 Filing 846 MOTION for Reconsideration re #845 Order Defendant's Motion for Reconsideration for Order Denying Motion for Sanctions - by Mary Grace and Tamio Saito by MARY A. GRACE (Attachments: #1 Declaration Declaration of Authenticity of Tamio Saito, #2 Declaration Declaration of Authenticity of Mary Grace, #3 Exhibit Exhibit Index for Defendant's Motion for Reconsideration)(GRACE, MARY)
March 30, 2016 Opinion or Order Filing 845 ORDER: The Court ORDERS that Defendants' #812 Motion for Sanctions is DENIED. Signed by Judge James E. Boasberg on 3/30/16. (lcjeb1)
January 26, 2016 Filing 844 ERRATA Notice of Eratta to Defendant's Reply to Plaintiff's Opposition to Defendant's Moton for Sanctions for Improprieties Comitted by Plaintiff's Counsel Jan. 25, 2016 w. eratta added to Reply [Final] by MARY A. GRACE #842 Reply to opposition to Motion,,, filed by MARY A. GRACE. (Attachments: #1 Errata Final] Defendant's Reply to Plaintiff's Opposition to Defendant's Moton for Sanctions for Improprieties Comitted by Plaintiff's Counsel Jan. 25, 2016 w. Eratta)(GRACE, MARY)
January 26, 2016 Filing 843 LARGE ADDITIONAL ATTACHMENT(S) Defendant's Reply to Plaintiff's Opposition to Defendant's Motion for Sanctions for Improprieties Committed by Plaintiff's Counsel by MARY A. GRACE #842 Reply to opposition to Motion,,, filed by MARY A. GRACE. (Attachments: #1 Exhibit Exhibit 10 Jan. 29. SEC v. E-SMART 1-29-15, #2 Exhibit Exhibit 11 Tamio Saito Deposition SEC Sept 11. 2014)(GRACE, MARY)
January 25, 2016 Filing 842 REPLY to opposition to motion re #812 MOTION for Sanctions Defendant's Mary Grace and Tamio Saito's Motions for Sanctions Defendant's Reply to Plaintiff's Opposition to Defendant's Motion for Sanctions for Improprieties Committed by Plaintiff's Counsel filed by MARY A. GRACE. (Attachments: #1 Declaration 2. Declaration of Mary Grace as to Authenticity of Document, #2 Declaration, #3 Exhibit 4. Exhibit Index 1, #4 Exhibit Exhibit 1 Dec. 11, 2015 SEC v. E-SMART TECHNOLOGIES INC., ET AL 12-11-14, #5 Exhibit Exhibit 2 Purported Forged Opinion 838-3, #6 Exhibit Exhibit 3 Backdated Memo, #7 Exhibit Exhibit 4, 5 & 6 (all in same file of Plaintiff's filing 838-6, #8 Exhibit Exhibit 7 e-mail from Stewart Hung Sept 5, 2008, #9 Exhibit Exhibit 9 Wells Submission of Mary Grace Jan. 19, 2010)(GRACE, MARY)
January 14, 2016 Filing 841 SEALED DOCUMENT filed by U.S. SECURITIES AND EXCHANGE COMMISSION. re #839 Order on Sealed Motion for Leave to File Document Under Seal. (This document is SEALED and only available to authorized persons.)(ztd)
January 14, 2016 Opinion or Order Filing 840 MEMORANDUM OPINION re #839 Final Order and Judgment. Signed by Judge James E. Boasberg on 01/14/2016. (lcjeb2)
January 14, 2016 Opinion or Order Filing 839 FINAL ORDER AND JUDGMENT setting forth remedies against all defendants and GRANTING #811 Sealed Motion for Leave to File Document Under Seal. Signed by Judge James E. Boasberg on 01/14/2016. (lcjeb2)
January 12, 2016 Filing 838 Memorandum in opposition to re #812 MOTION for Sanctions Defendant's Mary Grace and Tamio Saito's Motions for Sanctions OPPOSITION filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Declaration, #2 Attachments 1-2, #3 Attachments 3-7, #4 Attachments 8-11, #5 Attachments 12-15, #6 16-21, #7 Declaration, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit)(Guido, Kenneth)
December 31, 2015 Filing 837 MOTION to ClarifyAttachments to Defendant's Motion for Sanctions (Docket 812) by MARY A. GRACE (Attachments: #1 Exhibit Exhibit 1.) Attachment 2A-1a - M.Fritz Wells Submission Excerpt)(GRACE, MARY)
December 28, 2015 Filing 836 NOTICE by MARY A. GRACE, TAMIO SAITO re #812 MOTION for Sanctions Defendant's Mary Grace and Tamio Saito's Motions for Sanctions (Attachments: #1 Exhibit); (Original in file room)(td)
December 28, 2015 Filing 835 NOTICE by MARY A. GRACE, TAMIO SAITO re #812 MOTION for Sanctions Defendant's Mary Grace and Tamio Saito's Motions for Sanctions (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit Index); (td)
December 28, 2015 Filing 834 NOTICE by MARY A. GRACE, TAMIO SAITO re #812 MOTION for Sanctions Defendant's Mary Grace and Tamio Saito's Motions for Sanctions (Attachments: #1 Exhibit Revised Exhibit Index List); (ORIGINAL IN FILE ROOM); ("Leave to file GRANTED" by Judge James E. Boasberg)(td)
December 24, 2015 Filing 833 ERRATA Dkt. 812 - Five Attachments with yellow highlights removed in compliance with the Court's Order and replaced with gray scale by MARY A. GRACE #812 MOTION for Sanctions Defendant's Mary Grace and Tamio Saito's Motions for Sanctions filed by MARY A. GRACE. (Attachments: #1 Exhibit Attachment 4-1. With gray scale with yellow highlights removed, #2 Exhibit Attachment 4-1. With gray scale with yellow highlights removed, #3 Exhibit Attachment 4-1. With gray scale with yellow highlights removed, #4 Exhibit Attachment 4-1. With gray scale with yellow highlights removed, #5 Exhibit Attachment 4-1. With gray scale with yellow highlights removed, #6 Exhibit Attachment Exhibit Index indicating the Attachments in gray scale.)(GRACE, MARY)
December 22, 2015 Filing 832 ERRATA Incorrect Attachments Sent to the Clerk of the Court Replaced with Correct Attachments by MARY A. GRACE #812 MOTION for Sanctions Defendant's Mary Grace and Tamio Saito's Motions for Sanctions filed by MARY A. GRACE. (Attachments: #1 Errata 2. Replace Correct Attachment 3-D-1a. SENT TO THE CLERK OF THE COURT, #2 Errata 3. Replace Correct Attachment 3-D-1b. SENT TO THE CLERK OF THE COURT, #3 Errata 4. Replace Correct Attachment 3-D-1c. SENT TO THE CLERK OF THE COURT, #4 Errata 5. Attachment Exhibit Index of Evidentiary Support with Highlighted Eratta, #5 Exhibit 6. Final Clean Attachment Exhibit Index of Evidentiary Support)(GRACE, MARY)
December 21, 2015 Filing 831 MANDATE of USCA (certified copy) ORDERED that the order to show cause be discharged and on the court's own motion, that this appeal be dismissedfor lack of jurisdiction as to #729 Notice of Appeal to DC Circuit Court, filed by TAMIO SAITO. USCA Case Number 15-5195. (zrdj)
December 21, 2015 Filing 830 MANDATE of USCA (certified copy) ORDERED that the order to show cause be discharged and that the emergency motion to clarify and for leave to file aresponse to the order to show cause be dismissed as moot as to #699 Notice of Appeal to DC Circuit Court, filed by MARY A. GRACE. FURTHER ORDERED, on the court's own motion, that this appeal be dismissedfor lack of jurisdiction. USCA Case Number 15-5143. (zrdj) Modified on 12/21/2015 (zrdj).
December 18, 2015 Filing 829 MOTION for Extension of Time to File Response/Reply Defendant's Motion for a Extension to file a Reply to Plaintiff's Opposition to Defendant's Motion Dkt. 812 and regarding the dates both are to to be filed as explained in the Motion by MARY A. GRACE (GRACE, MARY)
December 18, 2015 Opinion or Order MINUTE ORDER granting Defendants' consent #829 Motion for Extension of Time to File. The Court ORDERS that: 1) the SEC shall file its Opposition to Defendants' #812 Motion for Sanctions on or before January 11, 2016; and 2) Defendants shall file their Reply on or before January 25, 2016. Signed by Judge James E. Boasberg on 12/18/15. (lcjeb1)
December 18, 2015 Set/Reset Deadlines: SEC's opposition to #812 Motion for Sanctions due by 1/11/2016; Replydue by 1/25/2016. (tg)
December 17, 2015 Filing 828 RESPONSE TO ORDER OF THE COURT re Order, filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Declaration)(Maher, Daniel)
December 16, 2015 Opinion or Order MINUTE ORDER: The Court ORDERS that, by December 18, 2015, the SEC shall produce to the Court electronic/soft copies of the prejudgment-interest report spreadsheets filed with: 1) Exhibit C of the SECs #788 supplemental memorandum, and 2) the Anderson Declaration, Attachment F to the SECs #725 motion for entry of final judgment. Signed by Judge James E. Boasberg on 12/16/15. (lcjeb1)
December 15, 2015 Filing 827 MOTION to ClarifyMotion to Clarify Plaintiff's Supplemental Reply (Dkt 810) by MARY A. GRACE (GRACE, MARY)
December 15, 2015 Opinion or Order MINUTE ORDER: As Defendants' #826 Motion to Clarify is not truly a motion seeking relief, but rather an explanation of their filings, the Court ORDERS that it is DENIED as moot. Signed by Judge James E. Boasberg on 12/15/15. (lcjeb1)
December 15, 2015 Opinion or Order MINUTE ORDER: The Court ORDERS that Defendant Grace's #827 Motion to Clarify, which the Court treats as a Motion to Strike, is GRANTED. Its prior Order of October 13, 2015, did not authorize any Reply brief; accordingly, the SEC's #810 Reply is STRICKEN. Signed by Judge James E. Boasberg on 12/15/15. (lcjeb1)
December 14, 2015 Filing 826 MOTION to ClarifyDefendant[s Mary Grace and Tamio Saito's Motion to Clarify Regarding Defendant's Motion for Sanctions, Memorandum and Attachments by MARY A. GRACE (Attachments: #1 Exhibit)(GRACE, MARY)
December 13, 2015 Filing 825 LARGE ADDITIONAL ATTACHMENT(S) which are Evidentiary support as the other Attachments in Dkt 812-823 to Defendant's Motion and Memorandum in Support of Defendants Motion for Sanctions by MARY A. GRACE #819 Large Additional Attachment(s),,,, filed by MARY A. GRACE, #823 Errata,, filed by MARY A. GRACE, #822 Large Additional Attachment(s),,,,,,,, filed by MARY A. GRACE, #817 Large Additional Attachment(s),,,,, filed by MARY A. GRACE, #820 Large Additional Attachment(s),,,,,,, filed by MARY A. GRACE, #813 Large Additional Attachment(s),,,,,,, filed by MARY A. GRACE, #814 Large Additional Attachment(s),,,,,,,,, filed by MARY A. GRACE, #818 Large Additional Attachment(s),,,,,,, filed by MARY A. GRACE, #821 Large Additional Attachment(s),,,,, filed by MARY A. GRACE, #816 Large Additional Attachment(s),,,,,,,, filed by MARY A. GRACE, #812 MOTION for Sanctions Defendant's Mary Grace and Tamio Saito's Motions for Sanctions filed by MARY A. GRACE, #824 Large Additional Attachment(s),,,,,,,, filed by MARY A. GRACE, #815 Large Additional Attachment(s),,,,, filed by MARY A. GRACE. (Attachments: #1 Exhibit Attachment 2E-D-4 Exhibit D - Plaintiff Misrepresentations about Grace Expense, #2 Exhibit Attachment 2E-D-4 Exhibit D-1-Misrepresentations regarding Grace's Other Means, #3 Exhibit Attachment 2E-D-4 Exhibit D-3 Misrepresentations regarding Grace Expenses 10K Excerpts, #4 Exhibit Attachment 2E-D-4 Exhibit G Misrepresentations and Omissions regarding Audit, #5 Exhibit Attachment 2E-D-5-1 - False Declarations, Affidavits, and Related Filings and Testimony, #6 Exhibit Attachment2E-D-2. Misrepresentation regarding Ownership of Defendant Companies and Technologies.pdf, #7 Exhibit REVISED ATTACHMENT-EXHIBIT INDEX)(GRACE, MARY)
December 13, 2015 Filing 824 LARGE ADDITIONAL ATTACHMENT(S) to Defendant's Memorandum in Support of Defendant's Motion for Sanctions (Dkt 812-1) by MARY A. GRACE #819 Large Additional Attachment(s),,,, filed by MARY A. GRACE, #823 Errata,, filed by MARY A. GRACE, #822 Large Additional Attachment(s),,,,,,,, filed by MARY A. GRACE, #817 Large Additional Attachment(s),,,,, filed by MARY A. GRACE, #820 Large Additional Attachment(s),,,,,,, filed by MARY A. GRACE, #813 Large Additional Attachment(s),,,,,,, filed by MARY A. GRACE, #814 Large Additional Attachment(s),,,,,,,,, filed by MARY A. GRACE, #818 Large Additional Attachment(s),,,,,,, filed by MARY A. GRACE, #821 Large Additional Attachment(s),,,,, filed by MARY A. GRACE, #816 Large Additional Attachment(s),,,,,,,, filed by MARY A. GRACE, #812 MOTION for Sanctions Defendant's Mary Grace and Tamio Saito's Motions for Sanctions filed by MARY A. GRACE, #815 Large Additional Attachment(s),,,,, filed by MARY A. GRACE. (Attachments: #1 Exhibit Attachment 2A-1e-2.SEC Interview of Elliot Cole, e-Smart and IVI Director 10-03-08, #2 Exhibit Attachment 2A-2e. Intermarket 2011 Shareholder List Detail, #3 Exhibit Attachment 2B-4-7. Testimony Transcript of Interview of Douglas Borwick with the SEC 1-10-2008 443-3, #4 Exhibit Attachment 2B..) e-mail Thread regarding loan and other share ratification, issuance and reissuance, valuation etc. by Couns, #5 Exhibit Attachment 2C-4-1 e-Smart 10-K for 12/31/07, #6 Exhibit Attachment 2D-3. Misrepresentions regarding Defendant Company Bank Accounts, #7 Exhibit Attachment 2E-D-4 (Exhibit D-1) Misrepresentation ATTACHMENT 2E-D-4 (Exhibit F) Misrepresentation of Accounting, Bookkeeping, General Ledger & Controls, #8 Attachment 2E-D-4 (Exhibit D-1) Misrepresentation of Grace Expenses Part 2, #9 Attachment 2E-D-4 Exhibit B Misrepresentations regarding Cash Withdrawals Audited and Approved as Business Ex, #10 ttachment 2E-D-4 Exhibit C Testimony of Accountants and Directors prove Misrepresentations of Plaintiff regarding separation of Business and Personal Expenses)(GRACE, MARY)
December 13, 2015 Filing 823 ERRATA for Defendants Memorandum in Support of Defendant's Motion for Sanctions (Dkt 812-1) by MARY A. GRACE #812 MOTION for Sanctions Defendant's Mary Grace and Tamio Saito's Motions for Sanctions filed by MARY A. GRACE. (Attachments: #1 Memorandum in Support Defendant's Memorandum in Support of Defendant's Motion for Sanctions(Dkt. 812-1) with Eratta Added, #2 Declaration Declaration of Mary Grace as to Authenticity of Eratta, #3 Declaration Declaration of Tamio Saito as to Authenticity of Eratta)(GRACE, MARY)
December 12, 2015 Filing 822 LARGE ADDITIONAL ATTACHMENT(S) to Defendants Mary Grace and Tamio Saito's Motion for Sanctions Index Attachments Categories No.. 4 & No. 5 by MARY A. GRACE #819 Large Additional Attachment(s),,,, filed by MARY A. GRACE, #817 Large Additional Attachment(s),,,,, filed by MARY A. GRACE, #820 Large Additional Attachment(s),,,,,,, filed by MARY A. GRACE, #813 Large Additional Attachment(s),,,,,,, filed by MARY A. GRACE, #814 Large Additional Attachment(s),,,,,,,,, filed by MARY A. GRACE, #818 Large Additional Attachment(s),,,,,,, filed by MARY A. GRACE, #821 Large Additional Attachment(s),,,,, filed by MARY A. GRACE, #816 Large Additional Attachment(s),,,,,,,, filed by MARY A. GRACE, #812 MOTION for Sanctions Defendant's Mary Grace and Tamio Saito's Motions for Sanctions filed by MARY A. GRACE, #815 Large Additional Attachment(s),,,,, filed by MARY A. GRACE. (Attachments: #1 Exhibit Attachment 4 Evidentiary Support - Excerpts of Testimony - to Prove Improper Deposition Conduct, #2 Exhibit Attachment 4-1) Annotated Interruptions -Deposition of Plaintiff IDTP Expert Michael McCabe., #3 Exhibit Attachment 4-2.) Annotated Interruptions Deposition of Plaintiff IDTP Expert Thomas Greiner., #4 Exhibit Attachment 4-1) Annotated Interruptions -Deposition of Plaintiff IDTP Expert Michael McCabe., #5 Exhibit Attachment 4-D-1.) November and December 2013 - IDTP Invoices, #6 Exhibit Attachment 4-D-2.) January 2014 IDTP Invoices., #7 Exhibit Attachment 4-D-3.) February 2014 IDTP Invoices, #8 Exhibit Attachment 4-D-4.) March 2014 IDTP Invoices., #9 Exhibit Attachment 4-D-5.) April 2014 IDTP Invoices., #10 Exhibit Attachment 4-D-6.) May 2014- IDTP Invoices, #11 Exhibit Attachment 4-D-7.) June 2014- IDTP Invoices, #12 Exhibit Attachment 4-D-8.) July 2014 IDTP Invoices..pdf, #13 Exhibit Attachment 4-D-9.) August 2014 - IDTP Invoices, #14 Exhibit Attachment 4-E.) ALTERED AND ERASED IDTP INVOICES January 2014, #15 Exhibit Attachment 5 Evidentiary Support of Excerpts of Testimony that Prove the Improprieties in No. 5 - Attachment 5)(GRACE, MARY)
December 12, 2015 Filing 821 LARGE ADDITIONAL ATTACHMENT(S) to Defendants Mary Grace and Tamio Saito's Motion for Sanctions - to Attachments 2 by MARY A. GRACE #819 Large Additional Attachment(s),,,, filed by MARY A. GRACE, #817 Large Additional Attachment(s),,,,, filed by MARY A. GRACE, #820 Large Additional Attachment(s),,,,,,, filed by MARY A. GRACE, #813 Large Additional Attachment(s),,,,,,, filed by MARY A. GRACE, #814 Large Additional Attachment(s),,,,,,,,, filed by MARY A. GRACE, #818 Large Additional Attachment(s),,,,,,, filed by MARY A. GRACE, #816 Large Additional Attachment(s),,,,,,,, filed by MARY A. GRACE, #812 MOTION for Sanctions Defendant's Mary Grace and Tamio Saito's Motions for Sanctions filed by MARY A. GRACE, #815 Large Additional Attachment(s),,,,, filed by MARY A. GRACE. (Attachments: #1 Attachment 2A-3c-8. Sejong City - Korea - Press Release & Info on I AM Card in Sejong City Pg. 11-12 13 & 14, #2 Attachment 2Ba. -May 8, 2008 Cover Letter to Transfer Agent Dkt. 293-11., #3 Attachment 2C-1a-1.) Deposition Testimony of Anthony Russo - Aug. 27, 2013 Dkt 759-8, #4 Attachment 2C-5-1.) Misrepresentations in Testimony Directly to the Court, #5 Attachment 2C-6. Transcript of the January 29, 2015 Hearing, #6 Attachment 2D-5. Deposition of Joseph Leshkowitz, Leshkowitz & Co. 7-10-2013)(GRACE, MARY)
December 12, 2015 Filing 820 LARGE ADDITIONAL ATTACHMENT(S) to Defendants Mary Grace and Tamio Saito's Motion for Sanctions by MARY A. GRACE #819 Large Additional Attachment(s),,,, filed by MARY A. GRACE, #817 Large Additional Attachment(s),,,,, filed by MARY A. GRACE, #813 Large Additional Attachment(s),,,,,,, filed by MARY A. GRACE, #814 Large Additional Attachment(s),,,,,,,,, filed by MARY A. GRACE, #818 Large Additional Attachment(s),,,,,,, filed by MARY A. GRACE, #816 Large Additional Attachment(s),,,,,,,, filed by MARY A. GRACE, #812 MOTION for Sanctions Defendant's Mary Grace and Tamio Saito's Motions for Sanctions filed by MARY A. GRACE, #815 Large Additional Attachment(s),,,,, filed by MARY A. GRACE. (Attachments: #1 Text of Proposed Order ORDER [Proposed Text], #2 Exhibit REVISED ATTACHMENT-EXHIBIT INDEX, #3 Exhibit Attachment 2A-3A-1 DVD of Mybi Card Delivery & Ceremony SENT TO THE CLERK OF THE COURT, #4 Exhibit Attachment 2E-1. E-Smart Mybi Card TV News SENT TO THE CLERK OF THE COURT, #5 Exhibit Attachment 2E-2. E-Smart Korea New Years Dinner for Partners and Customers and Employees 2009 SENT TO THE CLERK OF THE COURT, #6 Exhibit Attachment 3-D-1. Live Video Demonstration of Wireless Cards by Wireless Expert Marcello Soliven to Plaintiff Counsel Kenneth Guido and Thomas Rogers SENT TO THE CLERK OF THE COURT, #7 Exhibit Attachment 4-1 Deposition of Michael McCabe (Dkt. 523-14); (Video 4-1A.) (Dkt610-3) SENT TO THE CLERK OF THE COURT, #8 Exhibit Attachment 4-2.) Deposition of Thomas Greiner (Dkt. 523-15); Video 4-2A. (Dkt 610-2) SENT TO THE CLERK OF THE COURT, #9 Exhibit Attachment 4-3 Deposition of Gerald Smith (Dkt 523-16) (610-1) SENT TO THE CLERK OF THE COURT, #10 Exhibit Attachment 4-4). Audio Tape Witness Tampering Tampering of Michael McCabe SENT TO THE CLERK OF THE COURT)(GRACE, MARY)
December 12, 2015 Filing 819 LARGE ADDITIONAL ATTACHMENT(S) to Defendants Mary Grace and Tamio Saito's Motion for Sanctions by MARY A. GRACE #817 Large Additional Attachment(s),,,,, filed by MARY A. GRACE, #813 Large Additional Attachment(s),,,,,,, filed by MARY A. GRACE, #814 Large Additional Attachment(s),,,,,,,,, filed by MARY A. GRACE, #818 Large Additional Attachment(s),,,,,,, filed by MARY A. GRACE, #812 MOTION for Sanctions Defendant's Mary Grace and Tamio Saito's Motions for Sanctions filed by MARY A. GRACE, #816 Large Additional Attachment(s),,,,,,,, filed by MARY A. GRACE, #815 Large Additional Attachment(s),,,,, filed by MARY A. GRACE. (Attachments: #1 Exhibit Attachment 7-1 comparison with a lawyer with expertise in an advanced technology compared with Plaintiff's counsel -who had no expertise - but invoices prove he tried to do a test himself instead of having Experts do it, #2 Exhibit Attachment 7-1a.. Little Match Girl - Produced & Directed by Mary Grace - You Tube, #3 Exhibit Attachment 7-2.) Letter to the IG of the SEC on November 18, 2015 - shortly before the San Bernadino Terror Attack)(GRACE, MARY)
December 12, 2015 Filing 818 LARGE ADDITIONAL ATTACHMENT(S) to Defendants Mary Grace and Tamio Saito's Motion for Sanctions by MARY A. GRACE #817 Large Additional Attachment(s),,,,, filed by MARY A. GRACE, #813 Large Additional Attachment(s),,,,,,, filed by MARY A. GRACE, #814 Large Additional Attachment(s),,,,,,,,, filed by MARY A. GRACE, #816 Large Additional Attachment(s),,,,,,,, filed by MARY A. GRACE, #812 MOTION for Sanctions Defendant's Mary Grace and Tamio Saito's Motions for Sanctions filed by MARY A. GRACE, #815 Large Additional Attachment(s),,,,, filed by MARY A. GRACE. (Attachments: #1 Attachment 3-A Evidentiary Support to prove pattern of Misrepresentations to the Cour, #2 Attachment 3B.Evidentiary Support to prove Pattern of Mirepresentations to the Court, #3 Attachment 3C. Evidentiary Support to Prove Pattern of Misrepresenstation to the Court., #4 Attachment 3D Evidentiary Support to Prove Pattern of Misrepresentations to the Court, #5 Attachment 3G-1. Unreliable Witness Michael Gardiner Dkt. 318-5., #6 Attachment 3G-1b. Michael Gardiner Guilty Plea to Securities Fraud Dkt.711-8, #7 Attachment 3G-1c-2) Ap 10 2008 redlinePress Release NEWYORK1_31027596_1, #8 Attachment 3G-1c.) Court Order for Gardiner and Drizin to return stolen technology and property to e-Smart. 711-7, #9 Attachment 3G-2. Drizin Dkt.159-7.pdf, #10 Attachment 3G-2. Unreliable Witness Wayne Drizin Dkt 318-7, #11 Attachment 3G-3a. Barrett Red-line Edit t e-smart 2006 10-KSB.pdf, #12 Attachment 3G-4b. Excerpts from the Deposition of Alister Clisham, #13 Attachment 3G-4. Deposition of Anthropologist (imposter as engineer) Alister Clisham Dkt449-6, #14 Attachment 3G-5. Anthony Russo SEC Press Release of Fraud Charges Filed Dkt. 313-3, #15 Attachment 3G-6. Barry Yaker convicted of Fraud - Russo Partner/Associate in Funding and Attempted Takeover Dkt. 313-2)(GRACE, MARY)
December 12, 2015 Filing 817 LARGE ADDITIONAL ATTACHMENT(S) to Defendant's Mary Grace and Tamio Saito's Motion for Sanctions by MARY A. GRACE #813 Large Additional Attachment(s),,,,,,, filed by MARY A. GRACE, #814 Large Additional Attachment(s),,,,,,,,, filed by MARY A. GRACE, #816 Large Additional Attachment(s),,,,,,,, filed by MARY A. GRACE, #812 MOTION for Sanctions Defendant's Mary Grace and Tamio Saito's Motions for Sanctions filed by MARY A. GRACE, #815 Large Additional Attachment(s),,,,, filed by MARY A. GRACE. (Attachments: #1 Exhibit Attachment 2E-C-1.) Travel ^^Sept 2007- Nov. 2008, #2 Exhibit Attachment 2E-C-1a.) Worldwide Travel Business Photos Dkt.145-8., #3 Exhibit Attachment 2E-C-1b.)Worldwide Business Photos, #4 Exhibit Attachment 2E-C-2.) Harriman Travel and Business Meeting e-mails., #5 Exhibit Attachment 2E-C-2a.) Harriman - Brightside - Business Meetings and Travel Report Dkt.291-3, #6 Exhibit Attachment 2E-C-3.)Gaddo Cardini -e-mail Business Meeting and Travel reports, #7 Exhibit Attachment 2E-C-4.) Van Maasdijk Dkt.291-6, #8 Exhibit Attachment 2E-C-5.)William Sandler Business Travel Confirmations.pdf, #9 Exhibit Attachment 2E-C-6. Travel Confirmation Director Charles Black.)(GRACE, MARY)
December 12, 2015 Filing 816 LARGE ADDITIONAL ATTACHMENT(S) to Defendants Mary Grace and Tamio Saito's Motion for Sanctions by MARY A. GRACE #813 Large Additional Attachment(s),,,,,,, filed by MARY A. GRACE, #814 Large Additional Attachment(s),,,,,,,,, filed by MARY A. GRACE, #812 MOTION for Sanctions Defendant's Mary Grace and Tamio Saito's Motions for Sanctions filed by MARY A. GRACE, #815 Large Additional Attachment(s),,,,, filed by MARY A. GRACE. (Attachments: #1 Exhibit Attachment 2C Backdated Purported Recommendation Memo Dkt. 801-3, #2 Exhibit Attachment 2C-1 & 2C-2. Testimony of A. Russo re Backdated Memo - Testimony of Auditor re no bates stamp, #3 Exhibit Attachment 2C-1a - 5-08-14 SEC Deposition of AnthonyRusso Dkt 316-1, #4 Exhibit Attachment 2C-2a. Transcript of Deposition of Auditor Stewart Hung, Horowitz & Ullman July 11, 2013, #5 Exhibit Attachment 2C-3. E-Smart audited financials of e-Smarts 2006 10K Filed on Oct. 24, 2007, #6 Exhibit e-Smarts2006 10-KSB, #7 Exhibit Attachment 2C-5 Excerpts of Testimony of Plaintiff Counsel at the January 29, 2015 Hearing misrepresenting the date on the admitted backdated memo was accurate and testimony to prove misrepresentation directly to the Court, #8 Exhibit Attachment 2C-6. Transcript of the January 29, 2015 Hearing, #9 Exhibit Attachment 2D-1a) Forged [draft] Letter that was never sent - was produced by Plaintiff as l letter sent by Auditors which the Court relied upon and cited as a basis for Granting Summary Judgment Pl. DkT.386-33., #10 Exhibit Attachment 2D-2a.) Aug. 1, 2008 Letter to Auditor to Hung, #11 Exhibit Attachment 2D-2b-1.) Russo Yaker Funding Dkt.291-4, #12 Exhibit Attachment 2D-2b-2.)Fritz Letter to Yaker Feb. 2008 Source of FundsRe_ Confidential Letter to Barry Attorney Client Privilege, #13 Exhibit Attachment 2D-3 1 & 2.) Excerpts from e-mails proving auditors were not fired, #14 Exhibit Attachment 2D-4 & 2D-4-1 The testimony & e-mail of auditor Stewart Hung.pdf, #15 Exhibit Attachment 2E-B.1a. IVI Engagement Letter -Leshkowitx & Co. dkt. 630-9., #16 Exhibit Attachment 2E-B.1b.) e-Smart Engagement Letter - Leshkowitz Co. dkt. 630-8)(GRACE, MARY)
December 11, 2015 Filing 815 LARGE ADDITIONAL ATTACHMENT(S) toDefendant's Mary Grace and Tamio Saito's Motion for Sanctions by MARY A. GRACE #813 Large Additional Attachment(s),,,,,,, filed by MARY A. GRACE, #814 Large Additional Attachment(s),,,,,,,,, filed by MARY A. GRACE, #812 MOTION for Sanctions Defendant's Mary Grace and Tamio Saito's Motions for Sanctions filed by MARY A. GRACE. (Attachments: #1 Exhibit Attachment 2B & 2B-1.) Letters to Transfer Agent PL.Dkt. 325-4., #2 Exhibit Attachment 2B-2. Excerpts of Wells Submission of Maranda Fritz 11-03-2010 pg. 22-, #3 Exhibit Attachment 2B-4-1)- Russo Testimony June 12, 2008., #4 Exhibit Attachment 2B-4-2. Russo e-mail to Counsel Fritz to ratify the issuance of shares to pesons who provided Intermarket with loans and advances during 2006, #5 Exhibit Attachment 2B-4-3. Fritz (Hinshaw Culbertson) Invoices Dkt.293-12, #6 Exhibit Attachment 2B-4-4 Testimony of Maranda Fritz to the SEC March 12, 2008, #7 Exhibit Attachment 2B-4-5. Acting CFO Russo testified to the number of times Fritz told him she did her Opinion to reissue the loan shares, #8 Exhibit Attachment 2B-4-5-1. SEC Interview Anthony Russo, 6-12-08, #9 Exhibit Attachment 2B-4-6. SEC Interview of Maranda Fritz, March 12, 2008)(GRACE, MARY)
December 11, 2015 Filing 814 LARGE ADDITIONAL ATTACHMENT(S) Defendant's Mary Grace and Tamio Saito's Motions for Sanctions by MARY A. GRACE #813 Large Additional Attachment(s),,,,,,, filed by MARY A. GRACE, #812 MOTION for Sanctions Defendant's Mary Grace and Tamio Saito's Motions for Sanctions filed by MARY A. GRACE. (Attachments: #1 Attachment 2A-2a-1.) Fritz e-mail re not wanting to work with Goldman Judge Sporkin's rec, #2 Attachment 2A-2a-2) Skadden letter to Fritz June 2008 asking M.Fritz to stand down from SEC case and let the other lawyers handle it as Fritz testified to the SEC that she had done - but had not, #3 Attachment 2A-2a. SEC Interview Testimony of Maranda Fritz on March 12, 2008 that she had stood down in this case, #4 Attachment 2A-2b-1 Deposition of Beverly O'Meally e-Smart NY Office Mgr.3-11-2009, #5 Attachment 2A-2b. e-mail thread (excerpts ) re termination of Counsel Fritz and Hinshaw, #6 Attachment 2A-2c) Farella Braun-Neil Gotiener retained to investigate False Fritz Poison Pen letter - Re meeting with Fritz, #7 Attachment 2A-3-2 Filed with entire Samsung Supply Contract, on 3-13-2008, #8 Attachment 2A-3a. Attachment 2A-3A. Press Releases regarding Samsung and e-Smart Joint Business Teaming Agreements and Project, #9 Attachment 2A-3b.) Additional Wells Submission of Maranda Fritz - November 19, 2010, #10 Attachment 2A-3c-1.)FRITZ REDLINE SAMSUNG PRESS RELEASE - Dkt 290-2, #11 Attachment 2A-3c-3-1.)-RELEASE Mar. 4, 2008 -8K waiting, #12 ttachment 2A-3c-3.) Declaration of Kelly O'Meara re; Approval Requirement for Release of Press Releases Dkt. 188-6, #13 Attachment 2A-3c-5. Testimony of Charles R. Black to SEC 9-17-2008, #14 Attachment 2A-3c-4; Counsel Maranda Fritz Interview by SEC-3-12-2008, #15 Attachment 2A-3c-6. e-mail Thread - Lie That Lawyers Were Not Involved in Samsung Contract and Press Release., #16 Attachment 2A-3c-7. Letter to Samsung from NY Office Manager Dkt. 290-7., #17 Attachment 2A-3d. e-mail to Advisory Board Member 2-22-2008, #18 Attachment 2A-3e-1. M.Elek requesting IVI[Intermarket] shares instead of e-Smart shares for his private placement investmen, #19 Attachment 2A-3e-2. requesting exchanging e-Smart shares for IVI [Intermarket] shares, #20 Attachment 2A-3e-3. Michael Elek e-Mail Thread Feb. 4, - July 9. 2008 -No mention of Samsung -Change Stock from e-Smart to Intermarket)(GRACE, MARY)
December 11, 2015 Filing 813 LARGE ADDITIONAL ATTACHMENT(S) Defendant's Mary Grace and Tamio Motion for Sanctions by MARY A. GRACE #812 MOTION for Sanctions Defendant's Mary Grace and Tamio Saito's Motions for Sanctions filed by MARY A. GRACE. (Attachments: #1 Exhibit Attachment 2A-1a - M.Fritz Wells Submission Excerpts 1, #2 Exhibit Attachment 2A-1c & 2A-1c-1) Additional Wells Submission Excerpts 3 of Maranda Fritz 11-19-2010, #3 Exhibit Attachment 2A-1c-2.). Testimony of Maranda Fritz to SEC March 12, 2008- (DKT. 315-1), #4 Exhibit Attachment 2A-1c-3. SEC Interview Transcript of Fritz, Maranda 3-12-08, #5 Exhibit Attachment 2A-1C-4. Demand Note for Repayment of Loans from William Sandler loans 2006-2010 07-23-2012 Scan., #6 Exhibit Attachment 2A-1C-4a.). e-Mail to William Sandler agreeing to pay his loans to date ahead of those made before his, #7 Exhibit Attachment 2A-1C-4b-1. e-Mail from investor William McVey Dkt 318-1, #8 Exhibit Attachment 2A-1C-4b.2.) William Sandler Financing lea, #9 Exhibit Attachment 2A-1C-4c. -William Sandler Possible Funding, #10 Exhibit Attachment 2A-1d.) Wells Submission of Maranda Fritz 11-03-2015, #11 Exhibit Attachment 2A-1d-1.) Plaintiff's Crony Letter written for Fritz to use in her defense in a Malpractice litigation against her - which she used to severely prejudice defendants - a letter not normally provided by Enforcement, #12 Exhibit Attachment 2A-1e.) Testimony of Charles R. Black re Mary Grace reliance on a lot of lawyers, #13 Exhibit Attachment 2A-1e-1.) Testimony of Charles Black, e-Smart Director 9-17-08.pdf, #14 Exhibit Attachment 2A-1f-1.) eMail to Holladay - will call with Maranda, #15 Exhibit ttachment 2A-1f-2-) 14C Fritz Final Edits NEWYORK1_31027927_1, #16 Exhibit Attachment 2A-1f-2-1 attached) Fritz final e-mail with14C, #17 Exhibit Attachment 2A-1f-3.) Valuation Dkt 161-1)(GRACE, MARY)
December 11, 2015 Filing 812 MOTION for Sanctions Defendant's Mary Grace and Tamio Saito's Motions for Sanctions by MARY A. GRACE (Attachments: #1 Memorandum in Support Defendant's Memorandum in Support of Defendant's Motion for Sanctions Dec. 11, 2015, #2 Declaration Declaration of Mary Grace as to Authenticity of Documents, #3 Declaration Declaration of Tamio Saito as to Authenticity of Documents, #4 Exhibit ATTACHMENT-EXHIBIT INDEX, #5 Declaration Attachment 1A-1.) Declaration of Dr. Behnam Bavarian March 15, 2015 Dkt 641-1, #6 Exhibit Attachment 1A.2.) Excertps of Deposition Testimony of Dr. Behnam Bavarian PhD. Dkt 582-3, #7 Exhibit Attachment 1A.3.) SEC Deposition Transcript of Dr. Behnam Bavarian PhD. Aug. 1, 2014 Dkt 582-4, #8 Exhibit Attachment 1A.4.) Bio of Dr. Behnam Bavarian Dkt 582-1., #9 Exhibit Attachment 1A-5.) Declaration prepared and sent by Plaintiff to Defendant''s Expert Witness to get him to withdraw as Defndant's Expert Dkt. 641-2, #10 Exhibit Attachment 1B-1. Washington Times - Dkt 188-3, #11 Exhibit Attachment 1B-2) Fritz - WDC 291-1, #12 Exhibit Attachment 1B-2b-1.).) Contract (translation)_Soft I Tech_eSmart Korea 110701_Eng (2), #13 Exhibit Attachment 1B-2b=2.) Business Standard Subcontract_Soft I Tech_110701_Kor-1, #14 Exhibit Attachment 1B.3 Press Releases and at (www.e-Smart.com) news and press releases, #15 Exhibit Attachment 1B-4) SEC Press Release 10-17-2008 -e-Smart Technologies Inc. - 34-58801, #16 Exhibit Attachment 1B-5a) COURT ORDER TO RETURN STOLEN PROPERTY _ Joint Stipulation and Order - 2011-04-26 Dkt 368-7, #17 Exhibit Attachment 1B-6.) 'Like Givin Candy to a Baby ' Dkt.159-8)(GRACE, MARY)
December 11, 2015 Filing 811 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by U.S. SECURITIES AND EXCHANGE COMMISSION (This document is SEALED and only available to authorized persons.) (Attachments: #1 Exhibit Attachments 10 and 12 to Reply Filed Herewith)(Maher, Daniel)
December 11, 2015 Filing 810 STRICKEN PURSUANT TO MINUTE ORDER FILED 12/15/15. . . . . REPLY re #725 MOTION for Entry of Final Judgment Against defendants Mary Grace, Tamio Saito, e-Smart Technologies, Inc., IVI Smart Technologies, Inc., and Intermarket Ventures, Inc. and Response to Defendant Grace's Request For Apportionment filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Declaration, #2 Exhibit Attachments 1-13)(Maher, Daniel) Modified on 12/16/2015 (td).
December 7, 2015 Filing 809 ERRATA For Defendant's Opposition and Response [Dkt 806 Corrected (Dkt 805) Opposition and Response to Plaintiff's Supplemental Memorandum (Dkt. 788) by MARY A. GRACE Order on Motion for Extension of Time to File. (Attachments: #1 Declaration Declaration of Mary Grace as to Authenticity of Document, #2 Exhibit Exhibit 13a, #3 Exhibit Exhibit 13b, #4 Exhibit Exhibit 15A, #5 Exhibit Exhibit 15B, #6 Exhibit Exhibit 15C, #7 Exhibit Exhibit 15D)(GRACE, MARY)
December 5, 2015 Filing 808 LARGE ADDITIONAL ATTACHMENT(S) with Corrected Defendant's Opposition and Response to Plaintiff Supplemental Memorandum Dkt 788 - & Corrected Index of Exhibits - (Dkts 806 & 807 ) by MARY A. GRACE #806 Large Additional Attachment(s),,,,,, filed by MARY A. GRACE, #807 Large Additional Attachment(s),,,,,,, filed by MARY A. GRACE, Order on Motion to Strike, Order on Motion to Clarify,,,,,, #805 Memorandum filed by MARY A. GRACE. (Attachments: #1 Exhibit Exhibit A-1. Travel Agent Business Air & Hotel Confirmations e-mail Thread, #2 Exhibit Exhibit A-2a. Business Travel & Meeting Photo Confirmation 1, #3 Exhibit Exhibit A-2b. Business Travel Photo Confirmations, #4 Exhibit Exhbiit A2-3. [sent to Clerk of Court]., #5 Exhibit xhibit A-3a. Harriman Travel Report.p, #6 Exhibit Exhibit A-3b. Harriman Business Travel & Meeting Report, #7 Exhibit Exhibit A-4. Gaddo Cardine Business Travel & Meeting Report, #8 Exhibit Exhibit A-5 William Sandler Business Travel Confirmations, #9 Exhibit Exhibit A-5a Travel Confirmation Director Charles Black, #10 Exhibit EXHIBIT B Cash Withdrawals Audited and Approved as Business Exp, #11 Exhibit XHIBIT C Testimony of Accountants and Directors prove separation of Business and Personal Expenses for the audit, #12 Exhibit Exhibit D - Plaintiff Misrepresented Grace's Expenses.pdf, #13 Exhibit Exhibit D-1- Grace's Other Means, #14 Exhibit Exhibit D-2. Washington Times Insight Matazine, #15 Exhibit Exhibit D-3 Grace Expenses 10K Excerpts.pdf, #16 Exhibit Exhibit D-4. 200710-KSB E-Smart Technologies Inc - 10-K for 12/31/07, #17 Exhibit Exhibit E. Testimony and 10K and audits proves ownership of Defendant companies and expenses related thereto and that IVI &bIntermarket provided funding to e-Smar, #18 Exhibit EXHIBIT G Audits Were Accurate.pdf)(GRACE, MARY)
December 5, 2015 Filing 807 LARGE ADDITIONAL ATTACHMENT(S) Exhibits with Same 1st (Dkt805) Corrected Defendant's Opposition and Response to Plaintiff's Supplemental Memorandum Dkt 788 with Same 1st Corrected Exhibit Index by MARY A. GRACE #806 Large Additional Attachment(s),,,,,, filed by MARY A. GRACE, Order on Motion to Strike, Order on Motion to Clarify,,,,,, #805 Memorandum filed by MARY A. GRACE. (Attachments: #1 Exhibit Exhibit 11 Valuation of Technology Licenses from IVI to e-Smart 293-9., #2 Exhibit Exhibit 11a.Valuation Attached w. a Final 10K.pdf, #3 Exhibit Exhibit 12 Press Releases before and after Samsung Press Release., #4 Exhibit Exhibit 13 Backdated Purported Recommendation Memo801-3., #5 Exhibit Exhibit 14 Purported Letter from Auditors.pdf, #6 Exhibit Exhibit 16 Counsel Fritz Letter of Aug. 8, 2008.pdf, #7 Exhibit Exhibit 17. Final Draft of Samsung Press Release of Feb. 26, 2008 801-2.pdf, #8 Exhibit xhibit 18. Fritz RedLine Edit & Approval of e-Smart's 14C and, #9 Exhibit Exhibit 19 Douglas Borwick SEC Interview 1-10-2008 443-3.pdf, #10 Exhibit Exhbit 20 SEC Interview of Ex. Acting CFO Russo, Anthony 6-12-08., #11 Exhibit Exhibit 21 Director Charles Black SEC Interview 8-17-2008n443-2.pdf, #12 Exhibit Exhibit 22 SEC Interview of Director - Patton Boggs - Cole, Elliot 10-03-08.pdf, #13 Exhibit Exhbit 23 SEC Deposition of Ourside Accountant Firm Retained by e-Smart and IVI for Books and Record - Leshkowitz, Joseph 7-10-2013, #14 Exhibit Exhibit 24 SEC Depo of Auditor - Hung, Stewar, #15 Exhibit Exhbiit 25 2006 10K E-SMART TECHNOLOGIES INC (Form/ 10KSB, Received/ 10/24/2007 13/28/, #16 Exhibit Exhibit 25a. Barrett Red-line Edit t e-smart 2006 10-KSB)(GRACE, MARY)
December 5, 2015 Filing 806 LARGE ADDITIONAL ATTACHMENT(S) Corrected Opposition and Response to Plaintiff's Supplemental Memorandum Dkt. 788 & Exhibit Index and Exhibits by MARY A. GRACE Order on Motion to Strike, Order on Motion to Clarify,,,,,, #805 Memorandum filed by MARY A. GRACE. (Attachments: #1 Exhibit Corrected EXHIBIT INDEX, #2 Declaration Declaration of Mary Grace as to Authenticity of Documents, #3 Exhibit Exhibit 1 -May 8, Letter to Transfer Agent 293-11, #4 Exhibit Exhibit 2 Fritz, Maranda 3-12-08, #5 Exhibit Exhibit 3 Invoice billing for Fax Confirmation to Transfer Agent for Fritz Opinion Loan Shares reissued409-9, #6 Exhibit Exhibit 5 Demand Letter for Repayment of Loan from William Sandler, #7 Exhibit Exhibit 5A-1 -William Sandler Possible Funding, #8 Exhibit Exhibit 5A-2. William Sandler Financing lead, #9 Exhibit Exhibit 5A-3 William Sandler e-mail to Richard Kim.pdf, #10 Exhibit Exhbiit 5A-4. William Sandler Financing lead, #11 Exhibit Exhibit 6 - Wells Submission of Maranda Fritz - Nov. 19, 2010 - EXCERPTS only allowed by the Court., #12 Exhibit Exhibit 7 Michael Elek e-mail Requesting IVI Shares and not e-Smart Shares, #13 Exhibit Exhibit 8 Michael Elek 2nd e-mail Requesting IVI Shares and not e-Smart Shares, #14 Exhibit Exhibit 8A. Michael Elek e-Mail Thread Feb. 4, - July 9. 2008 -No mention of Samsung -Change Stock from e-Smart to Intermarket, #15 Exhibit xhibit 9 2005 10-KSB - E-Smart Technologies Inc - 10KSB for 12/31/05.pdf, #16 Exhibit Exhibit 10 Nasdaq Historical Stock Price Chart)(GRACE, MARY)
December 4, 2015 Filing 805 MEMORANDUM In Opposition re Order on Motion for Extension of Time to File by MARY A. GRACE. (Attachments: #1 Declaration Declaration of Authenticity, #2 Exhibit Exhibit Index)(GRACE, MARY) Modified on 12/8/2015 (td).
November 23, 2015 Filing 804 MOTION to Clarify Plaintiff's Filing on Friday Nov.20, 2015 by MARY A. GRACE (GRACE, MARY)
November 23, 2015 Opinion or Order MINUTE ORDER: The Court ORDERS that Plaintiff's #803 Motion to Strike is GRANTED for Defendant Grace's violation of the page limits the Court has repeatedly notified her of. As Plaintiff accurately points out, Grace's Attachments to her Motion, see ECF No. #795 , which are labeled "Evidentiary Support to Prove Misrepresentation," contain over 150 additional pages of legal argument. Attachments to a motion may consist of declarations or exhibits (e.g., documents, transcripts, photographs), but they may not consist of additional argument in an attempt to circumvent the Court's page limits. Grace may refile a compliant motion by December 11, 2015. In addition, the Court ORDERS that her #804 Motion to Clarify, which is actually an opposition to the SEC's Motion, is DENIED. Signed by Judge James E. Boasberg on 11/23/15. (lcjeb1)
November 20, 2015 Filing 803 MOTION to Strike #798 Large Additional Attachment(s),,,,,,,,,, #800 Large Additional Attachment(s),,,,,,,,, #801 Large Additional Attachment(s),,,,,, #795 MOTION for Sanctions Defendant's Motion for Sanctions by U.S. SECURITIES AND EXCHANGE COMMISSION (Guido, Kenneth)
November 20, 2015 Filing 802 MOTION for Extension of Time to File Opposition to Plaintiff's Supplemental Memorandum Ordered by the Court in its Memorandum Dkt. 786 by MARY A. GRACE (GRACE, MARY)
November 20, 2015 Filing 801 STRICKEN PURSUANT TO MINUTE ORDER FILED 11/23/15. . . . .LARGE ADDITIONAL ATTACHMENT(S) Part 2 of 1st Large Additional Filings - too big for 1 file- Attachments-Exhibits of Evidentiary Support to Memorandum in Support by MARY A. GRACE #800 Large Additional Attachment(s),,,,,,,,, filed by MARY A. GRACE. (Attachments: #1 Exhibit Attachment-Exhibit Index of Evidentiary Support, #2 Exhibit Attachment 2A-3c.)FRITZ REDLINE SAMSUNG PRESS RELEAS, #3 Exhibit Attachment 2 C.) Backdated 'Memo' Internal Control Recommendations Dkt. 298-3, #4 Exhibit Attachment 2D-1a) Forged [draft] Letter that was never sent - was produced by Plaintiff as l letter sent by Auditors which the Court relied upon and cited as a basis for Granting Summary Judgment DKT.386-33.p, #5 Exhibit Attachment 2D-2a.) Aug. 1, 2008 Letter to Auditor to Hung., #6 Errata Attachment 3G-1b.) Manufacturing logs of all productions on e-Smarts cards from 2003-2007 Dkt. 719-1.pdf, #7 Exhibit Attachment 3G-1c.) Nxgen Counterfeit cards.pdf, #8 Exhibit Attachment 2E-C1.) Travel ^^Sept 2007- Nov. 2008-, #9 Exhibit Attachment 2E-C1a.) Harriman Travel and Business Meeting e-mails., #10 Exhibit Attachment 2E-C1a-1.) Harriman - Brightside - Business Meetings and Travel Report Dkt.291-3, #11 Exhibit Attachment 2E-C1b.)Gaddo Cardini -e-mail Business Meeting and Travel reports.pdf, #12 Exhibit Attachment 2E. C-1c-1.) Worldwide Travel Business Photos Dkt.145-8.pdf, #13 Exhibit Attachment 2E.-C-1c-2.)Worldwide Business Photos (1).pdf, #14 Exhibit)(GRACE, MARY) Modified on 12/8/2015 (ztd).
November 20, 2015 Opinion or Order MINUTE ORDER granting #802 Motion for Extension of Time to File. Defendant Mary Grace shall file her response to Plaintiff's #788 Supplemental Memorandum on or before December 4, 2015. Signed by Judge James E. Boasberg on 11/20/15. (lcjeb1)
November 20, 2015 Set/Reset Deadlines: Supplemental Memorandum due by 12/4/2015. (mpt)
November 20, 2015 Set/Reset Deadlines: Defendant Mary Grace's response to Plaintiff's #788 Supplemental Memorandum due by 12/4/2015. (tg)
November 19, 2015 Filing 800 STRICKEN PURSUANT TO MINUTE ORDER FILED 11/23/15. . . . .LARGE ADDITIONAL ATTACHMENT(S) To Memorandum in Support of Defendant's Motion for Sanctions (with Eratta Added) by MARY A. GRACE #798 Large Additional Attachment(s),,,,,,,,,, filed by MARY A. GRACE, #799 Errata, filed by MARY A. GRACE. (Attachments: #1 Exhibit Attachment 1B-1.) Washington Times Insight Magazine Dkt. 188-3, #2 Exhibit Attachment 1B-2b.) Business Standard Subcontract_Soft I Tech_110701_Kor-1., #3 Exhibit Attachment 1B-2b-1.).) Contract (translation)_Soft I Tech_eSmart Korea 110701_Eng, #4 Exhibit Attachmnt 1B-4) SEC Press Release 10-17-2008 -e-Smart Technologies Inc. - 34-58801, #5 Exhibit Attachment 1B-5a/) COURT ORDER TO RETURN STOLEN PROPERTY _ Joint Stipulation and Order - 2011-04-26, #6 Exhibit Attachment 2A-1d.) Plaintiff's Crony Letter written for Fritz to use in her defense in a Malpractice litigation against her - which she used to severely prejudice defendants, #7 Exhibit Attachment 2A-1e-) 14C Fritz Final Edits NEWYORK1_31027927, #8 Exhibit Attachment 2A-1e.-1 Fritz final e-mail with14C.pdf, #9 Exhibit Attachment 2A-2a-1.) Fritz e-mail re not wanting to work with Goldman Judge Sporkin's rec, #10 Exhibit Attachment 2A-2a-2) Skadden letter to Fritz June 2008 asking M.Fritz to stand down from SEC case and let the other lawyers handle it as Fritz testified to the SEC that she had done - but had not, #11 Exhibit Attachment 2A-2b-1.) Gotiener - Re meeting with Fritz, #12 Exhibit Attachment 2A-3e-1.) William Sandler Letter 07-23-2012 Scan., #13 Exhibit Attachment 2B-2-1. ) eMail to Transfer Agent - March 12, 2007 - Will call with Maranda., #14 Exhibit Attachment 2B.)e-mail thead of Loan Letters to Transfer Agent with counsel ccd., #15 Exhibit Attachment 2 C.) Backdated 'Memo' Internal Control Recommendations Dkt. 298-3, #16 Exhibit Attachment 3G-1b.) Manufacturing logs of all productions on e-Smarts cards from 2003-2007 Dkt. 719-1, #17 Exhibit Attachment 4-D.) Judge Royce C. Lamberth annotated Order DC Case 1 05-cv-01437 RCL, #18 Exhibit Attachment 4-D.) Judge Royce C. Lamberth annotated Order DC Case 1 05-cv-01437 RCL, #19 Exhibit Attachment 7-1a.) Letter to Inspector General Hoecker November 18, 2015.)(GRACE, MARY) Modified on 12/8/2015 (ztd).
November 19, 2015 Filing 799 ERRATA One Attachment Number added as Eratta to Memorandum in Support of Defendant's Motion for Sanctions by MARY A. GRACE #795 MOTION for Sanctions Defendant's Motion for Sanctions filed by MARY A. GRACE. (Attachments: #1 Errata Eratta - one attachment number - Added to Memorandum)(GRACE, MARY)
November 18, 2015 Filing 798 STRICKEN PURSUANT TO MINUTE ORDER FILED 11/23/15. . . . .LARGE ADDITIONAL ATTACHMENT(S) Evidentiary Proof Attachment-Exhibits to Defendants Motion for Sanctions by MARY A. GRACE #795 MOTION for Sanctions Defendant's Motion for Sanctions filed by MARY A. GRACE. (Attachments: #1 Text of Proposed Order Text of Proposed Order, #2 Exhibit Attachment-Exhibit Index of Evidntiary Support (Revised), #3 Exhibit Attachment 1B-2.) Fritz - WDC Dkt 291-1, #4 Exhibit Attachment 2A-1E-3.) ValuationDkt 161-1, #5 Exhibit Attachment 2A-1e/) 14C Fritz Final Edits NEWYORK1_31027927_1, #6 Exhibit Attachment 2A-2c.) e-mail Thread proving in 2007 Fritz knew and participated in her Opinion Loan Transactions, Valuation of License and Approval of 2006 10K, #7 Exhibit ttachment 2A-3c-3. Letter to Samsung from NY Office Manager Dkt. 290-7, #8 Exhibit Attachment 2A-3cc.)-RELEASE Mar. 4, 2008 -8K waiting., #9 Exhibit Attachment 2B & 2B-1.) Dkt 325-4., #10 Exhibit Attachment 2B-3a.) Ratify Shares Follow up, #11 Exhibit Attachment 2B-3A.Counsel Fritz Ratify Shares & Will Follow up with Transfer Agent, #12 Exhibit Attachment 2B-6.) Candy Dkt.159-8, #13 Exhibit Attachment 2D-2a.) ESMT -Aug. 1, 2008 Ltr. to S. Hung - Horowitz-Ullmann0001, #14 Exhibit Attachment 2D-2B-1.) Russo Yaker Funding Dkt.291-4., #15 Exhibit Attachment 2E-C-1.) Video Sent to The Clerk of the Court, #16 Exhibit Attachment 2E-C-1b-2.) Van Maasdi, #17 Exhibit Attachment 2G-1c,) Ap 10 2008 redlinePress Release NEWYORK1_31027596_1, #18 Exhibit Attachment 3G-1-B. NXGEN COUNTERFEIT CARDS LOG719-2, #19 Exhibit Attachment 3G-2. Drizin Dkt.159-7, #20 Exhibit Attachment 4-1) Annotated Interruptions -Deposition Michael McCabe, #21 Exhibit Attachment 4-2.) Annotated Interruptions Deposition of Thomas Greiner, #22 Exhibit Attachment 4-3.) Annotated Interruptions Deposition Gerald Smith Dkt.297, #23 Exhibit Attachment 4-4. Clerk of the Court, #24 Exhibit Attachment 4-B-1 (Sent to Clerk of Court, #25 Exhibit Attachment 4-D-1.) November and December 2013 - IDTP Invoices., #26 Exhibit Attachment 4-D-2.) January 2014 IDTP Invoices., #27 Exhibit ebruary 2014 IDTP Invoices., #28 Exhibit Attachment 4-D-4.) March 2014 IDTP Invoices, #29 Exhibit Attachment 4-D-5.) April 2014 IDTP Invoices., #30 Exhibit Attachment 4-D-6.) May 2014- IDTP Invoices, #31 Exhibit Attachment 4-D-7.) June 2014- IDTP Invoices, #32 Exhibit Attachment 4-D-8.) July 2014, #33 Exhibit Attachment 4-D-9.) August 2014 - IDTP Invoices, #34 Exhibit Attachment 4-E.) ALTERED AND ERASED IDTP INVOICES January 2014)(GRACE, MARY) Modified on 12/8/2015 (ztd).
November 18, 2015 Opinion or Order MINUTE ORDER: The Court's Order of October 13, 2015, explicitly stated that any Opposition by Grace to the SEC's supplemental memorandum could not exceed 15 pages. See ECF No. 785 at 3. As Grace's is 45 pages, the Court ORDERS that her #796 Opposition is STRICKEN, and she shall have until November 25, 2015, to file a compliant Opposition. Signed by Judge James E. Boasberg on 11/18/15. (lcjeb1)
November 18, 2015 Opinion or Order MINUTE ORDER: As Defendant's #797 filing is in the form of a notice, rather than a motion seeking relief, the Court ORDERS that to the extent it is labeled a motion, it is DENIED. Signed by Judge James E. Boasberg on 11/18/15. (lcjeb1)
November 18, 2015 Set/Reset Deadlines: Grace's compliant opposition due by 11/25/2015. (tg)
November 17, 2015 Filing 797 NOTICE Clarifyfiling of Opposition to Plaintiff's Dkt. 788 subject to the by MARY A. GRACE (GRACE, MARY) Modified event title on 11/18/2015 (td).
November 17, 2015 Filing 796 STRICKEN PURSUANT TO MINUTE ORDER FILED 11/18/15. . . . .MEMORANDUM re #785 Order on Motion for Entry of Final Judgment,, by MARY A. GRACE. (Attachments: #1 Declaration Declaration of Mary Grace to Authenticity of Documents, #2 Exhibit Exhibir 1.)Evidentiary Support of Proof of Misrepresentations about Loans, #3 Exhibit Exhibit 2 Demand Letter for Repayment of Loan from William Sandle, #4 Exhibit Exhibit 3 Evidentiary Support of Proof - Ownership of Defendant Companies was Misrepresented, #5 Exhibit Exhibit 3-1. Travel Confirmations from Sept 2007- Nov. 2008- (& Exhibit 9, #6 Exhibit Exhibit 4.Defendant's Memorandum in Support of Defendant's Motion for Sanction, #7 Exhibit Exhibit 5 Historical Stock Prices Dkt.194-7, #8 Exhibit Exhibit 6 Evidentiary Proof of Misrepresentations in Declarations and Affidavits, #9 Exhibit Exhibit 7 Michael Elek e-Mail Thread Feb. 4, - July 9. 2008 -No mention of Samsung -Change Stock from e-Smart to Intermarket, #10 Exhibit Exhibit 8. Plaintiff Misrepresentations regarding the Samsung Supply Contract, Press Release & 8k, #11 Exhibit Exhibit 10 Washington Times Cover Story Dkt 188-3, #12 Exhibit Exhibit 14a. Evidentiary Proof Plaintiff misrepresented Books and Records - Accounting Staff - General Ledger - Accounting Procedures, #13 Exhibit Exhibit14b. Evidentiary Proof Plaintiff lied about the Bank Accounts - Books & Records IVI bank accounts, #14 Exhibit INDEX OF EXHIBITS.pdf)(GRACE, MARY) Modified on 11/18/2015 (td).
November 17, 2015 Filing 795 STRICKEN PURSUANT TO MINUTE ORDER FILED 11/23/15. . . . . MOTION for Sanctions Defendant's Motion for Sanctions by MARY A. GRACE (Attachments: #1 Memorandum in Support Memorandum in Support, #2 Declaration Declaration of Authenticity of Tamio Saito, #3 Exhibit Attachment 2E.A.)Evidentiary Support to Prove PerjurEvidentiarty Support of PerjuredEvidentiary Support to prove misrepresenttions in re Declarations and Affidavits, #4 Exhibit Attachment 2. A-1.)Evidentiary Support to prove misrepresentation of of legitimate Business Expenses, #5 Exhibit Attachment2E-B.) Evidentiary Support to prove misrepresentations in testimony, #6 Exhibit Attachmen2E-D.) Evidentiarty Support to prove misrepresentation regarding ownership, #7 Exhibit Attachment 2E-C.)Evidentiary Support to prove misrepresentation regarding bank accounts, #8 Exhibit Attachment 3A.)Evidentiary Support to prove misrepresentation about the Sensors used on Defendant's Cards, #9 Exhibit Attachment 3B.) Evidentiary Support to prove commercial viability of Defendant's smart cards, #10 Exhibit Attachment 3C.) Evidentiary Support to prove misrepresentations regarding different wireless technologies on Defendants cards from around 2004-2005, #11 Exhibit Attachment 3D.) Evidentiary Support to prove misrepresentatons regarding Defendants Biometric Verification Security System, #12 Exhibit Attachment 3G.) Evidentiary Support to prove unreliable witnesses, #13 Exhibit Attachment 4.)Evudentiary Support to prove improper deposition conduct, #14 Exhibit Attachment 5.)Evidentiary Support to prove improprieties, #15 Exhibit Attachment 6.)Evidentiary Support to prove improprieties, #16 Exhibit Att. 1B-1.) Washington Times Insight Magazine, #17 Exhibit Attachment -Exhibit Index, #18 Declaration Declaration of Authenticity)(GRACE, MARY) Modified on 12/8/2015 (ztd).
November 13, 2015 Filing 794 CONSENT JUDGMENT as to Defendant Robert J. Rowen. Signed by Judge James E. Boasberg on 11/13/15. (lcjeb1)
November 12, 2015 Filing 793 NOTICE of Filing of Consent and Proposed Final Judgment as to Defendant Robert J. Rowen by U.S. SECURITIES AND EXCHANGE COMMISSION re Order, (Attachments: #1 Exhibit Consent of Defendant Robert J. Rowen, #2 Text of Proposed Order Final Judgment as to Defendant Robert J. Rowen)(Cohen, Matthew)
November 3, 2015 Opinion or Order MINUTE ORDER: Once again, Defendants Grace and Saito have violated the Court's page limits. As explained in the Court's Minute Order of September 22, 2015, Defendants may not file two pleadings that operate as memoranda and together exceed 45 pages. They may file a brief -- i.e., 1-2 pages -- motion and then an accompanying memorandum not to exceed 45 pages. The Court, accordingly, ORDERS that their #790 Motion for Sanctions is DENIED WITHOUT PREJUDICE for failing to comply, and their #789 Motion to Clarify is TERMINATED since it is an explanation of their Motion, not a separate motion itself. Signed by Judge James E. Boasberg on 11/3/15. (lcjeb1)
November 2, 2015 Filing 790 MOTION for Sanctions Defendants Mary Grace and Tamio Saito Motion for Sanctions by MARY A. GRACE (Attachments: #1 Memorandum in Support Memorandum in Support, #2 Declaration Declaration of Mary Grace, #3 Declaration Declaration of Tamio Saito, #4 Exhibit ATTACHMENT 2E. A, #5 Exhibit ATTACHMENT 2E. B, #6 Exhibit ATTACHMENT 2E. C, #7 Exhibit ATTACHMENT 2E. D, #8 Exhibit ATTACHMENT 2E. E, #9 Exhibit ATTACHMENT 3A, #10 Errata ATTACHMENT 3B, #11 Exhibit ATTACHMENT 3C, #12 Exhibit ATTACHMENT 3D, #13 Exhibit ATTACHMENT 3G, #14 Exhibit ATTACHMENT 4, #15 Exhibit ATTACHMENT 5, #16 Exhibit ATTACHMENT 6)(GRACE, MARY)
November 2, 2015 Filing 789 MOTION to ClarifyInstructions in Minute Order by MARY A. GRACE (GRACE, MARY)
October 27, 2015 Opinion or Order Filing 792 ORDER of USCA (certified copy) ORDERED that the order to show cause be discharged and FURTHER ORDERED that the emergency motion to clarify and for leave to file a response to the order to show cause be dismissed as moot as to #699 Notice of Appeal to DC Circuit Court, filed by MARY A. GRACE. FURTHER ORDERED, on the courts own motion, that this appeal be dismissedfor lack of jurisdiction USCA Case Number 15-5143. (vt)
October 27, 2015 Opinion or Order Filing 791 ORDER of USCA (certified copy) ORDERED that the order to show cause be discharged and FURTHER ORDERED, on the courts own motion, that this appeal be dismissed for lack of jurisdiction as to #729 Notice of Appeal to DC Circuit Court, filed by TAMIO SAITO. USCA Case Number 15-5195. (vt)
October 27, 2015 Filing 788 SUPPLEMENTAL MEMORANDUM to re #725 MOTION for Entry of Final Judgment Against defendants Mary Grace, Tamio Saito, e-Smart Technologies, Inc., IVI Smart Technologies, Inc., and Intermarket Ventures, Inc. filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Maher, Daniel)
October 23, 2015 Opinion or Order MINUTE ORDER: Having considered Plaintiff SEC's and Defendant Robert J. Rowen's #787 Joint Status Report, the Court ORDERS that the parties shall file a further joint status report on or before November 20, 2015, if Defendant's signed Consent and a proposed Final Judgment have not been filed by that date. Signed by Judge James E. Boasberg on 10/23/15. (lcjeb1)
October 23, 2015 Set/Reset Deadlines: Joint Status Report pursuant to Minute Order dated 10/23/2015 due by 11/20/2015. (tg)
October 22, 2015 Filing 787 Joint STATUS REPORT Regarding Proposed Settlement by U.S. SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Text of Proposed Order)(Cohen, Matthew)
October 13, 2015 Opinion or Order Filing 786 MEMORANDUM OPINION re #785 Order granting in part and denying in part Plaintiff's #725 Motion for Entry of Final Judgment. Signed by Judge James E. Boasberg on 10/13/15. (lcjeb1)
October 13, 2015 Opinion or Order Filing 785 ORDER: For the reasons set forth in the accompanying Memorandum Opinion, the Court ORDERS that: 1) Plaintiff's #725 Motion for Entry of Final Judgment is GRANTED IN PART and DENIED IN PART; 2) Plaintiff shall file its supplemental brief according to the instructions provided in this Order on or before October 27, 2015; 3) Defendant Mary Grace shall file her Opposition according to the instructions provided in this Order on or before November 17, 2015. Signed by Judge James E. Boasberg on 10/13/15. (lcjeb1)
October 13, 2015 Set/Reset Deadlines: Plaintiff's supplemental brief due by 10/27/2015; Defendant Mary Grace's opposition due by 11/17/2015. (tg)
October 5, 2015 Opinion or Order MINUTE ORDER: The Court ORDERS that Plaintiff's #771 Motion in Limine is DENIED WITHOUT PREJUDICE as moot given the impending settlement. Signed by Judge James E. Boasberg on 10/5/15. (lcjeb1)
September 22, 2015 Filing 784 Joint MOTION to Continue Because of Pending Settlement Under Review by U.S. SECURITIES AND EXCHANGE COMMISSION (Attachments: #1 Text of Proposed Order)(Cohen, Matthew)
September 22, 2015 Filing 783 MOTION for Leave to File Defendant's Mary Grace and Tamio Saito's Motion for Sanctions by MARY A. GRACE (Attachments: #1 Memorandum in Support Defendant's Memorandum in Support of Defendant's Motion for Sanctions, #2 Declaration Declaration of Mary Grace as to Authenticity of Documents, #3 Declaration Declaration of Tamio Saito as to Authenticity of Documents, #4 Exhibit Exhibit 1 Annotated Interruptions -Deposition Michael McCabe, #5 Exhibit Exhibit 2 Annotated Interruptions Deposition Gerald Smith, #6 Exhibit Exhibit 3 Annotated Interruptions Deposition of Thomas Greiner, #7 Exhibit EXHIBIT 4 Audio Recording Sent to The Clerk of the Court, #8 Exhibit Exhibit 6-1.)1402-104- ALTERED AND ERSED INVOICES January 2014, #9 Exhibit Exhibit 6-2.)Expert Invoices 1401-103 - November and December 2013, #10 Exhibit Exhibit 6-3.) Expert Invoices 1402-104-January 2014, #11 Exhibit Exhibit 6-4.) Expert Invoices 1403-105 - February 2014, #12 Exhibit Exhibit 6-5.) Expert Invoices 1404-105- March 2014, #13 Exhibit Exhibit 6-6.) Expert Invoics1405-104 -- April 2014, #14 Exhibit Exhibit 6-7.) Expert Invoices 1406-103--May 2014, #15 Exhibit Exhibit 6-8.) Expert Invoices 1408-104 - July 2014, #16 Exhibit Exhibit 6-9.) 1409-102 - August 2014, #17 Exhibit EXHIBIT 10 Video Sent to The Clerk of the Court)(GRACE, MARY)
September 22, 2015 Opinion or Order MINUTE ORDER: Defendants may file a motion for sanctions, but they must do so according to the rules. This means that the motion cannot serve as a second memorandum in order to circumvent page limits, as Defendants have been warned in the past. They may file a brief motion and one memorandum not exceeding 45 pages. In addition, their pleadings, as is frequently the case, have attempted to skirt page limits by not being double-spaced or containing appropriate margins. The Court will not continue to accept such non-conforming pleadings. The Court, accordingly, ORDERS that Defendants' #783 Motion is DENIED WITHOUT PREJUDICE for not complying with the page limits set forth in the Local Rules. Signed by Judge James E. Boasberg on 9/22/15. (lcjeb1)
September 22, 2015 Opinion or Order MINUTE ORDER: The Court ORDERS that the parties' #784 Motion is GRANTED. The Court further ORDERS that: 1) The pretrial conference and trial dates are VACATED; 2) All deadlines for further pleadings are VACATED; and 3) If a Notice of Dismissal has not been filed by October 23, 2015, the parties shall file a joint status report by such date. Signed by Judge James E. Boasberg on 9/22/15. (lcjeb1)
September 22, 2015 Set/Reset Deadline: If a Notice of Dismissal has not been filed by 10/23/2015, the parties shall file a joint status report by such date. (ad)
September 16, 2015 Filing 782 MOTION to ClarifyCourt Order of 9-8-15 - Confirming Final (Dkt 751) Defendant Mary Grace's Motion in Opposition by MARY A. GRACE (GRACE, MARY)
September 16, 2015 Opinion or Order MINUTE ORDER: The Court ORDERS that the latest #782 Motion to Clarify is DENIED as moot. As the Court has already indicated, it will consider Defendant's final Opposition and exhibits. Signed by Judge James E. Boasberg on 9/16/15. (lcjeb1)
September 15, 2015 Filing 781 RESPONSE re #771 MOTION in Limine Regarding Trial Against Defendant Rowen and Memorandum of Points and Authorities in Support Thereof filed by ROBERT J. ROWEN. (Diosdi, Anthony)
September 8, 2015 Opinion or Order MINUTE ORDER: The Court ORDERS that, to the extent Defendants merely seek to ensure that the Court will consider the exhibits attached to their prior Oppositions in ruling upon Plaintiff's Motion for Entry of Final Judgment, their #772 , #773 , #774 , #775 , #776 , #777 , #778 , #779 , #780 Motions to Clarify are GRANTED. Signed by Judge James E. Boasberg on 9/8/15. (lcjeb1)
September 3, 2015 Filing 780 Final MOTION to ClarifyCourt Order of 9-2-15 re Defendant Tamio Saito's Final Opposition (Dkt.750) with Declaration and Exhibits previously filed by TAMIO SAITO (Attachments: #1 ^Pro Se Defendant Tamio Saito's Final Motion in Opposition (Dkt. 750) to Plaintiff's Motion for Final Judgment (Dkt. 725, #2 Declaration Dkt 753 # 1 Declaration Declaration of Tamio Saito as to Authenticity of Documents, #3 Appendix # 2 Exhibit 1. ATTACHMENT A-1. Defendants Analysis of Accounting Analysis o,, #4 Appendix # 3 Exhibit 2. ATTACHMENT A-2. Defendant's Analysis of Jeffrey Anderson's Charts,, #5 Appendix # 4 Exhibit 3. ATTACHMENT A-3 -Anderson ATTACHMENT C,, #6 Appendix # 5 Exhibit 5. ATTACHMNT A-5. Jeffrey Anderson- Appendix A,, #7 Exhibit # 6 Exhibit 6. ATTACHMENT 2 -Exhibit 2 - SEC-v-Wyly-disgorgement-opinion))(GRACE, MARY)
September 3, 2015 Filing 779 Final MOTION to ClarifyCourt Order of 9-2-15 - Confirming Final (Dkt 751) Defendant Mary Grace's Motion in Opposition with complete filing of previously filed Exhibits by MARY A. GRACE (Attachments: #1 Follow Up Motion To Clarify (Dkt 770), #2 Exhibit # 1 Exhibit 11. ATTACHMENT 7-1. Consent Henry Mollett,, #3 Exhibit # 2 Exhibit 11. ATTACHMENT 7-2. Consent William McVey,, #4 Exhibit # 3 Exhibit 11. ATTACHMENT 7-3b. Consent William Sandler, #5 Errata # 5 Exhibit 11. ATTACHMENT 7-5 Consent Jim Desmond, #6 Exhibit # 6 Exhibit 11. ATTACHMENT 7-6.Consnts Howard Wills, #7 Exhibit # 7 Exhibit 11. ATTACHMENT 7-7a. Consent_TSaito - MSoliven, #8 Exhibit # 8 Exhibit 11. ATTACHMNT 7-7c=a.Consent_IVI_TSaito MSoliven,, #9 Exhibit # 8 Exhibit 11. ATTACHMNT 7-7c.Consent_IVI_TSaito MSoliven,, #10 Exhibit # 9 Exhibit 11.ATTACHMENT 7-7b. -Consent_IntMktVntrs_ TSaito))(GRACE, MARY)
September 3, 2015 Filing 778 Final MOTION to ClarifyCourt Order of 9-2-15 - Confirming Final (Dkt 751) Defendant Mary Grace's Motion in Opposition with complete filing of previously filed Exhibits by MARY A. GRACE (Attachments: #1 Follow Up Motion To Clarify (Dkt 770), #2 Errata Dkt 759 # 4 Errata 4.Final INDEX - ATTACHMENT INDEX & EXHIBTS,, #3 Exhibit # 5 Exhibit 9. ATTACHMENT 5-F,, #4 Exhibit # 6 Exhibit 12. ATTACHMENT 8-1a. BACKDATED DEC.2006 INTERNAL CONTROL RECOMMENDATION PAPER, #5 Exhibit # 7 Exhibit 12. ATTACHMENT 8-1b Admission Memo was Backdated,, #6 Exhibit # 8 Exhibit 12. ATTACHMENT 8-2. Deposition of A. Russo 8-27-2013,, #7 Exhibit # 9 Exhibit 12. ATTACHMENT 8-3. Affirmation of Counsel Fritz's Valuation of 2007 Opinion Loan Shares))(GRACE, MARY)
September 3, 2015 Filing 777 Final MOTION to ClarifyCourt Order of 9-2-15 - Confirming Final (Dkt 751) Defendant Mary Grace's Motion in Opposition with complete filing of previously filed Exhibits by MARY A. GRACE (Attachments: #1 Follow Up Motion To Clarify (Dkt 770), #2 Exhibit Dkt. 758 # 1 Exhibit Website Index of News, Press Releases,, #3 Exhibit # 2 Exhibit ATTACHMENT 4A,, #4 Exhibit # 3 Exhibit ATTACHMENT 4B,, #5 Exhibit # 4 Exhibit ATTACHMENT 5B,, #6 Exhibit # 5 Exhibit ATTACHMENT 5C,, #7 Exhibit # 6 Exhibit ATTACHMENT 6))(GRACE, MARY)
September 3, 2015 Filing 776 Final MOTION to ClarifyCourt Order of 9-2-15 - Confirming Final (Dkt 751) Defendant Mary Grace's Motion in Opposition with complete filing of previously filed Exhibits by MARY A. GRACE (Attachments: #1 Follow Up Motion To Clarify (Dkt 770), #2 Exhibit Dkt 757 # 1 Exhibit Exhibit 59,, #3 Exhibit # 2 Exhibit Exhibit 60,, #4 Exhibit # 3 Exhibit Exhibit 61,, #5 Exhibit # 4 Exhibit Exhibit 62, #6 Exhibit # 5 Exhibit Exhibit 63,, #7 Exhibit # 6 Exhibit Exhibit 64, #8 Exhibit # 7 Exhibit Exhibit 65,, #9 Exhibit # 8 Exhibit Exhibit 66,, #10 Exhibit # 9 Exhibit Exhibit 67,, #11 Exhibit # 10 Exhibit Exhibit 68,, #12 Exhibit # 11 Exhibit Exhibit 69,, #13 Exhibit # 12 Exhibit Exhibit 70))(GRACE, MARY)
September 3, 2015 Filing 775 Final MOTION to ClarifyCourt Order of 9-2-15 - Confirming Final (Dkt 751) Defendant Mary Grace's Motion in Opposition with complete filing of previously filed Exhibits by MARY A. GRACE (Attachments: #1 Follow Up Motion To Clarify (Dkt 770), #2 Exhibit 756 -# 1 Exhibit P2,, #3 Exhibit # 2 Exhibit P3, #4 Exhibit # 3 Exhibit P4,, #5 Exhibit # 4 Exhibit P5,, #6 Exhibit # 5 Exhibit P6,, #7 Exhibit # 6 Exhibit P7,, #8 Exhibit # 7 Exhibit P8,, #9 Exhibit # 8 Exhibit P10,, #10 Exhibit # 9 Exhibit P12,, #11 Exhibit # 10 Exhibit P16,, #12 Exhibit # 11 Exhibit P17,, #13 Exhibit # 12 Exhibit P19,, #14 Exhibit # 13 Exhibit P20,, #15 Exhibit # 14 Exhibit P21,, #16 Exhibit # 15 Exhibit P22,, #17 Exhibit # 16 Exhibit P23,, #18 Exhibit # 17 Exhibit 24,, #19 Exhibit # 18 Exhibit,, #20 Exhibit # 19 Exhibit P29,, #21 Exhibit # 20 Exhibit P31,, #22 Exhibit # 21 P33,, #23 Exhibit # 22 Exhibit P39,, #24 Exhibit # 23 Exhibit P39,, #25 Exhibit # 24 Exhibit P41,, #26 Exhibit # 25 Exhibit P43,, #27 Exhibit # 26 Exhibit P44,, #28 Exhibit # 27 Exhibit P45,, #29 Exhibit # 28 Exhibit P46, #30 Exhibit # 29 Exhibit P50, #31 Exhibit # 30 Exhibit 54,, #32 Exhibit # 31 Exhibit P55))(GRACE, MARY)
September 3, 2015 Filing 774 Final MOTION to ClarifyCourt Order of 9-2-15 - Confirming Final (Dkt 751) Defendant Mary Grace's Motion in Opposition with complete filing of previously filed Exhibits by MARY A. GRACE (Attachments: #1 Follow Up Motion To Clarify (Dkt 770), #2 Exhibit # 1 Exhibit ATTACHMENT INDEX & EXHIBITS, #3 Exhibit # 2 Exhibit ATTACHMENT 3A. P14.,, #4 Exhibit # 3 Exhibit ATTACHMENT 3A. P13,, #5 Exhibit # 4 Exhibit ATTACHMENT 3A. P15, #6 Exhibit # 5 Exhibit ATTACHMENT 3A. P18,, #7 Exhibit # 6 Exhibit ATTACHMENT 3A. P25, #8 Exhibit # 7 Exhibit ATTACHMENT 3A. P27,, #9 Exhibit # 8 Exhibit ATTACHMENT 3A. P28,, #10 Exhibit # 9 Exhibit ATTACHMENT 3A. P32,, #11 Exhibit # 10 Exhibit ATTACHMENT 3A. P36,, #12 Exhibit # 11 Exhibit ATTACHMENT 3A. P37,, #13 Exhibit # 12 Exhibit ATTACHMENT 3A. P38,, #14 Exhibit # 13 Exhibit ATTACHMENT 3A. P42,, #15 Exhibit # 14 Exhibit ATTACHMENT 3A. P56))(GRACE, MARY)
September 2, 2015 Filing 773 Final MOTION to ClarifyCourt Order of 9-2-15 - Confirming Final (Dkt 751) Defendant Mary Grace's Motion in Opposition with complete filing of previously filed Exhibits by MARY A. GRACE (Attachments: #1 Follow Up Motion To Clarify (Dkt 770), #2 Exhibit Exhibit 6, #3 Exhibit Exhibit 7, #4 Exhibit Exhibit 8, #5 Exhibit Exhibit 9, #6 Exhibit Exhibit 10, #7 Exhibit Exhibit 11, #8 Exhibit Exhibit 12, #9 Exhibit Exhibit 13, #10 Exhibit Exhibit 14, #11 Exhibit Exhibit 15, #12 Exhibit Exhibit 16, #13 Exhibit Exhibit 18, #14 Exhibit Exhibit 19, #15 Exhibit Exhibit 20, #16 Exhibit Exhibit 21, #17 Exhibit Exhibit 22, #18 Exhibit Exhibit 23, #19 Exhibit Exhibit 24, #20 Exhibit Exhibit 25, #21 Exhibit Exhibit 26, #22 Exhibit Exhibit 27, #23 Exhibit Exhibit 28, #24 Errata Exhibit 31, #25 Exhibit Exhibit 32, #26 Exhibit Exhibit 33, #27 Exhibit Exhibit 17)(GRACE, MARY)
September 2, 2015 Filing 772 Final MOTION to ClarifyCourt Order of 9-2-15 - Confirming Final (Dkt 751) Defendant Mary Grace's Motion in Opposition with complete filing of previously filed Declaration and Exhibits - by MARY A. GRACE (Attachments: #1 ^Defendant Mary Grace's Final Motion in Opposition (Dkt 751) to Plaintiff's Motion for Final Judgment (Dkt. 725), #2 Declaration 1 Declaration Declaration of Mary Grace as to Authenticity of Document,, #3 Appendix 752- 2 Exhibit ATTACHMENT A-1. Defendants Analysis of Accounting Analysis of Jeffrey Anderson,, #4 Appendix 752- 3. Exhibit 2. ATTACHMENT A-2. Defendant's Analysis of Jeffrey Anderson's Charts,, #5 Appendix 752-4 Exhibit 3. ATTACHMENT A-3 -Anderson ATTACHMENT C, #, #6 Appendix 752-5 Exhibit 5. ATTACHMNT A-5. Jeffrey Anderson- Appendix A.pdf, #7 Exhibit 752-6 Exhibit 6. ATTACHMENT 2 -Exhibit 2 - SEC-v-Wyly-disgorgement-opinion.pdf)(GRACE, MARY)
September 2, 2015 Opinion or Order MINUTE ORDER: The Court ORDERS that Defendants' #768 , #769 Motions are GRANTED inasmuch as they request the Court to treat the pleadings attached to such Motions as their final Oppositions to Plaintiff's #725 Motion for Entry of Final Judgment. Signed by Judge James E. Boasberg on 9/2/15. (lcjeb1)
September 1, 2015 Filing 771 MOTION in Limine Regarding Trial Against Defendant Rowen by U.S. SECURITIES AND EXCHANGE COMMISSION (Cohen, Matthew)
September 1, 2015 Filing 770 NOTICE of Appearance by Matthew P. Cohen on behalf of U.S. SECURITIES AND EXCHANGE COMMISSION (Cohen, Matthew)
September 1, 2015 NOTICE OF CORRECTED DOCKET ENTRY: re #765 Final MOTION to ClarifyReplaces Dkt. 762 - Correction in Title - Defendant Mary Grace's Motion in Opposition to Plaintiff's Motion for Final Judgment (Dkt. 751), #762 Final MOTION to ClarifyCorrection in Title on - Final Defendant Mary Grace's Motion in Opposition to Plaintiff's Motion for Final Judgment, #766 Final MOTION to ClarifyReplaces 765 -wrong attachment - Correction to title of Final 'Defendant Mary Grace's Motion in Opposition to Plaintiff's Motion for Final Judgment, #764 Final MOTION to ClarifyReplaces Dkt. 763- Correction in Title - Pro Se Defendant Tamio Saito's Motion in Opposition to Plaintiff's Motion for Final Judgment (Dkt.l 750), #763 Final MOTION to ClarifyCorrection in Title on - Final Pro Se Defendant Tamio Saito's Motion in Opposition to Plaintiff's Motion for Final Judgment was entered in error at the request of Defendant and was refiled as #768 & #769 . (zrdj)
August 31, 2015 Filing 769 Final MOTION to ClarifySecond Motion to Clairify to replace Dkt 762, 765 and 766 filed by mistake with eratta highlights, this if the Final "Defendant Mary Grace's Motion in Opposition to Plaintiff's Motion for Final Judgment by MARY A. GRACE (Attachments: #1 Errata ^Defendant Mary Grace's Motion In Opposition to Plaintiff's Motion for Final Judgment)(GRACE, MARY)
August 31, 2015 Filing 768 Final MOTION to ClarifySecond Motion to Clairfy - to replace Dkit 763 & 764 earlier Filing with highlight by mistake - Corrected title to Pro Se Defendant Tamio Saito's Motion in Opposition to Plaintiff's Motion for final Judgment by TAMIO SAITO (Attachments: #1 Errata ^Pro Se Defendant Tamio Saito's Motion in Opposition to Plaintiff's Motion for Final Judgmen)(GRACE, MARY)
August 31, 2015 Filing 767 REPLY to opposition to motion re #725 MOTION for Entry of Final Judgment Against defendants Mary Grace, Tamio Saito, e-Smart Technologies, Inc., IVI Smart Technologies, Inc., and Intermarket Ventures, Inc. filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Maher, Daniel)
August 31, 2015 Filing 766 ENTERED IN ERROR.....Final MOTION to ClarifyReplaces 765 -wrong attachment - Correction to title of Final 'Defendant Mary Grace's Motion in Opposition to Plaintiff's Motion for Final Judgment by MARY A. GRACE (Attachments: #1 Errata Final ^Defendant Mary Grace's Motion Opposition to Plaintiff's Motion for Final Judgment (Dkt 751))(GRACE, MARY) Modified on 9/1/2015 (zrdj).
August 31, 2015 Filing 765 ENTERED IN ERROR.....Final MOTION to ClarifyReplaces Dkt. 762 - Correction in Title - Defendant Mary Grace's Motion in Opposition to Plaintiff's Motion for Final Judgment (Dkt. 751) by MARY A. GRACE (Attachments: #1 Errata ^Pro Se Defendant Mary Grace's Motion in Opposition to Plaintiff's Motion for Final Judgment (Dkt 751))(GRACE, MARY) Modified on 9/1/2015 (zrdj).
August 31, 2015 Filing 764 ENTERED IN ERROR.....Final MOTION to ClarifyReplaces Dkt. 763- Correction in Title - Pro Se Defendant Tamio Saito's Motion in Opposition to Plaintiff's Motion for Final Judgment (Dkt.l 750) by TAMIO SAITO (Attachments: #1 Errata ^Pro Se Defendant Tamio Saito's Motion in Opposition to Plaintiff's Motion for Final Judgment (Dkt 750))(GRACE, MARY)Modified on 9/1/2015 (zrdj).
August 31, 2015 Filing 763 ENTERED IN ERROR.....Final MOTION to ClarifyCorrection in Title on - Final Pro Se Defendant Tamio Saito's Motion in Opposition to Plaintiff's Motion for Final Judgment by TAMIO SAITO (Attachments: #1 Errata Defendant Mary Grace's Motion Opposition to Plaintiff's Motion for Final Judgment)(GRACE, MARY) Modified on 9/1/2015 (zrdj).
August 31, 2015 Filing 762 ENTERED IN ERROR.....Final MOTION to ClarifyCorrection in Title on - Final Defendant Mary Grace's Motion in Opposition to Plaintiff's Motion for Final Judgment by MARY A. GRACE (Attachments: #1 Errata Defendant Mary Grace's Motion Opposition to Plaintiff's Motion for Final Judgment)(GRACE, MARY) Modified on 9/1/2015 (zrdj).
August 27, 2015 Filing 761 ERRATA Defendant Mary Grace's Opposition to Plaintiff's Motion for Final Judgment - Eratta Exhibts by MARY A. GRACE #751 Memorandum in Opposition, filed by MARY A. GRACE. (Attachments: #1 Exhibit 11. ATTACHMENT 7-1. Consent Henry Mollett, #2 Exhibit 11. ATTACHMENT 7-2. Consent William McVe, #3 Exhibit 11. ATTACHMENT 7-3b. Consent William Sandler Form3.pdf, #4 Exhibit 11. ATTACHMENT 7-4.Consent RobertAronowitz mail.com, #5 Exhibit 11. ATTACHMENT 7-5 Consent Jim Desmond, #6 Exhibit 11. ATTACHMENT 7-6.Consnts Howard Wills., #7 Exhibit 11. ATTACHMENT 7-7a. Consent_TSaito - MSoliven, #8 Exhibit 11. ATTACHMNT 7-7c.Consent_IVI_TSaito MSoliven, #9 Exhibit 11.ATTACHMENT 7-7b. -Consent_IntMktVntrs_ TSaito)(GRACE, MARY)
August 27, 2015 Filing 760 ERRATA ^Pro Se Defendant Tamio Saito's Opposition to Plaintiff's Motion for Final Judgment by TAMIO SAITO #750 Memorandum in Opposition, filed by TAMIO SAITO. (Attachments: #1 Errata 2.Dkt 750 - Eratta Hilite added ^Pro Se Defendant Tamio Saito's Opposition to Plaintiff's Motion for Final Judgment, #2 Errata 1. Final Dkt 750 -. Eratta added ^Pro Se Defendant Tamio Saito's Opposition to Plaintiff's Motion for Final Judgment)(GRACE, MARY)
August 26, 2015 Filing 759 ERRATA Defendant Mary Grace's Opposition to Plaintiff's Motion for Final Judgment by MARY A. GRACE #751 Memorandum in Opposition, filed by MARY A. GRACE. (Attachments: #1 Errata 1. Final with Errata ^Notice of Eratta of Defendant Mary Grace's Opposition to Plaintiff's Motion for Final Judgment, #2 Errata 2. Final With Eratta Hi-lited ^Defendant Mary Grace's Opposition to Plaintiff's Motion for Final Judgment, #3 Errata 3. Eratta Highlighted INDEX - ATTACHMENT INDEX & EXHIBTS, #4 Errata 4.Final with Eratta INDEX - ATTACHMENT INDEX & EXHIBTS, #5 Exhibit 9. ATTACHMENT 5-F, #6 Exhibit 12. ATTACHMENT 8-1a. BACKDATED DEC.2006 INTERNAL CONTROL RECOMMENDATION PAPER, #7 Exhibit 12. ATTACHMENT 8-1b Admission Memo was Backdated, #8 Exhibit 12. ATTACHMENT 8-2. Deposition of A. Russo 8-27-2013, #9 Exhibit 12. ATTACHMENT 8-3. Affirmation of Counsel Fritz's Valuation of 2007 Opinion Loan Shares)(GRACE, MARY)
August 25, 2015 Filing 758 LARGE ADDITIONAL ATTACHMENT(S) Defendant Mary Grace's Opposition to Plaintiff's Motion for Final Judgment by MARY A. GRACE #754 Large Additional Attachment(s),,, filed by MARY A. GRACE, #752 Large Additional Attachment(s),, filed by MARY A. GRACE, #755 Large Additional Attachment(s),,,, filed by MARY A. GRACE, #756 Large Additional Attachment(s),,, filed by MARY A. GRACE, #757 Large Additional Attachment(s),,, filed by MARY A. GRACE, #751 Memorandum in Opposition, filed by MARY A. GRACE. (Attachments: #1 Exhibit Website Index of News, Press Releases, #2 Exhibit ATTACHMENT 4A, #3 Exhibit ATTACHMENT 4B, #4 Exhibit ATTACHMENT 5B, #5 Exhibit ATTACHMENT 5C, #6 Exhibit ATTACHMENT 6)(GRACE, MARY)
August 25, 2015 Filing 757 LARGE ADDITIONAL ATTACHMENT(S) Defendant Mary Grace's Opposition to Plaintiff's Motion for Final Judgment by MARY A. GRACE #754 Large Additional Attachment(s),,, filed by MARY A. GRACE, #752 Large Additional Attachment(s),, filed by MARY A. GRACE, #755 Large Additional Attachment(s),,,, filed by MARY A. GRACE, #756 Large Additional Attachment(s),,, filed by MARY A. GRACE, #751 Memorandum in Opposition, filed by MARY A. GRACE. (Attachments: #1 Exhibit Exhibit 59, #2 Exhibit Exhibit 60, #3 Exhibit Exhibit 61, #4 Exhibit Exhibit 62, #5 Exhibit Exhibit 63, #6 Exhibit Exhibit 64, #7 Exhibit Exhibit 65, #8 Exhibit Exhibit 66, #9 Exhibit Exhibit 67, #10 Exhibit Exhibit 68, #11 Exhibit Exhibit 69, #12 Exhibit Exhibit 70)(GRACE, MARY)
August 25, 2015 Filing 756 LARGE ADDITIONAL ATTACHMENT(S) Defendant Mary Grace's Opposition to Plaintiff's Motion for Final Judgment by MARY A. GRACE #754 Large Additional Attachment(s),,, filed by MARY A. GRACE, #752 Large Additional Attachment(s),, filed by MARY A. GRACE, #755 Large Additional Attachment(s),,,, filed by MARY A. GRACE. (Attachments: #1 Exhibit P2, #2 Exhibit P3, #3 Exhibit P4, #4 Exhibit P5, #5 Exhibit P6, #6 Exhibit P7, #7 Exhibit P8, #8 Exhibit P10, #9 Exhibit P12, #10 Exhibit P16, #11 Exhibit P72, #12 Exhibit P19, #13 Exhibit P20, #14 Exhibit P21, #15 Exhibit P22, #16 Exhibit P23, #17 Exhibit 24, #18 Exhibit, #19 Exhibit P29, #20 Exhibit P31, #21 P33, #22 Exhibit P39, #23 Exhibit P39, #24 Exhibit P41, #25 Exhibit P43, #26 Exhibit P44, #27 Exhibit P45, #28 Exhibit P46, #29 Exhibit P50, #30 Exhibit 54, #31 Exhibit P55)(GRACE, MARY)
August 25, 2015 Filing 755 LARGE ADDITIONAL ATTACHMENT(S) Defendant Mary Grace's Opposition to Plaintiff's Motion for Final Judgment by MARY A. GRACE #754 Large Additional Attachment(s),,, filed by MARY A. GRACE, #752 Large Additional Attachment(s),, filed by MARY A. GRACE, #751 Memorandum in Opposition, filed by MARY A. GRACE. (Attachments: #1 Exhibit EXHIBIT 6, #2 Exhibit EXHIBIT 7, #3 Exhibit EXHIBIT 8, #4 Exhibit EXHIBIT 9, #5 Exhibit EXHIBIT 10, #6 Exhibit EXHIBIT 11, #7 Exhibit EXHIBIT 12, #8 Exhibit EXHIBIT 13, #9 Exhibit EXHIBIT 14, #10 Exhibit EXHIBIT 15, #11 Exhibit EXHIBIT 16, #12 Exhibit EXHIBIT 17, #13 Exhibit EXHIBIT 18, #14 Exhibit EXHIBIT 19, #15 Exhibit EXHIBIT 20, #16 Exhibit EXHIBIT 21, #17 Exhibit EXHIBIT 22, #18 Exhibit EXHIBIT 23, #19 Exhibit EXHIBIT 24, #20 Exhibit EXHIBIT 25, #21 Exhibit 26, #22 Exhibit EXHIBIT 27, #23 Exhibit 28, #24 Exhibit EXHIBIT 31, #25 Exhibit EXHIBIT 32, #26 Exhibit EXHIBIT 33)(GRACE, MARY)
August 25, 2015 Filing 754 LARGE ADDITIONAL ATTACHMENT(S) Defendant Mary Grace's Opposition to Plaintiff's Motion for Final Judgment by MARY A. GRACE #752 Large Additional Attachment(s),, filed by MARY A. GRACE, #751 Memorandum in Opposition, filed by MARY A. GRACE. (Attachments: #1 Exhibit ATTACHMENT INDEX & EXHIBITS, #2 Exhibit ATTACHMENT 3A. P14., #3 Exhibit ATTACHMENT 3A. P13, #4 Exhibit ATTACHMENT 3A. P15, #5 Exhibit ATTACHMENT 3A. P18, #6 Exhibit ATTACHMENT 3A. P25, #7 Exhibit ATTACHMENT 3A. P27, #8 Exhibit ATTACHMENT 3A. P28, #9 Exhibit ATTACHMENT 3A. P32, #10 Exhibit ATTACHMENT 3A. P36, #11 Exhibit ATTACHMENT 3A. P37, #12 Exhibit ATTACHMENT 3A. P38, #13 Exhibit ATTACHMENT 3A. P42, #14 Exhibit ATTACHMENT 3A. P56)(GRACE, MARY)
August 25, 2015 Filing 753 LARGE ADDITIONAL ATTACHMENT(S) ^Pro Se Defendant Tamio Saito's Opposition to Plaintiff's Motion for Final Judgment by TAMIO SAITO #750 Memorandum in Opposition, filed by TAMIO SAITO. (Attachments: #1 Declaration Declaration of Tamio Saito as to Authenticity of Documents, #2 Exhibit 1. ATTACHMENT A-1. Defendants Analysis of Accounting Analysis o, #3 Exhibit 2. ATTACHMENT A-2. Defendant's Analysis of Jeffrey Anderson's Charts, #4 Exhibit 3. ATTACHMENT A-3 -Anderson ATTACHMENT C, #5 Exhibit 5. ATTACHMNT A-5. Jeffrey Anderson- Appendix A, #6 Exhibit 6. ATTACHMENT 2 -Exhibit 2 - SEC-v-Wyly-disgorgement-opinion)(GRACE, MARY)
August 25, 2015 Filing 752 LARGE ADDITIONAL ATTACHMENT(S) Defendant Mary Grace's Opposition to Plaintiff's Motion for Final Judgment by MARY A. GRACE #751 Memorandum in Opposition, filed by MARY A. GRACE. (Attachments: #1 Declaration Declaration of Mary Grace as to Authenticity of Document, #2 Exhibit ATTACHMENT A-1. Defendants Analysis of Accounting Analysis of Jeffrey Anderson, #3 Exhibit 2. ATTACHMENT A-2. Defendant's Analysis of Jeffrey Anderson's Charts, #4 Exhibit 3. ATTACHMENT A-3 -Anderson ATTACHMENT C, #5 Exhibit 5. ATTACHMNT A-5. Jeffrey Anderson- Appendix A.pdf, #6 Exhibit 6. ATTACHMENT 2 -Exhibit 2 - SEC-v-Wyly-disgorgement-opinion.pdf)(GRACE, MARY)
August 24, 2015 Filing 751 Memorandum in opposition to re #725 MOTION for Entry of Final Judgment Against defendants Mary Grace, Tamio Saito, e-Smart Technologies, Inc., IVI Smart Technologies, Inc., and Intermarket Ventures, Inc. Defendant Mary Grace's Opposition to Plaintiff's Motion for Final Judgment filed by MARY A. GRACE. (GRACE, MARY)
August 24, 2015 Filing 750 Memorandum in opposition to re #725 MOTION for Entry of Final Judgment Against defendants Mary Grace, Tamio Saito, e-Smart Technologies, Inc., IVI Smart Technologies, Inc., and Intermarket Ventures, Inc. ^Pro Se Defendant Tamio Saito's Opposition to Plaintiff's Motion for Final Judgment filed by TAMIO SAITO. (GRACE, MARY)
August 21, 2015 Opinion or Order MINUTE ORDER granting Plaintiff's unopposed #749 Motion to Amend the Briefing Schedule. The Court ORDERS that Plaintiff shall file its reply on or before August 31, 2015. Signed by Judge James E. Boasberg on 8/21/15. (lcjeb1)
August 21, 2015 Set/Reset Deadline: Plaintiff shall file its reply on or before 8/31/2015. (ad)
August 20, 2015 Filing 749 Unopposed MOTION to Amend/Correct briefing schedule on the SEC's Motion For Final Judgment by U.S. SECURITIES AND EXCHANGE COMMISSION (Maher, Daniel)
August 17, 2015 Filing 748 NOTICE of Final Correct Filings & Edited to Required Page Limits Pursuant ot Minute Order of Aug. 10, 2015 by MARY A. GRACE re #747 Joint MOTION to ClarifyFinal Filings Edited to Correct & Required Page Limits, #739 Memorandum,, #735 Memorandum, Order, #737 Memorandum,, #746 Joint MOTION to ClarifyFinal Filings Edited to Correct & Required Page Limits, #738 Memorandum,, #736 Memorandum, #734 Response to motion, (Attachments: #1 1. Final Defendants Consolidated Motion in Opposition and Response to Plaintiff's Motion for Final Judgment.pdf, #2 Memorandum in Support 2A. Final Edited to Correct Page Limit Amended Memorandum of Defendants in Support of Defendant's Consolidated Motion in Opposition and Response to Plaintiff's Final Motion for Judgment.pdf, #3 Memorandum in Support 2B Final Edited to Required Page Limits Tamio Saito's Memorandum in Support of Defendant's Consolidated Motion in Opposition and Response to Plaintiff's Motion for Final Judgment.pdf, #4 Appendix 2A. Final Edited to Correct Page Limit Amended Memorandum of Defendants in Support of Defendant's Consolidated Motion in Opposition and Response to Plaintiff's Final Motion for Judgment.pdf, #5 Appendix 3B. Appendix A-2 Table of Contents with Docket Numbers.pdf)(GRACE, MARY)
August 17, 2015 Filing 747 Joint MOTION to ClarifyFinal Filings Edited to Correct & Required Page Limits by TAMIO SAITO (Attachments: #1 Supplement 1. Final Defendants Consolidated Motion in Opposition and Response to Plaintiff's Motion for Final Judgment, #2 Memorandum in Support 2A. Final Edited to Correct Page Limit Amended Memorandum of Defendants in Support of Defendant's Consolidated Motion in Opposition and Response to Plaintiff's Final Motion for Judgment, #3 Memorandum in Support 2B Final Edited to Required Page Limits Tamio Saito's Memorandum in Support of Defendant's Consolidated Motion in Opposition and Response to Plaintiff's Motion for Final Judgment.pdf, #4 Appendix 3A. Appendix A-1. Corrected Defendants Summary & Dispute of Alleged Ill-Gotten Gains Received by Defendants -As Alleged in the Declaration and Accounting Analysis of Jeffrey Anderson, #5 Appendix 3B. Appendix A-2 Table of Contents with Docket Numbers)(GRACE, MARY)
August 17, 2015 Filing 746 Joint MOTION to ClarifyFinal Filings Edited to Correct & Required Page Limits by MARY A. GRACE (Attachments: #1 Supplement 1. Final Defendants Consolidated Motion in Opposition and Response to Plaintiff's Motion for Final Judgment, #2 Memorandum in Support 2A. Final Edited to Correct Page Limit Amended Memorandum of Defendants in Support of Defendant's Consolidated Motion in Opposition and Response to Plaintiff's Final Motion for Judgment, #3 Memorandum in Support 2B Final Edited to Required Page Limits Tamio Saito's Memorandum in Support of Defendant's Consolidated Motion in Opposition and Response to Plaintiff's Motion for Final Judgment.pdf, #4 Appendix Corrected Defendants Summary & Dispute of Alleged Ill-Gotten Gains Received by Defendants -As Alleged in the Declaration and Accounting Analysis of Jeffrey Anderson, #5 Appendix 3B. Appendix A-2 Table of Contents with Docket Numbers)(GRACE, MARY)
August 17, 2015 Set/Reset Deadline: By 8/24/2015, each Defendant shall file ONE opposition limited to 45 pages. (ad)
August 17, 2015 Opinion or Order MINUTE ORDER: In response to the Court's Minute Order of August 10, 2015, which noted that Defendants had attempted to circumvent the Court's page limits by filing multiple opposition memoranda, Defendants have filed "Motions to Clarify," which purport to comply with page limits by including one 43-page "Motion in Opposition" and two 45-page "Memoranda" -- apparently, one for each Defendant. There is no pleading properly entitled a "motion in opposition"; instead, parties opposing a motion simply file an opposition memorandum. Defendants again seek to double their page limits by filing two documents. As a result, the Court ORDERS that their #746 & #747 "Motions to Clarify" are DENIED. By August 24, 2015, each Defendant shall file ONE opposition limited to 45 pages. Signed by Judge James E. Boasberg on 8/17/15. (lcjeb1)
August 12, 2015 Filing 745 TRANSCRIPT OF PROCEEDINGS before Judge James E. Boasberg held on 3-4-14; Page Numbers: 1-6. Date of Issuance:8-12-15. Court Reporter/Transcriber Lisa W GRIFFITH, Telephone number 2023543247, Court Reporter Email Address : Lisa_Griffith@dcd.uscourts.gov.

<

<

< Redaction Request due 9/2/2015. Redacted Transcript Deadline set for 9/12/2015. Release of Transcript Restriction set for 11/10/2015.(Griffith, Lisa)
August 12, 2015 Filing 744 TRANSCRIPT OF PROCEEDINGS before Judge James E. Boasberg held on 12-17-13; Page Numbers: 1-33. Date of Issuance:8-12-15. Court Reporter/Transcriber Lisa W GRIFFITH, Telephone number 2023543247, Court Reporter Email Address : Lisa_Griffith@dcd.uscourts.gov.

<

<

< Redaction Request due 9/2/2015. Redacted Transcript Deadline set for 9/12/2015. Release of Transcript Restriction set for 11/10/2015.(Griffith, Lisa)
August 12, 2015 Filing 743 TRANSCRIPT OF PROCEEDINGS before Judge James E. Boasberg held on 4-24-14; Page Numbers: 1-19. Date of Issuance:8-12-15. Court Reporter/Transcriber Lisa W GRIFFITH, Telephone number 2023543247, Court Reporter Email Address : Lisa_Griffith@dcd.uscourts.gov.

<

<

< Redaction Request due 9/2/2015. Redacted Transcript Deadline set for 9/12/2015. Release of Transcript Restriction set for 11/10/2015.(Griffith, Lisa)
August 12, 2015 Filing 742 TRANSCRIPT OF PROCEEDINGS before Judge James E. Boasberg held on 2-18-14; Page Numbers: 1-22. Date of Issuance:8-12-15. Court Reporter/Transcriber Lisa W GRIFFITH, Telephone number 2023543247, Court Reporter Email Address : Lisa_Griffith@dcd.uscourts.gov.

<

<

< Redaction Request due 9/2/2015. Redacted Transcript Deadline set for 9/12/2015. Release of Transcript Restriction set for 11/10/2015.(Griffith, Lisa)
August 12, 2015 Filing 741 TRANSCRIPT OF PROCEEDINGS before Judge James E. Boasberg held on 12-11-14; Page Numbers: 1-10. Date of Issuance:8-12-15. Court Reporter/Transcriber Lisa W GRIFFITH, Telephone number 2023543247, Court Reporter Email Address : Lisa_Griffith@dcd.uscourts.gov.

<

<

< Redaction Request due 9/2/2015. Redacted Transcript Deadline set for 9/12/2015. Release of Transcript Restriction set for 11/10/2015.(Griffith, Lisa)
August 12, 2015 Filing 740 TRANSCRIPT OF PROCEEDINGS before Judge James E. Boasberg held on 7-9-15; Page Numbers: 1-9. Date of Issuance:8-12-15. Court Reporter/Transcriber Lisa W Griffith, Telephone number 202-354-3247, Court Reporter Email Address : Lisa_Griffith@dcd.uscourts.gov.

<

<

< Redaction Request due 9/2/2015. Redacted Transcript Deadline set for 9/12/2015. Release of Transcript Restriction set for 11/10/2015.(Griffith, Lisa)
August 10, 2015 Filing 739 MEMORANDUM re #733 Response to motion, filed by MARY A. GRACE, #734 Response to motion, filed by MARY A. GRACE, #732 Response to motion, filed by MARY A. GRACE by MARY A. GRACE. (Attachments: #1 Memorandum in Support 2,Corrected Amended Memorandum of Defendants in Support of Defendant's Consolidated Motion in Opposition and Response to Plaintiff's Final Motion for Judgment, #2 Appendix Correctd Appendix A-1. Corrected Defendants Summary & Dispute of Alleged Ill-Gotten Gains Received by Defendants -As Alleged in the Declaration and Accounting Analysis of Jeffrey Anderson, #3 Exhibit Exhibit 3A. sec-v-wyly-disgorgement-opinion)(GRACE, MARY)
August 10, 2015 Opinion or Order MINUTE ORDER: Given that Defendant Grace appears to have filed several different responses to the SEC's Motion for Entry of Final Judgment, see ECF Nos. 732-36, the Court ORDERS that by August 17, 2015, she shall file a Notice with the Court indicating which pleading she wishes the Court to consider. She is reminded, furthermore, that any response must comply with the 45-page limit required by the Local Rules. Signed by Judge James E. Boasberg on 8/10/15. (lcjeb1)
August 6, 2015 Filing 738 MEMORANDUM re #733 Response to motion, filed by MARY A. GRACE, #734 Response to motion, filed by MARY A. GRACE, #732 Response to motion, filed by MARY A. GRACE by MARY A. GRACE. (Attachments: #1 Exhibit 2. Appendix A-1. Defendants Summary & Dispute of Alleged Ill-Gotten Gains Received by Defendants -As Alleged in the Declaration and Accounting Analysis of Jeffrey Anderson, #2 Exhibit 3. Exhibit A-1-2. to Appendix A-1. From Jeffrey Anderson's Attachment A-2, #3 Exhibit 4. Exhibit A-1-3. to Appendix A-1 From ATTACHMENT C, #4 Exhibit 5. Exhibit A-1-4 To Appendix A-1. Jeffrey Anderson- Appendix A)(GRACE, MARY)
August 6, 2015 Filing 737 MEMORANDUM re #733 Response to motion, filed by MARY A. GRACE, #734 Response to motion, filed by MARY A. GRACE by MARY A. GRACE. (Attachments: #1 Appendix 2. Appendix A-1. Defendants Summary & Dispute of Alleged Ill-Gotten Gains Received by Defendants -As Alleged in the Declaration and Accounting Analysis of Jeffrey Anderson, #2 Appendix Exhibit A-1-2. to Appendix A-1. From Jeffrey Anderson's Attachment A-2, #3 Appendix 4. Exhibit A-1-3. to Appendix A-1 From ATTACHMENT C, #4 Appendix 5. Exhibit A-1-4 To Appendix A-1. Jeffrey Anderson- Appendix A)(GRACE, MARY)
August 5, 2015 Filing 736 MEMORANDUM re #734 Response to motion, filed by MARY A. GRACE by MARY A. GRACE. (Attachments: #1 Exhibit Exhibit Index, #2 Exhibit Exhibit 30 John D. Grace - USDW Archives., #3 Exhibit Exhibit 31 Maranda Fritz Letter recommendation of CEO Mary Grace's job performance, #4 Declaration Exhibit 32 Decl. Maranda Fritz re Plaintiff's Unreliable Witnesses who stole Defendant's Technology and proffered perjury and submitted perjured Declarations etc.)(GRACE, MARY)
August 4, 2015 Filing 735 MEMORANDUM re #734 Response to motion, filed by MARY A. GRACE by MARY A. GRACE. (GRACE, MARY)
August 3, 2015 Filing 734 RESPONSE re #725 MOTION for Entry of Final Judgment Against defendants Mary Grace, Tamio Saito, e-Smart Technologies, Inc., IVI Smart Technologies, Inc., and Intermarket Ventures, Inc. AMENDED DEFENDANT'S MOTION IN OPPOSITION AND RESPONSE TO PLAINTIFF'S MOTION FOR FINAL JUDGMENT filed by MARY A. GRACE. (Attachments: #1 Declaration Declaration of Authenticity of Mary Grace, #2 Declaration Declaration of Authenticity of Tamio Saito)(GRACE, MARY)
July 31, 2015 Filing 733 RESPONSE re #725 MOTION for Entry of Final Judgment Against defendants Mary Grace, Tamio Saito, e-Smart Technologies, Inc., IVI Smart Technologies, Inc., and Intermarket Ventures, Inc. Corrected Defendant's Consolidated Motion in Opposition and Response to Plaintiff's Motion for Final Judgment filed by MARY A. GRACE. (Attachments: #1 Declaration Declaration of Authenticity, #2 Declaration Declaration of Authenticity)(GRACE, MARY)
July 30, 2015 Filing 732 RESPONSE re #725 MOTION for Entry of Final Judgment Against defendants Mary Grace, Tamio Saito, e-Smart Technologies, Inc., IVI Smart Technologies, Inc., and Intermarket Ventures, Inc. Consolidated Motion of Defendants in Opposition and Response to Plaintiff's Motion for Final Judgment filed by MARY A. GRACE. (GRACE, MARY)
July 14, 2015 USCA Case Number 15-5195 for #729 Notice of Appeal to DC Circuit Court, filed by TAMIO SAITO. (md)
July 9, 2015 Filing 731 MANDATE of USCA (certified copy) as to #590 Notice of Appeal to DC Circuit Court, filed by MARY A. GRACE. ORDERED that the order to show cause be discharged. FURTHER ORDERED that the motion to dismiss be granted. USCA Case Number 14-5328. (rd)
July 9, 2015 Minute Entry for proceedings held before Judge James E. Boasberg: Status Conference held on 7/9/2015. Attorney Anthony V. Diosdi appeared by telephone for Defendant Robert J. Rowen. (A joint pretrial statement (not including jury instructions, voir dire, etc.) shall be filed by 10/02/2015; The SEC may file any motion in limine by 9/01/2015, with Defendant's opposition(s) due by 9/15/2015, and Plaintiff's Reply(ies) by 9/22/2015). A Pretrial Conference is set for 10/9/2015, at 11:00 AM, in Courtroom 19, before Judge James E. Boasberg. A Bench Trial is set for 11/2/2015, at 9:30 AM, in Courtroom 19, before Judge James E. Boasberg. (Court Reporter Lisa Griffith) (ad)
July 9, 2015 Opinion or Order MINUTE ORDER: As discussed at today's status conference, the Court ORDERS that: 1) A bench trial (by request of both parties) shall take place from November 2-6, 2015; 2) The parties shall appear for a pretrial conference on October 9, 2015, at 11: 00 a.m.; 3) A joint pretrial statement (not including jury instructions, voir dire, etc.) shall be filed by October 2, 2015; 4) The SEC may file any motion in limine by September 1, 2015, with Defendant's opposition(s) due by September 15, 2015, and Plaintiff's Reply(ies) by September 22, 2015; and 5) The parties agree that the securities at issue were not registered and that such issue thus need not be decided by the Court. Signed by Judge James E. Boasberg on 7/9/15. (lcjeb1)
July 8, 2015 Filing 730 Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date 7/6/15 re #729 Notice of Appeal to DC Circuit Court,. (td)
July 6, 2015 Filing 729 NOTICE OF APPEAL TO DC CIRCUIT COURT as to #653 Order on Motion for Summary Judgment,,, #654 Memorandum & Opinion, #724 Order on Motion for Reconsideration by TAMIO SAITO. Filing fee $ 505, receipt number 0090-4164548. Fee Status: Fee Paid. Parties have been notified. (GRACE, MARY)
June 30, 2015 Filing 728 MOTION for Leave to Appear Telephonically by ROBERT J. ROWEN (Diosdi, Anthony)
June 30, 2015 Opinion or Order MINUTE ORDER granting #728 Motion for Leave to Appear Telephonically. Signed by Judge James E. Boasberg on 6/30/15. (lcjeb2)
June 29, 2015 Opinion or Order MINUTE ORDER: The Court ORDERS that the SEC and Defendant Rowen shall appear for a status hearing on July 9, 2015, at 11:00 a.m. Signed by Judge James E. Boasberg on 6/29/15. (lcjeb2)
June 29, 2015 Set/Reset Hearing: A Status Conference is set for 7/9/2015, at 11:00 AM, in Courtroom 19, before Judge James E. Boasberg. (ad)
June 25, 2015 Filing 727 STATUS REPORT JOINT STATUS REPORT RE SETTLEMENT DISCUSSIONS by U.S. SECURITIES AND EXCHANGE COMMISSION. (Guido, Kenneth)
June 17, 2015 Minute Entry for proceedings held before Magistrate Judge G. Michael Harvey: Settlement Conference held on 6/17/2015. (lcgmh1, )
June 17, 2015 Opinion or Order MINUTE ORDER: The Court ORDERS that Plaintiff's #726 Motion to Dismiss is GRANTED, and its claim pursuant to Exchange Act Rule 13a-14 is DISMISSED WITHOUT PREJUDICE against Defendant Grace. Signed by Judge James E. Boasberg on 6/17/15. (lcjeb1)
June 16, 2015 Filing 726 MOTION to Dismiss Pursuant to Rule 41(a)(2) by U.S. SECURITIES AND EXCHANGE COMMISSION (Maher, Daniel)
June 12, 2015 Set/Reset Hearings: Settlement Conference set for 6/17/2015 at 03:30 PM in Chambers before Magistrate Judge G. Michael Harvey. Defendant and counsel to appear by Video Conference. (lcgmh1, )
June 10, 2015 Minute Entry for proceedings held before Magistrate Judge G. Michael Harvey: Settlement Conference held on 6/10/2015. (lcgmh1, )
June 5, 2015 Filing 725 MOTION for Entry of Final Judgment Against defendants Mary Grace, Tamio Saito, e-Smart Technologies, Inc., IVI Smart Technologies, Inc., and Intermarket Ventures, Inc. by U.S. SECURITIES AND EXCHANGE COMMISSION (Attachments: #1 Memorandum in Support, #2 Exhibit Attachments A-F to memo, #3 Declaration Anderson Declaration and Exhibits, #4 Text of Proposed Order)(Maher, Daniel)
June 3, 2015 Opinion or Order Filing 724 ORDER denying #663 Motion for Reconsideration. Signed by Judge James E. Boasberg on 6/3/15. (lcjeb2)
May 29, 2015 Filing 722 ERRATA to Reply with Exhibit and Dkt. no's inadvertently omitted added by TAMIO SAITO #707 Reply to opposition to Motion,, filed by TAMIO SAITO. (Attachments: #1 Errata Notice of Eratta regarding Tamio Saito's Reply to SEC Opposition to Tamio Saito's Motion for Reconsideration, #2 Exhibit REPLY EXHIBIT INDEX (corrected), #3 Errata Tamio Saito Reply-May 15, 2015 Corrected May 17, 2015 Eratta Highlighted, #4 Errata Attachment E-2. Soliven depo Video demonstrations of the wireless on multiple e-smart cards from relevant period working Eratta Highlighted, #5 Exhibit Attachment E-2. Soliven depo Video demonstrations of the wireless on multiple e-smart cards from relevant period working Eratta Clean Copy, #6 Errata Attachment E-3 with Eratta Highlighted, #7 Exhibit Attachment E-3 with Eratta Clean Copy.)(GRACE, MARY)
May 27, 2015 Filing 723 NOTICE of videos on flash drive by TAMIO SAITO re #707 Reply to opposition to Motion,, (jf)
May 24, 2015 Filing 721 ERRATA to Reply Exhibit Index with addition of Docket Numbers to Exhibits by TAMIO SAITO #707 Reply to opposition to Motion,, filed by TAMIO SAITO, #708 Reply to opposition to Motion,,,, filed by TAMIO SAITO. (Attachments: #1 Errata NOTICE OF ERRATA REGARDING PRO SE DEFENDANT TAMIO SAITO'S REPLY TO SEC'S OPPOSITION TO TAMIO SAITO MOTION FOR RECONSIDERATION, #2 Errata REPLY EXHIBIT INDEX (corrected with eratta) with highlights, #3 Errata REPLY EXHIBIT INDEX (corrected with eratta) - Clean copy.)(GRACE, MARY)
May 21, 2015 USCA Case Number 15-5143 for #699 Notice of Appeal to DC Circuit Court, filed by MARY A. GRACE. (md, )
May 19, 2015 Filing 720 ERRATA CORRECTIONS AND ADDITIONS OF OMISSIONS INADVERTENTLY OMITTED ON THE REPLY FILED MAY 15, 2015 by TAMIO SAITO #708 Reply to opposition to Motion,,,, filed by TAMIO SAITO, #707 Reply to opposition to Motion,, filed by TAMIO SAITO. (Attachments: #1 Errata NoticE OF ERRATA REGARDING PRO SE DEFENDANT'S TAMIO SAITO'S REPLY TO SEC OPPOSITION, #2 Exhibit INAL REPLY EXHIBIT INDEX (corrected), #3 Errata ATTACHMENT D UNRELIABLE WITNESSES - SUMMARY IN BRIEF W. Attachments, #4 Exhibit Exhibit D-3 Letter from counsel M.Fritz, #5 Errata Exhibit D-4 e-mail with Trade Secrets Declaration written by R.Barrett for T.Saito, #6 Exhibit Exhibit D-4a. e-SmartTrade Secrets Declaration written by Richard Barrett for T. Saito because he could not read or write English lieratel, #7 Exhibit Exhibit D-5 Barrett Comparison of e-Smart's Card with IDsmart counterfeited e-Smart Cards, #8 Exhibit haExhibit D-6 Richard Barretts Progress Reports with positive reports on e-Smart proving Richard Barrett's Misrepresentations, #9 Exhibit Exhibit D-7 Fritz Letter after resignation Richard Barrett - letter not accepting resignation, #10 Exhibit Exhibit D-7a. MFritz e-mail w. letter to Richard Barrett re resignation, #11 Exhibit Attachment D-8.. Sent to the Clerk of the Court on disc, #12 Exhibit Attachment D-9 Invoices from Richard Barrett sent to Clerk on disc, #13 Exhibit Attachment D10 Being sent to the Office of the Clerk of the Court, #14 Exhibit Attachment D11. Being sent to the Office of the Clerk of the Court, #15 Exhibit Attachment E-1. Being sent to the Office of the Clerk of the Court, #16 Exhibit ATTACHMENT F., #17 Errata Exhibit 8c. e-Smart Cards sent to R. Barrett Aug. 13, 2014, #18 Exhibit Exhibit 9a. e-mail from Wayne Drizin admitting giving e-Smart confidential information and e-Smart Trade secrets to Michaeel Gardiner)(GRACE, MARY)
May 18, 2015 Filing 719 LARGE ADDITIONAL ATTACHMENT(S) to Tamio Saito Reply-May 15, 2015 Corrected May 17, 2015 by TAMIO SAITO #707 Reply to opposition to Motion,, filed by TAMIO SAITO, #708 Reply to opposition to Motion,,,, filed by TAMIO SAITO. (Attachments: #1 Exhibit Exhibit 2k Infineon Sensors HiLited -NxGEN Server Production Data -e-smart Card copy Sheet1, #2 Exhibit Exhibit 2L NxGEN Server ProductionData -e-smart Card)(GRACE, MARY)
May 18, 2015 Filing 718 LARGE ADDITIONAL ATTACHMENT(S) to Tamio Saito Reply-May 15, 2015 Corrected May 17, 2015 by TAMIO SAITO #708 Reply to opposition to Motion,,,, filed by TAMIO SAITO, #707 Reply to opposition to Motion,, filed by TAMIO SAITO. (Attachments: #1 Exhibit REPLY EXHIBIT INDEX (Corrected, #2 Exhibit ATTACHMENT A - SENSOR Summary.pdf, #3 Exhibit ATTACHMENT B - BVS2 Summary, #4 Exhibit ATTACHMENT C - Commercial Availability & Viability Summary, #5 Exhibit ATTACHMENT D UNRELIABLE WITNESSES - SUMMARY IN BRIEF W.ATTACHMENT, #6 Exhibit Attachment D-1 March 1, 2013 Letter to Court re Unrleliable and their Fraud on the SEC and the Court Witnesses, #7 Exhibit Attachment D-2 Letter of May 11, 2009 re Unreliable Witnesses Credibility, #8 Exhibit ATTACHMENT E. RULE 60(b) 3. MISCONDUCT, MISREPRESENTATION AND FRAUD)(GRACE, MARY)
May 17, 2015 Filing 717 LARGE ADDITIONAL ATTACHMENT(S) to Tamio Saito Reply-May 15, 2015 Corrected May 17, 2015 by TAMIO SAITO #708 Reply to opposition to Motion,,,, filed by TAMIO SAITO, #707 Reply to opposition to Motion,, filed by TAMIO SAITO. (Attachments: #1 Exhibit 15 Involuntary Bankruptcy Transcript of April 29, 2009, #2 Exhibit 15a. Bankruptcy Summary, #3 Exhibit 15b.. Excerpts from Involuntary Bankruptcy Hearing -Pgs. 22-25, #4 Exhibit 15c Involuntary Bankruptcy Chart, #5 Exhibit 15d-1. e-Smart Techn - Involuntary Petition Order of Dismissal With Prejudice0001, #6 Exhibit 15d-2. IVI Dismissal Order With Prejudice., #7 Exhibit 15d-3 Intermarket Vent-1. - Involun. Petition Order of Dismissal With Prejudice)(GRACE, MARY)
May 17, 2015 Filing 716 LARGE ADDITIONAL ATTACHMENT(S) to Tamio Saito Reply-May 15, 2015 Corrected May 17, 2015 by TAMIO SAITO #707 Reply to opposition to Motion,, filed by TAMIO SAITO, #708 Reply to opposition to Motion,,,, filed by TAMIO SAITO. (Attachments: #1 Exhibit Exhibit 7c-2 Pt. 2 BVS2 system fore-Smart Mybi project p50-p112)(GRACE, MARY)
May 17, 2015 Filing 715 LARGE ADDITIONAL ATTACHMENT(S) to Tamio Saito Reply-May 15, 2015 Corrected May 17, 2015 by TAMIO SAITO #707 Reply to opposition to Motion,, filed by TAMIO SAITO, #708 Reply to opposition to Motion,,,, filed by TAMIO SAITO. (Attachments: #1 Exhibit Exhibit 2g. INFINEON Public Disclosed Product Description, #2 Exhibit Exhibit 2g. INFINEON Public Disclosed Product Description, #3 Exhibit Exhibit 7c-2 Pt. 1 -BVS2 for e-Smart Mybi system -1 to pg 49.)(GRACE, MARY)
May 17, 2015 Filing 714 LARGE ADDITIONAL ATTACHMENT(S) to Tamio Saito Reply-May 15, 2015 Corrected May 17, 2015 by TAMIO SAITO #708 Reply to opposition to Motion,,,, filed by TAMIO SAITO, #707 Reply to opposition to Motion,, filed by TAMIO SAITO. (Attachments: #1 Exhibit Exhibit 23-1.Secure Biometric Verification of Identity -Granted Patent US 8904187 Dec. 2- 2014, #2 Exhibit Exhibit 23-2.) BVS2 (Wireless Power Mybi RF & Wireless Power 1)Biometric Identity Verication System and Method-Granted patent US 8899487 Dec. 2- 2014, #3 Exhibit Exhibit 23-3) ALgorithm - Fingerprint Recognition for Low Computing Power Applications - Granted Patent US 8908934 Dec. 16 - 2014, #4 Exhibit Exhibit 23-4) Electronic Passport- Smart Card for Passport etc. - Granted Patent (41) US 8918900 Dec 29 -2014, #5 Exhibit Exhibit 23-5.) Anti Hacking)Cryptographically Processing Data Granted patent US8983061 March 17- 2015, #6 Exhibit)(GRACE, MARY)
May 17, 2015 Filing 713 LARGE ADDITIONAL ATTACHMENT(S) to Tamio Saito Reply-May 15, 2015 Corrected May 17, 2015 by TAMIO SAITO #708 Reply to opposition to Motion,,,, filed by TAMIO SAITO, #707 Reply to opposition to Motion,, filed by TAMIO SAITO. (Attachments: #1 Exhibit Exhibit 14 Chart Contact -Contact & Wireless e-Smart cards, #2 Exhibit Exhibit 16 EMV_and_NFC_WP_102212., #3 Exhibit xhibit 18 EXPERT REPORT OF EXPERTS TAMIO SAITO, TERUHIKO TAMORI, MARCELLO SOLIVEN & LEE KAWN HYUNG - JUNE 6, 2014, #4 Exhibit Exhibit 19 Sensor Costs & Testimony proving Misrepresentation re the same, #5 Exhibit Exhibit 19a Manufacturing Fw_ Strategic Alliance report, #6 Exhibit Exhibit 19a. Cost Samsung Order Sheet., #7 Exhibit Exhibit 20a Barrett - July 15, 2007-Immediate Sales- Short Term Sales Plan., #8 Exhibit Exhibit 20a-1.. Barrett e-Smart Korea Short Term (immediate) Sales Plan, #9 Exhibit Exhibit 20b. COO Aug 25 Bus Plan, e-Smart Business Plan, #10 Exhibit Exhibit 20c-1. Excerpts from Richard Barrett Aug & Sept 2007 Business Plan with picture of new Aug. 2007 Interflex substrate, #11 Exhibit Exhibit 20c. Sept. 25, 2007 - author Barrett -Final e-Smart Executive Summary & Korea Business Plan, #12 e-Smart's 2006 10KSB filed Oct. 24, 2007)(GRACE, MARY)
May 17, 2015 Filing 712 LARGE ADDITIONAL ATTACHMENT(S) to Tamio Saito Reply-May 15, 2015 Corrected May 17, 2015 by TAMIO SAITO #707 Reply to opposition to Motion,, filed by TAMIO SAITO. (Attachments: #1 Exhibit Exhibit 11a. IDTP Depo. Michal McCabe-8-1-14, #2 Exhibit Exhibit 11b. Deposition of IDTP Gerald Smith 07312014, #3 Exhibit Exhibit 11c. Deposiiton of IDTP Expert Smit's Assistant Thomas Grenier.pdf, #4 Exhibit Exhibit 12 Phillips Product Description ISO14443 (wireless) & MultiApplication JCOB, #5 Exhibit Exhibit 13.Declaration of Marcello Soliven re 3 different wireless technologies he developed for e-Smart cards in 2003- used on e-Smart cards. used 05-28-2014-, #6 Exhibit Exhibit 13a. Marcello's Demonstration of The Cards at His Deposition e-mail.pdf, #7 Exhibit Exhibit 13b SEC Deposition of Marcello Soliven Vol2_04302013, #8 Exhibit Exhibit 13b-1 Video of Deposition of Marcello Soliven 4-3-2013, #9 Exhibit Exhibit 11a-1. Video deposition of Michael McCabe 8-1-2014, #10 Exhibit Exhibit 11b-1. Video deposition of Gerald Smith 7-31-2014, #11 Exhibit Exhibit 11c-1. Video deposition of Thomas Greiner 7-31-2014, #12 Exhibit Exhibit 11a-2. Audio tape of Kenneth Guido re IDTP Expert Witness Michael Mccabe Testimony 8-1-2014)(GRACE, MARY)
May 17, 2015 Filing 711 LARGE ADDITIONAL ATTACHMENT(S) to Tamio Saito Reply-May 15, 2015 Corrected May 17, 2015 by TAMIO SAITO #708 Reply to opposition to Motion,,,, filed by TAMIO SAITO, #707 Reply to opposition to Motion,, filed by TAMIO SAITO. (Attachments: #1 Exhibit Exhibit 8A eSmart stolen cards from 2003-2005 produced by Barrett to SEC 6-6-13, #2 Exhibit Exhibit 9. Drizin Declaration - Confims first delivery of e-Smart Mybi cards to Korea 08.26.2005 pg.4 -no.10, #3 Exhibit Exhibit 10. Gardiner, Michael SEC Test. 12-16-08., #4 Exhibit Exhibit 10b-1. Declaration of Michael Gardiner- December 5, 2013, #5 Exhibit Exhibit 10b. Gardiner production of e-Smart's stolen 2003-2005 Cards on Dec 5, 2013, #6 Exhibit Exhibit 10c. ORDER TO RETURN E-SMART PROPeRTY pg. 2. no. 1-2.Joint Stipulation and Order - 10-23-2006., #7 Exhibit Exhibit 10d. Declaration of Michael Gardiner re being paid $190K pg. 7. no 22, #8 Exhibit Exhibit 10e Michael Gardiner Plea Change_of_Plea., #9 Exhibit Exhibit 10f. CEASE AND DESIST- to Gardiner Re_ URGENT- 6-12-2006, #10 Exhibit Exhibit 10h Interflex Scan & e-mail and claims)(GRACE, MARY)
May 17, 2015 Filing 710 LARGE ADDITIONAL ATTACHMENT(S) to Tamio Saito Reply-May 15, 2015 Corrected May 17, 2015 by TAMIO SAITO #708 Reply to opposition to Motion,,,, filed by TAMIO SAITO, #707 Reply to opposition to Motion,, filed by TAMIO SAITO. (Attachments: #1 Exhibit Exhibit 5a. Washington Times Insight Magazine July 21, 2003 by Kelly O'Meara, #2 Exhibit Exhibit 5 SEC Deposition of Kelly O'Meara 10-7-10, #3 Exhibit Exhibit 6 SEC Deposition of Douglas Borwick 1-10-08.pdf, #4 Exhibit Exhibit 7. Huffman Depo 9/24/13, #5 Errata Exhibit 7a. Excerpts from Thomas Huffman Deposition 9-24-13, #6 Exhibit Exhibit 7b. 2 working Flag Card like Soliven 37 card at bottom pg. 1 2003-2004 CARD - Huffman 007, #7 Exhibit Exhibit 7d. Huffman sends working Flag cards to Richard Barrett April 2007 011., #8 Exhibit Exhibit 7e. e-Mail to send BVS2 Servers to Korea Huffman 028, #9 Exhibit Exhibit 7f-2. BVS2 Servers and Network on Oct 23 2006, Feb 3 2007, May 1 2007 - in BioSensor Facility in Honolulu, Hawaii.pdf)(GRACE, MARY)
May 17, 2015 Filing 709 LARGE ADDITIONAL ATTACHMENT(S) to Tamio Saito Reply-May 15, 2015 Corrected May 17, 2015 by TAMIO SAITO #708 Reply to opposition to Motion,,,, filed by TAMIO SAITO, #707 Reply to opposition to Motion,, filed by TAMIO SAITO. (Attachments: #1 Exhibit FINAL INDEX OF EXHIBITS, #2 Exhibit Exhibit 2 NxGEN Server ProductionData -e-smart Card Sheet1, #3 Exhibit XHIBIT 2b ESP 004 ESMT CARDS in 2006 (Ch. 7 Def. Ex. Report, #4 Exhibit Exhibit 2b-1. ESP 004 Bill of Material - Infineon Sensor - Phillips CPU, #5 Exhibit Exhibit 2c. Infineon sensor Info on 2003 & 2004 e-Smart Cards, #6 Exhibit Exhibit 2d. ESM006-RevA-Sch 7-14-2003 Pg. 22 Motion.PDF, #7 Exhibit Exhibit 2e.. ESM011-RevA_Schematic 7-31-2003, #8 Exhibit Exhibit 2f. Infineon Sensor Order 2003., #9 Exhibit Exhibit 2h. Infineon- Order 2004 - last time buy, #10 Exhibit Exhibit 2i-Infineon Exhibit 2j Order 2005 BOM-2005 ESP008A, #11 Exhibit Exhibit 2j. FPC Sensor considered since 2003)(GRACE, MARY)
May 17, 2015 Filing 708 REPLY to opposition to motion re #664 MOTION for Reconsideration re #663 MOTION for Reconsideration re #654 Memorandum & Opinion Motion for Reconsideration of Order and Judgment Granting Plaintiff's Motion for Summary Judgment Against Tamio Saito Same Motion R CORRECTIONS AND ADDITIONS OF OMISSIONS INADVERTENTLY OMITTED ON THE REPLY FILED MAY 15, 2015 filed by TAMIO SAITO. (Attachments: #1 Statement of Facts Declaration of Authenticity - Tamio Saito, #2 Exhibit ESMT CARDS around 2006, #3 Exhibit Exhibit 1a. Washington Times -Insight Mag. July 2003 - PHYSICAL CARD EXISTED IN 2003, #4 Exhibit Exhibit 1b. Electronic Passport with Smart Card Patent.US 8,918,900 B2 filed April 26, 2004, #5 Exhibit Exhibit 1C. 2005 e-Smart Mybi Cards.pdf, #6 Exhibit Exhibit 1e. e-Smart Mybi Card - SEC Expert Report- Attachment H.pdf, #7 Exhibit Exhibit 1g Photos of 2003-2005 working cards, #8 Exhibit Exhibit 1h. e-Smart Mybi card connections of Fingerprint Sensor connected to Capacitor- Capacitor connected to Regulator- and Regulator connected to Antenna, #9 Exhibit Exhibit 1h. ESM006-RevA-Sch 7-14-2003 Pg. 22 Motion)(GRACE, MARY)
May 15, 2015 Filing 707 REPLY to opposition to motion re #664 MOTION for Reconsideration re #663 MOTION for Reconsideration re #654 Memorandum & Opinion Motion for Reconsideration of Order and Judgment Granting Plaintiff's Motion for Summary Judgment Against Tamio Saito Same Motion R, #663 MOTION for Reconsideration re #654 Memorandum & Opinion Motion for Reconsideration of Order and Judgment Granting Plaintiff's Motion for Summary Judgment Against Tamio Saito Reply to Opposition to Motion filed by TAMIO SAITO. (Attachments: #1 Declaration Declaration of Authenticity - Tamio Saito)(GRACE, MARY)
May 13, 2015 Filing 706 MANDATE of USCA (certified copy) as to #470 Notice of Interlocutory Appeal filed by MARY A. GRACE. ORDERED that the motion be denied and the appeal be dismissed. USCA Case Number 14-5219. (rd)
May 11, 2015 Filing 705 CASE DIRECTLY REFERRED to Magistrate Judge G. Michael Harvey for Mediation. (sth, )
May 11, 2015 Opinion or Order Filing 704 ORDER referring the dispute between the SEC and Defendant Rowen only to Magistrate Judge Michael Harvey for mediation. Signed by Judge James E. Boasberg on 5/11/15. (lcjeb2)
May 11, 2015 Opinion or Order MINUTE ORDER: As agreed at today's status hearing, the Court ORDERS that the dispute between the SEC and Defendant Rowen only shall be referred by separate Order to Magistrate Judge Michael Harvey for mediation, and those two parties shall submit a joint status report by June 26, 2015. Signed by Judge James E. Boasberg on 5/11/15. (lcjeb2)
May 11, 2015 Set/Reset Hearings: Settlement Conference set for 6/10/2015 at 03:30 PM in Chambers before Magistrate Judge G. Michael Harvey. (lcgmh1, )
May 11, 2015 Minute Entry for proceedings held before Judge James E. Boasberg: Status Conference held on 5/11/2015. Counsel for Defendant Rowen appeared via telephone. (The SEC and Defendant Rowen shall submit a joint status report by 6/26/2015; Mediation shall be completed by 6/26/2015). (Court Reporter Janice Dickman) (ad)
May 8, 2015 Filing 703 MOTION for Leave to Appear Telephonically by ROBERT J. ROWEN (Heischmidt, Christina)
May 8, 2015 Filing 702 Memorandum in opposition to re #663 MOTION for Reconsideration re #654 Memorandum & Opinion Motion for Reconsideration of Order and Judgment Granting Plaintiff's Motion for Summary Judgment Against Tamio Saito filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Maher, Daniel)
May 8, 2015 Opinion or Order MINUTE ORDER granting #703 Motion for Leave to Appear Telephonically. Signed by Judge James E. Boasberg on 5/8/15. (lcjeb2)
May 7, 2015 Filing 701 Supplemental Record on Appeal transmitted to US Court of Appeals re Notice of Corrected Docket Entry ; (td, )
May 7, 2015 Filing 700 Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date 5/7/15 re #699 Notice of Appeal to DC Circuit Court,. (td, )
May 7, 2015 Filing 699 NOTICE OF APPEAL TO DC CIRCUIT COURT as to #599 Order on Motion for Summary Judgment, #600 Memorandum & Opinion by MARY A. GRACE. Filing fee $ 505, receipt number 0090-4084244. Fee Status: Fee Paid. Parties have been notified. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit)(GRACE, MARY)
May 7, 2015 Opinion or Order Filing 698 ORDER that Defendant's #697 Notice of Appeal does not divest this Court of jurisdiction. Signed by Judge James E. Boasberg on 5/7/15. (lcjeb2)
May 7, 2015 Filing 697 ENTERED IN ERROR. . . . .NOTICE OF APPEAL TO DC CIRCUIT COURT as to #599 Order on Motion for Summary Judgment, #600 Memorandum & Opinion by MARY A. GRACE. Fee Status: No Fee Paid. Parties have been notified. (Attachments: #1 Exhibit, #2 Exhibit, #3 Declaration, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit)(GRACE, MARY) Modified on 5/7/2015 (td, ).
May 7, 2015 NOTICE OF CORRECTED DOCKET ENTRY: re #697 Notice of Appeal to DC Circuit Court, was entered in error and was refiled as docket entry #700 as file was having technical issues submitting payment. (td, )
May 6, 2015 Filing 696 ENTERED IN ERROR. . . . .NOTICE OF APPEAL TO DC CIRCUIT COURT as to #599 Order on Motion for Summary Judgment, by MARY A. GRACE. Fee Status: No Fee Paid. Parties have been notified. (Attachments: #1 Declaration Declaration of Authenticity - Tamio Saito, #2 Exhibit Attachment A Eratta pg.28, 29, 30, 31 & 42., #3 Exhibit Exhibit 1, #4 Errata Exhibit 2, #5 Exhibit Exhibit 3, #6 Exhibit Exhibit 4, #7 Exhibit 5)(GRACE, MARY) Modified on 5/7/2015 (td, ).
May 6, 2015 Filing 695 ENTERED IN ERROR. . . . .NOTICE OF APPEAL TO DC CIRCUIT COURT as to #600 Memorandum & Opinion by MARY A. GRACE. Fee Status: No Fee Paid. Parties have been notified. (GRACE, MARY) Modified on 5/7/2015 (td, ).
May 6, 2015 Filing 694 ENTERED IN ERROR. . . . .NOTICE OF APPEAL TO DC CIRCUIT COURT as to #600 Memorandum & Opinion by MARY A. GRACE. Fee Status: No Fee Paid. Parties have been notified. (GRACE, MARY) Modified on 5/7/2015 (td, ).
May 6, 2015 Filing 693 ENTERED IN ERROR. . . . .NOTICE OF APPEAL TO DC CIRCUIT COURT as to #599 Order on Motion for Summary Judgment, by MARY A. GRACE. Fee Status: No Fee Paid. Parties have been notified. (GRACE, MARY) Modified on 5/7/2015 (td, ).
May 5, 2015 Filing 692 ERRATA Refiled - Correct Copies of Tamio Saito Motion for Reconsideration with Eratta and Correct Copy of Memorandum in Support -Refiled by TAMIO SAITO #664 MOTION for Reconsideration re #663 MOTION for Reconsideration re #654 Memorandum & Opinion Motion for Reconsideration of Order and Judgment Granting Plaintiff's Motion for Summary Judgment Against Tamio Saito Same Motion R filed by TAMIO SAITO, #663 MOTION for Reconsideration re #654 Memorandum & Opinion Motion for Reconsideration of Order and Judgment Granting Plaintiff's Motion for Summary Judgment Against Tamio Saito filed by TAMIO SAITO. (Attachments: #1 Errata NOTICE OF ERRATA REGARDING PRO SE DEFENDANT TAMIO SAITO'S MOTION FOR RECONSIDERATION MEMORANDUM IN SUPPORT, #2 Errata Corrected-Memorandum in Support.)(GRACE, MARY)
May 4, 2015 Filing 691 ERRATA NOTICE OF ERRATA REGARDING PRO SE DEFENDANT'S TAMIO SAITO'S MOTION FOR RECONSIDERATION by TAMIO SAITO #664 MOTION for Reconsideration re #663 MOTION for Reconsideration re #654 Memorandum & Opinion Motion for Reconsideration of Order and Judgment Granting Plaintiff's Motion for Summary Judgment Against Tamio Saito Same Motion R filed by TAMIO SAITO, #663 MOTION for Reconsideration re #654 Memorandum & Opinion Motion for Reconsideration of Order and Judgment Granting Plaintiff's Motion for Summary Judgment Against Tamio Saito filed by TAMIO SAITO. (Attachments: #1 Errata NOTICE OF ERRATA REGARDING PRO SE DEFENDANT'S TAMIO SAITO'S MOTION FOR RECONSIDERATION, #2 Errata ATTACHMENT A Eratta pg.28, 29, 30, 31 & 42., #3 Errata Eratta added -Tamio Saito's Motion for Reconsideration, #4 Errata (CORRECTED (2)) EXHIBITS TAMIO SAITOS MOTION FOR RECONSIDERATION.)(GRACE, MARY)
May 4, 2015 Filing 690 MEMORANDUM re #663 MOTION for Reconsideration re #654 Memorandum & Opinion Motion for Reconsideration of Order and Judgment Granting Plaintiff's Motion for Summary Judgment Against Tamio Saito filed by TAMIO SAITO, #664 MOTION for Reconsideration re #663 MOTION for Reconsideration re #654 Memorandum & Opinion Motion for Reconsideration of Order and Judgment Granting Plaintiff's Motion for Summary Judgment Against Tamio Saito Same Motion R filed by TAMIO SAITO by TAMIO SAITO. (Attachments: #1 Exhibit CORRECTED (2)) EXHIBITS TAMIO SAITOS MOTION FOR RECONSIDERATION, #2 Exhibit Exhibit 18 ex-COO Richard Barrett Forged Severance Letter, #3 Exhibit Exhibit 18a. e-Smart Offer of Employment to ex-COO Richard Barrett, April 30, 2007, #4 Errata Exhibit 18b.ex-COO Richard Barrett Altered e-Smart Offer Letter into forged severance letter from IVI Smart w. forged signature of CEO Grace an wrong name of IVI, #5 Exhibit Exhibit 18C. Resignation Letter of Richard Barrett Oct. 17, 2007)(GRACE, MARY)
May 4, 2015 Filing 689 MEMORANDUM re #664 MOTION for Reconsideration re #663 MOTION for Reconsideration re #654 Memorandum & Opinion Motion for Reconsideration of Order and Judgment Granting Plaintiff's Motion for Summary Judgment Against Tamio Saito Same Motion R filed by TAMIO SAITO, #663 MOTION for Reconsideration re #654 Memorandum & Opinion Motion for Reconsideration of Order and Judgment Granting Plaintiff's Motion for Summary Judgment Against Tamio Saito filed by TAMIO SAITO by TAMIO SAITO. (Attachments: #1 Exhibit Reformatted Exhibit 48)(GRACE, MARY)
May 4, 2015 Filing 688 ERRATA to Motion For Reconsideration by TAMIO SAITO #664 MOTION for Reconsideration re #663 MOTION for Reconsideration re #654 Memorandum & Opinion Motion for Reconsideration of Order and Judgment Granting Plaintiff's Motion for Summary Judgment Against Tamio Saito Same Motion R filed by TAMIO SAITO, #663 MOTION for Reconsideration re #654 Memorandum & Opinion Motion for Reconsideration of Order and Judgment Granting Plaintiff's Motion for Summary Judgment Against Tamio Saito filed by TAMIO SAITO. (Attachments: #1 Errata ATTACHMENT A Eratta pg.28, 29, 30, 31 & 42, #2 Errata Tamio Saito's Motion for Reconsideration (with Eratta Added)(GRACE, MARY)
May 4, 2015 Filing 687 MEMORANDUM re #664 MOTION for Reconsideration re #663 MOTION for Reconsideration re #654 Memorandum & Opinion Motion for Reconsideration of Order and Judgment Granting Plaintiff's Motion for Summary Judgment Against Tamio Saito Same Motion R filed by TAMIO SAITO, #663 MOTION for Reconsideration re #654 Memorandum & Opinion Motion for Reconsideration of Order and Judgment Granting Plaintiff's Motion for Summary Judgment Against Tamio Saito filed by TAMIO SAITO by TAMIO SAITO. (Attachments: #1 Exhibit Exhibit 48)(GRACE, MARY)
May 4, 2015 Filing 686 MEMORANDUM re #663 MOTION for Reconsideration re #654 Memorandum & Opinion Motion for Reconsideration of Order and Judgment Granting Plaintiff's Motion for Summary Judgment Against Tamio Saito filed by TAMIO SAITO, #664 MOTION for Reconsideration re #663 MOTION for Reconsideration re #654 Memorandum & Opinion Motion for Reconsideration of Order and Judgment Granting Plaintiff's Motion for Summary Judgment Against Tamio Saito Same Motion R filed by TAMIO SAITO by TAMIO SAITO. (Attachments: #1 Exhibit Exhibit 47 (being sent to Clerk of Court, #2 Exhibit Exhibit 50, #3 Exhibit Exhibit 50A., #4 Exhibit Exhibit 50B., #5 Exhibit Exhibit 50C.), #6 Errata Exhibit 51, #7 Exhibit Exhibit 52, #8 Exhibit Exhibit 54, #9 Exhibit Exhibit 55. E-)(GRACE, MARY)
May 4, 2015 Filing 685 MEMORANDUM re #663 MOTION for Reconsideration re #654 Memorandum & Opinion Motion for Reconsideration of Order and Judgment Granting Plaintiff's Motion for Summary Judgment Against Tamio Saito filed by TAMIO SAITO, #664 MOTION for Reconsideration re #663 MOTION for Reconsideration re #654 Memorandum & Opinion Motion for Reconsideration of Order and Judgment Granting Plaintiff's Motion for Summary Judgment Against Tamio Saito Same Motion R filed by TAMIO SAITO by TAMIO SAITO. (Attachments: #1 Exhibit Exhibit 45b-1, #2 Exhibit Exhibit 45b-2. (being sent to the Clerk of the Court, #3 Exhibit Exhibit 45c-1., #4 Exhibit Exhibit 45c-2. (being sent to the Clerk of the Court, #5 Exhibit Exhibit 45d-1., #6 Exhibit Exhibit 45d.-2, #7 Exhibit Exhibit 46A-1, #8 Exhibit Exhibit 46A-2.), #9 Exhibit Exhibit 46A-3, #10 Exhibit Exhibit 46A-4., #11 Exhibit Exhibit 46A-5.), #12 Exhibit Exhibit 46A-6.), #13 Exhibit Exhibit 46A-7.), #14 Exhibit Exhibit 46A-8.), #15 Exhibit Exhibit 46A-8.), #16 Exhibit Exhibit 46B.)(GRACE, MARY)
May 4, 2015 Filing 684 MEMORANDUM re #663 MOTION for Reconsideration re #654 Memorandum & Opinion Motion for Reconsideration of Order and Judgment Granting Plaintiff's Motion for Summary Judgment Against Tamio Saito filed by TAMIO SAITO, #664 MOTION for Reconsideration re #663 MOTION for Reconsideration re #654 Memorandum & Opinion Motion for Reconsideration of Order and Judgment Granting Plaintiff's Motion for Summary Judgment Against Tamio Saito Same Motion R filed by TAMIO SAITO by TAMIO SAITO. (Attachments: #1 Exhibit Exhibit 37, #2 Exhibit Exhibit 39 e-Smart -Samsung AccessCard Pilot Target Sepcs for testing Pg. 2.p, #3 Exhibit 43A, #4 Exhibit 43A, #5 Exhibit 43B., #6 Exhibit 43D, #7 Exhibit 44a)(GRACE, MARY)
May 4, 2015 Filing 683 MEMORANDUM re #664 MOTION for Reconsideration re #663 MOTION for Reconsideration re #654 Memorandum & Opinion Motion for Reconsideration of Order and Judgment Granting Plaintiff's Motion for Summary Judgment Against Tamio Saito Same Motion R filed by TAMIO SAITO, #663 MOTION for Reconsideration re #654 Memorandum & Opinion Motion for Reconsideration of Order and Judgment Granting Plaintiff's Motion for Summary Judgment Against Tamio Saito filed by TAMIO SAITO by TAMIO SAITO. (Attachments: #1 Exhibit Exhibit 36.)(GRACE, MARY)
May 4, 2015 Filing 682 MEMORANDUM re #663 MOTION for Reconsideration re #654 Memorandum & Opinion Motion for Reconsideration of Order and Judgment Granting Plaintiff's Motion for Summary Judgment Against Tamio Saito filed by TAMIO SAITO, #664 MOTION for Reconsideration re #663 MOTION for Reconsideration re #654 Memorandum & Opinion Motion for Reconsideration of Order and Judgment Granting Plaintiff's Motion for Summary Judgment Against Tamio Saito Same Motion R filed by TAMIO SAITO by TAMIO SAITO. (Attachments: #1 Exhibit Exhibit 35, #2 Exhibit Exhibit 35A, #3 Exhibit Exhibit 35B, #4 Exhibit Exhibit 35C-1. e-, #5 Exhibit 35C. e-, #6 Exhibit 35D.)(GRACE, MARY)
May 4, 2015 Filing 681 MEMORANDUM re #664 MOTION for Reconsideration re #663 MOTION for Reconsideration re #654 Memorandum & Opinion Motion for Reconsideration of Order and Judgment Granting Plaintiff's Motion for Summary Judgment Against Tamio Saito Same Motion R filed by TAMIO SAITO, #663 MOTION for Reconsideration re #654 Memorandum & Opinion Motion for Reconsideration of Order and Judgment Granting Plaintiff's Motion for Summary Judgment Against Tamio Saito filed by TAMIO SAITO by TAMIO SAITO. (Attachments: #1 Exhibit Exhibit 34)(GRACE, MARY)
May 3, 2015 Filing 680 MEMORANDUM re #663 MOTION for Reconsideration re #654 Memorandum & Opinion Motion for Reconsideration of Order and Judgment Granting Plaintiff's Motion for Summary Judgment Against Tamio Saito filed by TAMIO SAITO, #664 MOTION for Reconsideration re #663 MOTION for Reconsideration re #654 Memorandum & Opinion Motion for Reconsideration of Order and Judgment Granting Plaintiff's Motion for Summary Judgment Against Tamio Saito Same Motion R filed by TAMIO SAITO by TAMIO SAITO. (Attachments: #1 Exhibit Exhibit 20A., #2 Exhibit Exhibit 20B, #3 Exhibit Exhibit 20C, #4 Exhibit Exhibit 20D, #5 Exhibit Exhibit 20E., #6 Exhibit Exhibit 21., #7 Exhibit Exhibit 22A., #8 Exhibit Exhibit 22b., #9 Exhibit Exhibit 23, #10 Exhibit Exhibit 24, #11 Declaration Exhibit 25, #12 Exhibit Exhibit 26, #13 Exhibit Exhibit 27-E-1, #14 Exhibit Exhibit 27-E-2, #15 Exhibit Exhibit 27-E-3, #16 Exhibit Exhibit 27B-1, #17 Exhibit Exhibit 28C-2., #18 Exhibit Exhibit 28C-3, #19 Exhibit Exhibit 28C-4-, #20 Exhibit Exhibit 28C-4, #21 Exhibit Exhibit 28D.)(GRACE, MARY)
May 3, 2015 Filing 679 MEMORANDUM re #663 MOTION for Reconsideration re #654 Memorandum & Opinion Motion for Reconsideration of Order and Judgment Granting Plaintiff's Motion for Summary Judgment Against Tamio Saito filed by TAMIO SAITO, #664 MOTION for Reconsideration re #663 MOTION for Reconsideration re #654 Memorandum & Opinion Motion for Reconsideration of Order and Judgment Granting Plaintiff's Motion for Summary Judgment Against Tamio Saito Same Motion R filed by TAMIO SAITO by TAMIO SAITO. (Attachments: #1 Exhibit Exhibit 15e-1.), #2 Exhibit Exhibit 15e-1.), #3 Exhibit Exhibit 15e-3.), #4 Exhibit Exhibit 15e-4., #5 Exhibit Exhibit 15f, #6 Exhibit Exhibit 15g-17.), #7 Exhibit Exhibit 15g-18a., #8 Exhibit Exhibit 15g-18b., #9 Exhibit Exhibit 15g., #10 Exhibit Exhibit 16A., #11 Exhibit Exhibit 17A, #12 Exhibit Exhibit 17A, #13 Exhibit Exhibit 17A-1., #14 Exhibit Exhibit 17A., #15 Exhibit Exhibit 19A, #16 Exhibit Exhibit 19B)(GRACE, MARY)
May 3, 2015 Filing 678 MEMORANDUM re #664 MOTION for Reconsideration re #663 MOTION for Reconsideration re #654 Memorandum & Opinion Motion for Reconsideration of Order and Judgment Granting Plaintiff's Motion for Summary Judgment Against Tamio Saito Same Motion R filed by TAMIO SAITO, #663 MOTION for Reconsideration re #654 Memorandum & Opinion Motion for Reconsideration of Order and Judgment Granting Plaintiff's Motion for Summary Judgment Against Tamio Saito filed by TAMIO SAITO by TAMIO SAITO. (Attachments: #1 Exhibit Exhibit 15d-2)(GRACE, MARY)
May 3, 2015 Filing 677 MEMORANDUM re #663 MOTION for Reconsideration re #654 Memorandum & Opinion Motion for Reconsideration of Order and Judgment Granting Plaintiff's Motion for Summary Judgment Against Tamio Saito filed by TAMIO SAITO, #664 MOTION for Reconsideration re #663 MOTION for Reconsideration re #654 Memorandum & Opinion Motion for Reconsideration of Order and Judgment Granting Plaintiff's Motion for Summary Judgment Against Tamio Saito Same Motion R filed by TAMIO SAITO by TAMIO SAITO. (Attachments: #1 Exhibit Exhibit 15a-1.), #2 Exhibit Exhibit 15a-2, #3 Exhibit Exhibit 15a-3, #4 Exhibit Exhibit 15a-4., #5 Exhibit Exhibit 15b-1., #6 Exhibit Exhibit 15c-1, #7 Exhibit Exhibit 15c-2., #8 Exhibit Exhibit 15d-1, #9 Exhibit Exhibit 15d-2)(GRACE, MARY)
May 3, 2015 Filing 676 MEMORANDUM re #663 MOTION for Reconsideration re #654 Memorandum & Opinion Motion for Reconsideration of Order and Judgment Granting Plaintiff's Motion for Summary Judgment Against Tamio Saito filed by TAMIO SAITO, #664 MOTION for Reconsideration re #663 MOTION for Reconsideration re #654 Memorandum & Opinion Motion for Reconsideration of Order and Judgment Granting Plaintiff's Motion for Summary Judgment Against Tamio Saito Same Motion R filed by TAMIO SAITO by TAMIO SAITO. (Attachments: #1 Exhibit (Corrected) Exhibit Index to Motion for Reconsideration and Memorandum Exhibits, #2 Exhibit Exhibit 1A, #3 Exhibit Exhibit 7E-1, #4 Exhibit Exhibit 7E-2., #5 Exhibit Exhibit 7E-3., #6 Exhibit Exhibit 7E-4, #7 Exhibit Exhibit 7E-5, #8 Exhibit Exhibit 7E-6, #9 Exhibit 7F-1., #10 Exhibit 7F-2, #11 Exhibit 11b., #12 Exhibit Exhibit 11C, #13 Declaration EXHIBIT 11C-1, #14 Declaration EXHIBIT 11C-2., #15 Declaration EXHIBIT 11C-3., #16 Exhibit Exhibit 11e., #17 Exhibit Exhibit 12, #18 Exhibit Exhibit 13b, #19 Exhibit Exhibit 13C., #20 Exhibit 13D., #21 Exhibit 15)(GRACE, MARY)
May 2, 2015 Filing 675 MEMORANDUM re #664 MOTION for Reconsideration re #663 MOTION for Reconsideration re #654 Memorandum & Opinion Motion for Reconsideration of Order and Judgment Granting Plaintiff's Motion for Summary Judgment Against Tamio Saito Same Motion R filed by TAMIO SAITO, #663 MOTION for Reconsideration re #654 Memorandum & Opinion Motion for Reconsideration of Order and Judgment Granting Plaintiff's Motion for Summary Judgment Against Tamio Saito filed by TAMIO SAITO by TAMIO SAITO. (Attachments: #1 Memorandum in Support Corrected -Memorandum in Support April 28, 2015- Corrections and Additions inadvertantly omitted (Same as May 1, but filed after midnight so May 2, 2015, #2 Exhibit Exhibit 45b-1. 08012014 IDTP e-Smart-McCabe, #3 Exhibit xhibit 45c-1. Deposition of IDTP Gerald Smith 07312014e-Smart-Smith, #4 Exhibit Exhibit 45c-1. 07312014 e-Smart-IDTP Grenier)(GRACE, MARY)
May 1, 2015 Filing 674 MEMORANDUM re #663 MOTION for Reconsideration re #654 Memorandum & Opinion Motion for Reconsideration of Order and Judgment Granting Plaintiff's Motion for Summary Judgment Against Tamio Saito filed by TAMIO SAITO, #664 MOTION for Reconsideration re #663 MOTION for Reconsideration re #654 Memorandum & Opinion Motion for Reconsideration of Order and Judgment Granting Plaintiff's Motion for Summary Judgment Against Tamio Saito Same Motion R filed by TAMIO SAITO by TAMIO SAITO. (Attachments: #1 Memorandum in Support Corrected -Memorandum in Support with Exhibits, #2 Exhibit Corrected EXHIBIT INDEX - MOTION FOR RECONSIDERATION & MEMORANDUM IN SUPPORT EXHIBITS, #3 Exhibit Exhibit 21 Barrett, Richard 12-19-07, #4 Exhibit Exhibit 22-1. - Barrett Vol-1. II, #5 Exhibit Exhibit 27A. Involuntary Bankruptcy -Counsel's Summary of Hearing Inv. Bank, #6 Exhibit Exhibit 27B.) Involuntary Bankruptcy Transcript of April 29, 2009, #7 Exhibit Exhibit 27C.) Involuntary Bankruptch Chart)(GRACE, MARY)
April 30, 2015 Filing 673 MEMORANDUM re #663 MOTION for Reconsideration re #654 Memorandum & Opinion Motion for Reconsideration of Order and Judgment Granting Plaintiff's Motion for Summary Judgment Against Tamio Saito filed by TAMIO SAITO, #664 MOTION for Reconsideration re #663 MOTION for Reconsideration re #654 Memorandum & Opinion Motion for Reconsideration of Order and Judgment Granting Plaintiff's Motion for Summary Judgment Against Tamio Saito Same Motion R filed by TAMIO SAITO by TAMIO SAITO. (Attachments: #1 Memorandum in Support Exhibit 9. Declaration of Nxgen CEO Richard Brunsell, #2 Exhibit Exhibit 8. Attachment H, #3 Exhibit Exhibit 8a. Declaration of Michael Gardiner re his co.ACard Manufacturing of e-Smart Card with NxGen, #4 Exhibit Exhibit 9. Declaration of Nxgen CEO Richard Brunsell, #5 Exhibit Exhibit 10.SEC Deposition of Tamio Saito - Sept 11, 2014, #6 Exhibit Exhibit 11, #7 Exhibit Exhibit 11a. Translation of Tamio Saito's Testimony at the - Hearing on April 13, 2015, #8 Errata Exhibit 11b., #9 Declaration Exhibit 13 Declaration of Marcello Soliven re 3 types of Contactless -RF-Wireless technology on e-Smart cards _0528201, #10 Exhibit Exhibit 13a. Deposition of Marcello Soliven August 11, 2014, #11 Exhibit Exhibit 13b-2. SEC Deposition of Marcello Soliven Vol2_04302013, #12 Exhibit Exhibit 13b., #13 Exhibit Exhibit 14 Sejong City - Korean Gov. - Press Release)(GRACE, MARY)
April 30, 2015 Filing 672 MEMORANDUM re #664 MOTION for Reconsideration re #663 MOTION for Reconsideration re #654 Memorandum & Opinion Motion for Reconsideration of Order and Judgment Granting Plaintiff's Motion for Summary Judgment Against Tamio Saito Same Motion R filed by TAMIO SAITO, #663 MOTION for Reconsideration re #654 Memorandum & Opinion Motion for Reconsideration of Order and Judgment Granting Plaintiff's Motion for Summary Judgment Against Tamio Saito filed by TAMIO SAITO by TAMIO SAITO. (Attachments: #1 Memorandum in Support Corrected -Memorandum in Support with Exhibits, #2 Exhibit Exhibit 7A. Manufacturing Report thru 2006., #3 Exhibit Exhibit 7C. MyBi Wireless (2 ANTENNAS),MULTI APPLICATION, CARD, #4 Errata Exhibit 7D. Manufacturing Fw_ Strategic Alliance report)(GRACE, MARY)
April 30, 2015 Filing 671 MEMORANDUM re #664 MOTION for Reconsideration re #663 MOTION for Reconsideration re #654 Memorandum & Opinion Motion for Reconsideration of Order and Judgment Granting Plaintiff's Motion for Summary Judgment Against Tamio Saito Same Motion R filed by TAMIO SAITO, #663 MOTION for Reconsideration re #654 Memorandum & Opinion Motion for Reconsideration of Order and Judgment Granting Plaintiff's Motion for Summary Judgment Against Tamio Saito filed by TAMIO SAITO by TAMIO SAITO. (Attachments: #1 Memorandum in Support CORRECTED -Memorandum in Support, #2 Exhibit Corrected EXHIBIT INDEX - MOTION FOR RECONSIDERATION & MEMORANDUM IN SUPPORT EXHIBITS, #3 Exhibit Exhibit 7B ESMT CARDS up to and in 2006)(GRACE, MARY)
April 30, 2015 Filing 670 MEMORANDUM re #664 MOTION for Reconsideration re #663 MOTION for Reconsideration re #654 Memorandum & Opinion Motion for Reconsideration of Order and Judgment Granting Plaintiff's Motion for Summary Judgment Against Tamio Saito Same Motion R filed by TAMIO SAITO, #663 MOTION for Reconsideration re #654 Memorandum & Opinion Motion for Reconsideration of Order and Judgment Granting Plaintiff's Motion for Summary Judgment Against Tamio Saito filed by TAMIO SAITO by TAMIO SAITO. (Attachments: #1 Memorandum in Support Corrected -Memorandum in Support, #2 Exhibit Exhibit Index for Motion for Reconsideration and Memorandum in Support)(GRACE, MARY)
April 29, 2015 Filing 669 LARGE ADDITIONAL ATTACHMENT(S) Exhibits to Memorandum Part 1 by TAMIO SAITO #663 MOTION for Reconsideration re #654 Memorandum & Opinion Motion for Reconsideration of Order and Judgment Granting Plaintiff's Motion for Summary Judgment Against Tamio Saito filed by TAMIO SAITO, #665 Memorandum, filed by TAMIO SAITO, #666 Errata,,, filed by TAMIO SAITO. (Attachments: #1 Exhibit MEMORANDUM ATTACHMENT A-1. Memorandum Pg. 15 bottom) pg. 1, #2 Exhibit Memorandum Attachment A-1 (Exhibit 15-1.) Misrepresentations- Multiple Applications 2003 - on Pg. 2, #3 Exhibit Memorandum Attachment A-1 (Ex. 15f. & 15g.) pg. 3, #4 Exhibit Ex. 15d-2. BVS2 Servers and Network on Oct 23 2006, Feb 3 2007, May 1 2007 - in BioSensor Facility in Honolulu, Hawaii, #5 Exhibit Ex. 15g-1. Sensor costs pg. 36, #6 Exhibit Ex. 15g-2. Production Costs with FPC Sensor pg. 25, #7 Exhibit Ex. 15g-3. Production Costs with FPC Sensor Phase 1 and Phase pg. 29, #8 Exhibit Ex. 15g-4. Deliveries of Cards in South Korea pg. 51, #9 Exhibit Ex. 15g-5. Current Pilot Status in South Korea pg. 53 (cards for pilots have been paid for by the customers), #10 Exhibit Ex. 15g-6. Purchase Orders in South Korea pg. 54, #11 Exhibit Ex. 15g-7. Purchase Order Summary pg.56, #12 Exhibit Ex. 15g-8. Interviews and Visits with Customers pg. 58., #13 Exhibit Ex. 15g-9. Interviews and Visits with Customers pg. 59, #14 Exhibit Ex. 15g-10. Interviews and Visits with Customers pg. 60, #15 Exhibit Ex. 15g-12. National Marketing (South Korea) pg. 65, #16 Exhibit Ex. 15g-13. National Marketing Strategy pg. 66, #17 Exhibit Ex. 15g-14. National Marketing Strategy pg. 67, #18 Exhibit Ex. 15g-15. E-Smart Cash Flow Forecast pg. 71, #19 Exhibit Ex. 15g-16. E-Smart Cash Flow Forecast (2) pg. 72)(GRACE, MARY)
April 29, 2015 Filing 668 LARGE ADDITIONAL ATTACHMENT(S) Exhibits to Motion for Reconsideration Part 2 by TAMIO SAITO #665 Memorandum, filed by TAMIO SAITO, #664 MOTION for Reconsideration re #663 MOTION for Reconsideration re #654 Memorandum & Opinion Motion for Reconsideration of Order and Judgment Granting Plaintiff's Motion for Summary Judgment Against Tamio Saito Same Motion R filed by TAMIO SAITO, #667 Large Additional Attachment(s),,,,, filed by TAMIO SAITO. (Attachments: #1 Exhibit Exhibit 7 Manufacturer NxGEN - e-Smart Production Jobs - Server Dat, #2 Exhibit Exhibit 7B. Manufacturer NxGEN -e-Smart production Server Data - w. highlights of production j, #3 Exhibit Exhibit 1B. Demonstrations of e-Smart Cards from 1999 to Sejong City for which patents have just been granted - New Evidenc, #4 Statement of Facts Exhibit 1D.Declaration of Marcello Soliven re 3 different wireless technologies he developed for e-Smart cards in 2003- used on e-Smart cards.)(GRACE, MARY)
April 29, 2015 Filing 667 LARGE ADDITIONAL ATTACHMENT(S) Exhibits to Motion for Reconsideration Part 1 by TAMIO SAITO #665 Memorandum, filed by TAMIO SAITO, #664 MOTION for Reconsideration re #663 MOTION for Reconsideration re #654 Memorandum & Opinion Motion for Reconsideration of Order and Judgment Granting Plaintiff's Motion for Summary Judgment Against Tamio Saito Same Motion R filed by TAMIO SAITO. (Attachments: #1 Exhibit Exhibit 1 Secure Biometric Verification of Identity - smart card - Granted and Issued Patent US 8904187 Dec. 2, 2014, #2 Exhibit Exhibit 2 Biometric Identity Verication System and Method-Issued Patent US 8899487 -Granted Dec. 2, 2014 (BVS2 System & Wireless Power & e-smart Mybi Card RF Wireless, #3 Exhibit Exhibit 3 Fingerprint Recognition for Low Computing Power Applications - Issued Patent US 8908934 - Granted Dec. 9, 2014, #4 Exhibit Exhibit 4. Electronic Passport- Smart Card for Passport etc. - Granted and Issued Patent US 8918900 Dec. 23, 2014, #5 Exhibit Exhibit 5. Anti Hacking)Cryptographically Processing Data (Anti-Hacking) US8983061 Granted March 17. 2015, #6 Exhibit Exhibit 6.. Sensor Granted & Issued Patent - US (27) 8786033 - July 22, 2014, #7 Exhibit Exhibit 1C. Bio Tamio Saito, #8 Declaration Exhibit 1D. Declaration of Marcello Soliven re. Three Different Wirless Technologies he Developed since 2003 - used on e-Smart cards)(GRACE, MARY)
April 29, 2015 Filing 666 ERRATA Correction of docket number in first sentence, which was inadvertantly incorrectly entered in error by TAMIO SAITO #664 MOTION for Reconsideration re #663 MOTION for Reconsideration re #654 Memorandum & Opinion Motion for Reconsideration of Order and Judgment Granting Plaintiff's Motion for Summary Judgment Against Tamio Saito Same Motion R filed by TAMIO SAITO, #663 MOTION for Reconsideration re #654 Memorandum & Opinion Motion for Reconsideration of Order and Judgment Granting Plaintiff's Motion for Summary Judgment Against Tamio Saito filed by TAMIO SAITO. (Attachments: #1 Errata Notice of Eratta to correct one inadvertantly incorrectly entered docket number)(GRACE, MARY)
April 28, 2015 Filing 665 MEMORANDUM re #664 MOTION for Reconsideration re #663 MOTION for Reconsideration re #654 Memorandum & Opinion Motion for Reconsideration of Order and Judgment Granting Plaintiff's Motion for Summary Judgment Against Tamio Saito Same Motion R filed by TAMIO SAITO by TAMIO SAITO. (Attachments: #1 Memorandum in Support Memorandum in Support of Motion for Reconsideration)(GRACE, MARY)
April 28, 2015 Filing 664 MOTION for Reconsideration re #663 MOTION for Reconsideration re #654 Memorandum & Opinion Motion for Reconsideration of Order and Judgment Granting Plaintiff's Motion for Summary Judgment Against Tamio Saito Same Motion Resubmitted after notice file transfer failed by TAMIO SAITO (Attachments: #1 Declaration Declaration of Authenticity - Tamio Saito)(GRACE, MARY)
April 28, 2015 Filing 663 MOTION for Reconsideration re #654 Memorandum & Opinion Motion for Reconsideration of Order and Judgment Granting Plaintiff's Motion for Summary Judgment Against Tamio Saito by TAMIO SAITO (Attachments: #1 Declaration Declaration of Authenticity - Tamio Saito)(GRACE, MARY)
April 17, 2015 Filing 662 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Anthony V. Diosdi, :Firm- Moskowitz LLP, :Address- 180 Montgomery Street, Ste. 1950, San Francisco, CA 94104. Phone No. - 415-394-7200. Fax No. - 415-398-6501 Filing fee $ 100, receipt number 0090-4061534. Fee Status: Fee Paid. by ROBERT J. ROWEN (Attachments: #1 Declaration, #2 Text of Proposed Order)(Heischmidt, Christina)
April 17, 2015 Opinion or Order MINUTE ORDER granting #662 Motion for Admission Pro Hac Vice of ANTHONY V. DIOSDI. Signed by Judge James E. Boasberg on 4/17/15. (lcjeb2)
April 17, 2015 Opinion or Order MINUTE ORDER: Local Rule 83.2(d) requires a certification that the attorney seeking to appear "either has or has not been disciplined by any bar, and if the attorney has been disciplined by any bar, the circumstances and details of the discipline." Mr. Diosdi's declaration relates only that he is "currently in good standing with all states, courts, and bars" in which he is admitted. The Court therefore DENIES WITHOUT PREJUDICE his #661 Motion for Leave to Appear Pro Hac Vice. Signed by Judge James E. Boasberg on 4/17/15. (lcjeb2)
April 16, 2015 Filing 661 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Anthony V. Diosdi, :Firm- Moskowitz LLP, :Address- 180 Montgomery Street, Ste. 1950, San Francisco, CA 94104. Phone No. - 415-394-7200. Fax No. - 415-398-6501 Filing fee $ 100, receipt number 0090-4060512. Fee Status: Fee Paid. by ROBERT J. ROWEN (Attachments: #1 Declaration, #2 Text of Proposed Order)(Heischmidt, Christina)
April 15, 2015 Opinion or Order MINUTE ORDER: The Court ORDERS that Defendant Grace's #658 Motion to Clarify is GRANTED. She and Defendant Saito shall each have until July 30, 2015, to file their oppositions, and the SEC shall have until August 20, 2015, to file its reply. Signed by Judge James E. Boasberg on 4/15/15. (lcjeb2)
April 15, 2015 Set/Reset Deadlines: Defendant Grace and Defendant Saito shall each have until 7/30/2015, to file their oppositions, and the SEC shall have until 8/20/2015. (ad)
April 14, 2015 Filing 660 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Anthony V. Diosdi, :Firm- Moskowitz LLP, :Address- 180 Montgomery Street, Ste. 1950, San Francisco, CA 94104. Phone No. - 415-394-7200. Fax No. - 415-398-6501 Filing fee $ 100, receipt number 0090-4056123. Fee Status: Fee Paid. by ROBERT J. ROWEN (Attachments: #1 Declaration Declaration of Anthony V. Diosdi, #2 Declaration Declaration of Joseph M. Bray, #3 Text of Proposed Order)(Heischmidt, Christina)
April 14, 2015 Filing 659 NOTICE of Appearance by Christina Maria Heischmidt on behalf of ROBERT J. ROWEN (Heischmidt, Christina)
April 14, 2015 Filing 658 MOTION to Clarify by MARY A. GRACE (GRACE, MARY)
April 14, 2015 Opinion or Order MINUTE ORDER granting #660 Motion for Admission Pro Hac Vice of JOSEPH M. BRAY. The Motion is DENIED as to Anthony V. Diosdi for failure to comply with LCvR 83.2(d). Signed by Judge James E. Boasberg on 4/14/15. (lcjeb2)
April 13, 2015 Minute Entry for proceedings held before Judge James E. Boasberg: Status Conference held on 4/13/2015. (The SEC shall file its brief on remedies against Grace and Saito by 6/05/2015, with oppositions due by 7/06/2015, and the SEC's reply by 7/27/2015; and the SEC shall further inform the Court by 6/05/2015, how it wishes to proceed on Count VI against Grace). A further Status Conference is set for 5/11/2015, at 11:30 AM, in Courtroom 21, before Judge James E. Boasberg. (Court Reporter Lisa Griffith) (ad)
April 13, 2015 Opinion or Order MINUTE ORDER: As discussed at today's status hearing, the Court ORDERS that: 1) A further status hearing will be held for only the SEC and Rowen on May 11, 2015, at 11:30 a.m.; 2) The SEC shall file its brief on remedies against Grace and Saito by June 5, 2015, with oppositions due by July 6, 2015, and the SEC's reply by July 27, 2015; and 3) The SEC shall further inform the Court by June 5, 2015, how it wishes to proceed on Count VI against Grace (the sole remaining outstanding count against her). Signed by Judge James E. Boasberg on 4/13/15. (lcjeb2)
April 6, 2015 Opinion or Order Filing 657 ORDER: The Court ORDERS that Defendant Grace's #621 Motion for Reconsideration of this Court's #599 Order on the SEC's Second Motion for Summary Judgment is DENIED. Signed by Judge James E. Boasberg on 04/06/15. (lcjeb3)
April 6, 2015 Filing 656 Amended MOTION to ClarifyParts of the Court's Order of March 31, 2015 by pro se defendants Tamio Saito and Mary Grace by TAMIO SAITO (GRACE, MARY)
April 6, 2015 Filing 655 MOTION to ClarifyParts of the Court's Order of March 31, 2015 by pro se defendants Tamio Saito and Mary Grace by TAMIO SAITO (GRACE, MARY)
April 6, 2015 Opinion or Order MINUTE ORDER: The Court ORDERS that Defendants' #656 Motion is DENIED as moot, given the Court's Order on their prior #655 Motion. Signed by Judge James E. Boasberg on 4/6/15. (lcjeb1)
April 6, 2015 Opinion or Order MINUTE ORDER: The Court ORDERS that Defendants' #655 Motion is GRANTED IN PART and DENIED IN PART. Defendants may appear by phone if they wish, but the Court is not inclined to postpone the status conference. Signed by Judge James E. Boasberg on 4/6/15. (lcjeb1)
March 31, 2015 Set/Reset Hearing: A Status Conference is set for 4/13/2015, at 11:00 AM,in Courtroom 19, before Judge James E. Boasberg. (ad)
March 30, 2015 Opinion or Order Filing 654 MEMORANDUM AND OPINION re #653 Order on Motion for Summary Judgment. Signed by Judge James E. Boasberg on 3/30/15. (lcjeb2)
March 30, 2015 Opinion or Order Filing 653 ORDER: The Court ORDERS that: (1) The Securities and Exchange Commission's #388 Motion for Summary Judgment against Defendant Saito is GRANTED; (2)Saito's #497 Cross-Motion for Summary Judgment is DENIED; (3) The SEC's #563 Motion to Strike Saito's Reply is DENIED as moot; (4) The SEC's #434 Motion to Exclude Defendant's Experts and Strike his Expert Report is DENIED; (5) Saito's #541 Motion to Exclude the SEC's Experts and to Strike its Expert Report is DENIED; (6) Saito's second #601 Motion to Strike the SEC's Expert Report is DENIED; (7) Saito's #652 Motion to Strike the SEC's Opposition to his second Motion to Strike is DENIED as moot; and (8) All parties shall appear for a status conference on April 13, 2015, at 11:00 a.m. Signed by Judge James E. Boasberg on 3/30/15. (lcjeb2)
March 26, 2015 Filing 652 MOTION to Strike #619 Memorandum in Opposition, Pro se defendant Tamio Saito's Motion To Strike All Or Portions Of Plaintiff's Expert Report And Plaintiffs Motions For Summary Judgment And Testimony And Affidavits Which Are Proven By Newly Discovered Evidence To Be False And Proffered Perjury by TAMIO SAITO (GRACE, MARY)
March 25, 2015 Filing 651 LARGE ADDITIONAL ATTACHMENT(S) by MARY A. GRACE #650 Reply to opposition to Motion, filed by MARY A. GRACE. (Attachments: #1 Exhibit Exhibit 1 Transcript Hearing on Jan. 29, 2015, #2 Exhibit Exhibit 2 SEC Deposition of Hung, Stewart, #3 Exhibit Exhibit 3 SEC Deposition of Leshkowitz, Joseph 7-10-2013, #4 Exhibit Exhibit 4 SEC Interview Russo, Anthony 6-12-08)(GRACE, MARY)
March 25, 2015 Filing 650 REPLY to opposition to motion re #621 MOTION for Reconsideration re #599 Order on Motion for Summary Judgment, filed by MARY A. GRACE. (Attachments: #1 Declaration Declaration of Mary Grace as to Authenticity of Documents)(GRACE, MARY)
March 18, 2015 Filing 649 LARGE ADDITIONAL ATTACHMENT(S) NOTICE OF INCORRECT FILING by MARY A. GRACE #644 Reply to opposition to Motion,, filed by MARY A. GRACE, #646 Reply to opposition to Motion,,,, filed by MARY A. GRACE. (Attachments: #1 Notice to Counsel/Party NOTICE OF INCORRECT FILING)(GRACE, MARY)
March 18, 2015 Filing 648 LARGE ADDITIONAL ATTACHMENT(S) by MARY A. GRACE #644 Reply to opposition to Motion,, filed by MARY A. GRACE. (Attachments: #1 Exhibit Attachment A -3 Statement of Facts and Fritz Testimony & documenta that proves Fritz letter false, #2 Notice to Counsel/Party Notice of Exhibits)(GRACE, MARY)
March 18, 2015 Filing 647 LARGE ADDITIONAL ATTACHMENT(S) by MARY A. GRACE #644 Reply to opposition to Motion,, filed by MARY A. GRACE, #646 Reply to opposition to Motion,,,, filed by MARY A. GRACE. (Attachments: #1 Exhibit Attachment A -2.-SOF's proving Counsel M.Fritz Letter false and an attempt to manuever a takeover in progress before termination)(GRACE, MARY)
March 18, 2015 Filing 646 REPLY to opposition to motion re #601 MOTION for Leave to File MOTION TO STRIKE ALL OR PORTIONS OF PLAINTIFF'S EXPERT REPORT AND PLAINTIFFS MOTIONS FOR SUMMARY JUDGMENT AND TESTIMONY AND AFFIDAVITS WHICH ARE PROVEN BY NEWLY DISCOVERED EVIDENCE TO BE FALSE AND PROFFERED PERJURY filed by MARY A. GRACE. (Attachments: #1 Exhibit Attachment A- THE PURPORTED FRAUDULENT OPINION LETTER, #2 Attachment A -1. Statement of Facts proving letter of Maranda Fritz is a false, #3 Attachment A-4. Statement of Facts and Fritz Testimony that proves Fritz letter fals, #4 Attachment A- 6 SAMSUNG Testimony and e-mail from negotiations of contract to release of 8K, #5 Attachment A-5a. Board Minute e-mail with draft attached, #6 Attachment A-5b. SOF Board Minutes Draft from Counsel Fritz which prove Fritz letter fals, #7 Attachment A-7. Counsel Firtz Bill - Opinion approval for removing restriction from shares owned by IVI and Intermarket to repay for loans to Intermarket, #8 Attachment A-8 - List of lenders and employees & consultants on share issue list)(GRACE, MARY)
March 18, 2015 Filing 645 Memorandum in opposition to re #621 MOTION for Reconsideration re #599 Order on Motion for Summary Judgment, filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Maher, Daniel)
March 17, 2015 Filing 644 REPLY to opposition to motion re #601 MOTION for Leave to File MOTION TO STRIKE ALL OR PORTIONS OF PLAINTIFF'S EXPERT REPORT AND PLAINTIFFS MOTIONS FOR SUMMARY JUDGMENT AND TESTIMONY AND AFFIDAVITS WHICH ARE PROVEN BY NEWLY DISCOVERED EVIDENCE TO BE FALSE AND PROFFERED PERJURY filed by MARY A. GRACE. (Attachments: #1 Declaration Declaration of Tamio Saito as to Authenticity of Documents, #2 Declaration Declaration of Mary Grace as to Authenticity of Documents)(GRACE, MARY)
March 16, 2015 Filing 643 MEMORANDUM re #621 MOTION for Reconsideration re #599 Order on Motion for Summary Judgment, filed by MARY A. GRACE by MARY A. GRACE. (Attachments: #1 Memorandum in Support Memorandum in Support of Motion for Reconsideration March 12, 2015, #2 EXHIBIT INDEX FINAL, #3 EXHIBIT 47 - KOREA BANK RECORDS -WILL BE SENT ON CD - TO CLERK OF THE COURT WHEN PLAINTIFF PROVIDES A CD WITH THE RECORDS AND THE PASSWORD, #4 EXHIBIT 48. AUDITOR ROTENBERG BOOKS AND RECORDS FOR 2007 10K AUDITED FINANCIALS -ON CD WILL BE SENT TO CLERK OF THE COURT WHEN PLAINTIFF PROVIDES THE CORRECT PASSWORD)(GRACE, MARY)
March 13, 2015 Filing 642 LARGE ADDITIONAL ATTACHMENT(S) STATEMENT OF FACTS - DISPUTING PLAINTIFF'S STATEMENT OF FACTS by MARY A. GRACE #621 MOTION for Reconsideration re #599 Order on Motion for Summary Judgment, filed by MARY A. GRACE. (Attachments: #1 Statement of Facts SOF 457-6 Compensation and Loan Shares Approved by Counsel, Acct. & Audiors & Loan shares Reissued from IVI - Intermarket.pdf, #2 Statement of Facts SOF Dkt. 456-3 KO'Meara entire AFFIDAVIT, #3 Statement of Facts SOF 457-11 - Declaration of Plaintiff' Witness Wayne Drizin)(GRACE, MARY)
March 13, 2015 Filing 641 LARGE ADDITIONAL ATTACHMENT(S) MOtion for Reconsideration and Memorandum in Support Exhibits by MARY A. GRACE #621 MOTION for Reconsideration re #599 Order on Motion for Summary Judgment, filed by MARY A. GRACE. (Attachments: #1 Declaration Exhibit 41 Declaration of Dr Behnam Bavarian March 10 2015., #2 Exhibit Exhibit 41A. 2014-07-27 DECLARATION DRAFTED AND SENT FROM K.GUIDO TO DR. BAVARIAN TO INDUCE HIM TO RESIGN AS EXPERT WITNESS FOR DEFENDANT, #3 Exhibit Exhibit 43 Report to Inspector General Hoecker Jan. 25, 2015, #4 Exhibit Exhibit 44 Motion for Continuance Dkt. 593-main, #5 Exhibit Exhibit 45 MINUTE ORDER DENYING MOTION FOR CONTINUANCE, #6 Exhibit Exhibit 46 Motion for Reconsideration of Motion to Stirke Dkt.597-main, #7 Exhibit EXHIBIT 47 - KOREA BANK RECORDS - ON CD -SENT TO CLERK OF THE COURT.pdf, #8 Exhibit EXHIBIT 48 AUDITOR EFP ROTENBERG LLP - BOOKS AND RECORDS FOR 2007 10K AUDITED FINANCIALS - ON CD TO CLERK OF THE COURT.pdf)(GRACE, MARY)
March 13, 2015 Filing 640 LARGE ADDITIONAL ATTACHMENT(S) Motion for Reconsideration and Memorandum in Support Exhibits by MARY A. GRACE #621 MOTION for Reconsideration re #599 Order on Motion for Summary Judgment, filed by MARY A. GRACE. (Attachments: #1 Exhibit Amended Exhibit Index, #2 Exhibit EXHIBT 38 Transcript Hearing on 2nd MSF Jan. 29, 2015, #3 Exhibit Exhibit 39 Memorandum in Support of Motion to Strike Dkt. 613-2, #4 Exhibit Exhibit 40 Motion to Strike 613-1.)(GRACE, MARY)
March 13, 2015 Filing 639 LARGE ADDITIONAL ATTACHMENT(S) Motion for Reconsideration and Memorandum in Support Exhibits by MARY A. GRACE #621 MOTION for Reconsideration re #599 Order on Motion for Summary Judgment, filed by MARY A. GRACE. (Attachments: #1 Declaration Exhibit 37B. Declaration of Richard Brunsell #1 Nxgen CEO, #2 Declaration Exhibit 38A-2 GARDINER DECLARATION EXHIBITS, #3 Declaration Exhibit 38A-33. Declaration of Michael Gardiner- December 5, 2013., #4 Exhibit EXHIBIT 38D-1-1 GUIDO DRAFT LETTER JULY 17, 2013., #5 Exhibit EXHIBIT 38D-2 - 2013-06-18 [DRAFT] LETTER AGREEMENT WITH MS. GRACE RE DISCOVERY AND SCHEDULE.pdf, #6 Exhibit EXHIBIT 40 MINUTE ORDER RE PRODUCTION OF DUPLICATE CARDS TO DEFENDANTS, #7 Exhibit EXHIBIT 40A DUPLICATE CARDS Some of the Duplicate cards)(GRACE, MARY)
March 13, 2015 Filing 638 LARGE ADDITIONAL ATTACHMENT(S) Motion for Reconsideration and Memorandum in Support Exhibits by MARY A. GRACE #621 MOTION for Reconsideration re #599 Order on Motion for Summary Judgment, filed by MARY A. GRACE. (Attachments: #1 Exhibit 30A-1. Excerpts from Testimony About Accounting Procedures 2005-2006 10K, #2 Exhibit 30A-2. Excerpts of Anthony Russo SEC Testimony Excerpts ACCOUNTING PROCEDURES -ATTACHMENT A -Part 2., #3 Exhibit 31A. Excerpts of Testimony of JOSEPH LESHKOWITZ RE BOOKS AND RECORDS - AND ACCOUNTING PROCEDURES FOR 2007 10K -2008-2009 -2010 & 2011. SEC DEPO Testi, #4 EXHIBIT 37A-1.. DECLARATION OF LEE KAWN HYUNG PG. 1.pdf, #5 EXHIBIT 37A-2. DECLARATION OF LEE KAWN HYUNG PG. 2 6, #6 EXHIBIT 37A-3. DECLARATION OF LEE KAWN HYUNG PG. 3, #7 EXHIBIT 37A-4. DECLARATION OF LEE KAWN HYUNG PG. 4, #8 Exhibit 37B. Declaration of Richard Brunsell #1 Nxgen CEO.)(GRACE, MARY)
March 13, 2015 Filing 637 LARGE ADDITIONAL ATTACHMENT(S) Motion for Reconsideration and Memorandum in Support Exhibits by MARY A. GRACE #621 MOTION for Reconsideration re #599 Order on Motion for Summary Judgment, filed by MARY A. GRACE. (Attachments: #1 Exhibit Exhibit 15A. E-SMART TECHNOLOGIES INC (Form/ 10KSB, Received/ 10/24/2007 13/28/56), #2 Exhibit Exhibit 15B. E-SMART TECHNOLOGIES INC (Form/ 10KSB, Received/ 10/24/2007 13/28/56).pdf, #3 Exhibit Exhibit 15C. SEC Info - E-Smart Technologies Inc - 10-K for 12/31/07, #4 Exhibit Exhibit 16 Deposition Transcript of Stewart Hung, #5 Exhibit Exhibit 16A. Excerpts of Testimony of Auditor Stewart Hung - Horowitz Ullman Depo, #6 Exhibit Exhibit 19C-1. Excerpts from Involuntary Bankruptcy Transcript, #7 Exhibit EXHIBIT 19D. US Bankruptcy Court Southern District New York Hearing Transcript., #8 Exhibit Exhibit 28 E. Customer Satisfaction., #9 Exhibit Exhibit 28 Purchase Order Summary.pdf, #10 Exhibit Exhibit 28A Current Pilot Status., #11 Exhibit Exhibit 28B Purchase Orders.pdf, #12 Exhibit Exhibit 28C. Purchase Orders.pdf, #13 Exhibit Exhibit 28D. Pilot Status.pdf)(GRACE, MARY)
March 13, 2015 Filing 636 LARGE ADDITIONAL ATTACHMENT(S) Motion for Reconsideration and Memorandum in Support Exhibits by MARY A. GRACE #621 MOTION for Reconsideration re #599 Order on Motion for Summary Judgment, filed by MARY A. GRACE. (Attachments: #1 Exhibit EXHIBIT 14-1. PLAINTIFF'S MOTION TO COMPEL TAMIO SAITO DKT. 273-main., #2 Exhibit EXHIBIT 14. PERJURED MOTION AND DECLARATION, #3 Declaration EXHIBIT 14A-2 DECLARATION OF MICHAEL MCCABE DKT 273-1., #4 Exhibit EXHIBIT 14A-2 INVOICE PROVES THEY HAD IKENDI SDK KIT IN DEC.30, 2013 -LAST ENTRY, #5 Exhibit Exhibit 15A. E-SMART TECHNOLOGIES INC (Form/ 10KSB, Received/ 10/24/2007 13/28/56))(GRACE, MARY)
March 13, 2015 Filing 635 LARGE ADDITIONAL ATTACHMENT(S) Motion for Reconsideration and Memorandum in Support Exhibits by MARY A. GRACE #621 MOTION for Reconsideration re #599 Order on Motion for Summary Judgment, filed by MARY A. GRACE. (Attachments: #1 Exhibit Exhibit 11A. ID Technology Partners Subpoena.pdf, #2 Exhibit EXHIBIT 11B Gerry Smith Subpoena, #3 Exhibit Exhibit 11C.. Thomas Grenier Subpoena, #4 Exhibit Exhibit 11C.. Thomas Grenier Subpoena, #5 Declaration EXHIBIT 13A-1 DECLARATION OF JEFFREY R. ANDERSON, #6 Exhibit EXHIBIT 13A-2. EXCERPTS 10K - R&D EXPENSES TOTAL $15,150,309., #7 Declaration EXHIBIT 13B. Perjured Declarations of Jeffrey Andersen, #8 Exhibit Exhibit 13C-1 Opposition to Motion to Compel 298-main, #9 Exhibit Exhibit 13C-2.) Executed Declaration of Rachid Zangui 5_5_2014, #10 Exhibit Exhibit 13C-4 Hearing July 14, 2014, #11 Declaration Exhibit 13C. DECLARATION OF KENNETH GUIDO - FALSE - PROFFERED PERJURY BEFORE THE COURT)(GRACE, MARY)
March 13, 2015 Filing 634 LARGE ADDITIONAL ATTACHMENT(S) motion for Reconsideration and Memorandum in Support Exhibits by MARY A. GRACE #621 MOTION for Reconsideration re #599 Order on Motion for Summary Judgment, filed by MARY A. GRACE. (Attachments: #1 Exhibit Exhibit 39 e-Smart -Samsung AccessCard Pilot Target Sepcs for testing Pg. 1., #2 Exhibit Exhibit 39 e-Smart -Samsung AccessCard Pilot Target Sepcs for testing Pg. 2.p, #3 Exhibit Exhibit 39 e-Smart -Samsung AccessCard Pilot Target Sepcs for testing Pg. Pg.3, #4 Exhibit Exhibit 39A. SAMSUNGS1 E-SMART CARD, #5 Exhibit Exhibit 39B -Samsung Purchase Order for Pilot Test Cards @ 26 Notarial Certificate_Order Sheet_S1(080902).pdf, #6 Exhibit Exhibit 39C Exhibit Samsung Purchase Order for Pilot Test Cards @33 Notarial Certificate_Order Sheet_S1.)(GRACE, MARY)
March 13, 2015 Filing 633 LARGE ADDITIONAL ATTACHMENT(S) Motion for Reconsideration and Memorandum in Support Exhibits by MARY A. GRACE #621 MOTION for Reconsideration re #599 Order on Motion for Summary Judgment, filed by MARY A. GRACE. (Attachments: #1 Declaration Exhibit 36-1 pg 1 ACE KIM, #2 Declaration Exhibit 36-1 Pg 2ACE KIM.pdf, #3 Declaration Exhibit 36-1 pg 3 ACE KIM.pdf, #4 Declaration Exhibit 36-3 DOGLAS CHEON Declaration of Douglas Cheon_The final., #5 Declaration Exhibit 36-5 NICE_KIM - 20140604, #6 Declaration EXHIBIT 38. DECLARATION RE E-SMART CARDS FROM PLAINTIFF WITNESSES.pdf)(GRACE, MARY)
March 13, 2015 Filing 632 LARGE ADDITIONAL ATTACHMENT(S) Motion for Reconsideration and Memorandum in Support Exhibits by MARY A. GRACE #621 MOTION for Reconsideration re #599 Order on Motion for Summary Judgment, filed by MARY A. GRACE. (Attachments: #1 Exhibit Exhibit 36-1 pg 1 ACE KIM, #2 Exhibit Exhibit 36-1 Pg 2ACE KIM.pdf, #3 Exhibit Exhibit 36-1 pg 3 ACE KIM., #4 Exhibit Exhibit 36-3 DOGLAS CHEON Declaration of Douglas Cheon_The final.)(GRACE, MARY)
March 13, 2015 Filing 631 LARGE ADDITIONAL ATTACHMENT(S) Motion for Reconsideration and Memorandum in Support Exhibits by MARY A. GRACE #621 MOTION for Reconsideration re #599 Order on Motion for Summary Judgment, filed by MARY A. GRACE. (Attachments: #1 Exhibit xhibit 32 SENSORS Pg. 1, #2 Exhibit Exhibit 32 - SENSORS - P. 2., #3 Exhibit Exhibit 32 SENSORS - Pg. 3., #4 Exhibit XHIBIT 33 e-Smart Korea Business Plan-, #5 Exhibit Exhibit 34A DEMO By -Smart Engineers., #6 Exhibit Exhibit 34B. SEC SAMSUNGS1 CARD B, #7 Exhibit Exhibit 34C. Samsung_S1 e-Smart Super Smart Card., #8 Exhibit EXHIBIT 35 Sejong City - Korea - Press Release & Info on eSmart I AM Card in Sejong City_)(GRACE, MARY)
March 13, 2015 Filing 630 LARGE ADDITIONAL ATTACHMENT(S) Motion for Reconsideration and Memorandum in Support Exhibits by MARY A. GRACE #621 MOTION for Reconsideration re #599 Order on Motion for Summary Judgment, filed by MARY A. GRACE. (Attachments: #1 Exhibit Exhibit 22 Attachment H, #2 Exhibit Exhibit 26A. Declaration of Marcello Soliven Oct. 31, 2013, #3 Exhibit Exhibit 27A. Deposition of Tamio Saito, #4 Exhibit Exhibit 27B.Declaration of Tamio Saito Oct. 31,2013, #5 Exhibit XHIBIT 28. DUE DILIGENCE REPORT CUSTOMERS IN KOREA, #6 Exhibit EXHIBIT 30. DEPOSITION TESTIMONY OF ANTHONY RUSSO E-SMART ACTING CFO.pdf, #7 EXHIBIT 31. DEPOSITION TESTIMONY OF INDEPENDENT ACCOUNTANTS LESHKOWITZ & CO- EXCERPT, #8 Exhibit 31 A. e-smart.engagementletter.0825.08, #9 Exhibit 31B. ivi-engagementletter.0827.08)(GRACE, MARY)
March 13, 2015 Filing 629 LARGE ADDITIONAL ATTACHMENT(S) Motion for Reconsideration and Memorandum in Support Exhibits by MARY A. GRACE #621 MOTION for Reconsideration re #599 Order on Motion for Summary Judgment, filed by MARY A. GRACE. (Attachments: #1 Exhibit Exhibit 8 - DEFENDANTS EXPERTS REPORT OF EXPERTS TAMIO SAITO, TERUHIKO TAMORI, MARCELLO SOLIVEN & LEE KAWN HYUNG - JUNE 6, 2014, #2 Exhibit Exhbit 10.Plaintiff's EXPERT REPORT, #3 Exhibit Exhibit 10 A - Notice of IDTP Expert Witness Michael McCabe 2014-06-06 [SERVED] NOTICE OF EXPERT WI, #4 Exhibit Exhibit 10B. IDTP Exhibits - -2014-06-06 MATERIALS RELIED UPON FOR EXPERT REPORT, #5 Exhibit Exhibit 13, #6 Exhibit Exhibit 14, #7 Exhibit Exhibit 15, #8 Exhibit Exhibit 16 Deposition of Auditor Stewart Hung, #9 Exhibit 19, #10 EXHIBIT 21 Components)(GRACE, MARY)
March 13, 2015 Filing 628 LARGE ADDITIONAL ATTACHMENT(S) Motion for Reconsideration and Memorandum in Support Exhibits by MARY A. GRACE #621 MOTION for Reconsideration re #599 Order on Motion for Summary Judgment, filed by MARY A. GRACE. (Attachments: #1 Exhibit 4 Due Diligence Report, #2 Exhibit 5.) Deposition of IDTP Gerald Smith 0731e-Smart-Smith, #3 EXHIBIT 5A DEPOSITION OF IDTP GERALD SMITH VIDEO (VIDEO SENT ON DISC TO CLERK OF COURT)., #4 Exhibit 6. Deposition of IDTP Thomas _Grenier, #5 EXHIBIT 6A. DEPOSITION OF THOMAS GREINER - VIDEO. (VIDEO SENT TO CLERK OF COURT)., #6 Exhibit 7. Deposition of IDTP Michal McCabe, #7 EXHIBIT 7A. DEPOSITION OF MICHAEL MCCABE VIDEO [SENT ON DISC TO CLERK OF COURT]( VIDEO SENT ON DISC TO CLERK OF COURT))(GRACE, MARY)
March 13, 2015 Filing 627 LARGE ADDITIONAL ATTACHMENT(S) Motion for Reconsideration and Memorandum Exhibits by MARY A. GRACE #621 MOTION for Reconsideration re #599 Order on Motion for Summary Judgment, filed by MARY A. GRACE. (Attachments: #1 Exhibit Exhibit 3-1.) IDTP Invoice1401-103 - November and December 2013, #2 Exhibit Exhibit 3-2.)IDTP Invoice 1402-104- January 2014., #3 Exhibit Exhibit 3-3.) IDTP Invoice1403-105 - February 2014, #4 Exhibit Exhibit 3-4.) IDTP Invoice 1404-105- March 2014, #5 Exhibit Exhibit 3-5.) IDTP Invoice1405-104 -- April 2014., #6 Exhibit Exhibit 3-6.) IDTP Invoice 1406-103--May 2014, #7 Exhibit Exhibit 3-7.) IDTP Invoice1407-106 -- June 2014, #8 Exhibit Exhibit 3-8.) IDTP Invoice 1408-104 - July 2014, #9 Exhibit Exhibit 3-9. IDTP Invoice) 1409-102 - August 2014, #10 Exhibit Exhibit 3A.. Altered and erased IDTP Invoice 1402-104- January 2014.)(GRACE, MARY)
March 13, 2015 Filing 626 LARGE ADDITIONAL ATTACHMENT(S) Exhibits to Motion for Reconsideration and Memorandum in Support by MARY A. GRACE #621 MOTION for Reconsideration re #599 Order on Motion for Summary Judgment, filed by MARY A. GRACE. (Attachments: #1 Exhibit Exhibit 1. Exponent Expert Report., #2 Exhibit EXHIBIT 1A.) EXPONENT MCGORAN DEPOSITION EXCERPTS.pdf, #3 Exhibit Exhibit 1B Deposition of Exponent Brad McGoran April -9- 2014, #4 Declaration Exhibit 2 Declaration of Dr. Behnam Bavarian PhD.pdf, #5 Exhibit Exhibit 2A. Bio Dr. Behnam Bavarian - Expert, #6 Exhibit Exhibit 2B. Deposition of Dr. Behnam Bavarian, #7 Exhibit Exhibit 2C. Dr. Bavarian - Experts of Deposition Testimony.)(GRACE, MARY)
March 13, 2015 Filing 625 LARGE ADDITIONAL ATTACHMENT(S) PRO SE DEFENDANTS STATEMENT OF UNDISPUTED MATERIAL FACTS FILED by MARY A. GRACE #621 MOTION for Reconsideration re #599 Order on Motion for Summary Judgment, filed by MARY A. GRACE. (Attachments: #1 Statement of Facts 6. DKT 410-1 - (Cross Motion SOF 1-12 UNDISPUTED), #2 Statement of Facts 7. DKT. 410-2. (CROSS MOTION -SOF 13- 50 - UNDISPUTED, #3 Statement of Facts 7. DKT. 410-2. (CROSS MOTION -SOF 13- 50 - UNDISPUTED, #4 Statement of Facts 9. DKT. 412-4. (CROSS MOTION SOF 64 -81 UNDISPUTED), #5 Statement of Facts 10.DKT. 416-1 (CROSS MOTION NO.90-114 - UNDISPUTED)(GRACE, MARY)
March 13, 2015 Filing 624 LARGE ADDITIONAL ATTACHMENT(S) STATEMENT OF FACTS - DISPUTING PLAINTIFF'S STATEMENT OF FACTS by MARY A. GRACE #621 MOTION for Reconsideration re #599 Order on Motion for Summary Judgment, filed by MARY A. GRACE. (Attachments: #1 Statement of Facts 1. SOF Dkt. 435-1 SOF 1-36 -OP. DISPUTED., #2 Statement of Facts 2. DKT. 452-1 SOF 22-47 OP. DISPUTED., #3 Statement of Facts 3. DKT. 458-1 SOF 48 -2007 10K OP. DISPUTED.pdf, #4 Statement of Facts 4. Dkt. 464-2 SOF -No 50 - 71.- 4A PT 1- OP DISPUTED, #5 Statement of Facts 5. Dkt. 464-3 -SOF No.71-80. SOF 4A PT. 2 OP DISPUTED.)(GRACE, MARY)
March 13, 2015 Filing 623 LARGE ADDITIONAL ATTACHMENT(S) 1 of 10 - filed separately because the EFC at this time is only accepting one at a time by MARY A. GRACE #621 MOTION for Reconsideration re #599 Order on Motion for Summary Judgment, filed by MARY A. GRACE. (GRACE, MARY)
March 13, 2015 Filing 622 ERRATA by MARY A. GRACE #621 MOTION for Reconsideration re #599 Order on Motion for Summary Judgment, filed by MARY A. GRACE. (Attachments: #1 Errata Eratta for Motion for Reconsideration (Dkt. 621))(GRACE, MARY)
March 12, 2015 Filing 621 MOTION for Reconsideration re #599 Order on Motion for Summary Judgment, by MARY A. GRACE (Attachments: #1 Declaration Declaration of Mary Grace as to Authenticity of Document, #2 Exhibit Exhibit Index, #3 Declaration _Declaration of Tamio Saito March 10, 2015, #4 Declaration Exhibit 41 Declaration of Dr Behnam Bavarian March 10 2015)(GRACE, MARY)
March 11, 2015 Filing 620 RESPONSE TAMIO SAITO'S PURPORTED ERRATA filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Guido, Kenneth)
March 9, 2015 Filing 619 Memorandum in opposition to re #601 MOTION for Leave to File MOTION TO STRIKE ALL OR PORTIONS OF PLAINTIFF'S EXPERT REPORT AND PLAINTIFFS MOTIONS FOR SUMMARY JUDGMENT AND TESTIMONY AND AFFIDAVITS WHICH ARE PROVEN BY NEWLY DISCOVERED EVIDENCE TO BE FALSE AND PROFFERED PERJURY filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Guido, Kenneth)
March 5, 2015 Filing 618 ERRATA NOTICE OF ERRATA REGARDING PRO SE DEFENDANTS MOTION TO STRIKE DKT. 601 - MEMORANDUM IN SUPPORT DKT. 602 - ERATTA - signatures omitted in error have been added as Eratta to the Memorandum attached by MARY A. GRACE #601 MOTION for Leave to File MOTION TO STRIKE ALL OR PORTIONS OF PLAINTIFF'S EXPERT REPORT AND PLAINTIFFS MOTIONS FOR SUMMARY JUDGMENT AND TESTIMONY AND AFFIDAVITS WHICH ARE PROVEN BY NEWLY DISCOVERED EVIDENCE TO BE FALSE AND PROFFERED PERJURY1 Memorandum in Support Memorandum in Support - with signatures which were omitted in error - added)(GRACE, MARY)
March 1, 2015 Filing 617 AFFIDAVIT re #613 Errata,,, AFFIDAVIT FOR DECLARATIONS OF AUTHENTICITY FOR DKT. 613 -ERATTA FOR MOTION TO STRIKE ALL OR PORTIONS OF PLAINTIFF'S EXPERT REPORT AND PLAINTIFFS MOTIONS FOR SUMMARY JUDGMENT AND TESTIMONY AND AFFIDAVITS WHICH ARE PROVEN BY NEWLY DISCOVERED EVIDENCE TO BE FALSE AND PROFFERED PERJURY (Dkt 601 by MARY A. GRACE. (Attachments: #1 Affidavit Affidavit for Declarations of Authenticity for Dkt. 613 pro se Defendant's Eratta filing of February 23, 2015, #2 Declaration Declaration of Tamio Saito as to Authenticity of Documents, #3 Declaration Declaration of Mary Grace as to Authenticity of Documents)(GRACE, MARY)
March 1, 2015 Filing 616 ERRATA Large attachment to NOTICE OF ERRATA REGARDING TAMIO SAITO PRO SE DEFENDANTS MOTION FOR SUMMARY JUDGMENT 09-9-2014 - attachment was too large to be filed with the previous documents by TAMIO SAITO #497 MOTION for Summary Judgment Amended 2 - pro se DEFENDANT TAMIO SAITO MOTION FOR SUMMARY JUDGMENT AGAINST PLAINTIFF AND OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AGAINST TAMIO SAITO filed by TAMIO SAITO. (Attachments: #1 Exhibit ATTACHMENT D - EXHIBIT A (PART 1) w. Eratta Correction-Addition -DEFENDANT'S STATEMENT OF UNDISPUTED MATERIAL FACTS - EXHIBIT A - part 1 (too large to file with the other documents filed))(GRACE, MARY)
March 1, 2015 Filing 615 ERRATA NOTICE OF ERRATA REGARDING TAMIO SAITO PRO SE DEFENDANTS MOTION FOR SUMMARY JUDGMENT 09-9-2014 by TAMIO SAITO #497 MOTION for Summary Judgment Amended 2 - pro se DEFENDANT TAMIO SAITO MOTION FOR SUMMARY JUDGMENT AGAINST PLAINTIFF AND OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AGAINST TAMIO SAITO filed by TAMIO SAITO. (Attachments: #1 Declaration of Authenticity, #2 Attachment A-1. Motion Dkt. 496 -Main pg. 12., #3 Attachment A-2 Motion Dkt. 496 -Main pg. 13, #4 Attachment B Dkt. 496 with Eratta pro se Defendant Tamio Saito Motion for Summary Judgment Against Plaintiff & Opposition to Plaintiff's Motion for Summary Judgment, #5 Attachment C-1 Statement of Facts pg.1 Exhibit A (part 1) Dkt. 496-1, #6 Attachment C-2 Statement of Facts pg. 2 Exhibit A (part 1) Dkt. 496-1.)(GRACE, MARY)
February 23, 2015 Filing 614 ERRATA INADVERTANT OMMISSIONS OF NOTICES OF DOCUMENTS SENT TO THE CLERK COURT ON DISC by MARY A. GRACE #601 MOTION for Leave to File MOTION TO STRIKE ALL OR PORTIONS OF PLAINTIFF'S EXPERT REPORT AND PLAINTIFFS MOTIONS FOR SUMMARY JUDGMENT AND TESTIMONY AND AFFIDAVITS WHICH ARE PROVEN BY NEWLY DISCOVERED EVIDENCE TO BE FALSE AND PROFFERED PERJURY1 Errata Exhibit 9 (SENT ON DISC TO CLERK OF THE COURT, #2 Errata EXHIBIT 13. SENT ON DISC TO CLERK OF THE COURT, #3 Errata EXHIBIT 14 [SENT ON DISC TO CLERK OF COURT], #4 Errata EXHIBIT 15 (SENT ON DISC TO CLERK OF THE COURT, #5 Errata EXHIBIT 16. (SENT ON DISC TO CLERK OF THE COURT, #6 Errata Exhibit 19C-3. (SENT ON DISC TO CLERK OF THE COURT, #7 Errata EXHIBIT 23B. (SENT ON DISC TO CLERK OF THE COURT, #8 Errata EXHIBIT 24A. (SENT ON DISC TO CLERK OF THE COURT, #9 Errata EXHIBIT 25A.(SENT ON DISC TO CLERK OF THE COURT, #10 Errata EXHIBIT 28. (SENT ON DISC TO CLERK OF THE COURT, #11 Errata EXHIBIT 30. (SENT ON DISC TO CLERK OF THE COURT, #12 Errata EXHIBIT 30. (SENT ON DISC TO CLERK OF THE COURT, #13 Errata EXHIBIT 37 (SENT ON DISC TO CLERK OF THE COURT, #14 Errata EXHIBIT 38. (SENT ON DISC TO CLERK OF THE COURT, #15 Errata EXHIBIT 40 (SENT ON DISC TO CLERK OF THE COURT)(GRACE, MARY)
February 23, 2015 Filing 613 ERRATA CORRECTIONS AND ADDITIONS OF OMISSIONS TO PRO SE DEFENDANT'S MOTION AND MEMORANDUM IN SUPPORT OF MOTION TO STRIKE ALL OR PORTIONS OF PLAINTIFF'S EXPERT REPORT AND PLAINTIFFS MOTIONS FOR SUMMARY JUDGMENT ANDTESTIMONY AND AFFIDAVITS WHICH ARE PROVEN BY NEWLY DISCOVERED EVIDENCE TO BE FALSE AND PROFFERED PERJURY by MARY A. GRACE #601 MOTION for Leave to File MOTION TO STRIKE ALL OR PORTIONS OF PLAINTIFF'S EXPERT REPORT AND PLAINTIFFS MOTIONS FOR SUMMARY JUDGMENT AND TESTIMONY AND AFFIDAVITS WHICH ARE PROVEN BY NEWLY DISCOVERED EVIDENCE TO BE FALSE AND PROFFERED PERJURY1 Supplement MOTION TO STRIKE WITH ERATTA ADDITIONS AND-OR CORRECTIONS, #2 Supplement MEMORANDUM IN SUPPORT OF E-SMART PRO SE DEFENDANT'S MOTION TO STRIKE WITH ERATTA ADDITIONS AND CORRECTIONS, #3 Supplement AMENDED EXHIBIT INDEX WITH ERATTA ADDITIONS OR CORRECTIONS)(GRACE, MARY)
February 19, 2015 Filing 612 ERRATA MOTION TO STRIKE ALL OR PORTIONS OF PLAINTIFF'S EXPERT REPORT AND PLAINTIFFS MOTIONS FOR SUMMARY JUDGMENT AND TESTIMONY AND DECLARATIONS WHICH ARE PROVEN BY NEWLY DISCOVERED EVIDENCE TO BE FALSE AND PROFFERED PERJURY INTRODUCTION by MARY A. GRACE #571 MOTION to Strike #562 Memorandum in Opposition,, *Pro s Defendant Tamio Saito's Motion to Strike Plaintiff's Opposition to Pro Se Defendant Tamio Saito's Motion to Strike & Exclude Plaintiff's Experts and Expert Report No MOTION to Strike #562 Memorandum in Opposition,, *Pro s Defendant Tamio Saito's Motion to Strike Plaintiff's Opposition to Pro Se Defendant Tamio Saito's Motion to Strike & Exclude Plaintiff's Experts and Expert Report No MOTION to Strike #562 Memorandum in Opposition,, *Pro s Defendant Tamio Saito's Motion to Strike Plaintiff's Opposition to Pro Se Defendant Tamio Saito's Motion to Strike & Exclude Plaintiff's Experts and Expert Report No filed by TAMIO SAITO. (Attachments: #1 Exhibit Amended Exhibit Index, #2 Exhibit Exhibit 19D. TRANSCRIPT OF INVOLUNTARY BANKRUPTCY (sent to Clerk of Court)(GRACE, MARY)
February 19, 2015 Filing 611 LARGE ADDITIONAL ATTACHMENT(S) MOTION TO STRIKE ALL OR PORTIONS OF PLAINTIFF'S EXPERT REPORT AND PLAINTIFFS MOTIONS FOR SUMMARY JUDGMENT AND TESTIMONY AND DECLARATIONS WHICH ARE PROVEN BY NEWLY DISCOVERED EVIDENCE TO BE FALSE AND PROFFERED PERJURY by MARY A. GRACE #601 MOTION for Leave to File MOTION TO STRIKE ALL OR PORTIONS OF PLAINTIFF'S EXPERT REPORT AND PLAINTIFFS MOTIONS FOR SUMMARY JUDGMENT AND TESTIMONY AND AFFIDAVITS WHICH ARE PROVEN BY NEWLY DISCOVERED EVIDENCE TO BE FALSE AND PROFFERED PERJURY1 Exhibit Exhibit 11A. ID Technology Partners, #2 Exhibit EXHIBIT 11B Gerry Smith Subpoena, #3 Exhibit Exhibit 11C.. Thomas Grenier Subpoena.pdf, #4 Exhibit EXHIBIT 11D. Michael McCabe Subpoena.pdf, #5 Errata Exhibit 8. DEFENDANTS EXPERTS REPORT (SENT ON DISC TO CLERK OF THE COURT], #6 Exhibit Exhibit 10. PLAINTIFFS EXPERT REPORT, #7 Exhibit Exhibit 10. PLAINTIFFS EXPERT REPORT, #8 Exhibit Exhibit 19E. WASHINGTON TIMES INSIGHT MAGAZINE COVER STORY)(GRACE, MARY)
February 19, 2015 Filing 610 LARGE ADDITIONAL ATTACHMENT(S) MOTION TO STRIKE ALL OR PORTIONS OF PLAINTIFF'S EXPERT REPORT AND PLAINTIFFS MOTIONS FOR SUMMARY JUDGMENT AND TESTIMONY AND DECLARATIONS WHICH ARE PROVEN BY NEWLY DISCOVERED EVIDENCE TO BE FALSE AND PROFFERED PERJURY by MARY A. GRACE #601 MOTION for Leave to File MOTION TO STRIKE ALL OR PORTIONS OF PLAINTIFF'S EXPERT REPORT AND PLAINTIFFS MOTIONS FOR SUMMARY JUDGMENT AND TESTIMONY AND AFFIDAVITS WHICH ARE PROVEN BY NEWLY DISCOVERED EVIDENCE TO BE FALSE AND PROFFERED PERJURY1 Exhibit EXHIBIT 5A DEPOSITION OF IDTP GERALD SMITH VIDEO (VIDEO SENT ON DISC TO CLERK OF COURT, #2 Exhibit EXHIBIT 6A. DEPOSITION OF THOMAS GREINER - VIDEO. (VIDEO SENT TO CLERK OF COURT, #3 Exhibit EXHIBIT 7A. DEPOSITION OF MICHAEL MCCABE VIDEO [SENT ON DISC TO CLERK OF COURT]( VIDEO SENT ON DISC TO CLERK OF COURT, #4 Exhibit EXHIBIT 12 AUDIO TAPE.)(GRACE, MARY)
February 18, 2015 Filing 609 LARGE ADDITIONAL ATTACHMENT(S) MOTION TO STRIKE ALL OR PORTIONS OF PLAINTIFF'S EXPERT REPORT AND PLAINTIFFS MOTIONS FOR SUMMARY JUDGMENT AND TESTIMONY AND DECLARATIONS WHICH ARE PROVEN BY NEWLY DISCOVERED EVIDENCE TO BE FALSE AND PROFFERED PERJURY by MARY A. GRACE #601 MOTION for Leave to File MOTION TO STRIKE ALL OR PORTIONS OF PLAINTIFF'S EXPERT REPORT AND PLAINTIFFS MOTIONS FOR SUMMARY JUDGMENT AND TESTIMONY AND AFFIDAVITS WHICH ARE PROVEN BY NEWLY DISCOVERED EVIDENCE TO BE FALSE AND PROFFERED PERJURY1 Exhibit 24 Deposition of Ananth Krishnan, #2 Exhibit 25 Depositon of Marcello Soliven - 1, #3 Exhibit 25 Depositon of Marcello Soliven - 2, #4 Exhibit 1C. Skadden Expert Testing of Smart Card, #5 Exhibit 19B-1 Declaration of Maranda Frit, #6 EXHIBIT 19B-1 SO CA. CASE TO TRY TO DISA, #7 Exhibit 19C.Summary of Hearing Inv. Bank, #8 Exhibit 19C. Order IVI INVOLUNTARY ORDER WITHDRAWN WITH PREJUDICE AND GOOD CAUSE BY PLAINTIFFS.pdf, #9 Exhibit 19D.Order Dismissing Intermarket Involuntary Bankruptcy With Prejudic)(GRACE, MARY)
February 18, 2015 Filing 608 LARGE ADDITIONAL ATTACHMENT(S) MOTION TO STRIKE ALL OR PORTIONS OF PLAINTIFF'S EXPERT REPORT AND PLAINTIFFS MOTIONS FOR SUMMARY JUDGMENT AND TESTIMONY AND DECLARATIONS WHICH ARE PROVEN BY NEWLY DISCOVERED EVIDENCE TO BE FALSE AND PROFFERED PERJURY by MARY A. GRACE #601 MOTION for Leave to File MOTION TO STRIKE ALL OR PORTIONS OF PLAINTIFF'S EXPERT REPORT AND PLAINTIFFS MOTIONS FOR SUMMARY JUDGMENT AND TESTIMONY AND AFFIDAVITS WHICH ARE PROVEN BY NEWLY DISCOVERED EVIDENCE TO BE FALSE AND PROFFERED PERJURY1 Exhibit Exhibit 39 e-Smart -Samsung AccessCard Pilot Target Sepcs for testing Pg. 1, #2 Exhibit Exhibit 39 e-Smart -Samsung AccessCard Pilot Target Sepcs for testing Pg. 2.p, #3 Exhibit Exhibit 39 e-Smart -Samsung AccessCard Pilot Target Sepcs for testing Pg. Pg.3, #4 Exhibit Exhibit 39A. SAMSUNGS1 E-SMART CARD, #5 Exhibit Exhibit 39B -Samsung Purchase Order for Pilot Test Cards @ 26 Notarial Certificate_Order Sheet_S1(080902, #6 Exhibit Exhibit 39C Exhibit Samsung Purchase Order for Pilot Test Cards @33 Notarial Certificate_Order Sheet_S1, #7 Exhibit EXHIBIT 39D. Samsung S-1 Delivery Receipt Notarial Certificate_Delivery receipt_Samsung S1)(GRACE, MARY)
February 18, 2015 Filing 607 LARGE ADDITIONAL ATTACHMENT(S) MOTION TO STRIKE ALL OR PORTIONS OF PLAINTIFF'S EXPERT REPORT AND PLAINTIFFS MOTIONS FOR SUMMARY JUDGMENT AND TESTIMONY AND DECLARATIONS WHICH ARE PROVEN BY NEWLY DISCOVERED EVIDENCE TO BE FALSE AND PROFFERED PERJURY by MARY A. GRACE #601 MOTION for Leave to File MOTION TO STRIKE ALL OR PORTIONS OF PLAINTIFF'S EXPERT REPORT AND PLAINTIFFS MOTIONS FOR SUMMARY JUDGMENT AND TESTIMONY AND AFFIDAVITS WHICH ARE PROVEN BY NEWLY DISCOVERED EVIDENCE TO BE FALSE AND PROFFERED PERJURY1 exhibit 1A. EXCERPTS TESTIMONY FROM SEC DEPOSITION OF EXPONENT EXPERT MCGORAN APRIL 9, 2014, #2 Exhibit 1B Deposition of Exponent Brad McGoran April -9- 2014, #3 Exhibit 2B. Deposition of Dr. Behnam Bavarian., #4 Exhibit 2C. Dr. Bavarian - Experts of Deposition Testimony., #5 Exhibit 4 Due Diligence Report, #6 Exhibit 26A. Declaration of Marcello Soliven Oct. 31, 2013, #7 Exhibit 27A. Deposition of Tamio Saito, #8 Exhibit 27B.Declaration of Tamio Saito Oct. 31,2013, #9 Exhibit 32 SENSORS Pg. 1., #10 Exhibit 32 - SENSORS - P. 2.pdf, #11 Exhibit 32 SENSORS - Pg. 3.pdf)(GRACE, MARY)
February 18, 2015 Filing 606 LARGE ADDITIONAL ATTACHMENT(S) MOTION TO STRIKE ALL OR PORTIONS OF PLAINTIFF'S EXPERT REPORT AND PLAINTIFFS MOTIONS FOR SUMMARY JUDGMENT AND TESTIMONY AND DECLARATIONS WHICH ARE PROVEN BY NEWLY DISCOVERED EVIDENCE TO BE FALSE by MARY A. GRACE #601 MOTION for Leave to File MOTION TO STRIKE ALL OR PORTIONS OF PLAINTIFF'S EXPERT REPORT AND PLAINTIFFS MOTIONS FOR SUMMARY JUDGMENT AND TESTIMONY AND AFFIDAVITS WHICH ARE PROVEN BY NEWLY DISCOVERED EVIDENCE TO BE FALSE AND PROFFERED PERJURY1 Exhibit Exhibit 8 - DEFENDANTS EXPERTS REPORT OF EXPERTS TAMIO SAITO, TERUHIKO TAMORI, MARCELLO SOLIVEN & LEE KAWN HYUNG - JUNE 6, 2014, #2 Exhibit Exhbit 10.Plaintiff's Expert Report 2014-06-06 SERVED EXPERT REPORT, #3 Exhibit Exhibit 10 A - Notice of IDTP Expert Witness Michael McCabe 2014-06-06, #4 Exhibit Exhibit 10B. IDTP Exhibits - -2014-06-06, #5 Exhibit Exhibit 22 Attachment H., #6 Exhibit EXHIBIT 33 e-Smart Korea Business Plan-, #7 Exhibit Exhibit 34A DEMO By -Smart Engineers, #8 Exhibit Exhibit 34B. SEC SAMSUNGS1 CARD B, #9 Exhibit Exhibit 34C. Samsung_S1 e-Smart Super Smart Card, #10 Exhibit EXHIBIT 35 Sejong City - Korea - Press Release & Info on eSmart I AM Card in Sejong City__Welcome)(GRACE, MARY)
February 18, 2015 Filing 605 LARGE ADDITIONAL ATTACHMENT(S) MOTION TO STRIKE ALL OR PORTIONS OF PLAINTIFF'S EXPERT REPORT AND PLAINTIFFS MOTIONS FOR SUMMARY JUDGMENT AND TESTIMONY AND DECLARATIONS WHICH ARE PROVEN BY NEWLY DISCOVERED EVIDENCE TO BE FALSE AND PROFFERED PERJURY by MARY A. GRACE #601 MOTION for Leave to File MOTION TO STRIKE ALL OR PORTIONS OF PLAINTIFF'S EXPERT REPORT AND PLAINTIFFS MOTIONS FOR SUMMARY JUDGMENT AND TESTIMONY AND AFFIDAVITS WHICH ARE PROVEN BY NEWLY DISCOVERED EVIDENCE TO BE FALSE AND PROFFERED PERJURY1 Declaration Exhibit 2 Declaration of Dr. Benham Bavarian PhD., #2 Exhibit Exhibit 2A. Bio Dr. Behnam Bavarian - Expert, #3 Declaration Exhibi1 36-1 pg. 1 ACE KIM, #4 Declaration Exhibit 36-1 Pg, 2ACE KIM, #5 Declaration Exhibit 36-1 pg 3 ACE KIM, #6 Declaration Exhibit 36-2 Declaration of Steve Kim, #7 Declaration Exhibit 36-3 DOGLAS CHEON, #8 Declaration Exhibit 36-5 NICE_KIM, #9 Declaration Exhibit 26 MARCELLO SOLIVEN DCL, #10 Exhibit Exhibit 22 Attachment H, #11 Exhibit EXHIBIT 35 Sejong City - Korea - Press Release & Info on eSmart I AM Card in Sejong City)(GRACE, MARY)
February 18, 2015 Filing 604 LARGE ADDITIONAL ATTACHMENT(S) MOTION TO STRIKE ALL OR PORTIONS OF PLAINTIFF'S EXPERT REPORT AND PLAINTIFFS MOTIONS FOR SUMMARY JUDGMENT AND TESTIMONY AND DECLARATIONS WHICH ARE PROVEN BY NEWLY DISCOVERED EVIDENCE TO BE FALSE AND PROFFERED PERJURY by MARY A. GRACE #601 MOTION for Leave to File MOTION TO STRIKE ALL OR PORTIONS OF PLAINTIFF'S EXPERT REPORT AND PLAINTIFFS MOTIONS FOR SUMMARY JUDGMENT AND TESTIMONY AND AFFIDAVITS WHICH ARE PROVEN BY NEWLY DISCOVERED EVIDENCE TO BE FALSE AND PROFFERED PERJURY1 Declaration Exhibit 2 Declaration of Dr. Benham Bavarian PhD., #2 Exhibit Exhibit 2A. Bio Dr. Behnam Bavarian - Expert, #3 Exhibit Exhibit 22 Attachment H., #4 Declaration Exhibit 26 Marcello Soliven Declaration, #5 Exhibit EXHIBIT 35 Sejong City - Korea - Press Release & Info on eSmart I AM Card in Sejong City, #6 Exhibit 36-2 Declaration of Steve Kim s, #7 Exhibit 36-3 DOGLAS CHEON Declaration of Douglas Cheo, #8 Exhibit 36-5 NICE_KIM - 20140604.pdf, #9 Exhibi1 36-1 pg. 1 ACE KIM, #10 Exhibit 36-1 Pg, 2ACE KIM, #11 Exhibit 36-1 pg 3 ACE KIM)(GRACE, MARY)
February 18, 2015 Filing 603 LARGE ADDITIONAL ATTACHMENT(S) MOTION TO STRIKE ALL OR PORTIONS OF PLAINTIFF'S EXPERT REPORT AND PLAINTIFFS MOTIONS FOR SUMMARY JUDGMENT AND TESTIMONY AND DECLARATIONS WHICH ARE PROVEN BY NEWLY DISCOVERED EVIDENCE TO BE FALSE AND PROFFERED PERJURY by MARY A. GRACE #601 MOTION for Leave to File MOTION TO STRIKE ALL OR PORTIONS OF PLAINTIFF'S EXPERT REPORT AND PLAINTIFFS MOTIONS FOR SUMMARY JUDGMENT AND TESTIMONY AND AFFIDAVITS WHICH ARE PROVEN BY NEWLY DISCOVERED EVIDENCE TO BE FALSE AND PROFFERED PERJURY1 Exhibit Exhibit 1 Exponent Expert Repor, #2 Exhibit Exhibit 5 Deposition IDTP Smith, #3 Errata Exhibit 6 Deposition IDTP Grenier, #4 Exhibit Exhibit 6 Deposition IDTP Grenier)(GRACE, MARY)
February 18, 2015 Filing 602 LARGE ADDITIONAL ATTACHMENT(S) MEMORANDUM IN SUPPORT OF MOTION TO STRIKE ALL OR PORTIONS OF PLAINTIFF'S EXPERT REPORT AND PLAINTIFFS MOTIONS FOR SUMMARY JUDGMENT AND TESTIMONY AND DECLARATIONS WHICH ARE PROVEN BY NEWLY DISCOVERED EVIDENCE TO BE FALSE by MARY A. GRACE #601 MOTION for Leave to File MOTION TO STRIKE ALL OR PORTIONS OF PLAINTIFF'S EXPERT REPORT AND PLAINTIFFS MOTIONS FOR SUMMARY JUDGMENT AND TESTIMONY AND AFFIDAVITS WHICH ARE PROVEN BY NEWLY DISCOVERED EVIDENCE TO BE FALSE AND PROFFERED PERJURY1 Memorandum in Support Memorandum in Support of Motion for Continuance, #2 Exhibit Exhibit Index)(GRACE, MARY)
February 17, 2015 Filing 601 MOTION for Leave to File MOTION TO STRIKE ALL OR PORTIONS OF PLAINTIFF'S EXPERT REPORT AND PLAINTIFFS MOTIONS FOR SUMMARY JUDGMENT AND TESTIMONY AND AFFIDAVITS WHICH ARE PROVEN BY NEWLY DISCOVERED EVIDENCE TO BE FALSE AND PROFFERED PERJURY by MARY A. GRACE (Attachments: #1 Exhibit Exhibits To Motion, #2 Declaration Declaration of Authenticity, #3 Declaration Declaration of Authenticity, #4 Text of Proposed Order Text of Proposed OrderX, #5 Exhibit Exhibit 3A.. Altered and erased IDTP Invoice 1402-104- January 2014, #6 Exhibit Exhibit 3-1.) IDTP Invoice1401-103 - November and December 2013, #7 Exhibit Exhibit 3-2.)IDTP Invoice 1402-104- January 2014., #8 Exhibit Exhibit 3-4.) IDTP Invoice 1404-105- March 2014., #9 Exhibit Exhibit 3-5.) IDTP Invoice1405-104 -- April 2014, #10 Exhibit Exhibit 3-6.) IDTP Invoice 1406-103--May 2014., #11 Exhibit Exhibit 3-7.) IDTP Invoice1407-106 -- June 2014, #12 Exhibit Exhibit 3-8.) IDTP Invoice 1408-104 - July 2014, #13 Exhibit Exhibit 3-9. IDTP Invoice) 1409-102 - August 2014.)(GRACE, MARY)
February 12, 2015 Opinion or Order Filing 600 MEMORANDUM OPINION re #599 Order on Plaintiff's Second Motion for Summary Judgment against Defendant Grace. Signed by Judge James E. Boasberg on 02/12/15. (lcjeb3)
February 12, 2015 Opinion or Order Filing 599 ORDER: The Court ORDERS that: 1) Plaintiff's #386 Second Motion for Summary Judgment against Defendant Grace is GRANTED as to Counts V and VII, but DENIED as to Count VI; and 2) Judgment is ENTERED against Defendant Grace on Counts V and VII. Signed by Judge James E. Boasberg on 02/12/15. (lcjeb3)
February 5, 2015 Opinion or Order Filing 598 ORDER of USCA as to #470 Notice of Interlocutory Appeal filed by MARY A. GRACE. Upon consideration of the Clerk's order to show cause, on September 16, 2014, why this appeal should not be dismissed for lack of jurisdiction, the response thereto, and the motion for temporary relinquishment of jurisdiction, it is ordered that the motion be denied and the appeal be dismissed. USCA Case Number 14-5219. (erd)
January 29, 2015 Minute Entry for proceedings held before Judge James E. Boasberg: Motion Hearing held on 1/29/2015 re #386 Second MOTION for Summary Judgment. Mary Grace appeared via telephone. Order forthcoming. (Court Reporter Lisa Griffith) (ad)
January 27, 2015 Filing 597 MOTION for Reconsideration of Minute Order of January 26, 2015 denying Motion for Continuance by MARY A. GRACE (Attachments: #1 Declaration Declaration of Authenticity, #2 Text of Proposed Order ORDER [Proposed Text]., #3 Exhibit Exhibits, #4 Exhibit Exhibit 7 Expert Exponent Test and Evaluation Report on Defendant's Biometric Smart Card., #5 Exhibit Exhibit 8 Declaration of Dr. Ben, #6 Exhibit Exhibit 8-A Bio Dr. Benham Bavarian Phd. - Defendant's Expert Witness., #7 Exhibit Exhibit 10 - Washington Times - Insight Magazine, #8 Exhibit Exhibit 11 Depositio of IDTP Michael McCabe)(GRACE, MARY)
January 27, 2015 Opinion or Order MINUTE ORDER: The Court ORDERS that Defendant Grace's #597 Motion for Reconsideration is DENIED. Signed by Judge James E. Boasberg on 01/27/15. (lcjeb3)
January 26, 2015 Filing 596 LARGE ADDITIONAL ATTACHMENT(S) by MARY A. GRACE #593 MOTION to Continue EMERGENCY MOTION FOR CONTINUANCE OF HEARING AND FOR EXTENSION OF TIME TO CONDUCT ADDITIONAL DISCOVERY TO OBTAIN NEWLY DISCOVERED EVIDENCE WHICH HAS BEEN WITHHELD BY PLAINTIFF filed by MARY A. GRACE. (Attachments: #1 Exhibit INDEX (Corrected), #2 Exhibit ATTACHMENT M - EXPONENT EXPERT REPORT - SCIENTIFIC EXPERT TESTS & EVALUATION DONE IN THE USON E-SMART'S BIOMETRIC SMART CARD, #3 Exhibit ATTACHMENT J-2 - RESEARCH & DEVELOPMENT COSTS - 2007 10K - $15,150,309, #4 Exhibit ATTACHMENT J-3 - 2007 10K WITH RESEARCH & DEVELOPMENT COSTS IN AUDITED FINANCIALS)(GRACE, MARY)
January 26, 2015 Filing 595 ERRATA EMERGENCY MOTION FOR CONTINUANCE OF HEARING AND FOR EXTENSION OF TIME TO CONDUCT ADDITIONAL DISCOVERY TO OBTAIN NEWLY DISCOVERED EVIDENCE WHICH HAS BEEN WITHHELD BY PLAINTIFF.pdf by MARY A. GRACE #593 MOTION to Continue EMERGENCY MOTION FOR CONTINUANCE OF HEARING AND FOR EXTENSION OF TIME TO CONDUCT ADDITIONAL DISCOVERY TO OBTAIN NEWLY DISCOVERED EVIDENCE WHICH HAS BEEN WITHHELD BY PLAINTIFF filed by MARY A. GRACE. (Attachments: #1 Errata Notice of Eratta)(GRACE, MARY)
January 26, 2015 Filing 594 MOTION to Continue EMERGENCY MOTION FOR CONTINUANCE OF HEARING AND FOR EXTENSION OF TIME TO CONDUCT ADDITIONAL DISCOVERY TO OBTAIN NEWLY DISCOVERED EVIDENCE WHICH HAS BEEN WITHHELD BY PLAINTIFF.docx by MARY A. GRACE (Attachments: #1 Exhibit INDEX, #2 Exhibit ATTACHMENT A-1. ID Technology Partners Subpoena, #3 Exhibit ATTACHMENT A-3. Gerry Smith Subpoena, #4 Exhibit ATTACHMENT A-4. Thomas Grenier Subpoena., #5 Exhibit ATTACHMENT A-2. Michael McCabe Subpoena, #6 Exhibit ATTACHMENT C. MEET AND CONFER COMMUNICATIONS, #7 Exhibit ATTACHMENT D-1- iDTP Invoices - Nov. & Dec. 2013, #8 Exhibit ATTACHMENT D-2.)IDTP Invoice 1402-104- January 2014, #9 Exhibit ATTACHMENT D-3.) IDTP Invoice1403-105 - February 2014, #10 Exhibit ATTACHMENT D-4.) IDTP Invoice 1404-105- March 2014., #11 Exhibit ATTACHMENT D-5.) IDTP Invoice1405-104 -- April 2014, #12 Exhibit ATTACHMENT D-6.) IDTP Invoice 1406-103--May 2014, #13 Exhibit ATTACHMENT D-7.) IDTP Invoice1407-106 -- June 201, #14 Exhibit ATTACHMENT D-8.) IDTP Invoice 1408-104 - July 2014, #15 Exhibit ATTACHMENT D-9. IDTP Invoice) 1409-102 - August 2014, #16 Exhibit ATTACHMENT H-2.) e-Smart-Gerald Smith Deposition, #17 Exhibit ATTACHMENT H-3.) e-Smart-Thomas Grenier deposition, #18 Exhibit Exhibit 16. Altered and erased IDTP Invoice 1402-104- January 2014, #19 Exhibit PART II. -EXHBIT 33. PLAINTIFF'S COUNSEL INSTRUCTS WITNESS NOT TO ANSWER AT DEPOSITION)(GRACE, MARY)
January 26, 2015 Filing 593 MOTION to Continue EMERGENCY MOTION FOR CONTINUANCE OF HEARING AND FOR EXTENSION OF TIME TO CONDUCT ADDITIONAL DISCOVERY TO OBTAIN NEWLY DISCOVERED EVIDENCE WHICH HAS BEEN WITHHELD BY PLAINTIFF by MARY A. GRACE (Attachments: #1 Memorandum in Support Memorandum in Support of Motion for Continuance, #2 Affidavit Affidavit in Support of Motion for Continuance, #3 Declaration Declaration of Authenticity, #4 Text of Proposed Order Text of Proposed Order)(GRACE, MARY)
January 26, 2015 Opinion or Order MINUTE ORDER: The Court ORDERS that Defendant Grace's #593 #594 Motions to Continue are DENIED. As discovery is closed, there is no need to delay the hearing on this basis. Should Grace believe that travel to the hearing is inconvenient, furthermore, the Court will permit her to appear via telephone. Signed by Judge James E. Boasberg on 01/26/15. (lcjeb3)
January 22, 2015 Opinion or Order MINUTE ORDER: The Court ORDERS that a hearing on the SECs Second Motion for Summary Judgment against Defendant Grace shall take place on January 29, 2015, at 10:00 a.m. The parties should be prepared to address the following topics: (1) the effect on an issuers liability under Section 13(b)(2)(B) of admitting, in 10-K reports, material weaknesses in internal controls; (2) whether the depiction of the convertible-loan scheme in the 2007 10-K could establish a violation of Section 13(b)(2)(A); (3) whether external auditors may certify financial statements without qualification even when they have determined that there are material internal-control issues and/or problems with a companys books and records; (4) whether, in connection with the SECs Section 16(a) claim, the Court may treat as a concession the statements in the 2006 10-KSB and 2007 10-K that, to the best of the companys knowledge, none of its executive officers had filed the necessary reports; and (5) whether, in connection with the SECs Rule 13a-14 claim, the Court may consider the 2007 10-K in deciding if material weaknesses in internal controls existed for fiscal years 2005 and 2006. Signed by Judge James E. Boasberg on 01/22/15. (lcjeb3)
January 22, 2015 Set/Reset Hearing: A hearing on the SECs Second Motion for Summary Judgment against Defendant Grace is set for 1/29/2015, at 10:00 AM, in Courtroom 19 before Judge James E. Boasberg. (ad)
December 30, 2014 Opinion or Order Filing 592 ORDER that Defendant's #590 Notice of Appeal does not divest this Court of jurisdiction. Signed by Judge James E. Boasberg on 12/30/14. (lcjeb3)
December 30, 2014 USCA Case Number 14-5328 for #590 Notice of Appeal to DC Circuit Court, filed by MARY A. GRACE. (rd)
December 23, 2014 Filing 591 Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date 12/22/14 re #590 Notice of Appeal to DC Circuit Court,. (td, )
December 22, 2014 Filing 590 NOTICE OF APPEAL TO DC CIRCUIT COURT as to #586 Order on Motion for Summary Judgment, by MARY A. GRACE. Filing fee $ 505, receipt number 0090-3944340. Fee Status: Fee Paid. Parties have been notified. (Attachments: #1 Declaration Declaration of Mary Grace)(GRACE, MARY)
December 17, 2014 Filing 589 NOTICE of Change of Address by TAMIO SAITO (GRACE, MARY)
December 11, 2014 Minute Entry for proceedings held before Judge James E. Boasberg: Telephone Conference held on 12/11/2014. Japanese Interpreter: Kaori Marshall. (Court Reporter Lisa Griffith) (kt)
December 1, 2014 Opinion or Order MINUTE ORDER: The Court ORDERS that Defendant Saito's #571 Motion to Strike is DENIED. Plaintiff's #562 Opposition was timely filed, as Fed. R. Civ. P. 6 makes clear. Signed by Judge James E. Boasberg on 12/1/14. (lcjeb2)
November 21, 2014 Filing 588 Memorandum in opposition to re #570 MOTION to Strike #562 Memorandum in Opposition,, Pro s Defendant Tamio Saito's Motion to Strike Plaintiff's Opposition to Pro Se Defendant Tamio Saito's Motion to Strike & Exclude Plaintiff's Experts and Expert Report. filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Guido, Kenneth)
November 21, 2014 Opinion or Order Filing 587 Memorandum Opinion re #586 Order on Plaintiff's Motion for Summary Judgment against Defendant Grace on Counts I and II. Signed by Judge James E. Boasberg on 11/21/14. (lcjeb3)
November 21, 2014 Opinion or Order Filing 586 ORDER: The Court ORDERS that: 1) Plaintiff's #324 Motion for Summary Judgment against Defendant Grace on Counts I and II is GRANTED; and 2) Judgment is ENTERED against Defendant Grace on Counts I and II. Signed by Judge James E. Boasberg on 11/21/14. (lcjeb3)
November 21, 2014 Filing 585 ERRATA NOTICE OF ERRATA REGARDING PRO SE DEFENDANT TAMIO SAITO'S REPLY TO PLAINTIFF'S OPPOSITION TO PRO SE DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AGAINST PLAINTIFF'S AND PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT. by TAMIO SAITO #547 Reply to opposition to Motion,,, filed by TAMIO SAITO. (Attachments: #1 Errata CORRECTED Pro Se Defendant's Reply to Plaintiff's Opposition to Pro Se Defendant's Motion for Summary Judgment and Plaintiff's Reply to pro se defendant's Opposition to Plaintiff's Motion for Summary Judgment)(GRACE, MARY)
November 21, 2014 Filing 584 LARGE ADDITIONAL ATTACHMENT(S) _PRO SE DEFENDANT TAMIO SAITO S OPPOSITION TO PLAINTIFF S MOTION TO STRIKE TAMIO SAITO S REPLY TO PLAINTIFF MOTION TO STRIKE REPLY TO TAMIO SAITO'S OPPOSITION & REPLY by TAMIO SAITO #574 Response to motion,, filed by TAMIO SAITO. (Attachments: #1 Statement of Facts **Exhibit 1 Attachment A (With Responses) Pro Se Defendants Detailed Response to Plaintiff's Responses to Defendants SOF, #2 Exhibit Exhibit 13 Excerpts from the Wells Submission of Defendant's Counsel in 2005-2006 Defennding the 10K She Wrote and Approved, #3 Exhibit EXHIBIT 14 A (SENT TO THE CLERK OF THE COURT -AVI FILE, #4 Exhibit Exhibit 14B.) Insight-)(GRACE, MARY)
November 20, 2014 Filing 583 LARGE ADDITIONAL ATTACHMENT(S) _PRO SE DEFENDANT TAMIO SAITO S OPPOSITION TO PLAINTIFF S MOTION TO STRIKE TAMIO SAITO S REPLY TO PLAINTIFF MOTION TO STRIKE REPLY TO TAMIO SAITO'S OPPOSITION & REPLY by TAMIO SAITO #574 Response to motion,, filed by TAMIO SAITO. (Attachments: #1 Exhibit EXHIBIT 7A -1.) R Barrett e-mail with Short Term Sales Plan., #2 Exhibit EXHIBIT 9. Bio of Tamio Saito.pdf, #3 Exhibit EXHIBIT 9B. Bio of Expert Marcello Soliven, #4 Exhibit EXHIBIT 10. Critical Historical Inventions Predicted Not to Work, #5 Declaration EXHIBIT 11 Declaration of Expert Marcello Soliven re Defendant's Wireless Cards, #6 Exhibit XHIBIT 12.) Sejong City - Korea - Press Release & Info on eSmart I AM Card in Sejong Cit)(GRACE, MARY)
November 20, 2014 Filing 582 LARGE ADDITIONAL ATTACHMENT(S) _PRO SE DEFENDANT TAMIO SAITO S OPPOSITION TO PLAINTIFF S MOTION TO STRIKE TAMIO SAITO S REPLY TO PLAINTIFF MOTION TO STRIKE REPLY TO TAMIO SAITO'S OPPOSITION & REPLY by TAMIO SAITO #574 Response to motion,, filed by TAMIO SAITO. (Attachments: #1 Exhibit EXHIBIT 5 Bio Dr. Behnam Bavarian -Defendant's Expert Witness, #2 Declaration EXHIBIT 5A. Declaration of Dr. Benham Bavarian PhD, #3 Exhibit EXHIBIT 5C. Testimony of Dr. Bavarian, #4 Exhibit EXHIBIT 5B. Deposition of Dr. Behnam Bavarian)(GRACE, MARY)
November 20, 2014 Filing 581 LARGE ADDITIONAL ATTACHMENT(S) _PRO SE DEFENDANT TAMIO SAITO S OPPOSITION TO PLAINTIFF S MOTION TO STRIKE TAMIO SAITO S REPLY TO PLAINTIFF MOTION TO STRIKE REPLY TO TAMIO SAITO'S OPPOSITION & REPLY by TAMIO SAITO #574 Response to motion,, filed by TAMIO SAITO. (Attachments: #1 Exhibit EXHIBIT 6A..) Deposition of Michael McCabe 0801e-Smart-McCab, #2 Exhibit EXHIBIT 6B..) Deposition of Gerald Smith 0731e, #3 Exhibit EXHIBIT 6C..) Deposition of Thomas Greiner, #4 Exhibit EXHIBIT 6D..) IDTP Smith & Griener 'Contibution' -Attachment H, #5 Exhibit EXHIBIT 7A-2.). RBarrett August 25, 2007e-Smart Business Plan, #6 Exhibit EXHIBIT 7A-4) RBarrett Sept. 25, 2007 - author Barrett -Final e-Smart Executive Summary & Korea Business Plan.)(GRACE, MARY)
November 20, 2014 Filing 580 LARGE ADDITIONAL ATTACHMENT(S) _PRO SE DEFENDANT TAMIO SAITO S OPPOSITION TO PLAINTIFF S MOTION TO STRIKE TAMIO SAITO S REPLY TO PLAINTIFF MOTION TO STRIKE REPLY TO TAMIO SAITO'S OPPOSITION & REPLY by TAMIO SAITO #574 Response to motion,, filed by TAMIO SAITO. (Attachments: #1 Exhibit EXHIBIT 4 Due Diligence Report)(GRACE, MARY)
November 20, 2014 Filing 579 LARGE ADDITIONAL ATTACHMENT(S) _PRO SE DEFENDANT TAMIO SAITO S OPPOSITION TO PLAINTIFF S MOTION TO STRIKE TAMIO SAITO S REPLY TO PLAINTIFF MOTION TO STRIKE REPLY TO TAMIO SAITO'S OPPOSITION & REPLY by TAMIO SAITO #574 Response to motion,, filed by TAMIO SAITO. (Attachments: #1 Statement of Facts Exhibit 1.) EXHIBIT A (PART 1) DEFENDANT'S STATEMENT OF UNDISPUTED MATERIAL FACTS - EXHIBIT A - part 1)(GRACE, MARY)
November 20, 2014 Filing 578 LARGE ADDITIONAL ATTACHMENT(S) _PRO SE DEFENDANT TAMIO SAITO S OPPOSITION TO PLAINTIFF S MOTION TO STRIKE TAMIO SAITO S REPLY TO PLAINTIFF MOTION TO STRIKE REPLY TO TAMIO SAITO'S OPPOSITION & REPLY by TAMIO SAITO #574 Response to motion,, filed by TAMIO SAITO. (Attachments: #1 Declaration Exhibit 2-1. Declaration of Bill Sandler, #2 Declaration Exhibit 2-2.) Declaration of James Desmond, #3 Declaration Exhibit 2-3.) Declaration of Howard Will, #4 Exhibit Exhibit 2-4.) e-Mail from Henry Mollett re Tamio Saito.pdf, #5 Exhibit EXHIBIT 8 -DEPOSITION OF PRO SE DEFENDANT TAMIO SAITO 9-11-2014)(GRACE, MARY)
November 20, 2014 Filing 577 LARGE ADDITIONAL ATTACHMENT(S) _PRO SE DEFENDANT TAMIO SAITO S OPPOSITION TO PLAINTIFF S MOTION TO STRIKE TAMIO SAITO S REPLY TO PLAINTIFF MOTION TO STRIKE REPLY TO TAMIO SAITO'S OPPOSITION & REPLY by TAMIO SAITO #574 Response to motion,, filed by TAMIO SAITO. (Attachments: #1 Statement of Facts xhibit 1.) 4A Pt. 1. Defendants Statement of Undisputed Material Fact 4A- PT. 1, #2 Statement of Facts Exhibit 1.) 4A-Pt. 2. Statement of Undisputed Material Facts Pt. 2)(GRACE, MARY)
November 20, 2014 Filing 576 LARGE ADDITIONAL ATTACHMENT(S) _PRO SE DEFENDANT TAMIO SAITO S OPPOSITION TO PLAINTIFF S MOTION TO STRIKE TAMIO SAITO S REPLY TO PLAINTIFF MOTION TO STRIKE REPLY TO TAMIO SAITO'S OPPOSITION & REPLY by TAMIO SAITO #574 Response to motion,, filed by TAMIO SAITO. (Attachments: #1 Statement of Facts Exhibit 1.) 1A. DEFENDANT TAMIO SAITO'S STATEMENTS OF UNDISPUTED AND UNCONTESTED MATERIAL FACTS, #2 Statement of Facts Exhibit 1.) 3A. Defendant Tamio Saito's Statements of Undisputed Material Facts Pt. 3A)(GRACE, MARY)
November 20, 2014 Filing 575 LARGE ADDITIONAL ATTACHMENT(S) _PRO SE DEFENDANT TAMIO SAITO S OPPOSITION TO PLAINTIFF S MOTION TO STRIKE TAMIO SAITO S REPLY TO PLAINTIFF MOTION TO STRIKE REPLY TO TAMIO SAITO'S OPPOSITION & REPLY by TAMIO SAITO #574 Response to motion,, filed by TAMIO SAITO. (Attachments: #1 Exhibit 3 -Exponent Expert Report(1) Executive Summary & Test Conclusions)(GRACE, MARY)
November 20, 2014 Filing 574 RESPONSE re #563 MOTION to Strike #548 Large Additional Attachment(s), #549 Large Additional Attachment(s), #551 Large Additional Attachment(s),,, #552 Large Additional Attachment(s),,, #550 Large Additional Attachment(s),,,, #547 Reply to opposition to M _PRO SE DEFENDANT TAMIO SAITOS OPPOSITION TO PLAINTIFFS MOTION TO STRIKE PRO SE DEFENDANT TAMIO SAITOS REPLY TO PLAINTIFFS OPPOSITION AND REPLY TO PRO SE DEFENDANT TAMIO SAITOS MOTION FOR SUMMARY JUDGMENT AND OPPOSITION filed by TAMIO SAITO. (Attachments: #1 Declaration Declaration of Tamio Saito as to Authenticity of Documents, #2 Text of Proposed Order Text of Proposed Order)(GRACE, MARY)
November 17, 2014 Filing 573 LARGE ADDITIONAL ATTACHMENT(S) _Pro s Defendant Tamio Saito's Motion to Strike Plaintiff's Opposition to Pro Se Defendant Tamio Saito's Motion to Strike & Exclude Plaintiff's Experts and Expert Report Nov. 17, 2014 by TAMIO SAITO #571 MOTION to Strike #562 Memorandum in Opposition,, *Pro s Defendant Tamio Saito's Motion to Strike Plaintiff's Opposition to Pro Se Defendant Tamio Saito's Motion to Strike & Exclude Plaintiff's Experts and Expert Report No MOTION to Strike #562 Memorandum in Opposition,, *Pro s Defendant Tamio Saito's Motion to Strike Plaintiff's Opposition to Pro Se Defendant Tamio Saito's Motion to Strike & Exclude Plaintiff's Experts and Expert Report No MOTION to Strike #562 Memorandum in Opposition,, *Pro s Defendant Tamio Saito's Motion to Strike Plaintiff's Opposition to Pro Se Defendant Tamio Saito's Motion to Strike & Exclude Plaintiff's Experts and Expert Report No filed by TAMIO SAITO. (Attachments: #1 Exhibit EXHIBIT 1 D. EXCERPTS OF TESTIMONY OF PLAINTIFFS PURPORTED EXPERT WITNESSES, #2 Exhibit Exhibit 2 -Experts Exponent Test & Evaluation Report(1) Executive Summary Conclusion of Scientific Testing., #3 Declaration Exhibit 3 Marcello Soliven Declaration, #4 Exhibit Exhibit 3A..) Bio of Marcello Soliven)(GRACE, MARY)
November 17, 2014 Filing 572 ERRATA by TAMIO SAITO #564 Reply to opposition to Motion,, filed by TAMIO SAITO. (Attachments: #1 Errata *CORRECTED Nov. 10, 2014- DKT.564-569 MAIN DOCUMENT- PRO SE DEFENDANT TAMIO SAITO'S REPLY to PLAINTIFF'S OPPOSITION TO PRO SE DEFENDANT TAMIO SAITIO'S MOTION TO STRIKE AND EXCLUDE PLAINTIFF'S EXPERTS AND THEIR EXPERT REPORT.)(GRACE, MARY)
November 17, 2014 Filing 571 MOTION to Strike #562 Memorandum in Opposition,, *Pro s Defendant Tamio Saito's Motion to Strike Plaintiff's Opposition to Pro Se Defendant Tamio Saito's Motion to Strike & Exclude Plaintiff's Experts and Expert Report Nov. 17, 2014 by TAMIO SAITO (Attachments: #1 Declaration Declaration of Tamio Saito as to Authenticity of Documents, #2 Exhibit Exhibit 1A. Deposition of IDTP Michael McCabe, Aug. 1, 2014, #3 Exhibit Exhibit 1B. Depoaition of IDTP Gerald Smith-July 31, 2014, #4 Exhibit Exhibit 1C Deposition of Grenier-July 32, 2014., #5 Text of Proposed Order Exhibit 1C Deposition of Grenier-July 32, 2014.)(GRACE, MARY)
November 13, 2014 Opinion or Order MINUTE ORDER: The Court ORDERS that Defendant Saito's #570 Motion to Strike is DENIED. He has miscalculated the time within which Plaintiff had to respond, as Fed. R. Civ. P. 6 makes clear. Signed by Judge James E. Boasberg on 11/13/14. (lcjeb2)
November 12, 2014 Filing 570 MOTION to Strike #562 Memorandum in Opposition,, Pro s Defendant Tamio Saito's Motion to Strike Plaintiff's Opposition to Pro Se Defendant Tamio Saito's Motion to Strike & Exclude Plaintiff's Experts and Expert Report. by TAMIO SAITO (Attachments: #1 Text of Proposed Order Text of Proposed Order)(GRACE, MARY)
November 11, 2014 Filing 569 LARGE ADDITIONAL ATTACHMENT(S) Nov. 10, 2014- PRO SE DEFENDANT'S REPLY to PLAINTIFF'S OPPOSITION TO PRO SE DEFENDANT TAMIO SAITIO'S - CORRECT PART 2 OF EXHIBIT 3 (TWO COPIES OF PART 1 OF EXHIBIT WERE FILED IN ERROR EARLIER TODAY, INSTEAD OF PART 1 AND PART 2. by TAMIO SAITO #564 Reply to opposition to Motion,, filed by TAMIO SAITO. (Attachments: #1 Exhibit CORRECT EXHIBIT INDEX (Corrected), #2 Exhibit CORRECT PART 2 OF EXHIBIT 3 (3A - 3G) TESTIMONY OF IDTP WITNESSES RELATED TO EXPERT REPORT AND SCOPE PART 2 copY - REPLACES DUPLICATE COPY OF PART 1 FILED EARLY TODAY)(GRACE, MARY)
November 11, 2014 Filing 568 LARGE ADDITIONAL ATTACHMENT(S) Nov. 10, 2014- PRO SE DEFENDANT'S REPLY to PLAINTIFF'S OPPOSITION TO PRO SE DEFENDANT TAMIO SAITIO'S MOTION TO STRIKE AND EXCLUDE PLAINTIFF'S EXPERTS AND THEIR EXPERT REPORT by TAMIO SAITO #564 Reply to opposition to Motion,, filed by TAMIO SAITO. (Attachments: #1 Exhibit EXHIBIT INDEX (Corrected), #2 Exhibit EXHIBIT 3 (3A - 3G) TESTIMONY OF IDTP WITNESSES RELATED TO EXPERT REPORT AND SCOPE PART 1, #3 Exhibit EXHIBIT 3 (3A - 3G) TESTIMONY OF IDTP WITNESSES RELATED TO EXPERT REPORT AND SCOPE PART 2)(GRACE, MARY)
November 11, 2014 Filing 567 LARGE ADDITIONAL ATTACHMENT(S) Nov. 10, 2014- PRO SE DEFENDANT'S REPLY to PLAINTIFF'S OPPOSITION TO PRO SE DEFENDANT TAMIO SAITIO'S MOTION TO STRIKE AND EXCLUDE PLAINTIFF'S EXPERTS AND THEIR EXPERT REPORT by TAMIO SAITO #564 Reply to opposition to Motion,, filed by TAMIO SAITO. (Attachments: #1 Exhibit EXHIBIT INDEX (Corrected), #2 Exhibit EXHIBIT 3F..) IDTP Smith & Griener 'Contibution' -Attachment H, #3 Exhibit EXHIBIT 9. Bio of Tamio Saito, #4 Exhibit EXHIBIT 9B. Bio of Expert, #5 Exhibit EXHIBIT 10. Critical Historical Inventions Predicted Not to Work, #6 Declaration EXHIBIT 11 Declaration of Expert Marcello Soliven re Defendant's Wireless Card)(GRACE, MARY)
November 11, 2014 Filing 566 LARGE ADDITIONAL ATTACHMENT(S) Nov. 10, 2014- PRO SE DEFENDANT'S REPLY to PLAINTIFF'S OPPOSITION TO PRO SE DEFENDANT TAMIO SAITIO'S MOTION TO STRIKE AND EXCLUDE PLAINTIFF'S EXPERTS AND THEIR EXPERT REPORT by TAMIO SAITO #564 Reply to opposition to Motion,, filed by TAMIO SAITO. (Attachments: #1 Exhibit, #2 Exhibit EXHIBIT 4 Bio Dr. Behnam Bavarian -Defendant's Expert Witness, #3 Declaration EXHIBIT 4A. Declaration of Dr. Benham Bavarian PhD, #4 Exhibit EXHIBIT 4B. Deposition of Dr. Behnam Bavarian, #5 Exhibit EXHIBIT 4C. Testimony of Dr. Bavarian, #6 Exhibit EXHIBIT 5. Due Diligence Overview, #7 Exhibit EXHIBIT 8 - SENT BY FED X TO CLERK, #8 Exhibit EXHIBIT 12A.- SENT BY FED X TO CLERK, #9 Exhibit EXHIBIT 12B.- SENT BY FED X TO CLERK, #10 Exhibit EXHIBIT 12C.) Sejong City - Korea - Press Release & Info on eSmart I AM Card in Sejong City, #11 Exhibit EXHIBIT 13. Expert Witness IDTP Invoices -Excerpts of Evaluation of 2006 Claims (in defendant's 10K))(GRACE, MARY)
November 11, 2014 Filing 565 LARGE ADDITIONAL ATTACHMENT(S) Nov. 10, 2014- PRO SE DEFENDANT'S REPLY to PLAINTIFF'S OPPOSITION TO PRO SE DEFENDANT TAMIO SAITIO'S MOTION TO STRIKE AND EXCLUDE PLAINTIFF'S EXPERTS AND THEIR EXPERT REPORT by TAMIO SAITO #564 Reply to opposition to Motion,, filed by TAMIO SAITO. (Attachments: #1 Declaration EXHIBIT 2A. Declaration of William Sandler, #2 Declaration EXHIBIT 2B.) Declaration of Howard Wills, #3 Declaration EXHBIT 2C.) Declaration of James Desmond, #4 Exhibit EXHIBIT 3H.) Deposition of Michael McCabe, #5 Exhibit EXHIBIT 3I.) Deposition of Gerald Smith 0731e-Smart-Smith, #6 Exhibit EXHIBIT 3J.) Deposition of Thomas Greiner, #7 Supplement EXHIBIT 6.R Barrett e-mail with Short Term Sales Plan.pdf, #8 Exhibit EXHIBIT 14A. RBarrett August 25, 2007e-Smart Business Plan, #9 Exhibit EXHIBIT 14B.) RBarrett Sept. 25, 2007 - author Barrett -Final e-Smart Executive Summary & Korea Business Plan.pdf, #10 Exhibit EXHIBIT INDEX.pdf)(GRACE, MARY)
November 10, 2014 Filing 564 REPLY to opposition to motion re #541 MOTION for Leave to File PRO SE DEFENDANT TAMIO SAITOS REQUEST FOR LEAVE TO FILE MOTION TO EXCLUDE PLAINTIFF'S EXPERTS AND TO STRIKE PLAINTIFF'S EXPERT REPORT PRO SE DEFENDANT TAMIO SAITO'S REPLY TO PLAINTIFF'S OPPOSITION TO PRO SE DEFENDANT'S MOTION TO STRIKE AND EXCLUDE PLAINTIFF'S EXPERTS AND PLAINTIFF'S EXPERT REPORT filed by TAMIO SAITO. (Attachments: #1 Declaration claration of Tamio Saito as to Authenticity of Document, #2 Text of Proposed Order Text of Proposed Order, #3 Exhibit xhibit 1.)Exponent Expert Report & Executive Summary)(GRACE, MARY)
November 5, 2014 Filing 563 MOTION to Strike #548 Large Additional Attachment(s), #549 Large Additional Attachment(s), #551 Large Additional Attachment(s),,, #552 Large Additional Attachment(s),,, #550 Large Additional Attachment(s),,,, #547 Reply to opposition to Motion,,, Filed by Tamio Saito by U.S. SECURITIES AND EXCHANGE COMMISSION (Guido, Kenneth)
November 3, 2014 Filing 562 Memorandum in opposition to re #541 MOTION for Leave to File PRO SE DEFENDANT TAMIO SAITOS REQUEST FOR LEAVE TO FILE MOTION TO EXCLUDE PLAINTIFF'S EXPERTS AND TO STRIKE PLAINTIFF'S EXPERT REPORT and Motion to Strike SEC's Expert Report(Docket No. 540) filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit)(Guido, Kenneth)
November 3, 2014 Filing 561 NOTICE Pro s Defendant Tamio Saito's First Motion Strike and to Exclude Plaintiff's Expert Witnesses and Plaintiff's Expert Report. by TAMIO SAITO (Attachments: #1 Memorandum in Support MEMORANDUM IN SUPPORT OF PRO SE DEFENDANT TAMIO SAITO'S FIRST MOTION TO STRIKE & EXCLUDE PLAINTIFF'S EXPERTS AND EXPERT REPORT., #2 Declaration Declaration of Tamio Saito as to Authenticity of Documents, #3 Text of Proposed Order Text of Proposed Order)(GRACE, MARY)
November 3, 2014 Opinion or Order MINUTE ORDER: The Court ORDERS that Defendant Saito's #561 Motion to Strike is DENIED WITHOUT PREJUDICE as duplicative of ECF No. 541, his prior Motion to Strike. Signed by Judge James E. Boasberg on 11/3/14. (lcjeb2)
October 27, 2014 Opinion or Order Filing 560 ORDER: The Court ORDERS that: (1) the SECs #514 Motion to Strike is GRANTED IN PART and DENIED IN PART; (2) ECF Nos. 505-06, 508, 513, and 516-17 are STRICKEN; and (3) the Statement of Facts in ECF No. 496 is RESTORED. Signed by Judge James E. Boasberg on 10/27/14. (lcjeb2)
October 27, 2014 Opinion or Order MINUTE ORDER: Defendants Grace and Saito have filed a #489 Motion for Leave to file Documents Under Seal. They claim that disclosure would cause "[h]arm to Defendant companies and its shareholders." Mot. at 6. The difficulty with such an argument is that the companies are no longer Defendants in the case, having already defaulted. Defendants Grace and Saito do not even allege that disclosure of certain documents would harm them individually or that they individually have any proprietary interest in the materials. The Court, accordingly, ORDERS that the #489 Motion is DENIED. Signed by Judge James E. Boasberg on 10/27/14. (lcjeb2)
October 23, 2014 Opinion or Order MINUTE ORDER: The Court ORDERS that: 1) Defendant Saito's #555 Motion for Leave is DENIED WITHOUT PREJUDICE, as it fails to comply with the Court's method of handling discovery disputes, as Saito well knows; and 2) Saito's #559 Motion to Strike is DENIED as frivolous. The SEC's Opposition and Reply was timely filed on October 2, 2014, as the docket entry at ECF No. 522 makes clear. Signed by Judge James E. Boasberg on 10/23/14. (lcjeb2)
October 21, 2014 Filing 559 MOTION to Strike 529 Memorandum in Opposition to PRO SE DEFENDANT TAM- PLAINTIFFS OUT OF TIME FILED DKT. 529 SECOND MEMORANDUM IN OPPOSITION TO PRO SE DEFENDANTS TAMIO SAITO'S MOTION FOR SUMMARY JUDGMENT AGAINST PLAINTIFF AND OPPOSITION TO PLAINTIFFS MOTION FOR SUMMARY JUDGMENT AGAINST PRO SE DEFENDANT TAMIO SAITO by TAMIO SAITO (Attachments: #1 Text of Proposed Order Text of Proposed Order)(GRACE, MARY)
October 20, 2014 Filing 558 LARGE ADDITIONAL ATTACHMENT(S) Request for Leave of Court to File Motion to Compel by TAMIO SAITO #555 MOTION for Leave to File Motion To Compel filed by TAMIO SAITO. (Attachments: #1 Exhibit Exhibit 7. Exponent Expert Report(1) Executive Summary, #2 Exhibit 3-1.)1401-103 - November and December 2013, #3 Exhibit 3-2.)1402-104- January 2014., #4 Exhibit 3-3.) 1403-105 - February 2014, #5 Exhibit 3-4.) 1404-105- March 2014, #6 Exhibit 3-5.) 1405-104 -- April 2014., #7 Exhibit 3-6.) 1406-103--May 2014, #8 Exhibit 3-7.) 1407-106 -- June 2014, #9 Exhibit 3-8.) 1408-104 - July 2014, #10 Exhibit 3-9.) 1409-102 - August 2014)(GRACE, MARY)
October 20, 2014 Filing 557 LARGE ADDITIONAL ATTACHMENT(S) Request for Leave of Court to File Motion to Compel by TAMIO SAITO #555 MOTION for Leave to File Motion To Compel filed by TAMIO SAITO. (Attachments: #1 Exhibit Exhibit 4-a.) Deposition of IDTP Witness Michael McCabe., #2 Exhibit Exhibit 4-B.) Deposition of IDTP Witness Gerald Smaith, #3 Exhibit EXHIBIT 4-C.) Deposition of IDTP Expert Thomas Greiner.pdf)(GRACE, MARY)
October 20, 2014 Filing 556 LARGE ADDITIONAL ATTACHMENT(S) Request for Leave to File Motion to Compel by TAMIO SAITO #555 MOTION for Leave to File Motion To Compel filed by TAMIO SAITO. (Attachments: #1 Exhibit Exhibit 1-1. ID Technology Partners Subpoena, #2 Exhibit EXHIBIT 1-2. Michael McCabe Subpoen, #3 Exhibit EXHIBIT 1-3. Gerry Smith Subpoena.pdf, #4 Exhibit Exhibit 1-4. Thomas Grenier Subpoena, #5 PLAINTIFF'S COUNSEL INSTRUCTS WITNESS NOT TO ANSWER AT DEPOSITION, #6 EXHIBIT 9 Pg. 65 Plaintiff's counsel Yelling "Keep Your Mouth Shut" Example of misbehavior, interruptions & disruption)(GRACE, MARY)
October 20, 2014 Filing 555 MOTION for Leave to File Motion To Compel by TAMIO SAITO (Attachments: #1 Declaration Declaration of Authenticity of Documents Tamio Saito, #2 Text of Proposed Order Text of Proposed Order)(GRACE, MARY)
October 20, 2014 Opinion or Order Filing 554 Memorandum Opinion re #553 Order on Motion for Summary Judgment. Signed by Judge James E. Boasberg on 10/20/14. (lcjeb2)
October 20, 2014 Opinion or Order Filing 553 ORDER DENYING #387 Motion for Summary Judgment. Signed by Judge James E. Boasberg on 10/20/14. (lcjeb2) (Main Document 553 replaced on 10/20/2014) (ad). Modified on 10/20/2014 to correct the title of the document (ad).
October 17, 2014 Filing 552 LARGE ADDITIONAL ATTACHMENT(S) PRO SE DEFENDANT TAMIO SAITO'S REPLY TO PLAINTIFF'S OPPOSITION AND REPLY by TAMIO SAITO #547 Reply to opposition to Motion,,, filed by TAMIO SAITO. (Attachments: #1 Exhibit EXPERT INVOICES 3-1.)1401-103 - November and December 2013, #2 Exhibit EXPERT INVOICES 3-2.)1402-104- January 2014, #3 Exhibit EXPERT INVOICES 3-3.) 1403-105 - February 2014.pdf, #4 Exhibit EXPERT INVOICES 3-4.) 1404-105- March, #5 EXPERT INVOICES 3-5.) 1405-104 -- April 2014.pdf, #6 EXPERT INVOICES 3-6.) 1406-103--May 2014.pd, #7 EXPERT INVOICES 3-7.) 1407-106 -- June 2014.p, #8 EXPERT INVOICES 3-8.) 1408-104 - July 2014, #9 EXPERT INVOICES 3-9.) 1409-102 - August 2014.pdf, #10 EXHIBIT 2B.) Attachment H-1.pdf)(GRACE, MARY)
October 17, 2014 Filing 551 LARGE ADDITIONAL ATTACHMENT(S) PRO SE DEFENDANT TAMIO SAITO'S REPLY TO PLAINTIFF'S OPPOSITION AND REPLY by TAMIO SAITO #547 Reply to opposition to Motion,,, filed by TAMIO SAITO. (Attachments: #1 Exhibit EXHIBIT 11 -DEPOSITION OF PRO SE DEFENDANT TAMIO SAITO, #2 Statement of Facts ATTACHMENT 'B'-2- PLAINTIFF'S FALSE CLAIMS IN SECTIONS II AND III ALSO LISTED ON PLAINTIFF'S ATTACHMENT ENTITLED STATEMENT OF FACTS ARE PROVEN FASLE AND DISPUTED, #3 Declaration 8-1. Declaration of Bill Sandler 090820140001, #4 Declaration 8-2.) Declaration of James Desmond 090720140001, #5 Declaration 8-3.) Declaration of Howard Wills.pdf, #6 Exhibit 8B. e-Mail from Henry Mollett re Tamio Saito.pdf)(GRACE, MARY)
October 17, 2014 Opinion or Order MINUTE ORDER: Given that Defendant Saito has now filed his Reply, the Court ORDERS that his #545 Emergency Motion to obtain materials ostensibly needed for his Reply is DENIED as moot. Signed by Judge James E. Boasberg on 10/17/14. (lcjeb2)
October 16, 2014 Filing 550 LARGE ADDITIONAL ATTACHMENT(S) PRO SE DEFENDANT TAMIO SAITO'S REPLY TO PLAINTIFF'S OPPOSITION AND REPLY by TAMIO SAITO #547 Reply to opposition to Motion,,, filed by TAMIO SAITO. (Attachments: #1 Statement of Facts 1. ATTACHMENT A Part 2 -Pro Se Defendant Tamio Saito's Statements of Undisputed Material facts, #2 Statement of Facts 1-EXHIBIT 1 pt 1 -Pro Se Defendant Tamio Saito's Statements of Undisputed Material facts, #3 Exhibit EXHIBIT 4A.) Deposition of Michael McCabe 0801e-Smart-McCabe-, #4 Exhibit EXHIBIT 4B.) Deposition of Gerald Smith 0731e-Smart-Smith, #5 Exhibit EXHIBIT 4C.) Deposition of Thomas Greiner 0731e-Smart-Grenier-, #6 Exhibit EXHIBIT 5. EXPONENT EXPERT TEST AND EVALUATION REPORT, #7 Exhibit EXHIBIT 6A.) Bio of Dr. Behnam Bavarian Ph.D & AFIS & Biometrics Experience., #8 Declaration EXHIBIT 6B. Declaration of Defendant's Expert Dr. Behnam Bavarian PH.D., #9 Exhibit Exhibit 6C. Excerpts of Testimony Dr, #10 Exhibit Exhibit 6D.) Deposition of Dr. Behnam Bavarian)(GRACE, MARY)
October 16, 2014 Filing 549 LARGE ADDITIONAL ATTACHMENT(S) PRO SE DEFENDANT TAMIO SAITO'S REPLY TO PLAINTIFF'S OPPOSITION AND REPLY by TAMIO SAITO #547 Reply to opposition to Motion,,, filed by TAMIO SAITO. (Attachments: #1 Statement of Facts 1. ATTACHMENT A- PRO SE DEFENDANT'S STATEMENT OF UNDISPUTED MATERIAL FACTS - EXHIBIT A)(GRACE, MARY)
October 16, 2014 Filing 548 LARGE ADDITIONAL ATTACHMENT(S) PRO SE DEFENDANT TAMIO SAITO'S REPLY TO PLAINTIFFS OPPOSITION TO MOTION FOR SUMMARY JUDGMENT AND REPLY by TAMIO SAITO #547 Reply to opposition to Motion,,, filed by TAMIO SAITO. (Attachments: #1 Statement of Facts 1-4A.)Defendant Statement of Undisputed MaterialFacts 4A. https---ecf.dcd.uscourts.gov-cgi-bin-show_temp.pl?file=4105846-2--6198)(GRACE, MARY)
October 16, 2014 Filing 547 REPLY to opposition to motion re #497 MOTION for Summary Judgment Amended 2 - pro se DEFENDANT TAMIO SAITO MOTION FOR SUMMARY JUDGMENT AGAINST PLAINTIFF AND OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AGAINST TAMIO SAITO, #496 Amended MOTION for Summary Judgment Amended 2 - pro se DEFENDANT TAMIO SAITO MOTION FOR SUMMARY JUDGMENT AGAINST PLAINTIFF AND OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AGAINST TAMIO SAITO & REPLY TO PLAINTIFF'S REPLY #522 filed by TAMIO SAITO. (Attachments: #1 Declaration Declaration to Authenticity of Documents, #2 Text of Proposed Order Text of Proposed Order, #3 Statement of Facts 1. 2A. Pro Se Defendant's Statement of Undisputed Material Facts Part 2A, #4 Statement of Facts 1.-3A Pro Se Defendant's Statement of Undisputed Material Facts, #5 Statement of Facts 1.-4A-2. Pro Se Defendant's Statement of Undisputed Material Fact)(GRACE, MARY)
October 16, 2014 Filing 546 LARGE ADDITIONAL ATTACHMENT(S) EMERGENCY MOTION FOR LEAVE TO FILE Emergency Motion for an Extension of Time to File Reply by TAMIO SAITO #545 Emergency MOTION for Leave to File Emergency Motion for an Extension of Time to File Reply filed by TAMIO SAITO. (Attachments: #1 Exhibit Exhibit 1-1.) Subpoena to Expert Witness IDTP, #2 Exhibit Exhibit 1-2.) Subpoena to IDTP Expert Witness Michael McCabe, #3 Exhibit Exhibit 1-3.) Subpoena to IDTP Expert Witness Gerald Smith, #4 Exhibit Exhibit 1-4.) Subpoena to IDTP Expert Witness Thomas Greiner, #5 Exhibit Exhibit 4-A.) Deposition of IDTP Expert Witness Michael McCabe, #6 Exhibit Exhibit 4-B.) Deposition of IDTP Expert Witness Gerald Smith, #7 Exhibit Exhibit 4-C.) Deposition of IDTP Expert Witness Thomas Greiner, #8 Exhibit Exhibit 7.) Expert Exponent Test and Evaluation Report, #9 Exhibit Exhibit 8.) Plaintiff Counsel instructs Witnesses Not To Answer deposition questions, #10 Exhibit Exhibit 9 - Plaintiff counsel yells and disrupts deposition repeatedly)(GRACE, MARY)
October 16, 2014 Filing 545 Emergency MOTION for Leave to File Emergency Motion for an Extension of Time to File Reply by TAMIO SAITO (Attachments: #1 Exhibit Attachment A- Plaintiff's Motion for an Extension of Time)(GRACE, MARY)
October 15, 2014 Filing 544 LARGE ADDITIONAL ATTACHMENT(S) Motion for Leave to File Motion to Strike Plaintiff's Experts and Plaintiff's Expert Report by TAMIO SAITO #541 MOTION for Leave to File PRO SE DEFENDANT TAMIO SAITOS REQUEST FOR LEAVE TO FILE MOTION TO EXCLUDE PLAINTIFF'S EXPERTS AND TO STRIKE PLAINTIFF'S EXPERT REPORT filed by TAMIO SAITO. (Attachments: #1 Exhibit EXHIBIT 2B.) Expert Witness IDTP Invoices -Excerpts of Evaluation of 2006 Claims (in defendant's 10K, #2 Exhibit EXHIBIT 3.)DEFENDANT CLAIMS IN 2006 10K, #3 Exhibit EXHIBIT 9-1.)KISA_Certificate, #4 Exhibit EXHIBIT 9-2.) KISA Certificate_20090910_KOR, #5 Exhibit EXHIBIT 9-3.) ISO7816, #6 Exhibit 11.)Sejong City - Korea - Press Release & Info on eSmart I AM Card in Sejong City_, #7 Exhibit EXHIBIT 12 e-Smart Korea Business Plan - Ex- COO Richard Barrett., #8 Exhibit EXHIBIT 12B.) $1.5 BILLION MARKET IN KORES - COO BARRETT KOREA BUSINESS PLAN EXCERPTS.)(GRACE, MARY)
October 15, 2014 Filing 543 LARGE ADDITIONAL ATTACHMENT(S) Motion for Leave to File Motion to Strike Plaintiff's Experts and Plaintiff's Expert Report by TAMIO SAITO #541 MOTION for Leave to File PRO SE DEFENDANT TAMIO SAITOS REQUEST FOR LEAVE TO FILE MOTION TO EXCLUDE PLAINTIFF'S EXPERTS AND TO STRIKE PLAINTIFF'S EXPERT REPORT filed by TAMIO SAITO. (Attachments: #1 Exhibit Exhibit 2-1.) Expert Witnesses Invoice 1, #2 Exhibit Exhibit 2-2.) Expert Witnesses Invoice 2, #3 Exhibit Exhibit 2-3.) Expert Witnesses Invoice 3, #4 Exhibit Exhibit 2-4.) Expert Witnesses Invoice 4, #5 Exhibit Exhibit 2-5.) Expert Witnesses Invoice 5, #6 Exhibit Exhibit 2-6.) Expert Witnesses Invoice 6, #7 Exhibit Exhibit 2-7.) Expert Witnesses Invoice 7, #8 Exhibit Exhibit 2-8.) Expert Witnesses Invoice 8, #9 Exhibit Exhibit 2-9.) Expert Witnesses Invoice 9)(GRACE, MARY)
October 15, 2014 Filing 542 LARGE ADDITIONAL ATTACHMENT(S) Motion for Leave to File Motion to Strike Plaintiff's Experts and Plaintiff's Expert Report by TAMIO SAITO #541 MOTION for Leave to File PRO SE DEFENDANT TAMIO SAITOS REQUEST FOR LEAVE TO FILE MOTION TO EXCLUDE PLAINTIFF'S EXPERTS AND TO STRIKE PLAINTIFF'S EXPERT REPORT filed by TAMIO SAITO. (Attachments: #1 Exhibit Exhibit 7. Exponent's Expert's Scientific Test & Evaluation Report, #2 Exhibit Exhibit 8A. Bio of pro se defendant's Expert Witness Dr. Behnam Bavarian PhD., #3 Declaration Exhibit 8B. Declaration of Dr. Behnam Bavarian PhD., #4 Exhibit Exhibit 8C. Excerpts fromDeposition of pro se defendant's Expert Witness Dr. Bavarian PhD., #5 Exhibit Exhibit 8D. Deposition of Dr. Behnam Bavarian PhD,, #6 Exhibit Exhibit 10. Independent Due Diligence Report)(GRACE, MARY)
October 15, 2014 Filing 541 MOTION for Leave to File PRO SE DEFENDANT TAMIO SAITOS REQUEST FOR LEAVE TO FILE MOTION TO EXCLUDE PLAINTIFF'S EXPERTS AND TO STRIKE PLAINTIFF'S EXPERT REPORT by TAMIO SAITO (Attachments: #1 Memorandum in Support Memorandum in Support of Pro s Defendant Tamio Saito's First Motion to Exclude Plaintiff's Experts and Strike Plaintiff's Expert Report, #2 Declaration Declaration of Authenticity of Documents -pro se defendant Tamio Saito, #3 Text of Proposed Order Text of Proposed Order, #4 Exhibit Exhibit 1A. Deposition of Plaintiff IDTP Purported Expert Witness - Michael McCabe, #5 Exhibit Exhibit 1B. Deposition of Plaintiff IDTP Purported Expert Witness - Gerald Smith, #6 Exhibit Exhibit 1C. Deposition of Plaintiff IDTP Purported Expert Witness - Thomas Greiner, #7 Exhibit Exhibit 4A. Nigata Scientific Wireless Distance Test in lab in Japan, #8 Exhibit Exhibit 4B. Niagata Wireless power scientific lab tests, #9 Exhibit Exhibit 4C. Ruler used by Plaintiff's purported Expert Witnesses to conduct the one and only test Plaintiff's IDTP Expert Witnesses performed, #10 Exhibit Exhibit 5A. Plaintiff's Expert Report, #11 Exhibit 5B. Attachment H -to Plaintiff Expert Report - Memorandum of Activities)(GRACE, MARY)
October 15, 2014 Filing 540 NOTICE Pro se Defendant Tamio Saito's First Motion to Exclude Plaintiff's Expert Witnesses and to Strike Plaintiff's Expert Report by TAMIO SAITO (Attachments: #1 Memorandum in Support Memorandum in Support of Pro s Defendant Tamio Saito's First Motion to Exclude Plaintiff's Experts and Strike Plaintiff's Expert Report, #2 Declaration Declaration of Authenticity of Documents -pro se defendant Tamio Saito, #3 Text of Proposed Order Text of Proposed Order)(GRACE, MARY)
October 14, 2014 Opinion or Order MINUTE ORDER: As Defendant Saito well knows, the Court does not permit the filing of motions regarding discovery without leave of court. The Court, accordingly, ORDERS that Saito's #532 , #533 Motions for Extension are DENIED WITHOUT PREJUDICE. Signed by Judge James E. Boasberg on 10/14/14. (lcjeb2)
October 13, 2014 Filing 539 LARGE ADDITIONAL ATTACHMENT(S) PRO SE DEFENDANT TAMIO SAITOS EMERGENCY REQUEST FOR LEAVE TO FILE MOTION TO COMPEL PRODUCTION OF EXPERT DOCUMENTS AND MATERIALS SUBPOENAED FROM PLAINTIFFS EXPERT WITNESSES ON JULY 28, 2014 WHICH PLAINTIFFS EXPERT WITNESSES FAILED TO PRODUCE AT DEPOSITIONS, AND WHICH THEY PROMISED AT THE DEPOSITION, ON THE RECORD, THAT THEY WOULD PRODUCE TO PRO SE DEFENDANT, BUT AFTER MEET AND CONFERS PLAINTIFF EXPERT WITNESS HAVE FAILED TO COMPLY AND ARE IN VIOLATION OF THE SUBPOENAS by TAMIO SAITO #532 Emergency MOTION for Extension of Time to File Response/Reply PRO SE DEFENDANT TAMIO SAITOS EMERGENCY MOTION TO REQUEST AN EXTENSION OF TIME FOR LEAVE TO FILE MOTION TO COMPEL PRODUCTION OF EXPERT DOCUMENTS AND MATERIALS SUBPOENAED FROM PLAINTIFFS filed by TAMIO SAITO. (Attachments: #1 Exhibit EXHIBIT 8. PLAINTIFF'S COUNSEL INSTRUCTS WITNESS NOT TO ANSWER AT DEPOSITION, #2 Exhibit EXHBIT 9. Plaintiff's counsel Yelling "Keep Your Mouth Shut" Example of misbehavior, interruptions & disruption)(GRACE, MARY)
October 13, 2014 Filing 538 LARGE ADDITIONAL ATTACHMENT(S) PRO SE DEFENDANT TAMIO SAITOS EMERGENCY REQUEST FOR LEAVE TO FILE MOTION TO COMPEL PRODUCTION OF EXPERT DOCUMENTS AND MATERIALS SUBPOENAED FROM PLAINTIFFS EXPERT WITNESSES ON JULY 28, 2014 WHICH PLAINTIFFS EXPERT WITNESSES FAILED TO PRODUCE AT DEPOSITIONS, AND WHICH THEY PROMISED AT THE DEPOSITION, ON THE RECORD, THAT THEY WOULD PRODUCE TO PRO SE DEFENDANT, BUT AFTER MEET AND CONFERS PLAINTIFF EXPERT WITNESSHAVE FAILED TO COMPLY AND ARE IN VIOLATION OF THE SUBPOENAS by TAMIO SAITO #533 Emergency MOTION for Leave to File PRO SE DEFENDANT TAMIO SAITOS EMERGENCY REQUEST FOR LEAVE TO FILE MOTION TO COMPEL PRODUCTION OF EXPERT DOCUMENTS AND MATERIALS SUBPOENAED FROM PLAINTIFFS EXPERT WITNESSES ON JULY 28, 2014 WHICH PLAINTIFFS EXPERT W filed by TAMIO SAITO. (Attachments: #1 Exhibit PLAINTIFF'S COUNSEL INSTRUCTS WITNESS NOT TO ANSWER AT DEPOSITION, #2 Exhibit XHIBIT 9 Pg. 65 Plaintiff's counsel Yelling "Keep Your Mouth Shut" Example of misbehavior, interruptions & disruption)(GRACE, MARY)
October 13, 2014 Filing 537 LARGE ADDITIONAL ATTACHMENT(S) PRO SE DEFENDANT TAMIO SAITOS EMERGENCY MOTION TO REQUEST AN EXTENSION OF TIME FOR LEAVE TO FILE MOTION TO COMPEL PRODUCTION OF EXPERT DOCUMENTS AND MATERIALS SUBPOENAED FROM PLAINTIFFS EXPERT WITNESSES ON JULY 28, 2014 WHICH PLAINTIFFS EXPERT WITNESSES FAILED TO PRODUCE AT DEPOSITIONS, AND WHICH THEY PROMISED AT THE DEPOSITION, ON THE RECORD, THAT THEY WOULD PRODUCE TO PRO SE DEFENDANT, BUT AFTER MEET AND CONFERS PLAINTIFF EXPERT WITNESS HAVE FAILED TO COMPLY AND ARE IN VIOLATION OF THE SUBPOENAS AND THE WITHHELD DOCUMENTS AND MATERIALS ARE NEEDED AND NECESSARY FOR PRO SE DEFENDANTS REPLY by TAMIO SAITO #532 Emergency MOTION for Extension of Time to File Response/Reply PRO SE DEFENDANT TAMIO SAITOS EMERGENCY MOTION TO REQUEST AN EXTENSION OF TIME FOR LEAVE TO FILE MOTION TO COMPEL PRODUCTION OF EXPERT DOCUMENTS AND MATERIALS SUBPOENAED FROM PLAINTIFFS filed by TAMIO SAITO. (Attachments: #1 Exhibit Exhibit 4 -1.) IDTP Invoices Nov.-Dec. 2013, #2 Exhibit Exhibit 4 -2.) IDTP Invoices - Jan. 2014, #3 Exhibit Exhibit 4 -3.) IDTP Invoices - Feb 2014, #4 Exhibit Exhibit 4 -4.) IDTP Invoices - March 2014, #5 Exhibit Exhibit 4 -5.) IDTP Invoices - April 2014, #6 Exhibit Exhibit 4 -6.) IDTP Invoices - May 2014, #7 Exhibit Exhibit 4 -7.) IDTP Invoicesm- June 2014, #8 Exhibit Exhibit 4 -8.) IDTP Invoices - July 2014, #9 Exhibit Exhibit 4 -9.) IDTP Invoices - August 2014)(GRACE, MARY)
October 13, 2014 Filing 536 LARGE ADDITIONAL ATTACHMENT(S) PRO SE DEFENDANT TAMIO SAITOS REQUEST FOR LEAVE TO FILE MOTION TO COMPEL PRODUCTION OF EXPERT DOCUMENTS AND MATERIALS SUBPOENAED FROM PLAINTIFFS EXPERT WITNESSES ON JULY 28, 2014 WHICH PLAINTIFFS EXPERT WITNESSES FAILED TO PRODUCE AT DEPOSITIONS, AND WHICH THEY PROMISED AT THE DEPOSITION, ON THE RECORD, THAT THEY WOULD PRODUCE TO PRO SE DEFENDANT, BUT AFTER MEET AND CONFERS PLAINTIFF EXPERT WITNESSHAVE FAILED TO COMPLY AND ARE IN VIOLATION OF THE SUBPOENAS by TAMIO SAITO #533 Emergency MOTION for Leave to File PRO SE DEFENDANT TAMIO SAITOS EMERGENCY REQUEST FOR LEAVE TO FILE MOTION TO COMPEL PRODUCTION OF EXPERT DOCUMENTS AND MATERIALS SUBPOENAED FROM PLAINTIFFS EXPERT WITNESSES ON JULY 28, 2014 WHICH PLAINTIFFS EXPERT W filed by TAMIO SAITO. (Attachments: #1 Exhibit Exhibit 4 -1.) IDTP Invoices Nov.-Dec. 2013, #2 Exhibit Exhibit 4 -2.) IDTP Invoices - Jan. 2014, #3 Exhibit Exhibit 4 -3.) IDTP Invoices - Feb 2014, #4 Exhibit Exhibit 4 -4.) IDTP Invoices - March 2014, #5 Exhibit Exhibit 4 -5.) IDTP Invoices - April 2014, #6 Exhibit Exhibit 4 -6.) IDTP Invoices - May 2014, #7 Exhibit Exhibit 4 -7.) IDTP Invoicesm- June 2014, #8 Exhibit Exhibit 4 -8.) IDTP Invoices - July 2014, #9 Exhibit Exhibit 4 -9.) IDTP Invoices - August 2014)(GRACE, MARY)
October 13, 2014 Filing 535 LARGE ADDITIONAL ATTACHMENT(S) PRO SE DEFENDANT TAMIO SAITOS EMERGENCY MOTION TO REQUEST AN EXTENSION OF TIME FOR LEAVE TO FILE MOTION TO COMPEL PRODUCTION OF EXPERT DOCUMENTS AND MATERIALS SUBPOENAED FROM PLAINTIFFS EXPERT WITNESSES ON JULY 28, 2014 WHICH PLAINTIFFS EXPERT WITNESSES FAILED TO PRODUCE AT DEPOSITIONS, AND WHICH THEY PROMISED AT THE DEPOSITION, ON THE RECORD, THAT THEY WOULD PRODUCE TO PRO SE DEFENDANT, BUT AFTER MEET AND CONFERS PLAINTIFF EXPERT WITNESS HAVE FAILED TO COMPLY AND ARE IN VIOLATION OF THE SUBPOENAS AND THE WITHHELD DOCUMENTS AND MATERIALS ARE NEEDED AND NECESSARY FOR PRO SE DEFENDANTS REPLY by TAMIO SAITO #532 Emergency MOTION for Extension of Time to File Response/Reply PRO SE DEFENDANT TAMIO SAITOS EMERGENCY MOTION TO REQUEST AN EXTENSION OF TIME FOR LEAVE TO FILE MOTION TO COMPEL PRODUCTION OF EXPERT DOCUMENTS AND MATERIALS SUBPOENAED FROM PLAINTIFFS filed by TAMIO SAITO. (Attachments: #1 Certificate of Service Exhibit 1-1.) Subpoena to Expert Witness IDTP, #2 Certificate of Service Exhibit 1-2.) Subpoena to IDTP Expert Witness Michael McCabe, #3 Certificate of Service Exhibit 1-3.) Subpoena to IDTP Expert Witness Gerald Smith, #4 Certificate of Service Exhibit 1-4.) Subpoena to IDTP Expert Witness Thomas Greiner, #5 Exhibit Exhibit 4-A.) Deposition of IDTP Expert Witness Michael McCabe, #6 Exhibit Exhibit 4-B.) Deposition of IDTP Expert Witness Gerald Smith, #7 Exhibit 4-C. Deposition of IDTP Witness Thomas Greiner, #8 Exhibit Exhibit 7.) Expert Exponent Test and Evaluation Report of defendant's technology and claims in 10K)(GRACE, MARY)
October 13, 2014 Filing 534 LARGE ADDITIONAL ATTACHMENT(S) PRO SE DEFENDANT TAMIO SAITOS EMERGENCY REQUEST FOR LEAVE TO FILE MOTION TO COMPEL PRODUCTION OF EXPERT DOCUMENTS AND MATERIALS SUBPOENAED FROM PLAINTIFFS EXPERT WITNESSES ON JULY 28, 2014 WHICH PLAINTIFFS EXPERT WITNESSES FAILED TO PRODUCE AT DEPOSITIONS, AND WHICH THEY PROMISED AT THE DEPOSITION, ON THE RECORD, THAT THEY WOULD PRODUCE TO PRO SE DEFENDANT, BUT AFTER MEET AND CONFERS PLAINTIFF EXPERT WITNESSHAVE FAILED TO COMPLY AND ARE IN VIOLATION OF THE SUBPOENAS by TAMIO SAITO #533 Emergency MOTION for Leave to File PRO SE DEFENDANT TAMIO SAITOS EMERGENCY REQUEST FOR LEAVE TO FILE MOTION TO COMPEL PRODUCTION OF EXPERT DOCUMENTS AND MATERIALS SUBPOENAED FROM PLAINTIFFS EXPERT WITNESSES ON JULY 28, 2014 WHICH PLAINTIFFS EXPERT W filed by TAMIO SAITO. (Attachments: #1 Certificate of Service Exhibit 1-1.) Subpoena to Expert Witness IDTP, #2 Certificate of Service Exhibit 1-2.) Subpoena to IDTP Expert Witness Michael McCabe, #3 Certificate of Service Exhibit 1-3.) Subpoena to IDTP Expert Witness Gerald Smith, #4 Certificate of Service Exhibit 1-4.) Subpoena to IDTP Expert Witness Thomas Greiner, #5 Exhibit Exhibit 4-A.) Deposition of IDTP Expert Witness Michael McCabe, #6 Exhibit Exhibit 4-B.) Deposition of IDTP Expert Witness Gerald Smith, #7 Exhibit Exhibit 4-C.) Deposition of IDTP Expert Witness Thomas Greiner, #8 Exhibit Exhibit 7.) Expert Exponent Test and Evaluation Report)(GRACE, MARY)
October 13, 2014 Filing 533 Emergency MOTION for Leave to File PRO SE DEFENDANT TAMIO SAITOS EMERGENCY REQUEST FOR LEAVE TO FILE MOTION TO COMPEL PRODUCTION OF EXPERT DOCUMENTS AND MATERIALS SUBPOENAED FROM PLAINTIFFS EXPERT WITNESSES ON JULY 28, 2014 WHICH PLAINTIFFS EXPERT WITNESSES FAILED TO PRODUCE AT DEPOSITIONS, AND WHICH THEY PROMISED AT THE DEPOSITION, ON THE RECORD, THAT THEY WOULD PRODUCE TO PRO SE DEFENDANT, BUT AFTER MEET AND CONFERS PLAINTIFF EXPERT WITNESS HAVE FAILED TO COMPLY AND ARE IN VIOLATION OF THE SUBPOENAS by TAMIO SAITO (Attachments: #1 Text of Proposed Order Text of Proposed Order)(GRACE, MARY)
October 13, 2014 Filing 532 Emergency MOTION for Extension of Time to File Response/Reply PRO SE DEFENDANT TAMIO SAITOS EMERGENCY MOTION TO REQUEST AN EXTENSION OF TIME FOR LEAVE TO FILE MOTION TO COMPEL PRODUCTION OF EXPERT DOCUMENTS AND MATERIALS SUBPOENAED FROM PLAINTIFFS EXPERT WITNESSES ON JULY 28, 2014 WHICH PLAINTIFFS EXPERT WITNESSES FAILED TO PRODUCE AT DEPOSITIONS, AND WHICH THEY PROMISED AT THE DEPOSITION, ON THE RECORD, THAT THEY WOULD PRODUCE TO PRO SE DEFENDANT, BUT AFTER MEET AND CONFERS PLAINTIFF EXPERT WITNESS HAVE FAILED TO COMPLY AND ARE IN VIOLATION OF THE SUBPOENAS AND THE WITHHELD DOCUMENTS AND MATERIALS ARE NEEDED AND NECESSARY FOR PRO SE DEFENDANTS REPLY by TAMIO SAITO (Attachments: #1 Text of Proposed Order Text of Proposed Order)(GRACE, MARY)
October 11, 2014 Filing 531 NOTICE of Nonavailability by ROBERT J. ROWEN (ROWEN, ROBERT)
October 9, 2014 Filing 530 REPLY to opposition to motion re #514 First MOTION to Strike #504 Notice (Other), #506 Errata,, #505 Errata,,, #510 Errata, #507 Errata,, #513 Errata,,,,,,,,, #502 Notice (Other),, #511 Errata, #508 Errata,,,, filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Guido, Kenneth)
October 3, 2014 Filing 528 LARGE ADDITIONAL ATTACHMENT(S) PRO SE DEFENDANT TAMIO SAITO S OPPOSITION TO PLAINTIFFS MOTION TO STRIKE PRO SE DEFENDANT TAMIO SAITOS (PURPORTED & NON- EXISTENT) THIRD AND FORTH MOTION FOR SUMMARY JUDGMENT AGAINST PLAINTIFF AND OPPOSITION TO PLAINTIFFS MOTION FOR SUMMARY JUDGMENT by TAMIO SAITO #524 Response to motion,, filed by MARY A. GRACE. (Attachments: #1 Statement of Facts Exhibit 2.) ATTACHMENT A-2. ATTACHMENT A Part 2 Pro Se Defendant Tamio Saito'A StatementS of Undisputed Material Facts, #2 Statement of Facts EXHIBIT 3.) ATTACHMENT A-2B.). ATTACHMEN A. Part 2 -B.) SOF 30. Tamio Saito Bi, #3 Statement of Facts A-2B.). ATTACHMEN A. Part 2 -B.) SOF 30. Tamio Saito BiO, #4 Statement of Facts EHIBIT 2.) PART 2A. Defendant Tamio Saito Statements of Undisputed Material Facts Part 2A)(GRACE, MARY)
October 2, 2014 Filing 529 Memorandum in opposition to defendant TAMIO SAITO's #497 MOTION for Summary Judgment Amended 2 filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (See docket entry #522 to view documents) (ztnr, )
October 2, 2014 Filing 527 LARGE ADDITIONAL ATTACHMENT(S) PRO SE DEFENDANT TAMIO SAITO S OPPOSITION TO PLAINTIFFS MOTION TO STRIKE PRO SE DEFENDANT TAMIO SAITOS (PURPORTED & NON- EXISTENT) THIRD AND FORTH MOTION FOR SUMMARY JUDGMENT AGAINST PLAINTIFF AND OPPOSITION TO PLAINTIFFS MOTION FOR SUMMARY JUDGMENT by TAMIO SAITO #524 Response to motion,, filed by MARY A. GRACE. (Attachments: #1 Statement of Facts EXHIBIT 2.) 1A DEFENDANT TAMIO SAITO'S STATEMENTS OF UNDISPUTED MATERIAL FACTS PART 1A, #2 Statement of Facts EXHIBIT 2.) 3A. DEFENDANT TAMIO SAITO'S STATEMENTS OF UNDISPUTED MATERIAL FACTS PART A, #3 Statement of Facts EXHIBIT2). 4A.pt.1 DEFENDANT TAMIO SAITO'S STATEMENTS OF UNDISPUTED MATERIAL FACTS PART 4A. pt. 1, #4 Statement of Facts EXHIBIT 2.) 4A. pt. 2DEFENDANT TAMIO SAITO'S STATEMENTS OF UNDISPUTED MATERIAL FACTS PART 4A pt. 2)(GRACE, MARY)
October 2, 2014 Filing 526 LARGE ADDITIONAL ATTACHMENT(S) PRO SE DEFENDANT TAMIO SAITO S OPPOSITION TO PLAINTIFFS MOTION TO STRIKE PRO SE DEFENDANT TAMIO SAITOS (PURPORTED & NON- EXISTENT) THIRD AND FORTH MOTION FOR SUMMARY JUDGMENT AGAINST PLAINTIFF AND OPPOSITION TO PLAINTIFFS MOTION FOR SUMMARY JUDGMENT by TAMIO SAITO #524 Response to motion,, filed by MARY A. GRACE. (Attachments: #1 Statement of Facts EXHIBIT 2A. ATTACHMENT A.-1 DEFENDANT TAMIO SAITO'S STATEMENTS OF UNDISPUTED MATERIAL FACTS)(GRACE, MARY)
October 2, 2014 Filing 525 LARGE ADDITIONAL ATTACHMENT(S) PRO SE DEFENDANT TAMIO SAITO S OPPOSITION TO PLAINTIFFS MOTION TO STRIKE PRO SE DEFENDANT TAMIO SAITOS (PURPORTED & NON- EXISTENT) THIRD AND FORTH MOTION FOR SUMMARY JUDGMENT AGAINST PLAINTIFF AND OPPOSITION TO PLAINTIFFS MOTION FOR SUMMARY JUDGMENT (correction of word Appendix on docs by TAMIO SAITO #524 Response to motion,, filed by MARY A. GRACE. (Attachments: #1 Exhibit EXHIBIT INDEX, #2 Appendix ATTACHMENT A - APPENDIX - ARGUMENT - pg. 16-19)(GRACE, MARY)
October 2, 2014 Filing 524 RESPONSE re #514 First MOTION to Strike #504 Notice (Other), #506 Errata,, #505 Errata,,, #510 Errata, #507 Errata,, #513 Errata,,,,,,,,, #502 Notice (Other),, #511 Errata, #508 Errata,,,, PRO SE DEFENDANT MARY GRACES RESPONSE AND OPPOSITION TO PLAINTIFFS INACCURATELY NAMING PRO SE DEFENDANT GRACE AS A PARTY TO PLAINTIFFS MOTION TO STRIKE PRO SE DEFENDANT TAMIO SAITOS (PURPORTED & NON- EXISTENT) THIRD AND FORTH MOTION FOR SUMMARY JUDGMENT AGAINST PLAINTIFF AND OPPOSITION TO PLAINTIFFS MOTION FOR SUMMARY JUDGMENT WHICH PRO SE DEFENDANT MARY GRACE IS NOT A PARTY TO NOR IS DKT. 510 AND 511 FILINGS IN SUPPORT OF MARY GRACES MOTION TO SEAL TO SEAL DOCUMENTS filed by MARY A. GRACE. (GRACE, MARY)
October 2, 2014 Filing 523 RESPONSE re #514 First MOTION to Strike #504 Notice (Other), #506 Errata,, #505 Errata,,, #510 Errata, #507 Errata,, #513 Errata,,,,,,,,, #502 Notice (Other),, #511 Errata, #508 Errata,,,, PRO SE DEFENDANT TAMIO SAITO S OPPOSITION TO PLAINTIFFS MOTION TO STRIKE PRO SE DEFENDANT TAMIO SAITOS (PURPORTED & NON- EXISTENT) THIRD AND FORTH MOTION FOR SUMMARY JUDGMENT AGAINST PLAINTIFF AND OPPOSITION TO PLAINTIFFS MOTION FOR SUMMARY JUDGMENT filed by TAMIO SAITO. (Attachments: #1 Exhibit EXHIBIT INDES, #2 Declaration Declaration of Tamio Saito as to Authenticity of Documents, #3 Declaration Declaration of Mary Grace in Support of pro se defendant Tamio Saito's Opposition to Plaintiff's Motion to Strike, #4 Text of Proposed Order ORDER (Proposed Text)., #5 Exhibit Notice of Filing - EXHIBIT 6A, 6B, 6C, 7B AND 8E, 8F & 8G, #6 Appendix ATTACHMENT A - BIBLIOGRAPHY - ARGUMENT - pg. 16-19, #7 Exhibit XHIBIT 3-1.) ID Technology Partners- Subpoena T. Saito Pro Se, #8 Exhibit EXHIBIT 3-2.) Michael McCabe Subpoena T. Saito Pro Se, #9 Exhibit EXHIBIT 3-3.) Gerry Smith Subpoena T. Saito Pro Se, #10 Exhibit EXHIBIT 3-4.) Thomas Grenier Subpoena T. Saito Pro Se., #11 Exhibit Exhibit 3A Documents & Materials Subpoenaed, #12 Exhibit EXHIBIT 3B Attachment 'A' photo fo Ruler, #13 Exhibit EXHIBIT 4. PLAINTIFF'S COUNSEL INSTRUCTS WITNESS NOT TO ANSWER AT DEPOSITION, #14 Exhibit XHIBIT 5A.) Deposition of Michael McCabe 0801e-Smart-McCabe-, #15 Exhibit EXHIBIT 5B.) Deposition of Thomas Greiner 0731e-Smart-Grenier-1, #16 Exhibit XHIBIT 5C.) Deposition of Gerald Smith 0731e-Smart-Smith, #17 Exhibit EXHIBIT 7A Pg. 65 K.Guido Yelling "Keep Your Mouth Shut"., #18 Exhibit EXHIBIT 8A. Declaration of Defendant's Expert Dr. Behnam Bavarian PH.D, #19 Exhibit EXHIBIT 8B.) Bio of Dr. Behnam Bavarian Ph.D & AFIS & Biometrics Experience, #20 Exhibit Exhibit 8C. Excerpts of Testimony Dr. B. Bavarian PhD, #21 Exhibit Exhibit 8D. Deposition of Dr. Behnam Bavarian)(GRACE, MARY)
October 2, 2014 Filing 522 REPLY to opposition to motion re #388 First MOTION for Summary Judgment Against Tamio Saito, [ filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Statement of Facts, #2 Declaration, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit)(Guido, Kenneth) Modified on 10/6/2014 (jf, ).
September 24, 2014 Filing 521 NOTICE OF FILING REDACTED DOCUMENT to #497 MOTION for Summary Judgment Amended 2 - pro se DEFENDANT TAMIO SAITO MOTION FOR SUMMARY JUDGMENT AGAINST PLAINTIFF AND OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AGAINST TAMIO SAITO IRS WAGE AND INCOME TRANSCRIPT FOR TAMIO SAITO - WITH REDACTION OF SOCIAL SECURITY NO & BANK ACCOUNT NO'S by TAMIO SAITO (The original PDF Document contained privacy information and was restricted pursuant to the E-Government Act.) (Attachments: #1 Exhibit 1. EX. 25-A. i. and ii. - 1, #2 Exhibit 2. EX. 25-A. i. and ii. - 2, #3 Exhibit 3. EX. 25-A. i. and ii. - 3, #4 Exhibit 4. EX. 25-A. i. and ii. - 4, #5 Exhibit 5. EX. 25-A. i. and ii. - 5, #6 Exhibit 6. EX. 25-A. i. and ii. - 6, #7 Exhibit 7 EX. 25-A. i. and ii. - 7, #8 Exhibit 8. EX. 25-A. i. and ii. - 8, #9 Exhibit 9. EX. 25-A. i. and ii. -, #10 Exhibit 10. EX. 25-A. i. and ii. - 10, #11 Exhibit 11. EX. 25-A. i. and ii. - 11, #12 Exhibit 12. EX. 25-A. i. and ii. - 12, #13 Exhibit 13. EX. 25-A. i. and ii. - 13, #14 Exhibit 14. EX. 25-A. i. and ii. - 14, #15 Exhibit 15. EX. 25-A. i. and ii. - 15, #16 Exhibit 16. EX. 25-A. i. and ii. - 16, #17 Exhibit 17. EX. 25-A. i. and ii. - 17, #18 Exhibit 18. EX. 25-A. i. and ii. - 18, #19 Exhibit 19. EX. 25-A. i. and ii. - 19, #20 Exhibit 20. EX. 25-A. i. and ii. - 20, #21 Exhibit 21. EX. 25-A. i. and ii. - 21, #22 Exhibit 22. EX. 25-A. i. and ii. - 22, #23 Exhibit 23. EX. 25-A. i. and ii. - 23, #24 Exhibit 24. EX. 25-A. i. and ii. - 24, #25 Exhibit 25. EX. 25-A. i. and ii. - 25, #26 Exhibit 26. EX. 25-A. i. and ii. - 26)(GRACE, MARY)
September 24, 2014 Filing 520 NOTICE of Change of Address by TAMIO SAITO (GRACE, MARY)
September 22, 2014 Filing 519 NOTICE Notice of docket number error of Amended 2 Motion 496 and 497 in Court Order of 9/11/2014 - by TAMIO SAITO (Attachments: #1 Superior Court Documents Notice of docket no error of Amended 2 Motion 496 and 497 in Court Order of 9/11/2014)(GRACE, MARY)
September 22, 2014 Filing 518 NOTICE Errata for Motion for Leave to File Documents Under Seal by MARY A. GRACE re #489 Amended MOTION for Leave to File Motion to File Documents Under Seal (Attachments: #1 Errata Notice of Errata for Defendant's Motion to File Documents Under Seal Dkt. 489, #2 Exhibit Exhibit 4 SEC Investigation Transcript of Elliot H. Cole)(GRACE, MARY)
September 18, 2014 Filing 517 STRICKEN PURSUANT TO ORDER #560 . . . . .ERRATA Notice of Errata for Tamio Saito Amended Motion for Summary Judgment and Opposition Against Plaintiff's Motion for Summary Judgmente by TAMIO SAITO #497 MOTION for Summary Judgment Amended 2 - pro se DEFENDANT TAMIO SAITO MOTION FOR SUMMARY JUDGMENT AGAINST PLAINTIFF AND OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AGAINST TAMIO SAITO filed by TAMIO SAITO. (Attachments: #1 Exhibit 14-1.) CIVITAS - RICK GORDON -10 CARDS SENT TO CIVITAS., #2 Errata 14-2.) CIVITAS - RICK GORDON - CARDS SENT - It works, #3 Exhibit 4-3.) CIVITAS - RICK GORDO - REP - 10 CARDS SENT ALL WORK FINE EXCEPT ONE - RICKS, #4 Errata 14-4.) CIVITAS - RICK GORDON - CARDS SENT - It works, #5 Exhibit 14-5.) CIVITAS - RICK GORDON - REP -, #6 Exhibit 14-6.) CIVITAS - RICK GORDON - REP -, #7 Exhibit 14-7.)CIVITAS - RICK GORDON - REP., #8 Exhibit 14-8.) CIVITAS - RICK GORDON - REP., #9 Exhibit 14-9.) CIVITAS - RICK GORDON - eSmart Status Report(5_12_08).pdf, #10 Errata 14-10.) CIVITAS - RICK GORDON - REP -, #11 Exhibit 14-11.) CIVITAS - RICK GORDON - REP, #12 Exhibit 14-12.) CIVITAS - RICK GORDON - REP -, #13 Errata 14-13.) CIVITAS - RICK GORDON - REPUpdate., #14 Exhibit 14-14.) CIVITAS - RICK GORDON -REP, #15 Exhibit 14-15.) CIVITAS - RICK GORDON REP., #16 Exhibit 14. CIVITAS E-MAILS THAT DISPUTE & PROVE FALSE PL.SOF 69,, 79-85, #17 Errata NOTICE OF FILING OF ERRATA FOR PRO SE DEFENDANT TAMIO SAITO'S MOTION FOR SUMMARY JUDGMENT AND OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT)(GRACE, MARY) Modified on 10/28/2014 (td, ).
September 18, 2014 Filing 516 STRICKEN PURSUANT TO ORDER #560 . . . . .ERRATA Notice of Errata for Tamio Saito Amended Motion for Summary Judgment and Opposition Against Plaintiff's Motion for Summary Judgmente by TAMIO SAITO #497 MOTION for Summary Judgment Amended 2 - pro se DEFENDANT TAMIO SAITO MOTION FOR SUMMARY JUDGMENT AGAINST PLAINTIFF AND OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AGAINST TAMIO SAITO filed by TAMIO SAITO. (Attachments: #1 Exhibit 15-A-1. Not a June 2, 2008 (SOF #16 )Pressrelease asl alleged in Plaintiff Statement of Fact Attachment 18, #2 Exhibit 15-A-2.) Counsel Fritz e-mail approving draft of K.O'Meara jan 7, 2008 for Jan 8, 2008 Press Release TSaito not cc'd, #3 Exhibit 15-A-3.) NEWYORK1_31026238_1.doc Counsel Fritz Final Approved Draft of Jan 8, 2008 P, #4 Errata 15-B.) Nov. 4, 2008 11-3-08 (PL. SOF 17)email to counsel to approve - TSaito not quoted or cc'd re URGENT Paris Revised Release., #5 Exhibit 15-B-2.) Final Press Release Drafted by kO'Meara- Approved by counsel Frits - not cc'd to T.Saito- not quote T Saito -Attachment 18, #6 Exhibit 16.) Declaration of Kelly O'Meara re Press Release Draft and Approval Procedure, #7 Exhibit 19-B-1.)Drizin Hacking Quesrioned on e-mails taken from e-Smart server two months after his termination - resignation., #8 Exhibit 19-B-2.) Hacked e-mails by Wayne Drizin - Ken Wolkoff., #9 Exhibit 22-F-2a.) Letter from Shareholder to Judge Patel.pdf, #10 Exhibit 23-A.)IVI DID NOT HIRE A.CLISHAM - HE WAS ON 'LOAN OUT' FROM BRIGHTSIDE", #11 Exhibit 23-B.)Clisham REPORT- ***DO NOT FORWARD TO MARY***, #12 Exhibit 23-C.)Clisham terminated by brightside not e-smart - never hired by IV)(GRACE, MARY) Modified on 10/28/2014 (td, ).
September 18, 2014 Filing 515 ERRATA Corrected filing for Motion for Leave to File Motion to Dile Documents Under Seal by MARY A. GRACE #489 Amended MOTION for Leave to File Motion to File Documents Under Seal filed by MARY A. GRACE. (Attachments: #1 Declaration Declaration of counsel Maranda Fritz re Defendant Trade Secrets in cases where Trade Secret Declarations at issue were filed Under Seal, #2 Exhibit 2.) pg. 1 Admission of Defendant's Trade Secrets by Plaintiff's two witnesses - who admit they stole them in this e-mail, #3 Exhibit 2.) pg. 2 Admission of Defendant's Trade Secrets by Plaintiff's two witnesses - who admit they stole them in this e-mail)(GRACE, MARY)
September 18, 2014 Filing 514 First MOTION to Strike #504 Notice (Other), #506 Errata,, #505 Errata,,, #510 Errata, #507 Errata,, #513 Errata,,,,,,,,, #502 Notice (Other),, #511 Errata, #508 Errata,,,, by U.S. SECURITIES AND EXCHANGE COMMISSION (Guido, Kenneth)
September 17, 2014 Filing 513 STRICKEN PURSUANT TO ORDER #560 . . . . .ERRATA Notice of Errata for Defendant Tamio Saito Motion for Summary Judgment Against Plaintiff and Opposition to Plaintiff's Motion for Summary Judgment Against Tamio Saito by TAMIO SAITO #497 MOTION for Summary Judgment Amended 2 - pro se DEFENDANT TAMIO SAITO MOTION FOR SUMMARY JUDGMENT AGAINST PLAINTIFF AND OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AGAINST TAMIO SAITO filed by TAMIO SAITO. (Attachments: #1 Errata [Corrected]Notice of Filing Errata, #2 Errata 4A. Deposition of Plaintiff 'purported' Expert Witness Gerald Smith, #3 Errata 4B. Deposition of Plaintiff 'purported' Expert Witness Thomas Griener, #4 Exhibit 4C. Deposition of Plaintiff 'purported' Expert Witness Michael McCabe, #5 Exhibit 7.- Exponent Executive Summary of Test and Evaluation Report of Defendant's smart cards, #6 Errata 7-A.) Bio of Exponent's Lead Engineer, #7 Errata 7B. Exponent Background & Expertise., #8 Exhibit 11-A -1.) Barrett's final Aug. 16 Edits - e-mail & 10K draft approved line by line, #9 Errata 19 C.-1.) W.Drizin -Card Flawless April 6, 2004 Drizin e-mails, #10 Errata 21.-1. R.BARRETT DEC. 19, 2006 RE. E-SMART STOLEN & DELETED FILES BY FELON, #11 Errata 22-A - RBarrett 1 e-mail with Prelim Business Plan and Development Budget attached, #12 Exhibit 22-A-1.) RBarrett January 6, 2007 e-mail with Prelim Business Plan and Development Budget., #13 Exhibit 22-A-2.) Jan 6, 2007 RB Esmart Development Plan, #14 Exhibit 22-A-2.) Jan 6, 2007 RB Esmart Development Plan, #15 Exhibit 22-B-1.RBarrett July 15, 2007 e-mail with Short Term Sales Plan, #16 Errata 22-B-2.) RBarrett July 15, 2007 ESK Short Term Sales Plan, #17 Exhibit 2-C-1.) RBarrett August 28, 2007 e-mail with August 25, 2007 Business Plan, #18 Exhibit 22-C-2.) RBarrett aug. 25, 2007 e-Smart Business Plan r1.pdf, #19 Exhibit 22-D.) RBarrett Sept. 25, 2007 - author Barrett -Final e-Smart Executive Summary & Korea Business Plan, #20 Errata 22-E. RBarrett Aug. 21, 2007 Progress Report _ Productive Day/ delivering 3000 cards.pdf, #21 Errata 22-F-2-A.) Barrett Vol. II.pdf, #22 Exhibit 22-F-2-B.) Barrett Deposition January24 2008 esmart v drizin BarrettV3-2., #23 Declaration 22-F-3.) Declaration of counsel Maranda E Fritz.)(GRACE, MARY) Modified on 10/28/2014 (td, ).
September 17, 2014 Filing 511 ERRATA Declaration re Trade Secrets - Filed Under Seal in No. & So. Ca. cases other cases by MARY A. GRACE #501 Reply to opposition to Motion,,, filed by MARY A. GRACE. (Attachments: #1 Declaration 2C. Declaration of counsel Maranda Fritz - Re;Trade Secrets filed under seal in No. & So. Ca. cases)(GRACE, MARY)
September 17, 2014 Filing 510 ERRATA Declaration re Trade Secrets - subject of Motion to File Under Seal by MARY A. GRACE #489 Amended MOTION for Leave to File Motion to File Documents Under Seal filed by MARY A. GRACE. (Attachments: #1 Declaration 2C. Declaration of Counsel Maranda Fritz re Trade Secrets in cases - No. & So. California cases)(GRACE, MARY)
September 17, 2014 Filing 509 NOTICE re Intent Not To File Certain Reply Briefs and To Clarify a Pleading by U.S. SECURITIES AND EXCHANGE COMMISSION (Maher, Daniel)
September 16, 2014 Filing 508 STRICKEN PURSUANT TO ORDER #560 . . . . .ERRATA ERRATA & CORRECTION OF EXHIBIT NO'S OF EXHIBITS PREVIOUSLY FILED by TAMIO SAITO #497 MOTION for Summary Judgment Amended 2 - pro se DEFENDANT TAMIO SAITO MOTION FOR SUMMARY JUDGMENT AGAINST PLAINTIFF AND OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AGAINST TAMIO SAITO filed by TAMIO SAITO. (Attachments: #1 Exhibit Exhibit 3 (corrected Exhibit no.), #2 Declaration Exhibit 3A. Declaration of William Sandler - Investor/Lender (corrected Exhibit no.), #3 Declaration Exhibit 3B. Declaration of Howard Wills - Investor/Lender(corrected Exhibit no.), #4 Declaration Exhibit 3C. Declaration of James Desmond - Investor/Lender (corrected Exhibit no.), #5 Exhibit Exhibit 3D. e-mails from Investor/Lender (corrected Exhibit no.), #6 Exhibit Exhibit 3 e-mails from Investor Lenders (Tamio Saito not cc's on Any) (corrected Exhibit no.), #7 Exhibit Exhibit 18A. R&D & Production Outsource Agreement with Tamio Saito's Company BBT from 2000 -2007, #8 Exhibit 18B. 2007 IVI Employment Agreement with Tamio Saito)(GRACE, MARY) Modified on 10/28/2014 (td, ).
September 16, 2014 Filing 507 ERRATA NoTICE OF ERRATA FOR MOTION FOR SUMMARY JUDGMENT OF TAMIO SAITO AGAINST PLAINTIFF AND OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT by TAMIO SAITO #497 MOTION for Summary Judgment Amended 2 - pro se DEFENDANT TAMIO SAITO MOTION FOR SUMMARY JUDGMENT AGAINST PLAINTIFF AND OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AGAINST TAMIO SAITO filed by TAMIO SAITO. (Attachments: #1 Errata Notice of ERRATA, #2 Exhibit Corrected EXHIBIT INDEX, #3 Statement of Facts ATTACHMENT A - STATEMENT OF UNDISPUTED MATERIAL FACT (reFiled in correct category))(GRACE, MARY)
September 16, 2014 Filing 506 STRICKEN PURSUANT TO ORDER #560 . . . . .ERRATA NOTICE OF ERRATA FOR MOTION FOR SUMMARY JUDGMENT OF TAMIO SAITO AGAINST PLAINTIFF AND OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT by TAMIO SAITO #497 MOTION for Summary Judgment Amended 2 - pro se DEFENDANT TAMIO SAITO MOTION FOR SUMMARY JUDGMENT AGAINST PLAINTIFF AND OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AGAINST TAMIO SAITO filed by TAMIO SAITO. (Attachments: #1 Errata NOTICE OF ERRATA, #2 Statement of Facts EXHIBIT 4A PT. 2 STATEMENT OF UNDISPUTED MATERIAL FACT)(GRACE, MARY) Modified on 10/28/2014 (td, ).
September 16, 2014 Filing 505 STRICKEN PURSUANT TO OREDER #560 . . . . .ERRATA NOTICE OF ERRATA FOR MOTION FOR SUMMARY JUDGMENT OF TAMIO SAITO AGAINST PLAINTIFF AND OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT by TAMIO SAITO #497 MOTION for Summary Judgment Amended 2 - pro se DEFENDANT TAMIO SAITO MOTION FOR SUMMARY JUDGMENT AGAINST PLAINTIFF AND OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AGAINST TAMIO SAITO filed by TAMIO SAITO. (Attachments: #1 Statement of Facts ATTACHMENT A-2 - STATEMENT OF UNDISPUTED MATERIAL FACTS, #2 Statement of Facts ATTACHMENT A-2B. - STATEMENT OF UNDISPUTED MATERIAL FACTS, #3 Statement of Facts EXHIBIT 1 STATEMENT OF UNDISPUTED MATERIAL FACT, #4 Statement of Facts EXHIBIT 1A. STATEMENT OF UNDISPUTED MATERIAL FACT, #5 Statement of Facts EXHIBIT 2A. STATEMENT OF UNDISPUTED MATERIAL FACT, #6 Statement of Facts EXHIBIT 3A. STATEMENT OF UNDISPUTED MATERIAL FACT, #7 Statement of Facts EXHIBIT 4A. STATEMENT OF UNDISPUTED MATERIAL FACT)(GRACE, MARY) Modified on 10/28/2014 (td, ).
September 16, 2014 Filing 504 NOTICE OF Filing Errata of documents filed with the first motions which were replaced by the Amended Motion & large files under 20MB pursuant to Notice for Defendant Tamio Saito's Motion for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment by TAMIO SAITO re #502 Notice (Other),, (Attachments: #1 Errata Notice of Errata, #2 Statement of Facts Attachment A - Pt.1 - STATEMENT OF UNDISPUTED MATERIAL FACTS)(GRACE, MARY)
September 16, 2014 Filing 503 ERRATA Exhibit ommitted to Reply to Plaintiff's Opposition to Mary Grace's Motion to Seal Documents by MARY A. GRACE #501 Reply to opposition to Motion,,, filed by MARY A. GRACE. (Attachments: #1 Exhibit 2B. 1st Page to Trade Secret Declaration of Tamio Saito April 22, 2007 - prepared by Richard Barrett with and for Tamio Saito)(GRACE, MARY)
September 16, 2014 Filing 502 NOTICE of Filing Errata on USB submitted to the Clerk of the Court for Defendant Tamio Saito's Motion for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment by TAMIO SAITO re #497 MOTION for Summary Judgment Amended 2 - pro se DEFENDANT TAMIO SAITO MOTION FOR SUMMARY JUDGMENT AGAINST PLAINTIFF AND OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AGAINST TAMIO SAITO (Attachments: #1 Declaration Declaration of Tamio Saito to Authenticity of Documents)(GRACE, MARY)
September 16, 2014 Filing 501 REPLY to opposition to motion re #488 MOTION for Leave to File Documents Under Seal which are part of and exhibits to Defendant's Experts Reports for Defendant Mary Grace and Tamio Saito- which portions of the documents are marked CONFIDENTIAL UNDER SEAL Pro Se Defendant Mary Grace and Pro Se Defendant Tamio Saito Reply to Plaintiff's Opposition to Defendant Mary Grace's Motion for Leave to File Documents Under Seal filed by MARY A. GRACE. (Attachments: #1 Exhibit 1. Cover Sheet Declaration of Dr. Behnam Bavarian PhD - Filed Under Seal, #2 Exhibit 2. Cover Sheet Declaration of Tamio Saito - Under Protective Order, #3 Exhibit 3.Cover Sheet Provisional Patent, #4 Exhibit 4. Counsel e-mail confirming Trade Secret Designation of Special Master of the Court, #5 Exhibit 5. Exponent Expert Report, #6 Declaration Declaration of Authenticity of Documents)(GRACE, MARY)
September 11, 2014 Filing 512 LEAVE TO FILE DENIED- Mary Grace's two envelopes with USB's regarding Errata's to no. 437, 475, 476 and 479 This document is unavailable as the Court denied its filing.. Signed by Judge James E. Boasberg on 9/11/14. (td, )
September 11, 2014 Opinion or Order MINUTE ORDER: The Court ORDERS that Defendant Saito's #491 , #496 Motions for Summary Judgment are DENIED as moot given the #497 Amended Motion for Summary Judgment filed. Signed by Judge James E. Boasberg on 9/11/14. (lcjeb2)
September 11, 2014 USCA Case Number 14-5219 for #470 Notice of Interlocutory Appeal filed by MARY A. GRACE. (kb)
September 10, 2014 Filing 500 LARGE ADDITIONAL ATTACHMENT(S) Amended 2 - pro se DEFENDANT TAMIO SAITO MOTION FOR SUMMARY JUDGMENT AGAINST PLAINTIFF AND OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AGAINST TAMIO SAITO by TAMIO SAITO #497 MOTION for Summary Judgment Amended 2 - pro se DEFENDANT TAMIO SAITO MOTION FOR SUMMARY JUDGMENT AGAINST PLAINTIFF AND OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AGAINST TAMIO SAITO filed by TAMIO SAITO. (Attachments: #1 Statement of Facts Exhibit A - STATEMENT OF UNDISPUTED MATERIAL FACTS - part 1, #2 Declaration 5A. Declaration of Dr. Behnam Bavarian Ph.D. - Defendant Expert Witness, #3 Exhibit 5B. Bio of Dr. Behnam Bavarian, Ph.D. & Background of his Company - AFIS & BIOMETRICS, #4 Exhibit 10. 2007 10-KSB e-Smart, #5 Exhibit 11B. 2006 10_KSB e-Smart, #6 Exhibit 12A. 2006 10-KSBA e-Smart, #7 Exhibit 13B. 2005 10-KSB e-Smart)(GRACE, MARY)
September 10, 2014 Filing 499 LARGE ADDITIONAL ATTACHMENT(S) Amended 2 - pro se DEFENDANT TAMIO SAITO MOTION FOR SUMMARY JUDGMENT AGAINST PLAINTIFF AND OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AGAINST TAMIO SAITO by TAMIO SAITO #497 MOTION for Summary Judgment Amended 2 - pro se DEFENDANT TAMIO SAITO MOTION FOR SUMMARY JUDGMENT AGAINST PLAINTIFF AND OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AGAINST TAMIO SAITO filed by TAMIO SAITO. (Attachments: #1 Exhibit 7. Exponent Test & Evaluation Report, #2 Exhibit 8. Due Diligence Report)(GRACE, MARY)
September 10, 2014 Filing 498 LARGE ADDITIONAL ATTACHMENT(S) Amended 2 - pro se DEFENDANT TAMIO SAITO MOTION FOR SUMMARY JUDGMENT AGAINST PLAINTIFF AND OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AGAINST TAMIO SAITO by TAMIO SAITO #497 MOTION for Summary Judgment Amended 2 - pro se DEFENDANT TAMIO SAITO MOTION FOR SUMMARY JUDGMENT AGAINST PLAINTIFF AND OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AGAINST TAMIO SAITO filed by TAMIO SAITO. (Attachments: #1 Exhibit 1. Policies and Procedures Handbook for Defendant Companies, #2 Declaration 2A. Declaration of William Sandler re: CTO Tamio Saito, #3 Declaration 2B. Declaration of Howard Wills re: CTO Tamio Saito, #4 Declaration 2C. Declaration of James Desmond re: CTO Tamio Saito, #5 Exhibit 2D. e-Mail of Henry Mollett re CTO Tamio Saito, #6 Exhibit 2E. -Loan Recap of 2009-2011 Lenders (CTO Tamio Saito Not CC'd), #7 Declaration 2F. e-mails from 2009-2011 Lenders (Tamio Saito not CC'd), #8 Exhibit 17. Bio of Tamio Saito, #9 Exhibit 13-1.) Series of Wayne Drizin drafts of 2005 10K, #10 Exhibit 13-2.) Series of Wayne Drizin drafts of 2005 10K, #11 Exhibit 13-3.) Series of Wayne Drizin drafts of 2005 10K, #12 Exhibit 13-4.) Series of Wayne Drizin drafts of 2005 10K, #13 Exhibit 13-5.) Series of Wayne Drizin drafts of 2005 10K, #14 Exhibit 13-6.) Series of Wayne Drizin drafts of 2005 10K, #15 Exhibit 13-7.) Series of Wayne Drizin drafts of 2005 10K, #16 Exhibit 13-8.) Series of Wayne Drizin drafts of 2005 10K, #17 Exhibit 13-9.) Series of Wayne Drizin drafts of 2005 10K, #18 Exhibit 13-9b..) Series of Wayne Drizin drafts of 2005 10K, #19 Exhibit 13-9c..) Series of Wayne Drizin drafts of 2005 10K, #20 Exhibit 13-10.) Series of Wayne Drizin drafts of 2005 10K, #21 Exhibit 13-11. Wayne Drizin 2005 Answers to Ministry of Communications Thailand re e-Smart card)(GRACE, MARY)
September 10, 2014 Filing 497 MOTION for Summary Judgment Amended 2 - pro se DEFENDANT TAMIO SAITO MOTION FOR SUMMARY JUDGMENT AGAINST PLAINTIFF AND OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AGAINST TAMIO SAITO by TAMIO SAITO (Attachments: #1 Declaration Declaration of Tamio Saito to Authenticity of Documents, #2 Exhibit Index of Exhibits)(GRACE, MARY)
September 10, 2014 Filing 496 Amended MOTION for Summary Judgment Amended 2 - pro se DEFENDANT TAMIO SAITO MOTION FOR SUMMARY JUDGMENT AGAINST PLAINTIFF AND OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AGAINST TAMIO SAITO by TAMIO SAITO (Attachments: #1 Statement of Facts Exhibit A - STATEMENT OF UNDISPUTED MATERIAL FACTS - part 1)(GRACE, MARY)
September 10, 2014 Filing 494 ERRATA TO #491 . . . . . MOTION for Summary Judgment pro se Defendant Tamio Saito's Motion for Summary Judgment Against Plaintiff and Opposition to Plaintiff's Motion for Summary Judgment Against pro se Defendant Tamio Saito - amended to correct inadvertent error and exhibit numbers by TAMIO SAITO (GRACE, MARY) Modified on 9/10/2014 (td, ).
September 10, 2014 Filing 493 ERRATA TO #491 . . . . MOTION for Summary Judgment Pro se Defendant Tamio Saito's Motion for Summary Judgment Against Plaintiff and Opposition to Plaintiff's Motion for Summary Judgment Against pro se Defendant Tamio Saito by TAMIO SAITO (Attachments: #1 Statement of Facts 3A. PRO SE DEFENDANT STATEMENT OF UNDISPUTED MATERIAL FACTS PART 3A., #2 Statement of Facts 4A. PRO SE DEFENDANT STATEMENT OF UNDISPUTED MATERIAL FACTS PART 4A.)(GRACE, MARY) Modified on 9/10/2014 (td, ).
September 9, 2014 Filing 495 Memorandum in opposition to re #388 First MOTION for Summary Judgment Against Tamio Saito filed by TAMIO SAITO; (See docket entry no. #491 to view document) (td, )
September 9, 2014 Filing 492 ERRATA TO #491 MOTION for Summary Judgment Pro se Defendant Tamio Saito's Motion for Summary Judgment Against Plaintiff and Opposition to Plaintiff's Motion for Summary Judgment Against pro se Defendant Tamio Saito by TAMIO SAITO (Attachments: #1 Statement of Facts DEFENDANT'S STATEMENT OF UNDISPUTED MATERIAL FACTS - PART 1A)(GRACE, MARY) Modified on 9/10/2014 (td, ).
September 9, 2014 Filing 491 MOTION for Summary Judgment pro se Defendant Tamio Saito's Motion for Summary Judgment Against Plaintiff and Opposition to Plaintiff's Motion for Summary Judgment Against pro se Defendant Tamio Saito by TAMIO SAITO (GRACE, MARY)
September 9, 2014 Filing 490 Memorandum in opposition to re #488 MOTION for Leave to File Documents Under Seal which are part of and exhibits to Defendant's Experts Reports for Defendant Mary Grace and Tamio Saito- which portions of the documents are marked CONFIDENTIAL UNDER SEAL, #489 Amended MOTION for Leave to File Motion to File Documents Under Seal filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Guido, Kenneth)
September 4, 2014 Filing 489 Amended MOTION for Leave to File Motion to File Documents Under Seal by MARY A. GRACE (Attachments: #1 Exhibit Exhibit 1 - Proof of Document Filed Under Seal, #2 Declaration Exhibit 2 - Declaration of Dr. Behnam Bavarian Ph.D, #3 Exhibit Exhibit 3 - Short Bio of Dr. Behnam Bavarian PhD., #4 Text of Proposed Order Text of Proposed Order)(GRACE, MARY)
September 4, 2014 Filing 488 MOTION for Leave to File Documents Under Seal which are part of and exhibits to Defendant's Experts Reports for Defendant Mary Grace and Tamio Saito- which portions of the documents are marked CONFIDENTIAL UNDER SEAL by MARY A. GRACE (Attachments: #1 Text of Proposed Order Text of Proposed Order)(GRACE, MARY)
September 4, 2014 Filing 487 LARGE ADDITIONAL ATTACHMENT(S) AMENDED PRO SE DEFENDANT'S MARY GRACE AND TAMIO SAITO'S OPPOSITION TO PLAINTIFF'S MOTION TO STRIKE DEFENDANT'S EXPERTS AND EXPERTS REPORTS by MARY A. GRACE #486 Large Additional Attachment(s),,, filed by MARY A. GRACE. (Attachments: #1 Exhibit Exhibit 8. CEO Mary Grace Non-Technical & Non-Expert Background& Why CEO GraceNeeds Experts Reports and Experts Testimony, #2 Exhibit 8-1.) Exhibit 8-1.). CEO Mary Grace Non-Technical & Non-Expert Background& Why CEO GraceNeeds Experts Reports and Experts Testimony, #3 Exhibit 8-2.) Exhibit 8-2.). CEO Mary Grace Non-Technical & Non-Expert Background& Why CEO GraceNeeds Experts Reports and Experts Testimony, #4 Exhibit 8-3.) Exhibit 83.) CEO Mary Grace Non-Technical & Non-Expert Background& Why CEO GraceNeeds Experts Reports and Experts Testimony, #5 Exhibit 8-4.) Exhibit 8-4.) CEO Mary Grace Non-Technical & Non-Expert Background& Why CEO GraceNeeds Experts Reports and Experts Testimony, #6 Exhibit 8-5.) Exhibit 8-5.) CEO Mary Grace Non-Technical & Non-Expert Background& Why CEO GraceNeeds Experts Reports and Experts Testimony, #7 Exhibit 8-6.) Exhibit 8-6.) CEO Mary Grace Non-Technical & Non-Expert Background& Why CEO GraceNeeds Experts Reports and Experts Testimony, #8 Exhibit 8-7.)Exhibit 8-7.) CEO Mary Grace Non-Technical & Non-Expert Background& Why CEO GraceNeeds Experts Reports and Experts Testimony, #9 Exhibit 8-8.) Exhibit8-8.) CEO Mary Grace Non-Technical & Non-Expert Background& Why CEO GraceNeeds Experts Reports and Experts Testimony, #10 Exhibit 8-9.) Exhibit 8-9.) CEO Mary Grace Non-Technical & Non-Expert Background& Why CEO GraceNeeds Experts Reports and Experts Testimony, #11 Exhibit 8-10.) Exhibit 8-10.) CEO Mary Grace Non-Technical & Non-Expert Background& Why CEO GraceNeeds Experts Reports and Experts Testimony, #12 Exhibit 8-11.) Exhibit 8-11.)CEO Mary Grace Non-Technical & Non-Expert Background& Why CEO GraceNeeds Experts Reports and Experts Testimony)(GRACE, MARY)
September 4, 2014 Opinion or Order MINUTE ORDER: Defendant Grace's #472 Amended Motion is DENIED as moot given the Minute Order of September 2, 2014. Signed by Judge James E. Boasberg on 9/4/14. (lcjeb2)
September 4, 2014 Opinion or Order MINUTE ORDER: Defendants' #488 Motion to Seal is DENIED WITHOUT PREJUDICE for failure to comply with LCvR 7(m). Signed by Judge James E. Boasberg on 9/4/14. (lcjeb2)
September 3, 2014 Filing 486 LARGE ADDITIONAL ATTACHMENT(S) Pro Se Defendant's Mary Grace and Tamio Saito's Opposition to Plaintiff's Motion to Strike Defendant's Experts and Experts Reports by MARY A. GRACE #485 Large Additional Attachment(s),,, filed by MARY A. GRACE. (Attachments: #1 Exhibit 7-1A.)10KA 2005 10KA Ap. 30, 2007 - NO CHANGES TO THE TECHNOLOGY DESCRIPTION, #2 Exhibit *7-2A.) 2005 10KA. - Fritz AmendFw_ DRAFT RESPONSE to Aug 17, 2007 Letter of Comment, #3 Exhibit 7-3. ) 2005 10K & 10K - IDENTICAL TECHNOLOGY TEXT DESCRIPTION - WORD FOR WORD EXACTLY THE SAME, #4 Exhibit 7- 4-1. 2005 10KA - E-SMART TECHNOLOGIES INC (Form/ 10KSB, Received/ 10/24/2007 13/28/56), #5 Exhibit 7-4-2. 10K. 2005 10K Word)(GRACE, MARY)
September 3, 2014 Filing 485 LARGE ADDITIONAL ATTACHMENT(S) AMENDED PRO SE DEFENDANT'S MARY GRACE AND TAMIO SAITO'S OPPOSITION TO PLAINTIFF'S MOTION TO STRIKE DEFENDANT'S EXPERTS AND EXPERTS REPORTS by MARY A. GRACE #484 Large Additional Attachment(s),, filed by MARY A. GRACE. (Attachments: #1 Statement of Facts 3B-1A Defendant Mary Grace Statement of Undisputed Material Facts, #2 Statement of Facts 3B-2A Defendant's Statement of Undisputed Material Facts Part 2A, #3 Statement of Facts 3B-4A Pt. 1. Defendants Statement of Undisputed Material Fact 4A- PT. 1- PG.1-44, #4 Statement of Facts 3B-4A-Pt. 2. Statement of Undisputed Material Facts Pt. 2, #5 3B-3A Defendant's Statement of Undisputed Material Facts Pt. 3)(GRACE, MARY)
September 3, 2014 Filing 484 LARGE ADDITIONAL ATTACHMENT(S) AMENDED PRO SE DEFENDANT'S MARY GRACE AND TAMIO SAITO'S OPPOSITION TO PLAINTIFF'S MOTION TO STRIKE DEFENDANT'S EXPERTS AND EXPERTS REPORTS by MARY A. GRACE #483 Large Additional Attachment(s),,,, filed by MARY A. GRACE. (Attachments: #1 Statement of Facts 3B-1. Statement of Undisputed Material Facts, #2 Statement of Facts 3B-2. Statement of Undisputed Material Facts Pt.2, #3 Statement of Facts 3B-3. Statement of Undisputed Material Facts, #4 Statement of Facts 3B-4. Statement of Undisputed Facts - Part 4, #5 Statement of Facts 3B-5. Statement of Undisputed Material Facts No. 5)(GRACE, MARY)
September 3, 2014 Filing 483 LARGE ADDITIONAL ATTACHMENT(S) AMENDED PRO SE DEFENDANT'S MARY GRACE AND TAMIO SAITO'S OPPOSITION TO PLAINTIFF'S MOTION TO STRIKE DEFENDANT'S EXPERTS AND EXPERTS REPORTS by MARY A. GRACE #480 Errata, filed by MARY A. GRACE. (Attachments: #1 Exhibit 3A-1. Wayne Drizin First Draft -10-KSB-05-FirstDraft, #2 Exhibit 3A-2. 10-KSB-05-FirstDraft, #3 Exhibit 3A-3. FIRST COMMENTS 10K, #4 Exhibit 3A-3. FIRST COMMENTS 10K, #5 Exhibit 3A-3. 10-KSB-05-FirstDraft-1.2 -, #6 Exhibit 3A.- 10-KSB-05-FirstDraft-1, #7 Exhibit 3A.- WD Draft 4 - 10K, #8 Exhibit 3A.-5. Wayne Drizin 10K Drafts Stewart Hung 10K Changes, #9 Exhibit 3A-6. Wayne Drizin 10K drafts, #10 Exhibit 3A.-7. Wayme Drizin 10-K-Draft3-3-30, #11 Exhibit 3A.-Wayne Drizin 10K Drafts10k, #12 Exhibit 3A.-8. Wayne Drizin 10K DraftsNEWYORK1_31017620_1 vWD, #13 Exhibit 3A.-9. Wayne Drizin10K drafts, #14 Exhibit 3A.- Wayne Drizin's 10K Drafts MARANDAs LAST wWD comments, #15 Exhibit 3A.-9. Wayne Drizin's 10K Drafts MARANDAs LAST wWD comments.2, #16 Exhibit 3A.-10. Wayne Drizin 10Q Drafts QB back-up Data)(GRACE, MARY)
September 3, 2014 Filing 482 ERRATA Pro Se Defendant's Mary Grace and Tamio Saito's Opposition to Plaintiff's Motion to Strike Defendant's Experts and Experts Reports by MARY A. GRACE #476 Surreply, filed by MARY A. GRACE. (GRACE, MARY)
September 3, 2014 Filing 481 ERRATA Pro Se Defendant's Mary Grace and Tamio Saito's Opposition to Plaintiff's Motion to Strike Defendant's Experts and Experts Reports by MARY A. GRACE #476 Surreply, filed by MARY A. GRACE. (Attachments: #1 Exhibit 6.-4b.) EXPERT REPORT - CHAPTER 4 - Part 2)(GRACE, MARY)
September 3, 2014 Filing 480 ERRATA AMENDED PRO SE DEFENDANT'S MARY GRACE AND TAMIO SAITO'S OPPOSITION TO PLAINTIFF'S MOTION TO SRIKE DEFENDANT'S EXPERTS AND EXPERTS REPORTS by MARY A. GRACE. (Attachments: #1 Exhibit 6.-3. EXPERT REPORT -CHAPTER 2 - EXPONENT REPORT, #2 Exhibit 6-3A.) EXPERT REPORT- CHAPTER 3 - 1ST DECLARATION OF DR. BEHNAM BAVARIAN PH.D -(cover page), #3 Exhibit 6-3b.) EXPERT REPORT -CHAPTER 3 - 1ST DECLARATION OF DR. BEHNAM BAVARIAN PhD.)(GRACE, MARY)
September 3, 2014 Filing 479 RESPONSE re #434 MOTION to Strike #349 Large Additional Attachment(s),,, #348 Large Additional Attachment(s),,, #350 Large Additional Attachment(s),, #351 Large Additional Attachment(s),, #353 Large Additional Attachment(s),,,, #352 Large Additional Attac [AMENDED] PRO SE DEFENDANT'S MARY GRACE AND TAMIO SAITO'S OPPOSITION TO PLAINTIFF'S MOTION TO STRIKE DEFENDANT'S EXPERTS AND EXPERTS' REPORTS filed by MARY A. GRACE. (Attachments: #1 Exhibit 6.-3. EXPERT REPORT -CHAPTER 2 - EXPONENT REPORT, #2 Exhibit 6.-3a. EXPERT REPORT - CHAPTER 3 -DECLARATION OF DR. BEHNAM BAVARIAN Ph.D. (cover page), #3 Exhibit 6.3b.) EXPERT REPORT- CHAPTER 3 - 1ST DECLARATION OF DR. BEHNAM BAVARIAN PH.D. (UNDER SEAL))(GRACE, MARY)
September 3, 2014 Filing 478 ERRATA Pro Se Defendant's Mary Grace and Tamio Saito's Opposition to Plaintiff's Motion to Strike Defendant's Experts and Experts Reports by MARY A. GRACE #476 Surreply, filed by MARY A. GRACE. (Attachments: #1 Exhibit Exhibit 2B.) Bio of Marcello Soliven, #2 Exhibit 2C.) Bio of Teruhiko Tamori, #3 Exhibit 2D.) Bio of Kwan Hyung Lee, #4 Exhibit 2E._ Exponent Bios and Background Info, #5 Exhibit 6. Expert Report Chapter 5 -Specifications)(GRACE, MARY)
September 3, 2014 Filing 477 ERRATA Pro Se Defendant's Mary Grace and Tamio Saito's Opposition to Plaintiff's Motion to Strike Defendant's Experts and Experts Reports by MARY A. GRACE #476 Surreply, filed by MARY A. GRACE. (Attachments: #1 Exhibit Exhibit 1A.) Bio of Dr. Behnam Bavarian Ph.D., #2 Exhibit Exhibit 4A. Deposition of Gerry Smith, Plaintff's 'purported' Expert Witness, #3 Exhibit Exhibit 4B. Deposition of Thomas Grenier Plaintiff's 'purported' Expert Witness, #4 Exhibit Exhibit 4C. Deposition of Michael McCabe Plaintiff's 'purported' Expert Witness)(GRACE, MARY)
September 2, 2014 Filing 476 SURREPLY to Pro Se Defendant's Mary Grace and Tamio Saito's Opposition to Plaintiff's Motion to Strike Defendant's Experts and Experts Reports filed by MARY A. GRACE. (Attachments: #1 Declaration Exhibit 1. Declaration of Expert Dr. Behnam Bavarian Ph.D., #2 Exhibit Exhibit 2A. Bio of Expert Tamio Saito)(GRACE, MARY)
September 2, 2014 Filing 475 RESPONSE re #434 MOTION to Strike #349 Large Additional Attachment(s),,, #348 Large Additional Attachment(s),,, #350 Large Additional Attachment(s),, #351 Large Additional Attachment(s),, #353 Large Additional Attachment(s),,,, #352 Large Additional Attac Pro Se Defendant's Mary Grace and Tamio Saito's Opposition to Plaintiff's Motion to Strike Defendant's Experts and Experts Reports filed by MARY A. GRACE. (Attachments: #1 Declaration Exhibit 1. Declaration of Expert Dr. Behnam Bavarian Ph.D., #2 Exhibit Exhibit 2A. Bio of Expert Tamio Saito)(GRACE, MARY)
September 2, 2014 Filing 474 REPLY to opposition to motion re #386 Second MOTION for Summary Judgment Against Mary Grace on Books and Records, Controls and Disclosure claims filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Exhibit Attachment A)(Maher, Daniel)
September 2, 2014 Opinion or Order Filing 473 ORDER: The Court ORDERS that Defendant Grace's request under 28 U.S.C. 1292(b) is DENIED. The Court FURTHER ORDERS that the case shall proceed. Signed by Judge James E. Boasberg on 9/2/14. (lcjeb2)
September 2, 2014 Filing 472 Amended MOTION to Amend/Correct Added on paragraph at the end of the document in bold that was inadvertently omitted in Pro Se Defendant Mary Grace's Motion to Clarify and/or Motion for same Extension of time granted to Plaintiff for their Reply to Plaintiff's Voluminous First Motion for Summary Judgment by MARY A. GRACE (GRACE, MARY)
September 2, 2014 Filing 471 Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date 9/2/14 re #470 Notice of Interlocutory Appeal. (td, )
September 2, 2014 Filing 470 NOTICE OF INTERLOCUTORY APPEAL by MARY A. GRACE. Filing fee $ 505, receipt number 0090-3824259. Fee Status: Fee Paid. Parties have been notified. (Attachments: #1 Memorandum in Support)(GRACE, MARY)
September 2, 2014 Filing 469 Emergency MOTION to ClarifyDEFENDANT MARY GRACE PRO SE MOTION TO CLARIFY DEADLINE FOR DEFENDANT TO REPLY TO PLAINTIFFS OPPOSITION TO DEFENDANTS OPPOSITION TO PLAINTIFFS FIRST MOTION FOR SUMMARY JUDGMENT AND/OR IN THE ALTERNATIVE A MOTION FOR AN EXTENSION OF THE SAME NUMBER OF DAYS GRANTED TO PLAINTIFF SEVEN DAYS - TO REPLY TO PLAINTIFFS OPPOSITION TO DEFENDANTS OPPOSITION TO PLAINTIFFS FIRST MOTION FOR SUMMARY JUDGMENT by MARY A. GRACE (GRACE, MARY)
September 2, 2014 Set/Reset Deadlines: The Defendanty shall file his Opposition and Cross-Motion for Summary Judgment by 9/09/2014, the SEC's Opposition and Reply shall be due by 10/02/2014, and Saito's Reply shall be due by 10/16/2014. (ad)
September 2, 2014 Opinion or Order MINUTE ORDER: The Court ORDERS that Defendant Grace's #469 Emergency Motion is DENIED as moot. The deadlines to which she refers only applied to her cross-motion. Since she has not been permitted to file a cross-motion, there is no reply for her to file. Signed by Judge James E. Boasberg on 9/2/14. (lcjeb2)
September 1, 2014 Filing 468 NOTICE Non Availability by ROBERT J. ROWEN (ROWEN, ROBERT)
August 31, 2014 Filing 467 ERRATA Defendant's Opposition to Plaintiff's Second Motion for Summary Judgment by MARY A. GRACE #437 Response to motion,, filed by MARY A. GRACE. (Attachments: #1 Errata Exhibit 57A-1, #2 Errata Exhibit 57A-2- 2, #3 Errata Exhibit 57A-2, #4 Errata Exhibit 57A-3, #5 Errata Exhibit 57A, #6 Errata Exhibit 58A-1, #7 Errata Exhibit 58A-2, #8 Errata Exhibit 58A-3, #9 Errata Exhibit 58A-5, #10 Errata Exhibit 58A-6, #11 Errata Exhibit 58A-7, #12 Errata Exhibit 58A-7-2, #13 Errata Exhibit 58A-8, #14 Errata Exhibit 58A-9, #15 Errata Exhibit 58A-10, #16 Errata Exhibit 61A, #17 Errata Exhibit 64A-1, #18 Errata Exhibit 63A-2, #19 Errata Exhibit 64A, #20 Errata Exhibit 65A, #21 Errata Exhibit 58A-4)(GRACE, MARY)
August 31, 2014 Filing 466 ERRATA Defendant's Opposition to Plaintiff's Second Motion for Summary Judgment by MARY A. GRACE #437 Response to motion,, filed by MARY A. GRACE. (Attachments: #1 Errata Exhibit 44A-2 - Insight Magazine Cover Story on e-Smart Care, #2 Errata Exhibit 45A., #3 Errata Exhibit 47A -1 Demonstrations of e-Smart Card, #4 Errata Exhibit 47A-2 - Demonstrations of e-Smart Card, #5 Errata Exhibit 50A. Map of Defendant Facilities, #6 Errata Exhibit 53A-1, #7 Errata Exhibit 54A-1 - Deposition - Contradictory Testimony of ex-COO R. Barrett Pt. 3, #8 Errata 54A-2. Deposition Contradictory Testimony of ex-COO R. Barrett Pt. 3, #9 Errata Exhibit 55A-1 -Transcript -Contradictory Testimony of ex-COO R. Barrett OSHA, #10 Errata Exhibit 55A-2 - Transcript of Contradictory Testimony of ex-COO R.Barrett, #11 Errata Exhibit 55A-3 Transcript - Contradictory Testimony of ex-COO R. Barrett - OSHA, #12 Errata Exhibit 55A-4 Transcript -Contradictory Testimony of ex-COO R Barrett, #13 Errata Exhibit 56A-1 - Text of Technology description in 2005 10K, #14 Errata Exhibit 56A-2 - Identical Word for Word Technology Description in 2005 10KA, #15 Errata Exhibit 56A-3 - Amendment text in 2005 10KA not any changes to technology description as falsely alleged)(GRACE, MARY)
August 31, 2014 Filing 465 ERRATA Defendant's Opposition to Plaintiff's Second Motion for Summary Judgment by MARY A. GRACE #437 Response to motion,, filed by MARY A. GRACE. (Attachments: #1 Errata Exhibit 42A. Sejong City Project -e-Smart - I AM card in Korea, #2 Errata Exhibit 43A. Nikkei Magazine Article on e-Smart Card, #3 Errata Exhibit 44A. Security World Magazine Cover Story on e-Smart Card)(GRACE, MARY)
August 31, 2014 Filing 464 ERRATA Defendant's Opposition to Plaintiff's Second Motion for Summary Judgment by MARY A. GRACE #437 Response to motion,, filed by MARY A. GRACE. (Attachments: #1 Declaration Authenticity of Mary Grace, #2 Statement of Facts Statement of Undisputed Material Facts - 4A. - Part 1 Pg. 1-44, #3 Statement of Facts Statement of Undisputed Material Facts - 4A - Part 2 -Pg. 45 -)(GRACE, MARY)
August 29, 2014 Filing 463 RESPONSE re #460 MOTION for Extension of Time to DEFENDANT TAMIO SAITOS MOTION FOR AN EXTENSION OF THE ORIGINAL TIME ALLOWED, OF 21 DAYS FROM RECEIPT OF PLAINTIFFS WITHHELD DOCUMENTS, AND EXHIBITS TO PLAINTIFFS MOTION FOR SUMMARY JUDGMENT AGAINST TAMIO SAITO WH, #461 Amended MOTION for Extension of Time to DEFENDANT TAMIO SAITOS MOTION FOR AN EXTENSION OF THE ORIGINAL TIME ALLOWED, OF 21 DAYS FROM RECEIPT OF PLAINTIFFS WITHHELD DOCUMENTS, AND EXHIBITS TO PLAINTIFFS MOTION FOR SUMMARY JUDGMENT AGAINST TAMIO S filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Guido, Kenneth)
August 29, 2014 Filing 462 ERRATA RE STATEMENT OF MATERIAL FACTS AND DECLARATION by U.S. SECURITIES AND EXCHANGE COMMISSION #388 First MOTION for Summary Judgment Against Tamio Saito filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Statement of Facts, #2 Declaration, #3 Attachment, #4 Attachment, #5 Attachment)(Guido, Kenneth)
August 29, 2014 Opinion or Order MINUTE ORDER: Given that the attachment to Defendant Saito's Motion demonstrates that he now has almost every document referred to in the SEC's Motion for Summary Judgment, the Court does not see that yet another lengthy extension is warranted. The Court, accordingly, ORDERS that Saito's #461 Motion is GRANTED IN PART and DENIED IN PART; he shall file his Opposition and Cross-Motion for Summary Judgment by September 9, 2014, the SEC's Opposition and Reply shall be due by October 2, 2014, and Saito's Reply shall be due by October 16, 2014. Signed by Judge James E. Boasberg on 8/29/14. (lcjeb2)
August 28, 2014 Opinion or Order MINUTE ORDER: The Court ORDERS that Defendant Grace's #425 Motion to Strike Plaintiff's Second Motion for Summary Judgment is DENIED. Grace is correct that successive summary-judgment motions are not typical and that the better practice would have been for the SEC to seek leave of court to file a second motion against the same party. The Court nonetheless believes that, as the second motion concerns different claims, does not seek a "second bite at the apple," and is fairly brief, consideration of it may help to efficiently resolve the case. Signed by Judge James E. Boasberg on 8/28/14. (lcjeb2)
August 26, 2014 Filing 461 Amended MOTION for Extension of Time to DEFENDANT TAMIO SAITOS MOTION FOR AN EXTENSION OF THE ORIGINAL TIME ALLOWED, OF 21 DAYS FROM RECEIPT OF PLAINTIFFS WITHHELD DOCUMENTS, AND EXHIBITS TO PLAINTIFFS MOTION FOR SUMMARY JUDGMENT AGAINST TAMIO SAITO WHICH WERE ORDERED BY THE COURT TO BE FILED AND SERVED ON JULY 28, 2015 AND TODAY, ON AUGUST 26 2014, ALL OF THE DOCUMENTS STILL HAVE NOT BEEN PRODUCED TO DEFENDANT, WHICH DOCUMENTS DEFENDANT NEEDS TIME TO HAVE TRANSLATED AND TO REVIEW IN ORDER TO PREPARE AND FILE DEFENDANT TAMIO SAITOS OPPOSITION AND CROSS MOTION FOR SUMMARY JUDGMENT by TAMIO SAITO (Attachments: #1 Exhibit Exhibit 1 - Meet and Confer e-mals, #2 Text of Proposed Order Text of Proposed Order)(GRACE, MARY)
August 26, 2014 Filing 460 ENTERED IN ERROR.....MOTION for Extension of Time to DEFENDANT TAMIO SAITOS MOTION FOR AN EXTENSION OF THE ORIGINAL TIME ALLOWED, OF 21 DAYS FROM RECEIPT OF PLAINTIFFS WITHHELD DOCUMENTS, AND EXHIBITS TO PLAINTIFFS MOTION FOR SUMMARY JUDGMENT AGAINST TAMIO SAITO WHICH WERE ORDERED BY THE COURT TO BE FILED AND SERVED ON JULY 28, 2015 AND TODAY, ON AUGUST 26 2014, ALL OF THE DOCUMENTS STILL HAVE NOT BEEN PRODUCED TO DEFENDANT, WHICH DOCUMENTS DEFENDANT NEEDS TIME TO HAVE TRANSLATED AND TO REVIEW IN ORDER TO PREPARE AND FILE DEFENDANT TAMIO SAITOS OPPOSITION AND CROSS MOTION FOR SUMMARY JUDGMENT by TAMIO SAITO (Attachments: #1 Exhibit Exhibit 1 - Meet and Confer e-mals)(GRACE, MARY) Modified on 8/27/2014 (jf, ).
August 19, 2014 Filing 459 ERRATA Affidavit of Mary Grace by MARY A. GRACE #437 Response to motion,, filed by MARY A. GRACE. (Attachments: #1 Affidavit Affidavit of Mary Grace)(GRACE, MARY)
August 19, 2014 Filing 458 LARGE ADDITIONAL ATTACHMENT(S) DEFENDANT'S OPPOSITION TO PLAINTIFF'S SECOND MOTON FOR SUMMARY JUDGMENT which has the same claims as Plaintiff's First Motion For Summary Judgment and Defendant opposes Plaintiff's attempt to get a 'second bite of the apple' by MARY A. GRACE #437 Response to motion,, filed by MARY A. GRACE. (Attachments: #1 Statement of Facts DEFENDANT'S STATEMENT OF UNDISPUTED MATERIAL FACTS - PART 3A, #2 Exhibit 28A-1. Photo;s of Contracts and Projects, #3 Exhibit 28A-2 Photos of Trade Shows and Exhibitions, #4 Exhibit 28A-3 - Photos of Engineering & Marketing Employees & Korea R&D building, #5 Exhibit 28A-4, #6 Exhibit 28A-5, #7 Exhibit 28A-5, #8 Exhibit 27A-1a, #9 Exhibit 27A-2b.)(GRACE, MARY)
August 19, 2014 Filing 457 LARGE ADDITIONAL ATTACHMENT(S) DEFENDANT'S OPPOSITION TO PLAINTIFF'S SECOND MOTON FOR SUMMARY JUDGMENT which has the same claims as Plaintiff's First Motion For Summary Judgment and Defendant opposes Plaintiff's attempt to get a 'second bite of the apple' by MARY A. GRACE #437 Response to motion,, filed by MARY A. GRACE. (Attachments: #1 Exhibit 30A-1, #2 Exhibit 30A-2, #3 Exhibit 30A-3, #4 Exhibit 30A-4, #5 Exhibit 30A-5, #6 Exhibit 30A-6, #7 Exhibit 30A-7, #8 Exhibit 30A-8, #9 Exhibit 31A, #10 Exhibit 32A, #11 Exhibit 33A, #12 Exhibit 34A)(GRACE, MARY)
August 19, 2014 Filing 456 LARGE ADDITIONAL ATTACHMENT(S) DEFENDANT'S OPPOSITION TO PLAINTIFF'S SECOND MOTON FOR SUMMARY JUDGMENT which has the same claims as Plaintiff's First Motion For Summary Judgment and Defendant opposes Plaintiff's attempt to get a 'second bite of the apple' by MARY A. GRACE #437 Response to motion,, filed by MARY A. GRACE. (Attachments: #1 Exhibit 24A. Insight Magazine, #2 Exhibit 25A. Exponent Report, #3 Affidavit 26A. Affidavit of Kelly O'Meara, #4 Exhibit 29A. Memo to SEC from Felons lawyer making false report to Plaintiff)(GRACE, MARY)
August 19, 2014 Filing 455 LARGE ADDITIONAL ATTACHMENT(S) DEFENDANT'S OPPOSITION TO PLAINTIFF'S SECOND MOTON FOR SUMMARY JUDGMENT which has the same claims as Plaintiff's First Motion For Summary Judgment and Defendant opposes Plaintiff's attempt to get a 'second bite of the apple' by MARY A. GRACE #437 Response to motion,, filed by MARY A. GRACE. (Attachments: #1 Exhibit 23A. Pt. 3 Due Diligence Report)(GRACE, MARY)
August 19, 2014 Filing 454 LARGE ADDITIONAL ATTACHMENT(S) DEFENDANT'S OPPOSITION TO PLAINTIFF'S SECOND MOTON FOR SUMMARY JUDGMENT which has the same claims as Plaintiff's First Motion For Summary Judgment and Defendant opposes Plaintiff's attempt to get a 'second bite of the apple' by MARY A. GRACE #437 Response to motion,, filed by MARY A. GRACE. (Attachments: #1 Exhibit 23A Pt. 2 Due Diligence Report)(GRACE, MARY)
August 19, 2014 Filing 453 LARGE ADDITIONAL ATTACHMENT(S) DEFENDANT'S OPPOSITION TO PLAINTIFF'S SECOND MOTON FOR SUMMARY JUDGMENT which has the same claims as Plaintiff's First Motion For Summary Judgment and Defendant opposes Plaintiff's attempt to get a 'second bite of the apple' by MARY A. GRACE #437 Response to motion,, filed by MARY A. GRACE. (Attachments: #1 Exhibit 22A. China Business Plan, #2 Exhibit 22A. China Business Presentation, #3 Exhibit 23A. Due Diligence Report Pt. 1)(GRACE, MARY)
August 19, 2014 Filing 452 LARGE ADDITIONAL ATTACHMENT(S) DEFENDANT'S OPPOSITION TO PLAINTIFF'S SECOND MOTON FOR SUMMARY JUDGMENT which has the same claims as Plaintiff's First Motion For Summary Judgment and Defendant opposes Plaintiff's attempt to get a 'second bite of the apple' by MARY A. GRACE #437 Response to motion,, filed by MARY A. GRACE. (Attachments: #1 Statement of Facts DEFENDANT'S STATEMENT OF UNDISPUTED MATERIAL FACTS - PART 2A, #2 Exhibit 20A, #3 Exhibit 20A-1, #4 Exhibit 20A-2, #5 Exhibit 20A-3, #6 Exhibit 20A-4, #7 Exhibit 20A-5, #8 Exhibit 20A-6, #9 Exhibit 20A-7, #10 Exhibit 20A-8, #11 Exhibit 20A-9, #12 Exhibit 20A-11, #13 Exhibit 20A-12, #14 Exhibit 20A-13, #15 Exhibit 20A-14, #16 Exhibit 20A-15, #17 Exhibit 20A-16, #18 Exhibit 20A-17, #19 Exhibit 21A, #20 Exhibit 20A-10)(GRACE, MARY)
August 19, 2014 Filing 451 LARGE ADDITIONAL ATTACHMENT(S) DEFENDANT'S OPPOSITION TO PLAINTIFF'S SECOND MOTON FOR SUMMARY JUDGMENT which has the same claims as Plaintiff's First Motion For Summary Judgment and Defendant opposes Plaintiff's attempt to get a 'second bite of the apple' by MARY A. GRACE #437 Response to motion,, filed by MARY A. GRACE. (Attachments: #1 Exhibit 1A-1 Board Minutes 2006, #2 Exhibit 1A-3 Board Minutes 2007, #3 Exhibit 1A-4. Board Minutes 2008, #4 Exhibit 2A. Business Advisory Board Loan Recap Letter - Bob Aronowitz, #5 Exhibit 3A-2. Counsel Fritz Instructions. to Terminate, #6 Exhibit 4A. SEC- Anthony Russo - Charged, #7 Exhibit 13A-1. Counsel Fritz's Valuation of the Technology for Auditors, #8 Exhibit 13A-3, Counsel Fritz Instructions to Cancel Certain Shares pursuant to agreement by Counsel and auditors, #9 Exhibit 13A-4. Counsel Fritz e-mail stating she had finalized the 2006 10K except for approving her Opinion Loans to Intermarket shares with Auditors, #10 Exhibit 15A. Agreement with Wayne Drizn's Father's company to handle all monies raised for e-Smart by Wayne Drizin and Gregory Sarkissian, #11 Exhibit 16A. BBT Agreement to outsource the development of the technology for IVI and e-Smart to Tamio Saito's company BBT, #12 Exhibit 17A. Manufacturing Report from Korea 2007, #13 Exhibit 18A. IVI - e-Smart Ag., #14 Exhibit 19A-2. 2006 10KA - e-Smart, #15 Exhibit 19A-3 2005 10KA e-Smart, #16 Exhibit 19A-4 2007 10K e-Smart)(GRACE, MARY)
August 19, 2014 Filing 450 LARGE ADDITIONAL ATTACHMENT(S) DEFENDANT'S OPPOSITION TO PLAINTIFF'S SECOND MOTON FOR SUMMARY JUDGMENT which has the same claims as Plaintiff's First Motion For Summary Judgment and Defendant opposes Plaintiff's attempt to get a 'second bite of the apple' by MARY A. GRACE #437 Response to motion,, filed by MARY A. GRACE. (Attachments: #1 Exhibit 14A-23. Gerry Smith Deposition, #2 Exhibit 14A-24. Thomas Griener Dposition, #3 Exhibit 14A-25. Michael McCabe Deposition)(GRACE, MARY)
August 19, 2014 Filing 449 LARGE ADDITIONAL ATTACHMENT(S) DEFENDANT'S OPPOSITION TO PLAINTIFF'S SECOND MOTON FOR SUMMARY JUDGMENT which has the same claims as Plaintiff's First Motion For Summary Judgment and Defendant opposes Plaintiff's attempt to get a 'second bite of the apple' by MARY A. GRACE #437 Response to motion,, filed by MARY A. GRACE. (Attachments: #1 Exhibit 14A-17. Joseph Leshkowitz SEC Dpositiom, #2 Exhibit 14A-18. Brad McGoran SEC Deposition, #3 Exhibit 14A-19. Parney Albright SEC Deposition, #4 Exhibit 14A-20. David Howe SEC Deposition, #5 Exhibit 14A-21. Tom Huffman SEC Deposition, #6 Exhibit 14A-22. Alister Clisham SEC Deposition)(GRACE, MARY)
August 19, 2014 Filing 448 LARGE ADDITIONAL ATTACHMENT(S) DEFENDANT'S OPPOSITION TO PLAINTIFF'S SECOND MOTON FOR SUMMARY JUDGMENT which has the same claims as Plaintiff's First Motion For Summary Judgment and Defendant opposes Plaintiff's attempt to get a 'second bite of the apple' by MARY A. GRACE #437 Response to motion,, filed by MARY A. GRACE. (Attachments: #1 Exhibit 14A-15. ANTHONY RUSSO SEC INVEST TRANSCRIPT, #2 Exhibit 14A-16. THOMAS VOLPE SEC INVEST TRANSCRIPT)(GRACE, MARY)
August 19, 2014 Filing 447 LARGE ADDITIONAL ATTACHMENT(S) DEFENDANT'S OPPOSITION TO PLAINTIFF'S SECOND MOTON FOR SUMMARY JUDGMENT which has the same claims as Plaintiff's First Motion For Summary Judgment and Defendant opposes Plaintiff's attempt to get a 'second bite of the apple' by MARY A. GRACE #437 Response to motion,, filed by MARY A. GRACE. (Attachments: #1 Exhibit 14A-11. Gary Messina SEC Invest Transcript, #2 Exhibit 14A-12. Beverly O'Meally - SEC Invest. Transcript, #3 Exhibit 14A-6. Stew14A-13. Kelly O'Meara SEC Invest. Transcript, #4 14A-7. Sharon Parks SEC Invest. Transcript)(GRACE, MARY)
August 19, 2014 Filing 446 LARGE ADDITIONAL ATTACHMENT(S) DeFENDANT'S OPPOSITION TO PLAINTIFF'S SECOND MOTON FOR SUMMARY JUDGMENT which has the same claims as Plaintiff's First Motion For Summary Judgment and Defendant opposes Plaintiff's attempt to get a 'second bite of the apple' by MARY A. GRACE #437 Response to motion,, filed by MARY A. GRACE. (Attachments: #1 14A-8. Michael Gardiner SEC Invest. Transcript, #2 14!-9. Thomas Laucks SEC Invest. Transcript, #3 14A.10. Emile Merzoug SEC Invest Transcript)(GRACE, MARY)
August 19, 2014 Filing 445 LARGE ADDITIONAL ATTACHMENT(S) DeFENDANT'S OPPOSITION TO PLAINTIFF'S SECOND MOTON FOR SUMMARY JUDGMENT which has the same claims as Plaintiff's First Motion For Summary Judgment and Defendant opposes Plaintiff's attempt to get a 'second bite of the apple' by MARY A. GRACE #437 Response to motion,, filed by MARY A. GRACE. (GRACE, MARY)
August 19, 2014 Filing 444 LARGE ADDITIONAL ATTACHMENT(S) DeFENDANT'S OPPOSITION TO PLAINTIFF'S SECOND MOTON FOR SUMMARY JUDGMENT which has the same claims as Plaintiff's First Motion For Summary Judgment and Defendant opposes Plaintiff's attempt to get a 'second bite of the apple' by MARY A. GRACE #437 Response to motion,, filed by MARY A. GRACE. (Attachments: #1 Exhibit 14A-4. Elliot Cole SEC Invest. Transcript, #2 Exhibit 14A-5. Tamio Saito SEC Invest. Transcript, #3 Exhibit 14A-6. Stewart Hung SEC Invest. Transcript)(GRACE, MARY)
August 19, 2014 Filing 443 LARGE ADDITIONAL ATTACHMENT(S) DEFENDANT'S OPPOSITION TO PLAINTIFF'S SECOND MOTON FOR SUMMARY JUDGMENT which has the same claims as Plaintiff's First Motion For Summary Judgment and Defendant opposes Plaintiff's attempt to get a 'second bite of the apple' by MARY A. GRACE #435 Reply to opposition to Motion,, filed by MARY A. GRACE. (Attachments: #1 Exhibit 14A-1. Richard Barrett SEC Invest.Transcript, #2 Exhibit 14A -2. Charles Black - SEC Invest. Transcript, #3 Exhibit 14A-3. Douglas Borwick SEC Invest. Transcript)(GRACE, MARY)
August 19, 2014 Filing 442 ERRATA DEFENDANT'S OPPOSITION TO PLAINTIFF'S SECOND MOTON FOR SUMMARY JUDGMENT which has the same claims as Plaintiff's First Motion For Summary Judgment and Defendant opposes Plaintiff's attempt to get a 'second bite of the apple' by MARY A. GRACE #437 Response to motion,, filed by MARY A. GRACE. (Attachments: #1 Exhibit 5A. OONTRACTS & PROJECTS - CIVITAS, #2 Exhibit 5A. OONTRACTS & PROJECTS - CIVITAS, #3 Exhibit 5A. OONTRACTS & PROJECTS - CIVITAS, #4 Exhibit 5A. OONTRACTS & PROJECTS - CIVITAS, #5 Exhibit 5A. OONTRACTS & PROJECTS - CIVITAS, #6 Exhibit 5A. OONTRACTS & PROJECTS - CIVITAS, #7 Exhibit 5A. OONTRACTS & PROJECTS - CIVITAS, #8 Exhibit 5A. OONTRACTS & PROJECTS - CIVITAS, #9 Exhibit 5A. OONTRACTS & PROJECTS - CIVITAS, #10 Exhibit 5A. OONTRACTS & PROJECTS - CIVITAS, #11 Exhibit 5A. OONTRACTS & PROJECTS - CIVITAS, #12 Exhibit 5A. OONTRACTS & PROJECTS - CIVITAS, #13 Exhibit 5A. OONTRACTS & PROJECTS - CIVITAS, #14 Exhibit 5A. OONTRACTS & PROJECTS - CIVITAS, #15 Exhibit 5A. OONTRACTS & PROJECTS - CIVITAS, #16 Exhibit 5A. OONTRACTS & PROJECTS - CIVITAS, #17 Exhibit 5A CONTRACTS & PROJECTS - CIVITAS)(GRACE, MARY)
August 19, 2014 Filing 441 ERRATA DEFENDANT'S OPPOSITION TO PLAINTIFF'S SECOND MOTON FOR SUMMARY JUDGMENT which has the same claims as Plaintiff's First Motion For Summary Judgment and Defendant opposes Plaintiff's attempt to get a 'second bite of the apple' by MARY A. GRACE #437 Response to motion,, filed by MARY A. GRACE. (Attachments: #1 Exhibit 11A. FUNDING REPORTS - AGREEMENTS, PROPOSALS, ETC., #2 Exhibit 11A. FUNDING REPORTS - AGREEMENTS, PROPOSALS, #3 Exhibit 11A. FUNDING REPORTS - AGREEMENTS, PROPOSALS,, #4 Exhibit 11A. FUNDING REPORTS - AGREEMENTS, PROPOSALS,, #5 Exhibit 11A. FUNDING REPORTS - AGREEMENTS, PROPOSALS,, #6 Exhibit 11A. FUNDING REPORTS - AGREEMENTS, PROPOSALS,, #7 Exhibit 11A. FUNDING REPORTS - AGREEMENTS, PROPOSALS,, #8 Exhibit 11A. FUNDING REPORTS - AGREEMENTS, PROPOSALS,, #9 Exhibit 11A. FUNDING REPORTS - AGREEMENTS, PROPOSALS,, #10 Exhibit 11A. FUNDING REPORTS - AGREEMENTS, PROPOSALS,, #11 Exhibit 11A. FUNDING REPORTS - AGREEMENTS, PROPOSALS,, #12 Exhibit 11A. FUNDING REPORTS - AGREEMENTS, PROPOSALS,, #13 Exhibit 11A. FUNDING REPORTS - AGREEMENTS, PROPOSALS,, #14 Exhibit 11A. FUNDING REPORTS - AGREEMENTS, PROPOSALS,, #15 Exhibit 11A. FUNDING REPORTS - AGREEMENTS, PROPOSALS,, #16 Exhibit 11A. FUNDING REPORTS - AGREEMENTS, PROPOSALS,, #17 Exhibit 11A. FUNDING REPORTS - AGREEMENTS, PROPOSALS,, #18 Exhibit 11A. FUNDING REPORTS - AGREEMENTS, PROPOSALS,, #19 Exhibit 11A. FUNDING REPORTS - AGREEMENTS, PROPOSALS,, #20 Exhibit 11A. FUNDING REPORTS - AGREEMENTS, PROPOSALS,, #21 Exhibit 11A. FUNDING REPORTS - AGREEMENTS, PROPOSALS,, #22 Exhibit 11A. FUNDING REPORTS - AGREEMENTS, PROPOSALS,, #23 Exhibit 11A. FUNDING REPORTS - AGREEMENTS, PROPOSALS,, #24 Exhibit 11A. FUNDING REPORTS - AGREEMENTS, PROPOSALS,, #25 Exhibit 11A. FUNDING REPORTS - AGREEMENTS, PROPOSALS,, #26 Exhibit 11A. FUNDING REPORTS - AGREEMENTS, PROPOSALS,, #27 Exhibit 11A. FUNDING REPORTS - AGREEMENTS, PROPOSALS,, #28 Exhibit 11A. FUNDING REPORTS - AGREEMENTS, PROPOSALS,)(GRACE, MARY)
August 19, 2014 Filing 440 ERRATA Defendant Mary Grace's Opposition to Plaintiff's Second Motion for Summary Judgment which has the same claims as in Plaintiff's First Motion for Summary Judgment - and Defendant Opposes Plaintiff's attempt at 'a second bite at the apple' by MARY A. GRACE #437 Response to motion,, filed by MARY A. GRACE. (Attachments: #1 Statement of Facts 1. Defendant's Statement of Undisputed Material Facts, #2 Statement of Facts 2. Defendant's Statement of Undisputed Material Facts, #3 Statement of Facts 3. Defendant's Statement of Undisputed Material Facts, #4 Statement of Facts 4. Defendant's Statement of Undisputed Material Facts, #5 Statement of Facts 5. Defendant's Statement of Undisputed Material Facts, #6 Statement of Facts 6. Defendant's Statement of Undisputed Material Facts)(GRACE, MARY)
August 19, 2014 Filing 439 ERRATA Exhibits to Defendant Mary Grace's Opposition to Plaintiff's Second Motion for Summary Judgment with the same claims as in Plaintiff's First Motion for Summary Judgment - and Opposition to Plaintiff's attempted 'a second bite at the apple' by MARY A. GRACE #437 Response to motion,, filed by MARY A. GRACE. (Attachments: #1 Exhibit 12A. Contracts, Projects, #2 Exhibit 12A. Contracts, Projects, #3 Exhibit 12A. Contracts, Projects, #4 Exhibit 12A. Contracts, Projects, #5 Exhibit 12A. Contracts, Projects, #6 Exhibit 12A. Contracts, Projects, #7 Exhibit 12A. Contracts, Projects, #8 Exhibit 12A. Contracts, Projects, #9 Exhibit 12A. Contracts, Projects, #10 Exhibit 12A. Contracts, Projects, #11 Exhibit 12A. Contracts, Projects, #12 Exhibit 12A. Contracts, Projects, #13 Exhibit 12A. Contracts, Projects, #14 Exhibit 12A. Contracts, Projects, #15 Exhibit 12A. Sejong City e-Smart I AM Card Team, #16 Exhibit 12A. Sejong City Cards before printing)(GRACE, MARY)
August 19, 2014 Filing 438 ERRATA Exhibits TO DEFENDANT'S OPPOSITION TO PLAINTIFF'S SECOND MOTION FOR SUMMARY JUDGMENT by MARY A. GRACE #437 Response to motion,, filed by MARY A. GRACE. (Attachments: #1 Exhibit 6A. Contracts & Projects - NEC - Civitas, #2 Exhibit 6A. Contracts & Projects - NEC - Civitas, #3 Exhibit 6A. Contracts & Projects - NEC - Civitas, #4 Exhibit 6A. Contracts & Projects - NEC - Civitas, #5 Exhibit 6A. Contracts & Projects - NEC - Civitas, #6 Exhibit 6A. Contracts & Projects - NEC - Civitas, #7 Exhibit 6A. Contracts & Projects - NEC - Civitas, #8 Exhibit 6A. Contracts & Projects - NEC - Civitas, #9 Exhibit 6A. Contracts & Projects - NEC - Civitas, #10 Exhibit 6A. Contracts & Projects - NEC - Civitas, #11 Exhibit 6A. Contracts & Projects - NEC - Civitas, #12 Exhibit 6A. Contracts & Projects - NEC - Civitas, #13 Exhibit 6A. Contracts & Projects - NEC - Civitas, #14 Exhibit 6A. Contracts & Projects - NEC - Civitas, #15 Exhibit 6A. Contracts & Projects - NEC - Civitas, #16 Exhibit 6A. Contracts & Projects - NEC - Civitas, #17 Exhibit 6A. Contracts & Projects - NEC - Civitas, #18 Exhibit 6A. Contracts & Projects - NEC - Civitas, #19 Exhibit 6A. Contracts & Projects - NEC - Civitas, #20 Exhibit 6A. Contracts & Projects - NEC - Civitas, #21 Exhibit 6A. Contracts & Projects - NEC - Civitas, #22 Exhibit 6A. Contracts & Projects - NEC - Civitas, #23 Exhibit 6A. Contracts & Projects - NEC - Civitas, #24 Exhibit 6A. Contracts & Projects - NEC - Civitas, #25 Exhibit 6A. Contracts & Projects - NEC - Civitas, #26 Exhibit 6A. Contracts & Projects - NEC - Civitas, #27 Exhibit 6A. Contracts & Projects - NEC - Civitas)(GRACE, MARY)
August 19, 2014 Filing 437 RESPONSE re #386 Second MOTION for Summary Judgment Against Mary Grace on Books and Records, Controls and Disclosure claims REFILED IN CORRECT CATEGORY - DEFENDANT'S OPPOSITION TO PLAINTIFF'S SECOND MOTION FOR SUMMARY JUDGMENT - which has the same claims as Plaintiff's First Motion and Defendant Opposes Plaintiff attempt at a 'second bite of the apple' filed by MARY A. GRACE. (Attachments: #1 Statement of Facts DEFENDANT'S STATEMENT OF UNDISPUTED MATERIAL FACTS - PART 1A, #2 Text of Proposed Order TEXT OF PROPOSED ORDER)(GRACE, MARY)
August 18, 2014 Filing 436 ERRATA EXHIBITS TO DEFENDANT'S OPPOSITION TO PLAINTIFF'S SECOND MOTION FOR SUMMARY JUDGMENT by MARY A. GRACE #435 Reply to opposition to Motion,, filed by MARY A. GRACE. (Attachments: #1 Exhibit 5A. OONTRACTS & PROJECTS - CIVITAS, #2 Exhibit 5A. OONTRACTS & PROJECTS - CIVITAS, #3 Exhibit 5A. OONTRACTS & PROJECTS - CIVITAS, #4 Exhibit 5A. OONTRACTS & PROJECTS - CIVITAS, #5 Exhibit 5A. OONTRACTS & PROJECTS - CIVITAS, #6 Exhibit 5A. OONTRACTS & PROJECTS - CIVITAS, #7 Exhibit 5A. OONTRACTS & PROJECTS - CIVITAS, #8 Exhibit 5A. OONTRACTS & PROJECTS - CIVITAS, #9 Exhibit 5A. OONTRACTS & PROJECTS - CIVITAS, #10 Exhibit 5A. OONTRACTS & PROJECTS - CIVITAS, #11 Exhibit 5A. OONTRACTS & PROJECTS - CIVITAS, #12 Exhibit 5A. OONTRACTS & PROJECTS - CIVITAS, #13 Exhibit 5A. OONTRACTS & PROJECTS - CIVITAS, #14 Exhibit 5A. OONTRACTS & PROJECTS - CIVITAS, #15 Exhibit 5A. OONTRACTS & PROJECTS - CIVITAS, #16 Exhibit 5A. OONTRACTS & PROJECTS - CIVITAS, #17 Exhibit 5A. OONTRACTS & PROJECTS - CIVITAS)(GRACE, MARY)
August 18, 2014 Filing 435 OPPOSITION to motion re #386 Second MOTION for Summary Judgment Against Mary Grace on Books and Records, Controls and Disclosure claims Defendant Mary Grace's Opposition to Plaintiff's Second Motion for Summary Judgment on same claims as in Plaintiff's First Motion for Summary Judgment - and Opposition to Plaintiff's attempted 'a second bite at the apple' filed by MARY A. GRACE. (Attachments: #1 Statement of Facts Defendant's Statement of Undisputed Material Facts, #2 Text of Proposed Order Text of Proposed Ordeer)(GRACE, MARY) Modified on to read Oppositon 8/19/2014 (td, ).
August 18, 2014 Filing 434 MOTION to Strike #349 Large Additional Attachment(s),,, #348 Large Additional Attachment(s),,, #350 Large Additional Attachment(s),, #351 Large Additional Attachment(s),, #353 Large Additional Attachment(s),,,, #352 Large Additional Attachment(s),,, by U.S. SECURITIES AND EXCHANGE COMMISSION (Attachments: #1 Declaration, #2 Text of Proposed Order, #3 Exhibit Attachment A, #4 Exhibit Attachment B, #5 Exhibit Attachment C, #6 Exhibit Attachment D, #7 Exhibit Attachment E)(Maher, Daniel)
August 18, 2014 Filing 433 REPLY to opposition to motion re #324 MOTION for Summary Judgment Against Mary Grace filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Declaration, #2 Exhibit Attachment A, #3 Exhibit Attachment B, #4 Exhibit Attachment C, #5 Exhibit Attachment D, #6 Exhibit Attachment E, #7 Exhibit Attachment F, #8 Exhibit Attachment G, #9 Exhibit Attachment H, #10 Exhibit Attachment I)(Maher, Daniel)
August 18, 2014 Opinion or Order MINUTE ORDER: Given the Court's granting of Defendant Saito's Motion for Extension, see Minute Order, August 15, 2014, the Court ORDERS that his #428 Amended Motion is DENIED as redundant. Signed by Judge James E. Boasberg on 8/18/14. (lcjeb2)
August 18, 2014 Set/Reset Deadlines: Saito's Opposition and Cross-Motion for Summary Judgment shall now be due 9/02/2014; the SEC's Opposition and Reply shall be due 9/23/2014; and Saito's Reply shall be due on 10/07/2014. (ad)
August 17, 2014 Filing 432 RESPONSE re #387 MOTION for Summary Judgment Against Robert Rowen OPPOSITION/AFFIDAVIT filed by ROBERT J. ROWEN. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit)(ROWEN, ROBERT)
August 15, 2014 Filing 431 RESPONSE re #426 MOTION for Extension of Time to allow Defendant the original 21 days ordered by the Court to respond to Plaintiff's Motion for Summary Judgment documents and exhibits Ordered to be produced by July 28, 2014, all of which were finally produce, #428 Amended MOTION for Extension of Time to (2nd to last paragraph added) to Defendant TAMIO SAITO MOTION FOR AN EXTENSION OF TIME REQUESTING THE COURT TO GRANT THE ORIGINAL TIME ORDERED BY THE COURT OF 21 DAYS FROM RECEIPT OF ALL OF PLAINTIFFS DO filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Guido, Kenneth)
August 15, 2014 Opinion or Order MINUTE ORDER: The Court ORDERS that Defendant Saito's #426 Motion for Extension is GRANTED IN PART and DENIED IN PART. As the SEC reasonably agrees to an extension, the Court ORDERS that Saito's Opposition and Cross-Motion for Summary Judgment shall now be due September 2, 2014; the SEC's Opposition and Reply shall be due September 23, 2014; and Saito's Reply shall be due on October 7, 2014. Signed by Judge James E. Boasberg on 8/15/14. (lcjeb2)
August 14, 2014 Filing 430 SURREPLY (Additional Attachments) to opposition to motion re #425 MOTION to Strike #386 Second MOTION for Summary Judgment Against Mary Grace on Books and Records, Controls and Disclosure claims - DEFENDANTS REPLY AND OPPOSITION TO PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION TO STRIKE PLAINTIFF'S SECOND MOTION FOR SUMMARY JUDGMENT AGAINST MARY GRACE filed by MARY A. GRACE. (Attachments: #1 Exhibit PLaintiff's Statement of Undisputed Facts to Plaintiff's First Motion for Summary Judgment Against Defendant Mary Grace, #2 Exhibit Plaintiff's Statement of Undisputed Facts to Plaintiff's Second Motion for Summary Judgment Against Defendant Mary Grace, #3 Text of Proposed Order Text of Proposed Order)(GRACE, MARY) Modified to read "Surreply Additional Attachments" on 8/15/2014 (td, ).
August 14, 2014 Filing 429 SURREPLY to opposition to motion re #425 MOTION to Strike #386 Second MOTION for Summary Judgment Against Mary Grace on Books and Records, Controls and Disclosure claims DEFENDANTS REPLY IN OPPOSITION TO PLAINTIFFS OPPOSITION TO DEFENDANT MARY GRACES MOTION TO STRIKE PLAINTIFFS SECOND MOTION FOR SUMMARY JUDGMENT AGAINST MARY GRACE filed by MARY A. GRACE. (Attachments: #1 Exhibit Plaintiff's Statement of Undisputed Facts to Plaintiff's First Motion for Summary Judgment Against Defendant Mary Grace, #2 Exhibit Plaintiff's Statement of Undisputed Facts to Plaintiff's Second Motion for Summary Judgment Against Defendant Mary Grace, #3 Text of Proposed Order Text of Proposed Order)(GRACE, MARY) Modified event text to read Surreply on 8/15/2014 (td, ).
August 14, 2014 Filing 428 Amended MOTION for Extension of Time to (2nd to last paragraph added) to Defendant TAMIO SAITO MOTION FOR AN EXTENSION OF TIME REQUESTING THE COURT TO GRANT THE ORIGINAL TIME ORDERED BY THE COURT OF 21 DAYS FROM RECEIPT OF ALL OF PLAINTIFFS DOCUMENTS, AND EXHIBITS TO PLAINTIFFS MOTION FOR SUMMARY JUDGMENT AGAINST TAMIO SAITO WHICH WERE DUE ON JULY 28, 2015 AND WERE JUST RECEIVED ON AUGUST 13, 2014, IN ORDER FOR DEFENDANT TO HAVE ALL THE DOCUMENTS TRANSLATED AND TO REVIEW AND PREPARE AND FILE DEFENDANT TAMIO SAITOS OPPOSITION AND CROSS MOTION/MOTION FOR SUMMARY JUDGMENT TO PLAINTIFF'S VOLUMINOUS MOTION FOR SUMMARY JUDGMENT by TAMIO SAITO (Attachments: #1 Exhibit Exhibit 1 - Meet and Confer e-mals, #2 Text of Proposed Order Text of Proposed Order)(GRACE, MARY)
August 14, 2014 Filing 427 Memorandum in opposition to re #425 MOTION to Strike #386 Second MOTION for Summary Judgment Against Mary Grace on Books and Records, Controls and Disclosure claims filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Maher, Daniel)
August 14, 2014 Set/Reset Deadline: If Defendant Saito intends to seek sanctions against Plaintiff's counsel regarding the CD containing summary-judgment exhibits, he must send the CD to the Court by 8/20/2014. (ad)
August 13, 2014 Minute Entry for proceedings held before Judge James E. Boasberg: Telephone Conference held on 8/13/2014. (ad)
August 13, 2014 Filing 426 MOTION for Extension of Time to allow Defendant the original 21 days ordered by the Court to respond to Plaintiff's Motion for Summary Judgment documents and exhibits Ordered to be produced by July 28, 2014, all of which were finally produced today, August 13, 2014 by TAMIO SAITO (Attachments: #1 Exhibit Exhibit 1 - Meet and Confer e-mals, #2 Text of Proposed Order Text of Proposed Order)(GRACE, MARY)
August 13, 2014 Filing 425 MOTION to Strike #386 Second MOTION for Summary Judgment Against Mary Grace on Books and Records, Controls and Disclosure claims by MARY A. GRACE (Attachments: #1 Text of Proposed Order Text of Proposed Order)(GRACE, MARY)
August 13, 2014 Opinion or Order MINUTE ORDER: The Court ORDERS that: 1) Defendant Grace's #418 Motion for Leave to File Motion to Strike is GRANTED. No leave of court is required to file a motion to strike a dispositive pleading; 2) Defendant Grace's #419 Motion seeking multiple forms of relief is GRANTED IN PART. She may file a motion to strike an expert report, and the Court will permit her to file a motion with evidentiary support regarding any alleged improprieties committed by Plaintiff's counsel; 3) Defendant Saito's #422 Motion for Leave to File, which is actually a motion to compel, is DENIED for failure to follow the Court's procedure for resolving discovery disputes; and 4) Defendant Grace's #423 Motion for Reconsideration is DENIED. This is the third such motion, and the Court has ruled on multiple occasions. Signed by Judge James E. Boasberg on 8/13/14. (lcjeb2)
August 13, 2014 Opinion or Order MINUTE ORDER: As discussed in today's conference call, the Court ORDERS that if Defendant Saito intends to seek sanctions against Plaintiff's counsel regarding the CD containing summary-judgment exhibits, he must send the CD to the Court by August 20, 2014. Signed by Judge James E. Boasberg on 8/13/14. (lcjeb2)
August 11, 2014 Filing 424 Memorandum in opposition to re #418 MOTION for Leave to File Motion for Leave to File Defendant's Opposition and Motion to Strike Plaintiff's Second Motion for Summary Judgment filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Maher, Daniel)
August 11, 2014 Filing 423 MOTION for Reconsideration by MARY A. GRACE (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(GRACE, MARY)
August 11, 2014 Filing 422 MOTION for Leave to File MOTION TO COMPEL PLAINTIFF'S PRODUCTION OF WITHHELD EXHIBITS TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT & FOR EXTENSION OF TIME ORIGINALLY ALLOWED BY THE COURT FROM THE TIME THEY ARE FINALLY PRODUCED FOR DEFENDANT TO FILE OPPOSITION & CROSS MOTION/MOTION FOR SUMMARY JUDGMENT by TAMIO SAITO (GRACE, MARY)
August 11, 2014 Set/Reset Deadline: SEC shall file its reply to Defendant Mary Graces Opposition to the SECs First Motion for Summary Judgment on or before 8/18/2014. (ad)
August 8, 2014 Filing 421 MOTION for Extension of Time to File Response/Reply to Defendant Mary Grace's Opposition to the Securities and Exchange Commission's First Motion for Summary Judgment Against Mary Grace by U.S. SECURITIES AND EXCHANGE COMMISSION (Maher, Daniel)
August 8, 2014 Opinion or Order MINUTE ORDER: To the extent Defendant's Motion to Clarify #420 is a motion for reconsideration, the Court ORDERS that it is DENIED. Signed by Judge James E. Boasberg on 8/8/14. (lcjeb2)
August 8, 2014 Opinion or Order MINUTE ORDER GRANTING #421 Motion for Extension of Time to File Response/Reply. SEC shall file its reply to Defendant Mary Graces Opposition to the SECs First Motion for Summary Judgment on or before August 18, 2014. Signed by Judge James E. Boasberg on 8/8/14. (lcjeb2)
August 7, 2014 Filing 420 MOTION to Clarify by MARY A. GRACE (GRACE, MARY). Added MOTION for Leave to File on 8/8/2014 (td, ).
August 6, 2014 Filing 419 MOTION for Leave to File MOTION FOR LEAVE TO FILE A MOTION TO DISQUALIFY UNQUALIFIED EXPERT WITNESSES AND STRIKE THE EXPERT REPORT OF THE UNQUALIFIED EXPERT WITNESSES & MOTION FOR SANCTIONS AGAINST PLAINTIFF COUNSEL FOR WITNESS TAMPERING, ATTEMPTING TO PREVENT WITNESSES FROM TESTIFYING AND ATTEMPTED BRIBERY OF A WITNESS WHICH IS ALL ON TAPE by MARY A. GRACE (Attachments: #1 Exhibit)(GRACE, MARY)
August 6, 2014 Filing 418 MOTION for Leave to File Motion for Leave to File Defendant's Opposition and Motion to Strike Plaintiff's Second Motion for Summary Judgment by MARY A. GRACE (Attachments: #1 Defendant's Opposition and Motion to Strike Plaintiff's Second Motion for Summary Judgment Against Defendant Mary Grace, #2 Text of Proposed Order Text of Proposed Order)(GRACE, MARY)
August 6, 2014 Filing 417 MOTION for Leave to File Motion for Summary Judgment by TAMIO SAITO (GRACE, MARY)
August 6, 2014 Opinion or Order MINUTE ORDER: The Court has already issued a Minute Order on June 23, 2014, giving Saito until August 18, 2014, to file his cross-motion for summary judgment, along with his opposition to the SEC's motion. His current #417 Motion for Leave to File is thus DENIED as moot. Signed by Judge James E. Boasberg on 8/6/14. (lcjeb2)
August 5, 2014 Filing 416 ERRATA Defendant's Opposition and Cross Motion to Plaintiff's Motion for Summary Judgment by MARY A. GRACE #406 Response to motion, filed by MARY A. GRACE. (Attachments: #1 Exhibit A. 1Technical Report, #2 Exhibit A-1. Technical Report, #3 Exhibit A. 1Technical Report, #4 Exhibit A. 1Technical Report, #5 Statement of Facts Defendant's Statement of Undisputed Facts, #6 Exhibit A. 1Technical Report, #7 Exhibit A. 1Technical Report, #8 Exhibit A. 1Technical Report)(GRACE, MARY)
August 5, 2014 Filing 415 MOTION to Permit and Accept Defendants Cross Motion which is part of Defendant's Opposition and Cross Motion to Plaintiff's Motion for Summary Judgment filed timely on Monday, Aug. 4, 2014 - deadline Ordered by MARY A. GRACE (Attachments: #1 Exhibit Exhibit 1, #2 Affidavit Affidavit, #3 Text of Proposed Order Text of Proposed Order)(GRACE, MARY)
August 5, 2014 Filing 413 RESPONSE re #324 MOTION for Summary Judgment Defendant's Opposition and Cross Motion to Plaintiff's Motion for Summary Judgment filed by MARY A. GRACE. (Attachments: #1 Exhibit A 1. Technical Reports -ESMT CARDS in 2006, #2 Exhibit A 1. Technical Reports - E-SMART CARD in 2008, #3 Exhibit A 1. Technical Reports - spec_samsung_s1_rev_09, #4 Exhibit A 1. Technical Reports - Notarial Certificate_Delivery receipt_Samsung S1, #5 Exhibit A 1. Technical Reports -, #6 Exhibit A 1. Technical Reports)(GRACE, MARY)
August 5, 2014 Filing 412 RESPONSE re #324 MOTION for Summary Judgment Defendant's Opposition and Cross Motion to Plaintiff's Motion for Summary Judgment filed by MARY A. GRACE. (Attachments: #1 Statement of Facts Defendant's Statement of Undisputed Facts Part 4, #2 Exhibit Exhibit 4 - 230 Loans Handled by DBorwick - Letter to COO Barrett, #3 Exhibit Exhibit 12 B B Assumptions, #4 Exhibit Exhibit 12 B B Financial Model., #5 Exhibit Exhibit 12A. MYBI Contract Press Release in 2005, #6 Exhibit 13 Shareholder Conference Call Dec.29 2007)(GRACE, MARY)
August 5, 2014 Filing 411 RESPONSE re #324 MOTION for Summary Judgment Defendant's Opposition and Cross Motion to Plaintiff's Motion for Summary Judgment filed by MARY A. GRACE. (Attachments: #1 Statement of Facts Defendants Statement of Undisputed Facts - Part 3, #2 Exhibit Exhibit 10 Memo of Felons lawyer's false report to the SEC re Defendant companies after theft of by felons of Defendants' smart cards etd., #3 Exhibit Exhibit 11 Reports of Independent Accou, #4 Exhibit Exhibit 13 Nasdaq charts Exhibit 13 Nasdaq char, #5 Exhibit Exhibit 19A Sept. 25, 2007 - author Barrett -Final e-Smart Executive Summary & Korea Business Plan, #6 Exhibit Exhibit 19B.RB Aug 25 Bus Plan, e-Smart Business Plan, #7 Exhibit Exhibit 5 Exponent Expert Report(1) Executive Summary)(GRACE, MARY)
August 5, 2014 Opinion or Order MINUTE ORDER: As previously explained, the Court has forbidden Defendant Grace from filing her own motion (or cross-motion) for summary judgment, given her repeated failures to abide by Court orders and deadlines. Her latest #415 Motion is thus DENIED. Signed by Judge James E. Boasberg on 8/5/14. (lcjeb2)
August 5, 2014 Opinion or Order MINUTE ORDER: As set forth in its Minute Order of July 31, 2014, Grace has forfeited her opportunity to file a motion for summary judgment. Her #406 memorandum will be treated solely as an Opposition to the SEC's Motion for Summary Judgment. As a result, the Court ORDERS that her 414 Cross Motion is DENIED. Signed by Judge James E. Boasberg on 8/5/14. (lcjeb2)
August 4, 2014 Filing 414 Cross MOTION for Summary Judgment by MARY A. GRACE; (See docket entry no. #406 to view document) (td, )
August 4, 2014 Filing 410 RESPONSE re #324 MOTION for Summary Judgment Defendant's Opposition and Cross Motion to Plaintiff's Motion for Summary Judgment filed by MARY A. GRACE. (Attachments: #1 Statement of Facts Defendant's Statement of Undisputed Facts Part 1, #2 Statement of Facts Defendant's Statement of Undisputed Facts Part 2, #3 Exhibit A. -1 Technical Reports - 1A-1.) Tamio Saito Bio PART 1, #4 Exhibit A. -1 Technical Reports - 1A-2.) Tamio Saito PUBLICAT, #5 Exhibit A. -1 Technical Reports -1B.) BIO TERUHIKO TAMORI., #6 Exhibit A. -1 Technical Reports - 1B-2) Teruhiko Tamori Patents & info2FormatText('Associated Cases: {GetAssocCase(5)}')FormatText('({gUserName})')~
August 4, 2014 Filing 409 RESPONSE re #324 MOTION for Summary Judgment Defendant's Opposition and Cross Motion to Plaintiff's Motion for Summary Judgment filed by MARY A. GRACE. (Attachments: #1 Exhibit Due Diligence Report Pt. 2, #2 Exhibit Washington Times, Insight Magazine Article, #3 Declaration Declaration, #4 Exhibit Exhibit 6 Brightside International In Brief update - eSmart Funding & Contracts.pdf, #5 Exhibit Exhibit 7 SAMSUNG PRESS RELEASE -Series of E-Mails Approving Press Release & 8K, #6 Exhibit Exhibit 8H-1 Counsel MF approval of July 2007 Minutes Approving Loans etc., #7 Exhibit Exhibit 8I-1-Counsel- M.Fritz Approval of 3rd Party Issuance of Share, #8 Exhibit Exhibit 8I-2 Audit Valuation of technology M.Fritz, T.Russo., #9 Exhibit Exhibit 8J Counsel M.Fritz invoice for instuction to issue and approval of Opinion to Holladay Ito issue shares pursuant to her Opinion - nvoices C Missing Period Invoice)(GRACE, MARY)
August 4, 2014 Filing 408 RESPONSE re #324 MOTION for Summary Judgment Defendant's Opposition and Cross Motion to Plaintiff's Motion for Summary Judgment filed by MARY A. GRACE. (Attachments: #1 Exhibit Due Diligence Report Pt. 1)(GRACE, MARY)
August 4, 2014 Filing 407 RESPONSE re #324 MOTION for Summary Judgment Defendant's Opposition and Cross Motion to Plaintiff's Motion for Summary Judgment filed by MARY A. GRACE. (Attachments: #1 Exhibit A-2. Technical Reports - Status of Tamio Saito, #2 Exhibit C-1.) Legal Reports - Bonafide Loan Transactions pursuant to Opinion of Counsel, #3 Exhibit C-3.) Legal Reports - Press Releases - Samsung & other Press Releases & Public Disclosures, #4 Exhibit D-1.) Accounting Reports - Books & Records and Audits, #5 Exhibit D-2.) Accounting Reports - Expenses, #6 Exhibit C-2.) Legal Reports - 10K's, 10Q's, 8K's & Regulatory Filings, #7 Exhibit Exhibit 1A China eSCCC Full Biz Plan in English, #8 Exhibit Exhibit 1B China Biz Plan)(GRACE, MARY)
August 4, 2014 Filing 406 RESPONSE re #324 MOTION for Summary Judgment Defendant's Opposition and Cross Motion to Plaintiff's Motion for Summary Judgment filed by MARY A. GRACE. (Attachments: #1 Exhibit A. Technical Reports)(GRACE, MARY)
August 4, 2014 Filing 405 Emergency MOTION for Protective Order for Tamio Saito to Order Plaintiff to Provide Translator for Deposition of Tanio Saito today which Plaintiff said they refuse to do by MARY A. GRACE (Attachments: #1 Exhibit Subpoena, #2 Exhibit Bio o one of Defendant's Expert Witness, #3 Exhibit Exponent Expert Report, #4 Exhibit Statement of Tamio Saito)(GRACE, MARY)
August 4, 2014 Opinion or Order MINUTE ORDER: As discussed in the conference call with chambers, the Court ORDERS that the #405 Motion is GRANTED IN PART. Saito may have an interpreter present for his deposition, the cost to be split between him and the SEC. Signed by Judge James E. Boasberg on 8/4/14. (lcjeb2)
August 4, 2014 Minute Entry for proceedings held before Judge James E. Boasberg: Telephone Conference held on 8/4/2014. (ad)
August 1, 2014 Set/Reset Deadlines: Defendant Tamio Saito to respond to Plaintiff's 388 First Motion for Summary Judgment no later than 8/18/2014; Although the Court is dubious of Grace's renewed 384 Motion for Extension, it will permit her the extension she requested until 8/04/2014, to file her Opposition to the SEC's Motion for Summary Judgment. (ad)
July 31, 2014 Opinion or Order Filing 404 ORDER directing Defendant Tamio Saito to respond to Plaintiff's #388 First Motion for Summary Judgment no later than August 18, 2014, as set forth in Minute Order of June 23, 2014. Signed by Judge James E. Boasberg on 7/31/14. (lcjeb2)
July 31, 2014 Filing 403 REPLY to opposition to motion re #398 MOTION for Protective Order filed by MARY A. GRACE. (GRACE, MARY)
July 31, 2014 Opinion or Order MINUTE ORDER: Although the Court is dubious of Grace's renewed #384 Motion for Extension, it will permit her the extension she requested until August 4, 2014, to file her Opposition to the SEC's Motion for Summary Judgment. As she has violated too many Court orders and deadlines to be granted a further indulgence, however, she may no longer file her own Motion for Summary Judgment. The Court, accordingly, ORDERS that her #384 Motion is GRANTED IN PART and DENIED IN PART. Her other #383 Motion for Extension is DENIED as moot. Signed by Judge James E. Boasberg on 7/31/14. (lcjeb2)
July 31, 2014 Opinion or Order MINUTE ORDER: The Court ORDERS that Defendant Grace's three discovery-related Motions [398, 399, 400] are DENIED WITHOUT PREJUDICE. As Grace well knows, discovery disputes must be raised in conference calls with the Court before any written motion may be filed. Signed by Judge James E. Boasberg on 7/31/14. (lcjeb2)
July 30, 2014 Filing 402 Memorandum in opposition to re #400 Amended MOTION to Disqualify Counsel from dual representation of Plaintiff and at the same time personally represent Plaintiff's Expert Witnesses at their depositions scheduled July 31, 2014 and August 1, 2014, #399 MOTION to Disqualify Counsel from dual representation of Plaintiff and at the same time personally represent Plaintiff's Expert Witnesses at their depositions scheduled July 31, 2014 and August 1, 2014 SEC'S OPP TO MOTION TO DISQUALIFY COUNSEL filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Guido, Kenneth)
July 30, 2014 Filing 401 Memorandum in opposition to re #398 MOTION for Protective Order SEC OPPOSITION TO GRACE MOTION FOR PROTECTIVE ORDERS filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Guido, Kenneth)
July 30, 2014 Filing 400 Amended MOTION to Disqualify Counsel from dual representation of Plaintiff and at the same time personally represent Plaintiff's Expert Witnesses at their depositions scheduled July 31, 2014 and August 1, 2014 by MARY A. GRACE (Attachments: #1 Text of Proposed Order Text of Proposed Order)(GRACE, MARY)
July 30, 2014 Filing 399 MOTION to Disqualify Counsel from dual representation of Plaintiff and at the same time personally represent Plaintiff's Expert Witnesses at their depositions scheduled July 31, 2014 and August 1, 2014 by MARY A. GRACE (Attachments: #1 Text of Proposed Order Text of Proposed Order)(GRACE, MARY)
July 30, 2014 Filing 398 MOTION for Protective Order by MARY A. GRACE (Attachments: #1 Text of Proposed Order Text of Proposed Protective Order, #2 Text of Proposed Order Text of Proposed Order)(GRACE, MARY)
July 29, 2014 Filing 397 REPLY to opposition to motion re #383 MOTION for Extension of Time to MOTION FOR EXTENSION OF TIME AND PERMISSION TO FILE DEFENDANT'S OPPOSITION AND CROSS MOTION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT LATE NECESSITATED BY EXTRAORDINARY EVENT BEYOND DEFENDANT'S CONT, #384 Amended MOTION for Extension of Time to MOTION FOR EXTENSION OF TIME AND PERMISSION TO FILE DEFENDANT'S OPPOSITION AND CROSS MOTION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT LATE NECESSITATED BY EXTRAORDINARY EVENT BEYOND DEFENDANT' SEC'S OPPOSITION TO GRACE'S RENEWED MOTION FOR EXTENSION OF TIME filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Exhibit)(Guido, Kenneth)
July 29, 2014 Filing 396 ERRATA Letter by U.S. SECURITIES AND EXCHANGE COMMISSION #387 MOTION for Summary Judgment Against Robert Rowen filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Exhibit Attachment 26 redacted, #2 Exhibit Attachment 27 redacted, #3 Exhibit Attachment 28 redacted, #4 Exhibit Attachment 29 redacted, #5 Exhibit Attachment 30 redacted, #6 Exhibit Attachment 31 redacted)(Maher, Daniel)
July 29, 2014 Opinion or Order Filing 395 ORDER directing Defendant Robert Rowen to respond to Plaintiff's #387 Motion for Summary Judgment no later than August 19, 2014. Signed by Judge James E. Boasberg on 7/29/14. (lcjeb2)
July 29, 2014 Set/Reset Deadline: Defendant shall file his opposition or other response to Plaintiff's Motion for Summary Judgment not later than 8/19/2014. (ad)
July 28, 2014 Filing 394 LARGE ADDITIONAL ATTACHMENT(S) IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT AGAINST TAMIO SAITO by U.S. SECURITIES AND EXCHANGE COMMISSION #388 First MOTION for Summary Judgment Against Tamio Saito filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit)(Guido, Kenneth)
July 28, 2014 Filing 393 LARGE ADDITIONAL ATTACHMENT(S) IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT AGAINST TAMIO SAITO by U.S. SECURITIES AND EXCHANGE COMMISSION #388 First MOTION for Summary Judgment Against Tamio Saito filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit)(Guido, Kenneth)
July 28, 2014 Filing 392 LARGE ADDITIONAL ATTACHMENT(S) IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT AGAINST TAMIO SAITO by U.S. SECURITIES AND EXCHANGE COMMISSION #388 First MOTION for Summary Judgment Against Tamio Saito filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit)(Guido, Kenneth)
July 28, 2014 Filing 391 LARGE ADDITIONAL ATTACHMENT(S) IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT AGAINST TAMIO SAITO by U.S. SECURITIES AND EXCHANGE COMMISSION #388 First MOTION for Summary Judgment Against Tamio Saito filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Errata, #11 Exhibit, #12 Exhibit, #13 Exhibit)(Guido, Kenneth)
July 28, 2014 Filing 390 LARGE ADDITIONAL ATTACHMENT(S) IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT AGAINST TAMIO SAITO by U.S. SECURITIES AND EXCHANGE COMMISSION #388 First MOTION for Summary Judgment Against Tamio Saito filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit)(Guido, Kenneth)
July 28, 2014 Filing 389 LARGE ADDITIONAL ATTACHMENT(S) IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT AGAINST SAITO by U.S. SECURITIES AND EXCHANGE COMMISSION #388 First MOTION for Summary Judgment Against Tamio Saito filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit)(Guido, Kenneth)
July 28, 2014 Filing 388 First MOTION for Summary Judgment Against Tamio Saito by U.S. SECURITIES AND EXCHANGE COMMISSION (Attachments: #1 Memorandum in Support, #2 Statement of Facts, #3 Declaration, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit)(Guido, Kenneth)
July 28, 2014 Filing 387 MOTION for Summary Judgment Against Robert Rowen by U.S. SECURITIES AND EXCHANGE COMMISSION (Attachments: #1 Memorandum in Support, #2 Statement of Facts, #3 Declaration, #4 Exhibit Attachment 1, #5 Exhibit Attachment 2, #6 Exhibit Attachment 3, #7 Exhibit Attachment 4, #8 Exhibit Attachment 5, #9 Exhibit Attachment 6, #10 Exhibit Attachment 7, #11 Exhibit Attachment 8, #12 Exhibit Attachment 9, #13 Exhibit Attachment 10, #14 Exhibit Attachment 11, #15 Exhibit Attachment 12, #16 Exhibit Attachment 13, #17 Exhibit Attachment 14, #18 Exhibit Attachment 15, #19 Exhibit Attachment 16, #20 Exhibit Attachment 17, #21 Exhibit Attachment 18, #22 Exhibit Attachment 19, #23 Exhibit Attachment 20, #24 Exhibit Attachment 21, #25 Exhibit Attachment 22, #26 Exhibit Attachment 23, #27 Exhibit Attachment 24, #28 Exhibit Attachment 25, #29 Exhibit Attachment 26, #30 Exhibit Attachment 27, #31 Exhibit Attachment 28, #32 Exhibit Attachment 29, #33 Exhibit Attachment 30, #34 Exhibit Attachment 31)(Maher, Daniel)
July 28, 2014 Filing 386 Second MOTION for Summary Judgment Against Mary Grace on Books and Records, Controls and Disclosure claims by U.S. SECURITIES AND EXCHANGE COMMISSION (Attachments: #1 Memorandum in Support, #2 Statement of Facts, #3 Declaration, #4 Exhibit Attachment 1, #5 Exhibit Attachment 2, #6 Exhibit Attachment 3, #7 Exhibit Attachment 4, #8 Exhibit Attachment 5, #9 Exhibit Attachment 6, #10 Exhibit Attachment 7, #11 Exhibit Attachment 8, #12 Exhibit Attachment 9, #13 Exhibit Attachment 10, #14 Exhibit Attachment 11, #15 Exhibit Attachment 12, #16 Exhibit Attachment 13, #17 Exhibit Attachment 14, #18 Exhibit Attachment 15, #19 Exhibit Attachment 16, #20 Exhibit Attachment 17, #21 Exhibit Attachment 18, #22 Exhibit Attachment 19, #23 Exhibit Attachment 20, #24 Exhibit Attachment 21, #25 Exhibit Attachment 22, #26 Exhibit Attachment 23, #27 Exhibit Attachment 24, #28 Exhibit Attachment 25, #29 Exhibit Attachment 26, #30 Exhibit Attachment 27, #31 Exhibit Attachment 28, #32 Exhibit Attachment 29, #33 Exhibit Attachment 30, #34 Exhibit Attachment 31, #35 Exhibit Attachment 32, #36 Exhibit Attachment 33, #37 Exhibit Attachment 34, #38 Exhibit Attachment 35, #39 Exhibit Attachment 36, #40 Exhibit Attachment 37, #41 Exhibit Attachment 38, #42 Exhibit Attachment 39, #43 Exhibit Attachment 40, #44 Exhibit Attachment 41, #45 Exhibit Attachment 42, #46 Exhibit Attachment 43, #47 Exhibit Attachment 44)(Maher, Daniel)
July 28, 2014 Filing 385 ERRATA Communication from Defendant's Expert Witness, Monday July 28, 2014 by MARY A. GRACE #384 Amended MOTION for Extension of Time to MOTION FOR EXTENSION OF TIME AND PERMISSION TO FILE DEFENDANT'S OPPOSITION AND CROSS MOTION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT LATE NECESSITATED BY EXTRAORDINARY EVENT BEYOND DEFENDANT' filed by MARY A. GRACE. (Attachments: #1 Exhibit Communication with Expert Witness Benham Bavarian phD.)(GRACE, MARY)
July 28, 2014 Filing 384 Amended MOTION for Extension of Time to MOTION FOR EXTENSION OF TIME AND PERMISSION TO FILE DEFENDANT'S OPPOSITION AND CROSS MOTION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT LATE NECESSITATED BY EXTRAORDINARY EVENT BEYOND DEFENDANT'S CONTROL AND EXCUSABLE NEGLECT AND FOR GOOD CAUSE by MARY A. GRACE (Attachments: #1 Affidavit Affidavit of Mary Grace, #2 Exhibit Exhibit 1A. & 1B., #3 Text of Proposed Order Text of Proposed Order)(GRACE, MARY)
July 28, 2014 Filing 383 MOTION for Extension of Time to MOTION FOR EXTENSION OF TIME AND PERMISSION TO FILE DEFENDANT'S OPPOSITION AND CROSS MOTION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT LATE NECESSITATED BY EXTRAORDINARY EVENT BEYOND DEFENDANT'S CONTROL AND EXCUSABLE NEGLECT AND FOR GOOD CAUSE. by MARY A. GRACE (Attachments: #1 Affidavit Affidavit of Mary Grace, #2 Exhibit Exhibit 1A. & 1B., #3 Text of Proposed Order Text of Proposed Order)(GRACE, MARY)
July 28, 2014 Set/Reset Deadline: If Plaintiff opposes Defendant Grace's Motion for Extension, it shall file its Opposition by 7/29/2014. (ad)
July 28, 2014 Opinion or Order MINUTE ORDER: The Court ORDERS that if Plaintiff opposes Defendant Grace's Motion for Extension, it shall file its Opposition by July 29, 2014. Signed by Judge James E. Boasberg on 7/28/14. (lcjeb2)
July 22, 2014 Opinion or Order MINUTE ORDER: The Court ORDERS that Defendant's Motion for an Extension is DENIED, except that the Court will give her until the end of the week. She has already had an extension and considerable time for filing, and she does not provide good cause for such extension. The Court ORDERS that Defendant Grace's Opposition and Cross-Motion shall be due July 25, 2014. Signed by Judge James E. Boasberg on 7/22/2014. (lcjeb3)
July 22, 2014 Set/Reset Deadline: Defendant Grace's Opposition and Cross-Motion shall be due 7/25/2014. (ad)
July 21, 2014 Filing 382 REPLY to opposition to motion re #379 MOTION for Extension of Time to File Opposition to Plaintiff's Motion for Summary Judgment and Cross Motion for Summary Judgment Urgent Reply to Plaintiff's Memorandum in Opposition to Defendant's Motion for an Extension of Time filed by MARY A. GRACE. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 8, #5 Affidavit Affidavit of Mary Grace)(GRACE, MARY)
July 21, 2014 Filing 381 Memorandum in opposition to re #379 MOTION for Extension of Time to File Opposition to Plaintiff's Motion for Summary Judgment and Cross Motion for Summary Judgment, #359 MOTION for Extension of Time to File Response/Reply , #358 MOTION for Extension of Time to File Response/Reply filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Guido, Kenneth)
July 18, 2014 Filing 380 ERRATA Notice of Depositions of Plaintiff's Designated Expert Witnesses, essential to Justify Opposition to Plaintiff's Motion for Summary Judgment and essential for Defendant's Cross Motion for Summary Judgment by MARY A. GRACE #379 MOTION for Extension of Time to File Opposition to Plaintiff's Motion for Summary Judgment and Cross Motion for Summary Judgment filed by MARY A. GRACE. (Attachments: #1 Exhibit Exhibit 1A, #2 Exhibit Exhibit 1B, #3 Exhibit Exhibit 1C)(GRACE, MARY)
July 18, 2014 Filing 379 MOTION for Extension of Time to File Opposition to Plaintiff's Motion for Summary Judgment and Cross Motion for Summary Judgment by MARY A. GRACE (Attachments: #1 Affidavit Affidavit of Mary Grace, #2 Text of Proposed Order Text of Proposed ORDER, #3 Exhibit Exhibit 1A, #4 Exhibit Exhibit 1B, #5 Exhibit Exhibit 1C)(GRACE, MARY)
July 17, 2014 Filing 378 REDACTED DOCUMENT- Reply to #377 Redacted Document Defendant's Expert's Rebuttal to Plaintiff's Expert Report for Defendant Mary Grace -PT. 2 - Exhibit 14 - Resend by MARY A. GRACE. (Attachments: #1 Errata Defendant's Expert's Rebuttal to Plaintiff's Expert Report - Pt. 2 to Cover Page, #2 Exhibit Exhibit 14 - Resend)(GRACE, MARY)
July 17, 2014 Filing 377 REDACTED DOCUMENT- Reply to #376 Redacted Document, Defendant's Expert's Rebuttal to Plaintiff's Expert Report for Defendant Mary Grace -PT. 5 Exhibit 18 Part 1 by MARY A. GRACE. (GRACE, MARY)
July 17, 2014 Filing 376 REDACTED DOCUMENT- Reply to #375 Redacted Document, Defendant's Expert's Rebuttal to Plaintiff's Expert Report for Defendant Mary Grace -PT. 4 by MARY A. GRACE. (Attachments: #1 Errata Defendant's Expert's Rebuttal to Plaintiff's Expert Report - Pt. 2 to Cover Page, #2 Exhibit Exhibit 18 Part 3, #3 Exhibit Exhibit 22)(GRACE, MARY)
July 17, 2014 Filing 375 REDACTED DOCUMENT- Reply to #373 Redacted Document,,, by MARY A. GRACE. (Attachments: #1 Errata Defendant's Expert's Rebuttal to Plaintiff's Expert Report - Pt. 2 to Cover Page, #2 Exhibit Exhibit 18 Part 2)(GRACE, MARY)
July 17, 2014 Filing 374 REDACTED DOCUMENT- Reply to #373 Redacted Document,,, Defendant's Expert's Rebuttal to Plaintiff's Expert Report for Defendant Mary Grace -PT. 2 by MARY A. GRACE. (Attachments: #1 Errata Defendant's Expert's Rebuttal to Plaintiff's Expert Report - for Tamio Saito - Pt. 3, #2 Exhibit Exhibit 14)(GRACE, MARY)
July 17, 2014 Filing 373 REDACTED DOCUMENT- Reply Defendant's Expert's Rebuttal to Plaintiff's Expert Report for Defendant Mary Grace -PT. 1 by MARY A. GRACE. (Attachments: #1 Errata Defendant's Expert's Rebuttal to Plaintiff's Expert Report - Pt. 2 to Cover Page, #2 Certificate of Service Certificate of Service, #3 Exhibit Exhibit Index, #4 Exhibit Exhibit 1, #5 Exhibit Exhibit 2, #6 Exhibit Exhibit 3, #7 Exhibit Exhibit 4-5, #8 Exhibit Exhibit 6, #9 Exhibit Exhibit 7, #10 Exhibit Exhibit 8, #11 Exhibit Exhibit 9, #12 Exhibit Exhibit 10, #13 Exhibit Exhibit 11, #14 Exhibit Exhibit 12, #15 Exhibit Exhibit 13, #16 Exhibit Exhibit 14A, #17 Exhibit Exhibit 14B, #18 Exhibit Exhibit 15, #19 Exhibit Exhibit 16, #20 Exhibit Exhibit 20, #21 Exhibit Exhibit 21)(GRACE, MARY)
July 17, 2014 Filing 372 ERRATA Defendant's Expert's Rebuttal to Plaintiff's Expert Report for Defendant Tamio Saito -PT. 5 by TAMIO SAITO #371 Redacted Document, filed by TAMIO SAITO. (GRACE, MARY)
July 17, 2014 Filing 371 REDACTED DOCUMENT- Reply to #370 Redacted Document, Defendant's Expert's Rebuttal to Plaintiff's Expert Report for Defendant Tamio Saito -PT. 4 by TAMIO SAITO. (Attachments: #1 Errata Defendant's Expert's Rebuttal to Plaintiff's Expert Report - Pt. 2 to Cover Page, #2 Exhibit Exhibit 18 Part 2, #3 Exhibit Exhibit 22)(GRACE, MARY)
July 17, 2014 Filing 370 REDACTED DOCUMENT- Reply Defendant's Expert's Rebuttal to Plaintiff's Expert Report for Defendant Tamio Saito -PT. 3 by TAMIO SAITO. (Attachments: #1 Errata Defendant's Expert's Rebuttal to Plaintiff's Expert Report - for Tamio Saito - Pt. 3, #2 Exhibit Exhibit 18 Part 2)(GRACE, MARY)
July 17, 2014 Filing 369 REDACTED DOCUMENT- REPLY Defendant's Expert's Rebuttal to Plaintiff's Expert Report for Defendant Tamio Saito -PT. 2 by TAMIO SAITO. (Attachments: #1 Errata Defendant's Expert's Rebuttal to Plaintiff's Expert Report - Pt. 2 to Cover Page, #2 Exhibit Exhibit 14, #3 Exhibit Exhibit 15 (UNDER SEAL))(GRACE, MARY)
July 17, 2014 Filing 368 REDACTED DOCUMENT- Reply Defendant's Expert's Rebuttal to Plaintiff's Expert Report for Defendant Tamio Saito by TAMIO SAITO. (Attachments: #1 Errata Defendant's Expert's Rebuttal to Plaintiff's Expert Report - Pt. 2 to Cover Page, #2 Certificate of Service Certificate of Service, #3 Exhibit Exhibit Index, #4 Exhibit Exhibit 1, #5 Exhibit Exhibit 2, #6 Exhibit Exhibit 3, #7 Exhibit Exhibit 4-5, #8 Exhibit Exhibit 6, #9 Exhibit Exhibit 7, #10 Exhibit Exhibit 8, #11 Exhibit Exhibit 9, #12 Exhibit Exhibit 10, #13 Exhibit Exhibit 11, #14 Exhibit Exhibit 12A., #15 Exhibit Exhibit 13, #16 Exhibit Exhibit 14A., #17 Exhibit Exhibit 14B., #18 Exhibit Exhibit 16, #19 Exhibit Exhibit 20, #20 Exhibit Exhibit 21)(GRACE, MARY)
July 16, 2014 Minute Entry for proceedings held before Judge James E. Boasberg: Status Conference held on 7/16/2014. Mary Grace appeared via telephone. Order forthcoming. (Court Reporter Lisa Foradori) (ad)
July 16, 2014 Opinion or Order MINUTE ORDER denying #298 Motion for Sanctions. As discussed in today's discovery status conference, the Court ORDERS that: 1) The SEC's Motion for Sanctions (ECF No. #298 ) is DENIED WITHOUT PREJUDICE; 2) If evidence subsequently shows Defendant Grace's control of other bank accounts at the discussed Korean and Lichtenstein banks, the SEC shall be permitted to renew its Motion; and 3) Any SEC Motion to Strike defense expert reports shall be filed in conjunction with the SEC's summary judgment Opposition and Reply, currently due August 11, 2014. Signed by Judge James E. Boasberg on 7/16/2014. (lcjeb4)
July 10, 2014 Set/Reset Hearings: A Status Conference is set for 7/16/2014 at 3:00 PM in Courtroom 19 before Judge James E. Boasberg. (ad)
July 10, 2014 Opinion or Order MINUTE ORDER: The Court will hold a hearing on July 16, 2014, at 3:00 p.m. on the SEC's Motion for Sanctions (ECF No. #298 ), at which time the SEC and Defendant Grace shall provide updates to the Court regarding the production of bank records. If a party wishes to appear by telephone, it shall inform chambers by the day before. Signed by Judge James E. Boasberg on 7/10/2014. (lcjeb4)
June 23, 2014 Filing 367 REPLY to opposition to motion re #359 MOTION for Extension of Time to File Response/Reply , #358 MOTION for Extension of Time to File Response/Reply to Plaintiff's Response to Defendant's Tamio Saito and Mary Grace's Motion for Extension of Time filed by MARY A. GRACE. (Attachments: #1 Affidavit Affidavit of Defendants Experts in Support of Defendant's Motion for an Extension of Time to Respond and Rebut Plaintiff Expert Report, depose Plaintiff's Expert Witness and File Opposition and Cross Motion for Summary Judgement, #2 Affidavit Affidavit of Tamio Saito, #3 Exhibit Report of Misconduct to Office of Inspector General of the Securities & Exchange Commission, #4 Text of Proposed Order Text of Proposed ORDER)(GRACE, MARY)
June 23, 2014 Opinion or Order MINUTE ORDER: Defendants Grace's #359 and Saito's #358 Motions for Extensions of Time are GRANTED IN PART and DENIED IN PART. The Court ORDERS that the following deadlines shall supersede all previous ones: 1) Defendants shall serve any expert reports on or before July 7, 2014; Plaintiff shall serve any rebuttal expert reports by July 21, 2014; and all expert depositions shall occur by August 4, 2014; and 2) Defendants shall file any opposition to Plaintiff's Motion for Summary Judgment consolidated with their own Motion for Summary Judgment by July 21, 2014; the SEC shall file its Opposition/Reply by August 11, 2014, and Defendants shall file their Reply by September 2, 2014. Signed by Judge James E. Boasberg on 6/23/2014. (lcjeb3)
June 23, 2014 Opinion or Order MINUTE ORDER: Given that the Court's prior Minute Order did not include deadlines for the SEC's filing of a Motion for Summary Judgment against Saito, the Court ORDERS that: 1) The deadlines in the Minute Order issued earlier today shall concern Motions for Summary Judgment between SEC and Grace only; and 2) The following deadlines shall apply to the SEC and Saito: the SEC shall file any Motion for Summary Judgment against Saito by July 28, 2014; Saito shall file any Opposition and Cross-Motion for Summary Judgment by August 18, 2014; the SEC shall file any Opposition and Reply by September 8, 2014, and Saito shall file any Reply by September 22, 2014. Signed by Judge James E. Boasberg on 6/23/2014. (lcjeb3)
June 23, 2014 Set/Reset Deadlines: SEC's Summary Judgment motion against Saito due by 7/28/2014; Saito's Cross-Motion and Opposition to SEC's Motion for Summary Judgment due by 8/18/2014; SEC's Opposition to Saito's Cross-Motion and Reply to Opposition Motion for Summary Judgment due by 9/8/2014; Saito's Reply to Opposition to Cross Motion due by 9/22/2014. (tg, )
June 23, 2014 Set/Reset Deadlines: Defendants' service of expert reports due by 7/7/2014; Plaintiff's rebuttal expert reports due by 7/21/2014; Expert depositions due by 8/4/2014. Defendants' Cross-Motion and opposition to Plaintiff's to Motion for Summary Judgment due by 7/21/2014; SEC's Opposition to Cross-Motion and Reply to Opposition to Motion for Summary Judgment due by 8/11/2014; Defendants' Reply to Opposition to Cross Motion due by 9/2/2014. (tg, )
June 20, 2014 Filing 366 RESPONSE re #359 MOTION for Extension of Time to File Response/Reply , #358 MOTION for Extension of Time to File Response/Reply SEC's Respond to Motion for Extensions of Time filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Guido, Kenneth)
June 17, 2014 Filing 365 ERRATA AMENDED Defendant Tamio Saito and Mary Grace's Motion for an Extension of Time for Defendant's Experts to prepare and file Rebuttals to Plaintiff's Expert Report once Plaintiff e-mails it and Defendant's Expert Tamio Saito receive it, and for for Defendant's Expert Witnesses to fly from Japan and Korea to the US to Depose Plaintiff Expert Witnessess, and thereafter with the information necessary from the foregoing, to prepare and file Defendant's Opposition and Cross Motion to Plaintiff's Motion for Summary Judgment by MARY A. GRACE #359 MOTION for Extension of Time to File Response/Reply filed by MARY A. GRACE, #358 MOTION for Extension of Time to File Response/Reply filed by TAMIO SAITO. (Attachments: #1 Affidavit 2. Affidavit of Defendants Experts in Support of Defendant's Motion for an Extension of Time to Respond and Rebut Plaintiff Expert Report, depose Plaintiff's Expert Witness and File Opposition and Cross Motion for Summary Judgement, #2 Exhibit Exhibit 1-3.) e-mail series between Defendant T. Saito and Plaintiff Counsel requesting password for Expert Report or to e-mail the Expert Report and Exhibits to him, #3 Exhibit Exhibit 1-4.) Meet and Confer e-Mails requesting Plaintiff agree to the Motion for Extension and e-mail the Expert Report and Exhibits, #4 Text of Proposed Order Text of Proposed ORDER)(GRACE, MARY)
June 17, 2014 Filing 364 ERRATA AMENDED Defendant Tamio Saito and Mary Grace's Motion for an Extension to prepare and file Rebuttals to Plaintiff's Expert Report once Plaintiff e-mails it and Defendant's Experts receive it, and for Defendant's Expert Witnesses to fly from Japan and Korea to Depose Plaintiff Expert Witnessess, and thereafter with the information necessary from the foregoing, to prepare and file Defendant's Opposition and Cross Motion to Plaintiff's Motion for Summary Judgment by TAMIO SAITO #359 MOTION for Extension of Time to File Response/Reply filed by MARY A. GRACE, #358 MOTION for Extension of Time to File Response/Reply filed by TAMIO SAITO. (Attachments: #1 Affidavit 2.)Affidavit of Defendants Experts in Support of Defendant's Motion for an Extension of Time to Respond and Rebut Plaintiff Expert Report, depose Plaintiff's Expert Witness and File Opposition and Cross Motion for Summary Judgement, #2 Exhibit Exhibit 1-3.) e-mail series between Defendant T. Saito and Plaintiff Counsel requesting password for Expert Report or to e-mail the Expert Report and Exhibits to him, #3 Exhibit Exhibit 1-4.) Meet and Confer e-Mails requesting Plaintiff agree to the Motion for Extension and e-mail the Expert Report and Exhibits, #4 Text of Proposed Order Text of Proposed ORDER)(GRACE, MARY)
June 16, 2014 Filing 363 ERRATA Defendant's Motion for an Extension of Time - Text of Proposed Order - omitted in error by MARY A. GRACE #359 MOTION for Extension of Time to File Response/Reply filed by MARY A. GRACE, #358 MOTION for Extension of Time to File Response/Reply filed by TAMIO SAITO. (Attachments: #1 Text of Proposed Order Text of Proposed Order)(GRACE, MARY)
June 16, 2014 Filing 362 ERRATA Defendant's Motion for an Extension of Time - Text of Proposed Order - omitted in error by TAMIO SAITO #359 MOTION for Extension of Time to File Response/Reply filed by MARY A. GRACE, #358 MOTION for Extension of Time to File Response/Reply filed by TAMIO SAITO. (Attachments: #1 Text of Proposed Order Text of Proposed Order)(GRACE, MARY)
June 16, 2014 Filing 361 ERRATA Motion for Reconsideration of Order May 13, 2014 Order by MARY A. GRACE #359 MOTION for Extension of Time to File Response/Reply filed by MARY A. GRACE, #358 MOTION for Extension of Time to File Response/Reply filed by TAMIO SAITO. (Attachments: #1 Affidavit Affidavit of Defendants Experts in Support of Defendant's Motion for an Extension of Time to Respond and Rebut Plaintiff Expert Report, depose Plaintiff's Expert Witness and File Opposition and Cross Motion for Summary Judgement, #2 Exhibit Series of e-Mails requesting Password for Plaintiff's Expert Report and requesting it be e-mailed - after Defendant's have waited 11 days from when it was due to be produced to Defenant's Experts - and Plaintiff has not provided correct password or in the alternative just e-mailed it to Defendants)(GRACE, MARY)
June 16, 2014 Filing 360 ERRATA Motion for an Extension of time to file Defendant's Experts Rebuttal to Plaintiff Expert Report, and to depose Plaintiff Expert Witness(s), and thereafter file Opposition to Plaintiff's Motion for Summary Judgment with a Cross Motion for Summary Judgment by TAMIO SAITO #358 MOTION for Extension of Time to File Response/Reply filed by TAMIO SAITO. (Attachments: #1 Affidavit Affidavit of Defendants Experts in Support of Defendant's Motion for an Extension of Time to Respond and Rebut Plaintiff Expert Report, depose Plaintiff's Expert Witness and File Opposition and Cross Motion for Summary Judgement and file, #2 Exhibit Series of e-Mails requesting Password for Plaintiff's Expert Report and requesting it be e-mailed - after Defendant's have waited 11 days from when it was due to be produced to Defenant's Experts - and Plaintiff has not provided correct password or in the alternative just e-mailed it to Defendants)(GRACE, MARY)
June 16, 2014 Filing 359 MOTION for Extension of Time to File Response/Reply by MARY A. GRACE (GRACE, MARY)
June 16, 2014 Filing 358 MOTION for Extension of Time to File Response/Reply by TAMIO SAITO (GRACE, MARY)
June 9, 2014 Filing 357 Amended MOTION for Leave to File Documents in or Exhibits to the Expert Report for Defendant Mary Grace requested to be filed Under Seal which documents are marked CONFIDENTIAL UNDER SEAL & in the Expert Report by MARY A. GRACE (Attachments: #1 EXPERT REPORT)(GRACE, MARY)
June 9, 2014 Filing 356 Amended MOTION for Leave to File documents under seal which are part of and exhibits to the Expert Report for Defendant Tamio Saito- which documents are marked CONFIDENTIAL UNDER SEAL by TAMIO SAITO (Attachments: #1 EXPERT REPORT)(GRACE, MARY)
June 9, 2014 Filing 355 Amended MOTION for Leave to File documents Under Seal which were Ordered by the Court to be produced, which Contain highly confidential technical and business information including trade secret information, including highly confidential Algorithm, Test and smart card information, which documents were also requested to be filed under seal which are part of and exhibits to the Expert Report for Tamio Saito- which Motion to Seal was filed on Friday June 6, 2014 by TAMIO SAITO (GRACE, MARY)
June 9, 2014 Opinion or Order MINUTE ORDER denying #334 - #347 and #354 - #357 Motions for Leave to File Under Seal. The Court ORDERS that Defendant Grace and Defendant Saito's Motions to file expert report and accompanying documents under seal (ECF Nos. 334-47, 354-57 ) are DENIED WITHOUT PREJUDICE. Expert reports are served on opposing counsel, not filed with the Court. Signed by Judge James E. Boasberg on 06/09/2014. (lcjeb4)
June 8, 2014 Filing 354 MOTION for Leave to File Documents Under Seal which were Ordered by the Court to be produced, which Contain highly confidential technical and business information including trade secret information, including highly confidential Algorithm, Test and smart card information, which documents were also requested to be filed under seal which are part of and exhibits to the Expert Report for Tamio Saito- which Motion to Seal was filed on Friday June 6, 2014 by TAMIO SAITO (GRACE, MARY)
June 7, 2014 Filing 353 LARGE ADDITIONAL ATTACHMENT(S) documents under seal which are part of and exhibits to the Expert Report for Defendant Tamio Saito- which documents are marked CONFIDENTIAL UNDER SEAL by TAMIO SAITO #352 Large Additional Attachment(s),,, filed by MARY A. GRACE. (Attachments: #1 EXPERT REPORT, #2 Exhibit CHAPTER 30 EXHIBIT 3-A-1.CHAPTER 30 EXHIBIT 30-A-1.) July 15 RB IMMEDIATE CARD PRODUCTION & TECH INFO REPORT JULY, AUG. 2007, #3 Exhibit CHAPTER 30. EXHIBIT 30-A-2.) July 16, 2013 Access Control Product Description, #4 Exhibit CHAPTER 30. EXHIBIT 30-A-3. attachment.) July 16, Attachment IamHere Access Control Description, #5 Exhibit CHAPTER 30. EXHIBIT 30-B. 30-B.) e-Smart Business Plan - August 25, 2007, #6 Exhibit CHAPTER 30. EXHIBIT 30-C..) Sept 25 Barrett - e-Smart Executive Summary & Korea Business Plan. September 30, 2007, #7 Declaration CHAPTER 30 EXHIBIT 0-F.) Declaration of Richard Barrett June 7, 2013 - & e- Smart cards produced, June 7, 2013)(GRACE, MARY)
June 7, 2014 Filing 352 LARGE ADDITIONAL ATTACHMENT(S) Documents in or Exhibits to the Expert Report for Defendant Mary Grace Under Seal which documents are marked CONFIDENTIAL UNDER SEAL - with Expert Report by MARY A. GRACE #351 Large Additional Attachment(s),, filed by TAMIO SAITO. (Attachments: #1 EXPERT REPORT, #2 Exhibit CHAPTER 30. EXHIBIT 30-A-1.) July 15 RB IMMEDIATE CARD PRODUCTION & TECH INFO REPORT JULY, AUG. 2007, #3 Exhibit CHAPTER 30 EXHIBIT 30-A-2.) July 16, 2013 Access Control Product Description, #4 Exhibit CHAPTER 30 EXHIBIT 30-A-3. attachment.) July 16, Attachment IamHere Access Control Description, #5 Exhibit CHAPTER 30 EXHIBIT 30-B.) e-Smart Business Plan r1, #6 Exhibit CHAPTER 30 EXHIBIT 30-C..) Sept 25 Barrett - e-Smart Executive Summary & Korea Business Plan., #7 Declaration CHAPTER 30 EXHIBIT 30-F. DECLARATION OF RICHARD BARRETT WITH FOUR (4) E-SMART (STOLEN) STOLEN E-SMART CARDS HE PRODUCED TO THE SEC -JUNE 7, 2013)(GRACE, MARY)
June 7, 2014 Filing 351 LARGE ADDITIONAL ATTACHMENT(S) documents under seal which are part of and exhibits to the Expert Report for Defendant Tamio Saito- which documents are marked CONFIDENTIAL UNDER SEAL by TAMIO SAITO #350 Large Additional Attachment(s),, filed by MARY A. GRACE. (Attachments: #1 EXPERT REPORT, #2 Exhibit 11 CHAPTER 11 - EXHIBIT 11. JCOP-MULTIPLE APPLICATIONS, #3 Exhibit 12 CHAPTER 12 - EXHIBIT 12 PRESTO CHANGEO, #4 Exhibit 12. CHAPTER 13 - EXHIBIT 13 - ZERO ZERO, #5 Exhibit 20-B.) CHAPTER 2O, EXHIBIT 20-B,)-. DEMO NOT BY SAITO)(GRACE, MARY)
June 7, 2014 Filing 350 LARGE ADDITIONAL ATTACHMENT(S) Documents in or Exhibits to the Expert Report for Defendant Mary Grace Under Seal which documents are marked CONFIDENTIAL UNDER SEAL - with Expert Report by MARY A. GRACE #349 Large Additional Attachment(s),,, filed by TAMIO SAITO. (Attachments: #1 EXPERT REPORT, #2 Exhibit 11 CHAPTER 11 - EXHIBIT 11. JCOP-MULTIPLE APPLICATIONS, #3 Exhibit 12 CHAPTER 12. EXHIBIT 12. Presto changeo, #4 Exhibit 13. CHAPTER13- EXHIBIT 13 ZERO-ZERO, #5 Exhibit 20-B.) CHAPTER 2O, EXHIBIT 20-B,)-. DEMO NOT BY SAITO)(GRACE, MARY)
June 7, 2014 Filing 349 LARGE ADDITIONAL ATTACHMENT(S) Documents under seal which are part of and exhibits to the Expert Report for Tamio Saito- which documents are marked CONFIDENTIAL UNDER SEAL by TAMIO SAITO #348 Large Additional Attachment(s),,, filed by MARY A. GRACE. (Attachments: #1 EXPERT REPORT, #2 Declaration 28-1. DECLARATION OF _KIM SAN HEE, #3 Exhibit 28-2. Sejong City - Korea Government Press Release & Info on eSmart I AM Card in Sejong City- Pg. 11, 12, 14, & 15, #4 Exhibit 33.) e-Smart Korea Marketing & Engineering Staff & P& E LAB Trade Shows e-Smart participated in (some of, #5 Exhibit 33-2.) E-SMART CARD PICTURES, #6 Exhibit 34.) INVENTORS AND EXPERTS, #7 Exhibit 35. Contract & Agreement Negotiations and Signings -)(GRACE, MARY)
June 7, 2014 Filing 348 LARGE ADDITIONAL ATTACHMENT(S) Documents in or Exhibits to the Expert Report for Defendant Mary Grace Under Seal which documents are marked CONFIDENTIAL UNDER SEAL - with Expert Report by MARY A. GRACE #347 MOTION for Leave to File documents under seal which are part of and exhibits to the Expert Report for Defendant Tamio Saito- which documents are marked CONFIDENTIAL UNDER SEAL filed by TAMIO SAITO. (Attachments: #1 EXPERT REPORT, #2 Declaration 28-1. DECLARATION OF _KIM SAN HEE -, #3 Exhibit 28-2. Exhibit to Declaration of Kim San Hee Sejong City - Korea Government Press Release & Info on eSmart I AM Card in Sejong City- Pg. 11, 12, 14, & 15, #4 Exhibit 33.) e-Smart Korea Marketing & Engineering Staff & P& E LAB Trade Shows e-Smart participa, #5 Exhibit 33-2.) E-SMART CARD PICTURES, #6 Exhibit 34.) INVENTORS AND EXPERTS, #7 Exhibit 35. Contract & Agreement Negotiations and Signings -)(GRACE, MARY)
June 7, 2014 Filing 347 MOTION for Leave to File documents under seal which are part of and exhibits to the Expert Report for Defendant Tamio Saito- which documents are marked CONFIDENTIAL UNDER SEAL by TAMIO SAITO (Attachments: #1 EXPERT REPORT, #2 Declaration 22-1.. DECLARATION OF LEE KAWN HYUNG PG. 1, #3 Declaration 22-2. DECLARATION OF LEE KAWN HYUNG PG. 2, #4 Declaration 22-3. DECLARATION OF LEE KAWN HYUNG PG. 3, #5 Declaration 22-4. DECLARATION OF LEE KAWN HYUNG PG. 4, #6 Declaration 24 DECLARATION OF MARCELLO SOLIVEN, #7 Declaration 25. Declaration of Teruhiko Tamori, #8 Declaration 26-1. Declaration of Steve Kim, #9 Exhibit 26-2. EXHBIT 1 to Declaration of Steve Kim -Saito 012, #10 Exhibit 26-3. EXHIBIT 2 -O'MEARA, CIVITAS CARD, #11 Declaration 27. DECLARATION OF ACE KIM PG. 1, #12 Declaration 27, DECLARATION OF ACE KIM PG. 2, #13 Declaration 27. DECLARATION OF ACE KIM PG. 3., #14 Declaration 29 DOGLAS CHEON Declaration of Douglas Cheo)(GRACE, MARY)
June 7, 2014 Filing 346 MOTION for Leave to File Documents in or Exhibits to the Expert Report for Defendant Mary Grace Under Seal which documents are marked CONFIDENTIAL UNDER SEAL - with Expert Report by MARY A. GRACE (Attachments: #1 EXPERT REPORT, #2 Declaration 22-1. DECLARATION OF LEE KAWN HYUNG PG. 1., #3 Declaration 22-2. DECLARATION OF LEE KAWN HYUNG PG. 2, #4 Declaration 22-3. DECLARATION OF LEE KAWN HYUNG PG. 3., #5 Declaration 22-4. DECLARATION OF LEE KAWN HYUNG PG. 4, #6 Declaration 24. DECLARATION OF 24 MARCELLO SOLIVEN, #7 Declaration 25. Declaration of Teruhiko Tamori, #8 Declaration 26-1. Declaration of Steve Kim, #9 Exhibit 26-2. EXHBIT 1 to Declaration of Steve KimSaito 012, #10 Exhibit 26-3. EXHIBIT 2 -O'MEARA, CIVITAS CAR, #11 Declaration 27. DECLARATION OF ACE KIM PG. 1, #12 Declaration 27, DECLARATION OF ACE KIM PG. 2, #13 Declaration 27. DECLARATION OF ACE KIM PG. 3., #14 Declaration 29. DECLARATION OF DOUGLAS CHEON)(GRACE, MARY)
June 6, 2014 Filing 345 MOTION for Leave to File documents under seal which are part of and exhibits to the Expert Report for Defendant Tamio Saito- which documents are marked CONFIDENTIAL UNDER SEAL by TAMIO SAITO (Attachments: #1 EXPERT REPORT, #2 CHAPTER 4. EXHIBIT 4-2. DUE DILIGENCE REPORT PART 2)(GRACE, MARY)
June 6, 2014 Filing 344 MOTION for Leave to File documents under seal which are part of and exhibits to the Expert Report for Defendant Tamio Saito- which documents are marked CONFIDENTIAL UNDER SEAL by TAMIO SAITO (Attachments: #1 EXPERT REPORT, #2 Exhibit CHAPTER 4. EXHIBIT 4-1. DUE DILIGENCE REPORT PART 1)(GRACE, MARY)
June 6, 2014 Filing 343 MOTION for Leave to File documents under seal which are part of and exhibits to the Expert Report for Defendant Tamio Saito- which documents are marked CONFIDENTIAL UNDER SEAL by TAMIO SAITO (Attachments: #1 EXPERT REPORT, #2 Exhibit CHAPTER 1 EXHIBIT 1B.) BIO TERUHIKO TAMORI, #3 Exhibit CHAPTER 1 EXHIBIT 1B-2-. Bio of Teruhiko Tamori - Patents & Publications, #4 Exhibit CHAPTER 1 EXHIBIT 1C.) Bio of Marcello Soliven, #5 Exhibit CHAPTER 1 EXHIBIT 1D.) Bio LEE Kawn Hyung, #6 Exhibit CHAPTER 1 Exhibit 1E. Bio of Brad McGoran & Profile of Exponent Failure Analysis Inc., #7 Exhibit CHAPTER 1 EXHIBIT 1F. Bio of Dr. Behnam Bavarian PhD., #8 Exhibit CHAPTER 1 EXHIBIT 2. EXPONENT TEST & EVALUATION REPORT)(GRACE, MARY)
June 6, 2014 Filing 342 MOTION for Leave to File documents under seal which are part of and exhibits to the Expert Report for Defendant Tamio Saito- which documents are marked CONFIDENTIAL UNDER SEAL by TAMIO SAITO (Attachments: #1 EXPERT REPORT, #2 Exhibit CHAPTER 1 - EXHIBIT 1A-4.) Tamio Saito Bio PART 4, #3 Exhibit CHAPTER 1 - EXHIBIT 1A-5.) Tamio Saito Bio Part 5)(GRACE, MARY)
June 6, 2014 Filing 341 MOTION for Leave to File documents under seal which are part of and exhibits to the Expert Report for Defendant Tamio Saito- which documents are marked CONFIDENTIAL UNDER SEAL by TAMIO SAITO (Attachments: #1 EXPERT REPORT, #2 Exhibit CHAPTER 1 - EXHIBIT 1A-3.) Tamio Saito Bio PART 3)(GRACE, MARY)
June 6, 2014 Filing 340 MOTION for Leave to File Documents under seal which are part of and exhibits to the Expert Report for Tamio Saito- which documents are marked CONFIDENTIAL UNDER SEAL by TAMIO SAITO (Attachments: #1 EXPERT REPORT, #2 Exhibit CHAPTER 1 - EXHIBIT 1A-1.) Tamio Saito Bio PART 1, #3 Exhibit CHAPTER 1 - EXHIBIT 1A-2.) Tamio Saito PUBLICATIONS & PATENTS)(GRACE, MARY)
June 6, 2014 Filing 339 MOTION for Leave to File by MARY A. GRACE (Attachments: #1 EXPERT REPORT, #2 Exhibit CHAPTER 4. EXHIBIT 4-1. DUE DILIGENCE REPORT PART 2)(GRACE, MARY)
June 6, 2014 Filing 338 MOTION for Leave to File documents under seal which are part of and exhibits to the Expert Report - which documents are marked CONFIDENTIAL UNDER SEAL by MARY A. GRACE (Attachments: #1 EXPERT REPORT, #2 Exhibit CHAPTER 4. EXHIBIT 4-1. DUE DILIGENCE REPORT PART 1)(GRACE, MARY)
June 6, 2014 Filing 337 MOTION for Leave to File documents under seal which are part of and exhibits to the Expert Report - which documents are marked CONFIDENTIAL UNDER SEAL by MARY A. GRACE (Attachments: #1 Expert Report, #2 Exhibit Chapter 1 Exhibit 1 B. Bio of Teruhiko Tamori, #3 Exhibit Chapter 1 Exhibit 1B-2-. Bio of Teruhiko Tamori - Patents & Publications, #4 Exhibit Chapter 1 Exhibit 1C. Bio of Marcello Soliven, #5 Exhibit Chapter 1 Exhibit 1D. Bio of Lee Kawn Hyung, #6 Exhibit Chapter 1 Exhibit 1E. Bio of Brad McGoran & Profile of Exponent Failure Analysis Inc., #7 Exhibit Chapter 1 Exhibit 1F. Bio of Dr. Behnam Bavarian PhD., #8 Exhibit Chapter 2. Exhibit 2. Exponent Test and Evaluation Report)(GRACE, MARY)
June 6, 2014 Filing 336 MOTION for Leave to File Documents which are part of and exhibits to the Expert Report for Defendant Mary Grace Under Seal which documents are marked CONFIDENTIAL UNDER SEAL - in and filed with Expert Report by MARY A. GRACE (Attachments: #1 Expert Report, #2 Exhibit Chapter 1 Exhibit 1 A-4. Bio of Tamio Saito Part 4, #3 Exhibit Chapter 1 Exhibit 1A-5. Bio of Tamio Saito Part 5. Part 2)(GRACE, MARY)
June 6, 2014 Filing 335 MOTION for Leave to File documents which are part of the Expert Report for Defendant Mary Grace Under Seal which documents are marked CONFIDENTIAL UNDER SEAL - with Expert Report by MARY A. GRACE (Attachments: #1 Expert Report, #2 Exhibit Chapter 1 Exhibit 1 A-3. Bio of Tamio Saito Part 3)(GRACE, MARY)
June 6, 2014 Filing 334 MOTION for Leave to File Documents in the Expert Report for Defendant Mary Grace Under Seal which documents are marked CONFIDENTIAL UNDER SEAL - with Expert Report by MARY A. GRACE (Attachments: #1 Expert Report, #2 Exhibit Chapter 1 Exhibit 1 A-1. Bio of Tamio Saito Part 1, #3 Exhibit Chapter 1 Exhibit 1A-2. Bio of Tamio Saito Part 2. Part 2)(GRACE, MARY)
June 3, 2014 Opinion or Order MINUTE ORDER granting #333 Sealed Motion for Leave to File Document Under Seal. Upon consideration of the Government's Motion, it is hereby ORDERED that the Motion is GRANTED; the #333 Motion itself, along with Attachments 1 through 21, 96-97, and Attachment 224 to the Maher Declaration -- all of which were filed with the SEC's Motion for Summary Judgment -- are hereby filed under seal. Signed by Judge James E. Boasberg on 6/3/2014. (lcjeb4)
June 2, 2014 Filing 333 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by U.S. SECURITIES AND EXCHANGE COMMISSION (This document is SEALED and only available to authorized persons.) (Attachments: #1 Exhibit Attachment 1, #2 Exhibit Attachment 2, #3 Exhibit Attachment 3, #4 Exhibit Attachment 4, #5 Exhibit Attachment 5, #6 Exhibit Attachment 6, #7 Exhibit Attachment 7, #8 Exhibit Attachment 8, #9 Exhibit Attachment 9, #10 Exhibit Attachment 10, #11 Exhibit Attachment 11, #12 Exhibit Attachment 12, #13 Exhibit Attachment 13a, #14 Exhibit Attachment 13b, #15 Exhibit Attachment 14, #16 Exhibit Attachment 15, #17 Exhibit Attachment 16, #18 Exhibit Attachment 17, #19 Exhibit Attachment 18, #20 Exhibit Attachment 19, #21 Exhibit Attachment 20, #22 Exhibit Attachment 21, #23 Exhibit Attachment 96, #24 Exhibit Attachment 97, #25 Exhibit Attachment 229)(Maher, Daniel)
June 2, 2014 Filing 332 LARGE ADDITIONAL ATTACHMENT(S) 199-237 by U.S. SECURITIES AND EXCHANGE COMMISSION #324 MOTION for Summary Judgment filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit, #35 Exhibit, #36 Exhibit, #37 Exhibit, #38 Exhibit, #39 Exhibit)(Maher, Daniel)
June 2, 2014 Filing 331 LARGE ADDITIONAL ATTACHMENT(S) 173-198 by U.S. SECURITIES AND EXCHANGE COMMISSION #324 MOTION for Summary Judgment filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit)(Maher, Daniel)
June 2, 2014 Filing 330 LARGE ADDITIONAL ATTACHMENT(S) 141-172 by U.S. SECURITIES AND EXCHANGE COMMISSION #324 MOTION for Summary Judgment filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit)(Maher, Daniel)
June 2, 2014 Filing 329 LARGE ADDITIONAL ATTACHMENT(S) 110-140 by U.S. SECURITIES AND EXCHANGE COMMISSION #324 MOTION for Summary Judgment filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit)(Maher, Daniel)
June 2, 2014 Filing 328 LARGE ADDITIONAL ATTACHMENT(S) 90-109 by U.S. SECURITIES AND EXCHANGE COMMISSION #324 MOTION for Summary Judgment filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit)(Maher, Daniel)
June 2, 2014 Filing 327 LARGE ADDITIONAL ATTACHMENT(S) 85-89 by U.S. SECURITIES AND EXCHANGE COMMISSION #324 MOTION for Summary Judgment filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Maher, Daniel)
June 2, 2014 Filing 326 LARGE ADDITIONAL ATTACHMENT(S) 80-84 by U.S. SECURITIES AND EXCHANGE COMMISSION #324 MOTION for Summary Judgment filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Maher, Daniel)
June 2, 2014 Filing 325 LARGE ADDITIONAL ATTACHMENT(S) 48-79 by U.S. SECURITIES AND EXCHANGE COMMISSION #324 MOTION for Summary Judgment filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit)(Maher, Daniel)
June 2, 2014 Filing 324 MOTION for Summary Judgment by U.S. SECURITIES AND EXCHANGE COMMISSION (Attachments: #1 Statement of Facts, #2 Memorandum in Support, #3 Affidavit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit, #35 Exhibit, #36 Exhibit, #37 Exhibit, #38 Exhibit, #39 Exhibit, #40 Exhibit, #41 Exhibit, #42 Exhibit, #43 Exhibit, #44 Exhibit, #45 Exhibit, #46 Exhibit, #47 Exhibit, #48 Exhibit, #49 Exhibit, #50 Exhibit)(Maher, Daniel)
May 27, 2014 Opinion or Order Filing 323 ORDER denying #320 Motion for Reconsideration and #321 Motion for Reconsideration. For the reasons explained in the accompanying Order, the Court ORDERS that: (1) Saito's Motion for Reconsideration (ECF No. #320 ) is DENIED as superseded by his Amended Motion (ECF No. #321 ); (2) Saito's Amended Motion is DENIED; and (3) The expert deadlines, as set forth in the Court's Minute Order of April 24, 2014, shall remain in effect. Signed by Judge James E. Boasberg on 5/27/2014. (lcjeb4)
May 19, 2014 Filing 322 LARGE ADDITIONAL ATTACHMENT(S) Motion for Reconsideration of Order May 13, 2014 Order by TAMIO SAITO #321 Amended MOTION for Reconsideration re #320 MOTION for Reconsideration re Order May 13, 2014 filed by TAMIO SAITO. (Attachments: #1 Exhibit 3A,) I AM Card produced by O'MEARA 2011, CIVITAS July 2013 AND EXPONENT, #2 Exhibit 3B.) I AM card produced by Marcello Soliven, #3 Exhibit 4A.) Plain white card produced by Mr. Saito, #4 4B.) Plain white card produced by Mr. Saito, #5 5A.) Soliven Exhibit 051, #6 5B.) Soliven Exhibit 051\4)(GRACE, MARY)
May 19, 2014 Filing 321 Amended MOTION for Reconsideration re #320 MOTION for Reconsideration re Order May 13, 2014 by TAMIO SAITO (Attachments: #1 Text of Proposed Order Text of Proposed Order, #2 Declaration Declaration of Tamio Saito, #3 Exhibit e-Smart Flag card, #4 Exhibit Blue e-Smart Mybi Card)(GRACE, MARY)
May 19, 2014 Filing 320 MOTION for Reconsideration re Order May 13, 2014 by TAMIO SAITO (GRACE, MARY)
May 14, 2014 Filing 319 REPLY to opposition to motion re #298 First MOTION for Sanctions Against Grace for Violations of Orders re Bank Records filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Guido, Kenneth)
May 13, 2014 Minute Entry for proceedings held before Judge James E. Boasberg: Telephone Conference held on 5/13/2014. (Court Reporter Lisa Griffith) (ad)
May 13, 2014 Opinion or Order MINUTE ORDER: As discussed in today's conference call from the courtroom, the Court ORDERS that the deadlines set in the April 24, 2014, Minute Order shall remain as stated. Signed by Judge James E. Boasberg on 5/13/2014. (lcjeb4)
May 12, 2014 Filing 318 ERRATA Defendant's Opposition to Plaintiff's Motion for Sanctions Exhibits -omitted inadvertantly by MARY A. GRACE #298 First MOTION for Sanctions Against Grace for Violations of Orders re Bank Records filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Errata Exhibit 8B.) Last Loan applied for Defendant companies - Nov. 11, 2011- Loan not made -e-Smart requested to be Delisted finally- granted Jan. 2012, #2 Errata Exhibit 12C. Follow Up - back up - 2nd Delivery to Korea Exchang Bank, #3 Errata EXHIBIT 17 A-1.0 TESTIMONY OF JOSEPH LESHKOWITZ REGARDING E-SMART ACTING CFO ACCOUNTANT ANTHONY RUSSO COMINGLING OF ACCOUNTS - CORRECTED SUBSEQUENTLY BY NEW ACCOUNTANTS AND AUDITORS, #4 Errata EXHIBIT 17A-2.) Re-Internal Controls Report of Auditor S.Hung, #5 Errata Exhibit 17B. -6B-1 (highlighted) PR - Michael Gardiner Charged in scheme claiming they developed a process to make gold out of volcanic ash, #6 Errata Exhibit 17B.- 6B-2.) Michael Gardiner Press Release of Guilty Plea, #7 Errata Exhibit 17B..-6A-1.) Wayne Drizin -Excerpts fo AramRostom's Book 'The Man Who Pushed America to War"- (highlighted) World news - Mideast/N. Africa - Conflict in Iraq | NBC News, #8 Errata Exhibit 17B.-6A-2.) Bio - Aram Roston - Author Of "Man Who Pushed America to War" with Wayne Drizin's Background)(GRACE, MARY)
May 8, 2014 Filing 317 LARGE ADDITIONAL ATTACHMENT(S) Exhibits 17-5.) Part 5 - Exhibits Defendant Opposition to Plaintiff's Motion for Sanctions by MARY A. GRACE #316 Large Additional Attachment(s), filed by MARY A. GRACE. (Attachments: #1 Exhibit Exhibit 17-5I.) Parks, Sharon 9-11-0, #2 Exhibit Exhibit 17-5J.)Laucks, Thomas 9-10-08, #3 Exhibit Exhibit 17-5L.)O'Meara, Kelly 10-7-10)(GRACE, MARY)
May 8, 2014 Filing 316 LARGE ADDITIONAL ATTACHMENT(S) Exhibits 17-5.) Part 4 - Exhibits Defendant Opposition to Plaintiff's Motion for Sanctions by MARY A. GRACE #315 Large Additional Attachment(s), filed by MARY A. GRACE. (Attachments: #1 Exhibit Exhibit 17-5R.) `Russo, Anthony 6-12-08.)(GRACE, MARY)
May 8, 2014 Filing 315 LARGE ADDITIONAL ATTACHMENT(S) Exhibits 17-5.) Part 3 - Exhibits Defendant Opposition to Plaintiff's Motion for Sanctions by MARY A. GRACE #314 Errata,, filed by MARY A. GRACE. (Attachments: #1 Exhibit 17-5A.) Fritz, Maranda 3-12-08)(GRACE, MARY)
May 8, 2014 Filing 314 ERRATA Exhibits 17-5.) Part 2 - Exhibits Defendant Opposition to Plaintiff's Motion for Sanctions by MARY A. GRACE #298 First MOTION for Sanctions Against Grace for Violations of Orders re Bank Records filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Exhibit 17-5C.)Deposition of Stewart Hung - Horowitz & Ullman, #2 Exhibit 17-5D.) Deposition of Joseph Leshkowitz.pdf, #3 Exhibit 17-5B.) Volpe, T, #4 Exhibit 17-5F.) Cole, Elliot 10-03-08.pdf, #5 Exhibit 17-5H&) Messina, Gary 9-29-08)(GRACE, MARY)
May 8, 2014 Filing 313 ERRATA Exhibit 17.Exhibits 17-1 thu 17-6.) Defendant's Opposition to Plaintiff's Motion for Sanctions by MARY A. GRACE #298 First MOTION for Sanctions Against Grace for Violations of Orders re Bank Records filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Exhibit _Exhibit 17 Summary.pdf, #2 Exhibit Exhibit 17-1.)Barry Yaker - U.S. report | j. the Jewish news weekly of Northern California, #3 Exhibit Exhibit 17-2.) Anthony russo, W. Anthony Huff, Danny L. Pixler, Anthony R. Russo, Otha Ray McCartha and Charles J. Spinelli/ Lit. Rel. No. 20481 / March 6, 2008, #4 Exhibit Exhibit 17-3A.) e-Smart Policy&Procedures., #5 Exhibit Exhibit 17-3B.)Policy & Procedures Handbook - IVI e-Smart BioSensor -Worldwide, #6 Exhibit Exhibit 17-4.) O'Meally, Beverly 3-11-09, #7 Exhibit Exhibit 17-5G.) Black, Charles 9-17-08)(GRACE, MARY)
May 8, 2014 Filing 312 ERRATA Amended Proposed Text for Order by MARY A. GRACE #298 First MOTION for Sanctions Against Grace for Violations of Orders re Bank Records filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Text of Proposed Order Amended Proposed Text for Order)(GRACE, MARY)
May 8, 2014 Filing 311 ERRATA Exhibits to Defendant's Opposition to Plaintiff's Motion for Sanctions - Follow Up Efforts to Obtain Bank Records by MARY A. GRACE #298 First MOTION for Sanctions Against Grace for Violations of Orders re Bank Records filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Exhibit Exhibit 15A. Follow up letters to Korea Exchange Bank re Fedx package with Court Order and Consent Directives and the attachments etc, #2 Exhibit Exhibit 15A. Follow up letters to Korea Exchange Bank re Fedx package with Court Order and Consent Directives and the attachments etc, #3 Exhibit Exhibit 15C.) REDACTED COMMUNICATIONS WITH US CONSULAR - FILED UNDER SEAL PG. 1, #4 Exhibit Exhibit 15C.) REDACTED COMMUNICATIONS WITH US CONSULAR - FILED UNDER SEAL PG. 2., #5 Exhibit Exhibit 15C.) REDACTED COMMUNICATIONS WITH US CONSULAR - FILED UNDER SEAL PG. 3, #6 Exhibit EXHIBIT 16 -e-mails with Bank of Hawaii and Duetsche Bank (Suisse) after many months the bank records were finally obtained, #7 Exhibit EXHIBIT 16A-1.) Bank of Hawaii - Successfully obtained bank records, #8 Exhibit EXHIBIT 16A-2.) Bank of Hawaii Response to Requests, #9 Exhibit EXHIBIT 16A-3.) Letter to Bank of Hawaii Ala Moana Branch- March 12, 2014, #10 Exhibit XHIBIT 16A-4).Bank of Hawaii, #11 Exhibit EXHIBIT 16B-1.)Oct 21, 2013 Deutsche Bank Follow up Request Letter to Deutshe Bank Customer, #12 EXHIBIT 16B-2.) Nov. 18, 2013Deutsche Bank (Suisse) LETTERS & E-MAILS TO DEUTSCHE BANK (SUISSE), #13 EXHIBIT 16B-3.) Successfully Obtained Bank records -Deutsche Bank - Account_Advices, #14 EXHIBIT 16C.4.) Nov. 29, 2013 DEUTSCHE BANK FED XEXHIBIT 16C.4.) Nov. 29, 2013 DEUTSCHE BANK FED X)(GRACE, MARY)
May 8, 2014 Filing 310 ERRATA Defendants Opposition to Plaintiff's Motion for Sanctions - Text of Proposed Order and Declaration of Mary Grace by MARY A. GRACE #298 First MOTION for Sanctions Against Grace for Violations of Orders re Bank Records filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Exhibit Declaration of Mary Grace - May 7, 2014, #2 Text of Proposed Order Proposed Order)(GRACE, MARY)
May 7, 2014 Filing 309 Memorandum in opposition to re #298 First MOTION for Sanctions Against Grace for Violations of Orders re Bank Records DEFENDANT'S OPPOSITION TO PLAINTIFF'S MOTION FOR SANCTIONS filed by MARY A. GRACE. (Attachments: #1 Exhibit _EXHIBITS TO DEFENDANTS OPPOSITION TO PLAINTIFF'S MOTION FOR SANCTIONS (MAY 7, 2014), #2 Affidavit Exhibit 1 Affidavit of Mary Grace listing Bank Accounts as Ordered, #3 Exhibit Exhibit 2 Motion for Clarification and Reconsideration for leave to Plaintiff to file Motion for Sanction, #4 Exhibit Exhibit 3.) e-Mail from Mary Grace to K.Guido Requesting Standard Chartered Korea Bank Information, #5 Affidavit Exhibit 4.) Affidavit of Mary Grace Setting Forth Good-faith Efforts to Obtain Bank Records, #6 Declaration Exhibit 4.) Affidavit of Mary Grace Setting Forth Good-faith Efforts to Obtain Bank Records, #7 Declaration Exhibit 6A. Executed Declaration of Rachid Zangui 5/5/2014, #8 Exhibit Exhibit 6B. Original unexecuted -Declaration of Rachid Zangui, #9 Exhibit EXHIBIT 7 e-mails from e-Smart Accountant to Rachid Zangu, #10 Exhibit Exhibit 8 First Colorado Financial Loans, #11 Exhibit Exhibit 9A.) LLB - Account Name & Numve, #12 Exhibit Exhibit 9B) LLB -mail No Funds Received, #13 Exhibit Exhibit 9C.) LLB - No Funds Received - Account Closed., #14 Exhibit Exhibit 9D.) Oct. 21, 2013 LLB Bank Follow up Request for Bank Records, #15 Exhibit Exhibit 9E..) Nov. 14, 2013 LLB Bank -Jorg Klar- Follow up Request for Bank Record., #16 Exhibit Exhibit 9F.) Nov. 15, 2013Mr. Edward Zorc- Request for Bank Records, #17 Exhibit Exhibit 9G..)Nov. 15, 2013 LLB - Dr. Gabriel Brenna, #18 Exhibit Exhibit 10A.) Wells Fargo Bank Statement Pg. 1 March 3, 2010 incoming wire not from IVI LLB account, #19 Exhibit Exhibit 10B.) Wells Far, #20 Exhibit Exhibit 11.) Exponent Expert Report(1) Executive Summar, #21 Exhibit Exhibit 11.) Exponent Expert Report(1) Executive Summar, #22 Exhibit Exhibit 12B.) Korea Exchange Bank -Fedex Proof of Delivery.pdf, #23 Exhibit Exhibit 14A.) Cannes Film Catalogue 2012 - THE LITTLE MATCH GIRL-, #24 Exhibit Exhibit 14A.) Cannes Film Catalogue 2012 - THE LITTLE MATCH GIRL-, #25 Exhibit Exhibit 17A. Leshkowitz & Company Joseph Leshkowitz.Deposttion of Joseph Leshkowitz43831condensed.pdf)(GRACE, MARY)
May 7, 2014 Filing 308 TRANSCRIPT OF PROCEEDINGS before Judge James E. Boasberg held on 10-11-13; Page Numbers: 1-34. Date of Issuance:5/7/14. Court Reporter/Transcriber Patricia Kaneshiro-Miller, Telephone number 202-354-3243, Court Reporter Email Address : patfromhawaii@aol.com.

<

<

< Redaction Request due 5/28/2014. Redacted Transcript Deadline set for 6/7/2014. Release of Transcript Restriction set for 8/5/2014.(Kaneshiro-Miller, Patricia)
May 7, 2014 Opinion or Order MINUTE ORDER granting #304 Motion for Extension of Time to Comply with Court's Order. Although this case has been riddled with lengthy delays, the Court believes that, given Soliven's affidavit regarding his stage-4 cancer and ongoing chemotherapy, it must extend some of the expert and motion deadlines. As a result, it ORDERS that: 1) Saito's Emergency Motion (ECF No. #304 ) is GRANTED; 2) Saito will have until June 7, 2014, to produce the items required in the Court's April 16, 2014, Order; and 3) The Court will discuss new deadlines in its forthcoming conference call on May 13, 2014. Signed by Judge James E. Boasberg on 5/7/2014. (lcjeb4)
May 7, 2014 Set/Reset Deadline: Saito will have until 6/7/2014, to produce the items required in the Court's 4/16/2014 Order. (dr)
May 5, 2014 Filing 307 REPLY to opposition to motion re #304 Emergency MOTION for Extension of Time to Defendant Tamio Saito's Motion for an Extension of deadline to produce documents and materials Ordered by the Court. Amended Reply - 1 addition in Last paragraph - Defendant Tamio Saito Reply to Plaintiff's Opposition to Tamio Saito's Motion for an Extension of Time for Production of Documents and Materials Ordered to be Produced on May 7, 2014 filed by TAMIO SAITO. (Attachments: #1 Exhibit Notice of Misconduct, Delay and Withholding of Documents and Violation of Court Order)(GRACE, MARY)
May 5, 2014 Filing 306 REPLY to opposition to motion re #304 Emergency MOTION for Extension of Time to Defendant Tamio Saito's Motion for an Extension of deadline to produce documents and materials Ordered by the Court. Defendant Tamio Saito's Reply to Plaintiff's Opposition to Tamio Saito's Motion for an Extension of deadline to produce documents and materials Ordered by the Court. filed by TAMIO SAITO. (Attachments: #1 Exhibit Tamio Saito's Notice of Misconduct and Delay to Plaintiff Counsel K.Guido, T.Rogers and D. Maher)(GRACE, MARY)
May 5, 2014 Filing 305 Memorandum in opposition to re #304 Emergency MOTION for Extension of Time to Defendant Tamio Saito's Motion for an Extension of deadline to produce documents and materials Ordered by the Court. OPPOSITION TO MOTION FOR EXTENSION OF TIME filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Guido, Kenneth)
May 5, 2014 Filing 304 Emergency MOTION for Extension of Time to Defendant Tamio Saito's Motion for an Extension of deadline to produce documents and materials Ordered by the Court. by TAMIO SAITO (GRACE, MARY)
May 1, 2014 Opinion or Order MINUTE ORDER: A conference call is hereby set for Tuesday, May 13, 2014, at 3:00 p.m. to continue the ongoing discovery-dispute discussion between Defendant Grace and Plaintiff SEC. As per usual, the Court will call the parties five minutes in advance, and the discussion will be recorded by the Court Reporter. Signed by Judge James E. Boasberg on 5/1/2014. (lcjeb4)
April 30, 2014 Filing 303 AFFIDAVIT re Order,, Exhibits to Marcello Soliven Exhibit 1 -Declaration of Tamio Saito by MARY A. GRACE. (Attachments: #1 Exhibit 5A. Court Order - 11-15-2-13, #2 Exhibit 5B. Incomplete Answers to Interrogatories Ordered to be answereed on Dec. 2, 2013 by Jan. 16, 2014., #3 Exhibit 6 A. NxGen Inventory List Produced July 2013, #4 Exhibit 6 B. NxGen Inventory list 2 Produced July 2013, #5 Exhibit 7A. 6th Defendants Sixth Request for Documents, Material Things (& DUPLICATES OF SMART CARDS) August 6, 2013, #6 Exhibit 7B (2). 8th Defendants Eighth Request for Documents, and Tangible Things Oct. 1, 2013 (without pictures of Michael Gardiner, Richard Barrett and NxGen production., #7 Exhibit 8A. Declaration of Tamio Saito- Oct. 31, 20131., #8 Exhibit 8B. Declaration of Marcello Soliven- Oct. 31, 2013, #9 Exhibit 9. Marcello Soliven April 22, 2014 e-mail regarding Stage 4 Cancer Chemotherapy, #10 Exhibit 10. Saito Exhibit 012 and 013, #11 Exhibit 11. Counsel's letter regarding Misconduct to SEC- from Michael MacPhail, Tamio Saito's counsel 2-21-12, #12 Exhibit 12A. Exponent Expert Report(1) X-Ray pg. 15, #13 Exhibit 12B. Exponent Expert Report(1) X-Ray pg. 7)(GRACE, MARY)
April 30, 2014 Filing 302 LARGE ADDITIONAL ATTACHMENT(S) Duplicate e-Smart cards produced and/or obtained by Plaintiff withheld from Defendants by MARY A. GRACE Order,,. (Attachments: #1 Exhibit 4.) Declaration of Richard Barrett June 7, 2013 - & e- Smart cards produced)(GRACE, MARY)
April 30, 2014 Filing 301 LARGE ADDITIONAL ATTACHMENT(S) Exhibit of Duplicate e-Smart smart cards relevant cards produced to Plaintiff and withheld from Defendants by MARY A. GRACE Order,,. (Attachments: #1 Exhibit 3A. Declaration of Michael Gardiner- December 5, 2013, #2 Exhibit 3B. Gardiner Exhibits to Declaration of Dec. 5, 2013)(GRACE, MARY)
April 30, 2014 Filing 300 LARGE ADDITIONAL ATTACHMENT(S) Duplicates of Smart Cards Requested and Produced and/or obtained by Plaintiff and withheld from Defendants by MARY A. GRACE Order,,. (Attachments: #1 Exhibit 2A. Court Order 4.3.2014, #2 Exhibit 2B. Duplicate Smart Cards Produced to SEC which they have not produced to Defendants pursuant to the Court Orde)(GRACE, MARY)
April 30, 2014 Filing 299 AFFIDAVIT re Order,, Expert Soliven Declaration re current health condition and medical treatment and Expert Report schedule by MARY A. GRACE. (Attachments: #1 Declaration Soliven Exhibit 1 - Declaration of Tamio Saito April 30, 2014 re Expert Report Schedule & Medical Condition of Expert Marcello Soliven, #2 Exhibit 1. Report of Misconduct to Inspector General of the SEC - April 28, 2014, #3 Exhibit IG-1.) Insight-PDF, #4 Exhibit IG-3A.) 8K e-Smart - Samsung S1 Announcdement & Supply Contract Attached, #5 Exhibit IG-3B.) Notarial Certificate_translation of e-Smart -Samsung S1 Supply Contract_s1 translation from Korean to English to confirm accuracy of the translation and contract, #6 Exhibit IG-4.) Sejong City - Korea Government Press Release & Info on eSmart I AM Card in Sejong City- Pg. 11, 12, 14, & 15, #7 Exhibit IG-5.) Exponent Expert Report(1) Executive Summary Converted PDF File, #8 Exhibit IG-6.) e-Mail of e-Smart's Expert Marcello Soliven April 22, 2014 regarding Stage 4 Cancer diagnosis and current commencement of chemotheray treatments)(GRACE, MARY)
April 24, 2014 Minute Entry for proceedings held before Judge James E. Boasberg: Status Conference held on 4/24/2014. (Expert reports shall be due 6/06/2014, and depositions of experts shall be completed by 6/30/2014; The SEC may file its motion for summary judgment any time on or before 7/30/2014). (Court Reporter Lisa Griffith) (ad)
April 24, 2014 Opinion or Order MINUTE ORDER: As discussed at today's status hearing, the Court ORDERS that: 1) Expert reports shall be due June 6, 2014, and depositions of experts shall be completed by June 30; 2) This deadline may change depending on the health of Defendant Grace's proposed expert Soliven; and 3) The SEC may file its motion for summary judgment any time on or before July 30, 2014; Defendants' oppositions and cross-motions shall be due 30 days after the SEC files; the SEC's opposition(s) and reply shall be due 21 days thereafter, and Defendants' replies shall be due 21 days thereafter. Signed by Judge James E. Boasberg on 4/24/2014. (lcjeb4)
April 23, 2014 Filing 298 First MOTION for Sanctions Against Grace for Violations of Orders re Bank Records by U.S. SECURITIES AND EXCHANGE COMMISSION (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Text of Proposed Order)(Guido, Kenneth)
April 16, 2014 Opinion or Order Filing 297 ORDER granting #242 Motion to Produce. For the reasons outlined in the attached Memorandum Opinion and Order, the Court ORDERS that: (1) The SEC's Motion to Compel is GRANTED; and (2) Saito shall produce the materials listed in the attached Memorandum Opinion and Order by May 7, 2014. Signed by Judge James E. Boasberg on 4/16/2014. (lcjeb4)
April 16, 2014 Set/Reset Deadline: Saito shall produce the materials listed in the attached Memorandum Opinion and Order by 5/7/2014. (ad)
April 15, 2014 Opinion or Order MINUTE ORDER: The conference call previously set for tomorrow, April 16, 2014, at 3:00 p.m. is hereby VACATED. Signed by Judge James E. Boasberg on 4/15/2014. (lcjeb4)
April 14, 2014 Filing 296 ERRATA Exhibits to Defendants Motion for Reconsideration and Memorandum in Support of Motion Part 1 and Part 2 - Twelfth set of Exhibits by MARY A. GRACE #274 MOTION for Reconsideration Defendant Mary Grace and Tanio SaitoJoint Motion for Reconsideration filed by MARY A. GRACE. (Attachments: #1 Exhibit 5A. 2008 Stock Purchase Agreement Michael Elek March 26, 2008[1, #2 Exhibit 5. (15-O,) M.Fritz T.Russo 2007 Issuance Resolution of Share Presentarion of (subject) Loan and Compensation shares for 10-K, #3 5. (16-P.) LICENSE FEES E-SMART SHARES ISSUED FOR NOT LOANS 5. MFritz - Hinshaw -VALUATION OF SHARES ISSUES stewartmemo, #4 5. (17-O) CEO M.Grace Reports to Counsel M.Fritz & Stock Transfer Agent that they mistakenly issued free trading shares & made mistake; in re-issuance of (subject) Opinion Loan shares and to correct mistake and put restrictions on e-Smart share, #5 5. (18-R.) Stock issued incorrectly instead of being re-issued from Intermarket shares - e-mails to Counsel M.Fritz & Transfer Agent- Holladay to Correct, #6 5. (19-S) Counsel MF 10K 2nd to last Valuation & Approval of (subject) Opinion Loan shares Sept2007, #7 5. (20-T.) Counsel M.Fritz Feb. 12, 2008 Loan List Compensation Lists for Auditors.pdf, #8 5. (21-U) Counsel M Fritz & CEO M.Grace e-mails re incorrect issuance instead of re-issuance of IVI certificate - Shares wrongly issued by Holladay, #9 5. (22-V.) Counsel M.Fritz to CFO T.Russo re subject Intermarket Loans and SEC request for information regarding - Re_ Surprise e-Mail from e-Smart's Independent Auditors, #10 5. (23-W.) Counsel M.Fritz - CFO T.Russo 2006 - 2007 re; ratifying Share Issuance of subject loan & compensation shares, #11 5. (24-X) Counsel M.Fritz-approval of loan shares to board & TR -Auditors....pdf, #12 5. (25.Y.) Counsel M.Fritz -to CFO T,Russo Re_ Our 10-K.pdf, #13 5. (26-Z,) Counsel M. Fritz letter to CFO T. Russo re (subject) LOAN SHARES TO APPROVE FOR AUDITORSNEWYORK1_31026591_1., #14 5. (26-Z-2.) List of shares approved by Counsel M.Fritz & CFO T.Russo for AuditorsNEWYORK1_31026778_1-8, #15 5. (A.A.-1)Testimony Excerpts Counsel M.FRITZ TEST PG 37-18, #16 5. (B.B.-2.) Counsel M. Fritz Test Excerpts re M.Fritz Loan Opinion, #17 5. (C.C.-3.) Counsel M.Fritz Testimony Excerpt Re. (subject) Opinion Loan Share, #18 5. (D.D.-4.) Counsel M.Fritz Testimony & e-mail (subject) Opinion Loan Shares)(GRACE, MARY)
April 14, 2014 Filing 295 ERRATA Declaration of Tamio Saito and Declaration of Mary Grace by MARY A. GRACE #274 MOTION for Reconsideration Defendant Mary Grace and Tanio SaitoJoint Motion for Reconsideration filed by MARY A. GRACE. (Attachments: #1 Affidavit Declaration of Mary Grace, #2 Affidavit Declaration of Tamio Saito)(GRACE, MARY)
April 14, 2014 Filing 294 ERRATA Exhibits to Defendants Motion for Reconsideration and Memorandum in Support of Motion Part 1 and Part 2 - Eleventh set of Exhibits by MARY A. GRACE #274 MOTION for Reconsideration Defendant Mary Grace and Tanio SaitoJoint Motion for Reconsideration filed by MARY A. GRACE. (Attachments: #1 Exhibit 6. (1-A.) Report of Independent Registered Accounting Firm 2005 (2004 10K, #2 Exhibit 6. (2-B.) Report of Independent Accounting Firm 2005 10K & 200510kA, #3 Exhibit 6. (3-C.)2006 10K Reports of Independent Accounting Firms, #4 Exhibit 6. (4-D.) Reports of Independent Accounting Firms, #5 Exhibit 6. (5-D.) Deposition of Leshkowitz & Co. Independent Accounting Firm recommended by shareholder to make sure the books and records were in order. Joseph Leshkowitz -July 10, 2013)(GRACE, MARY)
April 14, 2014 Filing 293 ERRATA Exhibits to Defendants Motion for Reconsideration and Memorandum in Support of Motion Part 1 and Part 2 - Tenth set of Exhibits by MARY A. GRACE #274 MOTION for Reconsideration Defendant Mary Grace and Tanio SaitoJoint Motion for Reconsideration filed by MARY A. GRACE. (Attachments: #1 Exhibit 3.(F-1) Shareholder Conference Call Advises on status of Financing Dec.29 2007, #2 Exhibit 4, e-Smart 10Q announcing reorganization of R&D to IVI - Saito & R&D at IVI, #3 Exhibit 5. (1-A.) Counsel M.Fritz approval of July 2007 Minutes Draft minutes.pdf, #4 Exhibit 5. (1-A.) Counsel M.Fritz approval of July 2007 Minutes Draft minutes.pdf, #5 Exhibit 5. (3-C.) MF approval of July 2007 Minutes Draft minute, #6 Exhibit 5. (4-D.) Counsel M.Fritz Approving Loans - Minutes of 7-11-07 Meeting, #7 Exhibit 5. (5-E.) Tracia Harry for Counsel M.Fritz Approval of Loan shares pursuant to her Opinion, #8 Exhibit 5. (6-F-1) Counsel M.Fritz Approval of Loan Shares pursuant to her Opinion of Intermarket Reissued, #9 Exhibit 5. (7.-G.) Audit Valuation of technology by Counsel M.Fritz, and CFO T.Russo, #10 Exhibit 5. (8-H.)Audit Valuation of technology by Counsel M.Fritz, and CFO T.Russo., #11 Exhibit 5. (9-I.) M. FRITZ APPROVED ALL LOAN SHARE RE-ISSUANCE WITH STOCKTRANSFER AGENT ON PHONE, #12 Exhibit 5. (10-J.) MF approved Opinion Holladay Invoices C Missing Period Invoice #2, #13 Exhibit 5. (11-K.) Douglas Borwick e-mail re Loans he has handled and Overseen which are the subject of this case, #14 Exhibit 5. 12-L.) Douglas Borwick e-Mail about loans he is handling and Overseein, #15 Exhibit 5.(13-M.) Doug Borwick list of Intermarket shares of e-Smart to have reissued as collateral loan shares to send)(GRACE, MARY)
April 14, 2014 Filing 292 ERRATA TEXT OF [PROPOSED] ORDER & ALTERNATIVE [PROPOSED] ORDERS by MARY A. GRACE #274 MOTION for Reconsideration Defendant Mary Grace and Tanio SaitoJoint Motion for Reconsideration filed by MARY A. GRACE. (Attachments: #1 Text of Proposed Order First [PROPOSED] ORDER, #2 Text of Proposed Order Second (Alternative) [PROPOSED] ORDER, #3 Text of Proposed Order Third (Alternative)[PROPOSED] ORDER)(GRACE, MARY)
April 14, 2014 Filing 291 ERRATA Exhibits to Defendants Motion for Reconsideration and Memorandum in Support of Motion Part 1 and Part 2 - Eighth set of Exhibits by MARY A. GRACE #274 MOTION for Reconsideration Defendant Mary Grace and Tanio SaitoJoint Motion for Reconsideration filed by MARY A. GRACE. (Attachments: #1 Exhibit 3. A-1). WDC - Counsel re Funding Agreement - announced in 2007 10K - pg. 4 (p.31 Memorandum Part 2, #2 Exhibit 3. (B-1.) Louis XVII Limited Nov. 11, 2007, #3 Exhibit 3. (C-1.) Brightside International Financing Agreements - Report, #4 Exhibit 3. (D-1) FW_ imminent closing $75M - Bintusa, #5 Exhibit 3. (D-2.)Bintusa. B. Yaker - Transaction Memorandum negotiated by M.Fritz & A. Russo, #6 Exhibit 3. (E-1.) VAN MAASDIJK FINANCING)(GRACE, MARY)
April 14, 2014 Filing 290 ERRATA Exhibits to Defendants Motion for Reconsideration and Memorandum in Support of Motion Part 1 and Part 2 - Seventh set of Exhibits by MARY A. GRACE #274 MOTION for Reconsideration Defendant Mary Grace and Tanio SaitoJoint Motion for Reconsideration filed by MARY A. GRACE. (Attachments: #1 Exhibit 2A. 8K with Samsung Press Release announced & Supply Contract Attached, #2 Exhibit 2 A( 2.)8K draft #1 -2.samsung KO'Meara Media Consultant, #3 Exhibit 2. B (3). MARANDA FRITZ APPROVED Samsung Release NEWYORK1_31026941, #4 Exhibit 2. B. (1). Samsung Supply Contract.pdf, #5 Exhibit 2. B. (2) Notarial Certificate_Supply Contract_s1-1, #6 Exhibit 2. C. Samsung Press Release -e-mail series from first draft to approva, #7 Exhibit 2. D. Letter to Samsung S1 from Office Manager re protocol agreed for announcements)(GRACE, MARY)
April 14, 2014 Opinion or Order MINUTE ORDER denying #274 Motion for Reconsideration. In its Memorandum Opinion denying Defendants' Grace and Saito's Motions to Dismiss, the Court explained that "the Court must accept the factual allegations in the SEC's Complaint as true" at this stage. See ECF No. 245 at 2. It further noted that "Grace and Saito will have the chance to contest the SEC's factual allegations at a later date," either at trial or on summary judgment. Id. at 18. These explanations notwithstanding, Grace and Saito now move for reconsideration, arguing again that the SEC is wrong on the facts and citing record evidence -- e.g., declarations and testimony -- in support. As already explained in detail, the Court is not in a position to weigh testimony on a motion to dismiss and, accordingly, ORDERS that the Motion for Reconsideration (ECF No. #274 ) is DENIED. Signed by Judge James E. Boasberg on 4/14/14. (lcjeb4)
April 13, 2014 Filing 289 ERRATA Exhibits to Defendants Motion for Reconsideration and Memorandum in Support of Motion Part 1 and Part 2 - Sixth set of Exhibits by MARY A. GRACE #274 MOTION for Reconsideration Defendant Mary Grace and Tanio SaitoJoint Motion for Reconsideration filed by MARY A. GRACE. (Attachments: #1 Exhibit e-Smart 2005 10KSB, #2 Exhibit e-Smart 2006 10KSB, #3 Exhibit e-Smart 2005 10KSB-A, #4 Exhibit e-Smart 2007 10KSB)(GRACE, MARY)
April 13, 2014 Filing 288 ERRATA Exhibits to Defendants Motion for Reconsideration and Memorandum in Support of Motion Part 1 and Part 2 - Fifth set of Exhibits by MARY A. GRACE #274 MOTION for Reconsideration Defendant Mary Grace and Tanio SaitoJoint Motion for Reconsideration filed by MARY A. GRACE. (Attachments: #1 Exhibit 1. Certifications of e-Smart cards, #2 Exhibit 2. Certifications of e-Smart cards, #3 Exhibit 3. Certifications of e-Smart cards, #4 Exhibit 4. Certifications of e-Smart cards, #5 Exhibit 5. Certifications of e-Smart cards, #6 Exhibit 6. Certifications of e-Smart cards, #7 Exhibit 7. Certifications of e-Smart cards, #8 Exhibit 8. Certifications of e-Smart cards, #9 Exhibit 9. Certifications of e-Smart cards, #10 Exhibit 10. Certifications of e-Smart cards, #11 Exhibit 11. Certifications of e-Smart cards, #12 Exhibit 12. Certifications of e-Smart cards, #13 Exhibit 13. Certifications of e-Smart cards, #14 Exhibit 14. Certifications of e-Smart cards)(GRACE, MARY)
April 13, 2014 Filing 287 ERRATA Exhibits to Defendants Motion for Reconsideration and Memorandum in Support of Motion Part 1 and Part 2 - Fourth set of Exhibits by MARY A. GRACE #274 MOTION for Reconsideration Defendant Mary Grace and Tanio SaitoJoint Motion for Reconsideration filed by MARY A. GRACE. (Attachments: #1 Exhibit Pt. 2. Due Diligence Conducted by independent outside Biometric Expert for shareholder - Part 2)(GRACE, MARY)
April 13, 2014 Filing 286 ERRATA Exhibits to Defendants Motion for Reconsideration and Memorandum in Support of Motion Part 1 and Part 2 - Third set of Exhibits by MARY A. GRACE #274 MOTION for Reconsideration Defendant Mary Grace and Tanio SaitoJoint Motion for Reconsideration filed by MARY A. GRACE. (Attachments: #1 Exhibit Pt. 1. Due Diligence Conducted by independent outside Biometric Expert for shareholder)(GRACE, MARY)
April 13, 2014 Filing 285 ERRATA 2nd Set of Exhibits to Defendants Motion for Reconsideration and Memorandum in Support of Motion Part 1 and Part 2 - Second set of Exhibits by MARY A. GRACE #274 MOTION for Reconsideration Defendant Mary Grace and Tanio SaitoJoint Motion for Reconsideration filed by MARY A. GRACE. (Attachments: #1 Exhibit Letter to Inspector General of DOJ from Charles Black reporting misconduct related to e-Smart as reported in the Washington Times Insight Magazine after remand and dismissal, #2 Exhibit Exponent Expert Test and Evaluation Report of e-Smart's Cards, #3 Exhibit e-Smart Cards manufactured through 2006)(GRACE, MARY)
April 13, 2014 Filing 284 ERRATA Exhibits to Defendants Motion for Reconsideration and Memorandum in Support of Motion Part 1 and Part 2 - First set of Exhibits by MARY A. GRACE #274 MOTION for Reconsideration Defendant Mary Grace and Tanio SaitoJoint Motion for Reconsideration filed by MARY A. GRACE. (Attachments: #1 Exhibit Declaration of ex-manufacturer Michael Gardiner, #2 Exhibit Declaration of ex-COO Richard Barrett, #3 Exhibit ex-COO Richard Barrett's Business Plan submitted one week after finalizing his disputed edit of e-Smart's 2006 10K of, #4 Exhibit ex-CIO Wayne Drizin Declaration confirming the delivery of e-Smart's cards in 2005 to MYBI - Korean Government partially owned transportation and payment card company, #5 Exhibit ex-COO e-mail confirming that e-Smart's card works "FLAWLESSLY" in April 2004)(GRACE, MARY)
April 13, 2014 Filing 283 ERRATA Defendants Memorandum in Support of Defendants Motion to Dismiss - Part 2 - pg. 17-45 - Final with correct Exhibit numbers by TAMIO SAITO #274 MOTION for Reconsideration Defendant Mary Grace and Tanio SaitoJoint Motion for Reconsideration filed by MARY A. GRACE. (Attachments: #1 Errata Defendants Memorandum in Support of Defendants Motion for Reconsideration - Part 2 - Pg. 17-45- Amended with correct Exhibits)(GRACE, MARY)
April 13, 2014 Filing 282 ERRATA Defendants Memorandum in Support of Defendants Motion to Dismiss - Part 1 - pg. 1-16 - Final with correct Exhibit numbers by TAMIO SAITO #274 MOTION for Reconsideration Defendant Mary Grace and Tanio SaitoJoint Motion for Reconsideration filed by MARY A. GRACE. (GRACE, MARY)
April 13, 2014 Filing 281 ERRATA Amended Part 1 Memorandum in Support of Defendants Motion for Reconsideration - Amended with correct Exhibit Numbers by MARY A. GRACE #274 MOTION for Reconsideration Defendant Mary Grace and Tanio SaitoJoint Motion for Reconsideration filed by MARY A. GRACE. (Attachments: #1 Errata Amended Part 1 Memorandum in Support of Defendant Mary Grace and Tamio Saito's Joint Motion for Reconsideration)(GRACE, MARY)
April 13, 2014 Filing 280 ERRATA PART 1 MEMORANDUM IN SUPPORT OF DEFENDANT MARY GRACE AND TAMIO SAITO'S JOINT MOTION FOR RECONSIDERATION OF THE COURT'S ORDER DENYING DEFENDANTS MOTION TO DISMISS - Final with correct Exhibit no's by MARY A. GRACE #274 MOTION for Reconsideration Defendant Mary Grace and Tanio SaitoJoint Motion for Reconsideration filed by MARY A. GRACE. (Attachments: #1 Memorandum in Support Amended Part 1 Memorandum in Support of Defendant Mary Grace and Tamio Saito's Joint Motion for Reconsideration)(GRACE, MARY)
April 12, 2014 Filing 279 MEMORANDUM re #274 MOTION for Reconsideration Defendant Mary Grace and Tanio SaitoJoint Motion for Reconsideration filed by MARY A. GRACE by MARY A. GRACE. (Attachments: #1 Memorandum in Support Part 1 Memorandum in Support of Defendant Mary Grace and Tamio Saito's Joint Motion for Reconsideration)(GRACE, MARY)
April 12, 2014 Filing 278 MEMORANDUM re #274 MOTION for Reconsideration Defendant Mary Grace and Tanio SaitoJoint Motion for Reconsideration filed by MARY A. GRACE by MARY A. GRACE. (Attachments: #1 Memorandum in Support Part II MEMORANDUM IN SUPPORT OF DEFENDANTS MARY GRACE AND TAMIO SAITO'S MOTION FOR RECONSIDERATION OF COURT'S ORDER DENYING DEFENDANTS MOTIONS TO DISMISS)(GRACE, MARY)
April 12, 2014 Filing 277 MEMORANDUM re #274 MOTION for Reconsideration Defendant Mary Grace and Tanio SaitoJoint Motion for Reconsideration filed by MARY A. GRACE by MARY A. GRACE. (Attachments: #1 Memorandum in Support Amended PART 1 Memorandum in Support of Defendant Mary Grace and Tamio Saito's Motion for Reconsideration of Court's Order Denying Motion to Dismiss)(GRACE, MARY)
April 12, 2014 Filing 276 LARGE ADDITIONAL ATTACHMENT(S) PART 2 MEMORANDUM IN SUPPORT OF DEFENDANTS MARY GRACE AND TAMIO SAITO'S JOINT MOTION FOR RECONSIDERATION OF THE COURT'S ORDER DENYING DEFENDANTS MOTION TO DISMISS by MARY A. GRACE #274 MOTION for Reconsideration Defendant Mary Grace and Tanio SaitoJoint Motion for Reconsideration filed by MARY A. GRACE, #275 Large Additional Attachment(s),, filed by MARY A. GRACE. (Attachments: #1 Memorandum in Support PART II MEMORANDUM IN SUPPORT OF DEFENDANTS MARY GRACE AND TAMIO SAITO'S MOTION FOR RECONSIDERATION OF COURT'S ORDER DENYING DEFENDANTS MOTIONS TO DISMISS)(GRACE, MARY)
April 12, 2014 Filing 275 LARGE ADDITIONAL ATTACHMENT(S) PART 1 MEMORANDUM IN SUPPORT OF DEFENDANT MARY GRACE AND TAMIO SAITO'S JOINT MOTION FOR RECONSIDERATION OF THE COURT'S ORDER DENYING DEFENDANTS MOTION TO DISMISS by MARY A. GRACE #274 MOTION for Reconsideration Defendant Mary Grace and Tanio SaitoJoint Motion for Reconsideration filed by MARY A. GRACE. (Attachments: #1 Memorandum in Support Part 1 Memorandum in Support of Defendant Mary Grace and Tamio Saito's Joint Motion for Reconsideration)(GRACE, MARY)
April 11, 2014 Filing 274 MOTION for Reconsideration Defendant Mary Grace and Tanio SaitoJoint Motion for Reconsideration by MARY A. GRACE (GRACE, MARY)
April 10, 2014 Filing 273 REPLY to opposition to motion re #242 First MOTION to Produce AGAINST TAMIO SAITO TO PRODUCE MATERIALS REPLY TO SAITO OPPOSITION TO MOTION TO COMPEL filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Declaration)(Guido, Kenneth)
April 3, 2014 Opinion or Order MINUTE ORDER: As discussed in yesterday's discovery conference call from the courtroom, the Court ORDERS that the SEC shall ensure that it has produced to Defendant Grace photographs of all Smart Cards in its possession and, where it has duplicates of particular cards, a duplicate shall be produced. In addition, a conference call is hereby set for April 16, 2014, at 3:00 p.m. to continue yesterday's discussion of various discovery disputes. The Court ORDERS that Defendant Grace and Plaintiff SEC shall make themselves available at least five minutes in advance of the scheduled call; the Court will contact each party at that time. As per usual, the call will be recorded by a court reporter. Signed by Judge James E. Boasberg on 4/3/2014. (lcjeb4)
April 2, 2014 Minute Entry for proceedings held before Judge James E. Boasberg: Telephone Conference held on 4/2/2014. (Court Reporter Lisa Griffith) (ad)
March 31, 2014 Filing 272 ERRATA Declaration of Tamio Saito by TAMIO SAITO #260 Memorandum in Opposition,,,,,,,,,,,,,,, filed by TAMIO SAITO. (Attachments: #1 Affidavit Declaration of Tamio Saito)(GRACE, MARY)
March 31, 2014 Filing 271 ERRATA Tamio Saito pro se Response and Opposition to Plaintiff's Motion to Compel Production of Documents and Tangible Things which Tamio Saito has already produced and caused to be produced by others he identified to Plaintiff - B. TESTS - B2-B. Part I - DUE DILIGENCE AND TEST REPORTS & OVERVIEW. by TAMIO SAITO #260 Memorandum in Opposition,,,,,,,,,,,,,,, filed by TAMIO SAITO. (Attachments: #1 Exhibit B-2B.) Part 1 Due Diligence & Tests Overview)(GRACE, MARY)
March 31, 2014 Filing 270 ERRATA Tamio Saito pro se Response and Opposition to Plaintiff's Motion to Compel Production of Documents and Tangible Things which Tamio Saito has already produced and caused to be produced by others he identified to Plaintiff who had possession, custody and control of - TESTS - B2-B- Part 1 - Due Diligence & Tests Report by TAMIO SAITO #260 Memorandum in Opposition,,,,,,,,,,,,,,, filed by TAMIO SAITO. (Attachments: #1 Exhibit B-2B.) Part II - Due Diligence Overview (pg. 42-101).pdf)(GRACE, MARY)
March 31, 2014 Filing 269 ERRATA Filed Under Protective Order - Tamio Saito pro se Response and Opposition to Plaintiff's Motion to Compel Production of Documents and Tangible Things which Tamio Saito has already produced and caused to be produced by others he identified to Plaintiff who had possession, custody and control - in C. the smart cards requested - Attachment C - e-Smart Cards Previously Produced to Plaintiff - A. Algoritham and B. Tests - Exponent Test and Evaluation Report by TAMIO SAITO #260 Memorandum in Opposition,,,,,,,,,,,,,,, filed by TAMIO SAITO. (Attachments: #1 Errata ATTACHMENT A (FILE UNDER SEAL & PROTECTIVE ORDER)- ALGORITHM PRODUCED FINGERPRINT MATHCING ALOGORITHM, #2 Errata Attachment B File - Tests - B-2A.) Exponent Test and Evaluation Report)(GRACE, MARY)
March 31, 2014 Filing 268 ERRATA Tamio Saito pro se Response and Opposition to Plaintiff's Motion to Compel Production of Documents and Tangible Things which Tamio Saito has already produced and caused to be produced by others he identified to Plaintiff who had possession, custody and control - in C. the smart cards requested - Attachment C - e-Smart Cards Previously Produced to Plaintiff - before and after he wrote the Sept. 2, 2013 Letter Exhibit C-1.) Part 4 by TAMIO SAITO #260 Memorandum in Opposition,,,,,,,,,,,,,,, filed by TAMIO SAITO. (Attachments: #1 Exhibit C-3.) Production of ex-COO Richard Barrett., #2 Exhibit C-9A) - NxGen Inventory List of Smart Cards - Internal Circuits - like substrates and components Produced to SEC by NxGen., #3 Exhibit C-9B.) NexGen Evidemnce Analysis)(GRACE, MARY)
March 31, 2014 Filing 267 ERRATA Tamio Saito pro se Response and Opposition to Plaintiff's Motion to Compel Production of Documents and Tangible Things which Tamio Saito has already produced and caused to be produced by others he identified to Plaintiff who had possession, custody and control of the smart cards requested - Attachment C -Part 3 e-Smart Cards Previously Produced to Plaintiff - before and after he wrote the Sept. 2, 2013 Letter Exhibit C-1.) by TAMIO SAITO #260 Memorandum in Opposition,,,,,,,,,,,,,,, filed by TAMIO SAITO. (Attachments: #1 Exhibit C-6.) O'MEARA, CIVITAS AND EXPONENT CARDS, #2 Exhibit C-7.) CARDS PRODUCED & CAUSED TO BE PRODUCED SAITO, #3 Exhibit C-8 ESMT CARDS in 2006 iv-1)(GRACE, MARY)
March 31, 2014 Filing 266 ERRATA Tamio Saito pro se Response and Opposition to Plaintiff's Motion to Compel Production of Documents and Tangible Things which Tamio Saito has already produced and caused to be produced by others he identified to Plaintiff who had possession, custody and control of the smart cards requested - Attachment C - e-Smart Cards Previously Produced to Plaintiff - before and after he wrote the Sept. 2, 2013 Letter Exhibit C-1.) by TAMIO SAITO #260 Memorandum in Opposition,,,,,,,,,,,,,,, filed by TAMIO SAITO. (Attachments: #1 C-4F.) Soliven Exhibit 058, #2 C-4G.)Soliven Exhibit 059, #3 C-4H.)Soliven Exhibit 060, #4 C-4I.) Soliven Exhibit 068., #5 C-4J.) Soliven Exhibit 069, #6 C-5A.) Declaration of Tamio Saito-1, #7 C-5B,) Saito Exhibit 012-2, #8 C-5C. Saito Exhibit 013, #9 C-5D.) Saito Exhibit 015)(GRACE, MARY)
March 31, 2014 Filing 265 ERRATA Tamio Saito pro se Response and Opposition to Plaintiff's Motion to Compel Production of Documents and Tangible Things which Tamio Saito has already produced multiple times - Attachment C -e-Smart Cards Produced and Caused to be Produced by Tamio Saito - Part 1 - which Sept. 3, 2013 Letter cards no. 9-10 & 13-16 were hidden, concealed and withheld from defendants and the Court and Plaintiff counsel repeatedly falsely represented to the Court that Plaintiff had not obtained these cards - and Plaintiff Counsel repeatedly requested a Motions for Contempt and Sanctions against Defendants for the cards he had not disclosed he had already obtained by TAMIO SAITO #260 Memorandum in Opposition,,,,,,,,,,,,,,, filed by TAMIO SAITO. (Attachments: #1 C-1A.SeptembeC-1A.) September 3, 2013 Letter Falsely representing Plaintiff did not have the cards listed in the letter, #2 C-1B.) C FILES - SMART CARDS - SUMMARY, #3 C-2A.) GARDINER DECLARATION, #4 C-2B.) Michael Gardiner Production - Saito Exhibit 035, #5 C-4A.) Declaration of Marcello Soliven_WSIG, #6 C-4B.) Soliven Exhibit 037, #7 C-4C.)Soliven Exhibit 051, #8 C-4D.)Soliven Exhibit 053, #9 C-4E.)Soliven Exhibit 054)(GRACE, MARY)
March 31, 2014 Filing 264 ERRATA Tamio Saito pro se Response and Opposition to Plaintiff's Motion to Compel Production of Documents and Tangible Things which Tamio Saito has already produced multiple times - Attachment B -Tests - Exhibits (Few Examples of the large production of documents related to Tests produced in TS0000001-TS0116730) by TAMIO SAITO #260 Memorandum in Opposition,,,,,,,,,,,,,,, filed by TAMIO SAITO. (Attachments: #1 B-1.) B FILES - TESTING - SUMMAR, #2 B-2.)2009 KETI Certificate ISO7816, #3 B-3.) 2009 KETI Certificate ISO7816, #4 B-4.)2009 KETI Certificate ISO7816, #5 B-5.) 2009 KETI Certificate ISO7816, #6 B-6.) 2009 KETI TEST Report ISO7816_TestReport, #7 B-7.)2009 KETI Test Report ISO7816_TestReport_eng(1), #8 B-8.) 2009 KETI Test Report ISO7816, #9 B-9.) 2009 KISA BioAPI Certificate_20090910, #10 B-10.) 2009 KISA Certificate_20090910_KO, #11 B-11.) 2009 KISA Fingerprint Matching Algorithm Certificate, #12 B-12.) 2009 KISA_Bio Certification Article_20090911, #13 B-13.) -ESP004_Design_Changes+Considerations_rev1, #14 B-14.) ESP004_Design_Changes+Considerations_rev2, #15 B-15.) TEST CERTIFICATE TEST RESULT 2009 TEST KETI TEST Report ISO7816_TestReport_, #16 B-16.) TEST Files NxGEN TEST Directry, #17 B-17 TEST RESULT OF CERTIFICATION ISO7816, #18 B-18.) Testing -ESP006B card tracking Sheet, #19 B-19.) Testing -ESP006B card tracking InvetoryCheckSheet, #20 B-20,) TEST matching, #21 B-22.)Tests and Changes Nxgen Spreadsheet of e-Smart Cards.pdf, #22 B-23.) Tests eskfp, #23 B-24.) TEST Files NxGEN TEST, #24 B-25.) TEST 2009 KISA TEST METHOD 20090929_KISA_Fingerprint_Verification_Algorithm_Performance_Test, #25 B-26.) TEST matching1spec)(GRACE, MARY)
March 31, 2014 Filing 263 ERRATA Tamio Saito pro se Response and Opposition to Plaintiff's Motion to Compel Production of Documents and Tangible Things which Tamio Saito has already produced multiple times - Attachment A -Algorithm - Exhibits (Few Examples of the large production of documents related to Algorithm produced in TS0000001-TS0116730) by TAMIO SAITO #260 Memorandum in Opposition,,,,,,,,,,,,,,, filed by TAMIO SAITO. (Attachments: #1 Exhibit A-1A.)ATTACHMENT A -FILES-INTRODUCTION, #2 Errata A-1B.) ATTACHMENT A FILES - ALGORITHM - SUMMARY -PART 2, #3 Exhibit A-2.) Agreement_on_Licensing_Ikendi, #4 Exhibit A-3.) Ikendi license-fees-signed0001, #5 Exhibit A-4.) IKDEVKIT4-2003-8b.rtfd, #6 Exhibit A-5.) Re- IKDEVKit-4 1.9.0, #7 Exhibit A-6) IKENDI - ISO., #8 Exhibit A-7.)IKDEVKit-4 1.9.0, #9 Exhibit A-8.)IKENDI Board, #10 Exhibit A-9.)IKENDI target Schedule, #11 Exhibit A-10.)IKENDI target To Do, #12 Exhibit A-11.) Re- IKDEVKit-4 1.9.0, #13 Exhibit A-12.) IKDEVKit-4 1.9.0, #14 Exhibit A-13.) IKENDI Licensed Algorithm OVERVIEW, #15 Exhibit A-14.) DEVKIT-4 release next week, #16 Exhibit A-15.)Fingerprint Matching Evaluation Method, #17 Exhibit A-16 Matching)(GRACE, MARY)
March 31, 2014 Filing 262 LARGE ADDITIONAL ATTACHMENT(S) Tamio Saito pro se Response and Opposition to Plaintiff's Motion to Compel Production of Documents and Tangible Things which Tamio Saito has already produced multiple times by TAMIO SAITO #261 Large Additional Attachment(s), filed by TAMIO SAITO. (Attachments: #1 Exhibit 30. e-Smart Cards Produced to the SEC by Kelly O'Mears, CIVITAS AND EXPONENT CARDS)(GRACE, MARY)
March 31, 2014 Filing 261 LARGE ADDITIONAL ATTACHMENT(S) Tamio Saito pro se Response and Opposition to Plaintiff's Motion to Compel Production of Documents and Tangible Things which Tamio Saito has already produced multiple times by TAMIO SAITO #260 Memorandum in Opposition,,,,,,,,,,,,,,, filed by TAMIO SAITO. (Attachments: #1 Affidavit 10. ex-COO BARRETT DECLARATION June 7, 2013 - Smart Card produced by e-Smart ex-COO pursuant to subpoena on June 1, 2013)(GRACE, MARY)
March 31, 2014 Filing 260 Memorandum in opposition to re #242 First MOTION to Produce AGAINST TAMIO SAITO TO PRODUCE MATERIALS Defendant Tamio Saito pro se Response and Oppositon to Plaintiff's Motion to Compel Production of Documents and Tangible Things Already Produced Multiple Times by Tamio Saito filed by TAMIO SAITO. (Attachments: #1 Memorandum in Support Tamio Saito Memorandum in Support of Opposition to Plaintiff's Motion to Compel, #2 Text of Proposed Order Text of Proposed Court Order, #3 Text of Proposed Order Attachment to Text of Proposed Court Order, #4 Exhibit Index of Exhibits, #5 Exhibit 2012-02-21 Letter from T.S. Counsel regarding T.Saito production, #6 Exhibit 3. TS Testimony Deposition June 29, 2012 - Algorithm is Ikendi's, #7 Exhibit 4. Letter to SEC re Production from Tamio Saito of 116,730 Documents and Tangible Things, #8 Exhibit 5. Defendants Interrogatory Responses to Plaintiff's Interrogatories, #9 Exhibit 6. Plaintiff's First Request for Documents and Tangible Thing, #10 Exhibit 7. May 16, 2013 Defendants Response, Qualification and Objections to Plaintiff First Request for Production of Documents due May 17, 2013, #11 Exhibit 8A. NOTICE OF ex-COO BARRETT SUBPOENA DUCES TECUM 2013-05-15, #12 Exhibit 8B. NOTICE OF ex-COO BARRETT SUBPOENA DUCES TECUM 2013-05-15, #13 Exhibit 9, Ecerpts from Deposition of T Saito June 5, 2013 - Saito Ex. 35, #14 Exhibit 11. June 18, 2013 M Grace & K Guido Request Letter Agreement Ordered by the Court on June 24, 2013, #15 Exhibit 13. TAMIO SAITO Production in response to June 18, 2013 requests from Mary Grace - JULY 2013 Production list of documents and materials put on hard drive and sent to Kenneth Guido, #16 Exhibit 13B. UPS label for harddrive sent by Mr Saito to Kenneth Guido at the SEC, #17 Exhibit 15. September 3, 2013 Letter Falsely representing Plaintiff did not have the cards listed in this lette, #18 Exhibit 17. Sept. 29, 2013 Only communication by K.Guido to T. Saito from July 2013 - Feb. 2014- 2 days before Discovery ended, #19 Affidavit 25A. Declaration of Tamio Saito, #20 Affidavit 25B. Declaration of Marcello Soliven_WSIG, #21 Exhibit 30. e-Smart Cards Produced to the SEC by Kelly O'Mears, CIVITAS AND EXPONENT CARD, #22 Exhibit 31A. SEC SUPPLEMENTAL RESPONSE TO INTERROGATORIES 9 THROUGH 11 2014-01-16, #23 Affidavit 31B. DECLARATION OF MICHAEL GARDINER DECLARATION, #24 Exhibit 32. SEC SUPPLEMENTAL RESPONSE TO INTERROGATORIES 9 THROUGH 11- 2014 -01-16, #25 Exhibit 37. Communication Proving K.Guido did not make any request to T. Saito in 2013 - or After Mr. Saito June and July 2013 Production, #26 Exhibit 37. A.) 6-19-2012 Response to SEC ltr dtd 6-13-2012, #27 Exhibit 37. B). 07-13-2012 Letter to SEC re Tamio Saito production, #28 Exhibit 37. C) 2012-06-13 E-MAILED LETTER re Tamio Saito's production, #29 Exhibit 37. D.)2012-06-26 Ltr to Kenneth Guido re Bates stamped docs TS00116578-116700, #30 Exhibit 37. E.) 2012-07-03 SEC LTR TO DEFS ATTNYS, #31 Exhibit 37. F.) 2012-12-06 Grace Doc Production Request, #32 Exhibit 37. G. 2012-12-06 Saito Doc Production Request, #33 Exhibit 37. H.) SEC DECEMBER 6, 2012 REQUESTS FOR PRODUCTION OF DOCUMENTS AND TANGIBLE THINGS, #34 Exhibit 37. I.) 2014-02-04 REQUEST to Meet and Confer re Algorithm, #35 Exhibit 37. J.) TS Testimony Deposition June 29, 2012 - Algorithm is Ikendi's (pg. 37 -l.20-25) and on the Card pg. 41 (l 15-25) Plaintiff EXHIBIT, #36 Exhibit 38. T SAITO FEB. 17, 2014 Tamio Saito e-mail to Plaintiff Counsel proving Plaintiff Counsel lied to the Court, #37 39. First Colorado Financial Services Loans -to Defendant Intermarket - proves loans were loans and not sales of stock as falsely represented to the Court -repeatedly)(GRACE, MARY)
March 21, 2014 Filing 259 MOTION to Clarifyand Reconsider decision and/or order on Conference Call of March 19, 2014 by MARY A. GRACE (Attachments: #1 Exhibit Declaration of Mary Grace listing Bank Accounts in Compliance with Court Order - Fabruary 28, 2014, #2 Exhibit Declaration of Mary Grace setting forth Good Faith Efforts to Comply with Court Order of March 10, 2-14, #3 Exhibit Declaration of Mary Grace setting forth Good Faith efforts to Obtain Bank Records - February 28, 2014)(GRACE, MARY)
March 21, 2014 Opinion or Order MINUTE ORDER denying #259 Motion to Clarify or Reconsider. The Court ORDERS that the Motion to Clarify is DENIED. All the Court has done is permit the SEC leave to file a motion for sanctions. The Court has not made any determination that any violation has occurred or that any sanction is warranted. Signed by Judge James E. Boasberg on 3/21/2014. (lcjeb4)
March 20, 2014 Filing 258 MOTION for Extension of Time to file Expert Discovery Report by TAMIO SAITO (GRACE, MARY)
March 20, 2014 Filing 257 MOTION for Extension of Time to file Motion for Reconsideration by TAMIO SAITO (GRACE, MARY)
March 20, 2014 Filing 256 REPLY to opposition to motion re #251 MOTION for Extension of Time to File Response/Reply as to #250 MOTION for Extension of Time to File Response/Reply Defendant Tamio Saito Motion for an Extension of Time to file Response to Plaintiff's Motion to Compel to Produce Materia Amended Reply to Plaintiff's Opposition to Defendant Tamio Saito's Motion for Extension of Time to File a Response to Plaintiff's Motion to Compel Production of Materials filed by TAMIO SAITO. (Attachments: #1 Exhibit K.Guido Court Ordered Letter of September 3, 2013, #2 Exhibit Declaration of Michael Gardiner, #3 Exhibit Declaration of Richard Barrett - ex-COO)(GRACE, MARY)
March 20, 2014 Filing 255 REPLY to opposition to motion re #251 MOTION for Extension of Time to File Response/Reply as to #250 MOTION for Extension of Time to File Response/Reply Defendant Tamio Saito Motion for an Extension of Time to file Response to Plaintiff's Motion to Compel to Produce Materia Defendants Reply to Opposition to Motion for Extension of Time to File Response to Plaintiff's Motion to Compel Production of Materials filed by TAMIO SAITO. (GRACE, MARY)
March 20, 2014 Opinion or Order MINUTE ORDER: A conference call is hereby set for April 2, 2014, at 2:00 p.m. to continue yesterday's discussion of various discovery disputes. The Court ORDERS that Defendant Grace and Plaintiff SEC shall make themselves available at least five minutes in advance of the scheduled call; the Court will contact each party at that time. As per usual, the call will be recorded by a court reporter. Signed by Judge James E. Boasberg on 3/20/2014. (lcjeb4)
March 20, 2014 Opinion or Order MINUTE ORDER granting #251 Motion for Extension of Time to File Response/Reply. Defendant Saito's Motion for Extension of Time (ECF No. #251 ) is GRANTED. He may have until March 31, 2014, to respond to the SEC's motion to compel. The Court also ORDERS that all expert deadlines are hereby VACATED and will be reset after final fact-discovery issues are resolved. Signed by Judge James E. Boasberg on 3/20/2014. (lcjeb4)
March 20, 2014 Opinion or Order MINUTE ORDER denying #252 Motion for Extension of Time as moot; granting #254 Motion for Extension of Time. Defendant Grace's Amended Motion for Extension (ECF No. #254 ) is GRANTED. She may have until April 11, 2014, to file her motion for reconsideration of the Court's denial of her motion to dismiss. Her Motion for Extension (ECF No. #252 ) is DENIED as moot. Signed by Judge James E. Boasberg on 3/20/2014. (lcjeb4) Modified on 3/20/2014 to include the word "Minute" before Order. (ad)
March 20, 2014 Set/Reset Deadlines: Defendant Grace may have until 4/11/2014, to file her motion for reconsideration of the Court's denial of her motion to dismiss. Defendant Saito may have until 3/31/2014, to respond to the SEC's motion to compel. (ad)
March 20, 2014 Set/Reset Deadline: Defendant Saito's may have until 4/11/2014, to file his motion for reconsideration of the Court's denial of his motion to dismiss. (ad)
March 20, 2014 Opinion or Order MINUTE ORDER denying #258 Motion for Extension of Time as moot. It is hereby ORDERED that Defendant Saito's Motion to extend expert deadlines is DENIED as moot, per today's Minute Order vacating all expert discovery deadlines. Signed by Judge James E. Boasberg on 3/20/2014. (lcjeb4)
March 20, 2014 Opinion or Order MINUTE ORDER granting #257 Motion for Extension of Time. Defendant Saito's Motion is GRANTED. He may have until April 11, 2014, to file his motion for reconsideration of the Court's denial of his motion to dismiss. Signed by Judge James E. Boasberg on 3/20/2014. (lcjeb4)
March 19, 2014 Filing 254 Amended MOTION for Extension of Time to file Motion for Reconsideration by MARY A. GRACE (Attachments: #1 Exhibit Request to Plaintiff Counsel to Agree or not to Oppose Defendants Extension of Time to File Motion for Reconsideration)(GRACE, MARY)
March 19, 2014 Filing 253 Memorandum in opposition to re #251 MOTION for Extension of Time to File Response/Reply as to #250 MOTION for Extension of Time to File Response/Reply Defendant Tamio Saito Motion for an Extension of Time to file Response to Plaintiff's Motion to Compel to Produce Materia OPPOSITION TO SAITO MOTION FOR EXTENSION filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Guido, Kenneth)
March 19, 2014 Filing 252 MOTION for Extension of Time to File Motion for Reconsideration by MARY A. GRACE (GRACE, MARY)
March 19, 2014 Minute Entry for proceedings held before Judge James E. Boasberg: Telephone Conference held on 3/19/2014. (Court Reporter Lisa Griffith) (ad)
March 19, 2014 NOTICE OF CORRECTED DOCKET ENTRY: Document No. re #250 MOTION for Extension of Time to File Response/Reply Defendant Tamio Saito Motion for an Extension of Time to file Response to Plaintiff's Motion to Compel to Produce Materials was entered in error as a duplicate to #251 . (jf, )
March 18, 2014 Filing 251 MOTION for Extension of Time to File Response/Reply as to #250 MOTION for Extension of Time to File Response/Reply Defendant Tamio Saito Motion for an Extension of Time to file Response to Plaintiff's Motion to Compel to Produce Materials with relevant additions by TAMIO SAITO (Attachments: #1 Exhibit T.Saito e-mail meet and confer to K.Guido and K. Guido Response)(GRACE, MARY)
March 18, 2014 Filing 250 ENTERED IN ERROR.....MOTION for Extension of Time to File Response/Reply Defendant Tamio Saito Motion for an Extension of Time to file Response to Plaintiff's Motion to Compel to Produce Materials by TAMIO SAITO (Attachments: #1 Exhibit Tamio Saito e-mail meet and confer to Plaintiff counsel Kenneth Guido)(GRACE, MARY) Modified on 3/19/2014 (jf, ).
March 18, 2014 Filing 249 MOTION for Extension of Time to File Response/Reply Defendant Tamio Saito Motion for an Extension of Time to file Response to Plaintiff's Motion to Compel to Produce Materials by TAMIO SAITO (GRACE, MARY)
March 18, 2014 Opinion or Order MINUTE ORDER: The conference call previously set for March 19, 2014, at 2:30 p.m. is hereby reset for March 19, 2014, at 2:00 p.m. Signed by Judge James E. Boasberg on 3/18/2014. (lcjeb4)
March 18, 2014 Opinion or Order MINUTE ORDER denying #249 Motion for Extension of Time to File Response/Reply. Local Rule 7(m) requires that anyone filing a non-dispositive motion must contact the other side and ascertain its position on the motion. In this case, that may be done by email. Then the motion must contain a statement that the filer has complied and whether or not the other side opposes the motion. Since Defendant Saito has not complied with this Rule, the Court ORDERS that his Motion for Extension is DENIED WITHOUT PREJUDICE. Once he determines the SEC's position, he may refile the motion. Signed by Judge James E. Boasberg on 3/18/2014. (lcjeb4)
March 17, 2014 Filing 248 ERRATA EXHIBIT- ATTACHMENT 3 TO DECLARATION OF MARY GRACE- OMITTED IN ERROR by MARY A. GRACE #241 Order,,. (Attachments: #1 Exhibit ATTACHMENT 3 TO DECLARATION OF MARY GRACE - DEFENDANT MARY GRACES MOTION FOR COURT ORDER FOR VOLUNTARY CONSENT WAIVER DIRECTIVE TO OBTAIN FOREIGN KOREAN BANK RECORDS)(GRACE, MARY)
March 17, 2014 Filing 247 LARGE ADDITIONAL ATTACHMENT(S) Declaration of Mary Grace stating steps taken to comply with Court Orders by MARY A. GRACE #241 Order,,. (Attachments: #1 Attachment 2A Certificate of Corporate Seal of eSmart Korea, #2 Attachment 2B Articles of Association of e-Smart Korea, #3 Attachment 2C Certificate of Corporate Register (translated into English) - eSmart Korea, #4 Attachment 2C-1 Certificate of Business Registration - Korean - eSmart Korea, #5 Attachment 2C-2- Certificate of Business Registration - eSmart Korea, #6 Attachment 2D. Resolution of Board of Directors of IVI Smart Technologies Holdings Limited - not signed by M.Grace, #7 Attachment 2E. Company Registry of I AM Holdings Ltd. Hong Kong, #8 Attachment 2F. Purported Minutes of First Board of Directors Meeting -2000-of IVI Smart Technologies, Inc. with forged signature of M.Grace, #9 Attachment 2G. Business Entity Registration of e-Smart Technologies, Inc. Nevada, #10 Attachment 2H. Business Entity Registration of Intermarket Ventures, Inc. - Utah, #11 5A-1. Fed-X Label to Bank of Hawaii - Headquarters, #12 5A. Bank of Hawaii Request Letter to CEO Bank of Hawaii Headquarters, #13 5B-1. Fed-X label to Bank of Hawaii Ala Moana Branch, #14 5B. Bank of Hawaii Request Letter to Manger Ala Moana Branch)(GRACE, MARY)
March 17, 2014 Filing 246 AFFIDAVIT re #241 Order,, Declaration of Mary Grace stating steps taken to comply with Court Orders by MARY A. GRACE. (Attachments: #1 Exhibit COURT ORDER, #2 Exhibit FED-X Label to Standard Chartered Bank Korea, #3 Exhibit Transmittal Letter to Standard Chartered Bank Korea - pg. 1, #4 Exhibit Transmittal Letter to Standard Chartered Bank Korea - pg. 2, #5 Exhibit Transmittal Letter to Standard Chartered Bank Korea - pg. 3, #6 Exhibit Consent Directive to Standard Chartered Bank Korea - pg. 1, #7 Exhibit Consent Directive to Standard Chartered Bank Korea - pg. 2, #8 Exhibit Consent Directive to Standard Chartered Bank Korea - pg. 3, #9 Exhibit Consent Directive to Standard Chartered Bank Korea - pg. 4, #10 Exhibit Consent Waiver to Standard Chartered Bank Korea - pg. 1, #11 Exhibit Consent Waiver to Standard Chartered Bank Korea - pg. 2, #12 Exhibit Fed-x Label to Korea Exchange Bank Headquarters, #13 Exhibit Transmittal Letter to Korea Exchange Bank Headquarters - pg. 1, #14 Exhibit Transmittal Letter to Korea Exchange Bank Headquarters - pg. 2, #15 Exhibit Transmittal Letter to Korea Exchange Bank Headquarters - pg. 3, #16 Exhibit Consent Directive to Korea Exchange Bank Headquarters - pg. 1, #17 Exhibit Consent Directive to Korea Exchange Bank Headquarters - pg. 2, #18 Exhibit Consent Directive to Korea Exchange Bank Headquarters - pg. 3, #19 Exhibit Consent Directive to Korea Exchange Bank Headquarters - pg. 4, #20 Exhibit Consent Waiver to Korea Exchange Bank Headquarters - pg. 1, #21 Exhibit Consent Waiver to Korea Exchange Bank Headquarters - pg. 2, #22 Exhibit Fed-X Label to Korea Exchange Bank Branch- pg. 1, #23 Exhibit Transmittal Letter to Korea Exchange Bank Branch- pg.1, #24 Exhibit Transmittal Letter to Korea Exchange Bank Branch- pg.2, #25 Exhibit Transmittal Letter to Korea Exchange Bank Branch- pg.3, #26 Exhibit Consent Directive to Korea Exchange Bank Branch- pg.1, #27 Exhibit Consent Directive to Korea Exchange Bank Branch- pg.2, #28 Exhibit Consent Directive to Korea Exchange Bank Branch- pg.3, #29 Exhibit Consent Directive to Korea Exchange Bank Branch- pg.4, #30 Exhibit Consent Waiver to Korea Exchange Bank Branch- pg.1, #31 Exhibit Consent Waiver to Korea Exchange Bank Branch- pg.2, #32 Exhibit Certificate of Corporate Seal - Not Corporate Seal, #33 Exhibit Purported 2000 Minutes of First Board Meeting of IVI Smart Technologies - with forged signature of Mary Grace, #34 Exhibit Passport of Mary Grace (no. redacted for this filing))(GRACE, MARY)
March 14, 2014 Opinion or Order MINUTE ORDER: The conference call previously set for March 18, 2014, at 2:00 p.m. is hereby reset for March 19, 2014, at 2:30 p.m. Signed by Judge James E. Boasberg on 3/14/2014. (lcjeb4)
March 12, 2014 Opinion or Order Filing 245 Memorandum Opinion re #244 Order on Motions to Dismiss. Signed by Judge James E. Boasberg on 3/12/2014. (lcjeb4)
March 12, 2014 Opinion or Order Filing 244 ORDER DENYING #181 Defendant Grace's Motion to Dismiss and #182 Defendant Saito's Motion to Dismiss. Signed by Judge James E. Boasberg on 3/12/2014. (lcjeb4)
March 12, 2014 Opinion or Order MINUTE ORDER: A conference call is hereby set for March 18, 2014, at 2:00 p.m. to discuss a discovery dispute related to bank records and bank account numbers. The Court ORDERS that the parties shall make themselves available at least five minutes in advance of the scheduled call; the Court will contact each party at that time. As per usual, the call will be recorded by a court reporter. Signed by Judge James E. Boasberg on 3/12/2014. (lcjeb4)
March 11, 2014 Filing 243 ERRATA CORRECTED COPY OF EXHIBIT A by U.S. SECURITIES AND EXCHANGE COMMISSION #242 First MOTION to Produce AGAINST TAMIO SAITO TO PRODUCE MATERIALS filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Guido, Kenneth)
March 11, 2014 Filing 242 First MOTION to Produce AGAINST TAMIO SAITO TO PRODUCE MATERIALS by U.S. SECURITIES AND EXCHANGE COMMISSION (Attachments: #1 Memorandum in Support, #2 Declaration, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Text of Proposed Order)(Guido, Kenneth)
March 10, 2014 Opinion or Order Filing 241 AMENDED ORDER: The Court ORDERS that by by March 10, 2014, Defendant Grace shall send a copy of this Order with signed and notarized unredacted copies of the Consent Directives (and their attachments), ECF Nos. 231-32, to Standard Chartered First Bank Korea Limited and Korea Exchange Bank, requesting all bank records from January 1, 2000, through December 31, 2013, in which Grace had or has a personal interest (legal or beneficial), or was or is authorized to transact business, and/or was or is a signatory to the account; and (2) The SEC shall provide to Grace copies of all records received from the banks. Signed by Judge James E. Boasberg on 3/10/2014. (ad)
March 4, 2014 Opinion or Order Filing 240 ORDER granting in part and denying in part #228 Motion for Order. The Court ORDERS that: (1) By March 10, 2014, Defendant Grace shall send a copy of this Order with signed and notarized unredacted copies of the Consent Directives (and their attachments), ECF Nos. 231-32, to Standard Chartered First Bank Korea Limited and Korea Exchange Bank, requesting all bank records from January 1, 2000, through December 31, 2013, in which Grace had or has a personal interest (legal or beneficial), or was or is authorized to transact business, and/or was or is a signatory to the account; and (2) The SEC shall provide to Grace copies of all records received from the banks. Signed by Judge James E. Boasberg on 3/4/2014. (lcjeb4)
March 4, 2014 Opinion or Order MINUTE ORDER: Given the technical difficulties in today's discovery conference call with the SEC and Defendant Saito, the Court ORDERS that the SEC may file a motion to compel limited to 10 pages by March 11, 2014, Saito may file an opposition limited to 10 pages by March 21, 2014, and the SEC may file a reply limited to five pages by March 28, 2014. Signed by Judge James E. Boasberg on 3/4/2014. (lcjeb4)
March 4, 2014 Set/Reset Deadlines: SEC may file a motion to compel limited to 10 pages by 3/11/2014, Saito may file an opposition limited to 10 pages by 3/21/2014, and the SEC may file a reply limited to five pages by 3/28/2014. (ad)
March 4, 2014 Minute Entry for proceedings held before Judge James E. Boasberg: Telephone Conference held on 3/4/2014. (Interpreter: Yuki Henninger) (Court Reporter Lisa Griffith) (ad)
March 4, 2014 Set/Reset Deadline: By 3/10/2014, Defendant Grace shall send a copy of this Order with signed and notarized unredacted copies of the Consent Directives (and their attachments), ECF Nos. 231-32, to Standard Chartered First Bank Korea Limited and Korea Exchange Bank, requesting all bank records from January 1, 2000, through December 31, 2013, in which Grace had or has a personal interest (legal or beneficial), or was or is authorized to transact business, and/or was or is a signatory to the account. (ad)
March 3, 2014 Filing 239 REPLY to opposition to motion re #228 Consent MOTION for Order for Voluntary Consent Waiver Directives to Obtain Foreign Korean Bank Records filed by MARY A. GRACE. (Attachments: #1 Exhibit Certificate of Corporate Seal, #2 Exhibit Employee Trust Acct 1. 1, #3 Exhibit Employee Trust Acct. 23, #4 Exhibit Employee Trust Acct.3, #5 Exhibit Employee Trust Acct.4, #6 Exhibit Employee Trust Acct.5, #7 Exhibit Employee Trust Acct 7, #8 Exhibit Employee Trust Acct. 8, #9 Exhibit Employee Trust Acct., #10 Exhibit Employee Trust Acct., #11 Text of Proposed Order Text of Proposed Order, #12 Exhibit Text of Proposed VoluntaryConsent Waiver Directive, #13 Exhibit Partial Text of Proposed Voluntary Consent Waiver - Requires information from Defendant's Letter in Plaintiff's possession which Defendant requests the Court to Order Plaintiff to Produce in order to get accurate information to put in Consent Waiver)(GRACE, MARY)
March 1, 2014 Filing 238 LARGE ADDITIONAL ATTACHMENT(S) EXHIBIT omitted by filing error by MARY A. GRACE Order,,,. (Attachments: #1 Exhibit KOREAN EXCHANGE BANK REQUEST FOR ACCOUNT NUMBERS)(GRACE, MARY)
February 28, 2014 Filing 237 AFFIDAVIT re Order,,, of Honorable James E. Boasberg, on February 18, 2014 by MARY A. GRACE. (GRACE, MARY)
February 28, 2014 Filing 236 LARGE ADDITIONAL ATTACHMENT(S) TO AFFIDAVIT OF MARY GRACE SETTING FORTH GOOD FAITH EFFORTS TO OBTAIN REQUESTED BANK RECORDS AND INFORMATION PURSUANT TO THE JUNE 18, 2013 LETTER AGREEMENT - PART 3 by MARY A. GRACE Order,,,. (Attachments: #1 Exhibit REQUESTS FOR KOREAN BANK INFORMATION NEEDED TO OBTAIN KOREAN BANK RECORDS 1, #2 Exhibit REQUESTS FOR KOREAN BANK INFORMATION NEEDED TO OBTAIN KOREAN BANK RECORDS 2, #3 Exhibit REQUESTS FOR KOREAN BANK INFORMATION NEEDED TO OBTAIN KOREAN BANK RECORDS 3, #4 Exhibit REQUESTS FOR KOREAN BANK INFORMATION NEEDED TO OBTAIN KOREAN BANK RECORDS 4, #5 Exhibit REQUESTS FOR KOREAN BANK INFORMATION NEEDED TO OBTAIN KOREAN BANK RECORDS 5, #6 Exhibit REQUESTS FOR KOREAN BANK INFORMATION NEEDED TO OBTAIN KOREAN BANK RECORDS 6, #7 Exhibit 2ND SUBPOENA TO PNC, #8 Exhibit 2ND SUBPOENA TO CHASE BANK, #9 Exhibit 2ND SUBPOENA TO BANK OF AMERICA, #10 Exhibit)(GRACE, MARY)
February 28, 2014 Filing 235 LARGE ADDITIONAL ATTACHMENT(S) TO AFFIDAVIT OF MARY GRACE SETTING FORTH GOOD FAITH EFFORTS TO OBTAIN REQUESTED BANKING RECORDS AND INFORMATION by MARY A. GRACE Order,,,. (Attachments: #1 Exhibit WELLS FARGO PRODUCTION OF BANK RECORDS 1, #2 Exhibit WELLS FARGO PRODUCTION OF BANK RECORDS 2, #3 Exhibit WELLS FARGO PRODUCTION OF BANK RECORDS 3, #4 Exhibit WELLS FARGO PRODUCTION OF BANK RECORDS 4, #5 Exhibit WELLS FARGO PRODUCTION OF BANK RECORDS 5, #6 Exhibit WELLS FARGO SUBPOENA FROM PLAINTIFF 1, #7 Exhibit WELLS FARGO SUBPOENA FROM PLAINTIFF 1, #8 Exhibit BANK OF HAWAII REQUESTS 1, #9 Exhibit BANK OF HAWAII REQUESTS 2, #10 Exhibit LETTER TO K.GUIDO RE COMPLIANCE WITH JUNE 18TH AGREEMENT WITH COPIES OF LETTERS BEING SENT, #11 Exhibit NEXGEN REQUEST LETTER, #12 Exhibit COUNSEL MARANDA FRITZ REQUEST LETTER, #13 Exhibit COUNSEL PATRICIA DOUGLASS REQUEST LETTER, #14 Exhibit MICHAEL GARDINER REQUEST LETTER, #15 Exhibit COO RICHARD BARRETT REQUEST LETTER, #16 Exhibit WAYNE DRIZIN REQUEST LETTER, #17 Exhibit COO BARRETT REQUEST LETTER 2, #18 Exhibit COUNSEL FRITZ REQUEST LETTER 2, #19 Exhibit COUNSEL P.DOUGLASS REQUEST LETTER 2, #20 Exhibit COO BARRETT REQUEST LETTER 3, #21 Exhibit COUNSEL FRITZ REQUEST LETTER 3, #22 Exhibit COO BARRETT REQUEST LETTER 4, #23 Exhibit COUNSEL FRITZ REQUEST LETTER 4)(GRACE, MARY)
February 28, 2014 Filing 234 AFFIDAVIT re Order,,, TO SET FORTH GOOD FAITH EFFORTS TO OBTAIN BANK RECORDS- PART 1 by MARY A. GRACE. (Attachments: #1 Exhibit DEFENDANTS RESPONSES AND OBJECTIONS TO PLAINTIFF'S FIRST SET OF INTERROGATORIES, #2 Exhibit DEFENDANT'S RESPONSES AND OBJECTIONS TO PLAINTIFFS FIRST REQUESTS FOR DOCUMENTS AND TANGIBLE THINGS,, #3 Exhibit JUNE 18, 2013 LETTER AGREEMENT BETWEEN PLAINTIFF AND DEFENDANT, #4 Exhibit JUNE 24, 2013 COURT ORDER, #5 Exhibit DEUTSCHE BANK REQUESTS 1, #6 Exhibit DEUTSCHE BANK REQUESTS 2, #7 Exhibit DEUTSCHE BANK REQUESTS 3, #8 Exhibit DEUTSCHE BANK REQUESTS 4, #9 Exhibit LLB BANK COMMUNICATIONS 1, #10 Exhibit LLB BANK COMMUNICATIONS 2, #11 Exhibit LLB BANK COMMUNICATIONS 3, #12 Exhibit LLB BANK COMMUNICATIONS 4, #13 Exhibit KOREA EXCHANGE BANK COMMUNICATIONS 1, #14 Exhibit KOREA EXCHANGE BANK COMMUNICATIONS 2, #15 Exhibit KOREA EXCHANGE BANK COMMUNICATIONS 3, #16 Exhibit KOREA EXCHANGE BANK COMMUNICATIONS 4, #17 Exhibit KOREA EXCHANGE BANK COMMUNICATIONS 5, #18 Exhibit STANDARD CHARTERED FIRST BANK KOREA COMMUNICATION 1, #19 Exhibit STANDARD CHARTERED FIRST BANK KOREA COMMUNICATION 2, #20 Exhibit STANDARD CHARTERED FIRST BANK KOREA COMMUNICATION 3, #21 Exhibit KANGNAM LABOR LAW FIRM KOREA COMMUNICATIONS 1, #22 Exhibit KANGNAM LABOR LAW FIRM KOREA COMMUNICATIONS 2, #23 Exhibit KANGNAM LABOR LAW FIRM KOREA COMMUNICATIONS 3, #24 Exhibit KANGNAM LABOR LAW FIRM KOREA COMMUNICATIONS 4, #25 Exhibit KANGNAM LABOR LAW FIRM KOREA COMMUNICATIONS 5, #26 Exhibit KIM & CHANG LAW FIRM KOREA COMMUNICATIONS, #27 Exhibit NEW YORK LAW JOURNAL RE COURT ORDERED VOLUNTARY CONSENT WAIVER DIRECTIVE BENEFITS IN OBTAINING FOREIGN BANK RECORDS)(GRACE, MARY)
February 28, 2014 Opinion or Order MINUTE ORDER: The Court ORDERS that if Defendant Grace has any objection to Plaintiff SEC's Proposed Order (ECF No. 230-1) or its proposed Consent Directives (ECF Nos. 231-32), she shall file such objection by March 3, 2014. Signed by Judge James E. Boasberg on 2/28/2014. (lcjeb4)
February 28, 2014 Set/Reset Deadlines: Defendant Grace's objection to Order (ECF No. 230-1) or its proposed Consent Directives (ECF nos 231-32) due by 3/3/2014 (tg, )
February 28, 2014 NOTICE OF CORRECTED DOCKET ENTRY: re #229 Response to motion was entered in error and counsel refiled as docket entry no. #230 . (td, )
February 27, 2014 Filing 233 SEALED DOCUMENT (Main document is exhibit A) filed by U.S. SECURITIES AND EXCHANGE COMMISSION. re #230 Response to motion, filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (This document is SEALED and only available to authorized persons.) (Attachments: #1 Exhibit I, #2 Exhibit J)(ztd, ) Modified on 3/4/2014 (ztd, ).
February 27, 2014 Filing 232 CONSENT AND UNDERTAKING by U.S. SECURITIES AND EXCHANGE COMMISSION. (Guido, Kenneth)
February 27, 2014 Filing 231 CONSENT AND UNDERTAKING by U.S. SECURITIES AND EXCHANGE COMMISSION. (Guido, Kenneth)
February 27, 2014 Filing 230 RESPONSE re #228 Consent MOTION for Order for Voluntary Consent Waiver Directives to Obtain Foreign Korean Bank Records MEMORANDUM IN RESPONSE TO MOTION filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Text of Proposed Order, #2 Declaration, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit)(Guido, Kenneth)
February 27, 2014 Filing 229 RESPONSE re #228 Consent MOTION for Order for Voluntary Consent Waiver Directives to Obtain Foreign Korean Bank Records MOTION TO FILE DOCUMENTS UNDERS SEAL filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Guido, Kenneth) Modified on 2/28/2014 (td, ). Modified on 3/4/2014 (ztd, ).
February 25, 2014 Set/Reset Deadline: If the SEC intends to oppose ECF No. #228 , Grace's MOTION for Order for Voluntary Consent Waiver Directives to Obtain Foreign Korean Bank Records, such opposition shall be filed on or before 2/27/2014. (ad)
February 24, 2014 Filing 228 Consent MOTION for Order for Voluntary Consent Waiver Directives to Obtain Foreign Korean Bank Records by MARY A. GRACE (Attachments: #1 Text of Proposed Order Proposed Court Order, #2 Exhibit Article - Waiver of Foreign Secrecy for Discovery of Bank Records Abroad, #3 Exhibit Consent Waiver 1, #4 Exhibit Consent Waiver 2, #5 Exhibit Attachment 1 to Consent Waivers, #6 Exhibit Attachment 2 to Consent Waivers, #7 Exhibit Attachment 3 to Consent Waivers, #8 Exhibit Attachment 4 to Consent Waivers)(GRACE, MARY)
February 24, 2014 Opinion or Order MINUTE ORDER: A conference call is hereby set for Tuesday, March 4, 2014, at 10:00 a.m. to discuss a discovery dispute between the SEC and Defendant Saito. The Court ORDERS that those two parties shall make themselves available at least five minutes in advance of the scheduled call; the Court will contact each party at that time. As per usual, the call will be recorded by a court reporter. A Japanese interpreter will be available for Saito. Signed by Judge James E. Boasberg on 2/24/2014. (lcjeb4)
February 24, 2014 Opinion or Order MINUTE ORDER: The Court understands that Grace's Motion (ECF No. #228 ) was filed as a consent motion in error. If the SEC intends to oppose ECF No. #228 , Grace's MOTION for Order for Voluntary Consent Waiver Directives to Obtain Foreign Korean Bank Records, it is hereby ORDERED that any such opposition shall be filed on or before Thursday, February 27, 2014. Signed by Judge James E. Boasberg on 2/24/2014. (lcjeb4)
February 19, 2014 Opinion or Order MINUTE ORDER dismissing #111 Motion to Compel; and dismissing #112 Motion to Compel. As discussed in the telephone conference call on February 18, 2014, the Court ORDERS that Plaintiff's Motions to Compel (ECF Nos. 111 & 112) are DISMISSED as moot. Signed by Judge James E. Boasberg on 2/19/2014. (lcjeb4)
February 19, 2014 Set/Reset Deadlines: By 2/28/2014, Grace shall provide a sworn affidavit to the SEC listing all bank accounts (other than Bank of America, PNC Bank, and JP Morgan Chase) in which she has or had any interest or signatory authority from 2000-2013; And by the same date, Grace shall submit to the Court an affidavit setting forth her good-faith efforts to obtain all foreign bank records. (ad)
February 18, 2014 Opinion or Order MINUTE ORDER: A conference call is hereby set for today, February 18, 2014, at 3:00 p.m. to discuss ongoing discovery disputes. The Court ORDERS that the parties shall make themselves available at least five minutes in advance of the scheduled call; the Court will contact each party at that time. As per usual, the call will be recorded by a court reporter. Signed by Judge James E. Boasberg on 2/18/2014. (lcjeb4)
February 18, 2014 Minute Entry for proceedings held before Judge James E. Boasberg: Telephone Conference held on 2/18/2014. (Court Reporter Lisa Griffith) (ad)
February 18, 2014 Opinion or Order MINUTE ORDER: As discussed in today's discovery conference call from the courtroom, the Court ORDERS that: 1) The SEC may subpoena Defendant Grace's domestic bank accounts through December 31, 2013; 2) If the SEC believes that money from foreign accounts has flowed into domestic accounts after that date, it may apply to the Court for records beyond that cutoff date; 3) By February 28, 2014, Grace shall provide a sworn affidavit to the SEC listing all bank accounts (other than Bank of America, PNC Bank, and JP Morgan Chase) in which she has or had any interest or signatory authority from 2000-2013; and 4) By the same date, Grace shall submit to the Court an affidavit setting forth her good-faith efforts to obtain all foreign bank records. Signed by Judge James E. Boasberg on 2/18/2014. (lcjeb4)
February 14, 2014 Set/Reset Deadlines: The deadline to name experts and submit expert reports is extended from 2/16/2014, until 4/01/2014; the deadline for rebuttal experts will now be 4/14/2014; and the deadline for expert sur-rebuttals will now be 4/21/2014. (ad)
February 14, 2014 Opinion or Order MINUTE ORDER granting #226 Unopposed Motion for Extension of Time to Complete Discovery. Upon consideration of the Motion, the Court hereby ORDERS that the Motion is GRANTED; it is FURTHER ORDERED that (1) the deadline to name experts and submit expert reports is extended from February 16, 2014, until April 1, 2014; (2) the deadline for rebuttal experts will now be April 14, 2014; and (3) the deadline for expert sur-rebuttals will now be April 21, 2014. Signed by Judge James E. Boasberg on 2/14/2014. (lcjeb4)
February 12, 2014 Filing 226 Unopposed MOTION for Extension of Time to Complete Discovery by MARY A. GRACE (GRACE, MARY)
January 21, 2014 NOTICE OF CORRECTED DOCKET ENTRY: Docket Entry #223 Reply to opposition to Motion was entered in error as a duplicate of Docket Entry #225 Reply to opposition to Motion. (znmw, )
January 20, 2014 Filing 225 REPLY to opposition to motion re #181 MOTION to Dismiss filed by MARY A. GRACE. (GRACE, MARY)
January 20, 2014 Filing 224 REPLY to opposition to motion re #182 MOTION to Dismiss Defendant Tamio Saito Motion to Dismiss filed by TAMIO SAITO. (GRACE, MARY)
January 20, 2014 Filing 223 ENTERED IN ERROR.....REPLY to opposition to motion re #181 MOTION to Dismiss filed by MARY A. GRACE. (GRACE, MARY) Modified on 1/21/2014 (znmw, ).
January 16, 2014 Set/Reset Deadline: The SEC shall by 1/16/2014, provide Grace with the following information in response to Interrogatories 9-11: the number of documents contained in the Concordance database and the number of smart cards it has received, when they were received, and from whom. (ad)
January 15, 2014 Minute Entry for proceedings held before Judge James E. Boasberg: Telephone Conference held on 1/15/2014. (Court Reporter Lisa Griffith) (ad)
January 15, 2014 Opinion or Order MINUTE ORDER: As discussed in today's discovery conference call from the courtroom, the Court ORDERS that: 1) To clarify the Court's second Minute Order of December 2, 2013, the SEC may subpoena all bank records for accounts in Defendant Grace's name, in which she has a legal or beneficial interest, or in which she has authority to initiate a transaction; and 2) The SEC shall by January 16, 2014, provide Grace with the following information in response to Interrogatories 9-11: the number of documents contained in the Concordance database and the number of smart cards it has received, when they were received, and from whom. Signed by Judge James E. Boasberg on 11/15/2013. (lcjeb4)
January 10, 2014 Filing 222 Unopposed MOTION for Extension of Time to File Response/Reply as to #182 MOTION to Dismiss Defendant Tamio Saito Motion to Dismiss, #181 MOTION to Dismiss Defendant Mary Grace Motion to Dismiss by MARY A. GRACE (GRACE, MARY)
January 10, 2014 Opinion or Order MINUTE ORDER granting #222 Unopposed Motion for Extension of Time to File Response/Reply. The Motion is hereby GRANTED; Defendants Grace and Saito shall file their replies to the Opposition to their Motions to Dismiss on or before January 20, 2014. Signed by Judge James E. Boasberg on 1/10/2014. (lcjeb4)
January 10, 2014 Set/Reset Deadline: Defendants Grace and Saito shall file their replies to the Opposition to their Motions to Dismiss on or before 1/20/2014. (ad)
January 6, 2014 Opinion or Order MINUTE ORDER: The conference call previously set for January 9, 2014, at 3:00 p.m. is hereby reset for January 15, 2014, at 3:00 p.m. The Court ORDERS that the parties shall make themselves available at least five minutes in advance of the scheduled call; the Court will contact each party at that time. As per usual, the call will be recorded by a court reporter. Signed by Judge James E. Boasberg on 1/6/2014. (lcjeb4)
January 2, 2014 Opinion or Order MINUTE ORDER: A conference call is hereby set for January 9, 2014, at 3:00 p.m. to discuss discovery disputes between the SEC and Defendant Grace. The Court ORDERS that the parties shall make themselves available at least five minutes in advance of the scheduled call; the Court will contact each party at that time. As per usual, the call will be recorded by a court reporter. Signed by Judge James E. Boasberg on 1/2/2014. (lcjeb4)
December 24, 2013 Opinion or Order MINUTE ORDER granting #221 Motion for Extension of Time to File Response/Reply. It is hereby ORDERED that the deadline for Defendants Mary Grace and Tamio Saito to reply to the Opposition to their respective Motions to Dismiss is hereby extended up to and including January 13, 2014. Signed by Judge James E. Boasberg on 12/24/2013. (lcjeb4)
December 24, 2013 Opinion or Order MINUTE ORDER denying #220 and #216 Motions for Extension of Time to File Response/Reply. As the Motions ECF Nos. #220 and #216 are duplicative of Motion ECF No. #221 , which has been granted, they are hereby DENIED. Signed by Judge James E. Boasberg on 12/24/2013. (lcjeb4)
December 24, 2013 Set/Reset Deadlines: Reply to opposition due by 1/13/2014. (mpt)
December 23, 2013 Filing 221 Unopposed MOTION for Extension of Time to File Response/Reply to Opposition to Defendant Mary Grace's Motion to Dismiss by MARY A. GRACE (GRACE, MARY)
December 23, 2013 Filing 220 MOTION for Extension of Time to File Response/Reply To Defendant Mary Grace by MARY A. GRACE (GRACE, MARY)
December 23, 2013 Filing 219 REPLY to opposition to motion re #181 MOTION to Dismiss Unopposed Motion for Extension to Reply filed by MARY A. GRACE. (GRACE, MARY)
December 23, 2013 Filing 218 REPLY to opposition to motion re #182 MOTION to Dismiss Defendant Tamio Saito Motion to Dismiss Unopposed Motion for Extension to Reply filed by TAMIO SAITO. (GRACE, MARY)
December 23, 2013 Filing 217 REPLY to opposition to motion re #181 MOTION to Dismiss Unopposed Motion for Extension to Reply filed by MARY A. GRACE. (GRACE, MARY)
December 23, 2013 Filing 216 MOTION for Extension of Time to File Response/Reply as to #182 MOTION to Dismiss Defendant Tamio Saito Motion to Dismiss by MARY A. GRACE (GRACE, MARY)
December 18, 2013 Set/Reset Deadlines: On or before 1/15/2014, the SEC will produce to Defendant Grace photographs and/or copies of the smart cards obtained from Civitas, Gardiner, O'Meara, and Exponent; and 2) On or before the same date, the SEC shall answer Grace's Interrogatories 9-11 as set forth on Exh. 5 of Grace's email to chambers for the conference call. (ad)
December 17, 2013 Minute Entry for proceedings held before Judge James E. Boasberg: Telephone Conference held on 12/17/2013. (Court Reporter Lisa Griffith) (ad)
December 17, 2013 Opinion or Order MINUTE ORDER: As discussed in today's discovery conference call from the courtroom, the Court ORDERS that: 1) On or before January 15, 2014, the SEC will produce to Defendant Grace photographs and/or copies of the smart cards obtained from Civitas, Gardiner, O'Meara, and Exponent; and 2) On or before the same date, the SEC shall answer Grace's Interrogatories 9-11 as set forth on Exh. 5 of Grace's email to chambers for the conference call. Signed by Judge James E. Boasberg on 12/17/2013. (lcjeb4)
December 13, 2013 Filing 215 Memorandum in opposition to re #182 MOTION to Dismiss Defendant Tamio Saito Motion to Dismiss filed by Tamio Saito filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Guido, Kenneth)
December 13, 2013 Filing 214 Memorandum in opposition to re #181 MOTION to Dismiss filed by Mary A. Grace filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Guido, Kenneth)
December 12, 2013 Filing 213 Unopposed MOTION for Extension of Time to Complete Discovery MOTION TO EXTEND THE EXPERT DISCOVERY DEADLINES by MARY A. GRACE (GRACE, MARY)
December 12, 2013 Opinion or Order MINUTE ORDER granting #213 Unopposed Motion for Extension of Time to Complete Discovery. It is hereby ORDERED that the Motion #213 is GRANTED and discovery deadlines are reset as follows: (1) Expert witnesses shall be designated per Fed. R. Civ. P. 26(a)(2) on or before February 16, 2014; (2) All rebuttal experts shall be designated per Fed. R. Civ. P. 26(a)(2) on or before March 3, 2014; (3) All sur-rebuttal experts shall be designated per Fed. R. Civ. P. 26(a)(2) on or before March 17, 2014; (4) All expert witness discovery shall be completed by April 4, 2014. In addition, (5) the status conference previously scheduled for February 24, 2014, at 9:30 a.m. is hereby reset for April 24, 2014, at 9:30 a.m. in Courtroom 19. Signed by Judge James E. Boasberg on 12/12/2013. (lcjeb4)
December 12, 2013 Set/Reset Deadlines/Hearings: Expert witnesses shall be designated per Fed. R. Civ. P. 26(a)(2) on or before 2/16/2014; All rebuttal experts shall be designated per Fed. R. Civ. P. 26(a)(2) on or before 3/03/2014; All sur-rebuttal experts shall be designated per Fed. R. Civ. P. 26(a)(2) on or before 3/17/2014; All expert witness discovery shall be completed by 4/04/2014. The Status Conference set for 2/24/2014 at 9:30 AM is hereby VACATED and RESCHEDULED for 4/24/2014 at 9:30 AM in Courtroom 19 before Judge James E. Boasberg. (ad)
December 11, 2013 Opinion or Order MINUTE ORDER: A conference call is hereby set for December 17, 2013, at 3:00 p.m. to discuss a discovery dispute. The Court ORDERS that the parties shall make themselves available at least five minutes in advance of the scheduled call; the Court will contact each party at that time. As per usual, the call will be recorded by a court reporter. Signed by Judge James E. Boasberg on 12/11/2013. (lcjeb4)
December 2, 2013 Minute Entry for proceedings held before Judge James E. Boasberg: Telephone Conference held on 12/2/2013. (Court Reporter Lisa Griffith) (mpt, )
December 2, 2013 Opinion or Order Filing 212 ORDER granting #180 Motion for Sanctions. Signed by Judge James E. Boasberg on 12/2/2013. (lcjeb4)
December 2, 2013 Opinion or Order Filing 211 ORDER DENYING Robert J. Rowen's #178 Motion to Dismiss. Signed by Judge James E. Boasberg on 12/2/2013. (lcjeb4)
December 2, 2013 Filing 210 (SUR) REPLY to opposition to motion re #180 MOTION for Sanctions for Violation of Orders to Produce Smart Cards filed by MARY A. GRACE. (Attachments: #1 Exhibit 3-1. Production, #2 Exhibit 3-2. Production, #3 Exhibit 3 -3. Production, #4 Exhibit 3 - 4. Production, #5 Exhibit 3-5. Production, #6 Exhibit 3 -6. Production, #7 Exhibit 3 -7. Production, #8 Exhibit 3-8. Production, #9 Exhibit 3 -9. Production, #10 Exhibit 3 - 10. Production)(GRACE, MARY) Modified to correct event on 12/3/2013 (td, ).
December 2, 2013 Filing 209 (SUR)REPLY to opposition to motion re #180 MOTION for Sanctions for Violation of Orders to Produce Smart Cards filed by MARY A. GRACE. (Attachments: #1 Exhibit 1. June 18, 2013 Jointly Stipulated Letter, #2 Exhibit 2-1. Letter of Request, #3 Exhibit 2-2.Letter of Request, #4 Exhibit 2-3 Letter of Request, #5 Exhibit 2-3 B. Letter of Request, #6 Exhibit 2- 4. Letter of Request, #7 Exhibit 2 - 5. Letter of Request, #8 Exhibit 2-6 Letter of Request, #9 Exhibit 2-7. Letter of Request, #10 Exhibit 2 - 8. Letter of Request, #11 Exhibit 2 - 9. Letter of Request, #12 Exhibit 2 - 9 B. Letter of Request, #13 Exhibit 2 - 10. Letter of Request, #14 Exhibit 2-11. Letter of Request, #15 Exhibit 2 -12 Letter of Request, #16 Exhibit 2 - 13 Letter of Request, #17 Exhibit 2 - 14. Letter of Request, #18 Exhibit 2 - 15. Letter of Request, #19 Exhibit 2 - 16. Letter of Request, #20 Exhibit 2 - 17. Letter of Request, #21 Exhibit 2. 18. Letter of Request, #22 Exhibit 2 - 18 B. Letter of Request, #23 Exhibit 2 - 19. Letter of Request, #24 Exhibit 2 - 20. Letter of Request, #25 Exhibit 2 - 21. Letter of Request, #26 Exhibit 2 - 21. Letter of Request, #27 Exhibit 2 -23. Letter of Request, #28 Exhibit 2 - 24. Letter of Request, #29 Exhibit 2 - 25. Letter of Request, #30 Exhibit 2 -26. Letter of Request, #31 Exhibit 2 - 27. Letter of Request)(GRACE, MARY) Modified to correct event on 12/3/2013 (td, ).
December 2, 2013 Opinion or Order MINUTE ORDER: As discussed in today's discovery conference call from the courtroom, the Court ORDERS that the Order granting sanctions #212 is hereby MODIFIED. If the SEC has obtained smart cards from other sources that are the same or similar to items 9 through 12 in the SEC's September 3, 2013, letter, see ECF No. 180-3, then the SEC is entitled to the evidentiary sanctions listed in paragraphs a-h of the sanctions Order, see ECF No. 212 at 3-4, only to the extent that such otherwise-obtained smart cards do not possess those listed functionalities. Signed by Judge James E. Boasberg on 12/2/2013. (lcjeb4)
December 2, 2013 Set/Reset Deadlines: SEC's Opposition to Defendants' Dispositive Motions due by 12/13/2013; Defendants' Replies due by 1/3/2014. SEC and Grace shall meet and confer on 12/5/2013 at 4:00 EST. (tg, )
December 2, 2013 Opinion or Order MINUTE ORDER. As discussed in today's discovery conference call from the courtroom, the Court ORDERS that: 1) The SEC may subpoena personal bank records of Defendant Grace; 2) Grace shall meanwhile continue to make good-faith efforts to procure and provide such records to the SEC; 3) The SEC may have until December 13, 2013, to oppose Defendants' Motions to Dismiss; 4) Defendants may have until January 3, 2014, to file their Replies; and 5) The SEC and Grace shall meet and confer via telephone regarding the SEC's responses to Grace's discovery requests on December 5 at 4:00 EST. Signed by Judge James E. Boasberg on 12/2/2013. (lcjeb4)
November 29, 2013 Filing 208 REPLY to opposition to motion re #3 MOTION to Dismiss filed by ROBERT J. ROWEN. (ROWEN, ROBERT)
November 26, 2013 Filing 207 ERRATA Exhibits omitted by filing error by MARY A. GRACE #181 MOTION to Dismiss filed by MARY A. GRACE. (Attachments: #1 Exhibit 1. Petition for Review - Richard BarrettOSHA, #2 Exhibit 2. Deposition of Richard Barrett Vol. II- Trade Secret Theft Case, #3 Exhibit 3. Deposition of Richard Barrett Vol III - Trade Secret Theft Case)(GRACE, MARY)
November 26, 2013 Filing 206 ERRATA Exhibit to Motion to Dismiss by MARY A. GRACE #181 MOTION to Dismiss filed by MARY A. GRACE. (Attachments: #1 Errata A. Wells Submission of Mary Grace, #2 Exhibit 1. Exponent Report & Evaluation, #3 Exhibit 2. Attorney Agreement to Provide computers harddrives to Staff of SEC, #4 Exhibit 3. Attorney & SEC communications, #5 Exhibit 4.. e-Smart's Securities Attorney's Billing Records, #6 Exhibit 5. e-Smart's Securities Counsel approving & ratifying challenged Opinion Loan Shares, #7 Declaration 6. Declaration, #8 Exhibit B. Supplemental Wells Submission of Mary Grace)(GRACE, MARY)
November 26, 2013 Filing 205 RESPONSE re #180 MOTION for Sanctions for Violation of Orders to Produce Smart Cards OBJECTION TO MOTION FOR SANCTIONS filed by TAMIO SAITO. (Attachments: #1 Exhibit 1. Compliance with Court Order, #2 Exhibit 2A. Declaration of Marcello Soliven, #3 Exhibit 2B. Exhibit to Declaration of Marcello Soliven, #4 Exhibit 2C. Exhibit to Declaration of Marcello Soliven, #5 Declaration 3A. Declaration of Tamio Saito, #6 Exhibit 3B. Exhibit to Declaration of Tamio Saito, #7 Exhibit 3C-1. Exhibit to Declaration of Tamio Saito, #8 Exhibit 3C-2. Exhibit to Declaration of Tamio Saito, #9 Exhibit 3C-3. Exhibit to Declaration of Tamio Saito, #10 Exhibit 5. Plaintiff's Letter of Requests for copies smart cards Sept. 3, 2012, #11 Exhibit 7. Court Order for production of copies of smart cards, #12 Exhibit 8. Plaintiff's Letter of June 18, 2013 to use reasonable efforts to obtain smart cards from individuals identified as having possession, custody and control of Defendant's smart cards responsive to Plaintiff's request, including stolen smart cards)(GRACE, MARY)
November 25, 2013 Filing 204 REPLY to opposition to motion re #180 MOTION for Sanctions for Violation of Orders to Produce Smart Cards REPLY TO MARY GRACE'S OPPOSITION TO REQUEST FOR SPECIFIC SANCTIONS filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Guido, Kenneth)
November 22, 2013 Opinion or Order MINUTE ORDER: A conference call is hereby set for Monday, December 2, 2013, at 2:30 p.m. to discuss a discovery dispute. The Court ORDERS that Plaintiff SEC and Defendant Mary Grace make themselves available to appear telephonically at that time. The Court will call each party, and the call will be transcribed by a court reporter. Signed by Judge James E. Boasberg on 11/22/2013. (lcjeb4)
November 21, 2013 Filing 203 RESPONSE re #180 MOTION for Sanctions for Violation of Orders to Produce Smart Cards filed by MARY A. GRACE. (Attachments: #1 Exhibit 12B. Production of copies of cards in Letter No. 9 & 10)(GRACE, MARY)
November 21, 2013 Filing 202 RESPONSE re #180 MOTION for Sanctions for Violation of Orders to Produce Smart Cards filed by MARY A. GRACE. (Attachments: #1 Exhibit 2C. Copies of Cards Letter No. 1-10 & 12 Produced, #2 Exhibit 12A. Copies of Cards Letter #9 & 10 - Produced, #3 Exhibit 13A. Production of 700 circuits/smart cards + components caused to be produced by NxGen, #4 Exhibit 13B. Production Inventory of 700 circuits and smart cards caused to be produced by NxGen)(GRACE, MARY)
November 21, 2013 Filing 201 RESPONSE re #180 MOTION for Sanctions for Violation of Orders to Produce Smart Cards filed by MARY A. GRACE. (Attachments: #1 Exhibit 12A-1, #2 Exhibit 12-A2, #3 Exhibit 12B-2, #4 Exhibit 12B-1, #5 Exhibit 12B-1, #6 Exhibit 12-B2, #7 Exhibit 12C-1, #8 Exhibit 12C-2, #9 Exhibit 12C-3, #10 Exhibit 8)(GRACE, MARY)
November 19, 2013 Filing 200 ERRATA by TAMIO SAITO #182 MOTION to Dismiss Defendant Tamio Saito Motion to Dismiss filed by MARY A. GRACE. (Attachments: #1 Exhibit Ex.4P-3 Due Diligence Report Part 3)(GRACE, MARY)
November 19, 2013 Filing 199 ERRATA by MARY A. GRACE #182 MOTION to Dismiss Defendant Tamio Saito Motion to Dismiss filed by MARY A. GRACE. (Attachments: #1 Exhibit Ex. 4P-2 Due Diligence Report - Part 2)(GRACE, MARY)
November 19, 2013 Filing 198 ERRATA by MARY A. GRACE #182 MOTION to Dismiss Defendant Tamio Saito Motion to Dismiss filed by MARY A. GRACE. (Attachments: #1 Ex 4L Bio Tamio Saito, #2 Ex. 4P-1- Due Diligence Report Part 1)(GRACE, MARY)
November 19, 2013 Filing 197 ERRATA by MARY A. GRACE #181 MOTION to Dismiss filed by MARY A. GRACE. (Attachments: #1 Exhibit Ex. 12A Mybi Contract announcement, #2 Exhibit Ex. 12B. Mybi Financial Assumptions - WDrizi, #3 Exhibit Ex 12 B-2- Mybi Financial Projections - WDrizin, #4 Exhibit Ex. 13 Shareholder Conference Call Transcript - Dec. 29, 2007)(GRACE, MARY)
November 19, 2013 Filing 196 ERRATA by MARY A. GRACE #181 MOTION to Dismiss filed by MARY A. GRACE. (Attachments: #1 Exhibit Ex 4 - 230 loans handled by D. Borwick, #2 Exhibit Ex. 9A-1 - 2005 10K reDraft, #3 Exhibit Ex. 9A -2- 2005 10K 1st Draft, #4 Exhibit Ex. 9B-12005 10K re. Draft, #5 Exhibit Ex 9B-2 2005 10K Draft, #6 Exhibit Ex 9C re 2005 10K MFritz final arbiter & editor, #7 Exhibit Ex. 9D re 2005 10K, #8 Exhibit Ex. 9E re 2005 10K, #9 Exhibit Ex 9F re 2005 10K)(GRACE, MARY)
November 19, 2013 Filing 195 Memorandum in opposition to re #178 MOTION to Dismiss Amended Complaint by Defendant Robert Rowen filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Guido, Kenneth)
November 19, 2013 Filing 194 ERRATA by MARY A. GRACE #181 MOTION to Dismiss filed by MARY A. GRACE. (Attachments: #1 Ex. 8H-2A Minutes Approving OpinionLoans, #2 Ex. 8I - Opinion Loan Share Approval - Counsel, #3 Ex. 8I.2 -Valuation of Technology for Auditors by Counsel, #4 Ex. 8J - Counsel Billing for Approval to Stock Transfer Agent to Remove Restriction per Opinion, #5 Ex. 10 Memo to SEC - False Report, #6 Ex. 11 Report of Independent Accounting Firms, #7 Ex. 13 Nasdaq Historical Stock Chart)(GRACE, MARY)
November 19, 2013 Filing 193 ERRATA by MARY A. GRACE #181 MOTION to Dismiss filed by MARY A. GRACE. (Attachments: #1 Exhibit Ex. 8A Audit - Approvals - Counsel M.Fritz, #2 Exhibit Ex. 8A-2 Audit -Approval- Counsel, #3 Exhibit Ex. 8A-3 Audit- Approval-Counsel, #4 Exhibit Ex. 8A-1 Audit - Approval-Counsel, #5 Exhibit Ex. 8B Audit Approval - Counsel, #6 Exhibit Ex 8C Audit Approval - Counsel, #7 Exhibit Ex. 8D - Audit Approval -Loan Shares -Counsel, #8 Exhibit Ex. 8E - Minutes - Approval -Counsel, #9 Exhibit Ex. 8E-2 Board Minutes - Approval - Counsel, #10 Ex. 8F -Counsel Letter to Auditors Approving Loan shares, #11 Ex. 8G. Counsel Approval of Shares)(GRACE, MARY)
November 19, 2013 Filing 192 ERRATA by TAMIO SAITO #182 MOTION to Dismiss Defendant Tamio Saito Motion to Dismiss filed by MARY A. GRACE. (Attachments: #1 Affidavit Declaration of Mary Grace in Support of Tamio Saito's Motion to Dismiss, #2 Exhibit Exhibit 19A e-Smart Businsess Plan - R. Barrett - Sept. 25, 2007, #3 Exhibit Exhibit 19B e-Smart Business Plan - R. Barrett - Aug. 25 2007)(GRACE, MARY)
November 19, 2013 Filing 191 ERRATA by MARY A. GRACE #181 MOTION to Dismiss filed by MARY A. GRACE. (Attachments: #1 Affidavit Declaration of Tamio Saito in Support of Defendant Mary Grace's Motion to Dismiss, #2 Exhibit Exhibit 19A e-Smart Business Plan - Richard Barrett - Sept. 25, 2007, #3 Exhibit Exhibit 19B e-Smart Business Plan Richard Barrett - August 25,2007)(GRACE, MARY)
November 19, 2013 Filing 190 ERRATA by MARY A. GRACE #181 MOTION to Dismiss filed by MARY A. GRACE. (Attachments: #1 Exhibit Exhibit 2B Due Diligence Report Pt. 2)(GRACE, MARY)
November 19, 2013 Filing 189 ERRATA by MARY A. GRACE #181 MOTION to Dismiss filed by MARY A. GRACE. (Attachments: #1 Exhibit Exhibit 2A Due Diligence Report)(GRACE, MARY)
November 19, 2013 Filing 188 ERRATA by MARY A. GRACE #181 MOTION to Dismiss filed by MARY A. GRACE. (Attachments: #1 Exhibit Exhibit 1A. China Ministry of Construction Contract Business Plan, #2 Exhibit Exhibit 1B China Business Plan PPt, #3 Exhibit Exhibit 3 Insight Magazine, #4 Exhibit Exhibit 5 Exponent Report, #5 Exhibit Exhibit 6 - Brightside Funding & Contract Report, #6 Exhibit Exhibit 6 (2) Declaration of Kelly O'Mears, #7 Exhibit Exhibit 7 Samsung Press Release - Series of e-mails approving)(GRACE, MARY)
November 19, 2013 Filing 187 ERRATA by TAMIO SAITO #182 MOTION to Dismiss Defendant Tamio Saito Motion to Dismiss filed by MARY A. GRACE. (Attachments: #1 Exhibit Ex. 4C-2 -Contract Signing- Tech Meetings etc.)(GRACE, MARY)
November 19, 2013 Filing 186 ERRATA by TAMIO SAITO #182 MOTION to Dismiss Defendant Tamio Saito Motion to Dismiss filed by MARY A. GRACE. (Attachments: #1 Exhibit Ex. 4K-1 Declaration of R.Brunsell - Nxgen Manufacturing History, #2 Exhibit Ex. 4K-2 NxGen Manufacturing History of Smart Card, #3 Exhibit Ex. 4N - Declaration of Wayne Drizin confirming Production & Delivery of Mybi Contract smart cards & Revenue producing contract, #4 Exhibit Ex. 4I-1 - Declaration of Richard Barrett - Trade Secrets, #5 Exhibit Ex. 4I-2 Declaration of Richard Barrett - Report of Stolen Retrieved Technology Files, #6 Exhibit Ex. 5 Zero/Zero)(GRACE, MARY)
November 19, 2013 Filing 185 ERRATA by TAMIO SAITO #182 MOTION to Dismiss Defendant Tamio Saito Motion to Dismiss filed by MARY A. GRACE. (Attachments: #1 Exhibit Ex. 4A Certification -KETI-ISO 7816, #2 Exhibit Ex. 4B Certification - KISA_BioAPI, #3 Exhibit Ex. 4C Certification - KISA-BIOAPI V-2, #4 Exhibit Ex. 4D Certification - KISA Fingerprint, #5 Exhibit Ex. 4E Certification - TASIC, #6 Exhibit Ex. 4G History of Technology, #7 Exhibit Ex. 4H Patent Timeline)(GRACE, MARY)
November 19, 2013 Filing 184 ERRATA by TAMIO SAITO #182 MOTION to Dismiss Defendant Tamio Saito Motion to Dismiss filed by MARY A. GRACE. (Attachments: #1 Exhibit Exhibit 3A Smart Cards Produced from 2002, #2 Exhibit Exhibit 3B Smart Cards Delivered in 2011-2012, #3 Exhibit Exhibit 4A - Insight Magazine w. Smart Card on Cover, #4 Exhibit Exhibit 4B - Nikkei Magazine - smart card)(GRACE, MARY)
November 19, 2013 Filing 183 ERRATA by TAMIO SAITO #182 MOTION to Dismiss Defendant Tamio Saito Motion to Dismiss filed by MARY A. GRACE. (Attachments: #1 Exhibit Exhibit 2A Certification - KETI, #2 Exhibit Exhibit 2B Certification - KISA, #3 Exhibit Exhibit 2C Certification KISS_BioAPI, #4 Exhibit Exhibit 2DCertification - KISA FIngerprint, #5 Exhibit Exhibit 2ECertification - TASIC, #6 Exhibit Exhibit 1)(GRACE, MARY)
November 19, 2013 NOTICE OF ERROR re #189 Errata; emailed to marygrace.esmart@gmail.com, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. FYI: Use the event under Other Docs for filing Large Additional Attachments. (td, )
November 18, 2013 Filing 182 MOTION to Dismiss Defendant Tamio Saito Motion to Dismiss by MARY A. GRACE (Attachments: #1 Memorandum in Support of Defendant Tamio Saito's Motion to Dismiss)(GRACE, MARY)
November 18, 2013 Filing 181 MOTION to Dismiss by MARY A. GRACE (Attachments: #1 Memorandum in Support of Defendant Mary Grace's Motion to Dismiss)(GRACE, MARY)
November 15, 2013 Filing 180 MOTION for Sanctions for Violation of Orders to Produce Smart Cards by U.S. SECURITIES AND EXCHANGE COMMISSION (Attachments: #1 Text of Proposed Order, #2 Declaration, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Guido, Kenneth)
November 14, 2013 Filing 179 TRANSCRIPT OF TELEPHONE CONFERENCE before Judge James E. Boasberg held on 11/13/2013; Page Numbers: 1-33. Date of Issuance: 11/14/2013. Court Reporter Vicki Eastvold. Telephone number 202-354-3252. Court Reporter Email Address : vickieastvold@yahoo.com. For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at ww.dcd.uscourts.gov. Redaction Request due 12/5/2013. Redacted Transcript Deadline set for 12/15/2013. Release of Transcript Restriction set for 2/12/2014.(Eastvold, Vicki)
November 13, 2013 Opinion or Order MINUTE ORDER: As discussed in today's telephone status hearing, the Court ORDERS that: 1) By November 15, 2013, Defendant Grace shall send to the SEC the original card referred to as Soliven Exhibit 13 in category 7 of the SEC's September 3, 2013, letter, and, once received, the SEC will return the copy in its possession to Grace; 2) The SEC may seek evidentiary sanctions regarding categories 9-16 (per the SEC's September 3, 2013, letter) for Grace's continued failure to produce these items; and 3) The SEC shall submit its proposed sanctions language to Grace by November 15, 2013, and the Court by November 18, 2013; if Grace has objections, those may be submitted to the Court by November 20, 2013. Signed by Judge James E. Boasberg on 11/13/2013. (lcjeb4)
November 13, 2013 Minute Entry for proceedings held before Judge James E. Boasberg: Telephone Conference held on 11/13/2013. (By 11/15/2013, Defendant Grace shall send to the SEC the original card referred to as Soliven Exhibit 13 in category 7 of the SEC's 09/03/2013, letter, and, once received, the SEC will return the copy in its possession to Grace; 2) The SEC may seek evidentiary sanctions regarding categories 9-16 (per the SEC's 09/03/2013, letter) for Grace's continued failure to produce these items; and 3) The SEC shall submit its proposed sanctions language to Grace by 11/15/2013, and the Court by 11/18/2013; if Grace has objections, those may be submitted to the Court by 11/20/2013). (Court Reporter Vicki Eastvold). (dr)
November 5, 2013 Filing 178 MOTION to Dismiss Amended Complaint by ROBERT J. ROWEN (ROWEN, ROBERT)
November 1, 2013 Opinion or Order MINUTE ORDER: A conference call is hereby set for Wednesday, November 13, 2013, at 11:00 a.m. to discuss a discovery dispute regarding production of the cards. The Court ORDERS that the parties shall jointly call Chambers at (202) 354-3300 at that time. Signed by Judge James E. Boasberg on 11/01/2013. (lcjeb4)
October 29, 2013 Set/Reset Deadline: Defendants shall file a response to the First Amended Complaint on or before 11/18/2013. (ad)
October 29, 2013 Set/Reset Deadlines/Hearings: The deadline to designate expert witnesses and provide opposing counsel and any pro se party with all information specified in Fed. R. Civ. P. 26(a)(2) is extended from 11/01/2013, to 12/16/2013; The deadline to designate all rebuttal experts and provide opposing counsel and any pro se party with all information specified in Fed. R. Civ. P. 26(a)(2) is extended from 11/15/2013, to 12/30/2013; The deadline to designate all sur-rebuttal experts and provide opposing counsel and any pro se party with all information specified in Fed. R. Civ. P. 26(a)(2) is extended from 12/01/2013, to 1/15/2014; The deadline to complete all expert witness discovery is extended from 12/20/2013, to 2/05/2014. The Status Conference set for 1/07/2014 at 10:30 AM is hereby VACATED and RESCHEDULED for 2/24/2014 at 9:30 AM in Courtroom 19 before Judge James E. Boasberg. (ad)
October 29, 2013 Opinion or Order MINUTE ORDER granting #177 Motion for Extension of Time. It is hereby ORDERED that Defendants shall file a response to the First Amended Complaint on or before November 18, 2013. Signed by Judge James E. Boasberg on 10/29/2013. (lcjeb4)
October 28, 2013 Filing 177 Joint MOTION for Extension of Time to file responsive pleading to Amended Complaint refiled after a Meet and Confer agreeing by both parties by MARY A. GRACE (GRACE, MARY)
October 28, 2013 Filing 176 Joint MOTION for Extension of Time to EXPERT DISCOVERY DEADLINES by U.S. SECURITIES AND EXCHANGE COMMISSION (Guido, Kenneth)
October 28, 2013 Filing 175 RESPONSE re #172 Joint MOTION for Extension of Time to file responsive pleading SEC'S CONSENT TO MARY GRACE AND TAMIO SAITO'S MOTION FOR EXTENSION filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Guido, Kenneth)
October 28, 2013 Filing 174 MOTION for Extension of Time to File Answer addendum by ROBERT J. ROWEN (ROWEN, ROBERT)
October 28, 2013 Filing 173 MOTION for Extension of Time to File Answer by ROBERT J. ROWEN (ROWEN, ROBERT)
October 28, 2013 Filing 172 Joint MOTION for Extension of Time to file responsive pleading by TAMIO SAITO (GRACE, MARY)
October 28, 2013 Filing 171 Joint MOTION for Extension of Time to file responsive pleading by MARY A. GRACE (GRACE, MARY)
October 28, 2013 Opinion or Order MINUTE ORDER denying #171 Motion for Extension of Time, and denying #172 Motion for Extension of Time. Defendants' Motions for Extensions (ECF Nos. 171-72) are DENIED WITHOUT PREJUDICE for failure to comply with Local Civil Rule 7(m). Signed by Judge James E. Boasberg on 10/28/2013. (lcjeb4)
October 28, 2013 Opinion or Order MINUTE ORDER granting #176 Joint Motion for Extension of Time. It is hereby ORDERED that: (1) The deadline to designate expert witnesses and provide opposing counsel and any pro se party with all information specified in Fed. R. Civ. P. 26(a)(2) is extended from November 1, 2013, to December 16, 2013; (2) The deadline to designate all rebuttal experts and provide opposing counsel and any pro se party with all information specified in Fed. R. Civ. P. 26(a)(2) is extended from November 15, 2013, to December 30, 2013; (3) The deadline to designate all sur-rebuttal experts and provide opposing counsel and any pro se party with all information specified in Fed. R. Civ. P. 26(a)(2) is extended from December 1, 2013, to January 15, 2014; (4) The deadline to complete all expert witness discovery is extended from December 20, 2013, to February 5, 2014; and (5) The Status Conference previously scheduled for January 7, 2014, will now be held on February 24, 2014, at 9:30 a.m. in Courtroom 19. Signed by Judge James E. Boasberg on 10/28/2013. (lcjeb4) Modified on 10/29/2013 to correct the deadline date to designate expert witnesses (ad).
October 28, 2013 Opinion or Order MINUTE ORDER denying #173 Motion for Extension of Time to Answer and #174 Addendum. Given that the SEC's Amended Complaint contains no new allegations regarding Defendant Rowen, his Motion for Extension is DENIED. Signed by Judge James E. Boasberg on 10/28/2013. (lcjeb4)
October 24, 2013 Opinion or Order Filing 170 MEMORANDUM OPINION AND ORDER granting #137 Motion to Compel. The Court ORDERS that the SEC's Motion to Compel is GRANTED, and Grace shall produce by November 20, 2013, all bank records for bank accounts in her name or in which she had a legal or beneficial interest for the period from January 1, 2000, through the date of this Order. Signed by Judge James E. Boasberg on 10/24/2013. (lcjeb4) Modified on 10/24/2013 to include Memorandum Opinion and Order (ad).
October 24, 2013 Set/Reset Deadline: Defendant Grace shall produce by 11/20/2013, all bank records for bank accounts in her name or in which she had a legal or beneficial interest for the period from January 1, 2000, through the date of this Order. (ad)
October 22, 2013 Filing 169 First AMENDED COMPLAINT against E-SMART TECHNOLOGIES, INC., MARY A. GRACE, INTERMARKET VENTURES, INC., IVI SMART TECHNOLOGIES, INC., ROBERT J. ROWEN, TAMIO SAITO filed by U.S. SECURITIES AND EXCHANGE COMMISSION.(td, )
October 22, 2013 Filing 168 REPLY to opposition to motion re #137 First MOTION to Compel PRODUCTION OF GRACE BANK RECORDS Reply to Grace's Opposition filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Guido, Kenneth)
October 22, 2013 Opinion or Order Filing 167 MEMORANDUM OPINION AND ORDER granting #144 Motion to Amend/Correct. The Court hereby ORDERS that: (1) Plaintiff's Motion for Leave to File Amended Complaint is GRANTED; and (2) Plaintiff's Amended Complaint #144 is deemed FILED. Signed by Judge James E. Boasberg on 10/22/2013. (lcjeb4) Modified on 10/24/2013 to include Memorandum Opinion and Order (ad).
October 21, 2013 Filing 166 RESPONSE re #144 First MOTION to Amend/Correct #1 Complaint, Filed By Plaintiff SEC Defendant's Request for Clarification of the Court regarding Plaintiff's Reply to Defendants Opposition to Plaintiff's Motion for Leave to Amend Complaint filed by MARY A. GRACE. (Attachments: #1 Errata Response to the Court regarding Plaintiff's Reply to Defendant's Opposition to Plaintiff's Motion for Leave to File Amended Complaint)(GRACE, MARY)
October 21, 2013 NOTICE OF ERROR re #161 Errata; emailed to marygrace.esmart@gmail.com, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. FYI: Use the event Large Additional Attachments when filing large attachments to a document. There is no need to refile the main document when using this event. (td, ) Modified on 10/21/2013 (td, ).
October 19, 2013 Filing 165 ERRATA opposition Exhibit's omitted by MARY A. GRACE #144 First MOTION to Amend/Correct #1 Complaint, Filed By Plaintiff SEC filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Errata Counsel e-mail with final Board Minutes of July 7, 2007 approving financing agreements and proposals, etc., #2 Errata Board Minutes July 7, 2007 from counsel attachment, #3 Errata Counsel e-mail with corrected Board Minutes of Dec. 4, 2007, #4 Errata Counsel's corrected Board Minutes of Dec. 4, 2007, #5 Errata Counsel Memo to Auditors approving Opinion Loan and Compensation shares and valuation, #6 Errata Counsel e-mail with attachments approving Opinion Loan and Compensation shares and valuation, #7 Errata Counsel approved list of Opinion Loan shares to Lenders - attached to counsel's e-mail, #8 Errata Counsel letter to auditors explaining and approved Opinion Loan and Compensation shares and valuation - attached to counsel's e-mail, #9 Errata Counsel approved list of Compensation shares - attach to counsel's e-mail)(GRACE, MARY)
October 19, 2013 Filing 164 ERRATA Opposition Exhibit Additional lg. file - filed separately by MARY A. GRACE #144 First MOTION to Amend/Correct #1 Complaint, Filed By Plaintiff SEC filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Errata Exponent Test & Evaluation Report confirming e-Smart card claims accurate - Exponent tests smart cards for the US Department of Defense)(GRACE, MARY)
October 19, 2013 Filing 163 ERRATA Opposition Exhibits extra large files broken down into 3 parts by MARY A. GRACE #144 First MOTION to Amend/Correct #1 Complaint, Filed By Plaintiff SEC filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Errata Due Diligence Report Part 3 (of 3))(GRACE, MARY)
October 19, 2013 Filing 162 ERRATA Opposition Exhibits extra large files broken down into 3 parts by MARY A. GRACE #144 First MOTION to Amend/Correct #1 Complaint, Filed By Plaintiff SEC filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Errata Due Diligence Report Part 2 (of 3))(GRACE, MARY)
October 19, 2013 Filing 161 ERRATA Opposition and Objections omitted & Extra Large Exhibits Exhibits by MARY A. GRACE #144 First MOTION to Amend/Correct #1 Complaint, Filed By Plaintiff SEC filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Errata Counsel & Acting CFO Valuation and Approval of Opinion Loan Shares to Auditors, #2 Errata Due Diligence Report Part 1 (of 3))(GRACE, MARY)
October 18, 2013 Filing 160 REPLY to opposition to motion re #144 First MOTION to Amend/Correct #1 Complaint, Filed By Plaintiff SEC filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Declaration, #2 Exhibit)(Guido, Kenneth)
October 18, 2013 Filing 159 ERRATA Exhibits ommitted by filing error by MARY A. GRACE #144 First MOTION to Amend/Correct #1 Complaint, Filed By Plaintiff SEC filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Errata Board Minutes July 11, 2007 approving financing agreements and proposals - e-mail with final draft from counsel, #2 Errata Board Minutes July 11, 2007 approving financing agreements and proposals, #3 Errata Letter regarding loans from D.Borwick to COO Barrett, #4 Errata COO e-mail confirmation to deliver of 3000 cards August 2007, #5 Errata COO e-mail confirmation of Business Plan for immediate delivery of e-Smart cards in July 2007, #6 Errata COO Business Plan confirmation of immediate delivery of e-Smart cards - mass production in 4th qtr. Aug. 2007, #7 Errata Declaration of W. Drizin confirming delivery and contracts of e-Smart cards Aug. 2005, #8 Errata e-mail confirming Report made SEC 'like givin candy to a baby. Oh so sweet!' M.Gardiner -P.Douglass Oct. 2006, #9 Errata False and Misleading Report to SEC which began investigation into e-Smart Jan. 1, 2007 -)(GRACE, MARY)
October 17, 2013 NOTICE OF CORRECTED DOCKET ENTRY: re #157 Memorandum in Opposition was entered in error and has been refiled as docket entry no #158 . (td, )
October 16, 2013 Filing 158 Memorandum in opposition to re #144 First MOTION to Amend/Correct #1 Complaint, Filed By Plaintiff SEC Opposition and Objections with Exhibits filed by MARY A. GRACE. (Attachments: #1 Exhibit Washington Times Insight Magazine Cover Story on e-Smart Card, #2 Exhibit Worldwide Business Detail, #3 Exhibit Map of e-Smart Offices and IVI Labs worldwide, #4 Exhibit Financing - Robert Van Maasdijk, #5 Exhibit Financing -Imminent - Bintusa - B.Yaker, #6 Exhibit Financing - Brightside - Memo, #7 Exhibit Financing - Brightside - Royal Group UAE, #8 Exhibit Board Minutes 12-04-2007, #9 Exhibit Board Minutes 229-2008, #10 Exhibit Counsel Fritz Ratifies Approval of Opinion Loan Share Re-Issuance of Intermarket Owned shares 9-19=8-2007, #11 Exhibit 2005 10K Technology Description written by Waynd Drizin 3-06-2006)(GRACE, MARY)
October 16, 2013 Filing 157 ENTERED IN ERROR. . . . .Memorandum in opposition to re #144 First MOTION to Amend/Correct #1 Complaint, Filed By Plaintiff SEC Opposition and Objections filed by MARY A. GRACE. (GRACE, MARY) Modified on 10/17/2013 (td, ).
October 15, 2013 Minute Entry for proceedings held before Judge James E. Boasberg: Telephone Conference held on 10/15/2013. (Defendant Grace may oppose Plaintiff's Motion to Amend by 10/16/2013; and Plaintiff may file a Reply by 10/18/2013; Plaintiff may file a Reply to Grace's Opposition to its Motion to Compel #137 by 10/22/2013. (ad)
October 11, 2013 Filing 156 AFFIDAVIT Declaration of Mary Grace in Compliance with Court Order of Judge Boasberg of 9/27/2013 by MARY A. GRACE. (GRACE, MARY)
October 11, 2013 Filing 155 MOTION to Dismiss Case as Frivolous by MARY A. GRACE (Attachments: #1 Exhibit Exhibit 1 Exponent Report, #2 Exhibit Exhibit 21. World Wide Business Detail, #3 Exhibit Exhibit 24. Korea Gov. Project, #4 Exhibit Exhibit 3A. COO Business Plan Aug. 2007)(GRACE, MARY)
October 11, 2013 Filing 154 STRICKEN.....pursuant to the Minute Order filed on 10/11/2013 Memorandum in opposition to re #144 First MOTION to Amend/Correct #1 Complaint, Filed By Plaintiff SEC filed by MARY A. GRACE. (Attachments: #1 Exhibit Exponent Report, #2 Exhibit Worldwide Business Detail, #3 Exhibit Korea Project)(GRACE, MARY) Modified on 10/11/2013 (ad).
October 11, 2013 Opinion or Order MINUTE ORDER: Defendants' Memorandum #154 is hereby STRICKEN as violating LCvR 7(e)'s page limitation. Signed by Judge James E. Boasberg on 10/11/2013. (lcjeb4)
October 11, 2013 Opinion or Order MINUTE ORDER: The Court ORDERS that Defendants' Motion #155 is DENIED WITHOUT PREJUDICE for violating LCvR 7(e)'s page limitation. Signed by Judge James E. Boasberg on 10/11/2013. (lcjeb4)
October 11, 2013 Opinion or Order MINUTE ORDER: As discussed in today's discovery conference call held in open court, the Court ORDERS that: 1) Plaintiff may take the two requested depositions after the government shutdown concludes; 2) Defendant Grace may oppose Plaintiff's Motion to Amend by October 16, 2013, and Plaintiff may file a Reply by October 18, 2013; 3) Grace will deliver today to the SEC's Denver office the cards mentioned in the Court's Minute Order of September 27, 2013; 4) Plaintiff may file a Reply to Grace's Opposition to its Motion to Compel #137 by October 22, 2013; 5) Grace's oral Motion to Amend Protective Order is DENIED; 6) Grace's oral Motions to Compel responses are DENIED WITHOUT PREJUDICE for a failure to meet and confer; and 7) Grace's oral Motion for Sanctions for Spoliation is DENIED as without foundation. Signed by Judge James E. Boasberg on 10/11/2013. (lcjeb4)
October 9, 2013 Filing 153 RESPONSE re #144 First MOTION to Amend/Correct #1 Complaint, Filed By Plaintiff SEC filed by ROBERT J. ROWEN. (ROWEN, ROBERT)
October 2, 2013 Filing 152 RULE 26a1 STATEMENT. (GRACE, MARY)
October 1, 2013 Filing 151 RULE 26a1 STATEMENT. (GRACE, MARY)
September 30, 2013 Filing 150 RULE 26a1 STATEMENT. (GRACE, MARY)
September 27, 2013 Minute Entry for proceedings held before Judge James E. Boasberg: Telephone Conference held on 9/27/2013. (Court Reporter Lisa Griffith) (ad)
September 27, 2013 Opinion or Order MINUTE ORDER: As discussed in today's discovery conference call from chambers, the Court ORDERS that: 1) Defendant Grace shall produce the smart cards discussed in the call by October 11; 2) Any cards that are in Korea, she may produce by October 21 as long as she submits a sworn declaration by October 11 so indicating; 3) On the SEC's September 3, 2013, letter, Grace must either produce cards in categories 9 and 13-16 by the above deadlines or state under oath that she does not have them in her possession, custody, or control; 4) Any opposition to Plaintiff's Motion to Amend Complaint shall be filed by October 11; 5) As Grace has failed to produce any test results by September 24, as ordered in the Minute Order of August 23, she may not rely at trial on any test results other than those by Exponent; 6) Grace shall promptly submit letters to banks in South Korea and Switzerland (with copies to Plaintiff) that seek the production of bank records by October 21; and 7) A further discovery conference call will be held on October 11, 2013 at 2:00 p.m. The Court ORDERS that the parties shall jointly call Chambers at (202) 354-3300 at that time. Signed by Judge James E. Boasberg on 09/27/2013. (lcjeb4)
September 27, 2013 Set/Reset Deadlines/Hearings: Smart cards discussed in conference call of 9/27/2013 due by 10/11/2013; Cards that are in Korea due by 10/21/2013. A further Discovery Telephone Conference is scheduled for 10/11/2013 at 2:00 PM. (tg, )
September 25, 2013 Set/Reset Telephone Conference: A Conference Call is hereby set for 9/27/2013 at 11:00 AM in Chambers before Judge James E. Boasberg. The Court ORDERS that the parties shall jointly call Chambers at (202) 354-3300 at that time. (ad)
September 25, 2013 Opinion or Order MINUTE ORDER: A conference call is hereby set for Friday, 9/27/2013, at 11:00 a.m. to discuss a discovery dispute and possible motion for contempt, as well as the recently filed motion to amend the complaint. The Court ORDERS that the parties shall jointly call Chambers at (202) 354-3300 at that time. The call will be transcribed by a court reporter. Signed by Judge James E. Boasberg on 09/25/2013. (ad)
September 24, 2013 Filing 149 (LARGE ADDITIONAL ATTACHMENT). . . . .Memorandum in opposition to re #137 First MOTION to Compel PRODUCTION OF GRACE BANK RECORDS Additional Exhibits to Defendants Opposition and Objections to Plaintiffs Motion to Compel filed by MARY A. GRACE. (Attachments: #1 Exhibit Ex. 3 Pt. 1 to Declaration in Support of Defendants Opposition to Motion to Compel)(GRACE, MARY) Modified on 9/24/2013 (td, ).
September 24, 2013 Filing 148 (LARGE ADDITIONAL ATTACHMENT). . . . .Memorandum in opposition to re #137 First MOTION to Compel PRODUCTION OF GRACE BANK RECORDS additional exhibits to Opposition and Objection to Plaintiffs Motion to Compel filed by MARY A. GRACE. (Attachments: #1 Exhibit Ex. 1 to Dec. in Support of Defendants Opposition to Plaintiff Motion to Compel, #2 Exhibit Ex. 2 to Dec. in Support of Defendants Opposition to Plaintiff Motion to Compel)(GRACE, MARY) Modified on 9/24/2013 (td, ).
September 24, 2013 NOTICE OF ERROR re #144 Motion to Amend/Correct; emailed to guidok@sec.gov, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. On future filings the filing attorney and signing attorney should be the same person. (td, )
September 23, 2013 Filing 147 (LARGE ADDITIONAL ATTACHMENT). . . . .Memorandum in opposition to re #137 First MOTION to Compel PRODUCTION OF GRACE BANK RECORDS Declaration in Support of Opposition to Plaintiff's Motion to Compel filed by MARY A. GRACE. (Attachments: #1 Declaration Declaration in Support of Opposition to Plaintiff's Motion to CompelC)(GRACE, MARY) Modified on 9/24/2013 (td, ).
September 23, 2013 Filing 146 (LARGE ADDITIONAL ATTACHMENT). . . . .Memorandum in opposition to re #137 First MOTION to Compel PRODUCTION OF GRACE BANK RECORDS Additional Exhibits to Opposition and Objection to Plaintiffs Motion to Compel filed by MARY A. GRACE. (Attachments: #1 Exhibit Ex. 12. Testimony of Defendant Counsel During Relevant Period of Complaint)(GRACE, MARY) Modified on 9/24/2013 (td, ).
September 23, 2013 Filing 145 Memorandum in opposition to re #137 First MOTION to Compel PRODUCTION OF GRACE BANK RECORDS Opposition and Objections filed by MARY A. GRACE. (Attachments: #1 Exhibit Ex. 1 Defendants Response and Objections to Plaintiff's First Requests for Documents and Tangible Things, #2 Exhibit Ex. 2 Defendants Response and Objections to Plaintiff's First Set of Interrogatories, #3 Exhibit Ex. 3Defendants Hard Drive to Plaintiff Agreement, #4 Exhibit Ex. 7A. Defendants Response and Objections to Plaintiff's Second Requests for Documents and Materials, #5 Exhibit Ex. 8A. Bank of America Subpoena, #6 Exhibit Ex. 8B. Chase Bank Subpoena, #7 Exhibit Ex. 8C. PNC Bank Subpoena, #8 Exhibit Ex. 13 Photo Gallery of Worldwide Business Travel and Trade Shows, #9 Exhibit Ex. 14. Brightside International Project & Funding Brief Update, #10 Exhibit Ex. 15.R Van Maasdijk Funding memo, #11 Exhibit Ex. 16Bintusa-Yaker - Russo - Fritz funding memo, #12 Exhibit Ex. 7B. Defendants Response and Objection to Plaintiff Second Request for Documents - Exhibit B)(GRACE, MARY)
September 23, 2013 Filing 144 First MOTION to Amend/Correct #1 Complaint, Filed By Plaintiff SEC by U.S. SECURITIES AND EXCHANGE COMMISSION (Attachments: #1 Appendix)(Guido, Kenneth)
September 19, 2013 Filing 143 Emergency MOTION for Leave to File Motion to Grant Leave to File Emergency Motion for Modification and Enforcement of Protective Order by MARY A. GRACE (Attachments: #1 Memorandum in Support Memorandum in Support of Emergency Motion to Request Leave, #2 Declaration Declaration of Tamio Saito, #3 Text of Proposed Order Proposed Order)(GRACE, MARY)
September 19, 2013 Filing 142 Emergency MOTION for Leave to File Motion to Modify and Enforce Protective Order by MARY A. GRACE (Attachments: #1 Memorandum in Support Memorandum in Support of Motion to Request Leave, #2 Affidavit Declaration of Tamio Saito, #3 Text of Proposed Order Proposed Order)(GRACE, MARY)
September 19, 2013 Opinion or Order MINUTE ORDER: Defendants' Motions #142 & #143 are DENIED WITHOUT PREJUDICE for the same reasons set forth in the Court's first Minute Order of September 18, 2013. Signed by Judge James E. Boasberg on 09/19/2013. (lcjeb4)
September 18, 2013 Filing 141 Supplemental MOTION for Protective Order Additional Exhibits to Motion For Protective Order by MARY A. GRACE (Attachments: #1 Exhibit Ex. 7 Violation of Protective Order - Evidence)(GRACE, MARY)
September 18, 2013 Filing 140 Supplemental MOTION for Protective Order Additional Exhibits by MARY A. GRACE (Attachments: #1 Exhibit Exponent Report, #2 Exhibit Washington Times Article, #3 Exhibit Bio Tamio Saito, #4 Exhibit Proposed Modified Protective Order)(GRACE, MARY)
September 18, 2013 Filing 139 Amended MOTION for Protective Order by MARY A. GRACE (Attachments: #1 Memorandum in Support Memorandum in Support, #2 Text of Proposed Order Proposed Order, #3 Affidavit Declaration of Tamio Saito)(GRACE, MARY)
September 18, 2013 Opinion or Order MINUTE ORDER: Defendants' Supplemental Motion (ECF No. #141 ) is DENIED WITHOUT PREJUDICE for the same reasons. Signed by Judge James E. Boasberg on 09/18/2013. (lcjeb4)
September 18, 2013 Opinion or Order MINUTE ORDER: As Defendants well know by now, the Court does not permit discovery motions to be filed absent leave of Court. As a result, the Court ORDERS that Defendants' Motions (ECF Nos. #139 - #140 ) are DENIED WITHOUT PREJUDICE. Signed by Judge James E. Boasberg on 09/18/2013. (lcjeb4)
September 10, 2013 Filing 138 MEMORANDUM re #137 First MOTION to Compel PRODUCTION OF GRACE BANK RECORDS filed by U.S. SECURITIES AND EXCHANGE COMMISSION by U.S. SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Affidavit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit)(Guido, Kenneth)
September 10, 2013 Filing 137 First MOTION to Compel PRODUCTION OF GRACE BANK RECORDS by U.S. SECURITIES AND EXCHANGE COMMISSION (Attachments: #1 Text of Proposed Order)(Guido, Kenneth)
August 23, 2013 Minute Entry for proceedings held before Judge James E. Boasberg: Telephone Conference held on 8/23/2013. (If Plaintiff seeks Grace's individual bank records, it must file by 9/09/2013, a motion with the Court explaining why it is entitled to them; and Grace may file any opposition by 9/23/2013; Non-expert discovery shall be completed on or before 10/01/2013; Parties will designate all experts and produce their reports on or before 11/01/2013; Parties will designate all rebuttal experts and produce their reports on or before 11/15/2013; Parties will designate all sur-rebuttal experts and produce their reports on or before 12/01/2013; Expert discovery shall be completed on or before 12/20/2013). The Status Conference set for 12/02/2013 at 10:30 AM is hereby VACATED and RESCHEDULED for 1/07/2014 at 10:30 AM in Courtroom 19 before Judge James E. Boasberg. (ad)
August 23, 2013 Opinion or Order MINUTE ORDER: As discussed in today's discovery conference call: the Court ORDERS that: 1) On or before September 3, 2013, Plaintiff shall inform Defendant Grace of the specific smart cards it seeks; 2) Grace shall produce copies of such cards by September 17, 2013; 3) By September 24, 2013, Grace shall produce all documents relating to any testing of the smart cards (other than testing performed by Exponent); if she fails to do so, she may not rely at trial on any testing of the cards (other than by Exponent); 4) Grace shall produce by September 24, 2013, all bank account records for eSmart and eSmart Korea; 5) If Plaintiff seeks Grace's individual bank records, it must file by September 9, 2013, a motion with the Court explaining why it is entitled to them; and Grace may file any opposition by September 23, 2013; 6) The following discovery deadlines are extended as follows: Non-expert discovery shall be completed on or before 10/01/2013; Parties will designate all experts and produce their reports on or before 11/01/2013; Parties will designate all rebuttal experts and produce their reports on or before 11/15/2013; Parties will designate all sur-rebuttal experts and produce their reports on or before 12/01/2013; Expert discovery shall be completed on or before 12/20/2013; and 7) The Status Conference set for 12/02/2013 at 10:30 AM is hereby VACATED and RESCHEDULED for 1/7/2014 at 10:30 AM in Courtroom 19 before Judge James E. Boasberg. Signed by Judge James E. Boasberg on 8/23/13. (lcjeb4) Modified on 8/26/2013 to correct the Status Conference date (ad).
August 23, 2013 Minute Entry for proceedings held before Judge James E. Boasberg: Telephone Conference held on 8/23/2013. (ad)
August 19, 2013 Opinion or Order MINUTE ORDER: A conference call with the SEC and Defendant Grace will be held on August 23, 2013, at 2:30 p.m. to resolve outstanding discovery disputes. Parties shall call chambers at (202)354-3300 for this call. Signed by Judge James E. Boasberg on 8/19/13. (lcjeb4)
August 5, 2013 Filing 136 Second Supplemental RULE 26a1 STATEMENT. (ztnr, )
June 25, 2013 Set/Reset Deadlines/Hearings: Non-expert discovery shall be completed on or before 9/01/2013; Parties will designate all experts and produce their reports on or before 10/01/2013; Parties will designate all rebuttal experts and produce their reports on or before 10/15/2013; Parties will designate all sur-rebuttal experts and produce their reports on or before 11/01/2013; Expert discovery shall be completed on or before 11/20/2013. The Status Conference set for 9/10/2013 at 9:30 AM is hereby VACATED and RESCHEDULED for 12/02/2013 at 10:30 AM in Courtroom 19 before Judge James E. Boasberg. (ad)
June 24, 2013 Filing 135 Supplemental RULE 26a1 STATEMENT. (znmw, )
June 24, 2013 Filing 134 Mail Returned as undeliverable; Sent to TAMIO SAITO; Type of Document Returned: Copy of Minute Order filed on 5/02/2013 regarding conference call held on 5/02/2013; No forwarding address. (ad)
June 24, 2013 Filing 133 Mail Returned as undeliverable; Sent to TAMIO SAITO; Type of Document Returned: Copy of Minute Order filed on 4/25/2013 Denying as Moot Defendant's #116 Motion for Protective Order; No forwarding address. (ad)
June 24, 2013 Opinion or Order MINUTE ORDER: The Court hereby ORDERS that Ms. Grace shall supplement her responses to the SEC's First Set of Requests for Productions, consistent with the specific steps set forth in the June 18, 2013, Letter, signed by Ms. Grace and Mr. Guido. Furthermore, pursuant to the parties' agreement, the Court will extend the following deadlines: Non-expert discovery shall be completed on or before September 1, 2013; Parties will designate all experts and produce their reports on or before October 1, 2013; Parties will designate all rebuttal experts and produce their reports on or before October 15, 2013; Parties will designate all sur-rebuttal experts and produce their reports on or before November 1, 2013; Expert discovery shall be completed on or before November 20, 2013; and the Status Conference previously set for September 10, 2013, at 9:30 AM is hereby VACATED and RESCHEDULED for December 2, 2013, at 10:30 AM in Courtroom 19. Signed by Judge James E. Boasberg on 6/24/13. (lcjeb4)
June 14, 2013 Filing 132 Mail Returned as undeliverable; Sent to TAMIO SAITO; Type of Document Returned: Copy of Minute Order filed on 5/14/2013 modifying the dates set forth previously in a Minute Order issued on 5/8/13; No forwarding address. (ad)
June 14, 2013 Filing 131 Mail Returned as undeliverable; Sent to TAMIO SAITO; Type of Document Returned: Copy of Minute Order filed on 5/08/2013 regarding conference call held on 5/08/2013; No forwarding address. (ad)
June 14, 2013 Filing 130 Mail Returned as undeliverable; Sent to TAMIO SAITO; Type of Document Returned: Copy of Minute Order filed on 5/10/2013 denying Defendant Mary Grace's #21 Motion to Rescheduled Deposition; No forwarding address. (ad)
June 14, 2013 Filing 129 Mail Returned as undeliverable; Sent to TAMIO SAITO; Type of Document Returned: Copy of #118 Order filed on 5/07/2013; No forwarding address. (ad)
June 13, 2013 Minute Entry for proceedings held before Judge James E. Boasberg: Telephone Conference held on 6/13/2013. (ad)
June 6, 2013 Filing 128 LEAVE TO FILE DENIED- Defendants reply to Securities and Exchange Commission responses and objections to defendants fourth requests for production of documents "Leave to file DENIED, Discovery responses should not be filed with the Court" by Judge James E. Boasberg.Signed by Judge James E. Boasberg on 6/6/13. This document is unavailable as the Court denied its filing. (td, )
June 5, 2013 Filing 127 Mail Returned as undeliverable; Sent to TAMIO SAITO; Type of Document Returned: Copy of #87 Order filed on 2/20/2013; No forwarding address. (ad)
June 3, 2013 Set/Reset Deadline: On or before 6/04/2013, Defendant Grace will provide a redacted copy of her hospital discharge instructions to Plaintiff to prove her hospitalization. (ad)
May 31, 2013 Opinion or Order MINUTE ORDER: As discussed in today's discovery conference call from chambers, the Court ORDERS that: 1) On or before June 4, 2013, Defendant Grace will provide a redacted copy of her hospital discharge instructions to Plaintiff to prove her hospitalization, and 2) Ms. Grace's deposition is rescheduled for June 12-13, 2013. Signed by Judge James E. Boasberg on 5/31/13. (lcjeb4)
May 30, 2013 Filing 125 Mail Returned as undeliverable. Mail sent to Tamio Saito; Type of Documents Returned: Minute Orders entered on 4/23/2013 and 4/24/2013; New address: Unknown. (tg, ) Modified dates of orders on 5/30/2013 (tg, ).
May 30, 2013 Filing 124 Mail Returned as undeliverable. Mail sent to Tamio Saito; Type of Document Returned: Minute Order entered 4/22/2013; New address: Unknown. (tg, )
May 30, 2013 Filing 123 Mail Returned as undeliverable. Mail sent to Tamio Saito; Type of Document Returned: Minute Order entered 4/16/2013; New address: Unknown. (tg, )
May 29, 2013 Opinion or Order Filing 126 LEAVE TO FILE DENIED- Defendant's letter dated May, 29, 2013 ("Leave to file DENIED. Defendant needs a court order, she must file a motion").Signed by Judge James E. Boasberg on 5/31/13. This document is unavailable as the Court denied its filing. (td, )
May 16, 2013 Filing 122 LEAVE TO FILE DENIED- Defendants response and objections to plaintiff's responses and objections to defendants' first requests for production of documents "Leave to file DENIED, Discovery notices and responses should not be filed with the Court." Signed by Judge James E. Boasberg on 5/16/13. This document is unavailable as the Court denied its filing. (td, )
May 14, 2013 Opinion or Order MINUTE ORDER:Consistent with the parties' agreement, the Court ORDERS that the deposition of Defendant Grace will be held on May 30 & May 31, 2013, rather than on May 23 & 24, 2013. Additionally, the SEC shall have until May 15, 2013 to produce documents to Defendant Grace. This Minute Order modifies the dates set forth previously in a Minute Order issued on 5/8/13. Signed by Judge James E. Boasberg on 5/14/13. (lcjeb4)
May 13, 2013 Opinion or Order MINUTE ORDER:Consistent with the parties' agreement, the Court ORDERS that the deposition of Defendant Saito will be held on June 5, 2013, rather than on May 16, 2013, as previously stated in a Minute Order issued on 4/24/13. Signed by Judge James E. Boasberg on 5/13/13. (lcjeb4)
May 10, 2013 Opinion or Order MINUTE ORDER: The Court ORDERS that Defendant Mary Grace's #121 Motion to Reschedule Deposition is DENIED AS MOOT in light of the Court's Minute Order of May 8, 2013. Signed by Judge James E. Boasberg on 5/10/13. (lcjeb4)
May 8, 2013 Filing 121 MOTION to reschedule deposition of defendant by MARY A. GRACE (td, )
May 8, 2013 Opinion or Order MINUTE ORDER: As discussed in today's conference call from chambers with the SEC, Defendant Grace, and counsel for third-party Maranda Fritz, the Court ORDERS that: 1) Fritz's counsel will identify to the SEC by May 10, 2013 any documents it believes should not be produced to Grace; 2) The SEC by May 13, 2013 will send, by overnight mail, all discoverable documents (in electronic format or otherwise) to Grace; 3) Grace's deposition shall now be held on May 23-24, 2013; and 4) Grace shall provide all responses and documents by May 17, 2013 to the SEC's request for production of documents. Signed by Judge James E. Boasberg on 5/8/13. (lcjeb4)
May 7, 2013 Filing 120 Clerk's ENTRY OF DEFAULT pursuant to order filed 5/7/13 as to E-SMART TECHNOLOGIES, INC., INTERMARKET VENTURES, INC., IVI SMART TECHNOLOGIES, INC. (td, )
May 7, 2013 Filing 119 ENTERED IN ERROR.....CLERK'S JUDGMENT signed by Anjanie Desai, Deputy Clerk on 5/07/2013. (ad) Modified on 5/7/2013 (ad).
May 7, 2013 Opinion or Order Filing 118 ORDER: The SECs #114 Motion for Default Judgment is GRANTED IN PART and DENIED WITHOUT PREJUDICE IN PART; and the Clerk is directed to enter default against Defendants e-Smart Technologies, Inc., IVI Smart Technologies, Inc. (now known as e-Smart Technologies International, Inc.), and Intermarket Ventures Inc. Signed by Judge James E. Boasberg on 5/7/13. (lcjeb4)
May 7, 2013 NOTICE OF CORRECTED DOCKET ENTRY: re #119 Clerk's Judgment was entered in error because the wrong form was used. (ad)
May 2, 2013 Opinion or Order MINUTE ORDER: As discussed in today's conference call from chambers with the parties and counsel for third party Maranda Fritz, the Court ORDERS that: 1) The SEC shall produce to Defendant Grace all communications between it and Fritz while Fritz was acting as counsel for Defendants; 2) The SEC shall also produce to Defendant Grace Fritz's own Wells submission to the SEC, provided that Grace shall not publicly disseminate such submission. Grace may, however, cite or quote from the submission in pleadings in the current case. Signed by Judge James E. Boasberg on 5/2/13. (lcjeb4)
April 30, 2013 Filing 117 Mail Returned as undeliverable; Sent to TAMIO SAITO; Type of Document Returned: Copy of #88 Amended Memorandum Opinion and Order filed on 3/01/2013; No Forwarding Address. (ad)
April 29, 2013 Opinion or Order MINUTE ORDER: As agreed in today's conference call from chambers, the Court ORDERS that its Minute Order of April 22, 2013, is modified as follows: 1) Plaintiff is not required to commence the Marcello Soliven deposition tomorrow until the smart cards have arrived; and 2) At the deposition's conclusion, Plaintiff shall return the substrates and testing equipment to Soliven, rather than Grace on May 6, 2013. Signed by Judge James E. Boasberg on 4/29/13. (lcjeb4)
April 25, 2013 Opinion or Order MINUTE ORDER: As Defendant Saito's #116 Motion for Protective Order has been resolved by rescheduling his deposition, see Minute Order of April 24, 2013, the Court ORDERS that the Motion is DENIED AS MOOT. Signed by Judge James E. Boasberg on 4/25/13. (lcjeb4)
April 24, 2013 Opinion or Order MINUTE ORDER: Consistent with the parties' agreement, the Court ORDERS that the deposition of Defendant Saito will be held on May 16, 2013 at 10:00 a.m., rather than on April 26, 2013, as previously stated in a Minute Order issued on 4/22/13. Signed by Judge James E. Boasberg on 4/24/13. (lcjeb4)
April 23, 2013 Opinion or Order MINUTE ORDER: A conference call will be held on May 2, 2013, at 10:30 a.m. to discuss outstanding issues with respect to third party Maranda Fritz's request that the SEC not release to Defendants any documents related to her (previously referenced in a Minute Order dated 4/9/13). Counsel for Ms. Fritz shall provide Defendant Grace, the SEC, and the Court with a dial-in number for this call. Signed by Judge James E. Boasberg on 4/23/12. (lcjeb4)
April 22, 2013 Opinion or Order MINUTE ORDER: As discussed in today's discovery conference call from chambers, the Court ORDERS that: 1) The deposition of Defendant Saito will proceed as scheduled on April 26, 2013 unless changed by him and/or counsel; 2) The deposition of Defendant Grace will take place on May 13-14, 2013; 3) Defendant Grace shall return the smart cards to Marcello Soliven by April 30, 2013 so that he may be further deposed about them, provided that the SEC not retain such cards after his deposition, but permit him to retain them; and 4) The SEC shall return the substrates and testing equipment to Grace by May 6, 2013. Signed by Judge James E. Boasberg on 4/22/13. (lcjeb4)
April 19, 2013 Filing 116 MOTION for Protective Order, MOTION Permitting Rescheduling of Deposition by TAMIO SAITO (rdj)
April 19, 2013 Filing 115 RESPONSE re #112 First MOTION to Compel Answers to Interrogatories filed by TAMIO SAITO. (rdj)
April 18, 2013 Filing 114 First MOTION for Default Judgment as to by U.S. SECURITIES AND EXCHANGE COMMISSION (Attachments: #1 Text of Proposed Order)(Guido, Kenneth)
April 16, 2013 Opinion or Order MINUTE ORDER granting #113 Motion for CM/ECF Password subject to Defendant Grace's completion of CM/ECF Training as required by the Clerk of the Court. Signed by Judge James E. Boasberg on 4/16/13. (lcjeb4) Modified on 4/17/2013 to include the word Minute within the entry (ad).
April 15, 2013 Filing 113 MOTION for CM/ECF Password by MARY A. GRACE (td, )
April 15, 2013 Filing 112 First MOTION to Compel Answers to Interrogatories by U.S. SECURITIES AND EXCHANGE COMMISSION (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Guido, Kenneth)
April 15, 2013 Filing 111 First MOTION to Compel PRODUCTION OF DOCUMENTS by U.S. SECURITIES AND EXCHANGE COMMISSION (Attachments: #1 Exhibit)(Guido, Kenneth)
April 11, 2013 Set/Reset Deadlines: The discovery deadline is hereby extended to 7/01/2013; The SEC by 4/15/2013 shall submit a Motion to Compel Response to Interrogatory No. 4, in which Motion Plaintiff shall include Defendants' current response and explain why it is deficient; Defendants Grace and Saito may respond to such Motion by 4/19/2013. (ad)
April 11, 2013 Opinion or Order MINUTE ORDER: Defendants have filed a discovery motion (See #110 ). To the extent the Court addressed some of these issues in yesterday's hearing, the Court DENIES the Motion as moot. To the extent that these are new issues, the Court DENIES the Motion without prejudice. As Defendants know, the Court does not permit the filing of discovery motions without leave of Court after a conference call. Signed by Judge James E. Boasberg on 4/11/13. (lcjeb4)
April 10, 2013 Filing 108 LEAVE TO FILE DENIED- Defendants First Set of Requests for Production of Documents and Tangible Things to Plaingiff ("Discovery Should not be filed with the Court.").Signed by Judge James E. Boasberg on 4/8/13. This document is unavailable as the Court denied its filing. (td, )
April 10, 2013 Filing 107 LEAVE TO FILE DENIED- Letter to Mr. Kenneth J. Guido ("Discovery should not be filed with the Court.").Signed by Judge James E. Boasberg on 4/8/13. This document is unavailable as the Court denied its filing. (td, )
April 10, 2013 Opinion or Order MINUTE ORDER: As discussed in today's conference call from the courtroom among the SEC and pro se Defendants Grace and Saito, the Court ORDERS that: 1) As the corporate Defendants still have no counsel, the SEC may move for a default judgment against them; 2) The discovery deadline is hereby extended to July 1, 2013; 3) The SEC by April 15, 2013 shall submit a Motion to Compel Response to Interrogatory No. 4, in which Motion Plaintiff shall include Defendants' current response and explain why it is deficient; 4) Defendants Grace and Saito may respond to such Motion by April 19, 2013; 5) The SEC need not produce its attorneys for any deposition or their notes or communications until further notice by the Court; and 6) The SEC need not produce documents regarding Maranda Fritz until further notice of the Court. Signed by Judge James E. Boasberg on 4/10/13. (lcjeb4)
April 9, 2013 Filing 105 RESPONSE re #103 Civil Statement filed by U.S. SECURITIES AND EXCHANGE COMMISSION; (See docket entry no. #104 to view document) (td, )
April 9, 2013 Filing 104 MEMORANDUM by U.S. SECURITIES AND EXCHANGE COMMISSION. (Guido, Kenneth)
April 9, 2013 Opinion or Order MINUTE ORDER: As discussed in today's conference call from chambers with counsel for third party Maranda Fritz and Plaintiff, the Court ORDERS that the third-party's request that the SEC not release to Defendants any documents related to her is GRANTED until such time as the Court can convene a call with third party and all parties to the current suit. The merits will be revisited at that time. Signed by Judge James E. Boasberg on 4/9/13. (lcjeb4)
April 8, 2013 Filing 110 MOTION to extend discovery schedule, limit scope of discovery and quash and modify subpoenas duces tecum, stay and postpone depositions until thirty (30) days after production of documents demanded in defendant(s) first request for production of document to plaintiff and compel plaintiffs to comply with the instructions specified in the request for the production of documents and produce documents in electronic format Bates Stamped and Categorized, Produce the 2006 smart cards and certified experts test results which prove plaintiff's allegations in the complaint and compel plaintiff to produce documents and tangible things in compliance with the protective order and command third party production of complaince with the protective order, conduct meet and confer conferences via e-mail by MARY A. GRACE, TAMIO SAITO (td, )
April 8, 2013 Filing 109 LEAVE TO FILE DENIED- Defendants First Set of Requests for Production of Documents and Tangible Things to Plaingiff ("Discovery Should not be filed with the Court.").Signed by Judge James E. Boasberg on 4/8/13. This document is unavailable as the Court denied its filing. (td, )
April 8, 2013 Filing 106 LEAVE TO FILE DENIED- Notice of Defendants. ("This Document is duplicative of another filing."Signed by Judge James E. Boasberg on 4/8/13. This document is unavailable as the Court denied its filing. (td, )
April 8, 2013 Filing 103 Civil Statement from defendants; ("Leave to file GRANTED" by Judge James E. Boasberg). (td, )
April 1, 2013 Filing 102 NOTICE of Proposed Order by ROBERT J. ROWEN (ROWEN, ROBERT)
April 1, 2013 Filing 101 MOTION to Quash Deposition, MOTION to Continue Deposition, MOTION for Protective Order by ROBERT J. ROWEN (ROWEN, ROBERT). Added MOTION to Continue, MOTION for Protective Order on 4/1/2013 (zjf, ). Modified on 4/1/2013 (zjf, ).
April 1, 2013 Opinion or Order MINUTE ORDER: The Court ORDERS that Defendant Rowen's #101 Motion to Quash Deposition is DENIED WITHOUT PREJUDICE. The Court's Scheduling Order (ECF No. 63) sets forth the manner in which the Court resolves discovery disputes. Signed by Judge James E. Boasberg on 4/1/13. (lcjeb4)
March 18, 2013 Filing 100 RESPONSE IN OPPOSITION TO REQUEST FOR EXTENSION OF TIME AND ADDITONAL DISCOVERY filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Guido, Kenneth)
March 18, 2013 Filing 99 NOTICE regarding conference call scheduled for 3/20/13 by E-SMART TECHNOLOGIES, INC., MARY A. GRACE, INTERMARKET VENTURES, INC., IVI SMART TECHNOLOGIES, INC., TAMIO SAITO; ("Leave to file GRANTED") by Judge James E. Boasberg (td, )
March 18, 2013 Opinion or Order MINUTE ORDER: The Court construes pro se Plaintiffs' #99 March 18, 2013, letter as a motion for an extension of the discovery conference call. The Court ORDERS that such motion is DENIED. If Plaintiffs have indeed retained counsel by the time of the call, such counsel should appear by telephone and can make requests for extensions of time to respond to discovery. Signed by Judge James E. Boasberg on 3/18/13. (lcjeb4)
March 15, 2013 Filing 98 NOTICE by E-SMART TECHNOLOGIES, INC., MARY A. GRACE, INTERMARKET VENTURES, INC., IVI SMART TECHNOLOGIES, INC., TAMIO SAITO ; ("Leave to file GRANTED" by James E. Boasberg) (td, )
March 14, 2013 Filing 97 RESPONSE TO ORDER OF THE COURT re #80 Order on Motion to Withdraw as Attorney, filed by E-SMART TECHNOLOGIES, INC., MARY A. GRACE, INTERMARKET VENTURES, INC., IVI SMART TECHNOLOGIES, INC., TAMIO SAITO; ("Leave to file GRANTED") by James E. Boasberg (td, )
March 13, 2013 Filing 95 SEALED DOCUMENT (Exhibits B, C and D) filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (This document is SEALED and only available to authorized persons.)(ztd, )
March 13, 2013 Opinion or Order MINUTE ORDER: The Court's method of resolving discovery disputes was set forth in a Minute Order of April 4, 2012, and its #63 Scheduling Order. As Plaintiff's #93 Motion fails to comply, the Court ORDERS that it is DENIED WITHOUT PREJUDICE. Signed by Judge James E. Boasberg on 3/13/13. (lcjeb4)
March 13, 2013 Opinion or Order MINUTE ORDER: Plaintiff's #94 Motion to Seal Certain Documents Filed in Connection with its Motion to Compel is hereby GRANTED. The following documents shall be placed under seal: TS00001028, TS00000105, and TS00000075. Signed by Judge James E. Boasberg on 3/13/13. (lcjeb4)
March 12, 2013 Opinion or Order Filing 96 RESPONSE re #91 MOTION for Order filed by E-SMART TECHNOLOGIES, INC., MARY A. GRACE, INTERMARKET VENTURES, INC., IVI SMART TECHNOLOGIES, INC., TAMIO SAITO; ("Leave to file GRANTED") by Judge James E. Boasberg (td, )
March 12, 2013 Filing 94 NOTICE AND MOTION TO FILE EXHIBITS UNDER SEAL by U.S. SECURITIES AND EXCHANGE COMMISSION re #93 First MOTION to Compel Answers to Interrogatoris (Guido, Kenneth)
March 12, 2013 Filing 93 First MOTION to Compel Answers to Interrogatoris by U.S. SECURITIES AND EXCHANGE COMMISSION (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Text of Proposed Order)(Guido, Kenneth)
March 8, 2013 Opinion or Order Filing 92 (Letter) Memorandum in opposition to re #91 MOTION for Order filed by E-SMART TECHNOLOGIES, INC., MARY A. GRACE, IVI SMART TECHNOLOGIES, INC., TAMIO SAITO; ("Leave to file GRANTED" by Judge James E. Boasberg) (td, )
March 7, 2013 Opinion or Order Filing 91 MOTION for Order to seal documents #70 , #71 , #83 , #86 by MICHAEL GARDINER, WAYNE DRIZIN, RICHARD BARRETT, PATRICIA D. DOUGLASS (td, ) Modified to add "(Leave to file GRANTED" by Judge James E. Boasberg) on 3/7/2013 (td, ).
March 7, 2013 Opinion or Order MINUTE ORDER: Unrelated counsel has submitted #91 a letter to the Court asking it to seal documents referring to counsel's clients in another matter. The Court will treat the letter as a Motion to Seal. Given that the Motion neither establishes a basis for appearing in this case nor provides any authority whatsoever to support the request to seal, the Court ORDERS that the Motion is DENIED WITHOUT PREJUDICE. Signed by Judge James E. Boasberg on 3/7/13. (lcjeb4)
March 4, 2013 Filing 90 Letter from E-Smart defendants "Leave to file GRANTED" by Judge James Boasberg (td, )
March 4, 2013 Filing 89 LEAVE TO FILE DENIED- E-Smart defendants SEC Complaint. "Leave to file Denied" Signed by Judge James E. Boasberg on 3/4/13. This document is unavailable as the Court denied its filing. (td, )
March 1, 2013 Opinion or Order Filing 88 AMENDED MEMORANDUM OPINION AND ORDER: The Court has determined that its #28 Memorandum Opinion and Order contains errors in the Legal Standard section -- namely, that it sets forth the standard for subject-matter jurisdiction, rather than personal jurisdiction and venue. The Court will issue an Amended Memorandum Opinion and Order to correct this error. This correction in no way changes the analysis or outcome of the Opinion or otherwise affects the case. In fact, the only changes are to the Legal Standard section. The Court, accordingly, ORDERS that the attached Amended Memorandum Opinion and Order hereby replaces ECF No. 28.. Signed by Judge James E. Boasberg on 3/1/13. (lcjeb4)
February 20, 2013 Opinion or Order Filing 87 ORDER: Defendants' #83 request for an extension of time is GRANTED; on or before March 12, 2013, the individual Defendants shall have attorney(s) enter appearances on their behalf or, if they have not retained one, they must proceed pro se; and on or before the same date, the corporate Defendants shall have attorney(s) enter appearances on their behalf, or Plaintiff may move for the entry of default. Signed by Judge James E. Boasberg on 2/20/13. (lcjeb4)
February 20, 2013 Set/Reset Deadlines: Attorneys' entry of appearance due by 3/12/2013. (tg, )
February 19, 2013 Filing 86 Civil Statement from Defendants. "Leave to file GRANTED" by Judge James E. Boasberg (td, )
February 8, 2013 Filing 85 RESPONSE OPPOSITION TO #83 MOTION FOR EXTENSION OF TIME AND STAY OF PROCEEDINGS filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Exhibit, #2 Exhibit)(Guido, Kenneth) Modified to add linkage on 2/11/2013 (td, ).
February 4, 2013 Opinion or Order Filing 84 ORDER granting Defense Counsel's Motion for Leave to Withdraw following compliance with conditions set forth in #80 Order. Signed by Judge James E. Boasberg on 2/4/13. (lcjeb4)
February 4, 2013 Filing 83 Civil Statement from defendants E-Smart Technologies, Inc., E-Smart Technologies International, Inc., Intermarket Ventures, Inc., Mary Grace and Tamio Saito; "Leave to file Granted" by Judge Boasberg (td, )
January 24, 2013 Filing 82 NOTICE of Compliance with Court's Order dated January 3, 2013 Granting Leave to Withdraw Based on Certain Condition by E-SMART TECHNOLOGIES, INC., MARY A. GRACE, INTERMARKET VENTURES, INC., IVI SMART TECHNOLOGIES, INC., TAMIO SAITO re #80 Order on Motion to Withdraw as Attorney, (Attachments: #1 Text of Proposed Order)(Macphail, Michael)
January 4, 2013 Set/Reset Deadline: On or before 2/04/2013, the individual Defendants shall have attorney(s) enter appearances on their behalf or, if they have not retained one, provide notice to the Court and the SEC of their current email addresses where they may be contacted and served with pleadings; and On or before the same date, the corporate Defendants shall have attorney(s) enter appearances on their behalf or show cause why default should not be entered against them. (ad)
January 3, 2013 Filing 81 CERTIFICATE OF SERVICE by E-SMART TECHNOLOGIES, INC., MARY A. GRACE, INTERMARKET VENTURES, INC., IVI SMART TECHNOLOGIES, INC., TAMIO SAITO re #80 Order on Motion to Withdraw as Attorney, #69 Joint MOTION to Withdraw as Attorney . (Teppler, Steven)
January 3, 2013 Opinion or Order Filing 80 ORDER granting #69 Defense counsel's Motion to Withdraw, subject to the conditions set forth in the attached Order. Attorney Michael L. Levine; Michael R. Macphail; Steven W. Teppler; Frazer Walton, Jr; Christopher C. Cooke and Sarah L. Geiger terminated. Signed by Judge James E. Boasberg on 1/3/13. (lcjeb4)
December 26, 2012 Filing 79 REPLY to opposition to motion re #69 Joint MOTION to Withdraw as Attorney filed by E-SMART TECHNOLOGIES, INC., MARY A. GRACE, INTERMARKET VENTURES, INC., IVI SMART TECHNOLOGIES, INC., TAMIO SAITO. (Attachments: #1 Declaration Declaration of Michael McPhail, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F, #8 Exhibit Exhibit G, #9 Exhibit Exhibit H, #10 Exhibit Exhibit I, #11 Exhibit Exhibit J)(Teppler, Steven)
December 21, 2012 Filing 78 CERTIFICATE OF SERVICE by E-SMART TECHNOLOGIES, INC., MARY A. GRACE, INTERMARKET VENTURES, INC., IVI SMART TECHNOLOGIES, INC., TAMIO SAITO re #76 Reply to opposition to Motion, . (Macphail, Michael)
December 21, 2012 NOTICE OF CORRECTED DOCKET ENTRY: re #77 Reply to opposition to Motion, was entered in error at request of counsel, because it was a duplicate filing of DE #76 . (dr)
December 20, 2012 Filing 77 ENTERED IN ERROR.....REPLY to opposition to motion re #69 Joint MOTION to Withdraw as Attorney filed by E-SMART TECHNOLOGIES, INC., MARY A. GRACE, INTERMARKET VENTURES, INC., IVI SMART TECHNOLOGIES, INC., TAMIO SAITO. (Teppler, Steven) Modified on 12/21/2012 (dr).
December 20, 2012 Filing 76 REPLY to opposition to motion re #69 Joint MOTION to Withdraw as Attorney (Joint Reply to Grace and Saito Opposition) filed by E-SMART TECHNOLOGIES, INC., MARY A. GRACE, INTERMARKET VENTURES, INC., IVI SMART TECHNOLOGIES, INC., TAMIO SAITO. (Cooke, Christopher)
December 20, 2012 Filing 75 ERRATA FOR CERTIFICATED OF SERVICE by U.S. SECURITIES AND EXCHANGE COMMISSION #72 Response to motion filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Guido, Kenneth)
December 20, 2012 Filing 74 NOTICE EXHIBIT 1 TO GUIDO AFFIDAVIT by U.S. SECURITIES AND EXCHANGE COMMISSION re #73 Affidavit (Guido, Kenneth)
December 20, 2012 Filing 73 AFFIDAVIT of Kenneth J. Guido by U.S. SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Guido, Kenneth)
December 20, 2012 Filing 72 RESPONSE re #69 Joint MOTION to Withdraw as Attorney for Defendants filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Guido, Kenneth)
December 17, 2012 Filing 71 SUPPLEMENTAL MEMORANDUM to re #70 Memorandum in Opposition filed by E-SMART TECHNOLOGIES, INC., MARY A. GRACE, TAMIO SAITO. (td, )
December 13, 2012 Filing 70 Memorandum in opposition to re #69 Joint MOTION to Withdraw as Attorney filed by E-SMART TECHNOLOGIES, INC., MARY A. GRACE, INTERMARKET VENTURES, INC., IVI SMART TECHNOLOGIES, INC., TAMIO SAITO. (td, )
December 6, 2012 Filing 69 Joint MOTION to Withdraw as Attorney by E-SMART TECHNOLOGIES, INC., MARY A. GRACE, INTERMARKET VENTURES, INC., IVI SMART TECHNOLOGIES, INC., TAMIO SAITO (Attachments: #1 Text of Proposed Order Proposed Order Granting Renewed Joint Motion to Withdraw)(Teppler, Steven)
December 3, 2012 Opinion or Order MINUTE ORDER: Counsel for a number of Defendants have recently filed a #68 Joint Motion for Permission to Withdraw as Counsel. Although the Motion refers to LCvR 83.6(c), see id. at 2, it does not fully comply with the Rule. The Rule specifically requires such a motion to include a certificate stating that the withdrawing attorney has served his client with notice "advising the party to obtain other counsel, or, if the party intends to conduct the case pro se or to object to the withdrawal, to so notify the Clerk in writing within seven days of service of the motion." While this Motion mentions the first clause, it does not attest to the rest, which is a significant requirement. Perhaps the Motion's reference to the rule means the entire rule has been followed, but the Court does not know that from the contents of the Motion. The Court, accordingly, ORDERS that the Motion is DENIED WITHOUT PREJUDICE. Signed by Judge James E. Boasberg on 12/3/12.(lcjeb4)
November 26, 2012 Filing 68 Joint MOTION to Withdraw by E-SMART TECHNOLOGIES, INC., MARY A. GRACE, INTERMARKET VENTURES, INC., IVI SMART TECHNOLOGIES, INC., TAMIO SAITO (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion to Withdraw)(Teppler, Steven)
October 25, 2012 Set/Reset Deadlines/Hearings: Non-expert discovery shall be completed by 5/01/2013; Parties will designate all experts and provide opposing counsel and any pro se party with all information specified in Fed. R. Civ. P. 26(a)(2) on or before 7/03/2013; Parties will designate all rebuttal experts and provide opposing counsel and any pro se party with all information specified in Fed. R. Civ. P. 26(a)(2) on or before 8/07/2013; Parties will designate all sur-rebuttal experts and provide opposing counsel and any pro se party with all information specified in Fed. R. Civ. P. 26(a)(2) on or before 8/21/2013; and all expert witness discovery shall be completed by 8/28/2013. The Status Conference set for 7/09/2013 at 9:30 AM is hereby VACATED and RESCHEDULED for 9/10/2013 at 9:30 AM in Courtroom 19 before Judge James E. Boasberg. (ad)
October 24, 2012 Filing 67 Unopposed MOTION for Extension of Time to Complete Discovery and Modify Other Deadlines by U.S. SECURITIES AND EXCHANGE COMMISSION (Attachments: #1 Text of Proposed Order)(Guido, Kenneth)
October 24, 2012 Opinion or Order MINUTE ORDER: Plaintiff's #67 Unopposed Motion for Extension of Time to Complete Discovery is hereby GRANTED and the Status Conference set for July 9, 2013 is hereby VACATED and RESCHEDULED for September 10, 2013 at 9:30 a.m. in Courtroom 19 before Judge James E. Boasberg. Non-expert discovery shall be completed by May 1, 2013; Parties will designate all experts and provide opposing counsel and any pro se party with all information specified in Fed. R. Civ. P. 26(a)(2) on or July 3, 2013; Parties will designate all rebuttal experts and provide opposing counsel and any pro se party with all information specified in Fed. R. Civ. P. 26(a)(2) on or before August 7, 2013; Parties will designate all sur-rebuttal experts and provide opposing counsel and any pro se party with all information specified in Fed. R. Civ. P. 26(a)(2) on or before August 21, 2013; and all expert witness discovery shall be completed by August 28, 2013. Signed by Judge James E. Boasberg on 10/24/12. (lcjeb4)
July 6, 2012 Opinion or Order MINUTE ORDER: The Status Conference set for 7/09/2012 at 09:30 AM in Courtroom 19 is hereby VACATED and rescheduled for 7/13/2012 at 11:30 AM EST in Courtroom 19. If parties intend to appear telephonically, please contact chambers to provide the Court with counsel's dial-in information. Signed by Judge James E. Boasberg on 7/6/12. (lcjeb4) Modified on 7/6/2012 to correct the Hearing date (ad).
July 6, 2012 Set/Reset Hearings: The Status Conference set for 7/09/2012 at 9:30 AM is VACATED and RESCHEDULED for 7/13/2012 at 11:30 AM EST in Courtroom 19 before Judge James E. Boasberg. (ad)
July 6, 2012 Set/Reset Hearings: A Status Conference is set for 7/09/2013 at 09:30 AM in Courtroom 19 before Judge James E. Boasberg. (ad)
July 6, 2012 Opinion or Order AMENDED MINUTE ORDER vacating the Status Conference scheduled for 7/13/2012 and RESCHEDULING to the originally scheduled date of 7/09/2013 at 9:30 AM EST in Courtroom 19 before Judge James E. Boasberg. If parties intend to appear telephonically, please contact chambers to provide the Court with counsel's dial-in information. Signed by Judge James E. Boasberg on 7/06/2012. (ad)
June 28, 2012 Opinion or Order MINUTE ORDER: #66 Motion for Admission of Michael L. Levine to Appear Pro Hac Vice is hereby GRANTED. Signed by Judge James E. Boasberg on 6/28/12. (lcjeb4)
June 28, 2012 Opinion or Order MINUTE ORDER: As the Court has already ruled on the Motion concerning which Defendant wishes to file a Reply, the Court ORDERS that the #65 Motion for Leave to File Reply is DENIED as moot. Signed by Judge James E. Boasberg on 6/28/12. (lcjeb4) Modified on 6/29/2012 to include the document number within the entry (ad).
June 27, 2012 Filing 66 Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Michael Levine, :Firm- Levine & Associates, PC, :Address- 15 Barclay Road, Scarssdale NY 10583. Phone No. - 914.600.4288. Fax No. - 914.725.4778 by E-SMART TECHNOLOGIES, INC., MARY A. GRACE, INTERMARKET VENTURES, INC., IVI SMART TECHNOLOGIES, INC., TAMIO SAITO (Attachments: #1 Text of Proposed Order Proposed Order)(Teppler, Steven)
June 25, 2012 Filing 65 MOTION for Leave to File a reply to SEC's opposition with request for leave to file the reply out of time by ROBERT J. ROWEN (Attachments: #1 Exhibit Reply)(td, )
June 12, 2012 Filing 64 RULE 26a1 STATEMENT. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Guido, Kenneth)
June 6, 2012 Set/Reset Deadlines: Parties' Rule 26(a)(1) initial disclosures shall be filed on or before 6/12/2012; Motions, if any, for joinder of additional parties or to amend the pleadings shall be filed on or before 7/30/2012; Discovery shall be completed on or before 3/01/2013; Parties will designate all experts and provide opposing counsel and any pro se party with all information specified in Fed. R. Civ. P. 26(a)(2) on or before 5/03/2013; Parties will designate all rebuttal experts and provide opposing counsel and any pro se party with all information specified in Fed. R. Civ. P. 26(a)(2) on or before 6/07/2013; Parties will designate all sur-rebuttal experts and provide opposing counsel and any pro se party with all information specified in Fed. R. Civ. P. 26(a)(2) on or before 6/21/2013; Expert witness discovery shall be completed no later than 6/28/2013. (ad)
June 5, 2012 Opinion or Order Filing 63 SCHEDULING ORDER: Initial disclosures shall be filed on or before June 12, 2012 and non-expert discovery shall be completed by March 1, 2013. A status hearing is scheduled for July 9, 2013, at 9:30 a.m. in Courtroom 19. Signed by Judge James E. Boasberg on 6/5/12. (lcjeb4)
June 5, 2012 Minute Entry for proceedings held before Judge James E. Boasberg: Initial Scheduling Conference held on 6/5/2012. Attorneys Frazer Walton, Christopher Cooke, Steven Teppler, Michael Macphail, and Sarah Geiger appeared telephonically for the Initial Scheduling Conference. A Status Conference is set for 7/09/2013 at 09:30 AM in Courtroom 19 before Judge James E. Boasberg. (Court Reporter Lisa Griffith) (ad)
May 29, 2012 Filing 62 MEET AND CONFER STATEMENT -Rule 26(f) Report by Parties-- by E-SMART TECHNOLOGIES, INC., MARY A. GRACE, INTERMARKET VENTURES, INC., IVI SMART TECHNOLOGIES, INC., ROBERT J. ROWEN, TAMIO SAITO, U.S. SECURITIES AND EXCHANGE COMMISSION (Attachments: #1 Exhibit Exhibit A to Joint Report)(Cooke, Christopher) Modified event title on 5/30/2012 (znmw, ).
May 16, 2012 Opinion or Order MINUTE ORDER: At Defendants' request, and with consent of the SEC, counsel for Defendant corporations and counsel for Defendants Grace and Saito will be permitted to appear telephonically for the Initial Scheduling Conference set for 6/5/2012 at 10:00 a.m. Signed by Judge James E. Boasberg on 5/16/2012. (lcjeb3)
May 14, 2012 Opinion or Order Filing 61 PROTECTIVE ORDER: Defendants' #60 Unopposed Motion for Protective Order is GRANTED. Signed by Judge James E. Boasberg on 5/14/12. (lcjeb4) Modified on 5/15/2012 (ad).
May 12, 2012 Filing 60 Unopposed MOTION for Protective Order by E-SMART TECHNOLOGIES, INC., MARY A. GRACE, INTERMARKET VENTURES, INC., IVI SMART TECHNOLOGIES, INC., TAMIO SAITO (Attachments: #1 Text of Proposed Order Proposed Order)(Teppler, Steven)
May 2, 2012 Set/Reset Hearing: An Initial Scheduling Conference is set for 6/05/2012 at 10:00 AM in Courtroom 19 before Judge James E. Boasberg. (ad)
May 1, 2012 Opinion or Order MINUTE ORDER: An Initial Scheduling Conference is set for June 5, 2012, at 10:00 a.m. before Judge James E. Boasberg in Courtroom 19. The parties shall meet, confer, and submit a joint report pursuant to FRCP 26(f) and Local Rule 16.3. Signed by Judge James E. Boasberg on 5/1/12. (lcjeb4)
April 30, 2012 Filing 59 Amended ANSWER to #1 Complaint, with Jury Demand by E-SMART TECHNOLOGIES, INC., MARY A. GRACE, INTERMARKET VENTURES, INC., IVI SMART TECHNOLOGIES, INC., TAMIO SAITO.(td, )
April 30, 2012 Opinion or Order MINUTE ORDER: Defendants' #58 Unopposed Motion for Leave to File an Amended Answer is hereby GRANTED; Defendants' First Amended Joint Answer to Complaint and Jury Demand is deemed FILED. Signed by Judge James E. Boasberg on 4/30/12. (lcjeb4)
April 27, 2012 Filing 58 Unopposed MOTION for Leave to File Joint First Amended Answer and Jury Demand by E-SMART TECHNOLOGIES, INC., MARY A. GRACE, INTERMARKET VENTURES, INC., IVI SMART TECHNOLOGIES, INC., TAMIO SAITO (Attachments: #1 Exhibit Exhibit A - First Amended Joint Answer and Jury Demand, #2 Text of Proposed Order)(Teppler, Steven)
April 27, 2012 Filing 57 FINAL JUDGMENT: #56 Consent Motion for Judgment is GRANTED. Final Judgment as to Defendant Sobol and Final Judgment as to Defendant Wolkoff are attached. Signed by Judge James E. Boasberg on 4/27/12. (lcjeb4) Modified the title of document on 4/27/2012 (ad).
April 26, 2012 Filing 56 Consent MOTION for Judgment Against George Sobol and Kenneth Wolkoff by U.S. SECURITIES AND EXCHANGE COMMISSION (Attachments: #1 Sobol Consent, #2 Sobol Final Judgment, #3 Wolkoff Consent, #4 Wolkoff Final Judgment)(Guido, Kenneth)
April 24, 2012 Opinion or Order Filing 55 ORDER: Defendant Rowen's #52 Motion to Certify Appeal is DENIED; and Defendant Rowen's #51 Petition for Clarification is also DENIED. Signed by Judge James E. Boasberg on 4/24/12. (lcjeb4)
April 20, 2012 Filing 54 Memorandum in opposition to re #51 MOTION to Clarify, #52 MOTION for Certification for interlocatory appeal filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Text of Proposed Order)(Guido, Kenneth)
April 6, 2012 Filing 53 Memorandum in opposition to re #46 First MOTION to Strike #42 Answer to Complaint Affirmative Defenses filed by E-SMART TECHNOLOGIES, INC., MARY A. GRACE, INTERMARKET VENTURES, INC., IVI SMART TECHNOLOGIES, INC., TAMIO SAITO. (Teppler, Steven)
April 6, 2012 Opinion or Order MINUTE ORDER: #46 Plaintiff's Motion to Strike is DENIED WITHOUT PREJUDICE for failure to comply with LCvR 7(m). Signed by Judge James E. Boasberg on 4/6/2012. (lcjeb1)
April 5, 2012 Filing 52 MOTION for Certification for interlocatory appeal by ROBERT J. ROWEN (Attachments: #1 Text of Proposed Order)(rdj)
April 5, 2012 Filing 51 MOTION to Clarify #43 Order and #47 Order by ROBERT J. ROWEN (Attachments: #1 Text of Proposed Order)(rdj)
April 5, 2012 Filing 50 NOTICE of Unavailability by ROBERT J. ROWEN (rdj)
April 4, 2012 Filing 49 MOTION to Quash Subpoena by TAMIO SAITO (Attachments: #1 Memorandum in Support of Motion to Quash, #2 Text of Proposed Order (Proposed), #3 Exhibit Exhibit 1, #4 Exhibit Exhibit 2, #5 Exhibit Exhibit 3, #6 Exhibit Exhibit 4, #7 Exhibit Exhibit 5)(Teppler, Steven)
April 4, 2012 Opinion or Order MINUTE ORDER denying without prejudice #49 Motion to Quash. The Court advises the parties of the following procedure: In the event that a discovery dispute arises, the parties shall make a good faith effort to resolve or narrow the areas of disagreement. If the parties are unable to resolve the discovery dispute, the parties shall jointly call chambers at (202) 354-3300 before filing a discovery motion, at which time the Court will make a determination as to the manner in which it will handle the discovery dispute. Signed by Judge James E. Boasberg on 4/4/2012. (lcjeb1)
March 26, 2012 Filing 48 ANSWER to #1 Complaint, by ROBERT J. ROWEN.(td, )
March 26, 2012 Opinion or Order Filing 47 ORDER. The Court ORDERS that: 1) #45 Defendant Rowen's Motion to Stay is DENIED WITHOUT PREJUDICE; and 2) Defendant's Answer is deemed FILED. Signed by Judge James E. Boasberg on 3/26/2012. (lcjeb1)
March 23, 2012 Filing 46 First MOTION to Strike #42 Answer to Complaint Affirmative Defenses by U.S. SECURITIES AND EXCHANGE COMMISSION (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Guido, Kenneth)
March 16, 2012 Filing 45 MOTION to Stay pending appeal re #43 ORDER denying #34 Motion to Clarify by ROBERT J. ROWEN (Attachments: #1 Exhibit Alternative Answer, #2 Text of Proposed Order)(jf, )
March 9, 2012 Filing 44 LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by E-SMART TECHNOLOGIES, INC. (Walton, Frazer)
March 5, 2012 Opinion or Order Filing 43 ORDER denying #34 Motion to Clarify. Given his reconsideration filings, the Court will give Defendant until March 16, 2012, to file an Answer or risk the entry of default. Signed by Judge James E. Boasberg on 3/5/2012. (lcjeb1) Modified on 3/5/2012 to include defendant's answer deadline (ad).
March 5, 2012 Set/Reset Deadlines: The Court will give Defendant until 3/16/2012, to file an Answer or risk the entry of default. (ad)
March 2, 2012 Filing 42 ANSWER to #1 Complaint, with Jury Demand by E-SMART TECHNOLOGIES, INC., MARY A. GRACE, INTERMARKET VENTURES, INC., IVI SMART TECHNOLOGIES, INC., TAMIO SAITO.(Cooke, Christopher)
March 1, 2012 Filing 41 NOTICE of Appearance by Steven W. Teppler on behalf of All Defendants (Teppler, Steven) (Main Document 41 replaced on 3/2/2012) (znmw, ).
March 1, 2012 NOTICE OF ERROR re #40 Notice of Appearance; emailed to steppler@timecertain.com, cc'd 6 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect header/caption/case number, 2. Please refile document, 3. Document has the incorrect case number. Save the document as a pdf before filing. (td, )
February 29, 2012 Filing 40 NOTICE of Appearance by Steven W. Teppler on behalf of All Defendants (Teppler, Steven)
February 29, 2012 Set/Reset Deadlines: Defendants e-Smart, IVI, Intermarket, Grace, and Saito shall ANSWER or otherwise respond to Plaintiff's Complaint on or before 3/2/2012. (ad)
February 29, 2012 NOTICE OF ERROR re #36 Notice of Appearance; emailed to steppler@timecertain.com, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Document incomplete/illegible, 2. Please refile document, 3. Complete fillable document, save as a pdf and then file electronically. (td, )
February 29, 2012 Set/Reset Deadlines: Defendants Sobol and Wolkoff shall answer or otherwise respond to Plaintiff's Complaint on or before 4/27/2012. (ad)
February 29, 2012 Opinion or Order MINUTE ORDER granting #37 Consent Motion for Leave to Appear Pro Hac Vice for Attorney Christopher Cooke; and 39 Motion for Leave to Appear Pro Hac Vice for Attorneys Michael R. Macphail and Sarah L. Geiger. The Court ORDERS that Christopher C. Cooke is admitted to appear pro hac vice in this action as counsel for defendants e-Smart, IVI and Intermarket, and that Michael R. MacPhail and Sarah L. Geiger are admitted to appear pro hac vice in this action as counsel for defendants Mary Grace and Tamio Saito. Signed by Judge James E. Boasberg on 2/29/2012. (lcjeb1) Modified on 2/29/2012 to include document 39 (ad).
February 28, 2012 Filing 39 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Michael R. Macphail and Sarah L. Geiger, :Firm- FAEGRE BAKER DANIELS LLP, :Address- 1700 Lincoln Street, 3200 Wells Fargo Center, Denver, Colorado, 80203. Phone No. - (303) 607-3692. by E-SMART TECHNOLOGIES, INC., INTERMARKET VENTURES, INC., IVI SMART TECHNOLOGIES, INC; (See Docket entry no. #37 to view document) (td, )
February 28, 2012 Filing 38 Joint MOTION for Extension of Time to File Answer DEFENDANTS SOBOL AND WOLKOFF by U.S. SECURITIES AND EXCHANGE COMMISSION (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Guido, Kenneth)
February 28, 2012 Filing 37 Consent MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Christopher Cooke, :Firm- Cooke Kobrick & Wu, :Address- 177 Bovet Road, Suite 600, San Mateo, California 94402. Phone No. - 650-638-23707. by E-SMART TECHNOLOGIES, INC., MARY A. GRACE, INTERMARKET VENTURES, INC., IVI SMART TECHNOLOGIES, INC., ROBERT J. ROWEN, TAMIO SAITO, GEORGE SOBOL (Attachments: #1 Declaration Declaration f Christopher Cooke, #2 Declaration Declaration of Michael McPhail, #3 Declaration Declaration of Sarah Geiger, #4 Text of Proposed Order Proposed Order)(Teppler, Steven) Modified on 2/29/2012 to insert correct information(td, ).
February 28, 2012 Filing 36 ENTERED IN ERROR. . . . .NOTICE of Appearance by Steven W. Teppler on behalf of All Defendants (Teppler, Steven) Modified on 2/29/2012 (td, ).
February 28, 2012 Opinion or Order MINUTE ORDER granting #35 Motion for Extension of Time. The Court ORDERS that Defendants e-Smart, IVI, Intermarket, Grace, and Saito shall ANSWER or otherwise respond to Plaintiff's Complaint on or before March 2, 2012. Signed by Judge James E. Boasberg on 2/28/2012. (lcjeb1)
February 28, 2012 Opinion or Order MINUTE ORDER granting #38 Motion for Extension of Time. The Court ORDERS that Defendants Sobol and Wolkoff shall ANSWER or otherwise respond to Plaintiff's Complaint on or before April 27, 2012. Signed by Judge James E. Boasberg on 2/28/2012. (lcjeb1)
February 27, 2012 Filing 35 MOTION for Extension of Time to File Answer re #1 Complaint, by E-SMART TECHNOLOGIES, INC, INTERMARKET VENTURES, INC., MARY A. GRACE. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Walton, Frazer) Modified on 2/28/2012 to add filers(td, ).
February 17, 2012 Filing 34 MOTION to Clarify the court order denying motion for redonsideration by ROBERT J. ROWEN (td, )
February 9, 2012 Opinion or Order MINUTE ORDER: #32 Defendant Rowen's Motion for Access to E-Filing is GRANTED. Signed by Judge James E. Boasberg on 2/9/2012. (lcjeb1)
February 8, 2012 Filing 33 NOTICE of Unavailability by ROBERT J. ROWEN (See Docket Entry #32 to view document) (dr)
February 8, 2012 Filing 32 MOTION for Electronic Filing by ROBERT J. ROWEN (dr)
February 3, 2012 Opinion or Order MINUTE ORDER: #31 Motion for Reconsideration is DENIED. Signed by Judge James E. Boasberg on 2/3/2012. (lcjeb1)
January 9, 2012 Filing 30 SUPPLEMENTAL MEMORANDUM to re #29 MOTION for Extension of Time to filed by ROBERT J. ROWEN. (td, )
January 3, 2012 Filing 31 MOTION for Reconsideration re #28 Order on Motion to Dismiss by ROBERT J. ROWEN (td, )
December 29, 2011 Set/Reset Deadlines: Defendant Rowen's Answer due by 1/21/2012. (alp)
December 29, 2011 Opinion or Order MINUTE ORDER granting #29 Motion for Extension of Time to Answer. The Court ORDERS that Defendant Rowen shall file an Answer on or before January 21, 2012. Signed by Judge James E. Boasberg on 12/29/2011. (lcjeb1)
December 27, 2011 Filing 29 MOTION for Extension of Time by ROBERT J. ROWEN (td, )
December 13, 2011 Set/Reset Deadlines: Defendant Rowen shall file an Answer on or before 12/30/2011, or risk the entry of default. (ad)
December 12, 2011 Opinion or Order Filing 28 MEMORANDUM OPINION AND ORDER denying #3 Motion to Dismiss. The Court ORDERS that Defendant Rowen shall file an Answer on or before Dec. 30, 2011, or risk the entry of default. Signed by Judge James E. Boasberg on 12/12/2011. (lcjeb1)
December 6, 2011 Filing 27 NOTICE by U.S. SECURITIES AND EXCHANGE COMMISSION (Guido, Kenneth)
November 29, 2011 Opinion or Order MINUTE ORDER granting #25 Joint Motion for Extension of Time. The Court ORDERS that Defendants e-Smart, IVI, Intermarket, Grace, Sobol, and Wolkoff shall answer or otherwise respond to the Complaint in this action on or before February 28, 2012. Signed by Judge James E. Boasberg on 11/29/2011. (lcjeb1)
November 29, 2011 Opinion or Order MINUTE ORDER granting #26 Plaintiff's Motion for Order Authorizing the SEC to Seek Limited Discovery Prior to Rule 26(f) Planning Conference. The Court ORDERS that the SEC is hereby authorized to subpoena the Smart Card at issue in this litigation and the technology to evaluate its function, and take related testimony, before the Rule 26(f) conference. Signed by Judge James E. Boasberg on 11/29/2011. (lcjeb1)
November 29, 2011 Set/Reset Deadlines: Defendants e-Smart, IVI, Intermarket, Grace, Sobol, and Wolkoff shall answer or otherwise respond to the Complaint in this action on or before 2/28/2012. (ad)
November 28, 2011 Filing 26 First MOTION to Expedite, MOTION to Permit Issuance of Subpoena Before Rule 26(f) Conference by U.S. SECURITIES AND EXCHANGE COMMISSION (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Guido, Kenneth)
November 28, 2011 Filing 25 Second MOTION for Extension of Time to Respond to Complaint by U.S. SECURITIES AND EXCHANGE COMMISSION (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Guido, Kenneth)
November 15, 2011 Filing 24 Mail Returned as undeliverable; Sent to MARY A. GRACE; Type of Document Returned: Copy of Minute Order filed on 10/17/2011 ordering Plaintiff SEC and Defendant Rowen to submit Supplemental Memoranda; Resent at new address: P.O. Box 366 Boulder, CO 80306 (LOCATED ON THE RETURNED ADDRESS LABEL). (ad)
November 7, 2011 Filing 23 SUPPLEMENTAL MEMORANDUM on the applicability of SEC v. JOHNSON, 650 F.3d 710 (D.C. Cir 2011) filed by ROBERT J. ROWEN. (td, ) (Main Document 23 replaced on 11/9/2011) (td, ).
November 7, 2011 Filing 22 NOTICE of unavailability by ROBERT J. ROWEN (td, )
November 4, 2011 Filing 21 SUPPLEMENTAL MEMORANDUM to re Order, Order on Motion for Extension of Time to, filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Notice of Filing, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Guido, Kenneth)
October 25, 2011 Filing 20 NOTICE OF MAILING: A copy of the Minute Order entered on 10/25/2011 was mailed by first class mail to those individuals named in the attached document. (tg, )
October 25, 2011 Filing 19 Joint MOTION for Extension of Time to File Supplemental Memorandum by U.S. SECURITIES AND EXCHANGE COMMISSION (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Guido, Kenneth)
October 25, 2011 Opinion or Order MINUTE ORDER granting #19 Joint Motion for Extension of Time. The Court ORDERS that Plaintiff and Defendant Rowen shall file their supplemental memoranda addressing venue on or before November 4, 2011. Signed by Judge James E. Boasberg on 10/25/2011. (lcjeb1)
October 25, 2011 Set/Reset Deadlines: Supplemental Memoranda addressing venue due by 11/4/2011. (tg, )
October 17, 2011 Opinion or Order MINUTE ORDER: The Court ORDERS that on or before October 27, 2011, Plaintiff SEC and Defendant Rowen shall submit supplemental memoranda addressing the applicability of SEC v. Johnson, 650 F.3d 710 (D.C. Cir. 2011), to the question of venue. Signed by Judge James E. Boasberg on 10/17/2011. (lcjeb1)
October 17, 2011 Set/Reset Deadlines: Plaintiff SEC and Defendant Rowen shall submit supplemental memoranda addressing the applicability of SEC v. Johnson, 650 F.3d 710 (D.C. Cir. 2011), to the question of venue on or before 10/27/2011. (ad)
September 23, 2011 Opinion or Order MINUTE ORDER granting #18 Joint Motion for Extension of Time. The Court ORDERS that Defendants e-Smart Technologies, Inc., IVI Smart Technologies, Inc., Intermarket Ventures, Inc., Mary A. Grace, George Sobol, and Kenneth A. Wolkoff, shall answer or otherwise repond to Plaintiff's Complaint on or beore November 28, 2011. Signed by Judge James E. Boasberg on 9/23/2011. (lcjeb1)
September 23, 2011 Set/Reset Deadlines: Defendants e-Smart Technologies, Inc., IVI Smart Technologies, Inc., Intermarket Ventures, Inc., Mary A. Grace, George Sobol, and Kenneth A. Wolkoff, shall answer or otherwise repond to Plaintiff's Complaint on or beore 11/28/2011. (ad)
September 22, 2011 Filing 18 Joint MOTION for Extension of Time to Respond to Complaint by U.S. SECURITIES AND EXCHANGE COMMISSION (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Guido, Kenneth)
August 31, 2011 Opinion or Order MINUTE ORDER granting #17 Motion for Reconsideration. Defendant Rowen's #15 Reply is deemed timely filed. Signed by Judge James E. Boasberg on 8/31/2011. (lcjeb1)
August 29, 2011 Filing 17 MOTION for Reconsideration #13 Motion for additional time under Rule 6(b)91)(A) by ROBERT J. ROWEN (td, )
August 25, 2011 Set/Reset Deadlines: Defendants Grace, Sobol, and Wolfoff's answer to the complaint due by 9/26/2011. (tg, )
August 25, 2011 Opinion or Order MINUTE ORDER granting #16 Motion for Extension of Time. The Court ORDERS that Defendants Grace, Sobol, and Wolkoff shall answer or otherwise respond to the SEC's Complaint on or before September 26, 2011. Signed by Judge James E. Boasberg on 8/25/2011. (lcjeb1)
August 24, 2011 Filing 16 First MOTION for Extension of Time to for Defendants Grace, Sobol and Wolkoff to Answer or Otherwise Respond to Complaint filed by U.S. SECURITIES AND EXCHANGE COMMISSION (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Guido, Kenneth)
August 22, 2011 Filing 15 REPLY to opposition to re #3 MOTION to Dismiss filed by ROBERT J. ROWEN. (jf, )
August 22, 2011 Filing 14 NOTICE to the Court by ROBERT J. ROWEN (jf, )
August 22, 2011 Opinion or Order MINUTE ORDER denying #13 Motion for Extension of Time to File Response/Reply, without prejudice, for failure to comply with Local Civil Rule 7(m). Signed by Judge James E. Boasberg on 8/22/2011. (lcjeb1)
August 16, 2011 Filing 13 MOTION for Extension of Time to File Response/Reply as to #3 MOTION to Dismiss by ROBERT J. ROWEN (td, )
August 10, 2011 Set/Reset Deadlines: Defendant shall file any reply in support of his Motion to Dismiss on or before 8/12/2011. (ad)
August 9, 2011 Filing 12 Memorandum in opposition to re #11 MOTION for Extension of Time to Consenting to Enlargement of Time filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Guido, Kenneth)
August 9, 2011 Opinion or Order MINUTE ORDER granting #11 Motion for Extension of Time. The Court ORDERS that Defendant shall file any reply in support of his Motion to Dismiss on or before August 12, 2011. In future, the Court expects Defendant to comply with Local Civil Rule 7(m) before filing any non-dispositive motion. Signed by Judge James E. Boasberg on 8/9/2011. (lcjeb1)
August 8, 2011 Filing 11 MOTION for Extension of Time under Rule 6(b)(1)(A) by ROBERT J. ROWEN (td, )
July 25, 2011 Filing 10 Memorandum in opposition to re #3 MOTION to Dismiss Memorandum of Law In Opposition to Robert Rowen's Motion to Dismiss filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Text of Proposed Order)(Guido, Kenneth)
July 19, 2011 Set/Reset Deadlines: (td, )
July 19, 2011 Filing 9 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. Kenneth A. Wolkoff erved on 5/21/2011, answer due 7/19/2011 (Guido, Kenneth) Modified on 7/20/2011 to correct party served (td, ).
July 19, 2011 Filing 8 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. GEORGE SOBOL served on 5/20/2011, answer due 7/19/2011 (Guido, Kenneth) Modified on 7/20/2011 to correct party served (td, ). Modified on 9/23/2011 (ad)
July 19, 2011 Filing 7 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed.ROBERT J. ROWEN served on 6/28/2011, answer due 7/19/2011 (Guido, Kenneth) Modified on 7/20/2011 to correct party served (td, ).
July 18, 2011 Set/Reset Deadlines: Defendants e-Smart Technologies, Inc., IVI Smart Technologies, Inc., and Intermarket Ventures, Inc., to answer or otherwise respond to Plaintiff's Complaint, and Orders that the aforementioned Defendants shall answer or otherwise respond to Plaintiff's Complaint by 9/26/2011. (ad)
July 15, 2011 Filing 6 WAIVER OF SERVICE by U.S. SECURITIES AND EXCHANGE COMMISSION. MARY A. GRACE waiver sent on 6/8/2011, answer due 8/7/2011. (Guido, Kenneth)
July 15, 2011 Filing 5 STIPULATION EXTENDING TIME TO ANSWER by U.S. SECURITIES AND EXCHANGE COMMISSION. (Guido, Kenneth)
July 15, 2011 Filing 4 WAIVER OF SERVICE by U.S. SECURITIES AND EXCHANGE COMMISSION. E-SMART TECHNOLOGIES, INC. waiver sent on 5/27/2011, answer due 7/26/2011; INTERMARKET VENTURES, INC. waiver sent on 5/27/2011, answer due 7/26/2011; IVI SMART TECHNOLOGIES, INC. waiver sent on 5/27/2011, answer due 7/26/2011. (Guido, Kenneth)
July 15, 2011 Opinion or Order MINUTE ORDER: The Court GRANTS the parties' request to extend the time for Defendants e-Smart Technologies, Inc., IVI Smart Technologies, Inc., and Intermarket Ventures, Inc., to answer or otherwise respond to Plaintiff's Complaint, and ORDERS that the aforementioned Defendants shall answer or otherwise respond to Plaintiff's Complaint by September 26, 2011. Any further extension requests must be made by motion to the Court (consent or otherwise), not by stipulation. Signed by Judge James E. Boasberg on 7/15/2011. (lcjeb1)
July 8, 2011 Filing 3 MOTION to Dismiss by ROBERT J. ROWEN (td, )
July 5, 2011 Filing 2 NOTICE of Appearance by Kenneth John Guido, Jr on behalf of U.S. SECURITIES AND EXCHANGE COMMISSION (Guido, Kenneth)
May 16, 2011 Summons (8) Issued as to E-SMART TECHNOLOGIES, INC., MARY A. GRACE, INTERMARKET VENTURES, INC., IVI SMART TECHNOLOGIES, INC., ROBERT J. ROWEN, TAMIO SAITO, GEORGE SOBOL, KENNETH A. WOLKOFF. (jf, )
May 13, 2011 Filing 1 COMPLAINT against E-SMART TECHNOLOGIES, INC., MARY A. GRACE, INTERMARKET VENTURES, INC., IVI SMART TECHNOLOGIES, INC., ROBERT J. ROWEN, TAMIO SAITO, GEORGE SOBOL, KENNETH A. WOLKOFF (Filing fee $ 0.00) filed by U.S. SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Civil Cover Sheet)(jf, )

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 District Of Columbia District Court's Electronic Court Filings (ECF) System

Search for this case: U.S. SECURITIES AND EXCHANGE COMMISSION v. E-SMART TECHNOLOGIES, INC. et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: TAMIO SAITO
Represented By: Michael L. Levine
Represented By: Michael R. Macphail
Represented By: Sarah L. Geiger
Represented By: Steven William Teppler
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: E-SMART TECHNOLOGIES, INC.
Represented By: Michael L. Levine
Represented By: Frazer Walton, Jr.
Represented By: Christopher C. Cooke
Represented By: Steven William Teppler
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: GEORGE SOBOL
Represented By: Steven William Teppler
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: KENNETH A. WOLKOFF
Represented By: Steven William Teppler
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: INTERMARKET VENTURES, INC.
Represented By: Michael L. Levine
Represented By: Christopher C. Cooke
Represented By: Steven William Teppler
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: IVI SMART TECHNOLOGIES, INC.
Represented By: Michael L. Levine
Represented By: Christopher C. Cooke
Represented By: Steven William Teppler
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: ROBERT J. ROWEN
Represented By: Christina Maria Heischmidt
Represented By: Anthony V. Diosdi
Represented By: Joseph M. Bray
Represented By: Steven William Teppler
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: MARY A. GRACE
Represented By: Michael L. Levine
Represented By: Michael R. Macphail
Represented By: Sarah L. Geiger
Represented By: Steven William Teppler
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Interested party: MICHAEL GARDINER
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Interested party: RICHARD BARRETT
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Interested party: WAYNE DRIZIN
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Interested party: PATRICIA D. DOUGLASS
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: U.S. SECURITIES AND EXCHANGE COMMISSION
Represented By: Daniel Joseph Maher
Represented By: Matthew P. Cohen
Represented By: Kenneth John Guido, Jr.
Represented By: Frederick L. Block
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

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.


Why Is My Information Online?