Commodity Futures Trading Commission v. Oasis International Group, Limited et al
| Commodity Futures Trading Commission |
| Lagoon Investments, Inc, Oasis International Group, Limited, Bowling Green Capital Management, LLC, 4Oaks, LLC, Satellite Holdings Company, Michael J. Dacorta, Raymond P. Montie, III, 4064 Founders Club Drive, LLC, Joseph S. Anile, II, Roar of the Lion Fitness, LLC, 6922 Lacantera Circle, LLC, 13318 Lost Key Place, LLC, Mainstream Fund Services, Inc, John J. Haas, Francisco "Frank" L. Duran, 444 Gulf of Mexico Drive, LLC and Oasis Management, LLC |
| United States of America |
| Burton W. Wiand and Peter J. Grilli |
| 8:2019cv00886 |
| April 15, 2019 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Sean P Flynn |
| Securities/Commodities |
| None |
Docket Report
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Filing 170
RESPONSE re #165 Reply to Response to Motion Defendants Sur-Reply t Ptfs Reply in Further Support of Motion for Prelim Injunction filed by John J. Haas, Satellite Holdings Company. (Phillips, A.)
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Filing 169
REPLY to Response to Motion re #4 MOTION for temporary restraining order MOTION for preliminary injunction SUR-REPLY filed by Raymond P. Montie, III. (Attachments: #1 Exhibit A - Transcript of Oasis Call on May 21, 2018)(Citro, Vincent)
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Filing 168
SUPPLEMENT Summary of Frozen Assets by Commodity Futures Trading Commission. (Attachments: #1 Exhibit)(Chapin, Jennifer)
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Filing 167
ENDORSED ORDER: For the reasons stated on the record at the hearing conducted on July 2, 2019, the United States of America's request to intervene in this action (Doc. #148) is granted. However, the Court defers ruling on the United States' other requests in its Motion to Intervene (Doc. #148) and Motion to Stay (Doc. #149) until there is a resolution of the Commodity Futures Trading Commission's pending Motion for Preliminary Injunction. (Doc. #4). Signed by Judge Virginia M. Hernandez Covington on 7/3/2019. (DLB)
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Filing 166
Minute Entry. Proceedings held before Judge Virginia M. Hernandez Covington: MOTION HEARING held on 7/2/2019 re #121 Joint MOTION for miscellaneous relief, specifically Requesting a Track Three Designation filed by Commodity Futures Trading Commission. Court Reporter: Scott N. Gamertsfelder (TWL)
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Filing 165
REPLY to Response to Motion re #4 MOTION for temporary restraining order MOTION for preliminary injunction filed by Commodity Futures Trading Commission. (Attachments: #1 Exhibit 1 - Declaration of Burton W. Wiand, #2 Exhibit 1-A, #3 Exhibit 1-B, #4 Exhibit 1-C, #5 Exhibit 1-D, #6 Exhibit 1-E, #7 Exhibit 1-F, #8 Exhibit 1-G, #9 Exhibit 1-H, #10 Exhibit 1-I, #11 Exhibit 1-J, #12 Exhibit 1-K, #13 Exhibit 1-L, #14 Exhibit 1-M, #15 Exhibit 1-N, #16 Exhibit 2 - Declaration of Elsie Robinson)(Chapin, Jennifer)
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Filing 164
NOTICE of mediation conference/hearing to be held on July 9, 2019 at 1:30 before Peter J. Grilli, Esq. (Chapin, Jennifer)
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Filing 163
ENDORSED ORDER: The parties are directed to participate in mediation in an effort to resolve the issues discussed at the hearing conducted on July 2, 2019, specifically the parameters of the preliminary injunction. The Court appoints Peter J. Grilli, Esq., located at 3001 West Azeele Street, Tampa, Florida 36609, (813) 874-1002, as special mediator for this issue. The mediation conference is scheduled for July 9, 2019, at 1:30 p.m. Plaintiff Commodity Futures Trading Commission is directed to contact Mr. Grilli's office to finalize the mediation conference's scheduling. The Court expects that a notice is to be filed by the CFTC by noon on July 3, 2019, confirming the date and time of the mediation. The Court does not allow mediation by telephone or video conference. Personal attendance is required. See Local Rule 9.05(c). Signed by Judge Virginia M. Hernandez Covington on 7/2/2019. (DLB)
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Filing 162
ENDORSED ORDER: For the reasons stated on the record at the July 2 hearing, the joint motion requesting a track three case designation (Doc. #121) is denied. Signed by Judge Virginia M. Hernandez Covington on 7/2/2019. (DMD)
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Filing 161
RESPONSE in Opposition re #149 MOTION to stay Intervenor United States' Motion for Temporary Stay of all Proceedings, Including Staying Entry of a Case Management and Scheduling Order, to Prevent Harm to Federal Criminal Investigation and Memorandum of Law filed by John J. Haas, Satellite Holdings Company. (Attachments: #1 Exhibit A, #2 Exhibit B)(Phillips, A.)
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Filing 160
RESPONSE in Opposition re #149 MOTION to stay Intervenor United States' Motion for Temporary Stay of all Proceedings, Including Staying Entry of a Case Management and Scheduling Order, to Prevent Harm to Federal Criminal Investigation filed by Raymond P. Montie, III. (Attachments: #1 Exhibit WSJ Article - For Ponzi Victims, the Aftermath Is Long)(Citro, Vincent)
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Filing 159
RESPONSE in Opposition re #149 MOTION to stay Intervenor United States' Motion for Temporary Stay of all Proceedings, Including Staying Entry of a Case Management and Scheduling Order, to Prevent Harm to Federal Criminal Investigation filed by Mainstream Fund Services, Inc. (Vacco, Dennis)
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Filing 158
ENDORSED ORDER: Plaintiff Commodity Futures Trading Commission seeks leave to appear telephonically at the July 2, 2019, hearing. (Doc. #157). Multiple motions will be discussed at the hearing, and the Court has questions for the CFTC that will be challenging to address via telephone. While the Court favors conservation of government resources, the CFTC's physical appearance at the hearing is necessary. Accordingly, the CFTC's Motion to Appear Telephonically is denied. Signed by Judge Virginia M. Hernandez Covington on 6/28/2019. (DLB)
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Filing 157
Unopposed MOTION to Appear Telephonically on July 2, 2019 by Commodity Futures Trading Commission. (Chapin, Jennifer)
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Filing 155
Minute Entry. Proceedings held before Magistrate Judge Sean P. Flynn: MOTION HEARING held on 6/26/2019 re #146 MOTION for miscellaneous relief, specifically for Leave to File a Reply Brief in Further Support of its Motion for Preliminary Injunction filed by Commodity Futures Trading Commission. (DIGITAL) (EJC)
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Filing 154
ENDORSED ORDER ruling deferred #149 motion to stay. Oral argument is scheduled for July 2, 2019, at 9:00 am. Signed by Judge Virginia M. Hernandez Covington on 6/26/2019. (Covington, Virginia)
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Filing 153
ENDORSED ORDER ruling deferred #148 Motion to Intervene. The Court sets oral argument at the same time as the motion on docket entry # 121 will be heard--July 2, 2019, at 9:00 am. Signed by Judge Virginia M. Hernandez Covington on 6/26/2019. (Covington, Virginia)
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Filing 152
NOTICE OF RESCHEDULING HEARING: The preliminary injunction hearing previously scheduled for 7/1/2019 is rescheduled. New scheduling date and time:Motion Hearing set for 7/12/2019 at 11:00 AM in Tampa Courtroom 11 B before Magistrate Judge Sean P. Flynn. (CKR)
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Filing 151
ORDER granting #146 Plaintiff's Motion for Leave to File Reply Brief in Further Support of Its Motion for a Preliminary Injunction. See Order for details. Signed by Magistrate Judge Sean P. Flynn on 6/26/2019. (CKR)
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Filing 150
NOTICE of telephonic hearing on #146 Plaintiff's MOTION for Leave to File a Reply Brief in Further Support of its Motion for Preliminary Injunction.Telephonic Motion Hearing set for 6/26/2019 at 01:30 PM before Magistrate Judge Sean P. Flynn. (CKR)
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Filing 149
MOTION to stay Intervenor United States' Motion for Temporary Stay of all Proceedings, Including Staying Entry of a Case Management and Scheduling Order, to Prevent Harm to Federal Criminal Investigation by United States of America . (Bedke, Rachelle) Modified on 6/26/2019 (BES).
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Filing 148
MOTION to intervene United States' Application to Intervene to Move For A Temporary Stay of All Proceedings, Including Staying Entry of a Case Management and Scheduling Order, to Prevent Harm to Federal Criminal Investigation by United States of America . (Bedke, Rachelle) Modified on 6/26/2019 (BES).
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Filing 147
NOTICE of Appearance by Rachelle DesVaux Bedke on behalf of United States of America (Bedke, Rachelle) Modified on 6/26/2019 (BES).
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Filing 146
MOTION for miscellaneous relief, specifically for Leave to File a Reply Brief in Further Support of its Motion for Preliminary Injunction by Commodity Futures Trading Commission. (Chapin, Jennifer)
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Filing 145
ENDORSED ORDER granting Defendant Francisco Duran's Unopposed Motion for Extension of Time to File Response/Reply. (Doc. #140). Duran's response to the Amended Complaint is due by July 26, 2019. Signed by Judge Virginia M. Hernandez Covington on 6/24/2019. (DLB)
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Filing 144
ENDORSED ORDER granting in part and denying in part #137 Defendants John J. Haas' and Satellite Holdings Company's Motion for Clarification or, in the Alternative, Motion to Quash Deposition of Michael J. DaCorta. The Court clarifies that the deposition of Michael J. DaCorta is exempted from the number of depositions permitted by Rule 30, Fed. R. Civ. P. Defendants shall have another opportunity to conduct a deposition of DaCorta in addition to the deposition scheduled for June 27, 2019. The motion is otherwise denied. Signed by Magistrate Judge Sean P. Flynn on 6/24/2019. (CKR)
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Filing 143
RESPONSE in Opposition re #4 MOTION for temporary restraining order MOTION for preliminary injunction ; Motion to Dissolve or in the alternative, Modify the Receivership and Statutory Restraining Order filed by John J. Haas, Satellite Holdings Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Phillips, A.)
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Filing 142
RESPONSE in Opposition re #4 MOTION for temporary restraining order MOTION for preliminary injunction and MOTION to dissolve, or in the alternative modify, the recivership and statutory restraining order as it applies to Raymond P. Montie, III filed by Raymond P. Montie, III. (Attachments: #1 Exhibit A - Treasury Department Memorandum of Interview of MIchael DaCorta, #2 Exhibit B - Verified Complaint in 8:19-cv-908-T-02AEP Part 1, #3 Exhibit B - Verified Complaint in 8:19-cv-908-T-02AEP Part 2, #4 Exhibit C - Deb Cheslow Affidavit, #5 Exhibit D - Vinny Raia Affidavit, #6 Exhibit E - Robert Marchiony Affidavit, #7 Exhibit F - Lois Brunell Affidavit, #8 Exhibit G - Jason McKee Affidavit, #9 Exhibit H - Jay Sanborn Affidavit)(Citro, Vincent)
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Filing 141
CERTIFICATE of interested persons and corporate disclosure statement re 93 Order by Francisco "Frank" L. Duran. (Lerner, Allan)
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Filing 140
Unopposed MOTION for Extension of Time to File Response/Reply as to #110 Amended Complaint by Francisco "Frank" L. Duran. (Lerner, Allan)
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Filing 139
RESPONSE to Motion re #137 MOTION for clarification or, in the Alternative, Motion to Quash Deposition of Michael J. DaCorta filed by Burton W. Wiand. (Perez, Jared)
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Filing 138
ENDORSED ORDER granting #133 Motion. Signed by Magistrate Judge Sean P. Flynn on 6/21/2019. (Flynn, Sean)
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Filing 137
MOTION for clarification or, in the Alternative, Motion to Quash Deposition of Michael J. DaCorta by John J. Haas, Satellite Holdings Company. (Attachments: #1 Exhibit A)(Phillips, A.)
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Filing 136
ENDORSED ORDER granting Defendants John Haas and Satellite Holdings Company's Unopposed Motion for Extension of Time. (Doc. #134). Haas and Satellite's response to the Amended Complaint is due by July 26, 2019. Signed by Judge Virginia M. Hernandez Covington on 6/21/2019. (DLB)
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Filing 135
ENDORSED ORDER: The Receiver's Motion for miscellaneous relief, specifically to Retain Special Foreign Counsel in Belize (Doc. #133) is hereby referred to the Honorable Sean P. Flynn, United States Magistrate Judge, for disposition. Signed by Judge Virginia M. Hernandez Covington on 6/21/2019. (DLB) Motions referred to Magistrate Judge Sean P. Flynn.
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Filing 134
Unopposed MOTION for Extension of Time to File Response/Reply as to #110 Amended Complaint by John J. Haas, Satellite Holdings Company. (Phillips, A.)
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Filing 133
MOTION for miscellaneous relief, specifically to Retain Special Foreign Counsel in Belize by Burton W. Wiand. (Attachments: #1 Exhibit A - Biographical Information)(Perez, Jared)
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Filing 132
ENDORSED ORDER granting Raymond Montie's Unopposed Motion for Extension of Time. (Doc. #130). Montie's response to the Amended Complaint is due by July 26, 2019. Signed by Judge Virginia M. Hernandez Covington on 6/21/2019. (DLB)
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Filing 131
ENDORSED ORDER granting Defendant Francisco Duran's Unopposed Motion for Counsel to Appear Telephonically at Hearing on Tuesday, July 2, 2019. (Doc. #129). Counsel is directed to call the reserved conference toll free number at 1-888-684-8852. The access code to enter the telephone conference is: 2564072 followed by the # (pound) key. Counsel will then be prompted to enter the participant security code, followed by the # (pound) key. This conference will be activated at 8:50 a.m. so the conference may start promptly at 9:00 a.m. Counsel should contact courtroom deputy, Tamecika Lee at Tamecika_lee@flmd.uscourts.gov for the participant security code. Counsel is advised to use a landline in a quiet environment during the hearing. Signed by Judge Virginia M. Hernandez Covington on 6/21/2019. (DLB)
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Filing 130
Unopposed MOTION to extend time to file an answer or otherwise plead in response to the first amended complaint by Raymond P. Montie, III. (Citro, Vincent)
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Filing 129
MOTION to Appear Telephonically by Francisco "Frank" L. Duran. (Lerner, Allan)
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Filing 128
NOTICE of hearing on motion re #121 Joint MOTION for miscellaneous relief, specifically Requesting a Track Three Designation . Motion Hearing set for 7/2/2019 at 9:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington. (TWL)
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Filing 127
ENDORSED ORDER: Defendant Francisco Duran's Motion to Set Aside Clerk's Default states Plaintiff Commodity Futures Trading Commission does not oppose the relief requested. (Doc. #125). Because the Court prefers to resolve cases on the merits, Duran's Motion to Set Aside Clerk's Default is granted. The Clerk's entry of default is set aside. (Doc. #94). Duran's response to the Amended Complaint is due by July 1, 2019. Signed by Judge Virginia M. Hernandez Covington on 6/19/2019. (DLB)
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Filing 126
ENDORSED ORDER: The Clerk is directed to schedule a hearing on the Joint Motion Requesting a Track Three Case Designation (Doc. #121) for July 2, 2019, at 9:00 a.m. If out-of-town counsel are absolutely unable to travel to Tampa for the hearing, the Court will consider motions to appear telephonically. Signed by Judge Virginia M. Hernandez Covington on 6/19/2019. (DLB)
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Filing 125
MOTION to Set Aside Clerk's Default #70 Clerk's Entry of Default by Francisco "Frank" L. Duran. (Attachments: #1 Exhibit, #2 Exhibit)(Lerner, Allan)
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Filing 124
ENDORSED ORDER granting #116 Motion to Withdraw as Attorney. Attorney Jacob Vickers Stuart, Jr terminated. Signed by Magistrate Judge Sean P. Flynn on 6/19/2019. (Flynn, Sean)
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Filing 123
ENDORSED ORDER granting #115 Motion to Withdraw as Attorney. Attorney Christopher Robert Kaigle terminated. Signed by Magistrate Judge Sean P. Flynn on 6/19/2019. (Flynn, Sean)
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Filing 122
NOTICE of Appearance by Allan Lerner on behalf of Francisco "Frank" L. Duran (Lerner, Allan)
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Filing 121
Joint MOTION for miscellaneous relief, specifically Requesting a Track Three Designation by Commodity Futures Trading Commission. (Attachments: #1 Exhibit Case Management Report)(Chapin, Jennifer)
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Filing 120
CERTIFICATE of interested persons and corporate disclosure statement by Mainstream Fund Services, Inc identifying Corporate Parent Mainstream Fund Services, Inc for Mainstream Fund Services, Inc. (Allen, Scott)
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Filing 119
CERTIFICATE of interested persons and corporate disclosure statement re #26 Related case order and track 2 notice by Raymond P. Montie, III identifying Corporate Parent Raymond P. Montie for Raymond P. Montie III. (Horwitz, Mark)
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Filing 118
CERTIFICATE of interested persons and corporate disclosure statement by John J. Haas, Satellite Holdings Company. (Phillips, A.)
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Filing 117
ORDER: The Receiver's First Interim Motion for Order Awarding Fees, Costs, and Reimbursement of Costs to Receiver and His Professionals (Doc. #114) is hereby referred to the Honorable Sean P. Flynn, United States Magistrate Judge, for disposition. Signed by Judge Virginia M. Hernandez Covington on 6/17/2019. (DLB) Motions referred to Magistrate Judge Sean P. Flynn.
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Filing 116
Amended MOTION for Jacob Stuart to withdraw as attorney by Michael J. Dacorta. (Stuart, Jacob) Motions referred to Magistrate Judge Sean P. Flynn.
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Filing 115
Amended MOTION for Christopher Kaigle to withdraw as attorney by Michael J. Dacorta. (Stuart, Jacob) Motions referred to Magistrate Judge Sean P. Flynn.
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Filing 114
MOTION for Attorney Fees - First Interim by Burton W. Wiand. (Attachments: #1 Exhibit 1 - Standardized Accounting Report Form, #2 Exhibit 2 - Receiver's First Interim Report, #3 Exhibit 3 - CFTC Oasis Receivership - Receiver, #4 Exhibit 4 - Categorization and Summary of All Fees and Costs Incurred by WGK, #5 Exhibit 5 - Attorney Fee Schedule, #6 Exhibit 6 - CFTC Oasis Receivership - Legal Team, #7 Exhibit 7 - Kapila Mukamal, #8 Exhibit 8 - E-Hounds, Inc., #9 Exhibit 9 - The RWJ Group, LLC, #10 Exhibit 10 - Proposed Order, #11 Exhibit 11 - CFTC Billing Guidelines)(Perez, Jared)
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Filing 113
STATUS report Receiver's First Interim Report by Burton W. Wiand. (Attachments: #1 Exhibit A - Standardized Accounting Report Form)(Perez, Jared)
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Filing 112
ENDORSED ORDER granting #105 Motion. The Court approves (1) a Memorandum of Understanding (the "MOU") between the Receiver and the United States Marshals Service ("USMS"); (2) a Consent Forfeiture Agreement (the "Consent") between the Receiver and Department of Justice ("DOJ"); and (3) the plan for the liquidation of Receivership assets the Court directed the Receiver to prepare (the "Liquidation Plan"). This approval allow the Receiver to fulfill his mandate in an efficient and cost-effective manner by facilitating cooperation between interested parties and avoiding unnecessary litigation. Signed by Judge Virginia M. Hernandez Covington on 6/13/2019. (Covington, Virginia)
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Filing 111
ENDORSED ORDER: In light of Plaintiff Commodity Futures Trading Commission's Amended Complaint (Doc. #110), Defendant Raymond Montie's Motion to Dismiss (Doc. #58) is denied as moot. Signed by Judge Virginia M. Hernandez Covington on 6/13/2019. (DLB)
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Filing 110
AMENDED COMPLAINT against All Defendants filed by Commodity Futures Trading Commission.(Chapin, Jennifer)
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Filing 109
ENDORSED ORDER: On June 7, 2019, the Receiver filed its Motion to Approve Agreements Regarding Receivership Property, which included a Rule 3.01(g) certification stating the CFTC and nearly all the defendants and relief defendants do not oppose the relief requested. (Doc. # #105, #108). The Receiver must move forward to fulfill its mandate in an efficient and cost-effective manner. Therefore, any objections to the Receiver's Motion are due by tomorrow, June 12, 2019, before 5:00 PM. Signed by Judge Virginia M. Hernandez Covington on 6/11/2019. (DLB)
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Filing 108
NOTICE by Burton W. Wiand re #105 MOTION for miscellaneous relief, specifically to Approve Agreements Regarding Receivership Property and Liquidation Plan of filing Amendment to Local Rule 3.01(g) Certification (Perez, Jared)
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Filing 107
ENDORSED ORDER denying without prejudice #104 Motion to Withdraw as Attorney. The motion fails to state whether counsel provided his client and opposing counsel with ten days' notice, as required by Local Rule 2.03(b). Signed by Magistrate Judge Sean P. Flynn on 6/7/2019. (Flynn, Sean)
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Filing 106
ENDORSED ORDER denying without prejudice #102 Motion to Withdraw as Attorney. The motion fails to state whether counsel provided his client and opposing counsel with ten days' notice, as required by Local Rule 2.03(b). Signed by Magistrate Judge Sean P. Flynn on 6/7/2019. (Flynn, Sean)
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Filing 105
MOTION for miscellaneous relief, specifically to Approve Agreements Regarding Receivership Property and Liquidation Plan by Burton W. Wiand. (Attachments: #1 Exhibit A - Consent Forfeiture Agreement, #2 Exhibit B - Memorandum of Understanding, #3 Exhibit C - Liquidation Plan)(Perez, Jared)
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Filing 104
Unopposed MOTION for Jacob Stuart to withdraw as attorney by Michael J. Dacorta. (Stuart, Jacob) Motions referred to Magistrate Judge Sean P. Flynn.
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Filing 103
NOTICE by Burton W. Wiand of filing Liquidation Plan (Perez, Jared)
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Filing 102
Unopposed MOTION for Christopher Kaigle to withdraw as attorney by Michael J. Dacorta. (Stuart, Jacob) Motions referred to Magistrate Judge Sean P. Flynn.
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Filing 101
CERTIFICATE of interested persons and corporate disclosure statement re 93 Order by Commodity Futures Trading Commission. (Chapin, Jennifer)
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Filing 99
Minute Entry. Proceedings held before Magistrate Judge Sean P. Flynn: MOTION HEARING held on 6/6/2019 re #87 MOTION for miscellaneous relief, specifically to Approve Retention of Professionals filed by Burton W. Wiand. (DIGITAL) (EJC)
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Filing 98
ENDORSED ORDER granting #87 Motion. Signed by Magistrate Judge Sean P. Flynn on 6/6/2019. (Flynn, Sean)
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Filing 97
AFFIDAVIT of Andy MacDonald by Mainstream Fund Services, Inc. (Vacco, Dennis)
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Filing 96
NOTICE of Additional Counsel Appearance by Andrew C. Searle on behalf of John J. Haas, Satellite Holdings Company (Searle, Andrew)
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Filing 95
NOTICE of lis pendens by Burton W. Wiand (Feld, Eric)
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Filing 94
Clerk's ENTRY OF DEFAULT as to Oasis International Group, Limited (KMM)
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Filing 93
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by June 17, 2019, file a completed Case Management Report. This document can be found on Judge Covington's page of the Court's website at www.flmd.uscourts.gov. Please be advised that the Court's Case Management Report form is different from those used by other judges. Local Rule 3.05(c)(2)(E), M.D. Fla., explains that most track two cases, like the present case, "will be tried within one year after the filing of the complaint." To accomplish this goal, the Court believes that six to eight months is a sufficient period of time to conduct discovery. If the parties believe that more time than eight months will be needed to complete discovery, the parties should provide the Court with a detailed explanation as to why additional time is needed and a timeline for the discovery that is planned. The Court will then determine whether a Case Management Hearing is necessary before entry of a Case Management and Scheduling Order. Signed by Judge Virginia M. Hernandez Covington on 6/3/2019. (DLB)
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Filing 92
NOTICE of hearing on #87 Receiver's Motion to Approve Retention of Professionals set for 6/6/2019 at 3:30 PM in Tampa Courtroom 11 B before Magistrate Judge Sean P. Flynn. Counsel for Receiver must appear in person. Attendance by all other parties is optional and may be made in person or telephonically. A party may appear telephonically at the hearing by calling toll-free number 1-888-398-2342 on the day of the hearing and entering access code 1502064 followed by security code 190886 when prompted. (CKR)
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Filing 91
MOTION for entry of clerk's default against Oasis International Group, Limited by Commodity Futures Trading Commission. (Chapin, Jennifer) Motions referred to Magistrate Judge Sean P. Flynn.
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Filing 90
ORDER: The Receiver's Motion to Approve Retention of Professionals (Doc. #87) is hereby referred to the Honorable Sean P. Flynn, United States Magistrate Judge, for disposition. Signed by Judge Virginia M. Hernandez Covington on 6/3/2019. (DLB) Motions referred to Magistrate Judge Sean P. Flynn.
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Filing 89
ENDORSED ORDER: Plaintiff Commodity Futures Trading Commission's "Unopposed Motion for Extension of Time to Respond to Defendant Raymond P. Montie, III's Motion to Dismiss" requests an extension of time for the CFTC to not only respond to Montie's motion but also file an amended complaint. (Doc. #88). The CFTC explains that "[i]n response to Montie's Motion to Dismiss, the CFTC intends to file both a response in opposition and its First Amended Complaint." (Id. at 4). However, the filing of an amended complaint will render Montie's motion to dismiss moot. See Malowney v. Fed. Collection Deposit Grp., 193 F.3d 1342, 1345 n.1 (11th Cir. 1999) ("An amended complaint supersedes an original complaint."); Meterlogic, Inc. v. Copier Sols., Inc., 185 F. Supp. 2d 1292, 1297 (S.D. Fla. 2002) ("[The plaintiff] filed a second amended complaint.... The defendants did not oppose the filing of this complaint, which rendered moot the parties' previous pleadings and the defendants' summary judgment and Daubert motions."). Therefore, the extra time the CFTC needs to draft a response to Montie's motion is unnecessary. Furthermore, the CFTC's request for an extension of time to file its complaint without leave of Court also seems unnecessary. The CFTC may amend its complaint without leave of Court until June 12, 2019; thereafter - if necessary - the CFTC may request the Court grant it leave to amend its complaint. See Fed. R. Civ. P. 15(a). Nonetheless, to prevent the CFTC from missing the deadline to respond to Montie's motion, the Court will grant the CFTC's request for an extension to file a response to the motion to dismiss until the day its deadline is to file an amended complaint as a matter of course - June 12, 2019. For these reasons, the CFTC's Motion (Doc. #88) is denied in part and granted in part as explained herein. Signed by Judge Virginia M. Hernandez Covington on 5/31/2019. (DLB)
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Filing 88
Unopposed MOTION for Extension of Time to File Response/Reply as to #58 MOTION to Dismiss (Doc. 1) Complaint and Memorandum of Law by Commodity Futures Trading Commission. (Chapin, Jennifer)
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Filing 87
MOTION for miscellaneous relief, specifically to Approve Retention of Professionals by Burton W. Wiand. (Attachments: #1 Exhibit A- CFTC Receivership Proposal Letter, #2 Exhibit B - Bill Price's CV, #3 Exhibit C - RWJ's Resume)(Perez, Jared)
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Filing 86
NOTICE canceling hearing on #4 Motion for preliminary injunction scheduled for 5/30/2019 at 1:00 PM. (CKR)
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Filing 85
ORDER granting Consent Motion for Preliminary Injunction against Relief Defendant Mainstream Fund Services, Inc. (Doc. #82). See Order for details. Signed by Judge Virginia M. Hernandez Covington on 5/29/2019. (DLB)
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Filing 84
RESPONSE re 83 Order filed by Commodity Futures Trading Commission. (Attachments: #1 Text of Proposed Order)(Chapin, Jennifer)
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Filing 83
ENDORSED ORDER: On May 28, 2019, Plaintiff Commodity Futures Trading Commission filed a Motion for Entry of Consent Order of Preliminary Injunction Against Relief Defendant Mainstream Fund Services, Inc. (Doc. #82). The motion and accompanying proposed consent order appear to apply only to Mainstream; however, paragraph 7 on page 6 of the proposed order states that "this Order prohibits Defendants and Related Relief Defendants from withdrawing, removing, assigning, transferring, pledging, encumbering, disbursing, dissipating, converting, selling, or otherwise disposing of Defendants' and Related Relief Defendants' assets," except in certain situations. (Doc. # [82-2] at 6). The Court therefore seeks clarification as to whether this provision of the proposed order applies only to Mainstream or all Defendants and Relief Defendants. CFTC is directed to respond to the issues raised in this Order by May 30, 2019. Signed by Judge Virginia M. Hernandez Covington on 5/29/2019. (DLB)
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Filing 82
Consent MOTION for preliminary injunction against Relief Defendant Mainstream Fund Services, Inc. by Commodity Futures Trading Commission. (Attachments: #1 Exhibit Signed Consent, #2 Text of Proposed Order)(Chapin, Jennifer)
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Filing 81
NOTICE of lis pendens by Burton W. Wiand (Feld, Eric)
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Filing 80
PROOF of service by Commodity Futures Trading Commission (Chapin, Jennifer)
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Filing 79
ORDER Setting Hearing on Motion #4 Plaintiff's MOTION for preliminary injunction as to Defendants Satellite Holdings Company, Raymond P. Montie, III, and John J. Haas: Motion Hearing set for 7/1/2019 at 01:00 PM in Tampa Courtroom 11 B before Magistrate Judge Sean P. Flynn. Signed by Magistrate Judge Sean P. Flynn on 5/24/2019. (CKR)
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Filing 78
Clerk's ENTRY OF DEFAULT as to 4Oaks, LLC (BES)
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Filing 77
Clerk's ENTRY OF DEFAULT as to 13318 Lost Key Place, LLC (BES)
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Filing 76
Clerk's ENTRY OF DEFAULT as to 6922 Lacantera Circle, LLC (BES)
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Filing 75
Clerk's ENTRY OF DEFAULT as to 4064 Founders Club Drive, LLC (BES)
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Filing 74
Clerk's ENTRY OF DEFAULT as to 444 Gulf of Mexico Drive, LLC (BES)
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Filing 73
Clerk's ENTRY OF DEFAULT as to Roar of the Lion Fitness, LLC (BES)
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Filing 72
Clerk's ENTRY OF DEFAULT as to Lagoon Investments, Inc (BES)
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Filing 71
Clerk's ENTRY OF DEFAULT as to Bowling Green Capital Management, LLC (BES)
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Filing 70
SET ASIDE per 127 Order - Clerk's ENTRY OF DEFAULT as to Francisco "Frank" L. Duran (BES) Modified on 6/20/2019 (BES).
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Filing 69
Clerk's ENTRY OF DEFAULT as to Oasis Management, LLC (BES)
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Filing 68
ENDORSED ORDER granting Defendants John J. Haas and Satellite Holdings Company's unopposed motion for extension of time to file answer. (Doc. #64). Haas and Satellite's answers are due by June 21, 2019. Signed by Judge Virginia M. Hernandez Covington on 5/23/2019. (DLB)
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Filing 67
ENDORSED ORDER granting in part and denying in part Defendant Michael Dacorta's unopposed motion for extension of time to file answer. (Doc. #61). Dacorta's answer to the complaint is due by June 21, 2019. Signed by Judge Virginia M. Hernandez Covington on 5/23/2019. (DLB)
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Filing 66
ENDORSED ORDER granting Plaintiff Commodity Futures Trading Commission's unopposed motion (Doc. #65) as to Defendants Raymond P. Montie, John J. Haas, and Satellite Holdings Company. The Restraining Order (Doc. #7) is extended until the date the Court sets the hearing on the CFTC's motion for preliminary injunction as to the aforementioned defendants. Signed by Judge Virginia M. Hernandez Covington on 5/23/2019. (DLB)
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Filing 65
Unopposed MOTION for miscellaneous relief, specifically extension of Doc. #7 as to Defendants Satellite Holdings Company, Raymond P. Montie, III, and John J. Haas by Commodity Futures Trading Commission. (Chapin, Jennifer)
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Filing 64
Unopposed MOTION for Extension of Time to File Answer re #1 Complaint or Otherwise Plead in this Action by John J. Haas, Satellite Holdings Company. (Phillips, A.)
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Filing 63
ORDER granting in part and denying in part #57 Unopposed Joint Motion to Continue the Preliminary Injunction Hearing and Extend the Preliminary Injunction in the Interim. Signed by Magistrate Judge Sean P. Flynn on 5/22/2019. (CKR)
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Filing 62
MOTION for entry of clerk's default against Francisco "Frank" L. Duran , Oasis Management, LLC, Bowling Green Capital Management, LLC, Lagoon Investments, Inc., Roar of the Lion Fitness, LLC, 444 Gulf of Mexico Drive, LLC, 4064 Founders Club Drive, LLC, 6922 Lacantera Circle, LLC, 13318 Lost Key Place, LLC and 4Oaks LLC by Commodity Futures Trading Commission. (Attachments: #1 Exhibit 1 Declaration, #2 Exhibit 1-A)(Chapin, Jennifer) Motions referred to Magistrate Judge Sean P. Flynn.
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Filing 61
Unopposed MOTION for Extension of Time to File Answer by Michael J. Dacorta. (Stuart, Jacob)
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Filing 60
NOTICE of pendency of related cases per Local Rule 1.04(d) by Michael J. Dacorta. Related case(s): yes (Stuart, Jacob)
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Filing 59
NOTICE of Appearance by Jacob Vickers Stuart, Jr on behalf of Michael J. Dacorta (Stuart, Jacob)
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Filing 58
MOTION to Dismiss (Doc. 1) Complaint and Memorandum of Law by Raymond P. Montie, III. (Horwitz, Mark)
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Filing 57
Unopposed MOTION to Continue Preliminary Injunction Hearing set for May 30, 2019 by John J. Haas, Raymond P. Montie, III, Satellite Holdings Company. (Citro, Vincent)
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***PRO HAC VICE FEES paid by attorney Scott S. Allen Jr. (Filing fee $150 receipt number TPA056666.) Related document: #55 MOTION for Dennis C. Vacco & Scott S. Allen, Jr. to appear pro hac vice. (ARC)
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***PRO HAC VICE FEES paid by attorney Dennis C. Vacco (Filing fee $150 receipt number TPA056666.) Related document: #55 MOTION for Dennis C. Vacco & Scott S. Allen, Jr. to appear pro hac vice. (ARC)
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Filing 56
ENDORSED ORDER granting #55 motion to appear pro hac vice. Attorneys Dennis C. Vacco and Scott S. Allen Jr. may appear pro hac vice on behalf of Relief Defendant Mainstream Fund Services, Inc., with Attorney Christopher A. Walker designated as local counsel pursuant to Local Rule 2.02(a). Within twenty-one (21) days of the date of this Order, counsel shall comply with the fee and electronic filing requirements and file a notice of compliance with said requirements. Signed by Magistrate Judge Sean P. Flynn on 5/17/2019. (CKR)
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Filing 55
MOTION for Dennis C. Vacco & Scott S. Allen, Jr. to appear pro hac vice by Mainstream Fund Services, Inc. (Walker, Christopher) Motions referred to Magistrate Judge Sean P. Flynn.
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Filing 54
NOTICE of pendency of related cases per Local Rule 1.04(d) by Commodity Futures Trading Commission. Related case(s): Yes (Chapin, Jennifer)
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Filing 53
PROOF of service by Commodity Futures Trading Commission (Chapin, Jennifer)
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Filing 52
PROOF of service by Commodity Futures Trading Commission (Chapin, Jennifer)
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Filing 51
PROOF of service by Commodity Futures Trading Commission (Chapin, Jennifer)
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Filing 50
PROOF of service by Commodity Futures Trading Commission (Chapin, Jennifer)
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Filing 49
NOTICE of pendency of related cases per Local Rule 1.04(d) by Mainstream Fund Services, Inc. Related case(s): no (Walker, Christopher)
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Filing 48
ENDORSED ORDER granting #46 Motion for Extension of Time to Answer or respond. Raymond P. Montie, III answer or response due 5/23/2019. Signed by Judge Virginia M. Hernandez Covington on 5/6/2019. (Covington, Virginia)
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Filing 47
NOTICE of pendency of related cases and track 2 notice per Local Rule 1.04(d) by Raymond P. Montie, III. Related case(s): No (Citro, Vincent)
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Filing 46
Unopposed MOTION for Extension of Time to File Answer re #1 Complaint or Otherwise Plead in this Action by Raymond P. Montie, III. (Citro, Vincent)
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Filing 45
NOTICE of pendency of related cases re #26 Related case order and track 2 notice per Local Rule 1.04(d) by John J. Haas. Related case(s): No (Phillips, A.)
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Filing 44
ORDER granting #35 Consent Motion for Preliminary Injunction's request for appointment of receiver and stay of litigation. See order for details. Signed by Judge Virginia M. Hernandez Covington on 4/30/2019. (DLB)
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Filing 43
ORDER granting #35 Consent Motion for Preliminary Injunction's request for preliminary injunction. See order for details. Signed by Judge Virginia M. Hernandez Covington on 4/30/2019. (DLB)
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Filing 42
ENDORSED ORDER granting #41 plaintiff's motion as to defendants SATELLITE HOLDINGS COMPANY, RAYMOND P. MONTIE, III, JOHN J. HAAS and relief defendant MAINSTREAM FUND SERVICES, INC. The Restraining Order is extended until May 30, 2019, as to the aforementioned defendants. Signed by Judge Virginia M. Hernandez Covington on 4/30/2019. (Covington, Virginia)
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Filing 41
Unopposed MOTION for miscellaneous relief, specifically for Extension of Statutory Restraining Order as to Defendants Satellite Holdings Company, Raymond P. Montie, III and John J. Haas and Relief Defendant Mainstream Fund Services, Inc. by Commodity Futures Trading Commission. (Chapin, Jennifer)
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Filing 40
ORDER Setting Hearing on #4 Plaintiff's MOTION for preliminary injunction as to Defendants Satellite Holdings Company, Raymond Montie, III, John J. Haas, and Mainstream Fund Services, Inc.: Motion Hearing set for 5/30/2019 at 01:00 PM in Tampa Courtroom 11 B before Magistrate Judge Sean P. Flynn. Signed by Magistrate Judge Sean P. Flynn on 4/29/2019. (CKR)
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Filing 39
NOTICE canceling hearing on #4 Motion for preliminary injunction scheduled for 4/29/2019 at 01:00 PM. (EJC)
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Filing 38
ENDORSED ORDER granting #37 Relief Defendant Mainstream Fund Services, Inc.'s Motion to Continue Preliminary Injunction Hearing. The hearing scheduled for April 29, 2019, at 1:00 p.m. is continued and will be rescheduled by separate notice. Signed by Magistrate Judge Sean P. Flynn on 4/29/2019. (CKR)
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Filing 37
MOTION to Continue Preliminary Injunction Hearing by Mainstream Fund Services, Inc. (Walker, Christopher)
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Filing 36
NOTICE of Appearance by Christopher Walker on behalf of Mainstream Fund Services, Inc (Walker, Christopher)
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Filing 35
Consent MOTION for preliminary injunction by Commodity Futures Trading Commission. (Attachments: #1 Text of Proposed Order Consent Order of Preliminary Injunction and Other Equitable Relief, #2 Text of Proposed Order Order Appointing Receiver and Staying Litigation, #3 Exhibit Consent of Michael J. DaCorta et al, #4 Exhibit Consent of Joseph Anile et al, #5 Exhibit Consent of Francisco Duran)(Chapin, Jennifer)
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Filing 34
ENDORSED ORDER granting #33 Defendants John J. Haas, Satellite Holdings Company and Raymond P. Montie, III's Joint Motion to Continue Preliminary Injunction Hearing. The hearing scheduled for April 29, 2019, at 1:00 p.m. is continued as to these Defendants only and will be rescheduled by separate notice. Signed by Magistrate Judge Sean P. Flynn on 4/26/2019. (CKR)
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Filing 33
Joint MOTION to Continue Preliminary Injunction Hearing set for April 29, 2019 by John J. Haas, Satellite Holdings Company. (Phillips, A.)
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Filing 32
NOTICE of Appearance by A. Brian Phillips on behalf of John J. Haas, Satellite Holdings Company (Phillips, A.)
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Filing 31
PROOF of service by Commodity Futures Trading Commission (Chapin, Jennifer)
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Filing 30
PROOF of service by Commodity Futures Trading Commission (Chapin, Jennifer)
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Filing 29
NOTICE of Appearance by Mark L. Horwitz on behalf of Raymond P. Montie, III (Horwitz, Mark)
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Filing 28
NOTICE of Appearance by Eric Ryan Feld on behalf of Burton W. Wiand (Feld, Eric)
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Filing 27
NOTICE of Appearance by Jared J. Perez on behalf of Burton W. Wiand (Perez, Jared)
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Filing 26
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 4/24/2019. (TWL)
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Filing 25
PROOF of service by Commodity Futures Trading Commission (Chapin, Jennifer)
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Filing 24
PROOF of service by Commodity Futures Trading Commission (Chapin, Jennifer)
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Filing 23
PROOF of service by Commodity Futures Trading Commission (Chapin, Jennifer)
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Filing 22
PROOF of service by Commodity Futures Trading Commission (Chapin, Jennifer)
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Filing 21
PROOF of service by Commodity Futures Trading Commission (Chapin, Jennifer)
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Filing 20
PROOF of service by Commodity Futures Trading Commission (Chapin, Jennifer)
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Filing 19
PROOF of service by Commodity Futures Trading Commission (Chapin, Jennifer)
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Filing 18
PROOF of service by Commodity Futures Trading Commission (Chapin, Jennifer)
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Filing 17
PROOF of service by Commodity Futures Trading Commission (Chapin, Jennifer)
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Filing 16
PROOF of service by Commodity Futures Trading Commission (Chapin, Jennifer)
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Filing 15
PROOF of service by Commodity Futures Trading Commission (Chapin, Jennifer)
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Filing 14
ORDER: The Commodity Futures Trading Commission's Motion to Amend/Correct Order on Motion for Temporary Restraining Order (Doc. #13 ) is granted. See order for details. Signed by Judge Virginia M. Hernandez Covington on 4/23/2019. (DLB)
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Filing 13
MOTION to Amend/Correct #7 Order on Motion for Temporary Restraining Order by Commodity Futures Trading Commission. (Attachments: #1 Text of Proposed Order)(Chapin, Jennifer)
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Filing 12
ORDER granting #11 motion to unseal the case. The Clerk of Court is directed to unseal the case. Signed by Judge Virginia M. Hernandez Covington on 4/19/2019. (DLB)
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Filing 11
MOTION to unseal the case by Commodity Futures Trading Commission. (BES)
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Filing 10
SUMMONS issued as to Mainstream Fund Services, Inc, Oasis International Group, Limited. (BES)
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Filing 9
ORDER Setting Hearing on #4 Plaintiff's MOTION for preliminary injunction: Motion Hearing set for 4/29/2019 at 01:00 PM in Tampa Courtroom 11 B before Magistrate Judge Sean P. Flynn. Signed by Magistrate Judge Sean P. Flynn on 4/15/2019. (CKR)
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Filing 8
SUMMONS issued as to 13318 Lost Key Place, LLC, 4064 Founders Club Drive, LLC, 444 Gulf of Mexico Drive, LLC, 4Oaks, LLC, 6922 Lacantera Circle, LLC, Joseph S. Anile, II, Bowling Green Capital Management, LLC, Michael J. Dacorta, Francisco "Frank" L. Duran, John J. Haas, Lagoon Investments, Inc, Raymond P. Montie, III, Oasis Management, LLC, Roar of the Lion Fitness, LLC, Satellite Holdings Company. (BES)
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Filing 7
ORDER granting #4 Motion for statutory restraining order and appointment of a temporary receiver. Signed by Judge Virginia M. Hernandez Covington on 4/15/2019. (BES)
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Filing 6
ORDER granting #3 Motion for Leave to File Excess Pages. Signed by Judge Virginia M. Hernandez Covington on 4/15/2019. (BES)
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Filing 5
ORDER granting #2 Motion to temporarily seal a new civil action. Signed by Judge Virginia M. Hernandez Covington on 4/15/2019. (BES)
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Filing 4
MOTION for statutory restraining order, MOTION for preliminary injunction by Commodity Futures Trading Commission. (Attachments: #1 Declaration of Elsie Robinson, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D1, #6 Exhibit D2, #7 Exhibit D3, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Deposition of Louis Berardocco, #14 Certifications of Sandra A. Jung, #15 Text of Proposed Order)(BES)
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Filing 3
MOTION for Leave to File Excess Pages by Commodity Futures Trading Commission. (Attachments: #1 Text of Proposed Order)(BES)
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Filing 2
MOTION to temporarily seal a new civil action by Commodity Futures Trading Commission. (Attachments: #1 Text of Proposed Order)(BES)
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Filing 1
COMPLAINT against 13318 Lost Key Place, LLC, 4064 Founders Club Drive, LLC, 444 Gulf of Mexico Drive, LLC, 4Oaks, LLC, 6922 Lacantera Circle, LLC, Joseph S. Anile, II, Bowling Green Capital Management, LLC, Michael J. Dacorta, Francisco "Frank" L. Duran, John J. Haas, Lagoon Investments, Inc, Mainstream Fund Services, Inc, Raymond P. Montie, III, Oasis International Group, Limited, Oasis Management, LLC, Roar of the Lion Fitness, LLC, Satellite Holdings Company filed by Commodity Futures Trading Commission. (Attachments: #1 Civil Cover Sheet)(BES)
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