Securities and Exchange Commission v. Davison et al
Securities and Exchange Commission |
551 3D Ave S, LLC, Equialt Fund, LLC, Equialt Fund II, LLC, Equialt LLC, Brian Davison, 2112 W. Kennedy Blvd, LLC, EA SIP, LLC, Silver Sands TI, LLC, BNAZ, LLC, Equialt Fund III, LLC, 128 E. Davis Blvd, LLC, 310 78TH Ave, LLC, Blue Waters TI, LLC, BR Support Services, LLC, Capri Haven, LLC, 5123 E. Broadway Ave, LLC, TB Oldest House Est. 1842, LLC, 604 West Azeele, LLC, Bungalows TI, LLC, Barry M. Rybicki, EA NY, LLC, Equialt 519 3RD Ave S., LLC, 2101 W. Cypress, LLC and McDonald Revocable Living Trust |
Burton W. Wiand |
8:2020cv00325 |
February 11, 2020 |
US District Court for the Middle District of Florida |
Anthony E Porcelli |
Mary S Scriven |
Securities/Commodities |
15 U.S.C. § 0077 |
Plaintiff |
Docket Report
This docket was last retrieved on January 15, 2025. A more recent docket listing may be available from PACER.
Document Text |
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Filing 78 NOTICE of withdrawal of motion by Barry M. Rybicki re #75 Second MOTION for Extension of Time to File Answer (Agreed) filed by Barry M. Rybicki (Fels, Adam) |
Filing 77 Second MOTION for Extension of Time to File Answer (Agreed) by Brian Davison. (Attachments: #1 Text of Proposed Order)(Davis, Gerald) |
Filing 76 Unopposed MOTION for Miscellaneous Relief, specifically to Approve Retention of PDR CPAs by Burton W. Wiand. (Attachments: #1 Exhibit A)(Donlon, Katherine) |
Filing 75 Second MOTION for Extension of Time to File Answer (Agreed) by Barry M. Rybicki. (Attachments: #1 Text of Proposed Order)(Fels, Adam) |
Filing 74 ORDER GRANTING #72 Sidley Austin's Unopposed Motion to Withdraw as Counsel of Record for Defendant Barry M. Rybicki. The Clerk is directed to TERMINATE Stephen L. Cohen and David M. Rody, of the law firm Sidley Austin LLP, as counsel of record and recipient of filings for Defendant Barry M. Rybicki. Signed by Judge Mary S. Scriven on 4/6/2020. (GMD) |
Filing 73 ORDER GRANTING #71 Brinkley Morgan's Unopposed Motion to Withdraw as Counsel of Record for Defendant Barry M. Rybicki. The Clerk is directed to TERMINATE Mark Andrew Levy, of the law firm Brinkley Morgan, as counsel of record and recipient of filings for Defendant Barry M. Rybicki. Signed by Judge Mary S. Scriven on 4/6/2020. (GMD) |
***PRO HAC VICE FEES paid by attorney Howard Fischer, appearing on behalf of Brian Davison (Filing fee $150 receipt number TPA060607.) Related document: #67 MOTION for Howard A. Fischer to appear pro hac vice Specially as Counsel of Record and Written Designation to Act. (JLD) |
Filing 72 MOTION for Sidley Austin LLP, Stephen L. Cohen and David M. Rody to Withdraw as Attorney by Barry M. Rybicki. (Levy, Mark) |
Filing 71 MOTION for Brinkley Morgan and Mark A. Levy to Withdraw as Attorney by Barry M. Rybicki. (Levy, Mark) |
Filing 70 NOTICE of Appearance by Adam Seth Fels on behalf of Barry M. Rybicki (Fels, Adam) |
Filing 69 ENDORSED ORDER granting #67 Motion to Appear Pro Hac Vice. Attorney Howard A. Fischer may appear pro hac vice on behalf of Defendant Brian Davison, with Attorney Gerald D. Davis 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 Anthony E. Porcelli on 4/1/2020. (JMF) |
Filing 68 NOTICE by Brian Davison of Non-Resident Attorney Howard A. Fischer and Designation of Florida Counsel and Consent-to-Act Pursuant to Local Rule 2.02 (Davis, Gerald) |
Filing 67 MOTION for Howard A. Fischer to appear pro hac vice Specially as Counsel of Record and Written Designation to Act by Brian Davison. (Davis, Gerald) Motions referred to Magistrate Judge Anthony E. Porcelli. |
Filing 66 ORDER DIRECTING the Parties to file a joint motion to lift the stay, if that is their collective preference, within seven (7) days of the date of this Order. Otherwise, all deadlines, including the deadline for Defendant Davison to respond to the Motion, will remain stayed until the Court's March 19, 2020 stay has been lifted, and the Court will reserve its ruling on the Motion until that time. See Order for details. Signed by Judge Mary S. Scriven on 3/27/2020. (GMD) |
Filing 65 ORDER GRANTING #64 Plaintiff's Request for Entry of Proposed Agreed Order Extending and Modifying Asset Freeze. Signed by Judge Mary S. Scriven on 3/26/2020. (GMD) |
Filing 64 Unopposed MOTION for Miscellaneous Relief, specifically for Entry of Proposed Agreed Order Modifying Asset Freeze by Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order - Agreed Order Modifying Asset Freeze)(Johnson, Alise) |
Filing 63 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT of February 13, 2020 motion hearing. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: David Collier. (DJC) |
Filing 62 TRANSCRIPT of motion hearing held on February 13, 2020 before District Judge Mary S. Scriven. Court Reporter David J. Collier,Telephone number (813) 301-5575. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 4/13/2020, Redacted Transcript Deadline set for 4/23/2020, Release of Transcript Restriction set for 6/22/2020. (DJC) |
Filing 61 MOTION for Miscellaneous Relief, specifically to Approve Engagement of Real Estate Valuation Consultant - Coldwell Banker by Burton W. Wiand. (Attachments: #1 Exhibit A - Proposed Engagement Agreement, #2 Exhibit B - Davison Position on Coldwell Banker Motion)(Donlon, Katherine) |
Filing 60 ENDORSED ORDER GRANTING #58 Agreed Motion Motion for Transcript of sealed proceedings. The transcript (the "Transcript") of the hearing held before this Court on February 13, 2020 (the "Hearing"), on Plaintiff's Emergency Ex Parte Motion for Temporary Restraining Order, Asset Freeze, and Other Injunctive Relief 4 and Plaintiff's Emergency Ex Parte Motion for Appointment of Receiver 6, is hereby unsealed for the limited purpose of permitting the Court Reporter present at the Hearing to provide Defendants Davison and Rybicki with a copies of the Transcript upon payment to the Court Reporter of all associated costs and fees. Signed by Judge Mary S. Scriven on 3/20/2020. (Scriven, Mary) |
Filing 59 ORDER concerning Jury Trials and Other Proceedings in re: Coronavirus Public Emergency. Signed by Judge Mary S. Scriven on 3/19/2020. (SMS) |
Filing 58 Consent MOTION for Transcript of agreed motion to unseal court transcript held on February 13, 2020 agreed by Brian Davison. (Attachments: #1 Text of Proposed Order)(Davis, Gerald) Motions referred to Magistrate Judge Anthony E. Porcelli. |
Filing 57 CERTIFICATE of interested persons and corporate disclosure statement re #39 Interested persons order by Brian Davison. (Davis, Gerald) |
Filing 56 NOTICE of pendency of related cases re #38 Related case order and track 2 notice per Local Rule 1.04(d) by Barry M. Rybicki. Related case(s): yes (Levy, Mark) |
Filing 55 CERTIFICATE of interested persons and corporate disclosure statement re #39 Interested persons order by Barry M. Rybicki. (Levy, Mark) |
Filing 54 ORDER GRANTING #52 Joint Motion for Entry of Proposed Agreed Order Extending and Modifying Asset Freeze as to Defendant Brian Davison. See Order for details. Signed by Judge Mary S. Scriven on 3/16/2020. (GMD) |
Filing 52 Unopposed MOTION for Miscellaneous Relief, specifically for Entry of Proposed Agreed Order Extending and Modifying Asset Freeze by Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order - Agreed Order Modifying Asset Freeze)(Johnson, Alise) |
Filing 51 ENDORSED ORDER GRANTING #50 Defendant Brian Davison's Agreed Motion for Enlargement of Time to Serve Response to Plaintiff's Complaint. Defendant Brian Davison shall have up to and including May 1, 2020 to file its answer or otherwise respond to the Complaint. Signed by Judge Mary S. Scriven on 3/12/2020. (GMD) |
Filing 50 MOTION for Extension of Time to File Response/Reply as to #1 Complaint by Brian Davison. (Attachments: #1 Text of Proposed Order)(Davis, Gerald) |
Filing 49 ENDORSED ORDER GRANTING #46 Defendant Barry M. Rybicki's Agreed Motion for Enlargement of Time to Serve Response to Plaintiff's Complaint. Defendant Barry M. Rybicki shall have up to and including April 10, 2020 to file an answer or otherwise respond to the Complaint. Signed by Judge Mary S. Scriven on 3/11/2020. (GMD) |
Filing 48 ORDER GRANTING IN PART #43 Defendant Barry M. Rybicki's Motion to Modify Asset Freeze to Permit Access to Funds for Legal Defense Costs. See Order for details. Signed by Judge Mary S. Scriven on 3/11/2020. (GMD) |
Filing 47 PROOF of service by Securities and Exchange Commission (Johnson, Alise) |
Filing 46 MOTION for Extension of Time to File Response/Reply as to #1 Complaint Agreed by Barry M. Rybicki. (Attachments: #1 Exhibit Proposed Order)(Levy, Mark) |
Filing 45 CERTIFICATE of interested persons and corporate disclosure statement re #39 Interested persons order filed by Securities and Exchange Commission. (Johnson, Alise) |
Filing 44 NOTICE of pendency of related cases re #38 Related case order and track 2 notice filed per Local Rule 1.04(d) by Securities and Exchange Commission. Related case(s): no (Johnson, Alise) |
Filing 43 MOTION for Release of Funds Motion to Modify Asset Freeze to Permit Access to Funds for Legal Defense Costs by Barry M. Rybicki. (Levy, Mark) |
Filing 42 ORDER GRANTING #41 the Motion to Withdraw as Counsel of Record for Defendant Brian Davison. The Clerk is directed to TERMINATE Lonnie Lloyd Simpson and Stephen B. Gillman, of the law firm Shutts & Bowen, LLP, as counsel of record and recipients of filings for Defendant Brian Davison. Signed by Judge Mary S. Scriven on 3/6/2020. (GMD) |
***PRO HAC VICE FEES paid by attorney Gregory J. Fleesler, appearing on behalf of Brian Davison (Filing fee $150 receipt number TPA060294.) Related document: #36 MOTION for Gregory J. Fleesler to appear pro hac vice Specially as Counsel of Record and Written Designation of Counsel to Act. (TDC) |
Filing 41 MOTION for Lonnie L. Simpson and Stephen B. Gillman to Withdraw as Attorney by Brian Davison. (Simpson, Lonnie) |
Filing 40 ENDORSED ORDER granting #36 Motion to Appear Pro Hac Vice. Attorney Gregory J. Fleesler may appear pro hac vice on behalf of Defendant Brian Davison, with Attorney Gerald D. Davis 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 Anthony E. Porcelli on 3/4/2020. (JMF) |
Filing 39 INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 3/18/2020. Signed by Judge Mary S. Scriven on 3/4/2020. (MR) |
Filing 38 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 3/18/2020. Signed by Judge Mary S. Scriven on 3/4/2020. (MR) |
Filing 37 NOTICE by Brian Davison of Non-Resident Attorney Gregory J. Fleesler and Designation of Florida Counsel and Consent-to-Act Pursuant to Local Rule 2.02 (Davis, Gerald) |
Filing 36 MOTION for Gregory J. Fleesler to appear pro hac vice Specially as Counsel of Record and Written Designation of Counsel to Act by Brian Davison. (Davis, Gerald) Motions referred to Magistrate Judge Anthony E. Porcelli. |
Filing 35 NOTICE of Amended and Corrected Appearance by Charles M. Harris, Jr on behalf of Brian Davison (Harris, Charles) |
Filing 34 NOTICE of Amended and Corrected Appearance by Gerald D. Davis on behalf of Brian Davison (Davis, Gerald) |
Filing 33 NOTICE of Appearance by Charles M. Harris, Jr on behalf of 128 E. Davis Blvd, LLC, 2101 W. Cypress, LLC, 2112 W. Kennedy Blvd, LLC, 310 78TH Ave, LLC, 5123 E. Broadway Ave, LLC, 551 3D Ave S, LLC, 604 West Azeele, LLC, BNAZ, LLC, Blue Waters TI, LLC, Bungalows TI, LLC, Capri Haven, LLC, Brian Davison, EA NY, LLC, EA SIP, LLC, Equialt 519 3RD Ave S., LLC, Equialt Fund II, LLC, Equialt Fund III, LLC, Equialt Fund, LLC, Equialt LLC, McDonald Revocable Living Trust, Silver Sands TI, LLC, TB Oldest House Est. 1842, LLC (Harris, Charles) |
Filing 32 NOTICE of Appearance by Gerald D. Davis on behalf of 128 E. Davis Blvd, LLC, 2101 W. Cypress, LLC, 2112 W. Kennedy Blvd, LLC, 310 78TH Ave, LLC, 5123 E. Broadway Ave, LLC, 551 3D Ave S, LLC, 604 West Azeele, LLC, BNAZ, LLC, Blue Waters TI, LLC, Bungalows TI, LLC, Capri Haven, LLC, Brian Davison, EA NY, LLC, EA SIP, LLC, Equialt 519 3RD Ave S., LLC, Equialt Fund II, LLC, Equialt Fund III, LLC, Equialt Fund, LLC, Equialt LLC, McDonald Revocable Living Trust, Silver Sands TI, LLC, TB Oldest House Est. 1842, LLC (Davis, Gerald) |
Filing 31 AGREED ORDER EXTENDING AND MODIFYING ASSET FREEZE. See Order for details. Signed by Judge Mary S. Scriven on 2/28/2020. (GMD) |
Filing 30 Unopposed MOTION for Miscellaneous Relief, specifically for Entry of Proposed Agreed Order Extending and Modifying Asset Freeze by Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order - Agreed Order Extending and Modifying Asset Freeze)(Johnson, Alise) |
Set/reset hearings: Show Cause Hearing set for 5/13/2020 at 01:30 PM in Tampa Courtroom 7 A before Judge Mary S. Scriven. (APV) |
Filing 29 ORDER GRANTING AS STATED HEREIN #28 Defendants' Unopposed Motion to Postpone February 27, 2020 Preliminary Injunction Hearing Until May 8, 2020 (or such other time as the Court may determine), and for Extension of Time to Provide Sworn Accounting. The SHOW CAUSE HEARING in this matter is rescheduled for Wednesday, May 13, 2019 at 1:30 PM in Tampa Courtroom 7 A before the Honorable Mary S. Scriven. See Order for details. Signed by Judge Mary S. Scriven on 2/26/2020. (GMD) |
Filing 28 Unopposed MOTION to Continue February 27, 2020 Preliminary Injunction Hearing until May 8, 2020 and For Extension of Time to Provide Sworn Accounting by Brian Davison. (Simpson, Lonnie) |
Filing 27 NOTICE of Appearance by Lonnie Lloyd Simpson on behalf of Brian Davison (Simpson, Lonnie) |
***PRO HAC VICE FEES paid by attorney Stephen L. Cohen, appearing on behalf of Barry M. Rybicki (Filing fee $150 receipt number TPA060185.) Related document: #20 MOTION for Stephen L. Cohen to appear pro hac vice . (ARC) |
***PRO HAC VICE FEES paid by attorney David M. Rody, appearing on behalf of Barry M. Rybicki (Filing fee $150 receipt number TPA060185.) Related document: #22 MOTION for David M. Rody to appear pro hac vice . (ARC) |
Filing 26 ENDORSED ORDER sua sponte extending any filing or submission deadlines due in this case today until no earlier than Tuesday February 25, 2020. This is intended to afford counsel for the defense an opportunity to file any agreed extension requests in an orderly fashion. This extension in no way modifies the Defendants' duty to comply with the previous Orders of the Court. Signed by Judge Mary S. Scriven on 2/21/2020. (Scriven, Mary) |
Filing 25 ENDORSED ORDER GRANTING #20 MOTION for Stephen L. Cohen to appear pro hac vice contingent upon the payment of the appropriate fee. Signed by Judge Mary S. Scriven on 2/21/2020. (Scriven, Mary) |
Filing 24 ENDORSED ORDER GRANTING #22 MOTION for David M. Rody to appear pro hac vice contingent upon the payment of the appropriate fee. Signed by Judge Mary S. Scriven on 2/21/2020. (Scriven, Mary) |
Filing 23 APPEARANCE of non-resident counsel and designation of local counsel by Mark Andrew Levy on behalf of Barry M. Rybicki. Local Counsel: Mark A. Levy. Non-Resident Counsel: David M. Rody. (Levy, Mark) |
Filing 22 MOTION for David M. Rody to appear pro hac vice by Barry M. Rybicki. (Levy, Mark) Motions referred to Magistrate Judge Anthony E. Porcelli. |
Filing 21 APPEARANCE of non-resident counsel and designation of local counsel by Mark Andrew Levy on behalf of Barry M. Rybicki. Local Counsel: Mark A. Levy. Non-Resident Counsel: Stephen L. Cohen. (Levy, Mark) |
Filing 20 MOTION for Stephen L. Cohen to appear pro hac vice by Barry M. Rybicki. (Levy, Mark) Motions referred to Magistrate Judge Anthony E. Porcelli. |
Filing 19 NOTICE of Appearance by Mark Andrew Levy on behalf of Barry M. Rybicki (Levy, Mark) |
Filing 18 PROOF of service by Securities and Exchange Commission (Johnson, Alise) |
Filing 17 PROOF of service by Securities and Exchange Commission (Johnson, Alise) |
Filing 16 NOTICE of Appearance by Robert Stines on behalf of Burton W. Wiand (Stines, Robert) |
Filing 15 NOTICE of Appearance by Katherine C. Donlon on behalf of Burton W. Wiand (Donlon, Katherine) |
Filing 14 NOTICE of Appearance by Jared J. Perez on behalf of Burton W. Wiand (Perez, Jared) |
Filing 13 ORDER granting #12 Motion to lift seal. The Clerk is DIRECTED to lift the seal in this matter and SHALL place theTemporary Restraining Order, the Receiver Order, the Complaint, and all other pleadings, motions, and orders that have been filed or entered in this case on the publicly accessible docket. Signed by Judge Mary S. Scriven on 2/14/2020. (AG) |
Filing 12 MOTION to lift seal and the for the Clerk of Court to place all previously filed pleading, motions, and orders on the public docket by Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order)(AG) |
Filing 11 ORDER GRANTING #6 Plaintiff's Emergency Ex Parte Motion for Appointment of Receiver. See Order for details. Signed by Judge Mary S. Scriven on 2/14/2020. (GMD) |
Filing 10 SEALED ORDER GRANTING #4 Plaintiff's Emergency Ex Parte Motion for Temporary Restraining Order, Asset Freeze, and Other Injunctive Relief. See Order for details. Signed by Judge Mary S. Scriven on 2/14/2020. (GMD) |
Filing 9 ORDER Setting Ex Parte Hearing on #4 Plaintiff's Emergency Ex Parte Motion for Temporary Restraining Order, Asset Freeze, and Other Injunctive Relief and #6 Plaintiff's Emergency Ex Parte Motion for Appointment of Receiver; GRANTING #2 Plaintiff's Motion to Seal; GRANTING #3 Plaintiff's Motion for Leave to File in Excess of the 25-Page Limit. The hearing is set for February 13, 2020 at 9:00 a.m. in Tampa Courtroom 7A before Judge Mary S. Scriven. See Order for Details. Signed by Judge Mary S. Scriven on 2/12/2020. (GMD) |
Filing 8 SUMMONS issued as to 128 E. Davis Blvd, LLC, 2101 W. Cypress, LLC, 2112 W. Kennedy Blvd, LLC, 310 78TH Ave, LLC, 5123 E. Broadway Ave, LLC, 551 3D Ave S, LLC, 604 West Azeele, LLC, BNAZ, LLC, BR Support Services, LLC, Blue Waters TI, LLC, Bungalows TI, LLC, Capri Haven, LLC, Brian Davison, EA NY, LLC, EA SIP, LLC, Equialt 519 3RD Ave S., LLC, Equialt Fund II, LLC, Equialt Fund III, LLC, Equialt Fund, LLC, Equialt LLC, McDonald Revocable Living Trust, Barry M. Rybicki, Silver Sands TI, LLC, TB Oldest House Est. 1842, LLC. (LD) |
Filing 7 EXHIBITS by Securities and Exchange Commission re #4 MOTION for temporary restraining order (Attachments: #1 Exhibit 1-5, #2 Exhibit 6, #3 Exhibit 7-9, #4 Exhibit 10-11, #5 Exhibit 12-34, #6 Exhibit 36 Part I, #7 Exhibit 36 Part II, #8 Exhibit 38-43).(LD) |
Filing 6 EMERGENCY EX PARTE MOTION to Appoint Receiver and Memorandum of Law by Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order)(LD) |
Filing 5 CERTIFICATE Pursuant to Rule 65(b) of the Federal Rules of Civil Procedure by Securities and Exchange Commission re #4 MOTION for temporary restraining order. (LD) |
Filing 4 EMERGENCY EX PARTE MOTION and MEMORANDUM OF LAW for Temporary Restraining Order, Asset Freeze, and Other Injunctive Relief Sought by Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order)(LD) |
Filing 3 MOTION for Leave to File its Emergency Ex Parte Motion and Memorandum of Law for Temporary Restraining Order, Asset Freeze and Other Injunctive Relief in Excess of the 25 Page Limit by Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order)(LD) |
Filing 2 MOTION for leave to file under seal by Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order)(LD) |
Filing 1 COMPLAINT against 128 E. Davis Blvd, LLC, 2101 W. Cypress, LLC, 2112 W. Kennedy Blvd, LLC, 310 78TH Ave, LLC, 5123 E. Broadway Ave, LLC, 551 3D Ave S, LLC, 604 West Azeele, LLC, BNAZ, LLC, BR Support Services, LLC, Blue Waters TI, LLC, Bungalows TI, LLC, Capri Haven, LLC, Brian Davison, EA NY, LLC, EA SIP, LLC, Equialt 519 3RD Ave S., LLC, Equialt Fund II, LLC, Equialt Fund III, LLC, Equialt Fund, LLC, Equialt LLC, McDonald Revocable Living Trust, Barry M. Rybicki, Silver Sands TI, LLC, TB Oldest House Est. 1842, LLC with Jury Demand filed by Securities and Exchange Commission. (Attachments: #1 Civil Cover Sheet)(LD) |
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