Securities and Exchange Commission v. Kinetic Investment Group, LLC et al
| Securities and Exchange Commission |
| KCL Services, LLC, KIH, Inc., Michael Scott Williams, Kinetic Funds I, LLC, Scipio, LLC, El Morro Financial Group, LLC, Kinetic Investment Group, LLC and LF42, LLC |
| Branch Banking and Trust Company and Truist |
| Mark A. Kornfeld |
| 8:2020cv00394 |
| February 20, 2020 |
| US District Court for the Middle District of Florida |
| Sean P Flynn |
| William F Jung |
| Securities/Commodities |
| 15 U.S.C. § 0077 |
| None |
Docket Report
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This docket was last retrieved on February 27, 2024. A more recent docket listing may be available from PACER.
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| Filing 48 RESPONSE to Motion re #35 Emergency MOTION for Miscellaneous Relief, specifically from order granting motion for appointment of receiver filed by Branch Banking and Trust Company. (Attachments: #1 Mailing Envelope)(MCB) |
Filing 47
ORDER granting #46 Motion to employ tax and website professionals. Signed by Judge William F. Jung on 3/16/2020. (CCB)
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| Filing 46 Unopposed MOTION for Miscellaneous Relief, specifically Employ Tax and Website Professionals by Mark A. Kornfeld. (Attachments: #1 Text of Proposed Order)(Maglich, Jordan) |
| Filing 45 NOTICE by Securities and Exchange Commission Of Filing Of Defendant Michael Scott Williams' Transcript (Attachments: #1 Exhibit Transcript)(Moot, Stephanie) |
| Filing 44 NOTICE of Appearance by Jordan D. Maglich on behalf of Mark A. Kornfeld (Maglich, Jordan) |
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Filing 43
ORDER granting #38 Motion Miscellaneous (Yip). Signed by Judge William F. Jung on 3/6/2020. (Jung, William)
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Filing 42
ORDER granting #37 Motion Miscellaneous Relief (IT). Signed by Judge William F. Jung on 3/6/2020. (Jung, William)
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Filing 41
ENDORSED ORDER granting #36 Motion to Appoint Counsel. Signed by Judge William F. Jung on 3/6/2020. (Jung, William)
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Filing 40
ENDORSED ORDER granting in part and denying in part #35 Motion Miscellaneous Relief. Based upon the SEC's response to Dkt. 35, the SEC states that the Order Granting Receivership did not list Mr. Williams personally as a "receivership defendant." The definition of "Defendant" in the whereas preamble of the Receivership Order is defendant Kinetic Investment Group, LLC. only. And Mr. Williams personally is not listed as a relief defendant. The term "receivership defendants" that can be found later in the Order is defined in paragraph 1 of that Order to be "Defendant" [KIG, LLC] and "Relief Defendants." Accordingly, the SEC appears correct that Mr. Williams personally is not a Receivership Defendant under the Order granting Receivership. The Court appreciates the fairly stark and sudden nature of events unfolding in this case today, and that people are traveling this afternoon and not available for consultation. In the future, both the Williams-related parties and the receiver should kindly discuss all matters in a "meet and confer" before bringing any issue to the Court. Signed by Judge William F. Jung on 3/6/2020. (Jung, William)
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| Filing 39 RESPONSE to Motion re #35 Emergency MOTION for Miscellaneous Relief, specifically from order granting motion for appointment of receiver filed by Securities and Exchange Commission. (Nestor, Christine) |
| Filing 38 MOTION for Miscellaneous Relief, specifically Authorization to Employ Information Technology and Support Personnel by Mark A. Kornfeld. (Attachments: #1 Exhibit, #2 Exhibit, #3 Text of Proposed Order)(Maglich, Jordan) |
| Filing 37 MOTION for Miscellaneous Relief, specifically Authorization to Employ Yip & Associates as Forensic Accountants by Mark A. Kornfeld. (Attachments: #1 Text of Proposed Order)(Maglich, Jordan) Modified on 3/9/2020 (BES). |
| Filing 36 MOTION to Appoint Counsel Quarles & Brady and Peters, Laplaca, and Fuste by Mark A. Kornfeld. (Attachments: #1 Text of Proposed Order)(Maglich, Jordan) Motions referred to Magistrate Judge Sean P. Flynn. |
| Filing 35 Emergency MOTION for Miscellaneous Relief, specifically from order granting motion for appointment of receiver by Michael Scott Williams. (Kehoe, Gregory) |
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Filing 34
ORDER granting #3 Motion to Appoint Receiver. Signed by Judge William F. Jung on 3/6/2020. (CCB) (CCB).
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Filing 33
ORDER granting #2 Motion for asset freeze. Signed by Judge William F. Jung on 3/6/2020. (CCB) (AG).
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| Filing 32 Minute Entry. Proceedings held before Judge William F. Jung: MOTION HEARING held on 3/6/2020 re #2 MOTION for Miscellaneous Relief, specifically [Emergency] for Asset Freeze and Other Relief and Memorandum of Law in Support filed by Securities and Exchange Commission; and #3 EMERGENCY MOTION to Appoint Receiver filed by Securities and Exchange Commission. Court Reporter: Tracey Aurelio (SAO) |
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Filing 31
ENDORSED ORDER denying as moot #29 Motion to Strike. Signed by Judge William F. Jung on 3/6/2020. (CCB)
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| Filing 30 NOTICE of withdrawal of motion by El Morro Financial Group, LLC, KCL Services, LLC, KIH, Inc., Kinetic Funds I, LLC, Kinetic Investment Group, LLC, LF42, LLC, Scipio, LLC, Michael Scott Williams re #29 MOTION to Strike #28 Reply to Response to Motion for Failure to Seek Leave of Court Pursuant to Local Rule 3.01(c) filed by Scipio, LLC, LF42, LLC, KCL Services, LLC, Kinetic Funds I, LLC, Michael Scott Williams, Kinetic Investment Group, LLC, KIH, Inc., El Morro Financial Group, LLC (Kehoe, Gregory) |
| Filing 29 MOTION to Strike #28 Reply to Response to Motion for Failure to Seek Leave of Court Pursuant to Local Rule 3.01(c) by All Defendants. (Kehoe, Gregory) |
| Filing 28 REPLY to Response to Motion re #3 EMERGENCY MOTION to Appoint Receiver, #2 MOTION for Miscellaneous Relief, specifically [Emergency] for Asset Freeze and Other Relief and Memorandum of Law in Support filed by Securities and Exchange Commission. (Attachments: #1 Exhibit 1 Composite, #2 Exhibit 2 Excerpt of Guar Testimonty, #3 Exhibit 3 Acct Opening Docs, #4 Exhibit 4 Excerpts of Pufahl Testimony, #5 Exhibit 5 Excerpts of Locke Testimony)(Nestor, Christine) |
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Filing 27
ORDER granting #26 Plaintiff's Unopposed Motion to Bring Electronic Equipment into the Courthouse for Hearing. Signed by Judge William F. Jung on 3/5/2020. (SAO)
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| Filing 26 Unopposed MOTION for Miscellaneous Relief, specifically to Brinng Electronic Equipment Into the Courthouse For Hearing by Securities and Exchange Commission. (Moot, Stephanie) |
| Filing 25 RESPONSE in Opposition re #2 MOTION for Miscellaneous Relief, specifically [Emergency] for Asset Freeze and Other Relief and Memorandum of Law in Support, #3 EMERGENCY MOTION to Appoint Receiver filed by El Morro Financial Group, LLC, KCL Services, LLC, KIH, Inc., Kinetic Funds I, LLC, Kinetic Investment Group, LLC, LF42, LLC, Scipio, LLC, Michael Scott Williams. (Attachments: #1 Exhibit A - Declaration, #2 Exhibit 1 to Declaration, #3 Exhibit 2 to Declaration, #4 Exhibit 3 to Declaration)(Kehoe, Gregory) |
| ***PRO HAC VICE FEES paid by attorney Steven M. Malina (Filing fee $150 receipt number TPA060226.) Related document: #22 Unopposed MOTION for Steven M. Malina to appear pro hac vice . (ARC) |
| Filing 24 NOTICE by Securities and Exchange Commission of Re-filing Exhibit 6 in Support of Plaintiff's Emergency Motion and Memorandum of Law for Asset for Asset Freeze and Other Relief (DE 2) (Attachments: #1 Exhibit 6)(Nestor, Christine) |
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Filing 23
ENDORSED ORDER granting #22 Motion for Steven M. Malina to Appear Pro Hac Vice. Signed by Magistrate Judge Sean P. Flynn on 2/26/2020. (CKR)
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| Filing 22 Unopposed MOTION for Steven M. Malina to appear pro hac vice by All Defendants. (Attachments: #1 Exhibit A - Written Designation and Consent to Act, #2 Exhibit B - Special Admission Attorney Certification, #3 Exhibit C - Certificate of Good Standing)(Kehoe, Gregory) Motions referred to Magistrate Judge Sean P. Flynn. |
| Filing 21 WAIVER of service returned executed on 2/25/20 by Securities and Exchange Commission as to Michael Scott Williams. (Moot, Stephanie) |
| Filing 20 WAIVER of service returned executed on 2/25/20 by Securities and Exchange Commission as to Scipio, LLC. (Moot, Stephanie) |
| Filing 19 WAIVER of service returned executed on 2/25/20 by Securities and Exchange Commission as to LF42, LLC. (Moot, Stephanie) |
| Filing 18 WAIVER of service returned executed on 2/25/20 by Securities and Exchange Commission as to Kinetic Investment Group, LLC. (Moot, Stephanie) |
| Filing 17 WAIVER of service returned executed on 2/25/20 by Securities and Exchange Commission as to Kinetic Funds I, LLC. (Moot, Stephanie) |
| Filing 16 WAIVER of service returned executed on 2/25/20 by Securities and Exchange Commission as to KIH, Inc.. (Moot, Stephanie) |
| Filing 15 WAIVER of service returned executed on 2/25/20 by Securities and Exchange Commission as to KCL Services, LLC. (Moot, Stephanie) |
| Filing 14 WAIVER of service returned executed on 2/25/20 by Securities and Exchange Commission as to El Morro Financial Group, LLC. (Moot, Stephanie) |
| Filing 13 NOTICE of Appearance by Danielle Susan Kemp on behalf of El Morro Financial Group, LLC, KCL Services, LLC, KIH, Inc., Kinetic Funds I, LLC, Kinetic Investment Group, LLC, LF42, LLC, Scipio, LLC, Michael Scott Williams (Kemp, Danielle) |
| Filing 12 NOTICE of Appearance by Joseph H. Picone on behalf of El Morro Financial Group, LLC, KCL Services, LLC, KIH, Inc., Kinetic Funds I, LLC, Kinetic Investment Group, LLC, LF42, LLC, Scipio, LLC, Michael Scott Williams (Picone, Joseph) |
| Filing 11 NOTICE of Appearance by Gregory W. Kehoe on behalf of El Morro Financial Group, LLC, KCL Services, LLC, KIH, Inc., Kinetic Funds I, LLC, Kinetic Investment Group, LLC, LF42, LLC, Scipio, LLC, Michael Scott Williams (Kehoe, Gregory) |
| Filing 10 NOTICE of RESCHEDULED HEARING on #2 MOTION for Miscellaneous Relief, specifically [Emergency] for Asset Freeze and Other Relief and Memorandum of Law in Support, #3 EMERGENCY MOTION to Appoint Receiver. Motion Hearing set for 3/6/2020 at 9:30 AM in Tampa Courtroom 15 B before Judge William F. Jung. (CCB) |
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Filing 9
ENDORSED ORDER re #6 Order on briefing schedule and hearing. Upon the parties' request, the deadline for filing responses to the motions at dockets #2 and #3 is 5:00 p.m. Wednesday, March 4, 2020. The hearing on the motions is continued to Friday, March 6, 2020. Separate notice setting the precise time will follow. Signed by Judge William F. Jung on 2/21/2020. (CCB)
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| Filing 8 SUMMONS issued as to El Morro Financial Group, LLC, KCL Services, LLC, KIH, Inc., Kinetic Funds I, LLC, Kinetic Investment Group, LLC, LF42, LLC, Scipio, LLC, Michael Scott Williams. (TDC) |
| Filing 7 NOTICE of HEARING on #2 MOTION for Miscellaneous Relief, specifically [Emergency] for Asset Freeze and Other Relief and Memorandum of Law in Support, #3 Emergency MOTION for Miscellaneous Relief, specifically for Appointment of Receiver and Memorandum of Law in Support . Motion Hearing set for 2/28/2020 at 9:00 AM in Tampa Courtroom 15 B before Judge William F. Jung. (CCB) |
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Filing 6
ORDER granting #4 Motion for expedited briefing and hearing in accord with attached order. Separate notice to follow. Signed by Judge William F. Jung on 2/21/2020. (CCB)
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| Filing 5 NEW CASE ASSIGNED to Judge William F. Jung and Magistrate Judge Sean P. Flynn. New case number: 8:20-cv-394-T-02SPF. (SJB) |
| Filing 4 MOTION for Miscellaneous Relief, specifically for Expedited Briefing and for Hearing on Emergency Motions by Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order)(Moot, Stephanie) |
| Filing 3 EMERGENCY MOTION for Appointment of Receiver and Memorandum of Law in Support by Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order)(Moot, Stephanie) Modified event and text on 2/24/2020 (JNB). |
| Filing 2 MOTION for Miscellaneous Relief, specifically [Emergency] for Asset Freeze and Other Relief and Memorandum of Law in Support by Securities and Exchange Commission. (Attachments: #1 Exhibit 1, Part 1, #2 Exhibit 1, Part 2, #3 Exhibit 1, Part 3, #4 Exhibit 2, Part 1, #5 Exhibit 2, Part 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, Part 1, #9 Exhibit 5, Part 2, #10 Exhibit 6, #11 Exhibit 7, #12 Exhibit 8, #13 Exhibit 9, #14 Exhibit 10, #15 Exhibit 11, #16 Exhibit 12, #17 Exhibit 13, #18 Exhibit 14, #19 Exhibit 15, #20 Exhibit 16, #21 Exhibit 17, #22 Exhibit 18, #23 Exhibit 19, #24 Exhibit 20, #25 Exhibit 21, #26 Exhibit 22, #27 Exhibit 23, #28 Exhibit 24, #29 Exhibit 25, #30 Exhibit 26, #31 Exhibit 27, #32 Exhibit 28, #33 Exhibit 29, #34 Exhibit 30, #35 Exhibit 31, #36 Exhibit 32, #37 Exhibit 33, #38 Exhibit 34, Part 1, #39 Exhibit 34, Part 2, #40 Exhibit 34, Part 3, #41 Exhibit 34, Part 4, #42 Exhibit 35, #43 Exhibit 36, #44 Exhibit 38, #45 Exhibit 39, #46 Exhibit 40, #47 Exhibit 41, #48 Exhibit 42, #49 Exhibit 43, #50 Exhibit 44, Part 1, #51 Exhibit 44, Part 2, #52 Exhibit 44, Part 3, #53 Exhibit 45, #54 Exhibit 46, #55 Exhibit 47, #56 Exhibit 48, #57 Exhibit 49, #58 Exhibit 50, #59 Exhibit 51, #60 Exhibit 52, #61 Appendix Index of Exhibits, #62 Text of Proposed Order)(Moot, Stephanie) |
| Filing 1 COMPLAINT for Injunctive and Other Relief and Demand for Jury Trial against El Morro Financial Group, LLC, KCL Services, LLC, KIH, Inc., Kinetic Funds I, LLC, Kinetic Investment Group, LLC, LF42, LLC, Scipio, LLC, Michael Scott Williams with Jury Demand filed by Securities and Exchange Commission. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons As to Kinetic Investment Group, LLC, #3 Proposed Summons As to Michael Scott Williams, #4 Proposed Summons As to Kinetic Funds I, LLC, #5 Proposed Summons As to KCL Services, LLC, #6 Proposed Summons As to Scipio, LLC, #7 Proposed Summons As to LF42, LLC, #8 Proposed Summons As to El Morro Financial Group, LLC, #9 Proposed Summons As to KIH, Inc.)(Moot, Stephanie) |
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