Securities and Exchange Commission v. Almagarby et al
| Securities and Exchange Commission |
| Microcap Equity Group, LLC and Ibrahim Almagarby |
| 0:2017cv62255 |
| November 17, 2017 |
| US District Court for the Southern District of Florida |
| Ft Lauderdale Office |
| Broward (Office: Ft Lauderdale) |
| Marcia G Cooke |
| Patrick M Hunt |
| Securities/Commodities |
| 15 U.S.C. § 0078 Securities Exchange Act |
| Defendant |
Docket Report
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| Filing 152 Pursuant to 11th Cir. R. 11-2 and 11th Cir. R. 11-3, the Clerk of the District Court for the Southern District of Florida certifies that the record is complete for purposes of this appeal re: #146 Notice of Appeal, Appeal No. 21-13755-BB. The entire record on appeal is available electronically. (apz) |
Filing 151
AMENDED ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND FINAL JUDGMENT AS TO IBRAHIM ALMAGARBY AND MICROCAP EQUITY GROUP, LLC, Adopting #138 Report and Recommendations on #120 Motion for Judgment. Signed by Judge Marcia G. Cooke on 2/15/2022. See attached document for full details. (pcs)
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Filing 150
ORDER GRANTING PLAINTIFF'S MOTION FOR AMENDMENT OF ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND FINAL JUDGMENT AS TO DEFENDANTS granting #145 Motion to Amend/Correct. Signed by Judge Marcia G. Cooke on 2/15/2022. See attached document for full details. (pcs)
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| Filing 149 Plaintiff's REPLY to #144 Order on Motion for Judgment,, Order on Report and Recommendations, and Final Judgment as to Defendanats by Securities and Exchange Commission. (Gordon, Robert) |
| Filing 148 RESPONSE in Opposition re #145 Plaintiff's MOTION to Amend/Correct #144 Order on Motion for Judgment,, Order on Report and Recommendations, filed by Ibrahim Almagarby, Microcap Equity Group, LLC. Replies due by 11/4/2021. (Katz, Joshua) |
| Filing 147 Acknowledgment of Receipt of NOA from USCA re #146 Notice of Appeal, filed by Ibrahim Almagarby, Microcap Equity Group, LLC. Date received by USCA: 10/28/21. USCA Case Number: 21-13755-BB. (hh) |
| Filing 146 Notice of Appeal as to #144 Order on Motion for Judgment,, Order on Report and Recommendations, by Ibrahim Almagarby, Microcap Equity Group, LLC. Filing fee $ 505.00 receipt number AFLSDC-15129400. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (Attachments: #1 Exhibit A, #2 Exhibit B)(Katz, Joshua) |
| Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #146 Notice of Appeal. Notice has been electronically mailed. (hh) |
| Filing 145 Plaintiff's MOTION to Amend/Correct #144 Order on Motion for Judgment,, Order on Report and Recommendations, by Securities and Exchange Commission. Responses due by 10/28/2021 (Attachments: #1 Exhibit A, #2 Exhibit B)(Gordon, Robert) |
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Filing 144
ORDER granting #120 Motion for Judgment; Adopting #138 Report and Recommendations on #120 Motion for Judgment, filed by Securities and Exchange Commission. Signed by Judge Marcia G. Cooke on 9/29/2021. See attached document for full details. (btn)
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| Filing 143 RESPONSE TO OBJECTION to #138 Report and Recommendations SEC's Response In Opposition to Defendants' Objections [DE 142] to Report and Recommendations of Magistrate Judge on Relief Against Defendants by Securities and Exchange Commission. (Attachments: #1 Exhibit Declaration of Jerome Dewitt)(Gordon, Robert) |
| Filing 142 OBJECTIONS to #138 Report and Recommendations regarding Motion for Remedies by Ibrahim Almagarby, Microcap Equity Group, LLC. (Katz, Joshua) |
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Filing 141
ENDORSED ORDER granting in part and denying in part #140 Motion for Extension of Time to File Objections to Report and Recommendations. Defendants shall file their objections on or before September 13, 2021. No further extensions of time will be granted. Signed by Judge Marcia G. Cooke on 9/2/2021. (btn)
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| Filing 140 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #138 REPORT AND RECOMMENDATIONS re #120 MOTION for Judgment SEC's Motion for Remedies against Defendants Ibrahim Almagarby and Microcap Equity Group, LLC, and Supporting Memorandum of Law filed by Securities and Exchange Commission Recom until September 29, 2021 by Ibrahim Almagarby, Microcap Equity Group, LLC. (Attachments: #1 Text of Proposed Order)(Katz, Joshua) |
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Filing 139
OMNIBUS ORDER denying #124 and #129 Defendants' Motion to Strike. Signed by Magistrate Judge Patrick M. Hunt on 8/16/2021. See attached document for full details. (bse)
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| Filing 138 REPORT AND RECOMMENDATIONS re #120 The SEC's Motion for Remedies: Recommending the Motion be GRANTED. Objections to R&R due by 8/30/2021. Signed by Magistrate Judge Patrick M. Hunt on 8/16/2021. See attached document for full details. (bse) |
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Filing 137
ENDORSED ORDER REFERRING to Judge Patrick M. Hunt #124 MOTION to Strike #120 MOTION for Judgment SEC's Motion for Remedies against Defendants Ibrahim Almagarby and Microcap Equity Group, LLC, and Supporting Memorandum of Law to Strike Declaration of Robert Lowry filed by Ibrahim Almagarby, Microcap Equity Group, LLC. This Motion was inadvertently omitted from the Court's April 9, 2021 Order 135 referring SEC's Motion for Remedies against Defendants Ibrahim Almagarby and Microcap Equity Group, LLC. As such, this Order clarifies the Court's intention and corrects its prior omission. Signed by Judge Marcia G. Cooke on 7/16/2021. (btn)
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Filing 136
ENDORSED ORDER REFERRING to Judge Patrick M. Hunt #129 MOTION to Strike the Declaration of Joseph Darragh and #124 MOTION to Strike #120 the Declaration of Robert Lowry. Signed by Judge Marcia G. Cooke on 4/9/2021. (btn)
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Filing 135
ENDORSED ORDER REFERRING #120 SEC's Motion for Remedies against Defendants Ibrahim Almagarby and Microcap Equity Group, LLC to Judge Patrick M. Hunt for a Report and Recommendation. Signed by Judge Marcia G. Cooke on 4/9/2021. (btn)
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| Filing 134 Plaintiff's Sur-Reply to #131 Reply to Response to Motion to Strike the Declaration of Joseph Darragh by Securities and Exchange Commission. (Gordon, Robert) |
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Filing 133
ENDORSED ORDER granting #132 Motion for Leave to File Sur-Reply. The Commission shall separately file the sur-reply within 5 days of the date of this Order. Signed by Judge Marcia G. Cooke on 12/23/2020. (btn)
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| Filing 132 Plaintiff's MOTION for Leave to File Sur-Reply to Defendants' Reply Memorandum by Securities and Exchange Commission. (Attachments: #1 Exhibit A Plaintiff's [Proposed] Sur-Reply Memorandum)(Gordon, Robert) |
| Filing 131 REPLY to Response to Motion re #129 MOTION to Strike the Declaration of Joseph Darragh, DE 126-2 filed by Ibrahim Almagarby, Microcap Equity Group, LLC. (Katz, Joshua) |
| Filing 130 RESPONSE in Opposition re #129 MOTION to Strike the Declaration of Joseph Darragh, DE 126-2 filed by Securities and Exchange Commission. Replies due by 12/11/2020. (Gordon, Robert) |
| Filing 129 MOTION to Strike the Declaration of Joseph Darragh, DE 126-2 by Ibrahim Almagarby, Microcap Equity Group, LLC. Responses due by 12/4/2020 (Katz, Joshua) |
| Filing 128 REPLY to Response to Motion re #124 MOTION to Strike #120 MOTION for Judgment SEC's Motion for Remedies against Defendants Ibrahim Almagarby and Microcap Equity Group, LLC, and Supporting Memorandum of Law to Strike Declaration of Robert Lowry filed by Ibrahim Almagarby, Microcap Equity Group, LLC. (Attachments: #1 Exhibit A - Plaintiff's Initial Disclosures, #2 Exhibit B - MEG's Transactions and Days Held Detail)(Katz, Joshua) |
| Filing 127 RESPONSE in Opposition re #124 MOTION to Strike filed by Securities and Exchange Commission. Replies due by 11/20/2020. (Gordon, Robert) Modified to correct link on 11/16/2020 (jua). |
| Filing 126 REPLY to Response to Motion re #120 MOTION for Judgment SEC's Motion for Remedies against Defendants Ibrahim Almagarby and Microcap Equity Group, LLC, and Supporting Memorandum of Law filed by Securities and Exchange Commission. (Attachments: #1 Exhibit A, #2 Exhibit B)(Gordon, Robert) |
| Filing 125 RESPONSE in Opposition re #120 MOTION for Judgment SEC's Motion for Remedies against Defendants Ibrahim Almagarby and Microcap Equity Group, LLC, and Supporting Memorandum of Law filed by Ibrahim Almagarby, Microcap Equity Group, LLC. Replies due by 11/13/2020. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit 1 to the Katz Declaration, #5 Exhibit 2 to the Katz Declaration, #6 Exhibit 3 to the Katz Declaration, #7 Exhibit 4 to the Katz Declaration, #8 Exhibit 5 to the Katz Declaration, #9 Exhibit 6 to the Katz Declaration, #10 Exhibit 7 to the Katz Declaration, #11 Exhibit 8 to the Katz Declaration, #12 Exhibit 9 to the Katz Declaration, #13 Exhibit 10 to the Katz Declaration, #14 Exhibit 11 to the Katz Declaration, #15 Exhibit 12 to the Katz Declaration)(Katz, Joshua) |
| Filing 124 MOTION to Strike #120 MOTION for Judgment SEC's Motion for Remedies against Defendants Ibrahim Almagarby and Microcap Equity Group, LLC, and Supporting Memorandum of Law to Strike Declaration of Robert Lowry by Ibrahim Almagarby, Microcap Equity Group, LLC. Responses due by 11/20/2020 (Katz, Joshua) |
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Filing 123
ENDORSED ORDER granting #122 Motion for Extension of Time to File Response to Motion. Defendants' Response to Plaintiffs Motion for Remedies (DE 120) must be filed on or before November 6, 2020. Signed by Judge Marcia G. Cooke on 11/2/2020. (btn)
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| Filing 122 MOTION for Extension of Time to File Response/Reply/Answer as to #120 MOTION for Judgment SEC's Motion for Remedies against Defendants Ibrahim Almagarby and Microcap Equity Group, LLC, and Supporting Memorandum of Law and to extend the deadline for Plaintiff's Reply until November 12, 2020 by Ibrahim Almagarby. (Attachments: #1 Text of Proposed Order)(Katz, Joshua) |
| Filing 121 NOTICE by Securities and Exchange Commission re #120 MOTION for Judgment SEC's Motion for Remedies against Defendants Ibrahim Almagarby and Microcap Equity Group, LLC, and Supporting Memorandum of Law Notice of Filing (Attachments: #1 [Corrected Proposed] Final Judgment) (Gordon, Robert) |
| Filing 120 MOTION for Judgment SEC's Motion for Remedies against Defendants Ibrahim Almagarby and Microcap Equity Group, LLC, and Supporting Memorandum of Law by Securities and Exchange Commission. (Attachments: #1 Declaration of J. DeWitt and Exhibits, #2 Declaration of J. Thibodeau and Exhibits, #3 Declaration of R. Lowry and Exhibits, #4 [Proposed] Final Judgment)(Gordon, Robert) |
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Filing 119
ORDER ESTABLISHING POST SUMMARY JUDGMENT BRIEFING SCHEDULE AND ADMINISTRATIVELY CLOSING CASE, (Brief due by 10/15/2020, Responses due by 10/29/2020, Replies due by 11/5/2020.) All pending motions are DENIED AS MOOT. Signed by Judge Marcia G. Cooke on 10/5/2020. See attached document for full details. (jao)
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| Filing 118 Joint REPORT of the Parties Regarding Outstanding Issues to be Decided Prior to Entry of Final Judgment by Securities and Exchange Commission (jc) |
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Filing 117
ENDORSED ORDER. This matter is before the Court on an independent review of the docket. It appears that all issues in this case have been resolved, and that judgment should be entered in favor of Plaintiff and against Defendants. See #112 ORDER granting #73 Motion for Summary Judgment; denying #74 Motion for Summary Judgment. Accordingly, it is hereby ORDERED that no later than August 31, 2020, the Parties shall file a joint report stating whether any issues remain pending in this case. The Parties shall not relitigate issues that have already been resolved, but merely identify what issues, if any, still require resolution by the Court. The Parties' joint report shall not exceed three pages in length. It is further ORDERED that, to the extent that no issues remain in the case, the Parties shall also jointly file a proposed final judgment. Signed by Judge Marcia G. Cooke on 8/17/2020. (kou)
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Filing 116
ENDORSED ORDER denying as moot #103 Motion in Limine pursuant to #112 ORDER granting #73 Motion for Summary Judgment; denying #74 Motion for Summary Judgment. Signed by Judge Marcia G. Cooke on 8/17/2020. (kou)
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Filing 115
ENDORSED ORDER denying as moot #97 Motion for Extension of Time to File. Signed by Judge Marcia G. Cooke on 8/17/2020. (kou)
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Filing 114
ENDORSED ORDER denying as moot #92 Motion in Limine pursuant to #112 ORDER granting #73 Motion for Summary Judgment; denying #74 Motion for Summary Judgment. Signed by Judge Marcia G. Cooke on 8/17/2020. (kou)
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Filing 113
ENDORSED ORDER denying as moot #77 Motion for Extension of Time. Signed by Judge Marcia G. Cooke on 8/17/2020. (kou)
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Filing 112
ORDER granting #73 Motion for Summary Judgment; denying #74 Motion for Summary Judgment. Signed by Judge Marcia G. Cooke on 8/17/2020. See attached document for full details. (kou)
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| Filing 111 Joint MOTION to Stay Trial and Excuse Calendar Call, Corrected by Ibrahim Almagarby, Microcap Equity Group, LLC. Responses due by 4/1/2020 (Attachments: #1 Text of Proposed Order)(Katz, Joshua) |
| Filing 110 NOTICE of Striking Joint Motion for Stay by Ibrahim Almagarby, Microcap Equity Group, LLC (Katz, Joshua) |
| Filing 109 (STRICKEN PER DE#110) Joint MOTION to Stay re 94 Order on Motion to Continue, to Stay Trial and Excuse Calendar Call by Ibrahim Almagarby, Microcap Equity Group, LLC. Responses due by 4/1/2020 (Katz, Joshua) Text Modified on 3/19/2020. (scn) |
| Filing 108 Witness List - CORRECTED Joint Filing by Securities and Exchange Commission.. (Gordon, Robert) |
| Filing 107 Witness List - Joint Filing by Securities and Exchange Commission.. (Gordon, Robert) |
| Filing 106 Proposed Voir Dire Questions by Securities and Exchange Commission. (Gordon, Robert) |
| Filing 105 Proposed Voir Dire Questions by Ibrahim Almagarby, Microcap Equity Group, LLC. (Katz, Joshua) |
| Filing 104 Proposed Jury Instructions by Securities and Exchange Commission. (Gordon, Robert) |
| Filing 103 Joint MOTION in Limine Summary Pursuant to 6/26/19 Order by Securities and Exchange Commission. (Gordon, Robert) |
| Filing 102 PRETRIAL STIPULATION by Securities and Exchange Commission (Attachments: #1 Exhibit A - Stipulated Facts, #2 Exhibit B - Plaintiff's Exhibits and Defendants' Objections, #3 Exhibit Defendants' Exhibit and Witness List and Plaintiff's Objections)(Gordon, Robert) |
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Filing 101
ENDORSED ORDER denying #100 Motion to Continue. Signed by Judge Marcia G. Cooke on 2/6/2020. (kou)
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| Filing 100 Joint MOTION to Continue /Reset Certain Pretrial Filing Deadlines by Securities and Exchange Commission. Responses due by 2/19/2020 (Attachments: #1 Text of Proposed Order)(Gordon, Robert) |
| Filing 99 REPLY to Response to Motion re #92 Plaintiff's MOTION in Limine to Exclude Expert Opinions of James R. Burns filed by Securities and Exchange Commission. (Gordon, Robert) |
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Filing 98
PAPERLESS ORDER denying as moot #81 Motion for Discovery in light of ECF No. 84. Signed by Magistrate Judge Patrick M. Hunt on 1/27/2020. (sl00)
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| Filing 97 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #96 Response in Opposition to Motion, by Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order)(Gordon, Robert) |
| Filing 96 RESPONSE in Opposition re #92 Plaintiff's MOTION in Limine to Exclude Expert Opinions of James R. Burns filed by Ibrahim Almagarby, Microcap Equity Group, LLC. Replies due by 1/24/2020. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Hunter, Mark) |
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Filing 95
ENDORSED ORDER granting #93 Motion for Extension of Time to File. Defendants shall file their Response to #92 Plaintiff's Motion In Limine on or before January 17, 2020. Signed by Judge Marcia G. Cooke on 1/3/2020. (kou)
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Filing 94
ENDORSED ORDER. The Parties' #90 Joint Motion for Continuance is hereby GRANTED. Accordingly, Calendar Call in this matter is hereby rescheduled for April 8, 2020 at 3:00 p.m. in Miami Division before Judge Marcia G. Cooke. The trial period shall begin on April 13, 2020 at 9:30 a.m. All other pretrial deadlines remain unchanged. Signed by Judge Marcia G. Cooke on 1/3/2020. (kou)
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| Filing 93 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #92 Plaintiff's MOTION in Limine to Exclude Expert Opinions of James R. Burns by Ibrahim Almagarby, Microcap Equity Group, LLC. (Attachments: #1 Text of Proposed Order)(Katz, Joshua) |
| Filing 92 Plaintiff's MOTION in Limine to Exclude Expert Opinions of James R. Burns by Securities and Exchange Commission. (Attachments: #1 Exhibit A - Burns Report, #2 Exhibit B - Lowry Report, #3 Exhibit C - Burns Deposition, #4 Exhibit D - Ironridge Burns Report, #5 Exhibit E - Ironridge Order Re Burns)(Gordon, Robert) |
| Filing 91 Clerks Notice to Filer re #90 Joint MOTION for Extension of Time (Trial Date) . Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls) |
| Filing 90 Joint Motion to Continue/Modification of Trial Date and Related Deadlines by Securities and Exchange Commission. Responses due by 12/31/2019 (Gordon, Robert) Modified Relief on 12/18/2019 (ls). |
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ENDORSED ORDER. The trial and calendar call dates set forth in the Court's July 31, 2019, Order are not available. Accordingly, Calendar Call in this matter is hereby rescheduled for February 12, 2020 at 3:00 p.m. in Miami Division before Judge Marcia G. Cooke. The trial period shall begin on February 18, 2020 at 9:30 a.m. All other pretrial deadlines remain unchanged. Signed by Judge Marcia G. Cooke on 12/3/2019. (kou)
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Filing 89
ENDORSED ORDER granting #85 Motion for Extension of Time. Parties shall have through and including November 18, 2019 to respond to one anothers oppositions to the cross-motions for summary judgment, and that Plaintiffs deadline for serving its expert rebuttal report shall be extended through and including December 2, 2019. Signed by Judge Marcia G. Cooke on 11/19/2019. (kou)
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| Filing 88 REPLY to Response to Motion re #73 Plaintiff's MOTION for Summary Judgment Against Defendants filed by Securities and Exchange Commission. (Gordon, Robert) |
| Filing 87 REPLY to Response to Motion re #74 Defendant's MOTION for Summary Judgment and Request for Oral Argument as related to Statement of Material Facts filed by Ibrahim Almagarby, Microcap Equity Group, LLC. (Sallah, James) |
| Filing 86 REPLY to Response to Motion re #74 Defendant's MOTION for Summary Judgment and Request for Oral Argument filed by Ibrahim Almagarby, Microcap Equity Group, LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E)(Sallah, James) |
| Filing 85 Joint MOTION for Extension of Time to File Response/Reply/Answer to Each Other's Oppositions to Cross-Motions for Summary Judgment and for the SEC's Expert Report in Rebuttal by Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order)(Gordon, Robert) |
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Filing 84
ENDORSED ORDER. The parties are hereby ordered to meaningfully confer on or before November 7, 2019, to determine whether they agree on the relief requested in #81 Defendant's Motion for Discovery. To the extent that the parties disagree then Plaintiff shall file a Response to #81 Defendant's Motion for Discovery on or before November 8, 2019. Signed by Judge Marcia G. Cooke on 11/5/2019. (kou)
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| Filing 83 Statement of: Disputed Facts and Statement of Undisputed Facts in Support of Response by Ibrahim Almagarby, Microcap Equity Group, LLC re #82 Response in Opposition to Motion, #73 Plaintiff's MOTION for Summary Judgment Against Defendants (Attachments: #1 Exhibit A - Affidavit of Ibrahim Almagarby dated Nov. 4, 2019, #2 Exhibit B - Affidavit of Ibrahim Almagarby dated Oct. 18, 2019)(Katz, Joshua) |
| Filing 82 RESPONSE in Opposition re #73 Plaintiff's MOTION for Summary Judgment Against Defendants filed by Ibrahim Almagarby, Microcap Equity Group, LLC. Replies due by 11/12/2019. (Attachments: #1 Exhibit A)(Katz, Joshua) |
| Filing 81 MOTION for Discovery pursuant to Fed. R. Civ. P. 56(d) by Ibrahim Almagarby, Microcap Equity Group, LLC. Responses due by 11/18/2019 (Attachments: #1 Text of Proposed Order)(Katz, Joshua) |
| Filing 80 Plaintiff's REPLY to #74 Defendant's MOTION for Summary Judgment and Request for Oral Argument by Securities and Exchange Commission. (Attachments: #1 Exhibit A)(Gordon, Robert) |
| Filing 79 MEMORANDUM in Opposition re #74 Defendant's MOTION for Summary Judgment and Request for Oral Argument by Securities and Exchange Commission. (Attachments: #1 Exhibit A)(Gordon, Robert) |
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Filing 78
ENDORSED ORDER granting #77 Motion for Extension of Time to File Response/Reply/Answer re: #74 Defendant's MOTION for Summary Judgment and #73 Plaintiff's Motion for Summary Judgment. The Parties shall have through and including November 4, 2019, to file their Responses to their respective Motions for Summary Judgment. Signed by Judge Marcia G. Cooke on 11/4/2019. (kou)
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| Filing 77 Joint MOTION for Extension of Time to File Response/Reply/Answer as to #74 Defendant's MOTION for Summary Judgment and Request for Oral Argument, #73 Plaintiff's MOTION for Summary Judgment Against Defendants until November 4, 2019 by Ibrahim Almagarby, Microcap Equity Group, LLC. (Attachments: #1 Text of Proposed Order)(Katz, Joshua) |
| Filing 76 NOTICE of Attorney Appearance by Sharifa Giselle Hunter on behalf of Ibrahim Almagarby, Microcap Equity Group, LLC. Attorney Sharifa Giselle Hunter added to party Ibrahim Almagarby(pty:dft), Attorney Sharifa Giselle Hunter added to party Microcap Equity Group, LLC(pty:dft). (Hunter, Sharifa) |
| Filing 75 Statement of: Undisputed Facts in Support of Motion for Summary Judgment by Ibrahim Almagarby, Microcap Equity Group, LLC re #74 Defendant's MOTION for Summary Judgment and Request for Oral Argument (Attachments: #1 Affidavit of Ibrahim Almagarby, #2 Transcripts Selection of Transcript of Ibrahim Almagarby, #3 Transcripts Selection of Transcript of Anthony Fusco)(Katz, Joshua) |
| Filing 74 Defendant's MOTION for Summary Judgment and Request for Oral Argument by Ibrahim Almagarby, Microcap Equity Group, LLC. Responses due by 11/1/2019 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Katz, Joshua) |
| Filing 73 Plaintiff's MOTION for Summary Judgment Against Defendants by Securities and Exchange Commission. Responses due by 11/1/2019 (Attachments: #1 Statement of Material Facts, #2 Exhibit Exhibit A to Motion - Excerpt of Almagarby Dep. Transcript, #3 Exhibit Exhibit B to Motion - Defendants' Responses to Requests for Admission, #4 Exhibit Exhibit C to Motion - Excerpt of Fusco Dep. Transcript, #5 Exhibit Exhibit D to Motion - Ex. 8 to Almagarby Dep., #6 Affidavit DeWitt Declaration, #7 Exhibit Exhibit 1 to DeWitt Declaration - Summary of Debt Purchases and Conversion Discounts, #8 Exhibit Exhibit 2 to DeWitt Declaration - Stock Transactions-Acquisitions by MEG, #9 Exhibit Exhibit 3 to DeWitt Declaration - Stock Transactions-Sales of Shares, #10 Exhibit Exhibit 4 to DeWitt Declaration - MEG Proceeds from DPA Sales, #11 Exhibit Exhibit 5 to DeWitt Declaration - Percentage of MEG's Sales Relative to Market, #12 Exhibit Exhibit 6 to DeWitt Declaration - Nov. 7-20, 2014 Email Chain)(Gordon, Robert) |
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Filing 72
ENDORSED ORDER granting #71 Motion for Leave to File Excess Pages. It is hereby ORDERED AND ADJUDGED that, in connection with any motions for summary judgment, the parties may file statements of facts that will not exceed 12 pages and motions/memorandums that will not exceed 25 pages. Signed by Judge Marcia G. Cooke on 10/16/2019. (kou)
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| Filing 71 Joint MOTION for Leave to File Excess Pages Re Motions for Summary Judgment by Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order Granting Joint Motion for Leave to Exceed Page Limits)(Gordon, Robert) |
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Filing 70
ENDORSED ORDER amending 69 . Pursuant to the Joint Motion to AMEND 69 Amended Order Setting Civil Trial Date and Pretrial Deadlines. The 69 Amended Order is further amended as follows: October 18, 2019: All dispositive and other pretrial motions not explicitly excludedby S.D. Fla. L.R. 7.1.A.1 and accompanying memoranda of law, must be filed. Signed by Judge Marcia G. Cooke on 10/8/2019. (kou)
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Filing 69
ENDORSED ORDER granting #68 Joint Motion to AMEND #58 Amended Order Setting Civil Trial Date and Pretrial Deadlines. The #58 Amended Order is further amended as follows: October 18, 2019: Plaintiff must preliminarily identify its expert rebuttal witness to the Defendants November 15, 2019: Plaintiff must furnish to the Defendants the final rebuttal expert witness list, along with the summaries/reports required by Fed. R. Civ. P. 26(a)(2), and only those expert witnesses will be permitted to testify. Within the period from November 15, 2019, to December 13, 2019, Plaintiff must make its expert(s) available for deposition by the Defendants. December 20, 2019: All Daubert and Markman motions and accompanying memoranda of law must be filed. All other pretrial deadlines not specially addressed in this Order remain unchanged. Signed by Judge Marcia G. Cooke on 10/8/2019. (kou) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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| Filing 68 Joint MOTION to Amend/Correct #58 Order on Motion for Extension of Time regarding Deadline for Dispositive Motions and Completion of Expert Discovery by Ibrahim Almagarby, Microcap Equity Group, LLC. Responses due by 10/22/2019 (Attachments: #1 Text of Proposed Order)(Katz, Joshua) |
| Filing 67 STATUS REPORT by Securities and Exchange Commission (Gordon, Robert) |
| Set/Reset Deadlines/Hearings Fact Discovery due by 6/28/2019. Dispositive Motions due by 7/12/2019. Pretrial Stipulation due by 10/2/2019. Calendar Call set for 12/4/2019 03:00 PM in Miami Division before Judge Marcia G. Cooke. Jury Trial set for 12/9/2019 09:30 AM in Miami Division before Judge Marcia G. Cooke. (kou) |
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Filing 66
PAPERLESS ORDER ALLOWING THE PARTIES TO CONTINUE CONFERRAL ON THE REMAINING DISCOVERY ISSUES UP TO AND INCLUDING 7/30/19, PURSUANT TO THE JOINT REQUEST OF THE PARTIES AND THE REPRESENTATION THAT THEY BELIEVE ALL ISSUES WILL BE RESOLVED WITHOUT THE NEED FOR COURT INTERVENTION IF THE ADDITIONAL TIME IS GRANTED. A FINAL STATUS REPORT SHALL BE FILED 7/31/19. Signed by Magistrate Judge Patrick M. Hunt on 7/23/2019. (sl00)
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| Filing 65 STATUS REPORT regarding Meet and Confer on Discovery by Ibrahim Almagarby, Microcap Equity Group, LLC (Katz, Joshua) |
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Filing 64
PAPERLESS ORDER denying #62 Motion to Compel without prejudice. The parties acknowledge that they have failed to confer in person or by telephone as required by this Court, ECF No. 9. The Defendants' filed the instant motion due to a discovery deadline that the parties requested but did not insure that the conferral requirements were met. The parties should confer in person or by phone and complete the written response that Plaintiff indicated it would provide. The written response should be completed by Plaintiff to the letter submitted by Defendants no later than July 17, 2019. The in person or telephonic conferral regarding the issues shall occur no later than July 19, 2019. On or before July 22, 2019, the parties shall file a joint status report advising this Court if the issues have been resolved or shall refile a proper motion only presenting the issues that are still in dispute no later than July 23, 2019. Signed by Magistrate Judge Patrick M. Hunt on 7/15/2019. (sl00)
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Filing 63
ENDORSED ORDER REFERRING #62 MOTION to Compel. Motion referred to Judge Patrick M. Hunt. Signed by Judge Marcia G. Cooke on 7/15/2019. (kou)
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| Filing 62 MOTION to Compel Better Responses to Discovery with Incorporated Memorandum of Law and Request for Oral Argument by Ibrahim Almagarby, Microcap Equity Group, LLC. Responses due by 7/26/2019 (Attachments: #1 Exhibit A - Plaintiff's Responses to First Request for Admission, #2 Exhibit B - Plaintiff's Answers to First Set of Interrogatories, #3 Exhibit C - No-Action Letter, Burton Securities, #4 Exhibit D - No-Action Letter, Nat'l Council of Savings Institutions, #5 Exhibit E - No-Action Letter, Davenport Mgmt., Inc., #6 Exhibit F - No-Action Letter, Acqua Wellington North American Equities Fund, Ltd., #7 Exhibit G - Letter dated June 20, 2019 to Counsel for Plaintiff)(Katz, Joshua) |
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Filing 61
PAPERLESS ORDER granting #60 Unopposed Motion for Extension of Time within which to file Motion to Compel. Signed by Magistrate Judge Patrick M. Hunt on 7/10/2019. (sl00)
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| Filing 60 Unopposed MOTION for Extension of Time to File Motion to Compel by Ibrahim Almagarby, Microcap Equity Group, LLC. Responses due by 7/17/2019 (Katz, Joshua) |
| Filing 59 TRANSCRIPT of Motion Hearing held on 10/1/18 before Judge Marcia G. Cooke, 1-27 pages, Court Reporter: Diane Peede, 305-523-5635 / flsd_crsection@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/22/2019. Redacted Transcript Deadline set for 8/1/2019. Release of Transcript Restriction set for 9/30/2019. (hh) |
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Filing 58
AMENDED ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL DEADLINES. Signed by Judge Marcia G. Cooke on 6/26/2019. See attached document for full details. (kou)
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| Filing 57 MOTION for Extension of Time regarding scheduling order deadlines by Securities and Exchange Commission. Responses due by 7/8/2019 (Attachments: #1 Proposed Order)(Hicks, William) |
| Filing 56 NOTICE of Change of Address by Robert K. Gordon (Gordon, Robert) |
| Filing 55 NOTICE of Change of Address by William Paul Hicks (Hicks, William) |
| Filing 54 NOTICE of Attorney Appearance by Robert Charles Harris on behalf of Ibrahim Almagarby, Microcap Equity Group, LLC (Harris, Robert) |
| Filing 53 NOTICE of Striking #52 Notice of Attorney Appearance, filed by Ibrahim Almagarby, Microcap Equity Group, LLC by Ibrahim Almagarby, Microcap Equity Group, LLC (Harris, Robert) |
| Filing 52 STRICKEN - NOTICE of Attorney Appearance by Robert Charles Harris on behalf of Ibrahim Almagarby, Microcap Equity Group, LLC. Attorney Robert Charles Harris added to party Ibrahim Almagarby(pty:dft), Attorney Robert Charles Harris added to party Microcap Equity Group, LLC(pty:dft). (Harris, Robert) Modified to strike per DE #53 on 5/7/2019 (pes). |
| Filing 51 NOTICE of Attorney Appearance by Jenny Daphne Johnson-Sardella on behalf of Ibrahim Almagarby, Microcap Equity Group, LLC. Attorney Jenny Daphne Johnson-Sardella added to party Ibrahim Almagarby(pty:dft), Attorney Jenny Daphne Johnson-Sardella added to party Microcap Equity Group, LLC(pty:dft). (Johnson-Sardella, Jenny) |
| Filing 50 NOTICE of Attorney Appearance by Mark David Hunter on behalf of Ibrahim Almagarby, Microcap Equity Group, LLC. Attorney Mark David Hunter added to party Ibrahim Almagarby(pty:dft), Attorney Mark David Hunter added to party Microcap Equity Group, LLC(pty:dft). (Hunter, Mark) |
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Filing 49
ENDORSED ORDER granting #48 Joint Motion for Amended Scheduling Order. The trial and pretrial deadlines are amended as follows:June 3, 2019: Mediation completionJune 7, 2019: Disclosure of fact witnessesJune 28, 2019: Fact Discovery DeadlineJuly 12, 2019: Dispositive Motions DeadlineOctober 2, 2019: Joint Pretrial Stipulation November 20, 2019: Proposed jury instructions/verdict formDecember 4, 2019: Calendar call December 9, 2019: Trial beginsSigned by Judge Marcia G. Cooke on 4/29/2019. (kou)
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| Filing 48 Joint MOTION to Amend/Correct Scheduling Order in Light of Mediation by Securities and Exchange Commission. Responses due by 5/8/2019 (Attachments: #1 Text of Proposed Order)(Hicks, William) |
| Filing 47 NOTICE by Securities and Exchange Commission Notice of Intent to Serve Subpoena (Attachments: #1 Subpoena) (Hicks, William) |
| Filing 46 NOTICE of Attorney Appearance by William Paul Hicks on behalf of Securities and Exchange Commission. Attorney William Paul Hicks added to party Securities and Exchange Commission(pty:pla). (Hicks, William) |
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Filing 45
ENDORSED ORDER granting #44 Joint Motion for Amended Scheduling Order. The trial and pretrial deadlines are amended as follows:April 26, 2019: Parties shall furnish opposing counsel with a written list containing the names and addresses of all fact witnesses intended to be called at trial and only those witnesses listed shall be permitted to testify. May 17, 2019: All fact discovery must be completed. May 24, 2019: All dispositive and other pretrial motions not explicitly excluded by Local Rule 7.1(a)(1) must be filed. May 31, 2019: Plaintiff must furnish expert witness list to the Defendant, along with the summaries/reports required by Fed. R. Civ. P. 26(a)(2), and only those expert witnesses shall be permitted to testify. Within the fourteen-day period thereafter, Plaintiff shall make its experts available for deposition by Defendant. June 14, 2019: Defendant must furnish expert witness list to the Plaintiff, along with the summaries/reports required by Fed. R. Civ. P. 26(a)(2), and only those expert witnesses shall be permitted to testify. Within the fourteen-day period thereafter, Defendant shall make its experts available for deposition by Plaintiff. June 28, 2019: All expert discovery must be completed. July 5, 2019: All Daubert and Markman motions must be filed. July 12, 2019: The parties shall attend a mediation conference on or before this date.August 14, 2019: Joint Pretrial Stipulation and Joint Summary of Motions In Limine must be filed. September 20, 2019: Final proposed jury instructions, verdict form, trial witness list, and proposed voir dire questions are due. September 25, 2019: Calendar Call scheduled for 3:00 p.m. in Miami Division before Judge Marcia G. Cooke. The two-week trial period shall begin on September 30, 2019. Signed by Judge Marcia G. Cooke on 2/6/2019. (ecz)
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| Filing 44 Joint MOTION to Continue Scheduling Order Dates by Securities and Exchange Commission. Responses due by 2/19/2019 (Attachments: #1 [Proposed] Amended Scheduling Order)(Gordon, Robert) |
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Filing 43
ORDER AFTER HEARING. Signed by Judge Marcia G. Cooke on 12/4/2018. See attached document for full details. (ecz)
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| Filing 42 ANSWER and Affirmative Defenses to Complaint with Jury Demand by Ibrahim Almagarby, Microcap Equity Group, LLC. (Katz, Joshua) |
| Filing 41 PAPERLESS Minute Entry for proceedings held before Judge Marcia G. Cooke: Motion Hearing held on 10/1/2018 re #13 Corrected MOTION TO DISMISS 12 Order on Motion for Leave to File, #1 Complaint FOR FAILURE TO STATE A CLAIM with Supporting Memorandum of Law and Request for Oral Argument filed by Ibrahim Almagarby, Microcap Equity Group, LLC. Total time in court: 30 minutes. Attorney Appearances: James D. Sallah, Joshua Francis Bautz, Robert K. Gordon. Court Reporter: Diane Peede, 305-523-5048 / Diane_Peede@flsd.uscourts.gov. (im) |
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Filing 40
SECOND ORDER GRANTING LEAVE TO BRING ELECTRONIC EQUIPMENT INTO THE COURTHOUSE. Signed by Judge Marcia G. Cooke on 9/26/2018. See attached document for full details. (ecz)
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| Filing 39 NOTICE OF RESCHEDULED HEARING ON MOTION. Due to an ongoing criminal trial, the Court must reschedule the oral argument regarding #13 Defendants' Corrected Motion to Dismiss Plaintiff's Complaint scheduled for September 27, 2018. Oral argument regarding Defendants' Motion shall now be heard on October 1, 2018 at 9:30 a.m. The Court will enter a new Order Granting Leave to Bring Electronic Equipment into the Courthouse to reflect the change. (ecz) |
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Filing 38
ORDER GRANTING LEAVE TO BRING ELECTRONIC EQUIPMENT INTO THE COURTHOUSE. Signed by Judge Marcia G. Cooke on 9/26/2018. See attached document for full details. (ecz)
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| Filing 37 NOTICE by Ibrahim Almagarby, Microcap Equity Group, LLC Intent to Use PowerPoint Presentation During Oral Argument (Bautz, Joshua) |
| Filing 36 Amended MOTION to Bring Electronic Equipment into the courtroom with memorandum of law by Ibrahim Almagarby, Microcap Equity Group, LLC. Responses due by 10/9/2018 (Attachments: #1 Text of Proposed Order)(Cox, Jeffrey) |
| Filing 35 NOTICE of Attorney Appearance by Joshua Francis Bautz on behalf of Ibrahim Almagarby, Microcap Equity Group, LLC. Attorney Joshua Francis Bautz added to party Ibrahim Almagarby(pty:dft), Attorney Joshua Francis Bautz added to party Microcap Equity Group, LLC(pty:dft). (Bautz, Joshua) |
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Filing 34
PAPERLESS ORDER denying without prejudice #33 Unopposed Motion to Allow Counsel Access to Laptop Computers During Oral Argument Regarding Defendants' Corrected Motion to Dismiss Plaintiff's Complaint. To satisfy U.S. Marshals Service requirements, an order permitting individuals to bring electronic equipment into the courthouse must name each individual and list exactly what electronic equipment each individual will bring. Defendants should revise their Motion and proposed order accordingly. Signed by Judge Marcia G. Cooke on 9/25/2018. (ecz)
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| Filing 33 Unopposed MOTION to Bring Electronic Equipment into the courtroom with memorandum of law by Ibrahim Almagarby, Microcap Equity Group, LLC. Responses due by 10/9/2018 (Attachments: #1 Text of Proposed Order)(Cox, Jeffrey) |
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Filing 32
PAPERLESS ORDER granting #31 Motion for Substitution of Counsel. Attorney Robert K. Gordon is added for the Securities and Exchange Commission. Attorneys Amy J. Oliver and Daniel J. Wadley are terminated. Signed by Magistrate Judge Patrick M. Hunt on 9/18/2018. (hhr)
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| Filing 31 STIPULATED MOTION for Substitution of Counsel. Substituting Robert K. Gordon for 1.Amy J. Oliver and Daniel J. Wadley by Securities and Exchange Commission. Responses due by 10/2/2018 (Oliver, Amy) |
| Filing 30 NOTICE OF RESCHEDULED HEARING ON MOTION. Oral argument regarding #13 Defendants' Corrected Motion to Dismiss Plaintiff's Complaint has been rescheduled for September 27, 2018 at 11:30 a.m. in the Miami Division before Judge Marcia G. Cooke. Signed by Judge Marcia G. Cooke on 9/5/2018. (ecz) |
| Filing 29 NOTICE OF HEARING ON MOTION. Oral argument regarding #13 Defendants' Corrected Motion to Dismiss Plaintiff's Complaint shall be heard on September 19, 2018 at 2:30 p.m. in the Miami Division before Judge Marcia G. Cooke. Signed by Judge Marcia G. Cooke on 9/5/2018. (ecz) |
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Filing 28
PAPERLESS ORDER denying as moot #26 Motion for Extension of Time in that the undersigned presumes that the parties resolved the issues contained in ECF No. 26 in light of the requirements and instructions provided in ECF No. 27. Signed by Magistrate Judge Patrick M. Hunt on 8/7/2018. (sl00)
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Filing 27
PAPERLESS ORDER requiring the parties to review the undersigned's Order on Discovery Procedures, ECF No. 9. There is no certification contained in the Unopposed Motion for Extension of Time to File the Attached Motion to Compel, ECF No. 26 that indicates that the parties either met in person or by phone as required by this Court. The defendant only indicates that correspondence was exchanged in an effort to resolve the issues. Further, the Motion violates this Court's Order by exceeding the page limitation. The parties are to meet and confer in person or by phone to resolve any and all issues presented. Additionally, Defendant shall file a Motion that complies with the page limitations set out by this Court if the parties are unable to resolve all disputed issues. Signed by Magistrate Judge Patrick M. Hunt on 6/20/2018. (sl00)
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| Filing 26 Unopposed MOTION for Extension of Time to File Attached Motion to Compel regarding Discovery by Ibrahim Almagarby, Microcap Equity Group, LLC. Responses due by 7/2/2018 (Attachments: #1 Exhibit 1 - Motion to Compel, #2 Exhibit A - to Motion to Compel, #3 Exhibit B - to Motion to Compel, #4 Exhibit C - to Motion to Compel, #5 Exhibit D - to Motion to Compel, #6 Exhibit E - to Motion to Compel, #7 Exhibit F - to Motion to Compel, #8 Text of Proposed Order)(Katz, Joshua) |
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Filing 25
ENDORSED ORDER denying as moot #10 Motion to Dismiss Plaintiff's Complaint. Signed by Judge Marcia G. Cooke on 4/25/2018. (ecz)
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Filing 24
ENDORSED ORDER granting #23 Unopposed Motion to File Reply Out of Time Nunc Pro Tunc. Signed by Judge Marcia G. Cooke on 3/7/2018. (ecz)
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| Filing 23 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #22 Reply to Response to Motion, Nunc Pro Tunc by Ibrahim Almagarby, Microcap Equity Group, LLC. (Attachments: #1 Text of Proposed Order)(Katz, Joshua) Modified Link on 3/6/2018 (ls). |
| Filing 22 REPLY to Response to Motion re #13 Corrected MOTION TO DISMISS 12 Order on Motion for Leave to File, #1 Complaint FOR FAILURE TO STATE A CLAIM with Supporting Memorandum of Law and Request for Oral Argument filed by Ibrahim Almagarby, Microcap Equity Group, LLC. (Katz, Joshua) |
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Filing 21
ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL DEADLINES: ( Bench Trial set for 8/19/2019 09:30 AM in Miami Division before Judge Marcia G. Cooke., Calendar Call set for 8/14/2019 03:00 PM in Miami Division before Judge Marcia G. Cooke., Amended Pleadings due by 1/4/2019., Expert Discovery due by 5/17/2019., Fact Discovery due by 4/5/2019., Joinder of Parties due by 1/4/2019., Final proposed jury instructions and verdict form Deadline 8/9/2019., In Limine Motions due by 7/3/2019., Dispositive Motions due by 4/12/2019., Daubert and Markman Motions due by 5/24/2019., Pretrial Stipulation due by 7/3/2019.), ORDER REFERRING CASE to Mediation. Mediation Deadline 5/31/2019. Signed by Judge Marcia G. Cooke on 2/22/2018. (tm) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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Filing 20
ENDORSED ORDER granting #19 Unopposed Motion for Extension of Time to File Reply in support of Corrected Motion to Dismiss. Reply due on or before March 1, 2018. Signed by Judge Marcia G. Cooke on 2/21/2018. (ecz)
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| Filing 19 Unopposed MOTION for Extension of Time to File Response/Reply/Answer Memo in Opp to Almargarby's Corrected Motion to Dismiss Plaintiff's Complaint by Ibrahim Almagarby, Microcap Equity Group, LLC. Attorney James D. Sallah added to party Ibrahim Almagarby(pty:dft), Attorney James D. Sallah added to party Microcap Equity Group, LLC(pty:dft). (Sallah, James) |
| Filing 18 RESPONSE in Opposition re #13 Corrected MOTION TO DISMISS 12 Order on Motion for Leave to File, #1 Complaint FOR FAILURE TO STATE A CLAIM with Supporting Memorandum of Law and Request for Oral Argument filed by Securities and Exchange Commission. Replies due by 2/22/2018. (Wadley, Daniel) |
| Filing 17 SCHEDULING REPORT - Rule 16.1 by Securities and Exchange Commission (Attachments: #1 Text of Proposed Order)(Oliver, Amy) |
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Filing 16
ENDORSED ORDER granting #15 Unopposed Motion for Extension of Time to File Response to Corrected Motion to Dismiss. Response due on or before February 15, 2018. Signed by Judge Marcia G. Cooke on 1/26/2018. (ecz)
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| Filing 15 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #13 Corrected MOTION TO DISMISS 12 Order on Motion for Leave to File, #1 Complaint FOR FAILURE TO STATE A CLAIM with Supporting Memorandum of Law and Request for Oral Argument by Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order)(Oliver, Amy) |
| Filing 14 NOTICE of Attorney Appearance by Jeffrey L. Cox on behalf of Ibrahim Almagarby, Microcap Equity Group, LLC. Attorney Jeffrey L. Cox added to party Ibrahim Almagarby(pty:dft), Attorney Jeffrey L. Cox added to party Microcap Equity Group, LLC(pty:dft). (Cox, Jeffrey) |
| Filing 13 Corrected MOTION TO DISMISS 12 Order on Motion for Leave to File, #1 Complaint FOR FAILURE TO STATE A CLAIM with Supporting Memorandum of Law and Request for Oral Argument by Ibrahim Almagarby, Microcap Equity Group, LLC. Responses due by 2/1/2018 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Katz, Joshua) |
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Filing 12
ENDORSED ORDER granting #11 Unopposed Motion for Leave to File Corrected Motion to Dismiss. Clerks Notice: Filer must separately re-file the corrected motion pursuant to Local Rule 15.1, unless otherwise ordered by the Judge. Signed by Judge Marcia G. Cooke on 1/18/2018. (ecz)
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| Filing 11 Unopposed MOTION for Leave to File Corrected Motion to Dismiss Complaint by Ibrahim Almagarby, Microcap Equity Group, LLC. (Attachments: #1 Exhibit 1 - Corrected Motion to Dismiss, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Text of Proposed Order)(Katz, Joshua) |
| Filing 10 MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM with Supporting Memorandum of Law by Ibrahim Almagarby, Microcap Equity Group, LLC. Attorney Joshua Arnold Katz added to party Ibrahim Almagarby(pty:dft), Attorney Joshua Arnold Katz added to party Microcap Equity Group, LLC(pty:dft). Responses due by 1/30/2018 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Katz, Joshua) |
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Filing 9
GENERAL ORDER ON DISCOVERY OBJECTIONS AND PROCEDURES BEFORE UNITED STATES MAGISTRATE JUDGE PATRICK M. HUNT. See Order attached for details that modifies deadlines, page limitations and the discovery objections and conferral requirements before the undersigned. Signed by Magistrate Judge Patrick M. Hunt on 1/4/2018. (sl00)
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| Filing 8 Clerks Notice of Docket Correction re #5 Order Referring Case to Magistrate Judge. Document Restricted Due to Error; The original document contained a scrivener's error with regard to the Magistrate Judge's name. The corrected document has been attached to this notice. (tm) |
| Filing 7 Notice of Court Practice re Joint Motions Signed by Judge Marcia G. Cooke on 1/2/2018. (tm) |
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Filing 6
Order Requiring Joint Scheduling Report Signed by Judge Marcia G. Cooke on 1/2/2018. (tm)
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Filing 5
ORDER REFERRING CASE to Magistrate Judge Patrick M. Hunt for Pretrial Non-Dispositive Matters. Signed by Judge Marcia G. Cooke on 1/2/2018. (tm) (Main Document 5 replaced on 1/3/2018) (tm).
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| Filing 4 WAIVER OF SERVICE Returned Executed by Securities and Exchange Commission. Microcap Equity Group, LLC waiver sent on 11/17/2017, answer due 1/16/2018. (Oliver, Amy) |
| Filing 3 WAIVER OF SERVICE Returned Executed by Securities and Exchange Commission. Ibrahim Almagarby waiver sent on 11/17/2017, answer due 1/16/2018. (Oliver, Amy) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Marcia G. Cooke. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Patrick M. Hunt is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (pes) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00. USA Filer - No Filing Fee Required, filed by Securities and Exchange Commission. (Attachments: #1 Civil Cover Sheet)(Oliver, Amy) |
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