Weir et al v. Stagg et al
Plaintiff: Steaphan Weir, Chad Needy, Michael D'Ambrose, Layne Bednar, Liam Weir, Matthew Johnson, Robert Winslow, Rhonny Valentine and Thomas Dorman
Defendant: Scott A Stagg, Stagg Capital Group, LLC, Distressed High Yield Trading Opportunities Fund, LTD., SV Special Situations Fund, LLC, SV Special Situations Master Fund LTD., Amir Khan, Brian Trainor, Does 1 to 50, Richard Cooke, Ken Looney and Michael Ciberey
Case Number: 1:2009cv21745
Filed: June 24, 2009
Court: US District Court for the Southern District of Florida
Office: Miami Office
County: Miami-Dade
Presiding Judge: Patricia A Seitz
Referring Judge: Andrea M Simonton
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on July 2, 2012. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 2, 2012 Filing 156 NOTICE by Michael Ciberey, Richard Cooke, Amir Khan(individually), Amir Khan(and as a director of Smart SMS Corp. And Stagg Capital Group, LLC, et al), Ken Looney, SV Special Situations Fund, LLC, SV Special Situations Master Fund LTD., Scott A Stagg(individually), Scott A Stagg(as a director of Smart SMS Corp., and Stagg Capital Group, LLC, et al.), Stagg Capital Group, LLC, Brian Trainor(as an officer of Smart SMS Corp., An employee of Stagg Capital Group, LLC, et al), Brian Trainor(individually) re #152 Judgment Satisfaction of Judgment (Rabin, Adam)
April 30, 2012 Filing 155 NOTICE by Michael Ciberey, Richard Cooke, Amir Khan(individually), Amir Khan(and as a director of Smart SMS Corp. And Stagg Capital Group, LLC, et al), Ken Looney, SV Special Situations Fund, LLC, SV Special Situations Master Fund LTD., Scott A Stagg(individually), Scott A Stagg(as a director of Smart SMS Corp., and Stagg Capital Group, LLC, et al.), Stagg Capital Group, LLC, Brian Trainor(as an officer of Smart SMS Corp., An employee of Stagg Capital Group, LLC, et al), Brian Trainor(individually) re #154 Notice of Hearing by Attorney of Cancellation of Hearing (Rabin, Adam)
April 23, 2012 Filing 154 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 5/2/2012 10:30 AM in Miami Division before Magistrate Judge Andrea M. Simonton. (Rabin, Adam)
April 20, 2012 Filing 153 NOTICE of Change of Address by Adam Rabin (Rabin, Adam)
January 17, 2012 Filing 152 FINAL JUDGMENT Of Attorney's Fees and Costs in favor of the Defendants against the Plaintiffs. Signed by Judge Patricia A. Seitz on 1/17/2012. (ots)
January 17, 2012 Opinion or Order Filing 151 ORDER granting #117 Motion for Bill of Costs; granting #119 Motion for Attorney Fees; adopting Report and Recommendations re #150 Report and Recommendations. Certificate of Appealability: No Ruling. Signed by Judge Patricia A. Seitz on 1/17/2012. (ots)
December 15, 2011 Filing 150 REPORT AND RECOMMENDATIONS recommending granting #117 Defendants' Motion for Bill of Costs and #119 Defendants' Motion for Attorney Fees and Costs filed by Amir Khan, Stagg Capital Group, LLC, SV Special Situations Master Fund LTD., SV Special Situations Fund, LLC, Richard Cooke, Michael Ciberey, Scott A Stagg, Ken Looney, Brian Trainor. Objections to R&R due by 1/3/2012. Signed by Magistrate Judge Andrea M. Simonton on 12/15/2011. (par)
November 29, 2011 Filing 149 Notification of Ninety Days Expiring by Michael Ciberey, Richard Cooke, Amir Khan(individually), Amir Khan(and as a director of Smart SMS Corp. And Stagg Capital Group, LLC, et al), Ken Looney, SV Special Situations Fund, LLC, SV Special Situations Master Fund LTD., Scott A Stagg(individually), Scott A Stagg(as a director of Smart SMS Corp., and Stagg Capital Group, LLC, et al.), Stagg Capital Group, LLC, Brian Trainor(as an officer of Smart SMS Corp., An employee of Stagg Capital Group, LLC, et al), Brian Trainor(individually) re #147 Order Dismissing Case (Rabin, Adam)
September 26, 2011 Filing 148 NOTICE by Michael Ciberey, Richard Cooke, Amir Khan(individually), Ken Looney, SV Special Situations Fund, LLC, SV Special Situations Master Fund LTD., Scott A Stagg(individually), Stagg Capital Group, LLC, Brian Trainor(as an officer of Smart SMS Corp., An employee of Stagg Capital Group, LLC, et al) re #147 Order Dismissing Case Notice that Defendants Will Not Be Filing a Supplemental Motion for Fees and Costs (Rabin, Adam)
August 31, 2011 Opinion or Order Filing 147 ORDER DISMISSING Action Without Prejudice But With ConditionsSigned by Judge Patricia A. Seitz on 8/31/2011. (ots)
August 31, 2011 Opinion or Order Filing 146 ORDER granting #136 Motion to Dismiss; granting #137 Motion to Dismiss Signed by Judge Patricia A. Seitzon 8/31/2011. (ots) Modified to show motions were granted on 8/31/2011 (ots).
August 3, 2011 Opinion or Order Filing 145 ORDER ON INFORMAL DISCOVERY CONFERENCE. Signed by Magistrate Judge Andrea M. Simonton on 8/3/2011. (par)
August 3, 2011 Opinion or Order Filing 144 GENERAL ORDER ON DISCOVERY OBJECTIONS. Signed by Magistrate Judge Andrea M. Simonton on 8/3/2011. (par)
August 3, 2011 Filing 143 TEXT Minute Entry for proceedings held before Magistrate Judge Andrea M. Simonton: Telephonic Discovery Hearing held on 8/3/2011. Pro Se Plaintiffs, Steaphan Weir and Layne Bednar, telephonically appeared at this hearing. Attorney Evan Frederick telephonically appeared on behalf of the Defendants. Oral arguments heard. All discovery to be responded to by 8/19/2011. Written order to follow. (Digital 11:42:54.) (aw)
August 2, 2011 Filing 142 NOTICE by Amir Khan(individually), Scott A Stagg(individually) re #141 Memorandum, Certificate of Conference (Rabin, Adam)
August 1, 2011 Filing 141 MEMORANDUM in Opposition re #74 Amended Complaint,, #137 MOTION to Dismiss #74 Amended Complaint,,, #80 Motion to Dismiss, #136 MOTION to Dismiss #74 Amended Complaint,, and Motion to Dismiss Plaintiffs' Second Amended Complaint with Prejudice by Amir Khan(individually), Scott A Stagg(individually). (Attachments: #1 Exhibit Emails, #2 Exhibit Notices of Deposition)(Frederick, Evan)
July 27, 2011 Filing 140 NOTICE OF UNAVAILABILITY by Amir Khan(individually), Scott A Stagg(individually) for dates of 08/05/11 - 08/16/11 (Rabin, Adam)
July 25, 2011 Filing 139 Notification of Ninety Days Expiring as to Motion for Attorneys' Fees and Costs by Amir Khan(individually), Scott A Stagg(individually) (Rabin, Adam)
July 18, 2011 Filing 138 NOTICE by Amir Khan(individually), Scott A Stagg(individually) re #137 MOTION to Dismiss #74 Amended Complaint,,, #136 MOTION to Dismiss #74 Amended Complaint,, (Frederick, Evan)
July 18, 2011 Filing 137 MOTION to Dismiss without Prejudice #74 Amended Complaint,, by Liam Weir. Responses due by 8/4/2011 (yha)
July 18, 2011 Filing 136 MOTION to Dismiss without Prejudice #74 Amended Complaint,, by Layne Bednar(on behalf of themselves and all shareholders of Smart SMS Corp., a Florida corporation similarly situated). Responses due by 8/4/2011 (yha)
July 14, 2011 Filing 135 NOTICE of Hearing by ATTORNEY re: DISCOVERY HEARING set for 11:30 a.m. on 08/03/2011, before Magistrate Judge Andrea M. Simonton (Frederick, Evan)
May 31, 2011 Opinion or Order Filing 134 ORDER Scheduling Mediation before Jeffrey Grubman Mediation Hearing set for 7/28/2011 10:00 AM. Signed by Judge Marcia G. Cooke for Patricia A. Seitz on 5/31/2011. (ls)
May 26, 2011 Filing 133 NOTICE by Amir Khan(individually), Scott A Stagg(individually) of Filing Proposed Order Scheduling Mediation (Attachments: #1 Text of Proposed Order)(Rabin, Adam)
May 23, 2011 Filing 132 Clerk's Notice of Undeliverable Mail re #129 Order, #128 Discovery Hearing. US Mail returned for: return to sender forward time expired unable to forward. Updated address found and document resent to new address. U.S. Mail returned for Steaphan Weir(rb)
May 16, 2011 Filing 131 NOTICE of Filing Discovery: Objections and Responses by Amir Khan(individually), Amir Khan(and as a director of Smart SMS Corp. And Stagg Capital Group, LLC, et al), Scott A Stagg(individually), Scott A Stagg(as a director of Smart SMS Corp., and Stagg Capital Group, LLC, et al.).(Rabin, Adam)
May 6, 2011 Filing 130 NOTICE OF UNAVAILABILITY by Amir Khan(individually), Scott A Stagg(individually) for dates of May 9 - May 13, 2011 (Rabin, Adam)
May 6, 2011 Opinion or Order Filing 129 ORDER On Informal Discovery Conference. Signed by Magistrate Judge Andrea M. Simonton on 5/6/2011. (par)
May 6, 2011 Filing 128 Minute Entry for proceedings held before Magistrate Judge Andrea M. Simonton: Discovery Hearing held on 5/6/2011 to compel pltf's., to appear in the S.D. of Fl., for depo's. (Digital 15:03:27.) (nf)
April 25, 2011 Filing 127 NOTICE of Hearing by ATTORNEY re: Discovery Hearing set for 11:00 a.m. on 05/06/2011 (Rabin, Adam)
April 25, 2011 Filing 126 REPLY to Response to Motion re #119 Defendant's MOTION for Attorney Fees and Costs filed by Michael Ciberey, Richard Cooke, Amir Khan(individually), Amir Khan(and as a director of Smart SMS Corp. And Stagg Capital Group, LLC, et al), Ken Looney, SV Special Situations Fund, LLC, SV Special Situations Master Fund LTD., Scott A Stagg(individually), Scott A Stagg(as a director of Smart SMS Corp., and Stagg Capital Group, LLC, et al.), Stagg Capital Group, LLC, Brian Trainor(as an officer of Smart SMS Corp., An employee of Stagg Capital Group, LLC, et al), Brian Trainor(individually). (Rabin, Adam)
April 19, 2011 Filing 125 NOTICE of Mediator Selection: Jeffrey Grubman selected.(Rabin, Adam)
April 18, 2011 Filing 124 RESPONSE to Motion re #119 Defendant's MOTION for Attorney Fees and Costs filed by Layne Bednar(individually), Liam Weir, Steaphan Weir(individually). Replies due by 4/28/2011. (ots)
April 6, 2011 Opinion or Order Filing 123 ORDER REFERRING CASE to Mediation. Mediation Deadline 8/16/2011.. Signed by Judge Patricia A. Seitz on 4/6/2011. (lw)
April 6, 2011 Opinion or Order Filing 122 ORDER REFERRING CASE to Magistrate Judge Andrea M. Simonton for Discovery Proceedings, see order at #121 . Signed by Judge Patricia A. Seitz on 4/6/2011. (lw)
April 6, 2011 Opinion or Order Filing 121 SCHEDULING ORDER: Pretrial Conference set for 1/12/2012 09:00 AM in Miami Division before Judge Patricia A. Seitz. Jury Trial set for 2/13/2012 10:00 AM in Miami Division before Judge Patricia A. Seitz. Calendar Call set for 2/8/2012 01:15 PM in Miami Division before Judge Patricia A. Seitz. Discovery due by 8/2/2011. Dispositive Motions due by 9/19/2011. Pretrial Stipulation due by 1/5/2012. Signed by Judge Patricia A. Seitz on 4/6/2011. (lw)
April 1, 2011 Filing 120 Case Reassignment of Paired Magistrate Judge pursuant to Administrative Orders 2010-145 and 2011-18 to Magistrate Judge Andrea M. Simonton. Magistrate Judge John J. O'Sullivan no longer assigned to case. Motions referred to Andrea M. Simonton. (vp)
March 31, 2011 Filing 119 Defendant's MOTION for Attorney Fees and Costs by Michael Ciberey, Richard Cooke, Amir Khan(individually), Amir Khan(and as a director of Smart SMS Corp. And Stagg Capital Group, LLC, et al), Ken Looney, SV Special Situations Fund, LLC, SV Special Situations Master Fund LTD., Scott A Stagg(individually), Scott A Stagg(as a director of Smart SMS Corp., and Stagg Capital Group, LLC, et al.), Stagg Capital Group, LLC, Brian Trainor(as an officer of Smart SMS Corp., An employee of Stagg Capital Group, LLC, et al), Brian Trainor(individually). Responses due by 4/18/2011 (Attachments: #1 Exhibit Retainer Agreements, #2 Exhibit Affidavit of Adam T. Rabin, #3 Exhibit Chart of Hours by Timekeeper, #4 Exhibit Invoices)(Rabin, Adam)
March 25, 2011 Filing 118 SCHEDULING REPORT - Rule 16.1 by Amir Khan(individually), Scott A Stagg(individually) (Attachments: #1 Text of Proposed Order Revised Scheduling Order)(Rabin, Adam)
March 8, 2011 Filing 117 Defendant's MOTION for Bill of Costs by Michael Ciberey, Richard Cooke, Amir Khan(individually), Ken Looney, SV Special Situations Fund, LLC, SV Special Situations Master Fund LTD., Scott A Stagg(individually), Stagg Capital Group, LLC, Brian Trainor(as an officer of Smart SMS Corp., An employee of Stagg Capital Group, LLC, et al). Responses due by 3/25/2011 (Attachments: #1 Exhibit Invoices)(Rabin, Adam)
March 4, 2011 Filing 116 Defendants Scott Stagg and Amir Khan's ANSWER and Affirmative Defenses to Complaint Plaintiff Liam Weir's Second Amended Complaint by Amir Khan(individually), Scott A Stagg(individually).(Frederick, Evan)
March 4, 2011 Filing 115 Defendants Scott Stagg and Amir Khan's ANSWER and Affirmative Defenses to Complaint Plaintiff Liam Weir's Second Amended Complaint by Amir Khan(individually), Scott A Stagg(individually).(Frederick, Evan)
March 4, 2011 Filing 114 Clerks Notice of Docket Correction re #113 Transcript. Document Filed in Wrong Case; Document restricted and docket text modified. Document refiled in correct case # 10MD2183-PAS (mc)
March 3, 2011 Filing 113 (TRANSCRIPT DOCKETED IN WRONG CASE SEE DE# 114)TRANSCRIPT of Status conference held on 2-17-11 before Judge Patricia A. Seitz, Volume Number 1 of 1, 1-30 pages, Court Reporter: David Ehrlich, 305-523-5537 / David_Ehrlich@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 3/28/2011. Redacted Transcript Deadline set for 4/7/2011. Release of Transcript Restriction set for 6/6/2011. (de) Text Modified on 3/4/2011 (mc).
March 3, 2011 Filing 112 TRANSCRIPT of Motion to Dismiss, Motion for Sanctions held on 1-21-11 before Judge Patricia A. Seitz, Volume Number 1 of 1, 1-55 pages, Court Reporter: David Ehrlich, 305-523-5537 / David_Ehrlich@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 3/28/2011. Redacted Transcript Deadline set for 4/7/2011. Release of Transcript Restriction set for 6/6/2011. (de)
February 14, 2011 Opinion or Order Filing 111 ORDER granting #92 Motion to Continue all pretrial deadlines and Trial date and directing parties to file revised Case Management Plan. The Parties shall submit a revised case management plan no later than 3/25/11.. Signed by Judge Patricia A. Seitz on 2/14/2011. (lk)
February 7, 2011 Opinion or Order Filing 110 Order Granting #80 Motion to Dismiss; Denying #99 Motion for Sanctions. Signed by Judge Patricia A. Seitz on 2/7/2011. (jcy)
January 21, 2011 Filing 109 Minute Entry for proceedings held before Judge Patricia A. Seitz: Motion Hearing held on 1/21/2011 re #80 Motion to Dismiss filed by Amir Khan, Stagg Capital Group, LLC, SV Special Situations Master Fund LTD., SV Special Situations Fund, LLC, Richard Cooke, Michael Ciberey, Scott A Stagg, Brian Trainor, Ken Looney. Court Reporter: David Ehrlich, 305-523-5537 / David_Ehrlich@flsd.uscourts.gov (tas)
January 18, 2011 Opinion or Order Filing 108 ORDER granting in part and denying in part #105 Motion To Appear by Video Conference ; granting in part and denying in part #106 Motion To Appear by Video Conference ; granting in part and denying in part #107 Motion To Appear by Video Conference. Signed by Judge Patricia A. Seitz on 1/18/2011. (lw)
January 18, 2011 Filing 107 MOTION To Appear by Video Conference by Layne Bednar(individually). (ots)
January 18, 2011 Filing 106 MOTION To Appear by Video Conference by Steaphan Weir(individually). (ots)
January 18, 2011 Filing 105 MOTION To Appear by Video Conference by Liam Weir. (ots)
December 16, 2010 Opinion or Order Filing 104 ORDER granting #103 Motion to Continue Hearing Hearing and Case Management Conference set for 1/14/2011 09:00 AM in Miami Division before Judge Patricia A. Seitz.Signed by Judge Patricia A. Seitzon 12/16/2010. (ots)
December 9, 2010 Filing 103 Unopposed MOTION to Continue January 14, 2011 Hearing and Case Management Conference Hearing by Michael Ciberey, Richard Cooke, Amir Khan(individually), Amir Khan(and as a director of Smart SMS Corp. And Stagg Capital Group, LLC, et al), Ken Looney, SV Special Situations Fund, LLC, SV Special Situations Master Fund LTD., Scott A Stagg(individually), Scott A Stagg(as a director of Smart SMS Corp., and Stagg Capital Group, LLC, et al.), Stagg Capital Group, LLC, Brian Trainor(as an officer of Smart SMS Corp., An employee of Stagg Capital Group, LLC, et al), Brian Trainor(individually). Responses due by 12/27/2010 (Attachments: #1 Text of Proposed Order)(Rabin, Adam)
December 3, 2010 Opinion or Order Filing 102 ORDER Granting Defendants' Request For Oral Argument; Denying Plaintiffs'Motion To Quash; And Directing Parties To Supplement Joint Scheduling Report; Deferring ruling on #92 Motion to Continue Signed by Judge Patricia A. Seitzon 12/3/2010. (ots)
December 3, 2010 Opinion or Order Filing 101 ORDER granting #81 Motion for Hearing; deferring ruling on #92 Motion to Continue; denying #94 Motion to Quash; denying #95 Motion to Quash Hearing and Case Management Conference set 9am 1/14/2011 Signed by Judge Patricia A. Seitzon 12/3/2010. (ots)
December 3, 2010 Opinion or Order Filing 100 ORDER DISMISSING ACTIONS OF CO-PLAINTIFFS, Thomas Dorman, Matthew Johnson, Chad Needy, Chad Needy, Rhonny Valentine, Robert Winslow, Michael D'Ambrose and Michael D'Ambrose terminated. Notice of Termination delivered by US Mail to Thomas Dorman, Matthew Johnson, Rhonny Valentine, Robert WinslowSigned by Judge Patricia A. Seitz on 12/3/2010. (ots)
December 2, 2010 Filing 99 Defendant's MOTION for Sanctions Rule 11 Sanctions and Incorporated Memorandum of Law by Michael Ciberey, Richard Cooke, Amir Khan(individually), Amir Khan(and as a director of Smart SMS Corp. And Stagg Capital Group, LLC, et al), Ken Looney, SV Special Situations Fund, LLC, SV Special Situations Master Fund LTD., Scott A Stagg(individually), Scott A Stagg(as a director of Smart SMS Corp., and Stagg Capital Group, LLC, et al.), Stagg Capital Group, LLC, Brian Trainor(as an officer of Smart SMS Corp., An employee of Stagg Capital Group, LLC, et al), Brian Trainor(individually). (Rabin, Adam)
December 1, 2010 Filing 98 Notification of Ninety Days Expiring by Michael Ciberey, Richard Cooke, Amir Khan(individually), Amir Khan(and as a director of Smart SMS Corp. And Stagg Capital Group, LLC, et al), Ken Looney, SV Special Situations Fund, LLC, SV Special Situations Master Fund LTD., Scott A Stagg(individually), Scott A Stagg(as a director of Smart SMS Corp., and Stagg Capital Group, LLC, et al.), Stagg Capital Group, LLC, Brian Trainor(as an officer of Smart SMS Corp., An employee of Stagg Capital Group, LLC, et al), Brian Trainor(individually) re #80 Motion to Dismiss filed by Amir Khan, Stagg Capital Group, LLC, SV Special Situations Master Fund LTD., SV Special Situations Fund, LLC, Richard Cooke, Michael Ciberey, Scott A Stagg, Brian Trainor, Ken Looney (Rabin, Adam)
November 1, 2010 Filing 97 RESPONSE to Motion re #94 MOTION to Quash, #95 MOTION to Quash filed by Michael Ciberey, Richard Cooke, Amir Khan(individually), Amir Khan(and as a director of Smart SMS Corp. And Stagg Capital Group, LLC, et al), Ken Looney, SV Special Situations Fund, LLC, SV Special Situations Master Fund LTD., Scott A Stagg(individually), Scott A Stagg(as a director of Smart SMS Corp., and Stagg Capital Group, LLC, et al.), Stagg Capital Group, LLC. Replies due by 11/12/2010. (Frederick, Evan)
October 19, 2010 Filing 96 NOTICE by Michael Ciberey, Richard Cooke, Amir Khan(individually), Amir Khan(and as a director of Smart SMS Corp. And Stagg Capital Group, LLC, et al), Ken Looney, SV Special Situations Fund, LLC, SV Special Situations Master Fund LTD., Scott A Stagg(individually), Scott A Stagg(as a director of Smart SMS Corp., and Stagg Capital Group, LLC, et al.), Stagg Capital Group, LLC, Brian Trainor(as an officer of Smart SMS Corp., An employee of Stagg Capital Group, LLC, et al), Brian Trainor(individually) re #92 Motion to Continue of Filing Affidavit of Adam T. Rabin in Support of Defendants' Motion to Extend Pretrial Deadlines and Trial Date (Attachments: #1 Exhibit Affidavit of Adam T. Rabin)(Frederick, Evan)
October 18, 2010 Filing 95 MOTION to Quash Defendants Motion For Extension of Trial Date by Liam Weir. (ots)
October 18, 2010 Filing 94 MOTION to Quash Defendants Motion For Extension of Trial Date by Layne Bednar(individually), Layne Bednar(on behalf of themselves and all shareholders of Smart SMS Corp., a Florida corporation similarly situated). (ots)
October 13, 2010 Filing 93 Clerks Notice to Filer re #92 Defendant's MOTION ( Miscellaneous Relief) Extend Pretrial Deadlines and Trial Date re #55 Order Referring Case to Magistrate Judge, Scheduling Order.. Filer Selected the Wrong Motion Relief(s); 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. (lk)
October 8, 2010 Filing 92 Defendant's MOTION to continue Pretrial Deadlines and Trial Date re #55 Order Referring Case to Magistrate Judge, Scheduling Order,,,, by Michael Ciberey, Richard Cooke, Amir Khan(individually), Amir Khan(and as a director of Smart SMS Corp. And Stagg Capital Group, LLC, et al), Ken Looney, SV Special Situations Fund, LLC, SV Special Situations Master Fund LTD., Scott A Stagg(individually), Scott A Stagg(as a director of Smart SMS Corp., and Stagg Capital Group, LLC, et al.), Stagg Capital Group, LLC, Brian Trainor(as an officer of Smart SMS Corp., An employee of Stagg Capital Group, LLC, et al), Brian Trainor(individually). (Attachments: #1 Text of Proposed Order)(Frederick, Evan) Modified relief/text on 10/13/2010 (lk).
August 20, 2010 Filing 91 REPLY to Response to Motion re #80 Motion to Dismiss Plaintiffs' Second Amended Complaints filed by Michael Ciberey, Richard Cooke, Amir Khan(individually), Ken Looney, SV Special Situations Fund, LLC, SV Special Situations Master Fund LTD., Scott A Stagg(individually), Stagg Capital Group, LLC, Brian Trainor(as an officer of Smart SMS Corp., An employee of Stagg Capital Group, LLC, et al). (Frederick, Evan)
August 9, 2010 Opinion or Order Filing 90 ORDER granting #89 Motion for Extension of Time to File Response/Reply Replies due by 8/20/2010.. Signed by Judge Patricia A. Seitz on 8/9/2010. (tb)
August 4, 2010 Filing 89 MOTION for Extension of Time to File Response/Reply as to #83 Response to Motion, #85 Response to Motion, #87 Response to Motion to Dismiss Pro Se Plaintiffs' Second Amended Complaint and Memorandum of Law by Michael Ciberey, Richard Cooke, Amir Khan(individually), Amir Khan(and as a director of Smart SMS Corp. And Stagg Capital Group, LLC, et al), Ken Looney, SV Special Situations Fund, LLC, SV Special Situations Master Fund LTD., Scott A Stagg(individually), Scott A Stagg(as a director of Smart SMS Corp., and Stagg Capital Group, LLC, et al.), Stagg Capital Group, LLC, Brian Trainor(as an officer of Smart SMS Corp., An employee of Stagg Capital Group, LLC, et al), Brian Trainor(individually). (Attachments: #1 Text of Proposed Order)(Rabin, Adam)
August 4, 2010 Filing 88 NOTICE OF UNAVAILABILITY by Michael Ciberey, Richard Cooke, Amir Khan(individually), Amir Khan(and as a director of Smart SMS Corp. And Stagg Capital Group, LLC, et al), Ken Looney, SV Special Situations Fund, LLC, SV Special Situations Master Fund LTD., Scott A Stagg(individually), Scott A Stagg(as a director of Smart SMS Corp., and Stagg Capital Group, LLC, et al.), Stagg Capital Group, LLC, Brian Trainor(as an officer of Smart SMS Corp., An employee of Stagg Capital Group, LLC, et al), Brian Trainor(individually) for dates of 8/5/10 - 8/13/10 (Rabin, Adam)
August 2, 2010 Filing 87 Plaintiff's Steaphan Weir's RESPONSE to Defendants' #80 Motion to Dismiss filed by Steaphan Weir. Replies due by 8/12/2010. (ebs)
August 2, 2010 Filing 86 Clerks Notice of Docket Correction #84 Response to Motion. Correction; Due to Clerks Error, See DE #87 for corrections (ebs)
August 2, 2010 Filing 85 Plaintiff Liam Weir's RESPONSE to Defendants' #80 Motion to Dismiss filed by Liam Weir. Replies due by 8/12/2010. (ebs)
August 2, 2010 Filing 84 Plaintiff Layne Bednar's RESPONSE as to counts 1 through 6 of Defendants' #80 Motion to Dismiss Replies due by 8/12/2010. (ebs) Modified on 8/3/2010 (dm). document restricted and corrected in DE #87
August 2, 2010 Filing 83 Plaintiff Layne Bednar's RESPONSE to Defendants' #80 Motion to Dismiss Replies due by 8/12/2010. (ebs)
July 16, 2010 Filing 82 Clerks Notice to Filer re #80 Response/Reply (Other), Response/Reply (Other), Response/Reply (Other). Wrong Event Selected - Document is a Motion; ERROR - The Filer selected the wrong event. A motion event must always be selected when filing a motion. The correction was made by the Clerk. It is not necessary to refile this document. (lk)
July 14, 2010 Filing 81 Defendant's MOTION for Hearing re #80 Response/Reply (Other), Response/Reply (Other), Response/Reply (Other) Request for Oral Argument of Defendants' Motion to Dismiss Plaintiffs' Second Amended Complaints (D.E. #80) by Michael Ciberey, Richard Cooke, Amir Khan(individually), Amir Khan(and as a director of Smart SMS Corp. And Stagg Capital Group, LLC, et al), Ken Looney, SV Special Situations Fund, LLC, SV Special Situations Master Fund LTD., Scott A Stagg(individually), Scott A Stagg(as a director of Smart SMS Corp., and Stagg Capital Group, LLC, et al.), Stagg Capital Group, LLC, Brian Trainor(as an officer of Smart SMS Corp., An employee of Stagg Capital Group, LLC, et al), Brian Trainor(individually). (Rabin, Adam)
July 14, 2010 Filing 80 Defendants' Motion to Dismiss Pro Se Plaintiffs' Second Amended Complaints and Incorporated Memorandum of Law re #74 Amended Complaint,, by Michael Ciberey, Richard Cooke, Amir Khan(individually), Amir Khan(and as a director of Smart SMS Corp. And Stagg Capital Group, LLC, et al), Ken Looney, SV Special Situations Fund, LLC, SV Special Situations Master Fund LTD., Scott A Stagg(individually), Scott A Stagg(as a director of Smart SMS Corp., and Stagg Capital Group, LLC, et al.), Stagg Capital Group, LLC, Brian Trainor(as an officer of Smart SMS Corp., An employee of Stagg Capital Group, LLC, et al), Brian Trainor(individually). (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Rabin, Adam) Modified event/text on 7/16/2010 (lk).
July 9, 2010 Opinion or Order Filing 79 ORDER granting #78 Motion for Extension of Time to File Response to Second Amended Complaint. Signed by Judge Patricia A. Seitz on 7/9/2010. (ebs)
July 9, 2010 Reset Answer Due Deadline: Michael Ciberey response due 7/14/2010; Richard Cooke response due 7/14/2010; Amir Khan(individually) response due 7/14/2010; Amir Khan(and as a director of Smart SMS Corp. And Stagg Capital Group, LLC, et al) response due 7/14/2010; Ken Looney response due 7/14/2010; SV Special Situations Fund, LLC response due 7/14/2010; SV Special Situations Master Fund LTD. response due 7/14/2010; Scott A Stagg(individually) response due 7/14/2010; Scott A Stagg(as a director of Smart SMS Corp., and Stagg Capital Group, LLC, et al.) response due 7/14/2010; Stagg Capital Group, LLC response due 7/14/2010; Brian Trainor(as an officer of Smart SMS Corp., An employee of Stagg Capital Group, LLC, et al) response due 7/14/2010; Brian Trainor(individually) response due 7/14/2010. Per #79 Order (ebs)
July 8, 2010 Filing 78 MOTION for Extension of Time to File Response/Reply as to #74 Amended Complaint,, (Expedited Two-Day Extension) by Michael Ciberey, Richard Cooke, Amir Khan(individually), Amir Khan(and as a director of Smart SMS Corp. And Stagg Capital Group, LLC, et al), Ken Looney, SV Special Situations Fund, LLC, SV Special Situations Master Fund LTD., Scott A Stagg(individually), Scott A Stagg(as a director of Smart SMS Corp., and Stagg Capital Group, LLC, et al.), Stagg Capital Group, LLC, Brian Trainor(as an officer of Smart SMS Corp., An employee of Stagg Capital Group, LLC, et al), Brian Trainor(individually). (Attachments: #1 Text of Proposed Order)(Rabin, Adam)
May 26, 2010 Opinion or Order Filing 77 ORDER granting #75 Motion for Extension of Time to File Response/Reply Responses due by 7/12/2010. Signed by Judge Paul C. Huck on 5/26/2010. (tb)
May 26, 2010 Filing 76 NOTICE OF UNAVAILABILITY by Michael Ciberey, Richard Cooke, Amir Khan(individually), Ken Looney, SV Special Situations Fund, LLC, SV Special Situations Master Fund LTD., Scott A Stagg(individually), Stagg Capital Group, LLC, Brian Trainor(as an officer of Smart SMS Corp., An employee of Stagg Capital Group, LLC, et al) for dates of June 30-July 5, July 12, July 13 (Rabin, Adam)
May 25, 2010 Filing 75 Agreed MOTION for Extension of Time to File Response/Reply as to #74 Amended Complaint,, Second Amended Complaint by Michael Ciberey, Richard Cooke, Amir Khan(individually), Ken Looney, SV Special Situations Fund, LLC, SV Special Situations Master Fund LTD., Scott A Stagg(individually), Stagg Capital Group, LLC, Brian Trainor(as an officer of Smart SMS Corp., An employee of Stagg Capital Group, LLC, et al). (Rabin, Adam)
May 20, 2010 Filing 74 AMENDED COMPLAINT against Michael Ciberey, Richard Cooke, Distressed High Yield Trading Opportunities Fund, LTD., Does 1 to 50, Amir Khan(individually), Amir Khan(and as a director of Smart SMS Corp. And Stagg Capital Group, LLC, et al), Ken Looney, SV Special Situations Fund, LLC, SV Special Situations Master Fund LTD., Scott A Stagg(individually), Scott A Stagg(as a director of Smart SMS Corp., and Stagg Capital Group, LLC, et al.), Stagg Capital Group, LLC, Brian Trainor(as an officer of Smart SMS Corp., An employee of Stagg Capital Group, LLC, et al), Brian Trainor(individually), filed by Steaphan Weir(on behalf of themselves and all shareholders of Smart SMS Corp., a Florida corporation similarly situated).(ebs)
May 19, 2010 Opinion or Order Filing 73 ORDER NOTICE to Plaintiffs of Court Order and Extending Time for Plaintiffs to Comply with Court Order. Signed by Judge Cecilia M. Altonaga on 5/19/2010. (tb)
April 21, 2010 Opinion or Order Filing 72 ORDER Denying As Moot re #66 Unopposed MOTION for Extension of Time to File Response/Reply as to #65 Amended Complaint,, Second Amended Complaint filed by Amir Khan, Stagg Capital Group, LLC, SV Special Situations Master Fund LTD., Scott A Stagg, Brian Trainor, SV Special Situations Fund, LLC. Signed by Judge Patricia A. Seitz on 4/21/2010. (gme)
April 21, 2010 Opinion or Order Filing 71 ORDER STRIKING #65 Second Amended Complaint, filed by Chad Needy, Liam Weir, Steaphan Weir, Michael D'Ambrose, Layne Bednar. Signed by Judge Patricia A. Seitz on 4/20/2010. (gme)
April 20, 2010 Opinion or Order Filing 70 ORDER OF INSTRUCTIONS TO PRO SE LITIGANT. Signed by Judge Patricia A. Seitz on 4/20/2010. (tb)
April 20, 2010 Filing 69 NOTICE of Attorney Appearance by Adam Rabin on behalf of Michael Ciberey, Richard Cooke, Ken Looney (Rabin, Adam)
April 20, 2010 Filing 68 TRANSCRIPT of Hearing on Motion to Dismiss held on 1/26'2010 before Judge Patricia A. Seitz, 1-41 pages, Court Reporter: William Romanishin, 305-523-5558 / Bill_Romanishin@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 5/14/2010. Redacted Transcript Deadline set for 5/24/2010. Release of Transcript Restriction set for 7/22/2010. (br)
April 16, 2010 Filing 67 Summons Issued as to Richard Cooke, Ken Looney, Michael Ciberey. (tb)
April 12, 2010 Filing 66 Unopposed MOTION for Extension of Time to File Response/Reply as to #65 Amended Complaint,, Second Amended Complaint by Amir Khan(individually), SV Special Situations Fund, LLC, SV Special Situations Master Fund LTD., Scott A Stagg(individually), Stagg Capital Group, LLC, Brian Trainor(as an officer of Smart SMS Corp., An employee of Stagg Capital Group, LLC, et al). (Attachments: #1 Text of Proposed Order)(Rabin, Adam)
April 5, 2010 Filing 65 SECOND AMENDED COMPLAINT, filed by Michael D'Ambrose(on behalf of themselves and all shareholders of Smart SMS Corp., a Florida corporation similarly situated), Chad Needy(on behalf of themselves and all shareholders of Smart SMS Corp., a Florida corporation similarly situated), Steaphan Weir(individually), Layne Bednar(individually), Liam Weir, Steaphan Weir(on behalf of themselves and all shareholders of Smart SMS Corp., a Florida corporation similarly situated), Michael D'Ambrose(individually), Layne Bednar(on behalf of themselves and all shareholders of Smart SMS Corp., a Florida corporation similarly situated), Chad Needy(individually).(tb)
March 24, 2010 Filing 64 NOTICE Of Pro Se Appearance by Michael D'Ambrose(on behalf of themselves and all shareholders of Smart SMS Corp., a Florida corporation similarly situated), Michael D'Ambrose(individually), Chad Needy(on behalf of themselves and all shareholders of Smart SMS Corp., a Florida corporation similarly situated), Chad Needy(individually), Liam Weir, Steaphan Weir(individually), Steaphan Weir(on behalf of themselves and all shareholders of Smart SMS Corp., a Florida corporation similarly situated) (tb)
March 15, 2010 Filing 63 Clerks Notice to Filer re #61 Statement. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#62]-Certificate of Service. It is not necessary to refile this document. (lk)
March 12, 2010 Filing 62 CERTIFICATE OF SERVICE by Layne Bednar(individually), Layne Bednar(on behalf of themselves and all shareholders of Smart SMS Corp., a Florida corporation similarly situated), Michael D'Ambrose(on behalf of themselves and all shareholders of Smart SMS Corp., a Florida corporation similarly situated), Michael D'Ambrose(individually), Chad Needy(on behalf of themselves and all shareholders of Smart SMS Corp., a Florida corporation similarly situated), Chad Needy(individually), Liam Weir, Steaphan Weir(individually), Steaphan Weir(on behalf of themselves and all shareholders of Smart SMS Corp., a Florida corporation similarly situated) re #60 Order on Motion to Withdraw as Attorney, Order on Motion for Extension of Time to Amend. See image at DE #61 (lk)
March 12, 2010 Filing 61 Statement of: Statement To The Court Re Court's Order Granting Motion To Withdraw And Order Granting Motion For Extension Of Time To File Second Amended Complaint by Steaphan Weir(individually) (Friedman, Richard)
March 5, 2010 Opinion or Order Filing 60 ORDER granting #58 Motion to Withdraw as Attorney. Attorney Richard Friedman terminated ( Deadline to obtain new counsel 3/26/2010.); granting #59 Motion for Extension of Time to Amend. Signed by Judge Patricia A. Seitz on 3/5/2010. (tb)
March 3, 2010 Filing 59 MOTION for Extension of Time toFile Second Amended Complaint by Steaphan Weir(individually). Responses due by 3/22/2010 (Attachments: #1 Text of Proposed Order)(Friedman, Richard) Modified on 3/4/2010 (tp).
March 3, 2010 Filing 58 MOTION to Withdraw as Attorney for Plaintiffs by Richard N. Friedman Esquire. by Steaphan Weir(individually). Responses due by 3/22/2010 (Attachments: #1 Text of Proposed Order)(Friedman, Richard)
February 16, 2010 Filing 57 NOTICE by Amir Khan(individually), SV Special Situations Fund, LLC, SV Special Situations Master Fund LTD., Scott A Stagg(individually), Stagg Capital Group, LLC, Brian Trainor(as an officer of Smart SMS Corp., An employee of Stagg Capital Group, LLC, et al) of Selection of Mediator (Rabin, Adam)
February 9, 2010 Filing 56 NOTICE by Does 1 to 50, Amir Khan(individually), Amir Khan(and as a director of Smart SMS Corp. And Stagg Capital Group, LLC, et al), SV Special Situations Fund, LLC, SV Special Situations Master Fund LTD., Scott A Stagg(individually), Scott A Stagg(as a director of Smart SMS Corp., and Stagg Capital Group, LLC, et al.), Stagg Capital Group, LLC, Brian Trainor(as an officer of Smart SMS Corp., An employee of Stagg Capital Group, LLC, et al), Brian Trainor(individually) (Rabin, Adam)
January 29, 2010 Opinion or Order Filing 55 ORDER Setting Trial Date, Pretrial Deadlines and REFERRING CASE to Magistrate Judge John J. O'Sullivan for Discovery Proceedings (s) SCHEDULING ORDER: ( Pretrial Conference set for 9/15/2011 09:00 AM in Miami Division before Judge Patricia A. Seitz., Jury Trial set for 10/11/2011 01:15 PM in Miami Division before Judge Patricia A. Seitz., Calendar Call set for 10/5/2011 01:15 PM in Miami Division before Judge Patricia A. Seitz., Discovery due by 4/4/2011., Pretrial Stipulation due by 9/2/2011.). Signed by Judge Patricia A. Seitz on 1/29/2010. (cqs)
January 29, 2010 Opinion or Order Filing 54 ORDER REFERRING CASE to Mediation.. Signed by Judge Patricia A. Seitz on 1/29/2010. (ls)
January 29, 2010 Opinion or Order Filing 53 SCHEDULING ORDER: ( Pretrial Conference set for 9/15/2011 09:00 AM in Miami Division before Judge Patricia A. Seitz., Jury Trial set for 10/11/2011 before Judge Patricia A. Seitz., Calendar Call set for 10/5/2011 01:15 PM in Miami Division before Judge Patricia A. Seitz., Discovery due by 4/4/2011., In Limine Motions due by 9/2/2011., Pretrial Stipulation due by 9/2/2011.), ORDER REFERRING CASE to Magistrate Judge John J. O'Sullivan for Discovery Proceedings. Signed by Judge Patricia A. Seitz on 1/29/2010. (ls)
January 27, 2010 Opinion or Order Filing 52 ORDER granting #20 Motion to Dismiss, Second Amended Complaint due 3/9/2010, (see order for details). Signed by Judge Patricia A. Seitz on 1/27/2010. (cqs)
January 26, 2010 Filing 51 Minute Entry for proceedings held before Judge Patricia A. Seitz: Motion Hearing held on 1/26/2010 re #20 Defendant's MOTION to Dismiss #13 Amended Complaint filed by Amir Khan, Stagg Capital Group, LLC, SV Special Situations Master Fund LTD., Scott A Stagg, Brian Trainor, SV Special Situations Fund, LLC. Court Reporter: William Romanishin, 305-523-5558 (lw)
January 25, 2010 Filing 50 Notice to the Parties Re: Issues to be addressed at hearing. Signed by Judge Patricia A. Seitz on 1/25/2010. (cqs)
January 25, 2010 Filing 49 Notice of Supplemental Authority re #20 Defendant's MOTION to Dismiss #13 Amended Complaint and Memorandum of LawDefendant's MOTION to Dismiss #13 Amended Complaint and Memorandum of Law by Amir Khan(and as a director of Smart SMS Corp. And Stagg Capital Group, LLC, et al), SV Special Situations Fund, LLC, SV Special Situations Master Fund LTD., Scott A Stagg(individually), Stagg Capital Group, LLC (Rabin, Adam)
January 20, 2010 Opinion or Order Filing 48 ORDER SETTING HEARING re #20 Defendant's MOTION to Dismiss #13 Amended Complaint and Memorandum of LawDefendant's MOTION to Dismiss #13 Amended Complaint and Memorandum of Law filed by Amir Khan, Stagg Capital Group, LLC, SV Special Situations Master Fund LTD., Scott A Stagg, Brian Trainor, SV Special Situations Fund, LLC, ( Motion Hearing set for 1/26/2010 01:30 PM in Miami Division before Judge Patricia A. Seitz.). Signed by Judge Patricia A. Seitz on 1/20/2010. (cqs)
October 22, 2009 Filing 47 SCHEDULING REPORT - Rule 26(f) by Amir Khan(individually), Amir Khan(and as a director of Smart SMS Corp. And Stagg Capital Group, LLC, et al), SV Special Situations Fund, LLC, SV Special Situations Master Fund LTD., Scott A Stagg(individually), Scott A Stagg(as a director of Smart SMS Corp., and Stagg Capital Group, LLC, et al.), Stagg Capital Group, LLC, Brian Trainor(as an officer of Smart SMS Corp., An employee of Stagg Capital Group, LLC, et al), Brian Trainor(individually). (Rabin, Adam)
October 1, 2009 Opinion or Order Filing 46 Order Requiring Joint Scheduling Report -Joint Scheduling Report due by 10/22/2009. Signed by Judge Patricia A. Seitz on 10/1/2009. (cqs)
September 28, 2009 Filing 45 REPLY to Response to Motion re #20 Defendant's MOTION to Dismiss #13 Amended Complaint and Memorandum of LawDefendant's MOTION to Dismiss #13 Amended Complaint and Memorandum of Law filed by Scott A Stagg(individually), Stagg Capital Group, LLC, SV Special Situations Fund, LLC, SV Special Situations Master Fund LTD., Amir Khan(individually), Brian Trainor(individually). (Rabin, Adam)
September 21, 2009 Filing 44 SUMMONS (Affidavit) Returned Executed by Michael D'Ambrose(on behalf of themselves and all shareholders of Smart SMS Corp., a Florida corporation similarly situated), Layne Bednar(individually), Layne Bednar(on behalf of themselves and all shareholders of Smart SMS Corp., a Florida corporation similarly situated), Steaphan Weir(individually), Steaphan Weir(on behalf of themselves and all shareholders of Smart SMS Corp., a Florida corporation similarly situated), Chad Needy(individually), Liam Weir, Chad Needy(on behalf of themselves and all shareholders of Smart SMS Corp., a Florida corporation similarly situated), Michael D'Ambrose(individually). Amir Khan(individually) served on 7/11/2009, answer due 7/31/2009. (tb)
September 21, 2009 Opinion or Order Filing 43 ORDER granting #40 Motion for Extension of Time to Respond to Motion to Dismiss Responses due by 9/28/2009. Signed by Judge Patricia A. Seitz on 9/21/2009. (cqs)
September 18, 2009 Filing 42 Case Reassignment of Paired Magistrate Judge pursuant to Administrative Order 2008-09 to Magistrate Judge John J. O'Sullivan. (AMS)
September 17, 2009 Opinion or Order Filing 41 ORDER OF REASSIGNMENT to Judge Patricia A. Seitz for all further proceedings, Judge Ursula Ungaro no longer assigned to case. Signed by Chief Judge Federico A. Moreno on 09/15/09. (jc)
September 16, 2009 Filing 40 Unopposed MOTION for Extension of Time to File Reply as to #37 Response to Motion, to Dismiss Plaintiffs' Amended Complaint by Scott A Stagg(individually), Stagg Capital Group, LLC, SV Special Situations Fund, LLC, SV Special Situations Master Fund LTD., Amir Khan(individually), Brian Trainor(individually). (Rabin, Adam)
September 11, 2009 Filing 39 Clerks Notice to Filer re #36 Supplement. Incorrect Document Link; ERROR - The Filed document was not correctly linked to the related docket entry, DE #15 . The correction was made by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (lk)
September 11, 2009 Filing 38 NOTICE OF CONVENTIONAL FILING - Response; re #37 Response to Motion, by Layne Bednar, Steaphan Weir, Chad Needy, Liam Weir, Michael D'Ambrose, (asl)
September 11, 2009 Filing 37 RESPONSE to Defendants' Motion to Dismiss Plaintiffs' Amended Complaint and Memorandum of Law; re #20 Defendant's MOTION to Dismiss #13 Amended Complaint and Memorandum of Law filed by Layne Bednar, Steaphan Weir, Chad Needy, Liam Weir, Michael D'Ambrose. Replies due by 9/21/2009. (asl)
September 10, 2009 Filing 36 Supplemental Disclosure to #15 Notice of Disclosure by Scott A Stagg(individually), Stagg Capital Group, LLC, SV Special Situations Fund, LLC, SV Special Situations Master Fund LTD., Amir Khan(individually), Brian Trainor(individually). (McCabe, Ryon) Modified link on 9/11/2009 (lk).
September 8, 2009 Opinion or Order Filing 35 ORDER granting in part #33 Motion for Extension of Time to Respond. Responses due by 9/10/2009. Signed by Judge Ursula Ungaro on 9/8/2009. (tas)
September 4, 2009 Filing 34 NOTICE OF CONVENTIONAL FILING- #33 Unopposed MOTION for Enlargement of Time by Layne Bednar, Steaphan Weir, Chad Needy, Liam Weir, Michael D'Ambrose (asl)
September 4, 2009 Filing 33 UNOPPOSED MOTION for Enlargement of Time to Respond to #20 Defendants' MOTION to Dismiss #13 Plaintiff's Amended Complaint by Layne Bednar, Steaphan Weir, Chad Needy, Liam Weir, Michael D'Ambrose. (asl)
September 2, 2009 Opinion or Order Filing 32 ORDER DIRECTING DEFENDANTS' COUNSEL TO SUPPLEMENT NOTICE OF DISCLOSURE. Signed by Chief Judge Federico A. Moreno on 9/1/2009. (mmc)
September 1, 2009 Opinion or Order Filing 31 ORDER denying #29 Motion for Leave to Appear by Telephone at Status Conference. Signed by Chief Judge Federico A. Moreno on 8/31/2009.(mmc)
August 28, 2009 Filing 30 NOTICE OF CONVENTIONAL FILING of #29 MOTION for Leave to Appear telephone at status conference by Michael D'Ambrose(on behalf of themselves and all shareholders of Smart SMS Corp., a Florida corporation similarly situated), Layne Bednar(individually), Layne Bednar(on behalf of themselves and all shareholders of Smart SMS Corp., a Florida corporation similarly situated), Steaphan Weir(individually), Steaphan Weir(on behalf of themselves and all shareholders of Smart SMS Corp., a Florida corporation similarly situated), Chad Needy(individually), Liam Weir, Chad Needy(on behalf of themselves and all shareholders of Smart SMS Corp., a Florida corporation similarly situated), Michael D'Ambrose(individually) (tb)
August 28, 2009 Filing 29 MOTION for Leave to Appear telephone at status conference by Michael D'Ambrose(on behalf of themselves and all shareholders of Smart SMS Corp., a Florida corporation similarly situated), Layne Bednar(individually), Layne Bednar(on behalf of themselves and all shareholders of Smart SMS Corp., a Florida corporation similarly situated), Steaphan Weir(individually), Steaphan Weir(on behalf of themselves and all shareholders of Smart SMS Corp., a Florida corporation similarly situated), Chad Needy(individually), Liam Weir, Chad Needy(on behalf of themselves and all shareholders of Smart SMS Corp., a Florida corporation similarly situated), Michael D'Ambrose(individually). Responses due by 9/17/2009 (tb)
August 26, 2009 Filing 28 Clerk's Notice of Undeliverable Mail re 25 Clerks Notice of Docket Correction and Instruction to Filer - Attorney. US Mail returned for: Richard Friedman. Updated address found and document resent to new address, via NEF/email address on this event. Clerk updated account information, per DE# 14 and added email address. Attorney instructed to verify and maintain CM/ECF account information. (jmd)
August 24, 2009 Opinion or Order Filing 27 ORDER Rescheduling Conference;( -Joint Scheduling Report due by 10/2/2009, Scheduling Conference set for 10/9/2009 10:00 AM before Judge Ursula Ungaro.), Terminate Deadlines and Hearings. Signed by Judge Ursula Ungaro on 8/23/2009. (asl)
August 21, 2009 Filing 26 SCHEDULING REPORT - Rule 26(f) by Scott A Stagg(individually), Scott A Stagg(as a director of Smart SMS Corp., and Stagg Capital Group, LLC, et al.), Stagg Capital Group, LLC, SV Special Situations Fund, LLC, SV Special Situations Master Fund LTD., Amir Khan(individually), Amir Khan(and as a director of Smart SMS Corp. And Stagg Capital Group, LLC, et al), Brian Trainor(individually). (Attachments: #1 Text of Proposed Order)(Rabin, Adam)
August 21, 2009 Filing 25 Clerks Notice to Filer re #22 Initial Disclosure(s). Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de# 24]. It is not necessary to refile this document. (lk)
August 21, 2009 Filing 23 Clerk's Notice of Undeliverable Mail re #17 Order on Motion for Extension of Time to File Response/Reply/Answer, & {7}. US Mail returned for: RICHARD FRIEDMAN Return to Sender, Unable to Forward . The Court has not located an updated address for this party. After two unsuccessful noticing attempts, notices from the Court will no longer be sent to this party in this case until a correct address is provided. (lbc)
August 20, 2009 Filing 24 Objections to Fed.R.Civ.26 Initial Disclosures re #3 Order by Scott A Stagg(individually), Stagg Capital Group, LLC, SV Special Situations Fund, LLC, SV Special Situations Master Fund LTD., Amir Khan(individually), Brian Trainor(individually). See image DE #22 (lk)
August 20, 2009 Filing 22 Initial Disclosure(s) Defendants' Objections to Fed.R.Civ.P. 26 Re: #3 Order, Set/Reset Deadlines/Hearings by Scott A Stagg(individually), Stagg Capital Group, LLC, SV Special Situations Fund, LLC, SV Special Situations Master Fund LTD., Brian Trainor(individually). (Rabin, Adam)
August 20, 2009 Filing 21 RESPONSE to Motion re #18 MOTION for Recusal MOTION Motion for Judicial Disqualification and/or Recusal; Motion to Have Instant Motion Referred to Chief Judge Moreno; Motion for Stay Pending Resolution of Disqualification/Recusal; and Request for Expedited Ruling MOTION to Stay filed by Scott A Stagg(individually), Stagg Capital Group, LLC, SV Special Situations Fund, LLC, SV Special Situations Master Fund LTD., Brian Trainor(individually). Replies due by 8/31/2009. (Rabin, Adam)
August 20, 2009 Filing 20 Defendant's MOTION to Dismiss #13 Amended Complaint and Memorandum of Law by Scott A Stagg(individually), Stagg Capital Group, LLC, SV Special Situations Fund, LLC, SV Special Situations Master Fund LTD., Amir Khan(individually), Brian Trainor(individually). Responses due by 9/8/2009 (Attachments: #1 Exhibit)(Rabin, Adam)
August 18, 2009 Filing 19 NOTICE OF CONVENTIONAL FILING of #18 MOTION for Judicial Disqualification and/or Recusal; Motion to Have Instant Motion Referred to Chief Judge Moreno; Motion for Stay Pending Resolution of Disqualification/Recusal; and Request for Expedited Ruling by Layne Bednar, Steaphan Weir, Chad Needy, Liam Weir, Michael D'Ambrose. (asl)
August 18, 2009 Filing 18 MOTION for Judicial Disqualification and/or Recusal; Motion to Have Instant Motion Referred to Chief Judge Moreno; Motion for Stay Pending Resolution of Disqualification/Recusal; and Request for Expedited Ruling ( Responses due by 9/4/2009) by Layne Bednar, Steaphan Weir, Chad Needy, Liam Weir, Michael D'Ambrose. (asl)
August 13, 2009 Opinion or Order Filing 17 ORDER on Motion for Extension; Granting in part #16 Motion for Extension of Time to Answer Scott A Stagg response due 8/21/2009; Stagg Capital Group, LLC response due 8/21/2009; SV Special Situations Fund, LLC response due 8/21/2009; SV Special Situations Master Fund LTD. response due 8/21/2009; Amir Khan response due 8/21/2009; Brian Trainor response due 8/21/2009.. Signed by Judge Ursula Ungaro on 8/13/2009. (asl)
August 11, 2009 Filing 16 Unopposed MOTION for Extension of Time to File Response as to #13 Amended Complaint by Scott A Stagg(individually). (Rabin, Adam)
August 6, 2009 Filing 15 NOTICE by Scott A Stagg(individually) Notice of Disclosure (Rabin, Adam)
August 5, 2009 Filing 14 NOTICE OF CONVENTIONAL FILING of #13 Amended Complaint by Layne Bednar, Steaphan Weir, Chad Needy, Liam Weir, Michael D'Ambrose individually, on behalf of themselves and all shareholders of Smart SMS Corp., a Florida corporation, similarly situated (asl)
August 5, 2009 Filing 13 AMENDED COMPLAINT filed by Steaphan Weir, Chad Needy, Michael D'Ambrose, Liam Weir, Layne Bednar, individually and on behalf of themselves and all shareholders of Smart SMS Corp., a Florida corporation similarly situated (asl)
August 4, 2009 Filing 12 NOTICE OF DISCLOSURE by Scott A Stagg(individually), Stagg Capital Group, LLC, SV Special Situations Fund, LLC, SV Special Situations Master Fund LTD., Amir Khan(individually), Brian Trainor(individually) (Rabin, Adam) Modified text on 8/5/2009 (lk).
August 3, 2009 Filing 11 SUMMONS (Affidavit) Returned Executed by Michael D'Ambrose(on behalf of themselves and all shareholders of Smart SMS Corp., a Florida corporation similarly situated), Layne Bednar(individually), Layne Bednar(on behalf of themselves and all shareholders of Smart SMS Corp., a Florida corporation similarly situated), Steaphan Weir(individually), Steaphan Weir(on behalf of themselves and all shareholders of Smart SMS Corp., a Florida corporation similarly situated), Chad Needy(individually), Chad Needy(on behalf of themselves and all shareholders of Smart SMS Corp., a Florida corporation similarly situated), Michael D'Ambrose(individually). SV Special Situations Fund, LLC served on 6/30/2009, answer due 7/20/2009. (tb)
August 3, 2009 Filing 10 SUMMONS (Affidavit) Returned Executed by Michael D'Ambrose(on behalf of themselves and all shareholders of Smart SMS Corp., a Florida corporation similarly situated), Layne Bednar(individually), Layne Bednar(on behalf of themselves and all shareholders of Smart SMS Corp., a Florida corporation similarly situated), Steaphan Weir(individually), Steaphan Weir(on behalf of themselves and all shareholders of Smart SMS Corp., a Florida corporation similarly situated), Chad Needy(individually), Chad Needy(on behalf of themselves and all shareholders of Smart SMS Corp., a Florida corporation similarly situated), Michael D'Ambrose(individually). Stagg Capital Group, LLC served on 6/30/2009, answer due 7/20/2009. (tb)
July 24, 2009 Filing 9 SUMMONS (Affidavit) Returned Executed by Michael D'Ambrose(on behalf of themselves and all shareholders of Smart SMS Corp., a Florida corporation similarly situated), Layne Bednar(individually), Layne Bednar(on behalf of themselves and all shareholders of Smart SMS Corp., a Florida corporation similarly situated), Steaphan Weir(individually), Steaphan Weir(on behalf of themselves and all shareholders of Smart SMS Corp., a Florida corporation similarly situated), Chad Needy(individually), Chad Needy(on behalf of themselves and all shareholders of Smart SMS Corp., a Florida corporation similarly situated), Michael D'Ambrose(individually). Scott A Stagg(individually) served on 7/10/2009, answer due 7/30/2009. (tas)
July 24, 2009 Filing 8 SUMMONS (Affidavit) Returned Executed by Michael D'Ambrose(on behalf of themselves and all shareholders of Smart SMS Corp., a Florida corporation similarly situated), Layne Bednar(individually), Layne Bednar(on behalf of themselves and all shareholders of Smart SMS Corp., a Florida corporation similarly situated), Steaphan Weir(individually), Steaphan Weir(on behalf of themselves and all shareholders of Smart SMS Corp., a Florida corporation similarly situated), Chad Needy(individually), Chad Needy(on behalf of themselves and all shareholders of Smart SMS Corp., a Florida corporation similarly situated), Michael D'Ambrose(individually). Brian Trainor(individually) served on 7/9/2009, answer due 7/29/2009. (tas)
July 21, 2009 Filing 7 Clerk's Notice of Undeliverable Mail re #3 Order, Set/Reset Deadlines/Hearings. US Mail returned for: Richard Friedman. Updated address found and document resent to new address. Updated attorney address on this case referenced on DE#1. (jmd)
July 21, 2009 Filing 6 NOTICE OF UNAVAILABILITY by Scott A Stagg(individually) for dates of 8/5/09 - 8/14/09 (Rabin, Adam)
July 20, 2009 Opinion or Order Filing 5 ORDER on Motions for Extension; granting in part #4 Motion for Extension of Time to Respond. Responses due by 8/10/2009. Signed by Judge Ursula Ungaro on 7/20/2009. (tas)
July 17, 2009 Filing 4 Defendant's MOTION for Extension of Time to File Response as to #1 Complaint,,,,, by Scott A Stagg(individually), Stagg Capital Group, LLC, SV Special Situations Fund, LLC, SV Special Situations Master Fund LTD., Amir Khan(individually), Brian Trainor(individually). (Attachments: #1 Text of Proposed Order)(Rabin, Adam)
July 6, 2009 Opinion or Order Filing 3 ORDER Setting Initial Planning and Scheduling Conference, ( -Joint Scheduling Report due by 8/21/2009, Status Conference set for 9/4/2009 10:00 AM in Miami Division before Judge Ursula Ungaro.). Signed by Judge Ursula Ungaro on 7/2/2009. (tas)
June 24, 2009 Filing 2 Summons Issued as to Scott A Stagg(individually), Scott A Stagg(as a director of Smart SMS Corp., and Stagg Capital Group, LLC, et al.), Stagg Capital Group, LLC, Distressed High Yield Trading Opportunities Fund, LTD., SV Special Situations Fund, LLC, SV Special Situations Master Fund LTD., Amir Khan(individually), Amir Khan(and as a director of Smart SMS Corp. And Stagg Capital Group, LLC, et al), Brian Trainor(individually), Brian Trainor(as an officer of Smart SMS Corp., An employee of Stagg Capital Group, LLC, et al), Does 1 to 50. (mmo)
June 24, 2009 Filing 1 COMPLAINT against Scott A Stagg(individually), Scott A Stagg(as a director of Smart SMS Corp., and Stagg Capital Group, LLC, et al.), Stagg Capital Group, LLC, Distressed High Yield Trading Opportunities Fund, LTD., SV Special Situations Fund, LLC, SV Special Situations Master Fund LTD., Amir Khan(individually), Amir Khan(and as a director of Smart SMS Corp. And Stagg Capital Group, LLC, et al), Brian Trainor(individually), Brian Trainor(as an officer of Smart SMS Corp., An employee of Stagg Capital Group, LLC, et al), Does 1 to 50, Chad Needy(individually), Chad Needy(on behalf of themselves and all shareholders of Smart SMS Corp., a Florida corporation similarly situated). Filing fee $ 350.00 Receipt#: 1003494, filed by Michael D'Ambrose(on behalf of themselves and all shareholders of Smart SMS Corp., a Florida corporation similarly situated), Layne Bednar(individually), Layne Bednar(on behalf of themselves and all shareholders of Smart SMS Corp., a Florida corporation similarly situated), Steaphan Weir(individually), Steaphan Weir(on behalf of themselves and all shareholders of Smart SMS Corp., a Florida corporation similarly situated), Chad Needy(individually), Chad Needy(on behalf of themselves and all shareholders of Smart SMS Corp., a Florida corporation similarly situated), Michael D'Ambrose(individually).(mmo)

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Search for this case: Weir et al v. Stagg et al
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Plaintiff: Steaphan Weir
Represented By: Richard Friedman
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Plaintiff: Chad Needy
Represented By: Richard Friedman
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Plaintiff: Michael D'Ambrose
Represented By: Richard Friedman
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Plaintiff: Layne Bednar
Represented By: Richard Friedman
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Plaintiff: Liam Weir
Represented By: Richard Friedman
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Plaintiff: Matthew Johnson
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Plaintiff: Robert Winslow
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Plaintiff: Rhonny Valentine
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Plaintiff: Thomas Dorman
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Defendant: Scott A Stagg
Represented By: Adam Rabin
Represented By: Evan Henrik Frederick
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Defendant: Stagg Capital Group, LLC
Represented By: Evan Henrik Frederick
Represented By: Adam Rabin
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Defendant: Distressed High Yield Trading Opportunities Fund, LTD.
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Defendant: SV Special Situations Fund, LLC
Represented By: Evan Henrik Frederick
Represented By: Adam Rabin
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Defendant: SV Special Situations Master Fund LTD.
Represented By: Evan Henrik Frederick
Represented By: Adam Rabin
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Defendant: Amir Khan
Represented By: Evan Henrik Frederick
Represented By: Adam Rabin
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Defendant: Brian Trainor
Represented By: Evan Henrik Frederick
Represented By: Adam Rabin
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Defendant: Does 1 to 50
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Defendant: Richard Cooke
Represented By: Adam Rabin
Represented By: Evan Henrik Frederick
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Defendant: Ken Looney
Represented By: Evan Henrik Frederick
Represented By: Adam Rabin
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Defendant: Michael Ciberey
Represented By: Adam Rabin
Represented By: Evan Henrik Frederick
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