Commodity Futures Trading Commission v. Atkinson et al
| Commodity Futures Trading Commission |
| Gasher Inc., Timothy Atkinson, All In Publishing, LLC and Jay Passerino |
| 1:2018cv23992 |
| September 27, 2018 |
| U.S. District Court for the Southern District of Florida |
| Jose E Martinez |
| Alicia M Otazo-Reyes |
| Securities/Commodities |
| 07 U.S.C. § 0009 |
| None |
Docket Report
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This docket was last retrieved on December 3, 2024. A more recent docket listing may be available from PACER.
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| Filing 133 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Timothy Atkinson. (Attachments: #1 Text of Proposed Order Exhibit A)(Cox, Jeffrey) |
| Filing 132 MOTION to Strike Plaintiff's Reply in Support of Plaintiff's Motion for Order to Show Cause (Dkt.130) by Gasher Inc., Jay Passerino. Responses due by 12/4/2018 (Attachments: #1 Exhibit A)(Orta, David) |
Filing 131
ORDER of USCA. Appellants' motion to this Court is HELD IN ABEYANCE pending a decision from the district court on the motion filed there. Appellants are DIRECTED to notify the Court when the district court decides that motion. If the district court does not decide the motion before it in a timely fashion, the Appellants may renew their motion in this Court. Appellee's Motion for Extension of Time to File Appellee's Opposition to Motion to Stay is GRANTED IN PART to the extent that Appellee's response to Appellants' motion is due December 3, 2018, which the district court docket reflects is the same date that Appellee's response to Appellants' stay motion in the district court is due re #126 Notice of Appeal, filed by Jay Passerino, Gasher Inc., #53 Notice of Appeal, filed by Jay Passerino, Gasher Inc. USCA #18-14338-GG. (apz) Text Modified on 11/20/2018 (apz).
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| Filing 130 REPLY to Response to Motion re #103 Plaintiff's MOTION for Order to Show Cause Against Defendants Passerino and Gasher filed by Commodity Futures Trading Commission. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Pendleton, Elizabeth) |
| Filing 129 EMERGENCY MOTION with Certification of Emergency attached by Gasher Inc., Jay Passerino. Responses due by 12/3/2018 (Attachments: #1 Certification, #2 Text of Proposed Order, #3 Exhibit, #4 Exhibit)(Orta, David) |
| Filing 128 Acknowledgment of Receipt of NOA from USCA re #126 Notice of Appeal filed by Jay Passerino, Gasher Inc. Date received by USCA: 11/16/2018. USCA Case Number: 18-14783-GG. (apz) |
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Filing 127
Consent Order for Preliminary Injunction and Other Ancillary Relief Against Defendants Timothy Joseph Atkinson and All in Publishing, LLC. Signed by Judge Jose E. Martinez on 11/16/2018. See attached document for full details. (jza)
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| Filing 126 Notice of Appeal as to #93 Report and Recommendations,, Terminate Motions, #125 Order on Emergency Motion/Certification of Emergency, #124 Order on Report and Recommendations,, Order on Motion for Miscellaneous Relief,, Order on Emergency Motion/Certification of Emergency, by Gasher Inc., Jay Passerino. Filing fee $ 505.00 receipt number 113C-11167236. 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. (Orta, David) |
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Filing 125
ORDER granting Plaintiff's emergency #7 Motion for Preliminary Injunction, Order for Preliminary Injunction and Other Ancillary Relief Against Defendants Jay Passerino and Gasher, Inc. Signed by Judge Jose E. Martinez on 11/16/2018. See attached document for full details. (jza)
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Filing 124
ORDER affirming and adopting Report and Recommendations re #93 ; denying as moot Plaintiff's Partially Unopposed Motion for Leave to Supplement the Record #115 ; denying as moot Plaintiff's Emergency Motion to Extend the Statutory Restraining Order #120 . Signed by Judge Jose E. Martinez on 11/16/2018. See attached document for full details. (jza)
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| Transmission of Notice of Appeal, Order under appeal and Docket Sheet to US Court of Appeals re #126 Notice of Appeal, Notice has been electronically mailed. (apz) |
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Filing 123
ORDER SETTING SHOW CAUSE HEARING on #103 Plaintiff's MOTION for Order to Show Cause for 12/12/2018 at 2:00 PM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 11/15/2018. See attached document for full details. (kmh)
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| Filing 122 CLERK'S Notice of Maintaining Audio-Visual Plaintiff's Exhibit #48 (Thumb Drive) Re D.E. #68 as to Commodity Futures Trading Commission. (rrs) |
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Filing 121
ORDER OF REFERENCE TO MAGISTRATE JUDGE. Motion #103 referred to Judge Alicia M. Otazo-Reyes. Signed by Judge Jose E. Martinez on 11/15/2018. See attached document for full details. (kpe)
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| Filing 120 Second EMERGENCY MOTION with Certification of Emergency attached to Extend the Statutory Restraining Order by Commodity Futures Trading Commission. Responses due by 11/28/2018 (Attachments: #1 Certification)(Pendleton, Elizabeth) |
| Filing 119 Plaintiff's REPLY to #116 Response to Motion for Leave to Supplement the Record by Commodity Futures Trading Commission. (Passman, Allison) |
| Filing 118 RESPONSE in Opposition re #103 Plaintiff's MOTION for Order to Show Cause Against Defendants Passerino and Gasher filed by Gasher Inc., Jay Passerino. Replies due by 11/19/2018. (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, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA)(Orta, David) |
| Filing 117 REPLY to Response to Motion re #62 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by Gasher Inc., Jay Passerino. (Orta, David) |
| Filing 116 RESPONSE to Motion re #115 MOTION to Supplment the Record filed by Gasher Inc., Jay Passerino. Replies due by 11/16/2018. (Orta, David) |
| Filing 115 MOTION to Supplment the Record by Commodity Futures Trading Commission. (Attachments: #1 Proposed Exhibit 50, #2 Proposed Exhibit 51, #3 Corrected Response to Passerino Defts Objections to Report and Recommendation)(Passman, Allison) |
| Filing 114 RESPONSE TO OBJECTION to #93 Report and Recommendations by Commodity Futures Trading Commission. (Passman, Allison) |
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Filing 113
PAPERLESS ORDER requiring Plaintiff's expedited response to Defendants Jay Passerino and Gasher, Inc.'s Objections to Report and Recommendation of Magistrate Judge [ECF No. 105]. Plaintiff shall file any response to Defendants Jay Passerino and Gasher, Inc.'s Objections by November 6, 2018 at 5:00 p.m. Signed by Judge Jose E. Martinez on 11/5/2018. (jza)
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| Filing 112 RESPONSE in Opposition re #62 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by Commodity Futures Trading Commission. Replies due by 11/13/2018. (Passman, Allison) |
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Filing 111
ORDER GRANTING DEFENDANT TIMOTHY JOSEPH ATKINSON'S UNOPPOSED #97 MOTION TO MODIFY ASSET FREEZE WITH INCORPORATED MEMORANDUM OF LAW. Signed by Judge Jose E. Martinez on 11/2/2018. See attached document for full details. (kpe)
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Filing 110
OMNIBUS ORDER. ORDER denying as moot #98 Motion for Extension of Time to File Response; denying #99 Motion to Grant their Motion to Dismiss Plaintiff's Complaint by Default ; granting #101 Motion for Leave to File Plaintiff's Response in Opposition to Motion to Dismiss. Signed by Judge Jose E. Martinez on 11/2/2018. See attached document for full details. (kpe)
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Filing 109
ORDER granting #17 #29 #30 Motion to Appear Pro Hac Vice for Attorney(s) Brian H. Rowe, Alex Spiro and Derek L. Shaffer. Signed by Judge Jose E. Martinez on 11/2/2018. See attached document for full details. (kpe)
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Filing 108
ORDER granting #104 Plaintiff's Emergency Motion to Extend the Statutory Restraining Order. Statutory Restraining Order is hereby extended until 11/16/2018. Signed by Judge Jose E. Martinez on 11/2/2018. See attached document for full details. (wh)
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| Filing 107 RESPONSE to Motion re #104 EMERGENCY MOTION with Certification of Emergency attached filed by Gasher Inc., Jay Passerino. Replies due by 11/9/2018. (Orta, David) |
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Filing 106
PAPERLESS ORDER requiring expedited responses to Plaintiff's Emergency Motion to Extend the Statutory Restraining Order #104 . Defendants shall file any responses to Plaintiff's Emergency Motion #104 by November 2, 2018 at 1:00 p.m. Signed by Judge Jose E. Martinez on 11/1/2018. (jza)
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| Filing 105 OBJECTIONS to #93 Report and Recommendations by Gasher Inc., Jay Passerino. (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)(Orta, David) |
| Filing 104 EMERGENCY MOTION with Certification of Emergency attached by Commodity Futures Trading Commission. Responses due by 11/14/2018 (Attachments: #1 Exhibit A, #2 Certification of Emergency)(Pendleton, Elizabeth) |
| Filing 103 Plaintiff's MOTION for Order to Show Cause Against Defendants Passerino and Gasher by Commodity Futures Trading Commission. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Pendleton, Elizabeth) |
| Filing 102 RESPONSE in Opposition re #101 MOTION for Leave to File Plaintiff's Response in Opposition to Motion to Dismiss filed by Gasher Inc., Jay Passerino. Replies due by 11/6/2018. (Orta, David) |
| Filing 101 MOTION for Leave to File Plaintiff's Response in Opposition to Motion to Dismiss by Commodity Futures Trading Commission. (Attachments: #1 Exhibit A)(Passman, Allison) |
| Filing 100 RESPONSE in Opposition re #98 MOTION for Extension of Time to File Response/Reply/Answer as to #62 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by Gasher Inc., Jay Passerino. Replies due by 11/2/2018. (Attachments: #1 Exhibit Exhibit 1)(Orta, David) |
| Filing 99 MOTION for Default Judgment - Motion to Grant Motion to Dismiss Plaintiff's Complaint (Dkt. 62) by Default by Gasher Inc., Jay Passerino. (Orta, David) |
| Filing 98 MOTION for Extension of Time to File Response/Reply/Answer as to #62 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Commodity Futures Trading Commission. (Attachments: #1 Exhibit A - 10.26.2018 Email)(Pendleton, Elizabeth) |
| Filing 97 Unopposed MOTION to Modify Asset Freeze Order with Incorporated Memorandum of Law by Timothy Atkinson. (Attachments: #1 Exhibit A- Assets and Accounts, #2 Text of Proposed Order Exhibit B)(Cox, Jeffrey) |
| Filing 95 TRANSCRIPT NOTIFICATION - Transcript ordered on: 10/23/2018 by David M. Orta, Esq. has been filed by Court Reporter: Joanne Mancari, 305-523-5635 re #89 Transcript Information Form. (apz) |
| Filing 94 COURT REPORTER ACKNOWLEDGMENT re #89 Transcript Information Form. Court Reporter: Other, 305-523-5635. Estimated filing date of transcript 10/2/2018. (apz) |
| Filing 96 Clerks Notice of Docket Correction re #90 Court Reporter Acknowledgment, #91 Transcript Notification. Documents filed in error, see DE #94 and DE #95 for correct documents. (apz) |
| Filing 93 REPORT AND RECOMMENDATION re #7 EMERGENCY MOTION. Objections to R&R due by 10/31/2018. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 10/24/2018. See attached document for full details. (Attachments: #1 Exhibit A - Proposed Order) (kmh) |
| Filing 92 REPLY to #85 Reply to Response to Motion, DEFENDANTS JAY PASSERINO AND GASHER, INC.S SUR-REPLY AND SUPPLEMENTATION OF RECORD IN FURTHER OPPOSITION TO P LAINTIFFS MOTION FOR PRELIMINARY INJUNCTION by Commodity Futures Trading Commission. (Passman, Allison) |
| Filing 91 TRANSCRIPT NOTIFICATION - Transcript(s) ordered on: 10-16-2018 by Alex Spiro, Esq. has/have been filed by Court Reporter: Gizella Baan-Proulx, 305-523-5634 / [email protected] re #89 Transcript Information Form. (gbx) |
| Filing 90 COURT REPORTER ACKNOWLEDGMENT re #89 Transcript Information Form. Court Reporter: Gizella Baan-Proulx, 305-523-5634 / [email protected]. Estimated filing date of transcript 10-17-2018. USCA number 18-14338-G. (gbx) |
| Filing 89 TRANSCRIPT INFORMATION FORM by Gasher Inc., Jay Passerino re #53 Notice of Appeal,,. SRO Hearing transcript(s) ordered. Order placed by David M. Orta. Email sent to Court Reporter Coordinator. (Orta, David) |
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Filing 88
ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL SCHEDULE, REOUIRING MEDIATION, AND REFERRING CERTAIN MOTIONS TO MAGISTRATE JUDGE: ( Jury Trial set for 3/2/2020 09:30 AM in Miami Division before Judge Jose E. Martinez., Calendar Call set for 2/27/2020 01:30 PM in Miami Division before Judge Jose E. Martinez.) Signed by Judge Jose E. Martinez on 10/22/2018. See attached document for full details. (kpe) #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 87 Joint MOTION Agreed Motion to Shorten Time to File Objections to Report and Recommendation re #7 EMERGENCY MOTION with Certification of Emergency attached Motion for Preliminary Injunction by Commodity Futures Trading Commission. (Attachments: #1 Exhibit A)(Pendleton, Elizabeth) |
| Filing 86 NOTICE of Attorney Appearance by Melanie Emmons Damian on behalf of Melanie E. Damian (Damian, Melanie) |
| Filing 85 REPLY to Response to Motion re #7 EMERGENCY MOTION with Certification of Emergency attached Motion for Preliminary Injunction DEFENDANTS JAY PASSERINO AND GASHER, INC.S SUR-REPLY AND SUPPLEMENTATION OF RECORD IN FURTHER OPPOSITION TO PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION filed by Gasher Inc., Jay Passerino. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Orta, David) |
| Filing 84 Amended MOTION to Withdraw as Attorney by Rosenberg Cummings & Edwards PLLC for / by All In Publishing, LLC. Responses due by 11/2/2018 (Attachments: #1 Text of Proposed Order)(Rosenthal, Marc) |
| Filing 83 SCHEDULING REPORT - Rule 26(f) by Commodity Futures Trading Commission (Attachments: #1 Pretrial Deadlines and Trial Date, #2 Election to Jurisdiction by a US Magistrate Judge, #3 Proposed Order)(Passman, Allison) |
| Filing 82 Acknowledgment of Receipt of NOA from USCA re #53 Notice of Appeal, filed by Jay Passerino, Gasher Inc. Date received by USCA: 10/10/2018. USCA Case Number: 18-14338-G. (apz) |
| Filing 81 NOTICE by Gasher Inc., Jay Passerino Notice of Consent (Orta, David) |
| Filing 80 Certificate of Interested Parties/Corporate Disclosure Statement by Gasher Inc., Jay Passerino identifying Other Affiliate Haggle USA Corp., Other Affiliate Mayhem Bros. Inc. for Jay Passerino (Orta, David) |
| Filing 79 NOTICE by Commodity Futures Trading Commission re #7 EMERGENCY MOTION with Certification of Emergency attached Motion for Preliminary Injunction Notice of Filing of (Proposed) Consent Order (Attachments: #1 Text of Proposed Order Proposed Consent Order of Preliminary Injunction as to Defendants Atkinson and All in Publishing) (Pendleton, Elizabeth) |
| Filing 78 CERTIFICATE of Compliance Re Admitted Evidence for exhibit(s): 1-49 by Elizabeth N. Pendleton on behalf of Commodity Futures Trading Commission (Pendleton, Elizabeth) |
| Filing 77 MOTION to Withdraw as Attorney FOR ALL IN PUBLISHING, LLC by Rosenberg Cummings & Edwards PLLC for / by All In Publishing, LLC. Responses due by 10/31/2018 (Attachments: #1 Text of Proposed Order)(Rosenthal, Marc) |
| Filing 76 TRANSCRIPT of Preliminary Injunction Hearing held on 10-12-2018 before Magistrate Judge Alicia M. Otazo-Reyes, 1-195 pages, Court Reporter: Gizella Baan-Proulx, 305-523-5634 / [email protected]. 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 11/7/2018. Redacted Transcript Deadline set for 11/19/2018. Release of Transcript Restriction set for 1/15/2019. (gbx) |
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Filing 75
PAPERLESS ORDER granting in part #73 MOTION for Extension of Time. Defendants Jay Passerino and Gasher, Inc. may have until 10/22/2018 to file their sur-reply and supplement the record, conditioned upon their consent to the extension of the Statutory Restraining Order that is in place. Otherwise, the Motion is denied. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 10/17/2018. (kmh)
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| Filing 74 CLERK'S Notice of Policy re Electronic Submission of Exhibits Re D.E. #68 .Local Rule 5.3 provides that within ten (10) days of the conclusion of a hearing or trial, a party must file in CM/ECF an electronic version of most exhibits offered or introduced into evidence. Before electronically filing, the filer must redact any sensitive, confidential, or private information in accordance with Fed. R. Civ. P. 5.2, Fed. R. Crim. P. 49.1, and CM/ECF Administrative Procedures, Section 6, or seek an order from the Court either to seal the exhibit or to exempt the exhibit from electronic filing under subsection (b)(3)(C) of the rule. Failure to electronically file exhibits and the Certificate of Compliance Re Admitted Evidence within ten (10) days may result in the imposition of sanctions. The Local Rule, The Certificate of Compliance Re Admitted Evidence, and the Quick Reference Guide to Electronically Filing Trial Exhibits can be found on the Courts website: http://www.flsd.uscourts.gov as to All In Publishing, LLC, Timothy Atkinson, Commodity Futures Trading Commission, Gasher Inc., Jay Passerino. (rrs) |
| Filing 73 MOTION for Extension of Time to File Response/Reply/Answer Motion for Extension of Time to File Sur-Reply and Supplement the Record by Gasher Inc., Jay Passerino. (Attachments: #1 Exhibit A, #2 Exhibit B)(Orta, David) |
| Filing 72 Certificate of Interested Parties/Corporate Disclosure Statement by Commodity Futures Trading Commission identifying Other Affiliate Haggle USA Corp., Other Affiliate Mayhem Bros. Inc., Other Affiliate Digital Platinum Ltd., Other Affiliate Digital Platinum Inc. for Commodity Futures Trading Commission (Gradman, Susan) |
| Filing 71 NOTICE by Commodity Futures Trading Commission re #7 EMERGENCY MOTION with Certification of Emergency attached Motion for Preliminary Injunction Notice of Hearing Exhibits (Attachments: #1 Exhibit Hearing Exhibits 45-49) (Pendleton, Elizabeth) |
| Filing 70 NOTICE by Commodity Futures Trading Commission re #7 EMERGENCY MOTION with Certification of Emergency attached Motion for Preliminary Injunction Notice of Filing (Attachments: #1 Proposed Order) (Gradman, Susan) |
| Filing 69 NOTICE of Striking #66 Notice (Other) filed by Commodity Futures Trading Commission by Commodity Futures Trading Commission (Gradman, Susan) |
| Filing 68 Exhibit and Witness List for preliminary injunction hearing held 10/12/18 before Magistrate Judge Alicia M. Otazo-Reyes. (sl) |
| Filing 67 Clerks Notice to Filer re #66 Notice (Other). Proposed Order Docketed as Main Document; CORRECTIVE ACTION REQUIRED - Filer must File a Notice of Striking, then resubmit the proposed order as instructed in the CM/ECF Administrative Procedures. (kpe) |
| Filing 66 NOTICE by Commodity Futures Trading Commission re #7 EMERGENCY MOTION with Certification of Emergency attached Motion for Preliminary Injunction Proposed Order (Gradman, Susan) |
| Filing 65 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Alicia M. Otazo-Reyes: preliminary injunction hearing held on 10/12/2018. Defendant shall supplement the record by 10/17/18. Plaintiff shall reply by 10/19/18. Total time in court: 3 hour(s) : 35 minutes. Attorney Appearance(s): Elizabeth N. Pendleton and Allison V. Passman appeared on behalf of Plaintiff; Melissa Damian appeared on behalf of the receiver; Jeffrey L. Cox appeared on behalf of Defendant Timothy Atkinson and stood in for counsel for Defendant All In Publishing; Alex Spiro, and Brian Hunt Rowe appeared on behalf of Defendants Jay Passerino and Gasher, Inc. Court Reporter: Gizella Baan-Proulx, 305-523-5634 / [email protected]. (sl) |
| Filing 64 NOTICE of Striking #61 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by Jay Passerino, Gasher Inc. by Gasher Inc., Jay Passerino (Orta, David) |
| Filing 63 REPLY to Response to Motion re #8 EMERGENCY MOTION with Certification of Emergency attached Motion for Leave to File A Combined Brief in Excess and Motion for Preliminary Injunction filed by Commodity Futures Trading Commission. (Attachments: #1 Exhibits to Reply in Support of Motion for Preliminary Injunction)(Gradman, Susan) |
| Filing 62 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Gasher Inc., Jay Passerino. Responses due by 10/25/2018 (Orta, David) |
| Filing 61 STRICKEN MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Gasher Inc., Jay Passerino. Responses due by 10/25/2018 (Orta, David) Modified on 10/12/2018 per DE #64 Notice of Striking (kpe). |
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Filing 60
PAPERLESS ORDER granting #57 MOTION for Leave to File. Plaintiff may file a 20-page Reply. Defendants Jay Passerino and Gasher, Inc. may file a Sur-reply. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 10/11/2018. (kmh)
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| Filing 59 NOTICE of Attorney Appearance by Kenneth Dante Murena on behalf of Melanie E. Damian. Attorney Kenneth Dante Murena added to party Melanie E. Damian(pty:rc). (Murena, Kenneth) |
| Filing 58 NOTICE of Attorney Appearance by Melanie Emmons Damian on behalf of Melanie E. Damian. Attorney Melanie Emmons Damian added to party Melanie E. Damian(pty:rc). (Damian, Melanie) |
| Filing 57 MOTION for Leave to File Reply Memorandum in Support of Motion for Preliminary Injunction by Commodity Futures Trading Commission. (Attachments: #1 Reply Memorandum in Support of Motion for Preliminary Injunction, #2 Exhibits to Reply Memorandum in Support of Motion for Preliminary Injunction)(Gradman, Susan) |
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Filing 56
PAPERLESS ORDER denying without prejudice #54 MOTION for Leave to File for failure to file a certificate of conferral with opposing counsel as required by Local Rule 7.1(a)(3). Signed by Magistrate Judge Alicia M. Otazo-Reyes on 10/11/2018. (kmh)
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| Filing 55 RESPONSE in Opposition re #54 MOTION for Leave to File Plaintiff's Reply in Support of Motion for Preliminary Injunction MOTION for Leave to File Excess Pages filed by Gasher Inc., Jay Passerino. Replies due by 10/18/2018. (Orta, David) |
| Filing 54 MOTION for Leave to File Plaintiff's Reply in Support of Motion for Preliminary Injunction, MOTION for Leave to File Excess Pages by Commodity Futures Trading Commission. (Attachments: #1 Reply in Support of Motion for Preliminary Injunction, #2 Exhibits to Reply in Support of Motion for Preliminary Injunction)(Gradman, Susan) |
| Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #53 Notice of Appeal,, Notice has been electronically mailed. (hh) |
| Filing 53 Notice of Appeal as to #48 Temporary Restraining Order, 25 Order, #47 Order on Report and Recommendations,,, Order on Emergency Motion/Certification of Emergency,,,,,,,, #18 Report and Recommendations,, Order Setting/Cancelling Hearing,, Terminate Motions, by Gasher Inc., Jay Passerino. Filing fee $ 505.00 receipt number 113C-11061116. 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. (Orta, David) |
| Filing 52 NOTICE by Gasher Inc., Jay Passerino Notice of Constitutional Challenge (Orta, David) |
| Filing 51 RESPONSE in Opposition re #7 EMERGENCY MOTION with Certification of Emergency attached Motion for Preliminary Injunction filed by Gasher Inc., Jay Passerino. Replies due by 10/16/2018. (Attachments: #1 Exhibit A - October 5 - 9, 2018 Email Chain, #2 Exhibit B - October 5 - 9, 2018 Email Chain, #3 Exhibit C - September 28, 2018 Hearing Transcript)(Orta, David) |
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Filing 50
ORDER granting #49 MOTION for permission to use electronic equipment. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 10/9/2018. See attached document for full details. (kmh)
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| Filing 49 MOTION Motion for permission to use electronic equipment re #18 Report and Recommendations,, Order Setting/Cancelling Hearing,, Terminate Motions, by Commodity Futures Trading Commission. (Attachments: #1 Exhibit Proposed Order)(Gradman, Susan) |
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Filing 48
ORDER GRANTING PLAINTIFF'S #6 EMERGENCY MOTION FOR STATUTORY RESTRAININGORDER, #9 APPOINTMENT OF RECEIVER, AN ACCOUNTING, AND OTHER EQUITABLE RELIEF. Signed by Judge Jose E. Martinez on 10/5/2018. See attached document for full details. (kpe)
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Filing 47
ORDER ADOPTING IN PART AND MODIFYING IN PART REPORT AND RECOMMENDATIONS for #6 Emergency Motion for Statutory Restraining Order with Notice, #9 Emergency Motion for Appointment of Temporary Receiver ; granting #6 Emergency Motion for Statutory Restraining Order with Notice ; granting #9 Emergency Motion for Appointment of Temporary Receiver ; Adopting in Part and Modified in part #18 Report and Recommendations. Signed by Judge Jose E. Martinez on 10/5/2018. See attached document for full details. (kpe)
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| Filing 46 Notice of Pending, Refiled, Related or Similar Actions by All In Publishing, LLC (Rosenthal, Marc) |
| Filing 45 Notice of Pending, Refiled, Related or Similar Actions by Timothy Atkinson (Cox, Jeffrey) |
| Filing 43 Clerks Notice to Filer re #40 OBJECTION of Magistrate Judge to District Court. 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. (kpe) |
| Filing 42 Clerks Notice to Filer re #41 Notice (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. (kpe) |
| Filing 44 OBJECTIONS to #18 Report and Recommendations by Timothy Atkinson. See DE #40 for image. (kpe) |
| Filing 41 Motion to Join/NOTICE by All In Publishing, LLC re #40 OBJECTION to Report and Recommendation, #38 Objections to Report and Recommendation (Rosenthal, Marc) Modified to convert document to a Motion on 10/5/2018 (kpe). |
| Filing 40 Objections to #18 Report and Recommendation and Motion to Join DE #38 Objections to the Report and Recommendation (Cox, Jeffrey) Modified to add Motion to Join on 10/5/2018 (kpe). |
| Filing 39 NOTICE by Gasher Inc., Jay Passerino / Notice of Constitutional Challenge to Act of Congress [Dkt. 38] (Orta, David) |
| Filing 38 OBJECTIONS to #18 Report and Recommendations by Gasher Inc., Jay Passerino. (Attachments: #1 Exhibit A - September 28, 2018 Hearing Transcript, #2 Exhibit B - Declaration of Brian H. Rowe)(Orta, David) |
| Filing 37 NOTICE of Attorney Appearance by Paul David Edwards on behalf of All In Publishing, LLC. Attorney Paul David Edwards added to party All In Publishing, LLC(pty:dft). (Edwards, Paul) |
| Filing 36 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by Commodity Futures Trading Commission. Jay Passerino served on 9/28/2018, answer due 10/19/2018. (Gradman, Susan) |
| Filing 35 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by Commodity Futures Trading Commission. Gasher Inc. served on 9/28/2018, answer due 10/19/2018. (Gradman, Susan) |
| Filing 34 NOTICE of Attorney Appearance by Marc Edward Rosenthal on behalf of All In Publishing, LLC. Attorney Marc Edward Rosenthal added to party All In Publishing, LLC(pty:dft). (Rosenthal, Marc) |
| Filing 33 NOTICE of Attorney Appearance by Casey Ryan Cummings on behalf of All In Publishing, LLC. Attorney Casey Ryan Cummings added to party All In Publishing, LLC(pty:dft). (Cummings, Casey) |
| Filing 32 NOTICE of Attorney Appearance by James D. Sallah on behalf of Timothy Atkinson. Attorney James D. Sallah added to party Timothy Atkinson(pty:dft). (Sallah, James) |
| Filing 31 NOTICE of Attorney Appearance by Jeffrey L. Cox on behalf of Timothy Atkinson. Attorney Jeffrey L. Cox added to party Timothy Atkinson(pty:dft). (Cox, Jeffrey) |
| Filing 30 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Derek L. Shaffer. Filing Fee $ 75.00 Receipt # 113C-11043034 by Gasher Inc., Jay Passerino. Responses due by 10/16/2018 (Orta, David) |
| Filing 29 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Alex Spiro. Filing Fee $ 75.00 Receipt # 113C-11042970 by Gasher Inc., Jay Passerino. Attorney David Michael Orta added to party Gasher Inc.(pty:dft). Responses due by 10/16/2018 (Orta, David) |
| Filing 28 NOTICE of Attorney Appearance by Elizabeth N. Pendleton on behalf of Commodity Futures Trading Commission. Attorney Elizabeth N. Pendleton added to party Commodity Futures Trading Commission(pty:pla). (Pendleton, Elizabeth) |
| Filing 27 TRANSCRIPT of Hearing held on 9/28/2018 before Magistrate Judge Alicia M. Otazo-Reyes, 1-33 pages, Court Reporter: Other, 305-523-5635. 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 10/23/2018. Redacted Transcript Deadline set for 11/2/2018. Release of Transcript Restriction set for 12/31/2018. (apz) |
| Filing 26 Clerks Notice to Filer re #24 MOTION. Certification of Emergency Docketed as Main Document; CORRECTIVE ACTION REQUIRED - Filer must File a Notice of Striking, then resubmit the Motion as instructed in the CM/ECF Administrative Procedures. (kpe) |
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Filing 25
PAPERLESS ORDER expediting objection period for Report and Recommendation #18 . After a sua sponte review of the record, this Court finds good cause in this case to expedite the objection period. Accordingly, Defendants must file any objections to the Report and Recommendation #18 on or before October 4, 2018. Signed by Judge Jose E. Martinez on 10/2/2018. (jza)
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| Reset Deadlines Per DE#25. Objections to R&R due by 10/4/2018 (cqs) |
| Filing 24 MOTION Entry of order re #20 MOTION Request to enter order re #18 Report and Recommendations,, Order Setting/Cancelling Hearing,, Terminate Motions, by Commodity Futures Trading Commission. (Gradman, Susan) |
| Filing 23 WAIVER OF SERVICE Returned Executed by Commodity Futures Trading Commission. All In Publishing, LLC waiver sent on 9/27/2018, answer due 11/26/2018. (Gradman, Susan) |
| Filing 22 WAIVER OF SERVICE Returned Executed by Commodity Futures Trading Commission. Timothy Atkinson waiver sent on 9/27/2018, answer due 11/26/2018. (Gradman, Susan) |
| Filing 21 RESPONSE in Opposition re #20 MOTION Request to enter order re #18 Report and Recommendations,, Order Setting/Cancelling Hearing,, Terminate Motions, Defendant Jay Passerino's Opposition to Plaintiff's Motion Requesting Entry of Proposed Statutory Restraining Order filed by Jay Passerino. Replies due by 10/9/2018. (Orta, David) |
| Filing 20 MOTION Request to enter order re #18 Report and Recommendations,, Order Setting/Cancelling Hearing,, Terminate Motions, by Commodity Futures Trading Commission. (Gradman, Susan) |
| Filing 19 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Alicia M. Otazo-Reyes: Motion Hearing held on 9/28/2018 on D.E. #6 EMERGENCY MOTION with Certification of Emergency attached for Statutory Restraining Order; D.E. #7 EMERGENCY MOTION with Certification of Emergency attached for Preliminary Injunction; D.E. #9 EMERGENCY MOTION with Certification of Emergency attached for Appointment of a Temporary Receiver and D.E. #10 EMERGENCY MOTION with Certification of Emergency attached for Expedited Discovery Total time in court: 50 minutes. Attorney Appearance(s): Allison V. Passman appeared on behalf of Plaintiff; Brian Roe appeared on behalf of Defendant Jay Passerino. James Sala was contacted by the court and appeared briefly by phone, stating he had not been retained as counsel for Defendant Timothy Atkinson. Preliminary Injunction hearing set for 10/12/18 at 10:00 A.M. before Magistrate Judge Alicia M. Otazo-Reyes. Order entered D.E. #18 . (Digital 15:03:09) (sl) |
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Filing 18
ORDER granting #10 EMERGENCY MOTION; REPORT AND RECOMMENDATION re #6 EMERGENCY MOTION, #9 EMERGENCY MOTION; setting Preliminary Injunction Hearing for 10/12/2018 at 10:00 AM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. Objections to R&R due by 10/12/2018. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 9/28/2018. See attached document for full details. (Attachments: #1 Exhibit A - Proposed Order) (kmh)
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| Filing 17 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for David Orta. Filing Fee $ 75.00 Receipt # 113C-11033047 by Jay Passerino. Attorney David Michael Orta added to party Jay Passerino(pty:dft). Responses due by 10/12/2018 (Orta, David) |
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Filing 16
PAPERLESS ORDER granting #15 EMERGENCY MOTION. The Hearing set for 10/4/2018 at 9:00 AM is hereby RESET to 9/28/2018 at 3:00 PM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 9/27/2018. (kmh)
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| Filing 15 EMERGENCY MOTION with Certification of Emergency attached Requesting Change of Hearing Date by Commodity Futures Trading Commission. Responses due by 10/11/2018 (Attachments: #1 Certification of Emergency)(Gradman, Susan) |
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Filing 14
ORDER granting #8 EMERGENCY MOTION; Setting Hearing on #6 EMERGENCY MOTION, #7 EMERGENCY MOTION, #9 EMERGENCY MOTION and #10 EMERGENCY MOTION for 10/4/2018 at 9:00 AM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 9/27/2018. See attached document for full details. (kmh)
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Filing 13
AMENDED ORDER OF REFERENCE TO MAGISTRATE JUDGE. ORDER REFERRING #6 EMERGENCY MOTION for Statutory Restraining Order with Notice, #7 EMERGENCY MOTION for Preliminary Injunction, #9 EMERGENCY MOTION for Motion for Appointment of a Temporary Receiver, #10 EMERGENCY MOTION for Expedited Discovery. Motions referred to Judge Alicia M. Otazo-Reyes for Report and Recommendation. Signed by Judge Jose E. Martinez on 9/27/2018. See attached document for full details. (kpe)
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Filing 12
ORDER REFERRING #6 EMERGENCY MOTION with Certification of Emergency attached Motion for Statutory Restraining Order filed by Commodity Futures Trading Commission, #10 EMERGENCY MOTION with Certification of Emergency attached Motion for Expedited Discovery filed by Commodity Futures Trading Commission, #7 EMERGENCY MOTION with Certification of Emergency attached Motion for Preliminary Injunction filed by Commodity Futures Trading Commission. Motions referred to Judge Alicia M. Otazo-Reyes. Signed by Judge Jose E. Martinez on 9/27/2018. See attached document for full details. (mno)
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Filing 11
Order Requiring Joint Scheduling Report. Signed by Judge Jose E. Martinez on 9/27/2018. See attached document for full details. (dq)
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| Filing 10 EMERGENCY MOTION with Certification of Emergency attached Motion for Expedited Discovery by Commodity Futures Trading Commission. Responses due by 10/11/2018 (Attachments: #1 Certification of Emergency, #2 Proposed Order)(Gradman, Susan) |
| Filing 9 EMERGENCY MOTION with Certification of Emergency attached Motion for Appointment of a Temporary Receiver by Commodity Futures Trading Commission. Responses due by 10/11/2018 (Attachments: #1 Certification of Emergency, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Gradman, Susan) |
| Filing 8 EMERGENCY MOTION with Certification of Emergency attached Motion for Leave to File A Combined Brief in Excess by Commodity Futures Trading Commission. Responses due by 10/11/2018 (Attachments: #1 Certification of Emergency, #2 Memorandum in Support of Motions for Statutory Restraining Order and Preliminary Injunction, #3 Exhibits to Memorandum in Support of Motions for Statutory Restraining Order and Preliminary Injunction)(Gradman, Susan) |
| Filing 7 EMERGENCY MOTION with Certification of Emergency attached Motion for Preliminary Injunction by Commodity Futures Trading Commission. Responses due by 10/11/2018 (Attachments: #1 Certificate of Emergency)(Gradman, Susan) |
| Filing 6 EMERGENCY MOTION with Certification of Emergency attached Motion for Statutory Restraining Order by Commodity Futures Trading Commission. Responses due by 10/11/2018 (Attachments: #1 Certificate of Emergency, #2 Proposed Order)(Gradman, Susan) |
| Filing 5 NOTICE by Commodity Futures Trading Commission re #1 Complaint, 4 Clerks Notice to Filer re: Electronic Case (Civil Cover Sheet) (Gradman, Susan) |
| Filing 4 Clerks Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (bb) |
| Filing 3 Summons Issued as to All In Publishing, LLC, Timothy Atkinson, Gasher Inc., Jay Passerino. (vmz) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Jose E. Martinez. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia M. Otazo-Reyes 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. (vmz) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00. USA Filer - No Filing Fee Required, filed by Commodity Futures Trading Commission. (Attachments: #1 Summon(s), #2 Summon(s), #3 Summon(s), #4 Summon(s))(Gradman, Susan) |
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