Securities and Exchange Commission v. Keener
Plaintiff: Securities and Exchange Commission
Defendant: Justin W. Keener and Justin W. Keener doing business as JMJ Financial
Case Number: 1:2020cv21254
Filed: March 24, 2020
Court: US District Court for the Southern District of Florida
Presiding Judge: Beth Bloom
Referring Judge: Lauren Fleischer Louis
Nature of Suit: Securities/Commodities
Cause of Action: 15 U.S.C. § 0078 Securities Exchange Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 8, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 8, 2023 Opinion or Order Filing 151 Pursuant to 11th Cir. R. 11-2 and 11th Cir. R. 11-3, the Clerk of the District Court for the Southern District of Florida certifies that the record is complete for purposes of this appeal re: #148 Notice of Appeal, Appeal No. 22-14237-JJ. The entire record on appeal is available electronically. (apz)
December 28, 2022 Opinion or Order Filing 150 TRANSCRIPT INFORMATION FORM by Justin W. Keener re #148 Notice of Appeal. All necessary transcripts already on file. No Transcript Requested. (Greenberg, Benjamin) Modified text on 1/11/2023 to reflect that no transcripts are being requested (apz).
December 27, 2022 Opinion or Order Filing 149 Acknowledgment of Receipt of NOA from USCA re #148 Notice of Appeal, filed by Justin W. Keener. Date received by USCA: 12/22/2022. USCA Case Number: 22-14237-D. (jes)
December 22, 2022 Opinion or Order Transmission of Notice of Appeal, Judgment under appeal, and Docket Sheet to US Court of Appeals re #148 Notice of Appeal, Notice has been electronically mailed. (apz)
December 21, 2022 Opinion or Order Filing 148 Notice of Appeal as to #147 Judgment by Justin W. Keener. Filing fee $ 505.00 receipt number AFLSDC-16191363. 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 All Forms and look for Transcript Order Form #www.flsd.uscourts.gov/forms/all-forms. (Greenberg, Benjamin)
December 19, 2022 Opinion or Order Filing 147 FINAL JUDGMENT in favor of Securities and Exchange Commission against Justin W. Keener. Case is Closed. Signed by Judge Beth Bloom on 12/19/2022. See attached document for full details. (jas)
December 16, 2022 Opinion or Order Filing 146 NOTICE by Securities and Exchange Commission Prejudgment Interest (Attachments: #1 Exhibit Prejudgment Interest Calculation) (Braunstein, Joshua)
December 7, 2022 Opinion or Order Filing 145 ORDER ADOPTING IN PART MAGISTRATE JUDGES REPORT AND RECOMMENDATIONS; Adopting in Part #138 Report and Recommendation; granting in part and denying in part #122 Motion for Judgment. Signed by Judge Beth Bloom on 12/6/2022. See attached document for full details. (jas)
September 6, 2022 Opinion or Order Filing 144 RESPONSE TO OBJECTION to #138 Report and Recommendations by Justin W. Keener. (Greenberg, Benjamin)
September 6, 2022 Opinion or Order Filing 143 RESPONSE TO OBJECTION to #138 Report and Recommendations by Securities and Exchange Commission. (Attachments: #1 Exhibit, #2 Exhibit)(Braunstein, Joshua)
August 24, 2022 Opinion or Order Filing 142 PAPERLESS ORDER granting #141 Motion to Withdraw as Attorney. Veena Viswanatha representing Keener, Justin W. (Defendant) is permitted to withdraw from case. Notice of Termination delivered by US Mail to Veena Viswanatha. Signed by Judge Beth Bloom (BB)
August 24, 2022 Opinion or Order Filing 141 Unopposed MOTION to Withdraw as Attorney by Veena Viswanatha for / by Justin W. Keener. Responses due by 9/7/2022 (Attachments: #1 Exhibit A - Proposed Order)(Greenberg, Benjamin)
August 22, 2022 Opinion or Order Filing 140 OBJECTIONS to #138 Report and Recommendations by Justin W. Keener. (Attachments: #1 Exhibit A)(Greenberg, Benjamin)
August 22, 2022 Opinion or Order Filing 139 OBJECTIONS to #138 Report and Recommendations by Securities and Exchange Commission. (Attachments: #1 Exhibit A -- Spartan Securities Remedy Order, #2 Exhibit B -- Taveras Declaration on PJI)(Petrilla, Antony)
August 8, 2022 Opinion or Order Filing 138 REPORT AND RECOMMENDATIONS re #122 Plaintiff's Motion for Remedies. Objections to R&R due by 8/22/2022. Signed by Magistrate Judge Lauren Fleischer Louis on 8/8/2022. See attached document for full details. (Attachments: #1 Exhibit A: Proposed Judgment) (nce)
May 20, 2022 Opinion or Order Filing 137 SUR REPLY (Sur-Sur-Reply in Support of Motion for Remedies) by Securities and Exchange Commission. (Petrilla, Antony)
May 20, 2022 Opinion or Order Filing 136 PAPERLESS ORDER granting #134 Plaintiff's Motion for Leave to File Sur-Sur-Reply. Plaintiff must separately re-file the Sur-Sur-Reply. Signed by Magistrate Judge Lauren Fleischer Louis on 5/20/2022. (nce)
May 19, 2022 Opinion or Order Filing 135 Clerks Notice to Filer re #134 Reply to Response to Motion,. 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)
May 19, 2022 Opinion or Order Filing 134 UNOPPOSED MOTION for Leave to File Sur-Sur-Reply re #131 Unopposed MOTION for Leave to File Sur-Reply to #129 Plaintiff's Motion for Remedies (Sur-Sur-Reply) filed by Securities and Exchange Commission. (Attachments: #1 Exhibit A -- SEC Sur-Sur-Reply Brief on Remedies)(Petrilla, Antony) Modified document to convert into Motion on 5/19/2022 (kpe).
May 10, 2022 Opinion or Order Filing 133 SUR REPLY to #129 Reply to Response to Motion, PLAINTIFFS MOTION FOR REMEDIES by Justin W. Keener. (Greenberg, Benjamin)
May 9, 2022 Opinion or Order Filing 132 PAPERLESS ORDER granting #131 Motion for Leave to File Sur-Reply. Defendant must separately re-file the Sur-Reply pursuant to Local Rule 15.1. Signed by Judge Beth Bloom (BB)
May 9, 2022 Opinion or Order Filing 131 Unopposed MOTION for Leave to File Sur-Reply to #129 Plaintiff's Motion for Remedies by Justin W. Keener. (Attachments: #1 Exhibit A to Deft's Unopposed Motion for Leave to File Sur-Reply to #129 Pltf's Motion for Remedies)(Greenberg, Benjamin)
May 5, 2022 Opinion or Order Filing 130 ORDER REFERRING MOTION TO MAGISTRATE JUDGE FOR A REPORT AND RECOMMENDATIONS. Motion #122 referred to Judge Lauren Fleischer Louis. Signed by Judge Beth Bloom on 5/5/2022. See attached document for full details. (vmz)
April 29, 2022 Opinion or Order Filing 129 REPLY to Response to Motion re #122 MOTION for Judgment filed by Securities and Exchange Commission. (Attachments: #1 Exhibit A -- Revised Proposed Final Judgment, #2 Exhibit B -- Taveras Second Declaration, #3 Exhibit C -- Excerpts of Keener 2019 Tax Return)(Braunstein, Joshua)
April 19, 2022 Opinion or Order Filing 128 CLERK'S NOTICE of Compliance re #127 Order on Motion to Seal. #124 -8 sealed per Order. (pes)
April 19, 2022 Opinion or Order Filing 127 ORDER granting #126 Motion to Seal. The Clerk is directed to seal ECF No. #124 -8. Signed by Judge Beth Bloom on 4/18/2022. See attached document for full details. (pes)
April 18, 2022 Opinion or Order Filing 126 Unopposed MOTION to Seal ECF No. 124-8 per Local Rule 5.4 by Justin W. Keener. (Attachments: #1 Text of Proposed Order on Defendant's Unopposed Motion to Seal ECF No. 124-8) (Greenberg, Benjamin)
April 15, 2022 Opinion or Order Filing 125 APPENDIX to #124 Response in Opposition to Motion, corrected version of Exhibit H thereto, by Justin W. Keener (Greenberg, Benjamin)
April 15, 2022 Opinion or Order Filing 124 RESPONSE in Opposition re #122 MOTION for Judgment / Remedies filed by Justin W. Keener. Replies due by 4/22/2022. (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)(Greenberg, Benjamin)
March 18, 2022 Opinion or Order Filing 123 APPENDIX to #122 MOTION for Judgment Proposed Final Order by Securities and Exchange Commission (Braunstein, Joshua)
March 18, 2022 Opinion or Order Filing 122 MOTION for Judgment by Securities and Exchange Commission. (Attachments: #1 Exhibit 1 -- List of Issuers, #2 Exhibit 2 -- Taveras Summary Witness Deposition Transcript, #3 Exhibit 3 -- Taveras Summary Remedies Declaration)(Braunstein, Joshua)
February 9, 2022 Opinion or Order Filing 121 ORDER Setting Briefing Schedule. Signed by Judge Beth Bloom on 2/8/2022. See attached document for full details. (pes)
February 8, 2022 Opinion or Order Filing 120 STATUS REPORT (Joint Proposed Briefing Schedule) by Justin W. Keener (Greenberg, Benjamin)
January 25, 2022 Opinion or Order Filing 119 OMNIBUS ORDER on Motions in Limine and Daubert Motions; denying as moot #64 Motion in Limine; denying as moot #65 Motion in Limine; denying as moot #66 Motion in Limine; denying without prejudice #69 Motion in Limine. Signed by Judge Beth Bloom on 1/25/2022. See attached document for full details. (pes)
January 21, 2022 Opinion or Order Filing 118 ORDER granting #68 Plaintiff's Motion for Summary Judgment; denying Defendant's #71 Motion for Summary Judgment. On or before February 8, 2022, the parties shall jointly file a proposed briefing schedule to address the appropriate remedies to be issued. To the extent not otherwise disposed of, all pending motions are DENIED AS MOOT, any scheduled hearings are CANCELED, and all deadlines are TERMINATED. Signed by Judge Beth Bloom on 1/21/2022. See attached document for full details. (wc)
December 29, 2021 Opinion or Order Filing 117 Notice of Supplemental Authority re #71 Defendant's MOTION for Summary Judgment , #90 Response in Opposition to Motion by Justin W. Keener (Attachments: #1 Exhibit A) (Greenberg, Benjamin)
October 21, 2021 Opinion or Order Filing 116 TRANSCRIPT of Motion hearings held on 10/18/2021 before Judge Beth Bloom, 1 - 78 pages, Court Reporter: Yvette Hernandez, 305-523-5698 / Yvette_Hernandez@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 11/12/2021. Redacted Transcript Deadline set for 11/22/2021. Release of Transcript Restriction set for 1/19/2022. (yhz)
October 19, 2021 Opinion or Order Filing 115 ORDER AMENDING SCHEDULING ORDER AND CERTAIN PRETRIAL DEADLINES: Pretrial Stipulation due by 2/14/2022. Jury Trial set for 2/28/2022 09:00 AM in Miami Division before Judge Beth Bloom. Calendar Call set for 2/22/2022 01:45 PM in Miami Division before Judge Beth Bloom. Signed by Judge Beth Bloom on 10/18/2021. See attached document for full details. (jao) #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.
October 18, 2021 Opinion or Order Filing 114 PAPERLESS Minute Order for proceedings held before Judge Beth Bloom: Motion Hearing held on 10/18/2021 re #68 Plaintiff's Motion for Summary Judgment, #71 Defendant's Motion for Summary Judgment, and #106 Defendant's Motion to Strike. Total time in court: 2 hour(s) : 0 minutes. Attorney Appearance(s): Christopher F. Regan, Benjamin Gerald Greenberg, Veena Viswanatha, and Joshua E. Braunstein, Court Reporter: Yvette Hernandez, 305-523-5698 / Yvette_Hernandez@flsd.uscourts.gov. For the reasons stated on the record, the Motion to Strike, ECF No. #106 , is denied. The Motions for Summary Judgment, ECF Nos. #68 & #71 , are taken under advisement. Signed by Judge Beth Bloom (ta00)
October 5, 2021 Opinion or Order Filing 113 RESPONSE in Support re #106 MOTION to Strike #101 Statement of Material Facts (Section A) filed by Justin W. Keener. (Greenberg, Benjamin)
September 28, 2021 Opinion or Order Filing 112 RESPONSE in Opposition re #106 MOTION to Strike #101 Statement of Material Facts (Section A) filed by Securities and Exchange Commission. Replies due by 10/5/2021. (Petrilla, Antony)
September 28, 2021 Opinion or Order Filing 111 NOTICE of Striking #110 Response in Opposition to Motion filed by Securities and Exchange Commission by Securities and Exchange Commission (Petrilla, Antony)
September 28, 2021 Opinion or Order Filing 110 STRICKEN per DE #111 RESPONSE in Opposition re #106 MOTION to Strike #101 Statement of Material Facts (Section A) filed by Securities and Exchange Commission. Replies due by 10/5/2021. (Petrilla, Antony) Modified on 9/29/2021 (jao).
September 25, 2021 Opinion or Order Filing 109 PAPERLESS ORDER denying as moot #70 Motion for Summary Judgment. See ECF No. #74 striking the filing. Signed by Judge Beth Bloom (BB)
September 21, 2021 Opinion or Order Filing 108 PAPERLESS ORDER granting in part and denying in part ECF No. 104 Defendant's Request for Hearing. See also ECF No. #103 . Motion Hearing set for October 18, 2021 at 10:00 AM in Miami Division before Judge Beth Bloom re: Plaintiff's Motion for Summary Judgment, ECF No. #68 ; Defendant's Motion for Summary Judgment, ECF No. #71 ; and Defendant's Motion to Strike, ECF No. #106 . Unless instructed otherwise by subsequent order, the Motion Hearing will be conducted in Courtroom 10-2 at the Wilkie D. Ferguson, Jr. United States Courthouse, 400 North Miami Avenue, Miami, FL 33128. Should the parties wish to appear via video conference, the parties shall advise the Court no later than October 11, 2021. Signed by Judge Beth Bloom (ta00)
September 15, 2021 Opinion or Order Filing 107 NOTICE by Securities and Exchange Commission re #103 Notice (Other),, Regarding Defendant's Request for Hearing (Petrilla, Antony)
September 14, 2021 Opinion or Order Filing 106 MOTION to Strike #101 Statement of Material Facts (Section A) by Justin W. Keener. Responses due by 9/28/2021 (Attachments: #1 Text of Proposed Order)(Greenberg, Benjamin)
September 9, 2021 Opinion or Order Filing 105 Clerks Notice to Filer re #103 Notice (Other), 104 MOTION for Hearing. Two or More Document Events Filed as One; ERROR - Only one event was selected by the Filer but more than one event was applicable to the document filed. The docket entry was corrected by the Clerk. It is not necessary to refile this document but in the future, the Filer must select all applicable events. (mc)
September 8, 2021 Opinion or Order Filing 104 MOTION Request for Hearing re #64 Plaintiff's MOTION in Limine , #65 Plaintiff's MOTION in Limine Omnibus Daubert, #66 MOTION in Limine to Exclude Rebuttal Expert Report of Dr. Carmen Taveras, #68 Plaintiff's MOTION for Summary Judgment , #69 MOTION in Limine to Exclude Any Evidence Regarding Alleged Victims, Counterparties, or Harm, #71 Defendant's MOTION for Summary Judgment by Justin W. Keener. (See DE #103 -1) for image). (mc)
September 8, 2021 Opinion or Order Filing 103 NOTICE by Justin W. Keener re #68 Plaintiff's MOTION for Summary Judgment , #66 MOTION in Limine to Exclude Rebuttal Expert Report of Dr. Carmen Taveras, #69 MOTION in Limine to Exclude Any Evidence Regarding Alleged Victims, Counterparties, or Harm, #65 Plaintiff's MOTION in Limine Omnibus Daubert, #71 Defendant's MOTION for Summary Judgment , #64 Plaintiff's MOTION in Limine of Filing Request for Hearing (Attachments: #1 Exhibit 1) (Greenberg, Benjamin)
September 7, 2021 Opinion or Order Filing 102 REPLY to Response to Motion re #68 Plaintiff's MOTION for Summary Judgment filed by Securities and Exchange Commission. (Braunstein, Joshua)
September 7, 2021 Opinion or Order Filing 101 Statement of: Facts by Securities and Exchange Commission re #91 Response/Reply (Other),, (Braunstein, Joshua)
September 7, 2021 Opinion or Order Filing 100 NOTICE by Justin W. Keener re #98 Response/Reply (Other) of Filing Index of Exhibits (Attachments: #1 Exhibit 1) (Greenberg, Benjamin)
September 7, 2021 Opinion or Order Filing 99 Reply in Support to #71 Defendant's MOTION for Summary Judgment by Justin W. Keener. (Greenberg, Benjamin)
September 7, 2021 Opinion or Order Filing 98 REPLY to #88 Statement, of Material Facts by Justin W. Keener. (Attachments: #1 Affidavit Declaration of Veena Viswanatha, #2 Exhibit 1)(Greenberg, Benjamin)
September 3, 2021 Opinion or Order Filing 97 REPLY to Response to Motion re #64 Plaintiff's MOTION in Limine filed by Securities and Exchange Commission. (Braunstein, Joshua)
September 3, 2021 Opinion or Order Filing 96 REPLY to Response to Motion re #65 Plaintiff's MOTION in Limine Omnibus Daubert filed by Securities and Exchange Commission. (Attachments: #1 Exhibit, #2 Exhibit)(Braunstein, Joshua)
September 3, 2021 Opinion or Order Filing 95 RESPONSE in Support re #69 MOTION in Limine to Exclude Any Evidence Regarding Alleged Victims, Counterparties, or Harm filed by Justin W. Keener. (Attachments: #1 Affidavit Declaration of Veena Viswanatha, #2 Exhibit 1, #3 Exhibit 2)(Greenberg, Benjamin)
September 3, 2021 Opinion or Order Filing 94 RESPONSE in Support re #66 MOTION in Limine to Exclude Rebuttal Expert Report of Dr. Carmen Taveras filed by Justin W. Keener. (Attachments: #1 Affidavit Declaration of Veena Viswanatha, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Greenberg, Benjamin)
September 1, 2021 Opinion or Order Filing 93 NOTICE by Justin W. Keener re #23 Scheduling Order,,,,, Order Referring Case to Mediation,,,,, Order Referring Case to Magistrate Judge,,,, of Filing Index of Exhibits (Attachments: #1 Exhibit 1) (Greenberg, Benjamin)
September 1, 2021 Opinion or Order Filing 92 NOTICE by Securities and Exchange Commission re #88 Statement, Index of Exhibits for Plaintiff's Opposition Statement of Material Facts (Petrilla, Antony)
August 31, 2021 Opinion or Order Filing 91 Opposition to Plaintiff Securities and Exchange Commission's Statement of Material Facts to #67 Statement,,,,,,,,,,, by Justin W. Keener. (Attachments: #1 Affidavit Declaration of Veena Viswanatha, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19)(Greenberg, Benjamin)
August 31, 2021 Opinion or Order Filing 90 RESPONSE in Opposition re #68 Plaintiff's MOTION for Summary Judgment filed by Justin W. Keener. Replies due by 9/7/2021. (Greenberg, Benjamin)
August 31, 2021 Opinion or Order Filing 89 RESPONSE in Opposition re #71 Defendant's MOTION for Summary Judgment filed by Securities and Exchange Commission. Replies due by 9/7/2021. (Braunstein, Joshua)
August 31, 2021 Opinion or Order Filing 88 Statement of: Plaintiff's Opposition Statement of Material Facts by Securities and Exchange Commission re #72 Statement,,,,,,, (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Braunstein, Joshua)
August 27, 2021 Opinion or Order Filing 87 RESPONSE in Opposition re #64 Plaintiff's MOTION in Limine filed by Justin W. Keener. Replies due by 9/3/2021. (Attachments: #1 Affidavit Declaration of Veena Viswanatha, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23)(Greenberg, Benjamin)
August 27, 2021 Opinion or Order Filing 86 RESPONSE in Opposition re #69 MOTION in Limine to Exclude Any Evidence Regarding Alleged Victims, Counterparties, or Harm filed by Securities and Exchange Commission. Replies due by 9/3/2021. (Braunstein, Joshua)
August 27, 2021 Opinion or Order Filing 85 RESPONSE in Opposition re #66 MOTION in Limine to Exclude Rebuttal Expert Report of Dr. Carmen Taveras filed by Securities and Exchange Commission. Replies due by 9/3/2021. (Braunstein, Joshua)
August 27, 2021 Opinion or Order Filing 84 RESPONSE in Opposition re #64 Plaintiff's MOTION in Limine Daubert Motion to Exclude the Testimony of George Oldfield, Jason Flemmons, and Stewart Mayhew filed by Justin W. Keener. Replies due by 9/3/2021. (Attachments: #1 Declaration of Veena Viswanatha ISO Def. Opposition to SEC Daubert Motion, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8)(Greenberg, Benjamin)
August 24, 2021 Opinion or Order Filing 83 PAPERLESS ORDER granting #82 Motion for Leave to File Excess Pages. The parties may file a Response to the Motion for Summary Judgment and Incorporated Memorandum that does not exceed 30 pages. Signed by Judge Beth Bloom (BB)
August 24, 2021 Opinion or Order Filing 82 MOTION for Leave to File Excess Pages for Responses to Motions for Summary Judgment by Justin W. Keener. (Attachments: #1 Text of Proposed Order on Defendant's Motion for Leave to Exceed Page Limits for SJ Response)(Greenberg, Benjamin)
August 17, 2021 Opinion or Order Filing 81 PAPERLESS ORDER granting #80 Motion for Extension of Time. Defendant's Response to Plaintiff's Motion for Summary Judgment is due August 31, 2021; Plaintiff's Reply is due September 7, 2021. Signed by Judge Beth Bloom (ta00)
August 17, 2021 Opinion or Order Filing 80 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #68 Plaintiff's MOTION for Summary Judgment by Justin W. Keener. (Attachments: #1 Text of Proposed Order on Defendant's Unopposed Motion for Extension of Time to File Opposition to Plaintiff's Motion for Summary Judgment)(Greenberg, Benjamin)
August 17, 2021 Opinion or Order Filing 79 PAPERLESS ORDER granting in part and denying in part #78 Motion for Extension of Time to File Response. Plaintiff's Response to Defendant's Motion for Summary Judgment is due August 31, 2021; Defendant's Reply is due September 7, 2021. Signed by Judge Beth Bloom (BB)
August 17, 2021 Opinion or Order Filing 78 Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer to Defendant's Motion for Summary Judgment by Securities and Exchange Commission. (Petrilla, Antony)
August 16, 2021 Opinion or Order Filing 77 Clerk's Notice of Filing Deficiency Re: #76 Notice (Other) filed by Securities and Exchange Commission. Document(s) missing required signature(s) (Fed.R.Civ.P. 11(a)). (jao)
August 14, 2021 Opinion or Order Filing 76 NOTICE by Securities and Exchange Commission re #67 Statement,,,,,,,,,,, Filing Index of Exhibits (Braunstein, Joshua)
August 14, 2021 Opinion or Order Filing 75 NOTICE by Justin W. Keener re #71 Defendant's MOTION for Summary Judgment , #72 Statement,,,,,,, #73 Notice (Other),,, of Filing Index of Exhibits (Attachments: #1 Exhibit 1 - Index of Exhibits to Defendants Motion for Summary Judgment and Statement of Facts in Support of Summary Judgment) (Greenberg, Benjamin)
August 14, 2021 Opinion or Order Filing 74 NOTICE of Striking #70 Defendant's MOTION for Summary Judgment filed by Justin W. Keener by Justin W. Keener (Greenberg, Benjamin)
August 14, 2021 Opinion or Order Filing 73 NOTICE by Justin W. Keener re #72 Statement,,,,,,, Exhibits 50 through 84 to the Declaration of Veena Viswanatha (Attachments: #1 Exhibit 050, #2 Exhibit 051, #3 Exhibit 052, #4 Exhibit 053, #5 Exhibit 054, #6 Exhibit 055, #7 Exhibit 056, #8 Exhibit 057, #9 Exhibit 058, #10 Exhibit 059, #11 Exhibit 060, #12 Exhibit 061, #13 Exhibit 062, #14 Exhibit 063, #15 Exhibit 064, #16 Exhibit 065, #17 Exhibit 066, #18 Exhibit 067, #19 Exhibit 068, #20 Exhibit 069, #21 Exhibit 070, #22 Exhibit 071, #23 Exhibit 072, #24 Exhibit 073, #25 Exhibit 074, #26 Exhibit 075, #27 Exhibit 076, #28 Exhibit 077, #29 Exhibit 078, #30 Exhibit 079, #31 Exhibit 080, #32 Exhibit 081, #33 Exhibit 082, #34 Exhibit 083, #35 Exhibit 084) (Greenberg, Benjamin)
August 13, 2021 Opinion or Order Filing 72 Statement of: Facts in Support of Motion for Summary Judgment by Justin W. Keener re #71 Defendant's MOTION for Summary Judgment (Attachments: #1 Declaration of Veena Viswanatha ISO Defendant's Motion for Summary Judgment, #2 Exhibit 001 - 7.16.21 Keener Tr (W Exs)_Redacted, #3 Exhibit 002 - 6.6.19 Keener Tr (W Exs) (1 of 2), #4 Exhibit 002 - 6.6.19 Keener Tr (W Exs) (2 of 2)_Redacted, #5 Exhibit 003 - JMJ-LIT-012-010760, #6 Exhibit 004 - JMJ-SEC-001-017767, #7 Exhibit 005 - JMJ-SEC-007-002753, #8 Exhibit 006 - JMJ-SEC-007-001256, #9 Exhibit 007 - 10.29.20 SEC Resp to Def. RFAs (1st Set), #10 Exhibit 008 - 9.25.19 Weisman Tr, #11 Exhibit 009 - JMJ-LIT-003-000118, #12 Exhibit 010 - JMJ-LIT-003-000303, #13 Exhibit 011 - 10.7.19 Natan Tr, #14 Exhibit 012 - JMJ-LIT-003-009357 (CATV QL Book), #15 Exhibit 013 - JMJ-SEC-009-000027 (ACNV QL Book), #16 Exhibit 014 - 7.1.21 Oldfield Report (Redacted Hourly Rate), #17 Exhibit 015 - 7.1.21 Mayhew Report (Redacted Hourly Rate), #18 Exhibit 016 - 4.8.21 SEC Resp to Def. RFAs (2nd Set), #19 Exhibit 017, #20 Exhibit 018, #21 Exhibit 019, #22 Exhibit 020, #23 Exhibit 021, #24 Exhibit 022, #25 Exhibit 023, #26 Exhibit 024, #27 Exhibit 025, #28 Exhibit 026, #29 Exhibit 027, #30 Exhibit 028, #31 Exhibit 029, #32 Exhibit 030, #33 Exhibit 031, #34 Exhibit 032, #35 Exhibit 033, #36 Exhibit 034, #37 Exhibit 035, #38 Exhibit 036, #39 Exhibit 037, #40 Exhibit 038, #41 Exhibit 039, #42 Exhibit 040, #43 Exhibit 041, #44 Exhibit 042, #45 Exhibit 043, #46 Exhibit 044, #47 Exhibit 045, #48 Exhibit 046, #49 Exhibit 047, #50 Exhibit 048, #51 Exhibit 049)(Greenberg, Benjamin)
August 13, 2021 Opinion or Order Filing 71 Defendant's MOTION for Summary Judgment by Justin W. Keener. Responses due by 8/27/2021 (Attachments: #1 Declaration of Veena Viswanatha ISO Defendant's Motion for Summary Judgment, #2 Exhibit A - SEC Report JMJ-LIT-020-000011, #3 Exhibit B - Meyer Treatise JMJ-LIT-020-000006, #4 Text of Proposed Order Defendant's Motion for Summary Judgment)(Greenberg, Benjamin)
August 13, 2021 Opinion or Order Filing 70 STRICKEN per DE #74 Defendant's MOTION for Summary Judgment by Justin W. Keener. Responses due by 8/27/2021 (Greenberg, Benjamin) Modified on 8/16/2021 (jao).
August 13, 2021 Opinion or Order Filing 69 MOTION in Limine to Exclude Any Evidence Regarding Alleged Victims, Counterparties, or Harm by Justin W. Keener. (Attachments: #1 Declaration of Veena Viswanatha ISO Defendant's Motion in Limine to Exclude Any Evidence Regarding Alleged Victims, Counterparties, or Harm, #2 Exhibit 01 (7.20.20 SEC Rule 26 Disclosure), #3 Exhibit 02 (7.27.21 Taveras Tr) (Excerpts), #4 Exhibit 03 (7.19.21 Taveras Report), #5 Exhibit 04 (9.11.20 Def. Req. for Prod (1st Set)), #6 Exhibit 05 (3.9.21 Def. RFAs (2nd Set)), #7 Exhibit 06 (6.9.21 Def. Interrog. (4th Set)), #8 Exhibit 07 (4.8.21 SEC Resp to Def. RFAs (2nd Set)), #9 Exhibit 08 (9.29.20 Def. RFA (1st Set)), #10 Exhibit 09 (12.23.20 Def. Interrog. (1st Set)), #11 Exhibit 10 (1.22.21 SEC Resp. to Interrog. (1st Set)), #12 Exhibit 11 (7.16.21 SEC Resp to 4th Interrogs.), #13 Exhibit 12 (6.10.21 SEC 2nd Supplemental Initial Disclosure), #14 Exhibit 13 (6.25.21 Nesbitt Tr) (Excerpts), #15 Exhibit 14 (3.10.21 SEC Supp. Initial Disclosure), #16 Exhibit 15 (JMJ-SEC-008-000380), #17 Text of Proposed Order re Deft's Motion in Limine to Exclude Evidence of Victims Counterparties and Harm)(Greenberg, Benjamin)
August 13, 2021 Opinion or Order Filing 68 Plaintiff's MOTION for Summary Judgment by Securities and Exchange Commission. Responses due by 8/27/2021 (Braunstein, Joshua)
August 13, 2021 Opinion or Order Filing 67 Statement of: Material Facts by Securities and Exchange Commission (Attachments: #1 Exhibit 1 -- Investigative Testimony -- Justin Keener on June 6, 2019, #2 Exhibit 2 -- Fictitious Name Application of JMJ Financial (dated March 13, 2008), #3 Exhibit 3 -- Investigative Testimony -- Sanford Weisman on September 25, 2019, #4 Exhibit 4 -- Investigative Testimony -- Conrad Nagel on September 11, 2019, #5 Exhibit 5 -- Weisman Email to Keener re Screen Project (April 20, 2016), #6 Exhibit 6 -- Portions of Keeners Tax Returns for 2014-17, #7 Exhibit 7 -- FINRA Order Barring Keener (July 20, 2012), #8 Exhibit 8 -- Tolling Agreement between SEC and Keener (March 27, 2019), #9 Exhibit 9 -- JMJ Website Captured on April 16, 2019, #10 Exhibit 10 -- Declaration of Russell Castillo Re JMJ Website Capture (April 16, 2019), #11 Exhibit 11 -- Declaration of Dr. Carman Taveras for the SEC (August 13, 2021), #12 Exhibit 12 -- Convertible Note of Alliance Bioenergy Plus, Inc. (April 25, 2016), #13 Exhibit 13 -- Deposition of Dr. Stewart Mayhew (July 30, 2021), #14 Exhibit 14 -- Natan Email re JMJ QuickLoan Criteria (September 30, 2015), #15 Exhibit 15 -- Ellis re JMJ Criteria for Buying Convertible Notes (April 10, 2015), #16 Exhibit 16 -- PowerPoint Titled Partner Seminar August 14, 2015, #17 Exhibit 17 -- Investigative Testimony -- Eilon Natan on October 7, 2019, #18 Exhibit 18 -- Warrant Purchase Agreement -- JMJ and Blink Charging Co. (October 13, 2016), #19 Exhibit 19 -- JMJ Sales Transaction Data for Blink Charging (June & July 2020), #20 Exhibit 20 -- Convertible Note between JMJ and Blink Charging (October 13, 2016), #21 Exhibit 21 -- JMJ Marketing Initiatives for 2016, #22 Exhibit 22 -- Deposition of Justin Keener on July 16, 2021, #23 Exhibit 23 -- Press Releases Issued by JMJ to the Public in 2015 & 2016, #24 Exhibit 24 -- PowerPoint Titled Broker and Finder Seminar April 8, 2016, #25 Exhibit 25 -- 2017 Commission and Bonus Report for Eilon Natan, #26 Exhibit 26 -- Twitter Posts for @JMJFinancial as of November 9, 2020, #27 Exhibit 27 -- Declaration of Russell Castillo Re Capture of JMJ Twitter Posts as of November 9, 2020, #28 Exhibit 28 -- PowerPoint Titled 2016 Comp Plan, #29 Exhibit 29 -- JMJ Financial Conference Schedule 2016 (as of 6/15/2016), #30 Exhibit 30 -- Guest List for JMJ Dinner at Nobu Restaurant (April 13, 2015), #31 Exhibit 31 -- Keener Email to Issuer (February 15, 2017), #32 Exhibit 32 -- JMJ April 2016 Newsletter, #33 Exhibit 33 -- Campaign Report re Distribution of JMJs August 2016 Newsletter, #34 Exhibit 34 -- Keener Email to Issuer (June 23, 2017), #35 Exhibit 35 -- Keener Email to JMJ Employees Describing Bonus Structure (March 12, 2014), #36 Exhibit 36 -- JMJs Loan Servicing Manual for 2015)(Braunstein, Joshua)
August 13, 2021 Opinion or Order Filing 66 MOTION in Limine to Exclude Rebuttal Expert Report of Dr. Carmen Taveras by Justin W. Keener. (Attachments: #1 Declaration of Veena Viswanatha ISO Defendant's Motion to Exclude, #2 Exhibit 01 (7.19.21 Taveras Report), #3 Exhibit 02 (7.20.20 SEC Rule 26 Disclosure), #4 Exhibit 03 (4.8.21 SEC Resp to Def. 2nd RFAs), #5 Exhibit 04 (1.22.21 SEC Resp to 1st Interrogs.), #6 Exhibit 05 (7.16.21 SEC Resp to 4th Interrogs.), #7 Exhibit 06 (7.1.21 Oldfield Report), #8 Exhibit 07 (7.1.21 Mayhew Report), #9 Exhibit 08 (7.1.21 Flemmons Report), #10 Exhibit 09 (7.30.21 Flemmons Report), #11 Exhibit 10 (8.2.21 Flemmons Tr), #12 Exhibit 11 (7.19.21 SEC Supp. Initial Discl.), #13 Exhibit 12 (7.27.21 Taveras Tr), #14 Exhibit 13 (4.26.21 SEC Resp to 2nd Interrogs.), #15 Exhibit 14 (JMJ-SEC-008-000380), #16 Text of Proposed Order on Defendant's Motion to Exclude Rebuttal Expert Report of Dr. Carmen Taveras)(Greenberg, Benjamin)
August 13, 2021 Opinion or Order Filing 65 Plaintiff's MOTION in Limine Omnibus Daubert by Securities and Exchange Commission. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Braunstein, Joshua)
August 13, 2021 Opinion or Order Filing 64 Plaintiff's MOTION in Limine by Securities and Exchange Commission. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Braunstein, Joshua)
August 9, 2021 Opinion or Order Filing 63 NOTICE by Justin W. Keener re #41 Order on Motion to Amend/Correct,, of Filing Mediator's Report (Attachments: #1 Exhibit 1 - Mediator's Report) (Greenberg, Benjamin)
July 27, 2021 Opinion or Order Filing 62 TRANSCRIPT of Motion Hearing Conducted via Zoom (Transcribed from the Audio Recording) held on July 26, 2021, before Magistrate Judge Lauren Fleischer Louis, 1-67 pages, Court Reporter: Lisa Edwards, 305-439-7168 / reporterlisaedwards@gmail.com. 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 8/17/2021. Redacted Transcript Deadline set for 8/27/2021. Release of Transcript Restriction set for 10/25/2021. (le)
July 27, 2021 Opinion or Order Filing 61 ORDER granting in part and denying in part #47 Motion to Compel. Signed by Magistrate Judge Lauren Fleischer Louis on 7/27/2021. See attached document for full details. (eb00)
July 26, 2021 Opinion or Order Filing 60 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Lauren Fleischer Louis: Motion Hearing held on 7/26/2021 re #47 Motion to Compel. The parties to adhere to the Court's rulings as stated on the record. Total time in court: 1 hour(s) : 20 minutes. Attorney Appearance(s): Joshua E. Braunstein, Antony Richard Petrilla, Christopher F. Regan, Veena Viswanatha. (aw)
July 23, 2021 Opinion or Order Filing 59 NOTICE by Securities and Exchange Commission REGARDING FOOTNOTE NO. 4 OF PLAINTIFF SECURITIES AND EXCHANGE COMMISSIONS OPPOSITION TO DEFENDANTS MOTION TO COMPEL (Petrilla, Antony)
July 23, 2021 Opinion or Order Filing 58 NOTICE of Striking NOTICE REGARDING FOOTNOTE NO. 4 OF PLAINTIFF SECURITIES AND EXCHANGE COMMISSIONS OPPOSITION TO DEFENDANTS MOTION TO COMPEL by Securities and Exchange Commission (Petrilla, Antony)
July 23, 2021 Opinion or Order Filing 57 Clerks Notice to Filer re #56 Notice (Other). Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match the typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and Local Rule 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (jao)
July 22, 2021 Opinion or Order Filing 56 STRICKEN per DE #58 NOTICE by Securities and Exchange Commission REGARDING FOOTNOTE NO. 4 OF PLAINTIFF SECURITIES AND EXCHANGE COMMISSIONS OPPOSITION TO DEFENDANTS MOTION TO COMPEL (Petrilla, Antony) Modified on 7/23/2021 (jao).
July 21, 2021 Opinion or Order Filing 55 PAPERLESS ORDER granting ECF No. #53 Motion for Partial Relief from Order and Local Rule Regarding Attendance at Mediation. The SEC shall be excused from the requirement to provide an official with full authority to negotiate a settlement at the August 4, 2021 mediation between the parties. The SEC shall provide an official who can recommend a settlement to the Commissioners of the SEC for their approval. Signed by Judge Beth Bloom (ta00)
July 21, 2021 Opinion or Order Filing 54 PAPERLESS ORDER granting in part and denying in part ECF No. #52 Motion for Leave to File Excess Pages. Each party is permitted to file a motion for summary judgment with 10 excess pages and a statement of material facts with 5 excess pages. Signed by Judge Beth Bloom (ta00)
July 20, 2021 Opinion or Order Filing 53 Unopposed MOTION Partial Relief from Order and Rule Requiring Atendance at Mediation of a Person with Authority to Approve a Settlement by Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order Proposed Order)(Petrilla, Antony)
July 20, 2021 Opinion or Order Filing 52 Defendant's MOTION for Leave to File Excess Pages (Motion for Summary Judgment and Incorporated Memorandum and Statement of Material Facts) by Justin W. Keener. (Attachments: #1 Text of Proposed Order Defendant's Motion for Leave to Exceed Page Limits)(Greenberg, Benjamin)
July 19, 2021 Opinion or Order Filing 51 PAPERLESS ORDER Setting Hearing re #47 Motion to Compel. A Motion Hearing is set for July 26, 2021 at 2:30 PM in Miami Division before Magistrate Judge Lauren Fleischer Louis, United States Courthouse, Clyde Atkins Bldg., 11th Floor, 301 North Miami Avenue, Miami, Florida 33128. Zoom appearance may also be made: Meeting ID: 160 930 0758; Passcode: 133954. Signed by Magistrate Judge Lauren Fleischer Louis on 7/19/2021. (aw)
July 14, 2021 Opinion or Order Filing 50 PAPERLESS ORDER granting ECF No. #49 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Adam Miller. Signed by Judge Beth Bloom (ta00)
July 14, 2021 Opinion or Order Filing 49 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Adam Miller. Filing Fee $ 200.00 Receipt # AFLSDC-14845705 by Justin W. Keener. Responses due by 7/28/2021 (Attachments: #1 Exhibit A - Certification of Adam Miller, #2 Exhibit B - Proposed Order)(Greenberg, Benjamin)
July 9, 2021 Opinion or Order Filing 48 RESPONSE in Opposition re #47 MOTION to Compel Communications between the SECs Office of Interpretation and Guidance and Third Parties filed by Securities and Exchange Commission. Replies due by 7/16/2021. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Braunstein, Joshua)
July 2, 2021 Opinion or Order Filing 47 MOTION to Compel Communications between the SECs Office of Interpretation and Guidance and Third Parties by Justin W. Keener. Responses due by 7/16/2021 (Attachments: #1 Declaration of Veena Viswanatha, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23)(Greenberg, Benjamin)
June 24, 2021 Opinion or Order Filing 46 TRANSCRIPT of Discovery Hearing held on 6/18/21 before Magistrate Judge Lauren Fleischer Louis, 1-47 pages, Court Reporter: Bonnie J. Lewis, 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 7/15/2021. Redacted Transcript Deadline set for 7/26/2021. Release of Transcript Restriction set for 9/22/2021. (hh)
June 22, 2021 Opinion or Order Filing 45 ORDER re #42 Notice of Discovery Hearing filed by Defendant Justin W. Keener. Signed by Magistrate Judge Lauren Fleischer Louis on 6/22/2021. See attached document for full details. (eb00)
June 18, 2021 Opinion or Order Filing 44 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Lauren Fleischer Louis: Discovery Hearing held on 6/18/2021. The parties to adhere to the Court's rulings as stated on the record. Written order to follow. Total time in court: 1 hour(s) : 15. Attorney Appearance(s): Joshua E. Braunstein, Jan Folena, Christopher F. Regan, Benjamin Gerald Greenberg, Veena Viswanatha. (Digital LFL_01_6.18.2021 zoom) (aw)
June 17, 2021 Opinion or Order Filing 43 Zoom instructions for discovery hearing set on 6/18/2021 at 10:00 a.m., are as follows: Meeting ID: 160 742 6383; Passcode: 905386. (aw)
June 7, 2021 Opinion or Order Filing 42 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 6/18/2021 10:00 AM in Miami Division before Magistrate Judge Lauren Fleischer Louis. (Greenberg, Benjamin)
February 3, 2021 Opinion or Order Set/Reset Deadlines/Hearings per Order DE#41 . Pretrial Stipulation due by 11/15/2021. (drz)
February 2, 2021 Opinion or Order Filing 41 ORDER AMENDING SCHEDULING ORDER AND CERTAIN PRETRIAL DEADLINES granting #40 Unopposed Motion to Amend Order Setting Trial and Pre-Trial Schedule, and to Amend Order Scheduling Mediation. Discovery due by 8/2/2021. Expert Discovery due by 8/2/2021. Mediation Deadline 8/9/2021. Dispositive Motions due by 8/13/2021. In Limine Motions due by 8/13/2021. Motions due by 8/13/2021. Pretrial Stipulation due by 11/5/2021. Signed by Judge Beth Bloom on 2/2/2021. See attached document for full details. (drz)
February 2, 2021 Opinion or Order Set/Reset Deadlines/Hearings per Order DE#41 . Calendar Call set for 11/30/2021 01:45 PM in Miami Division before Judge Beth Bloom. Jury Trial set for 12/6/2021 09:00 AM in Miami Division before Judge Beth Bloom. (drz)
February 1, 2021 Opinion or Order Filing 40 Unopposed MOTION to Amend/Correct #23 Scheduling Order,,,,, Order Referring Case to Mediation,,,,, Order Referring Case to Magistrate Judge,,,, #28 ORDER Scheduling Mediation by Justin W. Keener. Responses due by 2/16/2021 (Attachments: #1 Text of Proposed Order Amended Scheduling Order)(Greenberg, Benjamin)
December 18, 2020 Opinion or Order Filing 39 TRANSCRIPT of discovery hearing held on 12-17-2020 before Magistrate Judge Lauren Fleischer Louis, 1-45 pages, Court Reporter: Dawn Savino, 305-523-5598 / Dawn_Savino@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 1/8/2021. Redacted Transcript Deadline set for 1/19/2021. Release of Transcript Restriction set for 3/18/2021. (Savino, Dawn)
December 17, 2020 Opinion or Order Filing 38 ORDER ON DISCOVERY DISPUTES re #36 Notice re Hearing by Attorney filed by Justin W. Keener, #31 Order Signed by Magistrate Judge Lauren Fleischer Louis on 12/17/2020. See attached document for full details. (drz)
December 17, 2020 Opinion or Order Filing 37 PAPERLESS Minute Entry for Zoom proceedings held before Magistrate Judge Lauren Fleischer Louis: Discovery Hearing held on 12/17/2020. Total time in court: 1 hour(s). Attorney Appearance(s): Joshua E. Braunstein and Antony Richard Petrilla appeared on behalf of the Plaintiff. Benjamin Gerald Greenberg, Veena Viswanatha, and Christopher F. Regan appeared on behalf of the Defendant. Order to follow. (Digital 10:32:30 - 11:41:28) (sl)
December 7, 2020 Opinion or Order Filing 36 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 12/17/2020 10:30 AM in Miami Division before Magistrate Judge Lauren Fleischer Louis. (Greenberg, Benjamin)
December 1, 2020 Opinion or Order Filing 35 PAPERLESS ORDER denying #32 Joint Motion for Protective Order. A hearing was conducted on the Motion, at which time the Court invited the Parties to submit an amended proposed order curing the deficiencies identified at the hearing. The Parties have not done so and accordingly the Motion is denied, without prejudice. If the Parties seek to amend their motion for entry of a protective order, they must set forth good cause as required by Fed. R. Civ. P. 26(c). Signed by Magistrate Judge Lauren Fleischer Louis on 12/1/2020. (agn)
November 18, 2020 Opinion or Order Filing 34 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Lauren Fleischer Louis: Motion Hearing held on 11/18/2020 re #32 Joint Motion for Protective Order. Parties to amend and submit proposed order to the Court. Total time in court: 20 minutes. Attorney Appearance(s): Christopher F. Regan, Benjamin Gerald Greenberg, Veena Viswanatha, Joshua E. Braunstein, Antony Richard Petrilla. (Digital 13:14:45) (aw)
November 14, 2020 Opinion or Order Filing 33 PAPERLESS ORDER Setting Hearing on Motion #32 Joint Motion for Protective Order. Telephonic Motion Hearing set for November 18, 2020 at 1:30 PM in Miami Division before Magistrate Judge Lauren Fleischer Louis. Appearances may be made by dialing 1 (866) 434-5269, enter access code 9978869 followed by the (#) sign, and enter security code 5710 followed by the (#) sign. Signed by Magistrate Judge Lauren Fleischer Louis on 11/14/2020. (agn)
November 12, 2020 Opinion or Order Filing 32 Joint MOTION for Protective Order (Stipulated) by Justin W. Keener. (Attachments: #1 Text of Proposed Order Stipulated Protective, #2 Exhibit A - SEC Form 1662)(Greenberg, Benjamin)
September 9, 2020 Opinion or Order Filing 31 GENERAL ORDER ON DISCOVERY OBJECTIONS AND PROCEDURES. Signed by Magistrate Judge Lauren Fleischer Louis on 9/9/2020. See attached document for full details. (aw)
August 27, 2020 Opinion or Order Filing 30 ANSWER and Affirmative Defenses to Complaint by Justin W. Keener. (Greenberg, Benjamin)
August 14, 2020 Opinion or Order Filing 29 ORDER denying #15 Motion to Dismiss. Signed by Judge Beth Bloom on 8/13/2020. See attached document for full details. (drz)
August 14, 2020 Opinion or Order Set/Reset Answer Due Deadline: Justin W. Keener response due 8/27/2020 per Order DE#29 . (drz)
July 30, 2020 Opinion or Order Filing 28 ORDER Scheduling Mediation before Harry R. Schafer. Mediation Hearing set for 3/25/2021 10:00 AM Signed by Judge Beth Bloom See attached document for full details. (drz)
July 29, 2020 Opinion or Order Filing 27 Supplemental NOTICE of Mediator Selection. Selected/Added Harry R. Schafer as Mediator. (Attachments: #1 Text of Proposed Order Scheduling Mediation)(Greenberg, Benjamin)
July 27, 2020 Opinion or Order Filing 26 ORDER TO SHOW CAUSE. ORDERED AND ADJUDGED that no later than July 31, 2020, the parties shall file a supplemental notice and proposed order scheduling mediation, as required by the Scheduling Order. Show Cause Response due by 7/31/2020. Signed by Judge Beth Bloom on 7/27/2020. See attached document for full details. (drz)
July 27, 2020 Opinion or Order Filing 25 NOTICE of Mediator Selection. Selected/Added Harry R. Schafer as Mediator. (Attachments: #1 Text of Proposed Order Scheduling Mediation)(Greenberg, Benjamin)
July 13, 2020 Opinion or Order Filing 24 REPLY to Response to Motion re #15 MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM With Incorporated Memorandum of Law filed by Justin W. Keener. (Greenberg, Benjamin)
July 7, 2020 Opinion or Order Filing 23 ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: ( Amended Pleadings due by 9/4/2020., Discovery due by 3/23/2021., Expert Discovery due by 3/23/2021., Joinder of Parties due by 9/4/2020., Mediation Deadline 4/6/2021., In Limine Motions due by 4/14/2021., Dispositive Motions due by 4/14/2021., Motions due by 4/14/2021., Pretrial Stipulation due by 7/5/2021., Jury Trial set for 7/19/2021 09:00 AM in Miami Division before Judge Beth Bloom., Calendar Call set for 7/13/2021 01:45 PM in Miami Division before Judge Beth Bloom.), ( Mediation Deadline 4/6/2021.). Signed by Judge Beth Bloom on 7/6/2020. See attached document for full details. (drz) #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.
July 6, 2020 Opinion or Order Filing 22 Corrected Certificate of Other Affiliates/Corporate Disclosure Statement by Securities and Exchange Commission (Petrilla, Antony)
July 6, 2020 Opinion or Order Filing 21 RESPONSE in Opposition re #15 MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM With Incorporated Memorandum of Law filed by Securities and Exchange Commission. Replies due by 7/13/2020. (Petrilla, Antony)
July 6, 2020 Opinion or Order Filing 20 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Justin W. Keener (Greenberg, Benjamin)
July 6, 2020 Opinion or Order Filing 19 Joint SCHEDULING REPORT - Rule 16.1 by Securities and Exchange Commission (Attachments: #1 Text of Proposed Order Proposed Scheduling Order)(Petrilla, Antony)
July 6, 2020 Opinion or Order Filing 18 Joint Notice and NON-CONSENT to Jurisdiction by US Magistrate Judge Louis. Filed by Securities and Exchange Commission (Petrilla, Antony)
July 6, 2020 Opinion or Order Filing 17 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by Securities and Exchange Commission (Petrilla, Antony)
June 22, 2020 Opinion or Order Filing 16 PAPERLESS ORDER granting ECF No. #14 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Veena Viswanatha. Signed by Judge Beth Bloom (cb00)
June 22, 2020 Opinion or Order Filing 15 MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM With Incorporated Memorandum of Law by Justin W. Keener. Responses due by 7/6/2020 (Attachments: #1 Exhibit A - Proposed Order)(Greenberg, Benjamin)
June 22, 2020 Opinion or Order Filing 14 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Veena Viswanatha. Filing Fee $ 200.00 Receipt # AFLSDC-13066529 by Justin W. Keener. Responses due by 7/6/2020 (Attachments: #1 Certification, #2 Text of Proposed Order)(Greenberg, Benjamin)
June 22, 2020 Opinion or Order Filing 13 NOTICE of Attorney Appearance by Benjamin Gerald Greenberg on behalf of Justin W. Keener (Greenberg, Benjamin)
June 22, 2020 Opinion or Order Filing 12 NOTICE of Change of Address by Benjamin Gerald Greenberg (Greenberg, Benjamin)
June 1, 2020 Opinion or Order Filing 11 NOTICE of Attorney Appearance by Jane Serene Raskin on behalf of Justin W. Keener. Attorney Jane Serene Raskin added to party Justin W. Keener(pty:dft). (Raskin, Jane)
May 29, 2020 Opinion or Order Filing 10 PAPERLESS ORDER granting in part and denying in part #7 Motion for Extension of Time. The Defendant shall file a response to the Complaint by June 22, 2020 and the parties shall file the Joint Proposed Scheduling Order by July 6, 2020. Signed by Judge Beth Bloom (BB)
May 29, 2020 Opinion or Order Filing 9 PAPERLESS ORDER granting #8 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Christopher F. Regan. Signed by Judge Beth Bloom (BB)
May 28, 2020 Opinion or Order Filing 8 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Christopher F. Regan of the law firm of Buckley LLP. Filing Fee $ 200.00 Receipt # AFLSDC-12951854 by Justin W. Keener. Responses due by 6/11/2020 (Attachments: #1 Exhibit A - Certification, #2 Exhibit B - Proposed Order)(Dwyer, Jared)
May 28, 2020 Opinion or Order Filing 7 Consent MOTION for Extension of Time to Respond to the Commission's Complaint and to File the Joint Proposed Scheduling Order until July 31, 2020, to respond to the Complaint and 21 days from July 31, 2020, or until August 21, 2020, for the parties to file the Joint Proposed Scheduling Order re #1 Complaint by Justin W. Keener. Responses due by 6/11/2020 (Attachments: #1 Exhibit A - Proposed Order)(Dwyer, Jared)
May 28, 2020 Opinion or Order Filing 6 NOTICE of Attorney Appearance by Jared Edward Dwyer on behalf of Justin W. Keener. Attorney Jared Edward Dwyer added to party Justin W. Keener(pty:dft). (Dwyer, Jared)
April 3, 2020 Opinion or Order Filing 5 WAIVER OF SERVICE Returned Executed by Securities and Exchange Commission. Justin W. Keener waiver sent on 4/2/2020, answer due 6/1/2020. (Braunstein, Joshua)
March 25, 2020 Opinion or Order Filing 4 ORDER REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Signed by Judge Beth Bloom on 3/24/2020. See attached document for full details. (cds)
March 24, 2020 Opinion or Order Filing 3 Clerks Notice to Filer re: Electronic Case. Party(ies) Improperly Formatted. The Filer failed to enter the party name(s) in accordance with the CM/ECF Format for Adding Parties for Attorneys Guide. The correction was made. It is not necessary to re-file the document. (drz)
March 24, 2020 Opinion or Order Filing 2 Clerks Notice of Judge Assignment to Judge Beth Bloom. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis 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. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (drz)
March 24, 2020 Opinion or Order Filing 1 COMPLAINT against Justin W Keener - D/B/A JMJ Financial. Filing fees $ 400.00. USA Filer - No Filing Fee Required, filed by Securities and Exchange Commission. (Attachments: #1 Civil Cover Sheet)(Braunstein, Joshua)

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Plaintiff: Securities and Exchange Commission
Represented By: Antony Richard Petrilla
Represented By: Joshua E. Braunstein
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Defendant: Justin W. Keener
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Defendant: Justin W. Keener doing business as JMJ Financial
Represented By: Benjamin Gerald Greenberg
Represented By: Jared Edward Dwyer
Represented By: Adam Miller
Represented By: Christopher F. Regan
Represented By: Jane Serene Raskin
Represented By: Veena Viswanatha
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