Commodity Futures Trading Commission v. Fingerhut et al
Plaintiff: Commodity Futures Trading Commission
Defendant: Aicel Carbonero, Tal Valariola, Digital Platinum Ltd., Daniel Fingerhut, Itay Barak, Digital Platinum Inc, Huf Mediya, Huf Mediya, LTD and Hoof Media LTD
Case Number: 1:2020cv21887
Filed: May 5, 2020
Court: US District Court for the Southern District of Florida
Presiding Judge: Darrin P Gayles
Referring Judge: Alicia M Otazo-Reyes
Nature of Suit: Securities/Commodities
Cause of Action: 07 U.S.C. § 0009
Jury Demanded By: None
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Docket Report

This docket was last retrieved on January 7, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 30, 2020 Filing 121 ANSWER and Affirmative Defenses to Amended Complaint by Aicel Carbonero. (Feinstein, Brett)
June 26, 2020 Opinion or Order Filing 120 CONSENT ORDER FOR PRELIMINARY INJUNCTION AND CONTINUED APPOINTMENT OF TEMPORARY RECEIVER AND OTHER ANCILLARY RELIEF AGAINST RELIEF DEFENDANT AICEL CARBONERO,granting #115 Motion to Approve Consent Judgment. Signed by Judge Darrin P. Gayles on 6/26/2020. See attached document for full details. (mee)
June 25, 2020 Filing 119 PAPERLESS Minute Entry for proceedings held before Judge Darrin P. Gayles: Motion Hearing held on 6/25/2020 re #58 Motion for Statutory Restraining Order and #106 Second Motion for Alternative Service on Defnedants Valriola, Barak, and Digital Platinum Ltd. Total time in court: 1 hour : 45 minutes. Attorney Appearances: Leah Heather Mayersohn, Seth T. Taube, Mariam Zaki, Stephanie Cagniart, Brett A. Feinstein, Allison V. Passman, Candice Voticky Haan, Melanie Emmons Damian, Kenneth Dante Murena, Jason Pickholz, and Omar F. Guerra Johansson. Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov. (bfk)
June 24, 2020 Opinion or Order Filing 118 ORDER granting Plaintiff's #111 Motion for Substituted Service on Defendant Daniel Fingerhut. Signed by Judge Darrin P. Gayles See attached document for full details. (bfk)
June 24, 2020 Filing 117 RESPONSE in Opposition re #106 Second MOTION for Alternative Service on Defendants Valariola, Barak and Digital Platinum Ltd. filed by Itay Barak, Digital Platinum Ltd., Tal Valariola. Replies due by 7/1/2020. (Mayersohn, Leah)
June 24, 2020 Filing 116 NOTICE by Commodity Futures Trading Commission of Proof and Status of Service for Foreign Defendants (Attachments: #1 Exhibit 1 - UPS - Barak 6.19.2020 - Delivered Final, #2 Exhibit 2 - Tracking _ UPS - Tal V 6.23.2020 - Refused Final, #3 Exhibit 3 - Tracking _ UPS - United States - Admin of Courts 6.23.2020 Final, #4 Exhibit 4 - USPS Tracking Results - Hoof Media 6.24.2020, #5 Exhibit 5 - Tracking _ UPS - DPL 6.24.2020 Final) (Passman, Allison)
June 24, 2020 Filing 115 Plaintiff's MOTION to Approve Consent Judgment re: Relief Defendant Aicel Carbonero by Commodity Futures Trading Commission. Responses due by 7/8/2020 (Attachments: #1 Proposed Consent Order)(Passman, Allison)
June 24, 2020 Opinion or Order Filing 114 PAPERLESS ORDER granting #109 Motion to Withdraw as Attorney. Susan Gradman withdrawn from case. Signed by Judge Darrin P. Gayles (bfk)
June 23, 2020 Filing 113 TRANSCRIPT of Motion Hearing via Videoconference held on 06/17/20 before Judge Darrin P. Gayles, 1-36 pages, Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/14/2020. Redacted Transcript Deadline set for 7/24/2020. Release of Transcript Restriction set for 9/21/2020. (pdz)
June 23, 2020 Filing 112 NOTICE by Commodity Futures Trading Commission re #111 MOTION Motion for substitute service (Passman, Allison)
June 23, 2020 Filing 111 MOTION Motion for substitute service by Commodity Futures Trading Commission. (Attachments: #1 Exhibit 1 - A. Passman Declaration of Compliance re Substituted Service, #2 Attachment 1, #3 Attachment 2, #4 Attachment 3, #5 Attachment 4, #6 Attachment 5, #7 Attachment 6, #8 Attachment 7, #9 Attachment 8, #10 Attachment 9, #11 Attachment 10, #12 Attachment 11, #13 Attachment 12, #14 Attachment 13, #15 Attachment 14, #16 Attachment 15, #17 Attachment 16, #18 Attachment 17, #19 Attachment 18, #20 Attachment 19, #21 Exhibit 2 - 2nd Declaration of Carbonero re Fingerhut 6-11-20 SIGNED, #22 Text of Proposed Order)(Passman, Allison)
June 19, 2020 Opinion or Order Filing 110 ORDER denying without prejudice #87 Motion to Permit Payment of Retainer Fees. Signed by Judge Darrin P. Gayles See attached document for full details. (bfk)
June 19, 2020 Filing 109 MOTION to Withdraw as Attorney by Susan Gradman for / by Commodity Futures Trading Commission. Responses due by 7/6/2020 (Passman, Allison)
June 19, 2020 Filing 108 PAPERLESS Minute Entry for proceedings held before Judge Darrin P. Gayles: Motion Hearing held on 6/17/2020 re #11 Motion for Preliminary Injunction filed by Commodity Futures Trading Commission. Total time in court: 53 minutes. Attorney Appearances: Leah Heather Mayersohn, Seth T. Taube, Mariam Zaki, Stephanie Cagniart, Brett A. Feinstein, Allison V. Passman, Candice Voticky Haan, Melanie Emmons Damian, Kenneth Dante Murena, Jason Pickholz, and Omar F. Guerra Johansson. Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov. (bfk)
June 18, 2020 Opinion or Order Filing 107 PAPERLESS ORDER Setting Hearing on Plaintiff's #58 Emergency Motion for a Statutory Restraining Order with Notice for 6/25/2020 at 02:00 PM in Miami Division before Judge Darrin P. Gayles. The Court will also hear arguments on Plaintiff's #11 Motion for Preliminary Injunction at that time for all parties served. The hearing will be conducted using Zoom, and the Court will provide the parties with the necessary information prior to the hearing. Signed by Judge Darrin P. Gayles (bfk)
June 18, 2020 Filing 106 Second MOTION for Alternative Service on Defendants Valariola, Barak and Digital Platinum Ltd. by Commodity Futures Trading Commission. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proposed Order)(Passman, Allison)
June 17, 2020 Opinion or Order Filing 105 PAPERLESS ORDER granting Plaintiff's #104 Motion for Leave to File Combined Motion & Memorandum in Excess of 20 pages. Plaintiff shall file its Second Motion & Incorporated Memorandum of Law for Alternative Service on Defendants Tal Valariola, Itay Barak, and Digital Platinum, Ltd., not to exceed 32 pages. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge. Signed by Judge Darrin P. Gayles (bfk)
June 16, 2020 Filing 104 Plaintiff's MOTION for Leave to File Combined Motion and Memorandum in Excess of 20 Pages by Commodity Futures Trading Commission. (Attachments: #1 Plaintiffs Second Motion And Incorporated Memorandum Of Law For Alternative Service On Tal Valariola, Itay Barak, And Digital Platinum, Ltd., #2 Exhibit 1 to Plaintiffs Second Motion And Incorporated Memorandum Of Law For Alternative Service On Tal Valariola, Itay Barak, And Digital Platinum, Ltd., #3 Exhibit 2 to Plaintiffs Second Motion And Incorporated Memorandum Of Law For Alternative Service On Tal Valariola, Itay Barak, And Digital Platinum, Ltd., #4 Proposed Order)(Passman, Allison)
June 15, 2020 Filing 103 Summons Issued as to All Defendants. (cbr)
June 12, 2020 Filing 102 NOTICE of Filing Proposed Summons(es) Daniel Fingerhut Summons by Commodity Futures Trading Commission re #101 Amended Complaint, filed by Commodity Futures Trading Commission (Attachments: #1 Summon(s) Aicel Carbonero, #2 Summon(s) Digital Platinum, INC, #3 Summon(s) Digital Platinum, LTD, #4 Summon(s) Huf Mediya, #5 Summon(s) Itay Barak, #6 Summon(s) Tal Valariola) (Passman, Allison)
June 12, 2020 Filing 101 AMENDED COMPLAINT FOR INJUNCTIVE AND EQUITABLE RELIEF AND PENALTIES UNDER THE COMMODITY EXCHANGE ACT against All Defendants, filed by Commodity Futures Trading Commission. (Attachments: #1 Summon(s) Daniel Fingerhut, #2 Summon(s) Aicel Carbonero, #3 Summon(s) Digital Platinum, Inc., #4 Summon(s) Digital Platinum, Ltd., #5 Summon(s) Huf Mediya, #6 Summon(s) Itay Barak, #7 Summon(s) Tal Valariola)(Passman, Allison)
June 7, 2020 Opinion or Order Filing 100 ORDER granting #88 Motion for Order to Show Cause. Signed by Judge Darrin P. Gayles See attached document for full details. (bfk)
June 5, 2020 Filing 99 TRANSCRIPT of Motion Hearing held on 06/03/20 before Judge Darrin P. Gayles, 1-74 pages, Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@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 6/26/2020. Redacted Transcript Deadline set for 7/6/2020. Release of Transcript Restriction set for 9/3/2020. (pdz)
June 5, 2020 Opinion or Order Filing 98 PAPERLESS ORDER deferring ruling on Plaintiff's #58 Emergency Motion for a Statutory Restraining Order with Notice until the hearing on Plaintiff's #11 Expedited Motion for Preliminary Injunction set for June 17, 2020, at 2:00 PM. Both motions seek nearly identical relief and involve several of the same factual and legal issues. Accordingly, in the interests of judicial economy, the Court will consider the evidence and argument for both motions at the upcoming preliminary injunction hearing. Signed by Judge Darrin P. Gayles (bfk)
June 4, 2020 Opinion or Order Filing 97 PAPERLESS ORDER denying Defendant Fingerhut's #60 Motion to Release Seized Funds for the reasons stated on the record at the hearing on June 3, 2020. Accordingly, Attorney Omar F. Guerra Johansson shall turn over the requested funds to the Temporary Receiver on or before June 8, 2020. Signed by Judge Darrin P. Gayles (bfk)
June 4, 2020 Opinion or Order Filing 96 PAPERLESS ORDER granting Plaintiff's #54 Expedited Motion to Reappoint or Continue the Appointment of Temporary Receiver. The Court finds good cause to continue the appointment of the Temporary Receiver until the preliminary injunction hearing set for June 17, 2020, for the reasons outlined in the Court's #76 Order. Signed by Judge Darrin P. Gayles (bfk)
June 4, 2020 Opinion or Order Filing 95 PAPERLESS ORDER denying without prejudice Receiver's #44 Emergency Motion for Authority to Forcibly Enter Real Property of Receivership Estate. For the reasons stated on the record at the hearing on May 20, 2020, the Court will address the Temporary Receivers requested relief on a case by case basis. Signed by Judge Darrin P. Gayles (bfk)
June 4, 2020 Opinion or Order Filing 94 PAPERLESS ORDER granting Defendants Valariola and Barak's #39 Motion for Telephonic Hearing. The Court heard argument on this issue at the hearing on May 20, 2020. Signed by Judge Darrin P. Gayles (bfk)
June 4, 2020 Opinion or Order Filing 93 PAPERLESS ORDER resetting the preliminary injunction hearing to June 17, 2020, at 2:00 PM for the reasons stated on the record at the hearing on June 3, 2020. The hearing will be conducted using Zoom, and the Court will provide the parties with the necessary information prior to the hearing. Signed by Judge Darrin P. Gayles (bfk)
June 4, 2020 Filing 92 PAPERLESS Minute Entry for proceedings held before Judge Darrin P. Gayles: Motion Hearing held on 6/3/2020 re #11 Motion for Preliminary Injunction filed by Commodity Futures Trading Commission. Total time in court: 1 hour: 40 minutes. Counsel for Plaintiff and Defendants Fingerhut, Digital Platinum Ltd., Digital Platinum Inc., Valariola, Barak, and Carbonero present. Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov. (bfk)
June 3, 2020 Filing 91 NOTICE of Compliance Posture for PI Hearing by Daniel Fingerhut re 84 Administrative Order,,, (Johansson, Omar F.)
June 3, 2020 Filing 90 NOTICE of Attorney Appearance by Omar F. Guerra Johansson on behalf of Daniel Fingerhut (Johansson, Omar F.)
June 3, 2020 Filing 89 NOTICE by Melanie Damian re #88 MOTION for Order to Show Cause Why Defendant Daniel Fingerhut Should Not be Held in Contempt of Court for Refusal to Comply with the Appointment Order [ECF No. 33) Notice of Filing (Attachments: #1 Attachment- Invoices) (Murena, Kenneth)
June 2, 2020 Filing 88 MOTION for Order to Show Cause Why Defendant Daniel Fingerhut Should Not be Held in Contempt of Court for Refusal to Comply with the Appointment Order [ECF No. 33) by Melanie Damian. (Attachments: #1 Exhibit A)(Murena, Kenneth)
June 1, 2020 Filing 87 Defendant's MOTION for Attorney Fees by Itay Barak, Tal Valariola. Responses due by 6/15/2020 (Attachments: #1 Exhibit Demand Letter, #2 Exhibit Baker Botts' Response to Demand, #3 Text of Proposed Order Proposed Order)(Mayersohn, Leah)
June 1, 2020 Filing 86 Exhibit and Witness List For Preliminary Injunction Hearing by Commodity Futures Trading Commission.. (Attachments: #1 Exhibit 1)(Passman, Allison)
June 1, 2020 Filing 85 REPORT REGARDING Preliminary Injunction Hearing by Itay Barak, Digital Platinum Ltd., Tal Valariola (Mayersohn, Leah)
May 29, 2020 Opinion or Order Filing 84 PAPERLESS ORDER. The parties shall adhere to the following procedures for the hearing on Plaintiff's #11 Expedited Motion for Preliminary Injunction set for June 3, 2020, at 2:00 PM. The Court has allotted up to 2 hours for the hearing. The parties shall notify the Court if they need additional time. The parties shall submit witness and exhibit lists to the Court on or before June 1, 2020, at 5:00 PM. If the parties intend to call live witnesses, they shall notify the Court on or before June 2, 2020, at 5:00 PM. During the hearing, the parties may refer to exhibits already filed on CM/ECF by their corresponding docket numbers. Any additional exhibits presented at the hearing shall be sequentially numbered. Signed by Judge Darrin P. Gayles (bfk)
May 29, 2020 Opinion or Order Filing 83 ORDER denying #51 Expedited Motion for Alternative Service Or In The Alternative Expedited Limited Discovery; denying #78 Expedited Motion for Alternative Service. Signed by Judge Darrin P. Gayles on 5/29/2020. See attached document for full details. (jas)
May 29, 2020 Filing 82 NOTICE of Compliance by Aicel Carbonero re #33 Order on Expedited Motion (Feinstein, Brett)
May 28, 2020 Filing 81 RESPONSE in Opposition re #78 Plaintiff's EXPEDITED MOTION For Alternative Service Or In The Alternative Expedited Limited Discovery re: Huf Mediya filed by Itay Barak, Digital Platinum Ltd., Tal Valariola. Replies due by 6/4/2020. (Mayersohn, Leah)
May 28, 2020 Filing 80 REPLY to Response to Motion re #11 Motion for Preliminary Injunction filed by Commodity Futures Trading Commission. (Attachments: #1 Exhibit 1)(Passman, Allison)
May 28, 2020 Filing 79 REPLY to Response to Motion re #11 Motion for Preliminary Injunction filed by Commodity Futures Trading Commission. (Haan, Candice)
May 27, 2020 Filing 78 Plaintiff's EXPEDITED MOTION For Alternative Service Or In The Alternative Expedited Limited Discovery re: Huf Mediya by Commodity Futures Trading Commission. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Proposed Order Granting Motion for Alternative Service, #5 Proposed Order Granting Motion for Expedited Discovery)(Passman, Allison)
May 26, 2020 Opinion or Order Filing 77 PAPERLESS ORDER vacating the Court's #32 Order Granting in Part Plaintiff's Expedited Motion for Expedited Discovery. See #76 Order for details. Signed by Judge Darrin P. Gayles (bfk)
May 26, 2020 Opinion or Order Filing 76 ORDER granting in part and denying in part Defendants Tal Valariola, Itay Barak, and Digital Platinum, Ltd.'s #45 Joint Expedited Motion for Stay of Orders Pending Appeal. Signed by Judge Darrin P. Gayles See attached document for full details. (bfk)
May 23, 2020 Opinion or Order Filing 75 PAPERLESS ORDER denying Relief Defendant's #70 Expedited Motion to Unfreeze Assets and/or to Permit Payment of Retainer for failure to comply with Local Rule 7.1(a)(3). Signed by Judge Darrin P. Gayles (bfk)
May 22, 2020 Filing 74 RESPONSE to Motion re #70 EXPEDITED MOTION Unfreeze Assets and / or to Permit Payment of Retainer filed by Commodity Futures Trading Commission. Replies due by 5/29/2020. (Attachments: #1 Exhibit 1, #2 Attachment 1, #3 Attachment 2, #4 Attachment 3, #5 Exhibit 2, #6 Attachment A)(Passman, Allison)
May 22, 2020 Filing 73 PAPERLESS Minute Entry for Motions Hearing held on 5/20/2020 before Judge Darrin P. Gayles. Total time in court: 1 hour: 26 minutes. Attorney Appearances: Seth T. Taube, Mariam Zaki, Stephanie Cagniart, Brett A. Feinstein, Allison V. Passman, Susan Gradman, Melanie Emmons Damian, Jason Pickholz, Omar F. Guerra Johansson. Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov. (bfk)
May 21, 2020 Filing 72 RESPONSE in Opposition re #11 Motion for Preliminary Injunction filed by Itay Barak, Digital Platinum Ltd., Tal Valariola. Replies due by 5/28/2020. (Mayersohn, Leah)
May 21, 2020 Filing 71 MEMORANDUM in Support re #12 Plaintiff's EXPEDITED MOTION Appointment of Temporary Receiver , #11 Motion for Preliminary Injunction by Commodity Futures Trading Commission. (Attachments: #1 Appendix Of Exhibits To Combined Memorandum In Support Of Plaintiffs Expedited Motion For Preliminary Injunction, Expedited Motion For Appointment Of A Temporary Receiver, And Other Equitable Relief, #2 Certificate of Service)(Passman, Allison)
May 21, 2020 Filing 70 EXPEDITED MOTION Unfreeze Assets by Aicel Carbonero. (Feinstein, Brett)
May 21, 2020 Filing 69 RESPONSE in Opposition re #11 Motion for Preliminary Injunction filed by Aicel Carbonero. Replies due by 5/28/2020. (Feinstein, Brett)
May 21, 2020 Opinion or Order Filing 68 PAPERLESS ORDER granting Plaintiff's #13 Expedited Motion for Leave to File Combined Memorandum. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge. Signed by Judge Darrin P. Gayles (bfk)
May 20, 2020 Filing 67 ANSWER and Affirmative Defenses to Complaint by Aicel Carbonero. (Feinstein, Brett)
May 20, 2020 Filing 66 WAIVER OF SERVICE Returned Executed by Aicel Carbonero. Aicel Carbonero waiver sent on 5/6/2020, answer due 7/6/2020. (Feinstein, Brett)
May 20, 2020 Filing 65 NOTICE of Attorney Appearance by Brett A. Feinstein on behalf of Aicel Carbonero. Attorney Brett A. Feinstein added to party Aicel Carbonero(pty:dft). (Feinstein, Brett)
May 19, 2020 Filing 64 RESPONSE in Opposition re #51 MOTION to Expedite Motion for Alternative Service, #58 Plaintiff's EMERGENCY MOTION with Certification of Emergency included filed by Itay Barak, Digital Platinum Ltd., Tal Valariola. Replies due by 5/26/2020. (Attachments: #1 Exhibit Exhibit 1 - Statement of Iny Litvak Lazar & Co.)(Mayersohn, Leah)
May 18, 2020 Opinion or Order Filing 63 PAPERLESS ORDER Setting Telephonic Hearing for 5/20/2020 at 03:00 PM in Miami Division before Judge Darrin P. Gayles on the following motions: (1) Defendants Barak and Valariola's #39 Motion for Hearing Regarding Legal Fees; (2) Temporary Receiver's #44 Expedited Motion to Forcibly Enter; (3) Defendants Barak, Valariola, and Digital Platinum, Ltd.'s #45 Joint Expedited Motion for Stay of Orders Pending Appeal; (4) Plaintiff's #51 Expedited Motion for Alternative Service; (5) Plaintiff's #54 Expedited Motion to Reappoint/Continue Appointment of Temporary Receiver; (6) Plaintiff's #58 Emergency Motion for a Statutory Restraining Order; and (7) Defendant Fingerhut's #60 Motion for Release of Funds.Counsel shall enter their appearances telephonically using the following dial-in information: Dial-in Number 888-273-3658; Access Code 7032614; Security Code 5170. Please dial in at least ten minutes before the Hearing begins. Signed by Judge Darrin P. Gayles (bfk)
May 18, 2020 Filing 62 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Commodity Futures Trading Commission. Digital Platinum Inc served on 5/11/2020, answer due 6/1/2020. (Passman, Allison)
May 18, 2020 Opinion or Order Filing 61 PAPERLESS ORDER Cancelling Telephonic Motions Hearing set for 5/18/2020 at 2:00 PM. Signed by Judge Darrin P. Gayles (bfk)
May 18, 2020 Filing 60 MOTION for Release of Funds by Daniel Fingerhut. (Johansson, Omar F.)
May 18, 2020 Filing 59 NOTICE of Attorney Appearance by Omar F. Guerra Johansson on behalf of Daniel Fingerhut. Attorney Omar F. Guerra Johansson added to party Daniel Fingerhut(pty:dft). (Johansson, Omar F.)
May 18, 2020 Filing 58 Plaintiff's EMERGENCY MOTION with Certification of Emergency included by Commodity Futures Trading Commission. Responses due by 6/1/2020 (Attachments: #1 Certificate of Emergency, #2 Exhibit 1, #3 Text of Proposed Order)(Passman, Allison)
May 16, 2020 Filing 57 NOTICE of Compliance Receiver's Notice of Compliance by Relief Defendant Aciel Carbonero and Request for Later Hearing Time on May 18, 2020 Due to Conflict by Melanie Damian re #33 Order on Expedited Motion (Murena, Kenneth)
May 15, 2020 Opinion or Order Filing 56 PAPERLESS ORDER Setting Telephonic Hearing on Plaintiff's #54 Expedited Motion to Reappoint or Continue the Appointment of Temporary Receiver for 5/18/2020 at 02:00 PM in Miami Division before Judge Darrin P. Gayles. Signed by Judge Darrin P. Gayles (bfk)
May 15, 2020 Filing 55 CERTIFICATE OF SERVICE by Commodity Futures Trading Commission re #54 MOTION to Expedite Appointment of Temporary Receiver (Passman, Allison)
May 15, 2020 Filing 54 MOTION to Expedite Appointment of Temporary Receiver by Commodity Futures Trading Commission. (Attachments: #1 Exhibit 1, #2 Attachment A, #3 Attachment B, #4 Attachment C, #5 Attachment D, #6 Attachment E, #7 Attachment F, #8 Attachment G, #9 Attachment H, #10 Text of Proposed Order)(Passman, Allison)
May 15, 2020 Opinion or Order Filing 53 PAPERLESS ORDER Setting Telephonic Hearing on Plaintiff's #51 Expedited Motion for Alternative Service for 5/18/2020 at 02:00 PM in Miami Division before Judge Darrin P. Gayles. Counsel shall enter their appearances telephonically using the following dial-in information: Dial-in Number 888-273-3658; Access Code 7032614; Security Code 5170. Please dial in at least ten minutes before the Hearing begins. Signed by Judge Darrin P. Gayles (bfk)
May 15, 2020 Opinion or Order Filing 52 PAPERLESS ORDER granting #43 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Jason Pickholz is permitted to appear before this Court on behalf of Defendant Digital Platinum Ltd., for the limited purpose of contesting service in this case. The clerk is directed to provide Notice of Electronic Filings to Mr. Pickholz at pickholz@pickholzlaw.com. Signed by Judge Darrin P. Gayles (bfk)
May 15, 2020 Filing 51 MOTION to Expedite Motion for Alternative Service by Commodity Futures Trading Commission. (Attachments: #1 Exhibit 1, #2 Attachment A, #3 Attachment B, #4 Text of Proposed Order)(Passman, Allison)
May 14, 2020 Opinion or Order Filing 50 PAPERLESS ORDER Setting Telephonic Hearing on #39 Defendant's Motion for Telephonic Hearing, #44 Receiver's Emergency Motion for Authority to Forcibly Enter Real Property of Receivership Estate, and #45 Defendants Tal Valariola, Itay Barak, and Digital Platinum, Ltd.'s Joint Expedited Motion for Stay of Orders Pending Appeal for 5/18/2020 at 02:00 PM in Miami Division before Judge Darrin P. Gayles. Counsel shall enter their appearances telephonically using the following dial-in information: Dial-in Number 888-273-3658; Access Code 7032614; Security Code 5170. Please dial in at least ten minutes before the Hearing begins. Signed by Judge Darrin P. Gayles (bfk)
May 14, 2020 Opinion or Order Filing 49 PAPERLESS ORDER granting #46 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Stephanie Cagniart is permitted to appear before this Court on behalf of Defendants Tal Valariola and Itay Barak for the limited purpose of contesting service and jurisdiction in this case. The clerk is directed to provide Notice of Electronic Filings to Stephanie Cagniart at Stephanie.Cagniart@BakerBotts.com. Signed by Judge Darrin P. Gayles (bfk)
May 14, 2020 Opinion or Order Filing 48 PAPERLESS ORDER granting #37 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Seth T. Taube is permitted to appear before this Court on behalf of Defendants Tal Valariola and Itay Barak for the limited purpose of contesting service and jurisdiction in this case. The clerk is directed to provide Notice of Electronic Filings to Mr. Taube at Seth.Taube@BakerBotts.com. Signed by Judge Darrin P. Gayles (bfk)
May 13, 2020 Filing 47 Clerks Notice to Filer re #44 EMERGENCY MOTION with Certification of Emergency included Receiver's Emergency Motion for Authority to Forcibly Enter Real Property of Receivership Estate. Emergency Document Filed Electronically; ERROR - No certificate of emergency was attached pursuant to our Administrative Procedures. It is not necessary to refile this document but future filings must comply with the CM/ECF Administrative Procedures and Local Rules. (cbr)
May 13, 2020 Filing 46 Defendant's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Stephanie Cagniart. Filing Fee $ 200.00 Receipt # AFLSDC-12883862 by Itay Barak, Tal Valariola. Responses due by 5/27/2020 (Attachments: #1 Text of Proposed Order)(Mayersohn, Leah)
May 13, 2020 Filing 45 Joint EXPEDITED MOTION for Stay of Orders Pending Appeal by Itay Barak, Digital Platinum Ltd., Tal Valariola. (Attachments: #1 Exhibit Declaration of Seth Taube, #2 Exhibit 5/7/20 Hearing Transcript, #3 Exhibit Correspondence from Receiver, #4 Exhibit Declaration of Ruth Litvak, #5 Text of Proposed Order)(Mayersohn, Leah)
May 13, 2020 Filing 44 EMERGENCY MOTION with Certification of Emergency included Receiver's Emergency Motion for Authority to Forcibly Enter Real Property of Receivership Estate by Melanie Damian. Responses due by 5/27/2020 (Attachments: #1 Text of Proposed Order)(Murena, Kenneth)
May 13, 2020 Filing 43 Defendant's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jason Pickholz. Filing Fee $ 200.00 Receipt # AFLSDC-12882935 by Digital Platinum Ltd.. Responses due by 5/27/2020 (Attachments: #1 Text of Proposed Order)(Mayersohn, Leah)
May 13, 2020 Filing 42 NOTICE of Attorney Appearance by Leah Heather Mayersohn on behalf of Digital Platinum Ltd. (Mayersohn, Leah)
May 13, 2020 Filing 41 NOTICE of Attorney Appearance by Kenneth Dante Murena on behalf of Melanie Damian. Attorney Kenneth Dante Murena added to party Melanie Damian(pty:rc). (Murena, Kenneth)
May 13, 2020 Filing 40 NOTICE of Attorney Appearance by Melanie Emmons Damian on behalf of Melanie Damian. Attorney Melanie Emmons Damian added to party Melanie Damian(pty:rc). (Damian, Melanie)
May 13, 2020 Filing 39 Defendant's MOTION for Hearing by Itay Barak, Tal Valariola. (Attachments: #1 Exhibit Demand Letter, #2 Text of Proposed Order)(Mayersohn, Leah)
May 13, 2020 Filing 38 NOTICE of Attorney Appearance by Mariam Zaki on behalf of Itay Barak, Digital Platinum Ltd., Tal Valariola. Attorney Mariam Zaki added to party Itay Barak(pty:dft), Attorney Mariam Zaki added to party Digital Platinum Ltd.(pty:dft), Attorney Mariam Zaki added to party Tal Valariola(pty:dft). (Zaki, Mariam)
May 12, 2020 Filing 37 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Seth Taube. Pay.gov Agency Tracking ID FLSDC-AFLSDC-12877760. Filing Fee $ 200.00 by Itay Barak, Tal Valariola. Responses due by 5/26/2020 (Attachments: #1 Text of Proposed Order)(Mayersohn, Leah)
May 12, 2020 Filing 36 NOTICE of Attorney Appearance by Leah Heather Mayersohn on behalf of Itay Barak, Tal Valariola (Mayersohn, Leah)
May 12, 2020 Filing 35 NOTICE of Attorney Appearance by Leah Heather Mayersohn on behalf of Itay Barak, Digital Platinum Ltd., Tal Valariola. Attorney Leah Heather Mayersohn added to party Itay Barak(pty:dft), Attorney Leah Heather Mayersohn added to party Digital Platinum Ltd.(pty:dft), Attorney Leah Heather Mayersohn added to party Tal Valariola(pty:dft). (Mayersohn, Leah)
May 12, 2020 Filing 34 TRANSCRIPT of Telephonic Hearing held on 05/07/2020 before Judge Darrin P. Gayles, 1-26 pages, Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@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 6/2/2020. Redacted Transcript Deadline set for 6/12/2020. Release of Transcript Restriction set for 8/10/2020. (pdz)
May 8, 2020 Opinion or Order Filing 33 ORDER APPOINTING TEMPORARY RECEIVER,granting #12 Expedited Motion Plaintiff's EXPEDITED MOTION Appointment of Temporary Receiver. Signed by Judge Darrin P. Gayles on 5/8/2020. See attached document for full details. (mee)
May 8, 2020 Opinion or Order Filing 32 VACATED per DE 77 ORDER GRANTING IN PART PLAINTIFFS EXPEDITED MOTION FOR EXPEDITED DISCOVERY. REFERRING CASE to Magistrate Judge Alicia M. Otazo-Reyes for Discovery Matters. Granted in part: #14 Plaintiff's EXPEDITED MOTION Expedited Discovery filed by Commodity Futures Trading Commission. Signed by Judge Darrin P. Gayles on 5/8/2020. See attached document for full details. (mee) Text Modified on 5/27/2020 (cbr).
May 8, 2020 Filing 31 CERTIFICATE OF SERVICE by Commodity Futures Trading Commission re #14 Plaintiff's EXPEDITED MOTION Expedited Discovery (Passman, Allison)
May 8, 2020 Filing 30 CERTIFICATE OF SERVICE by Commodity Futures Trading Commission re #13 Motion for Leave to File (Passman, Allison)
May 8, 2020 Filing 29 CERTIFICATE OF SERVICE by Commodity Futures Trading Commission re #12 Plaintiff's EXPEDITED MOTION Appointment of Temporary Receiver (Passman, Allison)
May 8, 2020 Filing 28 CERTIFICATE OF SERVICE by Commodity Futures Trading Commission re #11 Motion for Preliminary Injunction (Passman, Allison)
May 8, 2020 Filing 27 NOTICE of Striking #24 Certificate of Service filed by Commodity Futures Trading Commission, #21 Certificate of Service filed by Commodity Futures Trading Commission, #23 Certificate of Service filed by Commodity Futures Trading Commission, #22 Certificate of Service filed by Commodity Futures Trading Commission by Commodity Futures Trading Commission (Passman, Allison)
May 8, 2020 Opinion or Order Filing 26 PAPERLESS ORDER directing all Defendants who have been served and/or who have knowledge of the status conference held on May 7, 2020, to respond to Plaintiff's #11 Expedited Motion for Preliminary Injunction and Other Equitable Relief on or before May 21, 2020. Signed by Judge Darrin P. Gayles (bfk)
May 8, 2020 Set/Reset Deadlines/Hearings as to #11 Motion for Preliminary Injunction. Responses due by 5/21/2020 per DE 26 (cbr)
May 7, 2020 Filing 25 Clerks Notice to Filer re #24 Certificate of Service, #21 Certificate of Service, #23 Certificate of Service, #22 Certificate of Service. Document Not Captioned; CORRECTIVE ACTION REQUIRED - The Filer must File a Notice of Striking, then refile the document with the proper caption pursuant to Local Rules. (cbr)
May 7, 2020 Filing 24 STRICKEN per DE #27 CERTIFICATE OF SERVICE by Commodity Futures Trading Commission re #14 Plaintiff's EXPEDITED MOTION Expedited Discovery (Passman, Allison) Text Modified on 5/11/2020 (cbr).
May 7, 2020 Filing 23 STRICKEN per DE #27 CERTIFICATE OF SERVICE by Commodity Futures Trading Commission re #13 Motion for Leave to File (Passman, Allison) Text Modified on 5/11/2020 (cbr).
May 7, 2020 Filing 22 STRICKEN per DE #27 CERTIFICATE OF SERVICE by Commodity Futures Trading Commission re #12 Plaintiff's EXPEDITED MOTION Appointment of Temporary Receiver (Passman, Allison) Text Modified on 5/11/2020 (cbr).
May 7, 2020 Filing 21 STRICKEN per DE #27 CERTIFICATE OF SERVICE by Commodity Futures Trading Commission re #11 Motion for Preliminary Injunction (Passman, Allison) Text Modified on 5/11/2020 (cbr).
May 7, 2020 Opinion or Order Filing 20 PAPERLESS ORDER Setting Hearing on Plaintiff's #11 Motion for Preliminary Injunction: Motion Hearing set for 6/3/2020 at 02:00 PM in Miami Division before Judge Darrin P. Gayles. The hearing will be conducted using Zoom, and the Court will provide the parties with the necessary information prior to the hearing. Signed by Judge Darrin P. Gayles (bfk)
May 7, 2020 Filing 19 PAPERLESS Minute Entry for proceedings held before Judge Darrin P. Gayles: Telephone Conference held on 5/7/2020. Total time in court: 27 minutes. Counsel for Plaintiff and counsel for Defendants Daniel Fingerhut, Itay Barak, and Tal Valariola present. Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov. (bfk)
May 7, 2020 Filing 18 Summons Issued as to Digital Platinum Inc. (cbr)
May 7, 2020 Filing 17 NOTICE of Filing Proposed Summons(es) by Commodity Futures Trading Commission (Passman, Allison)
May 6, 2020 Opinion or Order Filing 16 PAPERLESS ORDER Setting Telephonic Hearing on Plaintiff's [11, 12, 13, and 14] Expedited Motions for May 7, 2020, at 11:00 AM in Miami Division before Judge Darrin P. Gayles. Counsel shall enter their appearances telephonically using the following dial-in information: Dial-in Number 888-273-3658; Access Code 7032614; Security Code 5170. Please dial in at least ten minutes before the Status Conference begins and wait until your case is called. Signed by Judge Darrin P. Gayles (bfk)
May 6, 2020 Filing 15 Notice of Pending, Refiled, Related or Similar Actions by Commodity Futures Trading Commission (Passman, Allison)
May 6, 2020 Filing 14 Plaintiff's EXPEDITED MOTION Expedited Discovery by Commodity Futures Trading Commission. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Text of Proposed Order)(Passman, Allison)
May 6, 2020 Filing 13 Plaintiff's EXPEDITED MOTION Leave to File Combined Memorandum by Commodity Futures Trading Commission. (Attachments: #1 Combined Memorandum in Support of Motion for Preliminary Injunction & Motion for Appointment of Temporary Receiver, #2 Appendix of Exhibits to Combined Memorandum in Support of Motion for Preliminary Injunction & Motion for Appointment of Temporary Receiver)(Passman, Allison) Relief Modified on 5/6/2020 (cbr).
May 6, 2020 Filing 12 Plaintiff's EXPEDITED MOTION Appointment of Temporary Receiver by Commodity Futures Trading Commission. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Text of Proposed Order)(Passman, Allison)
May 6, 2020 Filing 11 Plaintiff's EXPEDITED MOTION Preliminary Injunction and Other Equitable Relief by Commodity Futures Trading Commission. (Attachments: #1 Text of Proposed Order)(Passman, Allison) Relief Modified on 5/6/2020 (cbr).
May 6, 2020 Filing 10 NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles (bfk)
May 6, 2020 Filing 9 Summons Issued as to Tal Valariola, (mee)
May 6, 2020 Filing 8 Summons Issued as to Digital Platinum Ltd., (mee)
May 6, 2020 Filing 7 Summons Issued as to Itay Barak, (mee)
May 6, 2020 Filing 6 Summons Issued as to Huf Mediya, (mee)
May 6, 2020 Filing 5 Summons Issued as to Digital Platinum Inc. (mee)
May 6, 2020 Filing 4 Summons Issued as to Daniel Fingerhut. (mee)
May 6, 2020 Filing 3 Summons Issued as to Aicel Carbonero. (mee)
May 5, 2020 Filing 2 Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. 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. 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. (mee)
May 5, 2020 Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00. USA Filer - No Filing Fee Required, filed by Commodity Futures Trading Commission. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s), #4 Summon(s), #5 Summon(s), #6 Summon(s), #7 Summon(s), #8 Summon(s))(Passman, Allison)

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Search for this case: Commodity Futures Trading Commission v. Fingerhut et al
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Defendant: Aicel Carbonero
Represented By: Brett A. Feinstein
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Defendant: Tal Valariola
Represented By: Leah Heather Mayersohn
Represented By: Seth T. Taube
Represented By: Mariam Zaki
Represented By: Stephanie Cagniart
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Defendant: Digital Platinum Ltd.
Represented By: Leah Heather Mayersohn
Represented By: Jason Pickholz
Represented By: Mariam Zaki
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Defendant: Daniel Fingerhut
Represented By: Omar F. Guerra Johansson
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Defendant: Itay Barak
Represented By: Leah Heather Mayersohn
Represented By: Seth T. Taube
Represented By: Mariam Zaki
Represented By: Stephanie Cagniart
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Defendant: Digital Platinum Inc
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Defendant: Huf Mediya
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Defendant: Huf Mediya, LTD
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Defendant: Hoof Media LTD
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Plaintiff: Commodity Futures Trading Commission
Represented By: Allison V. Passman
Represented By: Candice Voticky Haan
Represented By: Susan Gradman
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