Securities & Exchange Commission v. Complete Business Solutions Group, Inc. et al
Plaintiff: Securities & Exchange Commission
Defendant: Retirement Evolution Income Fund LLC, Joseph W. LaForte, ABPF Management Company, LLC, Joseph Cole Barleta, John Gissas, ABetterFinancialPlan.com LLC doing business as Better Financial Plan, RE Income Fund 2, LLC, Joe Macki, Retirement Evolution Group, LLC, L.M.E. 2017 Family Trust, Lisa Mcelhone, ABPF Income Fund 2, L.P., Full Spectrum Processing, Inc., Fidelis Financial Planning LLC, Michael C Furman, Joe Mack, Re Income Fund, LLC, Joe McElhone, Dean J Vagnozzi, United Fidelis Group Corp., Complete Business Solutions Group, Inc. doing business as Par Funding, Pillar Life Settlement Management Company, LLC, Perry S Abbonizio, Joe Cole, ABPF Income Fund, LLC and The LME 2017 Family Trust
Intervenor Plaintiff: Alan J. Candell
Case Number: 9:2020cv81205
Filed: July 24, 2020
Court: US District Court for the Southern District of Florida
Presiding Judge: Bruce E Reinhart
Referring Judge: Rodolfo A Ruiz
Nature of Suit: Securities/Commodities
Cause of Action: 15:0077
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 17, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 17, 2020 Filing 267 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Securities & Exchange Commission (Berlin, Amie)
September 17, 2020 Filing 266 RESPONSE in Opposition re #220 MOTION to Amend/Correct #141 Order, #36 Order on Motion to Appoint Receiver To Clarify that Defense Counsel Can Receive a Copy of the Documents They have Provided to the Receiver in Order to Prepare their Defense, #251 MOTION for clarification of Order and Request For a Hearing and request to deny or strike Broadway Advance filing as it is not a party to this case and has not sought to intervene filed by Securities & Exchange Commission. Replies due by 9/24/2020. (Berlin, Amie)
September 16, 2020 Filing 265 RESPONSE in Opposition re #252 MOTION to Intervene and for miscellaneous relief filed by Securities & Exchange Commission. Replies due by 9/23/2020. (Berlin, Amie)
September 16, 2020 Filing 264 Unopposed EXPEDITED MOTION (1) to Lift Litigation Injunction as to Certain Garnishment Proceedings (Fifth Motion); (2) to Lift Litigation Injunction as to Certain Affirmative Proceedings Filed on Behalf of The Receivership Entities Prior to Receivership; and (3) to Authorize Release of Lien on Boshart Enterprises re #141 Order by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
September 16, 2020 Filing 263 RESPONSE to Motion re #251 MOTION for clarification of Order and Request For a Hearing filed by Ryan K Stumphauzer. Replies due by 9/23/2020. (Attachments: #1 Exhibit 1 - Agreement Dated as of November 14, 2019, #2 Exhibit 2 - Excerpts from FSP IT Service Log Dated March 13, 2020)(Kolaya, Timothy)
September 16, 2020 Filing 262 Unopposed MOTION for Extension of Time to file their Reply to Receiver's Response re #260 Response in Opposition to Motion,,,, #141 Order, #36 Order on Motion to Appoint Receiver by Joseph Cole Barleta, Joseph W. LaForte, Lisa Mcelhone, The LME 2017 Family Trust. Attorney Daniel Scott Fridman added to party Joseph Cole Barleta(pty:dft), Attorney Daniel Scott Fridman added to party Lisa Mcelhone(pty:dft). Responses due by 9/30/2020 (Attachments: #1 Text of Proposed Order)(Fridman, Daniel)
September 16, 2020 Filing 261 SCHEDULING REPORT - Rule 26(f) by Securities & Exchange Commission (Berlin, Amie)
September 15, 2020 Filing 260 RESPONSE in Opposition re #220 MOTION to Amend/Correct #141 Order, #36 Order on Motion to Appoint Receiver To Clarify that Defense Counsel Can Receive a Copy of the Documents They have Provided to the Receiver in Order to Prepare their Defense filed by Ryan K Stumphauzer. Replies due by 9/22/2020. (Attachments: #1 Exhibit 1 - Evidence of Unauthorized Access by Aida Lau, #2 Exhibit 2 - Log of Prior Access by Aida Lau, #3 Exhibit 3 - Evidence of Unauthorized Access by Other Users, #4 Exhibit 4 - Evidence of Unauthorized Access by James LaForte, #5 Exhibit 5 - Evidence of Unauthorized Access from New IP Address, #6 Exhibit 6 - Evidence of Lisa McElhone's Use of Same IP Address, #7 Exhibit 7 - Email dated August 30, 2020, #8 Exhibit 8 - Evidence of Joseph Cole's Unauthorized Access, #9 Exhibit 9 - Email dated August 28, 2020, #10 Exhibit 10 - Evidence of Joseph Cole's Unauthorized Access to QuickBooks and Accounting Files, #11 Exhibit 11 - Evidence of Aida Lau's Access to Files on Cole's New Google Drive, #12 Exhibit 12 - Email dated September 1, 2020)(Kolaya, Timothy)
September 15, 2020 Filing 259 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Retirement Evolution Income Fund LLC, John Gissas, RE Income Fund 2, LLC, Retirement Evolution Group, LLC (Kernisky, Allison)
September 15, 2020 Filing 258 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Dean J Vagnozzi (Miller, Brian)
September 15, 2020 Filing 257 NOTICE of Change of Address by Chris A. Barker (Barker, Chris)
September 14, 2020 Opinion or Order Filing 256 ORDER GRANTING PRELIMINARY INJUNCTION BY CONSENT AS TO DEFENDANT DEAN VAGNOZZI. Signed by Judge Rodolfo A. Ruiz, II on 9/14/2020. See attached document for full details. (as03)
September 14, 2020 Filing 255 MOTION for Judgment of preliminary injunction by Consent against Dean Vagnozzi by Securities & Exchange Commission. (Attachments: #1 Exhibit Consent of Dean Vagnozzi, #2 Text of Proposed Order Proposed Order)(Berlin, Amie)
September 14, 2020 Set/Reset Deadlines as to #252 MOTION to Intervene and for miscellaneous relief, #251 MOTION for clarification of Order and Request For a Hearing. Responses due by 9/16/2020. SEE DE 254 ORDER (ail)
September 11, 2020 Opinion or Order Filing 254 PAPERLESS ORDER requiring Plaintiff Securities and Exchange Commission and the Receiver to file responses to #251 Non-Party Broadway Advance, LLC's Motion for Clarification of Order and Request for a Hearing and #252 Investor Plaintiffs' Motion for Limited Relief from the Amended Order Staying Litigation Against the Receivership Entities on or before September 16, 2020. Signed by Judge Rodolfo A. Ruiz, II on 9/11/2020. (as03)
September 11, 2020 Opinion or Order Filing 253 PAPERLESS ORDER granting #250 Receiver's Unopposed Motion for Extension of Time to File Sworn Statement and Accounting. The Receiver shall submit the Sworn Statement and Accounting pursuant to Paragraph 10 of the Amended Receivership Order [ECF No. 141] on or before October 30, 2020. Signed by Judge Rodolfo A. Ruiz, II on 9/11/2020. (as03)
September 11, 2020 Filing 252 MOTION to Intervene and for miscellaneous relief by Joseph Caputo. Attorney Chris A. Barker added to party Joseph Caputo(pty:intvp). (Barker, Chris)
September 11, 2020 Filing 251 MOTION for clarification of Order and Request For a Hearing by Broadway Advance LLC. Responses due by 9/25/2020 (Schwartz, Fred)
September 11, 2020 Filing 250 Unopposed MOTION for Extension of Time to File Sworn Statement and Accounting re #141 Order by Ryan K Stumphauzer. Responses due by 9/25/2020 (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
September 10, 2020 Filing 249 Joint RESPONSE to #240 Notice (Other) by Joseph Cole Barleta, Joseph W. LaForte, Lisa Mcelhone. (Hirschhorn, Joel)
September 9, 2020 Filing 248 NOTICE by Dean J Vagnozzi re #237 Order on Motion to Produce Filing Complete Sworn Accounting (Attachments: #1 Exhibit Exhibit A) (Miller, Brian)
September 9, 2020 Filing 247 TRANSCRIPT of Status Conference via Zoom Video held on 9-8-2020 before Judge Rodolfo A. Ruiz, II, 1-82 pages, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@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 9/30/2020. Redacted Transcript Deadline set for 10/13/2020. Release of Transcript Restriction set for 12/8/2020. (gbx)
September 8, 2020 Filing 246 REPLY to Response to Motion re #160 MOTION to Compel the Production of Opinion Letters and Compliance Materials from Law Firms filed by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - ABFP Webpage, #2 Exhibit 2 - Excerpts from 2014 ABFP General Ledger, #3 Exhibit 3 - Excerpts from 2017 ABFP General Ledger, #4 Exhibit 4 - Excerpts from 2018 ABFP General Ledger, #5 Exhibit 5 - Email Dated September 4, 2020)(Kolaya, Timothy)
September 8, 2020 Filing 245 TRANSCRIPT of Preliminary Injunction Hearing Day 2 via Zoom held on 8-21-2020 before Judge Rodolfo A. Ruiz, II, 1-314 pages, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@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 9/29/2020. Redacted Transcript Deadline set for 10/9/2020. Release of Transcript Restriction set for 12/7/2020. (gbx)
September 8, 2020 Filing 244 TRANSCRIPT of Preliminary Injunction Hearing Day 1 via Zoom held on 8-18-2020 before Judge Rodolfo A. Ruiz, II, 1-257 pages, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@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 9/29/2020. Redacted Transcript Deadline set for 10/9/2020. Release of Transcript Restriction set for 12/7/2020. (gbx)
September 8, 2020 Filing 243 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Status Conference held on 9/8/2020. Attorney Appearance(s): All Counsel of Record, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov. (gp)
September 8, 2020 Filing 242 Letter from Ara Yilancioglu (jao)
September 8, 2020 Opinion or Order Filing 241 PAPERLESS ORDER granting the parties' Ore Tenus Motion for Extension of Time to File Joint Scheduling Report. As discussed at the September 8, 2020 status conference, the parties shall file their joint scheduling report on or before September 15, 2020. Signed by Judge Rodolfo A. Ruiz, II on 9/8/2020. (as03)
September 8, 2020 Filing 240 NOTICE by Ryan K Stumphauzer re 216 Order Setting Status Conference, Notice of Filing Report on Operations (Attachments: #1 Exhibit 1 - Report on Operations from Development Specialists, Inc.) (Kolaya, Timothy)
September 7, 2020 Filing 239 STATUS REPORT by Fox Rothschild LLP (Levitt, Peter)
September 4, 2020 Opinion or Order Filing 238 ORDER GRANTING #236 THE RECEIVER'S EXPEDITED MOTION TO EXPAND SCOPE OF RECEIVERSHIP TO INCLUDE ADDITIONAL RECEIVERSHIP ENTITIES AND TO REQUIRE DEAN VAGNOZZI TO RETURN FUNDS. Signed by Judge Rodolfo A. Ruiz, II on 9/4/2020. See attached document for full details. (as03)
September 4, 2020 Opinion or Order Filing 237 ORDER GRANTING #227 PLAINTIFF'S MOTION FOR COMPLETE SWORN ACCOUNTING. Signed by Judge Rodolfo A. Ruiz, II on 9/4/2020. See attached document for full details. (as03)
September 4, 2020 Filing 236 Unopposed EXPEDITED MOTION to Expand Scope of Receivership to Include Additional Receivership Entities and to Require Dean Vagnozzi to Return Funds re #141 Order by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
September 4, 2020 Filing 235 RESPONSE to Motion re #227 MOTION to Produce Complete Sworn Accounting with 5 days Defendant Dean Vagnozzi's Response to Plaintiff Securities and Exchange Commission's Motion for Full Sworn Accounting from Defendant Dean Vagnozzi filed by Dean J Vagnozzi. Replies due by 9/11/2020. (Paz, Alejandro)
September 4, 2020 Filing 234 RESPONSE to Motion re #227 MOTION to Produce Complete Sworn Accounting with 5 days filed by Ryan K Stumphauzer. Replies due by 9/11/2020. (Kolaya, Timothy)
September 3, 2020 Opinion or Order Filing 233 ORDER GRANTING #232 THE RECEIVER'S FOURTH EXPEDITED MOTION TO LIFT LITIGATION INJUNCTION AS TO CERTAIN GARNISHMENT PROCEEDINGS. Signed by Judge Rodolfo A. Ruiz, II on 9/3/2020. See attached document for full details. (as03)
September 3, 2020 Filing 232 Fourth EXPEDITED MOTION to Lift Litigation Injunction as to Certain Garnishment Proceedings re #141 Order by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
September 3, 2020 Filing 231 NOTICE by Dean J Vagnozzi Joint Notice of Settlement of Preliminary Injunction (Paz, Alejandro)
September 2, 2020 Opinion or Order Filing 230 ORDER GRANTING PRELIMINARY INJUNCTION BY CONSENT AS TO DEFENDANT LISA MCELHONE. Signed by Judge Rodolfo A. Ruiz, II on 9/2/2020. See attached document for full details. (as03)
September 2, 2020 Opinion or Order Filing 229 PAPERLESS ORDER requiring Defendant Dean J. Vagnozzi and Receiver to file responses to #227 Plaintiff Securities and Exchange Commission's Motion for Full Sworn Accounting from Defendant Dean Vagnozzi by 12:00 P.M. on Friday, September 4, 2020. Signed by Judge Rodolfo A. Ruiz, II on 9/2/2020. (as03)
September 2, 2020 Opinion or Order Filing 228 PAPERLESS ORDER regarding status conference scheduled for Tuesday, September 8, 2020 at 11:00 A.M.. The Zoom conference can be accessed at https://www.zoomgov.com/j/1617534370?pwd=WWlyQUZrSGhEQWY0T0tQZ3dnMjF5Zz09. The Meeting ID is 161 753 4370 and the Passcode is 546411. Signed by Judge Rodolfo A. Ruiz, II on 9/2/2020. (as03)
September 2, 2020 Filing 227 MOTION to Produce Complete Sworn Accounting with 5 days by Securities & Exchange Commission. (Attachments: #1 Exhibit Exhibit A: Vagnozzi Sworn Accounting, #2 Exhibit Exhibit B: ABFP Account Statement, #3 Exhibit Exhibit C: MK Fund Analysis, #4 Exhibit Exhibit D: MK Account Statement, #5 Text of Proposed Order Proposed Order)(Berlin, Amie)
September 2, 2020 Filing 226 NOTICE by Ryan K Stumphauzer re #219 Order on Expedited Motion - Notice Regarding the ABFP Multi-Strategy Entities and Payment of Insurance Premiums (Kolaya, Timothy)
September 2, 2020 Opinion or Order Filing 225 PAPERLESS ORDER directing Plaintiff Securities and Exchange Commission and Defendant Dean J. Vagnozzi to file joint report regarding the status of settlement discussions concerning Plaintiff's request for a preliminary injunction by 5:00 P.M. on Thursday, September 3, 2020. Signed by Judge Rodolfo A. Ruiz, II on 9/2/2020. (as03)
September 2, 2020 Filing 224 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Telephonic Status Conference held on 9/2/2020. Attorney Appearance(s): Amie Riggle Berlin, Brian Paul Miller, Alejandro Paz, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov. (gp)
September 2, 2020 Filing 223 NOTICE by Securities & Exchange Commission of Filing Exhibit for September 2, 2020 Status Conference (Attachments: #1 Exhibit MK Corporate Debt Fund Register) (Berlin, Amie)
September 2, 2020 Opinion or Order Filing 222 PAPERLESS ORDER setting telephonic status conference with Plaintiff Securities and Exchange Commission and Defendant Dean J. Vagnozzi at 4:30 P.M. on Wednesday, September 2, 2020. The parties are instructed to call 1-877-402-9753 by no later than 4:25 P.M. The access code is 9372453 and the password is 0918. The Court requires that the parties appear via a landline (i.e., not a cellular phone or a speaker phone) if possible for clarity. Signed by Judge Rodolfo A. Ruiz, II on 9/2/2020. (as03)
September 2, 2020 Filing 221 Plaintiff's MOTION for Preliminary Injunction and Consent of Defendant Lisa McElhone to Order of Preliminary Injunction and Other Relief by Securities & Exchange Commission. (Attachments: #1 Exhibit A. Consent of McElhone, #2 Text of Proposed Order)(Berlin, Amie)
September 1, 2020 Filing 220 MOTION to Amend/Correct #141 Order, #36 Order on Motion to Appoint Receiver To Clarify that Defense Counsel Can Receive a Copy of the Documents They have Provided to the Receiver in Order to Prepare their Defense by Joseph Cole Barleta, Joseph W. LaForte, Lisa Mcelhone, The LME 2017 Family Trust. Responses due by 9/15/2020 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Text of Proposed Order)(Fridman, Daniel)
September 1, 2020 Opinion or Order Filing 219 ORDER GRANTING IN PART #203 DEFENDANT DEAN J. VAGNOZZIS EXPEDITED MOTION TO APPROVE PAYMENT OF INSURANCE PREMIUMS. Signed by Judge Rodolfo A. Ruiz, II on 9/1/2020. See attached document for full details. (as03)
September 1, 2020 Filing 218 RESPONSE to Motion re #203 Defendant's EXPEDITED MOTION To Approve Payment of Insurance Premiums - Supplemental Response to Declaration of Dean Vagnozzi filed by Ryan K Stumphauzer. Replies due by 9/8/2020. (Kolaya, Timothy)
September 1, 2020 Filing 217 NOTICE by Dean J Vagnozzi re #211 Order Compliance (Attachments: #1 Exhibit Exhibit 1) (Miller, Brian)
September 1, 2020 Opinion or Order Filing 216 PAPERLESS ORDER setting status conference via Zoom on Tuesday, September 8, 2020 at 11:00 A.M. The Court will provide information on how to join the Zoom conference in a subsequent paperless order. Signed by Judge Rodolfo A. Ruiz, II on 9/1/2020. (as03)
August 31, 2020 Filing 215 STATUS REPORT - Interim Status Report Dated August 31, 2020 by Ryan K Stumphauzer (Kolaya, Timothy)
August 31, 2020 Filing 214 NOTICE by Ryan K Stumphauzer re #141 Order Notice of Filing Sworn Statement Pursuant to Paragraph 9 of the Amended Receivership Order (Attachments: #1 Exhibit 1 - Sworn Statement) (Kolaya, Timothy)
August 31, 2020 Filing 213 NOTICE by Ryan K Stumphauzer re #160 MOTION to Compel the Production of Opinion Letters and Compliance Materials from Law Firms - Status Update (Kolaya, Timothy)
August 31, 2020 Filing 212 RESPONSE to Motion re #160 MOTION to Compel the Production of Opinion Letters and Compliance Materials from Law Firms Defendant Dean Vagnozzi's Response in Opposition to Receiver Ryan K. Stumphauzer's Motion to Compel the Production of Opinion Letters and Compliance Materials from Law Firms filed by Dean J Vagnozzi. Replies due by 9/8/2020. (Attachments: #1 Exhibit A, #2 Exhibit B)(Paz, Alejandro)
August 31, 2020 Opinion or Order Filing 211 ORDER REQUIRING AFFIDAVIT FROM DEFENDANT DEAN J. VAGNOZZI. Signed by Judge Rodolfo A. Ruiz, II on 8/31/2020. See attached document for full details. (as03)
August 31, 2020 Filing 209 RESPONSE to Motion re #160 MOTION to Compel the Production of Opinion Letters and Compliance Materials from Law Firms filed by Fox Rothschild LLP. Replies due by 9/8/2020. (Attachments: #1 Exhibit A, #2 Exhibit B)(Levitt, Peter)
August 31, 2020 Filing 208 RESPONSE to Motion re #203 Defendant's EXPEDITED MOTION To Approve Payment of Insurance Premiums filed by Ryan K Stumphauzer. Replies due by 9/8/2020. (Attachments: #1 Exhibit 1 - Email Correspondence dated August 27, 2020)(Kolaya, Timothy)
August 29, 2020 Opinion or Order Filing 207 PAPERLESS ORDER directing Receiver Ryan K. Stumphauzer to submit response to #203 Defendant Dean J. Vagnozzi's Expedited Motion to Approve Payment of Insurance Premiums. Receiver shall submit his response by 10 A.M. on Monday, August 31, 2020. Signed by Judge Rodolfo A. Ruiz, II on 8/29/2020. (as03)
August 29, 2020 Opinion or Order Filing 206 PAPERLESS ORDER extending the relief the Court granted in #42 ORDER GRANTING EMERGENCY EX PARTE MOTION FOR TEMPORARY RESTRAINING ORDER AND OTHER RELIEF ("Temporary Restraining Order"). Considering extensions of time sought by the parties to submit proposed findings of fact and conclusions of law to allow time for settlement negotiations, the Court finds there is good cause for an extension of the Temporary Restraining Order. Except as modified by subsequent settlements between the parties or Orders from the Court, the relief the Court granted in the Temporary Restraining Order is extended through September 11, 2020. Signed by Judge Rodolfo A. Ruiz, II on 8/29/2020. (as03)
August 28, 2020 Filing 205 RESPONSE in Support re #203 Defendant's EXPEDITED MOTION To Approve Payment of Insurance Premiums filed by Dean J Vagnozzi. (Miller, Brian)
August 27, 2020 Filing 204 RESPONSE to Motion re #203 Defendant's EXPEDITED MOTION To Approve Payment of Insurance Premiums filed by Securities & Exchange Commission. Replies due by 9/3/2020. (Attachments: #1 Exhibit Exhibit A, Victory Bank Records, #2 Exhibit Exhibit B, Complaint against Vagnozzi and ABFP Income Fund, #3 Exhibit Exhibit C, August 11/12 2020 Settlement, #4 Exhibit Exhibit D, Agreement signed after Aug 10, #5 Exhibit Exhibit E, Aug 21 2020 case closed)(Berlin, Amie)
August 27, 2020 Filing 203 Defendant's EXPEDITED MOTION To Approve Payment of Insurance Premiums by Dean J Vagnozzi. (Attachments: #1 Exhibit Exhibit A)(Miller, Brian)
August 27, 2020 Opinion or Order Filing 202 ORDER GRANTING PRELIMINARY INJUNCTION BY CONSENT AS TO DEFENDANT JOSEPH COLE BARLETA. Signed by Judge Rodolfo A. Ruiz, II on 8/27/2020. See attached document for full details. (as03)
August 26, 2020 Filing 201 NOTICE of Settlement to Preliminary Injunction and other relief by Joseph LaForte by Securities & Exchange Commission (Berlin, Amie)
August 26, 2020 Filing 200 Unopposed MOTION for Settlement Order re: Joseph Cole Barleta by Securities & Exchange Commission. Responses due by 9/9/2020 (Attachments: #1 Exhibit Consent, #2 Text of Proposed Order Proposed Order)(Berlin, Amie)
August 25, 2020 Opinion or Order Filing 199 ORDER GRANTING #198 THE RECEIVER'S THIRD EXPEDITED MOTION TO LIFT LITIGATION INJUNCTION AS TO CERTAIN GARNISHMENT PROCEEDINGS. Signed by Judge Rodolfo A. Ruiz, II on 8/25/2020. See attached document for full details. (as03)
August 25, 2020 Filing 198 Third EXPEDITED MOTION to Lift Litigation Injunction as to Certain Garnishment Proceedings (Unopposed) re #141 Order by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
August 25, 2020 Filing 197 WAIVER OF SERVICE Returned Executed by Securities & Exchange Commission. ABPF Management Company, LLC waiver sent on 8/25/2020, answer due 10/26/2020. (Berlin, Amie)
August 24, 2020 Opinion or Order Filing 196 PAPERLESS ORDER GRANTING #191 RECEIVER RYAN K. STUMPHAUZER'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE SWORN STATEMENT. The Receiver shall file the sworn statement for the Receivership Entities on or before August 31, 2020. Signed by Judge Rodolfo A. Ruiz, II on 8/24/2020. (as03)
August 24, 2020 Opinion or Order Filing 195 ORDER GRANTING PRELIMINARY INJUNCTION BY CONSENT AS TO DEFENDANT JOHN GISSAS. Signed by Judge Rodolfo A. Ruiz, II on 8/24/2020. See attached document for full details. (as03)
August 24, 2020 Opinion or Order Filing 194 ORDER AMENDING ASSET FREEZE AS TO JOHN GISSAS AND RETIREMENT EVOLUTION. Signed by Judge Rodolfo A. Ruiz, II on 8/24/2020. See attached document for full details. (as03)
August 23, 2020 Filing 193 TRANSCRIPT of Status Conference via Zoom Video held on 8-17-2020 before Judge Rodolfo A. Ruiz, II, 1-86 pages, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@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 9/14/2020. Redacted Transcript Deadline set for 9/23/2020. Release of Transcript Restriction set for 11/23/2020. (gbx)
August 21, 2020 Filing 192 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Continuation of Preliminary Injunction Hearing held on 8/21/2020. Defense continues presentation of their case. Securities & Exchange Commission presents a rebuttal. Exhibits identified and admitted. Proposed findings of fact and conclusions of law regarding the Securities & Exchange Commission's motion for a preliminary injunction, due on or before 12:00 P.M. on Wednesday, August 26, 2020 (see Order at [ECF No. 189]). All Counsel of Record, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov. (gp)
August 21, 2020 Filing 191 Unopposed MOTION for Extension of Time to File Sworn Statement re #141 Order by Ryan K Stumphauzer. Responses due by 9/4/2020 (Kolaya, Timothy)
August 21, 2020 Opinion or Order Filing 190 ORDER GRANTING #184 DEFENDANT MICHAEL C. FURMAN'S AGREED MOTION TO MODIFY THE SCOPE OF THE RECEIVERSHIP ORDERS AND ASSET FREEZE. Signed by Judge Rodolfo A. Ruiz, II on 8/21/2020. See attached document for full details. (as03)
August 21, 2020 Opinion or Order Filing 189 PAPERLESS ORDER instructing the parties to send the Court proposed findings of fact and conclusions of law regarding the SEC's motion for a preliminary injunction. As discussed at the August 21, 2020 preliminary injunction hearing, the parties shall email their proposed findings of fact and conclusions of law to the Court at Ruiz@flsd.uscourts.gov, copying all counsel of record, on or before 12:00 P.M. on Wednesday, August 26, 2020. Signed by Judge Rodolfo A. Ruiz, II on 8/21/2020. (as03)
August 21, 2020 Filing 188 NOTICE of Attorney Appearance by Chad M Vanderhoef on behalf of Retirement Evolution Income Fund LLC, John Gissas, RE Income Fund 2, LLC, Retirement Evolution Group, LLC. Attorney Chad M Vanderhoef added to party Retirement Evolution Income Fund LLC(pty:dft), Attorney Chad M Vanderhoef added to party John Gissas(pty:dft), Attorney Chad M Vanderhoef added to party RE Income Fund 2, LLC(pty:dft), Attorney Chad M Vanderhoef added to party Retirement Evolution Group, LLC(pty:dft). (Vanderhoef, Chad)
August 21, 2020 Filing 187 MOTION for Preliminary Injunction and Consent of Defendant John Gissas by John Gissas. (Attachments: #1 Exhibit A - Consent of Defendant John Gissas, #2 Text of Proposed Order)(Small, Daniel)
August 21, 2020 Filing 186 Unopposed MOTION to Modify the Scope of the Receivership Orders and Asset Freeze re #42 Order on Motion for Temporary Restraining Order by Retirement Evolution Income Fund LLC, John Gissas, RE Income Fund 2, LLC, Retirement Evolution Group, LLC. (Attachments: #1 Text of Proposed Order)(Small, Daniel)
August 21, 2020 Filing 185 Exhibit List (Supplemental) by Lisa Mcelhone, The LME 2017 Family Trust.. (Attachments: #1 Exhibit S-A, #2 Exhibit S-B)(Hirschhorn, Joel)
August 21, 2020 Filing 184 Agreed MOTION to Modify the Scope of the Receivership Orders and Asset Freeze re #56 Order on Motion to Amend/Correct, #42 Order on Motion for Temporary Restraining Order, #141 Order, #182 Order on Motion for Preliminary Injunction by Michael C Furman. (Attachments: #1 Text of Proposed Order)(Sallah, James)
August 20, 2020 Opinion or Order Filing 183 PAPERLESS ORDER DENYING AS MOOT #149 DEFENDANT PERRY ABBONIZIO'S MOTION FOR AN ORDER DIRECTING CITIZENS BANK TO UNFREEZE HIS ACCOUNTS AND MEMORANDUM IN SUPPORT OF LIMITING THE SCOPE OF ANY POTENTIAL ASSET FREEZE IN LIGHT OF #181 ORDER GRANTING PRELIMINARY INJUNCTION BY CONSENT AS TO DEFENDANT PERRY S. ABBONIZIO. Signed by Judge Rodolfo A. Ruiz, II on 8/20/2020. (as03)
August 20, 2020 Opinion or Order Filing 182 ORDER GRANTING PRELIMINARY INJUNCTION BY CONSENT AS TO DEFENDANT MICHAEL C. FURMAN. Signed by Judge Rodolfo A. Ruiz, II on 8/20/2020. See attached document for full details. (as03)
August 20, 2020 Opinion or Order Filing 181 ORDER GRANTING PRELIMINARY INJUNCTION BY CONSENT AS TO DEFENDANT PERRY S. ABBONIZIO. Signed by Judge Rodolfo A. Ruiz, II on 8/20/2020. See attached document for full details. (as03)
August 20, 2020 Filing 180 STATUS REPORT by Ryan K Stumphauzer (Attachments: #1 Exhibit 1 - Proposed Staffing Plan)(Kolaya, Timothy)
August 20, 2020 Filing 179 NOTICE by Securities & Exchange Commission of Filing Updated Asset Freeze Results (Attachments: #1 Exhibit A. Recipients of Asset Freeze Order) (Berlin, Amie)
August 20, 2020 Filing 178 STATUS REPORT as Custodian by Fox Rothschild LLP (Levitt, Peter)
August 20, 2020 Filing 177 NOTICE by Securities & Exchange Commission of Filing Exhibits (Attachments: #1 Exhibit List of Admitted Exhibits Into Evidence During 8-18-20 PI Hearing, #2 Exhibit 168. Composite of Photos of Par Funding, #3 Exhibit 169. 5-2-16 Email, #4 Exhibit 170. 6-27-16 Email, #5 Exhibit 171. 2-27-17 Email, #6 Exhibit 172. 5-5-17 Email, #7 Exhibit 173. 10-26-17 Email, #8 Exhibit 174. 11-21-17 Email, #9 Exhibit 175. 11-21-17 Email, #10 Exhibit 176. 12-11-17 Email, #11 Exhibit 177. 12-14-17 Email, #12 Exhibit 178. 12-14-17 Email, #13 Exhibit 179. Fleetwood Case, #14 Exhibit 180. 1-24-18 Email, #15 Exhibit 181. 4-3-18 Email, #16 Exhibit 182. Declaration of Gerald Dzurek, #17 Exhibit 183. CBSG HMC Chart, #18 Exhibit 184. 2-2-17 Email, #19 Exhibit 185. 2-13-17 Email, #20 Exhibit 186. Furman Notes, #21 Exhibit 187. Certificate of Trust, #22 Exhibit 188. Furman's Responses to Admissions, #23 Exhibit 189. Mitchell Declaration, #24 Exhibit 190. Vagnozzi Accounting, #25 Exhibit 191. June MCA Update, #26 Exhibit 192. Fidelis Financial Planning, #27 Exhibit 193. Fidelis Financial Workbook, #28 Exhibit 194. Declaration of Victoria Jacqmein, #29 Exhibit 195. Retirement Evolution Spreadsheet, #30 Exhibit 196. Declaration of Christopher McMorrow, #31 Exhibit 197. Part 1 Retirement Evolution CBSG Notes, #32 Exhibit 197. Part 2 Retirement Evolution CBSG Notes, #33 Exhibit 198. ABFP Financial Record for Blue Stream Investors, #34 Exhibit 199. Declaration of Shannon Westhead, #35 Exhibit 200. Declaration of Paul Nick, #36 Exhibit 201. Fleetwood First Amended Complaint, #37 Exhibit 202. Fleetwood Second Amended Complaint, #38 Exhibit 203. Declaration of Robert Stoller, #39 Exhibit 204. Declaration of Joseph Brock, #40 Exhibit 205. Declaration of Joseph Greenberg, #41 Exhibit 206. Declaration of Richard Muldawer, #42 Exhibit 207. Declaration of Karen Smith, #43 Exhibit 208. Declaration of Phillip Mowry, #44 Exhibit 209. CBSG and Related LLC Purchase Fund Transfer, #45 Exhibit 210. Voicemail of Robert Hawrylak, #46 Exhibit 211. Declaration of David Gollner, #47 Exhibit 212. Declaration of Francis Cassidy, #48 Exhibit 213. Declaration of Joseph Gassman, #49 Exhibit 214. Declaration of Mark Nardelli, #50 Exhibit 215. Melissa Davis Supplemental Declaration, #51 Exhibit Declaration of Raymond Andjich, #52 Exhibit 217. Declaration of James Klenk) (Berlin, Amie)
August 20, 2020 Filing 176 Plaintiff's MOTION for Preliminary Injunction and Consent of Defendant Michael C. Furman by Securities & Exchange Commission. (Attachments: #1 Exhibit A. Furman Consent, #2 Text of Proposed Order)(Berlin, Amie)
August 20, 2020 Filing 175 NOTICE of Attorney Appearance by Miranda Lundeen Soto on behalf of Fox Rothschild LLP. Attorney Miranda Lundeen Soto added to party Fox Rothschild LLP(pty:cust). (Soto, Miranda)
August 20, 2020 Filing 174 NOTICE of Attorney Appearance by Peter Harlan Levitt on behalf of Fox Rothschild LLP. Attorney Peter Harlan Levitt added to party Fox Rothschild LLP(pty:cust). (Levitt, Peter)
August 20, 2020 Filing 173 Plaintiff's MOTION for Preliminary Injunction and Consent of Defendant Perry Abbonizio by Securities & Exchange Commission. (Attachments: #1 Exhibit A. Abbonizio Consent, #2 Text of Proposed Order)(Berlin, Amie)
August 18, 2020 Opinion or Order Filing 172 PAPERLESS ORDER extending the relief the Court granted in #42 ORDER GRANTING EMERGENCY EX PARTE MOTION FOR TEMPORARY RESTRAINING ORDER AND OTHER RELIEF ("Temporary Restraining Order"). As discussed at the preliminary injunction hearing on August 18, 2020, the Court finds there is good cause for an extension of the Temporary Restraining Order through Friday, September 4, 2020 to allow time for continuation of the preliminary injunction hearing and for the Court to issue an order ruling on Plaintiffs request for a preliminary injunction. Signed by Judge Rodolfo A. Ruiz, II on 8/18/2020. (as03)
August 18, 2020 Opinion or Order Filing 171 PAPERLESS ORDER setting continuation of preliminary injunction hearing for Friday, August 21, 2020 at 10:00 A.M. The hearing will take place via Zoom videoconference. The Zoom hearing can be accessed at https://www.zoomgov.com/j/1610595966?pwd=REQvVXZQOG44Szlsbms1dGVPa0pjdz09. The Meeting ID is 161 059 5966 and the Passcode is 021960. Signed by Judge Rodolfo A. Ruiz, II on 8/18/2020. (as03)
August 18, 2020 Filing 170 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Preliminary Injunction Hearing held on 8/18/2020. Securities & Exchange Commission's presents their case in chief. Exhibits identified and admitted. Defense begins presentation of their case. Preliminary Injunction Hearing will resume on Friday, August 21, 2020 at 10:00 AM. Order to follow. Attorney Appearance(s): All Counsel of Record; Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov. (gp)
August 18, 2020 Opinion or Order Filing 169 PAPERLESS ORDER *** TIME CHANGE ONLY *** resetting preliminary injunction hearing on Tuesday, August 18, 2020 to 11:00 A.M.. Pursuant to a joint request from Plaintiff Securities and Exchange Commission and Defendants counsel, the Court is moving the preliminary injunction hearing from 10:00 A.M. to 11:00 A.M. The Zoom hearing can be accessed at https://www.zoomgov.com/j/1601677125?pwd=VnNmOXB2eHBXVHAvWFE5Vzk2TlNVZz09. The Meeting ID is 160 167 7125 and the Passcode is 998431. Signed by Judge Rodolfo A. Ruiz, II on 8/18/2020. (as03)
August 17, 2020 Filing 168 NOTICE of Attorney Appearance by Joshua Arnold Katz on behalf of Michael C Furman. Attorney Joshua Arnold Katz added to party Michael C Furman(pty:dft). (Katz, Joshua)
August 17, 2020 Filing 167 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Telephone Status Conference held on 8/17/2020. Attorney Appearance(s): All counsel of record, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov. (gp)
August 17, 2020 Filing 166 NOTICE by Ryan K Stumphauzer of Establishing Receivership Website (Kolaya, Timothy)
August 17, 2020 Opinion or Order Filing 165 ORDER REFERRING #160 RECEIVER'S MOTION TO COMPEL THE PRODUCTION OF OPINION LETTERS AND COMPLIANCE MATERIALS FROM LAW FIRMS. Motion referred to Judge Bruce E. Reinhart. Signed by Judge Rodolfo A. Ruiz, II on 8/16/2020. See attached document for full details. (as03)
August 17, 2020 Opinion or Order Filing 164 Order Requiring Joint Scheduling Report. Joint Scheduling Report due by September 8, 2020. Signed by Judge Rodolfo A. Ruiz, II on 8/17/2020. See attached document for full details. (as03)
August 17, 2020 Opinion or Order Filing 163 PAPERLESS ORDER regarding preliminary injunction hearing scheduled for Tuesday, August 18, 2020 at 10:00 A.M. The Zoom hearing can be accessed at https://www.zoomgov.com/j/1601677125?pwd=VnNmOXB2eHBXVHAvWFE5Vzk2TlNVZz09. The Meeting ID is 160 167 7125 and the Passcode is 998431. Signed by Judge Rodolfo A. Ruiz, II on 8/17/2020. (as03)
August 17, 2020 Opinion or Order Filing 162 PAPERLESS ORDER granting #161 Defendant Dean Vagnozzi's Agreed Motion to Seal 147 Opposition to SEC's Motion for TRO and Other Relief and Brief on Preliminary Injunction Hearing Issues. The Clerk is directed to SEAL ECF No. 147 . Signed by Judge Rodolfo A. Ruiz, II on 8/17/2020. (as03)
August 17, 2020 Filing 161 MOTION to Seal Defendant Dean Vagnozzi's Agreed Motion to Seal his [D.E. 147] Opposition to SEC's Motion for TRO and other Relief, and Brief on Preliminary injunction Hearing Issues per Local Rule 5.4 by Dean J Vagnozzi. (Paz, Alejandro)
August 16, 2020 Filing 160 MOTION to Compel the Production of Opinion Letters and Compliance Materials from Law Firms by Ryan K Stumphauzer. Responses due by 8/31/2020 (Attachments: #1 Exhibit 1 - Letter Dated August 6, 2020, #2 Exhibit 2 - Letter from Receiver Dated August 10, 2020, #3 Exhibit 3 - Letter from Welsh & Recker Dated August 10, 2020, #4 Exhibit 4 - Letter from Receiver Dated August 11, 2020, #5 Exhibit 5 - Letter from Jenner & Block Dated August 10, 2020, #6 Exhibit 6 - Letter from Welsh & Recker Dated August 12, 2020, #7 Exhibit 7 - Letter from Receiver Dated August 14, 2020, #8 Exhibit 8 - Letter from Welsh & Recker Dated August 14, 2020)(Kolaya, Timothy)
August 15, 2020 Opinion or Order Filing 159 ORDER GRANTING #155 RECEIVER'S EMERGENCY MOTION TO ENJOIN ACCESS TO COMPLETE BUSINESS SOLUTIONS GROUP, INC. D/B/A PAR FUNDING AND FULL SPECTRUM PROCESSING, INC.'S ELECTRONICALLY STORED INFORMATION. Signed by Judge Rodolfo A. Ruiz, II on 8/15/2020. See attached document for full details. (as03)
August 15, 2020 Opinion or Order Filing 158 ORDER GRANTING #143 MOTION TO WITHDRAW AS COUNSEL. Signed by Judge Rodolfo A. Ruiz, II on 8/15/2020. See attached document for full details. (as03)
August 15, 2020 Opinion or Order Filing 157 ORDER GRANTING #156 RECEIVER'S EXPEDITED MOTION TO QUASH FRIDAY AFTERNOON SUBPOENA AND FOR PROTECTIVE ORDER. Signed by Judge Rodolfo A. Ruiz, II on 8/15/2020. See attached document for full details. (as03)
August 15, 2020 Filing 156 EXPEDITED MOTION to Quash Friday Afternoon Subpoena and for Protective Order by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Subpoena for Deposition, #2 Exhibit 2 - Email dated August 14, 2020, #3 Text of Proposed Order)(Kolaya, Timothy)
August 15, 2020 Filing 155 EMERGENCY MOTION with Certification of Emergency included to Enjoin Access to Complete Business Solutions Group, Inc. d/b/a Par Funding and Full Spectrum Processing, Inc.s Electronically Stored Information and for Order to Show Cause Against Former CBSG and Full Spectrum Employees That Violated This Courts Receivership Order by Ryan K Stumphauzer. Responses due by 8/31/2020 (Attachments: #1 Exhibit 1 - List of Other Entities, #2 Exhibit 2 - Email from Kevin Young, #3 Text of Proposed Order)(Kolaya, Timothy)
August 15, 2020 Filing 154 NOTICE by Securities & Exchange Commission of Filing Correspondence to Investors (Attachments: #1 Exhibit Ex. A Correspondence to Investors, #2 Exhibit Ex. B Candell) (Berlin, Amie)
August 15, 2020 Opinion or Order Filing 153 PAPERLESS ORDER granting #135 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for attorney Bettina Schein. Signed by Judge Rodolfo A. Ruiz, II on 8/15/2020. (as03)
August 14, 2020 Opinion or Order Filing 152 ORDER DENYING #128 MOTION OF ALAN J. CANDELL TO INTERVENE. Signed by Judge Rodolfo A. Ruiz, II on 8/14/2020. See attached document for full details. (as03)
August 14, 2020 Opinion or Order Filing 151 ORDER GRANTING #145 RECEIVER'S SECOND EXPEDITED MOTION TO LIFT LITIGATION INJUNCTION AS TO CERTAIN GARNISHMENT PROCEEDINGS Signed by Judge Rodolfo A. Ruiz, II on 8/14/2020. See attached document for full details. (as03)
August 14, 2020 Filing 150 Witness List for August 18, 2020 Preliminary Injunction Hearing by Dean J Vagnozzi.. (Miller, Brian)
August 14, 2020 Attorney Brett A. Berman representing Mcelhone, Lisa (Defendant) and Barleta, Joseph Cole (Defendant) and LaForte, Joseph W. (Defendant); and L.M.E. 2017 Family Trust (Defendant); ; Attorney Alex Louis Braunstein representing Mcelhone, Lisa (Defendant) and Barleta, Joseph Cole (Defendant); and LaForte, Joseph W. (Defendant); and L.M.E. 2017 Family Trust (Defendant); ; Attorney Joseph A. DeMaria representing Mcelhone, Lisa (Defendant) and Barleta, Joseph Cole (Defendant); and LaForte, Joseph W. (Defendant); and L.M.E. 2017 Family Trust (Defendant); ; Attorney Robert F. Elgidely representing Mcelhone, Lisa (Defendant) and Barleta, Joseph Cole (Defendant); and LaForte, Joseph W. (Defendant); and L.M.E. 2017 Family Trust (Defendant); terminated. Notice of Termination delivered by US Mail to Brett Berman. See DE #139 . (pes)
August 14, 2020 Filing 149 Defendant's MOTION for an Order Directing Citizen's Bank to Unfreeze Accounts and Memorandum in Support of Limiting the Scope of any Potential Asset Freeze by Perry S Abbonizio. (Marcus, Jeffrey)
August 14, 2020 Filing 148 RESPONSE TO ORDER TO SHOW CAUSE by Lisa Mcelhone, The LME 2017 Family Trust, Joseph Cole Barleta, Joseph W. LaForte. (Attachments: #1 Table of Contents, #2 Exhibit List, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N, #17 Exhibit O, #18 Exhibit P, #19 Exhibit Q)(Hirschhorn, Joel)
August 14, 2020 Filing 147 RESPONSE in Opposition re #14 MOTION for Temporary Restraining Order and Other Relief, and Brief on Preliminary Injunction Hearing Issues filed by Dean J Vagnozzi. Replies due by 8/21/2020. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J)(Miller, Brian)
August 14, 2020 Filing 146 RESPONSE in Opposition re #14 MOTION for Temporary Restraining Order filed by Retirement Evolution Income Fund LLC, John Gissas, RE Income Fund 2, LLC, Retirement Evolution Group, LLC. Replies due by 8/21/2020. (Attachments: #1 Exhibit 1, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit 2)(Small, Daniel)
August 14, 2020 Filing 145 Second EXPEDITED MOTION to Lift Litigation Injunction as to Certain Garnishment Proceedings (Unopposed) by Ryan K Stumphauzer. (Attachments: #1 Text of Proposed Order)(Kolaya, Timothy)
August 14, 2020 Filing 144 NOTICE of Attorney Appearance by James D. Sallah on behalf of Michael C Furman. Attorney James D. Sallah added to party Michael C Furman(pty:dft). (Sallah, James)
August 14, 2020 Filing 143 MOTION to Withdraw as Attorney for Complete Business Solutions Group, Inc. and Full Spectrum Processing, Inc. by Joseph A. DeMaria, Brett Berman, Robert F. Elgidely and Alex L. Braunstein for / by Complete Business Solutions Group, Inc., Full Spectrum Processing, Inc.. Responses due by 8/28/2020 (DeMaria, Joseph)
August 14, 2020 Filing 142 NOTICE of Attorney Appearance by Daniel Scott Fridman on behalf of L.M.E. 2017 Family Trust, The LME 2017 Family Trust. Attorney Daniel Scott Fridman added to party L.M.E. 2017 Family Trust(pty:dft), Attorney Daniel Scott Fridman added to party The LME 2017 Family Trust(pty:dft). (Fridman, Daniel)
August 13, 2020 Opinion or Order Filing 141 AMENDED ORDER APPOINTING RECEIVER. Signed by Judge Rodolfo A. Ruiz, II on 8/13/2020. See attached document for full details. (as03)
August 13, 2020 Opinion or Order Filing 140 ORDER granting #105 Plaintiff's Expedited Motion to Amend Receivership Order. Signed by Judge Rodolfo A. Ruiz, II on 8/13/2020. See attached document for full details. (as03)
August 13, 2020 Opinion or Order Filing 139 ORDER granting #138 Fox Rothschild LLP's Motion to Withdraw as Counsel for Joseph Cole Barleta, Joseph W. LaForte, Lisa McElhone, and the L.M.E. 2017 Family Trust. Signed by Judge Rodolfo A. Ruiz, II on 8/13/2020. See attached document for full details. (as03)
August 13, 2020 Filing 138 MOTION to Withdraw as Attorney for Joseph Cole Barleta, Joseph W. LaForte, Lisa McElhone and The LME 2017 Family Trust by Joseph A. DeMaria, Brett Berman, Robert F. Elgidely, Alex L. Braunstein for / by Joseph Cole Barleta, L.M.E. 2017 Family Trust, Joseph W. LaForte, Lisa Mcelhone. Responses due by 8/27/2020 (DeMaria, Joseph)
August 13, 2020 Filing 137 WAIVER OF SERVICE Returned Executed by Securities & Exchange Commission. The LME 2017 Family Trust waiver sent on 8/10/2020, answer due 10/9/2020. (Berlin, Amie)
August 13, 2020 Filing 136 Notice of Entry of Parties Listed NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): The LME 2017 Family Trust. (Berlin, Amie)
August 12, 2020 Filing 135 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Bettina Schein. Filing Fee $ 200.00 Receipt # AFLSDC-13341446 by Joseph Cole Barleta. Responses due by 8/26/2020 (Attachments: #1 Text of Proposed Order)(Raikhelson, Andre)
August 12, 2020 Filing 134 NOTICE of Attorney Appearance by Andre G. Raikhelson on behalf of Joseph Cole Barleta. Attorney Andre G. Raikhelson added to party Joseph Cole Barleta(pty:dft). (Raikhelson, Andre)
August 12, 2020 Filing 133 RESPONSE to Motion re #105 Plaintiff's EXPEDITED MOTION To Amend Receivership Order filed by Ryan K Stumphauzer. Replies due by 8/19/2020. (Attachments: #1 Exhibit 1 - Excerpts from Transcript dated August 4, 2020, #2 Exhibit 2 - Email from J. DeMaria dated August 6, 2020, #3 Exhibit 3 - Email from B. Berman dated August 6, 2020, #4 Exhibit 4 - Email from J. DeMaria dated August 6, 2020, #5 Exhibit 5 - Letter from Receiver to Defendants dated August 10, 2020, #6 Exhibit 6 - Letter from Receiver to Legal Advisors dated August 10, 2020, #7 Exhibit 7 - Letter from Counsel for Lisa McElhone dated August 6, 2020)(Kolaya, Timothy)
August 12, 2020 Filing 132 Amended RESPONSE to #105 Plaintiff's EXPEDITED MOTION To Amend Receivership Order by L.M.E. 2017 Family Trust, Lisa Mcelhone. (Attachments: #1 Exhibit, #2 Exhibit)(Hirschhorn, Joel)
August 12, 2020 Filing 131 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Securities & Exchange Commission. Full Spectrum Processing, Inc. served on 8/11/2020, answer due 9/1/2020. (Berlin, Amie)
August 12, 2020 Filing 130 RESPONSE in Opposition re #105 Plaintiff's EXPEDITED MOTION To Amend Receivership Order filed by L.M.E. 2017 Family Trust, Lisa Mcelhone. Replies due by 8/19/2020. (Attachments: #1 Exhibit, #2 Exhibit)(Hirschhorn, Joel)
August 12, 2020 Filing 129 Consent by Pro Se Litigant (Non-Prisoner) Alan J. Candell to receive Notices of Electronic Filing at email address: alanesq47@aol.com (jao)
August 12, 2020 Filing 128 MOTION to Intervene with Memorandum of Law by Alan J. Candell. (jao)
August 12, 2020 Filing 127 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Securities & Exchange Commission. United Fidelis Group Corp. served on 8/10/2020, answer due 8/31/2020. (Berlin, Amie)
August 12, 2020 Filing 126 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Securities & Exchange Commission. ABetterFinancialPlan.com LLC served on 8/10/2020, answer due 8/31/2020. (Berlin, Amie)
August 12, 2020 Filing 125 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Securities & Exchange Commission. Fidelis Financial Planning LLC served on 8/10/2020, answer due 8/31/2020. (Berlin, Amie)
August 12, 2020 Filing 124 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Securities & Exchange Commission. Complete Business Solutions Group, Inc. served on 8/10/2020, answer due 8/31/2020. (Berlin, Amie)
August 12, 2020 Filing 123 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Securities & Exchange Commission. ABPF Management Company, LLC served on 8/10/2020, answer due 8/31/2020. (Berlin, Amie)
August 12, 2020 Filing 122 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Securities & Exchange Commission. ABPF Income Fund, LLC served on 8/10/2020, answer due 8/31/2020. (Berlin, Amie)
August 12, 2020 Filing 121 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Securities & Exchange Commission. ABPF Income Fund 2, L.P. served on 8/10/2020, answer due 8/31/2020. (Berlin, Amie)
August 12, 2020 Filing 120 TRANSCRIPT of telephonic status hearing held on 7-27-2020 before Judge Rodolfo A. Ruiz, II, 1-32 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 9/2/2020. Redacted Transcript Deadline set for 9/14/2020. Release of Transcript Restriction set for 11/10/2020. (Savino, Dawn)
August 10, 2020 Filing 119 AMENDED COMPLAINT For Injunctive And Other Relief against All Defendants, filed by Securities & Exchange Commission.(Berlin, Amie)
August 10, 2020 Filing 118 Summons Issued as to L.M.E. 2017 Family Trust. (pes)
August 10, 2020 Filing 117 NOTICE of Filing Proposed Summons(es) Corrected Summons by Securities & Exchange Commission (Berlin, Amie)
August 9, 2020 Opinion or Order Filing 116 ORDER GRANTING #101 RECEIVER'S EXPEDITED MOTION TO APPROVE RETAINED PROFESSIONAL. Signed by Judge Rodolfo A. Ruiz, II on 8/9/2020. See attached document for full details. (as03)
August 9, 2020 Filing 115 Joint REPLY to the Receivers Response to Defendants Joint Cross Motion to Have This Court Direct the Receiver to Rehire Skilled, Knowledgeable and Experienced CBSG Employees Who Know the Business and Have Been Out of Work Since the TRO and the Receivers Appointment #114 by Joseph Cole Barleta, L.M.E. 2017 Family Trust, Joseph W. LaForte, Lisa Mcelhone. (Attachments: #1 Exhibit, #2 Exhibit)(Hirschhorn, Joel)
August 8, 2020 Filing 114 REPLY to Response to Motion re #101 EXPEDITED MOTION to Approve Retained Professional (Corrected) filed by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Grand Jury Indictment)(Kolaya, Timothy)
August 8, 2020 Filing 113 REPLY to Response to Motion re #101 EXPEDITED MOTION to Approve Retained Professional filed by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Grand Jury Indictment)(Kolaya, Timothy)
August 7, 2020 Opinion or Order Filing 112 ORDER GRANTING #111 RECEIVER'S EMERGENCY MOTION TO LIFT LITIGATION INJUNCTION AS TO CERTAIN GARNISHMENT PROCEEDINGS. Signed by Judge Rodolfo A. Ruiz, II on 8/7/2020. See attached document for full details. (as03)
August 7, 2020 Filing 111 EXPEDITED MOTION to Lift Litigation Injunction as to Certain Garnishment Proceedings re #56 Order on Motion to Amend/Correct by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Actions Satisfied or Resolved by Agreement, #2 Exhibit 2 - Actions Subject to Bankruptcy Filings, #3 Text of Proposed Order)(Kolaya, Timothy)
August 7, 2020 Filing 110 Corrected Transcript and Notice of Correction of Status Conference via Zoom Video held on 8-4-2020 (corrected as to date held) before Judge Rodolfo A. Ruiz, II, 1-136 pages, re: #103 Transcript,, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov. (gbx)
August 7, 2020 Filing 109 RESPONSE to Motion re #101 EXPEDITED MOTION to Approve Retained Professional filed by Dean J Vagnozzi. Replies due by 8/14/2020. (Miller, Brian)
August 7, 2020 Opinion or Order Filing 108 PAPERLESS ORDER regarding #105 Plaintiff's Expedited Motion to Amend Receivership Order ("Motion"). Any Defendants who oppose the Motion shall file a single combined response on or before Wednesday, August 12, 2020 at 5:00 P.M. No Reply will be permitted without leave from the Court. Before Defendants file their response, Plaintiff and Defendants shall take all possible to steps to meet and confer regarding the relief requested in the Motion. Signed by Judge Rodolfo A. Ruiz, II on 8/7/2020. (as03)
August 7, 2020 Filing 107 RESPONSE to Motion re #105 Plaintiff's EXPEDITED MOTION To Amend Receivership Order filed by Complete Business Solutions Group, Inc., Full Spectrum Processing, Inc.. Replies due by 8/14/2020. (DeMaria, Joseph)
August 7, 2020 Filing 106 RESPONSE to Motion re #101 EXPEDITED MOTION to Approve Retained Professional and Defendants Joint Cross Motion to Have This Court Direct the Receiver to Immediately Engage Approximately 70 Skilled, Knowledgeable and Experienced CBSG Employees Who Know the Business and Have Been Out of Work Forced From Their Jobs Since the TRO and the Receivers Appointment filed by Joseph Cole Barleta, L.M.E. 2017 Family Trust, Lisa Mcelhone. Attorney Joel Hirschhorn added to party Joseph Cole Barleta(pty:dft). Replies due by 8/14/2020. (Attachments: #1 Exhibit, #2 Exhibit)(Hirschhorn, Joel)
August 7, 2020 Filing 105 Plaintiff's EXPEDITED MOTION To Amend Receivership Order by Securities & Exchange Commission. (Attachments: #1 Exhibit A.Vagnozzi Response, #2 Exhibit B.Composite of Receiverhship Order, #3 Exhibit C. Email, #4 Exhibit D. Email, #5 Exhibit E. Declaration of Shane Heskin, #6 Text of Proposed Order)(Berlin, Amie)
August 7, 2020 Opinion or Order Filing 104 ORDER REQUIRING COMBINED RESPONSES. Signed by Judge Rodolfo A. Ruiz, II on 8/7/2020. See attached document for full details. (as03)
August 7, 2020 Filing 103 TRANSCRIPT of Status Conference via Zoom Video held on 8-4-2020 before Judge Rodolfo A. Ruiz, II, 136 pages, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@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 8/28/2020. Redacted Transcript Deadline set for 9/8/2020. Release of Transcript Restriction set for 11/5/2020. (gbx)
August 6, 2020 Opinion or Order Filing 102 PAPERLESS ORDER regarding #101 Receiver's Motion to Approve Retained Professional ("Motion"). Any responses to the Motion shall be filed by Friday, August 7, 2020 at 5:00 P.M.. To the extent Receiver wishes to file a reply, he must do so by Saturday, August 8, 2020 at 5:00 P.M.. Signed by Judge Rodolfo A. Ruiz, II on 8/6/2020. (as03)
August 6, 2020 Filing 101 EXPEDITED MOTION to Approve Retained Professional by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Proposed Engagement Letter and Qualifications for Development Specialists, Inc., #2 Text of Proposed Order)(Kolaya, Timothy)
August 6, 2020 Filing 100 NOTICE by Complete Business Solutions Group, Inc., Full Spectrum Processing, Inc. of Independent Counsel's Continuing Role for the Companies (DeMaria, Joseph)
August 6, 2020 Opinion or Order Filing 99 PAPERLESS ORDER denying #71 Defendants' Agreed Joint Motion to Continue Hearing on Plaintiff's Motion for Preliminary Injunction as MOOT in light of #97 the Court's Order Resetting Preliminary Injunction Hearing. Signed by Judge Rodolfo A. Ruiz, II on 8/6/2020. (as03)
August 6, 2020 Filing 98 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Securities & Exchange Commission. Joseph Cole Barleta served on 8/5/2020, answer due 8/26/2020. (Berlin, Amie)
August 6, 2020 Set Hearings Preliminary Injunction Hearing set for 8/18/2020 10:00 AM in Fort Lauderdale Division before Judge Rodolfo A. Ruiz II. Telephonic Status Conference set for 8/17/2020 02:30 PM in Fort Lauderdale Division before Judge Rodolfo A. Ruiz II. Per ECF No. #97 Order. (gp)
August 5, 2020 Opinion or Order Filing 97 ORDER RESETTING PRELIMINARY INJUNCTION HEARING. Signed by Judge Rodolfo A. Ruiz, II on 8/5/2020. See attached document for full details. (as03)
August 5, 2020 Opinion or Order Filing 96 PAPERLESS ORDER granting #68 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for attorney James R. Froccaro, Jr., Esq. Signed by Judge Rodolfo A. Ruiz, II on 8/5/2020. (as03)
August 5, 2020 Opinion or Order Filing 95 PAPERLESS ORDER granting #62 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for attorney Alan S. Futerfas, Esq. Signed by Judge Rodolfo A. Ruiz, II on 8/5/2020. (as03)
August 5, 2020 Filing 94 NOTICE by Securities & Exchange Commission of Parties' positions on preliminary injunction hearing dates (Berlin, Amie)
August 5, 2020 Filing 93 Clerks Notice to Filer re #91 Notice (Other). Docket Text Does Not Match Document; ERROR - The Filer failed to enter a title in the docket text that matches the title of the document. The correction was made by the Clerk. It is not necessary to refile the document. (pes)
August 4, 2020 Filing 92 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Status Conference Hearing held on 8/4/2020. Order to follow. Attorney Appearance(s): All Counsel of Record, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov. (gp)
August 4, 2020 Filing 91 NOTICE of Joinder in Defendant Dean Vagnozzi's Brief on Current Scope of Receivership and Asset Freeze Issues by L.M.E. 2017 Family Trust, Lisa Mcelhone re #82 Memorandum (Hirschhorn, Joel) Modified text to reflect document title on 8/5/2020 (pes).
August 4, 2020 Filing 90 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Securities & Exchange Commission. Dean J Vagnozzi served on 8/3/2020, answer due 8/24/2020. (Berlin, Amie)
August 4, 2020 Filing 89 NOTICE by Securities & Exchange Commission of Filing Exhibits to Use During Hearing (Attachments: #1 Exhibit 1. Davis Declaration, #2 Exhibit 2. Furman Discovery Responses, #3 Exhibit 3. Vagnozzi Discovery Responses) (Berlin, Amie)
August 4, 2020 Opinion or Order Filing 88 PAPERLESS ORDER granting #87 Expedited Request to Participate in August 4, 2020, 3:30 P.M. Zoom hearing ("Motion"). The Court will send information on how to join the hearing via Zoom to the email address provided in the Motion. Signed by Judge Rodolfo A. Ruiz, II on 8/4/2020. (as03)
August 4, 2020 Filing 87 EXPEDITED MOTION/REQUEST To Participate in 08.03.2020 Zoom Hearing by Broadway Advance LLC. Attorney Fred Arthur Schwartz added to party Fred A. Schwartz (pty:dft). (Schwartz, Fred) -Modified text on 8/4/2020 (gp)-
August 4, 2020 Opinion or Order Filing 86 PAPERLESS ORDER granting #85 Motion for Leave to File Excess Pages. Signed by Judge Rodolfo A. Ruiz, II on 8/4/2020. (as03)
August 4, 2020 Filing 85 MOTION for Leave to File Excess Pages by Complete Business Solutions Group, Inc., Full Spectrum Processing, Inc.. (DeMaria, Joseph)
August 4, 2020 Filing 84 MEMORANDUM of Law Regarding the Scope of the Receiver's Activities Pursuant to the Current TRO by Joseph Cole Barleta, Complete Business Solutions Group, Inc., Full Spectrum Processing, Inc., L.M.E. 2017 Family Trust, Joseph W. LaForte, Lisa Mcelhone. (Attachments: #1 Exhibit, #2 Exhibit)(Hirschhorn, Joel)
August 4, 2020 Filing 83 NOTICE by Ryan K Stumphauzer re 74 Order,,, of Filing Interim Status Report of Receivership (Kolaya, Timothy)
August 4, 2020 Filing 82 MEMORANDUM of Law Defendant Dean Vagnozzi's Brief on Current Scope of Receivership and Asset Freeze Issues by Dean J Vagnozzi. (Paz, Alejandro)
August 4, 2020 Filing 81 NOTICE by Securities & Exchange Commission re 74 Order,,, Of Filing Fnancial Institutions to Which the Court's Order Was Sent And Amounts Frozen Pursuant to the Asset Freeze Order (Berlin, Amie)
August 4, 2020 Filing 80 MEMORANDUM of Law re 74 Order,,, in Response to the Court's Order Dated August 3, 2020 [ECF No. 74] by Michael C Furman. (Attachments: #1 Exhibit A, #2 Exhibit B)(Cox, Jeffrey)
August 4, 2020 Filing 79 MEMORANDUM in Support re 74 Order,,, Memorandum to the Court regarding Scope of the Receivership by Retirement Evolution Income Fund LLC, John Gissas, RE Income Fund 2, LLC, Retirement Evolution Group, LLC. (Kernisky, Allison)
August 4, 2020 Filing 78 WAIVER OF SERVICE Returned Executed by Securities & Exchange Commission. Retirement Evolution Income Fund LLC waiver sent on 8/3/2020, answer due 10/2/2020; John Gissas waiver sent on 8/3/2020, answer due 10/2/2020; RE Income Fund 2, LLC waiver sent on 8/3/2020, answer due 10/2/2020; Retirement Evolution Group, LLC waiver sent on 8/3/2020, answer due 10/2/2020. (Berlin, Amie)
August 4, 2020 Filing 77 WAIVER OF SERVICE Returned Executed by Securities & Exchange Commission. Lisa Mcelhone waiver sent on 8/3/2020, answer due 10/2/2020. (Berlin, Amie)
August 4, 2020 Filing 76 WAIVER OF SERVICE Returned Executed by Securities & Exchange Commission. Joseph W. LaForte waiver sent on 8/3/2020, answer due 10/2/2020. (Berlin, Amie)
August 4, 2020 Filing 75 WAIVER OF SERVICE Returned Executed by Securities & Exchange Commission. Perry S Abbonizio waiver sent on 8/3/2020, answer due 10/2/2020. (Berlin, Amie)
August 3, 2020 Opinion or Order Filing 74 PAPERLESS ORDER regarding Zoom hearing set for Tuesday, August 4, 2020 at 3:30 P.M. ("Hearing"). As discussed during the August 3, 2020 status conference, the Hearing will cover the current scope of the receivership and asset freeze ordered by the Court. See ECF Nos. #42 and #56 . Each defendant is granted leave to file a memorandum of no more than ten (10) pages regarding the current scope of the receivership and asset freeze by 12:00 P.M. on Tuesday, August 4, 2020. The receiver shall file an accounting of the assets that have been seized to date by 12:00 P.M. on Tuesday, August 4, 2020. Plaintiff shall file a list of the financial institutions to which Plaintiff sent the Court's Order directing an asset freeze, ECF No. #42 , as well as any responses Plaintiff has received from those institutions by 12:00 P.M. on Tuesday, August 4, 2020. Signed by Judge Rodolfo A. Ruiz, II on 8/3/2020. (as03)
August 3, 2020 Filing 73 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Telephonic Status Conference held on 8/3/2020. Attorney Appearance(s): All Counsel of Record, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov. (gp)
August 3, 2020 Opinion or Order Filing 72 PAPERLESS ORDER granting in part #63 Specially Appearing Defendant Dean Vaganozzi's Expedited Motion for Protective Order as to Deposition. As discussed at the August 3, 2020 telephonic hearing, Plaintiff's deposition of Dean Vaganozzi will take place on Wednesday, August 5, 2020 at 2 P.M. Signed by Judge Rodolfo A. Ruiz, II on 8/3/2020. (as03)
August 3, 2020 Filing 71 Agreed MOTION to Continue Hearing on Emergency Ex Parte Motion for Temporary Restraining Order and Other Relief re #42 Order on Motion for Temporary Restraining Order by Retirement Evolution Income Fund LLC, John Gissas, RE Income Fund 2, LLC, Retirement Evolution Group, LLC. Responses due by 8/17/2020 (Attachments: #1 Text of Proposed Order)(Kernisky, Allison)
August 3, 2020 Filing 70 NOTICE of Attorney Appearance by Adam Michael Foslid on behalf of Ryan K Stumphauzer. Attorney Adam Michael Foslid added to party Ryan K Stumphauzer(pty:rc). (Foslid, Adam)
August 3, 2020 Filing 69 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Telephonic Motion Hearing held on 8/3/2020 re #63 Specially Appearing Defendant Dean Vagnozzi's Expedited Motion for Protective Order as to Deposition. Attorney Appearance(s): Amie Riggle Berlin, Brett A. Berman, Joseph A. DeMaria, Chris Iaquinto, Alejandro Paz, Brian Paul Miller, Jeffrey L. Cox, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov. (gp)
August 3, 2020 Filing 68 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for James R. Froccaro Jr., Esquire. Filing Fee $ 200.00 Receipt # AFLSDC-13284646 by Joseph W. LaForte. Attorney Daniel Scott Fridman added to party Joseph W. LaForte(pty:dft). Responses due by 8/17/2020 (Attachments: #1 Text of Proposed Order proposed order)(Fridman, Daniel)
August 3, 2020 Filing 67 NOTICE by Securities & Exchange Commission re #63 EXPEDITED MOTION Protective Order Specially Appearing Defendant Dean Vagnozzi's Expedited Motion for Protective Order as to Deposition reflecting conferral offering to take the Deposition Tuesday or Wednesday, August 4 or 5, 2020 (Attachments: #1 Exhibit A - Correspondence) (Berlin, Amie)
August 3, 2020 Filing 66 NOTICE of Attorney Appearance by Jason Mays on behalf of Perry S Abbonizio. Attorney Jason Mays added to party Perry S Abbonizio(pty:dft). (Mays, Jason)
August 3, 2020 Filing 65 NOTICE of Attorney Appearance by Daniel Lawrence Rashbaum on behalf of Perry S Abbonizio. Attorney Daniel Lawrence Rashbaum added to party Perry S Abbonizio(pty:dft). (Rashbaum, Daniel)
August 2, 2020 Opinion or Order Filing 64 PAPERLESS ORDER setting telephonic hearing on Monday, August 3, 2020 at 9:30 A.M. regarding #63 Defendant Dean Vagnozzi's Expedited Motion for Protective Order as to Deposition. The parties are instructed to call 1-877-402-9753 by no later than 9:25 A.M. The access code is 9372453 and the password is 0918. The Court requires that the parties appear via a landline (i.e., not a cellular phone or a speaker phone) for clarity. Signed by Judge Rodolfo A. Ruiz, II on 8/2/2020. (as03)
August 2, 2020 Filing 63 EXPEDITED MOTION Protective Order Specially Appearing Defendant Dean Vagnozzi's Expedited Motion for Protective Order as to Deposition by Dean J Vagnozzi. (Paz, Alejandro)
August 2, 2020 Filing 62 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Alan S. Futerfas, Esq.. Filing Fee $ 200.00 Receipt # AFLSDC-13282174 by Lisa Mcelhone. Attorney Joel Hirschhorn added to party Lisa Mcelhone(pty:dft). Responses due by 8/17/2020 (Attachments: #1 Text of Proposed Order)(Hirschhorn, Joel)
August 2, 2020 Filing 61 NOTICE of Attorney Appearance by Joel Hirschhorn on behalf of L.M.E. 2017 Family Trust. Attorney Joel Hirschhorn added to party L.M.E. 2017 Family Trust(pty:dft). (Hirschhorn, Joel)
August 2, 2020 Filing 60 NOTICE of Attorney Appearance by Jeffrey L. Cox on behalf of Michael C Furman. Attorney Jeffrey L. Cox added to party Michael C Furman(pty:dft). (Cox, Jeffrey)
July 31, 2020 Filing 59 NOTICE of Attorney Appearance by Jeffrey David Marcus on behalf of Perry S Abbonizio. Attorney Jeffrey David Marcus added to party Perry S Abbonizio(pty:dft). (Marcus, Jeffrey)
July 31, 2020 Opinion or Order Filing 58 PAPERLESS ORDER granting #51 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for attorney Gaetan J. Alfano. Signed by Judge Rodolfo A. Ruiz, II on 7/31/2020. (as03)
July 31, 2020 Opinion or Order Filing 57 PAPERLESS ORDER granting #52 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for attorney Douglas K. Rosenblum. Signed by Judge Rodolfo A. Ruiz, II on 7/31/2020. (as03)
July 31, 2020 Opinion or Order Filing 56 ORDER GRANTING #48 PLAINTIFF'S URGENT MOTION TO AMEND ORDER APPOINTING RECEIVER TO INCLUDE LITIGATION INJUNCTION. Signed by Judge Rodolfo A. Ruiz, II on 7/31/2020. See attached document for full details. (as03)
July 31, 2020 Filing 55 Clerk's Notice of Compliance re #54 Order on Motion to Unseal Case (cbr)
July 31, 2020 Opinion or Order Filing 54 ORDER granting #47 Motion to Unseal Case. Signed by Judge Rodolfo A. Ruiz, II on 7/30/2020. See attached document for full details. (cbr)
July 31, 2020 Filing 53 NOTICE of Attorney Appearance by Allison Beth Kernisky, Daniel I. Small on behalf of Retirement Evolution Income Fund LLC, John Gissas, RE Income Fund 2, LLC, Retirement Evolution Group, LLC. Attorney Allison Beth Kernisky added to party Retirement Evolution Income Fund LLC(pty:dft), Attorney Daniel I. Small added to party Retirement Evolution Income Fund LLC(pty:dft), Attorney Allison Beth Kernisky added to party John Gissas(pty:dft), Attorney Daniel I. Small added to party John Gissas(pty:dft), Attorney Allison Beth Kernisky added to party RE Income Fund 2, LLC(pty:dft), Attorney Daniel I. Small added to party RE Income Fund 2, LLC(pty:dft), Attorney Allison Beth Kernisky added to party Retirement Evolution Group, LLC(pty:dft), Attorney Daniel I. Small added to party Retirement Evolution Group, LLC(pty:dft). (cbr)
July 31, 2020 Filing 52 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Douglas K. Rosenblum. Filing Fee $ 200.00 Receipt # FLS100212780 by Ryan K Stumphauzer. Responses due by 8/14/2020 (Attachments: #1 Text of Proposed Order)(cbr)
July 31, 2020 Filing 51 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Gaetan J. Alfano. Filing Fee $ 200.00 Receipt # FLS100212779 by Ryan K Stumphauzer. Responses due by 8/14/2020 (Attachments: #1 Text of Proposed Order)(cbr)
July 31, 2020 Filing 50 Notice of Appearance and Request for Service by Timothy A. Kolaya (cbr)
July 31, 2020 Filing 49 Notice of Appearance and Request for Service by Ryan K. Stumphauzer (cbr)
July 31, 2020 Filing 48 Plaintiff Securities and Exchange Commission's Urgent Motion to Amend Order Appointing Receiver to Include Litigation Injunction by Securities & Exchange Commission. Responses due by 8/14/2020 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(cbr)
July 30, 2020 Filing 47 MOTION to Unseal by Securities & Exchange Commission. Responses due by 8/13/2020 (Attachments: #1 Text of Proposed Order)(nc)
July 30, 2020 Filing 46 NOTICE of Attorney Appearance by Alejandro Paz on behalf of Dean J Vagnozzi. Attorney Alejandro Paz added to party Dean J Vagnozzi(pty:dft). (Attachments: #1 Notice of Conventional Filing) (cbr)
July 30, 2020 Filing 45 NOTICE of Attorney Appearance by Brian Paul Miller on behalf of Dean J Vagnozzi. Attorney Brian Paul Miller added to party Dean J Vagnozzi(pty:dft). (Attachments: #1 Notice of Conventional Filing) (cbr)
July 29, 2020 Opinion or Order Filing 44 PAPERLESS ORDER granting #37 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for attorney Brett Berman. Signed by Judge Rodolfo A. Ruiz, II on 7/29/2020. (as03)
July 29, 2020 Set Hearings: Show Cause Hearing set via Zoom for 8/4/2020 03:30 PM before Judge Rodolfo A. Ruiz II. Telephonic Status Conference set for 8/3/2020 04:15 PM before Judge Rodolfo A. Ruiz II. The parties are instructed to call 1-877-402-9753 by no later than 4:10 P.M. The access code is 9372453 and the password is 0918. The Court requires that the parties appear via a landline (i.e., not a cellular phone or a speaker phone) for clarity. Per ECF No. #42 Order. (gp)
July 28, 2020 Filing 43 Defendant's Response to Plaintiff's ExParte Motions for Appointment of A Receiver and for an Asset Freeze by Joseph Cole Barleta, Complete Business Solutions Group, Inc., Full Spectrum Processing, Inc., L.M.E. 2017 Family Trust, Joseph W. LaForte, Lisa Mcelhone. (cbr)
July 28, 2020 Opinion or Order Filing 42 ORDER granting #14 Motion for Temporary Restraining Order. Signed by Judge Rodolfo A. Ruiz, II on 7/28/2020. See attached document for full details. (as03)
July 28, 2020 Filing 41 Plaintiff's Missing Exhibits in Support of its Emergency Ex Parte by Securities & Exchange Commission (Attachments: #1 Ex.5 , #2 Ex. 10, #3 Ex.11, #4 Ex.15, #5 Ex. 16 (dj) (Additional attachment(s) added on 7/28/2020: #6 Ex. 21 (cbr). (Additional attachment(s) added on 7/30/2020: #7 Ex 20, #8 Ex. 23, #9 Ex.24, #10 Ex.25, #11 Ex.26, #12 Ex.40, #13 Ex.47, #14 Ex.48, #15 Ex.49, #16 Ex.50, #17 Ex.51, #18 Ex.52, #19 Ex.54, #20 Ex.56, #21 Ex.58, #22 Ex.62, #23 Ex.64, #24 Ex.75, #25 Ex.109, #26 Ex.127, #27 Ex.128-1118_2019-12-20- Video, #28 Ex.131, #29 Ex.132, #30 Ex.133-Furman_Call, #31 Ex.134, #32 Ex.135, #33 Ex.143, #34 ex.145, #35 Ex.149, #36 Ex.151, #37 Ex.159-1, #38 Ex.159-2, #39 Ex.166) (cbr). (Additional attachment(s) added on 7/30/2020: #40 Ex-157) (cbr). Text Modified on 7/31/2020 (cbr).
July 28, 2020 Filing 40 NOTICE of Filing Missing Exhibits to Emergency Ex Parte Motion for Temporary Restraining Order, Asset Freeze and Other Relief by Securities & Exchange Commission (dj)
July 28, 2020 Opinion or Order Filing 39 PAPERLESS ORDER granting #38 PLAINTIFF SECURITIES AND EXCHANGE COMMISSION'S UNOPPOSED MOTION FOR 90-MINUTE ENLARGEMENT OF TIME FOR ALL PARTIES. Plaintiffs deadline to provide a redacted version of its Motion for a Temporary Restraining Order #14 to Defendants is extended to Tuesday, July 28, at 10:30 A.M. Defendants shall file their responses to the redacted Motion by Tuesday, July 28, 2020 at 4:30 P.M. No reply will be permitted. Signed by Judge Rodolfo A. Ruiz, II on 7/28/2020. (as03)
July 28, 2020 Filing 38 MOTION for Extension of Time Plaintiff Securities and Exchange Commission's Unopposed Motion for 90 Minute Enlargement of Time for All Parties by Securities & Exchange Commission. Responses due by 8/11/2020 (Attachments: #1 Text of Proposed Order)(cbr)
July 28, 2020 Filing 37 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Brett Berman. Filing Fee $ 200.00 Receipt # FLS100212421 by Complete Business Solutions Group, Inc., Full Spectrum Processing, Inc., L.M.E. 2017 Family Trust, Joseph W. LaForte, Lisa Mcelhone. Responses due by 8/11/2020 (Attachments: #1 Text of Proposed Order)(cbr)
July 27, 2020 SYSTEM ENTRY - Docket Entry 32 [notice] restricted/sealed until further notice. (cbr)
July 27, 2020 Opinion or Order Filing 36 ORDER GRANTING #4 PLAINTIFF SECURITIES AND EXCHANGE COMMISSION'S MOTION FOR APPOINTMENT OF RECEIVER. Signed by Judge Rodolfo A. Ruiz, II on 7/27/2020. See attached document for full details. (as03)
July 27, 2020 Filing 35 NOTICE of Filing Exhibits (Exhibit 158-ABPF April 6 2020 Zoom Call) by Securities & Exchange Commission re #14 MOTION for Temporary Restraining Order (Attachments: #1 Exhibit 160-Sec Order ABFP Vagnozzi, #2 Exhibit 161-Gissas-SFL Investors Declaration V Jacqmein, #3 Exhibit 162-Re Income Fund2 PPM, #4 Exhibit 163-PADOBSBbel Rutledge 2-15-18, #5 Exhibit 164-DV email to agents, #6 Exhibit 165-ABPF Income Fund LLP PPM, #7 Exhibit 167-UCC Lien Filings) (mc)
July 27, 2020 Filing 34 NOTICE of Filing (Exhibit 150) by Securities & Exchange Commission re #14 MOTION for Temporary Restraining Order (Attachments: #1 Exhibit 152, #2 Exhibit 153, #3 Exhibit 154, #4 Exhibit 155, #5 Exhibit 156) (mc) Text Modified on 7/31/2020 (cbr).
July 27, 2020 Filing 33 NOTICE of Filing Exhibits (Exhibit 136) by Securities & Exchange Commission re #14 MOTION for Temporary Restraining Order (Attachments: #1 Exhibit 137, #2 Exhibit 138, #3 Exhibit 139, #4 Exhibit 140, #5 Exhibit 141, #6 Exhibit 142, #7 Exhibit 144, #8 Exhibit 145, #9 Exhibit 146, #10 Exhibit 147, #11 Exhibit 148) (mc)Text Modified on 7/31/2020 (cbr).
July 27, 2020 Filing 31 NOTICE of Filing Exhibits (Exhibit 110) by Securities & Exchange Commission re #14 MOTION for Temporary Restraining Order (Attachments: #1 Exhibit 111, #2 Exhibit 112, #3 Exhibit 113, #4 Exhibit 114, #5 Exhibit 115, #6 Exhibit 116 #7 Exhibit 117, #8 Exhibit 118, #9 Exhibit 119, #10 Exhibit 120, #11 Exhibit 121, #12 Exhibit 122, #13 Exhibit 123, #14 Exhibit 124, #15 Exhibit 125) (mc) Modified text on 7/31/2020 (mc).
July 27, 2020 Filing 30 NOTICE of Filing Exhibits (Exhibit 101-Declaration of Ronald Lipowski) by Securities & Exchange Commission re #14 MOTION for Temporary Restraining Order (Attachments: #1 Exhibit 102-Declaration of Joe Pucci, #2 Exhibit 103-Declaration of Marc Reikes, #3 Exhibit 104-Declaration of Steven Weinkranz, #4 Exhibit 105-Declaration of Sean Whalen, #5 Exhibit 106-Declaration of Gianna Wolfe, #6 Exhibit 107-Par Funding Corp Records, #7 Exhibit 108-12-31-2018 email cole actum re nj pa) (mc)
July 27, 2020 Filing 29 NOTICE of Filing Exhibits (Exhibit 91-Declaration of July Caricato) by Securities & Exchange Commission re #14 MOTION for Temporary Restraining Order (Attachments: #1 Exhibit 92-Declaration of Mary Carleton, #2 Exhibit 93-Declaration of Pamela Fleetwood, #3 Exhibit 94-Declaration of Robert Fleetwood, #4 Exhibit 95-Declaraton of J.R. Harrison, #5 Exhibit 96-Declaration of Eric Husebo, #6 Exhibit 97-Declaration of Amos Jones, #7 Exhibit 98-Declaration of Looniese Jones, #8 Exhibit 99-Declaration of Julie Katz, #9 Exhibit 100-Declaration of Bruce McNider) (mc)
July 27, 2020 Filing 28 NOTICE of Filing Exhibits (Exhibit 75-Form D 2019 Complete Business) by Securities & Exchange Commission re #14 MOTION for Temporary Restraining Order (Attachments: #1 Exhibit 76-Declartion of Charles S. Lunden, #2 Exhibit 77-PADOBS Dec-CBSG Subpoena, #3 Exhibit 78-PADOBS Dec-CBSG Finders Fee Agreement, #4 Exhibit 79-PADOBS Dec-CBSG Investors Finder Chart, #5 Exhibit 80-abfp starts otherfunds, #6 Exhibit 81-Joseph Laforte Linkedin Page, #7 Exhibit 82-LaForte Twitter Page, #8 Exhibit 83-LaForte Forbes Profile, #9 Exhibit 84-LaForte Articles Posted, #10 Exhibit 85-Declaratin of Chad Frost, #11 Exhibit 86-Declaration of Jim Frost, #12 Exhibit 87-Fidelis and United Fidelis Corporation, #13 Exhibit 88-PADOBSBbel Rutledge 2-15-18, #14 Exhibit 89-PADOBS Dec CBSG Security Agreement Part 1, #15 Exhibit 89-PADOBS Dec CBSG Security Agreement Part 2, #16 Exhibit 90-Declaration of Jeramy Heitz) (mc)
July 27, 2020 Filing 27 NOTICE of Filing Exhibits (Exhibit 58-Retirement Evolution Income Fund KKC) by Securities & Exchange Commission re #14 MOTION for Temporary Restraining Order (Attachments: #1 Exhibit 59-Re Income Fund PPM, #2 Exhibit 60-Feb 2018 Vag email with Abbs Declartion Victoria Jacqmein, #3 Exhibit 61-FFP MCA Fidelis Fund Client PPM, #4 Exhibit 63-Intentionally Omitted, #5 Exhibit 64-Form D Fidelis Financial Planning, #6 Exhibit 65-Declaration of Ray Andjich-Michael Furman CPA Verify, #7 Exhibit 66-Je Foret Declaration of Michael Furman, #8 Exhibit 70-Declaration of Ray Andjich-Par Funding, #9 Exhibit 71-Par Funding Note-Jack Terzi, #10 Exhibit 72-Intentionally Omitted, #11 Exhibit 73-Declaration of Ray Andjich, #12 Exhibit 74-Dclaration of Crystal Ivory) (mc)
July 27, 2020 Filing 26 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Telephonic Status Conference held on 7/27/2020. Attorney Appearance(s): Joseph A. DeMaria, Robert F. Elgidely, Brett Berman, Amie Riggle Berlin, Court Reporter: Dawn Savino, 305-523-5598 / Dawn_Savino@flsd.uscourts.gov. (gp)
July 27, 2020 Opinion or Order Filing 25 PAPERLESS ORDER regarding #14 Securities and Exchange Commission's Emergency Ex Parte Motion for Temporary Restraining Order and Other Relief ("Motion"). By Tuesday, July 28, 2020 at 9:00 A.M., Plaintiff shall provide a redacted version of the Motion via email to the attorneys who have appeared on behalf of Defendants. Defendants shall file their responses to the redacted Motion by Tuesday, July 28, 2020 at 3:00 P.M.. No reply will be permitted. Signed by Judge Rodolfo A. Ruiz, II on 7/27/2020. (as03)
July 27, 2020 Filing 24 NOTICE of Filing Exhibits (Exhibit 50-ABFP Income Fund2LP Form D) by Securities & Exchange Commission re #14 MOTION for Temporary Restraining Order (Attachments: #1 Exhibit 51-Form D Re Income Fund2, #2 Exhibit 52-ABPF Income Fund LLC Form D, #3 Exhibit 53-PADOBS Dec-Finder Agreement Part-1, #4 Exhibit 53-PADOBS Dec-Finder Agreement Part-2, #5 Exhibit 54-Retirement Evolution LLC Form D, #6 Exhibit 55-ABFP Income Fund2 PPM-V. Jacqmein Declaration, #7 Exhibit 56-Form D ABFP Income Fund2 LLC, #8 Exhibit 57-Pa Banking Dept Cert. Order re Dean J. Vagnozzi) (mc) Modified text on 7/27/2020 (mc).
July 27, 2020 Filing 23 NOTICE of Filing Exhibits (Exhibit 37-Texas State Board Secs-CD Order) by Securities & Exchange Commission re #14 MOTION for Temporary Restraining Order (Attachments: #1 Exhibit 38-Updated ABFP Income Fund Investors-Declaration V. Jacqmein, #2 Exhibit 39-DE Certified Records for ABFP Investment Fund, #3 Exhibit 41-2018-04-24 ABFP Fidelis Planning Declartion V. Jacqmein, #4 Exhibit 42-Declaration of Jeramy Heintz, #5 Exhibit 43-Declaration of V Jacqmein Parfunding website, #6 Exhibit 44-Declaration of Michael Foti, #7 Exhibit 45-Pa Cert. State abetterfinancialplan.com LLC, #8 Exhibit 46-Declaration of V Jacqumein-abetterfinancialplanning.com website) (mc) Modified text on 7/27/2020 (mc).
July 27, 2020 Filing 22 NOTICE of Filing Exhibits (Exhibit 22-Jed Foret Declaration of Perry Abbonizio) by Securities & Exchange Commission re #14 MOTION for Temporary Restraining Order (Attachments: #1 Exhibit 27-Declaration of Christine Rainwater, #2 Exhibit 28-Declaration of Michael Rago, #3 Exhibit 29-Pa-Cert. State ABetter Financial Plan Capital Management LLC, #4 Exhibit 30-Pa-Cert. State abetterfinancialplan.com LLC, #5 Exhibit 31-NY v. Joseph W. Laforte (Nassau County Crim Crt-928BN06, #6 Exhibit 32-Laforte FINRA Certified CRD, #7 Exhibit 33-US v. Joseph LaForte Certified Criminal Plea, #8 Exhibit 34-US v. Joseph LaForte Certified Copy of Judgment-JND Criminal, #9 Exhibit 35-Declaration of Ray Andjich-BOP Inmate locator, #10 Exhibit 36-Abbonizio FINRA Certified CRD) (mc) Modified text on 7/27/2020 (mc).
July 27, 2020 Filing 21 NOTICE of Filing Exhibits (Exhibit 12-Lisa McElhone-CEO and President Parfunding) by Securities & Exchange Commission re #14 MOTION for Temporary Restraining Order (Attachments: #1 Exhibit 13-Declaration of Melisa Davis, #2 Exhibit 14-Oregon Secs Certified Final Order re Lisa McEhone, #3 Exhibit 17-Josphe LaFonte, #4 Exhibit 18-Declaration of Kara DiPietro, #5 Exhibit 19-Declaration of Michael Foti) (mc) Modified text on 7/27/2020 (mc).
July 27, 2020 Filing 20 NOTICE of Filing Exhibits (Exhibit 1-Pa-Cert.State-Full Spectrum Processing 7-7-20) by Securities & Exchange Commission re #14 MOTION for Temporary Restraining Order (Attachments: #1 Exhibit 2-Joseph LaForte 3-5-20 Transcript, #2 Exhibit 3-Joseph Lewis Cole Barlet 6-30-20 Transcript, #3 Exhibit 4-Joseph Lewis Cole Barleta 2-11-20, #4 Exhibit 6-State Complete Business Solutions Group Inc., #5 Exhibit 7-PA Par Funding Fictitious Name Filing, #6 Exhibit 8-Nov 28-2018 PA Consent CBSG, #7 Exhibit 9-December 2018 NJ Order Against CBSG) (mc) Modified text on 7/27/2020 (mc).
July 27, 2020 Filing 19 Defendants' Emergency /Expedited Preliminary Response to Motion re #14 MOTION for Temporary Restraining Order filed by Joseph Cole Barleta, Complete Business Solutions Group, Inc., Full Spectrum Processing, Inc., L.M.E. 2017 Family Trust, Joseph W. LaForte, Lisa Mcelhone. Replies due by 8/3/2020. (cbr)
July 27, 2020 Filing 18 NOTICE of Attorney Appearance by Alex Louis Braunstein on behalf of Joseph Cole Barleta, Complete Business Solutions Group, Inc., Full Spectrum Processing, Inc., L.M.E. 2017 Family Trust, Joseph W. LaForte, Lisa Mcelhone. Attorney Alex Louis Braunstein added to party Joseph Cole Barleta(pty:dft), Attorney Alex Louis Braunstein added to party Complete Business Solutions Group, Inc.(pty:dft), Attorney Alex Louis Braunstein added to party Full Spectrum Processing, Inc.(pty:dft), Attorney Alex Louis Braunstein added to party L.M.E. 2017 Family Trust(pty:dft), Attorney Alex Louis Braunstein added to party Joseph W. LaForte(pty:dft), Attorney Alex Louis Braunstein added to party Lisa Mcelhone(pty:dft). (cbr)
July 27, 2020 Filing 17 NOTICE of Attorney Appearance by Robert F. Elgidely on behalf of Joseph Cole Barleta, Complete Business Solutions Group, Inc., Full Spectrum Processing, Inc., L.M.E. 2017 Family Trust, Joseph W. LaForte, Lisa Mcelhone. Attorney Robert F. Elgidely added to party Joseph Cole Barleta(pty:dft), Attorney Robert F. Elgidely added to party Complete Business Solutions Group, Inc.(pty:dft), Attorney Robert F. Elgidely added to party Full Spectrum Processing, Inc.(pty:dft), Attorney Robert F. Elgidely added to party L.M.E. 2017 Family Trust(pty:dft), Attorney Robert F. Elgidely added to party Joseph W. LaForte(pty:dft), Attorney Robert F. Elgidely added to party Lisa Mcelhone(pty:dft). (cbr)
July 27, 2020 Filing 16 NOTICE of Attorney Appearance by Joseph A. DeMaria on behalf of Joseph Cole Barleta, Complete Business Solutions Group, Inc., Full Spectrum Processing, Inc., L.M.E. 2017 Family Trust, Joseph W. LaForte, Lisa Mcelhone. Attorney Joseph A. DeMaria added to party Joseph Cole Barleta(pty:dft), Attorney Joseph A. DeMaria added to party Complete Business Solutions Group, Inc.(pty:dft), Attorney Joseph A. DeMaria added to party Full Spectrum Processing, Inc.(pty:dft), Attorney Joseph A. DeMaria added to party L.M.E. 2017 Family Trust(pty:dft), Attorney Joseph A. DeMaria added to party Joseph W. LaForte(pty:dft), Attorney Joseph A. DeMaria added to party Lisa Mcelhone(pty:dft). (cbr)
July 27, 2020 Opinion or Order Filing 15 PAPERLESS ORDER SETTING TELEPHONIC STATUS CONFERENCE for Monday, July 27, 2020 at 3:00 P.M.. The parties are instructed to call 1-877-402-9753 by no later than 2:55 P.M. The access code is 9372453 and the password is 0918. The Court requires that the parties appear via a landline (i.e., not a cellular phone or a speaker phone) for clarity. Signed by Judge Rodolfo A. Ruiz, II on 7/27/2020. (as03)
July 27, 2020 Filing 14 EMERGENCY EX PARTE MOTION for Temporary Restraining Order and Other Relief by Securities & Exchange Commission. Responses due by 8/10/2020 (Attachments: #1 Text of Proposed Order)(mc)
July 27, 2020 Filing 12 Summons Issued as to Retirement Evolution Income Fund LLC. (mc)
July 25, 2020 Opinion or Order Filing 11 ORDER GRANTING #6 MOTION TO FILE IN EXCESS OF PAGE LIMITS. Signed by Judge Rodolfo A. Ruiz, II on 7/24/2020. See attached document for full details. (as03)
July 25, 2020 Opinion or Order Filing 10 ORDER GRANTING #3 MOTION TO FILE UNDER SEAL. Signed by Judge Rodolfo A. Ruiz, II on 7/24/2020. See attached document for full details. (as03)
July 24, 2020 Filing 13 Plaintiff Securities and Exchange Commission Notice of Filing Exhibits to Emergency ExParte Motion for Temporary Restraining Order and Other Relief by Securities & Exchange Commission (cbr)
July 24, 2020 Filing 9 Clerks Notice to Filer re: Summons(es) cannot be issued for Re Income Fund, LLC. The party on the summons does not match the initiating documents (mc)
July 24, 2020 Filing 8 Summons Issued as to ABPF Income Fund 2, L.P., ABPF Income Fund, LLC, ABPF Management Company, LLC, ABetterFinancialPlan.com LLC, Perry S Abbonizio, Joseph Cole Barleta, Complete Business Solutions Group, Inc., Fidelis Financial Planning LLC, Full Spectrum Processing, Inc., Michael C Furman, John Gissas, L.M.E. 2017 Family Trust, Joseph W. LaForte, Lisa Mcelhone, RE Income Fund 2, LLC, Retirement Evolution Group, LLC, United Fidelis Group Corp., Dean J Vagnozzi. (mc)
July 24, 2020 Filing 7 Clerks Notice of Docket Correction. Incorrect District Judge Selected; Corrected by the Clerk. (mc)
July 24, 2020 Filing 6 MOTION to File Motion for Emergency Relief in Excess of Page Limits by Securities & Exchange Commission. (Attachments: #1 Text of Proposed Order)(mc)
July 24, 2020 Filing 5 CERTIFICATE pursuant to Rule 65(b) by Securities & Exchange Commission (mc)
July 24, 2020 Filing 4 MOTION for Appointment of Receiver and Memorandum of Law by Securities & Exchange Commission. Responses due by 8/7/2020 (Attachments: #1 Exhibit, #2 Text of Proposed Order)(mc)
July 24, 2020 Filing 3 MOTION to File Under Seal by Securities & Exchange Commission. (Attachments: #1 Text of Proposed Order)(mc)
July 24, 2020 Filing 2 Clerks Notice of Judge Assignment to Judge Rodolfo A. Ruiz. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Bruce E. Reinhart 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. (mc)
July 24, 2020 Filing 1 COMPLAINT For Injuncttive and Other Relief against All Defendants. Filing fees $ 400.00. USA Filer - No Filing Fee Required, filed by Securities & Exchange Commission. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Berlin, Amie)

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Search for this case: Securities & Exchange Commission v. Complete Business Solutions Group, Inc. et al
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Defendant: Retirement Evolution Income Fund LLC
Represented By: Allison Beth Kernisky
Represented By: Daniel I. Small
Represented By: Chad M Vanderhoef
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Defendant: Joseph W. LaForte
Represented By: Brett A. Berman
Represented By: Joseph A. DeMaria
Represented By: Alex Louis Braunstein
Represented By: Robert F. Elgidely
Represented By: James R. Froccaro
Represented By: Daniel Scott Fridman
Represented By: Joel Hirschhorn
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Defendant: ABPF Management Company, LLC
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Defendant: Joseph Cole Barleta
Represented By: Brett A. Berman
Represented By: Joseph A. DeMaria
Represented By: Alex Louis Braunstein
Represented By: Robert F. Elgidely
Represented By: Bettina Schein
Represented By: Andre G. Raikhelson
Represented By: Joel Hirschhorn
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Defendant: John Gissas
Represented By: Allison Beth Kernisky
Represented By: Daniel I. Small
Represented By: Chad M Vanderhoef
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Defendant: ABetterFinancialPlan.com LLC doing business as Better Financial Plan
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Defendant: RE Income Fund 2, LLC
Represented By: Allison Beth Kernisky
Represented By: Daniel I. Small
Represented By: Chad M Vanderhoef
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Defendant: Joe Macki
Represented By: Brett A. Berman
Represented By: Joseph A. DeMaria
Represented By: Alex Louis Braunstein
Represented By: Robert F. Elgidely
Represented By: James R. Froccaro
Represented By: Daniel Scott Fridman
Represented By: Joel Hirschhorn
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Defendant: Retirement Evolution Group, LLC
Represented By: Allison Beth Kernisky
Represented By: Daniel I. Small
Represented By: Chad M Vanderhoef
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Defendant: L.M.E. 2017 Family Trust
Represented By: Brett A. Berman
Represented By: Joseph A. DeMaria
Represented By: Alex Louis Braunstein
Represented By: Robert F. Elgidely
Represented By: Daniel Scott Fridman
Represented By: Joel Hirschhorn
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Defendant: Lisa Mcelhone
Represented By: Brett A. Berman
Represented By: Joseph A. DeMaria
Represented By: Alex Louis Braunstein
Represented By: Robert F. Elgidely
Represented By: Alan S. Futerfas
Represented By: Joel Hirschhorn
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Defendant: ABPF Income Fund 2, L.P.
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Defendant: Full Spectrum Processing, Inc.
Represented By: Brett A. Berman
Represented By: Joseph A. DeMaria
Represented By: Alex Louis Braunstein
Represented By: Robert F. Elgidely
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Defendant: Fidelis Financial Planning LLC
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Defendant: Michael C Furman
Represented By: Jeffrey L. Cox
Represented By: Joshua Arnold Katz
Represented By: James D. Sallah
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Defendant: Joe Mack
Represented By: Brett A. Berman
Represented By: Joseph A. DeMaria
Represented By: Alex Louis Braunstein
Represented By: Robert F. Elgidely
Represented By: James R. Froccaro
Represented By: Daniel Scott Fridman
Represented By: Joel Hirschhorn
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Defendant: Re Income Fund, LLC
Represented By: Allison Beth Kernisky
Represented By: Daniel I. Small
Represented By: Chad M Vanderhoef
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Defendant: Joe McElhone
Represented By: Brett A. Berman
Represented By: Joseph A. DeMaria
Represented By: Alex Louis Braunstein
Represented By: Robert F. Elgidely
Represented By: James R. Froccaro
Represented By: Daniel Scott Fridman
Represented By: Joel Hirschhorn
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Defendant: Dean J Vagnozzi
Represented By: Alejandro Paz
Represented By: Brian Paul Miller
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Defendant: United Fidelis Group Corp.
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Defendant: Complete Business Solutions Group, Inc. doing business as Par Funding
Represented By: Brett A. Berman
Represented By: Joseph A. DeMaria
Represented By: Alex Louis Braunstein
Represented By: Robert F. Elgidely
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Defendant: Pillar Life Settlement Management Company, LLC
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Defendant: Perry S Abbonizio
Represented By: Jeffrey David Marcus
Represented By: Jason Mays
Represented By: Daniel Lawrence Rashbaum
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Defendant: Joe Cole
Represented By: Brett A. Berman
Represented By: Joseph A. DeMaria
Represented By: Alex Louis Braunstein
Represented By: Robert F. Elgidely
Represented By: Bettina Schein
Represented By: Andre G. Raikhelson
Represented By: Joel Hirschhorn
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Defendant: ABPF Income Fund, LLC
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Defendant: The LME 2017 Family Trust
Represented By: Daniel Scott Fridman
Represented By: Joel Hirschhorn
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Plaintiff: Securities & Exchange Commission
Represented By: Amie Riggle Berlin
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Intervenor plaintiff: Alan J. Candell
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