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, The LME 2017 Family Trust and Wilmington Savings Fund Society, FSB, not in its individual capacity but solely as Trustee for Invictus Residential Pooler Trust 3A
Intervenor Plaintiff: Alan J. Candell and Joseph Caputo
Consolidated Defendant: Fred A. Schwartz
Intervenor: Lead Funding II, LLC, River Bend Corporation, Pinetree Financial Corporation, Pinetree Partners Lending LLC and RH Indigo Trails LLP
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 U.S.C. ยง 0077
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on November 24, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 24, 2021 Opinion or Order Filing 1011 RESPONSE in Opposition re #916 MOTION to Expand the Receivership to Include the SEP IRA Account of Lisa M. McElhone re #141 Order filed by Lisa Mcelhone. Replies due by 12/1/2021. (Hirschhorn, Joel)
November 24, 2021 Opinion or Order Filing 1010 JUDGMENT OF PERMANENT INJUNCTION AND OTHER RELIEF AGAINST DEFENDANT JOSEPH W. LAFORTE. Signed by Judge Rodolfo A. Ruiz, II on 11/24/2021. See attached document for full details. (ob)
November 24, 2021 Opinion or Order Filing 1009 ORDER GRANTING PLAINTIFF'S UNOPPOSED MOTION FOR ENTRY OF JUDGMENT OF PERMANENT INJUNCTION AND OTHER RELIEF AGAINST DEFENDANT JOSEPH W. LAFORTE. Signed by Judge Rodolfo A. Ruiz, II on 11/24/2021. See attached document for full details. (ob)
November 24, 2021 Opinion or Order Filing 1008 JUDGMENT OF PERMANENT INJUNCTION AND OTHER RELIEF AGAINST DEFENDANT LISA MCELHONE. Signed by Judge Rodolfo A. Ruiz, II on 11/24/2021. See attached document for full details. (ob)
November 24, 2021 Opinion or Order Filing 1007 ORDER GRANTING PLAINTIFF'S UNOPPOSED MOTION FOR ENTRY OF JUDGMENT OF PERMANENT INJUNCTION AND OTHER RELIEF AGAINST DEFENDANT LISA MCELHONE. Signed by Judge Rodolfo A. Ruiz, II on 11/24/2021. See attached document for full details. (ob)
November 24, 2021 Opinion or Order Filing 1006 JUDGMENT OF PERMANENT INJUNCTION AND OTHER RELIEF AGAINST DEFENDANT DEAN J. VAGNOZZI. Signed by Judge Rodolfo A. Ruiz, II on 11/24/2021. See attached document for full details. (ob)
November 24, 2021 Opinion or Order Filing 1005 ORDER GRANTING PLAINTIFF'S UNOPPOSED MOTION FOR ENTRY OF JUDGMENT OF PERMANENT INJUNCTION AND OTHER RELIEF AGAINST DEFENDANT DEAN J. VAGNOZZI. Signed by Judge Rodolfo A. Ruiz, II on 11/24/2021. See attached document for full details. (ob)
November 24, 2021 Opinion or Order Filing 1004 NOTICE by Securities & Exchange Commission re #1003 Unopposed MOTION for Permanent Injunction Plaintiff's Unopposed Motion for Entry of Judgment of Permanent Injunction and Other Relief Against Defendant Joseph W. LaForte Plaintiff's Notice of Filing Corrected Consent to Unopposed Motion for Entry of Judgment of Permanent Injunction and Other Relief Against Defendant Joseph W. LaForte (Attachments: #1 Exhibit B. Consent) (Johnson, Alise)
November 24, 2021 Opinion or Order Filing 1003 Unopposed MOTION for Permanent Injunction Plaintiff's Unopposed Motion for Entry of Judgment of Permanent Injunction and Other Relief Against Defendant Joseph W. LaForte by Securities & Exchange Commission. (Attachments: #1 Exhibit A. Judgment, #2 Exhibit B. Consent)(Johnson, Alise)
November 24, 2021 Opinion or Order Filing 1002 Unopposed MOTION for Permanent Injunction Plaintiff's Unopposed Motion for Entry of Judgment of Permanent Injunction and Other Relief Against Defendant Lisa McElhone by Securities & Exchange Commission. (Attachments: #1 Exhibit A. Judgment, #2 Exhibit B. Consent)(Johnson, Alise)
November 24, 2021 Opinion or Order Filing 1001 Unopposed MOTION for Permanent Injunction Plaintiff's Unopposed Motion for Entry of Judgment of Permanend Injunction and Other Relief Against Defendant Dean J. Vagnozzi by Securities & Exchange Commission. (Attachments: #1 Exhibit A. Judgment, #2 Exhibit B. Consent)(Johnson, Alise)
November 23, 2021 Opinion or Order Filing 1000 PAPERLESS ORDER granting #998 Plaintiff Securities and Exchange Commission and Defendants' Joint Motion for Extension of Time to File Responses to Motions in Limine. All parties' responses to the Motions in Limine are due on or before Monday, November 29, 2021. Signed by Judge Rodolfo A. Ruiz, II on 11/23/2021. (ob)
November 23, 2021 Opinion or Order Filing 999 JUDGMENT AS TO DEFENDANT PERRY S. ABBONIZIO. Signed by Judge Rodolfo A. Ruiz, II on 11/23/2021. See attached document for full details. (ob)
November 23, 2021 Opinion or Order Filing 998 Joint MOTION for Extension of Time to File Response/Reply/Answer to File Responsees to Motions in Limine by Securities & Exchange Commission. (Attachments: #1 Text of Proposed Order)(Johnson, Alise)
November 23, 2021 Opinion or Order Filing 997 ORDER GRANTING PLAINTIFF'S UNOPPOSED MOTION FOR ENTRY OF JUDGMENT OF PERMANENT INJUNCTION AND OTHER RELIEF AGAINST DEFENDANT PERRY S. ABBONIZIO. Signed by Judge Rodolfo A. Ruiz, II on 11/23/2021. See attached document for full details. (ob)
November 23, 2021 Opinion or Order Filing 996 Unopposed MOTION for Permanent Injunction Unopposed Motion for Entry of Judgment of Permanent Injunction and Other Relief Against Defendant Perry S. Abbonizio by Securities & Exchange Commission. (Attachments: #1 Exhibit A Bifurcated Judgment, #2 Exhibit B. Consent)(Johnson, Alise)
November 19, 2021 Opinion or Order Filing 995 ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL. Signed by Judge Rodolfo A. Ruiz, II on 11/19/2021. See attached document for full details. (ob)
November 19, 2021 Opinion or Order Filing 994 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Zoom Status Conference held on 11/19/2021. Attorney Appearance(s): All Counsel of Record, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov. (gp)
November 19, 2021 Opinion or Order Filing 993 PAPERLESS ORDER granting #991 Defendants' Unopposed Joint Motion for Extension of Time to File Objections to Trial Exhibits and to Serve Deposition Designations. Defendants shall file their objections to the trial exhibit lists and serve deposition designations on or before November 22, 2021. Signed by Judge Rodolfo A. Ruiz, II on 11/19/2021. (ob)
November 19, 2021 Opinion or Order Filing 992 PAPERLESS ORDER granting Defendant Lisa McElhone's ore tenus Motion for an Extension of Time to file a Response in Opposition to #916 Receiver, Ryan K. Stumphauzer's Motion to Expand the Receivership to Include the SEP IRA Account of Lisa M. McElhone. Defendant's response is due on or before November 24, 2021. Signed by Judge Rodolfo A. Ruiz, II on 11/19/2021. (ob)
November 19, 2021 Opinion or Order Filing 991 Unopposed MOTION for Extension of Time to File Objections to Trial Exhibits and Serve Deposition Designations by Perry S Abbonizio, Joseph Cole Barleta, Joseph W. LaForte, Lisa Mcelhone, Dean J Vagnozzi. Responses due by 12/3/2021 (Attachments: #1 Text of Proposed Order Proposed Order)(Soto, Alejandro)
November 19, 2021 Opinion or Order Filing 990 ORDER GRANTING PLAINTIFF'S EXPEDITED MOTION TO PRECLUDE TRIAL TESTIMONY OF DEFENDANT LAFORTE. Signed by Judge Rodolfo A. Ruiz, II on 11/19/2021. See attached document for full details. (ob)
November 19, 2021 Opinion or Order Filing 989 Plaintiff's MOTION to Withdraw as Attorney and Notice of Reassignment and Withdrawal pursuant to Local Rule 11.1(d)(3)(B) by Robert Kent Levenson for / by Securities & Exchange Commission. Responses due by 12/3/2021 (Levenson, Robert)
November 19, 2021 Opinion or Order Filing 988 ORDER DENYING DEFENDANTS' JOINT MOTION FOR PARTIAL SUMMARY JUDGMENT. Signed by Judge Rodolfo A. Ruiz, II on 11/19/2021. See attached document for full details. (ob)
November 18, 2021 Opinion or Order Filing 987 RESPONSE in Opposition re #949 MOTION to Lift Litigation Injunction to Allow Commencement of Proceedings against Joseph LaForte and James LaForte re #141 Order filed by Joseph W. LaForte. Replies due by 11/29/2021. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Levine, Joshua)
November 18, 2021 Opinion or Order Filing 986 ORDER GRANTING PLAINTIFF'S MOTION TO ALLOW CERTAIN TRIAL WITNESSES TO APPEAR BY ZOOM (OR SIMILAR PLATFORM). Signed by Judge Rodolfo A. Ruiz, II on 11/18/2021. See attached document for full details. (ob)
November 18, 2021 Opinion or Order Filing 985 ORDER GRANTING DEFENDANT LISA MCELHONE'S MOTION TO AMEND ADMISSIONS. Signed by Judge Rodolfo A. Ruiz, II on 11/18/2021. See attached document for full details. (ob)
November 18, 2021 Opinion or Order Filing 984 PAPERLESS ORDER denying #983 Defendant Lisa McElhone's Motion for Leave to File a Reply to the SEC's Response to the Motion to Amend Admissions. Signed by Judge Rodolfo A. Ruiz, II on 11/18/2021. (ob)
November 18, 2021 Opinion or Order Filing 983 MOTION for Leave to File a Reply to the SEC's Response to Defendant's Motion to Amend Admissions by Lisa Mcelhone. (Attachments: #1 Exhibit Reply to the SEC's Response to Defendant's Motion to Amend Admissions)(Hirschhorn, Joel)
November 18, 2021 Opinion or Order Filing 982 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Status Conference held on 11/18/2021. Total time in court: 0 hour(s) : 10 minutes. (jgy)
November 18, 2021 Opinion or Order Filing 981 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Settlement Conference held on 11/18/2021 between the SEC and Defendant Mr. Cole Barleta. Case did not settle, but the parties are invited to reach out to Judge Reinhart's chambers should they need further assistance for settlement purposes. Total time in court: 1 hour(s) : 20 minutes. (jgy)
November 18, 2021 Opinion or Order Filing 980 REPLY to Response to Motion re #937 Plaintiff's EXPEDITED MOTION to Preclude Trial Testimony of Defendant LaForte and Memorandum in Support Plaintiff Securities and Exchange Commission's Reply to Defendant LaForte's Opposition to Expedited Motion to Preclude Trial Testimony filed by Securities & Exchange Commission. (Healey, Martin)
November 18, 2021 Opinion or Order Filing 979 NOTICE of Attorney Appearance by Martin F. Healey on behalf of Securities & Exchange Commission. Attorney Martin F. Healey added to party Securities & Exchange Commission(pty:pla). (Healey, Martin)
November 18, 2021 Opinion or Order Filing 978 Plaintiff's MOTION to Allow Certain Trial Witnesses to Appear by Zoom (or Similar Platform) by Securities & Exchange Commission. (Attachments: #1 Text of Proposed Order)(Johnson, Alise)
November 18, 2021 Opinion or Order Filing 977 PAPERLESS ORDER setting status conference via Zoom tomorrow November 19, 2021 at 4:00 P.M. The Zoom hearing can be accessed at # click here. The Meeting ID is 160 482 1786 and the Passcode is 023197. Signed by Judge Rodolfo A. Ruiz, II on 11/18/2021. (ob)
November 18, 2021 Opinion or Order Filing 976 CLERK'S NOTICE of Compliance re 969 Order on Motion for Miscellaneous Relief,, (dj)
November 18, 2021 Opinion or Order Filing 975 ORDER GRANTING RECEIVER'S FIFTH APPLICATION FOR ALLOWANCE AND PAYMENT OF PROFESSIONALS' FEES AND REIMBURSEMENT OF EXPENSES FOR JULY 1, 2021 - SEPTEMBER 30, 2021. Signed by Judge Rodolfo A. Ruiz, II on 11/18/2021. See attached document for full details. (ob)
November 18, 2021 Opinion or Order Filing 974 CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Alejandro Paz re #972 Notice of Change of Address, Email or Law Firm Name. Attorney Alejandro Paz has not completed the required procedures for updating their information with the Court. After filing something in all pending cases, Attorney is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. The Court is NOT responsible for updating secondary email addresses. See the Courts website for detailed instructions. #www.flsd.uscourts.gov/updating-your-information (pt)
November 18, 2021 Opinion or Order Filing 973 RESPONSE in Opposition re #914 MOTION to Amend/Correct Admissions filed by Securities & Exchange Commission. Replies due by 11/29/2021. (Berlin, Amie)
November 17, 2021 Opinion or Order Filing 972 NOTICE of Change of Address, Email or Law Firm Name by Alejandro Paz (Paz, Alejandro)
November 17, 2021 Opinion or Order Filing 971 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Status Conference held on 11/17/2021. Total time in court: 0 hour(s) : 40 minutes. (jgy)
November 17, 2021 Opinion or Order Filing 970 ORDER GRANTING IN PART MOTION TO INTERVENE AND FOR RELIEF FROM AMENDED ORDER APPOINTING RECEIVER. Signed by Judge Rodolfo A. Ruiz, II on 11/16/2021. See attached document for full details. (ob)
November 17, 2021 Opinion or Order Filing 969 PAPERLESS ORDER granting #968 Defendants' Motion to Remove Unredacted Exhibit from the Record and Replace with Redacted Exhibits ("Motion"). The Clerk is directed to replace ECF No. 966-4 with the redacted version of the same document, ECF No. 968-1. Further, the Court accepts Defendant Furman's redacted Witness List, ECF No. 968-2, and it is deemed FILED. The Clerk is directed to attach [968-2] as Exhibit G to the parties' #966 Joint Pre-Trial Stipulation. Signed by Judge Rodolfo A. Ruiz, II on 11/17/2021. (ob)
November 16, 2021 Opinion or Order Filing 968 MOTION to Remove Unredacted Exhibit from the Record [D.E. 966-4] and Replace with Redacted Exhibits by Defendants Lisa McElhone, Joseph W. LaForte, Joseph Cole Barleta, Dean J. Vagnozzi, Michael C. Furman, and by Perry S Abbonizio. (Attachments: #1 Exhibit D to Joint Pretrial Stipulation - Defendants' Witness List (redacted replacement version), #2 Exhibit G to Joint Pretrial Stipulation - Defendant Michael Furman's Witness List (redacted))(Mays, Jason)
November 16, 2021 Opinion or Order Filing 967 RESPONSE in Opposition re #937 Plaintiff's EXPEDITED MOTION to Preclude Trial Testimony of Defendant LaForte and Memorandum in Support filed by Joseph W. LaForte. Replies due by 11/23/2021. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Levine, Joshua)
November 16, 2021 Opinion or Order Filing 966 PRETRIAL STIPULATION JOINT by Securities and Exchange Commission, Lisa McElhone, Joseph W. LaForte, Joseph Cole Barleta, Dean J. Vagnozzi, Michael Furman, and by Perry S Abbonizio (Attachments: #1 Exhibit A - Plaintiff's Exhibit List, #2 Exhibit B - Defendants' Exhibit List, #3 Exhibit C - Plaintiff's Witness List, #4 Exhibit D - Defendants' Witness List, #5 Exhibit E - Proposed Jury Instructions, #6 Exhibit F - Proposed Verdict Form)(Marcus, Jeffrey) (Attachment 4 replaced on 11/18/2021) (dj). (Additional attachment(s) added on 11/18/2021: #7 Exhibit G) (dj).
November 16, 2021 Opinion or Order Filing 965 PAPERLESS ORDER regarding Status Conference re: settlement discussions between the SEC and Defendant Perry S. Abbonizio set for 11/18/2021 at 04:00 PM before Magistrate Judge Bruce E. Reinhart (see DE 941 ). The call will take place by Zoom instead of by phone. The parties are instructed to use the same zoom login information that was used for the original settlement conference. Only the SEC representatives and counsel for Mr. Abbonizio should attend. Signed by Magistrate Judge Bruce E. Reinhart on 11/16/2021. (jgy)
November 16, 2021 Opinion or Order Filing 964 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Status Conference held on 11/16/2021. Total time in court: 0 hour(s) : 12 minutes. (jgy)
November 16, 2021 Opinion or Order Filing 963 PAPERLESS ORDER denying #942 Non-Party John W. Pauciulo's Motion to Permit Testimony by Live Video Teleconference. After careful review, Mr. Pauciulo will be required to appear live. To the extent possible, the Court will accommodate any scheduling requests that Mr. Pauciulo may have. Signed by Judge Rodolfo A. Ruiz, II on 11/16/2021. (ob)
November 16, 2021 Opinion or Order Filing 962 REPLY to Response to Motion re #817 MOTION for Partial Summary Judgment filed by Securities & Exchange Commission. (Berlin, Amie)
November 16, 2021 Opinion or Order Filing 961 NOTICE by Securities & Exchange Commission re #895 Notice (Other) Notice of Filing Response to Defendants' Additional Facts (Attachments: #1 Response to Defendants' Additional Facts, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V) (Berlin, Amie)
November 16, 2021 Opinion or Order Filing 960 PAPERLESS ORDER granting #959 Plaintiff Securities and Exchange Commission's Motion for 2 Hour Enlargement of Time. Although the Court is fully aware of the purportedly extenuating circumstances that form the basis for this request for another extension of time, the Court also notes that this extension is yet another example of the SEC's repeated inability to meet deadlines in a timely fashion. The Court warns the SEC that it will not countenance the Commission's repeated practice of asking for extensions after deadlines have expired. Should the SEC fail to file a Reply by 2:00 P.M. today, the Court will consider the Motion for Summary Judgment #817 without the benefit of reply. Signed by Judge Rodolfo A. Ruiz, II on 11/16/2021. (ob)
November 16, 2021 Opinion or Order Filing 959 Plaintiff's MOTION for Extension of Time to file Summary Judgment Reply Brief by Securities & Exchange Commission. Responses due by 11/30/2021 (Attachments: #1 Text of Proposed Order)(Johnson, Alise)
November 16, 2021 Opinion or Order Filing 957 PAPERLESS ORDER requiring an expedited response from Defendant Joseph LaForte to #949 Receiver Ryan K. Stumphauzer's Motion to Lift the Litigation Injunction to Allow Commencement of Proceedings against Joseph LaForte and James LaForte. Defendant's response is due on or before November 18, 2021. Signed by Judge Rodolfo A. Ruiz, II on 11/16/2021. (ob)
November 16, 2021 Opinion or Order Filing 956 NOTICE by Ryan K Stumphauzer re #948 MOTION Receiver's Fifth Application for Allowance and Payment of Professionals' Fees and Reimbursement of Expenses for July 1, 2021 - September 30, 2021 (Kolaya, Timothy)
November 16, 2021 Opinion or Order Filing 955 PAPERLESS ORDER granting #950 Joint Motion for a One Day Extension of Time to File the Joint Pretrial Stipulation, Jury Instructions, Verdict Forms, Exhibit Lists, and Witness Lists. The aforementioned filings are due no later than 5:00 P.M., November 16, 2021. Signed by Judge Rodolfo A. Ruiz, II on 11/16/2021. (ob)
November 16, 2021 Opinion or Order Filing 954 PAPERLESS ORDER granting #951 Plaintiff Securities and Exchange Commission's Motion for a Brief Enlargement of Time. Plaintiff's Reply in Support of their Motion for Summary Judgment is due by 12:00 P.M., November 16, 2021. No additional enlargements of time will be considered by this Court. Signed by Judge Rodolfo A. Ruiz, II on 11/16/2021. (ob)
November 16, 2021 Opinion or Order Filing 953 Clerks Notice to Filer re #943 Motion to Withdraw as Attorney. Wrong Event Selected - Document is a Motion; ERROR - The Filer selected the wrong event. A motion event must always be selected when filing a motion. The correction was made by the Clerk. It is not necessary to refile this document. (drz)
November 16, 2021 Opinion or Order Filing 952 ORDER denying #803 Motion in Limine to Exclude Report and Opinion of Melissa Davis. Signed by Judge Rodolfo A. Ruiz, II on 11/15/2021. See attached document for full details. (gp)
November 15, 2021 Opinion or Order Filing 958 ORDER granting #943 Motion to Withdraw as Attorney. Mark Joseph Wolfson representing RH Indigo Trails LLP (Intervenor) withdrawn from case. Signed by Judge Rodolfo A. Ruiz, II on 11/15/2021. See attached document for full details. (drz)
November 15, 2021 Opinion or Order Filing 951 MOTION for Extension of Time to file MSJ Reply Filings until Noon on November 16 by Securities & Exchange Commission. Responses due by 11/29/2021 (Attachments: #1 Text of Proposed Order proposed order)(Berlin, Amie)
November 15, 2021 Opinion or Order Filing 950 Joint MOTION for Extension of Time to file the Joint Pretrial Stipulation, Jury Instructions, Verdict Forms, Exhibit Lists, and Witness Lists by Lisa Mcelhone. Responses due by 11/29/2021 (Hirschhorn, Joel)
November 15, 2021 Opinion or Order Filing 949 MOTION to Lift Litigation Injunction to Allow Commencement of Proceedings against Joseph LaForte and James LaForte re #141 Order by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Financial Analysis Report prepared by Bederson LLP, #2 Exhibit 2 - Redacted Emails between Joseph LaForte and Tzvi "Stephen" Odzer, #3 Exhibit 3 - Redacted Text Messages between Joseph LaForte and Tzvi "Stephen" Odzer, #4 Exhibit 4 - Redacted Text Messages between "Rhonda" and Joseph LaForte, #5 Exhibit 5 - Proposed Order)(Kolaya, Timothy)
November 15, 2021 Opinion or Order Filing 948 MOTION Receiver's Fifth Application for Allowance and Payment of Professionals' Fees and Reimbursement of Expenses for July 1, 2021 - September 30, 2021 by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Receiver's Certification, #2 Exhibit 2 - Summary of Total Compensation and Expenses Requested, #3 Exhibit 3(a) - Fee Schedule: Stumphauzer Foslid Sloman Ross & Kolaya, PLLC, #4 Exhibit 3(b) - Fee Schedule: Pietragallo Gordon Alfano Bosick & Raspanti, LLP, #5 Exhibit 3(c) - Fee Schedule: Development Specialists, Inc., #6 Exhibit 3(d) - Fee Schedule: Lawgical Insight, LLC, #7 Exhibit 3(e) - Fee Schedule: H.D. Investigative Group, LLC, #8 Exhibit 3(f) - Fee Schedule: Fox Rothschild, #9 Exhibit 4(a) - Time Records: Stumphauzer Foslid Sloman Ross & Kolaya, PLLC, #10 Exhibit 4(b) - Time Records: Pietragallo Gordon Alfano Bosick & Raspanti, LLP, #11 Exhibit 4(c) - Time Records: Development Specialists, Inc., #12 Exhibit 4(d) - Time Records: Lawgical Insight, LLC, #13 Exhibit 4(e) - Time Records: H.D. Investigative Group, LLC, #14 Exhibit 4(f) - Time Records: Fox Rothschild)(Kolaya, Timothy)
November 15, 2021 Opinion or Order Filing 947 REPLY to Response to Motion re #804 Joint MOTION for Partial Summary Judgment and Incorporated Memorandum of Law filed by Joseph Cole Barleta, Joseph W. LaForte, Lisa Mcelhone. (Soto, Alejandro)
November 15, 2021 Opinion or Order Filing 946 PAPERLESS ORDER requiring expedited response from Plaintiff Securities and Exchange Commission as to #914 Defendant Lisa McElhone's Motion to Amend Admissions. Plaintiff is ordered to respond on or before November 17, 2021. No replies shall be permitted. Signed by Judge Rodolfo A. Ruiz, II on 11/15/2021. (ob)
November 15, 2021 Opinion or Order Filing 945 PAPERLESS ORDER setting hearing for December 2, 2021 at 1:00 P.M. on #924 Defendant Perry Abbonizio's Omnibus Motion in Limine, #926 Defendants, Joseph W. LaForte, Lisa McElhone, and Joseph Cole Barleta's Omnibus Motion in Limine and Incorporated Memorandum of Law, #927 Defendant Vagnozzi's Motion in Limine, #929 Plaintiff Securities and Exchange Commission's Omnibus Motion in Limine and Memorandum in Support, and #932 Defendant, Michael C. Furman's Motion in Limine to Exclude Undercover Agent Testimony. The hearing will take place in person in Courtroom 205C at the U.S. Courthouse, 299 E. Broward Boulevard, Fort Lauderdale, Florida. Signed by Judge Rodolfo A. Ruiz, II on 11/15/2021. (ob)
November 15, 2021 Opinion or Order Filing 944 PAPERLESS ORDER denying #762 Motion of Fox Rothschild LLP to Strike SEC's Motion [ECF No. 757] for Order to Show Cause Why Defendant Lisa McElhone and her Former Counsel Should Not be Held in Contempt of Court and Incorporated Memorandum of Law as MOOT due to this Court's Order #757 granting #786 Plaintiff's Motion for Order to Withdraw ECF No. 757. Signed by Judge Rodolfo A. Ruiz, II on 11/15/2021. (ob)
November 15, 2021 Opinion or Order Filing 943 NOTICE OF WITHDRAWAL OF COUNSEL by RH Indigo Trails LLP of Withdrawal of Counsel (Wolfson, Mark) Modified on 11/16/2021 (drz).
November 15, 2021 Opinion or Order Filing 942 MOTION Permit Testimony by Live Video Teleconference by John Pauciulo. (Damian, Melanie)
November 15, 2021 Opinion or Order Filing 941 PAPERLESS Order setting Telephonic Status Conference regarding the settlement discussions between the SEC and Defendant Perry S. Abbonizio for 11/18/2021 at 04:00 PM before Magistrate Judge Bruce E. Reinhart. Only the SEC representatives and counsel for Mr. Abbonizio are required to attend. Counsel, parties, or members of the public can attend by using the following instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Counsel should dial in from a landline if possible; cellphone attendees, after noting appearance, and members of the public must remain on mute. Signed by Magistrate Judge Bruce E. Reinhart on 11/15/2021. (jgy)
November 15, 2021 Opinion or Order Filing 940 PAPERLESS Order setting Status Conference re: continued settlement conference between the SEC and Mr. Vagnozzi for 11/17/2021 at 11:00 AM via Zoom before Magistrate Judge Bruce E. Reinhart. The parties are instructed to use the SAME Zoom link as previously provided. Signed by Magistrate Judge Bruce E. Reinhart on 11/15/2021. (jgy)
November 12, 2021 Opinion or Order Filing 939 PAPERLESS ORDER requiring expedited responses by Defendants to #937 Plaintiff Securities and Exchange Commission's Expedited Motion to Preclude Trial Testimony of Defendant LaForte and Memorandum in Support on or before November 16, 2021. Any reply by the SEC is due on or before November 18, 2021. Signed by Judge Rodolfo A. Ruiz, II on 11/12/2021. (ob)
November 12, 2021 Opinion or Order Filing 938 RESPONSE to Motion re #845 MOTION to Intervene AND FOR RELIEF FROM THE AMENDED ORDER APPOINTING RECEIVER and Receiver's Motion to Lift the Litigation Injunction to Allow Commencement of Proceedings Involving Non-Judicial Sale of Property Located at 984 Bel Air Road, Los Angeles, CA 90077 filed by Ryan K Stumphauzer. Replies due by 11/19/2021. (Attachments: #1 Exhibit 1 - Order Converting Case to Chapter 7, #2 Exhibit 2 - Proposed Order)(Kolaya, Timothy)
November 12, 2021 Opinion or Order Filing 937 Plaintiff's EXPEDITED MOTION to Preclude Trial Testimony of Defendant LaForte and Memorandum in Support by Securities & Exchange Commission. (Attachments: #1 Exhibit A. LaForte Objections to Interrogatories, #2 Exhibit B. LaForte Response to RFP, #3 Exhibit C. RFP, #4 Exhibit D. LaForte Deposition Transcript, #5 Text of Proposed Order)(Berlin, Amie)
November 11, 2021 Opinion or Order Filing 936 PAPERLESS ORDER granting the parties' #935 Joint Motion for Additional Extension of Time to File Pretrial Stipulation, Jury Instructions, and Reply Briefs. The parties' Joint Pretrial Stipulations, Jury Instructions, and Reply Briefs in support of their Motions for Summary Judgment are due on or before November 15, 2021. Signed by Judge Rodolfo A. Ruiz, II on 11/11/2021. (ob)
November 11, 2021 Opinion or Order Filing 935 Joint MOTION for Extension of Time to file PTS and MSJ briefs by Securities & Exchange Commission. Responses due by 11/29/2021 (Attachments: #1 Text of Proposed Order proposed order)(Berlin, Amie)
November 11, 2021 Opinion or Order Filing 934 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Continued Settlement Conference re: Mr. Vagnozzi held on 11/10/2021. Total time in court: 25 minutes. (hk02)
November 10, 2021 Opinion or Order Filing 933 PAPERLESS ORDER granting #925 Joint Motion By Defendants Joseph Laforte, Lisa Mcelhone, Joseph Cole Barleta, Dean Vagnozzi, Perry Abbonizio, Michael Furman, and Plaintiff Securities And Exchange Commission To Extend Time To File The Joint Pretrial Stipulation and Other Deadlines By One Day. The Joint Pretrial Stipulation, Jury Instructions, and all parties' Replies in Support of Motions for Summary Judgment are due on November 11, 2021. Signed by Judge Rodolfo A. Ruiz, II on 11/10/2021. (ob)
November 10, 2021 Opinion or Order Filing 932 First MOTION in Limine To Exclude Testimony by Michael C Furman. (John, Elroy)
November 10, 2021 Opinion or Order Filing 931 PAPERLESS ORDER granting #928 Plaintiff Securities and Exchange Commission's Motion For Additional Pages On Motion In Limine. Plaintiff is permitted to exceed the page limit by four (4) pages. Signed by Judge Rodolfo A. Ruiz, II on 11/10/2021. (ob)
November 10, 2021 Opinion or Order Filing 930 NOTICE of Attorney Appearance by Elroy M John, Jr on behalf of Michael C Furman. Attorney Elroy M John, Jr added to party Michael C Furman(pty:dft). (John, Elroy)
November 10, 2021 Opinion or Order Filing 929 Plaintiff's MOTION in Limine and Memorandum in Support by Securities & Exchange Commission. (Attachments: #1 Exhibit A. Transcript Excerpt from City of Miami Motion in Limine Hearing, #2 Exhibit B. Depo Exhibit 88, #3 Exhibit C. Depo Exhibit 89, #4 Exhibit D. Glick Depo Excerpts, #5 Exhibit E. Email)(Johnson, Alise)
November 10, 2021 Opinion or Order Filing 928 Plaintiff's MOTION for Leave to File Excess Pages on Motion in Limine by Securities & Exchange Commission. (Attachments: #1 Text of Proposed Order)(Berlin, Amie)
November 10, 2021 Opinion or Order Filing 927 MOTION in Limine by Dean J Vagnozzi. (Miller, Brian)
November 10, 2021 Opinion or Order Filing 926 Defendant's MOTION in Limine by Joseph Cole Barleta, Joseph W. LaForte, Lisa Mcelhone. (Levine, Joshua)
November 10, 2021 Opinion or Order Filing 925 Joint MOTION for Extension of Time to file the Joint Pretrial Stipulation, the Jury Instructions and all parties Replies in Support of Motions for Summary Judgment by One Day by Perry S Abbonizio, Joseph Cole Barleta, Michael C Furman, Joseph W. LaForte, Lisa Mcelhone, Dean J Vagnozzi. Responses due by 11/24/2021 (Levine, Joshua)
November 10, 2021 Opinion or Order Filing 924 MOTION in Limine by Perry S Abbonizio. (Attachments: #1 Exhibit A - FINRA Letter of Acceptance, Waiver, and Consent, #2 Exhibit B - Abbonizio's Motion to Stay Texas Lawsuit, #3 Exhibit C - ALJ Order Staying Texas Lawsuit, #4 Exhibit D - Exchange Offer, #5 Exhibit E - Excerpt from Abbonizio Deposition)(Marcus, Jeffrey)
November 10, 2021 Opinion or Order Filing 923 PAPERLESS ORDER granting #922 Joint Motion for Extension of Time to File Objections to Trial Exhibits and Deposition Designations. All parties shall file objections to trial exhibits and deposition designations on or before November 19, 2021. Signed by Judge Rodolfo A. Ruiz, II on 11/10/2021. (ob)
November 10, 2021 Opinion or Order Filing 922 Joint MOTION for Extension of Time To File Objections to Trial Exhibits and Deposition Desingations by Securities & Exchange Commission. Responses due by 11/24/2021 (Attachments: #1 Text of Proposed Order)(Johnson, Alise)
November 10, 2021 Opinion or Order SYSTEM ENTRY - Docket Entry 921 [misc] restricted/sealed until further notice. (830271)
November 9, 2021 Opinion or Order Filing 920 PAPERLESS ORDER granting #919 Defendants' Unopposed Motion to File Exhibit "C" to ECF No. 893-4 Under Seal in Support of their Response to Plaintiff's Motion for Partial Summary Judgment. The Court hereby seals Exhibit "C" to [893-4] in support of Defendants' Response to Plaintiffs Motion for Partial Summary Judgment #893 and instructs the Clerk to restrict public access to Exhibit "C" to ECF No. 893-4. Signed by Judge Rodolfo A. Ruiz, II on 11/9/2021. (ob)
November 9, 2021 Opinion or Order Filing 919 Unopposed MOTION To File Exhibit Under Seal re #893 Response in Opposition to Motion,,, by Joseph Cole Barleta, Joseph W. LaForte, Lisa Mcelhone. (Attachments: #1 Text of Proposed Order Proposed Order)(Soto, Alejandro)
November 9, 2021 Opinion or Order Filing 918 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Settlement Conference held on 11/9/2021 at 1:00 PM. Settlement conference recessed for parties to confer about the specific issues discussed during the conference. The Court will hold a brief Telephonic Status Conference on 11/16/2021 at 04:30 PM to hear an update from the parties regarding the progress of the specific conferral items discussed today. Should the parties need further assistance with settlement, the Court will work with the parties to expeditiously schedule a second settlement conference. Note - Counsel, parties, or members of the public can attend the Telephonic Status Conference by using the following instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Counsel should dial in from a landline if possible; cellphone attendees, after noting appearance, and members of the public must remain on mute. Total time in court: 2 hour(s) : 50 minutes. (jgy)
November 9, 2021 Opinion or Order Filing 917 PAPERLESS ORDER requiring expedited response from Defendant Lisa McElhone as to #916 Receiver, Ryan K. Stumphauzer's Motion to Expand the Receivership to Include the SEP IRA Account of Lisa M. McElhone. Defendant is ordered to respond on or before November 16, 2021. The Receiver need not submit a reply. Signed by Judge Rodolfo A. Ruiz, II on 11/9/2021. (ob)
November 9, 2021 Opinion or Order Filing 916 MOTION to Expand the Receivership to Include the SEP IRA Account of Lisa M. McElhone re #141 Order by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Bank of America Statement, #2 Exhibit 2 - Bank of San Juan Statement, #3 Exhibit 3 - Proposed Order)(Kolaya, Timothy)
November 9, 2021 Opinion or Order Filing 915 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Settlement Conference held on 11/9/2021 at 9:00 am. Case did not settle. Total time in court: 0 hour(s) : 15 minutes. (jgy)
November 8, 2021 Opinion or Order Filing 914 MOTION to Amend/Correct Admissions by Lisa Mcelhone. Responses due by 11/22/2021 (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Hirschhorn, Joel)
November 5, 2021 Opinion or Order Set/Reset Hearings Settlement Conference set for 11/9/2021 09:00 AM before Magistrate Judge Bruce E. Reinhart. Settlement Conference set for 11/9/2021 01:00 PM before Magistrate Judge Bruce E. Reinhart. Settlement Conference set for 11/18/2021 02:00 PM before Magistrate Judge Bruce E. Reinhart. Per Chambers - See prior Orders. (sk)
November 4, 2021 Opinion or Order Filing 913 PAPERLESS ORDER granting #912 Joint Motion by Defendants Joseph LaForte, Lisa McElhone, Joseph Cole Barleta, Dean Vagnozzi, Perry Abbonizio, Michael Furman, and Plaintiff Securities and Exchange Commission to Extend Time to File Joint Pretrial Stipulation and Other Deadlines. The parties shall file their Joint Pretrial Stipulation and respective Motions in Limine and Replies in Support of their Motions for Partial Summary Judgment on or before Wednesday, November 10, 2021. Signed by Judge Rodolfo A. Ruiz, II on 11/4/2021. (ob)
November 4, 2021 Opinion or Order Filing 912 Joint MOTION for Extension of Time to file Joint Pretrial Stipulation, Motions in Limine, and Replies in Support of Motion for Partial Summary Judgment by Plaintiff Securities & Exchange Commission and by Perry S Abbonizio, Joseph Cole Barleta, Michael C Furman, Joseph W. LaForte, Lisa Mcelhone, Dean J Vagnozzi. Responses due by 11/18/2021 (Attachments: #1 Text of Proposed Order)(Soto, Alejandro)
November 4, 2021 Opinion or Order Filing 911 Order setting Zoom Settlement Conference between the SEC and Defendant Joseph Cole Barleta ONLY for 11/18/2021 at 02:00 PM before Magistrate Judge Bruce E. Reinhart. Signed by Magistrate Judge Bruce E. Reinhart on 11/4/2021. See attached document for full details. (jgy)
November 3, 2021 Opinion or Order Filing 910 PAPERLESS Order Cancelling Settlement Conference set for 11/4/2021 at 1:00 PM via Zoom. The Court will reset the settlement conference by separate order. Signed by Magistrate Judge Bruce E. Reinhart on 11/3/2021. (jgy)
November 3, 2021 Opinion or Order Filing 909 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Settlement Conference held on 11/3/2021. Settlement conference recessed for parties to confer about the specific issues discussed during the conference. The Court will hold a Status Conference Zoom call on 11/10/2021 at 04:30 PM to hear an update from the parties regarding the progress of the specific conferral items discussed today. Should the parties need further assistance with settlement, the Court will work with the parties to expeditiously schedule a second settlement conference. Note - The Zoom information will be e-mailed to the parties prior to the status conference. Total time in court: 3 hour(s) : 00 minutes. (jgy)
November 3, 2021 Opinion or Order Filing 908 PAPERLESS ORDER requesting that the Receiver provide a brief response to #845 Non-Party, Wilmington Savings Fund Society, FSB, not in its Individual Capacity but Solely as Trustee for Invictus Residential Pooler Trust 3A's Motion to Intervene and for Relief from the Amended Order Appointing Receiver And Incorporated Memorandum Of Law on or before November 12, 2021. The response should not exceed (5) five pages. The Court is inclined to grant the non-party limited relief similar to #897 , so as to lift the Litigation Injunction #141 to allow the non-party to proceed with its non-judicial foreclosure in California. Signed by Judge Rodolfo A. Ruiz, II on 11/3/2021. (ob)
November 3, 2021 Opinion or Order Filing 907 ORDER GRANTING RECEIVER'S COMBINED EIGHTEENTH MOTION TO LIFT LITIGATION INJUNCTION AS TO CERTAIN GARNISHMENT PROCEEDINGS AND TO AUTHORIZE RECEIVER TO COLLECT ATTACHED ASSETS TO SATISFY CONFESSED JUDGMENT. Signed by Judge Rodolfo A. Ruiz, II on 11/3/2021. See attached document for full details. (ob)
November 2, 2021 Opinion or Order Filing 906 MOTION (18th) to Lift Litigation Injunction as to Certain Garnishment Proceedings and to Authorize Receiver to Collect Attached Assets to Satisfy Confessed Judgment re #141 Order by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
November 2, 2021 Opinion or Order Filing 905 NOTICE of Compliance with Regard to Pillar 6 Life Settlement Fund LP Pursuant to Paragraph 4 of this Courts October 31, 2020, Order Granting Defendant Dean Vagnozzis Unopposed Motion to Release Certain Vagnozzi-Controlled Entities from the Receivership by Ryan K Stumphauzer re #360 Order on Motion for Miscellaneous Relief, (Kolaya, Timothy)
November 2, 2021 Opinion or Order Filing 904 PAPERLESS ORDER granting #903 Joint Motion by Defendants Joseph Laforte, Lisa McElhone, Joseph Cole Barleta, Dean Vagnozzi, Perry S. Abbonizio and Plaintiff Securities and Exchange Commission to Extend Time to File Motion in Limine. Motions in Limine are due on or before November 4, 2021. Signed by Judge Rodolfo A. Ruiz, II on 11/2/2021. (ob)
November 2, 2021 Opinion or Order Filing 903 Joint MOTION for Extension of Time to File Motion in Limine Joint Motion by Defendants Joseph Laforte, Lisa Mcelhone, Joseph Cole Barleta, Dean Vagnozzi, Perry S. Abbonizio and Plaintiff Securities and Exchange Commission to Extend Time to File Motion in Limine by Securities & Exchange Commission. Responses due by 11/16/2021 (Attachments: #1 Text of Proposed Order)(Johnson, Alise)
November 1, 2021 Opinion or Order Filing 902 STATUS REPORT - Receiver's Quarterly Status Report Dated November 1, 2021 by Ryan K Stumphauzer (Attachments: #1 Exhibit 1 - Quarterly Report from DSI)(Kolaya, Timothy)
November 1, 2021 Opinion or Order Filing 901 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Settlement Conference held on 11/1/2021. Case did not settle, but negotiations to continue. Parties are invited to contact Judge Reinhart's chambers should they require a second settlement conference. Total time in court: 2 hour(s) : 33 minutes. (jgy)
October 30, 2021 Opinion or Order Filing 900 PAPERLESS ORDER granting #899 Defendant Dean Vagnozzi's Motion to File Video Exhibit. Defendant shall deliver a thumb drive containing such video to Judge Ruiz's chambers by Wednesday, November 3, 2021. Signed by Judge Rodolfo A. Ruiz, II on 10/29/2021. (ob)
October 29, 2021 Opinion or Order Filing 899 Defendant's MOTION to File Video Exhibit re #889 Notice (Other), Vagnozzi's Declaration in Opposition to SEC's Motion for Partial Summary Judgment by Dean J Vagnozzi. (Miller, Brian)
October 29, 2021 Opinion or Order Filing 897 ORDER GRANTING IN PART RECEIVER'S MOTION TO LIFT LITIGATION INJUNCTION REGARDING COLORADO HOMES ENTITIES AND TO ALLOW NON-PARTY RH INDIGO TRAILS LLLP TO COMPLETE FORECLOSURE. Signed by Judge Rodolfo A. Ruiz, II on 10/28/2021. See attached document for full details. (ob)
October 29, 2021 Opinion or Order Filing 896 NOTICE by Securities & Exchange Commission re #887 Notice (Other) of Exhibits Cited in ECF No 887 (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit 1, Full Transcript of James Klenk Deposition, Volume I, #3 Exhibit Exhibit 2, Full Transcript of Joseph Klenk Deposition, Volume II, #4 Exhibit Exhibit 3, Full Transcript of Joel Glick, #5 Exhibit Exhibit 4, Exhibit 7 to Klenk Deposition, #6 Exhibit Exhibit 5, Declaration of Renee Meyer (TRO Ex 25), #7 Exhibit Exhibit 6, Par Funding Insurance Letter, #8 Exhibit Composite Exhibit 7, Par Funding Finder CIstone, #9 Exhibit Exhibit 8, Full Deposition Transcript of Victoria Villarose, #10 Exhibit Exhibit 9, Bernato, #11 Exhibit Exhibit 10, Declaration Authenticating Exhibits, #12 Exhibit Exhibit 11, Full Transcript of Phil Rutledge Deposition, Volume I, #13 Exhibit Exhibit 12, Full Transcript of Phil Rutledge, Volume II) (Berlin, Amie)
October 29, 2021 Opinion or Order Filing 895 NOTICE by Joseph Cole Barleta, Joseph W. LaForte, Lisa Mcelhone re #893 Response in Opposition to Motion,,, for Motion for Partial Summary Judgment (Soto, Alejandro)
October 28, 2021 Opinion or Order Filing 898 TRANSCRIPT of Telephonic Discovery Hearing held on 10/25/2021 before Magistrate Judge Bruce E. Reinhart, 1-22 pages, re: #466 Notice of Appeal, Court Reporter: Bonnie Joy Lewis, 954-985-8875. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/18/2021. Redacted Transcript Deadline set for 11/29/2021. Release of Transcript Restriction set for 1/26/2022. (apz)
October 28, 2021 Opinion or Order Filing 894 RESPONSE in Opposition re #804 Joint MOTION for Partial Summary Judgment and Incorporated Memorandum of Law filed by Securities & Exchange Commission. Replies due by 11/4/2021. (Berlin, Amie)
October 28, 2021 Opinion or Order Filing 893 RESPONSE in Opposition re #817 MOTION for Partial Summary Judgment Defendants' Joint Response to Plaintiff's Motion for Partial Summary Judgment and Incorporated Memorandum of Law filed by Joseph Cole Barleta, Joseph W. LaForte, Lisa Mcelhone. Replies due by 11/4/2021. (Attachments: #1 Exhibit EX A - Cole Deposition, #2 Exhibit EX B - Vagnozzi Depo, #3 Exhibit EX C - Article Staten Island Broker Shooting, #4 Exhibit EX D - Joe Cole Declaration - part 1, #5 Exhibit EX D - part 2 - Joe Cole Declaration, #6 Exhibit EX E - Rutledge Deposition, #7 Exhibit EX F - Form D, #8 Exhibit EX G - P.Abbonizio Transcript Pages, #9 Exhibit EX H - B.Berman Deposition Transcript)(Soto, Alejandro)
October 28, 2021 Opinion or Order Filing 892 RESPONSE in Opposition re #817 MOTION for Partial Summary Judgment filed by Dean J Vagnozzi. Replies due by 11/4/2021. (Miller, Brian)
October 28, 2021 Opinion or Order Filing 891 Statement of: of Disputed Facts in Opposition to Plaintiff's Motion for Partial Summary Judgment by Michael C Furman re #816 Notice (Other), (Attachments: #1 Exhibit 1)(Hyman, Zachary)
October 28, 2021 Opinion or Order Filing 890 RESPONSE in Opposition re #817 MOTION for Partial Summary Judgment filed by Michael C Furman. Replies due by 11/4/2021. (Hyman, Zachary)
October 28, 2021 Opinion or Order Filing 889 NOTICE by Dean J Vagnozzi re #817 MOTION for Partial Summary Judgment in Opposition to SEC's Motion for Partial Summary Judgment (Attachments: #1 Exhibit A - Declaration of Dean Vagnozzi in Opposition to SEC's Motion for Partial Summary Judgment) (Miller, Brian)
October 28, 2021 Opinion or Order Filing 888 NOTICE by Dean J Vagnozzi re #816 Notice (Other), Local Rule 56.1 Statement of Disputed Facts in Opposition to SEC's Motion for Summary Judgment (Miller, Brian)
October 28, 2021 Opinion or Order Filing 887 NOTICE by Securities & Exchange Commission of Filing Response to Defendants Statement of Undisputed Facts (Attachments: #1 Exhibit Response to Stmt of Facts) (Berlin, Amie)
October 28, 2021 Opinion or Order Filing 886 Defendant's REPLY to Response to Motion re #803 MOTION in Limine to Exclude Report and Opinion of Melissa Davis Defendants' Reply in Support of Motion in Limine to Exclude Expert Testimony and Report of Melissa Davis filed by Joseph Cole Barleta, Joseph W. LaForte, Lisa Mcelhone. (Soto, Alejandro)
October 28, 2021 Opinion or Order Filing 885 NOTICE by Perry S Abbonizio re #884 Response in Opposition to Motion and Defendant Perry S. Abbonizio's Statement of Facts (Attachments: #1 Exhibit A - Declaration of Perry S. Abbonizio, dated October 26, 2021, #2 Exhibit B - Deposition of Joseph Cole Barleta, dated June 2, 2021 (excerpts), #3 Exhibit C - Deposition of Philip Rutledge, dated August 19, 2021 (excerpts), #4 Exhibit D - Email between Philip Rutledge and Joseph Cole Barleta, dated March 3, 2020) (Marcus, Jeffrey)
October 28, 2021 Opinion or Order Filing 884 RESPONSE in Opposition re #817 MOTION for Partial Summary Judgment filed by Perry S Abbonizio. Replies due by 11/4/2021. (Marcus, Jeffrey)
October 28, 2021 Opinion or Order Filing 883 PAPERLESS ORDER granting #882 Joint Motion for Additional Pages. The parties are permitted to exceed the page limit by 7 pages. Signed by Judge Rodolfo A. Ruiz, II on 10/28/2021. (ob)
October 28, 2021 Opinion or Order Filing 882 Joint MOTION for Leave to File Excess Pages by Joseph W. LaForte. (Levine, Joshua)
October 28, 2021 Opinion or Order Filing 881 RESPONSE to #872 Response in Opposition to Motion,,, by Pinetree Financial Corporation, Pinetree Partners Lending LLC, River Bend Corporation. (Attachments: #1 Text of Proposed Order)(Gache, Ronald)
October 28, 2021 Opinion or Order Filing 880 RESPONSE to #872 Response in Opposition to Motion,,, by Lead Funding II, LLC. (Attachments: #1 Text of Proposed Order)(Gache, Ronald)
October 27, 2021 Opinion or Order Filing 879 ORDER GRANTING RECEIVER'S MOTION TO LIFT LITIGATION INJUNCTIONAS TO CERTAIN COUNTER PARTIES WITH EAGLE SIX CONSULTANTS, INC. AND HERITAGE BUSINESS CONSULTING, INC. Signed by Judge Rodolfo A. Ruiz, II on 10/27/2021. See attached document for full details. (ob)
October 27, 2021 Opinion or Order Filing 878 NOTICE by Michael C Furman re #804 Joint MOTION for Partial Summary Judgment and Incorporated Memorandum of Law (Hyman, Zachary)
October 27, 2021 Opinion or Order Filing 877 Order setting in person Settlement Conference between the SEC and Defendants Lisa Mcelhone and Joseph W. LaForte ONLY for 11/9/2021 at 01:00 PM before Magistrate Judge Bruce E. Reinhart. Signed by Magistrate Judge Bruce E. Reinhart on 10/27/2021. See attached document for full details. (jgy)
October 27, 2021 Opinion or Order Filing 876 ORDER setting Zoom Settlement Conference between the SEC and Defendant Michael C. Furman ONLY for 11/9/2021 at 09:00 AM before Magistrate Judge Bruce E. Reinhart. Signed by Magistrate Judge Bruce E. Reinhart on 10/27/2021. See attached document for full details. (jgy)
October 27, 2021 Opinion or Order Filing 875 ORDER setting Zoom Settlement Conference between the SEC and Defendant Joseph Cole Barleta ONLY for 11/4/2021 at 01:00 PM before Magistrate Judge Bruce E. Reinhart. Signed by Magistrate Judge Bruce E. Reinhart on 10/27/2021. See attached document for full details. (jgy)
October 27, 2021 Opinion or Order Filing 874 ORDER setting in person Settlement Conference between the SEC and Defendant Dean J. Vagnozzi ONLY for 11/3/2021 at 02:00 PM before Magistrate Judge Bruce E. Reinhart. Signed by Magistrate Judge Bruce E. Reinhart on 10/27/2021. Signed by Magistrate Judge Bruce E. Reinhart on 10/27/2021. See attached document for full details. (jgy)
October 27, 2021 Opinion or Order Filing 873 ORDER setting Zoom Settlement Conference between the SEC and Defendant Perry S. Abbonizio ONLY for 11/1/2021 at 02:00 PM before Magistrate Judge Bruce E. Reinhart. Signed by Magistrate Judge Bruce E. Reinhart on 10/27/2021. *Note* The Court will be reaching out to the other Defendants individually to schedule their respective settlement conferences with the SEC. See attached document for full details. (jgy)
October 26, 2021 Opinion or Order Filing 872 RESPONSE in Opposition re #828 MOTION Non-Party's Verified Motion to Intervene and Lift Litigation Injunction to Allow it to Complete Non-Judicial Foreclosure in Adams County, Colorado and Memorandum of Law, and Request for Expedited Hearing ; Status Report regarding the Colorado Homes Entities, as required by the Courts Orders dated July 28, 2021 [ECF No. 664] and September 28, 2021 [ECF No. 795]; and Motion to Lift Litigation Injunction to Allow Commencement of Proceedings Involving the Colorado Homes Entities filed by Ryan K Stumphauzer. Replies due by 11/2/2021. (Attachments: #1 Exhibit 1 - Colorado World Resorts LLC's Draft Motion Regarding Action to Contest the Avon Foreclosure, #2 Exhibit 2 - Proposed Order)(Kolaya, Timothy)
October 26, 2021 Opinion or Order Filing 871 MOTION to Lift Litigation Injunction as to Certain Counterparties with Eagle Six Consultants, Inc. and Heritage Business Consulting, Inc. re #141 Order by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
October 26, 2021 Opinion or Order Filing 870 PAPERLESS ORDER granting #869 Joint Motion for Extension of Time by Defendants Joseph LaForte, Lisa McElhone, Joseph Cole Barleta, Dean Vagnozzi, Perry S. Abbonizio and Plaintiff Securities and Exchange Commission to File Responses to Summary Judgment Motions on October 28, When Defendant Furman's Response is Due. Responses by all parties are due on or before October 28, 2021. Signed by Judge Rodolfo A. Ruiz, II on 10/26/2021. (ob)
October 26, 2021 Opinion or Order Filing 869 Joint MOTION for Extension of Time to File Response/Reply/Answer to Summary Judgment Motions on October 28, When Defendant Furman's Response is Due by Securities & Exchange Commission. (Attachments: #1 Text of Proposed Order)(Berlin, Amie)
October 26, 2021 Opinion or Order Filing 868 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Telephone Conference held on 10/26/2021. As discussed with the parties, the Court will expeditiously schedule the upcoming Settlement Conference by separate Order. Total time in court: 0 hour(s) : 30 minutes. (jgy)
October 25, 2021 Opinion or Order Filing 867 ORDER GRANTING RECEIVER'S MOTION TO LIFT LITIGATION INJUNCTION TO ALLOW COMMENCEMENT OF COLLECTION PROCEEDINGS INVOLVING ROY ROSARIO, FEZZIWIGS PHILADELPHIA LLC, SOLAR EXCHANGE LLC AND ANTHONY FAZIO, AND EDWIN WOLL AND SHAINEE GABEL; AND IN THE CASE OF ROY ROSARIO, EJECTMENT PROCEEDINGS. Signed by Judge Rodolfo A. Ruiz, II on 10/25/2021. See attached document for full details. (ob)
October 25, 2021 Opinion or Order Filing 866 PAPERLESS ORDER granting #865 Defendants' Unopposed Joint Motion for Extension of Time to Reply to Plaintiff's Response to Defendants' Motion in Limine to Exclude Expert Testimony and Report of Melissa Davis. Defendants' Reply is due on or before October 28, 2021. Signed by Judge Rodolfo A. Ruiz, II on 10/25/2021. (ob)
October 25, 2021 Opinion or Order Filing 865 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #843 Response in Opposition to Motion,, Defendants' Unopposed Joint Motion for Extension of Time to Reply to Plaintiff's Response to Defendants' Motion in Limine to Exclude Expert Testimony and Report of Melissa Davis by Joseph Cole Barleta, Joseph W. LaForte, Lisa Mcelhone. (Attachments: #1 Text of Proposed Order Proposed Order)(Soto, Alejandro)
October 25, 2021 Opinion or Order Filing 864 MOTION to Lift the Litigation Injunction to Allow Commencement of Collection Proceedings Involving Roy Rosario, Fezziwigs Philadelphia LLC, Solar Exchange LLC and Anthony Fazio, and Edwin Woll and Shainee Gabel; and in the Case of Roy Rosario, Ejectment Proceedings re #141 Order by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
October 25, 2021 Opinion or Order Filing 863 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart. Discovery Hearing held on 10/25/2021. Total time in court: 0 hour(s) : 30 minutes. Attorney Appearance(s): Zachary Paul Hyman (Defendant Furman) Alise Meredith Johnson (SEC). MINUTE ORDER Defendant Furman has propounded discovery in the form of Requests for Production and Interrogatories. For the reasons stated on the record, the Court has ordered that the SEC need not respond to Defendant Furman's discovery requests. Signed by Magistrate Judge Bruce E. Reinhart on 10/25/202. (Digital BER_1_10.25.2021) (jgy)
October 25, 2021 Opinion or Order Filing 862 PAPERLESS Order setting Telephonic Status Conference for 10/26/2021 at 02:00 PM before Magistrate Judge Bruce E. Reinhart. The parties should be prepared to discuss dates and logistics for scheduling the settlement conference with Judge Reinhart pursuant to the Court's Order at DE #859 . Counsel, parties, or members of the public can attend by using the following instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Counsel should dial in from a landline if possible; cellphone attendees, after noting appearance, and members of the public must remain on mute. Signed by Magistrate Judge Bruce E. Reinhart on 10/25/2021. (jgy)
October 25, 2021 Opinion or Order Filing 861 REPORT REGARDING Corrected Joint Discovery Prehearing Memorandum by Securities & Exchange Commission (Attachments: #1 Exhibit A)(Johnson, Alise)
October 22, 2021 Opinion or Order Filing 860 REPORT REGARDING Parties Joint Discovery Pre-Hearing Conference by Michael C Furman (Attachments: #1 Exhibit A)(Hyman, Zachary)
October 22, 2021 Opinion or Order Filing 859 REFERRAL FOR SETTLEMENT CONFERENCE. Signed by Judge Rodolfo A. Ruiz, II on 10/22/2021. See attached document for full details. (ob)
October 21, 2021 Opinion or Order Filing 858 PAPERLESS ORDER granting in part #846 Defendant, Michael C. Furman's, Motion to Further Extend the Deadline to Respond to the Motion for Summary Judgment. Defendant Furman's response is due on or before October 28, 2021. Accordingly, the SEC's reply in support of their Motion for Summary Judgment is due on or before November 4, 2021. Signed by Judge Rodolfo A. Ruiz, II on 10/21/2021. (ob)
October 21, 2021 Opinion or Order Filing 857 PAPERLESS ORDER denying #840 Defendant, Michael C. Furman's, Motion to Continue Trial, Sever, and to Release Funds for the reasons stated on the record. Signed by Judge Rodolfo A. Ruiz, II on 10/21/2021. (ob)
October 21, 2021 Opinion or Order Filing 856 PAPERLESS ORDER denying #838 Defendants' Motion to Adjourn the Trial. For the reasons stated on the record, trial is scheduled to begin on December 6, 2021. Signed by Judge Rodolfo A. Ruiz, II on 10/21/2021. (ob)
October 21, 2021 Opinion or Order Filing 855 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Zoom Videoconference Status Conference held on 10/21/2021. Attorney Appearance(s): All counsel of record, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov. (gp)
October 21, 2021 Opinion or Order Filing 854 PAPERLESS ORDER granting #852 Defendants' Joint Motion to Extend Deadline for Filing Motions in Limine. All parties' Motions in Limine are due on or before November 2, 2021. Signed by Judge Rodolfo A. Ruiz, II on 10/21/2021. (ob)
October 21, 2021 Opinion or Order Filing 853 RESPONSE in Opposition re #840 MOTION to Continue Trial re #521 Order on Motion for Extension of Time,, MOTION to Sever MOTION for Release of Funds , #838 Defendant's MOTION to Adjourn the Trial and for a Status Conference to Address Trial Logistics filed by Securities & Exchange Commission. Replies due by 10/28/2021. (Berlin, Amie)
October 20, 2021 Opinion or Order Filing 852 Joint MOTION for Extension of Time to File Motions In Limine by Defendants Lisa McElhone, Joseph W. LaForte, Joseph Cole Barleta, Dean Vagnozzi, Michael C. Furman, and by Perry S Abbonizio. Responses due by 11/3/2021 (Marcus, Jeffrey)
October 20, 2021 Opinion or Order Filing 851 PAPERLESS ORDER rescheduling status conference - TIME CHANGE ONLY. The status conference set for tomorrow, October 21, 2021 at 10:00 A.M., is rescheduled to 4:00 P.M. via Zoom videoconference. The Zoom hearing can be accessed at # click here. Meeting ID: 160 853 2271, Passcode: 440833. Signed by Judge Rodolfo A. Ruiz, II on 10/20/2021. (ob)
October 20, 2021 Opinion or Order Filing 850 PAPERLESS Order setting a Telephonic Discovery Hearing at the request of the parties for 10/25/2021 at 01:30 PM before Magistrate Judge Bruce E. Reinhart. Counsel, parties, or members of the public can attend by using the following instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Counsel should dial in from a landline if possible; cellphone attendees, after noting appearance, and members of the public must remain on mute. At least 48 hours prior to the scheduled hearing, the parties shall file a joint discovery memorandum of five pages or less (1) specifying the substance of the discovery matter to be heard, and (2) attaching a copy of all source materials relevant to the discovery dispute. Signed by Magistrate Judge Bruce E. Reinhart on 10/20/2021. (jgy)
October 20, 2021 Opinion or Order Filing 849 NOTICE by Dean J Vagnozzi re #804 Joint MOTION for Partial Summary Judgment and Incorporated Memorandum of Law of Joinder (Miller, Brian)
October 20, 2021 Opinion or Order Filing 848 NOTICE OF WITHDRAWAL OF MOTION by Michael C Furman re #846 MOTION to Compel Responses to Discovery MOTION for Extension of Time to File Response/Reply/Answer as to #817 MOTION for Partial Summary Judgment filed by Michael C Furman (Hyman, Zachary)
October 20, 2021 Opinion or Order Filing 847 ORDER ON DEFENDANT MR. LAFORTES MOTION TO DISMISS (ECF No. 746) AND MOTION FOR SANCTIONS (ECF No. 776) denying #746 Motion to Dismiss; denying #746 Motion for Sanctions; denying #776 Motion for Sanctions; denying #776 Motion for Discovery. Signed by Magistrate Judge Bruce E. Reinhart on 10/20/2021. See attached document for full details. (drz)
October 20, 2021 Opinion or Order Filing 846 MOTION to Compel Responses to Discovery ( Responses due by 11/3/2021), MOTION for Extension of Time to File Response/Reply/Answer as to #817 MOTION for Partial Summary Judgment by Michael C Furman. (Hyman, Zachary)
October 19, 2021 Opinion or Order Filing 845 MOTION to Intervene AND FOR RELIEF FROM THE AMENDED ORDER APPOINTING RECEIVER by Wilmington Savings Fund Society, FSB, not in its individual capacity but solely as Trustee for Invictus Residential Pooler Trust 3A. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Waldman, Damian)
October 19, 2021 Opinion or Order Filing 844 NOTICE by Joseph W. LaForte re #841 Response to Motion, Notice of Filing (Attachments: #1 Exhibit) (Ferguson, David)
October 19, 2021 Opinion or Order Filing 843 RESPONSE in Opposition re #803 MOTION in Limine to Exclude Report and Opinion of Melissa Davis Plaintiff's Response to Motion to Exclude Expert Testimony and Report of Melissa Davis filed by Securities & Exchange Commission. Replies due by 10/26/2021. (Attachments: #1 Exhibit 1 Melissa Davis Expert Report, #2 Exhibit 2. Melissa Davis CV and Qualifications, #3 Exhibit 3. Davis Criminal Trial Expert Qualification 1, #4 Exhibit 4. Davis Criminal Trial Expert Qualification 2, #5 Exhibit 5. In Re Woodbridge Group of Companies LLC, #6 Exhibit 6. 12-15-20 Status Conference Transcript, #7 Exhibit 7. ABS Global Inc v Inguran LLC)(Levenson, Robert)
October 19, 2021 Opinion or Order Filing 842 NOTICE of Striking #836 Response in Opposition to Motion,, filed by Securities & Exchange Commission, 837 Clerks Notice of Docket Correction and Instruction to Filer - Attorney,, by Securities & Exchange Commission (Levenson, Robert)
October 19, 2021 Opinion or Order Setting Hearings : Telephonic Status Conference set for 10/21/2021 10:30 AM before Judge Rodolfo A. Ruiz II. Per [ECF No. 839] Paperless Order. (gp)
October 18, 2021 Opinion or Order Filing 841 RESPONSE to Motion re #799 MOTION to Lift the Litigation Injunction to Allow Commencement of Proceedings Against B & T Supplies Inc., Tzvi Stephen Odzer, and the B&T Related Entities re #141 Order filed by Joseph W. LaForte. Replies due by 10/25/2021. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Ferguson, David)
October 18, 2021 Opinion or Order Filing 840 MOTION to Continue Trial re #521 Order on Motion for Extension of Time,, ( Responses due by 11/1/2021), MOTION to Sever ( Responses due by 11/1/2021), MOTION for Release of Funds by Michael C Furman. (Hyman, Zachary)
October 18, 2021 Opinion or Order Filing 839 PAPERLESS ORDER setting telephonic status conference for Thursday, October 21, 2021 at 10:30 A.M. The parties are instructed to call 1-877-402-9753 by no later than 10:25 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) if possible for clarity. Signed by Judge Rodolfo A. Ruiz, II on 10/18/2021. (ob)
October 18, 2021 Opinion or Order Filing 838 Defendant's MOTION to Adjourn the Trial and for a Status Conference to Address Trial Logistics by Perry S Abbonizio, Joseph Cole Barleta, Michael C Furman, Joseph W. LaForte, Lisa Mcelhone, Dean J Vagnozzi. (Hirschhorn, Joel)
October 18, 2021 Opinion or Order Filing 837 Clerks Notice to Filer re #836 Response in Opposition to Motion,,. Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match the typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and Local Rule 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. Document Missing Signature. (drz)
October 18, 2021 Opinion or Order Filing 836 STRICKEN PER DE#842 -RESPONSE in Opposition re #803 MOTION in Limine to Exclude Report and Opinion of Melissa Davis Plaintiffs' Response to Motion to Exclude Expert Textimony and Report of Melissa Davis filed by Securities & Exchange Commission. Replies due by 10/25/2021. (Attachments: #1 Exhibit 1 Melissa Davis Expert Report, #2 Exhibit 2. Melissa Davis CV and Credentials, #3 Exhibit 3. Davis Criminal Trial Expert Qualifications 1, #4 Exhibit 4. Davis Criminal Expert Trial Qualifications 2, #5 Exhibit 5. In Re Woodbridge Group of Companies, #6 Exhibit 6. 15-15-20 Status Conference Transcript, #7 Exhibit 7. ABS Global v Inguran)(Levenson, Robert) Modified on 10/19/2021 (drz).
October 18, 2021 Opinion or Order Filing 835 PAPERLESS ORDER granting #831 Joint Motion for Extension of Time to File Pre-Trial Stipulation. The parties' joint pre-trial stipulation is due on or before November 5, 2021. Signed by Judge Rodolfo A. Ruiz, II on 10/18/2021. (ob)
October 18, 2021 Opinion or Order Filing 834 TRANSCRIPT of hearing held on 10/6/21 before Magistrate Judge Bruce E. Reinhart, 1-84 pages, Court Reporter: Tammy Nestor, 305-523-5148 / Tammy_Nestor@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/8/2021. Redacted Transcript Deadline set for 11/18/2021. Release of Transcript Restriction set for 1/18/2022. (tnr)
October 15, 2021 Opinion or Order Filing 833 PAPERLESS ORDER GRANTING Plaintiff's Motion for Extension of Time to File Response/Reply/Answer as to Defendants' Joint Motion for Partial Summary Judgment [ECF No. 832] ("Motion"). The Court has reviewed the Motion and is otherwise fully advised; accordingly, the Motion is GRANTED. Plaintiffs response to Defendants' Joint Motion for Partial Summary Judgment shall be filed on or before October 26, 2021. Signed by Judge Rodolfo A. Ruiz, II on 10/15/2021. (jb03)
October 15, 2021 Opinion or Order Filing 832 Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer as to #804 Joint MOTION for Partial Summary Judgment and Incorporated Memorandum of Law by Securities & Exchange Commission. (Attachments: #1 Text of Proposed Order)(Berlin, Amie)
October 15, 2021 Opinion or Order Filing 831 Joint MOTION for Extension of Time to File Pre-Trial Stipulation by Securities & Exchange Commission. Responses due by 10/29/2021 (Attachments: #1 Text of Proposed Order)(Levenson, Robert)
October 15, 2021 Opinion or Order Filing 830 PAPERLESS ORDER granting #829 Defendants' Joint Motion for Extension of Time. Defendants' response is due on or before October 26, 2021. Signed by Judge Rodolfo A. Ruiz, II on 10/15/2021. (ob)
October 14, 2021 Opinion or Order Filing 829 Joint MOTION for Extension of Time to File Response/Reply/Answer as to #817 MOTION for Partial Summary Judgment by Defendants Lisa McElhone, Joseph W. LaForte, Joseph Cole Barleta, Dean Vagnozzi, Michael C. Furman, and by Perry S Abbonizio. (Marcus, Jeffrey)
October 14, 2021 Opinion or Order Filing 828 MOTION Non-Party's Verified Motion to Intervene and Lift Litigation Injunction to Allow it to Complete Non-Judicial Foreclosure in Adams County, Colorado and Memorandum of Law, and Request for Expedited Hearing by RH Indigo Trails LLP. Attorney Mark Joseph Wolfson added to party RH Indigo Trails LLP(pty:intv). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit F-1, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit I-1, #12 Exhibit 1-2, #13 Exhibit J)(Wolfson, Mark)
October 11, 2021 Opinion or Order Filing 827 NOTICE of Compliance Defendants' Updated and Responsive Notice to Joint Notice of Compliance Dated September 22, 2021 by Joseph W. LaForte (Levine, Joshua)
October 8, 2021 Opinion or Order Filing 826 PAPERLESS ORDER granting #825 Plaintiff Securities and Exchange Commission's Motion for Additional Pages. Plaintiff is permitted to exceed the page limit by 9 pages. Moving forward, Plaintiff is advised to seek leave of the Court prior to exceeding page limitations under the Local Rules. Signed by Judge Rodolfo A. Ruiz, II on 10/8/2021. (ob)
October 8, 2021 Opinion or Order Filing 825 MOTION for Leave to File Excess Pages Plaintiff Securities and Exchange Commission's Motion for Additional Pages by Securities & Exchange Commission. (Attachments: #1 Text of Proposed Order)(Johnson, Alise)
October 6, 2021 Opinion or Order Filing 824 NOTICE by Joseph Cole Barleta, Joseph W. LaForte, Lisa Mcelhone re #803 MOTION in Limine to Exclude Report and Opinion of Melissa Davis (Attachments: #1 Exhibit EX A - Davis, M. Expert Report, #2 Exhibit EX B - Joel Glick Expert Rebuttal Report, #3 Exhibit EX C - 2020-12-15 Hearing Transcript, #4 Exhibit EX D - M. Davis Deposition Transcript, #5 Exhibit EX E - J.Klenk Deposition - 2021-07-26) (Soto, Alejandro)
October 6, 2021 Opinion or Order Filing 823 NOTICE by Joseph Cole Barleta, Joseph W. LaForte, Lisa Mcelhone re #804 Joint MOTION for Partial Summary Judgment and Incorporated Memorandum of Law, #822 Notice (Other), Defendants' Notice of Filing Amended Joint Statement of Undisputed Facts and Redacted Exhibits in Support of (1) Defendants' Motion for Partial Summary Judgment and Incorporated Memorandum of Law and (2) Defendants' Amended Joint Statement of Undisputed Facts (Attachments: #1 Exhibit EX 1 - Rutlege Vol 1, #2 Exhibit EX 2 - Rutledge Depo - VOL II, #3 Exhibit EX 3 - CBSG Funding Analysis, #4 Exhibit EX 4 - Deposition of Joseph Cole's, #5 Exhibit EX 5 - Email, #6 Exhibit EX 6 - Declaration of Dan Cistone, #7 Exhibit EX 7 - Declaration of Dilip Limaye, #8 Exhibit EX 8 - Declaration of Jose Alves, #9 Exhibit EX 9 - Declaration of Steve Wittmer, #10 Exhibit EX 10 - Deposition of Perry Abbonizio, #11 Exhibit EX 11 - Second Declaration of Joel Glick, #12 Exhibit EX 12 - Deposition of Joel Glick, #13 Exhibit EX 13 - Expert Report by Melissa Davis CPA, #14 Exhibit EX 14 - Deposition of James Klenk - VOL II, #15 Exhibit Ex 15 - Exhibit 119, #16 Exhibit EX 16 - Write Off Policy Procedures, #17 Exhibit EX 17 - Rod Ermel Agreed Upon Procedure Letter, #18 Exhibit EX 18 - Deposition of James Klenk VOL 1, #19 Exhibit EX 19 - Email, #20 Exhibit EX 20 - Email, #21 Exhibit EX 21 Deposition of Victoria Villarose, #22 Exhibit EX 22 FLEETWOOD QUICKBOOKS Transaction Export, #23 Exhibit Ex 23 PAR FUNDING APPLICATIONS, #24 Exhibit EX 24 Brochures, #25 Exhibit EX 25 Declaration of Anthony Bernato, #26 Exhibit EX 26 Euler Policy Declaration, #27 Exhibit EX 27 Declaration of Ariel Benjamin Mannes, #28 Exhibit EX 28 Email, #29 Exhibit EX 29 Letter from Cole to Vagnozzi - July 2019, #30 Exhibit EX 30 B.Berman Depo, #31 Exhibit EX 31 Email) (Soto, Alejandro)
October 6, 2021 Opinion or Order Filing 822 NOTICE by Joseph Cole Barleta, Joseph W. LaForte, Lisa Mcelhone re #804 Joint MOTION for Partial Summary Judgment and Incorporated Memorandum of Law Amended Joint Statement of Undisputed Facts In Support of their Motion for Partial Summary Judgment (Soto, Alejandro)
October 6, 2021 Opinion or Order Filing 821 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Oral Argument on Defendant's Motions at DE #746 and #776 held on 10/6/2021. Total time in court: 1 hour(s) : 45 minutes. (jgy)
October 6, 2021 Opinion or Order Filing 820 NOTICE by Securities & Exchange Commission of Filing (Attachments: #1 Exhibit Exhibit Indez) (Berlin, Amie)
October 6, 2021 Opinion or Order Filing 819 NOTICE by Perry S Abbonizio of Joinder in #804 Defendants' Joseph W. LaForte, Lisa McElhone, and Joseph Cole Barleta's Joint MOTION for Partial Summary Judgment and Incorporated Memorandum of Law (Marcus, Jeffrey)
October 6, 2021 Opinion or Order Filing 818 CLERK'S NOTICE of Compliance re #814 Order on Expedited Motion (dj)
October 5, 2021 Opinion or Order Filing 817 MOTION for Partial Summary Judgment by Securities & Exchange Commission. Responses due by 10/19/2021 (Berlin, Amie)
October 5, 2021 Opinion or Order Filing 816 NOTICE by Securities & Exchange Commission of Filing Statement of Undisputed Facts (Attachments: #1 Exhibit Statement of Undisputed Facts, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F, #8 Exhibit Exhibit G, #9 Exhibit Exhibit H, #10 Exhibit Exhibit I, #11 Exhibit Declaration of Tim Kolaya, authenticating Receivership documents) (Berlin, Amie)
October 5, 2021 Opinion or Order Filing 815 ORDER GRANTING RECEIVER'S COMBINED SEVENTEENTH MOTION TO LIFT LITIGATION INJUNCTION AS TO CERTAIN GARNISHMENT PROCEEDINGS AND TO AUTHORIZE RECEIVER TO ENTER INTO A STIPULATION TO PERMIT THE SALE OF 115 BLACK BIRCH LANE, BEECH MOUNTAIN, NC. Signed by Judge Rodolfo A. Ruiz, II on 10/5/2021. See attached document for full details. (ob)
October 5, 2021 Opinion or Order Filing 814 ORDER GRANTING IN PART RECEIVER'S EXPEDITED MOTION TO SEAL. Signed by Judge Rodolfo A. Ruiz, II on 10/5/2021. See attached document for full details. (ob)
October 5, 2021 Opinion or Order Filing 813 PAPERLESS ORDER vacating 809 Paperless Order Granting Plaintiff's Motion to file Summary Judgment Motion and Exhibits Under Seal #806 given Plaintiff's representation during today's telephonic status conference 812 that this matter has been resolved. Further, Plaintiff's ore tenus Motion for One Day Extension of Time to file their Motion for Summary Judgment is GRANTED. Plaintiff shall file its Motion for Summary Judgment on or before October 5, 2021, at 11:59 p.m. In light of the foregoing, Defendants' Motion to Strike SEC's Untimely Motion for Summary Judgement #810 is DENIED as MOOT. Signed by Judge Rodolfo A. Ruiz, II on 10/5/2021. (ob)
October 5, 2021 Opinion or Order Filing 812 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Telephonic Status Conference held on 10/5/2021. Attorney Appearance(s): Counsel of record, Court Reporter: Yvette Hernandez, 305-523-5698 / Yvette_Hernandez@flsd.uscourts.gov. Modified on 10/7/2021 (gp).
October 5, 2021 Opinion or Order Filing 811 PAPERLESS ORDER setting telephonic hearing for today, October 5, 2021 at 4:00 P.M. The parties are instructed to call 1-877-402-9753 by no later than 3:55 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) if possible for clarity. Signed by Judge Rodolfo A. Ruiz, II on 10/5/2021. (ob)
October 5, 2021 Opinion or Order Filing 810 RESPONSE in Opposition re #806 MOTION for Leave to File SUMMARY JUDGMENT MOTION AND EXHIBITS THERETO UNDER SEAL AND INCORPORATED MOTION TO STRIKE SECS UNTIMELY MOTION FOR SUMMARY JUDGMENT WHEN IT IS FILED filed by Joseph Cole Barleta, Joseph W. LaForte, Lisa Mcelhone. Replies due by 10/12/2021. (Levine, Joshua)
October 5, 2021 Opinion or Order Filing 809 PAPERLESS ORDER granting #806 Plaintiff's Motion to file Summary Judgment Motion and Exhibits Under Seal due to the Motion's inclusion and explanation of Confidential documents as designated by the Receiver. Signed by Judge Rodolfo A. Ruiz, II on 10/5/2021. (ob)
October 5, 2021 Opinion or Order Filing 808 RESPONSE to Motion re #807 EXPEDITED MOTION to Seal (1) Defendants Motion In Limine to Exclude Expert Testimony and Report of Melissa Davis [ECF No. 803], (2) Joint Motion for Partial Summary Judgment [ECF No. 804], and (3) Joint Statement of Undisputed Facts in Support of Thei filed by Joseph Cole Barleta, Joseph W. LaForte, Lisa Mcelhone. Replies due by 10/12/2021. (Soto, Alejandro)
October 5, 2021 Opinion or Order Filing 807 EXPEDITED MOTION to Seal (1) Defendants Motion In Limine to Exclude Expert Testimony and Report of Melissa Davis [ECF No. 803], (2) Joint Motion for Partial Summary Judgment [ECF No. 804], and (3) Joint Statement of Undisputed Facts in Support of Their Motion for Partial Summary Judgment [ECF No. 805] re #804 Joint MOTION for Partial Summary Judgment and Incorporated Memorandum of Law, #803 MOTION in Limine to Exclude Report and Opinion of Melissa Davis, #805 Notice (Other),,,,,, by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
October 5, 2021 Opinion or Order Filing 806 MOTION for Leave to File SUMMARY JUDGMENT MOTION AND EXHIBITS THERETO UNDER SEAL by Securities & Exchange Commission. (Berlin, Amie)
October 4, 2021 Opinion or Order Filing 805 NOTICE by Joseph Cole Barleta, Joseph W. LaForte, Lisa Mcelhone re #804 Joint MOTION for Partial Summary Judgment and Incorporated Memorandum of Law and Defendants' Joint Statement of Undisputed Facts (Attachments: #1 Exhibit EX 1 - Rutlege Vol 1, #2 Exhibit EX 2 Rutledge Vol 2, #3 Exhibit EX 3 - CBSG Funding Analysis, #4 Exhibit EX 5 - Email from Cole, #5 Exhibit EX 6 - Declaration of Dan Cistone, #6 Exhibit EX 7 - Declaration of Dilip Limaye, #7 Exhibit EX 8 - Declaration of Jose Alves, #8 Exhibit EX 9 - Declaration of Steve Wittmer, #9 Exhibit EX 10 - Deposition of Perry Abbonizio -, #10 Exhibit EX 11 - Second Delaration of Joel Glick, #11 Exhibit EX 12 - Deposition of Joel Glick, #12 Exhibit EX 13 - Expert Report by Melissa Davis CPA, #13 Exhibit EX 14 - Deposition of James Klenk - VOL II, #14 Exhibit EX 15 - Exhibit 119, #15 Exhibit EX 16 - Write Off Policy Procedures, #16 Exhibit EX 17 - Rod Ermel Agreed Upon Procedure Letter, #17 Exhibit EX 18 - Deposition of James Klenk VOL !, #18 Exhibit EX 19, #19 Exhibit EX 20, #20 Exhibit EX 21 Deposition of Victoria Villarose, #21 Exhibit EX 22 FLEETWOOD QUICKBOOKS Transaction Export, #22 Exhibit EX 23 PAR FUNDING APPLICATIONS, #23 Exhibit EX 24 Brochures, #24 Exhibit EX 25 Declaration of Anthony Bernato, #25 Exhibit EX 26 Euler Policy Declaration, #26 Exhibit EX 27 Declaration of Ariel Benjamin Mannes) (Soto, Alejandro)
October 4, 2021 Opinion or Order Filing 804 Joint MOTION for Partial Summary Judgment and Incorporated Memorandum of Law by Joseph Cole Barleta, Joseph W. LaForte, Lisa Mcelhone. Responses due by 10/18/2021 (Attachments: #1 Exhibit Ex 1, #2 Exhibit EX 2 - Rutledge Depo - VOL II, #3 Exhibit EX 3 - CBSG Funding Analysis KPI 0519 CBSG-Receiver, #4 Exhibit EX 4 - Deposition of Joseph Cole, #5 Exhibit EX 5 - Email from Cole, #6 Exhibit EX 6 - Declaration of Dan Cistone, #7 Exhibit EX 7 - Declaration of Dilip Limaye, #8 Exhibit EX 8 - Declaration of Jose Alves, #9 Exhibit EX 9 - Declaration of Steve Wittmer, #10 Exhibit EX 10 - Deposition of Perry Abbonizio -, #11 Exhibit EX 11 - Second Declaration of Joel Glick, #12 Exhibit EX 12 - Deposition of Joel Glick, #13 Exhibit EX 13 - Expert Report by Melissa Davis CPA, #14 Exhibit EX 14 - Deposition of James Klenk - VOL II, #15 Exhibit EX 15 - Exhibit 119, #16 Exhibit EX 16 - Write Off Policy Procedures, #17 Exhibit EX 17 - Rod Ermel Agreed Upon Procedure Letter, #18 Exhibit EX 18 - Deposition of James Klenk VOL !, #19 Exhibit EX 19, #20 Exhibit EX 20, #21 Exhibit EX 21 Deposition of Victoria Villarose, #22 Exhibit EX 22 FLEETWOOD QUICKBOOKS Transaction Export, #23 Exhibit EX 23 PAR FUNDING APPLICATIONS, #24 Exhibit EX 24 Brochures, #25 Exhibit EX 25 Declaration of Anthony Bernato, #26 Exhibit EX 26 Euler Policy Declaration, #27 Exhibit EX 27 Declaration of Ariel Benjamin Mannes, #28 Exhibit EX 28 Email, #29 Exhibit EX 29 Letter from Cole to Vagnozzi - July 2019, #30 Exhibit EX 30 B.Berman Depo)(Soto, Alejandro)
October 4, 2021 Opinion or Order Filing 803 MOTION in Limine to Exclude Report and Opinion of Melissa Davis by Lisa Mcelhone. (Attachments: #1 Exhibit A, Expert Report of Melissa Davis, #2 Exhibit B. Expert Rebuttal Report of Joel Glick, #3 Exhibit C, Transcript of Dec. 15, 2020 Status Conference, #4 Exhibit D, Deposition Transcript of Davis, #5 Exhibit E, Deposition Transcript of Klenk)(Soto, Alejandro)
October 4, 2021 Opinion or Order Filing 802 MOTION to Lift Litigation Injunction (17th Motion) as to Certain Garnishment Proceedings and to Allow Receiver to Enter into a Stipulation to Permit the Sale of 115 Black Birch Lane, Beech Mountain, NC re #141 Order by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
October 4, 2021 Opinion or Order Filing 801 ORDER GRANTING RECEIVER'S MOTION TO LIFT THE LITIGATION INJUNCTION TO ALLOW COMMENCEMENT OF PROCEEDINGS AGAINST B & T SUPPLIES INC., TZVI "STEPHEN" ODZER, AND B & T RELATED ENTITIES. Signed by Judge Rodolfo A. Ruiz, II on 10/4/2021. See attached document for full details. (ob)
October 3, 2021 Opinion or Order Filing 800 RESPONSE in Opposition re #776 Defendant's MOTION for Sanctions for obstructing 30(b)(6) depositions MOTION for Discovery , #746 Second MOTION to Dismiss #119 Amended Complaint/Amended Notice of Removal, #1 Complaint, Pursuant to Rule 41 MOTION for Sanctions Pursuant to 28 USC 1927 filed by Securities & Exchange Commission. Replies due by 10/12/2021. (Attachments: #1 Exhibit Exhibit A, Chart, July Deposition Questions, SEC Responses, #2 Exhibit Exhibit B, Email, #3 Exhibit Exhibit C, Defendants' Exhibit C to DE 776, with SEC Responses, #4 Exhibit Exhibit D, Defendants' Exhibit 5 to DE 746, with SEC response)(Berlin, Amie)
October 3, 2021 Opinion or Order Filing 799 MOTION to Lift the Litigation Injunction to Allow Commencement of Proceedings Against B & T Supplies Inc., Tzvi Stephen Odzer, and the B&T Related Entities re #141 Order by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Email Invitation from T. Odzer to J. LaForte Dated January 31, 2016, #2 Exhibit 2 - Email Invitation from T. Odzer to J. LaForte Dated July 14, 2016, #3 Exhibit 3 - Email Invitation from T. Odzer to J. LaForte Dated July 28, 2018, #4 Exhibit 4 - Commercial Promissory Note with Eagle Six Dated March 14, 2019, #5 Exhibit 5 - Email Correspondence Dated April 22, 2020, #6 Exhibit 6 - "Promise to Pay Back Money" Dated April 17, 2020, #7 Exhibit 7 - Email Correspondence Dated May 4, 2020, #8 Exhibit 8 - Email Correspondence Dated June 14, 2020, #9 Exhibit 9 - Proposed Order)(Kolaya, Timothy)
October 1, 2021 Opinion or Order Filing 798 PAPERLESS ORDER granting #797 Plaintiff Securities and Exchange Commission's Unopposed Motion for One Day Extension of Time to File Responses. Plaintiff shall file its response on or before October 2, 2021. Signed by Judge Rodolfo A. Ruiz, II on 10/1/2021. (ob)
October 1, 2021 Opinion or Order Filing 797 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #776 Defendant's MOTION for Sanctions for obstructing 30(b)(6) depositions MOTION for Discovery , #746 Second MOTION to Dismiss #119 Amended Complaint/Amended Notice of Removal, #1 Complaint, Pursuant to Rule 41 MOTION for Sanctions Pursuant to 28 USC 1927 by Securities & Exchange Commission. (Attachments: #1 Text of Proposed Order)(Levenson, Robert)
September 29, 2021 Opinion or Order Filing 796 PAPERLESS ORDER regarding Oral Argument set for 10/6/21 at 01:00 PM before Judge Reinhart. The Zoom link can be accessed at https://www.zoomgov.com/j/1613991923?pwd=REQ0RXB3NXRmVDdKamcxb1V1Nlgwdz09. The Meeting ID is 161 399 1923. The Passcode is 465902. Signed by Magistrate Judge Bruce E. Reinhart on 9/29/2021. (jgy)
September 28, 2021 Opinion or Order Filing 795 ORDER DENYING WITHOUT PREJUDICE NON-PARTIES' MOTION TO INTERVENE AND LIFT LITIGATION INJUNCTION. Signed by Judge Rodolfo A. Ruiz, II on 9/28/2021. See attached document for full details. (ob)
September 28, 2021 Opinion or Order Filing 794 MOTION to Intervene and Lift Litigation Injunction to Allow Them to Proceed with Foreclosure Claims by Pinetree Financial Corporation, Pinetree Partners Lending LLC, River Bend Corporation. (Attachments: #1 Exhibit Note, Mortgage, Etc., for 5370 Property, #2 Exhibit Note, Mortgage, Etc., for 5010 Property, #3 Exhibit Note, Mortgage, Etc., for 43625/5381/43585 Property, #4 Exhibit Note, Mortgage, Etc., for TBD Property, #5 Exhibit Note, Mortgage, Etc., for 43160/43993 Property, #6 Text of Proposed Order)(Gache, Ronald)
September 23, 2021 Opinion or Order Filing 793 TRANSCRIPT of Motion Hearing via Zoom held on 9-20-2021 before Judge Rodolfo A. Ruiz, II, 1-72 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 10/14/2021. Redacted Transcript Deadline set for 10/25/2021. Release of Transcript Restriction set for 12/22/2021. (gbx)
September 22, 2021 Opinion or Order Filing 792 PAPERLESS ORDER granting #791 Unopposed Motion to Modify the Scheduling Order Solely to Extend the September 24, 2021, Deadline. All parties shall file all pre-trial motions, including Motions for Summary Judgment and Daubert Motions on or before October 4, 2021. Signed by Judge Rodolfo A. Ruiz, II on 9/22/2021. (ob)
September 22, 2021 Opinion or Order Filing 791 MOTION for Extension of Time Unopposed Motion to Modify Scheduling Order Solely to Extend the September 24, 2021 Deadline re #521 Order on Motion for Extension of Time,, by Joseph Cole Barleta, Joseph W. LaForte, Lisa Mcelhone. Responses due by 10/6/2021 (Levine, Joshua)
September 22, 2021 Opinion or Order Filing 790 NOTICE of Compliance Joint Notice of Compliance by Securities & Exchange Commission re #739 Order on Motion for Miscellaneous Relief, Order on Motion to Dismiss (Berlin, Amie)
September 22, 2021 Opinion or Order Filing 789 PAPERLESS Order taking under advisement #746 Defendant LaForte's Second Motion to Dismiss and for Sanctions and #776 Defendant LaForte's Motion for Sanctions for Discovery Violations and Setting Hearing on the Motions. The Court anticipates the SEC will be filing its singular Response to both Motions on or before October 1, 2021. Defendant LaForte is NOT authorized to file a Reply in support of either motion. The Court will hold Oral Argument on the Motions on Wednesday, 10/6/2021 at 01:00 PM before Magistrate Judge Bruce E. Reinhart. Oral argument will take place via Zoom. Zoom instructions will be provided prior to the hearing. Signed by Magistrate Judge Bruce E. Reinhart on 9/22/2021. (jgy)
September 21, 2021 Opinion or Order Filing 788 ORDER ON DEFENDANT DEAN VAGNOZZI'S MOTION FOR CLARIFICATION, OR IN THE ALTERNATIVE, LIMITED RELIEF FROM THE STAY OF LITIGATION. Signed by Judge Rodolfo A. Ruiz, II on 9/21/2021. See attached document for full details. (ob)
September 20, 2021 Opinion or Order Filing 787 PAPERLESS ORDER granting #786 Plaintiff's Motion for Order to Withdraw #757 Securities and Exchange Commission's Motion for Order to Show Cause Why Defendant Lisa McElhone and her Former Counsel Should Not Be Held in Contempt of Court. Signed by Judge Rodolfo A. Ruiz, II on 9/20/2021. (ob)
September 20, 2021 Opinion or Order Filing 786 Plaintiff's MOTION to Withdraw Document DE 757 by Securities & Exchange Commission. Responses due by 10/4/2021 (Attachments: #1 Text of Proposed Order)(Berlin, Amie)
September 20, 2021 Opinion or Order Filing 785 NOTICE of Attorney Appearance by Scott Adam Simon on behalf of Pinetree Financial Corporation, Pinetree Partners Lending LLC, River Bend Corporation. Attorney Scott Adam Simon added to party Pinetree Financial Corporation(pty:intv), Attorney Scott Adam Simon added to party Pinetree Partners Lending LLC(pty:intv), Attorney Scott Adam Simon added to party River Bend Corporation(pty:intv). (Simon, Scott)
September 20, 2021 Opinion or Order Filing 784 NOTICE of Attorney Appearance by Ronald Matthew Gache on behalf of River Bend Corporation, Pinetree Financial Corporation, Pinetree Partners Lending LLC. Attorney Ronald Matthew Gache added to party River Bend Corporation(pty:intv), Attorney Ronald Matthew Gache added to party Pinetree Financial Corporation(pty:intv), Attorney Ronald Matthew Gache added to party Pinetree Partners Lending LLC(pty:intv). (Gache, Ronald)
September 20, 2021 Opinion or Order Filing 783 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Motion Hearing held on 9/20/2021 re #762 MOTION to Strike #757 Plaintiff's MOTION for Order to Show Cause. Argument heard. Order to follow. Attorney Appearance(s): Peter Harlan Levitt, Amie Riggle Berlin, Timothy Andrew Kolaya, David Lawrence Ferguson, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov. (gp)
September 20, 2021 Opinion or Order Filing 782 CLERK'S NOTICE of Compliance by Sealing 754 Order pursuant to #769 Order (nc)
September 19, 2021 Opinion or Order Filing 780 NOTICE by Lisa Mcelhone re #762 MOTION to Strike #757 Plaintiff's MOTION for Order to Show Cause Why Defendant Lisa McElhone and Her Former Counsel Should Not Be Held in Contempt of Court of Joinder in the Motion of Fox Rothschild LLP (ECF 762) to Strike (ECF 757) Plaintiff's Motion for Order to Show Cause (Hirschhorn, Joel)
September 19, 2021 Opinion or Order Filing 779 PAPERLESS ORDER granting #777 Plaintiff's Unopposed Motion for Extension of Time to File Response to #746 Defendant's Second Motion to Dismiss. Plaintiff shall file its Response on or before October 1, 2021, and may respond to the Motion to Dismiss and #776 Defendant's Motion for Sanctions in one Response Brief. Signed by Magistrate Judge Bruce E. Reinhart on 9/19/2021. (jgy)
September 17, 2021 Opinion or Order Filing 781 TRANSCRIPT of Discovery Hearing held on 9/10/21 before Magistrate Judge Bruce E. Reinhart, 1-26 pages, Court Reporter: Joanne Mancari, 305-523-5635. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/8/2021. Redacted Transcript Deadline set for 10/18/2021. Release of Transcript Restriction set for 12/16/2021. (hh)
September 17, 2021 Opinion or Order Filing 778 PAPERLESS ORDER GRANTING #775 John W. Pauciulo and Eckert Seamans Cherin & Mellott, LLC's Corrected Motion and Memorandum to Intervene to File a Response in Opposition to Defendant Dean Vagnozzi's Motion for Clarification, or in the Alternative, Limited Relief from the Stay of Litigation. Exhibit 1 to #775 , John W. Pauciulo and Eckert Seamans Cherin & Mellott, LLC's Opposition to Defendant Dean Vagnozzi's Motion for Clarification, or in the Alternative, Limited Relief from the Stay of litigation is deemed FILED. Given the Corrected Motion #775 , John W. Pauciulo and Eckert Seamans Cherin & Mellott, LLC's Motion and Memorandum to Intervene to File a Response in Opposition to Defendant Dean Vagnozzi's Motion for Clarification, or in the Alternative, Limited Relief from the Stay of Litigation #767 is DENIED as MOOT. Signed by Judge Rodolfo A. Ruiz, II on 9/17/2021. (ob)
September 17, 2021 Opinion or Order Filing 777 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #746 Second MOTION to Dismiss #119 Amended Complaint/Amended Notice of Removal, #1 Complaint, Pursuant to Rule 41 MOTION for Sanctions Pursuant to 28 USC 1927, #753 Order Referring Motion, SEEKING ENLARGEMENT OF TIME TO FILE RESPONSE BRIFE by Securities & Exchange Commission. (Attachments: #1 Text of Proposed Order Proposed Order)(Berlin, Amie)
September 17, 2021 Opinion or Order Filing 776 Defendant's MOTION for Sanctions for obstructing 30(b)(6) depositions, MOTION for Discovery ( Responses due by 10/1/2021) by Joseph W. LaForte. (Attachments: #1 Exhibit First Notice of Deposition, #2 Transcripts First Corporate Representative Deposition Transcript, #3 Exhibit Second Notice of Deposition, #4 Transcripts Second Corporate Representative Deposition Transcript, #5 Exhibit Chart)(Fields, Alexis)
September 17, 2021 Opinion or Order Filing 775 Corrected MOTION to Intervene MOTION AND MEMORANDUM TO INTERVENE TO FILE A RESPONSE IN OPPOSITION TO DEFENDANT DEAN VAGNOZZIS MOTION FOR CLARIFICATION, OR IN THE ALTERNATIVE, LIMITED RELIEF FROM THE STAY OF LITIGATION by Eckert Seamans Cherin & Mellott, LLC, John Pauciulo. (Attachments: #1 Exhibit 1)(Damian, Melanie)
September 16, 2021 Opinion or Order Filing 774 NOTICE by Securities & Exchange Commission of Filing Expert Report and Updated Information Concerning Gissas Settlement and Priority Account Transfer (Attachments: #1 Exhibit Exhibit A, Expert Report of Melissa Davis, #2 Exhibit Exhibit B, Priority Account Analysis Prepared by Melissa Davis) (Berlin, Amie)
September 16, 2021 Opinion or Order Filing 773 PAPERLESS ORDER granting #771 Plaintiff's Motion For Partial Relief From Order Regarding Attendance at Informal Settlement Discussion by Securities & Exchange Commission. On behalf of the Securities & Exchange Commission, the Regional Trial Counsel and Senior Trial Counsel may attend the informal settlement discussion, with the Regional Director available to them by telephone. Signed by Judge Rodolfo A. Ruiz, II on 9/16/2021. (ob)
September 16, 2021 Opinion or Order Filing 772 NOTICE of Attorney Appearance by Linda Salup-Schmidt on behalf of Securities & Exchange Commission. Attorney Linda Salup-Schmidt added to party Securities & Exchange Commission(pty:pla). (Salup-Schmidt, Linda)
September 16, 2021 Opinion or Order Filing 771 Plaintiff's MOTION For Partial Relief From Order Regarding Attendance At Informal Settlement Discussion by Securities & Exchange Commission. (Attachments: #1 Text of Proposed Order)(Berlin, Amie)
September 16, 2021 Opinion or Order Filing 770 PAPERLESS ORDER setting hearing via Zoom for September 20th, 2021 at 11:00 a.m. on #762 Motion of Fox Rothschild LLP to strike SEC's Motion #757 For Order to Show Cause Why Defendant Lisa McElhone and her Former Counsel Should Not Be Held in Contempt of Court and Incorporated Memorandum of Law. The Zoom conference can be accessed at https://www.zoomgov.com/j/1604821786?pwd=ZUhGVmhrdW1HOXdZQzFhM3NDM2tqdz09. The Meeting ID is 160 482 1786 and the Passcode is 023197. Signed by Judge Rodolfo A. Ruiz, II on 9/16/2021. (ob)
September 16, 2021 Opinion or Order Filing 769 ORDER granting #766 Motion to Seal DE-754. Signed by Judge Rodolfo A. Ruiz, II on 9/16/2021. See attached document for full details. (gp)
September 16, 2021 Opinion or Order Filing 768 Clerks Notice to Filer re #766 Plaintiff's MOTION to Seal DE-754 . Wrong Event Selected; ERROR - The Filer selected the wrong event. The Event was corrected by the Clerk. It is not necessary to refile this document. (nc)
September 15, 2021 Opinion or Order Filing 767 MOTION to Intervene AND MEMORANDUM TO INTERVENE TO FILE A RESPONSE IN OPPOSITION TO DEFENDANT DEAN VAGNOZZIS MOTION FOR CLARIFICATION, OR IN THE ALTERNATIVE, LIMITED RELIEF FROM THE STAY OF LITIGATION by Eckert Seamans Cherin & Mellott, LLC, John Pauciulo. (Attachments: #1 Exhibit 1)(Damian, Melanie)
September 15, 2021 Opinion or Order Filing 766 Plaintiff's MOTION to Seal DE-754 by Securities & Exchange Commission. (Attachments: #1 Text of Proposed Order)(Berlin, Amie) Modified Event on 9/16/2021 (nc).
September 15, 2021 Opinion or Order Filing 765 CLERK'S NOTICE of Compliance by Sealing [757-4] pursuant to #764 Order (nc)
September 15, 2021 Opinion or Order Filing 764 ORDER Granting #758 Expedited Motion to Seal ECF No. 757-4. Signed by Judge Rodolfo A. Ruiz, II on 9/15/2021. See attached document for full details. (nc)
September 15, 2021 Opinion or Order Filing 763 RESPONSE in Opposition re #742 Defendant's MOTION for clarification #141 Order or in the Alternative, Limited Relief From the Stay of Litigation filed by Ryan K Stumphauzer. Replies due by 9/22/2021. (Kolaya, Timothy)
September 15, 2021 Opinion or Order Filing 762 MOTION to Strike #757 Plaintiff's MOTION for Order to Show Cause Why Defendant Lisa McElhone and Her Former Counsel Should Not Be Held in Contempt of Court by Fox Rothschild LLP. Responses due by 9/29/2021 (Levitt, Peter)
September 15, 2021 Opinion or Order Filing 761 NOTICE of Attorney Appearance by Alise Meredith Johnson on behalf of Securities & Exchange Commission. Attorney Alise Meredith Johnson added to party Securities & Exchange Commission(pty:pla). (Johnson, Alise)
September 15, 2021 Opinion or Order Filing 760 NOTICE of Attorney Appearance by Robert Kent Levenson on behalf of Securities & Exchange Commission. Attorney Robert Kent Levenson added to party Securities & Exchange Commission(pty:pla). (Levenson, Robert)
September 15, 2021 Opinion or Order Filing 759 Clerks Notice to Filer re #758 EXPEDITED MOTION To Seal ECF No 757-4 . Wrong Event Selected; ERROR - The Filer selected the wrong event. The Event was corrected by the Clerk. It is not necessary to refile this document. (nc)
September 15, 2021 Opinion or Order Filing 758 EXPEDITED MOTION To Seal ECF No 757-4 by Securities & Exchange Commission. (Attachments: #1 Exhibit Ex. A, ECF No 757-4 Redacted, #2 Text of Proposed Order)(Berlin, Amie) Modified Event on 9/15/2021 (nc).
September 14, 2021 Opinion or Order SYSTEM ENTRY - Docket Entry 754 [motion] restricted/sealed until further notice. (nc)
September 14, 2021 Opinion or Order Filing 757 Plaintiff's MOTION for Order to Show Cause Why Defendant Lisa McElhone and Her Former Counsel Should Not Be Held in Contempt of Court by Securities & Exchange Commission. (Attachments: #1 Exhibit 1. SEC Complaint Email, #2 Exhibit 2. CBSG Letter to Alfano, #3 Exhibit 3. Emails re Computers-financials-emails, #4 Exhibit 4. Fox Rothschild ACH Email, #5 Exhibit 5. Kingdom Logistics Chart, #6 Exhibit 6. Lawsuit TX Property, #7 Exhibit 7. Checks, #8 Exhibit 8. Lacquer Lounge Corp Docs, #9 Exhibit 9. Declaration, #10 Exhibit 10 Special Warranty Deed, #11 Exhibit 11. Special Warranty Deed, #12 Text of Proposed Order)(Berlin, Amie)
September 14, 2021 Opinion or Order Filing 756 PAPERLESS ORDER granting #755 Motion to Withdraw Document 754. Signed by Judge Rodolfo A. Ruiz, II on 9/14/2021. (ob)
September 14, 2021 Opinion or Order Filing 755 Plaintiff's MOTION to Withdraw Document 754 Plaintiff's MOTION for Order to Show Cause Why Defendant Lisa McElhone and Her Former Counsel Should Not Be Held in Contempt of Court by Securities & Exchange Commission. Responses due by 9/28/2021 (Attachments: #1 Text of Proposed Order)(Berlin, Amie)
September 12, 2021 Opinion or Order Filing 753 ORDER REFERRING #746 Second MOTION to Dismiss #119 Amended Complaint/Amended Notice of Removal, #1 Complaint, Pursuant to Rule 41 MOTION for Sanctions Pursuant to 28 USC 1927 filed by Joseph W. LaForte. Motions referred to Judge Bruce E. Reinhart. Signed by Judge Rodolfo A. Ruiz, II on 9/10/2021. See attached document for full details. (drz)
September 10, 2021 Opinion or Order Filing 752 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Discovery Hearing held on 9/10/2021. Total time in court: 0 hour(s) : 40 minutes. MINUTE ORDER. Taking under advisement the issues outlined at DE #750 and, for the reasons stated on the record at the Discovery Hearing, ordering Defendant LaForte to file a motion stating the specific relief he requests and the arguments in support of said request for relief. The deadline to file the motion is September 17, 2021 at 5:00pm. Plaintiff shall file its response in accordance with the Local Rules. Signed by Magistrate Judge Bruce E. Reinhart on 9/10/2021. (Digital BER_1_9.10.2021) (jgy)
September 9, 2021 Opinion or Order Filing 751 ORDER PROVIDING INSTRUCTIONS FOR JURY TRIAL. Signed by Judge Rodolfo A. Ruiz, II on 9/8/2021. See attached document for full details. (drz)
September 9, 2021 Opinion or Order Filing 750 MEMORANDUM of Law re 743 Order Setting/Cancelling Hearing,,,, Joint Discovery Memorandum of Plaintiff Securities and Exchange Commission and Defendant Joseph LaForte in Advance of the September 10, 2021 Discovery Hearing by Securities & Exchange Commission. (Attachments: #1 Exhibit 1. Letter, #2 Exhibit 2. Re-Notice, #3 Exhibit 3 Objections Conferred, #4 Exhibit 4. SEC v Merkin)(Berlin, Amie)
September 9, 2021 Opinion or Order Filing 749 PAPERLESS ORDER granting #748 Plaintiff SEC's Motion for Extension of Time to File Joint Discovery Memorandum. The SEC shall file the combined Joint Discovery Memo by 3:00pm today, September 9, 2021. Signed by Magistrate Judge Bruce E. Reinhart on 9/9/2021. (jgy)
September 9, 2021 Opinion or Order Filing 748 Plaintiff's MOTION for Extension of Time to File Joint Discovery Memorandum by Securities & Exchange Commission. Responses due by 9/23/2021 (Attachments: #1 Exhibit A Letter, #2 Text of Proposed Order)(Berlin, Amie)
September 7, 2021 Opinion or Order Filing 747 ORDER GRANTING THE RECEIVERS MOTION TO LIFT THE LITIGATION STAY TO ALLOW COMMENCEMENT OF PROCEEDINGS AGAINST: (1) JRC PAINTING, LLC d/b/a C&C PAINTING AND JOSEPH R. CANTY; AND (2) DANIEL SCARAMELLINO. Signed by Judge Rodolfo A. Ruiz, II on 9/7/2021. See attached document for full details. (ob)
September 3, 2021 Opinion or Order Filing 746 Second MOTION to Dismiss #119 Amended Complaint/Amended Notice of Removal, #1 Complaint, Pursuant to Rule 41 ( Responses due by 9/17/2021), MOTION for Sanctions Pursuant to 28 USC 1927 by Joseph W. LaForte. (Attachments: #1 Transcripts First Corporate Representative Deposition, #2 Transcripts Second Corporate Representative Deposition, #3 Exhibit Chart)(Fields, Alexis)
September 3, 2021 Opinion or Order Filing 745 MOTION to Lift the Litigation Injunction to Allow Commencement of Collection Proceedings Involving: (1) JRC Painting, LLC d/b/a C&C Painting and Joseph R. Canty; and (2) Daniel Scaramellino re #141 Order by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - MCA Agreements with JRC Painting, #2 Exhibit 2 - Account Summary for JRC Painting, #3 Exhibit 3 - Scaramellino Loan Agreement, #4 Exhibit 4 - Eagle Six Check to Scaramellino and Bank Statement, #5 Exhibit 5 - Email from Scaramellino to LaForte, #6 Exhibit 6 - Par Funding Wire Transfer to Chessler Holdings, #7 Exhibit 7 - February 28, 2020 Eagle Six Wire Transfer to Scaramellino, #8 Exhibit 8 - March 3, 2020 Eagle Six Wire Transfer to Scaramellino, #9 Exhibit 9 - Secured Convertible Line of Credit Note, #10 Exhibit 10 - Scaramellinos Account Summary, #11 Exhibit 11 - Proposed Order)(Kolaya, Timothy)
September 2, 2021 Opinion or Order Filing 744 TRANSCRIPT of Motion Hearing held on 8-25-2021 before Judge Rodolfo A. Ruiz, II, 1-292 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 9/23/2021. Redacted Transcript Deadline set for 10/4/2021. Release of Transcript Restriction set for 12/1/2021. (gbx)
September 1, 2021 Opinion or Order Filing 743 PAPERLESS Order setting Discovery Hearing at the request of the parties for 9/10/2021 at 02:30 PM before Magistrate Judge Bruce E. Reinhart. Counsel, parties, or members of the public can attend by using the following instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Counsel should dial in from a landline if possible; cellphone attendees, after noting appearance, and members of the public must remain on mute. Prior to the hearing, the parties shall file a joint discovery memorandum of five pages or less (1) specifying the substance of the discovery matter(s) to be heard, (2) certifying that the parties have complied with the pre-hearing communication requirement, and (3) attaching a copy of all source materials relevant to the discovery dispute (e.g., if the dispute concerns interrogatories, the interrogatories at issue and any responses thereto shall be provided to Chambers). Signed by Magistrate Judge Bruce E. Reinhart on 9/1/2021. (jgy)
September 1, 2021 Opinion or Order Filing 742 Defendant's MOTION for clarification #141 Order or in the Alternative, Limited Relief From the Stay of Litigation by Dean J Vagnozzi. Responses due by 9/15/2021 (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E)(Miller, Brian)
August 31, 2021 Opinion or Order Filing 741 PAPERLESS Order Cancelling Discovery Hearing set for 9/1/2021 at 3:00PM before Magistrate Judge Reinhart in order to allow the parties more time to confer. The parties have been directed to let Judge Reinhart's chambers know (by emailing reinhart@flsd.uscourts.gov) if, after conferral, they believe there are remaining discovery disputes for Judge Reinhart to address. Signed by Magistrate Judge Bruce E. Reinhart on 8/31/2021. (jgy)
August 30, 2021 Opinion or Order Filing 740 PAPERLESS Order setting Discovery Hearing at the request of the parties for 9/1/2021 at 03:00 PM before Magistrate Judge Bruce E. Reinhart. Counsel, parties, or members of the public can attend by using the following instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Counsel should dial in from a landline if possible; cellphone attendees, after noting appearance, and members of the public must remain on mute. Prior to the hearing, the parties shall file a joint discovery memorandum of five pages or less (1) specifying the substance of the discovery matter(s) to be heard, (2) certifying that the parties have complied with the pre-hearing communication requirement, and (3) attaching a copy of all source materials relevant to the discovery dispute (e.g., if the dispute concerns interrogatories, the interrogatories at issue and any responses thereto shall be provided to Chambers). Signed by Magistrate Judge Bruce E. Reinhart on 8/30/2021. (jgy)
August 27, 2021 Opinion or Order Filing 739 ORDER denying #649 Motion to Discharge the Receiver; denying 663 Motion to Dismiss. Signed by Judge Rodolfo A. Ruiz, II on 8/27/2021. See attached document for full details. (as03)
August 27, 2021 Opinion or Order Filing 738 NOTICE of Attorney Appearance by Alexis Fields on behalf of Joseph W. LaForte. Attorney Alexis Fields added to party Joseph W. LaForte(pty:dft). (Fields, Alexis)
August 27, 2021 Opinion or Order Filing 737 NOTICE by Joseph Cole Barleta, Joseph W. LaForte, Lisa Mcelhone re #727 Response/Reply (Other), Notice of Correction to Case Citation within Defendants' Reply in Support of (D.E. 663) Defendants' Motion to Dismiss the Amended Complaint Due to Misconduct by the Securities and Exchange Commission and Related Constitutional Violations (Attachments: #1 Exhibit) (Ferguson, David)
August 27, 2021 Opinion or Order Filing 736 Clerks Notice to Filer re 728 Sealed Document,. Document Not Captioned; In the future please file a Notice of Filing with the attache Exhibits with the proper caption pursuant to Local Rules. It is not necessary to refile this document. (nc)
August 26, 2021 Opinion or Order Filing 735 ORDER granting #733 Receiver's Sixteenth Motion to Lift Litigation Injunction as to Certain Garnishment Proceedings and to Allow Receiver to Release or Remove Security Agreements. Signed by Judge Rodolfo A. Ruiz, II on 8/26/2021. See attached document for full details. (as03)
August 26, 2021 Opinion or Order Filing 734 ORDER granting #699 Receiver Ryan K. Stumphauzers Fourth Application for Allowance and Payment of Professionals Fees and Reimbursement of Expenses for April 1, 2021 July 31, 2021. Signed by Judge Rodolfo A. Ruiz, II on 8/26/2021. See attached document for full details. (obt)
August 26, 2021 Opinion or Order Filing 733 MOTION (16th Motion) to Lift Litigation Injunction as to Certain Garnishment Proceedings and to Authorize Receiver to Release or Remove Security Agreement re #141 Order by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
August 25, 2021 Opinion or Order Filing 732 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Motion Hearing held on 8/25/2021 re #649 MOTION to Discharge the Receiver, 663 Sealed MOTION. Argument heard. 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 24, 2021 Opinion or Order Filing 731 PAPERLESS ORDER granting #730 Plaintiff's Motion to Appear By Zoom. Signed by Judge Rodolfo A. Ruiz, II on 8/24/2021. (as03)
August 24, 2021 Opinion or Order Filing 730 Plaintiff's MOTION for Leave to Appear Via Zoom at Hearing on August 25, 2021 by Securities & Exchange Commission. Responses due by 9/7/2021 (Berlin, Amie)
August 24, 2021 Opinion or Order Filing 729 NOTICE of Attorney Appearance by Zachary Paul Hyman on behalf of Michael C Furman. Attorney Zachary Paul Hyman added to party Michael C Furman(pty:dft). (Hyman, Zachary)
August 24, 2021 Opinion or Order SYSTEM ENTRY - Docket Entry 728 [misc] restricted/sealed until further notice. (687416)
August 23, 2021 Opinion or Order Filing 727 REPLY in Support of [D.E.663] Defendants' Motion to Dismiss the Amended Complaint due to Misconduct by the Securities and Exchange Commission and Related Constitutional Violations by Joseph Cole Barleta, Joseph W. LaForte, Lisa Mcelhone. (Attachments: #1 Exhibit, #2 Exhibit)(Ferguson, David)
August 23, 2021 Opinion or Order Filing 726 PAPERLESS ORDER granting #724 Defendant's Unopposed Motion to Appear at Hearing via Videoconference. Signed by Judge Rodolfo A. Ruiz, II on 8/23/2021. (as03)
August 23, 2021 Opinion or Order Filing 725 PAPERLESS ORDER granting #723 Defendant's Motion to File Materials Under Seal in Support of Reply in Support of Motion to Dismiss. Signed by Judge Rodolfo A. Ruiz, II on 8/23/2021. (as03)
August 23, 2021 Opinion or Order Filing 724 Unopposed MOTION for Leave to Appear Motion to Appear At Hearing Via Video Conference on August 25, 2021 at 10:00 A.M. . Attorney/Representative: Bettina Schein, Esq. by Joseph Cole Barleta. Responses due by 9/7/2021 (Raikhelson, Andre)
August 23, 2021 Opinion or Order Filing 723 Defendant's MOTION to Seal Defendants' Motion to File Materials Under Seal in Support of Reply in Support of Motion to Dismiss [DE#663] per Local Rule 5.4 by Joseph Cole Barleta, Joseph W. LaForte, Lisa Mcelhone. (Ferguson, David)
August 23, 2021 Opinion or Order Filing 722 Amended ANSWER and Affirmative Defenses to Complaint with Jury Demand by Joseph Cole Barleta. (Raikhelson, Andre)
August 23, 2021 Opinion or Order Filing 721 NOTICE of Striking #717 Answer to Complaint filed by Joseph Cole Barleta by Joseph Cole Barleta (Hirschhorn, Joel)
August 23, 2021 Opinion or Order Filing 720 Clerks Notice to Filer re #717 Answer to Complaint. Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match the typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and Local Rule 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (drz)
August 22, 2021 Opinion or Order Filing 719 PAPERLESS ORDER regarding #699 Receiver, Ryan K. Stumphauzer's Fourth Application for Allowance and Payment of Professionals' Fees and Reimbursement of Expenses for April 1, 2021 - June 30, 2021 ("Application"). To the extent any parties intend to file objections to the Application, they shall notify the Court of their intent to do so by Wednesday, August 25, 2021. Signed by Judge Rodolfo A. Ruiz, II on 8/22/2021. (as03)
August 22, 2021 Opinion or Order Filing 718 PAPERLESS ORDER granting #715 Defendants Lisa McElhone and Joseph Cole Barleta's Unopposed Motion for an Extension of One Day. Ms. McElhone and Mr. Barleta's Amended Answers, filed on August 21, 2021, are deemed timely filed. Signed by Judge Rodolfo A. Ruiz, II on 8/22/2021. (as03)
August 21, 2021 Opinion or Order Filing 717 STRICKEN per DE#721 -Amended ANSWER and Affirmative Defenses to Complaint with Jury Demand by Joseph Cole Barleta. (Hirschhorn, Joel) Modified on 8/24/2021 (drz).
August 21, 2021 Opinion or Order Filing 716 Amended ANSWER and Affirmative Defenses to Complaint with Jury Demand by Lisa Mcelhone. (Hirschhorn, Joel)
August 21, 2021 Opinion or Order Filing 715 Unopposed MOTION for Extension of Time to File Response/Reply/Answer and Affirmative Defenses to the Amended Complaint by Joseph Cole Barleta, Lisa Mcelhone. (Hirschhorn, Joel)
August 20, 2021 Opinion or Order Filing 714 Defendant Joseph W. LaForte's Amended ANSWER and Affirmative Defenses to Complaint with Jury Demand to Amended Complaint by Joseph W. LaForte. (Soto, Alejandro)
August 20, 2021 Opinion or Order Filing 713 Defendant Perry Abbonizio's Amended ANSWER and Affirmative Defenses to Complaint with Jury Demand (DE 119 Amended Complaint) by Perry S Abbonizio. (Marcus, Jeffrey)
August 19, 2021 Opinion or Order Filing 712 Defendant Dean Vagnozzi's Second Amended ANSWER and Affirmative Defenses to Complaint (DE 119 Amended Complaint) by Dean J Vagnozzi. (Miller, Brian)
August 18, 2021 Opinion or Order Filing 710 RESPONSE to Motion re #708 Unopposed MOTION to Continue Hearing re 682 Order Setting Hearing on Motion,, and noting the Defendants' lack of conferral with the Receiver filed by Securities & Exchange Commission. Replies due by 8/25/2021. (Berlin, Amie)
August 18, 2021 Opinion or Order Filing 709 PAPERLESS ORDER DENYING #708 Defendants' Unopposed Motion to Continue Hearing on Defendants' Motion to Discharge the Receiver and Motion to Dismiss the Amended Complaint. Following the hearing, the parties may supplement the record with the rebuttal expert reports, which the Court will consider prior to issuing its rulings. Additionally, Mr. Futerfas may participate in the hearing via Zoom using the link provided in ECF No. 705 or may rely on fellow counsel for Defendants to present argument on the Motions. Signed by Judge Rodolfo A. Ruiz, II on 8/18/2021. (as03)
August 18, 2021 Opinion or Order Filing 708 Unopposed MOTION to Continue Hearing re 682 Order Setting Hearing on Motion,, by Lisa Mcelhone. Responses due by 9/1/2021 (Hirschhorn, Joel)
August 18, 2021 Opinion or Order SYSTEM ENTRY - Docket Entry 707 [misc] restricted/sealed until further notice. (926169)
August 18, 2021 Opinion or Order SYSTEM ENTRY - Docket Entry 711 [misc] restricted/sealed until further notice. (926169)
August 17, 2021 Opinion or Order Filing 706 PAPERLESS ORDER granting #704 Defendants' Unopposed Motion for Additional Pages. Defendants are permitted to exceed the page limit on their reply by five (5) pages. Signed by Judge Rodolfo A. Ruiz, II on 8/17/2021. (as03)
August 17, 2021 Opinion or Order Filing 705 PAPERLESS ORDER REGARDING AUGUST 25, 2021 HEARING. For clarity, the hearing will take place in person with the parties, the Receiver, and their counsel only. Given social distancing requirements and space limitations, any investors or members of the public who wish to observe the hearing can do so via Zoom videoconference using the following link: https://www.zoomgov.com/j/1619744838?pwd=WHdZT2QxaGJIYXpFcXgvbVRrOG1pUT09. The Meeting ID is 161 974 4838 and the Passcode is 008465. Signed by Judge Rodolfo A. Ruiz, II on 8/17/2021. (as03)
August 17, 2021 Opinion or Order Filing 704 MOTION Defendants' Unopposed Motion for Additional Pages by Joseph Cole Barleta, Joseph W. LaForte, Lisa Mcelhone. (Ferguson, David)
August 17, 2021 Opinion or Order Filing 703 PAPERLESS ORDER REQUIRING EXHIBIT BINDERS. On or before August 20, 2021, Defendants shall deliver to Chambers one hard copy of the exhibits associated with Defendants' Motion to Dismiss Due to Misconduct by the Securities and Exchange Commission [ECF No. 663] as well as any exhibits Defendants plan to submit with their reply in support of that Motionand the SEC shall deliver to Chambers one hard copy of the exhibits associated with its response to the Motion. The exhibits delivered to Chambers must be unredacted. Signed by Judge Rodolfo A. Ruiz, II on 8/17/2021. (gp)
August 17, 2021 Opinion or Order SYSTEM ENTRY - Docket Entry 701 [misc] restricted/sealed until further notice. (926169)
August 17, 2021 Opinion or Order SYSTEM ENTRY - Docket Entry 702 [misc] restricted/sealed until further notice. (926169)
August 16, 2021 Opinion or Order Filing 700 NOTICE by Securities & Exchange Commission re 697 Clerks Notice of Docket Correction and Instruction to Filer - Attorney,, #698 Notice of Striking, Notice of Filing Corrected Pleading (Attachments: #1 Exhibit Chart of Examination of Defendants, #2 Exhibit 12 Production Chart) (Berlin, Amie)
August 16, 2021 Opinion or Order Filing 699 MOTION Receiver's Fourth Application for Allowance and Payment of Professionals' Fees and Reimbursement of Expenses for April 1, 2021 - June 30, 2021 by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Receiver's Certification, #2 Exhibit 2 - Summary of Total Compensation and Expenses Requested, #3 Exhibit 3(a) - Fee Schedule: Stumphauzer Foslid Sloman Ross & Kolaya, PLLC, #4 Exhibit 3(b) - Fee Schedule: Pietragallo Gordon Alfano Bosick & Raspanti, LLP, #5 Exhibit 3(c) - Fee Schedule: Development Specialists, Inc., #6 Exhibit 3(d) - Fee Schedule: Lawgical Insight, LLC, #7 Exhibit 3(e) - Fee Schedule: H.D. Investigative Group, LLC, #8 Exhibit 3(f) - Fee Schedule: Fox Rothschild, #9 Exhibit 4(a) - Time Records: Stumphauzer Foslid Sloman Ross & Kolaya, PLLC, #10 Exhibit 4(b) - Time Records: Pietragallo Gordon Alfano Bosick & Raspanti, LLP, #11 Exhibit 4(c) - Time Records: Development Specialists, Inc., #12 Exhibit 4(d) - Time Records: Lawgical Insight, LLC, #13 Exhibit 4(e) - Time Records: H.D. Investigative Group, LLC, #14 Exhibit 4(f) - Time Records: Fox Rothschild)(Kolaya, Timothy)
August 16, 2021 Opinion or Order Filing 698 NOTICE of Striking #692 Response in Opposition to Motion, filed by Securities & Exchange Commission, 697 Clerks Notice of Docket Correction and Instruction to Filer - Attorney,, by Securities & Exchange Commission (Berlin, Amie)
August 16, 2021 Opinion or Order Filing 697 Clerks Notice to Filer re #692 Response in Opposition to Motion,. Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match the typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and Local Rule 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (drz)
August 16, 2021 Opinion or Order Filing 696 PAPERLESS ORDER granting #689 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for attorney George Bochetto. Signed by Judge Rodolfo A. Ruiz, II on 8/16/2021. (as03)
August 16, 2021 Opinion or Order Filing 695 PAPERLESS ORDER granting #688 Motion to Withdraw as Counsel for Lisa McElhone. Michael F. Bachner, Esq. is hereby withdrawn and relieved of any further responsibility as counsel for Lisa McElhone in this action. Signed by Judge Rodolfo A. Ruiz, II on 8/16/2021. (as03)
August 15, 2021 Opinion or Order Filing 694 PAPERLESS ORDER granting #693 Plaintiff's Motion to File Exhibits Under Seal. Signed by Judge Rodolfo A. Ruiz, II on 8/15/2021. (as03)
August 15, 2021 Opinion or Order Filing 693 MOTION for Leave to File Exhibits to DE 692 under seal pursuant to the Protective Order by Securities & Exchange Commission. (Attachments: #1 Text of Proposed Order proposed order)(Berlin, Amie)
August 14, 2021 Opinion or Order Filing 692 STRICKEN per DE#698 -RESPONSE in Opposition re #684 Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer and MOTION for Leave to File Excess Pages filed by Securities & Exchange Commission. Replies due by 8/23/2021. (Berlin, Amie) Modified on 8/16/2021 (drz).
August 14, 2021 Opinion or Order Filing 691 RESPONSE in Opposition re #684 Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer and MOTION for Leave to File Excess Pages Plaintiffs Response to Defendants Motion to Dismiss DE 663 filed by Securities & Exchange Commission. Replies due by 8/23/2021. (Attachments: #1 Exhibit 1 Laforte Email to Berman, #2 Exhibit 2. USAO Response Brief, #3 Exhibit 3 Berman Email, #4 Exhibit 4. Vagnozzi Email, #5 Exhibit 5. Heskin Declaration, #6 Exhibit 6. LaForte Emails About Heskin, #7 Exhibit 7 Powerpoint Presentation from PI Hearing, #8 Exhibit 8. Berman Email, #9 Exhibit 9. Schmidt Email, #10 Exhibit 10 Schmidt Email, #11 Exhibit 11. June Response to RFP, #12 Exhibit 13. McGinn Order, #13 Exhibit 14 CBSG WebCapture, #14 Exhibit 15 Aug 17 Hearing Transcript, #15 Exhibit 16 Composite of Emails showing drafts to Merchants)(Berlin, Amie)
August 14, 2021 Opinion or Order Filing 690 ORDER granting in part and denying in part #627 Plaintiff Securities and Exchange Commission's Motion to Construe Some Affirmative Defenses as Denials, and to Strike Others. Signed by Judge Rodolfo A. Ruiz, II on 8/13/2021. See attached document for full details. (as03)
August 13, 2021 Opinion or Order Filing 689 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for George Bochetto. Filing Fee $ 200.00 Receipt # AFLSDC-14926909 by Dean J Vagnozzi. Responses due by 8/27/2021 (Attachments: #1 Certification, #2 Text of Proposed Order)(Miller, Brian)
August 13, 2021 Opinion or Order Filing 688 MOTION to Withdraw as Attorney by Michael Bachner for / by Lisa Mcelhone. Responses due by 8/27/2021 (Attachments: #1 Text of Proposed Order)(Hirschhorn, Joel)
August 12, 2021 Opinion or Order Filing 687 NOTICE by Securities & Exchange Commission (Berlin, Amie)
August 12, 2021 Opinion or Order SYSTEM ENTRY - Docket Entry 686 [misc] restricted/sealed until further notice. (687416)
August 11, 2021 Opinion or Order Filing 685 PAPERLESS ORDER granting #684 Plaintiff Securities and Exchange Commission's Motion for Extension of Time and for Additional Pages. Plaintiff shall file its response on or before August 14, 2021 and is permitted to exceed the page limit by 10 pages. Signed by Judge Rodolfo A. Ruiz, II on 8/11/2021. (as03)
August 11, 2021 Opinion or Order Filing 684 Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer and, MOTION for Leave to File Excess Pages by Securities & Exchange Commission. (Attachments: #1 Text of Proposed Order)(Berlin, Amie)
August 10, 2021 Opinion or Order Filing 683 ORDER granting #678 Defendants' Motion to File Exhibit F to Response to Receiver's Quarterly Status Report Under Seal. Signed by Judge Rodolfo A. Ruiz, II on 8/9/2021. See attached document for full details. (as03)
August 9, 2021 Opinion or Order Filing 682 PAPERLESS ORDER setting hearing for August 25, 2021 at 10:00 A.M. on #649 Defendants' Motion to Discharge the Receiver and #666 Motion to Dismiss the Amended Complaint Due to Misconduct by the Securities and Exchange Commission and Related Constitutional Violations. The hearing will be two hours long and will take place in person in Courtroom 205C at the U.S. Courthouse, 299 E. Broward Boulevard, Fort Lauderdale, Florida. Any requests to appear via videoconference shall be made by motion. Signed by Judge Rodolfo A. Ruiz, II on 8/9/2021. (as03)
August 7, 2021 Opinion or Order Filing 681 REPLY to Response to Motion re #649 MOTION to Discharge the Receiver and Incorporated Memorandum of Law (Corrected Copy) filed by Lisa Mcelhone. (Hirschhorn, Joel)
August 6, 2021 Opinion or Order Filing 680 REPLY to Response to Motion re #649 MOTION to Discharge the Receiver and Incorporated Memorandum of Law filed by Lisa Mcelhone. (Hirschhorn, Joel)
August 6, 2021 Opinion or Order Filing 679 Defendant's RESPONSE to #666 Status Report by Joseph Cole Barleta, Joseph W. LaForte, Lisa Mcelhone. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Ferguson, David)
August 6, 2021 Opinion or Order Filing 678 Defendant's MOTION to Seal in Support of Response to Receiver's Quaterly Status Report per Local Rule 5.4 by Joseph Cole Barleta, Joseph W. LaForte, Lisa Mcelhone. (Ferguson, David)
August 5, 2021 Opinion or Order Filing 677 NOTICE by Securities & Exchange Commission re #676 Reply to Response to Motion, of Filing Demonstrative Aid Reflecting Issues That Are Moot and Those That Remain in Dispute Concerning Motion to Strike Affirmative Defenses (Attachments: #1 Exhibit Demonstrative Aid Chart (Exh B to Reply, DE 676)) (Berlin, Amie)
August 4, 2021 Opinion or Order Filing 676 REPLY to Response to Motion re #670 MOTION for Extension of Time to File Response/Reply/Answer as to #659 Response in Opposition to Motion, filed by Securities & Exchange Commission. (Attachments: #1 Exhibit)(Berlin, Amie)
August 4, 2021 Opinion or Order Filing 675 REPLY to #649 MOTION to Discharge the Receiver and Incorporated Memorandum of Law , #661 Response to Motion by Joseph Cole Barleta, Joseph W. LaForte, Lisa Mcelhone. (Ferguson, David)
August 4, 2021 Opinion or Order Filing 674 PAPERLESS ORDER granting #673 Defendants' Unopposed Motion for Extension of Time to File Reply to the Securities and Exchange Commission's Response to Defendant's Motion to Discharge the Receiver. Defendants shall file their reply on or before August 6, 2021. Signed by Judge Rodolfo A. Ruiz, II on 8/4/2021. (as03)
August 3, 2021 Opinion or Order Filing 673 Unopposed MOTION for Extension of Time to file Reply to Securities and Exchange Commission's Response to Motion to Discharge the Receiver. re #662 Response in Opposition to Motion by Joseph Cole Barleta, Joseph W. LaForte, Lisa Mcelhone. Responses due by 8/17/2021 (Attachments: #1 Text of Proposed Order)(Hirschhorn, Joel)
August 3, 2021 Opinion or Order Filing 672 CLERK'S NOTICE of Compliance by Sealing 663 Motion to Dismiss with Prejudice pursuant to #669 Order (nc)
August 3, 2021 Opinion or Order Filing 671 PAPERLESS ORDER granting #670 Plaintiff Securities and Exchange Commission's Motion for Enlargement of Time to File Reply to Defendants' Joint Response to the Motion to Strike Affirmative Defenses. Plaintiff shall file the reply on or before August 4, 2021. Signed by Judge Rodolfo A. Ruiz, II on 8/3/2021. (as03)
August 2, 2021 Opinion or Order Filing 670 MOTION for Extension of Time to File Response/Reply/Answer as to #659 Response in Opposition to Motion, by Securities & Exchange Commission. (Attachments: #1 Text of Proposed Order Proposed Order)(Berlin, Amie)
August 2, 2021 Opinion or Order Filing 669 ORDER granting #665 Receiver Ryan K. Stumphauzer's Expedited Motion to Seal Defendants' Motion to Dismiss the Amended Complaint Due to Misconduct by the Securities and Exchange Commission and Related Constitutional Violations to Remove Confidential Information and Other Personal Information from the Publicly Available Docket. Signed by Judge Rodolfo A. Ruiz, II on 8/2/2021. See attached document for full details. (as03)
August 2, 2021 Opinion or Order Filing 668 ORDER granting #632 Defendant Joseph LaForte's Motion to Prevent Receiver from Selling Vehicles and Watercraft. Signed by Judge Rodolfo A. Ruiz, II on 8/2/2021. See attached document for full details. (as03)
August 2, 2021 Opinion or Order Filing 667 ORDER granting #634 Receiver's Motion to Expand the Receivership Estate to Include a Porsche Turbo 911 and Two Patek Philippe Watches. Signed by Judge Rodolfo A. Ruiz, II on 8/2/2021. See attached document for full details. (as03)
August 2, 2021 Opinion or Order Filing 666 STATUS REPORT - Receiver's Quarterly Status Report Dated August 2, 2021 by Ryan K Stumphauzer (Attachments: #1 Exhibit 1 - Quarterly Report from DSI)(Kolaya, Timothy)
August 1, 2021 Opinion or Order Filing 665 EXPEDITED MOTION to Seal 663 Defendants Motion to Dismiss the Amended Complaint Due to Misconduct by the Securities and Exchange Commission and Related Constitutional Violations to Remove Confidential Information and Other Personal Information from the Publicly Available Docket re 663 MOTION to Dismiss with Prejudice #119 Amended Complaint/Amended Notice of Removal by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
July 28, 2021 Opinion or Order SYSTEM ENTRY - Docket Entry 663 [motion] restricted/sealed until further notice. (nc)
July 28, 2021 Opinion or Order Filing 664 ORDER denying without prejudice #616 Non-Party Lead Funding II, LLC's Amended Motion to Intervene and Lift Litigation Injunction to Allow it to Proceed with Foreclosure Action in Colorado State Court. Signed by Judge Rodolfo A. Ruiz, II on 7/28/2021. See attached document for full details. (as03)
July 28, 2021 Opinion or Order Filing 662 RESPONSE in Opposition re #649 MOTION to Discharge the Receiver and Incorporated Memorandum of Law filed by Securities & Exchange Commission. Replies due by 8/4/2021. (Berlin, Amie)
July 27, 2021 Opinion or Order Filing 661 RESPONSE to Motion re #649 MOTION to Discharge the Receiver and Incorporated Memorandum of Law filed by Ryan K Stumphauzer. Replies due by 8/3/2021. (Kolaya, Timothy)
July 27, 2021 Opinion or Order Filing 660 NOTICE of Attorney Appearance by Jacqueline Zee DerOvanesian on behalf of Ryan K Stumphauzer. Attorney Jacqueline Zee DerOvanesian added to party Ryan K Stumphauzer(pty:rc). (DerOvanesian, Jacqueline)
July 20, 2021 Opinion or Order Filing 659 RESPONSE in Opposition re #627 MOTION to Strike #594 Answer to Amended Complaint, #607 Answer to Amended Complaint, #608 Answer to Amended Complaint, #617 Answer to Amended Complaint, #609 Answer to Amended Complaint, #615 Answer to Amended Complaint SEEKING TO ST filed by Perry S Abbonizio, Joseph Cole Barleta, Michael C Furman, Joseph W. LaForte, Lisa Mcelhone, Dean J Vagnozzi. Replies due by 7/27/2021. (Hirschhorn, Joel)
July 20, 2021 Opinion or Order Filing 658 Amended Answer and Affirmative Defenses to #119 Amended Complaint/Amended Notice of Removal and Affirmative Defenses by Dean J Vagnozzi. (Miller, Brian) Modified text on 7/20/2021 to reflect title of document (bb).
July 19, 2021 Opinion or Order Filing 657 PAPERLESS ORDER granting #656 Defendant Dean Vagnozzi's Unopposed Motion to Amend Answer. Mr. Vagnozzi shall file his Amended Answer on or before July 29, 2021. As requested in the Motion, the Court will address Mr. Vagnozzi's Fourteenth, Fifteenth, and Sixteenth affirmative defenses under the current schedule for Plaintiff's Motion to Construe some Affirmative Defenses as Denials, and to Strike Others. Signed by Judge Rodolfo A. Ruiz, II on 7/19/2021. (as03)
July 19, 2021 Opinion or Order Filing 656 Unopposed MOTION to Amend/Correct #594 Answer to Amended Complaint by Dean J Vagnozzi. Responses due by 8/2/2021 (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Miller, Brian)
July 18, 2021 Opinion or Order Filing 655 ORDER granting #651 Receiver's Fifteenth Motion to Lift Litigation Injunction as to Certain Garnishment Proceedings. Signed by Judge Rodolfo A. Ruiz, II on 7/18/2021. See attached document for full details. (as03)
July 18, 2021 Opinion or Order Filing 654 ORDER granting #650 Receiver's Fourteenth Motion to Lift Litigation Injunction as to Certain Garnishment Proceedings. Signed by Judge Rodolfo A. Ruiz, II on 7/18/2021. See attached document for full details. (as03)
July 16, 2021 Opinion or Order Filing 653 REPLY to #647 Response in Opposition to Motion by Joseph W. LaForte. (Ferguson, David)
July 16, 2021 Opinion or Order Filing 652 PAPERLESS ORDER DENYING AS MOOT #646 Defendant Michael Furman's Unopposed Motion for an Extension of Time to Respond to Plaintiff Securities and Exchange Commission's Motion to Construe Some Affirmative Defenses as Denials, and to Strike Others. Per the Court's July 6, 2021 Paperless Order [ECF No. 645], all Defendants shall file a single, consolidated response to the motion on or before July 20, 2021. Signed by Judge Rodolfo A. Ruiz, II on 7/16/2021. (as03)
July 14, 2021 Opinion or Order Filing 651 MOTION to Lift Litigation Injunction as to Certain Garnishment Proceedings (15th Motion) re #141 Order by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
July 14, 2021 Opinion or Order Filing 650 MOTION to Lift Litigation Injunction as to Certain Garnishment Proceedings (14th Motion) re #141 Order by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - List of Cases, #2 Exhibit 2 - Proposed Order)(Kolaya, Timothy)
July 13, 2021 Opinion or Order Filing 649 MOTION to Discharge the Receiver and Incorporated Memorandum of Law by Joseph Cole Barleta, Joseph W. LaForte, Lisa Mcelhone. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Hirschhorn, Joel)
July 9, 2021 Opinion or Order Filing 648 REPLY to Response to Motion re #634 MOTION to Expand the Receivership Estate to Include a Porsche Turbo 911 and Two Patek Philippe Watches re #141 Order filed by Ryan K Stumphauzer. (Kolaya, Timothy)
July 9, 2021 Opinion or Order Filing 647 RESPONSE in Opposition re #632 Defendant's MOTION to Prevent Receiver from Selling Vehicles and Watercraft re #622 Notice (Other) filed by Ryan K Stumphauzer. Replies due by 7/16/2021. (Kolaya, Timothy)
July 6, 2021 Opinion or Order Filing 646 UNOPPOSED MOTION for Extension of Time to File Response as to #627 MOTION to Strike #594 Answer to Amended Complaint, #607 Answer to Amended Complaint, #608 Answer to Amended Complaint, #617 Answer to Amended Complaint, #609 Answer to Amended Complaint, #615 Answer to Amended Complaint SEEKING TO ST by Michael C Furman. (drz)
July 6, 2021 Opinion or Order Filing 645 PAPERLESS ORDER regarding Defendants' motions for extensions of time to file responses to the Securities and Exchange Commission's Motion to Construe Some Affirmative Defenses as Denials, and to Strike Others [ECF Nos. 639, 643, and 644]. All Defendants shall file a single, consolidated response to the motion on or before July 20, 2021. Signed by Judge Rodolfo A. Ruiz, II on 7/6/2021. (as03)
July 6, 2021 Opinion or Order Filing 644 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #627 MOTION to Strike #594 Answer to Amended Complaint, #607 Answer to Amended Complaint, #608 Answer to Amended Complaint, #617 Answer to Amended Complaint, #609 Answer to Amended Complaint, #615 Answer to Amended Complaint SEEKING TO ST by Perry S Abbonizio. (Attachments: #1 Text of Proposed Order)(Floch, Brandon)
July 6, 2021 Opinion or Order Filing 643 Unopposed MOTION for Extension of Time to File Responses in Opposition re #627 MOTION to Strike #594 Answer to Amended Complaint, #607 Answer to Amended Complaint, #608 Answer to Amended Complaint, #617 Answer to Amended Complaint, #609 Answer to Amended Complaint, #615 Answer to Amended Complaint SEEKING TO ST by Joseph Cole Barleta, Joseph W. LaForte, Lisa Mcelhone. Responses due by 7/20/2021 (Attachments: #1 Text of Proposed Order)(Hirschhorn, Joel)
July 6, 2021 Opinion or Order Filing 642 ORDER granting #635 Receiver, Ryan K. Stumphauzer's, Motion to Lift Litigation Injunction as to Certain Counterparties in Default Under Agreements with Eagle Six Consultants, Inc. and Heritage Business Consulting, Inc. Signed by Judge Rodolfo A. Ruiz, II on 7/6/2021. See attached document for full details. (as03)
July 5, 2021 Opinion or Order Filing 641 PAPERLESS ORDER granting #639 Defendant Dean Vagnozzi's Unopposed Motion for an Extension of Time to Respond to Plaintiff Securities and Exchange Commission's Motion to Construe Some Affirmative Defenses as Denials, and to Strike Others. Defendant Vagnozzi shall file his response on or before July 20, 2021. Signed by Judge Rodolfo A. Ruiz, II on 7/5/2021. (as03)
July 2, 2021 Opinion or Order Filing 640 RESPONSE to Motion re #634 MOTION to Expand the Receivership Estate to Include a Porsche Turbo 911 and Two Patek Philippe Watches re #141 Order filed by Joseph W. LaForte. Replies due by 7/9/2021. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Ferguson, David)
July 2, 2021 Opinion or Order Filing 639 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #627 MOTION to Strike #594 Answer to Amended Complaint, #607 Answer to Amended Complaint, #608 Answer to Amended Complaint, #617 Answer to Amended Complaint, #609 Answer to Amended Complaint, #615 Answer to Amended Complaint SEEKING TO ST by Dean J Vagnozzi. (Attachments: #1 Text of Proposed Order Proposed Order)(Miller, Brian)
July 1, 2021 Opinion or Order Filing 638 REPLY to Response to Motion re #616 Amended MOTION to Intervene and Lift Litigation Injunction to Allow It to Proceed with Foreclosure Action in Colorado State Court filed by Lead Funding II, LLC. (Gache, Ronald)
June 30, 2021 Opinion or Order Filing 637 PAPERLESS ORDER granting #636 Non-Party's, Lead Funding II, LLC, Unopposed Motion for Extension of Time to File Reply in Further Support of Amended Motion to Intervene and Lift Litigation Injunction to Allow it to Proceed with Foreclosure Action in Colorado State Court. Lead Funding shall file its reply on or before July 6, 2021. Signed by Judge Rodolfo A. Ruiz, II on 6/30/2021. (as03)
June 30, 2021 Opinion or Order Filing 636 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #629 Response in Opposition to Motion, #616 Amended MOTION to Intervene and Lift Litigation Injunction to Allow It to Proceed with Foreclosure Action in Colorado State Court by Lead Funding II, LLC. (Attachments: #1 Text of Proposed Order)(Gache, Ronald)
June 29, 2021 Opinion or Order Filing 635 MOTION to Lift Litigation Injunction as to Certain Counterparties in Default Under Agreements with Eagle Six Consultants, Inc. and Heritage Business Consulting, Inc. re #141 Order by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
June 27, 2021 Opinion or Order Filing 634 MOTION to Expand the Receivership Estate to Include a Porsche Turbo 911 and Two Patek Philippe Watches re #141 Order by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Build Sheet for 2019 Porsche 911 Turbo, #2 Exhibit 2 - Emails Dated March 11, 2019, #3 Exhibit 3 - Email Dated March 14, 2019, #4 Exhibit 4 - Wire from RMR to Cherry Hill Imports, Corp. dated March 14, 2019, #5 Exhibit 5 - Email dated July 12, 2020 and Attached Invoice, #6 Exhibit 6 - Promissory Note from Wrist NY Group, Inc., #7 Exhibit 7 - Eagle Six Bank Statement, #8 Exhibit 8 - Proposed Order)(Kolaya, Timothy)
June 25, 2021 Opinion or Order Filing 633 PAPERLESS ORDER denying as moot #596 Motion for protective order. Signed by Magistrate Judge Bruce E. Reinhart (BER)
June 25, 2021 Opinion or Order Filing 632 Defendant's MOTION to Prevent Receiver from Selling Vehicles and Watercraft re #622 Notice (Other) by Joseph W. LaForte. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Ferguson, David)
June 24, 2021 Opinion or Order Filing 631 ORDER denying #630 Motion for Recusal. Signed by Judge Rodolfo A. Ruiz, II on 6/24/2021. See attached document for full details. (as03)
June 23, 2021 Opinion or Order Filing 630 MOTION for Recusal by Joseph Cole Barleta, Joseph W. LaForte, Lisa Mcelhone. (Hirschhorn, Joel)
June 23, 2021 Opinion or Order Filing 629 RESPONSE in Opposition re #616 Amended MOTION to Intervene and Lift Litigation Injunction to Allow It to Proceed with Foreclosure Action in Colorado State Court filed by Ryan K Stumphauzer. Replies due by 6/30/2021. (Attachments: #1 Exhibit 1 - Elbert County Tenants in Common Agreement)(Kolaya, Timothy)
June 22, 2021 Opinion or Order Filing 628 PAPERLESS ORDER Denying the SEC and Defendant Joseph LaForte's request for a discovery hearing. On June 21, 2021, the parties emailed chambers requesting a discovery hearing pursuant to a dispute over 30(b)(6) deposition topics. That request is denied without prejudice to it being raised again after the deposition has occurred using the procedure set forth in the Court's Standing Discovery Order. Signed by Magistrate Judge Bruce E. Reinhart on 6/22/2021. (jgy)
June 21, 2021 Opinion or Order Filing 627 MOTION to Strike #594 Answer to Amended Complaint, #607 Answer to Amended Complaint, #608 Answer to Amended Complaint, #617 Answer to Amended Complaint, #609 Answer to Amended Complaint, #615 Answer to Amended Complaint SEEKING TO STRIKE AFFIRMATIVE DEFENSES by Securities & Exchange Commission. Responses due by 7/6/2021 (Attachments: #1 Exhibit Exhibit A, Demonstrative Aid)(Berlin, Amie)
June 21, 2021 Opinion or Order Filing 626 CLERK'S NOTICE of Compliance re 613 Order & 620 Order; by Striking & Sealing various attachments at DE #602 & DE #612 . (jmd)
June 16, 2021 Opinion or Order Filing 625 ORDER granting #621 Receiver's Combined Thirteenth Motion to Lift Litigation Injunction as to Certain Garnishment Proceedings; to Allow Receiver to Release or Remove Security Agreements; and to Authorize Receiver to Enter into a Settlement in the SCBH Bankruptcy Proceeding. Signed by Judge Rodolfo A. Ruiz, II on 6/16/2021. See attached document for full details. (as03)
June 16, 2021 Opinion or Order Filing 624 PAPERLESS ORDER granting #623 Plaintiffs' Unopposed Motion to File One Motion to Strike Affirmative Defenses Against Defendants. Signed by Judge Rodolfo A. Ruiz, II on 6/16/2021. (as03)
June 16, 2021 Opinion or Order Filing 623 Unopposed MOTION to File One Motion to Strike Affirmative Defenses Against Defendants by Securities & Exchange Commission. (Attachments: #1 Text of Proposed Order)(Berlin, Amie)
June 15, 2021 Opinion or Order Filing 622 NOTICE by Ryan K Stumphauzer of Intent to Sell Watercraft and Vehicles (Kolaya, Timothy)
June 15, 2021 Opinion or Order Filing 621 MOTION to Lift Litigation Injunction as to Certain Garnishment Proceedings (13th Motion); to Allow Receiver to Release or Remove Security Agreements; and to Allow the Receiver to Enter into a Settlement in the SCBH Bankruptcy Proceeding re #141 Order by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
June 14, 2021 Opinion or Order Filing 620 PAPERLESS ORDER granting #618 Defendant Joseph LaForte's Supplemental Motion to Remove Unredacted Exhibits Containing Personal Information from the Record in Exhibits to Response to the Receiver's Argument and Presentation at the May 20, 2021 Status Conference and Replace them with Redacted Exhibits. Signed by Judge Rodolfo A. Ruiz, II on 6/14/2021. (as03)
June 14, 2021 Opinion or Order Filing 619 TRANSCRIPT of telephonic discovery hearing held on 3-1-2021 before Magistrate Judge Bruce E. Reinhart, 1-40 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 7/6/2021. Redacted Transcript Deadline set for 7/15/2021. Release of Transcript Restriction set for 9/13/2021. (Savino, Dawn)
June 10, 2021 Opinion or Order Filing 618 MOTION Defendant Joseph LaForte's Supplemental Motion to Remove Unredacted Exhibits Containing Personal Information From the Record in Exhibits to Response to the Receiver's Argument and Presentation at the May 20, 2021 Status Conference and Replace Them with Redacted Exhibits by Joseph W. LaForte. (Attachments: #1 Exhibit)(Ferguson, David)
June 9, 2021 Opinion or Order Filing 616 Amended MOTION to Intervene and Lift Litigation Injunction to Allow It to Proceed with Foreclosure Action in Colorado State Court by Lead Funding II, LLC. (Attachments: #1 Exhibit 1 - Foreclosure Complaint with Exhibits, #2 Exhibit 2 - Par Funding Deed of Trust, #3 Exhibit 3 - Notice of Order Staying Litigation, #4 Exhibit 4 - Order Staying Foreclosure Action, #5 Exhibit 5 - Property Information)(Gache, Ronald)
June 8, 2021 Opinion or Order Filing 617 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Michael C Furman. (drz)
June 8, 2021 Opinion or Order Filing 615 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Perry S Abbonizio. (Marcus, Jeffrey)
June 8, 2021 Opinion or Order Filing 614 NOTICE of Attorney Appearance by Brandon Scott Floch on behalf of Perry S Abbonizio. Attorney Brandon Scott Floch added to party Perry S Abbonizio(pty:dft). (Floch, Brandon)
June 4, 2021 Opinion or Order Filing 613 PAPERLESS ORDER granting #612 Defendant Joseph LaForte's Motion to Remove Unredacted Exhibits Containing Personal Information from the Record in Exhibits in Response to the Receiver's Argument and Presentation at the May 20, 2021 Status Conference and Replace Them With Redacted Exhibits. Signed by Judge Rodolfo A. Ruiz, II on 6/4/2021. (as03)
June 3, 2021 Opinion or Order Filing 612 MOTION Defendant Joseph LaForte's Motion to Remove Unredacted Exhibits Containing Personal Information From the Record in Exhibits to Response to the Receiver's Argument and Presentation at the May 20, 2021 Status Conference and Replace Them with Redacted Exhibits re #602 Response/Reply (Other),, by Joseph W. LaForte. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Ferguson, David) Modified on 6/21/2021 re: Attachment 612-1 Stricken/Sealed, per Order DE#613). (jmd)
June 2, 2021 Opinion or Order Filing 611 ORDER granting #610 Motion for Referral to Volunteer Attorney Program. Signed by Judge Rodolfo A. Ruiz, II on 6/2/2021. See attached document for full details. (as03)
June 1, 2021 Opinion or Order Filing 610 MOTION for Referral to Volunteer Attorney Program by Michael C Furman. (drz)
June 1, 2021 Opinion or Order Filing 609 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Lisa Mcelhone. (Hirschhorn, Joel)
June 1, 2021 Opinion or Order Filing 608 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Joseph Cole Barleta. (Raikhelson, Andre)
June 1, 2021 Opinion or Order Filing 607 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Joseph W. LaForte. (Soto, Alejandro)
June 1, 2021 Opinion or Order Filing 606 PAPERLESS ORDER granting #600 Defendant's Unopposed Motion for Extension of Time to Answer Plaintiff's Amended Complaint. Defendant Michael C. Furman shall file his answer on or before June 8, 2021. Signed by Judge Rodolfo A. Ruiz, II on 6/1/2021. (as03)
June 1, 2021 Opinion or Order Filing 605 ORDER granting #599 Motion to Withdraw as Attorney. James R. Froccaro representing LaForte, Joseph W. (Defendant) withdrawn from case. Signed by Judge Rodolfo A. Ruiz, II on 6/1/2021. See attached document for full details. (as03)
June 1, 2021 Opinion or Order Filing 604 ORDER granting #589 Receiver Ryan K. Stumphauzer's Third Application for Allowance and Payment of Professionals' Fees and Reimbursement of Expenses for January 1, 2021-March 31, 2021. Signed by Judge Rodolfo A. Ruiz, II on 6/1/2021. See attached document for full details. (as03)
May 30, 2021 Opinion or Order Filing 603 TRANSCRIPT of Status Conference Conducted via Zoom (Transcribed from the Audio Recording) held on April 23, 2021, before Magistrate Judge Bruce E. Reinhart, 1-17 pages, Court Reporter: Lisa Edwards, 305-439-7168 / reporterlisaedwards@gmail.com. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/21/2021. Redacted Transcript Deadline set for 6/30/2021. Release of Transcript Restriction set for 8/30/2021. (le)
May 28, 2021 Opinion or Order Filing 602 Defendant Joseph W. LaForte's Response to the Receiver's Argument and Presentation at the May 20, 2021 Status Conference by Joseph W. LaForte. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit)(Ferguson, David) Modified on 6/21/2021 re:Stricken/Sealed Attachments DE 602-17, 602-22, & 602-26, per Order DE #613. (jmd)
May 28, 2021 Opinion or Order Filing 601 RESPONSE in Opposition re #589 MOTION Receiver's Third Application for Allowance and Payment of Professionals' Fees and Reimbursement of Expenses for January 1, 2021 - March 31, 2021 filed by Joseph Cole Barleta, Joseph W. LaForte, Lisa Mcelhone. Replies due by 6/4/2021. (Hirschhorn, Joel)
May 27, 2021 Opinion or Order Filing 600 UNOPPOSED MOTION for Extension of Time to File Answer as to #119 Amended Complaint by Michael C Furman. (mc)
May 27, 2021 Opinion or Order Filing 599 MOTION to Withdraw as Attorney by James R. Froccaro, Jr (Pro Hac) for / by Joseph W. LaForte. Responses due by 6/10/2021 (Attachments: #1 Text of Proposed Order)(Ferguson, David)
May 25, 2021 Opinion or Order Filing 598 PAPERLESS ORDER granting #597 Defendants' Unopposed Joint Motion for Extension of Time to Answer Plaintiff's Amended Complaint. Defendants LaForte, McElhone, and Cole shall file their answers on or before June 2, 2021. Defendant Abbonizio shall file his answer on or before June 8, 2021. Signed by Judge Rodolfo A. Ruiz, II on 5/25/2021. (as03)
May 25, 2021 Opinion or Order Filing 597 Unopposed MOTION for Extension of Time to File Response/Reply/Answer by Perry S Abbonizio, Joseph Cole Barleta, Joseph W. LaForte, Lisa Mcelhone. (Attachments: #1 Text of Proposed Order)(Soto, Alejandro)
May 25, 2021 Opinion or Order Filing 596 Proposed Protective Order to Reschedule Deposition of Michael Furman on Wednesday May 26th 2021 by Michael C Furman. (drz)
May 25, 2021 Opinion or Order Filing 595 TRANSCRIPT of Status Conference via Zoom held on 5-20-2021 before Judge Rodolfo A. Ruiz, II, 1-135 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 6/15/2021. Redacted Transcript Deadline set for 6/25/2021. Release of Transcript Restriction set for 8/23/2021. (gbx)
May 25, 2021 Opinion or Order Filing 594 Defendant Dean Vagnozzi's ANSWER and Affirmative Defenses to Amended Complaint by Dean J Vagnozzi. (Miller, Brian)
May 21, 2021 Opinion or Order Filing 593 PAPERLESS ORDER SETTING DEADLINE FOR OBJECTIONS TO RECEIVER FEE APPLICATION. Any objections to #589 Receiver Ryan K. Stumphauzer's Third Application for Allowance and Payment of Professionals' Fees and Reimbursement of Expenses for January 1, 2021-March 31, 2021 shall be filed on or before May 28, 2021. The Court will notify the Receiver if a reply to the objections is needed. Signed by Judge Rodolfo A. Ruiz, II on 5/21/2021. (as03)
May 21, 2021 Opinion or Order Filing 592 Defendant's Notice of Intent to File Objections to the Receiver, Ryan K. Stumphauzer's Third Application for Allowance and Payment of Professionals' Fees and Reimbursement of Expenses for January 1, 2021 - March 31, 2021 to 590 Order, by Joseph W. LaForte. (Ferguson, David)
May 20, 2021 Opinion or Order Filing 591 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Zoom Status Conference held on 5/20/2021. Attorney Appearance(s): All Counsel of Record, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov. (gp)
May 19, 2021 Opinion or Order Filing 590 PAPERLESS ORDER regarding #589 Receiver, Ryan K. Stumphauzer's Third Application for Allowance and Payment of Professionals' Fees and Reimbursement of Expenses for January 1, 2021 - March 31, 2021 ("Application"). To the extent any parties intend to file objections to the Application, they shall notify the Court of their intent to do so by Friday, May 21, 2021. Signed by Judge Rodolfo A. Ruiz, II on 5/19/2021. (as03)
May 17, 2021 Opinion or Order Filing 589 MOTION Receiver's Third Application for Allowance and Payment of Professionals' Fees and Reimbursement of Expenses for January 1, 2021 - March 31, 2021 by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Receiver's Certification, #2 Exhibit 2 - Summary of Total Compensation and Expenses Requested, #3 Exhibit 3(a) - Fee Schedule: Stumphauzer Foslid Sloman Ross & Kolaya, PLLC, #4 Exhibit 3(b) - Fee Schedule: Pietragallo Gordon Alfano Bosick & Raspanti, LLP, #5 Exhibit 3(c) - Fee Schedule: Development Specialists, Inc., #6 Exhibit 3(d) - Fee Schedule: Lawgical Insight, LLC, #7 Exhibit 3(e) - Fee Schedule: H.D. Investigative Group, LLC, #8 Exhibit 3(f) - Fee Schedule: Fox Rothschild, #9 Exhibit 4(a) - Time Records: Stumphauzer Foslid Sloman Ross & Kolaya, PLLC, #10 Exhibit 4(b) - Time Records: Pietragallo Gordon Alfano Bosick & Raspanti, LLP, #11 Exhibit 4(c) - Time Records: Development Specialists, Inc., #12 Exhibit 4(d) - Time Records: Lawgical Insight, LLC, #13 Exhibit 4(e) - Time Records: H.D. Investigative Group, LLC, #14 Exhibit 4(f) - Time Records: Fox Rothschild)(Kolaya, Timothy)
May 14, 2021 Opinion or Order Filing 588 ORDER granting #557 Receiver's Motion to Lift the Litigation Stay to Allow Commencement of Proceedings Involving Liberty Eighth Avenue, LLC, Kingdom Logistics, LLC, DEF Capital LLC, and Lisa McElhone. Signed by Judge Rodolfo A. Ruiz, II on 5/14/2021. See attached document for full details. (as03)
May 14, 2021 Opinion or Order Filing 587 ORDER granting #584 Receiver's Motion to Lift the Litigation Stay to Allow Commencement of Proceedings Against National Brokers of America, Inc.; National Brokers of America, LLC; Bene Market, LLC; and Alan Redmond. Signed by Judge Rodolfo A. Ruiz, II on 5/14/2021. See attached document for full details. (as03)
May 14, 2021 Opinion or Order Filing 586 REPLY to Response to Motion re #557 MOTION to Lift Litigation Injunction to Allow Commencement of Proceedings Involving Liberty Eighth Avenue, LLC, Kingdom Logistics, LLC, DEF Capital LLC, and Lisa McElhone re #141 Order filed by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Email Dated November 26, 2019, #2 Exhibit 2 - Email Dated December 23, 2019, #3 Exhibit 3 - Email Dated June 9, 2020)(Kolaya, Timothy)
May 14, 2021 Opinion or Order Filing 585 RESPONSE to Motion re #584 MOTION to Lift the Litigation Injunction to Allow Commencement of Proceedings against National Brokers of America, Inc.; National Brokers of America, LLC; Bene Market, LLC; and Alan Redmond re #141 Order filed by Joseph W. LaForte. Replies due by 5/21/2021. (Attachments: #1 Exhibit, #2 Exhibit)(Ferguson, David)
May 12, 2021 Opinion or Order Filing 584 MOTION to Lift the Litigation Injunction to Allow Commencement of Proceedings against National Brokers of America, Inc.; National Brokers of America, LLC; Bene Market, LLC; and Alan Redmond re #141 Order by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - April 28, 2015 MCA Agreement, #2 Exhibit 2 - Ohio Secretary of State Company Detail, #3 Exhibit 3 - March 17, 2020 MCA Agreement, #4 Exhibit 4 - Bankruptcy Petition, #5 Exhibit 5 - Corporate Resolution, #6 Exhibit 6 - Bankruptcy Schedules, #7 Exhibit 7 - February 12, 2020 MCA Agreement, #8 Exhibit 8 - Secretary of Labor Complaint, #9 Exhibit 9 - Summary of Outstanding MCA Agreements, #10 Exhibit 10 - Proposed Order)(Kolaya, Timothy)
May 11, 2021 Opinion or Order Filing 583 ORDER denying #363 Motion to Dismiss for Failure to State a Claim. Signed by Judge Rodolfo A. Ruiz, II on 5/11/2021. See attached document for full details. (as03)
May 11, 2021 Opinion or Order Filing 582 RESPONSE in Opposition re #557 MOTION to Lift Litigation Injunction to Allow Commencement of Proceedings Involving Liberty Eighth Avenue, LLC, Kingdom Logistics, LLC, DEF Capital LLC, and Lisa McElhone re #141 Order filed by Lisa Mcelhone. Replies due by 5/18/2021. (Hirschhorn, Joel)
May 7, 2021 Opinion or Order Filing 581 Defendant's RESPONSE to #577 Status Report by Joseph W. LaForte. (Attachments: #1 Exhibit, #2 Exhibit)(Ferguson, David)
May 5, 2021 Opinion or Order Filing 580 PAPERLESS ORDER denying #572 Defendant Joseph W. LaForte's Motion to File Materials Under Seal in Support of his response to the Receiver's Motion to Lift Litigation Stay to Allow Commencement of Proceedings Against D19 Liquor Inc., Fawzi Simon and Related Entities. Because the Court has already granted the Receiver's Motion to Lift Litigation Stay to Allow Commencement of Proceedings Against D19 Liquor Inc., Fawzi Simon and Related Entities, see ECF No. 558, and Mr. LaForte is not seeking to set aside or modify the ruling in that Order, see ECF No. 573 at 1, the Court does not see a reason to consider the records that Mr. LaForte is now seeking to file under seal. Signed by Judge Rodolfo A. Ruiz, II on 5/5/2021. (as03)
May 5, 2021 Opinion or Order Filing 579 ORDER granting #560 Receiver's Motion to Expand the Receivership to Include Recruiting and Marketing Resources, Inc.; Contract Financing Solutions, Inc.; Stone Harbor Processing LLC; and LM Property Management LLC. Signed by Judge Rodolfo A. Ruiz, II on 5/5/2021. See attached document for full details. (as03)
May 5, 2021 Opinion or Order Filing 578 ORDER granting #575 Receiver's Twelfth Motion to Lift Litigation Injunction as to Certain Garnishment Proceedings. Signed by Judge Rodolfo A. Ruiz, II on 5/5/2021. See attached document for full details. (as03)
May 3, 2021 Opinion or Order Filing 577 STATUS REPORT - Receiver's Quarterly Status Report Dated May 3, 2021 by Ryan K Stumphauzer (Attachments: #1 Exhibit 1 - Quarterly Report from DSI)(Kolaya, Timothy)
May 2, 2021 Opinion or Order Filing 576 ORDER granting #571 Motion to Withdraw as Attorney. Miranda Lundeen Soto representing Fox Rothschild LLP (Custodian) withdrawn from case. Signed by Judge Rodolfo A. Ruiz, II on 5/2/2021. See attached document for full details. (as03)
May 2, 2021 Opinion or Order Filing 575 MOTION to Lift Litigation Injunction as to Certain Garnishment Proceedings (Twelfth) re #141 Order by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
May 2, 2021 Opinion or Order Filing 574 RESPONSE in Opposition re #572 Defendant's MOTION to Seal in Support of his Response to the Receiver's Motion to Lift the Litigation Stay to Allow Commencement of Proceedings Against D19 Liquor Inc., Fawzi Simon and Related Entities per Local Rule 5.4 filed by Ryan K Stumphauzer. Replies due by 5/10/2021. (Kolaya, Timothy)
April 30, 2021 Opinion or Order Filing 573 RESPONSE to Motion re #556 MOTION to Lift Litigation Stay to Allow Commencement of Proceedings Against D19 Liquor, Inc., Fawzi Simon, and Related Entities re #141 Order filed by Joseph W. LaForte. Replies due by 5/7/2021. (Attachments: #1 Exhibit, #2 Exhibit)(Ferguson, David)
April 30, 2021 Opinion or Order Filing 572 Defendant's MOTION to Seal in Support of his Response to the Receiver's Motion to Lift the Litigation Stay to Allow Commencement of Proceedings Against D19 Liquor Inc., Fawzi Simon and Related Entities per Local Rule 5.4 by Joseph W. LaForte. (Attachments: #1 Text of Proposed Order) (Ferguson, David)
April 30, 2021 Opinion or Order Filing 571 Unopposed MOTION to Withdraw as Attorney by Miranda Lundeen Soto for / by Fox Rothschild LLP. Responses due by 5/14/2021 (Attachments: #1 Exhibit Proposed Order)(Soto, Miranda)
April 30, 2021 Opinion or Order Filing 569 PAPERLESS ORDER. In light of the Notice of Resolution of Confidentiality Designation Challenges at #568 , the SEC's Motion for Leave to File Transcripts of Depositions without restrictions set forth in Protective Order #544 is denied as moot. The discovery hearing set for 4/30/21 at 9:00am is hereby CANCELED. Signed by Magistrate Judge Bruce E. Reinhart on 4/30/2021. (jgy)
April 29, 2021 Opinion or Order Filing 570 PLAINTIFFS MOTION TO FILE MATERIALS UNDER SEALFOR USE AT THE APRIL 30, 2021 HEARING. (For Image See DE#566 ) (drz)
April 29, 2021 Opinion or Order Filing 568 NOTICE by Eckert Seamans Cherin & Mellott, LLC, John Pauciulo Notice of Resolution of Confidentiality Designation Challenges (Damian, Melanie)
April 29, 2021 Opinion or Order Filing 567 ORDER granting #566 SEC's Motion to File Materials Under Seal for Use at the April 30, 2021 Hearing. Signed by Magistrate Judge Bruce E. Reinhart on 4/29/2021. See attached document for full details. (jgy)
April 29, 2021 Opinion or Order Filing 566 Plaintiff's MOTION to File Materials Under Seal for Use at the April 30, 2021 Hearing by Securities & Exchange Commission. (Attachments: #1 Text of Proposed Order)(Berlin, Amie)
April 29, 2021 Opinion or Order Filing 565 NOTICE of Compliance by Eckert Seamans Cherin & Mellott, LLC, John Pauciulo (Damian, Melanie)
April 29, 2021 Opinion or Order Filing 564 Transmitted Record on Appeal to US Court of Appeals Consisting EROA sent via OneDrive re #466 Notice of Appeal, USCA # 21-10195-GG (hh)
April 28, 2021 Opinion or Order Filing 563 RESPONSE to Motion re #544 MOTION for Leave to File Transcripts of Depositions attended by Members of the Public, without restrictions set forth in Protective Order filed by Eckert Seamans Cherin & Mellott, LLC, John Pauciulo. Replies due by 5/5/2021. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Damian, Melanie)
April 28, 2021 Opinion or Order Filing 562 PAPERLESS ORDER regarding discovery hearing set for Friday, April 30, 2021 at 9:00am. The Zoom hearing can be accessed at https://www.zoomgov.com/j/1604307496?pwd=RFA0a3NPNGVvNTVnU29GY0pYaFV2UT09. The Meeting ID is 160 430 7496 and the Passcode is 052059. Signed by Magistrate Judge Bruce E. Reinhart on 4/28/2021. (jgy)
April 28, 2021 Opinion or Order Filing 561 NOTICE by Securities & Exchange Commission of filing Memorandum in advance of April 30 hearing (Berlin, Amie)
April 28, 2021 Opinion or Order Filing 560 MOTION to Expand the Receivership to Include Recruiting and Marketing Resources, Inc.; Contract Financing Solutions, Inc.; Stone Harbor Processing LLC; and LM Property Management LLC re #141 Order by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Independent Sales Organization Agreement, #2 Exhibit 2 - Personal Financial Statement, #3 Exhibit 3 - Accounting of Payments between Par Funding and RMR, #4 Exhibit 4 - List of Syndicate Deals between Par Funding and CFS, #5 Exhibit 5 - Split Deal Funding Agreement, #6 Exhibit 6 - Deed of Trust, #7 Exhibit 7 - Accounting of Payments between Par Funding and CFS, #8 Exhibit 8 - SHP Statement of Work, #9 Exhibit 9 - Letter Dated February 22, 2021, #10 Exhibit 10 - TD Bank Wire Transfer Confirmation, #11 Exhibit 11 - Letter Dated March 2, 2020, #12 Exhibit 12 - Payment Notice to Merchants re SHP Collections, #13 Exhibit 13 - LM Property Management Transfers, #14 Exhibit 14 - Proposed Order)(Kolaya, Timothy)
April 28, 2021 Opinion or Order Filing 559 PAPERLESS ORDER setting status conference via Zoom on May 20, 2021 at 2:00 P.M. for the Receiver to provide the Court with an update as to the Receiver's ongoing operations and collection efforts. The Zoom conference can be accessed at https://www.zoomgov.com/j/1602338024?pwd=OGFzREZQa0FpWE1NU1RVa0JOc05pZz09. The Meeting ID is 160 233 8024 and the Passcode is 543483. Signed by Judge Rodolfo A. Ruiz, II on 4/28/2021. (as03)
April 28, 2021 Opinion or Order Filing 558 ORDER granting #556 Receiver's Motion to Lift the Litigation Stay to Allow Commencement of Proceedings Against D19 Liquor, Inc., Fawzi Simon, and Related Entities. Signed by Judge Rodolfo A. Ruiz, II on 4/28/2021. See attached document for full details. (as03)
April 27, 2021 Opinion or Order Filing 557 MOTION to Lift Litigation Injunction to Allow Commencement of Proceedings Involving Liberty Eighth Avenue, LLC, Kingdom Logistics, LLC, DEF Capital LLC, and Lisa McElhone re #141 Order by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - MCA Agreement, #2 Exhibit 2 - Special Warranty Deed - KEP-RMA to Liberty Eighth, #3 Exhibit 3 - Lease with Purchase Option Agreement, #4 Exhibit 4 - Email Dated August 1, 2019, #5 Exhibit 5 - First Resolution, #6 Exhibit 6 - Second Resolution, #7 Exhibit 7 - Email Correspondence Dated September 2, 2020, #8 Exhibit 8 - Special Warranty Deed - Liberty Eighth to Kingdom Logistics, #9 Exhibit 9 - Special Warranty Deed - Kingdom Logistics to DEF Capital, #10 Exhibit 10 - First Personal Financial Statement, #11 Exhibit 11 - Second Personal Financial Statement, #12 Exhibit 12 - Email Dated September 20, 2019, #13 Exhibit 13 - Proposed Order)(Kolaya, Timothy)
April 27, 2021 Opinion or Order Filing 556 MOTION to Lift Litigation Stay to Allow Commencement of Proceedings Against D19 Liquor, Inc., Fawzi Simon, and Related Entities re #141 Order by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - April 2020 MCA Agreement, #2 Exhibit 2 - Payment History for April 2020 MCA Agreement, #3 Exhibit 3 - December 2019 Note, #4 Exhibit 4 - Payment History for December 2019 Note, #5 Exhibit 5 - March 2020 Note, #6 Exhibit 6 - Payment History for March 2020 Note, #7 Exhibit 7 - Notice to Merchants Dated September 8, 2020, #8 Exhibit 8 - Correspondence with D19 Liquor Entities, #9 Exhibit 9 - Proposed Order)(Kolaya, Timothy)
April 23, 2021 Opinion or Order Filing 555 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Status Conference held on 4/23/2021. Total time in court: 0 hour(s) : 20 minutes. (Digital BER_1_4.23.21). A Discovery Hearing regarding #544 transcript confidentiality designations is hereby set for Friday, April 30, 2021 at 09:00 AM via Zoom before Magistrate Judge Bruce E. Reinhart. Deponents are ordered to notify the SEC about portions of the deposition they seek to designate as confidential by Wednesday, April 28, 2021 at 5:00 pm. In advance of the hearing, both parties are ordered to submit briefing on the confidentiality waiver issue by Wednesday, April 28, 2021 at 5:00 pm. The Court will enter a separate paperless order with the link to access the Zoom hearing. (jgy)
April 21, 2021 Opinion or Order Filing 554 PAPERLESS ORDER Setting Telephonic Status Conference regarding #544 SEC's Motion for Leave to File Transcripts of Depositions without restrictions set forth in Protective Order. The Status Conference is set for 4/23/2021 at 01:00 PM before Magistrate Judge Bruce E. Reinhart. Counsel, parties, or members of the public can attend by using the following instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Counsel should dial in from a landline if possible; cellphone attendees, after noting appearance, and members of the public must remain on mute. Signed by Magistrate Judge Bruce E. Reinhart on 4/21/2021. (jgy)
April 20, 2021 Opinion or Order Filing 553 ORDER REFERRING #544 MOTION for Leave to File Transcripts of Depositions attended by Members of the Public, without restrictions set forth in Protective Order filed by Securities & Exchange Commission. Motions referred to Judge Bruce E. Reinhart. Signed by Judge Rodolfo A. Ruiz, II on 4/20/2021. See attached document for full details. (as03)
April 20, 2021 Opinion or Order Filing 552 ORDER granting #546 Eleventh Motion to Lift Litigation Injunction as to Certain Garnishment Proceedings. Signed by Judge Rodolfo A. Ruiz, II on 4/20/2021. See attached document for full details. (as03)
April 20, 2021 Opinion or Order Filing 551 PAPERLESS ORDER granting #541 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for attorney Jay Dubow. Signed by Judge Rodolfo A. Ruiz, II on 4/20/2021. (as03)
April 20, 2021 Opinion or Order Filing 550 PAPERLESS ORDER granting #540 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for attorney Erica Dressler. Signed by Judge Rodolfo A. Ruiz, II on 4/20/2021. (as03)
April 20, 2021 Opinion or Order Filing 549 PAPERLESS ORDER granting #539 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for attorney Catherine Recker. Signed by Judge Rodolfo A. Ruiz, II on 4/20/2021. (as03)
April 20, 2021 Opinion or Order Filing 548 PAPERLESS ORDER granting #538 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for attorney Amy Carver. Signed by Judge Rodolfo A. Ruiz, II on 4/20/2021. (as03)
April 20, 2021 Opinion or Order Filing 547 ORDER granting #534 Motion to Withdraw as Attorney. Jeffrey L. Cox representing Furman, Michael C (Defendant); Attorney Joshua Arnold Katz representing Furman, Michael C (Defendant); Attorney James D. Sallah representing Furman, Michael C (Defendant) withdrawn from case. Signed by Judge Rodolfo A. Ruiz, II on 4/20/2021. See attached document for full details. (as03)
April 20, 2021 Opinion or Order Filing 546 MOTION to Lift Litigation Injunction as to Certain Garnishment Proceedings (Eleventh) re #141 Order by Ryan K Stumphauzer. (Attachments: #1 Text of Proposed Order)(Kolaya, Timothy)
April 19, 2021 Opinion or Order Filing 545 ORDER granting #536 Motion for Approval of Stipulation Regarding Coverage Hub Production. Signed by Judge Rodolfo A. Ruiz, II on 4/19/2021. See attached document for full details. (as03)
April 19, 2021 Opinion or Order Filing 544 MOTION for Leave to File Transcripts of Depositions attended by Members of the Public, without restrictions set forth in Protective Order by Securities & Exchange Commission. (Attachments: #1 Text of Proposed Order Proposed Order Setting Expedited Briefing Schedule, #2 Text of Proposed Order Proposed Order Granting Leave to File Transcripts on Docket)(Berlin, Amie)
April 19, 2021 Opinion or Order Filing 543 NOTICE OF WITHDRAWAL OF MOTION by Securities & Exchange Commission re #542 MOTION for Leave to File Transcripts of Depositions Attended by Members of the Public, without Protective Order restrictions for "confidential" documents, filed by Securities & Exchange Commission (Berlin, Amie)
April 19, 2021 Opinion or Order Filing 542 MOTION for Leave to File Transcripts of Depositions Attended by Members of the Public, without Protective Order restrictions for "confidential" documents, by Securities & Exchange Commission. (Attachments: #1 Text of Proposed Order Proposed Order Setting Expedited Briefing Schedule, #2 Text of Proposed Order Proposed Order Granting Motion for Leave to File Transcripts on the Public Docket)(Berlin, Amie)
April 19, 2021 Opinion or Order Filing 541 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jay Dubow. Filing Fee $ 200.00 Receipt # AFLSDC-14618091 by Eckert Seamans Cherin & Mellott, LLC, John Pauciulo. Responses due by 5/3/2021 (Attachments: #1 Certification, #2 Text of Proposed Order)(Damian, Melanie)
April 19, 2021 Opinion or Order Filing 540 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Erica Dressler. Filing Fee $ 200.00 Receipt # AFLSDC-14618056 by Eckert Seamans Cherin & Mellott, LLC, John Pauciulo. Responses due by 5/3/2021 (Attachments: #1 Certification, #2 Text of Proposed Order)(Damian, Melanie)
April 19, 2021 Opinion or Order Filing 539 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Catherine Recker. Filing Fee $ 200.00 Receipt # AFLSDC-14618020 by Eckert Seamans Cherin & Mellott, LLC, John Pauciulo. Responses due by 5/3/2021 (Attachments: #1 Certification, #2 Text of Proposed Order)(Damian, Melanie)
April 19, 2021 Opinion or Order Filing 538 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Amy Carver. Filing Fee $ 200.00 Receipt # AFLSDC-14617954 by Eckert Seamans Cherin & Mellott, LLC, John Pauciulo. Responses due by 5/3/2021 (Attachments: #1 Certification, #2 Text of Proposed Order)(Damian, Melanie)
April 19, 2021 Opinion or Order Filing 537 NOTICE OF WITHDRAWAL OF MOTION by Securities & Exchange Commission re #525 MOTION to Strike #523 Notice of Attorney Appearance, #524 Notice of Attorney Appearance, OF COUNSEL WHO DO NOT REPRESENT ANY PARTY OR LITIGANT IN THIS CASE, filed by Securities & Exchange Commission (Berlin, Amie)
April 16, 2021 Opinion or Order Filing 536 Joint MOTION for Approval of Stipulation Regarding Converge Hub Production by Lisa Mcelhone, Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Stipulation, #2 Text of Proposed Order)(Hirschhorn, Joel)
April 15, 2021 Opinion or Order Filing 535 RESPONSE to Receiver's Reports Dated December 13, 2020 and February 1, 2021 by Perry S Abbonizio, Joseph Cole Barleta, Joseph W. LaForte, Lisa Mcelhone. (Attachments: #1 Exhibit Declaration of Joel D. Glick, #2 Exhibit CV of Joel D. Glick)(Soto, Alejandro)
April 14, 2021 Opinion or Order Filing 534 Unopposed MOTION to Withdraw as Attorney by Jeffrey L Cox, James D Sallah, Joshua A Katz for / by Michael C Furman. Responses due by 4/28/2021 (Attachments: #1 Text of Proposed Order)(Cox, Jeffrey)
April 13, 2021 Opinion or Order Filing 533 PAPERLESS ORDER MEMORIALIZING DISCOVERY RULING from Discovery hearing on 4/13/21: For the reasons set forth on the record, Defendants Perry Abbonizio, Joseph Cole Barleta, Lisa McElhone, Dean Vagnozzi, and Joseph Laforte's request to modify the deposition schedule is DENIED. I do not find that the Defendants have, pursuant to Rule 26(c), shown that there is good cause to protect a party from annoyance, embarrassment, oppression, or undue burden or expense. Additionally, given the discovery schedule set by Judge Ruiz, I find that delaying the depositions would not be in the best interest of the speedy, expeditious, and just disposition of this case. Therefore, the depositions are to proceed as currently set unless the SEC and individual defendants mutually agree to reschedule them. This ruling is without prejudice to any individual defendant renewing his or her respective request to reschedule the deposition in the event of a scheduling conflict, but only if the parties have conferred and are unable to reach a new mutually agreeable date. Signed by Magistrate Judge Bruce E. Reinhart on 4/13/2021. (jgy)
April 13, 2021 Opinion or Order Filing 532 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Discovery Hearing held on 4/13/2021. Total time in court: 1 hour(s) : 6 minutes. (Digital BER_1_4.13.2021) (jgy)
April 13, 2021 Opinion or Order Filing 531 PAPERLESS ORDER REQUIRING Melanie Emmons Damian AND Allison Jade Leonard TO FILE A RESPONSE TO #525 SEC's Motion to Strike #523 Notice of Attorney Appearance and #524 Notice of Attorney Appearance by 4/20/21. Signed by Magistrate Judge Bruce E. Reinhart on 4/13/2021. (jgy)
April 12, 2021 Opinion or Order Filing 530 ORDER REFERRING #525 MOTION to Strike #523 Notice of Attorney Appearance, #524 Notice of Attorney Appearance, OF COUNSEL WHO DO NOT REPRESENT ANY PARTY OR LITIGANT IN THIS CASE, filed by Securities & Exchange Commission. Motions referred to Judge Bruce E. Reinhart. Signed by Judge Rodolfo A. Ruiz, II on 4/12/2021. See attached document for full details. (as03)
April 12, 2021 Opinion or Order Filing 529 MEMORANDUM of Law Joint Discovery Memorandum of Plaintiff Securities and Exchange Commission and Defendants Perry Abbonizio, Joseph Cole Barleta, Lisa McElhone, Dean Vagnozzi, and Joseph LaForte in Advance of the April 13, 2021 Discovery Hearing by Securities & Exchange Commission. (Attachments: #1 Exhibit A. Emails, #2 Exhibit B. Composite Notices)(Berlin, Amie)
April 12, 2021 Opinion or Order Filing 528 PAPERLESS ORDER granting #527 Plaintiff's Motion for Extension of Time. The Joint Discovery Memo regarding the Discovery Hearing set for 4/13/21 shall be filed by 4/12/21 at 12:00 p.m. Signed by Magistrate Judge Bruce E. Reinhart on 4/12/2021. (jgy)
April 11, 2021 Opinion or Order Filing 527 MOTION for Extension of Time to file Joint Discovery Hearing Memorandum re 526 Order Setting/Cancelling Hearing,, by Securities & Exchange Commission. Responses due by 4/26/2021 (Berlin, Amie)
April 9, 2021 Opinion or Order Filing 526 PAPERLESS Order setting a Telephonic Discovery Hearing at the request of the parties for 4/13/2021 at 11:30 AM before Magistrate Judge Bruce E. Reinhart. Counsel, parties, or members of the public can attend by using the following instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Counsel should dial in from a landline if possible; cellphone attendees, after noting appearance, and members of the public must remain on mute. Signed by Magistrate Judge Bruce E. Reinhart on 4/9/2021. (jgy)
April 7, 2021 Opinion or Order Filing 525 MOTION to Strike #523 Notice of Attorney Appearance, #524 Notice of Attorney Appearance, OF COUNSEL WHO DO NOT REPRESENT ANY PARTY OR LITIGANT IN THIS CASE, by Securities & Exchange Commission. Responses due by 4/21/2021 (Attachments: #1 Exhibit Exh A, #2 Exhibit Exh B, #3 Exhibit Exh C, #4 Text of Proposed Order Proposed Order)(Berlin, Amie)
April 6, 2021 Opinion or Order Filing 524 NOTICE of Attorney Appearance by Allison Jade Leonard on behalf of Eckert Seamans Cherin & Mellott, LLC, John Pauciulo. Attorney Allison Jade Leonard added to party Eckert Seamans Cherin & Mellott, LLC(pty:ip), Attorney Allison Jade Leonard added to party John Pauciulo(pty:ip). (Leonard, Allison)
April 6, 2021 Opinion or Order Filing 523 NOTICE of Attorney Appearance by Melanie Emmons Damian on behalf of John Pauciulo, Eckert Seamans Cherin & Mellott, LLC. Attorney Melanie Emmons Damian added to party John Pauciulo(pty:ip), Attorney Melanie Emmons Damian added to party Eckert Seamans Cherin & Mellott, LLC(pty:ip). (Damian, Melanie)
April 2, 2021 Opinion or Order Filing 522 RESPONSE to 488 Order Affirming and Adopting Report and Recommendations by Basavaraj A. Hooli. (drz)
March 29, 2021 Opinion or Order Filing 521 AMENDED ORDER SETTING JURY TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE granting in part and denying in part #519 Motion for Extension of Time. Discovery due by 9/10/2021. Expert Discovery due by 9/10/2021. Dispositive Motions due by 9/24/2021. In Limine Motions due by 10/22/2021. Motions due by 9/24/2021. Pretrial Stipulation due by 10/22/2021. Calendar Call set for 11/30/2021 11:00 AM in Fort Lauderdale Division before Judge Rodolfo A. Ruiz II. Jury Trial set for 12/6/2021 in Fort Lauderdale Division before Judge Rodolfo A. Ruiz II. Signed by Judge Rodolfo A. Ruiz, II on 3/29/2021. See attached document for full details. (drz)
March 29, 2021 Opinion or Order Filing 520 Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Southern District of Florida certifies that the record is complete for purposes of this appeal re: #466 Notice of Appeal, Appeal No. 21-10195-GG. The entire record on appeal is available electronically. (hh)
March 26, 2021 Opinion or Order Filing 519 Joint MOTION for Extension of Time to Extend Discovery, Motion Deadlines and Trial Date for Defendants Lisa McElhone, Joseph Cole Barleta, Joseph W. LaForte, Perry Abbonizio, Dean Vagnozzi and Michael Furman re #279 Scheduling Order,,,, Order Referring Case to Mediation,,,, Order Referring Case to Magistrate Judge,,, #261 SCHEDULING REPORT - Rule 26(f)/16.1 by Joseph W. LaForte. Responses due by 4/9/2021 (Attachments: #1 Text of Proposed Order Proposed Order)(Soto, Alejandro)
March 23, 2021 Opinion or Order Filing 518 NOTICE of Attorney Appearance by Joshua Robert Levine on behalf of Joseph W. LaForte. Attorney Joshua Robert Levine added to party Joseph W. LaForte(pty:dft). (Levine, Joshua)
March 21, 2021 Opinion or Order Filing 517 ORDER granting #513 MOTION to Expand the Receivership to Include Property Located at 2413 Roma Drive, Philadelphia, PA 19145, a 2016 Chevrolet Tahoe, a 2020 Range Rover, and Art Purchased on January 2, 2020 and January 27, 2020. Signed by Judge Rodolfo A. Ruiz, II on 3/21/2021. See attached document for full details. (as03)
March 20, 2021 Opinion or Order Filing 516 PAPERLESS ORDER granting #515 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for attorney Michael Bachner. Signed by Judge Rodolfo A. Ruiz, II on 3/20/2021. (as03)
March 19, 2021 Opinion or Order Filing 515 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Michael Bachner, Esq.. Filing Fee $ 200.00 Receipt # AFLSDC-14539407 by Lisa Mcelhone. Responses due by 4/2/2021 (Attachments: #1 Certification, #2 Text of Proposed Order)(Hirschhorn, Joel)
March 18, 2021 Opinion or Order Filing 514 NOTICE of Compliance Regarding Pillar 8 Life Settlement Fund LP by Ryan K Stumphauzer re #360 Order on Motion for Miscellaneous Relief, (Kolaya, Timothy)
March 18, 2021 Opinion or Order Filing 513 MOTION to Expand the Receivership to Include Property Located at 2413 Roma Drive, Philadelphia, PA 19145, a 2016 Chevrolet Tahoe, a 2020 Range Rover, and Art Purchased on January 2, 2020 and January 27, 2020 re #141 Order by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - City of Philadelphia Real Estate Tax Balance Search, #2 Exhibit 2 - HUD Settlement Statement, #3 Exhibit 3 - Bank of America Account Summary for March 2015, #4 Exhibit 4 - Excerpts from HBC General Ledger of Transactions, #5 Exhibit 5 - Deed and Philadelphia Real Estate Transfer Tax Certification, #6 Exhibit 6 - Email dated December 1, 2016, #7 Exhibit 7 - Bank of America Account Summary for December 2016, #8 Exhibit 8 - Email dated August 7, 2019, #9 Exhibit 9 - ENT Bank Statement for August 2019, #10 Exhibit 10 - Opera Gallery Sale Order 1, #11 Exhibit 11 - Bank of the San Juans Statement for January 2020, #12 Exhibit 12 - Opera Gallery Sale Order 2, #13 Exhibit 13 - Proposed Order)(Kolaya, Timothy)
March 16, 2021 Opinion or Order Filing 512 ORDER granting #511 Tenth MOTION to Lift Litigation Injunction as to Certain Garnishment Proceedings, to Allow Receiver to Release or Remove Security Agreements, and to Authorize Receiver to Enter into a Stipulation with Members Cooperative Credit Union re #141 Order filed by Ryan K Stumphauzer. Signed by Judge Rodolfo A. Ruiz, II on 3/16/2021. See attached document for full details. (as03)
March 15, 2021 Opinion or Order Filing 511 Tenth MOTION to Lift Litigation Injunction as to Certain Garnishment Proceedings, to Allow Receiver to Release or Remove Security Agreements, and to Authorize Receiver to Enter into a Stipulation with Members Cooperative Credit Union re #141 Order by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
March 15, 2021 Opinion or Order Filing 510 ORDER granting #509 Motion for Approval of Stipulation Regarding Email Production and for Cancellation of Discovery Hearing at 503 . The discovery hearing set for March 15, 2021 at 10am is CANCELED in light of the parties' agreement. Signed by Magistrate Judge Bruce E. Reinhart on 3/15/2021. See attached document for full details. (jgy)
March 14, 2021 Opinion or Order Filing 509 Joint MOTION for Approval of Stipulation Regarding Email Production and for Cancellation of Discovery Hearing Scheduled for March 15, 2021 re 503 Order Setting/Cancelling Hearing, by Lisa Mcelhone, Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Stipulation Regarding Email Production, #2 Exhibit 2 - Proposed Order)(Kolaya, Timothy)
March 8, 2021 Opinion or Order Filing 508 ORDER granting #498 Motion to Expand Receivership Estate to Include a Custom Cherubini Yacht, a Manitou XT Pontoon Boat, and Two Yamaha Waverunners. Signed by Judge Rodolfo A. Ruiz, II on 3/8/2021. See attached document for full details. (as03)
March 8, 2021 Opinion or Order Filing 507 ORDER granting #506 Joint Motion Regarding Show Cause Hearing Scheduled for March 11, 2021. Signed by Judge Rodolfo A. Ruiz, II on 3/8/2021. See attached document for full details. (as03)
March 8, 2021 Opinion or Order Filing 506 Joint MOTION Regarding Show Cause Hearing Scheduled for March 11, 2021 re #423 MOTION for Order to Show Cause Why Defendants Lisa McElhone and Joseph Cole Barleta Should Not Be Held in Contempt, 496 Order Setting Hearing on Motion, by Joseph Cole Barleta, Lisa Mcelhone, Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
March 8, 2021 Opinion or Order Deadline(s)/Hearing(s) terminated. (as03)
March 5, 2021 Opinion or Order Filing 505 PAPERLESS ORDER regarding evidentiary hearing set for March 11, 2021 at 2:00 P.M. EST. The Zoom hearing can be accessed at https://www.zoomgov.com/j/1602183829?pwd=UGJQMjhOWmlmU0RmSlBoVUtkNlJMUT09. The Meeting ID is 160 218 3829 and the Passcode is 003564. Signed by Judge Rodolfo A. Ruiz, II on 3/5/2021. (as03)
March 4, 2021 Opinion or Order Filing 504 PAPERLESS ORDER regarding continued discovery hearing scheduled for Monday, March 15, 2021 at 10:00 A.M. before Magistrate Judge Bruce E. Reinhart. The Zoom hearing can be accessed at https://www.zoomgov.com/j/1602002256?pwd=VUtOSG5hb0JUaHlydFRRNEFWaktKZz09. The Meeting ID is 160 200 2256 and the Passcode is 373652. Signed by Magistrate Judge Bruce E. Reinhart on 3/4/2021. (jgy)
March 4, 2021 Opinion or Order Filing 503 PAPERLESS Order setting Discovery Hearing (continued from 3/1/21) for Monday, March 15, 2021 at 10:00 AM before Magistrate Judge Bruce E. Reinhart and will take place via Zoom. The Court will enter an order in advance of the hearing providing the Zoom information. Signed by Magistrate Judge Bruce E. Reinhart on 3/4/2021. (jgy)
March 3, 2021 Opinion or Order Filing 502 PAPERLESS ORDER granting #500 Motion for Relief or, Alternatively, to Allow Counsel Bettina Schein to Appear Without Local Counsel. Counsel Bettina Schein may appear at the March 11, 2021 2:00 P.M. hearing on behalf of Joseph Cole Barleta without local counsel. Signed by Judge Rodolfo A. Ruiz, II on 3/3/2021. (as03)
March 3, 2021 Opinion or Order Filing 501 STATUS REPORT Regarding Discovery Hearing Held on March 1, 2021 by Lisa Mcelhone, Ryan K Stumphauzer (Kolaya, Timothy)
March 3, 2021 Opinion or Order Filing 500 Unopposed MOTION ALLOW COUNSEL BETTINA SCHEIN TO APPEAR WITHOUT LOCAL COUNSEL re 496 Order Setting Hearing on Motion, by Joseph Cole Barleta. (Attachments: #1 Text of Proposed Order)(Raikhelson, Andre)
March 1, 2021 Opinion or Order Filing 499 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Discovery Hearing held on 3/1/2021. Total time in court: 1 hour(s) : 5 minutes. For the reasons stated on the record, the Court is going to have a continued hearing on the two issues outlined by the parties in their Joint Discovery Memorandum at #497 . By Wednesday, March 3rd 2021, at 5:00 p.m.,the parties will notify the Court regarding a proposed date for the continued hearing as well as an estimation of how much time the parties will need for the hearing. (Digital BER_3_1_2021) (jgy)
March 1, 2021 Opinion or Order Filing 498 MOTION to Expand the Receivership Estate to Include a Custom Cherubini Yacht, a Manitou XT Pontoon Boat, and Two Yamaha Waverunners by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Contract Dated November 20, 2017, #2 Exhibit 2 - Email Dated November 24, 2017, #3 Exhibit 3 - Email Dated August 19, 2019, #4 Exhibit 4 - Excerpts from Account Statements, #5 Exhibit 5 - Email dated May 7, 2019, #6 Exhibit 6 - Bill of Sale Dated June 20, 2019, #7 Exhibit 7 - Heritage Bank Statement - June 2019, #8 Exhibit 8 - Email dated February 2, 2018, #9 Exhibit 9 - Heritage Bank Statement - Feb. 2018, #10 Exhibit 10 - Proposed Order)(Kolaya, Timothy)
February 27, 2021 Opinion or Order Filing 497 REPORT REGARDING Discovery Hearing Scheduled for March 1, 2021 by Lisa Mcelhone, Ryan K Stumphauzer (Attachments: #1 Exhibit A - Email from A. Futerfas Dated Feb. 9, 2021, #2 Exhibit B - Email from T. Kolaya dated January 12, 2021, #3 Exhibit C - Email from A. Futerfas Dated Jan. 25, 2021, #4 Exhibit D - Email from A. Futerfas Dated Feb. 1, 2021, #5 Exhibit E - Principles for the Discovery of Electronically Stored Information in Civil Cases)(Kolaya, Timothy)
February 26, 2021 Opinion or Order Filing 496 PAPERLESS ORDER setting evidentiary hearing on #423 Receiver Ryan K. Stumphauzer's Motion for an Order Requiring Lisa McElhone and Joseph Cole Barleta to Show Cause Why They Should Not Be Held in Contempt. The evidentiary hearing is set for March 11, 2021 at 2:00 P.M. EST and will take place via Zoom. The Court will enter an order in advance of the hearing providing the Zoom information. Signed by Judge Rodolfo A. Ruiz, II on 2/26/2021. (as03)
February 24, 2021 Opinion or Order Filing 495 PAPERLESS Order setting Discovery Hearing at the request of the parties for for 3/1/2021 at 03:00 PM before Magistrate Judge Bruce E. Reinhart.Counsel, parties, or members of the public can attend by using the following instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Counsel should dial in from a landline if possible; cellphone attendees, after noting appearance, and members of the public must remain on mute. Signed by Magistrate Judge Bruce E. Reinhart on 2/24/2021. (jgy)
February 23, 2021 Opinion or Order Filing 494 NOTICE OF WITHDRAWAL OF MOTION by Wilmington Savings Fund Society, FSB, not in its individual capacity but solely as Trustee for Invictus Residential Pooler Trust 3A re #476 MOTION to Intervene and for Relief from the Amended Order Appointing Receiver re #141 Order filed by Wilmington Savings Fund Society, FSB, not in its individual capacity but solely as Trustee for Invictus Residential Pooler Trust 3A (Waldman, Damian)
February 22, 2021 Opinion or Order Filing 493 RESPONSE to #482 Status Report, by Joseph W. LaForte, Lisa Mcelhone. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Soto, Alejandro)
February 20, 2021 Opinion or Order Filing 492 ORDER granting #491 Receiver's Second Application for Allowance and Payment of Professionals' Fees and Reimbursement of Expenses. Signed by Judge Rodolfo A. Ruiz, II on 2/19/2021. See attached document for full details. (as03)
February 16, 2021 Opinion or Order Filing 491 MOTION Receiver's Second Application for Allowance and Payment of Professionals' Fees and Reimbursement of Expenses for October 1, 2020 - December 31, 2020 by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Receiver's Certification, #2 Exhibit 2 - Summary of Total Compensation and Expenses Requested, #3 Exhibit 3(a) - Fee Schedule: Stumphauzer Foslid Sloman Ross & Kolaya, PLLC, #4 Exhibit 3(b) - Fee Schedule: Pietragallo Gordon Alfano Bosick & Raspanti, LLP, #5 Exhibit 3(c) - Fee Schedule: Development Specialists, Inc., #6 Exhibit 3(d) - Fee Schedule: Lawgical Insight, LLC, #7 Exhibit 3(e) - Fee Schedule: H.D. Investigative Group, LLC, #8 Exhibit 3(f) - Fee Schedule: Fox Rothschild, #9 Exhibit 4(a) - Time Records: Stumphauzer Foslid Sloman Ross & Kolaya, PLLC, #10 Exhibit 4(b) - Time Records: Pietragallo Gordon Alfano Bosick & Raspanti, LLP, #11 Exhibit 4(c) - Time Records: Development Specialists, Inc., #12 Exhibit 4(d) - Time Records: Lawgical Insight, LLC, #13 Exhibit 4(e) - Time Records: H.D. Investigative Group, LLC, #14 Exhibit 4(f) - Time Records: Fox Rothschild)(Kolaya, Timothy)
February 10, 2021 Opinion or Order Filing 490 ORDER Adopting #486 Report and Recommendations. Signed by Judge Rodolfo A. Ruiz, II on 2/10/2021. See attached document for full details. (as03)
February 10, 2021 Opinion or Order Filing 489 NOTICE by Securities & Exchange Commission of No Objection to Report and Recommendation (Berlin, Amie)
February 10, 2021 Opinion or Order Filing 488 PAPERLESS ORDER regarding #486 Report and Recommendation Regarding Receiver's First Application for Allowance and Payment of Professionals' Fees and Reimbursement of Expenses ("Report"). If counsel intend to file objections, they shall file a notice advising the Court of their intent to object to the Report by 5:00 P.M. EST on February 10, 2021. Signed by Judge Rodolfo A. Ruiz, II on 2/10/2021. (as03)
February 6, 2021 Opinion or Order Filing 487 ORDER granting #485 the Receiver's Combined Ninth Motion to Lift Litigation Injunction as to Certain Garnishment Proceedings, to Allow Receiver to Release or Remove Security Agreements, and to Authorize Receiver to Enter into a Settlement Agreement with Chapter 11 Debtor, Ashley Aarons d/b/a Coffee Dog Entertainment. Signed by Judge Rodolfo A. Ruiz, II on 2/6/2021. See attached document for full details. (as03)
February 5, 2021 Opinion or Order Filing 486 REPORT AND RECOMMENDATIONS re #438 MOTION Receiver's First Application for Allowance and Payment of Professionals' Fees and Reimbursement of Expenses for July 27, 2020 - September 30, 2020 filed by Ryan K Stumphauzer Objections to R&R due by 2/19/2021 Signed by Magistrate Judge Bruce E. Reinhart See attached document for full details. (BER)
February 4, 2021 Opinion or Order Filing 485 MOTION to Lift Litigation Injection as to Certain Garnishment Proceedings (Ninth), to Allow Receiver to Release or Remove Security Agreements, and to Authorize Receiver to Enter into a Settlement Agreement with Chapter 11 Debtor in Possession for Ashley Aarons d/b/a Coffee Dog Entertainment re #141 Order by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
February 2, 2021 Opinion or Order Filing 484 ORDER granting #468 Receiver's Third Motion to Expand Receivership Estate and Motion to Correct Scrivener's Errors In Prior Orders Expanding Receivership Estate. Signed by Judge Rodolfo A. Ruiz, II on 2/2/2021. See attached document for full details. (as03)
February 2, 2021 Opinion or Order Filing 483 PAPERLESS ORDER denying as moot #459 Motion to Compel Receiver's Production of Documents Responsive to Defendant Lisa McElhone's Requests for Production of Documents by Defendants Joseph W. LaForte, Dean J. Vagnozzi, and by Perry S Abbonizio. Signed by Magistrate Judge Bruce E. Reinhart on 2/2/2021. (jgy)
February 1, 2021 Opinion or Order Filing 482 STATUS REPORT - Quarterly Status Report Dated February 1, 2021 by Ryan K Stumphauzer (Attachments: #1 Exhibit 1 - Quarterly Report from DSI, #2 Exhibit 2 - Corrected Declaration of Bradley Sharp, #3 Exhibit 3 - Statement of Assets for LME 2017 Family Trust, #4 Exhibit 4 - Summary of Properties Included in the Receivership Estate)(Kolaya, Timothy)
January 27, 2021 Opinion or Order Filing 481 TRANSCRIPT INFORMATION FORM by L.M.E. 2017 Family Trust, Joseph W. LaForte, Lisa Mcelhone re #466 Notice of Appeal,,. No Transcript Requested. (Ferguson, David)
January 27, 2021 Opinion or Order Filing 480 NOTICE of Change of Address, Email or Law Firm Name by Ronald Matthew Gache (Gache, Ronald)
January 26, 2021 Opinion or Order Filing 479 Acknowledgment of Receipt of NOA from USCA re #466 Notice of Appeal, filed by L.M.E. 2017 Family Trust, Lisa Mcelhone, Joseph W. LaForte. Date received by USCA: 1/19/2021. USCA Case Number: 21-10195-G. (apz)
January 25, 2021 Opinion or Order Filing 478 STATUS REPORT Regarding Settlement by Securities & Exchange Commission (Berlin, Amie)
January 22, 2021 Opinion or Order Filing 477 PAPERLESS ORDER regarding #476 Non-Party Wilmington Savings Fund Society, FSB, Not In Its Individual Capacity But Solely As Trustee For Invictus Residential Pooler Trust 3A's ("Movant") Motion to Intervene and for Relief from the Amended Order Appointing Receiver ("Motion"). The Movant shall meet and confer with the Receiver and Plaintiff and shall file a notice with the Court indicating whether the Receiver and/or Plaintiff object to the relief sought in the Motion and if so, the reasons for the objection. Signed by Judge Rodolfo A. Ruiz, II on 1/22/2021. (as03)
January 21, 2021 Opinion or Order Filing 476 MOTION to Intervene and for Relief from the Amended Order Appointing Receiver re #141 Order by Wilmington Savings Fund Society, FSB, not in its individual capacity but solely as Trustee for Invictus Residential Pooler Trust 3A. (Attachments: #1 Exhibit A, #2 Exhibit B)(Waldman, Damian)
January 21, 2021 Opinion or Order Filing 475 NOTICE of Attorney Appearance by Damian George Waldman on behalf of Wilmington Savings Fund Society, FSB, not in its individual capacity but solely as Trustee for Invictus Residential Pooler Trust 3A. Attorney Damian George Waldman added to party Wilmington Savings Fund Society, FSB, not in its individual capacity but solely as Trustee for Invictus Residential Pooler Trust 3A (pty:dft). (Waldman, Damian)
January 20, 2021 Opinion or Order Filing 474 TRANSCRIPT of Hearing held on 12/23/2020 before Magistrate Judge Bruce E. Reinhart, 1-37 pages, re: #466 Notice of Appeal, Court Reporter: Joanne Mancari, 305-523-5635. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/10/2021. Redacted Transcript Deadline set for 2/22/2021. Release of Transcript Restriction set for 4/20/2021. (apz)
January 20, 2021 Opinion or Order Filing 473 REPLY to Response to Motion re #423 MOTION for Order to Show Cause Why Defendants Lisa McElhone and Joseph Cole Barleta Should Not Be Held in Contempt filed by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Declaration of Michael Russo, #2 Exhibit 2 - Email Chain Dated December 4, 2020)(Kolaya, Timothy)
January 19, 2021 Opinion or Order Transmission of Notice of Appeal, Order and Docket Sheet to US Court of Appeals re #466 Notice of Appeal, Notice has been electronically mailed. (apz)
January 18, 2021 Opinion or Order Filing 472 ORDER granting #470 Receiver's Motion to Approve Payment of Certain Electronic Discovery Costs in the Ordinary Course of the Administration and Operation of the Receivership. Signed by Judge Rodolfo A. Ruiz, II on 1/18/2021. See attached document for full details. (as03)
January 15, 2021 Opinion or Order Filing 471 PAPERLESS ORDER regarding #468 Receiver's Third Motion to Expand Receivership Estate ("Motion"). The Motion states that Defendants Lisa McElhone and Joseph Laforte do not consent to an expansion of the receivership to include 500 Fairmount Avenue, LLC as one of the Receivership Entities. Should Defendants wish to file a response addressing this entity, they shall do so on or before January 22, 2021. No reply will be permitted unless one is requested by the Court. Signed by Judge Rodolfo A. Ruiz, II on 1/15/2021. (as03)
January 15, 2021 Opinion or Order Filing 470 MOTION to Approve Payment of Certain Electronic Discovery Costs in the Ordinary Course of the Administration and Operation of the Receivership by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Qualifications of IST Management Services, Inc., #2 Exhibit 2 - Proposed Order)(Kolaya, Timothy)
January 15, 2021 Opinion or Order Filing 469 PAPERLESS ORDER directing the #459 Motion to Compel movants (Defendants Joseph W. LaForte, Dean J. Vagnozzi, and Perry S Abbonizio) to file a reply regarding whether, based on the Receiver's representations in its Response at #464 , the Motion to Compel is now moot. Signed by Magistrate Judge Bruce E. Reinhart on 1/15/2021. (jgy)
January 14, 2021 Opinion or Order Filing 468 Third MOTION to Expand Receivership Estate and Motion to Correct Scrivener's Errors in Prior Orders Expanding Receivership Estate by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Declaration of Timothy M. Hazel, #2 Exhibit 2 - Proposed Order)(Kolaya, Timothy)
January 13, 2021 Opinion or Order Filing 467 RESPONSE in Opposition re #423 MOTION for Order to Show Cause Why Defendants Lisa McElhone and Joseph Cole Barleta Should Not Be Held in Contempt filed by Joseph Cole Barleta, Lisa Mcelhone. Replies due by 1/20/2021. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Hirschhorn, Joel)
January 13, 2021 Opinion or Order Filing 466 Notice of Appeal as to #436 Order on Motion for Miscellaneous Relief by L.M.E. 2017 Family Trust, Joseph W. LaForte, Lisa Mcelhone. Filing fee $ 505.00 receipt number AFLSDC-14208586. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (Ferguson, David)
January 12, 2021 Opinion or Order Filing 465 Notice of Supplemental Authority re #416 Response in Opposition to Motion, of Defendants Joint Motion to Dismiss by Securities & Exchange Commission (Attachments: #1 Exhibit A. Disgorgement Amendment) (Berlin, Amie)
January 11, 2021 Opinion or Order Filing 464 RESPONSE in Opposition re #459 MOTION to Compel Receiver's Production of Documents Responsive to Defendant Lisa McElhone's Requests for Production of Documents by Defendants Joseph W. LaForte, Dean J. Vagnozzi, and filed by Ryan K Stumphauzer. Replies due by 1/19/2021. (Kolaya, Timothy)
January 11, 2021 Opinion or Order Filing 463 PAPERLESS ORDER granting #462 Defendants' Unopposed Joint Motion for Extension of Time to File Response. Defendants Lisa McElhone and Joseph Cole Barleta shall file their Joint Response to the Receiver's Motion for an Order to Show Cause on or before January 13, 2021. Signed by Judge Rodolfo A. Ruiz, II on 1/11/2021. (as03)
January 11, 2021 Opinion or Order Filing 462 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 447 Order on Motion for Extension of Time to File Response/Reply/Answer, by Joseph Cole Barleta, Lisa Mcelhone. (Hirschhorn, Joel)
January 8, 2021 Opinion or Order Filing 461 NOTICE by Ryan K Stumphauzer of Filing Motion to Stay Proceedings in Nevada Litigation Involving Receivership Entity The LME 2017 Family Trust (Attachments: #1 Exhibit 1 - Motion to Stay Proceedings, #2 Exhibit 2 - Appendix to Motion to Stay Proceedings) (Kolaya, Timothy)
January 5, 2021 Opinion or Order Filing 460 STATUS REPORT Pursuant to 458 the Court's Order Dated December 31, 2020 Regarding #415 Motion to File Unredacted Copies of Lisa McElhone's Personal Financial Statements and Related Communications by Ryan K Stumphauzer (Kolaya, Timothy)
January 5, 2021 Opinion or Order Filing 459 MOTION to Compel Receiver's Production of Documents Responsive to Defendant Lisa McElhone's Requests for Production of Documents by Defendants Joseph W. LaForte, Dean J. Vagnozzi, and by Perry S Abbonizio. Responses due by 1/19/2021 (Attachments: #1 Exhibit A - McElhone's First Document Requests, #2 Exhibit B - McElhone's Second Document Requests, #3 Exhibit C - McElhone's Third Document Requests, #4 Exhibit D - Letter to Receiver)(Marcus, Jeffrey)
December 31, 2020 Opinion or Order Filing 458 PAPERLESS ORDER regarding #415 Receiver's Motion to File Unredacted Copies of Lisa McElhone's Personal Financial Statements and Related Communications ("Motion"). Defendant Lisa McElhone filed a response to the motion [ECF No. 435] requesting that the Court defer ruling on the Motion pending ongoing negotiations between the Receiver and Defendants concerning various discovery issues, including a protective order. Accordingly, on or before January 5, 2021, the Receiver shall file a brief status report notifying the Court whether the relief sought in the Motion is still needed in light of recent developments in the case--e.g., the Court's order expanding the receivership [ECF No. 436] and protective order [ECF No. 437]. Signed by Judge Rodolfo A. Ruiz, II on 12/31/2020. (as03)
December 31, 2020 Opinion or Order Filing 457 PAPERLESS ORDER. Certain Defendants notified this court of a potential discovery issue with the Receiver. This Court has directed Defendants to file a written Motion to Compel addressing the discovery issue. After Defendants file said Motion to Compel, the receiver shall have five days to respond. Signed by Magistrate Judge Bruce E. Reinhart on 12/31/2020. (jgy)
December 28, 2020 Opinion or Order Filing 456 NOTICE by Securities & Exchange Commission re 452 Order,, (Attachments: #1 Exhibit A. Mediators Report) (Berlin, Amie)
December 23, 2020 Opinion or Order Filing 455 REPLY to Response to Motion re #363 Joint MOTION TO DISMISS #119 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by Defendants Lisa McElhone, Joseph Laforte, Joseph Cole, Perry Abbonizio, Michael Furman, Dean Vagnozzi, and filed by Joseph W. LaForte. (Attachments: #1 Exhibit 1)(Soto, Alejandro)
December 23, 2020 Opinion or Order Filing 454 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Discovery Hearing held on 12/23/2020. Total time in court: 0 hour(s) : 51 minutes. (Digital BER_1_12.23.2020) (jgy)
December 22, 2020 Opinion or Order Filing 453 RESPONSE in Support re #363 Joint MOTION TO DISMISS #119 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by Defendants Lisa McElhone, Joseph Laforte, Joseph Cole, Perry Abbonizio, Michael Furman, Dean Vagnozzi, and filed by The LME 2017 Family Trust. (Attachments: #1 Exhibit 1)(Soto, Alejandro)
December 22, 2020 Opinion or Order Filing 452 PAPERLESS ORDER REQUIRING FILING OF MEDIATION REPORT. Pursuant to the Court's Order Scheduling Mediation [ECF No. 374], the parties were required to file a mediation report within seven (7) days of their mediation conference. The mediation conference in this matter took place on December 7, 2020 and to date, the parties have not filed a mediation report. Accordingly, the parties are hereby ordered to file their mediation report on or before December 28, 2020. Signed by Judge Rodolfo A. Ruiz, II on 12/22/2020. (as03)
December 22, 2020 Opinion or Order Filing 451 ORDER REFERRING #438 Receiver's First Application for Allowance and Payment of Professionals' Fees and Reimbursement of Expenses for July 27, 2020 - September 30, 2020 filed by Ryan K. Stumphauzer. Motions referred to Judge Bruce E. Reinhart. Signed by Judge Rodolfo A. Ruiz, II on 12/22/2020. See attached document for full details. (as03)
December 21, 2020 Opinion or Order Set/Reset Hearings per DE 432 a telephonic Discovery Hearing is set for 12/23/2020 at 02:00 PM before Magistrate Judge Bruce E. Reinhart.Counsel shall appear telephonically using the following conference call instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Signed by Magistrate Judge Bruce E. Reinhart on 12/21/2020. (jgy)
December 19, 2020 Opinion or Order Filing 450 PAPERLESS ORDER granting #449 Receiver's Motion for Extension of Time to File Motion to Compel Pursuant to Order Dated December 15, 2020. If necessary, Receiver shall file the motion to compel on or before December 22, 2020. Signed by Judge Rodolfo A. Ruiz, II on 12/19/2020. (as03)
December 18, 2020 Opinion or Order Filing 449 Unopposed MOTION for Extension of Time to File Motion to Compel Pursuant to Order Dated December 15, 2020 re 434 Order,, by Ryan K Stumphauzer. Responses due by 1/4/2021 (Attachments: #1 Text of Proposed Order)(Kolaya, Timothy)
December 18, 2020 Opinion or Order Filing 448 SECOND Clerk's Notice of Undeliverable Mail re 420 Clerk's Notice of Undeliverable Mail, 419 Order on Motion for Extension of Time to File Response/Reply/Answer,. US Mail returned for: Basavaraj A. Hooli.. The Court has not located an updated address for this party. After two undeliverable notices from the Court, notices will no longer be sent to this party in this case until a correct address is provided. (pgz)
December 18, 2020 Opinion or Order Filing 447 PAPERLESS ORDER granting #446 Defendants Lisa McElhone and Joseph Cole Barleta's Motion for Extension of Time to Respond to the Receiver's Motion for an Order to Show Cause. Defendants shall file their response on or before January 11, 2021. Signed by Judge Rodolfo A. Ruiz, II on 12/18/2020. (as03)
December 18, 2020 Opinion or Order Filing 446 MOTION for Extension of Time to File Response/Reply/Answer as to #425 Order on Motion for Order to Show Cause by Joseph Cole Barleta, Lisa Mcelhone. (Attachments: #1 Text of Proposed Order)(Hirschhorn, Joel)
December 18, 2020 Opinion or Order Filing 445 TRANSCRIPT of Telephonic Motion Hearing (via Zoom) held on 12-15-2020 before Judge Rodolfo A. Ruiz, II, 1-127 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 1/8/2021. Redacted Transcript Deadline set for 1/19/2021. Release of Transcript Restriction set for 3/18/2021. (gbx)
December 17, 2020 Opinion or Order Filing 444 PAPERLESS ORDER granting #440 Defendants' Joint Motion for Extension of Time. Defendants shall file their reply in support of their motion to dismiss on or before December 22, 2020. Signed by Judge Rodolfo A. Ruiz, II on 12/17/2020. (as03)
December 17, 2020 Opinion or Order Filing 443 PAPERLESS ORDER denying #295 Motion for Protective Order and Motion to Quash the Subpoena Duces Tecum; and denying as moot #295 Motion for Attorney Fees. For the reasons stated on the record at 441 , the Motion for Protective Order and Motion to Quash is DENIED. As stated in the parties' Joint Status Report at #422 , the parties have resolved all issues, but one. Thus, pursuant to this order, AGM Capital Fund II, LLC is hereby ordered to produce the documents still in dispute according to the parties' Joint Status Report. Signed by Magistrate Judge Bruce E. Reinhart on 12/17/2020. (jgy)
December 17, 2020 Opinion or Order Filing 442 PAPERLESS ORDER denying #294 Motion for Protective Order and Motion to Quash the Subpoena Duces Tecum; and denying as moot #294 Motion for Attorney Fees. For the reasons stated on the record at 441 , the Motion for Protective Order and Motion to Quash is DENIED. As stated in the parties' Joint Status Report at #422 , the parties have resolved all issues, but one. Thus, pursuant to this order, AGM Capital Fund I, LLC. is hereby ordered to produce the documents still in dispute according to the parties' Joint Status Report. Signed by Magistrate Judge Bruce E. Reinhart on 12/17/2020. (jgy)
December 17, 2020 Opinion or Order Filing 441 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Discovery Hearing held on 12/17/2020. Total time in court: 0 hour(s) : 40 minutes. (Digital BER_1_12.17.2020) (jgy)
December 17, 2020 Opinion or Order Filing 440 Joint MOTION for Extension of Time to File Response/Reply/Answer as to #416 Response in Opposition to Motion, by Defendants Lisa McElhone, Joseph Cole Barleta, Joseph W. LaForte, Michael C. Furman, Dean Vagnozzi, Relief Defendant The L.M.E. 2017 Family Trust, and by Perry S Abbonizio. (Attachments: #1 Proposed Order)(Marcus, Jeffrey)
December 17, 2020 Opinion or Order Filing 439 NOTICE by The LME 2017 Family Trust of Petition in Nevada State Court (Attachments: #1 Exhibit 1) (Soto, Alejandro)
December 16, 2020 Opinion or Order Filing 438 MOTION Receiver's First Application for Allowance and Payment of Professionals' Fees and Reimbursement of Expenses for July 27, 2020 - September 30, 2020 by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Receiver's Certification, #2 Exhibit 2 - Summary of Total Compensation and Expenses Requested, #3 Exhibit 3(a) - Fee Schedule: Stumphauzer Foslid Sloman Ross & Kolaya, PLLC, #4 Exhibit 3(b) - Fee Schedule: Pietragallo Gordon Alfano Bosick & Raspanti, LLP, #5 Exhibit 3(c) - Fee Schedule: Development Specialists, Inc., #6 Exhibit 3(d) - Fee Schedule: Lawgical Insight, LLC, #7 Exhibit 3(e) - Fee Schedule: H.D. Investigative Group, LLC, #8 Exhibit 4(a) - Time Records: Stumphauzer Foslid Sloman Ross & Kolaya, PLLC, #9 Exhibit 4(b) - Time Records: Pietragallo Gordon Alfano Bosick & Raspanti, LLP, #10 Exhibit 4(c) - Time Records: Development Specialists, Inc., #11 Exhibit 4(d) - Time Records: Lawgical Insight, LLC, #12 Exhibit 4(e) - Time Records: H.D. Investigative Group, LLC)(Kolaya, Timothy)
December 16, 2020 Opinion or Order Filing 437 PROTECTIVE ORDER Signed by Judge Rodolfo A. Ruiz, II on 12/16/2020. See attached document for full details. (as03)
December 16, 2020 Opinion or Order Filing 436 ORDER granting #357 Receiver's Motion to Expand Receivership Estate. Signed by Judge Rodolfo A. Ruiz, II on 12/16/2020. See attached document for full details. (as03)
December 16, 2020 Opinion or Order Set/Reset Hearings per DE 428 a telephonic Discovery Hearing is set for 12/17/2020 04:00 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Counsel shall appear telephonically using the following conference call instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. (tmn)
December 15, 2020 Opinion or Order Filing 435 RESPONSE in Opposition re #415 MOTION for Leave to File Unredacted Copies of Defendant Lisa McElhones Personal Financial Statements and Related Communications filed by Lisa Mcelhone. Replies due by 12/22/2020. (Hirschhorn, Joel)
December 15, 2020 Opinion or Order Filing 434 PAPERLESS ORDER REGARDING DISCOVERY ISSUES DISCUSSED AT DECEMBER 15, 2020 STATUS CONFERENCE. As discussed at the status conference, by December 15, 2020, Defendants and the Receiver shall submit proposed protective orders for the Court's consideration. Additionally, as discussed at the status conference, the parties shall meet and confer concerning the materials the Receiver requested that Defendants produce before the Receiver will provide Defendants access to CBSG's financial data. If the parties are unable to reach an agreement, the Receiver shall file a motion to compel production of those materials on or before December 18, 2020. Signed by Judge Rodolfo A. Ruiz, II on 12/15/2020. (as03)
December 15, 2020 Opinion or Order Filing 433 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Status Conference held on 12/15/2020. Attorney Appearance(s): All Counsel of Record, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov. (gp)
December 15, 2020 Opinion or Order Filing 432 PAPERLESS Order setting Discovery Hearing for 12/23/2020 at 02:00 PM before Magistrate Judge Bruce E. Reinhart.Counsel shall appear telephonically using the following conference call instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Signed by Magistrate Judge Bruce E. Reinhart on 12/15/2020. (jgy)
December 15, 2020 Opinion or Order Reset Hearings **TIME CHANGE ONLY** Zoom Status Conference set for 12/15/2020 03:00 PM before Judge Rodolfo A. Ruiz II. Per [ECF No. 429] Paperless Order. (gp)
December 14, 2020 Opinion or Order Filing 431 PAPERLESS ORDER DENYING #430 Defendants' Joint Motion to Adjourn the Status Conference ("Motion"). The Court recognizes Defendants' position that the Declaration [ECF No. 426-1] ("Declaration") filed by Development Specialists, Inc. ("DSI") CEO Bradley D. Sharp on behalf of the Receiver is purportedly "materially flawed," as well as Defendants' request to have "an opportunity to address the Declaration and rebut its conclusions prior to the Court's consideration of the Declaration." Mot. at 1-3. However, the status conference set for tomorrow at 3:00 PM is designed to provide the Court an opportunity to discuss the progress of the Receiver's collection efforts and ongoing management of the Receivership Entities--not to entertain oral argument regarding the disputed contents of the Declaration. To be clear, the Court also intends on asking the Receiver about the findings contained in the Declaration at the status conference in order to obtain further clarification on certain points. The Court reminds all parties that "the Receiver is an officer of the [C]ourt," SEC v. Elliot, 953 F. 2d 1560, 1577 (11th Cir. 1992), and that the Court has tasked the Receiver with independently ascertaining the financial condition of the Receivership Entities. Thus, the Court has an obligation to monitor the Receivership's efforts, independent of the SEC and Defendants' respective views of the evidence. See id. (indicating that the Receiver acts under supervision of the Court). At the status conference, the Court shall address Defendants' opportunity to submit a written response to the Declaration. Signed by Judge Rodolfo A. Ruiz, II on 12/14/2020. (as03)
December 14, 2020 Opinion or Order Filing 430 Joint MOTION to Adjourn the Status Conference Scheduled for December 15, 2020 Due to the Filing of the Receivers Status Report on the Evening of December 13, 2020 and for Related Relief by Perry S Abbonizio, Joseph Cole Barleta, Michael C Furman, Joseph W. LaForte, Lisa Mcelhone, The LME 2017 Family Trust. (Hirschhorn, Joel)
December 14, 2020 Opinion or Order Filing 429 PAPERLESS ORDER granting #427 Motion for 1-Hour Continuance of Status Conference. The Zoom status conference scheduled for Tuesday, December 15, 2020 at 2:00 P.M. is hereby RESET for Tuesday, December 15, 2020 at 3:00 P.M. The Zoom conference can be accessed at https://www.zoomgov.com/j/1613633795?pwd=STY0VU5HbEkrY3FKNXowVG9kVWpadz09. The Meeting ID is 161 363 3795 and the Passcode is 046899. Signed by Judge Rodolfo A. Ruiz, II on 12/14/2020. (as03)
December 14, 2020 Opinion or Order Filing 428 PAPERLESS ORDER taking under advisement #294 , #295 , #315 , and in light of the parties' request in #422 , a Discovery Hearing is set for 12/17/2020 at 04:00 PM before Magistrate Judge Bruce E. Reinhart. Counsel shall appear telephonically using the following conference call instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Signed by Magistrate Judge Bruce E. Reinhart on 12/14/2020. (jgy)
December 14, 2020 Opinion or Order Filing 427 MOTION to Continue Status Conference for 1-Hour by Securities & Exchange Commission. Responses due by 12/28/2020 (Attachments: #1 Text of Proposed Order)(Berlin, Amie)
December 13, 2020 Opinion or Order Filing 426 NOTICE by Ryan K Stumphauzer of Filing Report on Operations in Connection with Status Conference to Be Conducted on December 15, 2020 (Attachments: #1 Exhibit 1 - Declaration of Bradley D. Sharp Dated December 13, 2020) (Kolaya, Timothy)
December 12, 2020 Opinion or Order Filing 425 Order For Lisa McElhone and Joseph Cole Barleta to Show Cause Why They Should Not be Held in Contempt. Signed by Judge Rodolfo A. Ruiz, II on 12/11/2020. See attached document for full details. (as03)
December 11, 2020 Opinion or Order Filing 424 ORDER granting #421 Receiver's Eighth Motion to Lift Litigation Injunction. Signed by Judge Rodolfo A. Ruiz, II on 12/11/2020. See attached document for full details. (as03)
December 11, 2020 Opinion or Order Filing 423 MOTION for Order to Show Cause Why Defendants Lisa McElhone and Joseph Cole Barleta Should Not Be Held in Contempt by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - List of Files re CBSG, #2 Exhibit 2 - List of Files re Par Funding, #3 Exhibit 3 - E-mail Dated December 7, 2020)(Kolaya, Timothy)
December 11, 2020 Opinion or Order Filing 422 STATUS REPORT Joint Notice of Status of Discovery Dispute by AGM Capital Fund I, LLC (Biard, Benjamin)
December 11, 2020 Opinion or Order Filing 421 Eighth 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)
December 10, 2020 Opinion or Order Filing 420 FIRST Clerk's Notice of Undeliverable Mail re 412 Order on Motion for Extension of Time, 413 Order on Motion for Extension of Time to File Response/Reply/Answer, 410 Discovery Hearing,. US Mail returned for: Basavaraj A. Hooli. The Court has not located an updated address for this party. After two undeliverable notices from the Court, notices will no longer be sent to this party in this case until a correct address is provided. (pgz)
December 8, 2020 Opinion or Order Filing 419 PAPERLESS ORDER granting #418 Defendants' Joint Motion for Extension of Time and For Additional Pages. Defendants shall file their joint reply on or before December 18, 2020 and are permitted to exceed the page limit by ten (10) pages. Signed by Judge Rodolfo A. Ruiz, II on 12/8/2020. (as03)
December 5, 2020 Opinion or Order Filing 418 Joint MOTION for Extension of Time to File Response/Reply/Answer as to #416 Response in Opposition to Motion, by Defendants Lisa McElhone, Joseph Cole Barleta, Joseph W. LaForte, Michael C. Furman, Dean Vagnozzi, Relief Defendant The L.M.E. 2017 Family Trust, and by Perry S Abbonizio. (Attachments: #1 Text of Proposed Order)(Marcus, Jeffrey)
December 4, 2020 Opinion or Order Filing 417 NOTICE OF WITHDRAWAL OF MOTION by Lead Funding II, LLC re #386 MOTION to Intervene and Lift Litigation Injunction to Allow It to Proceed with Foreclosure Action in Colorado State Court filed by Lead Funding II, LLC (Gache, Ronald)
December 1, 2020 Opinion or Order Filing 416 RESPONSE in Opposition re #363 Joint MOTION TO DISMISS #119 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by Defendants Lisa McElhone, Joseph Laforte, Joseph Cole, Perry Abbonizio, Michael Furman, Dean Vagnozzi, and filed by Securities & Exchange Commission. Replies due by 12/8/2020. (Berlin, Amie)
December 1, 2020 Opinion or Order Filing 415 MOTION for Leave to File Unredacted Copies of Defendant Lisa McElhones Personal Financial Statements and Related Communications by Ryan K Stumphauzer. (Kolaya, Timothy)
December 1, 2020 Opinion or Order Filing 414 REPLY to Response to Motion re #357 MOTION to Expand Receivership filed by Ryan K Stumphauzer. (Kolaya, Timothy)
November 30, 2020 Opinion or Order Filing 413 PAPERLESS ORDER granting #407 Receiver's Motion for Extension of Time to File Reply in Further Support of Motion to Expand Receivership Estate. Receiver shall file his reply on or before December 1, 2020. Signed by Judge Rodolfo A. Ruiz, II on 11/30/2020. (as03)
November 30, 2020 Opinion or Order Filing 412 PAPERLESS ORDER granting #411 Plaintiff Securities and Exchange Commission's Unopposed Motion for 1 Day Extension of Time. Plaintiff shall file its Response to the Motion to Dismiss on or before December 1, 2020. Signed by Judge Rodolfo A. Ruiz, II on 11/30/2020. (as03)
November 30, 2020 Opinion or Order Filing 411 Unopposed MOTION for Extension of Time for 24 Hours to File Response re #363 Joint MOTION TO DISMISS #119 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by Defendants Lisa McElhone, Joseph Laforte, Joseph Cole, Perry Abbonizio, Michael Furman, Dean Vagnozzi, and by Securities & Exchange Commission. Responses due by 12/14/2020 (Attachments: #1 Text of Proposed Order Proposed Order)(Berlin, Amie)
November 30, 2020 Opinion or Order Filing 410 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Discovery Hearing held on 11/30/2020 taking under advisement #294 , #295 , and #315 . The Parties are hereby ordered to submit a Status Report no later than 5pm on Friday, December 11, 2020, in which they will advise whether the matter has been resolved or another hearing is needed to resolve this matter. Total time in court: 0 hour(s) : 9 minutes. (Digital BER_1_11.30.20) (jgy)
November 27, 2020 Opinion or Order Filing 409 RESPONSE in Opposition re #386 MOTION to Intervene and Lift Litigation Injunction to Allow It to Proceed with Foreclosure Action in Colorado State Court filed by Securities & Exchange Commission. Replies due by 12/4/2020. (Berlin, Amie)
November 27, 2020 Opinion or Order Filing 408 RESPONSE in Opposition re #386 MOTION to Intervene and Lift Litigation Injunction to Allow It to Proceed with Foreclosure Action in Colorado State Court filed by Ryan K Stumphauzer. Replies due by 12/4/2020. (Attachments: #1 Exhibit 1 - Elbert County Tenants in Common Agreement)(Kolaya, Timothy)
November 25, 2020 Opinion or Order Filing 407 MOTION for Extension of Time to File Response/Reply/Answer as to #357 MOTION to Expand Receivership by Ryan K Stumphauzer. (Attachments: #1 Text of Proposed Order)(Kolaya, Timothy)
November 24, 2020 Opinion or Order Filing 406 PAPERLESS ORDER granting #405 Defendants' Motion to Postpone Status Conference. The Zoom status conference currently set for December 1, 2020 at 2:00 P.M. is hereby RESET to December 15, 2020 at 2:00 P.M.. The Zoom conference can be accessed at https://www.zoomgov.com/j/1613633795?pwd=STY0VU5HbEkrY3FKNXowVG9kVWpadz09. The Meeting ID is 161 363 3795 and the Passcode is 046899. Signed by Judge Rodolfo A. Ruiz, II on 11/24/2020. (as03)
November 24, 2020 Opinion or Order Filing 405 Joint MOTION to Continue the December 1, 2020 Status Conference by Defendants Lisa McElhone, Joseph Laforte, Joseph Cole, Perry Abbonizio, Michael Furman, Dean Vagnozzi, and by The LME 2017 Family Trust. Responses due by 12/8/2020 (Attachments: #1 Text of Proposed Order)(Soto, Alejandro)
November 24, 2020 Opinion or Order Reset Hearings: Zoom Status Conference RESET for 12/15/2020 02:00 PM before Judge Rodolfo A. Ruiz II. [Per ECF No. 406]. (gp)
November 23, 2020 Opinion or Order Filing 404 PAPERLESS ORDER granting #402 Plaintiff Securities and Exchange Commission's Unopposed Motion for Extension of Time and For Additional Pages. Plaintiff shall file its response to the Motion to Dismiss on or before November 30, 2020. Plaintiff is permitted to exceed the page limit of the response by an additional 20 pages. Signed by Judge Rodolfo A. Ruiz, II on 11/23/2020. (as03)
November 23, 2020 Opinion or Order Filing 403 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Discovery Hearing held on 11/23/2020. Total time in court: 0 hour(s) : 42 minutes. Discovery hearing adjourned until 11/30/20 at 2:00 PM before Magistrate Judge Bruce E. Reinhart. Counsel shall appear telephonically using the following conference call instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. (Digital BER_1_11.23.20) (jgy)
November 23, 2020 Opinion or Order Filing 402 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #363 Joint MOTION TO DISMISS #119 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by Defendants Lisa McElhone, Joseph Laforte, Joseph Cole, Perry Abbonizio, Michael Furman, Dean Vagnozzi, and (through November 30, 2020), Unopposed MOTION for Leave to File Excess Pages (20 additional pages) by Securities & Exchange Commission. (Attachments: #1 Text of Proposed Order)(Berlin, Amie)
November 18, 2020 Opinion or Order Filing 401 RESPONSE in Opposition re #357 MOTION to Expand Receivership Estate, Joint filed by Joseph Cole Barleta, Joseph W. LaForte, Lisa Mcelhone, The LME 2017 Family Trust. Replies due by 11/25/2020. (Soto, Alejandro)
November 18, 2020 Opinion or Order Filing 400 PAPERLESS ORDER granting #398 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for attorney Michael K. Coran. Signed by Judge Rodolfo A. Ruiz, II on 11/18/2020. (as03)
November 18, 2020 Opinion or Order Filing 399 RESPONSE to Motion re #357 MOTION to Expand Receivership filed by Capital Source 2000, Inc. Replies due by 11/25/2020. (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)(Miyar, Alejandro)
November 18, 2020 Opinion or Order Filing 398 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Michael K. Coran. Filing Fee $ 200.00 Receipt # AFLSDC-13886949 by Capital Source 2000, Inc. Attorney Alejandro Mauricio Miyar added to party Capital Source 2000, Inc(pty:ip). Responses due by 12/2/2020 (Attachments: #1 Text of Proposed Order Proposed Order)(Miyar, Alejandro)
November 18, 2020 Opinion or Order Filing 397 CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Benjamin Joseph Biard re #395 Notice of Change of Address, Email or Law Firm Name. Attorney Benjamin Joseph Biard has not followed the required procedures for updating their information with the Court. Attorney is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. The Court is NOT responsible for updating secondary email addresses. See the Courts website for detailed instructions. #www.flsd.uscourts.gov/updating-your-information (pt)
November 17, 2020 Opinion or Order Filing 396 PAPERLESS ORDER granting #392 Fred A. Schwartz's Request to be Removed from Service List as Counsel for Broadway Advance, LLC. The Court apologizes to Mr. Schwartz and his assistant for the late night filings, but justice doesn't sleep--especially when fueled by Cuban coffee. The Clerk is hereby directed to remove Mr. Schwartz from the electronic service list for this case. Signed by Judge Rodolfo A. Ruiz, II on 11/17/2020. (as03)
November 17, 2020 Opinion or Order Filing 395 NOTICE of Change of Address, Email or Law Firm Name by Benjamin Joseph Biard (Biard, Benjamin)
November 17, 2020 Opinion or Order Filing 394 PAPERLESS ORDER regarding status conference scheduled for Tuesday, December 1, 2020 at 2:00 P.M. The Zoom conference can be accessed at https://www.zoomgov.com/j/1613633795?pwd=STY0VU5HbEkrY3FKNXowVG9kVWpadz09. The Meeting ID is 161 363 3795 and the Passcode is 046899. Signed by Judge Rodolfo A. Ruiz, II on 11/17/2020. (as03)
November 16, 2020 Opinion or Order Filing 393 PAPERLESS ORDER taking under advisement #294 and #295 Motion for Protective Order Motion to Quash and Motion for Attorneys Fees. Discovery Hearing set for 11/23/2020 01:00 PM before Magistrate Judge Bruce E. Reinhart. Counsel shall appear telephonically using the following conference call instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234# Signed by Magistrate Judge Bruce E. Reinhart on 11/16/2020. (jgy)
November 16, 2020 Opinion or Order Filing 392 MOTION to Withdraw as Attorney by Fred A. Schwartz for / by Fred A. Schwartz. Responses due by 11/30/2020 (Schwartz, Fred)
November 13, 2020 Opinion or Order Filing 391 Judgment of Permanent Injunction and Other Relief Against the Corporate Defendants. Signed by Judge Rodolfo A. Ruiz, II on 11/13/2020. See attached document for full details. (as03)
November 13, 2020 Opinion or Order Filing 390 ORDER granting #388 Receiver's Unopposed Motion for Extension of Time to File First Application for Allowance and Payment of Professionals' Fees and Reimbursement of Expenses. Signed by Judge Rodolfo A. Ruiz, II on 11/13/2020. See attached document for full details. (as03)
November 13, 2020 Opinion or Order Filing 389 PAPERLESS ORDER setting Zoom status conference for Tuesday, December 1, 2020 at 2:00 P.M. designed to provide the Court with an update as to the Receiver's ongoing operations and collection efforts. The Receiver is not required to file a written report in advance of the status conference. The Court will enter a separate paperless order with the link to access the Zoom conference. Signed by Judge Rodolfo A. Ruiz, II on 11/13/2020. (as03)
November 12, 2020 Opinion or Order Filing 388 Unopposed MOTION for Extension of Time to File First Application for Allowance and Payment of Professionals' Fees and Reimbursement of Expenses by Ryan K Stumphauzer. Responses due by 11/30/2020 (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
November 12, 2020 Opinion or Order Filing 387 Plaintiff's MOTION for Permanent Injunction and Other Relief Against Corporate Defendants by Securities & Exchange Commission. (Attachments: #1 Exhibit Consent, #2 Text of Proposed Order)(Berlin, Amie)
November 12, 2020 Opinion or Order Filing 386 MOTION to Intervene and Lift Litigation Injunction to Allow It to Proceed with Foreclosure Action in Colorado State Court by Lead Funding II, LLC. (Attachments: #1 Exhibit Foreclosure Complaint, #2 Exhibit Par Funding Deed of Trust, #3 Exhibit Notice of Order Staying Litigation, #4 Exhibit Order Staying Foreclosure Action, #5 Exhibit Property Information)(Gache, Ronald)
November 12, 2020 Opinion or Order Filing 385 NOTICE of Attorney Appearance by Scott Adam Simon on behalf of Lead Funding II, LLC. Attorney Scott Adam Simon added to party Lead Funding II, LLC(pty:intv). (Simon, Scott)
November 12, 2020 Opinion or Order Filing 384 NOTICE of Attorney Appearance by Ronald Matthew Gache on behalf of Lead Funding II, LLC. Attorney Ronald Matthew Gache added to party Lead Funding II, LLC(pty:intv). (Gache, Ronald)
November 10, 2020 Opinion or Order Filing 383 PAPERLESS ORDER granting #380 Plaintiff Securities and Exchange Commission's Unopposed Motion for Extension of Time. Plaintiff shall file its response to Defendants' Joint Motion to Dismiss on or before November 23, 2020. Signed by Judge Rodolfo A. Ruiz, II on 11/10/2020. (as03)
November 10, 2020 Opinion or Order Filing 382 TRANSCRIPT of Status Conference via Zoom Video held on 9-2-2020 before Judge Rodolfo A. Ruiz, II, 1-33 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 12/1/2020. Redacted Transcript Deadline set for 12/11/2020. Release of Transcript Restriction set for 2/8/2021. (gbx)
November 10, 2020 Opinion or Order Filing 381 TRANSCRIPT of Status Conference via Zoom Video held on 8-3-2020 before Judge Rodolfo A. Ruiz, II, 1-32 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 12/1/2020. Redacted Transcript Deadline set for 12/11/2020. Release of Transcript Restriction set for 2/8/2021. (gbx)
November 10, 2020 Opinion or Order Filing 380 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #363 Joint MOTION TO DISMISS #119 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by Defendants Lisa McElhone, Joseph Laforte, Joseph Cole, Perry Abbonizio, Michael Furman, Dean Vagnozzi, and Relief Defendant The LME 2017 Family Trust by Securities & Exchange Commission. (Attachments: #1 Text of Proposed Order)(Berlin, Amie)
November 9, 2020 Opinion or Order Filing 379 STATUS REPORT Regarding [ECF No. 365] Order Granting Motion to Stay Case as to the Receivership Entity Defendants by Ryan K Stumphauzer (Kolaya, Timothy)
November 9, 2020 Opinion or Order Filing 378 PAPERLESS ORDER. The Receiver moves to compel production of multiple legal memorandum relating to the Receivership Entities. ECF NO. 160. In a series of status reports, the Receiver has indicated that there are ongoing negotiations over his document production requests. The Receiver and Dean Vagnozzi have informed the Court that they require a ruling on one such memorandum, which is dated November 13, 2018. Having conducted an in camera review of the memorandum and having considered the parties' pleadings, it is ORDERED that the Motion to Compel is DENIED. This ruling is without prejudice to the Receiver seeking to compel other documents from Mr. Vagnozzi or from others in the future. Signed by Magistrate Judge Bruce E. Reinhart (BER)
November 8, 2020 Opinion or Order Filing 377 PAPERLESS ORDER STRIKING as unauthorized #375 non-party Basavaraj A. Hooli's Motion for Financial Assistance. Signed by Judge Rodolfo A. Ruiz, II on 11/8/2020. (as03)
November 6, 2020 Opinion or Order Filing 376 RESPONSE in Opposition re #357 MOTION to Expand Receivership filed by Perry S Abbonizio. Replies due by 11/13/2020. (Mays, Jason)
November 6, 2020 Opinion or Order Filing 375 MOTION for Financial Assistance by Basavaraj A. Hooli. (jao)
November 5, 2020 Opinion or Order Filing 374 ORDER Scheduling Mediation. Signed by Judge Rodolfo A. Ruiz, II on 11/5/2020. See attached document for full details. (as03)
November 5, 2020 Opinion or Order Filing 373 ORDER granting #370 Receiver's Motion to Lift Litigation Injunction to Permit Receiver to Voluntarily Release Subordinate Security Interests in 230 North Broad Street, Bayfield, WI and 441 East Monbo Road, Statesville, NC. Signed by Judge Rodolfo A. Ruiz, II on 11/5/2020. See attached document for full details. (as03)
November 5, 2020 Opinion or Order Filing 372 ORDER granting #371 Receiver's Seventh Motion to Lift Litigation Injunction as to Certain Garnishment Proceedings. Signed by Judge Rodolfo A. Ruiz, II on 11/5/2020. See attached document for full details. (as03)
November 5, 2020 Opinion or Order Filing 371 Seventh 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)
November 5, 2020 Opinion or Order Filing 370 MOTION to Lift Litigation Injunction to Permit Receiver to Voluntarily Release Subordinate Security Interests in 230 North Broad Street, Bayfield, Wis. and 441 East Monbo Road, Statesville, N.C. re #141 Order by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
November 5, 2020 Opinion or Order Filing 369 NOTICE of Mediator Selection. Selected/Added Securities & Exchange Commission, Harry R. Schafer as Mediator. (Berlin, Amie)
November 4, 2020 Opinion or Order Filing 368 PAPERLESS ORDER granting #367 Defendants' Motion to Stay Briefing, or in the Alternative, Enlarge Time to Respond to Receiver's Motion to Expand Receivership Estate. Defendants shall file their response to Receiver's Motion to Expand Receivership Estate on or before November 18, 2020. Signed by Judge Rodolfo A. Ruiz, II on 11/4/2020. (as03)
November 4, 2020 Opinion or Order Filing 367 MOTION to Stay re #357 MOTION to Expand Receivership Estate, or in the Alternative, ( Responses due by 11/18/2020), MOTION for Extension of Time to File Response/Reply/Answer as to #357 MOTION to Expand Receivership Estate by Joseph Cole Barleta, Joseph W. LaForte, Lisa Mcelhone, The LME 2017 Family Trust. Attorney Alejandro Oscar Soto added to party Joseph Cole Barleta(pty:dft), Attorney Alejandro Oscar Soto added to party Joseph W. LaForte(pty:dft), Attorney Alejandro Oscar Soto added to party Lisa Mcelhone(pty:dft). (Attachments: #1 Text of Proposed Order)(Soto, Alejandro)
November 3, 2020 Opinion or Order Filing 366 ORDER Requiring Parties to File Proposed Order Scheduling Mediation. Signed by Judge Rodolfo A. Ruiz, II on 11/3/2020. See attached document for full details. (as03)
November 3, 2020 Opinion or Order Filing 365 ORDER granting #364 Receiver's Motion to Stay Case as to the Receivership Entity Defendants. Signed by Judge Rodolfo A. Ruiz, II on 11/3/2020. See attached document for full details. (as03)
November 2, 2020 Opinion or Order Filing 364 Unopposed MOTION to Stay as to Receivership Entity Defendants by Ryan K Stumphauzer. Responses due by 11/16/2020 (Attachments: #1 Text of Proposed Order)(Kolaya, Timothy)
November 2, 2020 Opinion or Order Filing 363 Joint MOTION TO DISMISS #119 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by Defendants Lisa McElhone, Joseph Laforte, Joseph Cole, Perry Abbonizio, Michael Furman, Dean Vagnozzi, and by L.M.E. 2017 Family Trust. Responses due by 11/16/2020 (Soto, Alejandro)
November 2, 2020 Opinion or Order Filing 362 PAPERLESS ORDER granting #356 Defendants' Motion to Enlarge Page Limit to Respond to Plaintiff's Amended Complaint. Defendants are allowed an additional ten (10) pages in addition to the twenty (20) pages permitted by local rule to jointly respond to Plaintiff's Amended Complaint. Signed by Judge Rodolfo A. Ruiz, II on 11/2/2020. (as03)
November 2, 2020 Opinion or Order Filing 361 PAPERLESS ORDER regarding #357 Receiver Ryan K. Stumphauzer's Motion and Memorandum of Law to Expand Receivership Estate ("Motion"). The Motion indicates that counsel for Lisa McElhone, Joseph LaForte, and Joseph Cole Barletta initially opposed the requested relief, and thereafter withdrew their opposition pending meet and confer discussions between the Receiver and counsel for The L.M.E. 2017 Family Trust, but that the parties have been unable to reach an agreement on the requested relief. The Motion also states that Defendant Perry Abbonizio objects to the Motion to the extent it seeks to add New Field Ventures, LLC as a Receivership entity. To the extent any Defendants wish to file written responses to the Motion, they shall do so by Friday, November 6, 2020 at 12:00 P.M.. No reply will be required. Signed by Judge Rodolfo A. Ruiz, II on 11/2/2020. (as03)
October 31, 2020 Opinion or Order Filing 360 ORDER granting #350 Defendant Dean Vagnozzi's Unopposed Motion to Release Certain Vagnozzi-Controlled Entities from the Receivership. Signed by Judge Rodolfo A. Ruiz, II on 10/30/2020. See attached document for full details. (as03)
October 30, 2020 Opinion or Order Filing 359 STATUS REPORT Dated October 30, 2020 by Ryan K Stumphauzer (Kolaya, Timothy)
October 30, 2020 Opinion or Order Filing 358 NOTICE by Ryan K Stumphauzer re #141 Order - Notice of Filing Quarterly Status Report Pursuant to Paragraphs 53 and 54 of the Amended Receivership Order (Attachments: #1 Exhibit 1 - Quarterly Status Report) (Kolaya, Timothy)
October 30, 2020 Opinion or Order Filing 357 MOTION to Expand Receivership by Ryan K Stumphauzer. (Attachments: #1 Exhibit A - Deposition of Aida Lau, #2 Exhibit B - Lisa McElhone Financial Statement, #3 Exhibit C - Accounting Records for ABFP Multi-Strategy Investment Fund and ABFP Multi-Strategy Investment Fund II, #4 Exhibit D - Investor Presentation, #5 Exhibit E - CBSG Accounting Records - Payments to and from CS2000 and Fast Advance Funding, #6 Exhibit F - Melissa Davis Declaration Dated July 23, 2020, #7 Exhibit G - Melissa Davis Declaration Dated August 4, 2020, #8 Exhibit H - Excerpts of Audit Report for Par Funding dated December 31, 2017, #9 Exhibit I - Email from Aida Lau dated September 21, 2020, #10 Exhibit J - Declaration of Raymond Andjich, #11 Exhibit K - Declaration of Timothy Hazel, #12 Exhibit L - Declaration of Melissa Davis Dated August 26, 2020, #13 Text of Proposed Order)(Kolaya, Timothy)
October 30, 2020 Opinion or Order Filing 356 Joint MOTION for Leave to File Excess Pages by Defendants Lisa McElhone, Joseph Laforte, Joseph Cole, Perry Abbonizio, Michael Furman, Dean Vagnozzi, and by The LME 2017 Family Trust. (Attachments: #1 Text of Proposed Order)(Soto, Alejandro)
October 30, 2020 Opinion or Order Filing 355 Joint RESPONSE to #305 Status Report, by Joseph Cole Barleta, Joseph W. LaForte, Lisa Mcelhone. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Hirschhorn, Joel)
October 30, 2020 Opinion or Order Filing 354 PAPERLESS ORDER STRIKING as unauthorized #353 non-party Basavaraj A. Hooli's Emergency Motion to award the Hospital to Basavaraj Hooli, CEO Rural Hospital Management Company LLC. Signed by Judge Rodolfo A. Ruiz, II on 10/30/2020. (as03)
October 30, 2020 Opinion or Order Filing 353 STRICKEN - EMERGENCY MOTION to award the Hospital to Basavaraj Hooli,CEO Rural Hospital Management Company LLC by Basavaraj A. Hooli. (jao) -Modified/Stricken per ECF No. 354 Paperless Order on 10/30/2020 (gp).
October 30, 2020 Opinion or Order Filing 352 PAPERLESS ORDER STRIKING as unauthorized #351 non-party Basavaraj A. Hooli's filing titled Complete Business Solution is not Qualified for Receivership of Hospital. Signed by Judge Rodolfo A. Ruiz, II on 10/30/2020. (as03)
October 29, 2020 Opinion or Order Filing 351 Complete Business Solution is not Qualified for Receivership of Hospital re #350 Unopposed MOTION to Release Certain Vagnozzi-Controlled Entities From the Receivership filed by Basavaraj A. Hooli. Replies due by 11/5/2020. (Attachments: #1 Exhibit, #2 Supplement)(jao)
October 28, 2020 Opinion or Order Filing 350 Unopposed MOTION to Release Certain Vagnozzi-Controlled Entities From the Receivership by Dean J Vagnozzi. (Attachments: #1 Exhibit A, #2 Exhibit B)(Miller, Brian)
October 27, 2020 Opinion or Order Filing 349 ORDER GRANTING #348 AGREED MOTION TO STAY CASE AS TO DEFENDANT JOHN GISSAS. Signed by Judge Rodolfo A. Ruiz, II on 10/27/2020. See attached document for full details. (as03)
October 26, 2020 Opinion or Order Filing 348 MOTION to Stay This Case As To Defendant John Gissas by Securities & Exchange Commission. Responses due by 11/9/2020 (Attachments: #1 Text of Proposed Order)(Berlin, Amie)
October 24, 2020 Opinion or Order Filing 347 PAPERLESS ORDER granting #346 Defendants' Amended Motion for Enlargement of Time to Respond to Complaint. Defendants shall file a single combined response or separate answers to the Amended Complaint, as set forth in the Court's Order Requiring Combined Responses [ECF No. 104], on or before November 2, 2020. Signed by Judge Rodolfo A. Ruiz, II on 10/24/2020. (as03)
October 24, 2020 Opinion or Order Filing 346 Joint MOTION for Extension of Time to File Response/Reply/Answer by Defendants Lisa McElhone, Joseph Laforte, Joseph Cole, Perry Abbonizio, Michael Furman, Dean Vagnozzi, and by L.M.E. 2017 Family Trust. (Attachments: #1 Text of Proposed Order)(Soto, Alejandro)
October 23, 2020 Opinion or Order Filing 345 First MOTION for Extension of Time to File Response/Reply/Answer by Defendants Lisa McElhone, Joseph Laforte, Joseph Cole, Perry Abbonizio, Michael FUrman, and by L.M.E. 2017 Family Trust. (Attachments: #1 Text of Proposed Order)(Soto, Alejandro)
October 23, 2020 Opinion or Order Filing 344 NOTICE of Compliance by Dean J Vagnozzi re 328 Order,, (Miller, Brian)
October 23, 2020 Opinion or Order Filing 343 ORDER ON #251 NON-PARTY BROADWAY ADVANCE, LLC'S MOTION FOR CLARIFICATION OF ORDER [ECF NO. 202] AND REQUEST FOR HEARING. Signed by Judge Rodolfo A. Ruiz, II on 10/23/2020. See attached document for full details. (as03)
October 22, 2020 Opinion or Order Filing 342 PAPERLESS ORDER denying without prejudice #304 Defendants' Motion for an Order Directing the Receiver to Comply with the Order Granting Receivership ("Motion") because Defendants failed to certify that they conferred or made reasonable efforts to confer with the Receiver and Plaintiff prior to filing the motion. See S.D. Fla. L.R. 7.1(a)(3). Furthermore, the Court addressed the issues raised in the Motion at the status conference on October 7, 2020. Signed by Judge Rodolfo A. Ruiz, II on 10/22/2020. (as03)
October 22, 2020 Opinion or Order Filing 341 STATUS REPORT BROADWAY ADVANCES REPORT OF DISCUSSIONS WITH RECEIVER by Fred A. Schwartz (Schwartz, Fred)
October 22, 2020 Opinion or Order Filing 340 REPLY to the Receivers Response to its Objections to Subpoena Duces Tecum, Motion for Protective Order and Motion to Quash, or, In the Alternative, Motion for the Fees Necessary to Respond to the Subpoena by AGM Capital Fund I, LLC, AGM Capital Fund II, LLC. (Biard, Benjamin)
October 21, 2020 Opinion or Order Filing 339 STATUS REPORT of Receiver and Dean Vagnozzi Regarding Separation of ABFP-Related Entities That Had No Involvement in Par Funding Dated October 21, 2020 by Ryan K Stumphauzer (Kolaya, Timothy)
October 21, 2020 Opinion or Order Filing 338 PAPERLESS ORDER STRIKING as unauthorized #335 non-party Basavaraj A. Hooli's Response in Opposition to #304 Motion for an Order Directing the Receiver to Comply with the Order Granting Receivership. Signed by Judge Rodolfo A. Ruiz, II on 10/21/2020. (as03)
October 20, 2020 Opinion or Order Filing 337 ORDER GRANTING PRELIMINARY INJUNCTION BY CONSENT AS TO DEFENDANT JOSEPH W. LAFORTE. Signed by Judge Rodolfo A. Ruiz, II on 10/20/2020. See attached document for full details. (as03)
October 20, 2020 Opinion or Order Filing 336 Plaintiff's MOTION for Preliminary Injunction and Entry of Proposed Consent Order by Securities & Exchange Commission. (Attachments: #1 Exhibit A. LaForte Consent, #2 Text of Proposed Order)(Berlin, Amie)
October 20, 2020 Opinion or Order Filing 334 NOTICE of Attorney Appearance by Alejandro Oscar Soto on behalf of L.M.E. 2017 Family Trust, The LME 2017 Family Trust. Attorney Alejandro Oscar Soto added to party L.M.E. 2017 Family Trust(pty:dft), Attorney Alejandro Oscar Soto added to party The LME 2017 Family Trust(pty:dft). (Soto, Alejandro)
October 19, 2020 Opinion or Order Filing 335 RESPONSE in Opposition re #304 MOTION for an Order Directing the Receiver to Comply with the Order Granting Receivership filed by Basavaraj A. Hooli. Replies due by 10/26/2020. (pes)
October 17, 2020 Opinion or Order Filing 333 PAPERLESS ORDER taking under advisement [294, 295] Motion for Protective Order; taking under advisement [294, 295] Motion to Quash; taking under advisement [294, 295] Motion for Attorney Fees. On or before noon on October 22, 2020, Movants shall file Replies to the Receiver's Response to their motions. Signed by Magistrate Judge Bruce E. Reinhart (BER)
October 16, 2020 Opinion or Order Filing 332 PAPERLESS ORDER regarding #331 Receiver, Ryan K. Stumphauzer's and Dean Vagnozzi's Joint Status Report Dated October 16, 2020, Regarding Separation of ABFP-Related Entities That Had No Involvement in Par Funding. The Receiver and Mr. Vagnozzi's request for additional time, through and including October 21, 2020, to file their joint motion or status report is GRANTED. Signed by Judge Rodolfo A. Ruiz, II on 10/16/2020. (as03)
October 16, 2020 Opinion or Order Filing 331 STATUS REPORT Dated October 16, 2020, Regarding Separation of ABFP-Related Entities that Had No Involvement in Par Funding by Ryan K Stumphauzer (Kolaya, Timothy)
October 16, 2020 Opinion or Order Filing 330 STATUS REPORT Regarding Motion to Compel the Production of Attorney Work Product From Law Firms and Motion for a Stay of the Deadlines Set Forth in the Order Taking Motion to Compel Under Advisement by Dean J Vagnozzi (Miller, Brian)
October 16, 2020 Opinion or Order Filing 329 TRANSCRIPT of Status Conference via Zoom Video held on 10-7-2020 before Judge Rodolfo A. Ruiz, II, 1-175 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 11/6/2020. Redacted Transcript Deadline set for 11/16/2020. Release of Transcript Restriction set for 1/14/2021. (gbx)
October 16, 2020 Opinion or Order Filing 328 PAPERLESS ORDER requiring the Receiver to file another Status Report on or before October 30, 2020, apprising the Court of the status of the #160 Motion to Compel Attorney Work Product from Law Firm Firms. By no later than October 23, 2020, Defendant Vagnozzi shall email the Legal Memorandum referenced in his Response to the Motion to Compel to Judge Reinhart's chambers (reinhart@flsd.uscourts.gov) for in camera review. Signed by Magistrate Judge Bruce E. Reinhart on 10/16/2020. (kry)
October 15, 2020 Opinion or Order Filing 327 ORDER GRANTING #321 THE RECEIVER'S UNOPPOSED MOTION TO LIFT LITIGATION INJUNCTION TO PERMIT THE RECEIVER TO VOLUNTARILY RELEASE PAR FUNDING'S SUBORDINATE SECURITY INTEREST ALLOWING FOR SALE OF 12405 EAST BRANDT ROAD, LOCKEFORD, CALIFORNIA. Signed by Judge Rodolfo A. Ruiz, II on 10/15/2020. See attached document for full details. (as03)
October 15, 2020 Opinion or Order Filing 326 ORDER GRANTING #320 THE RECEIVER'S UNOPPOSED EXPEDITED MOTION TO LIFT THE LITIGATION INJUNCTION TO AUTHORIZE RECEIVER TO ENTER INTO MEDIATED SETTLEMENT AGREEMENT WITH CHAPTER 11 TRUSTEE FOR CAH ACQUISITION COMPANY 12, LLC, ET AL. Signed by Judge Rodolfo A. Ruiz, II on 10/15/2020. See attached document for full details. (as03)
October 15, 2020 Opinion or Order Filing 325 PAPERLESS ORDER requiring Non-Party Broadway Advance LLC ("Broadway") to file report on or before October 22, 2020 regarding the status of Broadway's discussions with the Receiver concerning the issues raised in #251 Broadway's Motion for a Clarification of Order and Request for a Hearing. Signed by Judge Rodolfo A. Ruiz, II on 10/15/2020. (as03)
October 15, 2020 Opinion or Order Filing 324 ORDER GRANTING #319 THE RECEIVER'S MOTION TO LIFT LITIGATION INJUNCTION TO ALLOW THE RECEIVER TO RESOLVE PROCEEDINGS BEFORE THE TEXAS STATE SECURITIES BOARD. Signed by Judge Rodolfo A. Ruiz, II on 10/15/2020. See attached document for full details. (as03)
October 15, 2020 Opinion or Order Filing 323 ORDER GRANTING #318 THE RECEIVER'S SIXTH MOTION TO LIFT LITIGATION INJUNCTION AS TO CERTAIN GARNISHMENT PROCEEDINGS. Signed by Judge Rodolfo A. Ruiz, II on 10/15/2020. See attached document for full details. (as03)
October 15, 2020 Opinion or Order Filing 322 ORDER GRANTING #317 THE RECEIVER'S UNOPPOSED MOTION TO APPROVE RETAINED PROFESSIONALS. Signed by Judge Rodolfo A. Ruiz, II on 10/15/2020. See attached document for full details. (as03)
October 14, 2020 Opinion or Order Filing 321 Unopposed MOTION to Lift Litigation Injunction to Permit the Receiver to Voluntarily Release Par Fundings Subordinate Security Interest Allowing for the Sale of 12405 East Brandt Road, Lockeford, California re #141 Order by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
October 14, 2020 Opinion or Order Filing 320 Unopposed EXPEDITED MOTION to Lift Litigation Injunction to Authorize Receiver to enter into Mediated Settlement Agreement with Chapter 11 Trustee for CAH Acquisition Company 12, LLC re #141 Order by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Proposed Order, #2 Exhibit 2 - Mediated Settlement Agreement)(Kolaya, Timothy)
October 14, 2020 Opinion or Order Filing 319 MOTION to Lift Litigation Injunction to Allow the Receiver to Resolve Proceedings before the Texas State Securities Board re #141 Order by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Emergency Cease and Desist Order, #2 Exhibit 2 - Proposed Stipulation, #3 Exhibit 3 - Proposed Order)(Kolaya, Timothy)
October 14, 2020 Opinion or Order Filing 318 Sixth 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)
October 14, 2020 Opinion or Order Filing 317 Unopposed MOTION to Approve Retained Professionals by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Proposed Engagement Letter, #2 Exhibit 2 - Proposed Order)(Kolaya, Timothy)
October 14, 2020 Opinion or Order Filing 316 STATUS REPORT Dated October 14, 2020, Regarding #160 Motion to Compel the Production of Attorney Work Product from Law Firms by Ryan K Stumphauzer (Kolaya, Timothy)
October 14, 2020 Opinion or Order Filing 315 RESPONSE in Opposition re #294 Third Party MOTION for Protective Order and MOTION to Quash the Subpoena Duces Tecum, or in the Alternative MOTION for Attorney Fees Necessary to Respond to the Subpoena, #295 Third Party MOTION for Protective Order and MOTION to Quash the Subpoena Duces Tecum, or in the Alternative MOTION for Attorney Fees Necessary to Respond to the Subpoena filed by Ryan K Stumphauzer. Replies due by 10/21/2020. (Attachments: #1 Exhibit 1 - Subpoena to AGM Capital Fund I, #2 Exhibit 2 - Subpoena to AGM Capital Fund II, #3 Exhibit 3 - Email Correspondence Dated September 30, 2020)(Kolaya, Timothy)
October 14, 2020 Opinion or Order Filing 314 Corrected Transcript and Notice of Correction of Status Conference via Zoom Video held on 9-8-2020 before Judge Rodolfo A. Ruiz, II, 1-82 pages, re: #247 Transcript, correction regarding incorrect speaker at pg. 46 line 18, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov. (gbx)
October 14, 2020 Opinion or Order Filing 313 NOTICE by Securities & Exchange Commission Regarding Mediator Selection (Berlin, Amie)
October 8, 2020 Opinion or Order Filing 312 PAPERLESS ORDER deferring ruling on #160 Motion to Compel. On or before October 14, 2020, the Receiver shall fill a status report on his negotiations with Offit Kurman. Signed by Magistrate Judge Bruce E. Reinhart (BER)
October 8, 2020 Opinion or Order Filing 311 PAPERLESS ORDER granting #296 Motion to Stay. Movant shall provide a status report on or before October 16, 2020.. Signed by Magistrate Judge Bruce E. Reinhart (BER)
October 7, 2020 Opinion or Order Filing 310 PAPERLESS ORDER requiring the parties to exchange initial disclosures pursuant to Fed. R. Civ. P. 26 on or before October 21, 2020. Signed by Judge Rodolfo A. Ruiz, II on 10/7/2020. (as03)
October 7, 2020 Opinion or Order Filing 309 PAPERLESS ORDER regarding Defendant Joseph LaForte's settlement with Plaintiff Securities and Exchange Commission as to the preliminary injunction and other relief. See Notice of Settlement [ECF No. 201]. As discussed at the October 7, 2020 status conference, Mr. LaForte's executed consent shall be filed on or before October 21, 2020. Alternatively, Mr. LaForte's counsel shall file a brief report on that date regarding the status of efforts to obtain Mr. LaForte's executed consent. Signed by Judge Rodolfo A. Ruiz, II on 10/7/2020. (as03)
October 7, 2020 Opinion or Order Filing 308 PAPERLESS ORDER REQUIRING JOINT MOTION OR STATUS REPORT. As discussed at the October 7, 2020 status conference, on or before October 16, 2020 Defendant Dean Vagnozzi and the Receiver shall file a joint motion regarding the ABFP-related entities that had no involvement in Par Funding and can be separated from the Receivership. Alternatively, if they have not reached an agreement on this issue by October 16, 2020, the Receiver and Mr. Vagnozzi shall file a joint status report by that date regarding their efforts to identify the ABFP-related entities that did not have involvement in Par Funding. Signed by Judge Rodolfo A. Ruiz, II on 10/7/2020. (as03)
October 7, 2020 Opinion or Order Filing 307 ORDER REFERRING #296 MOTION to Stay re #280 Status Report Order, Defendant Dean Vagnozzi's Unopposed Motion for a Stay of the Deadlines Set Forth in the Order Taking Motion to Compel Under Advisement filed by Dean J Vagnozzi. Motions referred to Judge Bruce E. Reinhart. Signed by Judge Rodolfo A. Ruiz, II on 10/7/2020. See attached document for full details. (as03)
October 7, 2020 Opinion or Order Filing 306 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Status Conference held on 10/7/2020. Attorney Appearance(s): All Counsel of Record, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov. (gp)
October 6, 2020 Opinion or Order Filing 305 STATUS REPORT Dated October 6, 2020 by Ryan K Stumphauzer (Attachments: #1 Exhibit 1 - Email with Personal Financial Statement, #2 Exhibit 2 - Organizational Chart, #3 Exhibit 3 - Eagle County Tenants in Common Agreement)(Kolaya, Timothy)
October 6, 2020 Opinion or Order Filing 304 MOTION for an Order Directing the Receiver to Comply with the Order Granting Receivership by Joseph Cole Barleta, Joseph W. LaForte, Lisa Mcelhone, The LME 2017 Family Trust. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N)(Hirschhorn, Joel)
October 5, 2020 Opinion or Order Filing 303 PAPERLESS ORDER regarding status conference set for Wednesday, October 7, 2020 at 2:00 P.M. ("Conference"). The Court requests that at the Conference, the Receiver provide an update on the status of the Receiver's operations and his assessment of the financial records of the Receivership Entities. Signed by Judge Rodolfo A. Ruiz, II on 10/5/2020. (kbm)
October 2, 2020 Opinion or Order Filing 302 AFFIDAVIT Supplemental Declaration signed by: Nicolas Defonte re #298 Order, by Fred A. Schwartz (Attachments: #1 Affidavit)(Schwartz, Fred)
October 2, 2020 Opinion or Order Filing 301 PAPERLESS ORDER DENYING AS MOOT #220 Defendants' Motion to Amend the Court's Order Dated July 27, 2020, to Clarify That Defense Counsel Can Receive a Copy of the Documents They Have Provided to the Receiver in Order to Prepare Their Defense. Signed by Judge Rodolfo A. Ruiz, II on 10/2/2020. (as03)
October 2, 2020 Opinion or Order Filing 300 NOTICE of Attorney Appearance by Daniel Nattan Gonzalez on behalf of Exchange Bank. Attorney Daniel Nattan Gonzalez added to party Exchange Bank(pty:ip). (Gonzalez, Daniel)
October 1, 2020 Opinion or Order Filing 299 REPLY to Response to Motion 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 Joseph Cole Barleta, Joseph W. LaForte, Lisa Mcelhone, The LME 2017 Family Trust. (Attachments: #1 Exhibit 1 - Campos.Declaration, #2 Exhibit 2 - Clemons.Declaration, #3 Exhibit 3 - 8.17.2020 Email from Alfano to Lau)(Fridman, Daniel)
September 30, 2020 Opinion or Order Filing 298 ORDER REQUIRING SUPPLEMENTAL DECLARATION IN SUPPORT OF #251 NON-PARTY BROADWAY ADVANCE, LLC'S MOTION FOR CLARIFICATION OF ORDER AND REQUEST FOR A HEARING. Signed by Judge Rodolfo A. Ruiz, II on 9/30/2020. See attached document for full details. (as03)
September 30, 2020 Opinion or Order Filing 297 STATUS REPORT Regarding #160 Motion to Compel the Production of Attorney Work Product from Law Firms, and Pursuant to #280 Court's Order Taking Motion to Compel Under Advisement by Ryan K Stumphauzer (Kolaya, Timothy)
September 30, 2020 Opinion or Order Filing 296 MOTION to Stay re #280 Status Report Order, Defendant Dean Vagnozzi's Unopposed Motion for a Stay of the Deadlines Set Forth in the Order Taking Motion to Compel Under Advisement by Dean J Vagnozzi. Responses due by 10/14/2020 (Paz, Alejandro)
September 30, 2020 Opinion or Order Filing 295 Third Party MOTION for Protective Order and, MOTION to Quash the Subpoena Duces Tecum, or in the Alternative, MOTION for Attorney Fees Necessary to Respond to the Subpoena ( Responses due by 10/14/2020) by AGM Capital Fund II, LLC. Attorney Benjamin Joseph Biard added to party AGM Capital Fund II, LLC(pty:mov). (Biard, Benjamin)
September 30, 2020 Opinion or Order Filing 294 Third Party MOTION for Protective Order and, MOTION to Quash the Subpoena Duces Tecum, or in the Alternative, MOTION for Attorney Fees Necessary to Respond to the Subpoena ( Responses due by 10/14/2020) by AGM Capital Fund I, LLC. Attorney Benjamin Joseph Biard added to party AGM Capital Fund I, LLC(pty:mov). (Biard, Benjamin)
September 30, 2020 Opinion or Order Filing 293 PAPERLESS ORDER RESETTING STATUS CONFERENCE. The Zoom status conference scheduled for Monday, October 5, 2020 at 10:00 A.M. is RESET for Wednesday, October 7, 2020 at 2:00 P.M. The Zoom conference can be accessed at https://www.zoomgov.com/j/1616795889?pwd=WkdCbkliQkFVMHNZVStSdW5PdGR1UT09. The Meeting ID is 161 679 5889 and the Passcode is 181442. Signed by Judge Rodolfo A. Ruiz, II on 9/30/2020. (as03)
September 30, 2020 Opinion or Order Filing 292 PAPERLESS ORDER granting #291 Defendants' Second Unopposed Motion for Enlargement of Time to File Reply. Defendants shall file their Reply to the Receiver's Response on or before October 1, 2020. Signed by Judge Rodolfo A. Ruiz, II on 9/30/2020. (as03)
September 29, 2020 Opinion or Order Filing 291 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #260 Response in Opposition to Motion,,,, #36 Order on Motion to Appoint Receiver, #141 Order (Second Unopposed Motion for Extension of Time) by Joseph Cole Barleta, Joseph W. LaForte, Lisa Mcelhone, The LME 2017 Family Trust. (Attachments: #1 Text of Proposed Order)(Fridman, Daniel)
September 28, 2020 Opinion or Order Filing 290 NOTICE by Securities & Exchange Commission of Filing Exhibits (Attachments: #1 Exhibit Index, #2 Exhibit 218 Declaration of Giannina Baldwin, #3 Exhibit 219 ABFP Press Release, #4 Exhibit 220 Declaration of Joseph Jason Rotunda, #5 Exhibit 221 Email with legal insurance email, #6 Exhibit 222 Lau 6-29-20 Depo Transcript, #7 Exhibit 223 Email dated 7-16-20, #8 Exhibit 224 Melissa Davis Declaration, #9 Exhibit 225 Declaration of Andy McKinley, #10 Exhibit 226 Declaration of Lori Boyogueno, #11 Exhibit 227 Terzi Answer, #12 Exhibit 228 Notice of Taking Depositions, #13 Exhibit 229 Email dated 4-19-16 re Vagnozzi Due Diligence, #14 Exhibit 230 Vagnozzi Euler Hermes Letter, #15 Exhibit 231 Vagnozzi 8-5-20 Depo Transcript, #16 Exhibit 232 Vagnozzi 8-6-20 Depo Transcript, #17 Exhibit 233 Statement, #18 Exhibit 234 Declaration of Ariel Benjamin Mannes, #19 Exhibit 235 Deposition Notice of Davis, #20 Exhibit 236 Vagnozzi Admissions, #21 Exhibit 237 Bloomberg Article) (Berlin, Amie)
September 28, 2020 Opinion or Order Filing 289 PAPERLESS ORDER regarding status conference scheduled for Monday, October 5, 2020 at 10:00 A.M.. The Zoom conference can be accessed at https://www.zoomgov.com/j/1616795889?pwd=WkdCbkliQkFVMHNZVStSdW5PdGR1UT09. The Meeting ID is 161 679 5889 and the Passcode is 181442. Signed by Judge Rodolfo A. Ruiz, II on 9/28/2020. (as03)
September 27, 2020 Opinion or Order Filing 288 PAPERLESS ORDER setting status conference via Zoom on Monday, October 5, 2020 at 10:00 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 9/27/2020. (as03)
September 25, 2020 Opinion or Order Filing 287 Letter to Honorable Judge Ruiz from Jason Zwiebel (ls)
September 24, 2020 Opinion or Order Filing 286 NOTICE OF WITHDRAWAL OF MOTION by Joseph Caputo re #252 MOTION to Intervene and for miscellaneous relief filed by Joseph Caputo (Barker, Chris)
September 24, 2020 Opinion or Order Filing 285 ORDER granting #283 Receiver's Emergency Motion to Approve ABFP Multi-Strategy Investment Fund LP's Payment of Life Insurance Premium. Signed by Judge Rodolfo A. Ruiz, II on 9/24/2020. See attached document for full details. (as03)
September 24, 2020 Opinion or Order Filing 284 RESPONSE TO ORDER TO SHOW CAUSE re #272 Order to Show Cause, by Fred A. Schwartz, Broadway Advance LLC. (Schwartz, Fred)
September 23, 2020 Opinion or Order Filing 283 EMERGENCY MOTION with Certification of Emergency included to Approve ABFP Multi-Strategy Investment Fund LP's Payment of Life Insurance Premium by Ryan K Stumphauzer. Responses due by 10/7/2020 (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
September 23, 2020 Opinion or Order Filing 282 RESPONSE in Opposition re #252 MOTION to Intervene and for miscellaneous relief filed by Ryan K Stumphauzer. Replies due by 9/30/2020. (Kolaya, Timothy)
September 23, 2020 Opinion or Order Filing 281 AFFIDAVIT Declaration of Nicholas Defonte signed by: Nicholas Defonte by Fred A. Schwartz (Attachments: #1 Affidavit)(Schwartz, Fred)
September 23, 2020 Opinion or Order Filing 280 ORDER TAKING MOTION TO COMPEL UNDER ADVISEMENT re #160 Motion to Compel the Production of Opinion Letters and Compliance Materials from Law Firm. Status Report due by 9/30/2020. Signed by Magistrate Judge Bruce E. Reinhart on 9/23/2020. See attached document for full details. (jao)
September 23, 2020 Opinion or Order Filing 279 ORDER SETTING JURY TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: ( Jury Trial set for 8/30/2021 in Fort Lauderdale Division before Judge Rodolfo A. Ruiz II., Calendar Call set for 8/23/2021 11:00 AM in Fort Lauderdale Division before Judge Rodolfo A. Ruiz II., Amended Pleadings due by 11/2/2020., Discovery due by 5/3/2021., Expert Discovery due by 5/3/2021., Joinder of Parties due by 11/2/2020., Mediation Deadline 5/10/2021., In Limine Motions due by 6/14/2021., Dispositive Motions due by 5/17/2021., Motions due by 5/17/2021., Pretrial Stipulation due by 6/14/2021.) Signed by Judge Rodolfo A. Ruiz, II on 9/21/2020. See attached document for full details. (jao) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
September 22, 2020 Opinion or Order Filing 278 PAPERLESS ORDER granting #277 Investor Plaintiffs' Motion for Extension of Time to Reply to Securities and Exchange Commission's Response to Investor Plaintiffs' Motion for Limited Relief from the Amended Order Staying Litigation Against the Receivership Entities. The Movants' deadline to file a reply is extended to September 29, 2020. Signed by Judge Rodolfo A. Ruiz, II on 9/22/2020. (as03)
September 22, 2020 Opinion or Order Filing 277 MOTION for Extension of Time to File Response/Reply/Answer as to #265 Response in Opposition to Motion by Joseph Caputo. (Attachments: #1 Text of Proposed Order)(Barker, Chris)
September 21, 2020 Opinion or Order Filing 276 NOTICE of Attorney Appearance by Seth David Haimovitch on behalf of Joseph W. LaForte. Attorney Seth David Haimovitch added to party Joseph W. LaForte(pty:dft). (Haimovitch, Seth)
September 21, 2020 Opinion or Order Filing 275 NOTICE of Attorney Appearance by David Lawrence Ferguson on behalf of Joseph W. LaForte. Attorney David Lawrence Ferguson added to party Joseph W. LaForte(pty:dft). (Ferguson, David)
September 18, 2020 Opinion or Order Filing 274 ORDER GRANTING #270 THE RECEIVER'S UNOPPOSED MOTION TO APPROVE RETAINED PROFESSIONALS. Signed by Judge Rodolfo A. Ruiz, II on 9/18/2020. See attached document for full details. (as03)
September 18, 2020 Opinion or Order Filing 273 Order Granting #264 Receiver's Unopposed Combined (1) Fifth Expedited Motion to Lift Litigation Injunction As to Certain Garnishment Proceedings; (2) Motion to Lift Litigation as to Certain Affirmative Proceedings Filed on Behalf of the Receivership Entities Prior to Receivership; and (3) Motion to Authorize Release of Lien on Boshart Enterprises. Signed by Judge Rodolfo A. Ruiz, II on 9/18/2020. See attached document for full details. (as03)
September 18, 2020 Opinion or Order Filing 272 ORDER TO SHOW CAUSE REGARDING STANDING for #251 Non-Party Broadway Advance, LLC's Motion for a Clarification of Order and Request for Hearing and #252 Investor Plaintiffs' Motion for Limited Relief from the Amended Order Staying Litigation Against the Receivership Entities. Show cause responses are due by September 25, 2020. Signed by Judge Rodolfo A. Ruiz, II on 9/18/2020. See attached document for full details. (as03)
September 17, 2020 Opinion or Order Filing 271 PAPERLESS ORDER granting #269 Receiver's Motion for Extension of Time to Respond to Investor Plaintiffs' Motion for Limited Relief from the Amended Order Staying Litigation Against the Receivership Entities. Receiver shall file his response on or before September 23, 2020. Signed by Judge Rodolfo A. Ruiz, II on 9/17/2020. (kbm)
September 17, 2020 Opinion or Order Filing 270 Unopposed MOTION to Approve Retained Professionals by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Engagement Letter and Qualifications for Lawgical Insight, #2 Exhibit 2 - Engagement Letter for HD Investigative Group LLC, #3 Exhibit 3 - Proposed Order)(Kolaya, Timothy)
September 17, 2020 Opinion or Order Filing 269 MOTION for Extension of Time to File Response/Reply/Answer as to 254 Order, #252 MOTION to Intervene and for miscellaneous relief by Ryan K Stumphauzer. (Attachments: #1 Text of Proposed Order)(Kolaya, Timothy)
September 17, 2020 Opinion or Order Filing 268 PAPERLESS ORDER granting #262 Defendants' Unopposed Motion for Enlargement of Time to File Reply. Defendants shall file their Reply on or before September 29, 2020. Signed by Judge Rodolfo A. Ruiz, II on 9/17/2020. (as03)
September 17, 2020 Opinion or Order Filing 267 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Securities & Exchange Commission (Berlin, Amie)
September 17, 2020 Opinion or Order 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 Opinion or Order 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 Opinion or Order 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 Opinion or Order 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 Opinion or Order 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 Opinion or Order Filing 261 SCHEDULING REPORT - Rule 26(f) by Securities & Exchange Commission (Berlin, Amie)
September 15, 2020 Opinion or Order 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 Opinion or Order 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 Opinion or Order Filing 258 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Dean J Vagnozzi (Miller, Brian)
September 15, 2020 Opinion or Order 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 Opinion or Order 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 Opinion or Order 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 Opinion or Order 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 Opinion or Order 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 Opinion or Order 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 Opinion or Order Filing 249 Joint RESPONSE to #240 Notice (Other) by Joseph Cole Barleta, Joseph W. LaForte, Lisa Mcelhone. (Hirschhorn, Joel)
September 9, 2020 Opinion or Order 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 Opinion or Order 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 Opinion or Order 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 Opinion or Order 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 Opinion or Order 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 Opinion or Order 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 Opinion or Order 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 Opinion or Order 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 Opinion or Order Filing 239 STATUS REPORT by Fox Rothschild LLP (Levitt, Peter)
September 4, 2020