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, Wilmington Savings Fund Society, FSB, not in its individual capacity but solely as Trustee for Invictus Residential Pooler Trust 3A, Mark Nardelli and Katie Brinson Hinton
Respondent: 19 Country Drive, LLC and Michelle Scaramellino
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, RH Indigo Trails LLP, John J. Rybinski, Paul T Kohler, Albert Vagnozzi, Capricorn Income Fund I, LLC, Capricorn Income Fund I Parallel, LLC and Toorak Capital Partners LLC
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. § 0077 Securities Fraud
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on October 24, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 24, 2023 Opinion or Order Filing 1734 MOTION to Intervene and to Amend/Modify Preliminary Injunction to Allow Capital Source 2000, Inc. Access to Funds by Capital Source 2000, Inc. Attorney Andre G. Raikhelson added to party Capital Source 2000, Inc(pty:ip). (Attachments: #1 Transcripts Transcript of Capital Source 2000, Inc. Deposition)(Raikhelson, Andre)
October 24, 2023 Opinion or Order Filing 1733 ORDER granting #1729 Motion for an Order to Show Cause Why Defendant Lisa McElhone Should Not be Held in Civil Contempt. Defendant Lisa McElhone shall show cause why she should not be held in civil contempt for violating the Amended Final Judgment, [ECF No. 1451], by filing a written response to Plaintiff's Motion on or before November 13, 2023. The Court will hold an in-person hearing on the Order to Show Cause on November 27, 2023 at 10:30 A.M. Signed by Judge Rodolfo A. Ruiz, II on 10/23/2023. See attached document for full details. (mei) . -Modified text on 10/24/2023 (gp).
October 24, 2023 Opinion or Order Filing 1732 PAPERLESS ORDER scheduling in-person oral argument on #1721 Defendant Lisa McElhone's Motion to Modify the Asset Freeze Order [DE 230] to Permit Defendant Lisa McElhone to Use Limited Funds Held in Bank Accounts Which Are Not Within the Receivership Estate to Pay Her Attorney Fees on Monday, November 27th, 2023, at 10:30 A.M. Parties shall report to Courtroom 11-2, 11th Floor, at the Wilkie D. Ferguson, Jr. United States Courthouse, 400 North Miami Avenue, Miami, Florida 33128. Signed by Judge Rodolfo A. Ruiz, II on 10/23/2023. (mei) -Modified text on 10/24/2023 (gp).
October 24, 2023 Opinion or Order Set Deadline per DE#1733: Response re #1729 due by 11/13/2023. (scn)
October 24, 2023 Opinion or Order Set Oral Argument as to #1721 MOTION to Modify the Asset Freeze Order [DE 230] to Permit Her to Use Limited Funds Held In Bank Accounts Which Are Not Within the Receivership Estate to Pay Her Attorney Fees re #230 Order on Motion for Preliminary Injunction . Oral Argument on Motion set for Monday, November 27th, 2023, at 10:30 A.M. Courtroom 11-2, 11th Floor, at the Wilkie D. Ferguson, Jr. United States Courthouse, 400 North Miami Avenue, Miami, Florida 33128, before Judge Rodolfo A. Ruiz II.Per ECF No. 1732 Paperless Order. (gp)
October 24, 2023 Opinion or Order SYSTEM ENTRY - Document 1732, filed on 10/24/2023, modified/deleted. (mr1)
October 21, 2023 Opinion or Order Filing 1731 NOTICE by Securities & Exchange Commission re #1721 MOTION to Modify the Asset Freeze Order [DE 230] to Permit Her to Use Limited Funds Held In Bank Accounts Which Are Not Within the Receivership Estate to Pay Her Attorney Fees re #230 Order on Motion for Preliminary Injunction , #1730 Response in Opposition to Motion, OF FILING EXHIBIT (Berlin, Amie)
October 21, 2023 Opinion or Order Filing 1730 RESPONSE in Opposition re #1721 MOTION to Modify the Asset Freeze Order [DE 230] to Permit Her to Use Limited Funds Held In Bank Accounts Which Are Not Within the Receivership Estate to Pay Her Attorney Fees re #230 Order on Motion for Preliminary Injunction filed by Securities & Exchange Commission. Replies due by 10/30/2023. (Berlin, Amie)
October 20, 2023 Opinion or Order Filing 1729 MOTION for Contempt by Securities & Exchange Commission. Responses due by 11/3/2023 (Attachments: #1 Memorandum, #2 Affidavit, #3 Exhibit)(Roessner, Michael)
October 19, 2023 Opinion or Order Filing 1728 ORDER SETTING SETTLEMENT CONFERENCE: The Receiver, a representative from Class Counsel, and the Parker Plaintiffs shall appear before this Court for a Settlement Conference. Settlement Conference set for 11/13/2023 12:30 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Signed by Magistrate Judge Bruce E. Reinhart on 10/19/2023. See attached document for full details. (wce)
October 19, 2023 Opinion or Order Filing 1727 ORDER SETTING SETTLEMENT CONFERENCE: The Receiver, a representative from Class Counsel, and the Vagnozzi Group shall appear before this court for a Settlement Conference. The Settlement Conference is set for 10/31/2023 9:30 AM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Signed by Magistrate Judge Bruce E. Reinhart on 10/19/2023. See attached document for full details. (wce)
October 12, 2023 Opinion or Order Filing 1726 ORDER GRANTING #1724 RECEIVER'S SECOND MOTION FOR ORDER OF REFERRAL TO UNITED STATES MAGISTRATE JUDGE BRUCE E. REINHART FOR SETTLEMENT CONFERENCE. Signed by Judge Rodolfo A. Ruiz, II on 10/12/2023. See attached document for full details. (mei) Modified text on 10/13/2023 (scn).
October 12, 2023 Opinion or Order Filing 1725 ORDER GRANTING #1723 RECEIVER'S MOTION FOR ORDER OF REFERRAL TO UNITED STATES MAGISTRATE JUDGE BRUCE E. REINHART FOR SETTLEMENT CONFERENCE. Signed by Judge Rodolfo A. Ruiz, II on 10/12/2023. See attached document for full details. (mei) Modified text on 10/13/2023 (scn).
October 12, 2023 Opinion or Order Filing 1724 MOTION (Second Motion) for Order of Referral to United States Magistrate Judge Bruce E. Reinhart for Settlement Conference by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
October 12, 2023 Opinion or Order Filing 1723 MOTION for Order of Referral to United States Magistrate Judge Bruce E. Reinhart for Settlement Conference by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
October 9, 2023 Opinion or Order Filing 1722 ORDER granting #1719 Motion for Order of Sale of Real Property Located at 242 S. 21st Street, Philadelphia, PA 19103. Signed by Judge Rodolfo A. Ruiz, II on 10/9/2023. See attached document for full details. (mei)
October 6, 2023 Opinion or Order Filing 1721 MOTION to Modify the Asset Freeze Order [DE 230] to Permit Her to Use Limited Funds Held In Bank Accounts Which Are Not Within the Receivership Estate to Pay Her Attorney Fees re #230 Order on Motion for Preliminary Injunction by Lisa Mcelhone. (Kaplan, James)
October 3, 2023 Opinion or Order Filing 1720 PAPERLESS ORDER setting deadline for objections regarding #1719 Motion for Order of Sale Authorizing Receiver's Sale of Real Property Located at 242 S. 21st Street, Philadelphia, PA 19103. Parties with relevant objections shall file them on or before 12:00 P.M. EST on October 6, 2023 Signed by Judge Rodolfo A. Ruiz, II on 10/3/2023. (mei)
October 3, 2023 Opinion or Order Reset Deadline per DE# 1720 as to #1719 MOTION for Order of Sale Authorizing Receiver's Sale of Real Property Located at 242 S. 21st Street, Philadelphia, PA 19103. Objections due by 10/6/2023 at 12:00 PM EST. (scn)
October 2, 2023 Opinion or Order Filing 1719 MOTION for Order of Sale Authorizing Receiver's Sale of Real Property Located at 242 S. 21st Street, Philadelphia, PA 19103 by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Declaration of Ryan K. Stumphauzer, #2 Exhibit 2 - Proposed Order)(Kolaya, Timothy)
October 2, 2023 Opinion or Order Filing 1718 ANSWER to Writ of Garnishment by TRUIST BANK. Reply/Objections to Writ Answer due by 10/23/2023. (scn)
September 29, 2023 Opinion or Order Filing 1717 ORDER Denying Non-Party, Grand Hope Investments, Inc.'s Motion to Lift Litigation Injunction #1701 and Granting Receiver's Motion to Clarify Prior Order Lifting Litigation Injunction as to Grand Hope Investments, Inc.'s State Court Action #1715 . Signed by Judge Rodolfo A. Ruiz, II on 9/29/2023. See attached document for full details. (mei) Text Modified on 10/2/2023 (scn).
September 28, 2023 Opinion or Order Filing 1716 PAPERLESS ORDER granting #1655 Receiver's Motion for Discovery - Motion to Compel Pacific Life Insurance Company's Compliance with Subpoena. As stated on the record during the hearing conducted on September 28, 2023, Non-Party Pacific Life Insurance Company ("Pacific Life") shall comply with the following deadlines: (1) On or before October 30, 2023, at 5:00 pm Eastern Time, Pacific Life shall conduct a search for documents responsive to subpoena Request No. 7 within the time frame identified in the subpoena. This ruling is without prejudice to Pacific Life lodging objections to the production of any documents responsive to Request No. 7. (2) On or before October 30, 2023, at 5:00 pm Eastern Time, Pacific Life shall provide to the Receiver a formal written response to the subpoena that specifically addresses each paragraph of the subpoena. The parties may mutually agree to amend these deadlines without further Court intervention. Signed by Magistrate Judge Bruce E. Reinhart on 9/28/2023. (kso)
September 28, 2023 Opinion or Order Filing 1715 RESPONSE in Opposition re #1701 MOTION to Lift Litigation Injunction on State Court Mortgage Foreclosure Action or, Alternatively, to Stay Public Auction of Property and Receiver's Motion to Clarify Prior Order Lifting Litigation Injunction as to Grand Hope Investments, Inc.'s State Court Action filed by Ryan K Stumphauzer. Replies due by 10/5/2023. (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
September 28, 2023 Opinion or Order Filing 1714 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Telephonic Motion Hearing held on 9/28/2023 re #1655 MOTION for Discovery - Motion to Compel Pacific Life Insurance Company's Compliance with Subpoena. Total time in court: 18 minutes. (Digital BER_1_9.28.2023) (kso)
September 26, 2023 Opinion or Order Filing 1713 TRANSCRIPT INFORMATION FORM by Dean J Vagnozzi re #1703 Notice of Interlocutory Appeal,,. No Transcript Requested. (Minsky, Matthew)
September 22, 2023 Opinion or Order Filing 1712 ORDER granting #1705 Motion for Order of Sale of Property Located at 1932 SPRUCE STREET, PHILADELPHIA, PA 19103. Signed by Judge Rodolfo A. Ruiz, II on 9/22/2023. See attached document for full details. (mei)
September 20, 2023 Opinion or Order Filing 1711 PAPERLESS ORDER Setting Hearing on Motion #1655 MOTION for Discovery - Motion to Compel Pacific Life Insurance Company's Compliance with Subpoena: Telephonic Motion Hearing set for 9/28/2023 at 1:30 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 9/20/2023. (kso)
September 19, 2023 Opinion or Order Filing 1710 TRANSCRIPT of Status Conference held on 9/5/2023 before Judge Rodolfo A. Ruiz, II, 1-51 pages, Court Reporter: Ilona Lupowitz, 305-523-5737 / Ilona_lupowitz@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 10/10/2023. Redacted Transcript Deadline set for 10/20/2023. Release of Transcript Restriction set for 12/18/2023. (ilz)
September 18, 2023 Opinion or Order Filing 1709 Acknowledgment of Receipt of NOA from USCA re #1703 Notice of Interlocutory Appeal, filed by Dean J Vagnozzi. Date received by USCA: 09/15/2023. USCA Case Number: 23-13027-A. (jgo)
September 16, 2023 Opinion or Order Filing 1708 REPLY to Response to Motion re #1655 MOTION for Discovery - Motion to Compel Pacific Life Insurance Company's Compliance with Subpoena filed by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Email Dated September 9, 2022, #2 Exhibit 2 - Email Dated September 14, 2022, #3 Exhibit 3 - Email Dated September 27, 2022, #4 Exhibit 4 - Pacific Life Letter dated October 6, 2022, #5 Exhibit 5 - Email Dated October 31, 2022, #6 Exhibit 6 - Email Dated January 9, 2023, #7 Exhibit 7 - Email Dated May 10, 2023, #8 Exhibit 8 - Email Dated May 16, 2023)(Kolaya, Timothy)
September 15, 2023 Opinion or Order Filing 1707 PAPERLESS ORDER setting deadline for objections. Parties with relevant objections shall file them on or before 12:00 P.M. EST on September 22, 2023. Signed by Judge Rodolfo A. Ruiz, II on 9/15/2023. (mei)
September 15, 2023 Opinion or Order Filing 1706 ORDER granting #1704 Motion to Amend/Correct Order Authorizing Receiver's Sale of Real Property Located at 4633 Walnut Street, Philadelphia, PA 19139, [ECF No. 1673]. Signed by Judge Rodolfo A. Ruiz, II on 9/15/2023. See attached document for full details. (mei)
September 15, 2023 Opinion or Order Filing 1705 MOTION for Order of Sale Approving Receiver's Sale of Real Property Located at 1932 Spruce Street, Philadelphia, PA 19103 by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Declaration of Ryan K. Stumphauzer, #2 Exhibit 2 - Proposed Order)(Kolaya, Timothy)
September 15, 2023 Opinion or Order Filing 1704 MOTION to Amend/Correct #1673 Order on Motion for Order of Sale by Ryan K Stumphauzer. Responses due by 9/29/2023 (Attachments: #1 Exhibit 1 - Change in Terms Addendum to Agreement of Sale, #2 Exhibit 2 - Proposed Order)(Kolaya, Timothy)
September 15, 2023 Opinion or Order Transmission of Notice of Appeal, Order under appeal, and Docket Sheet to US Court of Appeals re #1703 Notice of Interlocutory Appeal, Notice has been electronically mailed. (apz)
September 14, 2023 Opinion or Order Filing 1703 Notice of Interlocutory Appeal as to #1695 Order on Motion for Leave to File by Dean J Vagnozzi. Filing fee $ 505.00 receipt number AFLSDC-16918759. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under All Forms and look for Transcript Order Form #www.flsd.uscourts.gov/forms/all-forms. (Attachments: #1 Exhibit A)(Minsky, Matthew)
September 14, 2023 Opinion or Order Filing 1702 NOTICE of Attorney Appearance by Matthew Louis Minsky on behalf of Dean J Vagnozzi. Attorney Matthew Louis Minsky added to party Dean J Vagnozzi(pty:dft). (Minsky, Matthew)
September 14, 2023 Opinion or Order Filing 1701 MOTION to Lift Litigation Injunction on State Court Mortgage Foreclosure Action or, Alternatively, to Stay Public Auction of Property by Grand Hope Investments, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Barrios, Brad)
September 12, 2023 Opinion or Order Filing 1700 Pursuant to 11th Cir. R. 11-2 and 11th Cir. R. 11-3, the Clerk of the District Court for the Southern District of Florida certifies that the record is complete for purposes of this appeal re: #1589 Notice of Appeal, Appeal No. 23-11927-E. The entire record on appeal is available electronically. (apz)
September 11, 2023 Opinion or Order Filing 1699 ORDER denying #1687 Motion to Intervene and Lift the Litigation Injunction. Notice of Termination delivered by US Mail to J. Ferguson. Signed by Judge Rodolfo A. Ruiz, II on 9/11/2023. See attached document for full details. (scn)
September 11, 2023 Opinion or Order Filing 1698 RESPONSE in Opposition re #1655 MOTION for Discovery - Motion to Compel Pacific Life Insurance Company's Compliance with Subpoena filed by Pacific Life Insurance Company. Replies due by 9/18/2023. (Attachments: #1 Exhibit A - Email from Pacific Life to Receiver, dated Oct. 4, 2022, #2 Exhibit B - Pacifc Life's Response to Receiver's Subpoena, dated Oct. 6, 2022, #3 Exhibit C - Receiver's Letter to Pacific Life regarding Subpoena Response, dated Oct. 14, 2022, #4 Exhibit D - Email from Pacific Life to Receiver, dated Oct. 31, 2022)(Fuller, Todd)
September 8, 2023 Opinion or Order Filing 1696 RESPONSE in Opposition re #1687 MOTION to Intervene filed by Ryan K Stumphauzer. Replies due by 9/15/2023. (Attachments: #1 Exhibit 1 - Email with Counsel for Trustee, #2 Exhibit 2 - Proposed Order)(Kolaya, Timothy)
September 7, 2023 Opinion or Order Filing 1697 ORDER AUTHORIZING RECEIVER'S SALE OF REAL PROPERTY LOCATED AT 1530 CHRISTIAN STREET, PHILADELPHIA, PA 19146: Granting #1688 Motion for Order of Sale. Signed by Judge Rodolfo A. Ruiz, II on 9/7/2023. See attached document for full details. (scn)
September 7, 2023 Opinion or Order Filing 1695 ORDER DENYING #1654 DEFENDANT DEAN VAGNOZZI'S MOTION FOR LEAVE TO FILE DECLARATORY JUDGMENT COMPLAINT. Signed by Judge Rodolfo A. Ruiz, II on 9/7/2023. See attached document for full details. (pwn)
September 6, 2023 Opinion or Order Filing 1694 NOTICE of Attorney Appearance by Jeffrey Clark Schneider on behalf of Robert Montgomery. Attorney Jeffrey Clark Schneider added to party Robert Montgomery(pty:ip). (Schneider, Jeffrey)
September 5, 2023 Opinion or Order Filing 1693 PAPERLESS ORDER SETTING STATUS CONFERENCE for Wednesday, November 29, 2023, at 10:00 A.M. during which the Court will request that Receiver's Counsel provide an update regarding the progress of the claims administration process, as well as an update regarding collection efforts on behalf of the investors. The Status Conference will take place in-person in Courtroom 11-2, 11th Floor, at the Wilkie D. Ferguson, Jr. United States Courthouse, 400 North Miami Avenue, Miami, Florida 33128. For the benefit of investors with an interest in the claims administration portion of this litigation, the Court also provides the following Zoom link:https://www.zoomgov.com/j/1613163705?pwd=KzVPaEd6Q1pQNHpsTlNsak1aZzlRQT09 Meeting ID: 161 316 3705Passcode: 643883 Signed by Judge Rodolfo A. Ruiz, II on 9/5/2023. (pwn)
September 5, 2023 Opinion or Order Filing 1692 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Status Conference held on 9/5/2023. Attorney Appearance(s): Andre G. Raikhelson, Seth David Haimovitch, Noah Elliot Snyder, Alise Meredith Johnson, Timothy Andrew Kolaya, Gaetan J. Alfano, Ryan K. Stumphauzer, Court Reporter: Ilona Lupowitz, 305-523-5737 / Ilona_lupowitz@flsd.uscourts.gov. (gp)
September 1, 2023 Opinion or Order Reset Deadline per DE#1689 as to #1687 MOTION to Intervene, #1688 MOTION for Order of Sale of Real Property Located at 1530 Christian Street, Philadelphia, PA 19146. Responses due by 9/8/2023. Objection due by 9/7/2023. (scn)
September 1, 2023 Opinion or Order Filing 1691 ORDER Authorizing #1679 Receiver's Motion for Order of Sale of Real Property Located at 118 Olive Street, Philadelphia, PA 19123. Signed by Judge Rodolfo A. Ruiz, II on 9/1/2023. See attached document for full details. (pwn)
September 1, 2023 Opinion or Order Filing 1690 PAPERLESS ORDER requiring expedited response. The Receiver shall file a response to the Motion to Intervene, [ECF No. 1687], along with a proposed order on or before September 8, 2023. Signed by Judge Rodolfo A. Ruiz, II on 9/1/2023. (pwn)
September 1, 2023 Opinion or Order Filing 1689 PAPERLESS ORDER setting deadline for objections. Parties with relevant objections to [ECF No. 1688] shall file them on or before 10:00 A.M. EST on September 7, 2023. Signed by Judge Rodolfo A. Ruiz, II on 9/1/2023. (pwn)
August 31, 2023 Opinion or Order Filing 1688 MOTION for Order of Sale of Real Property Located at 1530 Christian Street, Philadelphia, PA 19146 by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Declaration of Ryan K. Stumphauzer, #2 Exhibit 2 - Proposed Order)(Kolaya, Timothy) Modified Text on 9/1/2023 (ls).
August 30, 2023 Opinion or Order Filing 1687 MOTION to Intervene for the Limited Purpose of Requesting Relief from the Stay by J. Brian Ferguson. (Attachments: #1 Exhibit A)(ls)
August 30, 2023 Opinion or Order Filing 1686 Consent by Pro Se Litigant (Non-Prisoner) J. Brian Ferguson to receive Notices of Electronic Filing at email address: brian@ozarkfunds.com (ls)
August 30, 2023 Opinion or Order Filing 1685 PAPERLESS ORDER granting #1684 Non-party Pacific Life Insurance Company's Second Unopposed Motion for Extension of Time. On or before September 11, 2023, Pacific Life Insurance Company shall file its response to the Receiver's Motion to Compel (ECF No. #1655 ). Signed by Magistrate Judge Bruce E. Reinhart on 8/30/2023. (kso)
August 30, 2023 Opinion or Order Filing 1684 Unopposed MOTION for Extension of Time to respond to receiver's motion to compel compliance with subpoena re #1655 MOTION for Discovery - Motion to Compel Pacific Life Insurance Company's Compliance with Subpoena by Pacific Life Insurance Company. Responses due by 9/13/2023 (Attachments: #1 Text of Proposed Order)(Fuller, Todd)
August 28, 2023 Opinion or Order Filing 1683 SUR REPLY to Response to Motion re #1654 MOTION for Leave to File Dec Action Complaint filed by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
August 28, 2023 Opinion or Order Filing 1682 PAPERLESS ORDER granting #1681 Receiver's Motion for Leave to File Sur-Reply regarding Defendant Dean Vagnozzi's Motion for Leave to File Declaratory Judgment Action. The Receiver shall file the Sur-Reply as a separate docket entry on or before August 30, 2023. The Court is in receipt of Dean Vagnozzi's proposed order [ECF No. 1654-2]. The Court, however, also instructs the Receiver to file and email to the Court in Microsoft Word format a proposed order on or before August 30, 2023. Signed by Judge Rodolfo A. Ruiz, II on 8/28/2023. (pwn)
August 28, 2023 Opinion or Order Filing 1681 MOTION for Leave to File Sur-Reply to Defendant Dean Vagnozzi's Reply to the Receiver's Response in Opposition to Vagnozzi's Motion for Leave to File Declaratory Judgment Action by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Proposed Sur-Reply, #2 Exhibit 2 - Proposed Order)(Kolaya, Timothy)
August 25, 2023 Opinion or Order Filing 1680 PAPERLESS ORDER setting deadline for objections. Parties with relevant objections to [ECF No. 1679] shall file them on or before 10:00 A.M. EST on September 1, 2023. Signed by Judge Rodolfo A. Ruiz, II on 8/25/2023. (pwn)
August 25, 2023 Opinion or Order Filing 1679 MOTION for Order of Sale - Authorizing Receiver's Sale of Real Property Located at 118 Olive Street, Philadelphia, PA 19123 by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Declaration of Ryan K. Stumphauzer, #2 Exhibit 2 - Proposed Order)(Kolaya, Timothy)
August 24, 2023 Opinion or Order Filing 1678 NOTICE of Attorney Appearance by Juan J Michelen on behalf of Ryan K Stumphauzer. Attorney Juan J Michelen added to party Ryan K Stumphauzer(pty:rc). (Michelen, Juan)
August 24, 2023 Opinion or Order Filing 1677 PAPERLESS ORDER Resetting 1626 Status Conference - << ** TIME CHANGE ONLY. ** << The Status Conference currently scheduled for Tuesday, September 5, 2023, will now begin at 2:00 P.M. Receiver's counsel shall be prepared to provide an update regarding the progress of the claims administration process, as well as an update regarding collection efforts on behalf of the investors. The Status Conference will take place in-person in Courtroom 11-2, 11th Floor, at the Wilkie D. Ferguson, Jr. United States Courthouse, 400 North Miami Avenue, Miami, Florida 33128. Status Conference set for 9/5/2023 02:00 PM in Miami Division before Judge Rodolfo A. Ruiz II. Signed by Judge Rodolfo A. Ruiz, II on 8/24/2023. (pwn)
August 24, 2023 Opinion or Order Filing 1676 Appeal Record Returned: DE #1121 - USB drive, consisting of Sealed Exhibits P-113, P-124, P-126 and P-143, P-326, P-327 re: #1439 Notice of Appeal. USCA # 22-13811-CC. (jes)
August 23, 2023 Opinion or Order Set Deadline per DE#1675 as to #1655 MOTION for Discovery - Motion to Compel Pacific Life Insurance Company's Compliance with Subpoena. Response due by 8/30/2023. (scn)
August 23, 2023 Opinion or Order Filing 1675 PAPERLESS ORDER granting #1674 Non-party Pacific Life Insurance Company's Unopposed Motion for Extension of Time. On or before August 30, 2023, Pacific Life Insurance Company shall file its response to the Receiver's Motion to Compel (ECF No. #1655 ). Signed by Magistrate Judge Bruce E. Reinhart on 8/23/2023. (kso)
August 23, 2023 Opinion or Order Filing 1674 Unopposed MOTION for Extension of Time to respond to receiver's motion to compel compliance with subpoena re #1655 MOTION for Discovery - Motion to Compel Pacific Life Insurance Company's Compliance with Subpoena by Pacific Life Insurance Company. Attorney Todd Matthew Fuller added to party Pacific Life Insurance Company(pty:cust). Responses due by 9/6/2023 (Attachments: #1 Text of Proposed Order)(Fuller, Todd)
August 23, 2023 Opinion or Order Filing 1673 ORDER Authorizing #1664 RECEIVER'S SALE OF REAL PROPERTY LOCATED AT 4633 WALNUT STREET, PHILADELPHIA, PA 19139. Signed by Judge Rodolfo A. Ruiz, II on 8/23/2023. See attached document for full details. (pwn)
August 23, 2023 Opinion or Order Filing 1672 REPLY to Response to Motion re #1654 MOTION for Leave to File Dec Action Complaint filed by Dean J Vagnozzi. (Attachments: #1 Exhibit 7-21-23 Letter to T Kolaya, #2 Exhibit DOJ Application for Stay Purdue Pharma, #3 Exhibit 9-19-2010 Fee Agreement, #4 Exhibit Def's ANswer with New Matter, #5 Exhibit Deposition Transcript of J. Paciulo - Excerpts, #6 Exhibit D. Vagnozzi's Personal Damages Slides)(Wolk, William)
August 22, 2023 Opinion or Order Filing 1671 ORDER Authorizing #1658 RECEIVER'S SALE OF REAL PROPERTY LOCATED AT 915-917 SOUTH 11th STREET, PHILADELPHIA, PA 19147. Signed by Judge Rodolfo A. Ruiz, II on 8/22/2023. See attached document for full details. (pwn)
August 22, 2023 Opinion or Order Filing 1670 NOTICE of Compliance by Joseph Cole Barleta re #1668 Order on Motion to Strike, (Attachments: #1 Affidavit of Joseph Cole Barleta, #2 Affidavit of Andre G. Raikhelson, Esq.) (Raikhelson, Andre)
August 21, 2023 Opinion or Order Filing 1669 MANDATE of USCA (certified copy). AFFIRMED Order of the district court with USCA court's opinion re: #1439 Notice of Appeal, filed by Joseph Cole Barleta. Date Issued: 08/21/2023. USCA Case Number: 22-13811-CC. (jes)
August 17, 2023 Opinion or Order Filing 1668 ORDER granting in part and denying in part #1659 Receiver's Motion to Strike #1599 Notice of Compliance from Defendant Joseph Cole Barleta. Signed by Judge Rodolfo A. Ruiz, II on 8/17/2023. See attached document for full details. (pwn)
August 16, 2023 Opinion or Order Filing 1667 ORDER GRANTING #1663 RECEIVER'S TWELFTH APPLICATION FOR ALLOWANCE AND PAYMENT OF PROFESSIONALS' FEES AND REIMBURSEMENT OF EXPENSES FOR APRIL 1, 2023 -- JUNE 30, 2023. Signed by Judge Rodolfo A. Ruiz, II on 8/16/2023. See attached document for full details. (pwn)
August 16, 2023 Opinion or Order Filing 1666 PAPERLESS ORDER setting deadline for objections. Parties with relevant objections to [ECF No. 1664] shall file them on or before 12:00 P.M. EST on August 23, 2023. Signed by Judge Rodolfo A. Ruiz, II on 8/16/2023. (pwn)
August 16, 2023 Opinion or Order Filing 1665 RESPONSE in Opposition re #1654 MOTION for Leave to File Dec Action Complaint filed by Ryan K Stumphauzer. Replies due by 8/23/2023. (Kolaya, Timothy)
August 16, 2023 Opinion or Order Filing 1664 MOTION for Order of Sale Approving Receiver's Sale of Real Property Located at 4633 Walnut Street, Philadelphia, PA 19139 by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Declaration of Ryan K. Stumphauzer, Esq., #2 Exhibit 2 - Proposed Order)(Kolaya, Timothy)
August 15, 2023 Opinion or Order Filing 1663 MOTION Receiver's Twelfth Application for Allowance and Payment of Professionals' Fees and Reimbursement of Expenses for April 1, 2023 - June 30, 2023 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 Kolaya Nadler & Sloman, PLLC, #4 Exhibit 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 Kolaya Nadler & Sloman, 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, #13 Exhibit 5 - Proposed Order)(Kolaya, Timothy)
August 15, 2023 Opinion or Order Filing 1662 RESPONSE in Opposition re #1659 MOTION to Strike #1599 Notice of Compliance from Defendant Joseph Cole Barleta filed by Joseph Cole Barleta. Replies due by 8/22/2023. (Raikhelson, Andre)
August 15, 2023 Opinion or Order Filing 1661 Certified and Transmitted Electronic Record on Appeal to US Court of Appeals re #1492 Notice of Appeal, #1494 Notice of Appeal. USCA # 23-10228-AA. (jes)
August 15, 2023 Opinion or Order Filing 1660 PAPERLESS ORDER setting deadline for objections. Parties with relevant objections to [ECF No. 1658] shall file them on or before 12:00 P.M. EST on August 22, 2023. Signed by Judge Rodolfo A. Ruiz, II on 8/15/2023. (pwn)
August 15, 2023 Opinion or Order Filing 1659 MOTION to Strike #1599 Notice of Compliance from Defendant Joseph Cole Barleta by Ryan K Stumphauzer. Responses due by 8/29/2023 (Attachments: #1 Exhibit 1 - Emails Dated June 15, 2023, #2 Exhibit 2 - Emails Dated June 16, 2023, #3 Exhibit 3 - Excerpts from Transcript of Status Conference on June 29, 2023, #4 Exhibit 4 - Emails Dated July 31, 2023, #5 Exhibit 5 - Proposed Order)(Kolaya, Timothy)
August 15, 2023 Opinion or Order Filing 1658 MOTION for Order of Sale Authorizing Receiver's Sale of Real Property Located at 915-917 South 11th Street, Philadelphia, PA 19147 by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Declaration of Ryan K. Stumphauzer, Esq., #2 Exhibit 2 - Proposed Order)(Kolaya, Timothy)
August 10, 2023 Opinion or Order Filing 1657 ORDER GRANTING #1656 RECEIVER'S TWENTY-EIGHTH MOTION TO LIFT LITIGATION INJUNCTION AS TO CERTAIN GARNISHMENT PROCEEDINGS. Signed by Judge Rodolfo A. Ruiz, II on 8/9/2023. See attached document for full details. (scn)
August 9, 2023 Opinion or Order Filing 1656 MOTION Receiver's Twenty-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)
August 9, 2023 Opinion or Order Filing 1655 MOTION for Discovery - Motion to Compel Pacific Life Insurance Company's Compliance with Subpoena by Ryan K Stumphauzer. Responses due by 8/23/2023 (Attachments: #1 Exhibit 1 - Subpoena to Pacific Life, #2 Exhibit 2 - Emails with Counsel for Pacific Life)(Kolaya, Timothy)
August 2, 2023 Opinion or Order Filing 1654 MOTION for Leave to File Dec Action Complaint by Dean J Vagnozzi. (Attachments: #1 Exhibit Exhibit A - Dec Action Complaint, #2 Text of Proposed Order Proposed Order)(Wolk, William)
July 31, 2023 Opinion or Order Filing 1653 STATUS REPORT - Receiver's Quarterly Status Report dated July 31, 2023 by Ryan K Stumphauzer (Attachments: #1 Exhibit 1 - DSI's Quarterly Report and Accounting)(Kolaya, Timothy)
July 26, 2023 Opinion or Order Filing 1652 ORDER granting #1647 MOTION FOR AUTHORIZATION OF RECEIVER'S SALE OF REAL PROPERTY LOCATED AT 2413 ROMA DRIVE, PHILADELPHIA, PA 19145. Signed by Judge Rodolfo A. Ruiz, II on 7/26/2023. See attached document for full details. (pwn)
July 24, 2023 Opinion or Order Filing 1651 ORDER granting #1644 MOTION FOR ORDER AUTHORIZING RECEIVER'S SALE OF REAL PROPERTY LOCATED AT 803 S. 4TH STREET, PHILADELPHIA, PA 19147. Signed by Judge Rodolfo A. Ruiz, II on 7/24/2023. See attached document for full details. (pwn)
July 21, 2023 Opinion or Order Filing 1650 Acknowledgment of Receipt of NOA from USCA re: #1640 Notice of Appeal, filed by Lisa Mcelhone, Joseph W. LaForte. Date received by USCA: 07/17/2023. USCA Case Number: 23-12330-A. (jes)
July 19, 2023 Opinion or Order Filing 1649 Clerk's Notice to Filer re #1647 MOTION for Miscellaneous Relief. Filer Selected the Wrong Motion Relief(s); ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (jas)
July 19, 2023 Opinion or Order Filing 1648 PAPERLESS ORDER setting deadline for objections. Parties with relevant objections to [ECF No. 1647] shall file them on or before 12:00 P.M. EST on July 26, 2023. Signed by Judge Rodolfo A. Ruiz, II on 7/19/2023. (pwn)
July 19, 2023 Opinion or Order Filing 1647 MOTION for Order Authorizing Receiver's Sale of Real Property Located at 2413 Roma Drive, Philadelphia, PA 19145 by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Declaration of Ryan K. Stumphauzer, #2 Exhibit 2 - Stipulation of Waiver of Requirements Under 28 U.S.C. 2001 and 28 U.S.C. 2004, #3 Exhibit 3 - Proposed Order)(Kolaya, Timothy)
July 17, 2023 Opinion or Order Filing 1646 PAPERLESS ORDER setting deadline for objections. Parties with relevant objections to [ECF No. 1644] shall file them on or before 12:00 P.M. EST on July 24, 2023. Signed by Judge Rodolfo A. Ruiz, II on 7/17/2023. (pwn)
July 17, 2023 Opinion or Order Filing 1645 ORDER granting #1638 MOTION FOR ORDER APPROVING RECEIVER'S SALE OF REAL PROPERTY LOCATED AT 107 QUAYSIDE DRIVE, JUPITER, FLORIDA 33477. Signed by Judge Rodolfo A. Ruiz, II on 7/17/2023. See attached document for full details. (pwn)
July 17, 2023 Opinion or Order Filing 1644 MOTION for Order Authorizing Receiver's Sale of Real Property Located at 803 S. 4th Street, Philadelphia, PA 19147 by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Declaration of Ryan K. Stumphauzer, #2 Exhibit 2 - Proposed Order)(Kolaya, Timothy)
July 17, 2023 Opinion or Order Filing 1643 RESPONSE in Opposition re #1638 MOTION for Order Approving Receiver's Sale of Property Located at 107 Quayside Drive, Jupiter, Florida 33477 filed by Joseph W. LaForte, Lisa Mcelhone. Replies due by 7/24/2023. (Kaplan, James)
July 17, 2023 Opinion or Order Transmission of Notice of Appeal, Order under appeal and Docket Sheet to US Court of Appeals re: #1640 Notice of Appeal. Notice has been electronically mailed. (jes)
July 14, 2023 Opinion or Order Filing 1642 TRANSCRIPT of Status Conference held on 6/29/2023 before Judge Rodolfo A. Ruiz, II, 1-72 pages, Court Reporter: Ilona Lupowitz, 305-523-5737 / Ilona_lupowitz@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/4/2023. Redacted Transcript Deadline set for 8/14/2023. Release of Transcript Restriction set for 10/12/2023. (ilz)
July 14, 2023 Opinion or Order Filing 1641 Clerks Notice of Receipt of Appeal Filing Fee re: ECF No. #1640 Joint Notice of Appeal received on 7/14/2023 in the amount of $ 505.00, receipt number AFLSDC-16765497 (jc)
July 14, 2023 Opinion or Order Filing 1640 Joint Notice of Appeal as to 1566 Order on Motion for Miscellaneous Relief by Joseph W. LaForte, Lisa Mcelhone. Filing fee $ 505.00. Agency Tracking ID: AFLSDC-16765497. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under All Forms and look for Transcript Order Form #www.flsd.uscourts.gov/forms/all-forms. (Kaplan, James) Modified text on 7/14/2023 (jc).
July 10, 2023 Opinion or Order Filing 1639 PAPERLESS ORDER setting deadline for objections. Parties with relevant objections shall file them on or before 12:00 P.M. EST on July 17, 2023. Signed by Judge Rodolfo A. Ruiz, II on 7/10/2023. (pwn)
July 10, 2023 Opinion or Order Filing 1638 MOTION for Order Approving Receiver's Sale of Property Located at 107 Quayside Drive, Jupiter, Florida 33477 by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Declaration of Ryan K. Stumphauzer, #2 Exhibit 2 - Stipulation of Waiver of Requirements Under 28 U.S.C. 2001 and 28 U.S.C. 2004 for the Sale of the Property, #3 Exhibit 3 - Proposed Order)(Kolaya, Timothy)
July 10, 2023 Opinion or Order Set Deadline per DE#1639 as to #1638 MOTION for Order Approving Receiver's Sale of Property Located at 107 Quayside Drive, Jupiter, Florida 33477. Objections due by 7/17/2023. (scn)
July 7, 2023 Opinion or Order Filing 1637 TRANSCRIPT INFORMATION FORM by Joseph Cole Barleta re #1585 Notice of Interlocutory Appeal,,. No Transcript Requested. (Raikhelson, Andre)
July 7, 2023 Opinion or Order Filing 1636 TRANSCRIPT INFORMATION FORM by Joseph Cole Barleta re #1589 Notice of Appeal,,. Hearing transcript(s) ordered. Order placed by Andre G. Raikhelson. Email sent to Court Reporter Coordinator. (Raikhelson, Andre)
July 6, 2023 Opinion or Order Filing 1635 NOTICE OF WITHDRAWAL OF MOTION by Dean J Vagnozzi re #1632 MOTION to Compel Receiver to Disclose "Settlement in Principle" filed by Dean J Vagnozzi (Wolk, William)
July 6, 2023 Opinion or Order Filing 1634 ORDER granting #1624 MOTION FOR ORDER AUTHORIZING RECEIVER'S SALE OF REAL PROPERTY LOCATED AT 105 REBECCA COURT, PAUPACK, PA 18451 ("Paupack Home"). Signed by Judge Rodolfo A. Ruiz, II on 7/6/2023. See attached document for full details. (pwn)
July 5, 2023 Opinion or Order Filing 1633 ORDER AWARDING ATTORNEYS' FEES TO RECEIVER IN CONNECTION WITH ORDER GRANTING RECEIVER'S EXPEDITED MOTION TO QUASH JULY 23, 2023 SUBPOENA AND FOR PROTECTIVE ORDER [ECF No. 1623]. Signed by Judge Rodolfo A. Ruiz, II on 7/5/2023. See attached document for full details. (pwn)
July 5, 2023 Opinion or Order Filing 1632 (WITHDRAWN PER DE#1635) MOTION to Compel Receiver to Disclose "Settlement in Principle" by Dean J Vagnozzi. Responses due by 7/19/2023 (Attachments: #1 Text of Proposed Order)(Wolk, William) Text Modified on 7/6/2023 (scn).
July 5, 2023 Opinion or Order Filing 1631 RESPONSE in Opposition re #1624 MOTION for Order Authorizing Receiver's Sale of Real Property Located at 105 Rebecca Court, Paupack, PA 18451 filed by Joseph W. LaForte, Lisa Mcelhone. Replies due by 7/12/2023. (Kaplan, James)
July 3, 2023 Opinion or Order Filing 1630 NOTICE by Ryan K Stumphauzer re #1623 Order on Expedited Motion - Notice of Filing Time Records in Connection with Order Granting Receiver's Expedited Motion to Quash July 23, 2023 Subpoena and for Protective Order (Attachments: #1 Exhibit 1 - Time Records (Pietragallo Gordon Alfano Bosick & Raspanti, LLP), #2 Exhibit 2 - Time Records (Stumphauzer Kolaya Nadler & Sloman, PLLC), #3 Exhibit 3 - Proposed Order) (Kolaya, Timothy)
June 29, 2023 Opinion or Order Set Deadline per DE#1627 as to #1624 MOTION for Order Authorizing Receiver's Sale of Real Property Located at 105 Rebecca Court, Paupack, PA 18451 . Objections due by 7/5/2023. (scn)
June 29, 2023 Opinion or Order Filing 1629 ORDER DENYING #1593 NON-PARTY GRAND HOPE INVESTMENTS, INC.'S MOTION TO INTERVENE AND MOTION TO SUE RECEIVER. Signed by Judge Rodolfo A. Ruiz, II on 6/29/2023. See attached document for full details. (pwn) (Main Document 1629 replaced on 6/30/2023) (gp).
June 29, 2023 Opinion or Order Filing 1628 ORDER GRANTING #1598 RECEIVER'S MOTION TO REIMPOSE LITIGATION STAY AS TO CLAIMS AGAINST ECKERT SEAMANS AND/OR JOHN W. PAUCIULO. Signed by Judge Rodolfo A. Ruiz, II on 6/29/2023. See attached document for full details. (pwn) Modified text on 7/5/2023 (gp).
June 29, 2023 Opinion or Order Filing 1627 PAPERLESS ORDER setting deadline for objections to [ECF No. 1624] Receiver's Motion for Order Authorizing Receiver's Sale of Real Property Located at 105 Rebecca Court, Paupack, PA 18451 ("Motion"). Should Defendants wish to file an objection to the Motion, they must do so on or before 10:00 A.M. on July 5, 2023. Signed by Judge Rodolfo A. Ruiz, II on 6/29/2023. (pwn)
June 29, 2023 Opinion or Order Filing 1626 PAPERLESS ORDER SETTING STATUS CONFERENCE for Tuesday, September 5, 2023, at 1:00 P.M. during which the Court will request that Receiver's Counsel provide an update regarding the progress of the claims administration process, as well as an update regarding collection efforts on behalf of the investors. The Status Conference will take place in-person in Courtroom 11-2, 11th Floor, at the Wilkie D. Ferguson, Jr. United States Courthouse, 400 North Miami Avenue, Miami, Florida 33128. Signed by Judge Rodolfo A. Ruiz, II on 6/29/2023. (pwn)
June 29, 2023 Opinion or Order Filing 1625 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Status Conference held on 6/29/2023. Attorney Appearance(s): Andre G. Raikhelson, James Miller Kaplan, Seth David Haimovitch, Alise Meredith Johnson, Timothy Andrew Kolaya, Gaetan J. Alfano, Ryan K. Stumphauzer, Court Reporter: Ilona Lupowitz, 305-523-5737 / Ilona_lupowitz@flsd.uscourts.gov. (gp)
June 28, 2023 Opinion or Order Filing 1624 MOTION for Order Authorizing Receiver's Sale of Real Property Located at 105 Rebecca Court, Paupack, PA 18451 by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Declaration of Ryan K. Stumphauzer, #2 Exhibit 2 - Proposed Order)(Kolaya, Timothy)
June 27, 2023 Opinion or Order Filing 1623 ORDER granting #1620 Receiver's Expedited Motion to Quash July 23, 2023 Subpoena and for Protective Order. Signed by Judge Rodolfo A. Ruiz, II on 6/27/2023. See attached document for full details. (pwn)
June 27, 2023 Opinion or Order Filing 1622 RESPONSE in Opposition re #1620 EXPEDITED MOTION to Quash July 23, 2023 Subpoena and for Protective Order filed by Francis Cassidy, David Gollner, Christopher McMorrow, Mark Nardelli. Replies due by 7/5/2023. (Attachments: #1 Text of Proposed Order Proposed Order)(Minsker, Jonathan)
June 27, 2023 Opinion or Order Filing 1621 PAPERLESS ORDER imposing deadline for response. Clifford Haines shall have until 5:00 P.M. today, June 27, 2023, to file a response to the Receiver's Expedited Motion to Quash the Subpoena, [ECF No. 1620]. Signed by Judge Rodolfo A. Ruiz, II on 6/27/2023. (pwn)
June 27, 2023 Opinion or Order Reset Deadline per DE#1621 as to #1620 EXPEDITED MOTION to Quash July 23, 2023 Subpoena and for Protective Order. Response due by 6/27/2023. (scn)
June 26, 2023 Opinion or Order Filing 1620 EXPEDITED MOTION to Quash July 23, 2023 Subpoena and for Protective Order by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Subpoena Duces Tecum, #2 Exhibit 2 - Emails Dated June 23, 2023 through June 26, 2023, #3 Exhibit 3 - Proposed order)(Kolaya, Timothy)
June 26, 2023 Opinion or Order Filing 1619 CORRECTED RESPONSE in Opposition re #1598 MOTION to Reimpose Litigation Stay as to Claims Against Eckert Seamans and/or John W. Pauciulo re #1398 Order on Motion for Miscellaneous Relief,, Order on Motion to Intervene,,,,, #141 Order filed by Francis Cassidy, David Gollner, Christopher McMorrow, Mark Nardelli. Replies due by 7/3/2023. (Attachments: #1 Text of Proposed Order Proposed Order)(Minsker, Jonathan) Text Modified on 6/27/2023 (scn).
June 26, 2023 Opinion or Order Filing 1618 ORDER LIFTING STAY OF #1604 AND REIMPOSING ORDER AUTHORIZING RECEIVER'S SALE OF REAL PROPERTY LOCATED AT 568 FERNDALE LANE, HAVERFORD, PA 19041. Signed by Judge Rodolfo A. Ruiz, II on 6/26/2023. See attached document for full details. (pwn)
June 26, 2023 Opinion or Order Filing 1617 RESPONSE in Opposition re #1598 MOTION to Reimpose Litigation Stay as to Claims Against Eckert Seamans and/or John W. Pauciulo re #1398 Order on Motion for Miscellaneous Relief,, Order on Motion to Intervene,,,,, #141 Order filed by Francis Cassidy, David Gollner, Christopher McMorrow, Mark Nardelli. Replies due by 7/3/2023. (Attachments: #1 Text of Proposed Order Proposed Order)(Minsker, Jonathan)
June 26, 2023 Opinion or Order Filing 1616 RESPONSE in Opposition re #1593 MOTION to Intervene and Motion for Leave to Sue Receiver and Incorporated Memorandum of Law (by Non-Party) filed by Ryan K Stumphauzer. Replies due by 7/3/2023. (Attachments: #1 Exhibit 1 - Email Dated August 30, 2022, #2 Exhibit 2 - Email Dated September 22, 2022, #3 Exhibit 3 - Email Dated October 10, 2022)(Kolaya, Timothy)
June 26, 2023 Opinion or Order Filing 1615 RESPONSE in Opposition re #1598 MOTION to Reimpose Litigation Stay as to Claims Against Eckert Seamans and/or John W. Pauciulo re #1398 Order on Motion for Miscellaneous Relief,, Order on Motion to Intervene,,,,, #141 Order filed by Dean J Vagnozzi. Replies due by 7/3/2023. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Text of Proposed Order)(Wolk, William)
June 26, 2023 Opinion or Order Filing 1614 REPLY to Response to Motion re #1602 MOTION for Order Authorizing Receiver's Sale of Real Property Located at 568 Ferndale Lane, Haverford, PA 19041 filed by Ryan K Stumphauzer. (Kolaya, Timothy)
June 26, 2023 Opinion or Order Filing 1613 NOTICE by Ryan K Stumphauzer re #1598 MOTION to Reimpose Litigation Stay as to Claims Against Eckert Seamans and/or John W. Pauciulo re #1398 Order on Motion for Miscellaneous Relief,, Order on Motion to Intervene,,,,, #141 Order - Notice of Scrivener's Error (Kolaya, Timothy)
June 26, 2023 Opinion or Order Attorney William Gregg Wolk representing Vagnozzi, Dean J (Defendant) Activated. (Wolk, William)
June 23, 2023 Opinion or Order Filing 1612 RESPONSE in Opposition re #1602 MOTION for Order Authorizing Receiver's Sale of Real Property Located at 568 Ferndale Lane, Haverford, PA 19041 filed by Joseph W. LaForte, Lisa Mcelhone. Replies due by 6/30/2023. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Kaplan, James)
June 22, 2023 Opinion or Order Filing 1611 PAPERLESS ORDER granting in part #1610 Defendants Joseph LaForte and Lisa McElhone's Motion to Vacate or Stay the Court's Order Authorizing the Receiver's Sale of the Haverford Home. Although the Court notes that 1) the Haverford Home is properly within the Receivership estate and 2) issues regarding the Receiver's ownership and potential sale of the Haverford Home have been previously litigated (with Defendants having been repeatedly heard on this issue), the Court will nevertheless temporarily STAY its Order Authorizing Sale of the Haverford Home [ECF No. 1604] in an abundance of caution and permit Defendants to file their objections on or before Friday June 23, 2023, at 5:00 P.M. Should the Receiver wish, he may file a Reply on or before Monday, June 26, 2023, at 12:00 P.M. Signed by Judge Rodolfo A. Ruiz, II on 6/22/2023. (pwn)
June 22, 2023 Opinion or Order Reset Deadlines per DE#1611: Responses due by 6/23/2023. Replies due by 6/26/2023. (scn)
June 21, 2023 Opinion or Order Filing 1610 Defendant's MOTION to Vacate #1604 Order on Motion for Miscellaneous Relief, by Joseph W. LaForte, Lisa Mcelhone. Responses due by 7/5/2023 (Kaplan, James)
June 21, 2023 Opinion or Order Filing 1609 TRANSCRIPT NOTIFICATION - Transcript(s) ordered on: 6/15/2023 by Andre Raikhelson, Esq. has/have been filed by Court Reporter: Ilona Lupowitz, 305-523-5737 / Ilona_lupowitz@flsd.uscourts.gov re #1589 Notice of Appeal,,. (ilz)
June 21, 2023 Opinion or Order Filing 1608 COURT REPORTER ACKNOWLEDGMENT re #1589 Notice of Appeal,, #1600 Transcript Information Form. Court Reporter: Ilona Lupowitz, 305-523-5737 / Ilona_lupowitz@flsd.uscourts.gov. (ilz)
June 20, 2023 Opinion or Order Filing 1607 RESPONSE in Support re #1598 MOTION to Reimpose Litigation Stay as to Claims Against Eckert Seamans and/or John W. Pauciulo re #1398 Order on Motion for Miscellaneous Relief,, Order on Motion to Intervene,,,,, #141 Order filed by Dennis Melchior, Robert Montgomery. (Kellogg, Jason)
June 20, 2023 Opinion or Order Filing 1606 NOTICE of Attorney Appearance by Jason Kenneth Kellogg on behalf of Dennis Melchior, Robert Montgomery. Attorney Jason Kenneth Kellogg added to party Dennis Melchior(pty:ip), Attorney Jason Kenneth Kellogg added to party Robert Montgomery(pty:ip). (Kellogg, Jason)
June 19, 2023 Opinion or Order Filing 1605 ORDER DENYING #1587 NON-PARTY, FIRSTBANK PUERTO RICO d/b/a FIRSTBANK FLORIDA'S MOTION TO INTERVENE AND RELIEF FROM THE AMENDED ORDER APPOINTING RECEIVER AND (2) GRANTING RECEIVER'S MOTION TO LIFT LITIGATION INJUNCTION TO ALLOW CONTINUATION OF FORECLOSURE PROCEEDINGS INVOLVING PROPERTY LOCATED AT 11278 NW 88TH TERRACE, MIAMI, FL 33178. Signed by Judge Rodolfo A. Ruiz, II on 6/19/2023. See attached document for full details. (pwn)
June 19, 2023 Opinion or Order Filing 1604 ORDER GRANTING #1602 RECEIVER'S MOTION FOR ORDER AUTHORIZING SALE OF REAL PROPERTY LOCATED AT 568 FERNDALE LANE, HAVERFORD, PA 19041. Signed by Judge Rodolfo A. Ruiz, II on 6/19/2023. See attached document for full details. (pwn)
June 19, 2023 Opinion or Order Filing 1603 RESPONSE in Opposition re #1587 MOTION to Intervene AND RELIEF FROM THE AMENDED ORDER APPOINTING RECEIVER AND INCORPORATED MEMORANDUM OF LAW and Receiver's Motion to Lift the Litigation Injunction to Allow Continuation of Foreclosure Proceedings Involving Property Located at 11278 NE 88th Terrace, Miami, Florida 33178 filed by Ryan K Stumphauzer. Replies due by 6/26/2023. (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
June 19, 2023 Opinion or Order Filing 1602 MOTION for Order Authorizing Receiver's Sale of Real Property Located at 568 Ferndale Lane, Haverford, PA 19041 by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Declaration of Ryan K. Stumphauzer, #2 Exhibit 2 - Stipulation to Waive Requirements of 28 U.S.C. 2001 and 28 U.S.C. 2004, #3 Exhibit 3 - Proposed Order)(Kolaya, Timothy)
June 16, 2023 Opinion or Order Filing 1601 ORDER Setting Briefing Schedule on Receiver's Motion [ECF No. 1598]. Signed by Judge Rodolfo A. Ruiz, II on 6/16/2023. See attached document for full details. (pwn)
June 16, 2023 Opinion or Order Filing 1600 TRANSCRIPT INFORMATION FORM by Joseph Cole Barleta re #1589 Notice of Appeal,,. Hearing Transcript transcript(s) ordered. Order placed by Andre G. Raikhelson. Email sent to Court Reporter Coordinator. (Raikhelson, Andre)
June 15, 2023 Opinion or Order Filing 1599 NOTICE of Compliance and Request to Modify Preliminary Injunction Based on Discovery Produced to Receiver by Joseph Cole Barleta re #1586 Contempt Order (Raikhelson, Andre)
June 15, 2023 Opinion or Order Filing 1598 MOTION to Reimpose Litigation Stay as to Claims Against Eckert Seamans and/or John W. Pauciulo re #1398 Order on Motion for Miscellaneous Relief,, Order on Motion to Intervene,,,,, #141 Order by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
June 15, 2023 Opinion or Order Filing 1597 NOTICE by Ryan K Stumphauzer of Intent to Sell Personal Property (Kolaya, Timothy)
June 15, 2023 Opinion or Order Filing 1596 TRANSCRIPT of Show Cause Hearing held on 6/5/2023 before Judge Rodolfo A. Ruiz, II, 1-53 pages, Court Reporter: Ilona Lupowitz, 305-523-5737 / Ilona_lupowitz@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 7/6/2023. Redacted Transcript Deadline set for 7/17/2023. Release of Transcript Restriction set for 9/13/2023. (ilz)
June 14, 2023 Opinion or Order Filing 1595 TRANSCRIPT INFORMATION FORM by Joseph Cole Barleta re #1585 Notice of Interlocutory Appeal,,. No Transcript Requested. (Raikhelson, Andre)
June 13, 2023 Opinion or Order Filing 1594 PAPERLESS ORDER amending location for 1548 Status Conference. The Status Conference on June 29, 2023 at 1:00 P.M. will now take place in Courtroom 11-2, 11th Floor, at the Wilkie D. Ferguson, Jr. United States Courthouse, 400 North Miami Avenue, Miami, Florida 33128. Signed by Judge Rodolfo A. Ruiz, II on 6/13/2023. (pwn)
June 12, 2023 Opinion or Order Filing 1593 MOTION to Intervene and Motion for Leave to Sue Receiver and Incorporated Memorandum of Law (by Non-Party) by Grand Hope Investments, Inc.. Attorney Brad F. Barrios added to party Grand Hope Investments, Inc.(pty:intv). (Attachments: #1 Exhibit A - Assignment to Zenith, #2 Exhibit B - Assignment-Zenith to Eagle Six, #3 Exhibit C - Settlement Agreement, #4 Exhibit D - First American Acceptance, #5 Exhibit E - Complaint (Receiver))(Barrios, Brad)
June 12, 2023 Opinion or Order Filing 1592 Acknowledgment of Receipt of NOA from USCA re #1589 Notice of Appeal, filed by Joseph Cole Barleta. Date received by USCA: 06/12/2023. USCA Case Number: 23-11927-E. (jes)
June 12, 2023 Opinion or Order Filing 1591 Acknowledgment of Receipt of NOA from USCA re #1585 Notice of Appeal, filed by Joseph Cole Barleta. Date received by USCA: 06/09/2023. USCA Case Number: 23-11914-E. (jes) (Main Document 1591 replaced on 6/12/2023) (jes). Modified attachment and relationship on 6/12/2023 (jes).
June 12, 2023 Opinion or Order Filing 1590 Pursuant to 11th Cir. R. 11-2 and 11th Cir. R. 11-3, the Clerk of the District Court for the Southern District of Florida certifies that the record is complete for purposes of this appeal re: #1492 Notice of Appeal, #1494 Notice of Appeal, Appeal No. 23-10228-AA. The entire record on appeal is available electronically. (SEE DE #1523 ). (jes)
June 12, 2023 Opinion or Order Transmission of Notice of Appeal, Order under appeal and Docket Sheet to US Court of Appeals re #1589 Notice of Appeal. Notice has been electronically mailed. (jes)
June 10, 2023 Opinion or Order Filing 1589 Notice of Appeal from Defendant Joseph Cole Barleta as to #1586 Contempt Order by Joseph Cole Barleta. Filing fee $ 505.00 receipt number AFLSDC-16684027. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under All Forms and look for Transcript Order Form #www.flsd.uscourts.gov/forms/all-forms. (Raikhelson, Andre)
June 9, 2023 Opinion or Order Filing 1588 PAPERLESS ORDER requiring response. The Receiver shall file a Response including a proposed order to #1587 FirstBank Puerto Rico d/b/a FirstBank Florida's Motion to Intervene on or before June 20, 2023. Signed by Judge Rodolfo A. Ruiz, II on 6/9/2023. (pwn)
June 9, 2023 Opinion or Order Filing 1587 MOTION to Intervene AND RELIEF FROM THE AMENDED ORDER APPOINTING RECEIVER AND INCORPORATED MEMORANDUM OF LAW by FirstBank Puerto Rico d/b/a FirstBank Florida. Attorney Baris John Okcular added to party FirstBank Puerto Rico d/b/a FirstBank Florida(pty:mov). (Attachments: #1 Exhibit Composite Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit Composite D, #5 Exhibit E)(Okcular, Baris)
June 6, 2023 Opinion or Order Filing 1586 ORDER HOLDING DEFENDANT JOSEPH COLE BARLETA IN CONTEMPT OF COURT. Signed by Judge Rodolfo A. Ruiz, II on 6/6/2023. See attached document for full details. (pwn)
June 5, 2023 Opinion or Order Transmission of Notice of Appeal, Order under appeal and Docket Sheet to US Court of Appeals re #1585 Notice of Interlocutory Appeal. Notice has been electronically mailed. (jes)
June 5, 2023 Opinion or Order Filing 1585 Notice of Interlocutory Appeal Pursuant to 28 U.S. Code 1292(a)(1) as to 1582 Order on Motion for Reconsideration,,,, #1580 Order on Expedited Motion by Joseph Cole Barleta. Filing fee $ 505.00 receipt number AFLSDC-16669479. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under All Forms and look for Transcript Order Form #www.flsd.uscourts.gov/forms/all-forms. (Raikhelson, Andre)
June 5, 2023 Opinion or Order Filing 1584 NOTICE by Ryan K Stumphauzer re #1553 Order on Motion for Order to Show Cause - Notice of Filing Time Records (Attachments: #1 Exhibit 1 - Pietragallo Gordon Alfano Bosick & Raspanti, LLP Time Records, #2 Exhibit Stumphauzer Kolaya Nadler & Sloman, PLLC Time Records) (Kolaya, Timothy)
June 5, 2023 Opinion or Order Filing 1583 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Show Cause Hearing held on 6/5/2023. Attorney Appearance(s): Andre G. Raikhelson, James Miller Kaplan, Alise Meredith Johnson, Timothy Andrew Kolaya, Gaetan J. Alfano, Ryan K. Stumphauzer, Court Reporter: Ilona Lupowitz, 305-523-5737 / Ilona_lupowitz@flsd.uscourts.gov. (gp)
June 4, 2023 Opinion or Order Filing 1582 PAPERLESS ORDER denying #1581 Defendant Joseph Cole Barleta's Motion for Reconsideration ("Motion"). As the Court has told this Defendant numerous times after numerous frivolous motions for reconsideration, "parties cannot file motions for reconsideration that ask the Court to rethink what the Court already thought through rightly or wrongly." Am. Univ. of Caribbean, N.V. v. Carital Healthcare, Inc., No. 08-20374, 2011 WL 13174780, at *1 (S.D. Fla. Mar. 17, 2011) (internal quotation marks omitted) (alterations accepted); see also Farrell v. Flecha, No. 13-22457, 2013 WL 12139327, at *1 (S.D. Fla. July 25, 2013) ("A motion for reconsideration cannot be used to re-litigate old matters...." (citing Arthur v. King, 500 F.3d 1335, 1343 (11th Cir. 2007)). The Court does not find good cause to reconsider its prior ruling and as such, it is hereby ORDERED AND ADJUDGED that the Motion is DENIED. Signed by Judge Rodolfo A. Ruiz, II on 6/4/2023. (pwn) Modified text on 6/5/2023 (gp).
June 4, 2023 Opinion or Order Filing 1581 Defendant's MOTION for Reconsideration re #1580 Order on Expedited Motion by Joseph Cole Barleta. (Raikhelson, Andre)
June 3, 2023 Opinion or Order Filing 1580 ORDER denying #1572 Defendant, Joseph Cole Barleta's, Expedited Motion for Modification and Judicial Relief. Signed by Judge Rodolfo A. Ruiz, II on 6/3/2023. See attached document for full details. (pwn)
June 2, 2023 Opinion or Order Filing 1579 REPLY to Response to Motion re #1572 EXPEDITED MOTION Modify or Clarify Preliminary Injunctive Relief as to Capital Source 2000, Inc. re #202 Order on Motion for Settlement filed by Joseph Cole Barleta. (Raikhelson, Andre)
June 2, 2023 Opinion or Order Filing 1578 RESPONSE in Opposition re #1572 EXPEDITED MOTION Modify or Clarify Preliminary Injunctive Relief as to Capital Source 2000, Inc. re #202 Order on Motion for Settlement and Statement of Position filed by Securities & Exchange Commission. Replies due by 6/9/2023. (Berlin, Amie)
June 2, 2023 Opinion or Order Filing 1577 RESPONSE in Opposition re #1572 EXPEDITED MOTION Modify or Clarify Preliminary Injunctive Relief as to Capital Source 2000, Inc. re #202 Order on Motion for Settlement filed by Ryan K Stumphauzer. Replies due by 6/9/2023. (Kolaya, Timothy)
June 2, 2023 Opinion or Order Filing 1576 Exhibit and Witness List for Evidentiary Hearing on Receiver's Motion for an Order to Show Cause Why Defendant Joseph Cole Barleta Should Not Be Held in Contempt by Ryan K Stumphauzer.. (Kolaya, Timothy)
May 31, 2023 Opinion or Order Filing 1575 PAPERLESS ORDER granting #1574 Unopposed Motion to Allow Defendant Barleta to Appear Via Zoom. Due to alleged restrictions on his ability to travel due to his indictment in the Eastern District of Pennsylvania, [ECF No. 1569], the Court will permit Defendant Joseph Cole Barleta to appear via Zoom at the June 5, 2023 Show Cause hearing. The Court will provide a Zoom link to Defendant Barleta directly. Signed by Judge Rodolfo A. Ruiz, II on 5/31/2023. (pwn)
May 31, 2023 Opinion or Order Filing 1574 Unopposed MOTION to Allow Cole to Appear by Zoom re #1553 Order on Motion for Order to Show Cause by Joseph Cole Barleta. (Attachments: #1 Text of Proposed Order)(Raikhelson, Andre)
May 26, 2023 Opinion or Order Filing 1573 PAPERLESS ORDER requiring expedited briefing. The Receiver shall file a Notice of Position on Defendant Joseph Cole Barleta's Motion [ECF No. 1572] on or before Friday, June 2, 2023. The SEC may also file a Notice of Position by that deadline as well. Signed by Judge Rodolfo A. Ruiz, II on 5/26/2023. (pwn)
May 26, 2023 Opinion or Order Filing 1572 EXPEDITED MOTION Modify or Clarify Preliminary Injunctive Relief as to Capital Source 2000, Inc. re #202 Order on Motion for Settlement by Joseph Cole Barleta. (Attachments: #1 Exhibit A - Proof of Fund Transfer, #2 Exhibit B - Letter to Noteholders Redacted, #3 Exhibit C - Settlement Agreement with Noteholder Redacted, #4 Exhibit D - Alfano's Email to Banker, #5 Exhibit E - Alfano Wishes to Get Statements, #6 Exhibit F - Proof of Account Freeze, #7 Exhibit G - Account Statement)(Raikhelson, Andre)
May 26, 2023 Opinion or Order Filing 1571 PAPERLESS ORDER granting #1570 Motion to Release Sealed Trial Transcripts. The Transcripts are now unsealed and may be purchased on PACER. Signed by Judge Rodolfo A. Ruiz, II on 5/26/2023. (pwn)
May 25, 2023 Opinion or Order Filing 1570 MOTION to Release Sealed Trial Transcripts re #1081 Transcript,, #1082 Redacted Transcript, #1084 Transcript - Corrected, by Michael C Furman. (Hyman, Zachary) Modified Motion Relief on 5/25/2023 (pcs).
May 23, 2023 Opinion or Order Filing 1569 NOTICE by Securities & Exchange Commission of Filing (Attachments: #1 Exhibit Indictment) (Berlin, Amie)
May 18, 2023 Opinion or Order Filing 1568 ORDER GRANTING #1567 RECEIVER'S ELEVENTH APPLICATION FOR ALLOWANCE AND PAYMENT OF PROFESSIONALS' FEES AND REIMBURSEMENT OF EXPENSES FOR JANUARY 1, 2023 MARCH 31, 2023. Signed by Judge Rodolfo A. Ruiz, II, on 5/18/2023. See attached document for full details. (caw)
May 17, 2023 Opinion or Order Filing 1567 MOTION Receiver's Eleventh Application for Allowance and Payment of Professionals' Fees and Reimbursement of Expenses for January 1, 2023 - March 31, 2023 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 Kolaya Nadler & Sloman, 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 Kolaya Nadler & Sloman, 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, #13 Exhibit 5 - Proposed Order)(Kolaya, Timothy)
May 16, 2023 Opinion or Order Filing 1566 PAPERLESS ORDER denying #1565 Motion to Modify the Preliminary Injunction ("Motion"), filed on May 16, 2023. The Motion simply regurgitates and repackages various arguments that Defendants Lisa McElhone and Joseph LaForte have advanced in numerous other motions, all of which the Court has denied. See e.g. [ECF Nos. 1329, 1531, 1557]. This Motion is essentially another motion for reconsideration by another name, and each time, the Court emphasizes that "parties cannot file motions for reconsideration that ask the Court to rethink what the Court already thought throughrightly or wrongly." Am. Univ. of Caribbean, N.V. v. Carital Healthcare, Inc., No. 08-20374, 2011 WL 13174780, at *1 (S.D. Fla. Mar. 17, 2011) (internal quotation marks omitted) (alterations accepted); see also Farrell v. Flecha, No. 13-22457, 2013 WL 12139327, at *1 (S.D. Fla. July 25, 2013) ("A motion for reconsideration cannot be used to re-litigate old matters...." (citing Arthur v. King, 500 F.3d 1335, 1343 (11th Cir. 2007)). The Court does not find good cause to reconsider its prior rulings and as such, it is hereby ORDERED AND ADJUDGED that the Motion is DENIED. Signed by Judge Rodolfo A. Ruiz, II on 5/16/2023. (pwn)
May 16, 2023 Opinion or Order Filing 1565 MOTION to 1) Modify the Preliminary Injunction to Reduce the Asset Freeze 2) Modify the Receivership Orders to Preserve Defendants' Due Process Rights and 3) Return Limited Assets Not Needed to Satisfy the Final Judgment to the Defendants by Joseph W. LaForte, Lisa Mcelhone. (Kaplan, James)
May 7, 2023 Opinion or Order Filing 1564 TRANSCRIPT of Status Conference held on 4/17/2023 before Judge Rodolfo A. Ruiz, II, 1-44 pages, Court Reporter: Ilona Lupowitz, 305-523-5737 / Ilona_lupowitz@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 5/30/2023. Redacted Transcript Deadline set for 6/7/2023. Release of Transcript Restriction set for 8/7/2023. (ilz)
May 2, 2023 Opinion or Order Filing 1563 ORDER DENYING #1557 Defendants Lisa McElhone and Joseph LaForte's Motion for Reconsideration. Signed by Judge Rodolfo A. Ruiz, II on 5/2/2023. See attached document for full details. (pwn)
May 2, 2023 Opinion or Order Filing 1562 Letter from John Vagnozzi re: April 17 Status Hearing (pcs)
May 1, 2023 Opinion or Order Filing 1561 RESPONSE in Opposition re #1557 MOTION for Reconsideration of the Court's Orders Granting the Receiver's Motion to Compel Lisa McElhone and Joseph LaForte to Pay Alleged Obligations or Vacate and Surrender Their Haverford Home and Incorporated Memorandum of Law filed by Ryan K Stumphauzer. Replies due by 5/8/2023. (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
May 1, 2023 Opinion or Order Filing 1560 REPLY to #1554 Response to Order to Show Cause by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Email Chain between B. Schein and G. Alfano dated May 13 through 17, 2022)(Kolaya, Timothy)
May 1, 2023 Opinion or Order Filing 1559 STATUS REPORT - Receiver's Quarterly Status Report Dated May 1, 2023 by Ryan K Stumphauzer (Attachments: #1 Exhibit 1 - DSI Report on Operations)(Kolaya, Timothy)
April 28, 2023 Opinion or Order Filing 1558 PAPERLESS ORDER requiring expediting briefing. The Receiver shall file a Response to Defendants Lisa McElhone and Joseph LaForte's Motion for Reconsideration, [ECF No. 1557], on or before Friday, May 5, 2023. The SEC may file a Notice of Position by that same deadline. No replies will be permitted. Signed by Judge Rodolfo A. Ruiz, II on 4/28/2023. (pwn)
April 28, 2023 Opinion or Order Filing 1557 MOTION for Reconsideration of the Court's Orders Granting the Receiver's Motion to Compel Lisa McElhone and Joseph LaForte to Pay Alleged Obligations or Vacate and Surrender Their Haverford Home and Incorporated Memorandum of Law by Joseph W. LaForte, Lisa Mcelhone. (Kaplan, James)
April 27, 2023 Opinion or Order Filing 1556 ORDER GRANTING MOTION TO WITHDRAW granting #1555 Motion to Withdraw as Attorney. Averil Koenig Andrews representing Lakeport CF, LLC (Movant) withdrawn from case. Signed by Judge Rodolfo A. Ruiz, II on 4/27/2023. See attached document for full details. (pcs)
April 27, 2023 Opinion or Order Filing 1555 MOTION to Withdraw as Attorney and for Removal from Service List by Averil Andrews for / by Lakeport CF, LLC. Responses due by 5/11/2023 (Attachments: #1 Text of Proposed Order)(Andrews, Averil)
April 26, 2023 Opinion or Order Filing 1554 RESPONSE TO ORDER TO SHOW CAUSE re #1553 Order on Motion for Order to Show Cause by Joseph Cole Barleta. (Raikhelson, Andre)
April 25, 2023 Opinion or Order Filing 1553 ORDER granting #1552 Motion for Order to Show Cause. Show Cause Hearing scheduled for June 5, 2023. Signed by Judge Rodolfo A. Ruiz, II on 4/25/2023. See attached document for full details. (pwn)
April 25, 2023 Opinion or Order Show Cause Hearing set for 6/5/2023 10:00 AM in Miami Division before Judge Rodolfo A. Ruiz II per [ECF No. 1553]. (pwn)
April 24, 2023 Opinion or Order Filing 1552 MOTION for Order to Show Cause Why Defendant Joseph Cole Barleta Should Not Be Held in Contempt by Ryan K Stumphauzer. (Kolaya, Timothy)
April 19, 2023 Opinion or Order Filing 1551 ORDER GRANTING #1550 UNOPPOSED MOTION TO WITHDRAW. Jacqueline Zee DerOvanesian representing Stumphauzer, Ryan K (Receiver) withdrawn from case. Signed by Judge Rodolfo A. Ruiz, II, on 4/19/2023. See attached document for full details. (caw)
April 19, 2023 Opinion or Order Filing 1550 MOTION to Withdraw as Attorney by Jacqueline Z. DerOvanesian for / by Ryan K Stumphauzer. Responses due by 5/3/2023 (Attachments: #1 Text of Proposed Order)(DerOvanesian, Jacqueline)
April 17, 2023 Opinion or Order Filing 1549 TRANSCRIPT INFORMATION FORM by Michael C Furman re #1442 Notice of Appeal,,. Trial transcript(s) ordered. Order placed by Zachary P. Hyman. Email sent to Court Reporter Coordinator. (Hyman, Zachary)
April 17, 2023 Opinion or Order Filing 1548 ORDER SETTING STATUS CONFERENCE for Thursday, June 29, 2023, at 1:00 P.M. during which the Court will request that Receiver's Counsel provide an update regarding the progress of the claims administration process, as well as an update regarding collection efforts on behalf of the investors. The Status Conference will take place in-person in Courtroom 4, 10th Floor, at the James Lawrence King Federal Justice Building, 99 N.E. 4th St., Miami, Florida. Signed by Judge Rodolfo A. Ruiz, II on 6/29/2023. (pwn)
April 17, 2023 Opinion or Order Filing 1547 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Status Conference held on 4/17/2023. Attorney Appearance(s): David Lawrence Ferguson, Andre G. Raikhelson, James Miller Kaplan, Alise Meredith Johnson, Timothy Andrew Kolaya, Gaetan J. Alfano, Ryan K. Stumphauzer, Court Reporter: Ilona Lupowitz, 305-523-5737 / Ilona_lupowitz@flsd.uscourts.gov. (gp)
April 14, 2023 Opinion or Order Filing 1546 TRANSCRIPT INFORMATION FORM by Michael C Furman re #1442 Notice of Appeal,,. Trial transcript(s) ordered. Order placed by Zachary P. Hyman. Email sent to Court Reporter Coordinator. (Hyman, Zachary)
April 14, 2023 Opinion or Order Filing 1545 TRANSCRIPT INFORMATION FORM by Michael C Furman re #1442 Notice of Appeal,,. Trial transcript(s) ordered. Order placed by Zachary P. Hyman. Email sent to Court Reporter Coordinator. (Hyman, Zachary)
April 11, 2023 Opinion or Order Filing 1544 ORDER GRANTING #1542 THE RECEIVERS MOTION TO LIFT THE LITIGATION INJUNCTION TO ALLOW COMMENCEMENT OF PROCEEDINGS AGAINST COLORADO SKY INDUSTRIAL SUPPLY, LLC, MILLENNIUM HOLDINGS LIMITED, LLC, CNP OPERATING, LLC, AND ANTHONY ZINGARELLI. Signed by Judge Rodolfo A. Ruiz, II, on 4/11/2023. See attached document for full details. (caw)
April 11, 2023 Opinion or Order Filing 1543 ORDER GRANTING #1541 RECEIVER, RYAN K. STUMPHAUZER'S COMBINED TWENTY-SEVENTH MOTION TO LIFT LITIGATION INJUNCTION AS TO CERTAIN GARNISHMENT PROCEEDINGS AND TO AUTHORIZE RECEIVER TO SETTLE CLAIMS ASSERTED AGAINST THE ESTATE OF RICHARD WELKOWITZ. Signed by Judge Rodolfo A. Ruiz, II on 4/11/2023. See attached document for full details. (caw)
April 10, 2023 Opinion or Order Filing 1542 MOTION to Lift the Litigation Injunction to Allow Commencement of Proceedings Against Colorado Sky Industrial Supply, LLC, Millennium Holdings Limited, LLC, CNP Operating, LLC, and Anthony Zingarelli re #141 Order by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
April 10, 2023 Opinion or Order Filing 1541 MOTION (27th Motion) to Lift Litigation Injunction as to Certain Garnishment Proceedings and to Authorize Receiver to Settle Claims Asserted Against the Estate of Richard Welkowitz re #141 Order by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
March 29, 2023 Opinion or Order Filing 1540 PAPERLESS ORDER denying #1531 Defendants Lisa McElhone and Joseph LaForte's Motion for Entry of an Order Directing that Cash Belonging to Entities Ms. McElhone Owns or Controls Be Credited Towards the Judgment ("Defendants' Motion"). Contrary to Defendants' characterizations, the entities Ms. McElhone purports to "own or control" are Receivership entities actually under the control of the Receiver pursuant to this Court's Orders. See SEC Mot. to Strike [ECF No. 1537] at 12. Moreover, the Receiver has the sole authority to manage the Receivership assets, and the Defendants are enjoined from directly or indirectly taking any action or causing any action to be taken, without the express written agreement of the Receiver. See [ECF No. 141] 29. Defendants did not confer with the Receiver before filing their Motion and the Receiver opposes Defendants' Motion. See [ECF No. 1538]. Defendants shall cease attempts to "hinder, obstruct, or otherwise interfere with the Receiver in the performance of his duties." See [ECF No. 141] 29. Further, Defendants are cautioned that the Court will not hesitate to impose reasonable and appropriate sanctions on Defendants for violations of Court orders or pressing frivolous arguments. See In re Walker, 532 F.3d 1304, 1309 (11th Cir. 2008). Accordingly, it is hereby ORDERED AND ADJUDGED that Defendants' Motion [ECF No. 1531] is DENIED. The SEC's Motion to Strike [ECF No. 1537] is DENIED AS MOOT. Signed by Judge Rodolfo A. Ruiz, II on 3/29/2023. (pwn)
March 28, 2023 Opinion or Order Filing 1539 RESPONSE in Opposition re #1531 Defendant's MOTION For Entry of an Order Directing that Cash Belonging to Entities Ms. McElhone Owns or Controls be Credited Towards the Judgment filed by Securities & Exchange Commission. Replies due by 4/4/2023. (Berlin, Amie)
March 28, 2023 Opinion or Order Filing 1538 RESPONSE to Motion re #1537 Plaintiff's MOTION to Strike #1531 Defendant's MOTION For Entry of an Order Directing that Cash Belonging to Entities Ms. McElhone Owns or Controls be Credited Towards the Judgment , #1531 Defendant's MOTION For Entry of an Order Directing that Cash Belonging to Entities Ms. McElhone Owns or Controls be Credited Towards the Judgment filed by Ryan K Stumphauzer. Replies due by 4/4/2023. (Kolaya, Timothy)
March 28, 2023 Opinion or Order Filing 1537 Plaintiff's MOTION to Strike #1531 Defendant's MOTION For Entry of an Order Directing that Cash Belonging to Entities Ms. McElhone Owns or Controls be Credited Towards the Judgment by Securities & Exchange Commission. Responses due by 4/11/2023 (Berlin, Amie)
March 24, 2023 Opinion or Order Filing 1536 ORDER on The Receiver's Status Report Regarding Whether Litigation Stay Should Remain in Place for Receiver's Claims Against Eckert Seamans and/or John Pauciulo [ECF No. 1534]. Signed by Judge Rodolfo A. Ruiz, II on 3/24/2023. See attached document for full details. (pwn)
March 24, 2023 Opinion or Order Filing 1535 PAPERLESS ORDER requiring the SEC to respond to Defendants Lisa McElhone and Joseph LaForte's Motion for Entry of an Order Directing that Cash Belonging to Entities Ms. McElhone Owns or Controls Be Credited Towards the Judgment, [ECF No. 1531] ("Motion"). The SEC shall file a Response to the Motion on or before March 28, 2023 indicating whether it opposes the requested relief. The Receiver may also file a notice of position by that deadline if necessary. Signed by Judge Rodolfo A. Ruiz, II on 3/24/2023. (zse)
March 24, 2023 Opinion or Order Filing 1534 STATUS REPORT Regarding Whether Litigation Stay Should Remain in Place as to Receiver's Claims Against Eckert Seamans and John Pauciulo by Ryan K Stumphauzer (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
March 24, 2023 Opinion or Order Filing 1533 PAPERLESS ORDER granting #1532 Motion to Continue Status Conference. The Status Conference [ECF No. 1520] previously scheduled for April 10, 2023, will now be held in-person on April 17, 2023 at 10:00 A.M. Signed by Judge Rodolfo A. Ruiz, II on 3/24/2023. (pwn)
March 20, 2023 Opinion or Order Filing 1532 MOTION to Continue Status Conference on April 10, 2023 re 1520 Order Setting Status Conference,,, by Ryan K Stumphauzer. Responses due by 4/3/2023 (Kolaya, Timothy)
March 17, 2023 Opinion or Order Filing 1531 Defendant's MOTION For Entry of an Order Directing that Cash Belonging to Entities Ms. McElhone Owns or Controls be Credited Towards the Judgment by Joseph W. LaForte, Lisa Mcelhone. (Kaplan, James)
March 16, 2023 Opinion or Order Filing 1530 ORDER denying #1527 Expedited Motion to Lift Litigation Stay. Signed by Judge Rodolfo A. Ruiz, II on 3/16/2023. See attached document for full details. (pwn)
March 15, 2023 Opinion or Order Filing 1529 RESPONSE in Opposition re #1527 Third Party EMERGENCY MOTION with Certification of Emergency included filed by Ryan K Stumphauzer. Attorney Ryan K. Stumphauzer added to party Ryan K Stumphauzer(pty:rc). Replies due by 3/22/2023. (Attachments: #1 Exhibit 1- Proposed Order)(Stumphauzer, Ryan)
March 12, 2023 Opinion or Order Filing 1528 PAPERLESS ORDER on #1527 Expedited Motion for Lift of Litigation Stay and Other Relief by Non-Party Movants ("Motion"). The Receiver shall file a Response to this Motion on or before Wednesday, March 15, 2023 by 12:00 P.M. EST. The SEC may also file a Notice of Position by this same deadline. Signed by Judge Rodolfo A. Ruiz, II on 3/12/2023. (pwn)
March 10, 2023 Opinion or Order Filing 1527 Third Party EMERGENCY MOTION with Certification of Emergency included by Keersten H Martinez, Giane Wolfe, TourMappers NorthAmerica LLC, Julie Paula Katz, Fleetwood Services LLC, Robert Fleetwood, Pamela Fleetwood, Gex Management Inc, Carl Dorvil, Kara Dipietro, MH Marketing Solutions Group Inc, Michael Heller, Sunrooms Group Inc, Michael Joseph Foti, Petropangea Inc, Johnny Harrison, Sr, Sean Whalen, Iris Chen Yngyin, Radiant Images Inc, Sunrooms America Inc. Responses due by 3/24/2023 (Attachments: #1 Text of Proposed Order Proposed Order Re Lift Stay Relief, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4, #6 Exhibit Exhibit 5, #7 Exhibit Exhibit 6, #8 Exhibit Exhibit 7, #9 Exhibit Exhibit 8, #10 Exhibit Exhibit 9, #11 Exhibit Exhibit 10, #12 Exhibit Exhibit 11, #13 Exhibit Exhibit 12, #14 Exhibit Exhibit 13, #15 Exhibit Exhibit 14, #16 Exhibit Exhibit 15, #17 Exhibit Exhibit 16, #18 Exhibit Exhibit 17, #19 Exhibit Exhibit 18, #20 Exhibit Exhibit 19, #21 Exhibit Exhibit 20, #22 Exhibit Exhibit 21, #23 Exhibit Exhibit 22, #24 Exhibit Exhibit 23, #25 Exhibit Exhibit 24, #26 Exhibit Exhibit 25, #27 Exhibit Exhibit 26, #28 Exhibit Exhibit 27)(Heskin, Keersten)
March 10, 2023 Opinion or Order Filing 1526 Acknowledgment of Receipt of ROA from USCA re #1439 Notice of Appeal, filed by Joseph Cole Barleta. Date received by USCA: 03/10/2023. Record on Appeal filed. Exhibit 1 Envelope - DE #1121 - USB drive, containing Sealed Exhibits P-113, P-124, P-126 and P-143, P-326, P-327 USCA Case Number: 22-13811-CC. (jes)
March 8, 2023 Opinion or Order Filing 1525 ORDER granting #1524 Directing Turnover and Credit of Certain Assets. Signed by Judge Rodolfo A. Ruiz, II on 3/8/2023. See attached document for full details. (pwn)
March 8, 2023 Opinion or Order Filing 1524 MOTION DIRECTING TURNOVER AND CREDIT OF CERTAIN ASSETS by Securities & Exchange Commission. (Attachments: #1 Exhibit STIPULATION, #2 Text of Proposed Order)(Roessner, Michael)
March 7, 2023 Opinion or Order Filing 1523 Certified and Transmitted Record on Appeal to US Court of Appeals (ATLANTA OFFICE) consisting of DE #1121 - USB drive, containing Sealed Exhibits P-113, P-124, P-126 and P-143, P-326, P-327 re #1439 Notice of Appeal. USCA # 22-13811-CC. (jes)
March 7, 2023 Opinion or Order Filing 1522 TRANSCRIPT of Status Conference - Via Videoconference held on 2/28/2023 before Judge Rodolfo A. Ruiz, II, 1-30 pages, Court Reporter: Ilona Lupowitz, 305-523-5737 / Ilona_lupowitz@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 3/28/2023. Redacted Transcript Deadline set for 4/7/2023. Release of Transcript Restriction set for 6/5/2023. (ilz)
March 7, 2023 Opinion or Order Filing 1521 Pursuant to 11th Cir. R. 11-2 and 11th Cir. R. 11-3, the Clerk of the District Court for the Southern District of Florida certifies that the record is complete for purposes of this appeal re #1439 Notice of Appeal, Appeal No. 22-13811-CC. The record on appeal is available electronically with the exception of: DE #1121 - USB drive, consisting of Sealed Exhibits P-113, P-124, P-126 and P-143, P-326, P-327 which are being forwarded via ground mail to the 11th Circuit Court of Appeals. (jes)
March 6, 2023 Opinion or Order Filing 1520 ORDER SETTING STATUS CONFERENCE for Monday, April 10, 2023, at 10:00 A.M. during which the Court will request that Receiver's Counsel provide an update regarding the progress of the claims administration process, as well as an update regarding collection efforts on behalf of the investors. In light of the Notice filed by the Securities and Exchange Commission [ECF No. 1519] informing this Court of the criminal complaint styled U.S. v. James LaForte, Case No. 2:23-mj-00464, in the Eastern District of Pennsylvania, future status conferences in this matter will be conducted in-person in the Southern District of Florida to ensure the safety of all counsel in this matter. Accordingly, the status conference set for April 10, 2023 at 10:00 A.M. will take place in Courtroom 4, 10th Floor, at the James Lawrence King Federal Justice Building, 99 N.E. 4th St., Miami, Florida. Signed by Judge Rodolfo A. Ruiz, II on 4/10/2023. (pwn)
March 6, 2023 Opinion or Order Filing 1519 NOTICE by Securities & Exchange Commission of Filing re: U.S. v. James LaForte (Berlin, Amie)
March 3, 2023 Opinion or Order Filing 1518 PAPERLESS ORDER denying #1516 Joseph LaForte and Lisa McElhone's Motion for a Two-Week Enlargement of Time to Comply with the Court's Haverford Home Orders. The Court does not find good cause to grant Defendants an extension and instructs Defendants to comply with the Court's Orders in a timely manner. Signed by Judge Rodolfo A. Ruiz, II on 3/3/2023. (zse)
March 3, 2023 Opinion or Order Filing 1517 RESPONSE in Opposition re #1516 MOTION for Extension of Time to Comply with the Court's Haverford Home Orders re #1503 Order, #1486 Order on Motion for Miscellaneous Relief, MOTION OPPOSING DEFENDANTS" MOTION TO AMEND THE COURT'S ORDERS filed by Securities & Exchange Commission. Replies due by 3/10/2023. (Berlin, Amie)
March 3, 2023 Opinion or Order Filing 1516 MOTION for Extension of Time to Comply with the Court's Haverford Home Orders re #1503 Order, #1486 Order on Motion for Miscellaneous Relief, by Joseph W. LaForte, Lisa Mcelhone. Responses due by 3/17/2023 (Kaplan, James)
February 28, 2023 Opinion or Order Filing 1515 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Zoom Status Conference held on 2/28/2023. Attorney Appearance(s): David Lawrence Ferguson, Andre G. Raikhelson, James Miller Kaplan, Alan S. Futerfas, Amie Riggle Berlin, Timothy Andrew Kolaya, Gaetan J. Alfano, Court Reporter: Ilona Lupowitz, 305-523-5737 / Ilona_lupowitz@flsd.uscourts.gov. (gp)
February 28, 2023 Opinion or Order Filing 1514 ORDER granting #1512 Defendant Joseph Cole Barleta's Unopposed Motion to Release Capital Source 2000 from the Receivership. Signed by Judge Rodolfo A. Ruiz, II on 2/28/2023. See attached document for full details. (pwn)
February 27, 2023 Opinion or Order Filing 1513 NOTICE by Joseph Cole Barleta re #1512 Unopposed MOTION Release Capital Source 2000 From the Receivership (Raikhelson, Andre)
February 27, 2023 Opinion or Order Filing 1512 Unopposed MOTION Release Capital Source 2000 From the Receivership by Joseph Cole Barleta. (Attachments: #1 Text of Proposed Order, #2 Exhibit A - Barleta's Sworn Declaration)(Raikhelson, Andre)
February 27, 2023 Opinion or Order Filing 1511 PAPERLESS ORDER on 1489 . The parties are instructed to use the following Zoom link for the Status Conference.https://www.zoomgov.com/j/1619666946?pwd=eld5c29zeldQRFFjUDhDQkx4Rzd3Zz09Meeting ID: 161 966 6946Passcode: 872384 Signed by Judge Rodolfo A. Ruiz, II on 2/27/2023. (pwn)
February 18, 2023 Opinion or Order Filing 1510 ORDER granting #1509 Receiver Ryan K. Stumphauzer's Tenth Application for Allowance and Payment of Professionals' Fees and Reimbursement of Expenses for October 1, 2022 - December 31, 2022. Signed by Judge Rodolfo A. Ruiz, II on 2/18/2023. See attached document for full details. (pwn)
February 17, 2023 Opinion or Order Filing 1509 MOTION Receiver's Tenth Application for Allowance and Payment of Professionals' Fees and Reimbursement of Expenses for October 1, 2022 - December 31, 2022 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 Kolaya Nadler & Sloman, 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 Kolaya Nadler & Sloman, 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, #13 Exhibit 5 - Proposed Order)(Kolaya, Timothy)
February 14, 2023 Opinion or Order Filing 1508 NOTICE of Attorney Appearance by Michael J. Roessner on behalf of Securities & Exchange Commission. Attorney Michael J. Roessner added to party Securities & Exchange Commission(pty:pla). (Roessner, Michael)
February 3, 2023 Opinion or Order Filing 1507 TRANSCRIPT INFORMATION FORM by Joseph W. LaForte re #1494 Notice of Appeal,,. No Transcript Requested. (Ferguson, David)
February 3, 2023 Opinion or Order Filing 1506 TRANSCRIPT INFORMATION FORM by Lisa Mcelhone re #1492 Notice of Appeal,,. No Transcript Requested. (Kaplan, James)
February 2, 2023 Opinion or Order Filing 1505 TRANSCRIPT of Status Conference - Via Videoconference held on 1/11/2023 before Judge Rodolfo A. Ruiz, II, 1-69 pages, Court Reporter: Ilona Lupowitz, 305-523-5737 / Ilona_lupowitz@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 2/23/2023. Redacted Transcript Deadline set for 3/6/2023. Release of Transcript Restriction set for 5/3/2023. (ilz)
January 31, 2023 Opinion or Order Filing 1504 STATUS REPORT - Receiver's Quarterly Status Report Dated January 31, 2023 by Ryan K Stumphauzer (Attachments: #1 Exhibit 1 - Report from DSI Regarding Operations)(Kolaya, Timothy)
January 31, 2023 Opinion or Order Filing 1503 ORDER Lifting the STAY on the Court's Haverford Home Order. See [ECF Nos. 1488, 1486]. Signed by Judge Rodolfo A. Ruiz, II on 1/31/2023. See attached document for full details. (pwn)
January 27, 2023 Opinion or Order Filing 1502 ORDER denying #1460 Defendant Joseph Cole Barleta's Motion to Stay Execution of Judgment Pending Appeal. Signed by Judge Rodolfo A. Ruiz, II on 1/27/2023. See attached document for full details. (pwn)
January 27, 2023 Opinion or Order Filing 1501 REPLY to Response to Motion re #1484 MOTION for Order: (1) Authorizing Receivers Sale of All Real Property Within the Receivership Estate; and (2) Compelling Lisa McElhone and Joseph LaForte to Vacate and Surrender Haverford Home or, in the Alternative, Pay Obligations for Single-Family filed by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Email from A. Futerfas, #2 Exhibit 2 - Email from D. Ferguson)(Kolaya, Timothy)
January 26, 2023 Opinion or Order Filing 1500 Acknowledgment of Receipt of NOA from USCA re #1494 Notice of Appeal, filed by Joseph W. LaForte. Date received by USCA: 1/20/2023. USCA Case Number: 23-10228-A. (apz)
January 26, 2023 Opinion or Order Filing 1499 Acknowledgment of Receipt of NOA from USCA re #1492 Notice of Appeal, filed by Lisa Mcelhone. Date received by USCA: 1/20/2023. USCA Case Number: 23-10228-A. (apz)
January 23, 2023 Opinion or Order Filing 1498 PAPERLESS ORDER on #1496 Receiver's Status Report Regarding Eckert Seamans and/or John Pauciulo ("Status Report"). The Court having reviewed the Status Report, the record, and being otherwise fully advised, it is hereby ORDERED AND ADJUDGED that the litigation stay shall remain in place for any action or claims between any Receivership Entity and Eckert Seamans and/or John W. Pauciulo so that the Receiver may continue settlement negotiations with these parties without the necessity of pursuing expensive and time-consuming litigation. Moreover, by March 24, 2023, the Receiver shall either (a) file a Status Report indicating that he has resolved the Receivership Entities' claims against Eckert Seamans and/or John Pauciulo, or advising the Court on the Status of these negotiations; or (b) file a Motion to Lift the Litigation Stay to pursue claims against Eckert Seamans Cherin & Mellott, LLC and/or John W. Pauciulo. Signed by Judge Rodolfo A. Ruiz, II on 1/23/2023. (pwn)
January 23, 2023 Opinion or Order Filing 1497 RESPONSE in Opposition re #1484 MOTION for Order: (1) Authorizing Receivers Sale of All Real Property Within the Receivership Estate; and (2) Compelling Lisa McElhone and Joseph LaForte to Vacate and Surrender Haverford Home or, in the Alternative, Pay Obligations for Single-Family MEMORANDUM of Law In Opposition filed by Joseph W. LaForte, Lisa Mcelhone. Replies due by 1/30/2023. (Attachments: #1 Exhibit A)(Kaplan, James)
January 20, 2023 Opinion or Order Filing 1496 STATUS REPORT Regarding Whether Litigation Stay Should Remain in Place for Receiver's Claims Against Eckert Seamans and/or John Pauciulo by Ryan K Stumphauzer (Kolaya, Timothy)
January 20, 2023 Opinion or Order Filing 1495 PAPERLESS ORDER granting #1493 Defendants' Motion for an Enlargement of Time to File Their Opposition to the Receiver's Motion [ECF No. 1484]. Defendants shall file their Opposition on or before January 23, 2023. Signed by Judge Rodolfo A. Ruiz, II on 1/20/2023. (pwn)
January 20, 2023 Opinion or Order Filing 1494 Notice of Appeal as to #1450 Amended Order, 1292 Minute Order,,, Discovery Hearing,, #436 Order on Motion for Miscellaneous Relief, #1451 Amended Order by Joseph W. LaForte. Filing fee $ 505.00 receipt number AFLSDC-16255417. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under All Forms and look for Transcript Order Form #www.flsd.uscourts.gov/forms/all-forms. (Ferguson, David)
January 20, 2023 Opinion or Order Filing 1493 MOTION for Extension of Time for a One-Day Enlargement of Time to file Their Opposition to the Receiver's Motion [ECF No. 1484] re #1484 MOTION for Order: (1) Authorizing Receivers Sale of All Real Property Within the Receivership Estate; and (2) Compelling Lisa McElhone and Joseph LaForte to Vacate and Surrender Haverford Home or, in the Alternative, Pay Obligations for Single-Family by Joseph W. LaForte, Lisa Mcelhone. Responses due by 2/3/2023 (Kaplan, James)
January 20, 2023 Opinion or Order Filing 1492 Notice of Appeal as to #1450 Amended Order, 1292 Minute Order,,, Discovery Hearing,, #436 Order on Motion for Miscellaneous Relief, #1451 Amended Order by Lisa Mcelhone. Filing fee $ 505.00 receipt number AFLSDC-16254309. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under All Forms and look for Transcript Order Form #www.flsd.uscourts.gov/forms/all-forms. (Kaplan, James)
January 20, 2023 Opinion or Order Transmission of Notice of Appeal, Orders under appeal and Docket Sheet to US Court of Appeals re #1494 Notice of Appeal. Notice has been electronically mailed. (jes)
January 20, 2023 Opinion or Order Transmission of Notice of Appeal, Orders under appeal and Docket Sheet to US Court of Appeals re #1492 Notice of Appeal. Notice has been electronically mailed. (jes)
January 17, 2023 Opinion or Order Filing 1491 REPLY to Response to Motion re #1460 Defendant's MOTION to Stay Pending Appeal and Approval of Supersedeas Bond filed by Joseph Cole Barleta. (Raikhelson, Andre)
January 16, 2023 Opinion or Order Filing 1490 ORDER denying #1468 Motion for Order to Show Cause. Signed by Judge Rodolfo A. Ruiz, II on 1/15/2023. See attached document for full details. (pwn)
January 11, 2023 Opinion or Order Filing 1489 PAPERLESS ORDER setting Status Conference via Zoom on Tuesday, February 28, 2023 at 2:00 P.M. during which the Court will request the Parties to provide an update regarding the progress of the claims administration process. The Court will publish the Zoom link at least 24 hours before the scheduled conference. Signed by Judge Rodolfo A. Ruiz, II on 1/11/2023. (pwn)
January 11, 2023 Opinion or Order Filing 1488 PAPERLESS ORDER granting Defendant Lisa McElhone's ore tenus motion to stay Order Granting Receiver's Motion to Authorize the Sale of Real Property Within the Receivership Estate and Compel Lisa McElhone and Joseph LaForte to Vacate Haverford Home or Pay Obligations [ECF No. 1486] ("Haverford Home Order") made during the January 11, 2023 Status Conference [ECF No. 1487]. Defendant Lisa McElhone shall file an Opposition to the Receiver's Motion [ECF No. 1484] on or before January 20, 2023. The Receiver shall file a Reply on or before January 27, 2023. The SEC may file a Notice of Position on or before January 27, 2023. It is hereby ORDERED AND ADJUDGED that #1486 the Haverford Home Order is STAYED until further notice. Signed by Judge Rodolfo A. Ruiz, II on 1/11/2023. (pwn)
January 11, 2023 Opinion or Order Filing 1487 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Zoom Status Conference held on 1/11/2023. Attorney Appearance(s): David Lawrence Ferguson, Andre G. Raikhelson, James Miller Kaplan, Alan S. Futerfas, Noah Elliot Snyder, Amie Riggle Berlin, Timothy Andrew Kolaya, Gaetan J. Alfano, Court Reporter: Ilona Lupowitz, 954-769-5568 / Ilona_lupowitz@flsd.uscourts.gov. (gp)
January 10, 2023 Opinion or Order Filing 1486 ORDER granting #1484 RECEIVER'S MOTION FOR ORDER: (1) AUTHORIZING RECEIVER'S SALE OF ALL REAL PROPERTY WITHIN THE RECEIVERSHIP ESTATE; AND (2) COMPELLING LISA MCELHONE AND JOSEPH LAFORTE TO VACATE AND SURRENDER HAVERFORD HOME OR, IN THE ALTERNATIVE, PAY OBLIGATIONS FOR SINGLE-FAMILY HOMES. Signed by Judge Rodolfo A. Ruiz, II on 1/10/2023. See attached document for full details. (pwn)
January 10, 2023 Opinion or Order Filing 1485 ORDER granting #1483 RECEIVERS MOTION TO APPROVE AMENDED INVESTOR SUPPLEMENT TO PROOF OF CLAIM FORM. Signed by Judge Rodolfo A. Ruiz, II on 1/10/2023. See attached document for full details. (pwn)
January 10, 2023 Opinion or Order Filing 1484 MOTION for Order: (1) Authorizing Receivers Sale of All Real Property Within the Receivership Estate; and (2) Compelling Lisa McElhone and Joseph LaForte to Vacate and Surrender Haverford Home or, in the Alternative, Pay Obligations for Single-Family Homes by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Summary of Unpaid Expenses for Single-Family Homes, #2 Exhibit 2 - Proposed Order)(Kolaya, Timothy)
January 10, 2023 Opinion or Order Filing 1483 MOTION to Amend/Correct #1471 Order on Motion for Miscellaneous Relief, - Motion to Approve Amended Investor Supplement to Proof of Claim Form by Ryan K Stumphauzer. Responses due by 1/24/2023 (Attachments: #1 Exhibit 1 - Amended Investor Supplement to Proof of Claim, #2 Exhibit 2 - Proposed Order)(Kolaya, Timothy)
January 9, 2023 Opinion or Order Filing 1482 RESPONSE in Opposition re #1460 Defendant's MOTION to Stay Pending Appeal and Approval of Supersedeas Bond filed by Securities & Exchange Commission. Replies due by 1/17/2023. (Berlin, Amie)
January 6, 2023 Opinion or Order Filing 1479 REPLY to Response to Motion re #1468 MOTION for Order to Show Cause Why The United States Attorney for the Eastern District of Pennsylvania Should Not Be Held In Contempt or, in the Alternative, Motion for An Order Directing the United States Attorney for the Eastern District of Penns filed by Joseph W. LaForte, Lisa Mcelhone. (Kaplan, James)
January 5, 2023 Opinion or Order Filing 1481 ORDER (1) DENYING #1469 NON-PARTY LAKEPORT CF, LLC'S MOTION FOR RELIEF FROM THE LITIGATION STAY #141 TO PURSUE ADVERSARY COMPLAINT AND PLAN CONFIRMATION IN IN RE LAKEPORT, CASE NO. 22-11941-MER, BANKRUPTCY COURT IN AND FOR THE DISTRICT OF COLORADO, AND (2) GRANTING #1478 RECEIVER'S MOTION TO LIFT LITIGATION INJUNCTION TO ALLOW COMMENCEMENT OF PROCEEDINGS INVOLVING LAKEPORT CF, LLC. Signed by Judge Rodolfo A. Ruiz, II on 1/5/2023. See attached document for full details. (caw)
January 4, 2023 Opinion or Order Filing 1480 ORDER GRANTING #1477 RECEIVER'S COMBINED TWENTY-SIXTH MOTION TO LIFT LITIGATION INJUNCTION AS TO CERTAIN GARNISHMENT PROCEEDINGS, AND MOTION TO LIFT LITIGATION INJUNCTION TO AUTHORIZE NEWREZ LLC TO PROCEED WITH CERTAIN FORECLOSURE ACTION IN OHIO STATE COURT. Signed by Judge Rodolfo A. Ruiz, II on 1/4/2023. See attached document for full details. (caw)
January 4, 2023 Opinion or Order Filing 1478 RESPONSE in Opposition re #1469 MOTION for Relief from Litigation Stay to Pursue Adversary Complaint and Plan Confirmation in In Re: Lakeport Bankruptcy Case re #141 Order and Receiver's Motion to Lift the Litigation Injunction to Allow Commencement of Proceedings Involving Non-Party Lakeport CF, LLC filed by Ryan K Stumphauzer. Replies due by 1/11/2023. (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
January 3, 2023 Opinion or Order Filing 1477 MOTION to Lift Litigation Injunction as to Certain Garnishment Proceedings (26th Motion), and Motion to Lift Litigation Injunction to Allow Newrez LLC to Proceed with Certain Foreclosure Action in Ohio State Court re #141 Order by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
December 31, 2022 Opinion or Order Filing 1476 PAPERLESS ORDER granting #1475 Joseph LaForte and Lisa McElhone's Motion for an Extension of Time to File a Reply to the SEC's "Notice of Filing Position." Defendants shall file their Reply on or before January 9, 2023. Signed by Judge Rodolfo A. Ruiz, II on 12/31/2022. (pwn)
December 30, 2022 Opinion or Order Filing 1475 First MOTION for Extension of Time to Reply SEC's Notice of Filing Position by Joseph W. LaForte, Lisa Mcelhone. Responses due by 1/13/2023 (Harwood, Susan)
December 29, 2022 Opinion or Order Set/Reset Deadlines/Hearings per order de#1474 as to #1460 Defendant's MOTION to Stay Pending Appeal and Approval of Supersedeas Bond. Responses due by 1/9/2023 (drz)
December 28, 2022 Opinion or Order Filing 1474 PAPERLESS ORDER granting #1473 Plaintiff Securities and Exchange Commission's Agreed Motion for Extension of Time to File a Response to Defendant Joseph Cole Barleta's Motion for Stay Pending Appeal. Plaintiff shall file its response on or before January 9, 2023. Signed by Judge Rodolfo A. Ruiz, II on 12/28/2022. (pw)
December 27, 2022 Opinion or Order Filing 1473 Agreed MOTION for Extension of Time to file Response to Defendant Barleta' Motion to Stay re #1460 Defendant's MOTION to Stay Pending Appeal and Approval of Supersedeas Bond by Securities & Exchange Commission. Responses due by 1/10/2023 (Attachments: #1 Text of Proposed Order Proposed Order)(Berlin, Amie)
December 23, 2022 Opinion or Order Filing 1472 NOTICE by Securities & Exchange Commission re #1468 MOTION for Order to Show Cause Why The United States Attorney for the Eastern District of Pennsylvania Should Not Be Held In Contempt or, in the Alternative, Motion for An Order Directing the United States Attorney for the Eastern District of Penns (Berlin, Amie)
December 23, 2022 Opinion or Order Filing 1471 ORDER granting #1467 Motion to Establish and Approve: (1) Proof of Claim Form; (2) Claims Bar Date and Notice Procedures; and (3) Procedure to Administer and Determine Claims. Signed by Judge Rodolfo A. Ruiz, II on 12/23/2022. See attached document for full details. (pw)
December 23, 2022 Opinion or Order Filing 1470 PAPERLESS ORDER on #1469 Motion for Relief from Litigation Stay. The Receiver is instructed to file a response stating his position on this matter on or before January 4, 2023. Signed by Judge Rodolfo A. Ruiz, II on 12/23/2022. (pw)
December 23, 2022 Opinion or Order Filing 1469 MOTION for Relief from Litigation Stay to Pursue Adversary Complaint and Plan Confirmation in In Re: Lakeport Bankruptcy Case re #141 Order by Lakeport CF, LLC. Attorney Averil Koenig Andrews added to party Lakeport CF, LLC(pty:mov). (Attachments: #1 Exhibit Ex 1, Complaint, #2 Exhibit Ex 2, CBSG Deed of Trust, #3 Exhibit Ex 3, Security Agreement, #4 Exhibit Ex 4, Payoff Letter, #5 Exhibit Ex 5, Settlement Statement, #6 Exhibit Ex 6, Release, #7 Exhibit Ex 7, Conferral, #8 Exhibit Ex 8, Conferral, #9 Text of Proposed Order Proposed Order)(Andrews, Averil)
December 23, 2022 Opinion or Order Filing 1468 MOTION for Order to Show Cause Why The United States Attorney for the Eastern District of Pennsylvania Should Not Be Held In Contempt or, in the Alternative, Motion for An Order Directing the United States Attorney for the Eastern District of Pennsylvania to Turn Over Possession of Certain Assets to the Receiver by Joseph W. LaForte, Lisa Mcelhone. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Kaplan, James)
December 21, 2022 Opinion or Order Filing 1467 MOTION to Establish and Approve: (1) Proof of Claim Form; (2) Claims Bar Date and Notice Procedures; and (3) Procedure to Administer and Determine Claims by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Proof of Claim Form, #2 Exhibit 2 - Direct Notice, #3 Exhibit 3 - Notice by Publication, #4 Exhibit 4 - Proposed Order)(Kolaya, Timothy)
December 20, 2022 Opinion or Order Filing 1466 COURT REPORTER ACKNOWLEDGMENT re #1459 Transcript Information Form, #1442 Notice of Appeal,,. Court Reporter: Ilona Lupowitz, 954-769-5568 / Ilona_lupowitz@flsd.uscourts.gov. Arrangements not made for payment. (ilz)
December 19, 2022 Opinion or Order Filing 1465 PAPERLESS ORDER on Receiver, Ryan K. Stumphauzer's Motion for Extension of Time to File, and for Leave to Exceed Page Limitation on, Motion to Establish and Approve: (1) Proof of Claim Form; (2) Claims Bar Date and Notice Procedures; and (3) Procedure to Administer and Determine Claims (Motion). It is hereby ORDERED AND ADJUDGED that #1463 the Motion is GRANTED. The deadline for the Receiver to file the Motion to Establish and Approve: (1) Proof of Claim Form; (2) Claims Bar Date and Notice Procedures; and (3) Procedure to Administer and Determine Claims is extended to Wednesday, December 21, 2022. Further, the Receiver is authorized to file a 25-page Motion to Establish and Approve: (1) Proof of Claim Form; (2) Claims Bar Date and Notice Procedures; and (3) Procedure to Administer and Determine Claims. Signed by Judge Rodolfo A. Ruiz, II on 12/19/2022. (pw)
December 19, 2022 Opinion or Order Filing 1464 TRANSCRIPT INFORMATION FORM by Joseph Cole Barleta re #1439 Notice of Appeal,,. No Transcript Requested. (Attachments: #1 Transcripts May 19, 2022 Transcript, #2 Transcripts September 22, 2022 Transcript, #3 Transcripts August 25, 2022 Transcript)(Raikhelson, Andre)
December 16, 2022 Opinion or Order Filing 1463 MOTION for Extension of Time to File, and for Leave to Exceed Page Limitation on, Motion to Establish and Approve: (1) Proof of Claim Form; (2) Claims Bar Date and Notice Procedures; and (3) Procedure to Administer and Determine Claims re #1454 Scheduling Order ( Responses due by 12/30/2022), MOTION for Leave to File Excess Pages by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
December 15, 2022 Opinion or Order Filing 1462 Letter to Judge from John Vagnozzi (pcs)
December 13, 2022 Opinion or Order Filing 1461 TRANSCRIPT NOTIFICATION - Transcript(s) ordered on: 12/06/22 by Zachary Hyman, Esq. has/have been filed by Court Reporter: Tammy Nestor, 202-354-3127 / Tammy_Nestor@dcd.uscourts.gov re #1459 Transcript Information Form. (Nestor, Tammy) (Main Document 1461 replaced on 12/13/2022) (jes).
December 7, 2022 Opinion or Order Filing 1460 Defendant's MOTION to Stay Pending Appeal and Approval of Supersedeas Bond by Joseph Cole Barleta. Responses due by 12/21/2022 (Attachments: #1 Exhibit A - Deposition Transcript of Joe Cole Barleta, #2 Exhibit B - Capital Source 2000, Inc. Balance Sheet from December 31, 2020 created on October 28, 2022 by Receiver, #3 Exhibit C - Note Purchase Agreement, #4 Exhibit D - Rutledge Email Regarding Note Purchase Agreement, #5 Exhibit E - Advice of Counsel Investor Communications, #6 Exhibit F - ALB Consulting Agreement)(Raikhelson, Andre)
December 6, 2022 Opinion or Order Filing 1459 TRANSCRIPT INFORMATION FORM by Michael C Furman re #1442 Notice of Appeal,,. Pre-Trial Proceedings transcript(s) ordered. Order placed by Zachary P. Hyman. Email sent to Court Reporter Coordinator. (Hyman, Zachary)
December 6, 2022 Opinion or Order Filing 1458 PAPERLESS ORDER granting #1457 Defendant Joseph Cole Barleta's Unopposed Motion for Leave to Exceed Page Limitation. Defendant is permitted to exceed the page limit by four (4) pages. Signed by Judge Rodolfo A. Ruiz, II on 12/6/2022. (pw)
December 6, 2022 Opinion or Order Filing 1457 Unopposed MOTION for Leave to File Excess Pages by Joseph Cole Barleta. (Attachments: #1 Text of Proposed Order)(Raikhelson, Andre)
December 5, 2022 Opinion or Order Filing 1456 ORDER granting #1455 Receiver's Motion to Approve Engagement of Noticing, Claims, and Distribution Agent. Signed by Judge Rodolfo A. Ruiz, II on 12/5/2022. See attached document for full details. (pw)
December 2, 2022 Opinion or Order Filing 1455 MOTION to Approve Engagement of Noticing, Claims, and Distribution Agent by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Standard Services Agreement, #2 Exhibit 2 - Proposed Order)(Kolaya, Timothy)
November 23, 2022 Opinion or Order Deadline(s)/Hearing(s) terminated. (ebz) Modified per DE #1453 Order on 11/28/2022 (ebz).
November 23, 2022 Opinion or Order Set/Reset Hearings Status Conference set for 1/11/2023 11:00 AM before Judge Rodolfo A. Ruiz II. Per DE [1454} Order. (ebz)
November 23, 2022 Opinion or Order Filing 1454 INTERIM SCHEDULING ORDER Regarding the Claims Administration Process and ORDER Setting Interim Case Management Conference. Signed by Judge Rodolfo A. Ruiz, II on 11/23/2022. See attached document for full details. (pw)
November 23, 2022 Opinion or Order Filing 1453 ORDER ADMINISTRATIVELY CLOSING CASE. Signed by Judge Rodolfo A. Ruiz, II on 11/23/2022. See attached document for full details. (pw)
November 23, 2022 Opinion or Order Filing 1452 NOTICE by Securities & Exchange Commission (Berlin, Amie)
November 22, 2022 Opinion or Order Filing 1451 AMENDED FINAL JUDGMENT as to Defendants Lisa McElhone and Joseph LaForte. Signed by Judge Rodolfo A. Ruiz, II on 11/22/2022. See attached document for full details. (pw)
November 22, 2022 Opinion or Order Filing 1450 AMENDED ORDER Granting in Part Plaintiff's Amended Omnibus Motion for Final Judgment. Signed by Judge Rodolfo A. Ruiz, II on 11/22/2022. See attached document for full details. (pw)
November 22, 2022 Opinion or Order Filing 1449 ORDER granting in part and denying in part #1444 Defendants Lisa McElhone and Joseph LaForte's Motion to Correct, and for Partial Relief from, the Final Judgment and Order Granting in Part Plaintiff's Amended Omnibus Motion for Final Judgment. Signed by Judge Rodolfo A. Ruiz, II on 11/22/2022. See attached document for full details. (pw)
November 22, 2022 Opinion or Order Filing 1448 Acknowledgment of Receipt of NOA from USCA re #1442 Notice of Appeal, filed by Michael C Furman. Date received by USCA: 11/22/2022. USCA Case Number: 22-13853-B. (jes)
November 21, 2022 Opinion or Order Filing 1447 PAPERLESS ORDER Requiring Joint Proposed Scheduling Order. As discussed at the status conference held on November 21, 2022 [ECF No. 1446], the parties shall meet and confer with the Receiver to prepare and submit a joint proposed scheduling order for the Court's review regarding the claims administration process in this litigation on or before Wednesday, November 23, 2022. A Word version of the joint proposed scheduling order shall be submitted to the Court at ruiz@flsd.uscourts.gov. Signed by Judge Rodolfo A. Ruiz, II on 11/21/2022. (pw)
November 21, 2022 Opinion or Order Filing 1446 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Telephonic Status Conference held on 11/21/2022. Attorney Appearance(s): David Lawrence Ferguson, Andre G. Raikhelson, Zachary Paul Hyman, James Miller Kaplan, Amie Riggle Berlin, Timothy Andrew Kolaya, Gaetan J. Alfano, Court Reporter: Ilona Lupowitz, 954-769-5568 / Ilona_lupowitz@flsd.uscourts.gov. (gp)
November 21, 2022 Opinion or Order Filing 1445 ORDER granting #1440 Receiver's Ninth Application for Allowance and Payment of Professionals' Fees and Reimbursement of Expenses for July 1, 2022-September 30, 2022. Signed by Judge Rodolfo A. Ruiz, II on 11/20/2022. See attached document for full details. (pw)
November 18, 2022 Opinion or Order Filing 1444 Defendant's MOTION to Correct, and for Relief From, the Final Judgment and Order Granting in Part Plaintiff's Amended Omnibus Motion for Final Judgment re #1432 Order on Motion for Judgment, #1433 Judgment by Joseph W. LaForte, Lisa Mcelhone. Attorney James Miller Kaplan added to party Joseph W. LaForte(pty:dft). (Kaplan, James)
November 17, 2022 Opinion or Order Filing 1443 PAPERLESS ORDER requiring any objections to #1440 Receiver, Ryan K. Stumphauzer's Ninth Application for Allowance and Payment of Professionals' Fees and Reimbursement of Expenses for July 1, 2022 - September 30, 2022 to be filed no later than Friday, November 18, 2022. Signed by Judge Rodolfo A. Ruiz, II on 11/17/2022. (pw)
November 16, 2022 Opinion or Order Filing 1442 Notice of Appeal as to #1271 Order on Motion for New Trial, #1435 Judgment, #1103 Judgment by Michael C Furman. Filing fee $ 505.00 receipt number AFLSDC-16105830. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under All Forms and look for Transcript Order Form #www.flsd.uscourts.gov/forms/all-forms. (Hyman, Zachary)
November 16, 2022 Opinion or Order Filing 1441 Acknowledgment of Receipt of NOA from USCA re #1439 Notice of Appeal, filed by Joseph Cole Barleta. Date received by USCA: 11/09/2022. USCA Case Number: 22-13811-B. (jes)
November 16, 2022 Opinion or Order Transmission of Notice of Appeal, Order under appeal, Judgment under appeal, and Docket Sheet to US Court of Appeals RE: #1442 Notice of Appeal. Notice has been electronically mailed. (jes)
November 15, 2022 Opinion or Order Filing 1440 MOTION - Receiver's Ninth Application for Allowance and Payment of Professionals' Fees and Reimbursement of Expenses for July 1, 2022 - September 30, 2022 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 Kolaya Nadler & Sloman, 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 Kolaya Nadler & Sloman, 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, #13 Exhibit 5 - Proposed Order)(Kolaya, Timothy)
November 9, 2022 Opinion or Order Filing 1439 Notice of Appeal as to #1222 Order on Motion to Compel, #1432 Order on Motion for Judgment, #1434 Judgment by Joseph Cole Barleta. Filing fee $ 505.00 receipt number AFLSDC-16089329. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under All Forms and look for Transcript Order Form #www.flsd.uscourts.gov/forms/all-forms. (Raikhelson, Andre)
November 9, 2022 Opinion or Order Transmission of Notice of Appeal, Orders/Judgment under appeal, and Docket Sheet to US Court of Appeals re #1439 Notice of Appeal, Notice has been electronically mailed. (apz)
November 5, 2022 Opinion or Order Filing 1438 NOTICE of Change of Address, Email or Law Firm Name by Timothy Andrew Kolaya (Kolaya, Timothy)
October 31, 2022 Opinion or Order Filing 1437 STATUS REPORT - Quarterly Status Report Dated October 31, 2022 by Ryan K Stumphauzer (Attachments: #1 Exhibit 1 - DSI's Quarterly Report)(Kolaya, Timothy)
October 25, 2022 Opinion or Order Filing 1436 PAPERLESS ORDER Setting Status Conference: The Parties are instructed to attend a status conference with the Court on November 21, 2022 at 2PM EST via Zoom video conference. The parties are instructed to use the following link: ZoomGovMeeting https://www.zoomgov.com/j/1619666946?pwd=eld5c29zeldQRFFjUDhDQkx4Rzd3Zz09 Meeting ID: 161 966 6946 Passcode: 872384 Signed by Judge Rodolfo A. Ruiz, II on 10/24/2022. (pw)
October 24, 2022 Opinion or Order Filing 1435 FINAL JUDGMENT as to Defendant Michael C. Furman. Signed by Judge Rodolfo A. Ruiz, II on 10/24/2022. See attached document for full details. (pw)
October 24, 2022 Opinion or Order Filing 1434 FINAL JUDGMENT as to Defendant Joseph Cole Barleta. Signed by Judge Rodolfo A. Ruiz, II on 10/24/2022. See attached document for full details. (pw)
October 24, 2022 Opinion or Order Filing 1433 FINAL JUDGMENT as to Defendants Joseph W. LaForte and Lisa McElhone. Signed by Judge Rodolfo A. Ruiz, II on 10/24/2022. See attached document for full details. (pw)
October 24, 2022 Opinion or Order Filing 1432 ORDER granting in part #1252 Plaintiff's Amended Omnibus Motion for Final Judgment. Signed by Judge Rodolfo A. Ruiz, II on 10/24/2022. See attached document for full details. (pw)
October 24, 2022 Opinion or Order Filing 1431 Notice of Supplemental Authority re #1252 Amended MOTION for Judgment , #1341 Reply to Response to Motion, by Securities & Exchange Commission (Attachments: #1 Exhibit Supplemental authority, SEC v. Fischer (SDFL Oct 22, 2022)) (Berlin, Amie)
October 19, 2022 Opinion or Order Filing 1430 ORDER of DISMISSAL from USCA re: #1317 Notice of Appeal, filed by Michael C Furman. Motion to voluntarily dismiss appeal filed by Appellant Michael C. Furman is GRANTED. USCA # 22-12376-GG. (jes)
October 18, 2022 Opinion or Order Filing 1429 PAPERLESS ORDER granting #1428 William G. Wolk, Esq.'s and Eaton & Wolk, PL's Motion to Withdraw as Local Counsel. Counsel's work in this case has ended pursuant to [ECF No. 1398]. Accordingly, William G. Wolk, Esq. and Eaton & Wolk, PL are hereby DISCHARGED of all further responsibilities related to serving as local counsel for Defendant, Dean Vagnozzi and Bochetto & Lentz, P.C. The Clerk is directed to remove Mr. Wolk from the CM/ECF electronic list of counsel to be served in this action. Defendant Vagnozzi shall continue to be represented by remaining counsel of record. Signed by Judge Rodolfo A. Ruiz, II on 10/18/2022. (pw)
October 18, 2022 Opinion or Order Filing 1428 MOTION to Withdraw as Attorney by William G. Wolk for / by Dean J Vagnozzi. Responses due by 11/1/2022 (Wolk, William)
October 17, 2022 Opinion or Order Filing 1427 ORDER WITHDRAWING RECEIVER'S MOTION FOR AN ORDER TO SHOW CAUSE AS TO WHY DEFENDANTS SHOULD NOT BE HELD IN CONTEMPT WITHOUT PREJUDICE Signed by Judge Rodolfo A. Ruiz, II on 10/17/2022. See attached document for full details. (pcs)
October 7, 2022 Opinion or Order Filing 1426 MANDATE of USCA (certified copy) APPEAL DISMISSED. Neither 1292(a)(2) nor 1292(a)(1) grants us (USCA) jurisdiction to consider this appeal because the expansion order was neither an order appointing a receiver nor an order granting (or modifying) an injunction re #466 Notice of Appeal, filed by L.M.E. 2017 Family Trust, Lisa Mcelhone, Joseph W. LaForte. Date Issued: 10/07/2022. USCA Case Number: 21-10195-GG. (jes)
October 6, 2022 Opinion or Order Filing 1425 Corrected Transcript (page 80, Line 1; page 102, Line 1) and Notice of Correction of Evidentiary Hearing held on 9/14/2022 before Judge Rodolfo A. Ruiz, II, 1-151 pages, re: #1419 Transcript,, Court Reporter: Ilona Lupowitz, 954-769-5568 / Ilona_lupowitz@flsd.uscourts.gov. (ilz)
October 4, 2022 Opinion or Order Filing 1424 TRANSCRIPT of Calendar Call held on 11/30/2021 before Judge Rodolfo A. Ruiz, II, 1-65 pages, re: #1317 Notice of Appeal, Court Reporter: Gizella Baan-Proulx, (305) 303-2327. 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 10/25/2022. Redacted Transcript Deadline set for 11/4/2022. Release of Transcript Restriction set for 1/3/2023. (apz)
October 4, 2022 Opinion or Order Filing 1423 TRANSCRIPT of Status Video Conference Hearing held on 10/21/2021 before Judge Rodolfo A. Ruiz, II, 1-132 pages, re: #1317 Notice of Appeal, Court Reporter: Gizella Baan-Proulx, (305) 303-2327. 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 10/25/2022. Redacted Transcript Deadline set for 11/4/2022. Release of Transcript Restriction set for 1/3/2023. (apz)
September 30, 2022 Opinion or Order Filing 1422 ORDER DENYING #1391 Non-Party Toorak Capital Partners, LLC's Motion to Intervene and Lift Litigation Injunction and GRANTING Receiver, Ryan K. Stumphauzer's Motion to Lift Litigation Injunction to Allow Toorak Capital Partners, LLC to Proceed with Certain Foreclosure Actions in New York State Court. Signed by Judge Rodolfo A. Ruiz, II on 9/30/2022. See attached document for full details. (pw)
September 28, 2022 Opinion or Order Filing 1421 Notice of Compliance of Filing Fees $505.00, receipt number AFLSDC-15984249 - Notice of Appeal by Michael C Furman re 1318 Clerk's Notice of Docket Correction and Instruction to Filer - Attorney, (Hyman, Zachary)
September 25, 2022 Opinion or Order Filing 1420 RESPONSE to Motion re #1391 MOTION to Intervene and Life Litigation Injunction to Allow it to Proceed With Foreclosure Actions in New York State Court AND Receiver's Motion to Lift Litigation Injunction to Allow Toorak Capital Partners, LLC to Proceed with Certain Foreclosure Actions in New York State Court filed by Ryan K Stumphauzer. Replies due by 10/3/2022. (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
September 24, 2022 Opinion or Order Filing 1419 TRANSCRIPT of Evidentiary Hearing held on 9/14/2022 before Judge Rodolfo A. Ruiz, II, 1-151 pages, Court Reporter: Ilona Lupowitz, 954-769-5568 / Ilona_lupowitz@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 10/17/2022. Redacted Transcript Deadline set for 10/25/2022. Release of Transcript Restriction set for 12/23/2022. (ilz)
September 23, 2022 Opinion or Order Filing 1418 PAPERLESS ORDER on #1417 Notice by Securities & Exchange Commission and Defendants McElhone, Furman, LaForte, and Cole That No Settlement Was Reached. Given that the parties were unable to reach a settlement agreement, the Court hereby DENIES the Securities and Exchange Commission's ore tenus motion to withdraw its #1252 Amended Omnibus Motion for Final Judgments Against Defendants Michael Furman, Joseph Cole Barleta, Joseph LaForte, and Lisa McElhone. Further, no supplemental briefing will be requested by the Court. The Court will issue its Order on Disgorgement based on the initial filings as supplemented by the oral argument held on September 14, 2022. Signed by Judge Rodolfo A. Ruiz, II on 9/23/2022. (pw)
September 23, 2022 Opinion or Order Filing 1417 NOTICE by Securities & Exchange Commission and Defendants McElhone, Furman, LaForte, and Cole That No Settlement Was Reached (Berlin, Amie)
September 23, 2022 Opinion or Order Filing 1416 TRANSCRIPT of Status Conference - Via Videoconference held on 9/13/2022 before Judge Rodolfo A. Ruiz, II, 1-42 pages, Court Reporter: Ilona Lupowitz, 954-769-5568 / Ilona_lupowitz@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 10/14/2022. Redacted Transcript Deadline set for 10/24/2022. Release of Transcript Restriction set for 12/22/2022. (ilz)
September 23, 2022 Opinion or Order Filing 1415 TRANSCRIPT of Evidentiary Hearing held on 9/12/2022 before Judge Rodolfo A. Ruiz, II, 1-141 pages, Court Reporter: Ilona Lupowitz, 954-769-5568 / Ilona_lupowitz@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 10/14/2022. Redacted Transcript Deadline set for 10/24/2022. Release of Transcript Restriction set for 12/22/2022. (ilz)
September 14, 2022 Opinion or Order Filing 1414 PAPERLESS ORDER reserving ruling on the Securities and Exchange Commission's ore tenus motion to withdraw their #1252 Amended Omnibus Motion for Final Judgments Against Defendants Michael Furman, Joseph Cole Barleta, Joseph LaForte, and Lisa McElhone. As discussed at the hearing, the parties are instructed to file a Joint Status Report on or before Friday, September 23, 2022 with an update as to the parties' ongoing settlement negotiations. Signed by Judge Rodolfo A. Ruiz, II on 9/14/2022. (ob)
September 14, 2022 Opinion or Order Filing 1413 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Motion Hearing held on 9/14/2022 re #1252 Amended MOTION for Judgment filed by Securities & Exchange Commission. Attorney Appearance(s): David Lawrence Ferguson, Zachary Paul Hyman, Alan S. Futerfas, James Miller Kaplan, Noah Elliot Snyder, Alise Meredith Johnson, Amie Riggle Berlin (via zoom), Timothy Andrew Kolaya, Gaetan J. Alfano (via zoom), Court Reporter: Ilona Lupowitz, 954-769-5568 / Ilona_lupowitz@flsd.uscourts.gov. (gp)
September 13, 2022 Opinion or Order Filing 1412 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Zoom Status Conference held on 9/13/2022. Attorney Appearance(s): David Lawrence Ferguson, Zachary Paul Hyman, James Miller Kaplan, Noah Elliot Snyder, Alise Meredith Johnson, Amie Riggle Berlin, Timothy Andrew Kolaya, Court Reporter: Ilona Lupowitz, 954-769-5568 / Ilona_lupowitz@flsd.uscourts.gov. (gp)
September 13, 2022 Opinion or Order Filing 1411 PAPERLESS ORDER scheduling a Zoom status conference for today, September 13, 2022 at 5:30 P.M. regarding the hearing scheduled for Wednesday, September 14, 2022 at 10:00 A.M. Join ZoomGov Meeting: # Zoom Link Meeting ID: 160 284 5259 - Passcode: 669952 Signed by Judge Rodolfo A. Ruiz, II on 9/13/2022. (ob)
September 13, 2022 Opinion or Order Filing 1410 PAPERLESS ORDER granting #1409 Joint Motion of Defendants LaForte, McElhone, Cole, Furman, the SEC, and the Receiver, Ryan K. Stumphauzer, to Permit Electronic Equipment in the Courtroom for the Disgorgement Hearing on September 14, 2022. James M. Kaplan, Noah E. Snyder, Alan S. Futerfas, David L. Ferguson, Andre G. Raikhelson, Zachary P. Hyman, Amie R. Berlin, Ryan K. Stumphauzer, and Timothy A. Kolaya are permitted to bring laptop computers and tablets/iPads into the courtroom and to use those electronic devices during the hearing on September 14, 2022, at 10:00 a.m. Signed by Judge Rodolfo A. Ruiz, II on 9/13/2022. (ob)
September 13, 2022 Opinion or Order Filing 1409 Joint MOTION of the Defendants LaForte, McElhone, Cole and Furman, The Securities and Exhange Commission, and the Receiver, Ryan K. Stumphauzer, to Permit Electronic Equipment in the Courtroom for the Disgorgement Hearing on September 14, 2022 by Joseph Cole Barleta, Michael C Furman, Joseph W. LaForte, Lisa Mcelhone, Ryan K Stumphauzer. (Kaplan, James)
September 13, 2022 Opinion or Order Filing 1408 PAPERLESS ORDER containing Zoom instructions for the hearing scheduled for Wednesday, September 14, 2022 at 10:00 A.M. The Court notes that this hearing is being conducted in person but may be observed by interested parties via Zoom. Join ZoomGov Meeting: # Zoom Link Meeting ID: 160 284 5259 - Passcode: 669952 Signed by Judge Rodolfo A. Ruiz, II on 9/13/2022. (ob)
September 12, 2022 Opinion or Order Filing 1407 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Evidentiary Hearing held on 9/12/2022 Witness Ryan K Stumphauzer, sworn and testified. Exhibits 1-12, 17-18a, 20-22e, 24, 28, 29, 31, 32 and 33 introduced and admitted. Attorney Appearance(s): David Lawrence Ferguson, James Miller Kaplan, Noah Elliot Snyder, Alise Meredith Johnson, Timothy Andrew Kolaya, Gaetan J. Alfano, Court Reporter: Ilona Lupowitz, 954-769-5568 / Ilona_lupowitz@flsd.uscourts.gov. (gp)
September 11, 2022 Opinion or Order Filing 1406 PAPERLESS ORDER granting #1405 Receiver, Ryan K. Stumphauzer, Lisa McElhone and Joseph LaForte's Joint Motion to Permit Electronic Equipment in the Courtroom for Contempt Hearing on September 12, 2022. Ryan K. Stumphauzer, Gaetan J. Alfano, Timothy A. Kolaya, James M. Kaplan, Noah E. Snyder, and David L. Ferguson are permitted to bring laptop computers and tablets/iPads into the courtroom. Signed by Judge Rodolfo A. Ruiz, II on 9/11/2022. (obt)
September 11, 2022 Opinion or Order Filing 1405 Joint MOTION to Permit Electronic Equipment in the Courtroom for Contempt Hearing on September 12, 2022 by Joseph W. LaForte, Lisa Mcelhone, Ryan K Stumphauzer. (Kolaya, Timothy)
September 11, 2022 Opinion or Order Filing 1404 PAPERLESS ORDER rescheduling the hearing set for Monday, September 12, 2022 - TIME CHANGE ONLY. Given the estimated time of witness testimony set forth in the parties' #1403 witness and exhibit lists, the Court finds it advisable to begin contempt proceedings slightly earlier. The September 12, 2022 hearing will begin at 10:00 A.M. Signed by Judge Rodolfo A. Ruiz, II on 9/11/2022. (gp)
September 10, 2022 Opinion or Order Filing 1403 Exhibit and Witness List in Connection with Evidentiary Hearing on September 12, 2022, at 11:00 a.m., on #1328 Receivers Motion for an Order to Show Cause Why Defendants Joseph LaForte and Lisa McElhone Should Not Be Held in Contempt by Joseph W. LaForte, Lisa Mcelhone, Ryan K Stumphauzer.. (Kolaya, Timothy)
September 9, 2022 Opinion or Order Filing 1402 PAPERLESS ORDER containing Zoom instructions for the hearing scheduled for Monday, September 12, 2022 at 11:00 A.M. The Court notes that this hearing is being conducted in person but may be observed by interested parties via Zoom. Signed by Judge Rodolfo A. Ruiz, II on 9/9/2022. Join ZoomGov Meeting: # Zoom Link Meeting ID: 160 284 5259 - Passcode: 669952 (gp)
September 8, 2022 Opinion or Order Filing 1401 REPLY to Response to Motion re #1328 MOTION for Order to Show Cause Why Defendants Joseph LaForte and Lisa McElhone Should Not Be Held in Contempt, and to Lift Litigation Injunction Against Specified Third Parties filed by Ryan K Stumphauzer. (Kolaya, Timothy)
September 8, 2022 Opinion or Order Filing 1400 PAPERLESS ORDER on September 14, 2022 Evidentiary Hearing on #1252 Amended Omnibus Motion for Final Judgments Against Defendants Michael Furman, Joseph Cole Barleta, Joseph LaForte, and Lisa McElhone. For sake of clarity, the hearing will be evidentiary in nature. However, the Court will only consider evidence that has been submitted with the parties' briefing. Further, the Court has allocated two hours and thirty minutes for the duration of the hearing. Each Defendant and Plaintiff will have twenty minutes to present their respective positions, and the Court intends on asking questions to all parties regarding disgorgement. Signed by Judge Rodolfo A. Ruiz, II on 9/8/2022. (ob)
September 8, 2022 Opinion or Order Filing 1399 PAPERLESS ORDER on September 12, 2022 Evidentiary Hearing for Order to Show Cause Why Defendants Joseph LaForte and Lisa McElhone Should Not Be Held in Contempt. No later than Saturday, September 10, 2022, the parties must jointly submit (a) an exhibit list and (b) a list indicating each witness who will testify at the Evidentiary Hearing, a one sentence synopsis of the testimony, and in consultation with opposing counsel, the amount of time needed for direct and cross examination. Signed by Judge Rodolfo A. Ruiz, II on 9/8/2022. (ob)
September 8, 2022 Opinion or Order Filing 1398 ORDER (1) IN CONNECTION WITH STATUS REPORT REGARDING WHETHER THE LITIGATION STAY SHOULD REMAIN IN PLACE FOR CLAIMS AGAINST ECKERT SEAMANS AND/OR JOHN PAUCIULO AND (2) DENYING AS MOOT VARIOUS MOTIONS TO INTERVENE AND/OR LIFT THE LITIGATION STAY. Signed by Judge Rodolfo A. Ruiz, II on 9/7/2022. See attached document for full details. (ob)
September 7, 2022 Opinion or Order Filing 1397 TRANSCRIPT NOTIFICATION - Transcript(s) ordered on: June 28, 2022 by Andre G. Raikhelson, Esq. has/have been filed by Court Reporter: Glenda Powers, 305-523-5022 / Glenda_Powers@flsd.uscourts.gov re #466 Notice of Appeal,,. (gps)
September 7, 2022 Opinion or Order Filing 1396 NOTICE by Ryan K Stumphauzer re #1392 Status Report, #1390 MOTION to Intervene MOTION to Lift Stay of Litigation re #1384 Transcript,, #1386 MOTION to Lift Stay of Litigation re 1383 Order on Motion for Miscellaneous Relief,,,,, #1377 Supplement, , #1395 Renewed MOTION Lift Stay as to Parker Action , #1386 MOTION to Lift Stay of Litigation re 1383 Order on Motion for Miscellaneous Relief,,,,, #1377 Supplement, Notice of Filing Proposed Order in Connection with Status Report Regarding Whether the Litigation Stay Should Remain in Place Against Eckert Seamans and/or John W. Pauciulo (Attachments: #1 Exhibit 1 - Proposed Order) (Kolaya, Timothy)
September 7, 2022 Opinion or Order Filing 1395 Renewed MOTION Lift Stay as to Parker Action by Francis Cassidy, David Gollner, Christopher McMorrow, Mark Nardelli. (Attachments: #1 Exhibit Cease and Desist Letter, #2 Exhibit Email from A. Berlin, #3 Text of Proposed Order Proposed Order Lifting Litigation Stay)(Minsker, Jonathan)
September 6, 2022 Opinion or Order Filing 1394 ORDER APPROVING STIPULATION FOR SUBSTITUTION OF COUNSEL. Signed by Judge Rodolfo A. Ruiz, II on 9/6/2022. See attached document for full details. (ob)
September 4, 2022 Opinion or Order Filing 1393 NOTICE/STIPULATION of Substitution of Counsel by Andre G. Raikhelson on behalf of Joseph Cole Barleta instead of prior counsel of record Bettina Schein. (Attachments: #1 Text of Proposed Order) (Raikhelson, Andre) Modified to Convert to a Motion on 9/6/2022 (pcs).
September 2, 2022 Opinion or Order Filing 1392 STATUS REPORT Regarding Whether the Litigation Stay Should Remain in Place for Claims Against Eckert Seamans and/or John Pauciulo by Ryan K Stumphauzer (Kolaya, Timothy)
September 1, 2022 Opinion or Order Filing 1391 MOTION to Intervene and Life Litigation Injunction to Allow it to Proceed With Foreclosure Actions in New York State Court by Toorak Capital Partners LLC. Attorney Nardo Dorsin added to party Toorak Capital Partners LLC(pty:intv). (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Dorsin, Nardo)
September 1, 2022 Opinion or Order Filing 1390 MOTION to Intervene , MOTION to Lift Stay of Litigation re #1384 Transcript,, #1386 MOTION to Lift Stay of Litigation re 1383 Order on Motion for Miscellaneous Relief,,,,, #1377 Supplement, by Capricorn Income Fund I Parallel, LLC, Capricorn Income Fund I, LLC, Paul T Kohler, Albert Vagnozzi. Attorney William Gregg Wolk added to party Capricorn Income Fund I Parallel, LLC(pty:intv), Attorney William Gregg Wolk added to party Capricorn Income Fund I, LLC(pty:intv), Attorney William Gregg Wolk added to party Paul T Kohler(pty:intv), Attorney William Gregg Wolk added to party Albert Vagnozzi(pty:intv). (Attachments: #1 Exhibit Complaint, #2 Exhibit Order Status Conf., #3 Exhibit Order to Remain Stay, #4 Exhibit Pauciulo SEC Complaint, #5 Exhibit Berlin Email)(Wolk, William)
September 1, 2022 Opinion or Order Filing 1389 NOTICE of Striking #1388 MOTION to Intervene MOTION Motion to Lift Stay re 1383 Order on Motion for Miscellaneous Relief,,,,, #1377 Supplement, #1386 MOTION to Lift Stay of Litigation re 1383 Order on Motion for Miscellaneous Relief,,,,, #1377 Supplement, filed by Capricorn Income Fund I Parallel, LLC, Paul T Kohler, Capricorn Income Fund I, LLC, Albert Vagnozzi by Capricorn Income Fund I Parallel, LLC, Capricorn Income Fund I, LLC (Wolk, William)
August 31, 2022 Opinion or Order Filing 1388 STRICKEN MOTION to Intervene , MOTION Motion to Lift Stay re 1383 Order on Motion for Miscellaneous Relief,,,,, #1377 Supplement, #1386 MOTION to Lift Stay of Litigation re 1383 Order on Motion for Miscellaneous Relief,,,,, #1377 Supplement, by Paul T Kohler, Albert Vagnozzi, Capricorn Income Fund I, LLC, Capricorn Income Fund I Parallel, LLC. (Attachments: #1 Exhibit Complaint, #2 Exhibit Exhibit, #3 Exhibit Order Granting Def Motion to Stay, #4 Exhibit Pauciulo SEC Complaint, #5 Exhibit Berlin Email, #6 Exhibit Berlin to Bochetto)(Wolk, William) Modified on 9/1/2022 per DE 1389 Notice (kpe).
August 30, 2022 Opinion or Order Filing 1387 TRANSCRIPT of Status Conference Hearing held on 10/26/2021 before Magistrate Judge Bruce E. Reinhart, 1-26 pages, Court Reporter: Joanne Mancari, jemancari@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 9/20/2022. Redacted Transcript Deadline set for 9/30/2022. Release of Transcript Restriction set for 11/28/2022. (apz)
August 30, 2022 Opinion or Order Filing 1386 MOTION to Lift Stay of Litigation re 1383 Order on Motion for Miscellaneous Relief,,,,, #1377 Supplement, by Dean J Vagnozzi. (Attachments: #1 Exhibit Complaint, #2 Exhibit Def Answer, #3 Exhibit Order Granting Def Mtn to Stay, #4 Exhibit Pauciulo SEC Complaint, #5 Exhibit Berlin Email, #6 Exhibit Berlin to Bochetto)(Wolk, William)
August 29, 2022 Opinion or Order Filing 1385 RESPONSE in Opposition re #1328 MOTION for Order to Show Cause Why Defendants Joseph LaForte and Lisa McElhone Should Not Be Held in Contempt, and to Lift Litigation Injunction Against Specified Third Parties filed by Joseph W. LaForte, Lisa Mcelhone. Replies due by 9/6/2022. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Kaplan, James)
August 29, 2022 Opinion or Order Set Deadlines Per DE#1383. Status Report due by 9/2/2022. (cqs)
August 28, 2022 Opinion or Order Filing 1384 TRANSCRIPT of Motion Hearing - Via Videoconference held on 8/3/2022 before Judge Rodolfo A. Ruiz, II, 1-51 pages, Court Reporter: Ilona Lupowitz, 954-769-5568 / Ilona_lupowitz@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 9/19/2022. Redacted Transcript Deadline set for 9/28/2022. Release of Transcript Restriction set for 11/28/2022. (ilz)
August 26, 2022 Opinion or Order Filing 1383 PAPERLESS ORDER denying #1348 Defendant Dean Vagnozzi's Motion to Refer Dispute to Settlement Conference before Magistrate Judge Bruce E. Reinhart Concerning Prosecution of Legal Malpractice Claims against Eckert Seamans and John Pauciulo ("Motion"). As noted by the Receiver, given that neither Eckert Seamans Cherin & Mellott ("Eckert Seamans") or John W. Pauciulo - both non-parties to this action - are willing to voluntarily participate in global settlement discussions at this juncture, the Court finds that the requested settlement conference would not be fruitful. However, to the extent Defendant Vagnozzi is seeking to renew his request that the Court lift the litigation stay so as to allow him to pursue his individual claims against Eckert Seamans and John W. Pauciulo, see #1377 - especially given that the SEC no longer opposes lifting the litigation stay for this purpose, see [1377-2] - Defendant Vagnozzi shall file a proper motion for the Court's consideration. Lastly, the Court requests that the Receiver provide a status report on any actions the Receiver is contemplating taking against Eckert Seamans and/or John W. Pauciulo on or before September 2, 2022. See #1175 at 8. Signed by Judge Rodolfo A. Ruiz, II on 8/26/2022. (ob)
August 26, 2022 Opinion or Order Filing 1382 PAPERLESS ORDER denying #1381 Defendant, Michael C. Furman's, Motion to Reschedule Hearing on Plaintiff's Amended Omnibus Motion for Final Judgment, Against Defendants Michael Furman, Joseph Cole Barleta, Joseph LaForte and Lisa McElhone. Signed by Judge Rodolfo A. Ruiz, II on 8/26/2022. (ob)
August 26, 2022 Opinion or Order Filing 1381 MOTION to Continue Hearing re 1366 Order Setting Hearing on Motion, by Michael C Furman. Responses due by 9/9/2022 (Hyman, Zachary)
August 26, 2022 Opinion or Order Filing 1377 SUPPLEMENT in Support of Motion to Refer Dispute to Settlement Conference Before Mag. Judge Reinhart by Dean J Vagnozzi (Attachments: #1 Exhibit Berlin 8/25/22 10:34 AM Email, #2 Exhibit Berling to BOchetto 8/25/22, 2:22 PM Email)(Wolk, William)
August 26, 2022 Opinion or Order Filing 1372 ORDER of Dismissal by USCA. Upon our review of the record and the responses to the jurisdictional question, this appeal is DISMISSED for lack of jurisdiction as to #1247 Notice of Interlocutory Appeal,, filed by Joseph Cole Barleta. USCA # 22-11694-GG (kpe)
August 25, 2022 Opinion or Order Filing 1371 PAPERLESS ORDER granting #1370 Defendants Joseph LaForte and Lisa McElhone's Unopposed Motion for an Extension of Time to File Their Opposition to the Receiver's Motion to Show Cause. Defendants LaForte and McElhone's Memorandum in Opposition is due on or before August 29, 2022. Accordingly, Receiver's Reply is due on or before September 8, 2022. Signed by Judge Rodolfo A. Ruiz, II on 8/25/2022. (ob)
August 25, 2022 Opinion or Order Filing 1370 Unopposed MOTION for Extension of Time to File Their Opposition to the Receiver's Motion to Show Cause re #1328 MOTION for Order to Show Cause Why Defendants Joseph LaForte and Lisa McElhone Should Not Be Held in Contempt, and to Lift Litigation Injunction Against Specified Third Parties by Joseph W. LaForte, Lisa Mcelhone. Responses due by 9/8/2022 (Kaplan, James)
August 25, 2022 Opinion or Order Filing 1369 REPLY to Response to Motion re #1348 MOTION To Refer Dispute to Settlement COnference Before Magistrate Judge Reinhart COncerning Prosecution of LEgal Malpractice Claims Against Eckert Seamans and John Pauciulo filed by Dean J Vagnozzi. (Wolk, William)
August 23, 2022 Opinion or Order Filing 1368 ORDER AUTHORIZING RECEIVER'S SALE OF REAL PROPERTY LOCATED AT 159 26TH ST., AVALON, NJ, 08202. Signed by Judge Rodolfo A. Ruiz, II on 8/23/2022. See attached document for full details. (ob)
August 22, 2022 Opinion or Order Filing 1380 TRANSCRIPT of Discovery/Motion Hearing held on 6/22/2022 before Magistrate Judge Bruce E. Reinhart, 1-31 pages, re: #1317 Notice of Appeal, Court Reporter: Joanne Mancari, 305-523-5635. USCA Case Number: 22-12376-G. 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 9/12/2022. Redacted Transcript Deadline set for 9/22/2022. Release of Transcript Restriction set for 11/21/2022. (kpe)
August 22, 2022 Opinion or Order Filing 1379 TRANSCRIPT of Discovery Hearing held on 6/15/2022 before Magistrate Judge Bruce E. Reinhart, 1-19 pages, re: #1317 Notice of Appeal, Court Reporter: Joanne Mancari, 305-523-5635. USCA Case Number: 22-12376-G. 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 9/12/2022. Redacted Transcript Deadline set for 9/22/2022. Release of Transcript Restriction set for 11/21/2022. (kpe)
August 22, 2022 Opinion or Order Filing 1378 TRANSCRIPT of Discovery Hearing held on 4/13/2021 before Magistrate Judge Bruce E. Reinhart, 1-47 pages, re: #1317 Notice of Appeal, Court Reporter: Joanne Mancari, 305-523-5635. USCA Case Number: 22-12376-G. 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 9/12/2022. Redacted Transcript Deadline set for 9/22/2022. Release of Transcript Restriction set for 11/21/2022. (kpe)
August 22, 2022 Opinion or Order Filing 1376 TRANSCRIPT of Discovery/Motion Hearing held on 12/17/2020 before Magistrate Judge Bruce E. Reinhart, 1-29 pages, re: #1317 Notice of Appeal, Court Reporter: Joanne Mancari, 305-523-5635. USCA Case Number: 22-12376-G. 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 9/12/2022. Redacted Transcript Deadline set for 9/22/2022. Release of Transcript Restriction set for 11/21/2022. (kpe)
August 22, 2022 Opinion or Order Filing 1375 TRANSCRIPT of Discovery Hearing held on 3/3/2021 before Magistrate Judge Bruce E. Reinhart, 1-43 pages, re: #1317 Notice of Appeal, Court Reporter: Joanne Mancari, 305-523-5635. USCA Case Number: 22-12376-G. 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 9/12/2022. Redacted Transcript Deadline set for 9/22/2022. Release of Transcript Restriction set for 11/21/2022. (kpe)
August 22, 2022 Opinion or Order Filing 1374 TRANSCRIPT of Discovery/Motion Hearing held on 11/30/2020 before Magistrate Judge Bruce E. Reinhart, 1-8 pages, re: #1317 Notice of Appeal, Court Reporter: Joanne Mancari, 305-523-5635. USCA Case Number: 22-12376-G. 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 9/12/2022. Redacted Transcript Deadline set for 9/22/2022. Release of Transcript Restriction set for 11/21/2022. (kpe)
August 22, 2022 Opinion or Order Filing 1373 TRANSCRIPT of Discovery/Motion Hearing held on 11/23/2020 before Magistrate Judge Bruce E. Reinhart, 1-29 pages, re: #1317 Notice of Appeal, Court Reporter: Joanne Mancari, 305-523-5635. USCA Case Number: 22-12376-G. 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 9/12/2022. Redacted Transcript Deadline set for 9/22/2022. Release of Transcript Restriction set for 11/21/2022. (kpe)
August 22, 2022 Opinion or Order Filing 1367 ORDER DENYING RECEIVER'S EXPEDITED MOTION TO EXPAND RECEIVERSHIP TO INCLUDE 19 COUNTRY DRIVE, MORRISTOWN, NJ 07960. Signed by Judge Rodolfo A. Ruiz, II on 8/22/2022. See attached document for full details. (ob)
August 22, 2022 Opinion or Order Filing 1366 PAPERLESS ORDER setting hearing on #1252 Plaintiff Securities and Exchange Commission's Amended Omnibus Motion for Final Judgments Against Defendants Michael Furman, Joseph Cole Barleta, Joseph LaForte, and Lisa McElhone on Wednesday, September 14, 2022 at 10:00 A.M. The hearing will take place in Courtroom 205C of the U.S. Courthouse, 299 E. Broward Boulevard, Fort Lauderdale, Florida. Signed by Judge Rodolfo A. Ruiz, II on 8/22/2022. (ob)
August 22, 2022 Opinion or Order Filing 1365 ORDER GRANTING RECEIVER'S EIGHTH APPLICATION FOR ALLOWANCE AND PAYMENT OF PROFESSIONALS' FEES AND REIMBURSEMENT OF EXPENSES FOR APRIL 1, 2022 - JUNE 30, 2022. Signed by Judge Rodolfo A. Ruiz, II on 8/22/2022. See attached document for full details. (ob)
August 22, 2022 Opinion or Order Set Hearings : Evidentiary Hearing set for 9/12/2022 11:00 AM in Fort Lauderdale Division, Courtroom 205C, before Judge Rodolfo A. Ruiz II. Per ECF No. #1332 Order. (gp)
August 19, 2022 Opinion or Order Filing 1364 RESPONSE in Opposition re #1348 MOTION To Refer Dispute to Settlement COnference Before Magistrate Judge Reinhart COncerning Prosecution of LEgal Malpractice Claims Against Eckert Seamans and John Pauciulo filed by Ryan K Stumphauzer. Replies due by 8/26/2022. (Kolaya, Timothy)
August 17, 2022 Opinion or Order Filing 1363 NOTICE by Ryan K Stumphauzer re 1337 Order,,, #1180 EXPEDITED MOTION to Expand the Receivership to Include 19 Country Drive, Morristown, NJ 07960 re #141 Order (Kolaya, Timothy)
August 17, 2022 Opinion or Order Filing 1362 PAPERLESS ORDER granting #1361 Plaintiff's Unopposed Motion. Plaintiff Securities and Exchange Commission's #1339 Reply in Support of its Motion for Monetary Remedies and Entry of Final Judgment as to Defendants Joseph LaForte, Lisa McElhone, and Joseph Cole Barleta is hereby STRICKEN. Plaintiff's #1341 Amended Reply is deemed timely filed. Signed by Judge Rodolfo A. Ruiz, II on 8/17/2022. (ob)
August 17, 2022 Opinion or Order Filing 1361 Unopposed MOTION to Strike #1339 Reply to Response to Motion ( Responses due by 8/31/2022), MOTION for Extension of Time to File Response/Reply/Answer as to #1341 Reply to Response to Motion, by Securities & Exchange Commission. (Attachments: #1 Text of Proposed Order)(Berlin, Amie)
August 16, 2022 Opinion or Order Filing 1360 TRANSCRIPT INFORMATION FORM by Michael C Furman re #1317 Notice of Appeal,. Pre-Trial Proceedings transcript(s) ordered. Order placed by Zachary P. Hyman. Email sent to Court Reporter Coordinator. (Hyman, Zachary)
August 16, 2022 Opinion or Order Filing 1359 PAPERLESS ORDER requiring any objections to #1358 Receiver, Ryan K. Stumphauzer's Eighth Application for Allowance and Payment of Professionals' Fees and Reimbursement of Expenses for April 1, 2022 - June 30, 2022 to be filed no later than Friday, August 19, 2022. Signed by Judge Rodolfo A. Ruiz, II on 8/16/2022. (ob)
August 15, 2022 Opinion or Order Filing 1358 MOTION Receiver's Eighth Application for Allowance and Payment of Professionals' Fees and Reimbursement of Expenses for April 1, 2022 - June 30, 2022 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, #13 Exhibit 5 - Proposed Order)(Kolaya, Timothy)
August 12, 2022 Opinion or Order Filing 1357 TRANSCRIPT of Motion hearing held on 12/02/2021 before Judge Rodolfo A. Ruiz, II, Volume Number 1 of 1, 1-174 pages, Court Reporter: Ellen Rassie, 954-769-5448 / ellen_rassie@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/2/2022. Redacted Transcript Deadline set for 9/12/2022. Release of Transcript Restriction set for 11/10/2022. (Rassie, Ellen)
August 11, 2022 Opinion or Order Filing 1356 ORDER GRANTING RECEIVER'S MOTION TO LIFT LITIGATION INJUNCTION AS TO CERTAIN COUNTERPARTIES IN DEFAULT UNDER AGREEMENTS WITH COMPLETE BUSINESS SOLUTIONS GROUP, INC. OR CONTRACT FINANCING SOLUTIONS, INC., AND TO EFFECTUATE SETTLEMENT. Signed by Judge Rodolfo A. Ruiz, II on 8/11/2022. See attached document for full details. (ob)
August 10, 2022 Opinion or Order Filing 1355 MOTION for Order Authorizing Receivers Sale of Real Property Located at 159 26th Street, Avalon, NJ 08202 re #1301 Stipulation, by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Declaration of Ryan K. Stumphauzer, #2 Exhibit 2 - Proposed Order)(Kolaya, Timothy)
August 10, 2022 Opinion or Order Filing 1354 MOTION to Lift Litigation Injunction as to Certain Counterparties in Default Under Agreements with Complete Business Solutions Group, Inc. or Contract Financing Solutions, Inc., and to Effectuate a Settlement re #141 Order by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
August 10, 2022 Opinion or Order Filing 1353 ORDER AUTHORIZING RECEIVER'S SALE OF REAL PROPERTY LOCATED AT 164 84TH ST., STONE HARBOR, NJ 08247. Signed by Judge Rodolfo A. Ruiz, II on 8/9/2022. See attached document for full details. (ob)
August 8, 2022 Opinion or Order Attorney Allison Beth Kernisky representing Retirement Evolution Group, LLC (Defendant) and Retirement Evolution Income Fund LLC (Defendant) and RE Income Fund 2, LLC (Defendant); and Gissas, John (Defendant); ; Attorney Daniel I. Small representing Retirement Evolution Group, LLC (Defendant) and Retirement Evolution Income Fund LLC (Defendant); and RE Income Fund 2, LLC (Defendant); and Gissas, John (Defendant); terminated per DE #1349 . (pes)
August 7, 2022 Opinion or Order Filing 1352 NOTICE of Compliance With Eleventh Circuit Re Transcript of Hearing by Joseph Cole Barleta (Attachments: #1 Transcripts of Hearing on April 21, 2022, #2 Exhibit A - Notice from the Eleventh Circuit Court of Appeal) (Raikhelson, Andre)
August 7, 2022 Opinion or Order Filing 1351 ORDER GRANTING RECEIVER RYAN K. STUMPHAUZER'S COMBINED TWENTY-FIFTH MOTION TO LIFT LITIGATION INJUNCTION AS TO CERTAIN GARNISHMENT PROCEEDINGS AND TO AUTHORIZE RECEIVER TO DISMISS WITHOUT PREJUDICE FAST ADVANCE FUNDING, LLC V. STRUCTURAL SOLUTIONS OF NJ, LLC, ET AL. IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA. Signed by Judge Rodolfo A. Ruiz, II on 8/5/2022. See attached document for full details. (ob)
August 7, 2022 Opinion or Order Filing 1350 ORDER GRANTING RECEIVER RYAN K. STUMPHAUZER'S MOTION TO LIFT LITIGATION INJUNCTION AS TO CERTAIN COUNTERPARTIES IN DEFAULT UNDER AGREEMENTS WITH COMPLETE BUSINESS SOLUTIONS GROUP, INC., CAPITAL SOURCE 2000, INC., LIBERTY EIGHTH AVENUE, LLC, OR CONTRACT FINANCING SOLUTIONS, INC. Signed by Judge Rodolfo A. Ruiz, II on 8/5/2022. See attached document for full details. (ob)
August 7, 2022 Opinion or Order Filing 1349 ORDER GRANTING UNOPPOSED MOTION TO WITHDRAW. Signed by Judge Rodolfo A. Ruiz, II on 8/4/2022. See attached document for full details. (ob)
August 5, 2022 Opinion or Order Filing 1348 MOTION To Refer Dispute to Settlement COnference Before Magistrate Judge Reinhart COncerning Prosecution of LEgal Malpractice Claims Against Eckert Seamans and John Pauciulo by Dean J Vagnozzi. (Attachments: #1 Exhibit Complaint, #2 Exhibit SEC Complaint)(Wolk, William)
August 5, 2022 Opinion or Order Filing 1347 NOTICE of Attorney Appearance by William Gregg Wolk on behalf of Dean J Vagnozzi. Attorney William Gregg Wolk added to party Dean J Vagnozzi(pty:dft). (Wolk, William)
August 4, 2022 Opinion or Order Filing 1346 MOTION to Lift Litigation Injunction as to Certain Counterparties in Default Under Agreements with Complete Business Solutions Group, Inc., Capital Source 2000, Inc., Liberty Eighth Avenue, LLC, or Contract Financing Solutions, Inc. re #141 Order by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
August 4, 2022 Opinion or Order Filing 1345 MOTION to Lift Litigation Injunction as to Certain Garnishment Proceedings and to Authorize Receiver to Dismiss Without Prejudice Fast Advance Funding, LLC v. Structural Solutions of NJ, LLC, et al. in the Eastern District of Pennsylvania re #141 Order by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
August 4, 2022 Opinion or Order Filing 1344 ORDER GRANTING UNOPPOSED MOTION TO WITHDRAW. Signed by Judge Rodolfo A. Ruiz, II on 8/3/2022. See attached document for full details. (ob)
August 4, 2022 Opinion or Order Filing 1343 Unopposed MOTION to Withdraw as Attorney by Holland & Knight, LLP, Daniel I. Small, Allison Kernisky, and Chad M. Vanderhoef for / by Retirement Evolution Income Fund LLC, John Gissas, RE Income Fund 2, LLC, Retirement Evolution Group, LLC. Responses due by 8/18/2022 (Attachments: #1 Text of Proposed Order)(Kernisky, Allison)
August 4, 2022 Opinion or Order Filing 1342 PAPERLESS ORDER granting #1340 Plaintiff Securities and Exchange Commission's Motion for Page Enlargement. The SEC is permitted to file an omnibus Reply brief that is thirty-two (32) pages in length. Signed by Judge Rodolfo A. Ruiz, II on 8/4/2022. (jb03)
August 4, 2022 Opinion or Order Filing 1341 Amended REPLY to Response to Motion re #1252 Amended MOTION for Judgment filed by Securities & Exchange Commission. (Attachments: #1 Exhibit Exhibit 1, Cole Interrogatory Answers, #2 Exhibit Exhibit 2, Furman Deposition Transcript)(Berlin, Amie)
August 4, 2022 Opinion or Order Filing 1340 MOTION for Leave to File Excess Pages by Securities & Exchange Commission. (Attachments: #1 Text of Proposed Order Proposed Order)(Berlin, Amie)
August 4, 2022 Opinion or Order Filing 1339 REPLY to Response to Motion re #1252 Amended MOTION for Judgment filed by Securities & Exchange Commission. (Berlin, Amie)
August 3, 2022 Opinion or Order Filing 1338 Unopposed MOTION to Withdraw as Attorney by Adam M. Foslid for / by Ryan K Stumphauzer. Responses due by 8/17/2022 (Attachments: #1 Text of Proposed Order)(Foslid, Adam)
August 3, 2022 Opinion or Order Filing 1337 PAPERLESS ORDER granting Receiver's ore tenus Motion to allow Supplemental Briefing on #1180 Receiver, Ryan K. Stumphauzer's Expedited Motion to Expand the Receivership to Include 19 Country Drive, Morristown, NJ 07960 ("Expedited Motion"). As discussed at the 1336 hearing held on August 3, 2022, the Receiver shall file any additional briefing addressing the concerns laid out by the Court on or before August 17, 2022. Should the Receiver file supplemental briefing, the Responding Parties shall have fourteen (14) days by which to file a response. Until such time as the Court makes a ruling on the #1180 Expedited Motion, the funds at issue shall remain in an escrow account held by the Receiver. Signed by Judge Rodolfo A. Ruiz, II on 8/3/2022. (obt)
August 3, 2022 Opinion or Order Filing 1336 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Zoom Evidentiary Motion Hearing held on 8/3/2022 re #1180 EXPEDITED MOTION to Expand the Receivership to Include 19 Country Drive, Morristown, NJ 07960 re #141 Order filed by Ryan K Stumphauzer. Attorney Appearance(s): James David Silver, Katie Brinson Hinton, Amie Riggle Berlin, Timothy Andrew Kolaya, Gaetan J. Alfano, Court Reporter: Ilona Lupowitz, 954-769-5568 / Ilona_lupowitz@flsd.uscourts.gov. (gp)
August 2, 2022 Opinion or Order Filing 1335 PAPERLESS ORDER containing Zoom instructions for the hearing scheduled for Wednesday, August 3, 2022 at 10:30 A.M.The Zoom hearing can be accessed at # click here. Meeting ID: 161 561 6641 - Passcode: 965142 Signed by Judge Rodolfo A. Ruiz, II on 8/2/2022. (ob)
August 1, 2022 Opinion or Order Filing 1334 STATUS REPORT - Quarterly Status Report Dated August 1, 2022 by Ryan K Stumphauzer (Attachments: #1 Exhibit 1 - DSI's Quarterly Report)(Kolaya, Timothy)
August 1, 2022 Opinion or Order Filing 1333 TRANSCRIPT INFORMATION FORM by Michael C Furman re #1317 Notice of Appeal,. Pre-Trial Proceedings transcript(s) ordered. Order placed by Zachary P. Hyman. Email sent to Court Reporter Coordinator. (Hyman, Zachary)
July 30, 2022 Opinion or Order Filing 1332 ORDER (1) FOR JOSEPH LAFORTE AND LISA MCELHONE TO SHOW CAUSE WHY THEY SHOULD NOT BE HELD IN CONTEMPT AND (2) GRANTING RECEIVER'S MOTION TO LIFT LITIGATION INJUNCTION AGAINST SPECIFIED THIRD PARTIES. Signed by Judge Rodolfo A. Ruiz, II on 7/30/2022. See attached document for full details. (ob)
July 30, 2022 Opinion or Order Filing 1331 MOTION for Order Authorizing Receivers Sale of Real Property Located at 164 84th Street, Stone Harbor, NJ 08247 re #1305 Order, by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Declaration of Ryan K. Stumphauzer, #2 Exhibit 2 - Proposed Order Authorizing Sale)(Kolaya, Timothy)
July 29, 2022 Opinion or Order Filing 1330 NOTICE by Joseph Cole Barleta, Joseph W. LaForte, Lisa Mcelhone re #1329 Response in Opposition to Motion Notice of Filing Exhibits to Their Amended Response in Opposition to The Securities and Exchange Commission's Amended Omnibus Motion for Final Judgments (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28) (Kaplan, James)
July 29, 2022 Opinion or Order Filing 1329 RESPONSE in Opposition re #1252 Amended MOTION for Judgment filed by Joseph Cole Barleta, Joseph W. LaForte, Lisa Mcelhone. Replies due by 8/5/2022. (Kaplan, James)
July 29, 2022 Opinion or Order Filing 1328 MOTION for Order to Show Cause Why Defendants Joseph LaForte and Lisa McElhone Should Not Be Held in Contempt, and to Lift Litigation Injunction Against Specified Third Parties by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Bond Order, #2 Exhibit 2 - Bardong LinkedIn Profile, #3 Exhibit 3 - Bushwick Letter to BCB Bank, #4 Exhibit 4 - Sage LaForte Letter to BCB Bank, #5 Exhibit 5 - ESC Promissory Note to Scavetti, #6 Exhibit 6 - Mortgage from Scavetti to ESC, #7 Exhibit 7 - Email re Transfer from CFS to Platinum, #8 Exhibit 8 - Wire Transfer to Financial Mutual, #9 Exhibit 9 - Financial Mutual Signature Cards, #10 Exhibit 10 - Financial Mutual Bank Statement, #11 Exhibit 11 - Sample Checks, #12 Exhibit 12 - Bederson Report re B&T Supplies, #13 Exhibit 13 - Email Regarding CFS Merchant Diversion, #14 Exhibit 14 - Jade Redevelopment - Recent Lawsuit, #15 Exhibit 15 - Joey Rosenberg LinkedIn Profile, #16 Exhibit 16 - Taxes Paid by Dayne Property Management, #17 Exhibit 17 - Jimmy Schillaci LinkedIn Profile, #18 Exhibit 18 - Proposed Order on Motion for Order to Show Cause)(Kolaya, Timothy)
July 29, 2022 Opinion or Order Filing 1327 PAPERLESS ORDER granting #1326 Receiver's Unopposed Motion For Leave To Exceed Page Limitation On Receiver's Motion For An Order To Show Cause Why Defendants Joseph Laforte And Lisa Mcelhone Should Not Be Held In Contempt, And To Lift Litigation Injunction Against Specified Third Parties. The Receiver may exceed the standard page limitation by six (6) pages. Signed by Judge Rodolfo A. Ruiz, II on 7/29/2022. (ob)
July 28, 2022 Opinion or Order Filing 1326 Unopposed MOTION for Leave to File Excess Pages on Motion for an Order to Show Cause Why Defendants Joseph LaForte and Lisa McElhone Should Not Be Held in Contempt, and to Lift Litigation Injunction Against Specified Third Parties by Ryan K Stumphauzer. (Attachments: #1 Exhibit A - Motion for Order to Show Cause, #2 Exhibit B - Proposed Order Granting Motion)(Kolaya, Timothy)
July 28, 2022 Opinion or Order Filing 1325 ORDER (1) DENYING NON-PARTY JOHN J. RYBINSKI'S MOTION TO INTERVENE AND TO MODIFY ASSET FREEZE AND (2) GRANTING RECEIVER, RYAN K. STUMPHAUZER'S MOTION TO LIFT LITIGATION INJUNCTION TO ALLOW COMMENCEMENT OF FORECLOSURE ACTION INVOLVING PROPERTY LOCATED AT 2132-2136 ERIE BOULEVARD EAST, SYRACUSE, NY 13214. Signed by Judge Rodolfo A. Ruiz, II on 7/28/2022. See attached document for full details. (ob)
July 27, 2022 Opinion or Order Filing 1324 RESPONSE to Motion re #1308 MOTION to Intervene and to Modify Asset Freeze and Receivers Motion to Lift Litigation Injunction to Allow Commencement of Foreclosure Action Involving Property Located at 2132-2136 Erie Boulevard East, Syracuse, NY 13214 filed by Ryan K Stumphauzer. Replies due by 8/3/2022. (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
July 22, 2022 Opinion or Order Filing 1323 Acknowledgment of Receipt of NOA from USCA re #1317 Notice of Appeal, filed by Michael C Furman. Date received by USCA: 7/18/22. USCA Case Number: 22-12376-G. (vjk)
July 22, 2022 Opinion or Order Set/Reset Deadlines/Hearings per DE 1322 Order re #1252 Amended MOTION for Judgment . Responses due by 7/29/2022 Replies due by 8/3/2022. (amb)
July 22, 2022 Opinion or Order Filing 1322 PAPERLESS ORDER granting #1303 Plaintiff Securities and Exchange Commission's Expedited Motion to Strike Defendants' Expert Report ("Motion"). Upon review of #1319 Defendants' Response to the Motion, #1320 Plaintiff's Reply, the [1298-17] Dunkelberger Report ("Report"), and the record, the Court finds that the Report is untimely and improper. While Defendants argue that the Consents and Judgments permit the inclusion of additional expert reports, see Resp. at 3, the Court disagrees. A plain reading of both the Consents and Judgments specify exactly what types of discovery are permitted for disgorgement and additional expert testimony is not an enumerated category. See Resp. at 3, see also Reply at 2. As such, the Court relies on its #521 Amended Scheduling Order ("Scheduling Order") for guidance. The Scheduling Order required that the parties exchange rebuttal expert witness summaries or reports no later than August 27, 2021. Scheduling Order at 1. At the latest, all expert discovery was due to be completed on September 10, 2021. Id. at 2. Those deadlines have long passed. At best, Defendants seek to include a "supplemental" expert report. However, Courts have broad discretion to exclude untimely-disclosed expert witness testimony - even when they are designated as "supplemental" reports. Companhia Energetica Potiguar v. Caterpillar Inc., No. 14-CV-24277, 2016 WL 3102225, at *5 (S.D. Fla. Jun. 2, 2016) (citing Corwin v. Walt Disney Co., 475 F.3d 1239, 1252 (11th Cir. 2007) ("a supplemental expert report may be excluded pursuant to Federal Rule of Civil Procedure 37(c) if a party fails to file it prior to the deadline imposed")). Here, the Report at issue is an additional report by an undisclosed expert whose purpose is to bolster Defendants' original expert and rebut Plaintiff's original expert. But supplemental disclosures are prohibited "whenever a party wants to bolster or submit additional expert opinions [because it] would reek [sic] havoc in docket control and amount to unlimited expert opinion preparation." Id. at *6 (citing Friebel v. Paradise Shores of Bay Cnty., LLC, No. 5:10-cv-120, 2011 WL 2420230, at *2 (N.D. Fla., Jun. 13, 2011)). Because the Dunkelberger Report runs afoul of the Scheduling Order and inappropriately bolsters and rebuts previous experts, the Court finds that the Report must be stricken.Accordingly, Defendants may submit an amended response to Plaintiff's #1252 Amended Omnibus Motion for Final Judgments on or before July 29, 2022. Any reply by Plaintiff is due on or before August 3, 2022. Furthermore, to the extent Defendants request that the Receiver Declaration be stricken, that request is DENIED. The Receiver Declaration is not an expert witness opinion and he does not vouch for Plaintiff's expert in his summation of Defendants' own Quickbooks records. Signed by Judge Rodolfo A. Ruiz, II on 7/22/2022. (ob)
July 22, 2022 Opinion or Order Filing 1321 PAPERLESS ORDER scheduling a hearing on #1180 Receiver, Ryan K. Stumphauzer's Expedited Motion to Expand the Receivership to include 19 Country Drive, Morristown, NJ 07960 via Zoom on August 3, 2022 at 10:30 A.M. The Court will publish the Zoom login information on the docket at least 48 hours prior to the hearing. Signed by Judge Rodolfo A. Ruiz, II on 7/22/2022. (ob)
July 21, 2022 Opinion or Order Filing 1320 REPLY to Response to Motion re #1303 EXPEDITED MOTION To Strike Defendants' July 2022 Expert Report [1298-17] re #1298 Notice (Other),,, filed by Securities & Exchange Commission. (Berlin, Amie)
July 18, 2022 Opinion or Order Filing 1319 RESPONSE in Opposition re #1303 EXPEDITED MOTION To Strike Defendants' July 2022 Expert Report [1298-17] re #1298 Notice (Other),,, filed by Joseph Cole Barleta, Joseph W. LaForte, Lisa Mcelhone. Replies due by 7/25/2022. (Kaplan, James)
July 18, 2022 Opinion or Order Filing 1318 Clerk's Notice to Filer re #1317 Notice of Appeal,. Notice of Appeal Requires a Fee; CORRECTIVE ACTION REQUIRED Appellate Filing Fee Not Paid. The Filer must file a Notice of Compliance of Filing Fee-Notice of Appeal and electronically pay the correct fee of $505.00 within 24 hrs of this notice. (kpe)
July 18, 2022 Opinion or Order Filing 1317 Notice of Appeal as to #1103 Judgment, #1271 Order by Michael C Furman. FILING FEE NOT PAID. 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. (Hyman, Zachary) Modified by adding document link on 7/18/2022 (kpe).
July 18, 2022 Opinion or Order Transmission of Notice of Appeal, Judgment, Order and Docket Sheet to US Court of Appeals re #1317 Notice of Appeal, Notice has been electronically mailed. (kpe)
July 15, 2022 Opinion or Order Filing 1316 PAPERLESS ORDER granting #1315 Plaintiff's Unopposed Motion for Enlargement of Time to File An Omnibus Reply In Support of The Motion for Relief Against All Remaining Defendants. Within two business days of the entry of the Court's Order on Plaintiff's Motion to Strike Defendants' Expert Witness Report [ECF No. 1303], the Commission shall file either (i) its Omnibus Reply Brief, if the Motion to Strike is granted, or (ii) a Motion for additional time to file the Omnibus Reply Brief in order to obtain expert witness discovery. Signed by Judge Rodolfo A. Ruiz, II on 7/15/2022. (ob)
July 15, 2022 Opinion or Order Filing 1315 Unopposed MOTION for Extension of Time to File Response/Reply/Answer Omnibus Reply in Support of Motion for Final Judgments by Securities & Exchange Commission. (Attachments: #1 Text of Proposed Order Proposed Order)(Berlin, Amie)
July 15, 2022 Opinion or Order Filing 1314 NOTICE of Change of Address, Email or Law Firm Name by Douglas Keith Wickenden (Wickenden, Douglas)
July 14, 2022 Opinion or Order Filing 1313 TRANSCRIPT of Motion Hearing held on 7/1/2022 before Magistrate Judge Bruce E. Reinhart, 1-22 pages, Joanne Mancari: Other, 305-523-5635. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/4/2022. Redacted Transcript Deadline set for 8/15/2022. Release of Transcript Restriction set for 10/12/2022. (kpe)
July 14, 2022 Opinion or Order Filing 1312 REPLY to Response to Motion re #1180 EXPEDITED MOTION to Expand the Receivership to Include 19 Country Drive, Morristown, NJ 07960 re #141 Order filed by Ryan K Stumphauzer. (Kolaya, Timothy)
July 14, 2022 Opinion or Order Filing 1311 ORDER DENYING DEFENDANT, MICHAEL C. FURMAN'S, MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS AND SUPPORTING AFFIDAVIT. Signed by Judge Rodolfo A. Ruiz, II on 7/13/2022. See attached document for full details. (ob)
July 13, 2022 Opinion or Order Set/Reset Deadlines/Hearings per DE 1310 Order re #1303 Motion. Responses due by 7/18/2022 Replies due by 7/21/2022. (amb)
July 13, 2022 Opinion or Order Filing 1310 PAPERLESS ORDER granting in part and denying in part #1306 Defendants LaForte, McElhone, and Cole's Expedited Motion to Strike the S.E.C.'s Expedited Motion to Strike Defendants' Expert Report Based on the S.E.C.'s Flagrant Disregard of Local Rule 7.1(a)(3), or for Alternative Relief ("Motion"). The Court has reviewed #1309 Plaintiff's Response to Defendants' Expedited Motion to Strike. The Motion is granted insofar as Defendants request an extension of time to respond to #1303 Securities and Exchange Commission's Expedited Motion to Strike Defendants' Expert Report. Defendants' Response is due on or before Monday, July 18, 2022 and shall be limited to seven (7) pages. Accordingly, any reply by the S.E.C. is due on or before Thursday, July 21, 2022 and shall be no longer than five (5) pages. Should the S.E.C. need additional time to file a reply in support of #1252 the S.E.C.'s Amended Omnibus Motion for Judgments, the S.E.C. shall seek leave of Court. Defendants' request for attorneys' fees related to the instant Motion is DENIED. Signed by Judge Rodolfo A. Ruiz, II on 7/13/2022. (obt)
July 13, 2022 Opinion or Order Filing 1309 RESPONSE in Opposition re #1306 EXPEDITED MOTION to Strike the S.E.C.'s Expedited Motion to Strike Defendants' Expert Report Based on the S.E.C.'s Flagrant Disregard of Local Rule 7.1(a)(3), or for Alternative Relief re #1303 EXPEDITED MOTION To Strike filed by Securities & Exchange Commission. Replies due by 7/20/2022. (Berlin, Amie)
July 13, 2022 Opinion or Order Filing 1308 MOTION to Intervene and to Modify Asset Freeze by John J. Rybinski. Attorney Douglas Keith Wickenden added to party John J. Rybinski(pty:intv). (Attachments: #1 Exhibit A, #2 Exhibit B)(Wickenden, Douglas)
July 13, 2022 Opinion or Order Filing 1307 NOTICE Of Filing Declaration Of Michael Furman by Michael C Furman re #1300 MOTION for Leave to Appeal in forma pauperis MOTION for Leave to Appeal (Attachments: #1 Affidavit Declaration of Michael Furman) (Hyman, Zachary)
July 13, 2022 Opinion or Order Filing 1306 EXPEDITED MOTION to Strike the S.E.C.'s Expedited Motion to Strike Defendants' Expert Report Based on the S.E.C.'s Flagrant Disregard of Local Rule 7.1(a)(3), or for Alternative Relief re #1303 EXPEDITED MOTION To Strike Defendants' July 2022 Expert Report [1298-17] re #1298 Notice (Other),,, by Lisa Mcelhone. (Attachments: #1 Exhibit 1)(Kaplan, James)
July 12, 2022 Opinion or Order Filing 1305 ORDER APPROVING STIPULATION TO WAIVE REQUIREMENTS OF 28 U.S.C. 2001(A) AND (B) IN CONNECTION WITH, AND TO ESTABLISH SALES PROCEDURES FOR, RECEIVER'S SALES OF RESIDENTIAL REAL PROPERTY. Signed by Judge Rodolfo A. Ruiz, II on 7/12/2022. See attached document for full details. (ob)
July 12, 2022 Opinion or Order Filing 1304 PAPERLESS ORDER requiring an expedited response to #1303 Plaintiff Securities and Exchange Commission's Expedited Motion to Strike Defendants' Expert Report on or before July 14, 2022. Signed by Judge Rodolfo A. Ruiz, II on 7/12/2022. (ob)
July 12, 2022 Opinion or Order Filing 1303 EXPEDITED MOTION To Strike Defendants' July 2022 Expert Report [1298-17] re #1298 Notice (Other),,, by Securities & Exchange Commission. (Berlin, Amie)
July 12, 2022 Opinion or Order Filing 1302 PAPERLESS ORDER requiring Defendant Michael C. Furman to file the Declaration that was intended to be included in his filing #1300 Motion for Leave to Appeal in forma pauperis on or before July 13, 2022. The included [1300-1] Affidavit indicates that an "attached declaration" was meant to answer Question 11 of the Affidavit Accompanying Motion for Permission to Appeal In Forma Pauperis. Signed by Judge Rodolfo A. Ruiz, II on 7/12/2022. (ob)
July 11, 2022 Opinion or Order Filing 1301 STIPULATION to Waive Requirements of 28 U.S.C. 2001(a) and (b) in Connection with, and to Establish Sales Procedures for, Receiver's Sales of Residential Real Property by Ryan K Stumphauzer (Attachments: #1 Text of Proposed Order)(Kolaya, Timothy)
July 11, 2022 Opinion or Order Filing 1300 MOTION for Leave to Appeal in forma pauperis , MOTION for Leave to Appeal by Michael C Furman. (Attachments: #1 Affidavit)(Hyman, Zachary)
July 11, 2022 Opinion or Order Filing 1299 TRANSCRIPT of Hearing - Motion to Compel (Via Zoom) held on April 21, 2022 before Judge Rodolfo A. Ruiz, II, 1 - 69 pages, Court Reporter: Glenda Powers, 305-523-5022 / Glenda_Powers@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/1/2022. Redacted Transcript Deadline set for 8/11/2022. Release of Transcript Restriction set for 10/11/2022. (gps)
July 8, 2022 Opinion or Order Filing 1298 NOTICE by Joseph Cole Barleta, Joseph W. LaForte, Lisa Mcelhone re #1297 Response in Opposition to Motion of Filing Exhibits to their Response in Opposition to the Securities and Exchange Commission's Amended Omnibus Motion for Final Judgments (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28) (Kaplan, James)
July 8, 2022 Opinion or Order Filing 1297 RESPONSE in Opposition re #1252 Amended MOTION for Judgment filed by Joseph Cole Barleta, Joseph W. LaForte, Lisa Mcelhone. Replies due by 7/15/2022. (Kaplan, James)
July 8, 2022 Opinion or Order Filing 1296 RESPONSE in Opposition re #1252 Amended MOTION for Judgment , Request for Evidentiary Hearing, and Other Associated Relief filed by Michael C Furman. Replies due by 7/15/2022. (Attachments: #1 Exhibit 1 - Furman Declaration)(Hyman, Zachary)
July 7, 2022 Opinion or Order Set/Reset Deadlines/Hearings per DE 1295 Order re #1180 EXPEDITED MOTION to Expand the Receivership to Include 19 Country Drive, Morristown, NJ 07960 re #141 Order. Replies due by 7/14/2022. (amb)
July 7, 2022 Opinion or Order Filing 1295 PAPERLESS ORDER granting #1294 Receiver, Ryan K. Stumphauzer's Unopposed Motion for Extension of Time to File Reply to Responses to Expedited Motion to Expand Receivership to Include 19 Country Drive, Morristown, NJ 07960. Receiver's response is due on or before July 14, 2022. Signed by Judge Rodolfo A. Ruiz, II on 7/7/2022. (ob)
July 7, 2022 Opinion or Order Filing 1294 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1290 Response to Motion, #1291 Response in Opposition to Motion, by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
July 2, 2022 Opinion or Order Filing 1293 ORDER GRANTING RECEIVER, RYAN K. STUMPHAUZER'S TWENTY-FOURTH MOTION TO LIFT LITIGATION INJUNCTION AS TO CERTAIN GARNISHMENT PROCEEDINGS. Signed by Judge Rodolfo A. Ruiz, II on 6/30/2022. See attached document for full details. (ob)
July 1, 2022 Opinion or Order Filing 1292 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Discovery Hearing regarding a discovery dispute between Defendant Lisa McElhone and the Receiver held on 7/1/2022. Total time in court: 0 hour(s) : 30 minutes. MINUTE ORDER: For the reasons set forth on the record, the Receiver's Motion to Quash is GRANTED and Ms. McElhone's Motion to Compel is DENIED. Signed by Magistrate Judge Bruce E. Reinhart on 7/1/2022. (Digital BER_1_7.1.2022) (jgy)
June 30, 2022 Opinion or Order Filing 1291 RESPONSE in Opposition re #1180 EXPEDITED MOTION to Expand the Receivership to Include 19 Country Drive, Morristown, NJ 07960 re #141 Order filed by Daniel Scaramellino. Replies due by 7/7/2022. (Attachments: #1 Exhibit Eagle Six Lawsuit Pleadings)(Hinton, Katie)
June 30, 2022 Opinion or Order Filing 1290 RESPONSE to Motion re #1180 EXPEDITED MOTION to Expand the Receivership to Include 19 Country Drive, Morristown, NJ 07960 re #141 Order filed by 19 Country Drive, LLC, Daniel Scaramellino, Michelle Scaramellino. Attorney James David Silver added to party Daniel Scaramellino(pty:ip). Replies due by 7/7/2022. (Silver, James)
June 30, 2022 Opinion or Order Filing 1289 JOINT DISCOVERY MEMORANDUM PURSUANT TO ECF NO. 1283 to 1283 by Lisa Mcelhone, Ryan K Stumphauzer (Attachments: #1 Exhibit 1 - Subpoena, #2 Exhibit 2 - Receiver Declaration)(Kolaya, Timothy)
June 30, 2022 Opinion or Order Filing 1288 MOTION to Lift Litigation Injunction as to Certain Garnishment Proceedings (24th Motion) re #141 Order by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
June 30, 2022 Opinion or Order Filing 1287 PAPERLESS ORDER granting #1286 Defendant, Michael C. Furman's, Motion for Extension of Time to File Response to Plaintiff's Amended Omnibus Motion for Final Judgment. Defendant's response is due on or before July 8, 2022. Signed by Judge Rodolfo A. Ruiz, II on 6/30/2022. (ob)
June 29, 2022 Opinion or Order Filing 1286 MOTION for Extension of Time to Respond to Amended Omnibus Motion for Final Judgment re #1252 Amended MOTION for Judgment by Michael C Furman. Responses due by 7/13/2022 (Hyman, Zachary)
June 29, 2022 Opinion or Order Filing 1285 PAPERLESS ORDER granting #1284 Daniel Scaramellino, One Nine Country Drive, LLC, and Michelle Scaramellino's Unopposed Joint Motion for Extension of Time to File Response in Opposition to Receiver's Expedited Motion to Expand Receivership. The responding parties shall respond on or before June 30, 2022. Signed by Judge Rodolfo A. Ruiz, II on 6/29/2022. (ob)
June 29, 2022 Opinion or Order Set/Reset Deadlines/Hearings per DE 1285 Order re #1180 EXPEDITED MOTION to Expand the Receivership to Include 19 Country Drive, Morristown, NJ 07960 re #141 Order. Responses due by 6/30/2022 (amb)
June 28, 2022 Opinion or Order Filing 1284 Agreed MOTION for Extension of Time to File Response/Reply/Answer Motion to Expand Receivership by 19 Country Drive, LLC, Daniel Scaramellino, Michelle Scaramellino. (Hinton, Katie)
June 28, 2022 Opinion or Order Filing 1283 PAPERLESS Order setting a Telephonic Discovery Hearing regarding a discovery dispute between Defendant Lisa McElhone and the Receiver. The discovery hearing is set for 7/1/2022 at 03:00 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 6/28/2022. (jgy)
June 27, 2022 Opinion or Order Filing 1282 PAPERLESS ORDER granting #1281 Defendants LaForte, McElhone, and Cole's Unopposed Motion to Enlarge the Page Limit for their Response in Opposition to the SEC's Amended Omnibus Motion for Final Judgments, and for a One Week Extension of Time to File. Defendants shall file their response on or before July 8, 2022 and are permitted to file a combined response up to 50 pages in length. Signed by Judge Rodolfo A. Ruiz, II on 6/27/2022. (ob)
June 27, 2022 Opinion or Order Filing 1281 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1252 Amended MOTION for Judgment and to Enlarge Page Limit by Joseph Cole Barleta, Joseph W. LaForte, Lisa Mcelhone. (Kaplan, James)
June 22, 2022 Opinion or Order Filing 1280 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Discovery Hearing held on 6/22/2022. Total time in court: 0 hour(s) : 50 minutes.MINUTE ORDER: For the reasons more fully explained on the record, the subpoenas sent by Defendant Lisa McElhone to the Ermel non-parties are QUASHED on the grounds that they are cumulative to documents the Defendants already have and are otherwise not proportional to the needs of the case at this late date in the proceedings. Signed by Magistrate Judge Bruce E. Reinhart on 6/22/2022. (Digital BER_1_6.22.2022) (jgy)
June 22, 2022 Opinion or Order Filing 1279 NOTICE by Ken Bacon, Rod Ermel, Ermel Associates, Inc., Lisa Mcelhone re #1274 Report Regarding Filing Exhibits to the Joint Discovery Memorandum (Attachments: #1 Exhibit Composite A, #2 Exhibit B, #3 Exhibit C) (Kaplan, James)
June 21, 2022 Opinion or Order Set/Reset Deadlines/Hearings per DE 1278 Paperless Order re #1180 EXPEDITED MOTION to Expand the Receivership to Include 19 Country Drive, Morristown, NJ 07960 re #141 Order. Responses due by 6/28/2022. (amb)
June 21, 2022 Opinion or Order Filing 1278 PAPERLESS ORDER granting #1277 Daniel Scaramellino, One Nine Country Drive, LLC, and Michelle Scaramellino's Unopposed Joint Motion for Extension of Time to File Response in Opposition to Receiver's Expedited Motion to Expand Receivership. The responding parties shall file a response on or before June 28, 2022. Signed by Judge Rodolfo A. Ruiz, II on 6/21/2022. (ob)
June 21, 2022 Opinion or Order Filing 1277 Agreed MOTION for Extension of Time to File Response/Reply/Answer as to #1180 EXPEDITED MOTION to Expand the Receivership to Include 19 Country Drive, Morristown, NJ 07960 re #141 Order by 19 Country Drive, LLC, Daniel Scaramellino, Michelle Scaramellino. (Hinton, Katie)
June 21, 2022 Opinion or Order Filing 1276 ORDER on Defendant Michael Furman's Request to take Depositions. Signed by Magistrate Judge Bruce E. Reinhart on 6/21/2022. See attached document for full details. (jgy)
June 21, 2022 Opinion or Order Filing 1275 PAPERLESS ORDER granting #1273 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for attorney Mark E. Cedrone. Signed by Judge Rodolfo A. Ruiz, II on 6/21/2022. (ob)
June 20, 2022 Opinion or Order Filing 1274 JOINT DISCOVERY Memorandum Regarding Subpoenas Issued by Lisa McElhone to Rod Ermel Associates, Inc., Rod Ermel, and Kenneth Bacon by Ken Bacon, Rod Ermel, Ermel Associates, Inc., Lisa Mcelhone (Kaplan, James)
June 20, 2022 Opinion or Order Filing 1273 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Mark E. Cedrone. Filing Fee $ 200.00 Receipt # AFLSDC-15727886 by Ermel Associates, Inc., Rod Ermel, Ken Bacon. Attorney Henry Philip Bell added to party Ermel Associates, Inc.(pty:obj), Attorney Henry Philip Bell added to party Rod Ermel(pty:obj), Attorney Henry Philip Bell added to party Ken Bacon(pty:obj). Responses due by 7/5/2022 (Attachments: #1 Certification Mark E. Cedrone, Esq., #2 Text of Proposed Order)(Bell, Henry)
June 16, 2022 Opinion or Order Filing 1272 TRANSCRIPT of Motion Hearing - Via Videoconference held on 5/19/2022 before Judge Rodolfo A. Ruiz, II, 1-100 pages, Court Reporter: Ilona Lupowitz, 954-769-5568 / Ilona_lupowitz@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 7/7/2022. Redacted Transcript Deadline set for 7/18/2022. Release of Transcript Restriction set for 9/14/2022. (ilz)
June 16, 2022 Opinion or Order Filing 1271 ORDER DENYING DEFENDANT MICHAEL C. FURMAN'S MOTION FOR NEW TRIAL. Signed by Judge Rodolfo A. Ruiz, II on 6/16/2022. See attached document for full details. (ob)
June 15, 2022 Opinion or Order Filing 1270 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Discovery Hearing held on 6/15/2022. Total time in court: 0 hour(s) : 25 minutes. Matter taken under advisement. Order to follow. (Digital BER_1_6.15.2022) (jgy)
June 14, 2022 Opinion or Order Filing 1269 PAPERLESS ORDER clarifying two separate discovery hearings being conducted by Judge Reinhart: A Telephonic Discovery Hearing is set for 6/15 at 1:00 PM to address Defendant Michael Furman's request to take depositions of the Receiver and his professionals (see DEs 1263, 1265). Separately, a Telephonic Discovery Hearing is set for 6/22 at 12:30 PM for the Court to address the issues regarding the third-party subpoenas (see DE 1266). Signed by Magistrate Judge Bruce E. Reinhart on 6/14/2022. (jgy)
June 14, 2022 Opinion or Order Set/Reset Hearings Discovery Hearing set for 6/15/2022 01:00 PM before Magistrate Judge Bruce E. Reinhart. Discovery Hearing set for 6/22/2022 12:30 PM before Magistrate Judge Bruce E. Reinhart. Per Chambers - See ECF No. 1265 . (sk)
June 13, 2022 Opinion or Order Filing 1268 ORDER GRANTING RECEIVER'S TWENTY-THIRD MOTION TO LIFT LITIGATION INJUNCTION AS TO CERTAIN GARNISHMENT PROCEEDINGS. Signed by Judge Rodolfo A. Ruiz, II on 6/13/2022. See attached document for full details. (ob)
June 13, 2022 Opinion or Order Filing 1267 REPORT REGARDING Discovery Hearing Scheduled for June 15, 2022, at 1:00 p.m. by Michael C Furman, Ryan K Stumphauzer (Attachments: #1 Exhibit 1 - Trial Testimony of Bradley Sharp Cited in SEC's Amended Motion, #2 Exhibit 2 - Declaration of Ryan K. Stumphauzer)(Kolaya, Timothy)
June 13, 2022 Opinion or Order Filing 1266 PAPERLESS Order setting Telephonic Discovery Hearing. The Court is in receipt of an e-mail from counsel for Defendant Lisa McElhone regarding two discovery disputes requiring the Court's attention: (1) whether requiring third-party compliance with a Rule 45(c) in the Southern District of Florida is proper, and (2) whether it would be unduly burdensome to enforce the third-party subpoena. A Telephoinc Discovery Hearing to address these issues is set for 6/22/2022 at 12:30 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#. 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, (2) certifying that the parties have complied with the pre-hearing communication requirement set forth above, 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). All attorneys appearing at the hearing shall be qualified to practice in the Southern District of Florida pursuant to Rule 4(a) of the Rules Governing the Admission, Practice, Peer Review, and Discipline of Attorneys. Signed by Magistrate Judge Bruce E. Reinhart on 6/13/2022. (jgy)
June 13, 2022 Opinion or Order Filing 1265 **TIME CHANGE ONLY**: PAPERLESS Order Resetting Telephonic Discovery Hearing originally set for 6/15/2022 at 02:00 PM. Discovery Hearing is RESET for 6/15/2022 at 01:00 PM before Magistrate Judge Bruce E. Reinhart. All other instructions from DE 1263 still apply. Signed by Magistrate Judge Bruce E. Reinhart on 6/13/2022. (jgy)
June 10, 2022 Opinion or Order Filing 1264 MOTION to Lift Litigation Injunction as to Certain Garnishment Proceedings (23rd Motion) re #141 Order by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
June 10, 2022 Opinion or Order Filing 1263 PAPERLESS Order setting Telephonic Discovery Hearing for 6/15/2022 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#. 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, (2) certifying that the parties have complied with the pre-hearing communication requirement set forth above, 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 6/10/2022. (jgy)
June 10, 2022 Opinion or Order Filing 1262 PAPERLESS ORDER granting #1261 Motion to Withdraw as Counsel for Defendant, Michael C. Furman. Elroy M. John Jr, Esq., Jeremy I. Knight, Esq., and the law firm, Knight Law, P.A. are hereby DISCHARGED of all further responsibilities related to Michael C. Furman in these proceedings. Signed by Judge Rodolfo A. Ruiz, II on 6/10/2022. (ob)
June 9, 2022 Opinion or Order Filing 1261 MOTION to Withdraw as Attorney by Elroy M. John, Jr. for / by Michael C Furman. Responses due by 6/23/2022 (Attachments: #1 Text of Proposed Order Proposed Order)(John, Elroy)
June 9, 2022 Opinion or Order Filing 1260 PAPERLESS ORDER. The Court is in receipt of an e-mail from counsel for Defendant Michael Furman regarding a potential discovery dispute requiring the Court's attention. The parties are ordered to confer about mutually agreeable dates for the a hearing on this issue. On or before Monday, 6/13/2022 at 5:00 PM , the moving party shall send an email to reinhart@flsd.uscourts.gov providing the Court with two afternoons next when all necessary parties are available for the hearing and the amount of time that the parties anticipate needing for the hearing. The Court will then enter an order setting the hearing and provide further instruction. Signed by Magistrate Judge Bruce E. Reinhart on 6/9/2022. (jgy)
June 2, 2022 Opinion or Order Set/Reset Deadline as to #1180 EXPEDITED MOTION to Expand the Receivership to Include 19 Country Drive, Morristown, NJ 07960 re #141 Order. Responses due by 6/21/2022. SEE DE 1259 ORDER (ail)
June 1, 2022 Opinion or Order Filing 1259 PAPERLESS ORDER granting #1258 Daniel Scaramellino, One Nine Country Drive, LLC, and Michelle Scaramellino's Unopposed Joint Motion for Extension of Time to File Response in Opposition to Receiver's Expedited Motion to Expand Receivership. The responding parties shall file a response on or before June 21, 2022. Signed by Judge Rodolfo A. Ruiz, II on 6/1/2022. (ob)
May 31, 2022 Opinion or Order Filing 1258 Joint MOTION for Extension of Time to File Response/Reply/Answer as to #1180 EXPEDITED MOTION to Expand the Receivership to Include 19 Country Drive, Morristown, NJ 07960 re #141 Order by 19 Country Drive, LLC, Daniel Scaramellino, Michelle Scaramellino. (Hinton, Katie)
May 24, 2022 Opinion or Order Filing 1257 Acknowledgment of Receipt of NOA from USCA re #1247 Notice of Interlocutory Appeal, filed by Joseph Cole Barleta. Date received by USCA: 5/18/22. USCA Case Number: 22-11694-G. (hh)
May 24, 2022 Opinion or Order Filing 1256 TRANSCRIPT INFORMATION FORM by Joseph Cole Barleta re #1247 Notice of Interlocutory Appeal,,. Hearing Transcript transcript(s) ordered. Order placed by Andre G. Raikhelson, Esq. Email sent to Court Reporter Coordinator. (Raikhelson, Andre)
May 24, 2022 Opinion or Order Filing 1255 CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Brian Paul Miller re #1254 Notice of Change of Address, Email or Law Firm Name. Attorney Brian Paul Miller 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)
May 23, 2022 Opinion or Order Filing 1254 NOTICE of Change of Address, Email or Law Firm Name by Brian Paul Miller (Miller, Brian)
May 23, 2022 Opinion or Order Filing 1253 PAPERLESS ORDER denying #1214 Plaintiff Securities and Exchange Commission's Omnibus Motion for Final Judgments against Defendants Michael Furman, Joseph Cole Barleta, Joseph LaForte, and Lisa McElhone as MOOT due to the filing of #1252 Plaintiff Securities and Exchange Commission's Amended Omnibus Motion for Final Judgments against Defendants Michael Furman, Joseph Cole Barleta, Joseph LaForte, and Lisa McElhone. Signed by Judge Rodolfo A. Ruiz, II on 5/23/2022. (ob)
May 20, 2022 Opinion or Order Filing 1252 Amended MOTION for Judgment by Securities & Exchange Commission. (Berlin, Amie)
May 19, 2022 Opinion or Order Filing 1251 PAPERLESS ORDER denying #1224 Defendants LaForte, McElhone, and Cole's Motion to Strike Ponzi Allegations from Plaintiff's Omnibus Motion for Final Judgment ("Motion") and #1226 Defendants LaForte, McElhone, and Cole's Motion to Designate their Motion to Strike as an Expedited Motion as MOOT. As discussed at the hearing held on the Motion on May 19, 2022 [ECF No. 1249] the SEC will file a revised motion for final judgment removing the term "ponzi scheme" on or before May 20, 2022. Signed by Judge Rodolfo A. Ruiz, II on 5/19/2022. (ob)
May 19, 2022 Opinion or Order Filing 1250 ORDER GRANTING RECEIVER'S SEVENTH APPLICATION FOR ALLOWANCE AND PAYMENT OF PROFESSIONALS' FEES AND REIMBURSEMENT OF EXPENSES FOR JANUARY 1, 2022 - MARCH 31, 2022. Signed by Judge Rodolfo A. Ruiz, II on 5/19/2022. See attached document for full details. (ob)
May 19, 2022 Opinion or Order Filing 1249 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Evidentiary Motion Hearing held on 5/19/2022 re #1224 Defendant's MOTION to Strike #1214 MOTION for Judgment For Final Judgments Against Defendants McElhone, LaForte, Cole, and Furman Defendants LaForte, McElhone, and Cole's Motion to Strike Ponzi Allegations from Plaintiff's Omnibus Motion for Final Judgments, or in the Alternative, Motion to Withdraw/Be Relieved from their Consents, Vacate the Judgments of Permanent Injunction and Other Relief, and to Return the Case to the Active Docket filed by Joseph Cole Barleta, Lisa Mcelhone, Joseph W. LaForte, #1226 MOTION to Designate Their Motion to Strike and Alternative Motion to be Relieved from Consents and Judgements as an Expedited Motion, and Request for an Expedited Ruling re #1224 Defendant's MOTION to Strike #1214 MOTION for Judgment filed by Lisa Mcelhone. Argument heard. Order to follow. Attorney Appearance(s): David Lawrence Ferguson, Bettina Schein, Zachary Paul Hyman, Joshua Robert Levine, Alan S. Futerfas, Noah Elliot Snyder, Amie Riggle Berlin, Gaetan J. Alfano, Court Reporter: Ilona Lupowitz, 305-523-5634 / Ilona_lupowitz@flsd.uscourts.gov. (gp)
May 18, 2022 Opinion or Order Filing 1248 REPLY to Response to Motion re #1224 Defendant's MOTION to Strike #1214 MOTION for Judgment For Final Judgments Against Defendants McElhone, LaForte, Cole, and Furman Defendants LaForte, McElhone, and Cole's Motion to Strike Ponzi Allegations from Plaintiff' filed by Lisa Mcelhone. (Attachments: #1 Exhibit A)(Kaplan, James)
May 18, 2022 Opinion or Order Filing 1247 Notice of Interlocutory Appeal Pursuant to 28 U.S.C. 1292(a)(2) as to #1222 Order on Motion to Compel by Joseph Cole Barleta. Filing fee $ 505.00 receipt number AFLSDC-15647364. 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. (Raikhelson, Andre)
May 18, 2022 Opinion or Order Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #1247 Notice of Interlocutory Appeal. Notice has been electronically mailed. (hh)
May 17, 2022 Opinion or Order Filing 1246 MOTION Receiver's Seventh Application for Allowance and Payment of Professionals' Fees and Reimbursement of Expenses for January 1, 2022 - March 31, 2022 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, #13 Exhibit 5 - Proposed Order)(Kolaya, Timothy)
May 17, 2022 Opinion or Order Filing 1245 NOTICE of Change of Address, Email or Law Firm Name by Katie Brinson Hinton (Hinton, Katie)
May 16, 2022 Opinion or Order Filing 1244 PAPERLESS ORDER granting #1243 Daniel Scaramellino, One Nine Country Drive, LLC, and Michelle Scaramellino's Unopposed Joint Motion for Extension of Time to File Response in Opposition to Receiver's Expedited Motion to Expand Receivership. The Responding Parties' response is due or on before May 31, 2022. Signed by Judge Rodolfo A. Ruiz, II on 5/16/2022. (ob)
May 16, 2022 Opinion or Order Filing 1243 MOTION for Extension of Time to File Response/Reply/Answer as to #1180 EXPEDITED MOTION to Expand the Receivership to Include 19 Country Drive, Morristown, NJ 07960 re #141 Order by 19 Country Drive, LLC, Daniel Scaramellino, Michelle Scaramellino. (Hinton, Katie)
May 13, 2022 Opinion or Order Filing 1242 PAPERLESS ORDER granting #1241 Unopposed Motion to Withdraw as Counsel for Defendant Joseph LaForte. Fridman Fels & Soto, PLLC, Alejandro Soto, and Daniel Fridman are hereby withdrawn as counsel and relieved of any further responsibility as counsel for Defendant Joseph LaForte. Signed by Judge Rodolfo A. Ruiz, II on 5/13/2022. (ob)
May 13, 2022 Opinion or Order Filing 1241 Unopposed MOTION to Withdraw as Attorney by Alejandro O. Soto and Daniel S. Fridman for / by Joseph W. LaForte. Responses due by 5/27/2022 (Attachments: #1 Text of Proposed Order)(Soto, Alejandro)
May 13, 2022 Opinion or Order Filing 1240 ORDER DENYING MOTION FOR CERTIFICATION FOR INTERLOCUTORY APPEAL AND TO STAY PROCEEDINGS. Signed by Judge Rodolfo A. Ruiz, II on 5/13/2022. See attached document for full details. (ob)
May 13, 2022 Opinion or Order Filing 1239 RESPONSE in Opposition re #1224 Defendant's MOTION to Strike #1214 MOTION for Judgment For Final Judgments Against Defendants McElhone, LaForte, Cole, and Furman Defendants LaForte, McElhone, and Cole's Motion to Strike Ponzi Allegations from Plaintiff' filed by Securities & Exchange Commission. Replies due by 5/20/2022. (Attachments: #1 Exhibit A. Combined, #2 Exhibit B. 8-21-20 Hearing Transcript, #3 Exhibit C. 8-25-21 Hearing Transcript)(Berlin, Amie)
May 13, 2022 Opinion or Order Filing 1238 ORDER GRANTING RECEIVER'S TWENTY-SECOND MOTION TO LIFT LITIGATION INJUNCTION AS TO CERTAIN GARNISHMENT PROCEEDINGS. Signed by Judge Rodolfo A. Ruiz, II on 5/13/2022. See attached document for full details. (ob)
May 13, 2022 Opinion or Order Filing 1237 ORDER GRANTING RECEIVER'S MOTION TO LIFT LITIGATION INJUNCTION AS TO CERTAIN COUNTERPARTIES IN DEFAULT UNDER AGREEMENTS WITH COMPLETE BUSINESS SOLUTIONS GROUP, INC., CAPITAL SOURCE 2000, INC., OR CONTRACT FINANCING SOLUTIONS, INC. Signed by Judge Rodolfo A. Ruiz, II on 5/13/2022. See attached document for full details. (ob)
May 13, 2022 Opinion or Order Filing 1236 MOTION to lift Litigation Injunction as to Certain Garnishment Proceedings (22nd Motion) re #141 Order by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
May 13, 2022 Opinion or Order Filing 1235 MOTION to Lift Litigation Injunction as to Certain Counterparties in Default Under Agreements with Complete Business Solutions Group, Inc., Capital Source 2000, Inc., or Contract Financing Solutions, Inc. re #141 Order by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
May 11, 2022 Opinion or Order Filing 1234 Order on #1232 Notice. The Court is in receipt of the Notice filed by Michael C. Furman indicating that Furman intends to join in #1224 Joseph W. LaForte, Lisa McElhone, and Joseph Cole Barleta's Motion to Strike, presently set for oral argument on May 19, 2022. In the Notice, Furman indicates that he wishes to "supplement the record." Although the Notice is not a Motion seeking leave to supplement the record, the Court treats the Notice as a request to do so and that request is DENIED. Should defense counsel wish to add any additional argument, he may do so on the record during oral argument set for May 19, 2022 at 3:00 P.M. Signed by Judge Rodolfo A. Ruiz, II on 5/11/2022. (obt)
May 11, 2022 Opinion or Order Filing 1233 The Zoom hearing scheduled for May 19, 2022 at 3:00 P.M. can be accessed at # click here. Meeting ID: 160 482 1786 - Passcode: 023197 Signed by Judge Rodolfo A. Ruiz, II on 5/11/2022. (ob)
May 10, 2022 Opinion or Order Filing 1232 NOTICE by Michael C Furman re #1224 Defendant's MOTION to Strike #1214 MOTION for Judgment For Final Judgments Against Defendants McElhone, LaForte, Cole, and Furman Defendants LaForte, McElhone, and Cole's Motion to Strike Ponzi Allegations from Plaintiff' Notice of Joinder in Defendants' Motion to Strike (Hyman, Zachary)
May 10, 2022 Opinion or Order Filing 1231 PAPERLESS ORDER granting #1230 Defendant, Michael C. Furman's, Unopposed Motion for Extension of Time to File Response to Plaintiff's Omnibus Motion for Final Judgment. Defendant Furman's Response is due on or before July 1, 2022. No further extensions will be granted. Signed by Judge Rodolfo A. Ruiz, II on 5/10/2022. (ob)
May 10, 2022 Opinion or Order Filing 1230 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1214 MOTION for Judgment For Final Judgments Against Defendants McElhone, LaForte, Cole, and Furman by Michael C Furman. (Attachments: #1 Text of Proposed Order)(Hyman, Zachary)
May 10, 2022 Opinion or Order Set/Reset Deadline as to #1180 EXPEDITED MOTION to Expand the Receivership to Include 19 Country Drive, Morristown, NJ 07960 re #141 Order. Responses due by 5/16/2022. SEE DE 1229 ORDER (ail)
May 10, 2022 Opinion or Order Set/Reset Deadline as to #1214 MOTION for Judgment For Final Judgments Against Defendants McElhone, LaForte, Cole, and Furman. Responses due by 7/1/2022. SEE DE 1231 ORDER (ail)
May 9, 2022 Opinion or Order Filing 1229 PAPERLESS ORDER granting #1228 Daniel Scaramellino, One Nine Country Drive, LLC, and Michelle Scaramellino's Unopposed Joint Motion for Extension of Time to File Response in Opposition to #1180 Receiver's Expedited Motion to Expand Receivership. The Responding Parties must file a response on or before May 16, 2022. Signed by Judge Rodolfo A. Ruiz, II on 5/9/2022. (ob)
May 9, 2022 Opinion or Order Filing 1228 MOTION for Extension of Time to File Response/Reply/Answer as to #1180 EXPEDITED MOTION to Expand the Receivership to Include 19 Country Drive, Morristown, NJ 07960 re #141 Order by 19 Country Drive, LLC, Daniel Scaramellino, Michelle Scaramellino. Attorney Katie Brinson Hinton added to party 19 Country Drive, LLC(pty:res), Attorney Katie Brinson Hinton added to party Michelle Scaramellino(pty:res). (Hinton, Katie)
May 9, 2022 Opinion or Order Filing 1227 PAPERLESS ORDER setting a hearing on #1224 Defendants LaForte, McElhone, and Cole's Motion to Strike Ponzi Allegations from Plaintiff's Omnibus Motion for Final Judgments ("Motion") on May 19, 2022 at 3:00 P.M. via Zoom. As such, the Court requires an expedited briefing schedule on the Motion. Plaintiff must file a response on or before Friday, May 13, 2022. Defendants must file any reply on or before May 18, 2022. Instructions to access the Zoom hearing will be provided on the docket in advance of the hearing. Signed by Judge Rodolfo A. Ruiz, II on 5/9/2022. (ob)
May 6, 2022 Opinion or Order Filing 1226 MOTION to Designate Their Motion to Strike and Alternative Motion to be Relieved from Consents and Judgements as an Expedited Motion, and Request for an Expedited Ruling re #1224 Defendant's MOTION to Strike #1214 MOTION for Judgment For Final Judgments Against Defendants McElhone, LaForte, Cole, and Furman Defendants LaForte, McElhone, and Cole's Motion to Strike Ponzi Allegations from Plaintiff' by Lisa Mcelhone. (Kaplan, James)
May 6, 2022 Opinion or Order Filing 1225 Plaintiff's MOTION for Certificate of Appealability Regarding Courts Order Granting Receiver's Motion to Compel [D.E. 1222] by Joseph Cole Barleta. Responses due by 5/20/2022 (Raikhelson, Andre)
May 4, 2022 Opinion or Order Filing 1224 Defendant's MOTION to Strike #1214 MOTION for Judgment For Final Judgments Against Defendants McElhone, LaForte, Cole, and Furman Defendants LaForte, McElhone, and Cole's Motion to Strike Ponzi Allegations from Plaintiff's Omnibus Motion for Final Judgments, or in the Alternative, Motion to Withdraw/Be Relieved from their Consents, Vacate the Judgments of Permanent Injunction and Other Relief, and to Return the Case to the Active Docket by Joseph Cole Barleta, Joseph W. LaForte, Lisa Mcelhone. Responses due by 5/18/2022 (Attachments: #1 Exhibit Declaration of Joseph W. LaForte, #2 Exhibit Declaration of Lisa McElhone, #3 Exhibit Declaration of Joseph Cole Barleta)(Ferguson, David)
May 2, 2022 Opinion or Order Filing 1223 STATUS REPORT - Quarterly Status Report Dated May 2, 2022 by Ryan K Stumphauzer (Attachments: #1 Exhibit 1 - DSI's Quarterly Report, #2 Exhibit 2 - Net Asset Schedule, #3 Exhibit 3 - Pre-Receivership Summary of Cash Sources and Uses)(Kolaya, Timothy)
April 29, 2022 Opinion or Order Filing 1222 ORDER GRANTING RECEIVER'S MOTION TO COMPEL. Signed by Judge Rodolfo A. Ruiz, II on 4/29/2022. See attached document for full details. (ob)
April 26, 2022 Opinion or Order Filing 1221 PAPERLESS ORDER granting #1220 Defendants' Unopposed Motion for Extension of Time to File Response to Plaintiff's Omnibus Motion for Final Judgment. Defendants' Response is due on or before July 1, 2022. No further extensions will be granted. Signed by Judge Rodolfo A. Ruiz, II on 4/26/2022. (ob)
April 26, 2022 Opinion or Order Filing 1220 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1214 MOTION for Judgment For Final Judgments Against Defendants McElhone, LaForte, Cole, and Furman by Joseph Cole Barleta, Joseph W. LaForte, Lisa Mcelhone. (Attachments: #1 Text of Proposed Order)(Ferguson, David)
April 21, 2022 Opinion or Order Filing 1219 ORDER GRANTING THE RECEIVER'S MOTION TO LIFT THE LITIGATION INJUNCTION TO ALLOW COMMENCEMENT OF PROCEEDINGS AGAINST KINGDOM LOGISTICS LLC, KC LOGISTICS SALES LLC, KCII HOLDINGS LLC AND SCOTT HAIRE. Signed by Judge Rodolfo A. Ruiz, II on 4/21/2022. See attached document for full details. (ob)
April 21, 2022 Opinion or Order Filing 1218 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Zoom Motion Hearing held on 4/21/2022 re #1188 MOTION to Compel Defendant Joseph Cole Barleta to Comply with Court Orders filed by Ryan K Stumphauzer. Attorney Appearance(s): Bettina Schein, James Miller Kaplan, Amie Riggle Berlin, Timothy Andrew Kolaya, Gaetan J. Alfano, Ryan K Stumphauzer, Court Reporter: Glenda Powers, 305-523-5022 / Glenda_Powers@flsd.uscourts.gov. (gp)
April 21, 2022 Opinion or Order Filing 1217 PAPERLESS ORDER granting #1216 Defendant's Motion to Allow Counsel Bettina Schein to Appear without Local Counsel. Signed by Judge Rodolfo A. Ruiz, II on 4/21/2022. (ob)
April 21, 2022 Opinion or Order Filing 1216 Defendant's MOTION to Allow Lead Counsel to Appear At Hearing Without Local Counsel's Appearance re 1210 Order Setting Hearing on Motion,, by Joseph Cole Barleta. (Raikhelson, Andre)
April 21, 2022 Opinion or Order Filing 1215 MOTION to Lift Litigation Injunction to Allow Commencement of Collection Proceedings Involving Kingdom Logistics LLC, KC Logistics Sales LLC, KCII Holdings LLC, and Scott Haire re #141 Order by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Representative Copy of MCA Agreement, #2 Exhibit 2 - Summary of the 19 MCA Agreements, #3 Exhibit 3 - Note, #4 Exhibit 4 - Payment Report, #5 5 - Proposed Order)(Kolaya, Timothy)
April 15, 2022 Opinion or Order Filing 1214 MOTION for Judgment For Final Judgments Against Defendants McElhone, LaForte, Cole, and Furman by Securities & Exchange Commission. (Attachments: #1 Exhibit Exhibit 19, Declaration of Receiver, #2 Text of Proposed Order Proposed Final Judgment, McElhone and LaForte, #3 Text of Proposed Order Proposed Final Judgment, Cole, #4 Text of Proposed Order Proposed Final Judgment, Furman)(Berlin, Amie)
April 15, 2022 Opinion or Order Filing 1213 NOTICE by Securities & Exchange Commission of Filing Exhibits to Omnibus Motion for Final Judgments Against Defendants Joseph LaForte, Lisa McElhone, Joseph Cole Barleta and Michael Furman (Attachments: #1 Exhibit 1. Barleta PJI Report, #2 Exhibit 2. Furman PJI Report, #3 Exhibit 3. LaForte and McElhone PJI Report, #4 Exhibit 4. Barleta's 6-2-21 Depo Transcript, #5 Exhibit 5. 12-7-21 Trial Transcript, #6 Exhibit 6. 12-8-21 Trial Transcript, #7 Exhibit 7. 12-9-21 Trial Transcript, #8 Exhibit 8. 12-10-21 Trial Transcript, #9 Exhibit 9.12-13-21 Trial Transcript, #10 Exhibit 10. 12-14-21 Trial Transcript, #11 Exhibit 11. Furman's Response to Interrogatories, #12 Exhibit 12. Letter from Jeff Cox re Furman's Sworn Acctg, #13 Exhibit 13. LaForte's Objections and Responses to Interrogatories, #14 Exhibit 14. LaForte's Response to RFP, #15 Exhibit 15. McElhone's Response to Interrogatories, #16 Exhibit 16. McElhone's Response to RFP, #17 Exhibit 17. Barleta's Response to RFP, #18 Exhibit 18. McElhone's Deposition Transcript) (Berlin, Amie)
April 12, 2022 Opinion or Order Filing 1212 PAPERLESS ORDER granting #1211 Plaintiff's Unopposed Motion for Page Enlargement and for Three-Day Extension of Time to File Motion for Final Judgments. Plaintiffs Motion is due on or before April 15, 2022. Signed by Judge Rodolfo A. Ruiz, II on 4/12/2022. (ob)
April 12, 2022 Opinion or Order Filing 1211 Unopposed MOTION for Extension of Time 3 day Extension to File Motion for Final Judgments ( Responses due by 4/26/2022), MOTION for Leave to File Excess Pages by Securities & Exchange Commission. (Attachments: #1 Text of Proposed Order)(Berlin, Amie)
April 11, 2022 Opinion or Order Filing 1210 PAPERLESS ORDER rescheduling 1198 hearing on #1188 Receiver, Ryan K. Stumphauzer's Motion to Compel Defendant Joseph Cole Barleta to Comply with Court Orders. The hearing is rescheduled for April 21, 2022 at 10:30 A.M. via Zoom. The Zoom hearing can be accessed at # click here. Meeting ID: 160 482 1786 - Passcode: 023197 Signed by Judge Rodolfo A. Ruiz, II on 4/11/2022. (ob)
April 9, 2022 Opinion or Order Reset Deadlines per Order DE#1209 as to #1180 EXPEDITED MOTION to Expand the Receivership to Include 19 Country Drive, Morristown, NJ 07960 re #141 Order. Responses due by 5/9/2022. (drz)
April 9, 2022 Opinion or Order Filing 1209 ORDER GRANTING JOINT MOTION TO MODIFY ORDER ON RECEIVER'S EXPEDITED MOTION TO EXPAND RECEIVERSHIP TO INCLUDE 19 COUNTRY DRIVE, MORRISTOWN, NJ 07960 AND FOR EXTENSION OF TIME FOR RESPONSE TO MOTION TO EXPAND. Signed by Judge Rodolfo A. Ruiz, II on 4/8/2022. See attached document for full details. (ob)
April 8, 2022 Opinion or Order Filing 1208 Joint MOTION to Amend/Correct #1182 Order and for Extension of Time for Response to #1180 Expedited Motion to Expand the Receivership to Include 19 Country Drive, Morristown, NJ 07960 by Ryan K Stumphauzer. Responses due by 4/22/2022 (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
April 1, 2022 Opinion or Order Filing 1207 REPLY to Response to Motion re #1188 MOTION to Compel Defendant Joseph Cole Barleta to Comply with Court Orders filed by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Interagency Biographical and Financial Report)(Kolaya, Timothy)
April 1, 2022 Opinion or Order Filing 1206 ORDER GRANTING RECEIVER'S TWENTY-FIRST MOTION TO LIFT LITIGATION INJUNCTION AS TO CERTAIN GARNISHMENT PROCEEDINGS. Signed by Judge Rodolfo A. Ruiz, II on 3/31/2022. See attached document for full details. (ob)
April 1, 2022 Opinion or Order Filing 1205 PAPERLESS ORDER granting #1204 Daniel Scaramellino, One Nine Country Drive, LLC, and Michelle Scaramellino's Unopposed Joint Motion for Extension of Time to File Response in Opposition to Receiver's Expedited Motion to Expand Receivership. The Responding Parties shall respond on or before April 8, 2022. Signed by Judge Rodolfo A. Ruiz, II on 4/1/2022. (ob)
April 1, 2022 Opinion or Order Filing 1204 Unopposed MOTION for Extension of Time File Response in Opposition to Receiver's Expedited Motion to Expand Receivership by 19 Country Drive, LLC, Daniel Scaramellino, Michelle Scaramellino. Responses due by 4/15/2022 (Hinton, Katie)
April 1, 2022 Opinion or Order Reset Deadlines per Order DE# 1205 - as to #1180 EXPEDITED MOTION to Expand the Receivership to Include 19 Country Drive, Morristown, NJ 07960 re #141 Order. Responses due by 4/8/2022 (drz)
March 31, 2022 Opinion or Order Filing 1203 NOTICE of Settlement with Dean J. Vagnozzi by Ryan K Stumphauzer (Kolaya, Timothy)
March 31, 2022 Opinion or Order Filing 1202 NOTICE of Settlement with Perry S. Abbonizio by Ryan K Stumphauzer (Kolaya, Timothy)
March 31, 2022 Opinion or Order Filing 1201 MOTION to Lift Litigation Injunction as to Certain Garnishment Proceedings (21st Motion) re #141 Order by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
March 30, 2022 Opinion or Order Filing 1200 NOTICE of Attorney Appearance by Noah Elliot Snyder on behalf of Lisa Mcelhone. Attorney Noah Elliot Snyder added to party Lisa Mcelhone(pty:dft). (Snyder, Noah)
March 30, 2022 Opinion or Order Filing 1199 NOTICE of Attorney Appearance by James Miller Kaplan on behalf of Lisa Mcelhone. Attorney James Miller Kaplan added to party Lisa Mcelhone(pty:dft). (Kaplan, James)
March 29, 2022 Opinion or Order Reset Hearings as to #1188 MOTION to Compel Defendant Joseph Cole Barleta to Comply with Court Orders per Order DE# 1198 . Motion Hearing set for 4/22/2022 10:00 AM via Zoom before Judge Rodolfo A. Ruiz II. (drz)
March 29, 2022 Opinion or Order Filing 1198 PAPERLESS ORDER granting #1197 Defendant Joseph Cole Barleta's Motion to Adjourn Hearing to April 19th or a Later Date. The hearing on #1188 Receiver, Ryan K. Stumphauzer's Motion to Compel Defendant Joseph Cole Barleta to Comply with Court Orders is rescheduled for April 22, 2022 at 10:00 A.M. via Zoom. The Zoom hearing can be accessed at # click here. Meeting ID: 160 482 1786 - Passcode: 023197 Signed by Judge Rodolfo A. Ruiz, II on 3/29/2022. (ob)
March 29, 2022 Opinion or Order Filing 1197 Unopposed MOTION to Continue / Adjourn re 1196 Order,, Set/Reset Motion/R&R Deadlines and Hearings by Joseph Cole Barleta. Responses due by 4/12/2022 (Raikhelson, Andre)
March 28, 2022 Opinion or Order Filing 1196 PAPERLESS ORDER requesting that Receiver file a Reply to #1195 Defendant Joseph Cole Barleta's Opposition to the Receiver's Motion to Compel on or before April 1, 2022. Furthermore, the Court will hold a hearing on #1188 Receiver, Ryan K. Stumphauzer's Motion to Compel Defendant Joseph Cole Barleta to Comply with Court Orders via Zoom on April 4, 2022 at 2:00 P.M. The Zoom hearing can be accessed at # click here. Meeting ID: 160 482 1786 - Passcode: 023197 Signed by Judge Rodolfo A. Ruiz, II on 3/28/2022. (ob)
March 28, 2022 Opinion or Order Hearings as to #1188 MOTION to Compel Defendant Joseph Cole Barleta to Comply with Court Orders . Motion Hearing set for 4/4/2022 02:00 PM before Judge Rodolfo A. Ruiz II. Per 1196 Paperless Order. (gp)
March 25, 2022 Opinion or Order Filing 1195 RESPONSE in Opposition re #1188 MOTION to Compel Defendant Joseph Cole Barleta to Comply with Court Orders filed by Joseph Cole Barleta. Replies due by 4/1/2022. (Raikhelson, Andre)
March 25, 2022 Opinion or Order Filing 1194 PAPERLESS ORDER granting #1193 Daniel Scaramellino, One Nine Country Drive, LLC, and Michelle Scaramellino's Unopposed Joint Motion for Extension of Time to File Response in Opposition to Receiver's Expedited Motion to Expand Receivership. The Responding Parties shall respond on or before April 1, 2022. Signed by Judge Rodolfo A. Ruiz, II on 3/25/2022. (ob)
March 25, 2022 Opinion or Order Filing 1193 Agreed MOTION for Extension of Time to File Response/Reply/Answer as to #1180 EXPEDITED MOTION to Expand the Receivership to Include 19 Country Drive, Morristown, NJ 07960 re #141 Order, #1182 Order by Daniel Scaramellino, Michelle Scaramellino. (Hinton, Katie)
March 25, 2022 Opinion or Order Reset Deadlines per paperless order dE# 1194 as to #1180 EXPEDITED MOTION to Expand the Receivership to Include 19 Country Drive, Morristown, NJ 07960 re #141 Order. Responses due by 4/1/2022 (drz)
March 23, 2022 Opinion or Order Filing 1192 ORDER GRANTING RECEIVER'S MOTION TO LIFT LITIGATION INJUNCTION AS TO CERTAIN COUNTERPARTIES IN DEFAULT UNDER AGREEMENTS WITH COMPLETE BUSINESS SOLUTIONS GROUP, INC. Signed by Judge Rodolfo A. Ruiz, II on 3/23/2022. See attached document for full details. (ob)
March 23, 2022 Opinion or Order Filing 1191 MOTION to Lift Litigation Injunction as to Certain Counterparties in Default Under Agreements with Complete Business Solutions Group, Inc. re #141 Order by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
March 21, 2022 Opinion or Order Filing 1190 NOTICE of Attorney Appearance by James David Silver on behalf of 19 Country Drive, LLC, Michelle Scaramellino. Attorney James David Silver added to party 19 Country Drive, LLC(pty:res), Attorney James David Silver added to party Michelle Scaramellino(pty:res). (Silver, James)
March 20, 2022 Opinion or Order Filing 1189 PAPERLESS ORDER requiring an expedited response from Defendant Joseph Cole Barleta on or before March 25, 2022. The Receiver need not provide a reply unless requested by the Court. Signed by Judge Rodolfo A. Ruiz, II on 3/19/2022. (ob)
March 19, 2022 Opinion or Order Filing 1188 MOTION to Compel Defendant Joseph Cole Barleta to Comply with Court Orders by Ryan K Stumphauzer. Responses due by 4/4/2022 (Attachments: #1 Exhibit 1 - Discovery Requests to Joseph Cole Barleta, #2 Exhibit 2 - Email Dated February 21, 2022, #3 Exhibit 3 - Emails Dated March 7 and 9, 2022, #4 Exhibit 4 - Proposed Order)(Kolaya, Timothy)
March 14, 2022 Opinion or Order Filing 1187 ORDER GRANTING RECEIVER'S MOTION TO LIFT LITIGATION INJUNCTION AS TO CERTAIN COUNTERPARTIES IN DEFAULT UNDER AGREEMENTS WITH COMPLETE BUSINESS SOLUTIONS GROUP, INC. Signed by Judge Rodolfo A. Ruiz, II on 3/14/2022. See attached document for full details. (ob)
March 14, 2022 Opinion or Order Filing 1186 MOTION to Lift Litigation Injunction as to Certain Counterparties in Default Under Agreements with Complete Business Solutions Group, Inc. re #141 Order by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
March 14, 2022 Opinion or Order Filing 1184 NOTICE of Compliance by Ryan K Stumphauzer re #1182 Order (Attachments: #1 Exhibit 1 - Confirmation of Service on Daniel Scaramellino, #2 Exhibit 2 - Confirmation of Service on One Nine Country Drive, LLC) (Kolaya, Timothy)
March 11, 2022 Opinion or Order Filing 1185 ORDER STRIKING #1183 Notice of Unavailability filed by Katie Brinson Hinton, Daniel Scaramellino. Signed by Judge Rodolfo A. Ruiz, II on 3/11/2022. See attached document for full details. (drz)
March 11, 2022 Opinion or Order Set/Reset Deadlines/Hearings as to #1180 EXPEDITED MOTION to Expand the Receivership to Include 19 Country Drive, Morristown, NJ 07960 re #141 Order. (Per Order DE#1185 ) Responses due by 3/24/2022 (drz)
March 11, 2022 Opinion or Order Filing 1183 STRICKEN PER ORDER DE#1185 -NOTICE OF UNAVAILABILITY by Daniel Scaramellino, Katie Brinson Hinton for dates of March 10, 2022 through March 16, 2022 (Hinton, Katie) Modified on 3/14/2022 (drz).
March 10, 2022 Opinion or Order Filing 1182 ORDER ON RECEIVER'S EXPEDITED MOTION TO EXPAND RECEIVERSHIP TO INCLUDE 19 COUNTRY DRIVE, MORRISTOWN, NJ 07960. Signed by Judge Rodolfo A. Ruiz, II on 3/10/2022. See attached document for full details. (ob)
March 10, 2022 Opinion or Order Filing 1181 REPLY to Response to Motion re #1129 MOTION for New Trial filed by Michael C Furman. (Hyman, Zachary)
March 9, 2022 Opinion or Order Filing 1180 EXPEDITED MOTION to Expand the Receivership to Include 19 Country Drive, Morristown, NJ 07960 re #141 Order by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Loan Agreement and Secured Convertible Line of Credit, #2 Exhibit 2 - Check Image from Eagle Six Account, #3 Exhibit 3 -Excerpt of Statement for Checking Account, #4 Exhibit 4 - Excerpt of Statement for Savings Account, #5 Exhibit 5 -Excerpt of Statement for Checking Account, #6 Exhibit 6 - Excerpt of Statement for Checking Account, #7 Exhibit 7 - Deed for Sale of 19 Country Drive, #8 Exhibit 8 - Quitclaim Deed for Transfer of 19 Country Drive, #9 Exhibit 9 - Listing from Coldwell Banker Homes Website, #10 Exhibit 10 - Listing Data from MLS, #11 Exhibit 11 - Proposed Order)(Kolaya, Timothy)
March 3, 2022 Opinion or Order Filing 1179 ORDER DENYING MOTION TO LIFT LITIGATION STAY AND MOTION TO INTERVENE. Signed by Judge Rodolfo A. Ruiz, II on 3/2/2022. See attached document for full details. (ob)
March 3, 2022 Opinion or Order Filing 1178 PAPERLESS ORDER granting #1177 Defendant, Michael C. Furman's, Second Unopposed Motion for Extension of Time to File Reply. Defendant's reply is due on or before March 11, 2022. Signed by Judge Rodolfo A. Ruiz, II on 3/3/2022. (ob)
March 3, 2022 Opinion or Order Filing 1177 Second MOTION for Extension of Time To File Reply to Motion for New Trial re #1129 MOTION for New Trial by Michael C Furman. Responses due by 3/17/2022 (Hyman, Zachary)
March 3, 2022 Opinion or Order Reset Deadline as to #1129 MOTION for New Trial per Order DE# 1178 . Replies due by 3/11/2022. (drz)
March 2, 2022 Opinion or Order Filing 1176 ORDER GRANTING RECEIVER'S SIXTH APPLICATION FOR ALLOWANCE AND PAYMENT OF PROFESSIONALS' FEES AND REIMBURSEMENT OF EXPENSES FOR OCTOBER 1, 2021 - DECEMBER 31, 2021. Signed by Judge Rodolfo A. Ruiz, II on 3/2/2022. See attached document for full details. (ob)
March 1, 2022 Opinion or Order Filing 1175 RESPONSE in Opposition re #1152 MOTION Lift Stay as to Parker Action filed by Ryan K Stumphauzer. Replies due by 3/8/2022. (Kolaya, Timothy)
March 1, 2022 Opinion or Order Filing 1174 MOTION to Intervene AND MEMORANDUM TO INTERVENE TO FILE A RESPONSE IN OPPOSITION TO NON-PARTIES MARK NARDELLI, FRANCIS CASSIDY, DAVID GOLLNER, AND CHRISTOPHER MCMORROWS MOTION TO LIFT LITIGATION STAY by Eckert Seamans Cherin & Mellott, LLC, John Pauciulo. (Attachments: #1 Exhibit 1)(Damian, Melanie)
March 1, 2022 Opinion or Order Filing 1173 RESPONSE in Opposition re #1153 MOTION Receiver's Sixth Application for Allowance and Payment of Professionals' Fees and Reimbursement of Expenses for October 1, 2021 - December 31, 2021 filed by Joseph W. LaForte. Replies due by 3/8/2022. (Levine, Joshua)
February 28, 2022 Opinion or Order Filing 1172 PAPERLESS ORDER Vacating Court's Order Setting Zoom Status Conference ECF No. 1171 ("Order"). The Order was filed in the incorrect case. Accordingly, the Order is VACATED. Signed by Judge Rodolfo A. Ruiz, II on 2/28/2022. (jb)
February 28, 2022 Opinion or Order Filing 1171 VACATEDPAPERLESS ORDER Setting Zoom Status Conference. Signed by Judge Rodolfo A. Ruiz, II on 2/28/2022. (jb) Modified text - vacated per (1172) Order on 2/28/2022 (gp).
February 28, 2022 Opinion or Order Filing 1170 PAPERLESS ORDER requiring a response by Defendant Joseph LaForte per #1158 Defendant Joseph LaForte's Notice of Intent to Respond to the Receiver's Sixth Application for Allowance and Payment of Professionals' Fees and Reimbursement of Expenses no later than tomorrow, March 1, 2022 at 5:00 P.M. Signed by Judge Rodolfo A. Ruiz, II on 2/28/2022. (jb)
February 25, 2022 Opinion or Order Filing 1169 FINAL JUDGMENT AS TO DEFENDANT PERRY S. ABBONIZIO granting #1166 Unopposed Motion for Entry of Final Judgment Against Defendant Perry S. Abbonizio. Signed by Judge Rodolfo A. Ruiz, II on 2/24/2022. See attached document for full details. (drz)
February 25, 2022 Opinion or Order Filing 1168 CLERK'S NOTICE of Destruction of Exhibits re DE#1126 per DE#1141 on 02/25/2025 pursuant to Local Rule 5.3.C (drz)
February 24, 2022 Opinion or Order Filing 1167 ORDER granting #1164 Receiver's Motion to Lift Litigation Injunction as to Certain Counterparties in Default Under Agreements with Complete Business Solutions Group, Inc.. Signed by Judge Rodolfo A. Ruiz, II on 2/23/2022. See attached document for full details. (drz)
February 24, 2022 Opinion or Order Filing 1166 Unopposed MOTION for Judgment Motion for Entry of Final Judgment Against Perry S. Abbonizio by Securities & Exchange Commission. (Attachments: #1 Exhibit A. Final Judgment, #2 Exhibit B. Consent and Judgment)(Berlin, Amie)
February 24, 2022 Opinion or Order Filing 1165 AMENDED FINAL JUDGMENT AS TO DEFENDANT DEAN J. VAGNOZZI granting #1163 Unopposed MOTION for Judgment For Entry of Amended Final Judgment Against Dean J Vagnozzi. Signed by Judge Rodolfo A. Ruiz, II on 2/23/2022. See attached document for full details. (drz)
February 23, 2022 Opinion or Order Filing 1164 MOTION to Lift Litigation Injunction as to Certain Counterparties in Default Under Agreements with Complete Business Solutions Group, Inc. re #141 Order by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
February 23, 2022 Opinion or Order Filing 1163 Unopposed MOTION for Judgment For Entry of Amended Final Judgment Against Dean J Vagnozzi by Securities & Exchange Commission. (Attachments: #1 Text of Proposed Order)(Berlin, Amie)
February 18, 2022 Opinion or Order Filing 1162 PAPERLESS ORDER granting #1161 Plaintiff's Unopposed Motion for a Four-Day Extension of Time to File a Consent Judgment with Respect to Defendant Perry S. Abbonizio. The Securities and Exchange Commission shall have until February 25, 2022 to File a Consent Judgment with Respect to Defendant Perry Abbonizio. Signed by Judge Rodolfo A. Ruiz, II on 2/18/2022. (ob)
February 18, 2022 Opinion or Order Filing 1161 Unopposed MOTION for Extension of Time to File Consent Judgment With Respect to Defendant Perry S. Abbonizio by Securities & Exchange Commission. Responses due by 3/4/2022 (Attachments: #1 Text of Proposed Order)(Berlin, Amie)
February 17, 2022 Opinion or Order Filing 1160 FINAL JUDGMENT AS TO DEFENDANT DEAN J. VAGNOZZI. Signed by Judge Rodolfo A. Ruiz, II on 2/17/2022. See attached document for full details. (ob)
February 17, 2022 Opinion or Order Filing 1159 Unopposed MOTION for Judgment Unopposed Motion for Entry of Final Judgment Against Dean J. Vagnozzi by Securities & Exchange Commission. (Attachments: #1 Exhibit A. Final Judgment, #2 Exhibit B. Consent and Judgment)(Berlin, Amie)
February 16, 2022 Opinion or Order Filing 1158 NOTICE by Joseph W. LaForte re #1153 MOTION Receiver's Sixth Application for Allowance and Payment of Professionals' Fees and Reimbursement of Expenses for October 1, 2021 - December 31, 2021 Notice of Intent to Respond (Ferguson, David)
February 16, 2022 Opinion or Order Filing 1157 PAPERLESS ORDER granting #1155 Defendant, Michael C. Furman's, Unopposed Motion for Extension of Time to File Reply. Defendant must reply on or before March 3, 2022. Signed by Judge Rodolfo A. Ruiz, II on 2/16/2022. (ob)
February 16, 2022 Opinion or Order Set Deadlines/Hearings as to #1129 MOTION for New Trial . Replies due by 3/3/2022. Per d.e. 1157 Order. (mee)
February 15, 2022 Opinion or Order Filing 1156 ORDER GRANTING RECEIVER'S MOTION TO EXPAND RECEIVERSHIP TO INCLUDE ALB MANAGEMENT, INC. granting #1151 Motion to Expand the Receivership. Signed by Judge Rodolfo A. Ruiz, II on 2/15/2022. See attached document for full details. (pcs)
February 15, 2022 Opinion or Order Set Deadlines/Hearings as to #1152 MOTION Lift Stay as to Parker Action . Responses due by 3/1/2022 per d.e. 1154 Order. (mee)
February 15, 2022 Opinion or Order Filing 1155 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1129 MOTION for New Trial , #1146 Response in Opposition to Motion by Michael C Furman. (Attachments: #1 Text of Proposed Order)(Hyman, Zachary)
February 15, 2022 Opinion or Order Filing 1154 PAPERLESS ORDER requesting that Receiver respond to #1152 Motion to Lift Litigation Stay; Incorporated Memorandum of Law on or before March 1, 2022. Signed by Judge Rodolfo A. Ruiz, II on 2/15/2022. (ob)
February 15, 2022 Opinion or Order Filing 1153 MOTION Receiver's Sixth Application for Allowance and Payment of Professionals' Fees and Reimbursement of Expenses for October 1, 2021 - December 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 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)
February 15, 2022 Opinion or Order Filing 1152 MOTION Lift Stay as to Parker Action by Mark Nardelli, David Gollner, Francis Cassidy, Christopher McMorrow. Attorney Jonathan Eric Minsker added to party Mark Nardelli(pty:mov), Attorney Jonathan Eric Minsker added to party David Gollner(pty:mov), Attorney Jonathan Eric Minsker added to party Francis Cassidy(pty:mov), Attorney Jonathan Eric Minsker added to party Christopher McMorrow(pty:mov). (Attachments: #1 Exhibit Ex. A - Complaint in Parker Action, #2 Exhibit Ex. B - Motion to Stay Parker Action, #3 Exhibit Ex. C - Order Staying Parker Action, #4 Text of Proposed Order [Proposed] Order Granting Motion to Lift Stay as to Parker Action)(Minsker, Jonathan)
February 14, 2022 Opinion or Order Filing 1151 MOTION to Expand the Receivership Estate to Include ALB Management, Inc. re #141 Order by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Worksheet from CBSG's Books and Records, #2 Exhibit 2 - Email Chain Between Joseph Cole Barleta and William Bromley, #3 Exhibit 3 - Worksheet from CS2000's Books and Records, #4 Exhibit 4 - Proposed Order)(Kolaya, Timothy)
February 13, 2022 Opinion or Order Filing 1150 ORDER GRANTING RECEIVER'S TWENTIETH MOTION TO LIFTLITIGATION INJUNCTION AS TO CERTAIN GARNISHMENT PROCEEDINGS. Signed by Judge Rodolfo A. Ruiz, II on 2/12/2022. See attached document for full details. (ob)
February 12, 2022 Opinion or Order Filing 1149 MOTION to Lift Litigation Injunction as to Certain Garnishment Proceedings (20th Motion) re #141 Order by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
February 10, 2022 Opinion or Order Filing 1148 PAPERLESS ORDER granting #1147 Plaintiff's Unopposed Motion for Leave to File One Omnibus Motion for Relief against Defendants Furman, McElhone, LaForte, and Barleta, and for additional time. Securities and Exchange Commission shall file one omnibus motion requesting the specific disgorgement and penalty amounts against Defendants Furman, McElhone, Barleta and LaForte and for a permanent injunction against Defendant Furman on or before April 12, 2022. Signed by Judge Rodolfo A. Ruiz, II on 2/10/2022. (ob)
February 10, 2022 Opinion or Order Filing 1147 Unopposed MOTION for Leave to File One Omnibus Motion for Relief Against Defendants Furman, McElhone, LaForte and Barleta and for Additional Time , MOTION for Extension of Time ( Responses due by 2/24/2022) by Securities & Exchange Commission. (Attachments: #1 Text of Proposed Order)(Berlin, Amie)
February 9, 2022 Opinion or Order Filing 1146 RESPONSE in Opposition re #1129 MOTION for New Trial filed by Securities & Exchange Commission. Replies due by 2/16/2022. (Johnson, Alise)
February 9, 2022 Opinion or Order Filing 1145 ORDER GRANTING RECEIVER'S MOTION TO LIFT LITIGATION INJUNCTION AS TO CERTAIN COUNTERPARTIES IN DEFAULT UNDER AGREEMENTS WITH COMPLETE BUSINESS SOLUTIONS GROUP, INC. Signed by Judge Rodolfo A. Ruiz, II on 2/9/2022. See attached document for full details. (ob)
February 9, 2022 Opinion or Order Filing 1144 MOTION to Lift Litigation Injunction as to Certain Counterparties in Default Under Agreements with Complete Business Solutions Group, Inc. re #141 Order by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
February 8, 2022 Opinion or Order Filing 1143 PAPERLESS ORDER granting #1142 Plaintiff Securities and Exchange Commission's Unopposed Motion for Additional Pages for Response to Motion for New Trial. Plaintiff is permitted to exceed the page limit by 6 pages. Signed by Judge Rodolfo A. Ruiz, II on 2/8/2022. (ob)
February 8, 2022 Opinion or Order Filing 1142 Unopposed MOTION for Leave to File Excess Pages for Response to Motion for New Trial by Securities & Exchange Commission. (Attachments: #1 Text of Proposed Order)(Johnson, Alise)
February 2, 2022 Opinion or Order Filing 1141 CLERK'S NOTICE of Intent to Dispose of Defendant's Paper Exhibits pursuant to Local Rule 5.3.C. See DE#126 . Response to Clerks Order of Intent to Dispose of Exhibits due by 2/23/2022. (drz) Modified Text on 2/3/2022 (drz).
January 31, 2022 Opinion or Order Filing 1140 STATUS REPORT - Receiver's Quarterly Status Report Dated January 31, 2022 by Ryan K Stumphauzer (Attachments: #1 Exhibit 1 - Quarterly Report from DSI)(Kolaya, Timothy)
January 27, 2022 Opinion or Order Filing 1139 CLERK'S Third Notice of Noncompliance: Failure to Electronically File Exhibit(s) sent to Defendant Re D.E. 1136 Clerk's Exhibit/Notices,,. Exhibit Numbers: Defendant's Paper Exhibits Unless otherwise ordered by the Court, within ten (10) days of the conclusion of a hearing or trial, a party must file in the CM/ECF system (a) an electronic version of each documentary exhibit that the party offered or introduced into evidence and (b) a digital photograph of each non-documentary physical exhibit that the party offered or introduced into evidence. See Local Rule 5.3(b)(3) for exemptions to mandatory electronic filing. Attorney(s)/Party(s) Defendant shall file exhibits and a certificate of compliance within three days. For retrieval information, please contact the Clerks Office - Records Section of the U.S. Federal Building and Courthouse, 299 East Broward Boulevard #108, Fort Lauderdale, FL 33301, (954) 769-5400. Clerk - check for certificate of compliance on 1/31/2022. (drz)
January 25, 2022 Opinion or Order Filing 1138 PAPERLESS ORDER granting #1137 Plaintiff's Unopposed Motion for Extension of Time to File Response to Michael Furman's Motion for a New Trial. Plaintiff shall file a response to Defendant Michael Furman's Motion for New Trial on or before February 9, 2022. Signed by Judge Rodolfo A. Ruiz, II on 1/25/2022. (ob)
January 25, 2022 Opinion or Order Filing 1137 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1129 MOTION for New Trial by Securities & Exchange Commission. (Attachments: #1 Text of Proposed Order)(Johnson, Alise)
January 19, 2022 Opinion or Order Filing 1136 CLERK'S Second Notice Directing Defendant's Counsel to Retrieve Exhibit(s) sent to Defendant Re D.E. 1128 Clerk's Exhibit/Notices,,. Exhibit Numbers: Defendant's Paper Exhibits Attorney(s)/Party(s) Defendant shall retrieve original exhibits within five days. For retrieval information, please contact the Clerks Office - Records Section of the U.S. Federal Building and Courthouse, 299 East Broward Boulevard #108, Fort Lauderdale, FL 33301, (954) 769-5400. (drz)
January 18, 2022 Opinion or Order Filing 1135 ORDER GRANTING RECEIVER'S NINETEENTH MOTION TO LIFT LITIGATION INJUNCTION AS TO CERTAIN GARNISHMENT PROCEEDINGS. Signed by Judge Rodolfo A. Ruiz, II on 1/18/2022. See attached document for full details. (ob)
January 17, 2022 Opinion or Order Filing 1134 MOTION to Lift Litigation Injunction as to Certain Garnishment Proceedings (19th Motion) re #141 Order by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
January 14, 2022 Opinion or Order Filing 1133 FINAL JUDGMENT AGAINST DEFENDANT JOHN GISSAS. Signed by Judge Rodolfo A. Ruiz, II on 1/14/2022. See attached document for full details. (ob)
January 14, 2022 Opinion or Order Filing 1132 NOTICE of Striking #1130 Unopposed MOTION for Judgment For Entry of Final Judgment filed by Securities & Exchange Commission by Securities & Exchange Commission (Berlin, Amie)
January 13, 2022 Opinion or Order Filing 1131 Unopposed MOTION for Judgment For Entry of Final Judgment by Securities & Exchange Commission. (Attachments: #1 Exhibit A. Final Judgment, #2 Exhibit B. Consent and Judgment)(Berlin, Amie)
January 13, 2022 Opinion or Order Filing 1130 STRICKEN PER DE#1132 -Unopposed MOTION for Judgment For Entry of Final Judgment by Securities & Exchange Commission. (Attachments: #1 Exhibit A. Final Judgment, #2 Exhibit B. Consent and Judgment)(Berlin, Amie) Modified on 1/14/2022 (drz).
January 12, 2022 Opinion or Order Filing 1129 MOTION for New Trial by Michael C Furman. (Hyman, Zachary)
January 11, 2022 Opinion or Order Filing 1128 CLERK'S Notice Directing Defendant's Counsel to Retrieve Exhibit(s) sent to Defendant Re D.E. #1126 Certificate of Compliance Re Admitted Evidence,,. Exhibit Numbers: Defendant's Paper Exhibits Attorney(s)/Party(s) Defendant shall retrieve original exhibits within five days. For retrieval information, please contact the Clerks Office - Records Section of the U.S. Federal Building and Courthouse, 299 East Broward Boulevard #108, Fort Lauderdale, FL 33301, (954) 769-5400. (drz)
January 10, 2022 Opinion or Order Filing 1127 CLERK'S Notice of Maintaining Plaintiff's Audio-Visual Exhibit(s) received from Plaintiff Re D.E. #1116 Exhibit and Witness List. Exhibit Numbers: Zip Drive (drz)
January 10, 2022 Opinion or Order Filing 1126 CERTIFICATE of Compliance Re Admitted Evidence by Elroy M John, Jr on behalf of Michael C Furman (Attachments: #1 Exhibit CBSG Funding Analysis, #2 Exhibit CBSG Fidelis Financial Planning LLC - Purchase Agreement 10/15/18, #3 Exhibit CBSG Form D Filing, #4 Exhibit Accredited Investor Package for Henry A. Barth III, dated March 4, 2019, #5 Exhibit Accredited Investor Package for Cama Plan FBO Henry A. Barth III IRA, dated February 24, 2020, #6 Exhibit Accredited Investor Package for Frank Nash, dated October 17, 2018, #7 Exhibit Accredited Investor Package for Debra Reikes, dated February 28, 2019) (John, Elroy)
January 5, 2022 Opinion or Order Filing 1125 CLERK'S Notice of Release of Plaintiff's Exhibit(s) provided to Plaintiff Re D.E. 1123 Clerk's Exhibit/Notices,,. Exhibit Numbers: Plaintiff's Paper Exhibits Released to Attorney(s)/Party(s) Plaintiff. (drz)
January 5, 2022 Opinion or Order Filing 1124 CLERK'S Notice of Defendant's Noncompliance: Failure to Electronically File Exhibit(s) sent to Defendant Re D.E. 1109 Clerk's Exhibit/Notices. Exhibit Numbers: Defendant's Paper Exhibits Unless otherwise ordered by the Court, within ten (10) days of the conclusion of a hearing or trial, a party must file in the CM/ECF system (a) an electronic version of each documentary exhibit that the party offered or introduced into evidence and (b) a digital photograph of each non-documentary physical exhibit that the party offered or introduced into evidence. See Local Rule 5.3(b)(3) for exemptions to mandatory electronic filing. Attorney(s)/Party(s) Defendant shall file exhibits and a certificate of compliance within three days. Clerk - check for certificate of compliance on 1/10/2022. (drz)
January 5, 2022 Opinion or Order Filing 1123 CLERK'S Notice Directing Plaintiff's Counsel to Retrieve Exhibit(s) sent to Plaintiff Re D.E. #1122 Certificate of Compliance Re Admitted Evidence, #1121 Certificate of Compliance Re Admitted Evidence,,,,,. Exhibit Numbers: Plaintiff's Paper Exhibits Attorney(s)/Party(s) Plaintiff shall retrieve original exhibits within five days. For retrieval information, please contact the Clerks Office - Records Section of the U.S. Federal Building and Courthouse, 299 East Broward Boulevard #108, Fort Lauderdale, FL 33301, (954) 769-5400. (drz)
January 4, 2022 Opinion or Order Filing 1122 Plaintiff's CERTIFICATE of Compliance Re Admitted Evidence by Amie Riggle Berlin on behalf of Securities & Exchange Commission (Attachments: #1 Exhibit P-219) (Berlin, Amie)
January 4, 2022 Opinion or Order Filing 1121 Plaintiff's CERTIFICATE of Compliance Re Admitted Evidence by Amie Riggle Berlin on behalf of Securities & Exchange Commission (Attachments: #1 Exhibit P-4, #2 Exhibit P-5, #3 Exhibit P-6, #4 Exhibit P-18, #5 Exhibit P-19, #6 Exhibit P-20, #7 Exhibit P-36, #8 Exhibit P-39, #9 Exhibit P-43, #10 Exhibit P-45, #11 Exhibit P-49, #12 Exhibit P-51, #13 Exhibit P-52, #14 Exhibit P-53, #15 Exhibit P-55, #16 Exhibit P-56, #17 Exhibit P-64, #18 Exhibit P-86, #19 Exhibit P-96, #20 Exhibit P-99, #21 Exhibit P-103, #22 Exhibit P-104, #23 Exhibit P-144, #24 Exhibit P-176, #25 Exhibit P-192, #26 Exhibit P-205, #27 Exhibit P-215, #28 Exhibit P-270, #29 Exhibit P-288, #30 Exhibit P-389, #31 Exhibit P-410, #32 Exhibit P-415, #33 Exhibit P-424, #34 Exhibit P-526, #35 Exhibit P-549, #36 Exhibit P-550, #37 Exhibit P-551, #38 Exhibit P-552, #39 Exhibit P-553, #40 Exhibit P-554, #41 Exhibit P-556, #42 Exhibit P-558, #43 Exhibit P-559, #44 Exhibit P-560, #45 Exhibit P-563, #46 Exhibit P-567, #47 Exhibit P-572, #48 Exhibit P-573, #49 Exhibit P-574, #50 Exhibit P-576, #51 Exhibit P-578, #52 Exhibit P-579, #53 Exhibit P-585, #54 Exhibit P-586, #55 Exhibit P-587) (Berlin, Amie)
January 3, 2022 Opinion or Order SYSTEM ENTRY - Docket Entry 1120 [misc] restricted/sealed until further notice. (926169)
December 30, 2021 Opinion or Order Filing 1119 NOTICE of Attorney Appearance by Katie Brinson Hinton on behalf of Daniel Scaramellino. Attorney Katie Brinson Hinton added to party Daniel Scaramellino(pty:ip). (Hinton, Katie)
December 30, 2021 Opinion or Order Filing 1118 ORDER GRANTING PLAINTIFF'S UNOPPOSED MOTION FOR LEAVE TO FILE CERTAIN TRIAL EXHIBITS UNDER SEAL AND TO EXEMPT VIDEO AND AUDIO TRIAL EXHIBITS FROM ELECTRONIC FILING. Signed by Judge Rodolfo A. Ruiz, II on 12/29/2021. See attached document for full details. (ob)
December 29, 2021 Opinion or Order Filing 1117 Plaintiff's MOTION for Leave to File Certain Trial Exhibits Under Seal and to Exempt Video and Audio Trial Exhibits from Electronic Filing by Securities & Exchange Commission. (Attachments: #1 Text of Proposed Order)(Berlin, Amie)
December 27, 2021 Opinion or Order Filing 1116 Corrected Exhibit and Witness List. (gp)
December 23, 2021 Opinion or Order Filing 1115 PAPERLESS ORDER granting #1114 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for attorney Clifford E. Haines, Esq. Signed by Judge Rodolfo A. Ruiz, II on 12/23/2021. (ob)
December 23, 2021 Opinion or Order Filing 1114 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Clifford E. Haines, Esq.. Filing Fee $ 200.00 Receipt # AFLSDC-15272550 by Jonathan Eric Minsker. Attorney Jonathan Eric Minsker added to party Jonathan Eric Minsker(pty:mov). Responses due by 1/6/2022 (Attachments: #1 Certification Certification of Clifford E. Haines, Esq., #2 Text of Proposed Order Proposed Order Granting Motion)(Minsker, Jonathan)
December 22, 2021 Opinion or Order Filing 1113 ORDER GRANTING RECEIVER'S MOTION TO LIFT LITIGATION INJUNCTION AS TO CERTAIN COUNTERPARTIES IN DEFAULT UNDER AGREEMENTS WITH COMPLETE BUSINESS SOLUTIONS GROUP, INC. Signed by Judge Rodolfo A. Ruiz, II on 12/22/2021. See attached document for full details. (ob)
December 22, 2021 Opinion or Order Filing 1112 MOTION to Lift Litigation Injunction as to Certain Counterparties in Default Under Agreements with Complete Business Solutions Group, Inc. re #141 Order by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
December 21, 2021 Opinion or Order Filing 1111 CLERK'S Notice of Policy re Electronic Submission of Exhibit(s) sent to Plaintiff and Defendant Re D.E. 1109 Clerk's Exhibit/Notices, 1110 Clerk's Exhibit/Notices, #1108 Exhibit and Witness List Local Rule 5.3 provides that within ten (10) days of the conclusion of a hearing or trial, a party must file in CM/ECF an electronic version of most exhibits offered or introduced into evidence. Before electronically filing, the filer must redact any sensitive, confidential, or private information in accordance with Fed. R. Civ. P. 5.2, Fed. R. Crim. P. 49.1, and CM/ECF Administrative Procedures, Section 6, or seek an order from the Court either to seal the exhibit or to exempt the exhibit from electronic filing under subsection (b)(3)(C) of the rule. Failure to electronically file exhibits and the Certificate of Compliance Re Admitted Evidence within ten (10) days may result in the imposition of sanctions. The Local Rule, The Certificate of Compliance Re Admitted Evidence, and the Quick Reference Guide to Electronically Filing Trial Exhibits can be found on the Courts website: http://www.flsd.uscourts.gov (drz)
December 21, 2021 Opinion or Order Filing 1110 CLERK'S Notice of Receipt of Plaintiff's Exhibit(s) received from Plaintiff Re D.E. #1108 Exhibit and Witness List. Exhibit Numbers: Plaintiff's Paper Trial Exhibits (drz)
December 21, 2021 Opinion or Order Filing 1109 CLERK'S Notice of Receipt of Defendant's Exhibit(s) received from Defendant Re D.E. #1108 Exhibit and Witness List. Exhibit Numbers: Defendant's Paper Trial Exhibits (drz)
December 20, 2021 Opinion or Order Filing 1108 Trial Exhibit and Witness List. (gp) (Main Document 1108 replaced on 12/20/2021) (gp).
December 17, 2021 Opinion or Order Filing 1107 ORDER GRANTING RECEIVER'S MOTION TO LIFT LITIGATION INJUNCTION TO ALLOW COMMENCEMENT OF PROCEEDINGS INVOLVING COLORADO FARMS LLC. Signed by Judge Rodolfo A. Ruiz, II on 12/17/2021. See attached document for full details. (ob)
December 17, 2021 Opinion or Order Filing 1106 ORDER GRANTING THE RECEIVER'S MOTION TO LIFT THE LITIGATION STAY TO ALLOW COMMENCEMENT OF PROCEEDINGS AGAINST JOSEPH LAFORTE AND JAMES LAFORTE. Signed by Judge Rodolfo A. Ruiz, II on 12/16/2021. See attached document for full details. (ob)
December 17, 2021 Opinion or Order Filing 1105 MOTION to Lift Litigation to Allow Commencement of Proceedings Involving Colorado Farms LLC re #141 Order by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Statements of Lien, #2 Exhibit 2 - Proposed Order)(Kolaya, Timothy)
December 15, 2021 Opinion or Order Filing 1104 TRANSCRIPT of Trial Day 8 held on 12-15-2021 before Judge Rodolfo A. Ruiz, II, 1-143 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 1/5/2022. Redacted Transcript Deadline set for 1/18/2022. Release of Transcript Restriction set for 3/15/2022. (gbx)
December 15, 2021 Opinion or Order Filing 1103 JUDGMENT AS TO LIABILITY. Signed by Judge Rodolfo A. Ruiz, II on 12/15/2021. See attached document for full details. (ob)
December 15, 2021 Opinion or Order Filing 1102 Jury Notes. (gp)
December 15, 2021 Opinion or Order Filing 1101 JURY VERDICT. (gp) (Additional attachment(s) added on 12/15/2021: #1 Restricted Unredacted Jury Note/Verdict) (gp).
December 15, 2021 Opinion or Order Filing 1100 Court's Jury Instructions. (gp)
December 15, 2021 Opinion or Order Filing 1099 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Jury Trial Day 8 held on 12/15/2021. Final Charging Conference held. Court instructs Jury. Closing arguments heard. Clerk reviewed admitted exhibits with counsel to be submitted to the Jury for deliberations. Deliberations begin. Jury verdict reached. Jury verdict published. Jury polled and released. Attorney Appearance(s): Zachary Paul Hyman, Elroy M John, Jr, Alise Meredith Johnson, Amie Riggle Berlin, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov. (gp)
December 15, 2021 Opinion or Order Filing 1098 TRANSCRIPT of Trial Day 7 held on 12-14-2021 before Judge Rodolfo A. Ruiz, II, 1-178 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 1/5/2022. Redacted Transcript Deadline set for 1/18/2022. Release of Transcript Restriction set for 3/15/2022. (gbx)
December 14, 2021 Opinion or Order Filing 1097 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Jury Trial Day 7 held on 12/14/2021. Witness Michael Furman, Christine Furman, Adam Weisenstine, sworn and testified. Plaintiff rests. Defense rests. Charging conference held. Jury trial will resume December 15, 2021 at 9:30 A.M. Attorney Appearance(s): Zachary Paul Hyman, Elroy M John, Jr, Alise Meredith Johnson, Amie Riggle Berlin, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov. (gp)
December 14, 2021 Opinion or Order Filing 1096 Proposed Jury Instructions by Securities & Exchange Commission. (Johnson, Alise)
December 14, 2021 Opinion or Order Filing 1095 TRANSCRIPT of Trial Day 6 held on 12-13-2021 before Judge Rodolfo A. Ruiz, II, 1-308 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 1/4/2022. Redacted Transcript Deadline set for 1/14/2022. Release of Transcript Restriction set for 3/14/2022. (gbx)
December 13, 2021 Opinion or Order Filing 1094 REPLY to Response to Motion re #949 MOTION to Lift Litigation Injunction to Allow Commencement of Proceedings against Joseph LaForte and James LaForte re #141 Order filed by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Email dated January 27, 2016, #2 Exhibit 2 - QuickBooks Reports for Merchant Account "MOHA001", #3 Exhibit 3 - Email dated February 2, 2018, #4 Exhibit 4 - QuickBooks Reports for Merchant Account "BOGO001")(Kolaya, Timothy)
December 13, 2021 Opinion or Order Filing 1093 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Jury Trial Day 6 held on 12/13/2021. Witness Michael Furman, Joe Cole Barletta (out of turn), Kristin Groleau (out of turn), sworn testified. Exhibits identified and admitted. Jury trial will resume December 14, 2021 at 10:30 A.M. Attorney Appearance(s): Zachary Paul Hyman, Elroy M John, Jr, Alise Meredith Johnson, Amie Riggle Berlin, Timothy Andrew Kolaya, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov. (gp)
December 13, 2021 Opinion or Order Filing 1092 PAPERLESS ORDER Granting Defendant Michael Furman's Unopposed Motion for Leave to File Memorandum in Connection with Unpled Claims of Integration Doctrine ("Motion"). ECF No. #1089 . The Memorandum, attached to the Motion as Exhibit A, is hereby deemed filed. Signed by Judge Rodolfo A. Ruiz, II on 12/13/2021. (jb)
December 13, 2021 Opinion or Order Filing 1091 PRETRIAL STIPULATION Joint Pre-Trial Stipulation by Securities & Exchange Commission (Berlin, Amie)
December 13, 2021 Opinion or Order Filing 1090 Witness List Amended by Michael C Furman.. (Hyman, Zachary)
December 13, 2021 Opinion or Order Filing 1089 MOTION for Leave to File Memorandum on Unpled Integration Claims by Michael C Furman. (Attachments: #1 Memorandum)(Hyman, Zachary)
December 11, 2021 Opinion or Order Filing 1088 TRANSCRIPT of Trial Day 5 held on 12-10-2021 before Judge Rodolfo A. Ruiz, II, 1-269 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 1/3/2022. Redacted Transcript Deadline set for 1/11/2022. Release of Transcript Restriction set for 3/11/2022. (gbx)
December 10, 2021 Opinion or Order Filing 1087 PAPERLESS ORDER Requiring Revised Witness List. For the reasons stated on the record at the conclusion of trial proceedings on December 10, 2021, Defendant shall file a revised witness list by 9:00 AM on Monday, December 13, 2021, indicating the witnesses that will be called by the defense and including a description proffering the relevance of each witnesses' testimony. Signed by Judge Rodolfo A. Ruiz, II on 12/10/2021. (jb03)
December 10, 2021 Opinion or Order Filing 1086 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Jury Trial Day 5 held on 12/10/2021. Plaintiff continues presentation of their case. Witness Michael Furman, sworn and testified. Exhibits identified and admitted. Jury trial will resume December 13, 2021 at 10:00 A.M. Attorney Appearance(s): Zachary Paul Hyman, Elroy M John, Jr, Alise Meredith Johnson, Amie Riggle Berlin, Timothy Andrew Kolaya, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov. (gp)
December 10, 2021 Opinion or Order Filing 1085 TRANSCRIPT of Trial Day 4 held on 12-9-2021 before Judge Rodolfo A. Ruiz, II, 1-268 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 1/3/2022. Redacted Transcript Deadline set for 1/10/2022. Release of Transcript Restriction set for 3/10/2022. (gbx)
December 10, 2021 Opinion or Order Filing 1084 Corrected Transcript and Notice of Correction of Trial Day 3 (as to exhibit numbers) held on 12-8-2021 before Judge Rodolfo A. Ruiz, II, 1-303 pages, re: #1082 Redacted Transcript Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov. (gbx)
December 9, 2021 Opinion or Order Filing 1083 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Jury Trial Day 4 held on 12/9/2021. Plaintiff continues presentation of their case. Witness James Klenk, William Mitchell, Stephen Bouchard, Frank Nash, Victoria Villarose, Alexis Abbonizio, sworn and testified. Exhibits identified and admitted. Jury trial will resume December 10, 2021 at 10:00 A.M. Attorney Appearance(s): Zachary Paul Hyman, Elroy M John, Jr, Alise Meredith Johnson, Amie Riggle Berlin, Timothy Andrew Kolaya, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov. (gp) Modified text on 12/10/2021 (gp).
December 9, 2021 Opinion or Order Filing 1082 Redacted Transcript of Trial Day 3 held on 12-8-2021 before Judge Rodolfo A. Ruiz, II, 1-303 pages, re: #1081 Transcript,, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov. (gbx)
December 9, 2021 Opinion or Order Filing 1081 TRANSCRIPT of Trial Day 3 held on 12-8-2021 before Judge Rodolfo A. Ruiz, II, 1-303 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 12/30/2021. Redacted Transcript Deadline set for 1/10/2022. Release of Transcript Restriction set for 3/9/2022. (gbx)
December 8, 2021 Opinion or Order Filing 1080 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Jury Trial Day 3 held on 12/8/2021. Plaintiff continues presentation of their case. Witness John Murray, Robert Renner, Henry Barth, Lori Boyogueno, sworn and testified. Exhibits identified and admitted. Jury trial will resume December 9, 2021 at 9:30 A.M. Attorney Appearance(s): Zachary Paul Hyman, Elroy M John, Jr, Alise Meredith Johnson, Amie Riggle Berlin, Timothy Andrew Kolaya, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov. (gp) Modified text on 12/9/2021 (gp).
December 8, 2021 Opinion or Order Filing 1079 TRANSCRIPT of Trial Day 2 held on 12-7-2021 before Judge Rodolfo A. Ruiz, II, 1-252 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 12/29/2021. Redacted Transcript Deadline set for 1/10/2022. Release of Transcript Restriction set for 3/8/2022. (gbx)
December 8, 2021 Opinion or Order Filing 1078 TRANSCRIPT of Trial Day 1 held on 12-6-2021 before Judge Rodolfo A. Ruiz, II, 1-136 pages, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/29/2021. Redacted Transcript Deadline set for 1/10/2022. Release of Transcript Restriction set for 3/8/2022. (gbx)
December 7, 2021 Opinion or Order Filing 1077 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Jury Trial Day 2 held on 12/7/2021. Opening Statements made. Plaintiff presents their case in chief. Witness Brad Sharp, Mark Reikes, Perry Abbonizio, sworn and testified. Juror # 3 excused from this trial for good cause. Exhibits identified and admitted. Jury trial will resume December 8, 2021 at 9:30 A.M. Attorney Appearance(s): Zachary Paul Hyman, Elroy M John, Jr, Alise Meredith Johnson, Amie Riggle Berlin, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov. (gp)
December 6, 2021 Opinion or Order Filing 1076 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Jury Selection/Voir Dire held on 12/6/2021. Jury selection completed. Eight (8) Jurors selected. Jury panel sworn and instructed. Jury trial will resume on December 7, 2021 at 9:30 A.M. Attorney Appearance(s): Zachary Paul Hyman, Elroy M John, Jr, Alise Meredith Johnson, Amie Riggle Berlin, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov. (gp)
December 6, 2021 Opinion or Order Filing 1075 PAPERLESS ORDER providing public viewing information. Given the conclusion of jury selection, this matter will begin with opening statements at 9:30 AM tomorrow. Please click the link to join the webinar:The Zoom hearing can be accessed at # click here The Webinar ID is 161 989 6066 and the Passcode is 518235.Or One tap mobile : US: +16692545252,,1619896066#,,,,*518235# or +16468287666,,1619896066#,,,,*518235# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 669 254 5252 or +1 646 828 7666 or +1 551 285 1373 or +1 669 216 1590 Webinar ID: 161 989 6066Passcode: 518235 International numbers available: # click here Signed by Judge Rodolfo A. Ruiz, II on 12/6/2021. (ob)
December 6, 2021 Opinion or Order Filing 1074 PAPERLESS ORDER allowing sua sponte Timothy Kolaya to Bring Electronic Devices into the Courthouse for Trial. Timothy Kolaya is permitted to bring a cellular phone and laptop to the trial beginning on December 6, 2021. Signed by Judge Rodolfo A. Ruiz, II on 12/6/2021. (ob)
December 6, 2021 Opinion or Order Filing 1073 PAPERLESS ORDER granting #1068 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for attorney Evan A. Showell. Signed by Judge Rodolfo A. Ruiz, II on 12/6/2021. (ob)
December 6, 2021 Opinion or Order Filing 1072 PAPERLESS ORDER striking #1064 Defendant's Notice of Filing Deposition Designations due to Defendant's failure to follow Court ordered deadlines. Signed by Judge Rodolfo A. Ruiz, II on 12/6/2021. (ob)
December 6, 2021 Opinion or Order Filing 1071 PAPERLESS ORDER granting #1060 Plaintiff Securities and Exchange Commission's Motion to Allow Additional Trial Witnesses to Appear by Zoom. Alexis Abbonizio and William Mitchell are permitted to appear via Zoom videoconference. Signed by Judge Rodolfo A. Ruiz, II on 12/6/2021. (ob)
December 6, 2021 Opinion or Order Filing 1070 PAPERLESS ORDER denying #1059 Defendant, Michael C. Furman's, Motion to Compel Production of Alleged Request for Production as MOOT for the reasons stated on the Record. Signed by Judge Rodolfo A. Ruiz, II on 12/6/2021. (ob)
December 6, 2021 Opinion or Order Filing 1069 PAPERLESS ORDER granting Defendant's ore tenus Motion to allow Karissa Mahadeo to Bring Electronic Devices into the Courthouse for Trial. Karissa Mahadeo is permitted to bring a cellular phone and laptop to the trial beginning on December 6, 2021. Signed by Judge Rodolfo A. Ruiz, II on 12/6/2021. (ob)
December 6, 2021 Opinion or Order Filing 1068 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Evan A. Showell. Filing Fee $ 200.00 Receipt # AFLSDC-15224157 by Securities & Exchange Commission. Responses due by 12/20/2021 (Attachments: #1 Certification of Deputy Attorney General Evan A. Showell, #2 Text of Proposed Order)(Johnson, Alise)
December 6, 2021 Opinion or Order Filing 1067 Exhibit List Amended Exhibit List by Securities & Exchange Commission.. (Berlin, Amie)
December 6, 2021 Opinion or Order Filing 1066 RESPONSE in Opposition re #1059 MOTION to Compel Alleged Requests for Production attaching Defendant's response to the RFP as evidence that the RFP does, as the SEC stated, exist, filed by Securities & Exchange Commission. Replies due by 12/13/2021. (Attachments: #1 Exhibit RFP Response Defendant produced to the SEC that he seeks from the SEC on an emergency basis because he cannot locate it in his files)(Berlin, Amie)
December 6, 2021 Opinion or Order Filing 1065 Witness List by Michael C Furman.. (Hyman, Zachary)
December 6, 2021 Opinion or Order Filing 1064 STRICKEN PER DE 1072.. Witness List - Deposition Designations 30(b)(6) by Michael C Furman.. (Hyman, Zachary) Modified on 12/7/2021 (lbc).
December 5, 2021 Opinion or Order Filing 1063 PAPERLESS ORDER requiring that the SEC be prepared to proffer Alexis Abbonizio's testimony and to expound on Abbonizio's medical conditions prior to jury selection tomorrow, December 6, 2021 at 3:00 P.M. The Court will address #1060 Plaintiff Securities and Exchange Commission's Motion to Allow Additional Trial Witnesses to Appear by Zoom at that time. Signed by Judge Rodolfo A. Ruiz, II on 12/5/2021. (ob)
December 5, 2021 Opinion or Order Filing 1062 PAPERLESS ORDER requiring an expedited response to #1059 Defendant Michael C. Furman's, Motion to Compel Production of Alleged Request for Production from Plaintiff on or before NOON, 12:00 P.M., December 6, 2021. Signed by Judge Rodolfo A. Ruiz, II on 12/5/2021. (ob)
December 5, 2021 Opinion or Order Filing 1061 RESPONSE in Opposition re #1060 Plaintiff's MOTION Plaintiff Securities and Exchange Commissions Motion to Allow Additional Trial Witnesses to Appear by Zoom filed by Michael C Furman. Replies due by 12/13/2021. (Attachments: #1 Exhibit Email from SEC)(Hyman, Zachary)
December 5, 2021 Opinion or Order Filing 1060 Plaintiff's MOTION Plaintiff Securities and Exchange Commissions Motion to Allow Additional Trial Witnesses to Appear by Zoom by Securities & Exchange Commission. (Attachments: #1 Text of Proposed Order)(Johnson, Alise)
December 5, 2021 Opinion or Order Filing 1059 MOTION to Compel Alleged Requests for Production by Michael C Furman. Responses due by 12/20/2021 (Hyman, Zachary)
December 5, 2021 Opinion or Order Filing 1058 PAPERLESS ORDER denying #1057 Motion for Reconsideration of Defendant's Motion to Amend Admissions. Signed by Judge Rodolfo A. Ruiz, II on 12/5/2021. (ob)
December 5, 2021 Opinion or Order Filing 1057 First MOTION for Reconsideration re 1044 Order on Motion in Limine,,,,,,,,,,,,,,, Order on Motion to Amend/Correct,,,, by Michael C Furman. (John, Elroy)
December 4, 2021 Opinion or Order Filing 1056 Exhibit List by Michael C Furman.. (Hyman, Zachary)
December 3, 2021 Opinion or Order Filing 1055 Proposed Voir Dire Questions by Michael C Furman. (Hyman, Zachary)
December 3, 2021 Opinion or Order Filing 1054 Witness List Amended by Securities & Exchange Commission.. (Johnson, Alise)
December 3, 2021 Opinion or Order Filing 1053 ORDER GRANTING RECEIVER'S MOTION TO EXPAND THE RECEIVERSHIP ESTATE TO INCLUDE THE SEP IRA ACCOUNT OF LISA M. MCELHONE. Signed by Judge Rodolfo A. Ruiz, II on 12/3/2021. See attached document for full details. (ob)
December 3, 2021 Opinion or Order Filing 1052 ORDER GRANTING RECEIVER'S MOTION TO LIFT LITIGATION INJUNCTION AS TO CERTAIN COUNTERPARTIES IN DEFAULT UNDER AGREEMENTS WITH COMPLETE BUSINESS SOLUTIONS GROUP, INC. Signed by Judge Rodolfo A. Ruiz, II on 12/3/2021. See attached document for full details. (ob)
December 3, 2021 Opinion or Order Filing 1051 ORDER GRANTING RECEIVER'S UNOPPOSED MOTION TO EXPAND THE RECEIVERSHIP TO INCLUDE CASH SEIZED BY THE FBI FROM THE PROPERTIES OF JOSEPH W. LAFORTE AND CBSG OFFICE. Signed by Judge Rodolfo A. Ruiz, II on 12/3/2021. See attached document for full details. (ob)
December 3, 2021 Opinion or Order Filing 1050 PAPERLESS ORDER ordering a Reply to #987 Defendant, Joseph W. LaForte's Response in Opposition to Receiver Ryan K. Stumphauzer's Motion to Lift Litigation Injunction to Allow Commencement of Proceedings Against Joseph LaForte and James LaForte #949 . The Receiver shall file a Reply on or before Monday, December 13, 2021. Signed by Judge Rodolfo A. Ruiz, II on 12/3/2021. (ob)
December 2, 2021 Opinion or Order Filing 1049 MOTION to Lift Litigation Injunction as to Certain Counterparties in Default Under Agreements with Complete Business Solutions Group, Inc. re #141 Order by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
December 2, 2021 Opinion or Order Filing 1048 PAPERLESS ORDER denying Defendant's ore tenus Motion to Exclude the Testimony of Bradley Sharpe and to Prohibit the SEC from Introducing Evidence of the 2020 Repayment of Loans for the reasons stated on the Record. Signed by Judge Rodolfo A. Ruiz, II on 12/2/2021. (ob)
December 2, 2021 Opinion or Order Filing 1047 PAPERLESS ORDER granting Defendant's ore tenus Motion to allow Michael C. Furman to Bring Electronic Devices into the Courthouse for Trial. Michael C. Furman is permitted to bring a cellular phone and laptop to the trial beginning on December 6, 2021. Signed by Judge Rodolfo A. Ruiz, II on 12/2/2021. (ob)
December 2, 2021 Opinion or Order Filing 1046 PAPERLESS ORDER granting in part and denying in part Defendant's ore tenus Motion to Allow Erik Weingold and Dean Vagnozzi to appear via Zoom videoconference for purposes of trial beginning on December 6, 2021. For the reasons stated on the Record, the Motion is GRANTED insofar as it pertains to Erik Weingold appearing via Zoom videoconference and is DENIED as to Dean Vagnozzi. Signed by Judge Rodolfo A. Ruiz, II on 12/2/2021. (ob)
December 2, 2021 Opinion or Order Filing 1045 PAPERLESS ORDER granting Plaintiff's ore tenus Motion to Allow Victoria Villarose and Wendy Furman Lyman to appear via Zoom videoconference for purposes of trial beginning on December 6, 2021. Signed by Judge Rodolfo A. Ruiz, II on 12/2/2021. (ob)
December 2, 2021 Opinion or Order Filing 1044 THIS CAUSE comes before the Court upon the December 2, 2021 hearing 1043 on Plaintiff's Omnibus Motion in Limine #929 ("Plaintiff's Motion in Limine"), Defendant's Motion in Limine to Exclude Undercover Agent Testimony #932 ("Defendant's First Motion in Limine"), Defendant's Motion in Limine #1028 ("Defendant's Second Motion in Limine"), and Defendant's Motions to Amend Admissions [1023, 1030]. For the reasons stated on the Record, it is hereby ORDERED AND ADJUDGED as follows. Plaintiff's Motion in Limine is GRANTED as to numbers 1, 2, 3, 4, 5, 6, 7, 10 and 13 and DENIED as MOOT as to numbers 8, 9, 11, and 12. Defendant's First Motion in Limine #932 is DENIED. Defendant's Second Motion in Limine #1028 is DENIED as MOOT as to any evidence pertaining to other defendants' consent judgments and is DENIED as to all other issues. Defendant's Motions to Amend Admissions [1023, 1030] are DENIED. Signed by Judge Rodolfo A. Ruiz, II on 12/2/2021. (ob)
December 2, 2021 Opinion or Order Filing 1043 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Motion Hearing held on 12/2/2021 re #929 Plaintiff's MOTION in Limine and Memorandum in Support filed by Securities & Exchange Commission, #932 First MOTION in Limine To Exclude Testimony filed by Michael C Furman. Argument heard, rulings made on the record. Jury Selection will take place on Monday, December 6, 2021 at 3:00 PM. Order to follow. Attorney Appearance(s): Zachary Paul Hyman, Elroy M John, Jr, Alise Meredith Johnson, Amie Riggle Berlin, Timothy Andrew Kolaya, Court Reporter: Ellen Rassie, 954-769-5448 / ellen_rassie@flsd.uscourts.gov. (gp)
December 2, 2021 Opinion or Order Filing 1042 RESPONSE in Opposition re #1028 MOTION in Limine Furman's Second Motion in Limine, filed December 1 filed by Securities & Exchange Commission. Replies due by 12/9/2021. (Berlin, Amie)
December 2, 2021 Opinion or Order Filing 1041 Unopposed MOTION to Expand the Receivership to Include the Cash Seized by the FBI from the Properties of Joseph W. LaForte and CBSG Office re #141 Order by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
December 2, 2021 Opinion or Order Filing 1040 Proposed Voir Dire Questions by Securities & Exchange Commission. (Johnson, Alise)
December 2, 2021 Opinion or Order Filing 1039 Proposed Jury Instructions by Securities & Exchange Commission. (Attachments: #1 Exhibit Verdict Form)(Johnson, Alise)
December 2, 2021 Opinion or Order Filing 1038 Exhibit List by Securities & Exchange Commission.. (Johnson, Alise)
December 2, 2021 Opinion or Order Filing 1037 Exhibit List by Securities & Exchange Commission.. (Johnson, Alise)
December 2, 2021 Opinion or Order Filing 1036 NOTICE by Securities & Exchange Commission of Filing Trial Documents (Johnson, Alise)
December 2, 2021 Opinion or Order Filing 1035 PAPERLESS ORDER granting #1031 Defendant's Unopposed Motion to Bring Electronic Devices into the Courthouse for Trial. Zachary P. Hyman, Yirmi Knight, Elroy John, Matthew Rosenfield, David Ferguson, Nicholas Battaglia, and Jessica Lopez are permitted to bring personal and office cellular phones, laptops, and other equipment to assist at trial beginning on December 6, 2021. Signed by Judge Rodolfo A. Ruiz, II on 12/2/2021. (ob)
December 2, 2021 Opinion or Order Filing 1034 PAPERLESS ORDER granting in part and denying in part #1029 Defendant Michael C. Furman's Motion for Reconsideration of Order Denying Motions in Limine as Moot and in the Alternative Renewed Motion in Limine ("Motion"). The Court will not reconsider its prior Order but will permit Furman to argue the issues raised in his Renewed Motion - specifically, (i) whether the Court should preclude the testimony of Bradley Sharpe and James Klenk and (ii) whether the SEC should be prohibited from introducing evidence of the 2020 repayment of loans. These issues will be addressed at the December 2, 2021 hearing at 2:00 P.M. Signed by Judge Rodolfo A. Ruiz, II on 12/2/2021. (ob)
December 2, 2021 Opinion or Order Filing 1033 PAPERLESS ORDER denying the Securities and Exchange Commission's (SEC) #1012 Motion to Strike Declaration of Michael Furman [ECF No. 891-1] as MOOT. In the Motion, the SEC asks the Court not to consider Michael C. Furman's Declaration when ruling on the SEC's Motion for Partial Summary Judgment. The Court reached its ruling based on evidence separate and apart from Furman's Declaration; therefore, the Motion is DENIED as MOOT. See #1032 Order Denying Partial Summary Judgment at 8. The Court further notes that Furman has moved to amend his admissions in his #1023 Response in Opposition to Plaintiff's Motion to Strike the Declaration of Defendant, Michael C. Furman and Motion to Amend Admissions (Furman Response) and in #1030 Defendant, Michael C. Furman's Motion to Amend Admissions. The Court will address this request, and any other issues raised in Furman's Response (such as any limitations on Furman's testimony at trial), at the hearing on the parties' Motions in Limine set for Thursday, December 2, 2021 at 2:00 P.M. The Court will also address Defendant's recently filed #1028 Motion in Limine at that time. Signed by Judge Rodolfo A. Ruiz, II on 12/2/2021. (ob)
December 2, 2021 Opinion or Order Filing 1032 ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT. Signed by Judge Rodolfo A. Ruiz, II on 12/2/2021. See attached document for full details. (ob)
December 1, 2021 Opinion or Order Filing 1031 MOTION to Bring Electronic Equipment into the courtroom by Michael C Furman. Responses due by 12/15/2021 (Hyman, Zachary)
December 1, 2021 Opinion or Order Filing 1030 MOTION to Amend/Correct Responses to Requests for Admission by Michael C Furman. Responses due by 12/15/2021 (Hyman, Zachary)
December 1, 2021 Opinion or Order Filing 1029 EXPEDITED MOTION Reconsideration and Motion in Limine by Michael C Furman. (Hyman, Zachary)
December 1, 2021 Opinion or Order Filing 1028 MOTION in Limine by Michael C Furman. (Attachments: #1 Exhibit A)(Hyman, Zachary)
December 1, 2021 Opinion or Order Filing 1027 PAPERLESS ORDER granting #1026 Plaintiff's Unopposed Motion to Bring Electronic Devices into the Courthouse for Trial. Alise Johnson, Amie Riggle Berlin, and Victoria Jacqmein of the Securities and Exchange Commission shall be permitted to bring a laptop, and personal and business cell phones into the Courthouse. Trial support specialist Kevin Robinson shall be permitted to bring electronic devices including cellular phones, laptop computers, and other electronic equipment into the Courthouse for use at trial. Further, Kevin Robinson shall be permitted to bring the electronic equipment into the Courthouse and Courtroom on December 2 or 3, 2021 to test the equipment and to set up for trial beginning on December 6, 2021. Signed by Judge Rodolfo A. Ruiz, II on 12/1/2021. (ob)
November 30, 2021 Opinion or Order Filing 1026 Unopposed MOTION to Bring Electronic Equipment into the courtroom by Securities & Exchange Commission. Responses due by 12/14/2021 (Attachments: #1 Text of Proposed Order)(Johnson, Alise)
November 30, 2021 Opinion or Order Filing 1025 PAPERLESS ORDER rescheduling 945 hearing on #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 - TIME CHANGE ONLY. The December 2, 2021 hearing will take place at 2 P.M. The hearing will take place in person in Courtroom 205C at the U.S. Courthouse, 299 E. Broward Boulevard, Fort Lauderdale, Florida. Plaintiff and Defendant Furman shall file revised exhibit lists, witness lists, jury instructions, and their joint pre-trial stipulation on or before December 2, 2021 at 12:00 P.M. Signed by Judge Rodolfo A. Ruiz, II on 11/30/2021. (ob)
November 30, 2021 Opinion or Order Filing 1024 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Videoconference Calendar Call held on 11/30/2021. Order to follow. Attorney Appearance(s): All Counsel of record, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov. NOTICE OF POLICY RE ELECTRONIC SUBMISSION OF EXHIBITS. Local Rule 5.3 provides that within ten (10) days of the conclusion of a hearing or trial, a party must file in CM/ECF an electronic version of most exhibits offered or introduced into evidence. Before electronically filing, the filer must redact any sensitive, confidential, or private information in accordance with Fed. R. Civ. P. 5.2, Fed. R. Crim. P. 49.1, and CM/ECF Administrative Procedures, Section 6, or seek an order from the Court either to seal the exhibit or to exempt the exhibit from electronic filing under subsection (b)(3)(C) of the rule. Failure to electronically file exhibits and the The Certificate of Compliance Re Admitted Evidence within ten (10) days may result in the imposition of sanctions. The Local Rule, The Certificate of Compliance Re Admitted Evidence, and the Quick Reference Guide to Electronically Filing Trial Exhibits can be found on the Courts website: http://www.flsd.uscourts.gov. (gp)
November 30, 2021 Opinion or Order Filing 1023 RESPONSE in Opposition re #1012 MOTION to Strike #890 Response in Opposition to Motion, #817 MOTION for Partial Summary Judgment , #891 Statement Motion to Strike Furman's Self-Serving Declaration Filed In Opposition to Summary Judgment Motion, Which Declar filed by Michael C Furman. Replies due by 12/7/2021. (Attachments: #1 Exhibit Exhibit A - Furman M - Depo. Transcript)(John, Elroy)
November 30, 2021 Opinion or Order Filing 1022 Proposed Voir Dire Questions by Securities & Exchange Commission. (Johnson, Alise)
November 29, 2021 Opinion or Order Filing 1021 RESPONSE in Opposition re #932 First MOTION in Limine To Exclude Testimony filed by Securities & Exchange Commission. Replies due by 12/6/2021. (Berlin, Amie)
November 29, 2021 Opinion or Order Filing 1020 NOTICE of Compliance Regarding Pillar 1-5 and Pillar 7 Life Settlement Fund LP Pursuant to Paragraph 4 of the Court's October 31, 2020 Order by Ryan K Stumphauzer re #360 Order on Motion for Miscellaneous Relief, (Kolaya, Timothy)
November 28, 2021 Opinion or Order Filing 1019 PAPERLESS ORDER denying #926 Defendants, Joseph W. LaForte, Lisa McElhone, and Joseph Cole Barleta's Omnibus Motion in Limine and Incorporated Memorandum of Law as MOOT due to settlements [1010, 1007, 1016]. Signed by Judge Rodolfo A. Ruiz, II on 11/28/2021. (ob)
November 28, 2021 Opinion or Order Filing 1018 JUDGMENT OF PERMANENT INJUNCTION AND OTHER RELIEF AGAINST DEFENDANT JOSEPH COLE BARLETA. Signed by Judge Rodolfo A. Ruiz, II on 11/28/2021. See attached document for full details. (ob)
November 28, 2021 Opinion or Order Filing 1017 ORDER GRANTING PLAINTIFF'S UNOPPOSED MOTION FOR ENTRY OF JUDGMENT OF PERMANENT INJUNCTION AND OTHER RELIEF AGAINST DEFENDANT JOSEPH COLE BARLETA. Signed by Judge Rodolfo A. Ruiz, II on 11/28/2021. See attached document for full details. (ob)
November 28, 2021 Opinion or Order Filing 1016 Unopposed MOTION to Approve Consent Judgment against Defendant Joseph Cole Barleta by Securities & Exchange Commission. Responses due by 12/13/2021 (Attachments: #1 Exhibit Consent of Defendant Joseph Cole Barleta, with proposed Judgment, #2 Text of Proposed Order Proposed Judgment)(Berlin, Amie)
November 28, 2021 Opinion or Order Filing 1015 PAPERLESS ORDER advising that, given the recent judgments of permanent injunction and other relief against defendants Perry S. Abbonizio, Dean J. Vagnozzi, Lisa McElhone, and Joseph W. LaForte [999, 1006, 1008, 1010], the calendar call scheduled for November 30, 2021 at 11:00 A.M. will occur via Zoom Videoconference and will proceed as to the remaining defendants, Joseph Cole Barleta and Michael C. Furman. The videoconference can be accessed at # click here. The Meeting ID is 161 812 9016 and the Passcode is 199696. Further, counsel for all parties who have settled are required to appear [at the Zoom Videoconference] for a status conference. Signed by Judge Rodolfo A. Ruiz, II on 11/28/2021. (ob)
November 28, 2021 Opinion or Order Filing 1014 PAPERLESS ORDER requiring an expedited response from Defendant Michael C. Furman as to #1012 Plaintiff's Motion to Strike Declaration of Michael C. Furman. Defendant's response is due on or before November 30, 2021 at 12:00 P.M. Signed by Judge Rodolfo A. Ruiz, II on 11/28/2021. (ob)
November 28, 2021 Opinion or Order Filing 1013 PAPERLESS ORDER denying #924 Motion in Limine by Perry S. Abbonizio and #927 Motion in Limine by Dean J. Vagnozzi as MOOT due to settlement [999, 1006]. Signed by Judge Rodolfo A. Ruiz, II on 11/28/2021. (ob)
November 26, 2021 Opinion or Order Filing 1012 MOTION to Strike #890 Response in Opposition to Motion, #817 MOTION for Partial Summary Judgment , #891 Statement Motion to Strike Furman's Self-Serving Declaration Filed In Opposition to Summary Judgment Motion, Which Declaration Concerns Matters To Which He Asserted The Fifth Amendment During Discovery by Securities & Exchange Commission. Responses due by 12/10/2021 (Berlin, Amie)
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 702 [misc] restricted/sealed until further notice. (926169)
August 17, 2021 Opinion or Order SYSTEM ENTRY - Docket Entry 701 [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 Opinion or Order Filing 238 ORDER GRANTING #236 THE RECEIVER'S EXPEDITED MOTION TO EXPAND SCOPE OF RECEIVERSHIP TO INCLUDE ADDITIONAL RECEIVERSHIP ENTITIES AND TO REQUIRE DEAN VAGNOZZI TO RETURN FUNDS. Signed by Judge Rodolfo A. Ruiz, II on 9/4/2020. See attached document for full details. (as03)
September 4, 2020 Opinion or Order Filing 237 ORDER GRANTING #227 PLAINTIFF'S MOTION FOR COMPLETE SWORN ACCOUNTING. Signed by Judge Rodolfo A. Ruiz, II on 9/4/2020. See attached document for full details. (as03)
September 4, 2020 Opinion or Order Filing 236 Unopposed EXPEDITED MOTION to Expand Scope of Receivership to Include Additional Receivership Entities and to Require Dean Vagnozzi to Return Funds re #141 Order by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
September 4, 2020 Opinion or Order Filing 235 RESPONSE to Motion re #227 MOTION to Produce Complete Sworn Accounting with 5 days Defendant Dean Vagnozzi's Response to Plaintiff Securities and Exchange Commission's Motion for Full Sworn Accounting from Defendant Dean Vagnozzi filed by Dean J Vagnozzi. Replies due by 9/11/2020. (Paz, Alejandro)
September 4, 2020 Opinion or Order Filing 234 RESPONSE to Motion re #227 MOTION to Produce Complete Sworn Accounting with 5 days filed by Ryan K Stumphauzer. Replies due by 9/11/2020. (Kolaya, Timothy)
September 3, 2020 Opinion or Order Filing 233 ORDER GRANTING #232 THE RECEIVER'S FOURTH EXPEDITED MOTION TO LIFT LITIGATION INJUNCTION AS TO CERTAIN GARNISHMENT PROCEEDINGS. Signed by Judge Rodolfo A. Ruiz, II on 9/3/2020. See attached document for full details. (as03)
September 3, 2020 Opinion or Order Filing 232 Fourth EXPEDITED MOTION to Lift Litigation Injunction as to Certain Garnishment Proceedings re #141 Order by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
September 3, 2020 Opinion or Order Filing 231 NOTICE by Dean J Vagnozzi Joint Notice of Settlement of Preliminary Injunction (Paz, Alejandro)
September 2, 2020 Opinion or Order Filing 230 ORDER GRANTING PRELIMINARY INJUNCTION BY CONSENT AS TO DEFENDANT LISA MCELHONE. Signed by Judge Rodolfo A. Ruiz, II on 9/2/2020. See attached document for full details. (as03)
September 2, 2020 Opinion or Order Filing 229 PAPERLESS ORDER requiring Defendant Dean J. Vagnozzi and Receiver to file responses to #227 Plaintiff Securities and Exchange Commission's Motion for Full Sworn Accounting from Defendant Dean Vagnozzi by 12:00 P.M. on Friday, September 4, 2020. Signed by Judge Rodolfo A. Ruiz, II on 9/2/2020. (as03)
September 2, 2020 Opinion or Order Filing 228 PAPERLESS ORDER regarding status conference scheduled for Tuesday, September 8, 2020 at 11:00 A.M.. The Zoom conference can be accessed at https://www.zoomgov.com/j/1617534370?pwd=WWlyQUZrSGhEQWY0T0tQZ3dnMjF5Zz09. The Meeting ID is 161 753 4370 and the Passcode is 546411. Signed by Judge Rodolfo A. Ruiz, II on 9/2/2020. (as03)
September 2, 2020 Opinion or Order Filing 227 MOTION to Produce Complete Sworn Accounting with 5 days by Securities & Exchange Commission. (Attachments: #1 Exhibit Exhibit A: Vagnozzi Sworn Accounting, #2 Exhibit Exhibit B: ABFP Account Statement, #3 Exhibit Exhibit C: MK Fund Analysis, #4 Exhibit Exhibit D: MK Account Statement, #5 Text of Proposed Order Proposed Order)(Berlin, Amie)
September 2, 2020 Opinion or Order Filing 226 NOTICE by Ryan K Stumphauzer re #219 Order on Expedited Motion - Notice Regarding the ABFP Multi-Strategy Entities and Payment of Insurance Premiums (Kolaya, Timothy)
September 2, 2020 Opinion or Order Filing 225 PAPERLESS ORDER directing Plaintiff Securities and Exchange Commission and Defendant Dean J. Vagnozzi to file joint report regarding the status of settlement discussions concerning Plaintiff's request for a preliminary injunction by 5:00 P.M. on Thursday, September 3, 2020. Signed by Judge Rodolfo A. Ruiz, II on 9/2/2020. (as03)
September 2, 2020 Opinion or Order Filing 224 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Telephonic Status Conference held on 9/2/2020. Attorney Appearance(s): Amie Riggle Berlin, Brian Paul Miller, Alejandro Paz, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov. (gp)
September 2, 2020 Opinion or Order Filing 223 NOTICE by Securities & Exchange Commission of Filing Exhibit for September 2, 2020 Status Conference (Attachments: #1 Exhibit MK Corporate Debt Fund Register) (Berlin, Amie)
September 2, 2020 Opinion or Order Filing 222 PAPERLESS ORDER setting telephonic status conference with Plaintiff Securities and Exchange Commission and Defendant Dean J. Vagnozzi at 4:30 P.M. on Wednesday, September 2, 2020. The parties are instructed to call 1-877-402-9753 by no later than 4:25 P.M. The access code is 9372453 and the password is 0918. The Court requires that the parties appear via a landline (i.e., not a cellular phone or a speaker phone) if possible for clarity. Signed by Judge Rodolfo A. Ruiz, II on 9/2/2020. (as03)
September 2, 2020 Opinion or Order Filing 221 Plaintiff's MOTION for Preliminary Injunction and Consent of Defendant Lisa McElhone to Order of Preliminary Injunction and Other Relief by Securities & Exchange Commission. (Attachments: #1 Exhibit A. Consent of McElhone, #2 Text of Proposed Order)(Berlin, Amie)
September 1, 2020 Opinion or Order Filing 220 MOTION to Amend/Correct #141 Order, #36 Order on Motion to Appoint Receiver To Clarify that Defense Counsel Can Receive a Copy of the Documents They have Provided to the Receiver in Order to Prepare their Defense by Joseph Cole Barleta, Joseph W. LaForte, Lisa Mcelhone, The LME 2017 Family Trust. Responses due by 9/15/2020 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Text of Proposed Order)(Fridman, Daniel)
September 1, 2020 Opinion or Order Filing 219 ORDER GRANTING IN PART #203 DEFENDANT DEAN J. VAGNOZZIS EXPEDITED MOTION TO APPROVE PAYMENT OF INSURANCE PREMIUMS. Signed by Judge Rodolfo A. Ruiz, II on 9/1/2020. See attached document for full details. (as03)
September 1, 2020 Opinion or Order Filing 218 RESPONSE to Motion re #203 Defendant's EXPEDITED MOTION To Approve Payment of Insurance Premiums - Supplemental Response to Declaration of Dean Vagnozzi filed by Ryan K Stumphauzer. Replies due by 9/8/2020. (Kolaya, Timothy)
September 1, 2020 Opinion or Order Filing 217 NOTICE by Dean J Vagnozzi re #211 Order Compliance (Attachments: #1 Exhibit Exhibit 1) (Miller, Brian)
September 1, 2020 Opinion or Order Filing 216 PAPERLESS ORDER setting status conference via Zoom on Tuesday, September 8, 2020 at 11:00 A.M. The Court will provide information on how to join the Zoom conference in a subsequent paperless order. Signed by Judge Rodolfo A. Ruiz, II on 9/1/2020. (as03)
August 31, 2020 Opinion or Order Filing 215 STATUS REPORT - Interim Status Report Dated August 31, 2020 by Ryan K Stumphauzer (Kolaya, Timothy)
August 31, 2020 Opinion or Order Filing 214 NOTICE by Ryan K Stumphauzer re #141 Order Notice of Filing Sworn Statement Pursuant to Paragraph 9 of the Amended Receivership Order (Attachments: #1 Exhibit 1 - Sworn Statement) (Kolaya, Timothy)
August 31, 2020 Opinion or Order Filing 213 NOTICE by Ryan K Stumphauzer re #160 MOTION to Compel the Production of Opinion Letters and Compliance Materials from Law Firms - Status Update (Kolaya, Timothy)
August 31, 2020 Opinion or Order Filing 212 RESPONSE to Motion re #160 MOTION to Compel the Production of Opinion Letters and Compliance Materials from Law Firms Defendant Dean Vagnozzi's Response in Opposition to Receiver Ryan K. Stumphauzer's Motion to Compel the Production of Opinion Letters and Compliance Materials from Law Firms filed by Dean J Vagnozzi. Replies due by 9/8/2020. (Attachments: #1 Exhibit A, #2 Exhibit B)(Paz, Alejandro)
August 31, 2020 Opinion or Order Filing 211 ORDER REQUIRING AFFIDAVIT FROM DEFENDANT DEAN J. VAGNOZZI. Signed by Judge Rodolfo A. Ruiz, II on 8/31/2020. See attached document for full details. (as03)
August 31, 2020 Opinion or Order Filing 209 RESPONSE to Motion re #160 MOTION to Compel the Production of Opinion Letters and Compliance Materials from Law Firms filed by Fox Rothschild LLP. Replies due by 9/8/2020. (Attachments: #1 Exhibit A, #2 Exhibit B)(Levitt, Peter)
August 31, 2020 Opinion or Order Filing 208 RESPONSE to Motion re #203 Defendant's EXPEDITED MOTION To Approve Payment of Insurance Premiums filed by Ryan K Stumphauzer. Replies due by 9/8/2020. (Attachments: #1 Exhibit 1 - Email Correspondence dated August 27, 2020)(Kolaya, Timothy)
August 29, 2020 Opinion or Order Filing 207 PAPERLESS ORDER directing Receiver Ryan K. Stumphauzer to submit response to #203 Defendant Dean J. Vagnozzi's Expedited Motion to Approve Payment of Insurance Premiums. Receiver shall submit his response by 10 A.M. on Monday, August 31, 2020. Signed by Judge Rodolfo A. Ruiz, II on 8/29/2020. (as03)
August 29, 2020 Opinion or Order Filing 206 PAPERLESS ORDER extending the relief the Court granted in #42 ORDER GRANTING EMERGENCY EX PARTE MOTION FOR TEMPORARY RESTRAINING ORDER AND OTHER RELIEF ("Temporary Restraining Order"). Considering extensions of time sought by the parties to submit proposed findings of fact and conclusions of law to allow time for settlement negotiations, the Court finds there is good cause for an extension of the Temporary Restraining Order. Except as modified by subsequent settlements between the parties or Orders from the Court, the relief the Court granted in the Temporary Restraining Order is extended through September 11, 2020. Signed by Judge Rodolfo A. Ruiz, II on 8/29/2020. (as03)
August 28, 2020 Opinion or Order Filing 205 RESPONSE in Support re #203 Defendant's EXPEDITED MOTION To Approve Payment of Insurance Premiums filed by Dean J Vagnozzi. (Miller, Brian)
August 27, 2020 Opinion or Order Filing 204 RESPONSE to Motion re #203 Defendant's EXPEDITED MOTION To Approve Payment of Insurance Premiums filed by Securities & Exchange Commission. Replies due by 9/3/2020. (Attachments: #1 Exhibit Exhibit A, Victory Bank Records, #2 Exhibit Exhibit B, Complaint against Vagnozzi and ABFP Income Fund, #3 Exhibit Exhibit C, August 11/12 2020 Settlement, #4 Exhibit Exhibit D, Agreement signed after Aug 10, #5 Exhibit Exhibit E, Aug 21 2020 case closed)(Berlin, Amie)
August 27, 2020 Opinion or Order Filing 203 Defendant's EXPEDITED MOTION To Approve Payment of Insurance Premiums by Dean J Vagnozzi. (Attachments: #1 Exhibit Exhibit A)(Miller, Brian)
August 27, 2020 Opinion or Order Filing 202 ORDER GRANTING PRELIMINARY INJUNCTION BY CONSENT AS TO DEFENDANT JOSEPH COLE BARLETA. Signed by Judge Rodolfo A. Ruiz, II on 8/27/2020. See attached document for full details. (as03)
August 26, 2020 Opinion or Order Filing 201 NOTICE of Settlement to Preliminary Injunction and other relief by Joseph LaForte by Securities & Exchange Commission (Berlin, Amie)
August 26, 2020 Opinion or Order Filing 200 Unopposed MOTION for Settlement Order re: Joseph Cole Barleta by Securities & Exchange Commission. Responses due by 9/9/2020 (Attachments: #1 Exhibit Consent, #2 Text of Proposed Order Proposed Order)(Berlin, Amie)
August 25, 2020 Opinion or Order Filing 199 ORDER GRANTING #198 THE RECEIVER'S THIRD EXPEDITED MOTION TO LIFT LITIGATION INJUNCTION AS TO CERTAIN GARNISHMENT PROCEEDINGS. Signed by Judge Rodolfo A. Ruiz, II on 8/25/2020. See attached document for full details. (as03)
August 25, 2020 Opinion or Order Filing 198 Third EXPEDITED MOTION to Lift Litigation Injunction as to Certain Garnishment Proceedings (Unopposed) re #141 Order by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
August 25, 2020 Opinion or Order Filing 197 WAIVER OF SERVICE Returned Executed by Securities & Exchange Commission. ABPF Management Company, LLC waiver sent on 8/25/2020, answer due 10/26/2020. (Berlin, Amie)
August 24, 2020 Opinion or Order Filing 196 PAPERLESS ORDER GRANTING #191 RECEIVER RYAN K. STUMPHAUZER'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE SWORN STATEMENT. The Receiver shall file the sworn statement for the Receivership Entities on or before August 31, 2020. Signed by Judge Rodolfo A. Ruiz, II on 8/24/2020. (as03)
August 24, 2020 Opinion or Order Filing 195 ORDER GRANTING PRELIMINARY INJUNCTION BY CONSENT AS TO DEFENDANT JOHN GISSAS. Signed by Judge Rodolfo A. Ruiz, II on 8/24/2020. See attached document for full details. (as03)
August 24, 2020 Opinion or Order Filing 194 ORDER AMENDING ASSET FREEZE AS TO JOHN GISSAS AND RETIREMENT EVOLUTION. Signed by Judge Rodolfo A. Ruiz, II on 8/24/2020. See attached document for full details. (as03)
August 23, 2020 Opinion or Order Filing 193 TRANSCRIPT of Status Conference via Zoom Video held on 8-17-2020 before Judge Rodolfo A. Ruiz, II, 1-86 pages, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/14/2020. Redacted Transcript Deadline set for 9/23/2020. Release of Transcript Restriction set for 11/23/2020. (gbx)
August 21, 2020 Opinion or Order Filing 192 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Continuation of Preliminary Injunction Hearing held on 8/21/2020. Defense continues presentation of their case. Securities & Exchange Commission presents a rebuttal. Exhibits identified and admitted. Proposed findings of fact and conclusions of law regarding the Securities & Exchange Commission's motion for a preliminary injunction, due on or before 12:00 P.M. on Wednesday, August 26, 2020 (see Order at [ECF No. 189]). All Counsel of Record, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov. (gp)
August 21, 2020 Opinion or Order Filing 191 Unopposed MOTION for Extension of Time to File Sworn Statement re #141 Order by Ryan K Stumphauzer. Responses due by 9/4/2020 (Kolaya, Timothy)
August 21, 2020 Opinion or Order Filing 190 ORDER GRANTING #184 DEFENDANT MICHAEL C. FURMAN'S AGREED MOTION TO MODIFY THE SCOPE OF THE RECEIVERSHIP ORDERS AND ASSET FREEZE. Signed by Judge Rodolfo A. Ruiz, II on 8/21/2020. See attached document for full details. (as03)
August 21, 2020 Opinion or Order Filing 189 PAPERLESS ORDER instructing the parties to send the Court proposed findings of fact and conclusions of law regarding the SEC's motion for a preliminary injunction. As discussed at the August 21, 2020 preliminary injunction hearing, the parties shall email their proposed findings of fact and conclusions of law to the Court at Ruiz@flsd.uscourts.gov, copying all counsel of record, on or before 12:00 P.M. on Wednesday, August 26, 2020. Signed by Judge Rodolfo A. Ruiz, II on 8/21/2020. (as03)
August 21, 2020 Opinion or Order Filing 188 NOTICE of Attorney Appearance by Chad M Vanderhoef on behalf of Retirement Evolution Income Fund LLC, John Gissas, RE Income Fund 2, LLC, Retirement Evolution Group, LLC. Attorney Chad M Vanderhoef added to party Retirement Evolution Income Fund LLC(pty:dft), Attorney Chad M Vanderhoef added to party John Gissas(pty:dft), Attorney Chad M Vanderhoef added to party RE Income Fund 2, LLC(pty:dft), Attorney Chad M Vanderhoef added to party Retirement Evolution Group, LLC(pty:dft). (Vanderhoef, Chad)
August 21, 2020 Opinion or Order Filing 187 MOTION for Preliminary Injunction and Consent of Defendant John Gissas by John Gissas. (Attachments: #1 Exhibit A - Consent of Defendant John Gissas, #2 Text of Proposed Order)(Small, Daniel)
August 21, 2020 Opinion or Order Filing 186 Unopposed MOTION to Modify the Scope of the Receivership Orders and Asset Freeze re #42 Order on Motion for Temporary Restraining Order by Retirement Evolution Income Fund LLC, John Gissas, RE Income Fund 2, LLC, Retirement Evolution Group, LLC. (Attachments: #1 Text of Proposed Order)(Small, Daniel)
August 21, 2020 Opinion or Order Filing 185 Exhibit List (Supplemental) by Lisa Mcelhone, The LME 2017 Family Trust.. (Attachments: #1 Exhibit S-A, #2 Exhibit S-B)(Hirschhorn, Joel)
August 21, 2020 Opinion or Order Filing 184 Agreed MOTION to Modify the Scope of the Receivership Orders and Asset Freeze re #56 Order on Motion to Amend/Correct, #42 Order on Motion for Temporary Restraining Order, #141 Order, #182 Order on Motion for Preliminary Injunction by Michael C Furman. (Attachments: #1 Text of Proposed Order)(Sallah, James)
August 20, 2020 Opinion or Order Filing 183 PAPERLESS ORDER DENYING AS MOOT #149 DEFENDANT PERRY ABBONIZIO'S MOTION FOR AN ORDER DIRECTING CITIZENS BANK TO UNFREEZE HIS ACCOUNTS AND MEMORANDUM IN SUPPORT OF LIMITING THE SCOPE OF ANY POTENTIAL ASSET FREEZE IN LIGHT OF #181 ORDER GRANTING PRELIMINARY INJUNCTION BY CONSENT AS TO DEFENDANT PERRY S. ABBONIZIO. Signed by Judge Rodolfo A. Ruiz, II on 8/20/2020. (as03)
August 20, 2020 Opinion or Order Filing 182 ORDER GRANTING PRELIMINARY INJUNCTION BY CONSENT AS TO DEFENDANT MICHAEL C. FURMAN. Signed by Judge Rodolfo A. Ruiz, II on 8/20/2020. See attached document for full details. (as03)
August 20, 2020 Opinion or Order Filing 181 ORDER GRANTING PRELIMINARY INJUNCTION BY CONSENT AS TO DEFENDANT PERRY S. ABBONIZIO. Signed by Judge Rodolfo A. Ruiz, II on 8/20/2020. See attached document for full details. (as03)
August 20, 2020 Opinion or Order Filing 180 STATUS REPORT by Ryan K Stumphauzer (Attachments: #1 Exhibit 1 - Proposed Staffing Plan)(Kolaya, Timothy)
August 20, 2020 Opinion or Order Filing 179 NOTICE by Securities & Exchange Commission of Filing Updated Asset Freeze Results (Attachments: #1 Exhibit A. Recipients of Asset Freeze Order) (Berlin, Amie)
August 20, 2020 Opinion or Order Filing 178 STATUS REPORT as Custodian by Fox Rothschild LLP (Levitt, Peter)
August 20, 2020 Opinion or Order Filing 177 NOTICE by Securities & Exchange Commission of Filing Exhibits (Attachments: #1 Exhibit List of Admitted Exhibits Into Evidence During 8-18-20 PI Hearing, #2 Exhibit 168. Composite of Photos of Par Funding, #3 Exhibit 169. 5-2-16 Email, #4 Exhibit 170. 6-27-16 Email, #5 Exhibit 171. 2-27-17 Email, #6 Exhibit 172. 5-5-17 Email, #7 Exhibit 173. 10-26-17 Email, #8 Exhibit 174. 11-21-17 Email, #9 Exhibit 175. 11-21-17 Email, #10 Exhibit 176. 12-11-17 Email, #11 Exhibit 177. 12-14-17 Email, #12 Exhibit 178. 12-14-17 Email, #13 Exhibit 179. Fleetwood Case, #14 Exhibit 180. 1-24-18 Email, #15 Exhibit 181. 4-3-18 Email, #16 Exhibit 182. Declaration of Gerald Dzurek, #17 Exhibit 183. CBSG HMC Chart, #18 Exhibit 184. 2-2-17 Email, #19 Exhibit 185. 2-13-17 Email, #20 Exhibit 186. Furman Notes, #21 Exhibit 187. Certificate of Trust, #22 Exhibit 188. Furman's Responses to Admissions, #23 Exhibit 189. Mitchell Declaration, #24 Exhibit 190. Vagnozzi Accounting, #25 Exhibit 191. June MCA Update, #26 Exhibit 192. Fidelis Financial Planning, #27 Exhibit 193. Fidelis Financial Workbook, #28 Exhibit 194. Declaration of Victoria Jacqmein, #29 Exhibit 195. Retirement Evolution Spreadsheet, #30 Exhibit 196. Declaration of Christopher McMorrow, #31 Exhibit 197. Part 1 Retirement Evolution CBSG Notes, #32 Exhibit 197. Part 2 Retirement Evolution CBSG Notes, #33 Exhibit 198. ABFP Financial Record for Blue Stream Investors, #34 Exhibit 199. Declaration of Shannon Westhead, #35 Exhibit 200. Declaration of Paul Nick, #36 Exhibit 201. Fleetwood First Amended Complaint, #37 Exhibit 202. Fleetwood Second Amended Complaint, #38 Exhibit 203. Declaration of Robert Stoller, #39 Exhibit 204. Declaration of Joseph Brock, #40 Exhibit 205. Declaration of Joseph Greenberg, #41 Exhibit 206. Declaration of Richard Muldawer, #42 Exhibit 207. Declaration of Karen Smith, #43 Exhibit 208. Declaration of Phillip Mowry, #44 Exhibit 209. CBSG and Related LLC Purchase Fund Transfer, #45 Exhibit 210. Voicemail of Robert Hawrylak, #46 Exhibit 211. Declaration of David Gollner, #47 Exhibit 212. Declaration of Francis Cassidy, #48 Exhibit 213. Declaration of Joseph Gassman, #49 Exhibit 214. Declaration of Mark Nardelli, #50 Exhibit 215. Melissa Davis Supplemental Declaration, #51 Exhibit Declaration of Raymond Andjich, #52 Exhibit 217. Declaration of James Klenk) (Berlin, Amie)
August 20, 2020 Opinion or Order Filing 176 Plaintiff's MOTION for Preliminary Injunction and Consent of Defendant Michael C. Furman by Securities & Exchange Commission. (Attachments: #1 Exhibit A. Furman Consent, #2 Text of Proposed Order)(Berlin, Amie)
August 20, 2020 Opinion or Order Filing 175 NOTICE of Attorney Appearance by Miranda Lundeen Soto on behalf of Fox Rothschild LLP. Attorney Miranda Lundeen Soto added to party Fox Rothschild LLP(pty:cust). (Soto, Miranda)
August 20, 2020 Opinion or Order Filing 174 NOTICE of Attorney Appearance by Peter Harlan Levitt on behalf of Fox Rothschild LLP. Attorney Peter Harlan Levitt added to party Fox Rothschild LLP(pty:cust). (Levitt, Peter)
August 20, 2020 Opinion or Order Filing 173 Plaintiff's MOTION for Preliminary Injunction and Consent of Defendant Perry Abbonizio by Securities & Exchange Commission. (Attachments: #1 Exhibit A. Abbonizio Consent, #2 Text of Proposed Order)(Berlin, Amie)
August 18, 2020 Opinion or Order Filing 172 PAPERLESS ORDER extending the relief the Court granted in #42 ORDER GRANTING EMERGENCY EX PARTE MOTION FOR TEMPORARY RESTRAINING ORDER AND OTHER RELIEF ("Temporary Restraining Order"). As discussed at the preliminary injunction hearing on August 18, 2020, the Court finds there is good cause for an extension of the Temporary Restraining Order through Friday, September 4, 2020 to allow time for continuation of the preliminary injunction hearing and for the Court to issue an order ruling on Plaintiffs request for a preliminary injunction. Signed by Judge Rodolfo A. Ruiz, II on 8/18/2020. (as03)
August 18, 2020 Opinion or Order Filing 171 PAPERLESS ORDER setting continuation of preliminary injunction hearing for Friday, August 21, 2020 at 10:00 A.M. The hearing will take place via Zoom videoconference. The Zoom hearing can be accessed at https://www.zoomgov.com/j/1610595966?pwd=REQvVXZQOG44Szlsbms1dGVPa0pjdz09. The Meeting ID is 161 059 5966 and the Passcode is 021960. Signed by Judge Rodolfo A. Ruiz, II on 8/18/2020. (as03)
August 18, 2020 Opinion or Order Filing 170 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Preliminary Injunction Hearing held on 8/18/2020. Securities & Exchange Commission's presents their case in chief. Exhibits identified and admitted. Defense begins presentation of their case. Preliminary Injunction Hearing will resume on Friday, August 21, 2020 at 10:00 AM. Order to follow. Attorney Appearance(s): All Counsel of Record; Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov. (gp)
August 18, 2020 Opinion or Order Filing 169 PAPERLESS ORDER *** TIME CHANGE ONLY *** resetting preliminary injunction hearing on Tuesday, August 18, 2020 to 11:00 A.M.. Pursuant to a joint request from Plaintiff Securities and Exchange Commission and Defendants counsel, the Court is moving the preliminary injunction hearing from 10:00 A.M. to 11:00 A.M. The Zoom hearing can be accessed at https://www.zoomgov.com/j/1601677125?pwd=VnNmOXB2eHBXVHAvWFE5Vzk2TlNVZz09. The Meeting ID is 160 167 7125 and the Passcode is 998431. Signed by Judge Rodolfo A. Ruiz, II on 8/18/2020. (as03)
August 17, 2020 Opinion or Order Filing 168 NOTICE of Attorney Appearance by Joshua Arnold Katz on behalf of Michael C Furman. Attorney Joshua Arnold Katz added to party Michael C Furman(pty:dft). (Katz, Joshua)
August 17, 2020 Opinion or Order Filing 167 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Telephone Status Conference held on 8/17/2020. Attorney Appearance(s): All counsel of record, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov. (gp)
August 17, 2020 Opinion or Order Filing 166 NOTICE by Ryan K Stumphauzer of Establishing Receivership Website (Kolaya, Timothy)
August 17, 2020 Opinion or Order Filing 165 ORDER REFERRING #160 RECEIVER'S MOTION TO COMPEL THE PRODUCTION OF OPINION LETTERS AND COMPLIANCE MATERIALS FROM LAW FIRMS. Motion referred to Judge Bruce E. Reinhart. Signed by Judge Rodolfo A. Ruiz, II on 8/16/2020. See attached document for full details. (as03)
August 17, 2020 Opinion or Order Filing 164 Order Requiring Joint Scheduling Report. Joint Scheduling Report due by September 8, 2020. Signed by Judge Rodolfo A. Ruiz, II on 8/17/2020. See attached document for full details. (as03)
August 17, 2020 Opinion or Order Filing 163 PAPERLESS ORDER regarding preliminary injunction hearing scheduled for Tuesday, August 18, 2020 at 10:00 A.M. The Zoom hearing can be accessed at https://www.zoomgov.com/j/1601677125?pwd=VnNmOXB2eHBXVHAvWFE5Vzk2TlNVZz09. The Meeting ID is 160 167 7125 and the Passcode is 998431. Signed by Judge Rodolfo A. Ruiz, II on 8/17/2020. (as03)
August 17, 2020 Opinion or Order Filing 162 PAPERLESS ORDER granting #161 Defendant Dean Vagnozzi's Agreed Motion to Seal 147 Opposition to SEC's Motion for TRO and Other Relief and Brief on Preliminary Injunction Hearing Issues. The Clerk is directed to SEAL ECF No. 147 . Signed by Judge Rodolfo A. Ruiz, II on 8/17/2020. (as03)
August 17, 2020 Opinion or Order Filing 161 MOTION to Seal Defendant Dean Vagnozzi's Agreed Motion to Seal his [D.E. 147] Opposition to SEC's Motion for TRO and other Relief, and Brief on Preliminary injunction Hearing Issues per Local Rule 5.4 by Dean J Vagnozzi. (Paz, Alejandro)
August 16, 2020 Opinion or Order Filing 160 MOTION to Compel the Production of Opinion Letters and Compliance Materials from Law Firms by Ryan K Stumphauzer. Responses due by 8/31/2020 (Attachments: #1 Exhibit 1 - Letter Dated August 6, 2020, #2 Exhibit 2 - Letter from Receiver Dated August 10, 2020, #3 Exhibit 3 - Letter from Welsh & Recker Dated August 10, 2020, #4 Exhibit 4 - Letter from Receiver Dated August 11, 2020, #5 Exhibit 5 - Letter from Jenner & Block Dated August 10, 2020, #6 Exhibit 6 - Letter from Welsh & Recker Dated August 12, 2020, #7 Exhibit 7 - Letter from Receiver Dated August 14, 2020, #8 Exhibit 8 - Letter from Welsh & Recker Dated August 14, 2020)(Kolaya, Timothy)
August 15, 2020 Opinion or Order Filing 159 ORDER GRANTING #155 RECEIVER'S EMERGENCY MOTION TO ENJOIN ACCESS TO COMPLETE BUSINESS SOLUTIONS GROUP, INC. D/B/A PAR FUNDING AND FULL SPECTRUM PROCESSING, INC.'S ELECTRONICALLY STORED INFORMATION. Signed by Judge Rodolfo A. Ruiz, II on 8/15/2020. See attached document for full details. (as03)
August 15, 2020 Opinion or Order Filing 158 ORDER GRANTING #143 MOTION TO WITHDRAW AS COUNSEL. Signed by Judge Rodolfo A. Ruiz, II on 8/15/2020. See attached document for full details. (as03)
August 15, 2020 Opinion or Order Filing 157 ORDER GRANTING #156 RECEIVER'S EXPEDITED MOTION TO QUASH FRIDAY AFTERNOON SUBPOENA AND FOR PROTECTIVE ORDER. Signed by Judge Rodolfo A. Ruiz, II on 8/15/2020. See attached document for full details. (as03)
August 15, 2020 Opinion or Order Filing 156 EXPEDITED MOTION to Quash Friday Afternoon Subpoena and for Protective Order by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Subpoena for Deposition, #2 Exhibit 2 - Email dated August 14, 2020, #3 Text of Proposed Order)(Kolaya, Timothy)
August 15, 2020 Opinion or Order Filing 155 EMERGENCY MOTION with Certification of Emergency included to Enjoin Access to Complete Business Solutions Group, Inc. d/b/a Par Funding and Full Spectrum Processing, Inc.s Electronically Stored Information and for Order to Show Cause Against Former CBSG and Full Spectrum Employees That Violated This Courts Receivership Order by Ryan K Stumphauzer. Responses due by 8/31/2020 (Attachments: #1 Exhibit 1 - List of Other Entities, #2 Exhibit 2 - Email from Kevin Young, #3 Text of Proposed Order)(Kolaya, Timothy)
August 15, 2020 Opinion or Order Filing 154 NOTICE by Securities & Exchange Commission of Filing Correspondence to Investors (Attachments: #1 Exhibit Ex. A Correspondence to Investors, #2 Exhibit Ex. B Candell) (Berlin, Amie)
August 15, 2020 Opinion or Order Filing 153 PAPERLESS ORDER granting #135 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for attorney Bettina Schein. Signed by Judge Rodolfo A. Ruiz, II on 8/15/2020. (as03)
August 14, 2020 Opinion or Order Filing 152 ORDER DENYING #128 MOTION OF ALAN J. CANDELL TO INTERVENE. Signed by Judge Rodolfo A. Ruiz, II on 8/14/2020. See attached document for full details. (as03)
August 14, 2020 Opinion or Order Filing 151 ORDER GRANTING #145 RECEIVER'S SECOND EXPEDITED MOTION TO LIFT LITIGATION INJUNCTION AS TO CERTAIN GARNISHMENT PROCEEDINGS Signed by Judge Rodolfo A. Ruiz, II on 8/14/2020. See attached document for full details. (as03)
August 14, 2020 Opinion or Order Filing 150 Witness List for August 18, 2020 Preliminary Injunction Hearing by Dean J Vagnozzi.. (Miller, Brian)
August 14, 2020 Opinion or Order Filing 149 Defendant's MOTION for an Order Directing Citizen's Bank to Unfreeze Accounts and Memorandum in Support of Limiting the Scope of any Potential Asset Freeze by Perry S Abbonizio. (Marcus, Jeffrey)
August 14, 2020 Opinion or Order Filing 148 RESPONSE TO ORDER TO SHOW CAUSE by Lisa Mcelhone, The LME 2017 Family Trust, Joseph Cole Barleta, Joseph W. LaForte. (Attachments: #1 Table of Contents, #2 Exhibit List, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N, #17 Exhibit O, #18 Exhibit P, #19 Exhibit Q)(Hirschhorn, Joel)
August 14, 2020 Opinion or Order Filing 147 RESPONSE in Opposition re #14 MOTION for Temporary Restraining Order and Other Relief, and Brief on Preliminary Injunction Hearing Issues filed by Dean J Vagnozzi. Replies due by 8/21/2020. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J)(Miller, Brian)
August 14, 2020 Opinion or Order Filing 146 RESPONSE in Opposition re #14 MOTION for Temporary Restraining Order filed by Retirement Evolution Income Fund LLC, John Gissas, RE Income Fund 2, LLC, Retirement Evolution Group, LLC. Replies due by 8/21/2020. (Attachments: #1 Exhibit 1, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit 2)(Small, Daniel)
August 14, 2020 Opinion or Order Filing 145 Second EXPEDITED MOTION to Lift Litigation Injunction as to Certain Garnishment Proceedings (Unopposed) by Ryan K Stumphauzer. (Attachments: #1 Text of Proposed Order)(Kolaya, Timothy)
August 14, 2020 Opinion or Order Filing 144 NOTICE of Attorney Appearance by James D. Sallah on behalf of Michael C Furman. Attorney James D. Sallah added to party Michael C Furman(pty:dft). (Sallah, James)
August 14, 2020 Opinion or Order Filing 143 MOTION to Withdraw as Attorney for Complete Business Solutions Group, Inc. and Full Spectrum Processing, Inc. by Joseph A. DeMaria, Brett Berman, Robert F. Elgidely and Alex L. Braunstein for / by Complete Business Solutions Group, Inc., Full Spectrum Processing, Inc.. Responses due by 8/28/2020 (DeMaria, Joseph)
August 14, 2020 Opinion or Order Filing 142 NOTICE of Attorney Appearance by Daniel Scott Fridman on behalf of L.M.E. 2017 Family Trust, The LME 2017 Family Trust. Attorney Daniel Scott Fridman added to party L.M.E. 2017 Family Trust(pty:dft), Attorney Daniel Scott Fridman added to party The LME 2017 Family Trust(pty:dft). (Fridman, Daniel)
August 14, 2020 Opinion or Order Attorney Brett A. Berman representing Mcelhone, Lisa (Defendant) and Barleta, Joseph Cole (Defendant) and LaForte, Joseph W. (Defendant); and L.M.E. 2017 Family Trust (Defendant); ; Attorney Alex Louis Braunstein representing Mcelhone, Lisa (Defendant) and Barleta, Joseph Cole (Defendant); and LaForte, Joseph W. (Defendant); and L.M.E. 2017 Family Trust (Defendant); ; Attorney Joseph A. DeMaria representing Mcelhone, Lisa (Defendant) and Barleta, Joseph Cole (Defendant); and LaForte, Joseph W. (Defendant); and L.M.E. 2017 Family Trust (Defendant); ; Attorney Robert F. Elgidely representing Mcelhone, Lisa (Defendant) and Barleta, Joseph Cole (Defendant); and LaForte, Joseph W. (Defendant); and L.M.E. 2017 Family Trust (Defendant); terminated. Notice of Termination delivered by US Mail to Brett Berman. See DE #139 . (pes)
August 13, 2020 Opinion or Order Filing 141 AMENDED ORDER APPOINTING RECEIVER. Signed by Judge Rodolfo A. Ruiz, II on 8/13/2020. See attached document for full details. (as03)
August 13, 2020 Opinion or Order Filing 140 ORDER granting #105 Plaintiff's Expedited Motion to Amend Receivership Order. Signed by Judge Rodolfo A. Ruiz, II on 8/13/2020. See attached document for full details. (as03)
August 13, 2020 Opinion or Order Filing 139 ORDER granting #138 Fox Rothschild LLP's Motion to Withdraw as Counsel for Joseph Cole Barleta, Joseph W. LaForte, Lisa McElhone, and the L.M.E. 2017 Family Trust. Signed by Judge Rodolfo A. Ruiz, II on 8/13/2020. See attached document for full details. (as03)
August 13, 2020 Opinion or Order Filing 138 MOTION to Withdraw as Attorney for Joseph Cole Barleta, Joseph W. LaForte, Lisa McElhone and The LME 2017 Family Trust by Joseph A. DeMaria, Brett Berman, Robert F. Elgidely, Alex L. Braunstein for / by Joseph Cole Barleta, L.M.E. 2017 Family Trust, Joseph W. LaForte, Lisa Mcelhone. Responses due by 8/27/2020 (DeMaria, Joseph)
August 13, 2020 Opinion or Order Filing 137 WAIVER OF SERVICE Returned Executed by Securities & Exchange Commission. The LME 2017 Family Trust waiver sent on 8/10/2020, answer due 10/9/2020. (Berlin, Amie)
August 13, 2020 Opinion or Order Filing 136 Notice of Entry of Parties Listed NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): The LME 2017 Family Trust. (Berlin, Amie)
August 12, 2020 Opinion or Order Filing 135 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Bettina Schein. Filing Fee $ 200.00 Receipt # AFLSDC-13341446 by Joseph Cole Barleta. Responses due by 8/26/2020 (Attachments: #1 Text of Proposed Order)(Raikhelson, Andre)
August 12, 2020 Opinion or Order Filing 134 NOTICE of Attorney Appearance by Andre G. Raikhelson on behalf of Joseph Cole Barleta. Attorney Andre G. Raikhelson added to party Joseph Cole Barleta(pty:dft). (Raikhelson, Andre)
August 12, 2020 Opinion or Order Filing 133 RESPONSE to Motion re #105 Plaintiff's EXPEDITED MOTION To Amend Receivership Order filed by Ryan K Stumphauzer. Replies due by 8/19/2020. (Attachments: #1 Exhibit 1 - Excerpts from Transcript dated August 4, 2020, #2 Exhibit 2 - Email from J. DeMaria dated August 6, 2020, #3 Exhibit 3 - Email from B. Berman dated August 6, 2020, #4 Exhibit 4 - Email from J. DeMaria dated August 6, 2020, #5 Exhibit 5 - Letter from Receiver to Defendants dated August 10, 2020, #6 Exhibit 6 - Letter from Receiver to Legal Advisors dated August 10, 2020, #7 Exhibit 7 - Letter from Counsel for Lisa McElhone dated August 6, 2020)(Kolaya, Timothy)
August 12, 2020 Opinion or Order Filing 132 Amended RESPONSE to #105 Plaintiff's EXPEDITED MOTION To Amend Receivership Order by L.M.E. 2017 Family Trust, Lisa Mcelhone. (Attachments: #1 Exhibit, #2 Exhibit)(Hirschhorn, Joel)
August 12, 2020 Opinion or Order Filing 131 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Securities & Exchange Commission. Full Spectrum Processing, Inc. served on 8/11/2020, answer due 9/1/2020. (Berlin, Amie)
August 12, 2020 Opinion or Order Filing 130 RESPONSE in Opposition re #105 Plaintiff's EXPEDITED MOTION To Amend Receivership Order filed by L.M.E. 2017 Family Trust, Lisa Mcelhone. Replies due by 8/19/2020. (Attachments: #1 Exhibit, #2 Exhibit)(Hirschhorn, Joel)
August 12, 2020 Opinion or Order Filing 129 Consent by Pro Se Litigant (Non-Prisoner) Alan J. Candell to receive Notices of Electronic Filing at email address: alanesq47@aol.com (jao)
August 12, 2020 Opinion or Order Filing 128 MOTION to Intervene with Memorandum of Law by Alan J. Candell. (jao)
August 12, 2020 Opinion or Order Filing 127 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Securities & Exchange Commission. United Fidelis Group Corp. served on 8/10/2020, answer due 8/31/2020. (Berlin, Amie)
August 12, 2020 Opinion or Order Filing 126 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Securities & Exchange Commission. ABetterFinancialPlan.com LLC served on 8/10/2020, answer due 8/31/2020. (Berlin, Amie)
August 12, 2020 Opinion or Order Filing 125 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Securities & Exchange Commission. Fidelis Financial Planning LLC served on 8/10/2020, answer due 8/31/2020. (Berlin, Amie)
August 12, 2020 Opinion or Order Filing 124 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Securities & Exchange Commission. Complete Business Solutions Group, Inc. served on 8/10/2020, answer due 8/31/2020. (Berlin, Amie)
August 12, 2020 Opinion or Order Filing 123 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Securities & Exchange Commission. ABPF Management Company, LLC served on 8/10/2020, answer due 8/31/2020. (Berlin, Amie)
August 12, 2020 Opinion or Order Filing 122 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Securities & Exchange Commission. ABPF Income Fund, LLC served on 8/10/2020, answer due 8/31/2020. (Berlin, Amie)
August 12, 2020 Opinion or Order Filing 121 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Securities & Exchange Commission. ABPF Income Fund 2, L.P. served on 8/10/2020, answer due 8/31/2020. (Berlin, Amie)
August 12, 2020 Opinion or Order Filing 120 TRANSCRIPT of telephonic status hearing held on 7-27-2020 before Judge Rodolfo A. Ruiz, II, 1-32 pages, Court Reporter: Dawn Savino, 305-523-5598 / Dawn_Savino@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/2/2020. Redacted Transcript Deadline set for 9/14/2020. Release of Transcript Restriction set for 11/10/2020. (Savino, Dawn)
August 10, 2020 Opinion or Order Filing 119 AMENDED COMPLAINT For Injunctive And Other Relief against All Defendants, filed by Securities & Exchange Commission.(Berlin, Amie)
August 10, 2020 Opinion or Order Filing 118 Summons Issued as to L.M.E. 2017 Family Trust. (pes)
August 10, 2020 Opinion or Order Filing 117 NOTICE of Filing Proposed Summons(es) Corrected Summons by Securities & Exchange Commission (Berlin, Amie)
August 9, 2020 Opinion or Order Filing 116 ORDER GRANTING #101 RECEIVER'S EXPEDITED MOTION TO APPROVE RETAINED PROFESSIONAL. Signed by Judge Rodolfo A. Ruiz, II on 8/9/2020. See attached document for full details. (as03)
August 9, 2020 Opinion or Order Filing 115 Joint REPLY to the Receivers Response to Defendants Joint Cross Motion to Have This Court Direct the Receiver to Rehire Skilled, Knowledgeable and Experienced CBSG Employees Who Know the Business and Have Been Out of Work Since the TRO and the Receivers Appointment #114 by Joseph Cole Barleta, L.M.E. 2017 Family Trust, Joseph W. LaForte, Lisa Mcelhone. (Attachments: #1 Exhibit, #2 Exhibit)(Hirschhorn, Joel)
August 8, 2020 Opinion or Order Filing 114 REPLY to Response to Motion re #101 EXPEDITED MOTION to Approve Retained Professional (Corrected) filed by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Grand Jury Indictment)(Kolaya, Timothy)
August 8, 2020 Opinion or Order Filing 113 REPLY to Response to Motion re #101 EXPEDITED MOTION to Approve Retained Professional filed by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Grand Jury Indictment)(Kolaya, Timothy)
August 7, 2020 Opinion or Order Filing 112 ORDER GRANTING #111 RECEIVER'S EMERGENCY MOTION TO LIFT LITIGATION INJUNCTION AS TO CERTAIN GARNISHMENT PROCEEDINGS. Signed by Judge Rodolfo A. Ruiz, II on 8/7/2020. See attached document for full details. (as03)
August 7, 2020 Opinion or Order Filing 111 EXPEDITED MOTION to Lift Litigation Injunction as to Certain Garnishment Proceedings re #56 Order on Motion to Amend/Correct by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Actions Satisfied or Resolved by Agreement, #2 Exhibit 2 - Actions Subject to Bankruptcy Filings, #3 Text of Proposed Order)(Kolaya, Timothy)
August 7, 2020 Opinion or Order Filing 110 Corrected Transcript and Notice of Correction of Status Conference via Zoom Video held on 8-4-2020 (corrected as to date held) before Judge Rodolfo A. Ruiz, II, 1-136 pages, re: #103 Transcript,, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov. (gbx)
August 7, 2020 Opinion or Order Filing 109 RESPONSE to Motion re #101 EXPEDITED MOTION to Approve Retained Professional filed by Dean J Vagnozzi. Replies due by 8/14/2020. (Miller, Brian)
August 7, 2020 Opinion or Order Filing 108 PAPERLESS ORDER regarding #105 Plaintiff's Expedited Motion to Amend Receivership Order ("Motion"). Any Defendants who oppose the Motion shall file a single combined response on or before Wednesday, August 12, 2020 at 5:00 P.M. No Reply will be permitted without leave from the Court. Before Defendants file their response, Plaintiff and Defendants shall take all possible to steps to meet and confer regarding the relief requested in the Motion. Signed by Judge Rodolfo A. Ruiz, II on 8/7/2020. (as03)
August 7, 2020 Opinion or Order Filing 107 RESPONSE to Motion re #105 Plaintiff's EXPEDITED MOTION To Amend Receivership Order filed by Complete Business Solutions Group, Inc., Full Spectrum Processing, Inc.. Replies due by 8/14/2020. (DeMaria, Joseph)
August 7, 2020 Opinion or Order Filing 106 RESPONSE to Motion re #101 EXPEDITED MOTION to Approve Retained Professional and Defendants Joint Cross Motion to Have This Court Direct the Receiver to Immediately Engage Approximately 70 Skilled, Knowledgeable and Experienced CBSG Employees Who Know the Business and Have Been Out of Work Forced From Their Jobs Since the TRO and the Receivers Appointment filed by Joseph Cole Barleta, L.M.E. 2017 Family Trust, Lisa Mcelhone. Attorney Joel Hirschhorn added to party Joseph Cole Barleta(pty:dft). Replies due by 8/14/2020. (Attachments: #1 Exhibit, #2 Exhibit)(Hirschhorn, Joel)
August 7, 2020 Opinion or Order Filing 105 Plaintiff's EXPEDITED MOTION To Amend Receivership Order by Securities & Exchange Commission. (Attachments: #1 Exhibit A.Vagnozzi Response, #2 Exhibit B.Composite of Receiverhship Order, #3 Exhibit C. Email, #4 Exhibit D. Email, #5 Exhibit E. Declaration of Shane Heskin, #6 Text of Proposed Order)(Berlin, Amie)
August 7, 2020 Opinion or Order Filing 104 ORDER REQUIRING COMBINED RESPONSES. Signed by Judge Rodolfo A. Ruiz, II on 8/7/2020. See attached document for full details. (as03)
August 7, 2020 Opinion or Order Filing 103 TRANSCRIPT of Status Conference via Zoom Video held on 8-4-2020 before Judge Rodolfo A. Ruiz, II, 136 pages, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/28/2020. Redacted Transcript Deadline set for 9/8/2020. Release of Transcript Restriction set for 11/5/2020. (gbx)
August 6, 2020 Opinion or Order Filing 102 PAPERLESS ORDER regarding #101 Receiver's Motion to Approve Retained Professional ("Motion"). Any responses to the Motion shall be filed by Friday, August 7, 2020 at 5:00 P.M.. To the extent Receiver wishes to file a reply, he must do so by Saturday, August 8, 2020 at 5:00 P.M.. Signed by Judge Rodolfo A. Ruiz, II on 8/6/2020. (as03)
August 6, 2020 Opinion or Order Filing 101 EXPEDITED MOTION to Approve Retained Professional by Ryan K Stumphauzer. (Attachments: #1 Exhibit 1 - Proposed Engagement Letter and Qualifications for Development Specialists, Inc., #2 Text of Proposed Order)(Kolaya, Timothy)
August 6, 2020 Opinion or Order Filing 100 NOTICE by Complete Business Solutions Group, Inc., Full Spectrum Processing, Inc. of Independent Counsel's Continuing Role for the Companies (DeMaria, Joseph)
August 6, 2020 Opinion or Order Filing 99 PAPERLESS ORDER denying #71 Defendants' Agreed Joint Motion to Continue Hearing on Plaintiff's Motion for Preliminary Injunction as MOOT in light of #97 the Court's Order Resetting Preliminary Injunction Hearing. Signed by Judge Rodolfo A. Ruiz, II on 8/6/2020. (as03)
August 6, 2020 Opinion or Order Filing 98 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Securities & Exchange Commission. Joseph Cole Barleta served on 8/5/2020, answer due 8/26/2020. (Berlin, Amie)
August 6, 2020 Opinion or Order Set Hearings Preliminary Injunction Hearing set for 8/18/2020 10:00 AM in Fort Lauderdale Division before Judge Rodolfo A. Ruiz II. Telephonic Status Conference set for 8/17/2020 02:30 PM in Fort Lauderdale Division before Judge Rodolfo A. Ruiz II. Per ECF No. #97 Order. (gp)
August 5, 2020 Opinion or Order Filing 97 ORDER RESETTING PRELIMINARY INJUNCTION HEARING. Signed by Judge Rodolfo A. Ruiz, II on 8/5/2020. See attached document for full details. (as03)
August 5, 2020 Opinion or Order Filing 96 PAPERLESS ORDER granting #68 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for attorney James R. Froccaro, Jr., Esq. Signed by Judge Rodolfo A. Ruiz, II on 8/5/2020. (as03)
August 5, 2020 Opinion or Order Filing 95 PAPERLESS ORDER granting #62 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for attorney Alan S. Futerfas, Esq. Signed by Judge Rodolfo A. Ruiz, II on 8/5/2020. (as03)
August 5, 2020 Opinion or Order Filing 94 NOTICE by Securities & Exchange Commission of Parties' positions on preliminary injunction hearing dates (Berlin, Amie)
August 5, 2020 Opinion or Order Filing 93 Clerks Notice to Filer re #91 Notice (Other). Docket Text Does Not Match Document; ERROR - The Filer failed to enter a title in the docket text that matches the title of the document. The correction was made by the Clerk. It is not necessary to refile the document. (pes)
August 4, 2020 Opinion or Order Filing 92 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Status Conference Hearing held on 8/4/2020. Order to follow. Attorney Appearance(s): All Counsel of Record, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov. (gp)
August 4, 2020 Opinion or Order Filing 91 NOTICE of Joinder in Defendant Dean Vagnozzi's Brief on Current Scope of Receivership and Asset Freeze Issues by L.M.E. 2017 Family Trust, Lisa Mcelhone re #82 Memorandum (Hirschhorn, Joel) Modified text to reflect document title on 8/5/2020 (pes).
August 4, 2020 Opinion or Order Filing 90 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Securities & Exchange Commission. Dean J Vagnozzi served on 8/3/2020, answer due 8/24/2020. (Berlin, Amie)
August 4, 2020 Opinion or Order Filing 89 NOTICE by Securities & Exchange Commission of Filing Exhibits to Use During Hearing (Attachments: #1 Exhibit 1. Davis Declaration, #2 Exhibit 2. Furman Discovery Responses, #3 Exhibit 3. Vagnozzi Discovery Responses) (Berlin, Amie)
August 4, 2020 Opinion or Order Filing 88 PAPERLESS ORDER granting #87 Expedited Request to Participate in August 4, 2020, 3:30 P.M. Zoom hearing ("Motion"). The Court will send information on how to join the hearing via Zoom to the email address provided in the Motion. Signed by Judge Rodolfo A. Ruiz, II on 8/4/2020. (as03)
August 4, 2020 Opinion or Order Filing 87 EXPEDITED MOTION/REQUEST To Participate in 08.03.2020 Zoom Hearing by Broadway Advance LLC. Attorney Fred Arthur Schwartz added to party Fred A. Schwartz (pty:dft). (Schwartz, Fred) -Modified text on 8/4/2020 (gp)-
August 4, 2020 Opinion or Order Filing 86 PAPERLESS ORDER granting #85 Motion for Leave to File Excess Pages. Signed by Judge Rodolfo A. Ruiz, II on 8/4/2020. (as03)
August 4, 2020 Opinion or Order Filing 85 MOTION for Leave to File Excess Pages by Complete Business Solutions Group, Inc., Full Spectrum Processing, Inc.. (DeMaria, Joseph)
August 4, 2020 Opinion or Order Filing 84 MEMORANDUM of Law Regarding the Scope of the Receiver's Activities Pursuant to the Current TRO by Joseph Cole Barleta, Complete Business Solutions Group, Inc., Full Spectrum Processing, Inc., L.M.E. 2017 Family Trust, Joseph W. LaForte, Lisa Mcelhone. (Attachments: #1 Exhibit, #2 Exhibit)(Hirschhorn, Joel)
August 4, 2020 Opinion or Order Filing 83 NOTICE by Ryan K Stumphauzer re 74 Order,,, of Filing Interim Status Report of Receivership (Kolaya, Timothy)
August 4, 2020 Opinion or Order Filing 82 MEMORANDUM of Law Defendant Dean Vagnozzi's Brief on Current Scope of Receivership and Asset Freeze Issues by Dean J Vagnozzi. (Paz, Alejandro)
August 4, 2020 Opinion or Order Filing 81 NOTICE by Securities & Exchange Commission re 74 Order,,, Of Filing Fnancial Institutions to Which the Court's Order Was Sent And Amounts Frozen Pursuant to the Asset Freeze Order (Berlin, Amie)
August 4, 2020 Opinion or Order Filing 80 MEMORANDUM of Law re 74 Order,,, in Response to the Court's Order Dated August 3, 2020 [ECF No. 74] by Michael C Furman. (Attachments: #1 Exhibit A, #2 Exhibit B)(Cox, Jeffrey)
August 4, 2020 Opinion or Order Filing 79 MEMORANDUM in Support re 74 Order,,, Memorandum to the Court regarding Scope of the Receivership by Retirement Evolution Income Fund LLC, John Gissas, RE Income Fund 2, LLC, Retirement Evolution Group, LLC. (Kernisky, Allison)
August 4, 2020 Opinion or Order Filing 78 WAIVER OF SERVICE Returned Executed by Securities & Exchange Commission. Retirement Evolution Income Fund LLC waiver sent on 8/3/2020, answer due 10/2/2020; John Gissas waiver sent on 8/3/2020, answer due 10/2/2020; RE Income Fund 2, LLC waiver sent on 8/3/2020, answer due 10/2/2020; Retirement Evolution Group, LLC waiver sent on 8/3/2020, answer due 10/2/2020. (Berlin, Amie)
August 4, 2020 Opinion or Order Filing 77 WAIVER OF SERVICE Returned Executed by Securities & Exchange Commission. Lisa Mcelhone waiver sent on 8/3/2020, answer due 10/2/2020. (Berlin, Amie)
August 4, 2020 Opinion or Order Filing 76 WAIVER OF SERVICE Returned Executed by Securities & Exchange Commission. Joseph W. LaForte waiver sent on 8/3/2020, answer due 10/2/2020. (Berlin, Amie)
August 4, 2020 Opinion or Order Filing 75 WAIVER OF SERVICE Returned Executed by Securities & Exchange Commission. Perry S Abbonizio waiver sent on 8/3/2020, answer due 10/2/2020. (Berlin, Amie)
August 3, 2020 Opinion or Order Filing 74 PAPERLESS ORDER regarding Zoom hearing set for Tuesday, August 4, 2020 at 3:30 P.M. ("Hearing"). As discussed during the August 3, 2020 status conference, the Hearing will cover the current scope of the receivership and asset freeze ordered by the Court. See ECF Nos. #42 and #56 . Each defendant is granted leave to file a memorandum of no more than ten (10) pages regarding the current scope of the receivership and asset freeze by 12:00 P.M. on Tuesday, August 4, 2020. The receiver shall file an accounting of the assets that have been seized to date by 12:00 P.M. on Tuesday, August 4, 2020. Plaintiff shall file a list of the financial institutions to which Plaintiff sent the Court's Order directing an asset freeze, ECF No. #42 , as well as any responses Plaintiff has received from those institutions by 12:00 P.M. on Tuesday, August 4, 2020. Signed by Judge Rodolfo A. Ruiz, II on 8/3/2020. (as03)
August 3, 2020 Opinion or Order Filing 73 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Telephonic Status Conference held on 8/3/2020. Attorney Appearance(s): All Counsel of Record, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov. (gp)
August 3, 2020 Opinion or Order Filing 72 PAPERLESS ORDER granting in part #63 Specially Appearing Defendant Dean Vaganozzi's Expedited Motion for Protective Order as to Deposition. As discussed at the August 3, 2020 telephonic hearing, Plaintiff's deposition of Dean Vaganozzi will take place on Wednesday, August 5, 2020 at 2 P.M. Signed by Judge Rodolfo A. Ruiz, II on 8/3/2020. (as03)
August 3, 2020 Opinion or Order Filing 71 Agreed MOTION to Continue Hearing on Emergency Ex Parte Motion for Temporary Restraining Order and Other Relief re #42 Order on Motion for Temporary Restraining Order by Retirement Evolution Income Fund LLC, John Gissas, RE Income Fund 2, LLC, Retirement Evolution Group, LLC. Responses due by 8/17/2020 (Attachments: #1 Text of Proposed Order)(Kernisky, Allison)
August 3, 2020 Opinion or Order Filing 70 NOTICE of Attorney Appearance by Adam Michael Foslid on behalf of Ryan K Stumphauzer. Attorney Adam Michael Foslid added to party Ryan K Stumphauzer(pty:rc). (Foslid, Adam)
August 3, 2020 Opinion or Order Filing 69 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Telephonic Motion Hearing held on 8/3/2020 re #63 Specially Appearing Defendant Dean Vagnozzi's Expedited Motion for Protective Order as to Deposition. Attorney Appearance(s): Amie Riggle Berlin, Brett A. Berman, Joseph A. DeMaria, Chris Iaquinto, Alejandro Paz, Brian Paul Miller, Jeffrey L. Cox, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov. (gp)
August 3, 2020 Opinion or Order Filing 68 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for James R. Froccaro Jr., Esquire. Filing Fee $ 200.00 Receipt # AFLSDC-13284646 by Joseph W. LaForte. Attorney Daniel Scott Fridman added to party Joseph W. LaForte(pty:dft). Responses due by 8/17/2020 (Attachments: #1 Text of Proposed Order proposed order)(Fridman, Daniel)
August 3, 2020 Opinion or Order Filing 67 NOTICE by Securities & Exchange Commission re #63 EXPEDITED MOTION Protective Order Specially Appearing Defendant Dean Vagnozzi's Expedited Motion for Protective Order as to Deposition reflecting conferral offering to take the Deposition Tuesday or Wednesday, August 4 or 5, 2020 (Attachments: #1 Exhibit A - Correspondence) (Berlin, Amie)
August 3, 2020 Opinion or Order Filing 66 NOTICE of Attorney Appearance by Jason Mays on behalf of Perry S Abbonizio. Attorney Jason Mays added to party Perry S Abbonizio(pty:dft). (Mays, Jason)
August 3, 2020 Opinion or Order Filing 65 NOTICE of Attorney Appearance by Daniel Lawrence Rashbaum on behalf of Perry S Abbonizio. Attorney Daniel Lawrence Rashbaum added to party Perry S Abbonizio(pty:dft). (Rashbaum, Daniel)
August 2, 2020 Opinion or Order Filing 64 PAPERLESS ORDER setting telephonic hearing on Monday, August 3, 2020 at 9:30 A.M. regarding #63 Defendant Dean Vagnozzi's Expedited Motion for Protective Order as to Deposition. The parties are instructed to call 1-877-402-9753 by no later than 9:25 A.M. The access code is 9372453 and the password is 0918. The Court requires that the parties appear via a landline (i.e., not a cellular phone or a speaker phone) for clarity. Signed by Judge Rodolfo A. Ruiz, II on 8/2/2020. (as03)
August 2, 2020 Opinion or Order Filing 63 EXPEDITED MOTION Protective Order Specially Appearing Defendant Dean Vagnozzi's Expedited Motion for Protective Order as to Deposition by Dean J Vagnozzi. (Paz, Alejandro)
August 2, 2020 Opinion or Order Filing 62 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Alan S. Futerfas, Esq.. Filing Fee $ 200.00 Receipt # AFLSDC-13282174 by Lisa Mcelhone. Attorney Joel Hirschhorn added to party Lisa Mcelhone(pty:dft). Responses due by 8/17/2020 (Attachments: #1 Text of Proposed Order)(Hirschhorn, Joel)
August 2, 2020 Opinion or Order Filing 61 NOTICE of Attorney Appearance by Joel Hirschhorn on behalf of L.M.E. 2017 Family Trust. Attorney Joel Hirschhorn added to party L.M.E. 2017 Family Trust(pty:dft). (Hirschhorn, Joel)
August 2, 2020 Opinion or Order Filing 60 NOTICE of Attorney Appearance by Jeffrey L. Cox on behalf of Michael C Furman. Attorney Jeffrey L. Cox added to party Michael C Furman(pty:dft). (Cox, Jeffrey)
July 31, 2020 Opinion or Order Filing 59 NOTICE of Attorney Appearance by Jeffrey David Marcus on behalf of Perry S Abbonizio. Attorney Jeffrey David Marcus added to party Perry S Abbonizio(pty:dft). (Marcus, Jeffrey)
July 31, 2020 Opinion or Order Filing 58 PAPERLESS ORDER granting #51 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for attorney Gaetan J. Alfano. Signed by Judge Rodolfo A. Ruiz, II on 7/31/2020. (as03)
July 31, 2020 Opinion or Order Filing 57 PAPERLESS ORDER granting #52 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for attorney Douglas K. Rosenblum. Signed by Judge Rodolfo A. Ruiz, II on 7/31/2020. (as03)
July 31, 2020 Opinion or Order Filing 56 ORDER GRANTING #48 PLAINTIFF'S URGENT MOTION TO AMEND ORDER APPOINTING RECEIVER TO INCLUDE LITIGATION INJUNCTION. Signed by Judge Rodolfo A. Ruiz, II on 7/31/2020. See attached document for full details. (as03)
July 31, 2020 Opinion or Order Filing 55 Clerk's Notice of Compliance re #54 Order on Motion to Unseal Case (cbr)
July 31, 2020 Opinion or Order Filing 54 ORDER granting #47 Motion to Unseal Case. Signed by Judge Rodolfo A. Ruiz, II on 7/30/2020. See attached document for full details. (cbr)
July 31, 2020 Opinion or Order Filing 53 NOTICE of Attorney Appearance by Allison Beth Kernisky, Daniel I. Small on behalf of Retirement Evolution Income Fund LLC, John Gissas, RE Income Fund 2, LLC, Retirement Evolution Group, LLC. Attorney Allison Beth Kernisky added to party Retirement Evolution Income Fund LLC(pty:dft), Attorney Daniel I. Small added to party Retirement Evolution Income Fund LLC(pty:dft), Attorney Allison Beth Kernisky added to party John Gissas(pty:dft), Attorney Daniel I. Small added to party John Gissas(pty:dft), Attorney Allison Beth Kernisky added to party RE Income Fund 2, LLC(pty:dft), Attorney Daniel I. Small added to party RE Income Fund 2, LLC(pty:dft), Attorney Allison Beth Kernisky added to party Retirement Evolution Group, LLC(pty:dft), Attorney Daniel I. Small added to party Retirement Evolution Group, LLC(pty:dft). (cbr)
July 31, 2020 Opinion or Order Filing 52 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Douglas K. Rosenblum. Filing Fee $ 200.00 Receipt # FLS100212780 by Ryan K Stumphauzer. Responses due by 8/14/2020 (Attachments: #1 Text of Proposed Order)(cbr)
July 31, 2020 Opinion or Order Filing 51 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Gaetan J. Alfano. Filing Fee $ 200.00 Receipt # FLS100212779 by Ryan K Stumphauzer. Responses due by 8/14/2020 (Attachments: #1 Text of Proposed Order)(cbr)
July 31, 2020 Opinion or Order Filing 50 Notice of Appearance and Request for Service by Timothy A. Kolaya (cbr)
July 31, 2020 Opinion or Order Filing 49 Notice of Appearance and Request for Service by Ryan K. Stumphauzer (cbr)
July 31, 2020 Opinion or Order Filing 48 Plaintiff Securities and Exchange Commission's Urgent Motion to Amend Order Appointing Receiver to Include Litigation Injunction by Securities & Exchange Commission. Responses due by 8/14/2020 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(cbr)
July 30, 2020 Opinion or Order Filing 47 MOTION to Unseal by Securities & Exchange Commission. Responses due by 8/13/2020 (Attachments: #1 Text of Proposed Order)(nc)
July 30, 2020 Opinion or Order Filing 46 NOTICE of Attorney Appearance by Alejandro Paz on behalf of Dean J Vagnozzi. Attorney Alejandro Paz added to party Dean J Vagnozzi(pty:dft). (Attachments: #1 Notice of Conventional Filing) (cbr)
July 30, 2020 Opinion or Order Filing 45 NOTICE of Attorney Appearance by Brian Paul Miller on behalf of Dean J Vagnozzi. Attorney Brian Paul Miller added to party Dean J Vagnozzi(pty:dft). (Attachments: #1 Notice of Conventional Filing) (cbr)
July 29, 2020 Opinion or Order Filing 44 PAPERLESS ORDER granting #37 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for attorney Brett Berman. Signed by Judge Rodolfo A. Ruiz, II on 7/29/2020. (as03)
July 29, 2020 Opinion or Order Set Hearings: Show Cause Hearing set via Zoom for 8/4/2020 03:30 PM before Judge Rodolfo A. Ruiz II. Telephonic Status Conference set for 8/3/2020 04:15 PM before Judge Rodolfo A. Ruiz II. The parties are instructed to call 1-877-402-9753 by no later than 4:10 P.M. The access code is 9372453 and the password is 0918. The Court requires that the parties appear via a landline (i.e., not a cellular phone or a speaker phone) for clarity. Per ECF No. #42 Order. (gp)
July 28, 2020 Opinion or Order Filing 43 Defendant's Response to Plaintiff's ExParte Motions for Appointment of A Receiver and for an Asset Freeze by Joseph Cole Barleta, Complete Business Solutions Group, Inc., Full Spectrum Processing, Inc., L.M.E. 2017 Family Trust, Joseph W. LaForte, Lisa Mcelhone. (cbr)
July 28, 2020 Opinion or Order Filing 42 ORDER granting #14 Motion for Temporary Restraining Order. Signed by Judge Rodolfo A. Ruiz, II on 7/28/2020. See attached document for full details. (as03)
July 28, 2020 Opinion or Order Filing 41 Plaintiff's Missing Exhibits in Support of its Emergency Ex Parte by Securities & Exchange Commission (Attachments: #1 Ex.5 , #2 Ex. 10, #3 Ex.11, #4 Ex.15, #5 Ex. 16 (dj) (Additional attachment(s) added on 7/28/2020: #6 Ex. 21 (cbr). (Additional attachment(s) added on 7/30/2020: #7 Ex 20, #8 Ex. 23, #9 Ex.24, #10 Ex.25, #11 Ex.26, #12 Ex.40, #13 Ex.47, #14 Ex.48, #15 Ex.49, #16 Ex.50, #17 Ex.51, #18 Ex.52, #19 Ex.54, #20 Ex.56, #21 Ex.58, #22 Ex.62, #23 Ex.64, #24 Ex.75, #25 Ex.109, #26 Ex.127, #27 Ex.128-1118_2019-12-20- Video, #28 Ex.131, #29 Ex.132, #30 Ex.133-Furman_Call, #31 Ex.134, #32 Ex.135, #33 Ex.143, #34 ex.145, #35 Ex.149, #36 Ex.151, #37 Ex.159-1, #38 Ex.159-2, #39 Ex.166) (cbr). (Additional attachment(s) added on 7/30/2020: #40 Ex-157) (cbr). Text Modified on 7/31/2020 (cbr).
July 28, 2020 Opinion or Order Filing 40 NOTICE of Filing Missing Exhibits to Emergency Ex Parte Motion for Temporary Restraining Order, Asset Freeze and Other Relief by Securities & Exchange Commission (dj)
July 28, 2020 Opinion or Order Filing 39 PAPERLESS ORDER granting #38 PLAINTIFF SECURITIES AND EXCHANGE COMMISSION'S UNOPPOSED MOTION FOR 90-MINUTE ENLARGEMENT OF TIME FOR ALL PARTIES. Plaintiffs deadline to provide a redacted version of its Motion for a Temporary Restraining Order #14 to Defendants is extended to Tuesday, July 28, at 10:30 A.M. Defendants shall file their responses to the redacted Motion by Tuesday, July 28, 2020 at 4:30 P.M. No reply will be permitted. Signed by Judge Rodolfo A. Ruiz, II on 7/28/2020. (as03)
July 28, 2020 Opinion or Order Filing 38 MOTION for Extension of Time Plaintiff Securities and Exchange Commission's Unopposed Motion for 90 Minute Enlargement of Time for All Parties by Securities & Exchange Commission. Responses due by 8/11/2020 (Attachments: #1 Text of Proposed Order)(cbr)
July 28, 2020 Opinion or Order Filing 37 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Brett Berman. Filing Fee $ 200.00 Receipt # FLS100212421 by Complete Business Solutions Group, Inc., Full Spectrum Processing, Inc., L.M.E. 2017 Family Trust, Joseph W. LaForte, Lisa Mcelhone. Responses due by 8/11/2020 (Attachments: #1 Text of Proposed Order)(cbr)
July 27, 2020 Opinion or Order SYSTEM ENTRY - Docket Entry 32 [notice] restricted/sealed until further notice. (cbr)
July 27, 2020 Opinion or Order Filing 36 ORDER GRANTING #4 PLAINTIFF SECURITIES AND EXCHANGE COMMISSION'S MOTION FOR APPOINTMENT OF RECEIVER. Signed by Judge Rodolfo A. Ruiz, II on 7/27/2020. See attached document for full details. (as03)
July 27, 2020 Opinion or Order Filing 35 NOTICE of Filing Exhibits (Exhibit 158-ABPF April 6 2020 Zoom Call) by Securities & Exchange Commission re #14 MOTION for Temporary Restraining Order (Attachments: #1 Exhibit 160-Sec Order ABFP Vagnozzi, #2 Exhibit 161-Gissas-SFL Investors Declaration V Jacqmein, #3 Exhibit 162-Re Income Fund2 PPM, #4 Exhibit 163-PADOBSBbel Rutledge 2-15-18, #5 Exhibit 164-DV email to agents, #6 Exhibit 165-ABPF Income Fund LLP PPM, #7 Exhibit 167-UCC Lien Filings) (mc)
July 27, 2020 Opinion or Order Filing 34 NOTICE of Filing (Exhibit 150) by Securities & Exchange Commission re #14 MOTION for Temporary Restraining Order (Attachments: #1 Exhibit 152, #2 Exhibit 153, #3 Exhibit 154, #4 Exhibit 155, #5 Exhibit 156) (mc) Text Modified on 7/31/2020 (cbr).
July 27, 2020 Opinion or Order Filing 33 NOTICE of Filing Exhibits (Exhibit 136) by Securities & Exchange Commission re #14 MOTION for Temporary Restraining Order (Attachments: #1 Exhibit 137, #2 Exhibit 138, #3 Exhibit 139, #4 Exhibit 140, #5 Exhibit 141, #6 Exhibit 142, #7 Exhibit 144, #8 Exhibit 145, #9 Exhibit 146, #10 Exhibit 147, #11 Exhibit 148) (mc)Text Modified on 7/31/2020 (cbr).
July 27, 2020 Opinion or Order Filing 31 NOTICE of Filing Exhibits (Exhibit 110) by Securities & Exchange Commission re #14 MOTION for Temporary Restraining Order (Attachments: #1 Exhibit 111, #2 Exhibit 112, #3 Exhibit 113, #4 Exhibit 114, #5 Exhibit 115, #6 Exhibit 116 #7 Exhibit 117, #8 Exhibit 118, #9 Exhibit 119, #10 Exhibit 120, #11 Exhibit 121, #12 Exhibit 122, #13 Exhibit 123, #14 Exhibit 124, #15 Exhibit 125) (mc) Modified text on 7/31/2020 (mc).
July 27, 2020 Opinion or Order Filing 30 NOTICE of Filing Exhibits (Exhibit 101-Declaration of Ronald Lipowski) by Securities & Exchange Commission re #14 MOTION for Temporary Restraining Order (Attachments: #1 Exhibit 102-Declaration of Joe Pucci, #2 Exhibit 103-Declaration of Marc Reikes, #3 Exhibit 104-Declaration of Steven Weinkranz, #4 Exhibit 105-Declaration of Sean Whalen, #5 Exhibit 106-Declaration of Gianna Wolfe, #6 Exhibit 107-Par Funding Corp Records, #7 Exhibit 108-12-31-2018 email cole actum re nj pa) (mc)
July 27, 2020 Opinion or Order Filing 29 NOTICE of Filing Exhibits (Exhibit 91-Declaration of July Caricato) by Securities & Exchange Commission re #14 MOTION for Temporary Restraining Order (Attachments: #1 Exhibit 92-Declaration of Mary Carleton, #2 Exhibit 93-Declaration of Pamela Fleetwood, #3 Exhibit 94-Declaration of Robert Fleetwood, #4 Exhibit 95-Declaraton of J.R. Harrison, #5 Exhibit 96-Declaration of Eric Husebo, #6 Exhibit 97-Declaration of Amos Jones, #7 Exhibit 98-Declaration of Looniese Jones, #8 Exhibit 99-Declaration of Julie Katz, #9 Exhibit 100-Declaration of Bruce McNider) (mc)
July 27, 2020 Opinion or Order Filing 28 NOTICE of Filing Exhibits (Exhibit 75-Form D 2019 Complete Business) by Securities & Exchange Commission re #14 MOTION for Temporary Restraining Order (Attachments: #1 Exhibit 76-Declartion of Charles S. Lunden, #2 Exhibit 77-PADOBS Dec-CBSG Subpoena, #3 Exhibit 78-PADOBS Dec-CBSG Finders Fee Agreement, #4 Exhibit 79-PADOBS Dec-CBSG Investors Finder Chart, #5 Exhibit 80-abfp starts otherfunds, #6 Exhibit 81-Joseph Laforte Linkedin Page, #7 Exhibit 82-LaForte Twitter Page, #8 Exhibit 83-LaForte Forbes Profile, #9 Exhibit 84-LaForte Articles Posted, #10 Exhibit 85-Declaratin of Chad Frost, #11 Exhibit 86-Declaration of Jim Frost, #12 Exhibit 87-Fidelis and United Fidelis Corporation, #13 Exhibit 88-PADOBSBbel Rutledge 2-15-18, #14 Exhibit 89-PADOBS Dec CBSG Security Agreement Part 1, #15 Exhibit 89-PADOBS Dec CBSG Security Agreement Part 2, #16 Exhibit 90-Declaration of Jeramy Heitz) (mc)
July 27, 2020 Opinion or Order Filing 27 NOTICE of Filing Exhibits (Exhibit 58-Retirement Evolution Income Fund KKC) by Securities & Exchange Commission re #14 MOTION for Temporary Restraining Order (Attachments: #1 Exhibit 59-Re Income Fund PPM, #2 Exhibit 60-Feb 2018 Vag email with Abbs Declartion Victoria Jacqmein, #3 Exhibit 61-FFP MCA Fidelis Fund Client PPM, #4 Exhibit 63-Intentionally Omitted, #5 Exhibit 64-Form D Fidelis Financial Planning, #6 Exhibit 65-Declaration of Ray Andjich-Michael Furman CPA Verify, #7 Exhibit 66-Je Foret Declaration of Michael Furman, #8 Exhibit 70-Declaration of Ray Andjich-Par Funding, #9 Exhibit 71-Par Funding Note-Jack Terzi, #10 Exhibit 72-Intentionally Omitted, #11 Exhibit 73-Declaration of Ray Andjich, #12 Exhibit 74-Dclaration of Crystal Ivory) (mc)
July 27, 2020 Opinion or Order Filing 26 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Telephonic Status Conference held on 7/27/2020. Attorney Appearance(s): Joseph A. DeMaria, Robert F. Elgidely, Brett Berman, Amie Riggle Berlin, Court Reporter: Dawn Savino, 305-523-5598 / Dawn_Savino@flsd.uscourts.gov. (gp)
July 27, 2020 Opinion or Order Filing 25 PAPERLESS ORDER regarding #14 Securities and Exchange Commission's Emergency Ex Parte Motion for Temporary Restraining Order and Other Relief ("Motion"). By Tuesday, July 28, 2020 at 9:00 A.M., Plaintiff shall provide a redacted version of the Motion via email to the attorneys who have appeared on behalf of Defendants. Defendants shall file their responses to the redacted Motion by Tuesday, July 28, 2020 at 3:00 P.M.. No reply will be permitted. Signed by Judge Rodolfo A. Ruiz, II on 7/27/2020. (as03)
July 27, 2020 Opinion or Order Filing 24 NOTICE of Filing Exhibits (Exhibit 50-ABFP Income Fund2LP Form D) by Securities & Exchange Commission re #14 MOTION for Temporary Restraining Order (Attachments: #1 Exhibit 51-Form D Re Income Fund2, #2 Exhibit 52-ABPF Income Fund LLC Form D, #3 Exhibit 53-PADOBS Dec-Finder Agreement Part-1, #4 Exhibit 53-PADOBS Dec-Finder Agreement Part-2, #5 Exhibit 54-Retirement Evolution LLC Form D, #6 Exhibit 55-ABFP Income Fund2 PPM-V. Jacqmein Declaration, #7 Exhibit 56-Form D ABFP Income Fund2 LLC, #8 Exhibit 57-Pa Banking Dept Cert. Order re Dean J. Vagnozzi) (mc) Modified text on 7/27/2020 (mc).
July 27, 2020 Opinion or Order Filing 23 NOTICE of Filing Exhibits (Exhibit 37-Texas State Board Secs-CD Order) by Securities & Exchange Commission re #14 MOTION for Temporary Restraining Order (Attachments: #1 Exhibit 38-Updated ABFP Income Fund Investors-Declaration V. Jacqmein, #2 Exhibit 39-DE Certified Records for ABFP Investment Fund, #3 Exhibit 41-2018-04-24 ABFP Fidelis Planning Declartion V. Jacqmein, #4 Exhibit 42-Declaration of Jeramy Heintz, #5 Exhibit 43-Declaration of V Jacqmein Parfunding website, #6 Exhibit 44-Declaration of Michael Foti, #7 Exhibit 45-Pa Cert. State abetterfinancialplan.com LLC, #8 Exhibit 46-Declaration of V Jacqumein-abetterfinancialplanning.com website) (mc) Modified text on 7/27/2020 (mc).
July 27, 2020 Opinion or Order Filing 22 NOTICE of Filing Exhibits (Exhibit 22-Jed Foret Declaration of Perry Abbonizio) by Securities & Exchange Commission re #14 MOTION for Temporary Restraining Order (Attachments: #1 Exhibit 27-Declaration of Christine Rainwater, #2 Exhibit 28-Declaration of Michael Rago, #3 Exhibit 29-Pa-Cert. State ABetter Financial Plan Capital Management LLC, #4 Exhibit 30-Pa-Cert. State abetterfinancialplan.com LLC, #5 Exhibit 31-NY v. Joseph W. Laforte (Nassau County Crim Crt-928BN06, #6 Exhibit 32-Laforte FINRA Certified CRD, #7 Exhibit 33-US v. Joseph LaForte Certified Criminal Plea, #8 Exhibit 34-US v. Joseph LaForte Certified Copy of Judgment-JND Criminal, #9 Exhibit 35-Declaration of Ray Andjich-BOP Inmate locator, #10 Exhibit 36-Abbonizio FINRA Certified CRD) (mc) Modified text on 7/27/2020 (mc).
July 27, 2020 Opinion or Order Filing 21 NOTICE of Filing Exhibits (Exhibit 12-Lisa McElhone-CEO and President Parfunding) by Securities & Exchange Commission re #14 MOTION for Temporary Restraining Order (Attachments: #1 Exhibit 13-Declaration of Melisa Davis, #2 Exhibit 14-Oregon Secs Certified Final Order re Lisa McEhone, #3 Exhibit 17-Josphe LaFonte, #4 Exhibit 18-Declaration of Kara DiPietro, #5 Exhibit 19-Declaration of Michael Foti) (mc) Modified text on 7/27/2020 (mc).
July 27, 2020 Opinion or Order Filing 20 NOTICE of Filing Exhibits (Exhibit 1-Pa-Cert.State-Full Spectrum Processing 7-7-20) by Securities & Exchange Commission re #14 MOTION for Temporary Restraining Order (Attachments: #1 Exhibit 2-Joseph LaForte 3-5-20 Transcript, #2 Exhibit 3-Joseph Lewis Cole Barlet 6-30-20 Transcript, #3 Exhibit 4-Joseph Lewis Cole Barleta 2-11-20, #4 Exhibit 6-State Complete Business Solutions Group Inc., #5 Exhibit 7-PA Par Funding Fictitious Name Filing, #6 Exhibit 8-Nov 28-2018 PA Consent CBSG, #7 Exhibit 9-December 2018 NJ Order Against CBSG) (mc) Modified text on 7/27/2020 (mc).
July 27, 2020 Opinion or Order Filing 19 Defendants' Emergency /Expedited Preliminary Response to Motion re #14 MOTION for Temporary Restraining Order filed by Joseph Cole Barleta, Complete Business Solutions Group, Inc., Full Spectrum Processing, Inc., L.M.E. 2017 Family Trust, Joseph W. LaForte, Lisa Mcelhone. Replies due by 8/3/2020. (cbr)
July 27, 2020 Opinion or Order Filing 18 NOTICE of Attorney Appearance by Alex Louis Braunstein on behalf of Joseph Cole Barleta, Complete Business Solutions Group, Inc., Full Spectrum Processing, Inc., L.M.E. 2017 Family Trust, Joseph W. LaForte, Lisa Mcelhone. Attorney Alex Louis Braunstein added to party Joseph Cole Barleta(pty:dft), Attorney Alex Louis Braunstein added to party Complete Business Solutions Group, Inc.(pty:dft), Attorney Alex Louis Braunstein added to party Full Spectrum Processing, Inc.(pty:dft), Attorney Alex Louis Braunstein added to party L.M.E. 2017 Family Trust(pty:dft), Attorney Alex Louis Braunstein added to party Joseph W. LaForte(pty:dft), Attorney Alex Louis Braunstein added to party Lisa Mcelhone(pty:dft). (cbr)
July 27, 2020 Opinion or Order Filing 17 NOTICE of Attorney Appearance by Robert F. Elgidely on behalf of Joseph Cole Barleta, Complete Business Solutions Group, Inc., Full Spectrum Processing, Inc., L.M.E. 2017 Family Trust, Joseph W. LaForte, Lisa Mcelhone. Attorney Robert F. Elgidely added to party Joseph Cole Barleta(pty:dft), Attorney Robert F. Elgidely added to party Complete Business Solutions Group, Inc.(pty:dft), Attorney Robert F. Elgidely added to party Full Spectrum Processing, Inc.(pty:dft), Attorney Robert F. Elgidely added to party L.M.E. 2017 Family Trust(pty:dft), Attorney Robert F. Elgidely added to party Joseph W. LaForte(pty:dft), Attorney Robert F. Elgidely added to party Lisa Mcelhone(pty:dft). (cbr)
July 27, 2020 Opinion or Order Filing 16 NOTICE of Attorney Appearance by Joseph A. DeMaria on behalf of Joseph Cole Barleta, Complete Business Solutions Group, Inc., Full Spectrum Processing, Inc., L.M.E. 2017 Family Trust, Joseph W. LaForte, Lisa Mcelhone. Attorney Joseph A. DeMaria added to party Joseph Cole Barleta(pty:dft), Attorney Joseph A. DeMaria added to party Complete Business Solutions Group, Inc.(pty:dft), Attorney Joseph A. DeMaria added to party Full Spectrum Processing, Inc.(pty:dft), Attorney Joseph A. DeMaria added to party L.M.E. 2017 Family Trust(pty:dft), Attorney Joseph A. DeMaria added to party Joseph W. LaForte(pty:dft), Attorney Joseph A. DeMaria added to party Lisa Mcelhone(pty:dft). (cbr)
July 27, 2020 Opinion or Order Filing 15 PAPERLESS ORDER SETTING TELEPHONIC STATUS CONFERENCE for Monday, July 27, 2020 at 3:00 P.M.. The parties are instructed to call 1-877-402-9753 by no later than 2:55 P.M. The access code is 9372453 and the password is 0918. The Court requires that the parties appear via a landline (i.e., not a cellular phone or a speaker phone) for clarity. Signed by Judge Rodolfo A. Ruiz, II on 7/27/2020. (as03)
July 27, 2020 Opinion or Order Filing 14 EMERGENCY EX PARTE MOTION for Temporary Restraining Order and Other Relief by Securities & Exchange Commission. Responses due by 8/10/2020 (Attachments: #1 Text of Proposed Order)(mc)
July 27, 2020 Opinion or Order Filing 12 Summons Issued as to Retirement Evolution Income Fund LLC. (mc)
July 25, 2020 Opinion or Order Filing 11 ORDER GRANTING #6 MOTION TO FILE IN EXCESS OF PAGE LIMITS. Signed by Judge Rodolfo A. Ruiz, II on 7/24/2020. See attached document for full details. (as03)
July 25, 2020 Opinion or Order Filing 10 ORDER GRANTING #3 MOTION TO FILE UNDER SEAL. Signed by Judge Rodolfo A. Ruiz, II on 7/24/2020. See attached document for full details. (as03)
July 24, 2020 Opinion or Order Filing 13 Plaintiff Securities and Exchange Commission Notice of Filing Exhibits to Emergency ExParte Motion for Temporary Restraining Order and Other Relief by Securities & Exchange Commission (cbr)
July 24, 2020 Opinion or Order Filing 9 Clerks Notice to Filer re: Summons(es) cannot be issued for Re Income Fund, LLC. The party on the summons does not match the initiating documents (mc)
July 24, 2020 Opinion or Order Filing 8 Summons Issued as to ABPF Income Fund 2, L.P., ABPF Income Fund, LLC, ABPF Management Company, LLC, ABetterFinancialPlan.com LLC, Perry S Abbonizio, Joseph Cole Barleta, Complete Business Solutions Group, Inc., Fidelis Financial Planning LLC, Full Spectrum Processing, Inc., Michael C Furman, John Gissas, L.M.E. 2017 Family Trust, Joseph W. LaForte, Lisa Mcelhone, RE Income Fund 2, LLC, Retirement Evolution Group, LLC, United Fidelis Group Corp., Dean J Vagnozzi. (mc)
July 24, 2020 Opinion or Order Filing 7 Clerks Notice of Docket Correction. Incorrect District Judge Selected; Corrected by the Clerk. (mc)
July 24, 2020 Opinion or Order Filing 6 MOTION to File Motion for Emergency Relief in Excess of Page Limits by Securities & Exchange Commission. (Attachments: #1 Text of Proposed Order)(mc)
July 24, 2020 Opinion or Order Filing 5 CERTIFICATE pursuant to Rule 65(b) by Securities & Exchange Commission (mc)
July 24, 2020 Opinion or Order Filing 4 MOTION for Appointment of Receiver and Memorandum of Law by Securities & Exchange Commission. Responses due by 8/7/2020 (Attachments: #1 Exhibit, #2 Text of Proposed Order)(mc)
July 24, 2020 Opinion or Order Filing 3 MOTION to File Under Seal by Securities & Exchange Commission. (Attachments: #1 Text of Proposed Order)(mc)
July 24, 2020 Opinion or Order Filing 2 Clerks Notice of Judge Assignment to Judge Rodolfo A. Ruiz. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Bruce E. Reinhart is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (mc)
July 24, 2020 Opinion or Order Filing 1 COMPLAINT For Injuncttive and Other Relief against All Defendants. Filing fees $ 400.00. USA Filer - No Filing Fee Required, filed by Securities & Exchange Commission. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Berlin, Amie)

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Search for this case: Securities & Exchange Commission v. Complete Business Solutions Group, Inc. et al
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Defendant: Retirement Evolution Income Fund LLC
Represented By: Allison Beth Kernisky
Represented By: Daniel I. Small
Represented By: Chad M Vanderhoef
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Defendant: Joseph W. LaForte
Represented By: Brett A. Berman
Represented By: Joseph A. DeMaria
Represented By: Alex Louis Braunstein
Represented By: Robert F. Elgidely
Represented By: James R. Froccaro
Represented By: Daniel Scott Fridman
Represented By: Joel Hirschhorn
Represented By: David Lawrence Ferguson
Represented By: Seth David Haimovitch
Represented By: Alejandro Oscar Soto
Represented By: Joshua Robert Levine
Represented By: Alexis Fields
Represented By: James Miller Kaplan
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Defendant: ABPF Management Company, LLC
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Defendant: Joseph Cole Barleta
Represented By: Brett A. Berman
Represented By: Joseph A. DeMaria
Represented By: Alex Louis Braunstein
Represented By: Robert F. Elgidely
Represented By: Bettina Schein
Represented By: Andre G. Raikhelson
Represented By: Joel Hirschhorn
Represented By: Daniel Scott Fridman
Represented By: Alejandro Oscar Soto
Represented By: David Lawrence Ferguson
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Defendant: John Gissas
Represented By: Allison Beth Kernisky
Represented By: Daniel I. Small
Represented By: Chad M Vanderhoef
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Defendant: ABetterFinancialPlan.com LLC doing business as Better Financial Plan
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Defendant: RE Income Fund 2, LLC
Represented By: Allison Beth Kernisky
Represented By: Daniel I. Small
Represented By: Chad M Vanderhoef
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Defendant: Joe Macki
Represented By: Brett A. Berman
Represented By: Joseph A. DeMaria
Represented By: Alex Louis Braunstein
Represented By: Robert F. Elgidely
Represented By: James R. Froccaro
Represented By: Daniel Scott Fridman
Represented By: Joel Hirschhorn
Represented By: David Lawrence Ferguson
Represented By: Seth David Haimovitch
Represented By: Alejandro Oscar Soto
Represented By: Joshua Robert Levine
Represented By: Alexis Fields
Represented By: James Miller Kaplan
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Defendant: Retirement Evolution Group, LLC
Represented By: Allison Beth Kernisky
Represented By: Daniel I. Small
Represented By: Chad M Vanderhoef
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Defendant: L.M.E. 2017 Family Trust
Represented By: Brett A. Berman
Represented By: Joseph A. DeMaria
Represented By: Alex Louis Braunstein
Represented By: Robert F. Elgidely
Represented By: Daniel Scott Fridman
Represented By: Joel Hirschhorn
Represented By: Alejandro Oscar Soto
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Defendant: Lisa Mcelhone
Represented By: Brett A. Berman
Represented By: Joseph A. DeMaria
Represented By: Alex Louis Braunstein
Represented By: Robert F. Elgidely
Represented By: Alan S. Futerfas
Represented By: Joel Hirschhorn
Represented By: Daniel Scott Fridman
Represented By: Alejandro Oscar Soto
Represented By: Michael F. Bachner
Represented By: David Lawrence Ferguson
Represented By: James Miller Kaplan
Represented By: Noah Elliot Snyder
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Defendant: ABPF Income Fund 2, L.P.
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Defendant: Full Spectrum Processing, Inc.
Represented By: Brett A. Berman
Represented By: Joseph A. DeMaria
Represented By: Alex Louis Braunstein
Represented By: Robert F. Elgidely
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Defendant: Fidelis Financial Planning LLC
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Defendant: Michael C Furman
Represented By: Jeffrey L. Cox
Represented By: Joshua Arnold Katz
Represented By: James D. Sallah
Represented By: Elroy M John, Jr.
Represented By: Zachary Paul Hyman
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Defendant: Joe Mack
Represented By: Brett A. Berman
Represented By: Joseph A. DeMaria
Represented By: Alex Louis Braunstein
Represented By: Robert F. Elgidely
Represented By: James R. Froccaro
Represented By: Daniel Scott Fridman
Represented By: Joel Hirschhorn
Represented By: David Lawrence Ferguson
Represented By: Seth David Haimovitch
Represented By: Alejandro Oscar Soto
Represented By: Joshua Robert Levine
Represented By: Alexis Fields
Represented By: James Miller Kaplan
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Defendant: Re Income Fund, LLC
Represented By: Allison Beth Kernisky
Represented By: Daniel I. Small
Represented By: Chad M Vanderhoef
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Defendant: Joe McElhone
Represented By: Brett A. Berman
Represented By: Joseph A. DeMaria
Represented By: Alex Louis Braunstein
Represented By: Robert F. Elgidely
Represented By: James R. Froccaro
Represented By: Daniel Scott Fridman
Represented By: Joel Hirschhorn
Represented By: David Lawrence Ferguson
Represented By: Seth David Haimovitch
Represented By: Alejandro Oscar Soto
Represented By: Joshua Robert Levine
Represented By: Alexis Fields
Represented By: James Miller Kaplan
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Defendant: Dean J Vagnozzi
Represented By: Alejandro Paz
Represented By: Brian Paul Miller
Represented By: George Bochetto
Represented By: William Gregg Wolk
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Defendant: United Fidelis Group Corp.
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Defendant: Complete Business Solutions Group, Inc. doing business as Par Funding
Represented By: Brett A. Berman
Represented By: Joseph A. DeMaria
Represented By: Alex Louis Braunstein
Represented By: Robert F. Elgidely
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Defendant: Pillar Life Settlement Management Company, LLC
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Defendant: Perry S Abbonizio
Represented By: Jeffrey David Marcus
Represented By: Jason Mays
Represented By: Daniel Lawrence Rashbaum
Represented By: Alejandro Oscar Soto
Represented By: Brandon Scott Floch
Represented By: Jeffrey Eldridge Marcus
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Defendant: Joe Cole
Represented By: Brett A. Berman
Represented By: Joseph A. DeMaria
Represented By: Alex Louis Braunstein
Represented By: Robert F. Elgidely
Represented By: Bettina Schein
Represented By: Andre G. Raikhelson
Represented By: Joel Hirschhorn
Represented By: Daniel Scott Fridman
Represented By: Alejandro Oscar Soto
Represented By: David Lawrence Ferguson
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Defendant: ABPF Income Fund, LLC
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Defendant: The LME 2017 Family Trust
Represented By: Daniel Scott Fridman
Represented By: Joel Hirschhorn
Represented By: Alejandro Oscar Soto
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Defendant: Wilmington Savings Fund Society, FSB, not in its individual capacity but solely as Trustee for Invictus Residential Pooler Trust 3A
Represented By: Damian George Waldman
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Defendant: Mark Nardelli
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Defendant: Katie Brinson Hinton
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Plaintiff: Securities & Exchange Commission
Represented By: Amie Riggle Berlin
Represented By: Alise Meredith Johnson
Represented By: Linda Salup-Schmidt
Represented By: Martin F. Healey
Represented By: Robert Kent Levenson
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Intervenor plaintiff: Alan J. Candell
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Intervenor plaintiff: Joseph Caputo
Represented By: Chris A. Barker
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Consolidated defendant: Fred A. Schwartz
Represented By: Fred Arthur Schwartz
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Intervenor: Lead Funding II, LLC
Represented By: Ronald Matthew Gache
Represented By: Scott Adam Simon
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Intervenor: River Bend Corporation
Represented By: Ronald Matthew Gache
Represented By: Scott Adam Simon
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Intervenor: Pinetree Financial Corporation
Represented By: Ronald Matthew Gache
Represented By: Scott Adam Simon
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Intervenor: Pinetree Partners Lending LLC
Represented By: Ronald Matthew Gache
Represented By: Scott Adam Simon
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Intervenor: RH Indigo Trails LLP
Represented By: Mark Joseph Wolfson
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Intervenor: John J. Rybinski
Represented By: Douglas Keith Wickenden
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Intervenor: Paul T Kohler
Represented By: William Gregg Wolk
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Intervenor: Albert Vagnozzi
Represented By: William Gregg Wolk
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Intervenor: Capricorn Income Fund I, LLC
Represented By: William Gregg Wolk
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Intervenor: Capricorn Income Fund I Parallel, LLC
Represented By: William Gregg Wolk
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Intervenor: Toorak Capital Partners LLC
Represented By: Nardo Dorsin
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Respondent: 19 Country Drive, LLC
Represented By: James David Silver
Represented By: Katie Brinson Hinton
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Respondent: Michelle Scaramellino
Represented By: James David Silver
Represented By: Katie Brinson Hinton
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