Securities and Exchange Commission v. Preipo Corp. et al
| Securities and Exchange Commission |
| Preipo Corp., John A. Mattera, David P. Grzan and Boss Global Advisory Group, Inc. |
| 9:2023cv81141 |
| August 14, 2023 |
| US District Court for the Southern District of Florida |
| Donald M Middlebrooks |
| Securities/Commodities |
| 15 U.S.C. § 0077 Securities Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 12, 2023. A more recent docket listing may be available from PACER.
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| Filing 58 CLERK'S Notice Directing Counsel to Retrieve Exhibit(s) received from Plaintiff & Defendant Re D.E. #53 Certificate of Compliance Re Admitted Evidence,, #52 Certificate of Compliance Re Admitted Evidence, #57 Certificate of Compliance Re Admitted Evidence. Exhibit Numbers: Plaintiff 1-68, 70-87, Defendant 1-16. Attorney(s)/Party(s) Plaintiff & Defendant shall retrieve original exhibits within five days. For retrieval information, please contact the Clerks Office - Records Section of the Paul G. Rogers Federal Building and U.S. Courthouse, 701 Clematis Street, Room 202, West Palm Beach, FL 33401, (561) 803-3400. (nwn) |
| Filing 57 Defendant's CERTIFICATE of Compliance Re Admitted Evidence for exhibit(s): 1-16 by Fred Arthur Schwartz on behalf of Boss Global Advisory Group, Inc., David P. Grzan, John A. Mattera, Preipo Corp. (Schwartz, Fred) |
| Filing 56 Defendant's CERTIFICATE of Compliance Re Admitted Evidence for exhibit(s): 1-16 by Fred Arthur Schwartz on behalf of Boss Global Advisory Group, Inc., David P. Grzan, John A. Mattera, Preipo Corp. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11, #12 Exhibit Exhibit 12, #13 Exhibit Exhibit 13, #14 Exhibit Exhibit 14, #15 Exhibit Exhibit 15, #16 Exhibit Exhibit 16) (Schwartz, Fred) |
| Filing 55 CLERK'S Notice of Policy re Electronic Submission of Exhibit(s) received from Defendant Re D.E. #44 Notice (Other). 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 (nwn) |
| Filing 54 CLERK'S Notice of Receipt of Exhibit(s) received from Plaintiff/Defendant Re D.E. #44 Notice (Other), #43 Notice (Other). Exhibit Numbers: Plaintiff 1-68, 70-87, Defendant 1-16. For retrieval information, please contact the Clerks Office - Records Section of the Paul G. Rogers Federal Building and U.S. Courthouse, 701 Clematis Street, Room 202, West Palm Beach, FL 33401, (561) 803-3400. (nwn) |
| Filing 53 CERTIFICATE of Compliance Re Admitted Evidence for exhibit(s): 31-87 by Russell Koonin on behalf of Securities and Exchange Commission (Attachments: #1 Exhibit 31, #2 Exhibit 32, #3 Exhibit 33, #4 Exhibit 34, #5 Exhibit 35, #6 Exhibit 36, #7 Exhibit 37, #8 Exhibit 38, #9 Exhibit 39, #10 Exhibit 40, #11 Exhibit 41, #12 Exhibit 42, #13 Exhibit 43, #14 Exhibit 44, #15 Exhibit 45, #16 Exhibit 46, #17 Exhibit 47, #18 Exhibit 48, #19 Exhibit 49, #20 Exhibit 50, #21 Exhibit 51, #22 Exhibit 52, #23 Exhibit 53, #24 Exhibit 54, #25 Exhibit 55, #26 Exhibit 56, #27 Exhibit 57, #28 Exhibit 58, #29 Exhibit 59, #30 Exhibit 60, #31 Exhibit 61, #32 Exhibit 62, #33 Exhibit 63, #34 Exhibit 64, #35 Exhibit 65, #36 Exhibit 66, #37 Exhibit 67, #38 Exhibit 68, #39 Exhibit 70, #40 Exhibit 71, #41 Exhibit 72, #42 Exhibit 73, #43 Exhibit 74, #44 Exhibit 75, #45 Exhibit 76, #46 Exhibit 77, #47 Exhibit 78, #48 Exhibit 79, #49 Exhibit 80, #50 Exhibit 81, #51 Exhibit 82, #52 Exhibit 83, #53 Exhibit 84, #54 Exhibit 85, #55 Exhibit 86, #56 Exhibit 87) (Koonin, Russell) |
| Filing 52 CERTIFICATE of Compliance Re Admitted Evidence for exhibit(s): 1-30 by Russell Koonin on behalf of Securities and Exchange Commission (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, #29 Exhibit 29, #30 Exhibit 30) (Koonin, Russell) |
Filing 51
ORDER granting #48 Motion to Continue Hearing and Extending Temporary Restraining Order: The Show Cause Hearing is RESET for 10/16/2023 at 10:30 AM in West Palm Beach Division VIA VIDEOCONFERENCING before Judge Donald M. Middlebrooks. Signed by Judge Donald M. Middlebrooks on 10/2/2023. See attached document for full details. (gm1)
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| Filing 50 NOTICE by Boss Global Advisory Group, Inc., David P. Grzan, John A. Mattera, Preipo Corp. of Filing Unopposed Proposed Order (Schwartz, Fred) |
| Filing 49 NOTICE by Boss Global Advisory Group, Inc., David P. Grzan, John A. Mattera, Preipo Corp. of Filing Declaration of Fred Schwartz (Schwartz, Fred) |
| Filing 48 Unopposed MOTION to Continue Hearing Date etc. by Boss Global Advisory Group, Inc., David P. Grzan, John A. Mattera, Preipo Corp.. Responses due by 10/16/2023 (Schwartz, Fred) |
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Filing 47
ORDER EXTENDING TEMPORARY RESTRAINING ORDER: The Temporary Restraining Order (DE 10) shall be extended until Tuesday, October 3, 2023. Signed by Judge Donald M. Middlebrooks on 9/28/2023. See attached document for full details. (gm1)
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| Filing 46 PAPERLESS Minute Entry for proceedings held before Judge Donald M. Middlebrooks: Show Cause Hearing held on 9/27/2023. Attorney Appearance(s): Russell Koonin, Brian John Lechich, Fred Arthur Schwartz and John Joseph Shahady. Parties Stipulated that all Exhibits listed in their exhibit lists are admitted. Witnesses sworn and testified: Mark Leonardo, August Liguori and David Grzan. **Show Cause Hearing continues on TUESDAY, 10/3/2023 at 01:00 PM in MIAMI Division at the James Lawrence King Building, 99 NE 4th Street, Courtroom 11-1, 11th Floor** before Judge Donald M. Middlebrooks. One hour is set aside for this hearing. Total time in court: 5 hour(s) : 05 minutes. Court Reporter: Jill Wells, 305-523-5158 / Jill_Wells@flsd.uscourts.gov. (gm1) |
| Filing 45 NOTICE by Boss Global Advisory Group, Inc., David P. Grzan, John A. Mattera, Preipo Corp. of Witness List (Schwartz, Fred) |
| Filing 44 NOTICE by Boss Global Advisory Group, Inc., David P. Grzan, John A. Mattera, Preipo Corp. of Exhibit List (Schwartz, Fred) |
| Filing 43 NOTICE by Securities and Exchange Commission of Filing Exhibit List (Attachments: #1 Exhibit Exhibit List) (Koonin, Russell) |
| Filing 42 NOTICE by Securities and Exchange Commission of Filing Witness List (Koonin, Russell) |
| Filing 41 NOTICE by Securities and Exchange Commission re #10 Order on Motion for Temporary Restraining Order, Proposed Order on Preliminary Injunction and Other Relief (Attachments: #1 Text of Proposed Order) (Koonin, Russell) |
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Filing 40
PAPERLESS ORDER: In light of the hearing scheduled for tomorrow, 9/27/23 at 1:30 pm, counsel for each party shall either submit on the record beforehand, or come to the hearing with, a typed list of proposed witnesses and/or exhibits. All exhibits must be pre-labeled in accordance with the proposed exhibit list. Exhibit labels must include the case number. The Parties exhibit list should be prepared using the Administrative Offices form 187 (AO-187). The Parties are responsible for complying with the Southern District of Floridas Administrative Order 2016-70, which was entered on November 22, 2016, concerning the electronic submission of admitted 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 any exhibits admitted. Signed by Judge Donald M. Middlebrooks on 9/26/2023. (gm1)
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| Filing 39 NOTICE by Boss Global Advisory Group, Inc., David P. Grzan, John A. Mattera, Preipo Corp. of Filing Statement of John Piazza (Schwartz, Fred) |
| Filing 38 NOTICE by Boss Global Advisory Group, Inc., David P. Grzan, John A. Mattera, Preipo Corp. of Filing Statements of Halper and Mondrone (Schwartz, Fred) |
| Filing 37 NOTICE by Boss Global Advisory Group, Inc., David P. Grzan, John A. Mattera, Preipo Corp. of Filing Statement of Rajiv Kamaria (Schwartz, Fred) |
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Filing 36
ORDER granting #35 Motion for Permission to Bring Electronic Devices Into the Courthouse. Signed by Judge Donald M. Middlebrooks on 9/26/2023. See attached document for full details. (gm1)
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| Filing 35 Agreed MOTION for Permission to Bring Electronic Devices into the Courthouse by Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order)(Koonin, Russell) |
| Filing 34 NOTICE by Securities and Exchange Commission of Filing Defendant Mattera's Plea Agreement and Plea Colloquy (Attachments: #1 Exhibit Plea Agreement, #2 Exhibit Plea Colloquy) (Koonin, Russell) |
| Filing 33 NOTICE of Attorney Appearance by Brian John Lechich on behalf of Securities and Exchange Commission. Attorney Brian John Lechich added to party Securities and Exchange Commission(pty:pla). (Lechich, Brian) |
| Filing 32 NOTICE by Securities and Exchange Commission of Filing Supplemental Declarations in Support of Motion for Preliminary Injunction (Attachments: #1 Exhibit A-2, #2 Exhibit B-2) (Koonin, Russell) |
| Filing 31 NOTICE of Attorney Appearance by John Joseph Shahady on behalf of Boss Global Advisory Group, Inc., David P. Grzan, John A. Mattera, Preipo Corp.. Attorney John Joseph Shahady added to party Boss Global Advisory Group, Inc. (pty:dft), Attorney John Joseph Shahady added to party David P. Grzan (pty:dft), Attorney John Joseph Shahady added to party John A. Mattera(pty:dft), Attorney John Joseph Shahady added to party Preipo Corp. (pty:dft). (Shahady, John) |
| Filing 30 RESPONSE in Opposition re #25 Agreed MOTION to Continue TRO and Show Cause Hearing, #6 MOTION for Temporary Restraining Order filed by Boss Global Advisory Group, Inc., David P. Grzan, John A. Mattera, Preipo Corp.. Replies due by 9/29/2023. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E)(Schwartz, Fred) |
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Filing 29
PAPERLESS ORDER denying as moot #4 Plaintiff's Motion for Leave to File Emergency Ex Parte Motion in Excess of 20-Page Limit. The SEC filed an Emergency Ex-Parte Motion for a TRO on August 14, 2023 (DE #6 ), which I granted on August 15, 2023 (DE #10 ). Because I have already ruled on the motion, the request for excess pages is now moot. Signed by Judge Donald M. Middlebrooks on 9/21/2023. (kal)
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Filing 28
ORDER UNSEALING re #27 Sealed Order on Motion. Signed by Judge Donald M. Middlebrooks on 9/6/2023. See attached document for full details. (amb)
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Filing 27
ORDER GRANTING AGREED MOTION TO CONTINUE TRO ORDER AND SHOW CAUSE HEARING re #25 Motion to Continue, filed by Boss Global Advisory Group, Inc., David P. Grzan, John A. Mattera, Preipo Corp.. Signed by Judge Donald M. Middlebrooks on 9/5/2023. (amb) Modified to Unseal per DE #28 on 9/6/2023 (amb).
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| Set/Reset Sealed Deadlines/Hearings PER de #27 Order. Show Cause Hearing set for 9/27/2023 01:30 PM in West Palm Beach Division before Judge Donald M. Middlebrooks. (amb) Modified to Unseal per DE #28 on 9/6/2023 (amb). |
| Filing 26 NOTICE OF UNAVAILABILITY by Boss Global Advisory Group, Inc., David P. Grzan, John A. Mattera, Preipo Corp. for dates of October 2-6, 2023 (Schwartz, Fred) |
| Filing 25 Agreed MOTION to Continue TRO and Show Cause Hearing by Boss Global Advisory Group, Inc., David P. Grzan, John A. Mattera, Preipo Corp.. Responses due by 9/13/2023 (Attachments: #1 Affidavit Declaration of Fred A. Schwartz, #2 Text of Proposed Order Order Granting Agreed Motion)(Schwartz, Fred) |
| Filing 24 NOTICE OF UNAVAILABILITY by Securities and Exchange Commission (Koonin, Russell) |
| Filing 23 NOTICE by Boss Global Advisory Group, Inc., David P. Grzan, John A. Mattera, Preipo Corp. of Filing Affidavit of August Liguori (Schwartz, Fred) |
| Filing 22 NOTICE of Attorney Appearance by Fred Arthur Schwartz on behalf of Boss Global Advisory Group, Inc., David P. Grzan, John A. Mattera, Preipo Corp.. Attorney Fred Arthur Schwartz added to party Boss Global Advisory Group, Inc. (pty:dft), Attorney Fred Arthur Schwartz added to party David P. Grzan (pty:dft), Attorney Fred Arthur Schwartz added to party John A. Mattera(pty:dft), Attorney Fred Arthur Schwartz added to party Preipo Corp. (pty:dft). (Schwartz, Fred) |
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Filing 21
PAPERLESS ORDER denying without prejudice #18 Plaintiff's Motion for Expedited Briefing. The Motion is deficient for failure to confer under Rule 7.1(a)(3). Moreover, Plaintiff does not thoroughly explain its basis for seeking expedited briefing and a hearing. Plaintiff may move to extend the TRO as necessary, which froze all of Defendants' assets. Thus, It is not clear what assets Defendants "retain control over." Accordingly, Plaintiff's Motion is denied without prejudice. Signed by Judge Donald M. Middlebrooks on 8/23/2023. (kal)
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| Filing 20 NOTICE of Compliance with Court Order dated 8-15-23 by Boss Global Advisory Group, Inc., David P. Grzan, John A. Mattera, Preipo Corp. (Schwartz, Fred) |
| Filing 19 AMENDED COMPLAINT against All Defendants, filed by Securities and Exchange Commission.(Koonin, Russell) |
| Filing 18 Plaintiff's MOTION to Expedite Briefing by Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order)(Koonin, Russell) |
| Filing 17 CERTIFICATE OF SERVICE by Securities and Exchange Commission of Boss Global Advisory Group, Inc. (Koonin, Russell) |
| Filing 16 CERTIFICATE OF SERVICE by Securities and Exchange Commission of David P. Grzan (Koonin, Russell) |
| Filing 15 CERTIFICATE OF SERVICE by Securities and Exchange Commission of John A. Mattera (Koonin, Russell) |
| Filing 14 CERTIFICATE OF SERVICE by Securities and Exchange Commission of PreIPO Corp. (Koonin, Russell) |
| Filing 13 NOTICE of Compliance re #12 Order on Motion. (All docket entries unsealed) (amb) |
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Filing 12
ORDER granting #11 Motion. Signed by Judge Donald M. Middlebrooks on 8/17/2023. See attached document for full details. (amb)
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| Filing 11 PLAINTIFF SECURITIES AND EXCHANGE COMMISSION'S MOTION TO LIFT THE SEAL by Securities and Exchange Commission. (Attachments: #1 Proposed Order)(amb) |
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Filing 10
ORDER granting #6 Sealed Ex Parte Motion for Temporary Restraining Order, Asset Freeze and Other Relief. A Show Cause Hearing is set for 9/7/2023 at 10:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks. Signed by Judge Donald M. Middlebrooks on 8/15/2023. See attached document for full details. (gm1)
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Filing 9
ORDER granting #3 Sealed Motion to File Under Seal. Signed by Judge Donald M. Middlebrooks on 8/15/2023. See attached document for full details. (gm1)
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| Filing 8 NOTICE OF UNAVAILABILITY by Securities and Exchange Commission. (kpe) |
| Filing 7 CERTIFICATE Pursuant to Rule 65(b) of the FederaL Rules of Civil Procedure by Securities and Exchange Commission. (kpe) |
| Filing 6 EMERGENCY EX-PARTE MOTION for Temporary Restraining Order, Asset Freeze and Other Relief by Securities and Exchange Commission. Responses due by 8/28/2023. (Attachments: #1 Text of Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(kpe) |
| Filing 5 Summons Issued as to All Defendants. (kpe) |
| Filing 4 MOTION for Leave to File Its Emergency Ex Parte Motion for Temporary Restraining Oder, Asset Freeze, and Other Relief in Excess of the 20-Page Limit by Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order)(kpe) |
| Filing 3 EX PARTE MOTION to File Under Seal by Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order)(kpe) |
| Filing 2 Judge Assignment to Judge Donald M. Middlebrooks (kpe) |
| Filing 1 COMPLAINT for Injunctive and Other Relief against All Defendants, filed by Securities and Exchange Commission.. Filing fees $ 402.00. USA Filer - No Filing Fee Required. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(kpe) |
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