United States Securities and Exchange Commission v. Drive Planning, LLC et al
| United States Securities and Exchange Commission |
| Russell Todd Burkhalter, Drive Properties, LLC, TBR Supply House, Inc., The Burkhalter Ranch Corporation, Jacqueline Burkhalter, Drive Planning, LLC and Drive Gulfport Properties LLC |
| Kenneth Murena |
| 1:2024cv03583 |
| August 13, 2024 |
| U.S. District Court for the Northern District of Georgia |
| Victoria M Calvert |
| Securities/Commodities |
| 15 U.S.C. § 77 Securities Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 11, 2024. A more recent docket listing may be available from PACER.
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Filing 52
ORDER granting #51 Motion for Order. Defendant Russell Todd Burkhalter may utilize the $277,144.50 his counsel Arnall Golden Gregory LLP has on retainer for his benefit to pay Arnall Golden Gregory its attorneys' fees and expenses. The $277,144.50 held by Arnall Golden Gregory LLP on retainer may only be used to pay Mr. Burkhalter's attorneys' fees and expenses. Signed by Judge Victoria M. Calvert on 10/11/2024. (jbu)
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| Filing 51 Unopposed MOTION for Order - Defendant Russell Todd Burkhalters Unopposed Motion to Allow Payment of Attorneys Fees and Expenses by Russell Todd Burkhalter. (Attachments: #1 Proposed Order)(Danzig, Aaron) |
| Filing 50 Notice for Leave of Absence for the following date(s): December 23, 2024 through January 6, 2025, by Aaron M. Danzig. (Danzig, Aaron) |
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Filing 49
ORDER granting #48 Unopposed Motion to Unfreeze Funds to Maintain and Preserve Businesses and Properties in Which Receivership Estate Holds Interest. Signed by Judge Victoria M. Calvert on 9/23/2024. (jbu)
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| Filing 48 Unopposed MOTION Receiver's Unopposed Motion to Unfreeze Funds to Maintain and Preserve Businesses and Properties in Which Receivership Estate Holds Interest by Kenneth Murena. (Attachments: #1 Exhibit A- Prop Order)(Landy, Russell) |
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Filing 47
ORDER granting #45 Motion for Authorization to Employ Preti Flaherty Beliveau & Pachios, LLP. Signed by Judge Victoria M. Calvert on 9/17/2024. (jbu)
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Filing 46
ORDER granting #44 Motion for Authorization to Employ and Pay Retainer to Johnathan Pikoff and Pikoff Attorneys to Serve as Counsel for Receiver in San Jose del Cabo, Mexico. Signed by Judge Victoria M. Calvert on 9/17/2024. (jbu)
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| Filing 45 Unopposed MOTION Receiver's Unopposed Motion for Authorization to Employ Preti Flaherty Beliveau & Pachios, LLP as the Receiver's New Hampshire Local Counsel by Kenneth Murena. (Attachments: #1 Exhibit A- Prop Order)(Landy, Russell) |
| Filing 44 Unopposed MOTION Receiver's Unopposed Motion for Authorization to Employ and Pay Retainer to John Pikoff and Pikoff Attorneys to Serve as Counsel for Receiver in San Jose Del Cabo, Mexico by Kenneth Murena. (Attachments: #1 Exhibit A- retainer letter, #2 Exhibit B- Proposed Order)(Landy, Russell) |
| Filing 43 NOTICE Of Filing Coinbase Inc. Certified Statement (jbu) |
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Filing 42
ORDER granting #41 Unopposed Motion for Authorization to Pay Captain Lance Brooks to Serve as Captain for Live More Yacht and Other Expenses to Maintain Yacht. (See order.) Signed by Judge Victoria M. Calvert on 9/6/2024. (jbu)
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| Filing 41 Unopposed MOTION Receiver's Unopposed Motion for Authorization to Pay Captain Lance Brooks to Serve as Captain for "Live More" Yacht and Other Expenses to Maintain Yacht by Kenneth Murena. (Attachments: #1 Exhibit A- Proposed Order)(Landy, Russell) |
| Filing 39 NOTICE by Kenneth Murena Regarding Receivership Defendant Drive Planning LLC's Sworn Statement Requirement Pursuant to Order Appointing Receiver [ECF No.10] (Pavon, Adriana) |
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Filing 38
ORDER granting #37 Motion for Authorization to Employ Stretto as a Noticing and Claims Data Agent. Signed by Judge Victoria M. Calvert on 9/3/2024. (jbu)
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| Filing 40 NOTICE Of Filing from American Express Travel Related Services Company, Inc. (jbu) |
| Filing 37 Unopposed MOTION Receiver's Unopposed Motion for Authorization to Employ Stretto as a Noticing and Claims Data Agent by Kenneth Murena. (Attachments: #1 Exhibit A- Proposal and Service Agreement, #2 Exhibit B- Proposed Order)(Landy, Russell) |
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Filing 35
STANDING ORDER: GUIDELINES TO PARTIES AND COUNSEL IN CASES PROCEEDING BEFORE THE HONORABLE VICTORIA M. CALVERT. Signed by Judge Victoria M. Calvert on 8/27/24. (vs)
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| Filing 36 NOTICE Of Filing Answer to Preliminary Injunction Freezing Assets and Granting Other Equitable Relief (Truist Bank) (jbu) |
| Filing 34 NOTICE by Kenneth Murena of Appearance of Russell Landy, Esq. and Adriana Pavon, Esq. of the law firm Damian | Valori | Culmo as Counsel for the Receiver (Sewell, Henry) |
| Filing 33 NOTICE by United States Securities and Exchange Commission of Ongoing Investigation (Roback, Harry) |
| Filing 32 WAIVER OF SERVICE Returned Executed by United States Securities and Exchange Commission. Drive Planning, LLC waiver mailed on 8/21/2024, answer due 10/21/2024. (Huddleston, Pat) |
| Filing 31 WAIVER OF SERVICE Returned Executed by United States Securities and Exchange Commission. Jacqueline Burkhalter waiver mailed on 8/15/2024, answer due 10/15/2024. (Huddleston, Pat) |
| Filing 30 WAIVER OF SERVICE Returned Executed by United States Securities and Exchange Commission. Drive Properties, LLC waiver mailed on 8/15/2024, answer due 10/15/2024. (Huddleston, Pat) |
| Filing 29 WAIVER OF SERVICE Returned Executed by United States Securities and Exchange Commission. Drive Gulfport Properties LLC waiver mailed on 8/15/2024, answer due 10/15/2024. (Huddleston, Pat) |
| Filing 28 WAIVER OF SERVICE Returned Executed by United States Securities and Exchange Commission. TBR Supply House, Inc. waiver mailed on 8/15/2024, answer due 10/15/2024. (Huddleston, Pat) |
| Filing 27 WAIVER OF SERVICE Returned Executed by United States Securities and Exchange Commission. The Burkhalter Ranch Corporation waiver mailed on 8/15/2024, answer due 10/15/2024. (Huddleston, Pat) |
| Filing 26 WAIVER OF SERVICE Returned Executed by United States Securities and Exchange Commission. Russell Todd Burkhalter waiver mailed on 8/14/2024, answer due 10/15/2024. (Huddleston, Pat) |
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ORDER (by docket text only) granting #19 Application by Russell Landy for Admission Pro Hac Vice. Entered by Judge Victoria M. Calvert on 8/21/24. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(vs)
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ORDER granting #20 Application by Adriana Pavon for Admission Pro Hac Vice. Entered by Judge Victoria M. Calvert on 8/21/24. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(vs)
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| Filing 25 RESPONSE re #11 Order on Motion for TRO, Order on Motion for Preliminary Injunction, Order on Motion for Relief Defendant's Preliminary Injunction Disclosures filed by Russell Todd Burkhalter. (Danzig, Aaron) |
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Filing 24
ORDER granting #21 Motion for Order. The Receiver is authorized to engage Damian Valori Culmo, the Law Offices of Henry F. Sewell, Jr, LLC and Hays Financial Consulting LLC to assist the Receiver in fulfilling his duties under this Court's Orders effective as of August 13, 2024. Signed by Judge Victoria M. Calvert on 8/19/2024. (jbu)
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| Filing 23 RESPONSE re #11 Order on Motion for TRO, Order on Motion for Preliminary Injunction, Order on Motion for Relief Relief Defendants' Preliminary Injunction Disclosures filed by Jacqueline Burkhalter. (Christy, Cecilia) |
| Filing 22 NOTICE of Appearance by Cecilia Jackson Christy on behalf of Jacqueline Burkhalter (Christy, Cecilia) |
| Filing 21 MOTION for Order Authorizing Receiver to Employ Professionals by Kenneth Murena. (Sewell, Henry) |
| APPROVAL by Clerks Office re: #20 APPLICATION for Admission of Adriana Pavon Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13650200). Attorney Adriana Pavon added appearing on behalf of Kenneth Murena. E-filing access may be requested after an order granting the application is entered. (esr) |
| APPROVAL by Clerks Office re: #19 APPLICATION for Admission of Russell Landy Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13650170). Attorney Russell Landy added appearing on behalf of Kenneth Murena. E-filing access may be requested after an order granting the application is entered. (esr) |
| Filing 20 APPLICATION for Admission of Adriana Pavon Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13650200).by Kenneth Murena. (Sewell, Henry) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 19 APPLICATION for Admission of Russell Landy Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13650170).by Kenneth Murena. (Sewell, Henry) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 18 NOTICE by Kenneth Murena of Appearance as Receiver and Demand for Service (Sewell, Henry) |
| Filing 17 NOTICE of Appearance by Henry Francis Sewell, Jr on behalf of Kenneth Murena (Sewell, Henry) |
| Filing 16 SEALED NOTICE Of Filing Preliminary Injunction Order by United States Securities and Exchange Commission (Unredacted Copy) (Attachments: #1 Text of Proposed Order Unredacted Proposed Preliminary Injunction Order)(Roback, Harry) Modified on 8/14/2024 (jbu). |
| Filing 15 Minute Entry for proceedings held before Judge Victoria M. Calvert: Telephone Conference held on 8/14/2024. Plaintiff's #2 Motion for Order Requiring Surrender of Passport DENIED. Court gave Plaintiff leave to file an unredacted version of #11 Preliminary Injunction under seal. (Court Reporter Wynette Blathers)(jbu) |
| Filing 14 NOTICE of Appearance by Kara Gordon Silverman on behalf of Russell Todd Burkhalter (Silverman, Kara) |
| Filing 13 AFFIDAVIT Declaration of Aaron M. Danzig by Russell Todd Burkhalter. (Danzig, Aaron) |
| Filing 12 NOTICE of Appearance by Aaron M. Danzig on behalf of Russell Todd Burkhalter (Danzig, Aaron) |
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Filing 11
ORDER granting #2 Motion (Preliminary Injunction Freezing Assets and Granting Other Equitable Relief). Signed by Judge Victoria M. Calvert on 8/13/2024. (jbu)
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Filing 10
ORDER granting #2 Motion to Appoint Receiver. Kenneth Murena appointed. See order for specifics. Signed by Judge Victoria M. Calvert on 8/13/2024. (jbu)
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| Filing 9 Electronic Summons Issued as to Drive Gulfport Properties LLC. (jbu) |
| Filing 8 Electronic Summons Issued as to The Burkhalter Ranch Corporation. (jbu) |
| Filing 7 Electronic Summons Issued as to TBR Supply House, Inc.. (jbu) |
| Filing 6 Electronic Summons Issued as to Russell Todd Burkhalter. (jbu) |
| Filing 5 Electronic Summons Issued as to Jacqueline Burkhalter. (jbu) |
| Filing 4 Electronic Summons Issued as to Drive Properties, LLC. (jbu) |
| Filing 3 Electronic Summons Issued as to Drive Planning, LLC. (jbu) |
| Filing 2 MOTION for Emergency Relief, MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED, MOTION for Preliminary Injunction, MOTION to Appoint Receiver, MOTION for Asset Freeze Order by United States Securities and Exchange Commission. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order, #3 Text of Proposed Order Appointing Receiver, #4 Text of Proposed Order Requiring Defendant Burkhalter to Surrender His Passport and Stay in the Country, #5 Declaration of Joseph Morgan, #6 Declaration of Cody Turley, #7 Declaration of Julie Edwards, #8 Declaration of Richard Beck, #9 Declaration of Christian Carlson, #10 Declaration of Charles Thompson, #11 Declaration of Chris Eason, #12 Declaration of Joseph Maniaci, #13 Declaration of Angelo Sandone, #14 Testimony Transcript of Russell Burkhalter, #15 Testimony Transcript of Jacqueline Burkhalter, #16 Testimony Transcript of David Bradford, #17 Profile of Ken Murena, Esq)(jbu) |
| Filing 1 COMPLAINT with Jury Demand filed by United States Securities and Exchange Commission. (Attachments: #1 Civil Cover Sheet)(jbu) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
| NOTICE OF TELEPHONE PROCEEDING re: #2 MOTION for Temporary Restraining Order. Telephonic conference on Plaintiff's Motion for Order Requiring Surrender of Passport set for 8/14/2024 at 11:00 AM before Judge Victoria M. Calvert. Connection Instructions: Please call 1-866-390-1828 Access Code: 6421054# As participant push # Security Code: 0413# (ntj) |
| Submission of #2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED MOTION for Preliminary Injunction MOTION to Appoint Receiver, MOTION for Order, MOTION for Emergency Relief, to District Judge Victoria M. Calvert. (jbu) |
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