SEC, et al v. Custable, et al
| U.S. Securities and Exchange Commission |
| Blagman Media International, Inc., Thermoelastic Technologies, Inc., Active Investments, Inc., Pacel Corp, Suburban Capital Corporation, Sothis III LDC, Pine Services, Ltd., Wasatch Pharmaceutical, Inc., David Giles, David Calkins, Robert Blagman, Brad Nordling, Francis Scott Widen, Richard Bailey, Frank J Custable, Jr, Gary Heesch, Gateway Distributors, Ltd. and Sara Wetzel |
| Mr. Brad Hare |
| United States of America |
| Charter One Bank, N.A. |
| Mark D Toljanic |
| 1:2003cv02182 |
| March 27, 2003 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Sharon Johnson Coleman |
| Securities/Commodities |
| 15 U.S.C. § 78 m(a) Securities Exchange Act |
| None |
Docket Report
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| Filing 478 ISSUED ABSTRACT of Judgment per the request of US Securities and Exchange Commission against Brad Nordling in the amount of $69,570.00.(rp, ) |
Filing 470
ORDER: Enter Amended Turnover Order. The Clerk of Court is directed to seal the amended turnover order. The Clerk of Court is directed to provide a certified copy of the amended turnover order to counsel of record John A. Dienner, III. The Clerk of Court is also directed to permanently seal Turnover Order document #465. Signed by the Honorable Sharon Johnson Coleman on 6/8/2016. Mailed notice(lw, )
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| Filing 469 SEALED AMENDED TURNOVER ORDER. Signed by the Honorable Sharon Johnson Coleman on 6/8/2016. (lw, ) |
| Filing 468 MINUTE entry before the Honorable Sharon Johnson Coleman: Plaintiffs' unopposed motion to amend turnover order #466 is granted. No appearance required on 5/25/2016.Mailed notice (rth, ) |
| Filing 467 NOTICE of Motion by Christy White for presentment of motion to amend/correct, motion for relief #466 before Honorable Sharon Johnson Coleman on 5/25/2016 at 09:45 AM. (White, Christy) |
| Filing 466 MOTION by Plaintiff Securities and Exchange Commission to amend/correct order #465 for turnover (White, Christy) |
| Filing 465 TURNOVER ORDER as to Valartis Bank in Austria. Signed by the Honorable Sharon Johnson Coleman on 4/19/2016:Mailed notice(jms, ) |
| Filing 464 MINUTE entry before the Honorable Sharon Johnson Coleman: Motion hearing held. Plaintiff's motion for leave to appear by telephone #462 is granted. The joint motion for a turnover order #459 is granted. (draft order to follow)Mailed notice (jms, ) |
| Filing 463 NOTICE OF EMAIL NOTIFICATION FAILURE, for document #460 , #462 , #461 , #459 sent to Attorney Erin E Krejci returned as: Unknown Address Error. Mailed to attorney Erin E Krejci a Letter re: bounce back email and a Notification of Change of Address form. Notices have been set to No. Counsel must email the Clerk's Office at Docketing_ILND@uscourts.gov when a Notification of Change of Address has been filed to ensure electronic notification is reset. (ek, ) |
| Filing 462 MOTION by Plaintiff Securities and Exchange Commission for leave to appear as Counsel for the SEC by Telephone (White, Christy) |
| Filing 461 CERTIFICATE of Service by Christy White on behalf of Securities and Exchange Commission regarding notice of motion #460 , MOTION by Plaintiff Securities and Exchange Commission and Defendant Frank J. Custable Jr.'s Joint Motion for a Turnover Order #459 (White, Christy) |
| Filing 460 NOTICE of Motion by Christy White for presentment of motion for miscellaneous relief, #459 before Honorable Sharon Johnson Coleman on 4/19/2016 at 08:45 AM. (White, Christy) |
| Filing 459 MOTION by Plaintiff Securities and Exchange Commission and Defendant Frank J. Custable Jr.'s Joint Motion for a Turnover Order (Attachments: #1 Exhibit 1 - Custable Affidavit, #2 Exhibit 2 - Valartis Portfolio Summary, #3 Exhibit 3 - Custable Consent Directive)(White, Christy) |
| Filing 458 OPINION from the USCA for the 7th Circuit; Argued 7/8/2015; Decided 7/28/2015 in USCA case no. 15-1442. (lk, ) |
| Filing 457 MANDATE of USCA dated 7/28/2015 regarding notice of appeal #448 ; USCA No. 15-1442; The appeal is DISMISSED, with costs, in accordance with the decision of this court entered on this date. (lk, ) |
| Filing 456 LETTER from the Seventh Circuit regarding the record on appeal in USCA no. 15-1442; No record to be returned. (lk, ) |
| Filing 455 USCA RECEIVED on 6/3/15 the long record regarding notice of appeal #448 . (smm) |
| Filing 454 TRANSMITTED to the USCA for the 7th Circuit the long record on appeal #448 (USCA no. 15-1442).(smm) |
| Filing 453 NOTICE to Transmit Record on Appeal regarding notice of appeal #448 ; USCA Case No. 15-1442. (aee, ) |
| Filing 452 TRANSCRIPT OF PROCEEDINGS held on 2/3/15 before the Honorable Sharon Johnson Coleman. Motion Hearing. Court Reporter Contact Information: TRACEY D. McCULLOUGH, 312-435-5570, Tracey_Mccullough@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 5/28/2015. Redacted Transcript Deadline set for 6/8/2015. Release of Transcript Restriction set for 8/5/2015. (Mccullough, Tracey) |
| Filing 451 ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal #448 ; USCA Case No. 15-1442. (jh, ) |
| Filing 450 TRANSMITTED to the 7th Circuit the short record on notice of appeal #448 . Notified counsel (smm) |
| Filing 449 DOCKETING Statement by Brad Hare regarding notice of appeal #448 (Goble, Roger) |
| Filing 448 NOTICE of appeal by Brad Hare regarding orders #447 Filing fee $ 505, receipt number 0752-10403951. (Goble, Roger) |
| Filing 447 MINUTE entry before the Honorable Sharon Johnson Coleman: Motion hearing held on plaintiff Securities Exchange Commission's motion for disbursement of funds held in Court registry account #440 . The Court heard arguments on the motion and considered the response filed by Brad Hare, the judgment creditor of defendant Frank Custable. The Motion is granted. While Mr. Hare may have a valid claim to funds from defendant Frank Custable, the funds held in the Court registry are not part of Custable's estate, which is the reason the funds were disgorged in the first instance.Mailed notice (rth, ) |
| Filing 446 MINUTE entry before the Honorable Sharon Johnson Coleman: Motion hearing held on 2/3/2015. Plaintiff's motion for disbursement of funds Held in Court Registry Account #440 is taken under advisement. Ruling by 2/6/2015.Mailed notice (rth, ) |
| Filing 445 ATTORNEY Appearance for Plaintiff Securities and Exchange Commission by Christy White (White, Christy) |
| Filing 444 CERTIFICATE of Service Response to SEC Motion to Disburse (Goble, Roger) |
| Filing 443 RESPONSE by Movant Brad Hare to motion for disbursement of funds #440 (Goble, Roger) |
| Filing 442 CERTIFICATE of Service by Jonathan Stephen Polish on behalf of Securities and Exchange Commission regarding MOTION by Plaintiff Securities and Exchange Commission for disbursement of funds Held in Court Registry Account #440 , notice of motion #441 , attorney appearance #439 (Polish, Jonathan) |
| Filing 441 NOTICE of Motion by Jonathan Stephen Polish for presentment of motion for disbursement of funds #440 before Honorable Sharon Johnson Coleman on 2/3/2015 at 08:45 AM. (Polish, Jonathan) |
| Filing 440 MOTION by Plaintiff Securities and Exchange Commission for disbursement of funds Held in Court Registry Account (Polish, Jonathan) |
| Filing 439 ATTORNEY Appearance for Plaintiff Securities and Exchange Commission by Jonathan Stephen Polish (Polish, Jonathan) |
| Filing 438 MINUTE entry before the Honorable Sharon Johnson Coleman: Motion by Brad Hare pursuant to 28 U.S.C. 2042 for release of funds #435 is withdrawn.Mailed notice (rth, ) |
| Filing 437 CERTIFICATE of Service by Roger C. Goble on behalf of Brad Hare (Goble, Roger) |
| Filing 436 NOTICE by Brad Hare to Withdraw Motion (Goble, Roger) |
| Filing 435 MOTION by Movant Brad Hare for release of funds pursuant to 28 USC Sec.2042 (Goble, Roger) |
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Filing 433
ORDER This Court having been notified by the Clerk of Court that the deposit transferred to the registry of the Court pursuant to the July 3, 2013 order was possibly drawn on Canadian currency due to markings ("CAD") thereon, hereby directs a redeposit of required funds by international wire transfer in accordance with requirements by the involved banking institutions. Signed by the Honorable Sharon Johnson Coleman on 2/5/2014.(nf, )
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| Filing 432 LETTER from Mr. Goble and Mr. Custable dated 12/9/13. (mb, ) |
| Filing 431 MINUTE entry before the Honorable Sharon Johnson Coleman: Motion hearing held on 12/10/2013. Movant Brad Hare's motion for notice of proposed distribution #429 is granted in part and denied in part. The motion that he be given electronic notice of any action in this case is granted. However, his motion to participate is denied. The court denies his request to participate in the case in any way beyond receiving electronic notice.Mailed notice (rth, ) |
| Filing 430 NOTICE of Motion by Roger C. Goble for presentment of motion for miscellaneous relief #429 before Honorable Sharon Johnson Coleman on 12/10/2013 at 08:45 AM. (Goble, Roger) |
| Filing 429 MOTION by Movant Brad Harefor notice of proposed distribution (Attachments: #1 Certificate of Service Notice of Hearing)(Goble, Roger) |
| Filing 428 REPATRIATION ORDER Signed by the Honorable Sharon Johnson Coleman on 7/3/2013:Mailed notice(rth, ) |
| Filing 427 MINUTE entry before Honorable Sharon Johnson Coleman: Plaintiffs motion for an order directing the repatriation of assets of defendant Frank J. Custable, Jr. #424 is granted. Enter Repatriation Order.Mailed notice (rth, ) |
| Filing 426 MINUTE entry before Honorable Sharon Johnson Coleman: Motion hearing held on 6/12/2013. Plaintiff SEC's motion for an order directing the repatration of assets of defendant Frank J. Custable, Jr. #424 is taken under advisement. If there has been no contact in 7 days, the court will enter the draft order. Funds paid to the SEC will be transferred back to the court's registry as set forth in open court.Mailed notice (rth, ) |
| Filing 425 NOTICE of Motion by Steven Justin Levine for presentment of motion for miscellaneous relief,, #424 before Honorable Sharon Johnson Coleman on 6/12/2013 at 08:45 AM. (Attachments: #1 Certificate of Service)(Levine, Steven) |
| Filing 424 MOTION by Plaintiff Securities and Exchange CommissionRepatriation of Assets of Defendant Frank J. Custable, Jr. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Notice of Filing Notice of Presentment, #3 Certificate of Service Certificate of Service, #4 Exhibit Exhibit 1, #5 Exhibit Exhibit 2, #6 Exhibit Exhibit 3, #7 Exhibit Exhibit 4, #8 Exhibit Exhibit 5, #9 Exhibit Exhibit 6, #10 Exhibit Exhibit 7, #11 Exhibit Exhibit 8, #12 Exhibit Exhibit 9, #13 Exhibit Exhibit 10, #14 Exhibit Exhibit 11, #15 Exhibit Exhibit 12, #16 Exhibit Exhibit 13, #17 Exhibit Exhibit 14, #18 Exhibit Exhibit 15, #19 Exhibit Exhibit 16)(Levine, Steven) |
| Filing 423 ABSTRACT of Judgment issued 4 Original in the amount of $6,425,849,00 as to Frank Custable Jr. (gcy, ) |
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Filing 422
ORDER regarding order on motion for disbursement of funds, motion hearing, terminate motions,,, #420 Signed by the Honorable Sharon Johnson Coleman on 9/16/2011:Mailed notice(keg, )
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Filing 421
MINUTE entry before Honorable Sharon Johnson Coleman:Enter Disbursement Order signed by Judge Sharon Johnson Coleman on September 16, 2011.Mailed notice (keg, )
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| Filing 420 MINUTE entry before Honorable Sharon Johnson Coleman:Motion hearing held on 7/27/2011. Plaintiff's motion for disbursement of funds #418 is granted. Order to be submitted in Word Perfect or Word form to the Proposed Order In Box of Judge Sharon Johnson Coleman. Mailed notice (keg, ) |
| Filing 419 NOTICE of Motion by Steven Justin Levine for presentment of motion for disbursement of funds #418 before Honorable Sharon Johnson Coleman on 7/27/2011 at 08:45 AM. (Attachments: #1 Certificate of Service)(Levine, Steven) |
| Filing 418 MOTION by Plaintiff Securities and Exchange Commission for disbursement of funds from Court Registry Account (Attachments: #1 Text of Proposed Order, #2 Exhibit A, #3 Certificate of Service)(Levine, Steven) |
| Filing 417 NOTICE by Securities and Exchange Commission of Filing (Attachments: #1 Exhibit SEC letter to Clerk of Court, with attachments, #2 Exhibit Receipt from Clerk of Court of Check from Parkway Bank, #3 Certificate of Service)(Levine, Steven) |
| Filing 416 MINUTE entry before Honorable Sharon Johnson Coleman: Enter Order Directing Turnover of Frozen Accounts. Mailed notices (gcy, ) |
| Filing 415 ENTER ORDER DIRECTING TURNOVER OF FROZEN ACCOUNTS Signed by the Honorable Sharon Johnson Coleman on 5/27/2011:(gcy, ) Modified on 5/31/2011 (gcy, ). |
| Filing 414 MINUTE entry before Honorable Sharon Johnson Coleman:Motion hearing held on 5/24/2011 regarding plaintiff's motion for turnover order #412 and the motion #412 is granted. Proposed order is to be submitted to the proposed order in box of Judge Sharon Johnson Coleman. Mailed notice (keg, ) |
| Filing 413 NOTICE of Motion by Steven Justin Levine for presentment of before Honorable Sharon Johnson Coleman on 5/24/2011 at 08:45 AM. (Attachments: #1 Certificate of Service)(Levine, Steven) |
| Filing 412 MOTION by Plaintiff Securities and Exchange Commission for turnover order (Attachments: #1 Text of Proposed Order, #2 Exhibit A -- Parkway Bank Correspondence, #3 Exhibit B -- Fidelity/Fiserv Correspondence, #4 Exhibit C -- Bank of America Correspondence, #5 Exhibit D -- Sterne Agee Correspondence, #6 Exhibit E -- Chase Bank/BankOne Correspondence, #7 Exhibit F -- Wetzel consent to turnover order, #8 Exhibit G -- Public records for Active Investments, Inc., #9 Exhibit H -- Public records for Suburban Capital Corp., #10 Exhibit I -- Custable declaration re criminal plea, #11 Certificate of Service)(Levine, Steven) |
| Filing 411 MINUTE entry before Honorable Sharon Johnson Coleman: Civil Case terminated.Mailed notices (gcy, ) |
| Filing 410 DOCUMENT ENTERED IN ERROR. Mailed notice(keg, ) (dl, ). Modified on 5/3/2011 (dl, ). |
| Filing 409 FINAL JUDGMENT AS TO DEFENDANT FRANCIS SCOTT WIDEN Entered by the Honorable Sharon Johnson Coleman on 3/11/2011:(gcy, ) |
| Filing 408 MINUTE entry before Honorable Sharon Johnson Coleman: Enter Final Judgment as to Defendant Francis Scott Widen. There being no just reason for delay, pursuant toRule 54(b) of the Federal Rules of Civil Procedure, the Clerk is ordered to enter this Final Judgment forthwith and without further notice. Mailed nootices (gcy, ) |
| Filing 407 FINAL JUDGMENT AS TO DEFENDANT BRAD NORDLING Entered by the Honorable Sharon Johnson Coleman on 3/11/2011:(gcy, ) |
| Filing 406 MINUTE entry before Honorable Sharon Johnson Coleman: Enter Final Judgment as to Defendant Brad Nordling. There being no just reason for delay, pursuant to Rule54(b) of the Federal Rules of Civil Procedure, the Clerk is ordered to enter this Final Judgment forthwith and without further notice. Mailed notices (gcy, ) |
| Filing 405 FINAL JUDGMENT AS TO DEFENDANT GARY HEESCH Entered by the Honorable Sharon Johnson Coleman on 3/11/2011:(gcy, ) |
| Filing 404 MINUTE entry before Honorable Sharon Johnson Coleman: Enter Final Judgment as to Defendant Gary Heesch. There being no just reason for delay, pursuant to Rule54(b) of the Federal Rules of Civil Procedure, the Clerk is ordered to enter this Final Judgment forthwith and without further notice. Mailed notices (gcy, ) |
| Filing 403 FINAL JUDGMENT AS TO DEFENDANT DAVID CALKINS Entered by the Honorable Sharon Johnson Coleman on 3/11/2011:(gcy, ) |
| Filing 402 MINUTE entry before Honorable Sharon Johnson Coleman: Enter Final Judgment as to Defendant David Calkins. There being no just reason for delay, pursuant to Rule54(b) of the Federal Rules of Civil Procedure, the Clerk is ordered to enter this Final Judgment forthwith and without further notice. Mailed notice (gcy, ) |
| Filing 401 MINUTE entry before Honorable Sharon Johnson Coleman:Motion hearing held on 3/9/2011. Plaintiff's motion for judgment by consent #399 is granted. Orders to be submitted to proposed order in box of Judge Sharon Johnson Coleman. Status hearing set for 3/11/2011 is stricken. Mailed notice (keg, ) |
| Filing 400 NOTICE of Motion by Steven Justin Levine for presentment of motion for judgment,, #399 before Honorable Sharon Johnson Coleman on 3/9/2011 at 08:45 AM. (Attachments: #1 Certificate of Service)(Levine, Steven) |
| Filing 399 MOTION by Plaintiff Securities and Exchange Commission for judgment , by consent, against Francis Scott Widen, Gary Heesch, David Calkins, and Brad Nordling (Attachments: #1 Text of Proposed Order Ex 1 -- Proposed Final Judgment -- WIden, #2 Text of Proposed Order Ex 2 -- Proposed Final Judgment -- Heesch, #3 Text of Proposed Order Ex 3 -- Proposed Final Judgment -- Calkins, #4 Text of Proposed Order Ex 4 -- Proposed Final Judgment -- Nordling, #5 Exhibit Ex 5 -- Consent, Widen, #6 Exhibit Ex 6 -- Consent, Heesch, #7 Exhibit Ex 7 -- Consent Calkins, #8 Exhibit Ex 8 -- Consent Nordling, #9 Certificate of Service)(Levine, Steven) |
| Filing 398 MINUTE entry before Honorable Sharon Johnson Coleman:Status hearing held on 1/10/2011 and reset to 3/11/2011 at 09:00 AM.Mailed notice (keg, ) |
| Filing 397 MINUTE entry before Honorable Sharon Johnson Coleman: Status hearing set for 1/10/2011 at 09:00 AM.Mailed notice (keg, ) |
| Filing 396 MINUTE entry before Honorable Sharon Johnson Coleman: Status hearing set for 1/3/2011 at 09:00 AM.Mailed notice (keg, ) |
| Filing 395 NOTICE by Securities and Exchange Commission re status report #394 (Attachments: #1 Certificate of Service)(Levine, Steven) |
| Filing 394 STATUS Report (Joint) by Securities and Exchange Commission (Attachments: #1 Certificate of Service)(Levine, Steven) |
| Filing 393 MINUTE entry before Honorable Joan B. Gottschall:Status hearing set for 9/28/2010 is vacated. Mailed notice (rj, ) |
| Filing 392 MINUTE entry before Honorable Sharon Johnson Coleman: This case has been reassigned to the calendar of Judge Sharon Johnson Coleman. The parties aredirected to meet and discuss the status of the case. Please file a joint status report not exceeding 5 pages by 9/23/2010 (with a courtesy copy to the Courtroom Deputy, Room 1428). The Joint Status Report should contain the information found on the Courts webpage at http://www.ilnd.uscourts.gov located under District Judges, Judge Sharon Johnson Coleman, Case Management Procedures, Initial Status Conferences, Joint Status Report. All pending status or hearing dates before the previously assigned district judge are vacated. All other dates to stand pending further order.Mailed notice (air, ) |
| Filing 391 EXECUTIVE COMMITTEE ORDER: It appearing that, pursuant to the Executive Committee Order entered on August 23, 2010, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable Sharon Johnson Coleman, therefore IT IS HEREBY ORDERED That the attached list of 264 cases be reassigned to the Honorable Sharon Johnson Coleman. IT IS FURTHER ORDERED that this order shall become effective on Wednesday, September 8, 2010. Mailed notices.(ef, ) |
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Filing 390
ORDER TO PAY FINAL LEGAL FEES FROM REGISTRY ACCOUNT Signed by the Honorable Joan B. Gottschall on 6/1/2010:(gcy, )
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| Filing 389 MINUTE entry before Honorable Joan B. Gottschall: Status hearing held and continued to 9/28/2010 at 9:30 a.m. Status hearing set for 6/22/2010 is stricken. Motion by Mark D. Toljanic, court-appointed receiver for Suburban Capital Corporation for an order providing for final legal fees #386 is denied as moot. Motion by undersigned court appointed receiver, Mark D Toljanic for termination of receivership of Suburban Capital Corporation #387 is granted. Amended motion for an order providing for final legal fees #388 is granted. Enter Order to Pay Final Legal Fees from registry account. [For further detail see separate order(s)]. Mailed notices (gcy, ) |
| Filing 388 MOTION by Receiver Mark D Toljanic to amend/correct Motion for Order (Providing for Final Legal Fees) (Attachments: #1 Notice of Filing, #2 Certificate of Service, #3 Affidavit)(Toljanic, Mark) |
| Filing 387 MOTION by Receiver Mark D ToljanicAn Order be entered terminating the receivership and discharging the Receiver. (Attachments: #1 Notice of Filing, #2 Certificate of Service)(Toljanic, Mark) |
| Filing 386 MOTION by Receiver Mark D Toljanic for order (Attachments: #1 Notice of Filing, #2 Certificate of Service)(Toljanic, Mark) |
| Filing 385 MINUTE entry before Honorable Joan B. Gottschall: Status hearing reset for 6/1/2010 at 09:30 AM.Mailed notice (rj, ) |
| Filing 384 MINUTE entry before Honorable Joan B. Gottschall: Status hearing set for 6/22/2010 at 09:30 AM. Mailed notice (rj, ) |
| Filing 383 MINUTE entry before Honorable Maria Valdez: Status hearing set for 5/11/10 before Judge Valdez is hereby stricken. All matters relating to the referral of this action having been resolved, the case is returned to the assigned judge. Judge Honorable Maria Valdez no longer referred to the case.Mailed notice (yp, ) |
| Filing 382 FINAL JUDGMENT as to defendant Frank J. Custable, Jr. Signed by the Honorable Joan B. Gottschall on 4/14/2010:(gcy, ) |
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Filing 381
ORDER Of Permanent Injunction against David Calkins. Signed by the Honorable Joan B. Gottschall on 4/14/2010:(gcy, )
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| Filing 380 MINUTE entry before Honorable Joan B. Gottschall: Motion hearing held. Plaintiff's motion for entry of final judgment, by consent, against Frank Custable, Jr. #375 is granted. Enter Final Judgment as to Defendant Frank J. Custable, Jr. Plaintiff's motion for entry of order of permanent injunction against David Calkins, by consent #378 is granted. Enter Order of Permanent Injunction against David Calkins. [For further detail see attached order(s). Mailed notices (gcy, ) |
| Filing 379 NOTICE of Motion by Steven Justin Levine for presentment of motion for permanent injunction, #378 before Honorable Joan B. Gottschall on 4/14/2010 at 09:30 AM. (Attachments: #1 Certificate of Service)(Levine, Steven) |
| Filing 378 MOTION by Plaintiff Securities and Exchange Commission for permanent injunction against David Calkins, By Consent (Attachments: #1 Text of Proposed Order Ex. 1 -- Proposed Order, #2 Exhibit Ex. 2 -- Consent of David Calkins to Entry of Proposed Order, #3 Certificate of Service)(Levine, Steven) |
| Filing 377 Amended NOTICE of Motion by Steven Justin Levine for presentment of motion for judgment, #375 before Honorable Joan B. Gottschall on 4/14/2010 at 09:30 AM. (Attachments: #1 Certificate of Service)(Levine, Steven) |
| Filing 376 NOTICE of Motion by Steven Justin Levine for presentment of motion for judgment, #375 before Honorable Joan B. Gottschall on 4/8/2010 at 09:30 AM. (Attachments: #1 Certificate of Service)(Levine, Steven) |
| Filing 375 MOTION by Plaintiff Securities and Exchange Commission for judgment Agasint Frank J. Custable, Jr. (Attachments: #1 Exhibit Ex 1 -- Proposed Final Judgment Against Frank Custable, #2 Exhibit Ex. 2 -- Consent of Frank Custable to Entry of Final Judgment, #3 Certificate of Service)(Levine, Steven) |
| Filing 374 MINUTE entry before Honorable Maria Valdez: Magistrate Judge Status hearing held on 3/11/2010. Gary Heesch appeared by phone as previously ordered. Defendant Gary Heesch informed the court that he wishes to represent himself. Gary Heesch address (1575 Valley View Circle, Springville, UT 84663) shall be included on the docket for notice purposes. Discovery ordered closed by 7/9/2010. Status hearing set for 5/11/2010 at 09:30 a.m. Mailed notices (gcy, ) |
| Filing 373 RETURN of U.S Post Office receipt, certified number 7008 1830 0000 4138 9165. (gcy, ) |
| MAILED Copy of order dated 2/16/2010 to Gary Heesch by certified mail no. 7008 1830 0000 4138 9165. (gcy, ) |
| Filing 372 MINUTE entry before Honorable Maria Valdez: Magistrate Judge Status hearing held on 2/16/2010 and continued to 3/9/10 at 9:30 a.m. Gary Heesch is ordered to appear for the next status. Clerk of the Court is ordered to mail a copy of this order to Gary Heesch last know address; 1575 Valley View Circle, Springville, UT 84663 by certified mail. Mailed notices (gcy, ) |
| Filing 371 AMENDED FINAL JUDGMENT AS TO DEFENDANT SARA WETZEL Signed by the Honorable Joan B. Gottschall on 2/12/2010:(gcy, ) |
| Filing 370 MINUTE entry before Honorable Joan B. Gottschall: Plaintiff's motion for entry of final judgment, by consent, against Sara Wetzel #364 is granted. Enter Amended Final Judgment as to Sara Wetzel. [For further details see separate order(s)]. Mailed notices (gcy, ) |
| Filing 369 FINAL JUDGMENT AS TO DEFENDANT DAVID GILES Signed by the Honorable Joan B. Gottschall on 2/9/2010:(gcy, ) |
| Filing 368 MINUTE entry before Honorable Joan B. Gottschall: Plaintiff's motion for entry of final judgment by consent against David Giles #363 is granted. Enter Final Judgment as to Defendant David Giles. [For further details see separate order(s)]. Mailed notices (gcy, ) |
| Filing 365 NOTICE of Motion by Steven Justin Levine for presentment of motion for judgment #364 , motion for judgment #363 before Honorable Joan B. Gottschall on 2/11/2010 at 09:30 AM. (Attachments: #1 Certificate of Service)(Levine, Steven) |
| Filing 364 MOTION by Plaintiff Securities and Exchange Commission for judgment by consent against Sara Wetzel (Attachments: #1 Exhibit 1 -- {Text of proposed final judgment, #2 Exhibit 2 -- consent of Wetzel to judgment)(Levine, Steven) |
| Filing 363 MOTION by Plaintiff Securities and Exchange Commission for judgment by consent against David Giles (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Levine, Steven) |
| Filing 367 FINAL JUDGMENT AS TO DEFENDANT SARA WETZEL Signed by the Honorable Joan B. Gottschall on 2/3/2010:(gcy, ) |
| Filing 366 MINUTE entry before Honorable Joan B. Gottschall: Enter Final Judgment as to Sara Wetzel. [For further detail see separate order(s)]. Mailed notices (gcy, ) |
| Filing 362 FINAL JUDGMENT AS TO RELIEF DEFENDANT SOTHIS III, LDC Signed by the Honorable Joan B. Gottschall on 1/28/2010:(gcy, ) |
| Filing 361 FINAL JUDGMENT AS TO RELIEF DEFENDANT PINE SERVICES, LTDA. Signed by the Honorable Joan B. Gottschall on 1/28/2010:(gcy, ) |
| Filing 360 FINAL JUDGMENT AS TO RELIEF DEFENDANT ACTIVE INVESTMENTS, INC. Signed by the Honorable Joan B. Gottschall on 1/28/2010:(gcy, ) |
| Filing 359 FINAL JUDGMENT AS TO DEFENDANT WASATCH PHARMACEUTICAL, INC. Signed by the Honorable Joan B. Gottschall on 1/28/2010:(gcy, ) |
| Filing 358 FINAL JUDGMENT AS TO DEFENDANT THERMOELASTIC TECHNOLIGIES, INC., now doing business as "WANNIGAN CAPITAL CORP" Signed by the Honorable Joan B. Gottschall on 1/28/2010:(gcy, ) |
| Filing 357 FINAL JUDGMENT AS TO DEFENDANT BLAGMAN MEDIA INTERNATIONAL INC., now doing business as "MARKETING CONCEPTS INTERNATIONAL, INC." Signed by the Honorable Joan B. Gottschall on 1/28/2010:(gcy, ) |
| Filing 356 FINAL JUDGMENT AS TO DEFENDANT SUBURBAN CAPITAL CORPORATION Signed by the Honorable Joan B. Gottschall on 1/28/2010:(gcy, ) |
| Filing 355 MINUTE entry before Honorable Joan B. Gottschall: Motion hearing held. Plaintiff's motion for leave to file brief in excess of fifteen pages #350 is granted. Plaintiff's application for entry of final judgment, by default, against various defendants #347 is granted. Enter Final Judgment as to Defendant Suburban Capital Corporation. Enter Final Judgment as to Defendant Blagman Media Intl Inc. d/b/a Marketing Concepts Intl, Inc. Enter Final Judgment as to Defendant Thermoelastic Technologies, Inc., d/b/a Wannigan Capital Corp. Enter Final Judgment as to Defendant Wasatch Pharmaceutical, Inc. Enter Final Judgment as to Relief Defendant Active Investments, Inc. Enter Final Judgment as to Defendant Pine Services, LTDA. Enter Final Judgment as to Relief Defendant Sothis III, LDC. [For further detail see separate order(s). Mailed notices (gcy, ) |
| Filing 354 NOTICE by Securities and Exchange Commission re supplement #353 (Attachments: #1 Certificate of Service)(Levine, Steven) |
| Filing 353 SUPPLEMENT to motion for default judgment,,, #347 Concerning Plaintiff's Application for Entry of Default Judgment Against Sara Wetzel (Levine, Steven) |
| Filing 352 MINUTE entry before Honorable Joan B. Gottschall: Plaintiff Securities and Exhange Commission's motion to withdraw Carolann Gemski as counsel #345 is granted. The Commission continues to be represented by its remaining counsel in this matter. No appearance required 1/21/2010. Mailed notices (gcy, ) |
| Filing 351 NOTICE of Motion by Steven Justin Levine for presentment of motion for leave to file excess pages #350 , motion for default judgment,,, #347 before Honorable Joan B. Gottschall on 1/28/2010 at 09:30 AM. (Levine, Steven) |
| Filing 350 MOTION by Plaintiff Securities and Exchange Commission for leave to file excess pages RE Memo filed as Docket No. 348 (Levine, Steven) |
| Filing 349 AFFIDAVIT by Plaintiff Securities and Exchange Commission in Support of MOTION by Plaintiff Securities and Exchange Commission for default judgment as to Various Defendants and Relief Defendants #347 Declaration of SEC Staff Accountant Pesach Glaser (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, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R)(Levine, Steven) |
| Filing 348 MEMORANDUM by Securities and Exchange Commission in support of motion for default judgment,,, #347 (Levine, Steven) |
| Filing 347 MOTION by Plaintiff Securities and Exchange Commission for default judgment as to Various Defendants and Relief Defendants (Attachments: #1 Text of Proposed Order Ex 1 -- Suburban Capital Final Judgment, #2 Text of Proposed Order Ex. 2 -- Sara Wetzel Final Judgment, #3 Text of Proposed Order Ex. 3 -- Blagman Media Final Judgment, #4 Text of Proposed Order Ex. 4 -- ThermoElastic Final Judgment, #5 Text of Proposed Order Ex. 5 -- Wasatch Pharmaceutical Final Judgment, #6 Text of Proposed Order Ex. 6 -- Gary Heesch Final Judgment, #7 Text of Proposed Order Ex. 7 -- Active Investments Final Judgment, #8 Text of Proposed Order Ex. 8 -- Pine Services Final Judgment, #9 Text of Proposed Order Ex. 9 -- Sothis III Final Judgment)(Levine, Steven) |
| Filing 346 NOTICE of Motion by Carolann Gemski for presentment of motion to withdraw as attorney #345 before Honorable Joan B. Gottschall on 1/21/2010 at 09:30 AM. (Gemski, Carolann) |
| Filing 345 MOTION by counsel for Plaintiff Securities and Exchange Commission to withdraw as attorney (Attachments: #1 Certificate of Service, #2 Text of Proposed Order)(Gemski, Carolann) |
| Filing 344 MINUTE entry before Honorable Maria Valdez:Magistrate Judge Status hearing held on 12/16/2009 and continued to 2/16/2010 at 09:30 AM.Mailed notice (yp, ) |
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Filing 343
ORDER Signed by the Honorable Joan B. Gottschall on 12/10/2009:(gcy, )
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Filing 342
ORDER OF PERMANENT INJUNCTION AGAINST FRANCIS SCOTT WIDEN Signed by the Honorable Joan B. Gottschall on 12/10/2009:(gcy, )
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| Filing 341 MINUTE entry before Honorable Joan B. Gottschall: Motion hearing held. Plaintiff's Rule 55(a) application for entry of defaults #336 is granted. Enter Order. It is hereby ordered that default is entered against each of the following defendants and relief defendants, Sara Wetzel, Suburban Capital Corporation, Blagman Media International, Inc., Pine Services, Ltda., Sothis III, LDC and Active Investments, Inc. Consent of Francis Scott Widen to order of permanent injunction [339-1] is granted. Enter Order of Permanent Injunction against Francis Scott Widen. [For Further detail see separate order(s)]. Mailed notices. (gcy, ) (Additional attachment(s) added on 12/16/2009: #1 correct) (gcy, ). |
| Filing 340 NOTICE of Motion by Steven Justin Levine for presentment of motion for permanent injunction, #339 before Honorable Joan B. Gottschall on 12/10/2009 at 09:30 AM. (Attachments: #1 Certificate of Service)(Levine, Steven) |
| Filing 339 MOTION by Plaintiff Securities and Exchange Commission for permanent injunction , by consent, against defendant Francis Scott Widen (Attachments: #1 Exhibit 1. Consent of Francis Scott Widen to Permanent Injunction, #2 Certificate of Service)(Levine, Steven) |
| Filing 338 RE Request for Default, Docket No. 336 NOTICE of Motion by Steven Justin Levine for presentment of before Honorable Joan B. Gottschall on 12/10/2009 at 09:30 AM. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(Levine, Steven) |
| Filing 337 DECLARATION of Steven J. Levine regarding request for default #336 (Attachments: #1 Exhibit A -- Consent of Blagman and Blagman Media, #2 Exhibit B -- Criminal Judgments Against Custable and Wetzel, #3 Exhibit C -- Email from SEC to Ryan West, 2009-07-20, #4 Exhibit D -- Email from SEC to Ryan West, 2009-09-24, #5 Exhibit E -- First Page of Sara Wetzel Bankruptcy Petition, #6 Exhibit F -- Letter from SEC to Wetzel, 2009-08-26, #7 Certificate of Service)(Levine, Steven) |
| Filing 336 REQUEST For Default Against Various Defendants and Relief Defendants (Attachments: #1 Certificate of Service)(Levine, Steven) |
| Filing 334 MINUTE entry before the Honorable Joan B. Gottschall: Enter Consent of Marshall Holdings Inernatioal, Inc (f/k/a "Gateway Distributors, Ltd.") nunc pro tunc 10/8/2009. [For further detail see separate order(S)]. Mailed notices (gcy, ) |
| Filing 335 CONSENT OF MARSHALL HOLDINGS INTERNATIONAL, INC (f/k/a "Gateway Distributors, LTD") Signed by the Honorable Joan B. Gottschall on 10/8/2009:(gcy, ) |
| Filing 333 CONSENT OF DEFENDANT PACEL CORPORATION TO ENTRY OF FINAL JUDGMENT Signed by the Honorable Joan B. Gottschall on 10/8/2009:(gcy, ) |
| Filing 332 CONSENT OF DEFENDANT RICHARD BAILEY Signed by the Honorable Joan B. Gottschall on 10/8/2009:(gcy, ) |
| Filing 331 CONSENT TO FINAL JUDGMENT BY DEFENDANT ROBERT BLAGMAN Signed by the Honorable Joan B. Gottschall on 10/8/2009:(gcy, ) |
| Filing 330 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion for entry, by consent, of final judgment against Defendant Robert Blagman, Pacel Corporation, Richard Bailey, and Marshall Holdings International, Iac. f/k/a Gateway Distributors, Ltd #327 is granted. Enter Consent Final Judgment by Defendant Robert Blagman. Enter Consent of Defendant Richard Bailey. Enter Consent of Defendant Pacel Corporation to Entry of Final Judgment. [For further detail see separate order(s)]. Mailed notices (gcy, ) |
| Filing 328 NOTICE of Motion by Steven Justin Levine for presentment of motion for judgment,, #327 before Honorable Joan B. Gottschall on 10/8/2009 at 09:30 AM. (Attachments: #1 Certificate of Service)(Levine, Steven) |
| Filing 327 MOTION by Plaintiff Securities and Exchange Commission for judgment by consent against Defendants Robert Blagman, Richard Bailey, Pacel Corporation and Marshall Holdings International Ltd. (f/k/a "Gateway Distributors, Ltd.") (Attachments: #1 Exhibit 1. Consent of Robert Blagman to Final Judgment, #2 Exhibit 2. Consent of Richard Bailey to Final Judgment, #3 Exhibit 3. Consent of Pacel Corporation to Final Judgment, #4 Exhibit 4. Consent of Marshall Holdings International, Ltd. to Final Judgment, #5 Certificate of Service)(Levine, Steven) |
| Filing 329 MINUTE entry before the Honorable Maria Valdez: Magistrate Judge Status hearing held on 9/23/2009 and continued to 12/16/2009 at 09:30 a.m.Mailed notice (yp, ) |
| Filing 326 MINUTE entry before the Honorable Maria Valdez: Motion hearing held on 8/13/2009. Swanson Martin & Bell LLP and Joseph P. Kincaid's Motion for leave to withdraw appearance as counsel for Blagman Media International, Inc. #321 is granted. Swanson Martin & Bell LLP and Joseph P. Kincaid is hereby terminated as counsel for Blagman Media International, Inc. Mailed notices (gcy, ) |
| Filing 325 ATTORNEY Appearance for Plaintiff Securities and Exchange Commission by Carolann Gemski (Gemski, Carolann) |
| Filing 324 MINUTE entry before the Honorable Maria Valdez: Magistrate Judge Status hearing held on 8/4/2009. John Dienner's oral motion to renew the motion to withdraw as counsel for Counter Claimant Suburban Capital Corporation, Defendants Frank J. Custable, Jr. Sara Wetzel. Suburban Capital Corporation. Francis Scott Widen is granted. Status hearing set for 9/23/09 to stand. Mailed notices (gcy, ) |
| Filing 322 NOTICE of Motion by Joseph Paul Kincaid for presentment of motion to withdraw as attorney #321 before Honorable Maria Valdez on 8/13/2009 at 09:45 AM. (Kincaid, Joseph) |
| Filing 321 MOTION by counsel for Defendant Blagman Media International, Inc. to withdraw as attorney (Kincaid, Joseph) |
| Filing 323 MINUTE entry before the Honorable Maria Valdez: Magistrate Judge Status and motion hearing held on 7/21/09. Counsel for defendants, John Dienner having failed to appear. Therefore, motion by John Dienner to withdraw as attorney for Counter Claimant Suburban Capital Corporation, Defendants Frank J Custable, Jr, Sara Wetzel, Suburban Capital Corporation, Francis Scott Widen #319 is denied. Status hearing for John Dienner and said defendants set for 8/4/09 at 9:30 a.m. This matter is set for status for all other matters on 9/23/09 at 9:30 a.m. Mailed notice (yp, ) |
| Filing 320 NOTICE of Motion by John A. Dienner, III for presentment of motion to withdraw as attorney #319 before Honorable Maria Valdez on 7/21/2009 at 09:30 AM. (Dienner, John) |
| Filing 319 MOTION by counsel for Counter Claimant Suburban Capital Corporation, Defendants Frank J Custable, Jr, Sara Wetzel, Suburban Capital Corporation, Francis Scott Widen to withdraw as attorney (Dienner, John) |
| Filing 318 MINUTE entry before the Honorable Maria Valdez: Magistrate Judge Status hearing held on 6/11/2009. Counsel for defendants failed to appear. Base on the representation of plaintiff, the stay will be lifted. Status hearing set for 7/21/2009 at 09:30 a.m. to set discovery schedule. Parties are directed to meet and confer prior to next status. All counsel of record are ordered to appear for next status. Mailed notice (yp, ) |
| Filing 317 MINUTE entry before the Honorable Maria Valdez:Magistrate Judge Status hearing held on 5/26/2009. Counsel failed to appear. Status hearing continued to 6/11/2009 at 09:30 a.m.Mailed notice (yp, ) |
| Filing 316 MINUTE entry before the Honorable Maria Valdez:At the telephonic request of counsel, status hearing set for 4/15/09 is hereby stricken. Status hearing reset for 5/26/2009 at 09:30 a.m.Mailed notice (yp, ) |
| Filing 315 MINUTE entry before the Honorable Maria Valdez:Magistrate Judge Status hearing held on 3/11/2009 and continued to 4/15/2009 at 09:30 a.m. Mailed notice (yp, ) |
| Filing 314 MINUTE entry before the Honorable Maria Valdez:Magistrate Judge Status hearing held on 1/15/2009 and continued to 3/11/2009 at 09:30 a.m. Mailed notice (yp, ) |
| Filing 313 MINUTE entry before the Honorable Maria Valdez:Magistrate Judge Status hearing held on 9/17/2008 and continued to 1/15/2009 at 09:30 a.m.Mailed notice (yp, ) |
| Filing 312 MINUTE entry before the Honorable Maria Valdez:Magistrate Judge Status hearing held on 8/20/2008 and continued to 9/17/2008 at 09:30 AM.Mailed notice (yp, ) |
| Filing 311 MINUTE entry before the Honorable Maria Valdez:On Court's own motion, status hearing set for 8/20/2008 at 09:30 AM.Mailed notice (yp, ) |
| Filing 310 MINUTE entry before Judge Maria Valdez :Magistrate Judge Status hearing held on 1/29/2008. Mailed notice (yp, ) |
| Filing 309 MINUTE entry before Judge Maria Valdez :Magistrate Judge Status hearing held on 10/30/2007 and continued to 1/29/2008 at 09:30 a.m. Mailed notice (yp, ) |
| Filing 308 MINUTE entry before Judge Maria Valdez :Magistrate Judge Status hearing held on 9/6/2007 and continued to 10/30/2007 at 09:30 AM.Mailed notice (yp, ) |
| Filing 307 ATTORNEY Appearance for Defendant Pacel Corp by Erin E Krejci (Krejci, Erin) |
| Filing 306 NOTICE by John A. Dienner, III of Change of Address (Dienner, John) |
| Filing 305 MINUTE entry before Judge Maria Valdez :Magistrate Judge Status hearing held on 1/18/2007 and continued to 9/6/2007 at 09:30 AM.Mailed notice (yp, ) |
| Filing 304 MINUTE entry before Judge Maria Valdez : On Court's own motion, status hearing is reset for 1/18/2007 at 09:30 AM. Status hearing set for 12/14/06 is stricken. Mailed notice (yp, ) |
| Filing 303 ATTORNEY Appearance for Defendant Pacel Corp by Julian Solotorovsky (Solotorovsky, Julian) |
| Filing 302 ATTORNEY Appearance for Defendant Pacel Corp by Matthew Charles Luzadder (Luzadder, Matthew) |
| Filing 301 MINUTE entry before Judge Joan B. Gottschall : Motion by Defendant Pacel Corp to substitute attorney #299 is granted. The appearance of Kirkland & Ellis LLP to withdrawn and substituted with the appearance of Kelley Drye and Warren LLP, 333 West Wacker Dr., Suite 2600, Chicago, Illinois 60606. Mailed notices (gcy, ) |
| Filing 300 NOTICE of Motion by Katheleen A Ehrhart for presentment of motion to substitute attorney #299 before Honorable Joan B. Gottschall on 10/5/2006 at 09:30 AM. (Ehrhart, Katheleen) |
| Filing 299 MOTION by Defendant Pacel Corp to substitute attorney (Ehrhart, Katheleen) |
| Filing 298 MINUTE entry before Judge Joan B. Gottschall : MOTION by attorney C. Michael Kendall for leave to withdraw appearance on behalf of Frank J. Custable, Jr., Suburban Capital Corporation, Active Investments, Inc., Sara Wetzel and Francis Scott Widen pursuant to LR83.17. (296) is granted. Attorney Curtis Michael Kendall terminated. Mailed notice (mjc, ) |
| Filing 297 NOTICE of Motion by Curtis Michael Kendall for presentment of motion for leave to withdraw appearance pursuant to LR83.17 #296 before Honorable Joan B. Gottschall on 8/31/2006 at 09:30 AM. (mjc, ) |
| Filing 296 MOTION by attorney C. Michael Kendall for leave to withdraw appearance pursuant to LR83.17. (mjc, ) |
| Filing 295 MINUTE entry before Judge Maria Valdez : Magistrate Judge Status hearing held on 6/14/2006 and continued to 12/14/2006 at 09:30 AM. Mailed notice (yp, ) |
| Filing 294 MINUTE entry before Judge Maria Valdez : Magistrate Judge Status hearing held on 1/10/2006 and continued to 6/14/2006 at 09:30 AM. Mailed notice (yp, ) |
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Filing 293
ORDER Signed by Judge Joan B. Gottschall on 12/1/2005.(mjc, )
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| Filing 292 MINUTE entry before Judge Joan B. Gottschall : Motion by plaintiff Securities and Exchange Commission to withdraw as attorney Jerome Tomas #291 is granted. Enter order. The appearance of Jerome P. Tomas is hereby withdrawn. Attorney Jerome Peter Tomas terminated. Mailed notice (mjc, ) |
| Filing 291 MOTION by Plaintiff Securities and Exchange Commission to withdraw as attorney Jerome Tomas (Attachments: #1 Text of Proposed Order #2 Notice of Filing #3 Certificate of Service)(Levine, Steven) |
| Filing 290 MINUTE entry before Judge Maria Valdez : Magistrate Judge Status hearing held on 10/20/2005 and continued to 1/10/2006 at 09:30 a.m. Mailed notice (yp, ) |
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Filing 288
ORDER To Pay Interim Legal Fees From Registry Account Signed by Judge Joan B. Gottschall on 9/30/2005.(mjc, )
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| Filing 287 MINUTE entry before Judge Joan B. Gottschall : Motion by Mark D. Toljanic, the court appointed receiver for an order providing for interim legal fees #285 is granted. Enter order to pay interim legal fees from registry account. Mailed notice (mjc, ) |
| Filing 285 MOTION by Receiver Mark D Toljanic for an order providing for interim legal fees; Notice. (cdy, ) |
| Filing 286 AFFIDAVIT of Cathleen M. Keating regarding motion for order providing for interim legal fees #285 (cdy, ) |
| Filing 284 MINUTE entry before Judge Maria Valdez : Magistrate Judge Status hearing held on 9/22/2005 and continued to 10/20/2005 at 09:30 AM. Mailed notice (yp, ) |
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Filing 283
ORDER TO PAY INTERIM LEGAL FEES FROM REGISTRY ACCOUNT. Signed by Judge Joan B. Gottschall on 7/18/2005.(cdy, )
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| Filing 282 MINUTE entry before Judge Joan B. Gottschall : Enter order to pay interim legal fees from registry account. Motion by Mark D. Toljanic for an order providing for interim legal fees from 04/01/05 through 05/31/05 #280 is granted. Mailed notice (cdy, ) |
| Filing 281 AFFIDAVIT of NORMAN V. CHIMENTI by Mark D Toljanic regarding motion for an order providing for interim legal fees #280 . (cdy, ) |
| Filing 280 MOTION by Receiver Mark D Toljanic for an order propviding for interim legal fees; Notice. (cdy, ) |
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Filing 279
AGREED ORDER Signed by Judge Joan B. Gottschall on 6/30/2005:Mailed notice(eav, )
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| Filing 278 MINUTE entry before Judge Joan B. Gottschall : Defendant's agreed motion for a limited modification of the Asset Freeze. Enter Agreed Order. Mailed notice (eav, ) |
| Filing 277 NOTICE of Motion by Curtis Michael Kendall for presentment of AGREED MOTION by Defendants Active Investments, Inc., Frank J Custable, Jr for a limited modification of the asset freeze #276 before Honorable Joan B. Gottschall on 6/30/2005 at 09:30 AM. (gma, ) |
| Filing 276 AGREED MOTION by Defendants Active Investments, Inc., Frank J Custable, Jr for a limited modification of the asset freeze (gma, ) |
| Filing 274 MINUTE entry before Judge Maria Valdez : Initial status hearing is set before Magistrate Judge Maria Valdez on 6/23/05 at 9:30 a.m., in Courtroom 1300. Parties shall deliver a copy of an initial status report, to chambers, Room 1318, four business days before the initial status hearing. The parties must follow the format for an Initial Status Report found on the Judge's website available at www.ilnd.uscourts.gov, or the parties can contact courtroom deputy, Yolanda Pagan, at 312/408-5135 for a copy. If the parties have recently prepared and filed an initial status report, the submission of the previously filed initial status report is sufficient. Judicial staff mailed notice. (yp, ) |
| EXECUTIVE COMMITTEE ORDER:Case referred to Magistrate Judge Maria Valdez. Signed by Executive Committee on 6/1/05. Mailed notice(cem) |
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Filing 273
ORDER TO PAY INTERIM LEGAL FEES FROM REGISTRY ACCOUNT. Signed by Judge Joan B. Gottschall on 5/21/2005.(cdy, )
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| Filing 272 MINUTE entry before Judge Joan B. Gottschall : Motion by Mark D. Joljanic the court-appointed receiver for Suburban Capital Corporation for an order providing for interim legal fees #270 is granted. Enter Order to Pay Interim Legal Fees from Registry Account. Mailed notices. (cdy, ) |
| Filing 271 AFFIDAVIT of Cathleen M. Keating in support of motion for an order providing for interim legal fees. (cdy, ) |
| Filing 270 MOTION by Receiver Mark D Toljanic for an order providing for interim legal fees; Notice. (cdy, ) |
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Filing 269
ORDER TO PAY INTERIM LEGAL FEES FROM REGISTRY ACCOUNT. Signed by Judge Joan B. Gottschall on 5/2/2005.(cdy, )
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| Filing 268 MINUTE entry before Judge Joan B. Gottschall : Enter order to pay interim legal fees to Mark D. Toljanic, court-appointed receiver for Suburban Capital Corporation from registry account. Mailed notice. (cdy, ) |
| Filing 267 MINUTE entry before Judge Michael T. Mason : Status hearing set for 5/3/05 at 9:00 a.m. is stricken. Telephoned notice. Modified on 6/22/2006 (smm, ). |
| Filing 266 MINUTE entry before Judge Joan B. Gottschall : Motion hearing held. Motion by United States of America to intervene and for a temporary stay of discovery #261 is granted subject to the following: the stay does not apply, and discovery in this case may proceed with respect to, document discovery from non-party banks, brokerage firms, transfer agents and other like financial institutions. Mailed notice. (cdy, ) |
| Filing 262 NOTICE of Motion by United States Of America for presentment of its motion to intervene and for a temporary stay of discovery #261 before Honorable Joan B. Gottschall on 4/21/2005 at 09:30 AM. (las, ) |
| Filing 261 MOTION by United States of America to intervene and for a temporary stay of discovery (las, ) |
| Filing 265 ATTORNEY appearance for defendant Brad Nordling by Theodore Thomas Poulos. (cdy, ) |
| Filing 264 ANSWER to complaint by Brad Nordling; Notice.(cdy, ) |
| Filing 263 ANSWER toplaintiff's second amended complaint for injunctive and other equitable relief and affirmative defenses by Active Investments, Inc.; Notice.(cdy, ) Modified on 4/18/2005 (cdy, ). |
| Filing 260 MINUTE entry before Judge Joan B. Gottschall : Motion for order #243 #256 is granted. Motion #246 is granted in part and denied in part. Plaintiff's motion for entry of defaults against Thermoelastic Technologies, Inc., Wasatch Pharmaceutical, Inc., Gary Heesch and David Giles for failure to answer or otherwise plead to the SEC's First and Second Amended Complaints is granted. Default is entered against Thermoelastic Technologies, Inc., Wasatch Pharmaceutical, Inc., Gary Heesch and David Giles. Plaintiff's motion for entry of defaults against Bradley Nordling and Active Investments, Inc. is denied. Counsel for defendants Bradley Nordling and Active Investments are given leave to file appearance and answer instanter. Mailed notice (rj, ) |
| Filing 259 MINUTE entry before Judge Michael T. Mason: Status hearing held on 4/12/2005. The parties are directed to contact the Courtroom Deputy with the status of the criminal case. Status hearing tentatively set for 5/3/2005 at 9:00 A.M. Mailed notice by judge's staff. (srb,) |
| Filing 258 AFFIDAVIT of Cathleen M. Keating in support MOTION by Receiver Mark D Toljanic for an order providing for interim legal fees #256 (gma, ) |
| Filing 257 NOTICE of Motion by Mark D. Toljanic for presentment of MOTION by Receiver Mark D Toljanic for an order providing for interim legal fees #256 before Honorable Joan B. Gottschall on 4/14/2005 at 09:30 AM. (gma, ) |
| Filing 256 MOTION by Receiver Mark D Toljanic for an order providing for interim legal fees (gma, ) |
| Filing 255 EXHIBIT "A" by plaintiff Securities and Exchange Commission to motion for entry of defaults against Thermoelastic Technologies, Inc., Wasatch Pharmaceutical, Inc., Gary Heesch, David Giles, Bradley Nordling and Active Investments, Inc.; Notice. (cdy, ) . Modified on 10/19/2006 (las, ). (Attachment 1 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 254 APPLICATION by Securities and Exchange Commission, to the Clerk of the Court for entry of a default against defendant David Giles; Notice.(cdy, ) |
| Filing 253 DECLARATION of Jerome P. Tomas by Securities and Exchange Commission in support of plaintiff's application to the Clerk of the Court for entry of a default against David Giles; Notice.(cdy, ) |
| Filing 252 APPLICATION by Securities and Exchange Commission, to the Clerk of the Court for entry of a default against defendant Bradley Nordling; Notice.(cdy, ) |
| Filing 251 DECLARATION of Jerome P. Tomas by Securities and Exchange Commission in support of plaintiff's application to the Clerk of the Court for entry of a default against Bradley Nordling; Notice.(cdy, ) |
| Filing 250 APPLICATION by Securities and Exchange Commission, to the Clerk of the Court for entry of a default against defendant Thermoelastic Technologies, Inc.. (cdy, ) |
| Filing 249 DECLARATION of Jerome P. Tomas by Securities and Exchange Commission, in support of plaintiff's application to the clerk of the court for entry of a default against Thermoelastic Technologies, Inc.; Notice.(cdy, ) |
| Filing 247 NOTICE of Motion by Jerome Peter Tomas for presentment of motion for entry of defaults against Thermoelastic Technologies, Inc., Wastach Pharmaceutical, Inc., Gary Heesch, David Gilies, Bradley Nordling and Active Investments, Inc. #246 before Honorable Joan B. Gottschall on 4/14/2005 at 09:30 AM. (rbf, ) |
| Filing 246 MOTION by Plaintiff Securities and Exchange Commission for entry of defaults against Thermoelastic Technologies, Inc., Wasatch Pharmaceutical, Inc., Gary Heesch, David Giles, Bradley Nordling and Active Investments, Inc. (rbf, ) |
| Filing 245 AFFIDAVIT of Cathleen M. Keating in support of MOTION by Mark D. Tolanic for an order providing for interim legal fees #243 (gma, ) |
| Filing 244 NOTICE of Motion by Mark D Toljanic for presentment of MOTION by Mark D. Tolanic for an order providing for interim legal fees #243 before Honorable Joan B. Gottschall on 4/7/2005 at 09:30 AM. (gma, ) |
| Filing 243 MOTION by Mark D. Tolanic for an order providing for interim legal fees (gma, ) |
| Filing 248 AFFIDAVIT of Service filed by Defendant Brad Nordling regarding summons and complaint served on Brad Nordling on 12/01/04; Notice. (cdy, ) |
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Filing 242
ORDER. Signed by Judge Joan B. Gottschall on 3/24/2005. (cdy, )
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| Filing 241 MINUTE entry before Judge Joan B. Gottschall : Receiver's motion to approve liquidation of Suburban Capital Corporation #152 is granted. Defendant Custable's motion to modify order appointing a receiver over Suburban Capital Corporation #144 is denied. Mailed notice. (cdy, ) |
| Filing 240 ANSWER to amended complaint for injunctive and other equitable relief by David Calkins, Pacel Corp.(cdy, ) |
| Filing 239 MINUTE entry before Judge Michael T. Mason : Motion hearing held on 3/10/05. Plaintiff's motion to compel attendance at depositions #237 is granted. Mr. Luce's deposition is to be held on 5/5/05 in Chicago. Mr. Landsem's deposition is to be held on 4/18/05 in Bend, Oregon. Mr. Giles deposition is to be held on 5/2/05 in Salt Lake City, Utah. Plaintiff's motion to compel against defendants Pacel Corp. and David Calkins #235 is withdrawn by agreement of the parties. Defendants Pacel Corp. and David Calkins are to answer or otherwise plead to plaintiff's second amended complaint by 3/18/05. Judicial staff mailed notice (kef, ) |
| Filing 238 NOTICE of Motion by Steven Justin Levine for presentment of MOTION by Plaintiff Securities and Exchange Commission to compel attendance at depositions #237 before Honorable Michael T. Mason on 3/10/2005 at 09:00 AM. (gma, ) |
| Filing 237 MOTION by Plaintiff Securities and Exchange Commission to compel attendance at depositions (gma, ) |
| Filing 236 NOTICE of Motion by Steven Justin Levine for presentment of FIRST MOTION by Plaintiff Securities and Exchange Commission to compel against defendants Pacel Corporation and David Calkins #235 before Honorable Michael T. Mason on 3/10/2005 at 09:00 AM. (gma, ) |
| Filing 235 FIRST MOTION by Plaintiff Securities and Exchange Commission to compel against defendants Pacel Corporation and David Calkins (gma, ) (Main Document 235 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 234 ATTORNEY appearance for defendant Suburban Capital Corporation by Mark D. Toljanic (cdy, ) |
| Filing 233 MINUTE entry before Judge Michael T. Mason : Plaintiff's first motion to compel against defendant Suburban Capital Corp. #224 is granted. On 2/8/05, this Court ordered Suburban Capital to file a response by 2/22/05. Suburban Capital failed to do so. Consequently, plaintiff's motion to compel is granted. Suburban Capital is to produce all responsive documents by 3/10/05. Plaintiff's request for fees is denied. All parties are reminded that pursuant to Local Rule 7.1, a brief in support of or in opposition to any motion shall not exceed 15 pages without prior approval of the Court. Judicial staff mailed notice (kef, ) |
| Filing 232 STATEMENT by Mark D. Tolijanic of receiver regarding ownership of litigation of Suburban Capital Corporation; Notice. (mjc, ) |
| Filing 231 MINUTE entry before Judge Joan B. Gottschall : The SEC's 11/18/03 application for costs and attorneys' fees [77-1] is granted. Docketing to mail notices. (cdy, ) |
| Filing 230 MINUTE entry before Judge Joan B. Gottschall : In light of plaintiff's filing a second amended complaint, defendants Custable, Wetzel, Suburban Capital and Widen's motion for summary judgment with respect to Count IV #162 and defendant Frank Custable's motion for summary judgment with respect to Count V #164 are denied without prejudce. Docketing to mail notices. (cdy, ) |
| Filing 229 MINUTE entry before Judge Joan B. Gottschall : Before the court can issue its order with respect to the receiver's motion for liquidation, the court needs clarification regarding the ownership of Suburban Capital's interest in litigation against various entities. Within seven days of this order, the receiver is ordered to inform the court whether or not Frank Custable now owns Suburban Capital's interest in those lawsuits. Docketing to mail notice. (cdy, ) |
| Filing 228 MINUTE entry before Judge Michael T. Mason : Status hearing held on 2/8/2005 and continued to 4/12/05 at 9:00 a.m. Fact discovery cutoff is extended to 6/21/05. Defendant Suburban Capital's response to plaintiff's motion to compel to be filed by 2/22/05, with a courtesy copy to chambers, room 2206. No appearance is required on the noticed motion date of 2/9/05. Notices mailed by judge's staff (kef, ) |
| Filing 227 MEMORANDUM of law by Securities and Exchange Commission in support of its first motion to compel against defendant Suburban Capital Corporation (Attachments). (cdy, ) (Main Document 227 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 225 NOTICE of Motion by Jerome Peter Tomas for presentment of FIRST MOTION by Plaintiff Securities and Exchange Commission to compel against defendant Suburban Capital Corporation #224 before Honorable Michael T. Mason on 2/9/2005 at 09:00 AM. (gma, ) |
| Filing 224 FIRST MOTION by Plaintiff Securities and Exchange Commission to compel against defendant Suburban Capital Corporation (gma, ) |
| Filing 226 MINUTE entry before Judge Joan B. Gottschall : Defendants' Richard Bailey and Gateway Distributors, Ltd.'s motion seeking enforcement of the 11/04/04 agreed order #221 is denied. Motion hearing held. In court notice. (cdy, ) |
| Filing 223 MINUTE entry before Judge Joan B. Gottschall : Plaintiff's motion to strike portion of order entered on 09/15/04 #184 is granted in part and denied in part. The court's ruling on the liquidation motion and motion to modify order appointing receiver will be issued shortly. Docketing to mail notice. (cdy, ) |
| Filing 222 NOTICE of Motion by Ted S. Helwig for presentment of Defendants Gateway Distributors, Ltd.,and Richard Bailey seeking enforcement of the 11/4/04 agreed order #221 before Honorable Joan B. Gottschall on 2/3/2005 at 09:30 AM. (las, ) |
| Filing 221 MOTION by Defendants Gateway Distributors, Ltd.,and Richard Bailey seeking enforcement of 11/4/04 agreed order (las, ); Exhibit Modified on 10/26/2005 (ym, ). |
| Filing 289 STATUS REPORT by Plantiff SEC's on outstanding motions and issues before the court.( Exhibits) (vcf, ) |
| Filing 220 ANSWER by Suburban Capital Corporation to plaintiff second amended complaint for injunctive and other equitable relief and affirmative defenses; Notice.(mjc, ) |
| Filing 219 MINUTE entry before Judge Joan B. Gottschall : Motion to strike #211 is denied as moot. Motion for order #216 is granted. Motion hearing held on 1/27/2005 regarding motion for order #216 , motion to strike, motion for relief #211 . In court notice. (rj, ) |
| Filing 218 AFFIDAVIT of Cathleen M. Keating in support of motion for an order providing for interim legal fees #216 . (cdy, ) |
| Filing 217 NOTICE of motion by Suburban Capital Corporation for presentment of motion by Mark D. Toljanic, court appointed receiver for defendant Suburban Capital Corporation for order providing for interim legal fees #216 before Honorable Joan B. Gottschall on 1/27/2005 at 09:30 a.m. (cdy, ) |
| Filing 216 MOTION by Mark D. Toljanic court appointed receiver for defendant Suburban Capital Corporation for order providing for interim legal fees. (cdy, ) |
| Filing 215 MINUTE entry before Judge Michael T. Mason : Motion hearing held. Defendants' emergency motion to reschedule deposition #213 is denied. Mr. Barbers deposition is to proceed on 01/20/05 or defendants must pay the SEC's airfare and hotel expenses for traveling back to Salk Lake City for the rescheduled deposition. Mailed notice. (cdy, ) |
| Filing 214 NOTICE of motion by Curtis Michael Kendall for presentment of emergency motion by defendants Active Investments, Inc., Frank J Custable, Jr, Sara Wetzel, Suburban Capital Corporation, Francis Scott Widen to reschedule deposition #213 before Honorable Joan B. Gottschall on 1/19/2005 at 09:00 a.m. (cdy, ) |
| Filing 213 MOTION by defendants Active Investments, Inc., Frank J Custable, Jr, Sara Wetzel, Suburban Capital Corporation, Francis Scott Widen to reschedule deposition. (cdy, ) |
| Filing 212 NOTICE of Motion by Jerome Peter Tomas for presentment of motion by plaintiff Securities and Exchange Commission, to strike Suburban Capital's answer to SEC's second amended complaint #211 before Honorable Joan B. Gottschall on 1/27/2005 at 9:30 a.m. (cdy, ) |
| Filing 211 MOTION by plaintiff Securities and Exchange Commission to strike Suburban Capital's answer to SEC's second amended complaint #199 . (cdy, ) |
| Filing 210 MINUTE ORDER of 1/12/05 by Honorable Michael T. Mason: Motion hearing held. The SEC's motion to compel against defendants Wasatch and Giles [206-1], is granted in part and denied in part. Giles and Wasatch are to provide answers to the SEC's interrogatories and production requests and produce responsive documents by 01/26/05. Wasatch is to designate a Rule 30(b)(6) witness by 01/26/05. The SEC's request for fees is denied. The SEC's motion to against defendant Gary Heesch [207-1], is granted. Mr. Heesch is ordered to appear on 01/19/05 for his deposition in Salt Lake City at the time and place desginated in the SEC's deposition notice. If Mr. Heesch does not appear for his deposition, he may be subject to a contempt citation and/or entry of default against him. The parties are reminded that all motions must be filed in the clerk's office no later than three business days before the day the motion is to be heard and a courtesy copy of the motion must be delievered to the courtroom deputy (Room 2220) by 2 p.m. on the day that the motion is filed in the clerk's office. Mailed notice (cdy) (Main Document 210 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 209 ATTORNEY APPEARANCE for defendant Blagman and Blagman Media International by Joseph Paul Kincaid (cdy) (Main Document 209 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 208 ANSWER by defendants Bailey and Gateway Distributors, Ltd. to second amended complaint for injunctive and other equitable relief [192-1]; Notice (cdy) (Main Document 208 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 207 MOTION by plaintiff to compel against defendant Gary Heesch (Attachments); Notice. (emd) (Main Document 207 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 206 MOTION by plaintiff to compel against defendants Wasatch and Giles (Attachments); Notice. (emd) (Main Document 206 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 203 APPLICATION by plaintiff to the Clerk of Court for entry of default against defendant Wasatch Pharmaceutical, Inc. (Attachments); Notice (cdy) (Main Document 203 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 202 APPLICATION by plaintiff to the Clerk of Court for entry of a default against defendant Gary Heesch (Attachments); Notice (cdy) (Main Document 202 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 205 MINUTE ORDER of 1/6/05 by Hon. Joan B. Gottschall: Motion by Mark D. Toljanic the court-appointed receiver for Suburban Capital Corporation for an order providing for interim legal fees to Martin, Craig, Chester & Sonnenschein in the amount of $1,840.25 and reimbursement of expenses in the amount of $194.84, both amounts covering the period from August 1, 2004 through and including September 30, 2004 [204-1], is granted. Mailed notice (cdy) (Main Document 205 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 201 MINUTE ORDER of 1/6/05 by Honorable Michael T. Mason: Status hearing held and continued to 02/08/05 at 9:00 a.m. Motion hearing held. Movant Mark Schoppe's motion to continue deposition [200-1], is granted to and including 02/07/05. Oral motion by Andy Wiseberg from Swanson, Martin & Bell to file appearance on behalf of defendants Robert Blagman and Blagman Media Intl. is granted. Mailed notice (cdy) (Main Document 201 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 200 MOTION by movant Mark Schoppe to continue deposition ; Notice (cdy) (Main Document 200 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 199 ANSWER by defendant Suburban Capital Corporation to plaintiff's second amended complaint for injunctive and other equitable relief and affirmative defenses [192-1]; Notice (cdy) (Main Document 199 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 198 ANSWER by defendants Scott Widen's to plaintiff's second amended complaint for injunctive and other equitable relief [192-1]; Notice (cdy) (Main Document 198 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 197 ANSWER by defendant Sara Wetzel's to plaintiff's second amended complaint for injunctive and other equiable relief [192-1]; Notice (cdy) (Main Document 197 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 196 ANSWER by defendant Frank J. Custable, Jr. to plaintiff's second amended complaint for injunctive and other equitable relief; Notice (cdy) (Main Document 196 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 204 MOTION by receiver Mark D. Toljanic for an order providing for interim legal fees ; Affidavit of Cathleen M. Keating; Notice (cdy) (Main Document 204 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 195 MINUTE ORDER of 12/2/04 by Hon. Joan B. Gottschall: Movant, John A. Dienner motion to quash subpoena [194-1], is denied as moot. (Entered Agreed Order.) No notices (cdy) (Main Document 195 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 477 SUMMONS issued, three originals and three copies, as to defendants Robert Blagman, Blagman Media International, Brad Nordling on 11/30/04 (cdy) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 193 REPLY MEMORANDUM by plaintiff in support of its motion to strike portion of order entered 09/15/04 (Attachments); Notice (cdy) Modified on 11/29/2004 (Main Document 193 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 194 MOTION by John A. Dienner to quash subpoena (Attachments) ; Notice (cdy) (Main Document 194 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 192 SECOND AMENDED COMPLAINT for injunctive and other equitable relief by plaintiff; adding Robert Blagman, Blagman Media Intl, Brad Nordling (Attachments); Notice (cdy) (Main Document 192 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 191 MINUTE ORDER of 11/18/04 by Hon. Joan B. Gottschall: Plaintiff's motion for leave to file second amended complaint [189-1], is granted. Defendants to answer or otherwise plead on or before 12/20/04 is granted. Mailed notice (cdy) (Main Document 191 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 190 RE-NOTICE OF MOTION by plaintiff regarding motion for leave to file second amended complaint [189-1] (cdy) (Main Document 190 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 189 MOTION by plaintiff for leave to file second amended complaint (Attachments); Notice (cdy) (Main Document 189 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 188 RESPONSE by defendant Frank J. Custable, Jr. to plaintiff's motion to strike portion of order entered 09/15/04 (Attachments); Notice (cdy) (Main Document 188 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 187 MINUTE ORDER of 11/4/04 by Hon. Joan B. Gottschall: Answer brief to plaintiff's motion to strike portion of order entered 09/15/04 due 11/12/04 [184-1]. Reply to answer brief due 11/19/04. Ruling on plaintiff's motion to strike portion of order entered 09/15/04 will be by mail. Defendants' Richard Bailey and Gateway Distributors, Ltd. motion for clarification or entered 09/15/04 [183-1], is denied as moot. Court appointed receiver's request [185-1] for ruling on Receiver's motion for approval of liquidation and dissolution of Suburban Capital Corporation is taken under advisement. Status hearing set for 11/10/04 is stricken. Emergency motion by defendant Custable, Jr. to extend time to comply [186-1], is granted. (Entered Agreed Order.) Mailed notice (cdy) (Main Document 187 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 186 EMERGENCY MOTION by defendant to extend time to comply (cdy) (Main Document 186 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 183 MOTION by defendants Richard Bailey and Gateway Distributors, Ltd. for clarification or order entered 09/15/04 (Attachments); Notice (cdy) (Main Document 183 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 185 REQUEST by Court appointed receiver for ruling on receiver's motion for approval of liquidation and dissolution of Suburban Capital Corporation (Attachments); Notices (cdy) (Main Document 185 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 184 MOTION by plaintiff to strike portion of order entered 09/15/04 (Attachments); Notice (cdy) (Main Document 184 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
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Filing 182
MINUTE ORDER of 10/14/04 by Honorable Michael T. Mason : Status hearing held and continued to 1/6/05 at 9:00 a.m. Motion hearing held. Plaintiff's motion to modify scheduling order is granted. [181-1] All dates set from the 4/15/04 scheduling order are stricken. Joinder of additional parties and amendment or supplementation of pleadings shall be completed by 11/15/04. Fact discovery cutoff is extended to 3/23/05. Experts, if any, shall be identified and the general area(s) concerning which they will testify shall be disclosed prior to the close of fact discovery. Expert reports shall be exchanged by 4/18/05. Expert depositions shall be completed by 5/18/05. Rebuttal expert reports shall be exchanged by 6/8/05. Depositions of rebuttal experts shall be completed by 6/29/05. Dispositive motion and final pretrial order deadlines shall be set by the District Court Judge. (For further details see reverse of order.) Mailed notice by Judge's staff (eav) (Main Document 182 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ).
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| Filing 180 MINUTE ORDER of 10/13/04 by Hon. Joan B. Gottschall: Answer brief to motion by Mark D. Toljanic (the court appointed receiver for Suburban Capital Corporation) for an order providing for interim legal fees due 10/21/04. Reply to answer brief due 10/28/04. Ruling will be by maile. Mailed notice (cdy) (Main Document 180 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 179 MOTION by defendant for an order providing for interim legal fees ; Affidavit of Cathleen M. Keating in support; Notice (cdy) (Main Document 179 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 181 MOTION by plaintiff to modify scheduling order (Attachments); Notice of motion (eav) (Main Document 181 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 178 MINUTE ORDER of 9/30/04 by Hon. Joan B. Gottschall: Plaintiff's motion for additional contempt findings and other other relief [101-1] and [101-2] is granted in part and denied in part. The court finds defendant Custable in contempt of court and orders Custable to pay $70,876.16 into the registry of the court within 30 days of the entry of this order. Charter One's motion for leave to intervene [88-1], is granted in part and denied in part. Charter One may intervene in this case for the limited purpose of depositing the funds from account #822-221820-3 into the registry of the court. Plaintiff's motion for turnover order [133-1] is denied as moot. Status set for 11/10/04 at 9:30 a.m. to discuss whether modifications of the Preliminary Injunction are appropriate. (Entered Order.) Mailed notice (cdy) (Main Document 178 replaced on 5/8/2018) (sxb, ). |
| Filing 177 MINUTE ORDER of 9/28/04 by Hon. Joan B. Gottschall: Defendants' 12/03/03 motion to dismiss [103-1], is denied. This motion was re-noticed on 02/03/04 as defendants' motion to strike plaintiff's complaint pursuant to Fed.R.Civ.P. 9(b) [129-1]. However, movants failed to appear to present their motion and the court denied their motion without prejudice. Mailed notice (cdy) (Main Document 177 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 176 LETTER from defendant Frank J. Custable's attorney to SEC dated 09/14/04 (cdy) (Main Document 176 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| SCHEDULE set on 9/15/04 by Hon. Joan B. Gottschall : Status hearing held. The court approves Frank Custable's proposal regarding assignment of the litigation with additional terms stated of record. In court notice (rj) |
| Filing 175 MINUTE ORDER of 8/19/04 by Hon. Joan B. Gottschall: Status hearing held and continued to 09/15/04 at 9:30 a.m. Motion by Mark D. Toljanic for an order providing interim legal fees [174-1], is granted. It is hereby ordered that interim fees in the amount of $3,688.00 and reimbursement of expenses in the amount of $728.25 both amounts covering the period from 04/01/04 through and including 05/31/04 and both amounts shall be paid in cash at such time when available in the Receivership estate and as additional funds are recovered by the Receiver or through the purge of civil contempts by the defendant or other defendants in the case. Mailed notice (cdy) (Main Document 175 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 174 MOTION by defendant Suburban Capital Corporation for an order providing for interim legal fees (Attachments); Notice (cdy) (Main Document 174 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 173 MINUTE ORDER of 8/5/04 by Honorable Michael T. Mason: Status hearing held and continued to 10/14/04 at 9:00 a.m. Plaintiff's oral motion for an extension to joint additional parties and amendment or supplementation of pleadings to 10/14/04 is granted. Mailed notice (cdy) (Main Document 173 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| SCHEDULE set on 8/5/04 by Hon. Joan B. Gottschall : Status hearing held and continued to 9:30 8/19/04 . In court notice (rj) |
| SCHEDULE set on 7/15/04 by Hon. Joan B. Gottschall : Status hearing held and continued to 9:15 8/5/04 . No notice (tlp) |
| Filing 172 APPLICATION by plaintiff to the Clerk of Court for entry of a default judgment against relief defendant Active Investments, Inc.; Notice (cdy) (Main Document 172 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 170 MINUTE ORDER of 7/1/04 by Hon. Joan B. Gottschall: Motions hearing held. Response to defendants Frank J. Custable, Jr., Suburban Capital Corp., Sara Wetzel and Francis Scott Widen's motion for summary judgment with respect to Count IV [162-1] and defendant Frank J. Custable, Jr's motion for summary judgment with respect to Count V [164-1] due by 7/15/04. Reply due by 7/22/04. Defendants' Rule 56.1(a)(2) motion and memorandum in support of motion for partial summary judgment as to Wasatch Pharmaceuticals, Inc. is withdrawn [167-1]. Motion for an order providing for interim legal fees is granted [159-1]. Status hearing set for 7/15/04 at 9:00 a.m. Mailed notice (vmj) (Main Document 170 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 161 OBJECTIONS by defendants to motion for an order providing for interim legal fees; Notice (cdy) (Main Document 161 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 171 MINUTE ORDER of 6/28/04 by Hon. Joan B. Gottschall: Enter order. Defendants' motion for partial summary judgment as to ThermoElastic Technologies, Inc [104-1], and as to Gateway [121-1], are both denied without prejudice as premature. Pursuant to Fed.R.Civ.P.56(f), plaintiff has demonstrated that, in part due to defendants' reticence, plaintiff has not had adequate opportunity to conduct meaninful discovery on defendants' defenses. Consequently, summay judgment is not appropriate at this time. See Farmer v. Brennan, 81 F.3d 1444, 1449-51 (7th Cir. 1996). Defendants may refile their motions once fact discovery has closed. Mailed notice (cdy) (Main Document 171 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 169 RULE 56.1(a)(1) EXHIBITS by defendants Frank J Custable Jr, Sara Wetzel, Sub Capital Corp, Francis Scott Widen in support of motion for partial summary judgment as to Wasatch Pharmaceuticals, Inc. [167-1]. (vmj) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 168 RULE 56.1(A)(3) Statement of undisputed facts in support of defendants motion for partial summary judgment as to Wasatch Pharmaceuticals, Inc. by defendants Frank J Custable Jr, Sara Wetzel, Sub Capital Corp, Francis Scott Widen; Notice. (vmj) (Main Document 168 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 167 RULE 56.2(a)(2) MOTION and memorandum in support of motion by defendants' Frank J Custable Jr, Sara Wetzel, Sub Capital Corp, Francis Scott Widen for partial summary judgment as to Wasatch Pharmaceuticals, Inc. ; Notice. (vmj) (Main Document 167 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 166 NOTICE of motion by defendant Frank J Custable Jr regarding motion for summary judgment with respect to Count V [164-1]. (vmj) (Main Document 166 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 165 RULE 56(a)(3) statement of undisputed facts in support of defendant's motion for summary judgment with respect to Count V of the amended complaint by defendant Frank J Custable Jr. (vmj) (Main Document 165 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 164 MOTION by defendant Frank J Custable Jr for summary judgment with respect to Count V. (vmj) (Main Document 164 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 163 RULE 56(a)(3) statement of material facts in support of their motion for summary judgment as to Count IV of the amended complaint by Frank J Custable Jr, Sara Wetzel, Sub Capital Corp, Francis Scott Widen. (vmj) (Main Document 163 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 162 MOTION by defendants' Frank J Custable Jr, Sara Wetzel, Sub Capital Corp, Francis Scott Widen for summary judgment with respect to Count IV ; Notice. (vmj) (Main Document 162 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 160 MINUTE ORDER of 6/17/04 by Hon. Joan B. Gottschall: Mark D. Toljanic's motion for an order provided for interim legal fees [159-1] is entered and continued to 07/01/04 at 9:30 a.m. Defendant, Suburban Capital Corporation to file response by 06/29/04. Movant may reply in open court. Mailed notice (cdy) (Main Document 160 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 158 DECLARATION OF SERVICE of Alvaro Martin (Attachments); Notice (cdy) (Main Document 158 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 159 MOTION by Mark D Toljanic for an order provided for interim legal fees ; Affidavit of Stephen R. Paul in support (Attachments); Notice (cdy) (Main Document 159 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| SCHEDULE set on 6/10/04 by Honorable Michael T. Mason : Status hearing held and continued to 8/5/04 at 9:00 a.m. Mailed notice (kef) |
| Filing 157 MINUTE ORDER of 5/13/04 by Hon. Joan B. Gottschall: Defendants Frank Custable, Jr., Suburban Capital Corp., Sara Wetzel, Francis Scott Wilden motion to extend briefing schedule [156-1], is granted. Response to receiver's motion to approve liquidation and dissolution of Suburban Capital Corporation [152-1] is due by 05/14/04. Reply is extended and due by 05/21/04. Ruling by mail. Mailed notice (cdy) (Main Document 157 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 155 RESPONSE by defendant Frank J. Custable, Jr. in opposition to motion to approve liquidation and dissolution of Suburban Capital Corporation [152-1] (cdy) (Main Document 155 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 156 MOTION by defendants Frank J. Custable, Jr., Suburban Capital Corp., Sara Wetzel, Francis Scott Widen to extend briefing schedule ; Notice (cdy) (Main Document 156 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 154 RESPONSE by plaintiff to the receiver's motion to approve liquidation and dissolution of Suburban Capital Corporation [152-1]; Notice (cdy) (Main Document 154 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 151 REPLY by defendant Frank J. Custable, Jr. in support of motion to modify order appointing receiver over Suburban Capital Corporation [144-1]; Notice (cdy) (Main Document 151 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 153 MINUTE ORDER of 4/22/04 by Hon. Joan B. Gottschall: Answer brief to the court appointed receiver motion to approve liquidation and dissolution of Suburban Capital Corporation [152-1] due 04/30/04. Reply to answer brief due 05/07/04. Ruling will be by mail. Mailed notice (cdy) (Main Document 153 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 152 MOTION by defendant Suburban Capital Corporation to approve liquidation and dissolution of Suburban Capital Corporation (Attachments) (cdy) (Main Document 152 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 150 FIRST REPORT AND RECOMMENDATION or receiver (Attachments); Notice (cdy) (Main Document 150 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 149 REPLY by defendants Frank J. Custable, Jr., Suburban Capital Corp, Sara Wetzel in support of partial summary judgment as to Gateway Distributors, Inc.; Notice (cdy) (Main Document 149 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 148 REPLY by defendants Frank J. Custable, Jr., Suburban Capital Corp., Sara Wetzel in support to partial summary judgment as to ThermoElastic Technologies, Inc.; Notice (cdy) (Main Document 148 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
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Filing 147
MINUTE ORDER of 4/15/04 by Honorable Michael T. Mason: Status hearing held and continued to 06/10/04 at 9:00 a.m. The Court adopts the dates proposed in the parties agreed scheduling order. Fact discovery to be completed by 12/23/04. Expert discovery to be completed by 03/29/05. Final dispositive pre-trial motions to be filed by 05/13/05. See scheduling order for more specific dates. (Entered Agreed Scheduling Order.) Notices mailed by judge's staff (cdy) (Main Document 147 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ).
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| Filing 146 RESPONSE by plaintiff to motion to modify order appointing receiver over Suburban Capital Corporation [144-1] (Attachments); Notice (cdy) (Main Document 146 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 143 MINUTE ORDER of 4/13/04 by Hon. Joan B. Gottschall: Having reviewed both the handwritten and typewritten versions of Mr. Tomas' notes taken during a proffer session with Bradley Nordling, the court concludes that the notes, in their entirety, are protected under the work product doctrine. The court, therefore, affirms Magistrate Judge Mason's 11/26/03 memorandum opinion and order. Mailed notice (cdy) (Main Document 143 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 145 MINUTE ORDER of 4/8/04 by Hon. Joan B. Gottschall: Answer brief to defendant's motion to modify order appointing receiver over Suburban Capital Corporation [144-1] due 04/15/04. Reply to answer brief due 04/22/04. Ruling on defendant's motion to modify order appointing receiver over Suburban Capital Corporation will be by mail. Mailed notice (cdy) (Main Document 145 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 142 ATTORNEY APPEARANCE for defendants by Curtis Michael Kendall (cdy) (Main Document 142 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 141 OBJECTION by defendant Frank J. Custable, Jr. to first report and recommendation of receiver (Attachments); Notice; with Response (cdy) (Main Document 141 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 140 RULE 56(f) AFFIDAVIT of Jerome P. Tomas concerning the Custable defendants' motion for partial summary judgment at to Gateway Distributors, Ltd. (Attachments); Notice (cdy) (Main Document 140 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 144 MOTION by defendant Frank J. Custable, Jr. to modify order appointing receiver over Suburban Capital Corporation (Attachments); Notice (cdy) (Main Document 144 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| SCHEDULE set on 3/26/04 by Honorable Michael T. Mason : Status hearing reset from 4/6/04 to 4/15/04 at 9:00 a.m. Mailed notice (kef) |
| Filing 139 RULE 56(f) AFFIDAVIT of plaintiff's concerning the custable defendants' motion for partial summary judgment as to Thermoelastic Technologies, Inc. (Attachments); Notice (cdy) (Main Document 139 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 138 REPLY MEMORANDUM by plaintiff in support of its motion for turnover order relating to Frank J. Custable Jr's Charter One Bank Account [133-1]; Notice (cdy) (Main Document 138 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 137 RULE 56(a)(3) statement of undisputed facts in support of defendant's motion for summary judgment as to Gateway by defendant; Notice (cdy) (Main Document 137 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 132 RESPONSE by defendant to plaintiff's motion for turnover order relating to Frank J. Custable Jr.'s Charter One Bank accounts; Notice (cdy) (Main Document 132 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 131 RESPONSE by intervenor Charter One Bank, N.A. to SEC's motion for turnover order relating to Charter One Bank; Notice (cdy) (Main Document 131 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 130 MINUTE ORDER of 2/19/04 by Hon. Joan B. Gottschall: Defendants' motion to strike, pursuant to Fed.R.Civ.P. 9(b) [129-1], is denied without prejudice for failure of movant to appear to present motion. Mailed notice (cdy) (Main Document 130 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 135 MINUTE ORDER of 2/12/04 by Hon. Joan B. Gottschall: Answer brief to plaintiff SEC's motion for turnover order relating to Frank J. Custable Jr's Charter One Bank Account [133-1] is due 02/26/04. Reply to answer brief due 03/04/04. Defendant's motion to set briefing schedule on defendants motion for partial summary judgment as to ThermoElastic Technologies, Inc. and defendants motion to strike, pursuant to Fed.R.Civ.P. 9(b) [134-1], is granted. Mailed notice (cdy) (Main Document 135 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 127 MINUTE ORDER of 2/9/04 by Hon. Joan B. Gottschall: The court has reviewed Mr. Tomas' handwritten notes taken during the proffer session with Mr. Nordling. Because the court is unable to decipher Mr. Tomas' handwriting, the court requests that Mr. Tomas come to chambers (Room 1978) before Wednesday, 02/11/04 to dictate the contents of the notes to Judge Gottschall's law clerk. Mr. Tomas can call chambers and speak to the law clerk to set up a convenient meeting time. Mailed notice (cdy) (Main Document 127 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 136 MINUTE ORDER of 2/4/04 by Hon. Joan B. Gottschall : Status hearing held and continued to 02/12/04 at 9:30 a.m. Issue regarding oral motion to make copy of records of Suburban Capital's server and privilege log is continued to 02/12/04 at 9:30 a.m. The parties are required to present a plan as to the terms of record. No notices (cdy) (Main Document 136 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 133 MOTION by plaintiff for turnover order relating to Frank J. Custable Jr's Charter One Bank Account (Attachments); Notice (cdy) (Main Document 133 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 129 MOTION by defendant Frank J. Custable, Jr., Sara Wetzel, Suburban Capital Corp. to strike, pursuant to Fed.R.Civ.P. 9(b) ; Notice (cdy) (Main Document 129 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 128 REPLY MEMORANDUM by plaintiff in support its motion for additional contempt, for reconsideration of a portion of prior contempt order, for a declaratory judgment relating to Custable's funds in certain bank accounts, [101-1] and for an order staying state court proceedings commenced by Custable relating to one of these accounts (Attachments); Notice (cdy) (Main Document 128 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 126 MINUTE ORDER of 1/29/04 by Hon. Joan B. Gottschall: The court hereby appoints Mark Toljanic as receiver over Suburban Capital Corporation. Mr. Toljanic's prior experience as a receiver for Suburban Capital should produce some significant economies in this case. Further, his rate of $205 hour is competitive and reasonable, His background as a lawyer and his prior service as a receiver make him well-suited for this case. The parties, including Mr. Toljanic, shall appear for a status on Wednesday, 2/4/04 at 9:30 a.m. (Entered Order Appointing Receiver Over Suburban Capital Corporation) Mailed notice (vmj) (Main Document 126 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 125 MINUTE ORDER of 1/29/04 by Hon. Joan B. Gottschall: The court has reviewed Magistrate Judge Mason's 11/26/03 Memorandum Opinion and Order, as well as the parties' briefs concerning objections to that order. While a close class, the court sustains defendants' objections. In order to ensure that defendants are not deprived of non-work product contained within Mr. Tomas' notes, the court orders the SEC to submit a copy of the notes to chambers (Room 1978) within three business days of this order. The SEC may highlight those portions of the notes that it claims are protected as attorney work product. The court will review the notes in camera and will determine whether any portion of the notes should be turned over to defendants. Mailed notice (vmj) (Main Document 125 replaced on 5/8/2018) (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) (sxb, ). Modified on 5/8/2018 (sxb, ). |
| Filing 124 MINUTE ORDER of 1/29/04 by Hon. Joan B. Gottschall: SEC's motion to strike answer is granted [38-1]; SEC's motion to dismiss defendant Suburban Capital Corporation's counterclaim is granted [39-1]; SEC's motion to strike certain affirmative defenses is granted [39-2]. (Entered Order) Mailed notice (vmj) (Main Document 124 replaced on 5/8/2018) (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) (sxb, ). Modified on 5/8/2018 (sxb, ). |
| SCHEDULE set on 1/29/04 by Honorable Michael T. Mason : Status hearing held and continued to 4/6/04 at 9:00 a.m. Mailed notice (kef) |
| Filing 134 MOTION by defendants Suburban Capital Corporation, Frank J. Custable, Jr., Sara Wetzel to set briefing schedule (Attachments); Notice (cdy) (Main Document 134 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 120 RULE 56(a)(3) statement of undisputed facts in support of defendants' motion for summary judgment by defendant; Notice (cdy) (Main Document 120 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 123 MINUTE ORDER of 1/23/04 by Hon. Joan B. Gottschall: Answer brief to defendant's motion for summary judgment as to Gateway [121-1] motion due 02/20/04. Reply to answer brief due 03/05/04. Ruling on defendant's motion for summary judgment as to Gateway will be by mail. Defendant's oral motion for leave to file Rule 56(e) statement of material facts by 01/26/04 is granted. Mailed notice (cdy) (Main Document 123 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 119 OBJECTION by defendant Suburban Capital Corporation to proposed order appointing a receiver over Suburban (Attachments); Notice (cdy) (Main Document 119 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 118 RESPONSE by defendant Frank J. Custable, Jr. to plaintiff's motion for additional contempt findings reconsideration of a portion of prior contempt order, for declaratory judgment relating to Custable's funds in certain bank accounts, and for order staying state court preceedings commenced by Custable relating to one of these accounts (Attachments); Notice (cdy) (Main Document 118 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 117 MINUTE ORDER of 1/9/04 by Hon. Joan B. Gottschall : Defendants' motion for a rule to show cause is denied [116-1]. The parties are required to submit an agreed amended preliminary injunction order to this court for entry within ten days of this order. Mailed notice (ntf) (Main Document 117 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 114 MINUTE ORDER of 1/7/04 by Hon. Joan B. Gottschall: Plaintiff's motion for leave to file memorandum of law in support of motion for additional contempt findings and other relief in excess of fifteen pages [109-1], is granted. Briefing schedule as to plaintiff's motion for additional contempt findings [101-1] [101-2] is extended as follows: response by 01/15/04. Reply by 01/29/04. Ruling by mail. Mailed notice (cdy) (Main Document 114 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 113 RECOMMENDATION for receiver by Custable Group defendants (Attachments); Notice (cdy) Modified on 01/08/2004 (Main Document 113 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 112 RESPONSE by plaintiff to the Custable defendants' objection to order regarding motion to compel discovery; Notice (cdy) (Main Document 112 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 111 MEMORANDUM OF LAW by plaintiff in support of motion for additional contempt findings and other relief [101-1]; Notice (cdy) (Main Document 111 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 115 APPLICATION for leave to appear pro hac vice for defendant Pacel Corp by Andrew B. Clubok; Order entered granting leave by Hon. Joan B. Gottschall. (jmm) (Main Document 115 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 100 RECOMMENDATION for receiver by plaintiff (Attachments); Notice (cdy) (Main Document 100 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 122 SCHEDULE OF EXHIBITS by defendants Custable, Suburban Capital Corp., Wetzel and Widen to motion for summary judgment as to Gateway [121-1] (cdy) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 121 MOTION by defendants Custable, Suburban Capital Corp., Wetzel and Widen for summary judgment as to Gateway ; Notice (cdy) (Main Document 121 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 116 MOTION by defendants Frank J Custable Jr, Sara Wetzel, Sub Capital Corp, Francis Scott Widen for a rule to show cause (Attachments); Notice (ntf) (Main Document 116 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 99 ATTORNEY APPEARANCE for defendants Gateway Distributors and Richard Bailey and Ferris J Hussein; Notice (cdy) (Main Document 99 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 108 MINUTE ORDER of 12/19/03 by Hon. Joan B. Gottschall: The court enters the following: Because there has been no discovery of Mr. Peter Maxwell, the affidavit of Mr. Maxwell is stricken, and the testimony of Mr. Maxwell may not be considered in connection with this motion for summary judgment. Plaintiff to file Rule 56(f) affidavit by 01/07/04. Defendant's reply is due by 01/20/04. Plaintiff to file response to defendant Suburban Capital's "objections" to Magistrate Judge Mason order by 01/07/04. Defendants, Frank J. Custable, Jr., Sara Wetzel, Suburban Capital Corp. and Francis Scott Widen motion to dismiss pursuant to FRCP 9(b) and motion for partial summary judgment as to ThermoElastic Technologies, Inc are entered. Mailed notice (ntf) (Main Document 108 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 98 MINUTE ORDER of 12/19/03 by Hon. Joan B. Gottschall: Defendants Suburban Capital Corporation, Frank J. Custable, Jr. and Sara Wetzel's motion to reconsider the order of contempt [72-1], is denied. Plaintiff SEC's renewed motion for an order appointing a receiver over Suburban Capital Corporation [80-1], is granted. Within five business days of the date of this order, each party may submit to the court the names and resumes of up to five candidates for receiver. See reverse side of minute order for further details. (See reverse of minute order.) Mailed notice (cdy) (Main Document 98 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 97 APPEARANCE for all defendants by Lance C. Martin (cdy) (Main Document 97 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 110 DECEMBER 4, 2003 DECLARATION of Pesach Glaser (Attachments) (cdy) (Main Document 110 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 109 MOTION by plaintiff for leave to file brief in excess of fifteen pages ; Notice (cdy) (Main Document 109 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 107 RE-NOTICE by defendants Frank J Custable Jr, Sara Wetzel, Sub Capital Corp, Francis Scott Widen of motion to dismiss case pursuant to Fed.R.Civ.P.9(b) [103-1], and motion for partial summary judgment as to ThermoElastic Technologies, Inc [104-1] (ntf) (Main Document 107 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| SCHEDULE set on 12/17/03 by Honorable Michael T. Mason : Status hearing held and continued to 1/29/04 at 9:00 a.m. Mailed notice (kef) |
| Filing 96 ATTORNEY APPEARANCE for defendants Pacel Corp. and David Calkins by Katheleen A Ehrhart (cdy) (Main Document 96 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 95 INITIAL STATUS REPORT by the parties (Attachments); Notice (cdy) (Main Document 95 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 94 MINUTE ORDER of 12/10/03 by Hon. Joan B. Gottschall: Defendant, Suburban Capital motion for leave to file sur-reply to plaintiff's renewed motion for an order appointing a receiver [91-1], is granted. Mailed notice (cdy) (Main Document 94 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 93 OPPOSITION by defendants to plaintiff's application for costs and attorney's fees (cdy) (Main Document 93 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 92 OBJECTION by defendants Suburban Capital Corporation, Frank J. Custable, Jr., Sara Wetzel to order regarding motion to compel discovery; Notice (cdy) (Main Document 92 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 90 OBJECTIONS by defendant to order regarding motion to compel discovery (Attachments); Notice. (gcy) (Main Document 90 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 102 MINUTE ORDER of 12/5/03 by Hon. Joan B. Gottschall: Answer brief by plaintiff to motion for additional contempt findings against Frank J. Custable Jr., for reconsideration of a portion of prior contempt order, for a declaratory judgment relating to Custable's funds in certain bank accounts [101-1] and for an order staying state court proceedings commenced by Custable relating to one of these accounts [101-2] due 01/02/04. Reply to answer brief due 01/16/04. Ruling on plaintiff's motion will be by mail. Charter One Bank, N.A.'s motion for leave to intervene for the purposes of depositing funds into the Federal Registry [88-1] is continued until one week after the ruling on plaintiff's motion for additional contempt. By agreement of the parties Charter One Bank, N.A. and Frank Custable, Jr. are ordered to stay the state court proceedings in DuPage County until ruling on the declaratory judgment motion is issued. No notices (cdy) (Main Document 102 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 106 RULE 56.1(a)(1) EXHIBITS by defendants Frank J Custable Jr, Sara Wetzel, Sub Capital Corp, Francis Scott Widen in support of motion for partial summary judgment as to ThermoElastic Technologies, Inc [104-1] (ntf) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 105 RULE 56.1(A)(3) STATEMENT by defendants Frank J Custable Jr, Sara Wetzel, Sub Capital Corp, Francis Scott Widen of undisputed facts in support of defendant's motion for partial summary judgment as to ThermoElastic Technologies, Inc. (ntf) (Main Document 105 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 104 RULE 56.1(a)(2) MOTION by defendants Frank J Custable Jr, Sara Wetzel, Sub Capital Corp, Francis Scott Widen for partial summary judgment as to ThermoElastic Technologies, Inc ; Memorandum in support. (ntf) (Main Document 104 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 103 MOTION by defendants Frank J Custable Jr, Sara Wetzel, Sub Capital Corp, Francis Scott Widen to dismiss case pursuant to Fed.R.Civ.P.9(b) ; Notice (ntf) (Main Document 103 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 101 MOTION by plaintiff for additional contempt findings against Frank J. Custable Jr., for reconsideration of a portion of prior contempt order, for a declaratory judgment relating to Custable's funds in certain bank accounts, and for an order staying state court proceedings commenced by Custable relating to one of these accounts ; Notice (cdy) (Main Document 101 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 91 MOTION by defendant Suburban Capital Corp. for leave to file sur-reply to plaintiff's renewed motion for an order appointing a receiver ; Notice (cdy) (Main Document 91 replaced on 5/8/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/8/2018 (sxb, ). |
| Filing 89 MINUTE ORDER of 12/3/03 by Hon. Joan B. Gottschall: Charter One Bank, N.A.'s motion for leave to intervene for the purpose of depositing funds into the Federal Registry [88-1] is entered and continued to 12/05/03 at 9:30 a.m. No notices (cdy) (Main Document 89 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 87 REPLY MEMORANDUM by plaintiff in support of its renewed motion for appointment of receiver over defendant Suburban Capital Corporation; Notice (cdy) (Main Document 87 replaced on 5/7/2018) (sxb, ). (Additional attachment(s) added on 5/7/2018: #1 Notice of Filing) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
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Filing 86
MINUTE ORDER of 11/26/03 by Honorable Michael T. Mason: For the reasons stated in the attached memorandum opinion and order, defendants Suburban Capital Corp., Sara Wetzel and Frank J. Custable, Jr.'s motion to compel discovery [68-1], is denied. Initial status hearing before Magistrate Judge Mason is set for 12/17/03 at 9:00 a.m. in courtroom 2214. The parties shall deliver a copy of an initial status report providing the information required by the enclosed setting initial status report to the courtroom deputy (Room 2220) by 12/12/03. Entered Memorandum Opinion and Order. Notices mailed by judge's staff (cdy) (Main Document 86 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ).
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| Filing 88 MOTION by Charter One Bank, N.A. for to intervene for the purpose of depositing funds into the Federal Registry (Attachments); Notice (cdy) (Main Document 88 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
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Filing 85
MINUTE ORDER of 11/24/03 by Hon. Joan B. Gottschall: The court's 11/19/03 minute is stricken. Plaintiff's renewed motion for an order appointing a receiver over Suburban Capital Corporation [80-1] is taken under advisement. The court will issue a ruling when the receiver issue is fully briefed. As stated in open court, defendants' motion for a protective order [12-1], is granted in part and denied in part. Notices mailed by judge's staff (cdy) (Main Document 85 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ).
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| Filing 84 MINUTE ORDER of 11/21/03 by Honorable Michael T. Mason: Status hearing and motion hearing on defendant's motion to compel [68-1] set for 11/24/03 at 9:30 a.m. is sticken. Ruling on defendant's motion to compel by mail. Telephoned notice (cdy) (Main Document 84 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
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Filing 82
MINUTE ORDER of 11/20/03 by Honorable Michael T. Mason: Status hearing and motion hearing on defendant's motion to compel [68-1] set for 11/24/03 at 9:30 a.m. in courtroom 2214. Notices mailed by judge's staff (cdy) Modified on 11/21/2003 (Main Document 82 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ).
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| Filing 81 MINUTE ORDER of 11/19/03 by Hon. Joan B. Gottschall: Plaintiff SEC' renewed motion for an order appointing a receiver over Suburban Capital Corporation [80-1], is granted. Defendants motion for order [12-1], is granted in part and denied in part. Mailed notice (cdy) (Main Document 81 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 79 REFERRAL ORDER of 11/18/03 Referring to Honorable Michael T. Mason from the Hon. Joan B. Gottschall the motion to compel discovery [68-1] pursuant to Local Rule 72.1. (For further detail see order.) Mailed notice (cdy) (Main Document 79 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 78 DECLARATION of Jerome P. Tomas in support of plaintiff's application for costs and attorneys' fees to the SEC (Attachments) (cdy) (Main Document 78 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 77 APPLICATION by plaintiff for costs and attorneys' fees (Attachments); Notice (cdy) (Main Document 77 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 76 REPLY MEMORANDUM by plaintiff in support of motion to reconsider the order of contempt or, in the alternative, extend time to comply with contempt order [72-1] (Attachments); Notice (cdy) (Main Document 76 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 83 RESPONSE by defendant to plaintiff's renewed motion for an order appointing receiver (Attachments); Notice (cdy) (Main Document 83 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 80 RENEWED MOTION by plaintiff for an order appointing a receiver over Suburban Capital Corporation (Attachments); Notice (cdy) (Main Document 80 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 75 REPLY by defendants Suburban Capital Corporation, Frank J. Custable, Jr. and Sara Wetzel in support of motion to compel discovery [68-1]; Notice (cdy) (Main Document 75 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 74 MEMORANDUM by plaintiff in opposition to contemnor's motion to reconsider or for additional time to purge [72-1]; Notice (cdy) (Main Document 74 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 73 MINUTE ORDER of 11/3/03 by Hon. Joan B. Gottschall: Answer brief to defendants Suburban Capital Corporation, Frank J. Custable, Jr. and Sara Wetzel's motion to reconsider the order of contempt or, in the alternative, extend time to comply with contempt order [72-1] due 11/07/03. Reply to answer brief due 11/12/03. Ruling on motion to reconsider the order of contempt will be by mail. Plaintiff to file brief on appointment of receiver by 11/10/03. Response by 11/17/03. Reply by 11/21/03. Ruling by mail. Mailed notice (cdy) (Main Document 73 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 72 MOTION by defendants Suburban Capital Corporation, Frank J. Custable, Jr. and Sara Wetzel to reconsider the order of contempt or, in the alternative, extend time to comply with contempt order (Attachments); Notice (cdy) (Main Document 72 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 71 RESPONSE by plaintiff to Custable defendants' motion to compel discovery [68-1]; Notice (cdy) (Main Document 71 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 70 MINUTE ORDER of 10/24/03 by Hon. Joan B. Gottschall: Plaintiff's motion for contempt [48-1], is granted. In addition, based on the SEC's position paper, James Musial's oral motion for leave to file an appearance on behalf of Suburban Capital Corporation, Frank J. Custable, Jr. and Sara Wetzel is now granted. The parties shall appear on Monday, 11/03/03 at 8:45 a.m. for a status on the matters required by this order, on the progress of the discovery required by the preliminary injunction, and to set a date for a hearing on contempt sanctions. Order as to Frank J Custable Jr, Sara Wetzel, Sub Capital Corp, Sub Capital appointing attorney James E Musial. (Entered Order.) Mailed notice (cdy) (Main Document 70 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 69 MINUTE ORDER of 10/17/03 by Hon. Joan B. Gottschall: Answer brief to motion by defendants Suburban Capital Corporation, Frank J. Custable, Jr. and Sara Wetzel to compel discovery [68-1] due 10/31/03. Reply to answer brief due 11/07/03. Ruling on motion to compel discovery will be by mail. Mailed notice (cdy) (Main Document 69 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 67 SUPPLEMENTAL DECLARATION of Jerome Tomas in connection with the SEC's contempt motion (Attachments); Notice (cdy) (Main Document 67 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 68 MOTION by defendants Suburban Capital Corporation, Sara Wetzel, Frank J. Custable, Jr. to compel discovery (Attachments); Notice (cdy) (Main Document 68 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 66 REPLY by plaintiff to Custable defendants' objections to the SEC's proposed findings of fact and conclusions of law as to defendants Suburban Capital Corporation, Frank J. Custable, Jr. and Sara Wetzel in connection with plaintiff's contempt motion (Attachments); Notice (cdy) (Main Document 66 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 65 OBJECTIONS by defendants Frank J. Custable, Jr., Sarah Wetzel and Suburban Capital Corporation to SEC's proposed findings of fact and conclusions of law; Notice (cdy) (Main Document 65 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 64 POSITION by plaintiff concerning addition of James Musial as counsel (cdy) |
| Filing 63 AUGUST 15, 2003, DECLARATION of Jerome Tomas (Attachments) (cdy) (Main Document 63 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 62 SECOND SUPPLEMENTAL DECLARATION of Steven J. Levine, dated 08/15/03, to file inadvertently omitted exhibit relating to SEC's contempt motion (cdy) (Main Document 62 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 61 FINDINGS of fact and conclusions of law as to defendants Suburban Capital Corporation, Frank J. Custable, Jr. and Sara Wetzel in connection with plaintiff's contempt motion (Attachments) (cdy) (Main Document 61 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 60 SUR-SUR-REPLY MEMORANDUM by plaintiff in support of its contempt motion [48-1]; Notice (cdy) (Main Document 60 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 58 MINUTE ORDER of 8/14/03 by Hon. Joan B. Gottschall: By request of plaintiff for a one day extension, SEC's response to the defendant's surreply, as well as the SEC's proposed findings of fact and conclusions of law are due by 8/15/03. Defendant's response to the SEC's proposed findings is due 8/26/03. The SEC's reply to the findings is due 9/4/03. Mailed notice (air) (Main Document 58 replaced on 5/7/2018) (sxb, ). |
| Filing 57 SUR-REPLY by defendants Suburban Capital, Frank Custable and Sara Wetzel in opposition to SEC's motion for contempt (Attachments); Notice (cdy) (Main Document 57 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 59 MINUTE ORDER of 8/7/03 by Hon. Joan B. Gottschall : Hearing held on SEC's motion for an order finding defendants civil contempt. Defendants' surreply due 08/11/03. SEC's response to the defendant's surreply, as well as the SEC's proposed findings of fact and conclusions of law are due by 08/14/03. Defendants' response to the SEC's proposed findings is due 08/25/03. The SEC's reply to the findings is due 09/03/03. Mailed notice (lc) (Main Document 59 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 56 SUPPLEMENTAL DECLARATION of Steven J. Levine dated 08/07/03, to file inadvertantly omitted exhibit relating to SEC's comtempt motion (Attachments); Notice (cdy) (Main Document 56 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 55 DECLARATION of Steven J. Levine dated 08/06/03 (Attachments) (cdy) (Main Document 55 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 54 AUGUST 6, 2003 DECLARATION of Pesach Glaser (Attachments) (cdy) (Main Document 54 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 53 REPLY memorandum by plaintiff in support of its contempt motion; Notice (cdy) (Main Document 53 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 52 MINUTE ORDER of 8/1/03 by Hon. Joan B. Gottschall: Oral motion by James E. Musial for leave to file appearance on behalf of defendants Suburban Capital Corporation, Frank J. Custable, Jr. and Sara Wetzel [0-0] is taken under advisement. Plaintiff's response in opposition to oral motion id due by 08/08/03. Reply in support is due by 08/15/03. Contempt hearing set for 08/04/03 is stricken and re-set to 08/07/03 at 3:00 p.m. Plaintiff to file reply in support of civil contempt motion by 08/04/03. Plaintiff to file proposed findings of fact and conclusions of law by 08/05/03. Mailed notice (cdy) (Main Document 52 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| ORAL MOTION by James E. Musial for leave to file appearance on behald of defendants Suburban Capital Corporation, Frank J. Custable, Jr. and Sara Wetzel (cdy) |
| Filing 51 RESPONSE by defendants Suburban Capital Corporation, Frank J. Custable, Jr. and Sara Wetel to plaintiff's motion for order finding of contempt [48-1] (Attachments); Notice (cdy) (Main Document 51 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 50 MINUTE ORDER of 7/25/03 by Hon. Joan B. Gottschall: Status hearing set for 08/01/03 at 9:30 a.m. Enter order permitting plaintiff to conduct expedited discovery regarding matters relating to its civil contempt motion. Defendants are to comply by close of business 07/29/03. Defendants to file position paper by close of business on 07/31/03 setting forth their factual and/or legal disputes with plaintiff's allegations in its motion for civil contempt. Failure to challenge legal and factual contentions of the SEC will result in waiver of the right to dispure such contentions. Parties are required to appear on 08/01/03 at 9:30 a.m. to determine if a hearing is necessary. It a hearing is necessary, it will be set for 08/04/03 at 10:00 a.m. (Entered Order Permitting Plaintiff to Conduct Expedited Discovery Regarding Matters Relating to its Civil Contempt Motion.) Mailed notice (cdy) (Main Document 50 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| SCHEDULE set on 7/24/03 by Hon. Joan B. Gottschall : In court hearing set for 8/4/03 at 10:00 a.m. Mailed notice (maf) |
| Filing 49 DECLARATION of Steven J. Levine dated 07/21/03 (Attachments) (cdy) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 48 MOTION by plaintiff for order finding defendants Surburban Capital Corporation, Frank J. Custable Jr. and Sara Wetzel in civil contempt, and granting ancillary relief ; Memorandum in support (Attachments); Notice (cdy) (Main Document 48 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| SCHEDULE set on 7/10/03 by Hon. Joan B. Gottschall : Status hearing held and continued to 9:30 8/14/03 . Mailed notice (rj) |
| Filing 47 WAIVER of service of summons as to defendants Pacel Corporation, David Calkins sent on 4/28/03; Notice (47-1 through 47-2) (cdy) Modified on 07/09/2003 (Main Document 47 replaced on 5/7/2018) (sxb, ). (Additional attachment(s) added on 5/7/2018: #1 Waiver of Service returned executed, #2 Waiver of Service returned executed) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 46 ANSWER by defendants Richard Baily and Gateway Distributors, Ltd. to complaint [17-1]; Notice (cdy) (Main Document 46 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 45 REPLY memorandum by plaintiff in further support of its motion to strike certain portions of defendant Suburban Capital Corporation's answer [38-1], to dismiss counterclaim [39-1], to strike certain affirmative defenses [39-2] (Attachments); Notice (cdy) (Main Document 45 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 44 APPLICATION for leave to appear pro hac vice for defendant by Louis B. Paine; Order entered granting leave by Hon. Joan B. Gottschall; Notice (cdy) (Main Document 44 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 43 ATTORNEY APPEARANCE for defendant Gateway Distributors, Ltd. and Richard Bailey by Ted S. Helwig (cdy) (Main Document 43 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 42 RESPONSE by defendant Suburban Capital Corporation to SEC's motion to strike answer [38-1], motion to dismiss counterclaim [39-1], and motion strike certain affirmative defenses [39-2]; Notice (cdy) (Main Document 42 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 41 RETURN OF SERVICE executed as to defendants Thermoelastic Technologies, Gateway Distributors, Ltd., Richard Bailey, Gary Heesch on 04/30/03 and executed as to David Giles, Wasatch Pharmaceutical, Inc., Frank J Custable Jr, Sara Wetzel, Sub Capital Corp, Active Inv Inc on 04/28/03 (41-1 through 41-10); Notice (cdy) (Main Document 41 replaced on 5/7/2018) (sxb, ). (Additional attachment(s) added on 5/7/2018: #1 Attachment 1, #2 Attachment 2, #3 Attachment 3, #4 Attachment 4, #5 Attachment 5, #6 Attachment 6, #7 Attachment 7, #8 Attachment 8, #9 Attachment 9, #10 Attachment 10) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 40 MINUTE ORDER of 6/6/03 by Hon. Joan B. Gottschall: Answer brief to plaintiff SEC's motion to strike certain portions of defendant Suburban Capital Corporation's answer to the SEC's first amended complaint [38-1] and plaintiff's motion to dismiss defendant Suburban Capital Corporation's counterclaim [39-1] and strike certain affirmative defenses [39-2] due 06/20/03. Reply to answer brief due 07/01/03. Mailed notice (cdy) (Main Document 40 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| SCHEDULE set on 6/6/03 by Hon. Joan B. Gottschall : Status hearing held and continued to 9:30 7/10/03. Attorney Louis Paine appeared by phone on behalf of Richard Bailey and Gateway Distributors, Ltd. Defendants, Richard Bailey and Gateway Distributors, Ltd are given leave to file appearance and answer within seven (7) of this Order. Mailed notice (rj) |
| SCHEDULE set on 6/5/03 by Hon. Joan B. Gottschall : Status hearing reset to 9:30 6/6/03 by request of the parties. Telephone notice (rj) |
| Filing 38 MOTION by plaintiff to strike certain portions of defendant Suburban Capital Corporation's answer to the SEC's first amended complaint ; Notice (cdy) (Main Document 38 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 39 MOTION by plaintiff to dismiss defendant Suburban Capital Corporation's counterclaim , and strike certain affirmative defenses ; Notice (cdy) (Main Document 39 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 472 SUMMONS issued, four originals and four copies, as to defendant Pine Services and Sothis III (cdy) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 473 SUMMONS issued, six originals and six copies, as to defendants Giles, Wasatch, Heesch, Gateway District, Baley, Theremolist Tech on 05/15/03 (cdy) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 474 ALIAS SUMMONS issued, two originals and two copies, as to defendant Active Investments, Inc. dated 05/13/03 (cdy) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 37 ANSWER by defendants David Giles and Wasatch Pharmaceutical, Inc. to complaint [17-1] (cdy) (Main Document 37 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 36 RESPONSE by Frank J Custable Jr, Sara Wetzel and Francis Scott Widen to plaintiff's first amended complaint for injunctive and other equitable relief [17-1]. (gcy) (Main Document 36 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 35 ANSWER to complaint and affirmative defenses[17-1] and COUNTERCLAIM to plaintiff's first amended complaint for injuncitve and other equitable relief; Notice. (gcy) (Main Document 35 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 34 NOTICE of filing by plaintiff of amended certificate of service regarding memorandum of law in support of entry of preliminary injunction order against relief defendants Sothis III, LDC and Active Investments, Inc. without need for evidentiary hearing [32-1] (cdy) (Main Document 34 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 33 LETTER from defendant David K. Giles to the Clerk of the Court dated 04/25/03 (cdy) (Main Document 33 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 32 MEMORANDUM of law by plaintiff in support of entry of preliminary injunction order against relief defendants Sothis III, LDC and Active Investments, Inc. without need for evidentiary hearing (Attachments); Notice (cdy) (Main Document 32 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 31 RESPONSE by defendants Frank J. Custable, Jr., Sara Wetzel, Francis Scott Widen to acts required of them by the agreed order of preliminary injunction; Notice (cdy) (Main Document 31 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 30 MINUTE ORDER of 4/28/03 by Hon. Joan B. Gottschall: Status hearing is set for 06/05/03 at 9:30 a.m. Case called for preliminary injunction hearing against defendants, Frank J. Custable, Jr., Sara Wetzel, Francis Scott Widen, Suburban Capital Corporation, Sothis III, LDC and Active Investments, Inc. Sothis III, LDC and Active Investment, Inc. failed to appear. This Court hereby enters preliminary injunction order against Sothis III, LDC and Active Investments. Parties are required to present an agreed discovery plan at scheduled status hearing. (Entered Agreed Order of Preliminary Injunction and Other Relief Against Defendants Frank J. Custable, Jr., Sara Wetzel, Francis Scott Widen and Suburban Capital Corporation; Order of Preliminary Injunction to Freeze Assets and Provide Other Relief Against Relief Defendants Sothis III, LDC and Active Investments, Inc.) Mailed notice (cdy) (Main Document 30 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 29 MEMORANDUM of law by plaintiff in support of entry of preliminary injunction order against relief defendants Sothis III, LDC and Active Investments, Inc. without need for evidentiary hearing (Attachments) (cdy) (Main Document 29 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 476 ALIAS SUMMONS issued, three originals and three copies, as to defendants Frank Custable Jr., Francis Widen, Suburban Capital on 04/24/03 (cdy) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 475 SUMMONS issued, eight originals and eight copies as to defendants Wasatch Pharmaceutical, Active Investments, Sara Wetzel, Thermoelastic Technologies, Richard Bailey, Gateway Distributors, David Giles, Gary Heesch on 04/25/03 (cdy) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 28 MOTION by plaintiff for a preliminary injunction to prohibit certain conduct, freeze assets, prevent the destruction of documents and provide other relief against defendants Frank J. Custable, Jr., Sara Wetzel, Francis Scott Widen, Suburban Capital Corporation and relief defendants Sothis III, LDC and Active Investments, Inc. (Attachment); Notice. (fce) (Main Document 28 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 27 NOTICE by plaintiff of witnesses for preliminary injunction hearing against Frank J. Custable, Jr., Sara Wetzel, Francis Scott Widen, Suburban Capital Corporation, Sothis III, LDC and Active Investments, Inc.; Notice. (fce) (Main Document 27 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 26 NOTICE by plaintiff of certificate of service (lc) (Main Document 26 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 25 NOTICE by plaintiff of certificate of service [23-1] (lc) (Main Document 25 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 24 NOTICE by plaintiff of supplemental certificate of service [23-1] (lc) (Main Document 24 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 23 CLARIFICATION by plaintiff regarding its motion for temporary restraining order and preliminary injunction to freeze assests and provide other relief against relief defendants Sothis III, LDC and Active Investment, Inc. (Attachment); Notice. (lc) (Main Document 23 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 22 MINUTE ORDER of 4/16/03 by Hon. Joan B. Gottschall: The court hereby entered preliminary injunction order against relief defendant, Pine Services Ltd. pursuant to findings stated in open court. All funds and other assets of relief defendant Pine Services is hereby frozen until final adjudication on the merits. See order for additional details. Relief defendant, Pine Services Ltd. did not appear. Plaintiff's motion for temporary order and preliminary injunction to freeze assets and provide other relief against defendants Sothis III, LDC and Active Investment will be heard 04/16/03 at 3:00 p.m. (Entered Preliminary Injunction Order against Relief Defendant Pine Services, Ltd.) Mailed notice (cdy) (Main Document 22 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 21 SUPPLEMENTAL CERTIFICATE of service by plaintiff (Attachments) (cdy) (Main Document 21 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 20 MINUTE ORDER of 4/16/03 by Hon. Joan B. Gottschall: Plaintiff's motion for temporary restraining order [16-1], and preliminary injunction to freeze assets [16-2], and provide other relief against relief defendants Sothis III, LDC and Active Investments, Inc. [16-3], is granted. Enter temporary restraining order against relief defendants Sothis III, LDC and Active Investments, Inc. to freeze assets and provide other relief. All funds and other assets of relief defendants Sothis and Active Investments are hereby frozen. See Order for additional details. Relief defendants, Sothis III, LDC and Active Investments, Inc. shall appear before this court on 04/28/03 at 9:00 a.m. to show cause why a preliminary injunction should not be granted. Entered Temporary Restraining Order against Relief defendants Sothis III, LDC and Active Investments, Inc. to Freeze Assets and Provide Other Relief. Mailed notice (cdy) (Main Document 20 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 14 ANSWER by defendant Gary Heesch to complaint [1-1]; Declartion of Gary Heesch (cdy) (Main Document 14 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 15 ANSWER by defendant David Giles to complaint [1-1] (cdy) (Main Document 15 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 19 MEMORANDUM of law by plaintiff in support of their motion for temporary restraining order and preliminary injunction to freeze assets and provide other relief against relief defendants Sothis III, LDC and Active Investments, Inc. [16-1] (cdy) (Main Document 19 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 18 APRIL 11, 2003 DECLARATION of Pesach Glaser (Attachments) (cdy) (Main Document 18 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 17 FIRST AMENDED COMPLAINT for injunction and other equitable relief [1-1] by plaintiff; adding Sothis III LDC, Active Inv Inc (cdy) (Main Document 17 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 16 MOTION by plaintiff for temporary restraining order , and preliminary injunction to freeze assets , and provide other relief against relief defendants Sothis III, LDC and Active Investments, Inc. ; Notice (cdy) (Main Document 16 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 13 MINUTE ORDER of 4/9/03 by Hon. Joan B. Gottschall: Case called for preliminary injunction hearing as to Pine Services Ltd. Pine Services Ltd. failed to appear. John A. Dienner counsel for Frank J. Custable, Jr., Sub Capital Corporation, Sara Wetzel and Francis Scott Widen appeared. Jerome Peter Tomas, Steven Justin Levine and John J. Sikora counsel for plaintiff appeared. Defendants' motion for protective order is entered. Plaintiff SEC filed memorandum of law in support of entry of preliminary injunction order relief defendant Pine Services, Ltd. without need for evidentiary hearing. Matter is taken under advisement. No notice (cdy) (Main Document 13 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 11 MEMORANDUM of law by plaintiff in support of entry of preliminary injunction order against relief defendant Pine Services, Ltd. without need for evidentiary hearing (Attachments); Notice (cdy) (Main Document 11 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). (Additional attachment(s) added on 5/7/2018: #1 Exhibit E) (sxb, ). |
| Filing 12 MOTION by defendants Frank J. Custable, Jr., Sara Wetzel and Francis Scott Widen for protective order ; Notice (cdy) (Main Document 12 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 10 LETTER from defendant Gary V. Heesch to the Clerk of the Court dated 04/04/03 (cdy) (Main Document 10 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 9 MINUTE ORDER of 4/7/03 by Hon. Joan B. Gottschall: Status hearing held. Oral motion by plaintiffs to continue preliminary injunction hearing as to Pine Services Ltd. to 04/09/03 at 10:00 a.m. is granted. By agreement of the parties, temporary restrating order is extended to 04/28/03. Preliminary injunction hearing as to the remaining defendants is reset to 04/28/03 at 9:00 a.m. Mailed notice (cdy) (Main Document 9 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 8 ATTORNEY APPEARANCE for defendant Frank J. Custable, Jr., Suburban Capital, Sara Wetzel and Scott Widen, by John A. Dienner III (cdy) (Main Document 8 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| SCHEDULE set on 3/31/03 by Hon. Joan B. Gottschall : Status hearing held. In court notice (rj) |
| Filing 471 SUMMONS issued, four originals and five copies as to defendants Frank J. Custable, Jr., Francis Scott Widen, Suburban Capital Corp., Sara Wetzel on 03/28/03 (cdy) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 7 MINUTE ORDER of 3/28/03 by Hon. Joan B. Gottschall: Status hearing set for 03/31/03 at 2:00 a.m. Emergency motion by SEC for an ex-parte temporary restraining order to prohibit certain conduct, freeze assets, prevent the destruction of documents [2-1], and provide other relief [2-2], is granted. Plaintiff's motion for leave to file brief in excess of fifteen pages [3-1], is granted. Defendants, Suburban Capital Corporation, Frank J. Custable, Jr., Sara Wetzel, Francis Scott Widen and relief defendant Pine Services shall appear before the court on 04/07/03 at 10:00 a.m. to show cause why a preliminary injunction should not be granted. Preliminary injunction hearing is set for 04/07/03 at 10:00 a.m. (Entered Ex Parte Temporary Restraining Order to Prohibit Certain Conduct, Freeze Assets, Prevent the Destruction of Documents and Provide Other Relief.) Mailed notice (cdy) (Main Document 7 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 6 SEC COMPENDIUM OF EXHIBITS by plaintiff regarding motion for ex-parte temporary restraining order to prohibit certain conduct, freeze assets, prevent the destruction of documents [2-1], and provide other relief [2-2] (6-1 through 6-2) (cdy) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). (Additional attachment(s) added on 5/7/2018: #1 Vol. II) (sxb, ). |
| Filing 5 DECLARATION of Pesach Glaser (cdy) (Main Document 5 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 4 MEMORANDUM of law by plaintiff in support of motion for ex-parte temporary restraining order to prohibit certain conduct, freeze assets, prevent the destruction of documents [2-1], motion provide other relief [2-2] (cdy) (Main Document 4 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 3 MOTION by plaintiff for leave to file brief in excess of fifteen pages (cdy) (Main Document 3 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 2 EMERGENCY MOTION by plaintiff for ex-parte temporary restraining order to prohibit certain conduct, freeze assets, prevent the destruction of documents , and provide other relief (cdy) (Main Document 2 replaced on 5/7/2018) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
| Filing 1 COMPLAINT - Civil cover sheet - Appearance(s) of Jerome Peter Tomas, Steven Justin Levine, John J. Sikora Jr. as attorney(s) for plaintiff (No summons(es) issued.) ( Documents: 1-1 through 1-3) (hp) (Main Document 1 replaced on 5/7/2018) (sxb, ). (Additional attachment(s) added on 5/7/2018: #1 Civil Cover Sheet, #2 Attorney Appearance Form) (sxb, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) Modified on 5/7/2018 (sxb, ). |
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