Securities And Exchange Commission v. The Nutmeg Group, LLC et al
| U.S. Securities and Exchange Commission and Barnes & Thornburg LLP |
| The Nutmeg Group, LLC, Randall Goulding, David Goulding, INC, David Samuel, LLC, Financial Alchemy, LLC, Phlly Financial, LLC, Samuel Wayne, Eric Irrgang and David Samuel Goulding |
| Brandon Goulding, Ryan D Goulding and Alan D Lasko |
| Michael Alonso, Lawrence Altholtz, Altholtz Family Limited Partnership, Karyn Blaise Irrevocable Trust, Melanie Altholtz ILIT, Richard J Carr, Donald Chermel, Stephen R Chipman, Clifford R Cross, Melodie K. Cross, DelMonte Holdings, LLC, Lawrence DePaolo, Brad Cohen and Robyn Cohen as representatives of UTD, Dillard Coleman and Glenda Coleman, as representatives of the Coleman Living Trust, Kenneth Diamond, Kenneth Diamond as a representative of Pensco Trust Co. Custodian Ken Diamond DI1CP, Peter Dolan, Patricia Eitzen, Myra Fishman, Ronald J. Fishman, as a representative of Pensco Trust Co. Custodian FBO Ronald J. Fishman IRA, Zachary Fishman, Daniel Ford, Donna Ford, Douglas Ford, Dwain Ford, Rick Freedman, as a representative of the Rick Martin Freedman Trust, Jeffrey Friedman, as representative of the Jeffrey R Friedman Revocable Trust, Robert M Gale, Stanley Gottlieb, Paul Gougelman, Billy E. Grace and Glena C. Grace, as representatives of The Grace Family Trust, Ralph Gracia, Jerry L Hall, Darren A Hearns, Paula Heggerick, Scott Hill, Patricia S Horvath, Jaffe Revocable Living Trust, Marshall Katzman, Harvey Levin, Glen Lundahl, Roberta Lundahl, Raymond Lutze, Kevin M. Lyons, Stuart P. Miller, Margaret Milstead, as a representative of MArgaret M. Milstead LT, Donald S. Monopoli, Laura E. Monopoli, James O'Malley, Juan Pardo de Zela, Louis R. Pertz, Francie Pinkwater, Krisztina Pipo, Erik Poch, Katie Poch, Oskar R. Poch, Frank Ripa, Jackie Ripa, Ripa & Associates, LLC, Rivers Enterprises, FLLP, Nancy Rogers, as executrix for the estate of James P. Rogers and representative of Equity Trust Co. Custodian FBO JAmes P. Rogers, IRA, Allen Rubens, Howard Salamon, Jason Elliot Salamon, Pamela Salamon, Samuel Salamon, Sheri Salamon, William Daniel Salamon, Ana Schuster, Georgene Schuster, Robert Schuster, Garland Sheats, Jeffrie Silverberg, Dennis L. Smith, Kenneth Snider, Mark Sperber, Patricia Sperber, Mark Sperber as a representative of Resources Trust, Larry A. Spindler, Ronald W. Stevens, John R. Troup, Sue S. Troup, Sean Underwood, as a representative of the Underwood Living Trust, Adam White, Brittany White, Randi White, Ashley Young, Brandt Young, Laurie Young and Michael Young |
| Leslie Weiss |
| Alan D. Lasko and Lasko & Associates, P.C. |
| 1:2009cv01775 |
| March 23, 2009 |
| US District Court for the Northern District of Illinois |
| Securities/Commodities Office |
| Cook |
| Jeffrey T Gilbert |
| Securities/Commodities |
| 28 U.S.C. § 1331 Federal Question |
| Defendant |
Docket Report
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This docket was last retrieved on August 27, 2020. A more recent docket listing may be available from PACER.
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Filing 1147
NOTICE by U.S. Securities and Exchange Commission of Filing of Additional Trial Exhibits (Attachments: #1 Exhibit A, PX 287, #2 Exhibit B, PX 288, #3 Exhibit C, PX 289, #4 Exhibit D, PX 290, #5 Exhibit E, PX 291, #6 Exhibit F, PX 292, #7 Exhibit G, PX 293, #8 Exhibit H, PX 294, #9 Exhibit I, PX 295)(Moye, Robert)
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Filing 1146
NOTICE by Randall Goulding of Filing Trial Exhibit (Attachments: #1 Exhibit DX72, admitted on 1/19/18, Tr. 702, lines 4-5 -)(Berry, Eric)
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FORWARDED copies of document(s) #1145 , #1146 to the USCA (sxb, )
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Filing 1145
NOTICE by Randall Goulding (Attachments: #1 Exhibit PX63 - Report of Mari Reidy -cdated Oct. 20, 2010)(Berry, Eric)
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Filing 1144
TRANSCRIPT OF PROCEEDINGS held on 05/11/2017 before the Honorable Jeffrey T. Gilbert. Order Number: 38381. Court Reporter Contact Information: Rosemary Scarpelli, Court Reporter Coordinator, Rosemary_Scarpelli@ilnd.uscourts,gov. (312)435-5885, on behalf of Pamela Warren. 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 6/9/2020. Redacted Transcript Deadline set for 6/19/2020. Release of Transcript Restriction set for 8/17/2020. (Scarpelli, Rosemary)
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Filing 1143
TRANSMITTED to the USCA for the 7th Circuit supplemental record on appeal #1120 (USCA no. 20-1689) consisting of #1136 , #1137 , #1138 , #1139 , #1140 , #1141 (lma, )
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Filing 1142
TRANSCRIPT OF PROCEEDINGS held on 08/04/2017 before the Honorable Jeffrey T. Gilbert. Court Reporter Contact Information: Rosemary Scarpelli, Court Reporter Coordinator, Rosemary_Scarpelli@ilnd.uscourts,gov. (312)435-5885, on behalf of Blanca Lara. 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 6/8/2020. Redacted Transcript Deadline set for 6/18/2020. Release of Transcript Restriction set for 8/17/2020. (Scarpelli, Rosemary)
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Filing 1141
NOTICE by Randall Goulding (Attachments: #1 Exhibit PX3 - 3/27/08 Nutmeg Group Form ADV, #2 Exhibit PX8 - Nutmeg Client Account Value spreadsheet, #3 Exhibit PX42 - 4/10/09 Sworn Accounting of Randall Goulding, #4 Exhibit PX43 - Summary schedule of payments to Randall Goulding, #5 Exhibit PX73 - CVS Report's 12/2008 Valuation of Top 15 Securities - Mercury Fund, #6 Exhibit PX74 - 12/31/08 Comparison of CVS Report Share Equivalency v. Common Shares Outstanding, #7 Exhibit PX76 - Agreement between Sam Wayne & Nutmeg Group regarding EWAN1, Inc, #8 Exhibit PX105 - Agreement between Eric Irrgang and EWAN1, Inc., #9 Exhibit PX115 - Eric Irrgang's Customer Account Information for James I Black & Co., #10 Exhibit PX145 - Operating Agreement for The Nutmeg Group, LLC, #11 Exhibit PX146 - 7/1/05 Nutmeg Group Meeting Minutes, #12 Exhibit PX223 - 12/7/05 Penson Financial Services customer account agreement for David Goulding, #13 Exhibit PX254 - 8/2/07 Nutmeg/Mercury Fund, LLP Disclosure Memo, #14 Exhibit PX264 - 5/27/11 Email from Mackey McFarlene to Tony Garvey RE: Stock Spreadsheet)(Berry, Eric)
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Filing 1140
Exhibit List of Admitted Trial Exhibits by U.S. Securities and Exchange Commission. (Moye, Robert)
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Filing 1139
NOTICE by Randall Goulding (Attachments: #1 Exhibit PX219 - Clarification of the 6/13/08 Cancellation Agreements and Convertible Note Assignment, #2 Exhibit PX226 - 11/20/08 Memo from David Goulding to The Nutmeg Group, #3 Exhibit PX227 - 5/1/09 Memo from David Goulding to The Nutmeg Group, #4 Exhibit PX229 - 7/15/09 Memo from Dave Goulding to Randy Goulding, #5 Exhibit PX235 - 8/3/07 Email from Brandon Goulding to Dave Goulding, #6 Exhibit PX242 - 1/6/06 Stock Sales Agreement between David Goulding, Inc. and The Nutmeg Group, #7 Exhibit PX243 - 1/6/06 Stock Purchase Agreement between EWABI, Inc. and David Goulding, Inc., #8 Exhibit PX244 - 5/26/06 Stock Purchase Agreement between Nanologix, Inc. and David Samuel, LLC, #9 Exhibit PX245 - 8/14/06 Subscription Agreement in Billy Martin's USA, Inc. signed by David Samuel, LLC, #10 Exhibit PX246 - 6/10/08 Convertible Note Assignment Agreement between Physicians Healthcare Management Group, Inc. and David Samuel, LLC, #11 Exhibit PX259 - 5/2/11 Memo to Tony Garvy from Dave Goulding, #12 Exhibit PX266 - ASC 820 September 2009, #13 Exhibit PX273 - Nutmeg Subscription documents for Mercury Fund, #14 Exhibit PX276 - General Ledger for The Nutmeg Group as of 3/31/08)(Berry, Eric)
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Filing 1138
NOTICE by Randall Goulding (Attachments: #1 Exhibit PX50 - 10/8/09 Receiver's First Interim Report, #2 Exhibit PX57 - 4/23/09 Crowe Horwath Proposal to Nutmeg, #3 Exhibit PX58 - 5/7/09 Crowe Horwath Engagement Letter, #4 Exhibit PX59 - 8/31/09 Mari Reidy Update, #5 Exhibit PX60 - 8/3/10 Mari Reidy Update, #6 Exhibit PX66 - Exhibits to Second Crowe Report, #7 Exhibit PX70 - Summary of Mercury Fund and Select Investments over Time, #8 Exhibit PX71 - Nutmeg/Mercury Fund Portfolio Composition, #9 Exhibit PX72 - Portfolio Snapshots, #10 Exhibit PX125 - Checks from PMK Securities & Research, Inc. to Eric Irrgang, #11 Exhibit PX131 - Overview of The Nutmeg Group, LLC, #12 Exhibit PX181 - 3/31/08 Nutmeg Financial Statements, #13 Exhibit PX187 - PhillyFinancial.net website as of 5/2/08, #14 Exhibit PX213 - 4/27/07 Email from Dave Goulding to Todd Passini, #15 Exhibit PX216 - 4/15/07 Email from Dave Goulding to Randall Goulding and Ryan Goulding)(Berry, Eric)
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Filing 1137
NOTICE by Randall Goulding (Attachments: #1 Exhibit PX20 - Nutmeg's prove up explanation for Stealth Fund, #2 Exhibit PX21 - 9/30/08 SEC letter to Randall Goulding, #3 Exhibit PX22 - 11/25/08 Randall Goulding letter to SEC, #4 Exhibit PX23 - Mercury Fund investor statements for 2008, #5 Exhibit PX24 - Mercury Fund investor statements for 2008, #6 Exhibit PX28 - 12/4/08 SEC letter to Matthew Balson, #7 Exhibit PX32 - 6/13/08 Cancellation Agreements, #8 Exhibit PX35 - Summary schedule of payments to David Goulding, #9 Exhibit PX36 - 4/20/09 Sworn Accounting of David Samuel LLC, #10 Exhibit PX37 - 4/20/09 Sworn accounting of David Goulding LLC, #11 Exhibit PX38 - 4/20/09 Sworn accounting of David Goulding, #12 Exhibit PX44 - Summary of Randall Goulding Home Equity Line of Credit Transactions, #13 Exhibit PX46 - Tamar Fink statements, #14 Exhibit PX47 - Ralph Gracia statements, #15 Exhibit PX48 - Jeffrey Hyman statements)(Berry, Eric)
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Filing 1136
NOTICE by Randall Goulding (Attachments: #1 Exhibit PX1 - 5/7/07 The Nutmeg Group Form ADV, #2 Exhibit PX2 - 6/4/07 The Nutmeg Group Form ADV, #3 Exhibit PX6 - 8/2/07 Nutmeg/Mercury Fund Disclosure Memorandum, #4 Exhibit PX7 - 12/10/07 Stealth Fund Private Placement Memorandum, #5 Exhibit PX9 - 8/14/07 Physicians Healthcare Convertible Note, #6 Exhibit PX10 - Nutmeg's Initial List of All 3rd Party Investments, #7 Exhibit PX11 - Nutmeg's Revised List of All Investments held by third parties, #8 Exhibit PX12 - 10/28/05 RMD Note to Financial Alchemy, #9 Exhibit PX13 - Nutmeg's prove up valuation of Michael Fund, #10 Exhibit PX14 - Nutmeg's prove up valuation of Fortuna Fund, #11 Exhibit PX15 - Nutmeg's prove up valuation of Mercury Fund, #12 Exhibit PX16 - Nutmeg's prove up of Stealth Fund, #13 Exhibit PX17 - Nutmeg's prove up explanation for Michael Fund, #14 Exhibit PX18 - Nutmeg's prove up explanation for Fortuna Fund, #15 Exhibit PX19 - Nutmeg's prove up explanation for Mercury Fund)(Berry, Eric)
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Filing 1135
TRANSCRIPT OF PROCEEDINGS held on 01/30/2018 before the Honorable Jeffrey T. Gilbert. Court Reporter Contact Information: Rosemary Scarpelli, Court Reporter Coordinator, Rosemary_Scarpelli@ilnd.uscourts,gov. (312)435-5885, on behalf of Blanca Lara. 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 6/1/2020. Redacted Transcript Deadline set for 6/11/2020. Release of Transcript Restriction set for 8/10/2020. (Scarpelli, Rosemary)
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Filing 1134
TRANSCRIPT OF PROCEEDINGS held on 01/29/2018 before the Honorable Jeffrey T. Gilbert. Court Reporter Contact Information: Rosemary Scarpelli, Court Reporter Coordinator, Rosemary_Scarpelli@ilnd.uscourts,gov. (312)435-5885, on behalf of Blanca Lara. 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 6/1/2020. Redacted Transcript Deadline set for 6/11/2020. Release of Transcript Restriction set for 8/10/2020. (Scarpelli, Rosemary)
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Filing 1133
TRANSCRIPT OF PROCEEDINGS held on 01/26/2018 before the Honorable Jeffrey T. Gilbert. Court Reporter Contact Information: Rosemary Scarpelli, Court Reporter Coordinator, Rosemary_Scarpelli@ilnd.uscourts,gov. (312)435-5885, on behalf of Blanca Lara. 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 6/1/2020. Redacted Transcript Deadline set for 6/11/2020. Release of Transcript Restriction set for 8/10/2020. (Scarpelli, Rosemary)
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Filing 1132
TRANSCRIPT OF PROCEEDINGS held on 01/25/2018 before the Honorable Jeffrey T. Gilbert. Court Reporter Contact Information: Rosemary Scarpelli, Court Reporter Coordinator, Rosemary_Scarpelli@ilnd.uscourts,gov. (312)435-5885, on behalf of Blanca Lara. 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 6/1/2020. Redacted Transcript Deadline set for 6/11/2020. Release of Transcript Restriction set for 8/10/2020. (Scarpelli, Rosemary)
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Filing 1131
TRANSCRIPT OF PROCEEDINGS held on 01/25/2018 before the Honorable Jeffrey T. Gilbert. Court Reporter Contact Information: Rosemary Scarpelli, Court Reporter Coordinator, Rosemary_Scarpelli@ilnd.uscourts,gov. (312)435-5885, on behalf of Blanca Lara. 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 6/1/2020. Redacted Transcript Deadline set for 6/11/2020. Release of Transcript Restriction set for 8/10/2020. (Scarpelli, Rosemary)
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Filing 1130
TRANSCRIPT OF PROCEEDINGS held on 01/24/2018 before the Honorable Jeffrey T. Gilbert. Court Reporter Contact Information: Rosemary Scarpelli, Court Reporter Coordinator, Rosemary_Scarpelli@ilnd.uscourts,gov. (312)435-5885,on behalf of Blanca Lara. 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 6/1/2020. Redacted Transcript Deadline set for 6/11/2020. Release of Transcript Restriction set for 8/10/2020. (Scarpelli, Rosemary)
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Filing 1129
TRANSCRIPT OF PROCEEDINGS held on 01/23/2018 before the Honorable Jeffrey T. Gilbert. Court Reporter Contact Information: Rosemary Scarpelli, Court Reporter Coordinator, Rosemary_Scarpelli@ilnd.uscourts,gov. (312)435-5885, on behalf of Blanca Lara. 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 6/1/2020. Redacted Transcript Deadline set for 6/11/2020. Release of Transcript Restriction set for 8/10/2020. (Scarpelli, Rosemary)
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Filing 1128
TRANSCRIPT OF PROCEEDINGS held on 01/22/2018 before the Honorable Jeffrey T. Gilbert. Court Reporter Contact Information: Rosemary Scarpelli, Court Reporter Coordinator, Rosemary_Scarpelli@ilnd.uscourts,gov. (312)435-5885, on behalf of Blanca Lara. 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 6/1/2020. Redacted Transcript Deadline set for 6/11/2020. Release of Transcript Restriction set for 8/10/2020. (Scarpelli, Rosemary)
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Filing 1127
TRANSCRIPT OF PROCEEDINGS held on 01/19/2018 before the Honorable Jeffrey T. Gilbert. Court Reporter Contact Information: Rosemary Scarpelli, Court Reporter Coordinator, Rosemary_Scarpelli@ilnd.uscourts,gov. (312)435-5885, on behalf of Blanca Lara. 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 6/1/2020. Redacted Transcript Deadline set for 6/11/2020. Release of Transcript Restriction set for 8/10/2020. (Scarpelli, Rosemary)
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Filing 1126
TRANSCRIPT OF PROCEEDINGS held on 01/18/2018 before the Honorable Jeffrey T. Gilbert. Court Reporter Contact Information: Rosemary Scarpelli, Court Reporter Coordinator, Rosemary_Scarpelli@ilnd.uscourts,gov. (312)435-5885, on behalf of Blanca Lara. 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 6/1/2020. Redacted Transcript Deadline set for 6/11/2020. Release of Transcript Restriction set for 8/10/2020. (Scarpelli, Rosemary)
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Filing 1125
TRANSCRIPT OF PROCEEDINGS held on 01/17/2018 before the Honorable Jeffrey T. Gilbert. Court Reporter Contact Information: Rosemary Scarpelli, Court Reporter Coordinator, Rosemary_Scarpelli@ilnd.uscourts,gov. (312)435-5885, on behalf of Blanca Lara. 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 6/1/2020. Redacted Transcript Deadline set for 6/11/2020. Release of Transcript Restriction set for 8/10/2020. (Scarpelli, Rosemary)
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Filing 1124
TRANSCRIPT OF PROCEEDINGS held on 01/16/2018 before the Honorable Jeffrey T. Gilbert. Court Reporter Contact Information: Rosemary Scarpelli, Court Reporter Coordinator, Rosemary_Scarpelli@ilnd.uscourts,gov. (312)435-5885, on behalf of Blanca Lara. 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 6/1/2020. Redacted Transcript Deadline set for 6/11/2020. Release of Transcript Restriction set for 8/10/2020. (Scarpelli, Rosemary)
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Filing 1123
ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal #1120 ; USCA Case No. 20-1689 (lma, )
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Filing 1122
TRANSMITTED to the 7th Circuit the short record on notice of appeal #1120 . Notified counsel (lma, )
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Filing 1121
NOTICE of Appeal Due letter sent to counsel of record regarding notice of appeal #1120 (lma, )
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Filing 1120
NOTICE of appeal by Randall Goulding regarding orders #1094 Filing fee $ 505, receipt number 0752-16954909. Receipt number: n (Berry, Eric)
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Filing 1119
TRANSCRIPT OF PROCEEDINGS held on 12/7/2017 before the Honorable Jeffrey T. Gilbert. Order Number: 38381. Court Reporter Contact Information: Kathleen_Fennell@ilnd.uscourts.gov. |
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Filing 1118
TRANSCRIPT OF PROCEEDINGS held on 11/8/2017 before the Honorable Jeffrey T. Gilbert. Order Number: 38381. Court Reporter Contact Information: Kathleen_Fennell@ilnd.uscourts.gov. |
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Filing 1117
TRANSCRIPT OF PROCEEDINGS held on 9/15/2017 before the Honorable Jeffrey T. Gilbert. Order Number: 38381. Court Reporter Contact Information: Kathleen_Fennell@ilnd.uscourts.gov. |
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Filing 1116
TRANSCRIPT OF PROCEEDINGS held on 8/24/2017 before the Honorable Jeffrey T. Gilbert. Order Number: 38381. Court Reporter Contact Information: Kathleen_Fennell@ilnd.uscourts.gov. |
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Filing 1115
TRANSCRIPT OF PROCEEDINGS held on 6/21/2017 before the Honorable Jeffrey T. Gilbert. Order Number: 38381. Court Reporter Contact Information: Kathleen_Fennell@ilnd.uscourts.gov. |
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Filing 1114
TRANSCRIPT OF PROCEEDINGS held on 6/1/2017 before the Honorable Jeffrey T. Gilbert. Order Number: 38381. Court Reporter Contact Information: Kathleen_Fennell@ilnd.uscourts.gov. |
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Filing 1113
TRANSCRIPT OF PROCEEDINGS held on 7/14/2016 before the Honorable Jeffrey T. Gilbert. Order Number: 38381. Court Reporter Contact Information: Kathleen_Fennell@ilnd.uscourts.gov. |
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Filing 1112
FULL SATISFACTION of Judgment regarding order #1108 in the amount of $28,395 (monetary provisions only) (White, Christy)
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Filing 1111
MEMORANDUM Opinion and Order: For all the reasons discussed in the Court's Memorandum Opinion and Order, Randall's Motion for a Revised Finding of Fact, Revised Conclusions of Law, and an Amended Judgement [ECF No. 1096] is denied in its entirety. Signed by the Honorable Jeffrey T. Gilbert on 3/25/2020. Mailed notice (ber, )
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Filing 1110
REPLY by Defendant Randall Goulding to response in opposition to motion, #1104 (Attachments: #1 Exhibit A - SEC v. Seghers decision)(Berry, Eric)
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Filing 1109
MINUTE entry before the Honorable Jeffrey T. Gilbert: Civil case terminated. Mailed notice (ber, )
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Filing 1108
FINAL JUDGMENT AS TO RELIEF DEFENDANTS DAVID GOULDING, INC. AND DAVID SAMUEL, LLC. Signed by the Honorable Jeffrey T. Gilbert on 1/30/2020. Mailed notice(ber, )
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Filing 1107
FINAL JUDGMENT AS TO DEFENDANT DAVID GOULDING. With respect to the issue of payment referenced in the Notice of Filing of Proposed Orders #1106 at paragraph 2, nothing in the final judgment order prevents Plaintiff Securities and Exchange Commission and Defendant David Goulding from agreeing to a payment plan for the disgorgement award. Further, nothing in the final judgment order requires the SEC to enforce the judgment at any time commencing 30 days after its entry. The language in the final judgment simply does not authorize the SEC to move to enforce the judgment or institute collection procedures authorized by law until at least the expiration of 30 days after entry of the final judgment order. Signed by the Honorable Jeffrey T. Gilbert on 1/30/2020. Mailed notice(ber, )
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Filing 1106
NOTICE by U.S. Securities and Exchange Commission of Filing of Proposed Final Judgment Orders against Defendant David Goulding, and Relief Defendants David Goudling, Inc. and David Samuel, LLC (Attachments: #1 Exhibit 1, Proposed Judgment against David Goulding, #2 Exhibit 2, Proposed Judgment against DGI and DSLLC, #3 Exhibit David Goulding PJI, #4 Exhibit 4, DGI and David Samuel PJI)(Moye, Robert)
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Filing 1105
MEMORANDUM Opinion and Order: For all the reasons discussed in the Court's Memorandum Opinion and Order, Plaintiff SEC's Motion for Disgorgement Against David Goulding, David Goulding, Inc., and David Samuel, LLC ("Motion") [ECF No. 1036] is granted. David and the Relief Defendants each shall disgorge the amounts set forth in the body of this Memorandum Opinion and Order together with prejudgment interest on those amounts calculated at the stated rates. The parties shall meet and confer and submit by January 29, 2020, proposed orders that include the disgorgement awards and a calculation of pre-judgment interest through and including the date the orders are submitted. Signed by the Honorable Jeffrey T. Gilbert on 1/21/2020. Mailed notice(ber, )
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Filing 1104
RESPONSE by U.S. Securities and Exchange Commissionin Opposition to MOTION by Defendant Randall Goulding to amend/correct a Finding of Fact, Conclusions of Law and the Judgment #1096 (Attachments: #1 Exhibit 1, Pre-Trial Transcript)(Moye, Robert)
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Filing 1103
MINUTE entry before the Honorable Jeffrey T. Gilbert: Plaintiff's Agreed Motion for an Extension of Time #1101 is granted. Plaintiff SEC shall file its response by 1/17/20. Defendant Goulding shall file his reply by 2/4/20. The motion hearing noticed for 1/16/20 is stricken with no appearance required. Mailed notice (ber, )
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Filing 1102
NOTICE of Motion by Robert MacDonald Moye for presentment of extension of time #1101 before Honorable Jeffrey T. Gilbert on 1/16/2020 at 09:15 AM. (Moye, Robert)
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Filing 1101
MOTION by Plaintiff U.S. Securities and Exchange Commission for extension of time to respond to Defendant's Motion to Revise Findings of Fact and Law and Amend Judgment (Moye, Robert)
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Filing 1100
NOTICE by Randall Goulding re MOTION by Defendant Randall Goulding to amend/correct a Finding of Fact, Conclusions of Law and the Judgment #1096 Notice of Withdrawal of an argument in support of Goulding's Rule 59 motion (Attachments: #1 Declaration explaining the the withdrawal of an argument in support of Goulding's Rule 59 motion, #2 Exhibit 1 - Wire Transfer Advise (1/22/04), #3 Exhibit 2 - Wire Transfer Advise (1/29/04), #4 Exhibit 3 - excerpt RSG personal checking A/C statement (1/23/04), #5 Exhibit 4 - excerpt RSG personal checking A/C stmt (1/30/04), #6 Exhibit 5 - RSG Foresight Brokerage statement (Jan. 2004), #7 Exhibit 6 - Nanobac Prices (Jan. 2004))(Berry, Eric)
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Filing 1099
MINUTE entry before the Honorable Jeffrey T. Gilbert: The Court sets the following briefing schedule on Defendant Randall Goulding's Motion for a Revised Finding of Fact, Revised Conclusions of Law and an Amended Judgment #1096 : Plaintiff SEC shall respond by 1/10/20. Defendant Goulding shall reply by 1/24/20. The motion hearing noticed for 12/19/19 is stricken with no appearance required. Mailed notice (ber, )
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Filing 1098
NOTICE of Motion by Eric W. Berry for presentment of motion to amend/correct #1096 before Honorable Jeffrey T. Gilbert on 12/19/2019 at 09:15 AM. (Berry, Eric)
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Filing 1097
MEMORANDUM by Randall Goulding in support of motion to amend/correct #1096 a Finding of Fact, Conclusions of Law and the Judgment (Berry, Eric)
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Filing 1096
MOTION by Defendant Randall Goulding to amend/correct a Finding of Fact, Conclusions of Law and the Judgment (Attachments: #1 Exhibit A - Nutmeg's Checking Account Statement at LaSalle Bank for January 2004)(Berry, Eric)
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Filing 1095
NOTICE by Randall Goulding of Filing unreported decisions in December 10, 2019 memorandum of law in support of Rule 59 motion (Berry, Eric)
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Filing 1094
FINAL JUDGMENT AS TO DEFENDANT RANDALL GOULDING. Signed by the Honorable Jeffrey T. Gilbert on 11/12/2019. Mailed notice(ber, )
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Filing 1093
NOTICE by Securities And Exchange Commission of filing of proposed judgment order (Attachments: #1 Exhibit Proposed Judgment Order, #2 Exhibit Calculation of Prejudgment Interest)(Moye, Robert) (Docket Text modified by Clerk's Office on 11/8/2019) (lma, ).
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Filing 1092
Addendum to Receiver's Final Report (Dkt. 1080-1) by Leslie Weiss (Attachments: #1 Supplement)(Driscoll, Kevin)
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Filing 1091
ORDER Approving the Proposed Final Report, Discharging the Receiver and Closing the Receivership signed by the Honorable Jeffrey T. Gilbert on 10/28/2019. Hearing set on 10/30/2019 is stricken. Mailed notice(sxw, )
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Filing 1090
MINUTE entry before the Honorable Jeffrey T. Gilbert: Further to the Court's prior order #1089 , if the parties do not agree on the language in the proposed order, Plaintiff's filing should explain the nature of any dispute. Mailed notice (ber, )
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Filing 1089
MINUTE entry before the Honorable Jeffrey T. Gilbert: In accordance with paragraph 72 of the Conclusions of Law #1085 entered today, Plaintiff Securities and Exchange Commission shall, by November 1, 2019, provide to Defendant Randall Goulding, for his review, comment, and approval, a draft of a proposed final judgment order that is consistent in all respects with the Court's Findings of Fact and Conclusions of Law #1085 . The draft order shall include a calculation of prejudgment interest. By November 8, 2019, Plaintiff shall file a proposed final judgment order. Mailed notice (ber, ) Modified on 10/25/2019 (ber, ).
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Filing 1088
FINAL JUDGMENT AS TO DEFENDANT THE NUTMEG GROUP, LLC. Signed by the Honorable Jeffrey T. Gilbert on 10/25/2019. Mailed notice(ber, )
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Filing 1087
MINUTE entry before the Honorable Jeffrey T. Gilbert: Plaintiff's Motion For Entry of Default and for a Final Judgment Against Nutmeg Group, LLC #1073 is granted. Enter Judgment Order. Mailed notice (ber, )
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Filing 1086
MINUTE entry before the Honorable Jeffrey T. Gilbert: Defendant Randall Goulding's oral motion for judgment as a matter of law pursuant to Federal Rule of Civil Procedure 50(a) made on 1/24/18 (Trial Transcript 1230:2-18) which was taken under advisement (Trial Transcript 1249:17-20, 1252:20-22) is denied. Mailed notice (ber, )
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Filing 1085
FINDINGS OF FACT AND CONCLUSIONS OF LAW. Signed by the Honorable Jeffrey T. Gilbert on 10/25/2019. Mailed notice(ber, ) Modified on 10/29/2019 to correct the name of Defendant's expert witness from Peter Greene to Craig L. Greene.(ber, ).
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Filing 1084
MINUTE entry before the Honorable Jeffrey T. Gilbert: Enter Findings of Fact and Conclusions of Law. Mailed notice (ber, )
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Filing 1083
RESPONSE by U.S. Securities and Exchange Commissionin Support of MOTION by Receiver Leslie Weiss Receiver's Motion to Terminate the Receivership #1080 (Moye, Robert)
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Filing 1082
MINUTE entry before the Honorable Jeffrey T. Gilbert: The hearing on Receiver's Motion to Terminate the Receivership #1080 noticed for 10/17/19 at 9:15 a.m. is reset to 10/30/19 at 10:30 a.m. Any response shall be filed by 10/18/19. Any reply shall be filed by 10/25/19. Mailed notice (ber, )
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Filing 1081
NOTICE of Motion by Kevin Charles Driscoll, Jr for presentment of motion for miscellaneous relief #1080 before Honorable Jeffrey T. Gilbert on 10/17/2019 at 09:15 AM. (Driscoll, Kevin)
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Filing 1080
MOTION by Receiver Leslie Weiss Receiver's Motion to Terminate the Receivership (Attachments: #1 Supplement Receiver's Proposed Order)(Driscoll, Kevin)
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Filing 1079
MINUTE entry before the Honorable Jeffrey T. Gilbert: Receiver's Motion to Pay Alan D. Lasko & Associates, P.C. for Tax Services #1077 is granted. Receiver Leslie J. Weis is authorized to pay $15,000 of the $34,189.94 in requested compensation to Alan D. Lasko & Associates, P.C. and to pay the remainder when and if the estate has sufficient funds to do so. If the Receiver wants the Court to enter an order in addition to this docket entry, she shall submit an order to the Court's proposed order email address at Proposed_Order_Gilbert@ilnd.uscourts.gov. The motion hearing noticed for 6/27/19 at 9:15 a.m. is stricken with no appearance required. Mailed notice (ber, )
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Filing 1078
NOTICE of Motion by Kevin Charles Driscoll, Jr for presentment of motion for miscellaneous relief #1077 before Honorable Jeffrey T. Gilbert on 6/27/2019 at 09:15 AM. (Driscoll, Kevin)
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Filing 1077
MOTION by Receiver Leslie Weiss Receiver's Motion to Pay Alan D. Lasko & Associates, P.C. for Tax Services (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Driscoll, Kevin)
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Filing 1076
Transcript of Trial Testimony on January 19, 2018 by Randall Goulding (Berry, Eric)
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Filing 1075
MINUTE entry before the Honorable Jeffrey T. Gilbert: Plaintiff's Motion for Entry of Default, and for a Final Judgment Against The Nutmeg Group, LLC #1073 is taken under advisement. The motion hearing noticed for 6/7/18 is stricken with no appearances required. Mailed notice (ber, )
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Filing 1074
NOTICE of Motion by Robert MacDonald Moye for presentment of motion for default judgment #1073 before Honorable Jeffrey T. Gilbert on 6/7/2018 at 09:15 AM. (Moye, Robert)
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Filing 1073
MOTION by Plaintiff Securities And Exchange Commission for default judgment as to Defendant The Nutmeg Group, LLC (Attachments: #1 Exhibit Proposed Injunctive Relief)(Moye, Robert)
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Filing 1072
REPLY by Plaintiff Securities And Exchange Commission to memorandum in support of motion #1037 , motion for judgment #1036 of Disgorgement against David Goudling, Davoid Goulding, Inc. and David Samuel LLC (Moye, Robert)
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Filing 1071
MINUTE entry before the Honorable Jeffrey T. Gilbert: In light of parties' Stipulation #1070 , the Court sets the following revised briefing schedule: On or before 5/11/18, the SEC shall file its reply brief. Mailed notice (ber, )
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Filing 1070
STIPULATION to Extend Time for SEC to File Reply in Support of Motion for Disgorgement against David Goulding (Moye, Robert)
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Filing 1069
MINUTE entry before the Honorable Jeffrey T. Gilbert: Defendants' Motion to Cure Late Filing of Response in Opposition to Plaintiff's Memorandum in Support of Motion for Disgorgement and Errata Thereto #1068 is granted without opposition from Plaintiff. Mailed notice (ber, )
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Filing 1068
MOTION by Defendants David Goulding, INC, David Samuel, LLC, David Samuel GouldingMOTION TO CURE LATE FILING OF RESPONSE IN OPPOSITION TO PLAINTIFFS MEMORANDUM IN SUPPORT OF MOTION FOR DISGORGEMENT AND ERRATA THERETO (Thomas, Byron)
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Filing 1067
AMENDED memorandum in opposition to motion, #1066 ERRATA TO RESPONSE IN OPPOSITION TO PLAINTIFFS MEMORANDUM IN SUPPORT OF MOTION FOR DISGORGEMENT (Attachments: #1 Errata Errata to Trial Transcript of Ryan Goulding)(Thomas, Byron)
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Filing 1066
RESPONSE in Opposition to Plaintiff's memorandum in support of motion for disgorgement #1036 (Attachments: #1 Exhibit Declaration of David Goulding, #2 Exhibit Declaration of Randall Goulding, #3 Exhibit Trial Transcript of Dan Goulding, #4 Exhibit Trial Transcript of Ryan Goulding)(Thomas, Byron). (Docket text modified by the Clerk's Office) Modified on 4/24/2018 (mc, ).
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Filing 1065
RESPONSE by David Goulding, INC, David Samuel, LLC, David Samuel Gouldingin Opposition to MOTION by Plaintiff Securities And Exchange Commission for judgment of disgorgement against David Goulding, David Goulding, Inc. and David Samuel, LLC #1036 RESPONSE IN OPPOSITION TO PLAINTIFFS MEMORANDUM IN SUPPORT OF MOTION FOR DISGORGEMENT (Thomas, Byron)
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Filing 1064
MINUTE entry before the Honorable Jeffrey T. Gilbert: In light of the parties' stipulation #1063 , the Court sets the following revised briefing schedule: On or before 4/20/18, David Goulding shall file his response brief and supporting materials. On or before 5/4/18, the SEC shall file its reply brief. Mailed notice (ber, )
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Filing 1063
STIPULATION regarding terminate motion and R&R deadlines/hearings,, set motion and R&R deadlines/hearings, #1062 STIPULATION TO EXTEND TIME TO RESPOND TO POST-TRIAL BREIF AS TO DEFENDANT DAVID GOULDING (Thomas, Byron)
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Filing 1062
MINUTE entry before the Honorable Jeffrey T. Gilbert: In light of the parties' stipulation #1061 , the Court sets the following revised briefing schedule: On or before 4/18/18, David Goulding shall file his response brief and supporting materials. On or before 5/2/18, the SEC shall file its reply brief. Mailed notice (ber, )
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Filing 1061
STIPULATION STIPULATION TO EXTEND TIME TO RESPOND TO POST-TRIAL BREIF AS TO DEFENDANT DAVID GOULDING (THIRD AND FINAL REQUEST) (Thomas, Byron)
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Filing 1060
MINUTE entry before the Honorable Jeffrey T. Gilbert: Based upon the parties' stipulation #1059 , the Court modifies the previously revised briefing schedule as follows: on or before 4/16/18, David Goulding shall file his response brief and supporting materials. On or before 4/30/18, the SEC shall file its reply brief. Mailed notice (ber, )
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Filing 1059
STIPULATION regarding stipulation #1055 , memorandum in support of motion #1037 STIPULATION TO EXTEND TIME TO RESPOND TO POST-TRIAL BREIF AS TO DEFENDANT DAVID GOULDING (Thomas, Byron)
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Filing 1058
TRIAL Brief Goulding's Post Trial Reply by Randall Goulding (Berry, Eric)
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Filing 1057
RESPONSE by Plaintiff Securities And Exchange Commission to trial brief #1048 of Defendant Randall Goulding (Moye, Robert)
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Filing 1056
MINUTE entry before the Honorable Jeffrey T. Gilbert: In light of the parties' stipulation #1055 , the Court sets the following revised briefing schedule: on or before 4/9/18, David Goulding shall file his response brief and supporting materials. On or before 4/23/18, the SEC shall file its reply brief. Mailed notice (ao,)
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Filing 1055
STIPULATION regarding text entry, #1029 , memorandum in support of motion #1037 TO EXTEND TIME TO RESPOND TO POST-TRIAL BREIF AS TO DEFENDANT DAVID GOULDING (Thomas, Byron)
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Filing 1054
MINUTE entry before the Honorable Jeffrey T. Gilbert:Defendant's Motion to Cure Late Filing of Goulding's Proposed Findings of Fact and Conclusions of Law Nunc Pro Tunc #1050 is granted in part and denied in part. Defendant is granted leave to file his Post-Trial Proposed Findings of Fact and Conclusions of Law #1049 as filed on March 17, 2018. Defendant's request to modify the March 7, 2018 Scheduling Order nunc pro tunc is denied as unnecessary. The motion hearing noticed for 3/22/18 at 9:15 a.m. is stricken with no appearance required. Mailed notice (lxs, )
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Filing 1053
DECLARATION by Eric W. Berry. (Attachments: #1 Exhibit 1 - Mr. Moye's statement of non-opposition)(Berry, Eric). (Docket text modified by the Clerk's Office). Modified on 3/20/2018 (mc, ).
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Filing 1052
Proposed Order Modifying Briefing Schedule by Randall Goulding Nunc Pro Tunc to Permit Late Filing of Goulding's Post-Trial Proposed Findings of Fact and Conclusions of Law (Berry, Eric)
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Filing 1051
NOTICE of Motion by Eric W. Berry for presentment of motion by filer to set a briefing schedule #1050 before Honorable Jeffrey T. Gilbert on 3/22/2018 at 09:15 AM. (Berry, Eric)
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Filing 1050
MOTION by Defendant Randall Goulding to set a briefing schedule and cure late filing of Doc. No. 1049 (Berry, Eric)
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Filing 1049
Post-Trial Proposed Findings of Fact and Conclusions of Law by Randall Goulding (Berry, Eric)
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Filing 1048
TRIAL Brief Second Corrected Trial Brief to fix miscitation on. p. 18 by Randall Goulding (Berry, Eric)
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Filing 1047
TRIAL Brief Corrected Trial Brief - correcting citation on p. 13 by Randall Goulding (Berry, Eric)
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Filing 1046
APPENDIX trial brief #1045 Appendix of FASB, SEC and SBA Valuation Guidance Standards (Attachments: #1 Exhibit Tab 1 - SECs ASR 113, released October 21,1969, #2 Exhibit Tab 2 - SECs ASR 118, released December 23, 1970, #3 Exhibit Tab 3 - Statement of a Deriviative Impact of Daily Transaction Volume on Assessment of Whether an Asset is Readily Convertible to Cash (FASB Statement 133), #4 Exhibit Tab 4 - Summary of Statement 157 - Fair Value Measurements, #5 Exhibit Tab 5 - Accounting Standards Code 470-20-25 - Debt with Conversion and Other Options - Recognition, #6 Exhibit Tab 6 - Accounting Standards Code 470-20-30 - Debt with Conversion and Other Options - Initial Measurement, #7 Exhibit Tab 7 - Accounting Standards Code 470-20-55 - Debt with Conversion and Other Options - Implementation Guidance and Illustrations, #8 Exhibit Tab 8 - Accounting Standards Code 480-10-55 - Distinguishing Liabilities from Equity - Overall - Implementation Guidance and Illustrations, #9 Exhibit Tab 9 - Accounting Standards Code 480-10-25 - Distinguishing Liabilities from Equity - Overall - Recognition, #10 Exhibit Tab 10 - Accounting Standards Code 820-10-05 - Fair Value Measurement - Overall - Over view and Background, #11 Exhibit Tab 11 - Accounting Standards Code 815-10-55 - Derivatives and Hedging - Overall - Implementation Guidance and Illustrations, #12 Exhibit Tab 12 - Accounting Standards Code 946-20-45 - Financial Services - Investment Company Activities - Other Presentation Matters, #13 Exhibit Tab 13 - Small Business Administration, Appendix 15: Valuation Guidelines for Small Business Investment Companies 148 (Aug. 3, 1999))(Berry, Eric)
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Filing 1045
TRIAL Brief Randall Goulding's PostTrial Brief by Randall Goulding (Berry, Eric)
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Filing 1044
Proposed Findings of Fact and Conclusions of Law by Securities And Exchange Commission (Moye, Robert)
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Filing 1043
DECLARATION of Ann Tushaus regarding trial brief #1042 (Attachments: #1 Exhibit 1, Summary of ill-gotten gains, #2 Exhibit 2, PJI calculation, #3 Exhibit 3, alternative summary of ill-gotten gains, #4 Exhibit 4, Alternative PJI calculation)(Moye, Robert)
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Filing 1042
TRIAL Brief by Securities And Exchange Commission (Moye, Robert)
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Filing 1041
MINUTE entry before the Honorable Jeffrey T. Gilbert: Defendant's Agreed Motion to Modify the Scheduling Order #1035 Entered on February 27, 2018 #1039 is granted. The parties' opening post-trial briefs and final proposed findings of fact and conclusions of law shall be filed by 3/16/18. The parties' responsive post trial briefs shall be filed by 3/30/18. The motion hearing noticed for 3/13/18 at 9:15 a.m. is stricken with no appearance required. Mailed notice (ber, )
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Filing 1040
NOTICE of Motion by Eric W. Berry for presentment of motion by filer to set a briefing schedule #1039 before Honorable Jeffrey T. Gilbert on 3/13/2018 at 09:15 AM. (Berry, Eric)
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Filing 1039
MOTION by Defendant Randall Goulding to set a briefing schedule modifying the schedule ordered on February 27, 2018 (Attachments: #1 Exhibit 1 - Proposed Order)(Berry, Eric)
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Filing 1038
DECLARATION of an Ann Tushaus in support of motion for disgorgement against David Goulding, David Goulding, Inc. and David Samuel, LLC #1036 Declaration of Ann Tushaus (Attachments: #1 Exhibit 1, Payments to David Goulding, #2 Exhibit 2, Prejudgment interest calculation, #3 Exhibit 3, David Goulding Inc. fees, #4 Exhibit 4, David Samuel fees, #5 Exhibit 5, Davoid Goulding prejudgment interest calculation, #6 Exhibit 6, David Samuel prejudgment interest calculation)(Moye, Robert) . (Docket text modified by the Clerk's office) Modified on 3/6/2018 (mc, ).
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Filing 1037
MEMORANDUM by Securities And Exchange Commission in support of motion for judgment #1036 against David Goulding, David Goulding, Inc. and David Samuel, LLC (Attachments: #1 Exhibit 1, Excerpts from Trial Transcript)(Moye, Robert)
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Filing 1036
MOTION by Plaintiff Securities And Exchange Commission for judgment of disgorgement against David Goulding, David Goulding, Inc. and David Samuel, LLC (Moye, Robert)
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Filing 1035
MINUTE entry before the Honorable Jeffrey T. Gilbert: Plaintiff's Agreed Motion for an Extension of Time to File Post-Trial Briefs #1033 is granted. The parties' opening post-trial briefs and final proposed findings of fact and conclusions of law shall be filed by 3/12/18. The parties' responsive post trial briefs shall be filed by 3/27/18. The motion hearing noticed for 3/1/18 at 9:15 a.m. Mailed notice (ber, )
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Filing 1034
Agreed NOTICE of Motion by Robert MacDonald Moye for presentment of extension of time #1033 before Honorable Jeffrey T. Gilbert on 3/1/2018 at 09:15 AM. (Moye, Robert)
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Filing 1033
MOTION by Plaintiff Securities And Exchange Commission for extension of time to file post-trial briefs (Moye, Robert)
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Filing 1032
NOTICE by Randall Goulding of Filing of Evidence to Supplement Trial Record (Attachments: #1 Exhibit A - Greene Report, #2 Exhibit B - Exhibits to Greene Report, #3 Exhibit C - Desingations of Reidy Deposition Testimony)(Berry, Eric)
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Filing 1031
NOTICE by Securities And Exchange Commission of Filing of Mari Reidy report, exhibits and related deposition testimony (Attachments: #1 Exhibit 1, Crowe Report, #2 Exhibit 2, Exhibits to Crowe Report, #3 Exhibit 3, Mari Reidy deposition testimony)(Moye, Robert)
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Filing 1030
NOTICE by Securities And Exchange Commission of Deposition Designations (Attachments: #1 Exhibit 1 (Deposition Transcript Excerpts))(Hanauer, Benjamin)
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Filing 1029
MINUTE entry before the Honorable Jeffrey T. Gilbert: The Court enters the parties' proposed briefing schedule regarding the SEC's claims for remedies against Defendant David Goulding #1028 . On or before 3/5/18, the SEC shall file its request for remedies and supporting materials. On or before 4/2/18, David shall file his response brief and supporting materials. On or before 4/16/18, the SEC shall file its reply brief. Mailed notice (ber, )
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Filing 1028
STIPULATION Regarding Briefing Schedule on David Goulding Remedies Issue (Moye, Robert)
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Filing 1027
ORDER: Continued bench trial held on and concluded on January 30, 2018. This Order memorializes certain procedural rulings made, and post-trial filing dates set, during the proceeding. See attached Statement for further details. Signed by the Honorable Jeffrey T. Gilbert on 1/31/2018. Mailed notice(ber, )
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Filing 1026
MEMORANDUM by Securities And Exchange Commission Regarding Undisclosed Expert Opinions (Moye, Robert)
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Filing 1025
MINUTE entry before the Honorable Jeffrey T. Gilbert: Bench trial held on 1/29/18 and continued to 1/30/18 at 11:15 a.m. Mailed notice (ber, )
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Filing 1023
NOTICE by Randall Goulding Relating to the testimony of Greene and Reidy, and Doc. No. 1022 (Berry, Eric)
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Filing 1022
MINUTE entry before the Honorable Jeffrey T. Gilbert: Bench trial held on 1/26/18 and continued to 1/29/18 at 9:30 a.m. In addition, assuming that witnesses Anthony Garvey and Peter Hickey testify on Monday, 1/29/18, the Court would like each party to sum up briefly on Tuesday, 1/30/18, focusing on what each party believes the evidence has shown to date and what it will show if the parties are given the opportunity to submit evidence from witnesses Craig Greene and Mari Reidy either live or by submission of their written reports on the matters the Court discussed with the parties last week with a supporting declaration or declarations. For the parties information, on Tuesday, 1/30/18, the Court may be able to re-commence trial as early as 11:15 a.m. Mailed notice (Gilbert, Jeffrey)
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Filing 1024
MINUTE entry before the Honorable Jeffrey T. Gilbert: Bench trial held on 1/26/18 and continued to 1/29/18 at 9:30 a.m. Mailed notice (ber, )
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Filing 1021
MINUTE entry before the Honorable Jeffrey T. Gilbert: Bench trial held on 1/25/18 and continued to 1/26/18 at 9:30 a.m. Mailed notice (ber, )
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Filing 1020
MINUTE entry before the Honorable Jeffrey T. Gilbert: Bench trial held on 1/24/18 and continued to 1/25/18 at 9:30 a.m. Mailed notice (ber, )
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Filing 1019
MINUTE entry before the Honorable Jeffrey T. Gilbert: Bench trial held on 1/23/18 and continued to 1/24/18 at 9:45 a.m. Mailed notice (ber, )
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Filing 1018
DECLARATION regarding trial brief, #1017 Declaration in Support of Motion to Admit DX 79 (Berry, Eric)
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Filing 1017
TRIAL Brief Seccond Supplemental Trial Brief Concerning Admissibility of DX 79 by Randall Goulding (Attachments: #1 Exhibit Defs' Propsed Trial Ex. 79, #2 Exhibit A - Jan. 5, 2018 email from Eric Berry to Dan Rosen attaching DX 79)(Berry, Eric)
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Filing 1016
MEMORANDUM of Law concerning the admission of summary exhibits by Securities And Exchange Commission (Moye, Robert). (Docket test modified by the Clerk's Office). Modified on 1/24/2018 (mc, ).
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Filing 1015
MINUTE entry before the Honorable Jeffrey T. Gilbert: Bench trial held on 1/22/18 and continued to 1/23/18 at 9:30 a.m. Mailed notice (ber, )
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Filing 1013
TRIAL Brief /Supplemental Trial Memo by Randall Goulding (Berry, Eric)
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Filing 1014
MINUTE entry before the Honorable Jeffrey T. Gilbert: Bench trial held on 1/19/18 and continued to 1/22/18 at 9:30 a.m. Mailed notice (ber, )
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Filing 1012
TRANSCRIPT OF PROCEEDINGS held on December 1, 2017, before the Honorable Jeffrey T. Gilbert. Order Number: 29346. Court Reporter Contact Information: Laura LaCien, 312-408-5032, laura_lacien@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 2/9/2018. Redacted Transcript Deadline set for 2/20/2018. Release of Transcript Restriction set for 4/19/2018. (Lacien, Laura)
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Filing 1011
MINUTE entry before the Honorable Jeffrey T. Gilbert: Bench trial held on 1/18/18 and continued to 1/19/18 at 9:15 a.m. Mailed notice (ber, )
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Filing 1010
STIPULATIONS OF FACT. Signed by the Honorable Jeffrey T. Gilbert on 1/18/2018. Mailed notice(ber, )
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Filing 1009
MINUTE entry before the Honorable Jeffrey T. Gilbert: Bench trial held on 1/17/18 and continued to 1/18/18 at 09:30 a.m. Mailed notice (ber, )
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Filing 1008
ATTORNEY Appearance for Defendant Randall Goulding by Steven B. Nagler (mc, )
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Filing 1007
JUDGMENT AS TO RELIEF DEFENDANTS FINANCIAL ALCHEMY, LLC; PHILLY FINANCIAL, LLC; AND ERIC IRRGANG. Signed by the Honorable Jeffrey T. Gilbert on 1/16/2018. Mailed notice (ber, )
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Filing 1006
MINUTE entry before the Honorable Jeffrey T. Gilbert: Motion hearing held on 1/16/18. Plaintiff's Motion to Approve Settlements with Relief Defendants Financial Alchemy, LLC; Philly Financial, LLC; and Eric Irrgang #995 is granted to the extent that the Court will enter the Judgment Order agreed to by the parties. Enter Judgment Order. Plaintiff's Motion to Dismiss Certain Aiding and Abetting Claims against Randall Goulding #998 is granted. Counts IV, V, VI, and VIII of the Amended Complaint #314 are dismissed without prejudice as against Defendant Randall Goulding. Bench trial begun on 1/16/18 and continued to 1/17/18 at 9:30 a.m. Mailed notice (ber, )
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Filing 1005
ATTORNEY Appearance for Defendant Randall Goulding by Steven B. Nagler Limited per court Minute entry (992) (Nagler, Steven)
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Filing 1004
NOTICE of Motion by Jamie S. Franklin for presentment of before Honorable Jeffrey T. Gilbert on 1/18/2018 at 09:15 AM. (Franklin, Jamie)
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Filing 1003
STIPULATION (Hanauer, Benjamin)
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Filing 1002
MINUTE entry before the Honorable Jeffrey T. Gilbert: Motion of Jamie S. Franklin to Withdraw as Counsel #1000 is granted. The appearance of attorney Jamie S. Franklin on behalf of Defendant Randall Goulding is withdrawn. The motion hearing noticed for 1/25/18 at 9:15 a.m. #1001 is stricken with no appearance required. Notices mailed. (psm, )
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Filing 1001
NOTICE of Motion by Jamie S. Franklin for presentment of motion to withdraw as attorney #1000 before Honorable Jeffrey T. Gilbert on 1/25/2018 at 09:15 AM. (Franklin, Jamie)
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Filing 1000
MOTION by Attorney Jamie S. Franklin to withdraw as attorney for Randall Goulding. No party information provided (Franklin, Jamie)
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Filing 999
SEC's NOTICE of Motion by Andrew Charles Shoenthal for presentment of motion to dismiss #998 before Honorable Jeffrey T. Gilbert on 1/16/2018 at 09:15 AM. (Shoenthal, Andrew)
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Filing 998
MOTION by Plaintiff Securities And Exchange Commission to dismiss Aiding and Abetting Charges Against Randall Goulding (Shoenthal, Andrew)
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Filing 997
MINUTE entry before the Honorable Jeffrey T. Gilbert: The Court enters the parties' proposed Final Pretrial Order #921 subject to the Court's rulings during the pretrial conferences and hearings held on 10/6/17 #928 , 11/8/17 #942 , 12/1/17 #956 , 12/7/17 #960 , and 1/9/18 #992 ; additional pretrial orders issued by the Court [936, 952, 953]; and the parties' supplemental filings [927, 934, 935, 938, 939, 946, 947, 972, 980, 981, 982, 983]. Mailed notice (ber, )
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Filing 996
SEC's NOTICE of Motion by Andrew Charles Shoenthal for presentment of motion for settlement, #995 before Honorable Jeffrey T. Gilbert on 1/16/2018 at 09:15 AM. (Shoenthal, Andrew)
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Filing 995
MOTION by Plaintiff Securities And Exchange Commission for settlement as to Philly Financial, LLC; Financial Alchemy, LLC; and Eric Irrgang (Attachments: #1 Exhibit 1 - Proposed Judgment as to Philly Financial, Financial Alchemy, and Eric Irrgang, #2 Exhibit 2 - Consent of Financial Alchemy LLC, #3 Exhibit 3 - Consent of Philly Financial LLC, #4 Exhibit 4 - Consent for Eric Irrgang)(Shoenthal, Andrew)
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Filing 994
JUDGMENT AS TO RELIEF DEFENDANTS DAVID GOULDING, INC. AND DAVID SAMUEL, LLC. Signed by the Honorable Jeffrey T. Gilbert on 1/10/2018. Mailed notice(ber, )
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Filing 993
JUDGMENT AS TO DEFENDANT DAVID GOULDING. Signed by the Honorable Jeffrey T. Gilbert on 1/10/2018. Mailed notice(ber, )
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Filing 992
MINUTE entry before the Honorable Jeffrey T. Gilbert: Motion hearing held on 1/9/18. Plaintiff's Motion for Approval of Bifurcated Settlements #985 is granted to the extent that the Court will enter the agreed consent judgments with Defendants David Goulding, David Goulding, Inc., and David Samuel LLC. Plaintiff's Motion to Prohibit Defendants Counsel from Cross-Examining Kenneth Fink #988 is granted without opposition with respect to Kenneth Fink and is denied by agreement of the parties with respect to Ralph Gracia. Attorney Steven B. Nagler, currently counsel of record in this case for certain Relief Defendants, is granted leave to make a limited appearance as trial counsel for Defendant Randall Goulding for the limited purpose of Mr. Fink's examination and cross-examination. As set forth in the Declaration filed by Eric Berry #991 , the SEC now does not object to Mr. Berry cross-examing Mr. Gracia at trial. The Court has reviewed the SEC's Proposed Order Deeming Undisputed Facts Established for Purposes of Trial #959 and Defendant Randall Goudling's Obejections thereo #974 . The Court declines to enter the SEC's Proposed Order in light of Defendant Goulding's objections. Given that Defendant Goulding does not object to many of the SEC's proposed facts, however, the parties shall file on or before the first day of trial a stipulation that lists certain facts that will not be disputed at trial in light of the of parties' filings #959 #974 . Mailed notice (ber, )
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Filing 991
RESPONSE by Defendant Randall Goulding to motion for miscellaneous relief #988 Consent to Motion (Attachments: #1 Exhibit 1 - Ralph Gracia email)(Berry, Eric)
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Filing 990
MINUTE entry before the Honorable Jeffrey T. Gilbert: Attorney Eric Berry and any Defendant that opposes Plaintiff's Motion to Prohibit Defendant's Counsel from Cross-Examining Kenneth Fink #988 shall respond by noon on 1/8/18. Mailed notice (ber, )
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Filing 989
NOTICE of Motion by Robert MacDonald Moye for presentment of motion for miscellaneous relief #988 before Honorable Jeffrey T. Gilbert on 1/9/2018 at 09:15 AM. (Moye, Robert)
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Filing 988
MOTION by Plaintiff Securities And Exchange Commissionto prohibit Defendant's counsel from cross-examining Investor (Attachments: #1 Exhibit 1, Fink email, #2 Exhibit 2, Rosen email)(Moye, Robert)
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Filing 987
NOTICE of Motion by Robert MacDonald Moye for presentment of motion for settlement,, #985 before Honorable Jeffrey T. Gilbert on 1/9/2018 at 09:15 AM. (Moye, Robert)
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Filing 986
MINUTE entry before the Honorable Jeffrey T. Gilbert: The Court sua sponte grants Defendant Randall Goulding leave to file Randall Goulding's Trial Memorandum #982 one day late, and grants Defendants and Relief Defendants leave to file Defendants' and Relief Defendants' Proposed Findings of Fact and Conclusions of Law #983 one day late as well. In the future, a motion for leave to file a brief or other filing beyond its due date should be docketed, particularly now that Defendants are represented by counsel, or the filing will be stricken. Defendants' and Relief Defendants' Proposed Findings of Fact and Conclusions of Law #983 are deemed to be filed only on behalf of Defendant Randall Goulding as he is the only Defendant whose counsel properly signed that filing. Mailed notice (lp, )
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Filing 985
MOTION by Plaintiff Securities And Exchange Commission for settlement approval of bifurcated settlements with David Goulding, David Goulding, Inc. and David Samuel LLC (Attachments: #1 Exhibit Proposed Partial Judgment against David Goulding, #2 Exhibit 2, Davod Goulding Consent, #3 Exhibit 3, Proposed Partial Judgment agasint David Goulding, Inc. and David Samuel LLC, #4 Exhibit 4, Consent of David Goulding, Inc., #5 Exhibit 5, Consent of David Samuel LLC)(Moye, Robert)
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Filing 984
ATTORNEY Appearance for Defendants David Goulding, INC, David Samuel, LLC by Fredrick Rahn Harbecke (Harbecke, Fredrick)
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Filing 983
Final Proposed Findings of Fact and Conclusions of Law by Randall Goulding (Berry, Eric)
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Filing 982
TRIAL Brief by Randall Goulding (Berry, Eric)
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Filing 981
TRIAL Brief by Securities And Exchange Commission (Moye, Robert)
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Filing 980
Amended Proposed Findings of Fact and Conclusions of Law by Securities And Exchange Commission (Moye, Robert)
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Filing 979
ATTORNEY Appearance for Defendants David Goulding, INC, David Samuel, LLC, David Samuel Goulding by Byron Eric Thomas (Thomas, Byron)
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Filing 978
ATTORNEY Appearance for Defendant Randall Goulding by Fredrick Rahn Harbecke (Harbecke, Fredrick)
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Filing 977
MINUTE entry before the Honorable Jeffrey T. Gilbert: The Court reminds attorney Fred R. Harbecke that his appearance in this case has been stricken #970 and he must file a proper appearance form in order to serve as local counsel for Defendant Randall Goulding. Mailed notice (ber, )
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Filing 976
MINUTE entry before the Honorable Jeffrey T. Gilbert: Defendant's and Relief Defendants' Motion to Adopt #975 is signed only by attorney Byron E. Thomas, who has not yet filed an appearance on behalf of any party in this case. Therefore, the Court strikes the Motion #975 . The Court recognizes that the Motion purports to be filed on behalf of other parties but no other party, or its counsel, signed the Motion. In order to appear on behalf of a party in this case, Mr. Thomas must file an appearance form and designate local counsel as required by Local Rules 83.12 and 83.14 through 83.16. Mailed notice (ber, )
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Filing 975
MOTION by Defendants David Goulding, INC, David Samuel, LLC, David Samuel Goulding for joinder Defendant Randall Gouldings response [Document #: 974] to plaintiff Securities and Exchange Commissions proposed order deeming undisputed facts established for purposes of trial (Thomas, Byron)
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Filing 974
OBJECTIONS by Randall Goulding to other #959 Corrected to fix errors in the abbreviations used in Objection to Proposed Finding No. 36 (Berry, Eric)
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Filing 973
OBJECTIONS by Randall Goulding to other #959 Objections to Proposed Order Re Deemed Findings (Berry, Eric)
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Filing 972
Joint Statement of SEC and Receiver Regarding Nutmeg (Related to Court Order of November 8, 2017, Docket 942) by Leslie Weiss and SEC (Driscoll, Kevin)
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Filing 971
MINUTE entry before the Honorable Jeffrey T. Gilbert: Motion of Paul T. Musser for Leave to Withdraw as Counsel #967 is granted. The appearance of attorney Paul T. Musser on behalf of Leslie Weiss is withdrawn. The Motion hearing noticed for 12/19/17 at 9:15 a.m. #968 is stricken. Mailed notice (ber, )
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Filing 970
MINUTE entry before the Honorable Jeffrey T. Gilbert: Fred R. Harbecke's Attorney Appearance Form #966 is stricken. The line for the attorney's signature at the bottom of the form contains Mr. Harbecke's email address, not his electronic signature. Mr. Harbecke shall file a corrected Attorney Appearance Form on or before 12/15/17. Mailed notice (ber, )
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Filing 969
MINUTE entry before the Honorable Jeffrey T. Gilbert: Agreed Motion to Modify the Scheduling Order (Doc. No. #928 ) Entered on October 6, 2017 #963 is granted. On or before 12/22/17, the parties shall file their trial briefs and final proposed findings of fact and conclusions of law. Mailed notice (ber, )
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Filing 968
NOTICE of Motion by Paul Thomas Musser for presentment of motion to withdraw as attorney #967 before Honorable Jeffrey T. Gilbert on 12/19/2017 at 09:15 AM. (Musser, Paul)
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Filing 967
MOTION by Attorney Paul T. Musser to withdraw as attorney for Leslie Weiss. No party information provided (Musser, Paul)
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Filing 966
ATTORNEY Appearance for Defendant Randall Goulding by Fredrick Rahn Harbecke (Harbecke, Fredrick)
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Filing 965
ATTORNEY Appearance for Defendant Randall Goulding by Eric W. Berry Amended to Refllect admission to ND Ill trial bar (Attachments: #1 Exhibit Designation of Fred Harbecke as Local Counsel)(Berry, Eric)
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Filing 964
NOTICE of Motion by Eric W. Berry for presentment of motion by filer to set a briefing schedule, #963 before Honorable Jeffrey T. Gilbert on 12/19/2017 at 09:15 AM. (Berry, Eric)
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Filing 963
MOTION by Defendant Randall Goulding to set a briefing schedule and extend date to file trial briefs and final proposed findings of fact and conclusions of law to December 22, 2017 (Attachments: #1 Affidavit of Eric Berry in Support of the Motion, #2 Text of Proposed Order Ex. 1 - proposed revised scheduling order)(Berry, Eric)
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Filing 962
DESIGNATION of Eric W. Berry as U.S. Attorney for Defendant Randall Goulding (Berry, Eric)
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Filing 961
ATTORNEY Appearance for Defendant Randall Goulding by Eric W. Berry (Berry, Eric)
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Filing 960
MINUTE entry before the Honorable Jeffrey T. Gilbert: Motion hearing held on 12/7/17. Motion for Leave to Appear Pro Hac Vice #957 is granted. Byron E. Thomas shall designate local counsel in compliance with Local Rule 83.15. For the reasons stated on the record, Plaintiff's Motion for Default Against Relief Defendants David Goulding, Inc. and David Samuel, LLC #930 is denied. Mailed notice (ber, )
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Filing 959
Proposed Order under Rule 56(g) Deeming Undisputed Facts Established for Purposes of Trial by Securities And Exchange Commission (Moye, Robert)
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Filing 958
MINUTE entry before the Honorable Jeffrey T. Gilbert: Motion hearing on Motion for Leave to Appear Pro Hac Vice #957 set for 12/7/17 at 9:15 a.m. CST. Movant and any other party may appear by telephone if they want to do so. Mailed notice (ber, )
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Filing 957
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-13861281. for David Goulding, David Goulding, Inc., and David Samuel, LLC. (Thomas, Byron)
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Filing 956
ORDER: Continued pretrial conference held on 12/1/17. During the conference, the Court made a number of rulings, including the rulings listed on the attached Order. The parties are directed to the transcript of the conference for a complete record of that proceeding. See attached Order for further details. Signed by the Honorable Jeffrey T. Gilbert on 12/1/2017. Mailed notice(ber, )
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Filing 955
MOTION by Defendant David Samuel Goulding to strike and dismiss penal claims masquerading as disgorgement claims, to comply with Kokesh v. SEC, 137 S. Ct. 1635 (2017) (Attachments: #1 Exhibit)(Goulding, David). (Docket text modified by the Clerk's Office). Modified on 11/30/2017 (mc, ).
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Filing 954
MINUTE entry before the Honorable Jeffrey T. Gilbert: On 11/26/17, Defendant David Goulding sent the Court's courtroom deputy an email inquiring about the topics that will be covered during the continued pretrial conference set for 12/1/17 at 9:30 a.m. [928, 942] and asking whether he might participate in that conference by telephone instead of appearing in-person, given that he lives in Madison, WI. The Court has reserved from 9:30 a.m. until 11:30 a.m. for the pretrial conference. The Court's tentative agenda is as follows: (1) review of the exhibits and objections listed in the parties' respective exhibit lists [934, 935, 938]; (2) further discussion of the effect of the Court's summary judgment ruling #795 on the issues that will be tried #952 ; (3) whether the parties have or can agree to any stipulations; and (4) what amounts the SEC is seeking to disgorge from which Defendants in the relief or remedy phase of this case and the SEC's theories and predicate claims in that regard. The Court may decide to address issues at the pretrial conference that are not included in this agenda, and the agenda does not preclude the parties from raising other issues. If David Goulding wants to participate in the pretrial conference by telephone, the Court will permit him to do so. Mailed notice (ber, )
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Filing 953
ORDER: Plaintiff's Motion to Preclude Ryan Goulding from Offering Expert Testimony [ECF No. 940] is granted. See attached Statement for further details. Signed by the Honorable Jeffrey T. Gilbert on 11/22/2017. Mailed notice(ber, )
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Filing 952
ORDER: Plaintiff's Motion to Deem Undisputed Facts Established for Purposes of Trial [ECF No. 933] is denied without prejudice. See attached Statement for further details. Signed by the Honorable Jeffrey T. Gilbert on 11/22/2017. Mailed notice(ber, )
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Filing 951
REPLY by Plaintiff Securities And Exchange Commission to motion in limine, #940 in support of motion to preclude Ryan Goulding from offering expert testimony (Moye, Robert)
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Filing 950
REPLY by Plaintiff Securities And Exchange Commission to motion for order #933 Deeming Undisputed Facts Admitted for Trial (Attachments: #1 Exhibit 1, Decision in SEC v. Resources Planning)(Moye, Robert)
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Filing 949
RESPONSE by David Samuel Gouldingin Opposition to MOTION by Plaintiff Securities And Exchange Commissionin limine to Preclude Ryan Goulding from Offering Expert Testimony #940 (Goulding, David)
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Filing 948
MINUTE entry before the Honorable Jeffrey T. Gilbert: Relief Defendants filed their Response to Plaintiff's Motion to Deem Undisputed Facts Established for Purposes of Trial #933 three days past the deadline set in the Court's order entered on 10/6/17 #928 . Accordingly, at the Court's instance, Plaintiff is given until 11/20/17 to file its reply memorandum in support of its Motion to Deem Undisputed Facts Established for Purposes of Trial #933 . Mailed notice (ber, )
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Filing 947
NOTICE by Financial Alchemy, LLC, Randall Goulding, Eric Irrgang, Phlly Financial, LLC re exhibit #938 (Nagler, Steven)
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Filing 946
NOTICE by Financial Alchemy, LLC, Eric Irrgang, Phlly Financial, LLC re exhibit list #935 (Nagler, Steven)
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Filing 945
RESPONSE by Defendant Phlly Financial, LLC to motion for order #933 (Nagler, Steven)
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Filing 944
RESPONSE addressing their view concerning the effect of the Court's summary judgment ruling #795 on the Trial of this Case by Defendants' (Attachments: #1 Affidavit)(Nagler, Steven). (Docket text modified by the Clerk's Office) Modified on 11/14/2017 (mc, ).
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Filing 943
Substituted Exhibit by Securities And Exchange Commission for Docket No. 933-1, allowed by Court on Nov. 8, 2017 [Docket No. 942] (Moye, Robert)
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Filing 942
MINUTE entry before the Honorable Jeffrey T. Gilbert: Telephone conference held on 11/8/17. For the reasons stated on the record, Plaintiff's Motion for Default against Relief Defendants David Goulding, Inc. and David Samuel, LLC #930 is taken under advisement. The Court sets the following briefing schedule on Plaintiff's Motion to Preclude Ryan Goulding from Offering Expert Testimony #940 : Response by 11/14/17. Reply by 11/21/17. Plaintiff shall file a redacted amended Exhibit 1 to Plaintiff's Motion to Deem Undisputed Facts Established for Purposes of Trial #933 . On or before 11/10/17, Defendants are directed to deliver to Magistrate Judge Gilbert's chambers a copy of the exhibits referenced in their 1st Amended Trial Exhibit List #935 . On or before 11/13/17, the Defendants and Relief Defendants who have not signed the 1st Amended Trial Exhibit List #935 and Defendants' Previously Expressed General Objections to the SEC's Proposed Exhibits #938 shall file a short notice of adoption assuming they join in those filings denominated as having been filed on their behalf. On or before 12/15/17, Plaintiff and the Receiver Leslie Weiss shall file a statement regarding Nutmeg's status in this case as a party, whether represented or otherwise, and Nutmeg's role as this case moves forward. The continued in-person pretrial conference set for 12/1/17 at 9:30 a.m. will proceed as scheduled. Mailed notice (ber, )
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Filing 941
ORDER: Agenda for Telephone Conference on November 8, 2017: 1. Plaintiff's Motion for Default against Relief Defendants David Goulding, Inc. and David Samuel, LLC #930 2. Plaintiff's Motion to Preclude Ryan Goulding from Offering Expert Testimony #940 3. Exhibit Lists [934; 935; 938] 4. Copies of Defendants' Exhibits #937 5. Exhibit 1 to Plaintiff's Motion for Order Deeming Undisputed Facts Established for Purposes of Trial [933-1] 6. Defendants' Recent Filings Not Signed by All Defendants [935; 938] 7. Upcoming Pretrial Dates 8. Settlement/Bifurcation. Signed by the Honorable Jeffrey T. Gilbert on 11/7/2017. Mailed notice(ber, )
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Filing 940
MOTION by Plaintiff Securities And Exchange Commissionin limine to Preclude Ryan Goulding from Offering Expert Testimony (Attachments: #1 Exhibit 1, Expert Witness Disclosure, #2 Exhibit 2, Deposition testmony, #3 Exhibit 3, Goulding's Initial Disclosures, #4 Exhibit 4, Relief Defendants' Initial Disclosures, #5 Exhibit 5, Defendants' Final Disclosures)(Moye, Robert)
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Filing 939
TRIAL Brief by David Samuel Goulding (Goulding, David)
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Filing 938
EXHIBIT by Defendant David Samuel Goulding (Goulding, David)
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Filing 937
MINUTE entry before the Honorable Jeffrey T. Gilbert: Defendants are directed to deliver to Magistrate Judge Gilbert's chambers a copy of the exhibits referenced in their 1st Amended Trial Exhibit List #935 at their earliest convenience. Mailed notice (ber, )
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Filing 936
ORDER: Plaintiff's Motion to Reconsider Order Barring Mari Reidy from Offering Opinion Testimony on Certain Accounting Matters ("Motion to Reconsider") [ECF No. 910] is denied. See attached Statement for further details. Signed by the Honorable Jeffrey T. Gilbert on 10/31/2017. Mailed notice(ber, )
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Filing 935
Exhibit List by David Samuel Goulding. (Goulding, David)
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Filing 934
Exhibit List with Objections and Responses by Securities And Exchange Commission. (Attachments: #1 Exhibit A., chart of exhibits and objections)(Moye, Robert)
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Filing 933
MOTION by Plaintiff Securities And Exchange Commission for order Deeming Undisputed Facts Established for Purposes of Trial (Attachments: #1 Exhibit 1, Draft Stipulation of Facts)(Moye, Robert)
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Filing 932
DECLARATION of Ann M. Tushaus in support of Plaintiff's motion for default judgment. (Moye, Robert). (Docket text modified by the Clerk's Office) Modified on 10/20/2017 (mc, ).
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Filing 931
MEMORANDUM by Securities And Exchange Commission in support of motion for default judgment #930 (Moye, Robert)
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Filing 930
MOTION by Plaintiff Securities And Exchange Commission for default judgment as to Relief Defendants David Goulding, Inc. and David Samuel, LLC (Moye, Robert)
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Filing 929
TRANSCRIPT OF PROCEEDINGS held on 05-26-2016 before the Honorable Jeffrey T. Gilbert. Court Reporter Contact Information: Pamela S. Warren https://www.ilnd.uscourts.gov/home/Transcript-Order-Form.aspx. |
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Filing 928
MINUTE entry before the Honorable Jeffrey T. Gilbert: Pretrial conference held on 10/6/17. Telephone conference set for 11/8/17 at 9:30 a.m. The Court's courtroom deputy will circulate a call-in number for that conference. Continued in-person pretrial conference set for 12/1/17 at 9:30 a.m. The parties are directed to the transcript of today's pretrial conference for a full record of the proceeding. In terms of scheduling, the Court ordered as follows. By 10/13/17, Defendants shall produce to Plaintiff a complete proposed exhibit list and a copy of all the exhibits listed therein. By 10/20/17, Defendants and Plaintiff shall exchange in writing their objections to the exhibits identified in their respective exhibit lists. By 10/27/17, the parties shall exchange written responses to those objections. By 10/27/17, the parties also shall file their updated exhibit lists via the CM/ECF system complete with objections and responses thereto in the format discussed at the conference. Plaintiff shall deliver hard copies of those filings to Judge Gilbert's chambers. By 10/20/17, Plaintiff shall file a motion that addresses its view concerning the effect of the Court's summary judgment ruling #795 on the trial of this case. Defendants shall respond by 11/10/17, and Plaintiff shall reply by 11/17/17. By 12/15/17, the parties shall file their trial briefs and final proposed findings of fact and conclusions of law. Settlement discussion held with Plaintiff and Defendant David Goulding. Mailed notice (ber, )
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Filing 927
NOTICE by Securities And Exchange Commission re proposed pretrial order, #921 of Filing of Proposed Agreed Findings of Fact and Conclusions of Law (Moye, Robert)
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Filing 926
MINUTE entry before the Honorable Jeffrey T. Gilbert: Defendants' Motion to File Instanter Defendants' Supplement to Final Pretrial Order #923 is denied. Defendants are given leave to file their proposed findings of fact and conclusions of law as a separate document on the CM/ECF system. The Court will discuss with the parties at the pretrial conference set for 10/6/17 (1) Defendants' additional or modified objections to Plaintiff's exhibits and a date for Plaintiff to respond thereto, if necessary, and (2) what Plaintiff characterizes as Defendants' new exhibits. Mailed notice (ber, )
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Filing 925
RESPONSE by Securities And Exchange Commission to MOTION by Defendant David Samuel Goulding to file instanter #923 (Duplicate) (Moye, Robert)
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Filing 924
RESPONSE by Securities And Exchange Commission to MOTION by Defendant David Samuel Goulding to file instanter #923 (Moye, Robert)
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Filing 923
MOTION by Defendant David Samuel Goulding to file instanter (Goulding, David)
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Filing 922
PROPOSED Pretrial Order (Attachments: #1 Exhibit)(Goulding, David)
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Filing 921
PROPOSED Pretrial Order submitted by all parties (Attachments: #1 Exhibit 1, SEC's Witness List, #2 Exhibit 2, Defendants' Witness List, #3 Exhibit 3, SEC's Deposition Designations, #4 Exhibit 4, SEC's Trial Exhibits, #5 Exhibit 5, Defendants' Trial Exhibits, #6 Exhibit 6, SEC's Proposed Findings and Conclusions)(Moye, Robert)
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Filing 920
MINUTE entry before the Honorable Jeffrey T. Gilbert: Status hearing held on 9/15/17. The parties reported on their settlement conference with Judge Gettleman on 9/13/17. Randall Goulding and David Goulding stated on the record that they are waiving their jury demand (Docket Nos. #326 , #328 ). Accordingly, this case will be tried by the bench. The pretrial conference set for 10/6/17 will proceed as scheduled. The parties' oral request to extend the time for the filing of the pretrial order is granted. The pretrial order shall be filed by 2:00 p.m. on 9/28/17. The Court asked the parties to pencil in the following dates for a continued pretrial conference to the extent necessary: 10/12/17 at 11:00 a.m., 10/20/17 at 1:30 p.m. and 10/23/17 at 2:00 p.m. The Court will decide on 10/6/17 whether any of those dates will be utilized for a pretrial conference. For the reasons discussed on the record, the Court understands that the recent jury waiver will affect the content of the pretrial order. In particular, the Court understands that the proposed findings of fact and conclusions of law that the parties submit on 9/28/17 will need to be supplemented. In addition, the parties are excused from filing trial briefs with the pretrial order. Dates for the filing of those briefs will be set in a subsequent order. Mailed notice (ber, )
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Filing 919
MINUTE entry before the Honorable Jeffrey T. Gilbert: David Goulding and Steven Nagler are granted leave to participate telephonically for the status hearing presently set for 9/15/17. The Court's courtroom deputy will circulate the Court's call-in number and access code. Mailed notice (ber, )
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Filing 918
MINUTE entry before the Honorable Jeffrey T. Gilbert: This case is set for a status hearing on 9/15/17 at 10:00 a.m. Mailed notice (ber, )
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Filing 917
REPLY by Securities And Exchange Commission to MOTION by Plaintiff Securities And Exchange Commission for reconsideration regarding order on motion for order, order on motion in limine, memorandum opinion and order,,, #880 #910 (Moye, Robert)
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Filing 916
MEMORANDUM by Randall Goulding in Opposition to motion for reconsideration, #910 (Goulding, David)
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Filing 915
RESPONSE by Defendants Financial Alchemy, LLC, David Samuel Goulding, Randall Goulding, Eric Irrgang, Phlly Financial, LLC to motion for reconsideration, #910 (Attachments: #1 Exhibit)(Goulding, David)
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Filing 914
MINUTE entry before the Honorable Jeffrey T. Gilbert: Telephone status hearing held on 8/24/17 concerning settlement discussions. Mailed notice (ber, )
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Filing 913
MINUTE entry before the Honorable Jeffrey T. Gilbert: Telephone status conference set for 8/24/17 at 1:30 p.m. The Court's courtroom deputy will circulate the Court's call-in number and access code for the telephone conference. Mailed notice (ber, )
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Filing 912
MINUTE entry before the Honorable Jeffrey T. Gilbert: Settlement conference held on 8/18/2017. Mailed notice (ber, )
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Filing 911
MINUTE entry before the Honorable Jeffrey T. Gilbert: Relief Defendants' Motion to File Their Reply to Plaintiff's Response to Defendants' and Relief Defendants' Motion in Limine to Bar Any Admission of Evidence of Any Disgorgement Damages #909 is granted. Motion hearing held on 8/4/17. For the reasons stated on the record, Defendants' and Relief Defendants' Motion in Limine to Bar Any Admission of Evidence of Any Disgorgement Damages or Any Other Form of Damages, to Preserve the Integrity of FRCP 26(a)(1)(A)(iii) and Other Discovery Provisions #848 is denied. With respect to the amounts set forth in subpart (a) of Plaintiff's Second Supplemental Disclosure regarding Disgorgement [895-1 at 2], the Motion is denied as moot because the SEC concedes it "will be unable to present any evidence" of those amounts unless the Court reconsiders its prior rulings [895 at 23] concerning the admissibility of testimony by Mari Reidy of Crowe Horwath. With respect to the amounts set forth in subparts (b) through (f) of Plaintiffs Second Supplemental Disclosure regarding Disgorgement [895-1 at 3], the Motion is denied because the SEC's disclosures and discovery responses contained sufficient information to inform Defendants and Relief Defendants of the basis for the amounts the SEC will seek to disgorge from certain Defendants and, therefore, complied with the Federal Rules of Civil Procedure, including Rule 26(a)(1)(A)(iii) and Rule 33. Finally, the testimony the SEC intends to elicit from its disclosed witness, Anne Tushaus, does not appear to constitute expert testimony within the meaning of the Federal Rules of Evidence based on the record now before the Court. Defendants and Relief Defendants may object during the trial if the SEC tries to elicit inadmissible expert testimony from Tushaus. The parties are directed to the transcript of the 8/4/17 motion hearing for a complete record of the Court's ruling on the Motion #848 . The Court sets the following briefing schedule on Plaintiff's Motion to Reconsider Order Barring Mari Reidy from Offering Opinion Testimony on Certain Accounting Matters #910 : Defendants shall respond by 8/25/17. Plaintiff shall reply by 8/31/17. Off-the-record settlement discussions. All parties confirmed, on the record, that they do not object to Magistrate Judge Gilbert participating in settlement discussions. By 8/14/17, the SEC will tender to Defendants and Relief Defendants its proposal with respect to settlement, with a copy delivered to Magistrate Judge Gilbert's chambers. Neither Defendants nor Relief Defendants need respond in writing, but they should be prepared to respond to the SEC's proposals at the settlement conference set for 8/18/17. Mailed notice (ber, )
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Filing 910
MOTION by Plaintiff Securities And Exchange Commission for reconsideration regarding order on motion for order, order on motion in limine, memorandum opinion and order,,, #880 (Attachments: #1 Exhibit Initial Disclosures, #2 Exhibit Supplemental Disclosures)(Moye, Robert)
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Filing 909
MOTION by Defendants Eric Irrgang, Phlly Financial, LLC to file instanter (Nagler, Steven)
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Filing 908
REPLY by Financial Alchemy, LLC, Eric Irrgang, Phlly Financial, LLC to response in opposition to motion,, #895 (Nagler, Steven)
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Filing 907
MEMORANDUM Opinion and Order: For all of the reasons stated in the Court's Memorandum Opinion and Order, the SEC's Motions in Limine [ECF No. 885] are granted in part and denied in part. See attached Memorandum Opinion and Order for further details. Signed by the Honorable Jeffrey T. Gilbert on 8/1/2017. Mailed notice(ber, )
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Filing 906
MINUTE entry before the Honorable Jeffrey T. Gilbert: In light of the Notice of Withdrawal of Motion to Withdraw as Counsel #905 , counsel's Motion to Withdraw #899 is withdrawn. The motion hearing set for 7/27/17 is stricken with no appearance required. Mailed notice (ber, )
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Filing 905
NOTICE of Withdrawal of Motion to Withdraw as Counsel #898 (Nagler, Steven) (Docket text modified by the clerk's office) Modified on 7/27/2017 (mc, ).
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Filing 904
MEMORANDUM OF LAW in support of the reply on defendants' motion in limine to bar any admission of evidence of any disgorgement damages or any other form of damages, to preserve the integrity of FRCP 26(a)(1)(A)(iii) and other discovery provisions by David Samuel Goulding, Randall Goulding (Goulding, David) (Docket text modified by the Clerk's office) Modified on 7/26/2017 (mc, ).
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Filing 903
REPLY by Defendants David Samuel Goulding, Randall Goulding to response in opposition to motion,, #895 To Bar Any Admission of Evidence of Any Disgorgement Damages - FRCP 26(a)(1)(A)(iii) (Attachments: #1 Exhibit)(Goulding, David)
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Filing 902
ORDER: For all of the reasons stated in the attached Order, Defendants' Motion #851 is denied to the extent it seeks to bar Weiss from testifying at trial. See attached Order for further details. Signed by the Honorable Jeffrey T. Gilbert on 7/24/2017. Mailed notice (ber, )
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Filing 901
ORDER: Randall Goulding's Application to appear pro hac vice #688 is denied. See attached Statement for further details. Signed by the Honorable Jeffrey T. Gilbert on 7/19/2017. Mailed notice (ber, )
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Filing 900
MINUTE entry before the Honorable Jeffrey T. Gilbert: Steven Nagler, counsel for Relief Defendants Financial Alchemy, LLC, Philly Financial, LLC, and Eric Irrgang, called the Court's chambers to request that his Motion to Withdraw #899 noticed for 7/20/17 at 9:15 a.m. be entered and continued. That oral request is granted. In the future, however, requests for relief, even requests like this that are primarily procedural in nature, should be filed of record via the CM/ECF system so that all parties and the Court are notified of them at the same time. The motion hearing noticed for 7/20/17 at 9:15 a.m. #898 is stricken and reset to 7/27/17 at 10:00 a.m. Mailed notice (ber, )
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Filing 899
MOTION by Attorney Steven B. Nagler to withdraw as attorney for Financial Alchemy, LLC, Eric Irrgang, Phlly Financial, LLC. No party information provided (Attachments: #1 Supplement Notification of Parties)(Nagler, Steven)
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Filing 898
NOTICE of Motion by Steven B. Nagler for presentment of before Honorable Jeffrey T. Gilbert on 7/20/2017 at 09:15 AM. (Nagler, Steven)
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Filing 897
NOTICE by Securities And Exchange Commission re MOTION by Defendants David Goulding, INC, David Samuel, LLC, Randall Gouldingto Appear Pro Hac Vice #688 of Executive Committee's Order (Attachments: #1 Exhibit 1, Executive Committee Order)(Moye, Robert)
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Filing 896
MINUTE entry before the Honorable Jeffrey T. Gilbert: Plaintiff's SEC's Motion for an Extension of Time to File Reply in Support of Motions in Limine #894 is granted. The Court extends the due date, nunc pro tunc, for the SEC's reply brief from 7/7/17 to 7/10/17. Mailed notice (ber, )
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Filing 895
RESPONSE by Securities And Exchange Commissionin Opposition to MOTION by Defendants David Goulding, INC, David Samuel, LLC, Financial Alchemy, LLC, David Samuel Goulding, Randall Goulding, Eric Irrgang, Phlly Financial, LLCin limine To Bar Any Admission of Evidence of Any Disgorgement Damages or Any Other Form o #848 (Attachments: #1 Exhibit 1, Second Supplemental Disclosures, #2 Exhibit 2, SEC's Supplemental Disclosures, #3 Exhibit 3, Response to Interrogatories, #4 Exhibit 4, Response to Interrogatory, #5 Exhibit 5, Response to Additional Interrogatory)(Moye, Robert)
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Filing 894
MOTION by Plaintiff Securities And Exchange Commission for extension of time to file response/reply in support of motions in limnine (Moye, Robert)
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Filing 893
REPLY by Plaintiff Securities And Exchange Commission in Support of Motions in Limine (Moye, Robert)
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Filing 892
REPLY by Defendants Financial Alchemy, LLC, Eric Irrgang, Phlly Financial, LLC to response in opposition to motion,, #886 (Goulding, David)
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Filing 891
REPLY by David Samuel Goulding, Randall Goulding to response in opposition to motion,, #886 (Goulding, David)
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Filing 890
MEMORANDUM by David Samuel Goulding, Randall Goulding in Opposition to motion in limine, #885 (Attachments: #1 Affidavit)(Goulding, David)
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Filing 889
RESPONSE by Defendant David Samuel Goulding (Attachments: #1 Affidavit Carl Duncal Affidavit, #2 Affidavit DSG Affidavit)(Goulding, David)
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Filing 888
ORDER: Status hearing and motion hearing held on 6/21/17. This Order memorializes some rulings made and dates set during the hearing as well as certain aspects of the Court's and the parties' discussions. The parties are directed to the transcript of the hearing for a complete record of that proceeding. See attached Statement for further details. Signed by the Honorable Jeffrey T. Gilbert on 6/23/2017. Mailed notice(ber, )
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Filing 887
MINUTE entry before the Honorable Jeffrey T. Gilbert: Continued hearing on Defendant Randall Goulding's Motion to Appear Pro Hac Vice #688 and further discussion regarding the method of eliciting direct and re-direct trial testimony from pro se Defendants Randall and David Goulding set for 6/21/17 at 9:45 a.m. If this date and time chosen by the Court on its own accord presents an irreconcilable conflict for any party that needs to attend the hearing, the parties may contact the Court's Courtroom Deputy. Mailed notice (ber, )
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Filing 886
RESPONSE by Securities And Exchange Commissionin Opposition to MOTION by Defendants David Goulding, INC, David Samuel, LLC, Financial Alchemy, LLC, David Samuel Goulding, Randall Goulding, Eric Irrgang, Phlly Financial, LLCin limine To Bar Any Admission of Evidence of Various Other Items #851 regarding Leslie Weiss (Attachments: #1 Exhibit 1, Disclosures, #2 Exhibit 2, Disclosures, #3 Exhibit 3, Disclosures, #4 Exhibit 4, Disclosures, #5 Exhibit 5, Disclosures)(Moye, Robert)
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Filing 885
MOTION by Plaintiff Securities And Exchange Commissionin limine to exclude evidence and arguments at trial (Attachments: #1 Exhibit 1, July 21, 2009 Hearing Transcript, #2 Exhibit 2, David Goulding Dep. Tr., #3 Exhibit 3, Randall Goulding Dep. Tr.)(Moye, Robert)
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Filing 884
MINUTE entry before the Honorable Jeffrey T. Gilbert: Telephone conference held on 6/1/17. The Court's courtroom deputy will circulate a date for a hearing on Defendant Randall Goulding's Motion to Appear Pro Hac Vice #688 The Court will set a date for another telephone conference or in-court hearing to discuss the method of eliciting direct and re-direct trial testimony from pro se Defendants Randall and David Goulding after it has explored whether it is possible to assign that task to a member of the trial bar of this court. Mailed notice (ber, )
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Filing 883
ORDER: Pretrial conference held on May 11, 2017. The attached Order memorializes some of the Court's rulings and the pretrial and trial dates set by the Court during the pretrial conference. Other rulings are as stated on the record. This Order also sets additional pretrial dates that were not specifically set during the pretrial conference. See attached Order for further details. Signed by the Honorable Jeffrey T. Gilbert on 5/15/2017. Mailed notice (ber, )
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Filing 882
MINUTE entry before the Honorable Jeffrey T. Gilbert: At Relief Defendants' request, and with agreement from all parties, the pretrial conference set for 5/10/17 is reset to 5/11/17 at 1:30 p.m. Mailed notice (ber, )
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Filing 881
MINUTE entry before the Honorable Jeffrey T. Gilbert: A pretrial conference is set for 5/10/17 at 2:00 p.m. assuming the parties are available on that day at that time. At this conference, the Court intends to discuss with the parties their positions concerning the impact of its Daubert ruling #880 on, among other things, the testimony, if any, that Mari Reidy will be allowed to give at trial. The Court also intends to discuss Defendants' motions in limine filed on the CM/ECF system as ECF Nos. #848 , #850 , and #851 , rule if possible on one or more of those motions, and/or set a briefing schedule or schedules on those motions or a particular motion, if necessary. Finally, the Court intends to set a pretrial and trial schedule, which will include a briefing schedule for any motions in limine the SEC intends to file, a date for filing a comprehensive pretrial order, and a date or dates for additional pretrial conferences. Mailed notice (ber, )
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Filing 880
MEMORANDUM Opinion and Order: For all of the reasons stated in the Court's Memorandum Opinion and Order, the SEC's Motion [ECF No. 847] is granted in part and denied in part, and Defendants' Motion [ECF No. 852] is granted in part and denied in part. See attached Memorandum Opinion and Order for further details. Signed by the Honorable Jeffrey T. Gilbert on 4/28/2017. Mailed notice(ber, )
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Filing 879
MINUTE entry before the Honorable Jeffrey T. Gilbert: Motion to Withdraw as Counsel #875 is granted. The appearance of attorney Fredrick Harbecke is withdrawn. The Renewed Motion to Withdraw as Counsel #877 is denied as moot. The motion hearing noticed for 12/8/16 at 10:00 a.m. is stricken with no appearance required. Mailed notice (ber, )
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Filing 878
NOTICE of Motion by Fredrick Rahn Harbecke for presentment of motion to withdraw as attorney #877 before Honorable Jeffrey T. Gilbert on 12/8/2016 at 10:00 AM. (eg,)
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Filing 877
RENEWED MOTION by Attorney Fred R. Harbecke to withdraw as counsel. (eg,)
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Filing 876
NOTICE of Motion by Fredrick Rahn Harbecke for presentment of motion to withdraw #875 before Honorable Jeffrey T. Gilbert on 12/8/2016 at 10:00 AM. (Harbecke, Fredrick)
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Filing 875
MOTION by Defendant Randall Goulding to withdraw (Harbecke, Fredrick)
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On 11/22/016 the Clerk audited this case file and discovered that Frederick R. Harbecke is not receiving electronic notice. The Clerk modified CM/ECF to provide notice to the attorney. The record indicates you are counsel of record in this case. If you are no longer representing this client, you must file a Motion to withdraw from this case pursuant to LR 83.17 (gcy, )
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Filing 874
MINUTE entry before the Honorable Jeffrey T. Gilbert: Defendant Randall Goulding's Motion for Sanctions Due to Multiple Frauds on the Court #629 is denied. Some of Goulding's requests for relief in this motion overlap with or relate to pending motions in limine. The Court will deal with those matters in the context of the motions in limine. To the extent the Motion for Sanctions asks the Court to revisit rulings previously made by Judge Hibbler in this case, the Court does not see any reason to do so at this time. Finally, Goulding's request that the Court order counsel for the SEC and the Receiver or the Receiver herself to reimburse investors for losses that Goulding maintains were caused by wrongful conduct by these persons is not relief that legally can be obtained by Goulding in this case on behalf of investors, who are not parties to this case, and therefore Goulding's request is denied for that reason and because the Court sees no basis for granting that relief in this case in any event even if it were available to Goulding as a "sanction" as he frames the issue. Mailed notice (lxs, )
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Filing 873
MINUTE entry before the Honorable Jeffrey T. Gilbert: At the Court's instance, the trial set for 12/5/16 #844 is stricken. The Court has under advisement a number of pretrial motions that it needs to decide before serious trial preparation can begin. Mailed notice (ber, )
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Filing 872
MINUTE entry before the Honorable Jeffrey T. Gilbert: Motion for Leave to Withdraw Appearance as Counsel #870 is granted. The appearance of attorney Olivia St. Clair Long is withdrawn as counsel of record on behalf of Proposed Intervenor Barnes & Thornburg LLP and Receiver Leslie J. Weiss. The motion hearing noticed for 9/13/16 at 9:15 a.m. is stricken with no appearance required. Mailed notice (ber, )
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Filing 871
NOTICE of Motion by Olivia St. Clair Long for presentment of before Honorable Jeffrey T. Gilbert on 9/13/2016 at 09:15 AM. (Long, Olivia)
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Filing 870
MOTION to withdraw as attorney for Barnes & Thornburg LLP, Leslie Weiss. No party information provided (Long, Olivia)
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Filing 869
supplemental affidavit by Randall Goulding Reply on Defendants and Relief Defendants Motion In Limine To Bar the Testimony of Mari Reidy and Peter Hickey and the Admission of their respective Reports (Goulding, Randall)
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Filing 868
supplemental affidavit by David Samuel Goulding Reply on Defendants and Relief Defendants Motion In Limine To Bar the Testimony of Mari Reidy and Peter Hickey and the Admission of their respective Reports (Goulding, Randall)
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Filing 867
Exhibit by Randall Goulding Exhibit B to supplemental filing (Goulding, Randall)
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Filing 866
REPLY by Plaintiff Securities And Exchange Commission in Support of Its Motion to Preclude the Testimony of Anthony Garvy (Moye, Robert)
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Filing 865
REPLY by Randall Goulding to reply to response to motion, #864 Supplementing reply by other defendants and relief defendants (Attachments: #1 Exhibit A, #2 Exhibit B)(Goulding, Randall)
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Filing 864
REPLY by Financial Alchemy, LLC, David Samuel Goulding, Randall Goulding, Eric Irrgang, Phlly Financial, LLC to MOTION by Defendants David Goulding, INC, David Samuel, LLC, Financial Alchemy, LLC, David Samuel Goulding, Randall Goulding, Phlly Financial, LLCin limine To Bar the Testimony of Mari Reidy and Peter Hickey and the Admission of their respective Rep #852 (Attachments: #1 Exhibit)(Goulding, David)
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Filing 863
MINUTE entry before the Honorable Jeffrey T. Gilbert: Motion for Leave to Exceed 15 Pages #861 is granted. Defendants and Relief Defendants are given leave to file a 21-page brief in support of Defendants' and Relief Defendants' Opposition to the SEC's Motion In Limine to Bar the Testimony of Tony Garvy #857 . The motion hearing noticed for 7/28/16 at 9:15 a.m. is stricken with no appearance required. Mailed notice (ber, )
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Filing 862
NOTICE of Motion by David Samuel Goulding for presentment of motion for leave to file #861 before Honorable Jeffrey T. Gilbert on 7/28/2016 at 09:15 AM. (Goulding, David)
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Filing 861
MOTION by Defendants David Samuel, LLC, Financial Alchemy, LLC, Eric Irrgang, Phlly Financial, LLC for leave to file excess pages (Goulding, David)
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Filing 860
APPENDIX response in opposition to motion, #859 to Exclude Mari Reidy and Peter Hickey (Attachments: #1 Exhibit 1, Hickey report, #2 Exhibit 2, Hickey deposition, #3 Exhibit 3, 1st Crowe report, #4 Exhibit 4, 2nd Crowe report, #5 Exhibit 5, 3rd Crowe report, #6 Exhibit 5, Crowe accounting report, #7 Exhibit 7, Crowe valuation report, #8 Exhibit 8, 1st Reidy deposition, #9 Exhibit 9, 2nd Reidy deposition)(Moye, Robert)
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Filing 859
RESPONSE by Securities And Exchange Commissionin Opposition to MOTION by Defendants David Goulding, INC, David Samuel, LLC, Financial Alchemy, LLC, David Samuel Goulding, Randall Goulding, Phlly Financial, LLCin limine To Bar the Testimony of Mari Reidy and Peter Hickey and the Admission of their respective Rep #852 (Moye, Robert)
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Filing 858
RESPONSE by Randall Gouldingin Opposition to MOTION by Plaintiff Securities And Exchange Commission for order Excluding Testimony by Defendants Proposed Expert Anthony Garvy #847 (Goulding, Randall)
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Filing 857
MEMORANDUM by Financial Alchemy, LLC, David Samuel Goulding, Eric Irrgang, Phlly Financial, LLC in Opposition to motion for order #847 (Attachments: #1 Exhibit, #2 Exhibit)(Goulding, David)
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Filing 856
MINUTE entry before the Honorable Jeffrey T. Gilbert: Motion hearing held on 7/14/16. For the reasons stated on the record, Defendants' and Relief Defendants' motions filed on the CM/ECF system as ECF Nos. 848, 850, and 851 are held in abeyance. At Plaintiff's request, without objection from Defendants, the briefing schedule on the Daubert motions is modified as follows: Responses due by 7/20/16. Replies due by 8/3/16. Mailed notice (ber, )
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Filing 855
MINUTE entry before the Honorable Jeffrey T. Gilbert: At present, Plaintiff need not respond to Defendants' and Relief Defendants' motions filed on the CM/ECF system as ECF Nos. #848 , #850 , and #851 . On 5/26/16, the Court ordered the parties to file "motions to bar expert and opinion testimony" #844 and it set a corresponding briefing schedule on those motions. The Court understands why Defendants filed their motions docketed at ECF Nos. #848 , #850 , #851 but those motions do not fall within the parameters envisioned by the Court when it set the briefing schedule on 5/26/16. In particular, those motions seek to bar Plaintiff from introducing evidence other than or in addition to expert testimony. The Court wanted the parties to brief Daubert-type motions first because those motions often take more time and attention than other motions in limine. Plaintiff must respond, though, to Defendants' and Relief Defendants' Motion in Limine to Bar the Testimony of Mari Reidy and Peter Hickey and the Admission of Their Respective Reports #852 on the briefing schedule previously set. The Court will discuss this matter further with the parties at the hearing on Defendants' and Relief Defendants' various motions in limine noticed for 7/14/16 at 9:15 a.m. #854 which will proceed as scheduled. Mailed notice (ber, )
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Filing 854
NOTICE of Motion by Randall S. Goulding for presentment of motion in limine, #850 , motion in limine, #851 , motion in limine, #852 , motion in limine, #848 before Honorable Jeffrey T. Gilbert on 7/14/2016 at 09:15 AM. (Goulding, Randall)
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Filing 853
Motions in limine NOTICE of Motion by Randall S. Goulding for presentment of (Goulding, Randall)
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Filing 852
MOTION by Defendants David Goulding, INC, David Samuel, LLC, Financial Alchemy, LLC, David Samuel Goulding, Randall Goulding, Phlly Financial, LLCin limine To Bar the Testimony of Mari Reidy and Peter Hickey and the Admission of their respective Reports (Goulding, Randall)
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Filing 851
MOTION by Defendants David Goulding, INC, David Samuel, LLC, Financial Alchemy, LLC, David Samuel Goulding, Randall Goulding, Eric Irrgang, Phlly Financial, LLCin limine To Bar Any Admission of Evidence of Various Other Items (Goulding, Randall)
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Filing 850
MOTION by Defendants David Goulding, INC, David Samuel, LLC, Financial Alchemy, LLC, David Samuel Goulding, Randall Goulding, Eric Irrgang, Phlly Financial, LLCin limine To Bar Any Admission of Evidence of Any Disgorgement Damages or Any Other Form of Damages, or anything that would contradict the SECs admissions in accordance with FRCP Rule 36(a)(3) (Goulding, Randall)
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Filing 849
APPENDIX motion for order #847 to Exclude Proposed Testimony of Anthony Garvy (Attachments: #1 Exhibit 1, Garvy Report, #2 Exhibit 2, Garvy Deposition, #3 Exhibit 3, CVS Agreement, #4 Exhibit 4, CVS first bill, #5 Exhibit 5, CVS second bill, #6 Exhibit 6, Goulding deposition, #7 Exhibit 7, McFarland email, #8 Exhibit 8, David Goulding memo, #9 Exhibit 9, Convertible Note, #10 Exhibit 10, Revised Agreement, #11 Exhibit 11, Promissory Note, #12 Exhibit 12, Promissory Note, #13 Exhibit 13, Share prices, #14 Exhibit 14, Unfiled Garvy report, #15 Exhibit 15, Hickey Reburral report, #16 Exhibit 16, Discount for Lack of Marketability, #17 Exhibit 17, Nutmeg Disclosure memo, #18 Exhibit 18, David Goulding memo, #19 Exhibit 19, Goulding deposition transcript, #20 Exhibit 20, Goulding email)(Moye, Robert)
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Filing 848
MOTION by Defendants David Goulding, INC, David Samuel, LLC, Financial Alchemy, LLC, David Samuel Goulding, Randall Goulding, Eric Irrgang, Phlly Financial, LLCin limine To Bar Any Admission of Evidence of Any Disgorgement Damages or Any Other Form of Damages, to Preserve the Integrity of FRCP 26(a)(1)(A)(iii) and Other Discovery Provisions (Goulding, Randall)
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Filing 847
MOTION by Plaintiff Securities And Exchange Commission for order Excluding Testimony by Defendants Proposed Expert Anthony Garvy (Moye, Robert)
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Filing 846
Defendants and Relief Defendants RULE 16 CASE MANAGEMENT REPORT by Financial Alchemy, LLC, David Samuel Goulding, Randall Goulding, Eric Irrgang, Phlly Financial, LLC (Goulding, Randall)
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Filing 845
NOTICE by Securities And Exchange Commission of Preliminary Witness List and Anticipated Motions in Limine (Moye, Robert)
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Filing 844
MINUTE entry before the Honorable Jeffrey T. Gilbert: Motion hearing held on 5/26/16 on Defendants' Motion to Strike Disgorgement Damages Claim #657 . For the reasons stated on the record, Defendants' Motion is denied, though without prejudice in some respects, as explained on the record. Status hearing held on 5/26/16. Plaintiff SEC reports that it will continue to pursue the claims as to which summary judgment was denied and as to which it did not move for summary judgment as discussed on the record. Plaintiff and Defendants shall file their respective motions to bar expert or opinion testimony, including testimony by Mari Reidy, by 6/27/16. Responses due by 7/18/16. Replies due by 8/1/16. Two week trial set for 12/5/16 at 9:30 a.m. Plaintiff and Defendant each will file a separate report by 6/9/16 that identifies their will call and may call witnesses, with a brief description of the subject matter of that testimony, and a list of that party's anticipated motions in limine with a short description of the subject matter of the motion. This is a Rule 16 case management device, not a pretrial order device. The Court will contact counsel after it receives the parties' reports to schedule an in-court conference. Mailed notice (ber, )
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Filing 843
ORDER: The Court's agenda for the status hearing set for 5/26/16 at 1:30 p.m. is as follows: (1) Ruling on Defendants' Motion to Strike Disgorgement Damages Claim #657 , (2) A schedule for trial, and filing of pre-trial motions and a pre-trial order, (3) A schedule for considering Plaintiff's request for relief or imposition of penalties on claims as to which the Court granted summary judgment to Plaintiff, which the Court recognizes depends upon whether any of the remaining claims will be tried, and (4) Any other matters the parties wish to discuss. Signed by the Honorable Jeffrey T. Gilbert on 5/25/2016. Mailed notice(ber, )
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Filing 842
MEMORANDUM Opinion and Order: Defendant Randall Goulding's Motion to Reconsider #818 is denied. See attached Memorandum Opinion and Order for further details. The motion hearing on Defendant's Motion to Reconsider set for 5/26/16 at 1:30 p.m. #827 is stricken. The status hearing previously set for 5/26/16 at 1:30 p.m. will proceed as scheduled. Signed by the Honorable Jeffrey T. Gilbert on 5/24/2016. Mailed notice(ber, )
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Filing 841
MINUTE entry before the Honorable Jeffrey T. Gilbert: Defendant Randall Goulding's Motion to File Instanter Reply on Motion to Reconsider Granting of Partial Summary Judgment #839 is granted. The motion hearing on Defendant's Motion to File Instanter Reply noticed for 5/26/16 at 1:30 p.m. is stricken. The parties still shall appear on 5/26/16 at 1:30 p.m. for the previously scheduled hearing on Defendant Randall Goulding's Motion to Reconsider #818 . Mailed notice (ber, )
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Filing 840
NOTICE of Motion by Randall S. Goulding for presentment of motion to file instanter #839 before Honorable Jeffrey T. Gilbert on 5/26/2016 at 01:30 PM. (Goulding, Randall)
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Filing 839
MOTION by Defendant Randall Goulding to file instanter REPLY ON MOTION TO RECONSIDER GRANTING OF PARTIAL SUMMARY JUDGMENT (Goulding, Randall)
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Filing 838
REPLY by Defendant Randall Goulding to notice of motion #820 REPLY MEMORANDUM IN SUPPORT OF MOTION TO RECONSIDER (Goulding, Randall)
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Filing 837
MINUTE entry before the Honorable Jeffrey T. Gilbert: Defendant Randall Goulding's Motion for Additional Time to Reply on Motion to Reconsider Granting of Partial Summary Judgment #834 is granted. Defendant Randall Goulding shall file his reply by 5/16/16. The motion hearing on Defendant's Motion for Additional Time #834 noticed for 5/26/16 at 1:30 p.m. is stricken. Mailed notice (ber, )
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Filing 836
NOTICE of Motion by Randall S. Goulding for presentment of motion for extension of time to file response/reply, motion for relief #834 before Honorable Jeffrey T. Gilbert on 5/26/2016 at 01:30 PM. (Goulding, Randall)
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Filing 835
For additional time to file NOTICE of Motion by Randall S. Goulding for presentment of (Goulding, Randall)
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Filing 834
MOTION by Defendant Randall Goulding for extension of time to file response/reply as to motion for reconsideration #818 (Goulding, Randall)
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Filing 833
TRANSCRIPT OF PROCEEDINGS held on 7/8/2009 before the Honorable William J. Hibbler. Court Reporter Contact Information: ALEXANDRA ROTH, alexandra_roth@ilnd.uscourts.gov (312) 408-5038. 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 6/1/2016. Redacted Transcript Deadline set for 6/13/2016. Release of Transcript Restriction set for 8/9/2016. (Roth, Alexandra)
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Filing 832
TRANSCRIPT OF PROCEEDINGS held on 6/29/2009 before the Honorable William J. Hibbler. Court Reporter Contact Information: ALEXANDRA ROTH, alexandra_roth@ilnd.uscourts.gov (312) 408-5038. 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 6/1/2016. Redacted Transcript Deadline set for 6/13/2016. Release of Transcript Restriction set for 8/9/2016. (Roth, Alexandra)
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Filing 831
RESPONSE by Securities And Exchange Commissionin Opposition to MOTION by Defendant Randall Goulding for reconsideration of SECs motion for partial summary judgment #818 (Moye, Robert)
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Filing 830
To supplement MOTION TO STRIKE DISGORGEMENT DAMAGES CLAIM NOTICE of Motion by Randall S. Goulding for presentment of before Honorable Jeffrey T. Gilbert on 5/26/2016 at 01:30 PM. (Goulding, Randall)
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Filing 829
RESPONSE by Randall Gouldingin Support of MOTION by Defendants David Goulding, INC, David Samuel, LLC, Financial Alchemy, LLC, David Samuel Goulding, Randall Goulding, Eric Irrgang, Phlly Financial, LLC to strike DISGORGEMENT DAMAGES CLAIM #657 Supplemental/Addendum (Goulding, Randall)
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Filing 828
MINUTE entry before the Honorable Jeffrey T. Gilbert: The Court's order dated 4/7/16 #827 is corrected as follows: Motion to Strike Disgorgement Damages Claim #657 remains pending and is taken under advisement. Defendant Randall Goulding's Notice of the Abatement of Income Tax Penalties #793 is granted in part and denied in part for the reasons stated on the record. The rest of the order stands as entered. Mailed notice (ber, )
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Filing 827
MINUTE entry before the Honorable Jeffrey T. Gilbert: Motion hearing held on 4/7/16. The Court enters the following briefing schedule on Defendant Randall Goulding's Motion to Reconsider #818 : Plaintiff shall respond by 4/28/16. Defendant shall reply by 5/12/16. Hearing on Defendant's Motion to Reconsider #818 is set for 5/26/16 at 1:30 p.m. For the reasons stated on the record, Defendant Randall Goulding's Motion for Leave to Exceed 15 pages #821 is granted. For the reasons stated on the record, Receiver Leslie Weiss's Motion to Pay Alan D. Lasko & Associates, P.C. for Tax Services #825 is granted without objection. Attorney Deborah L. Thorne's Motion to Withdraw as attorney for Leslie Weiss #824 is granted. The appearance of Deborah L. Thorne as attorney for Leslie Weiss is withdrawn. Motion to Strike Disgorgement Damages Claim #657 is granted in part and denied in part for the reasons stated on the record. Defendant David Goulding may appear by telephone at the next hearing with advance notice to the Court's courtroom deputy. Mailed notice (ber, )
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Filing 826
NOTICE of Motion by Kevin Charles Driscoll, Jr for presentment of motion to withdraw as attorney #824 , motion for miscellaneous relief #825 before Honorable Jeffrey T. Gilbert on 4/7/2016 at 09:30 AM. (Driscoll, Kevin)
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Filing 825
MOTION by Receiver Leslie Weiss Receiver's Motion to Pay Alan D. Lasko & Associates, P.C. for Tax Services (Attachments: #1 Exhibit A)(Driscoll, Kevin)
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Filing 824
MOTION by Attorney Deborah L. Thorne to withdraw as attorney for Leslie Weiss. No party information provided (Driscoll, Kevin)
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Filing 823
MINUTE entry before the Honorable Jeffrey T. Gilbert: At the Court's instance, the status hearing and motion hearing on Defendant's Motion to Reconsider #818 and Defendants' Motion for Leave to Exceed 15 pages #821 set for 4/7/16 are reset from 11:00 a.m. to 9:30 a.m. This is a change in time only. Mailed notice (ber, )
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Filing 822
NOTICE of Motion by Randall S. Goulding for presentment of motion for leave to file excess pages #821 before Honorable Jeffrey T. Gilbert on 4/7/2016 at 11:00 AM. (Goulding, Randall)
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Filing 821
MOTION by Defendant Randall Goulding for leave to file excess pages re MEMORANDUM IN SUPPORT OF MOTION TO RECONSIDER (Goulding, Randall)
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Filing 820
NOTICE of Motion by Randall S. Goulding for presentment of motion for reconsideration #818 , motion for reconsideration, motion for relief #819 before Honorable Jeffrey T. Gilbert on 4/7/2016 at 11:00 AM. (Goulding, Randall)
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Filing 819
MEMORANDUM by Defendant Randall Goulding for reconsideration regarding motion for reconsideration #818 (Attachments: #1 Affidavit)(Goulding, Randall) (Modified by Clerk's Office on 3/18/2016) (sxw, ).
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Filing 818
MOTION by Defendant Randall Goulding for reconsideration of SECs motion for partial summary judgment (Goulding, Randall)
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Filing 817
MINUTE entry before the Honorable Jeffrey T. Gilbert: At the parties' request, the status hearing set for 3/11/16 at 9:45 a.m. is reset to 4/7/16 at 11:00 a.m. Mailed notice (ber, )
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Filing 816
MINUTE entry before the Honorable Jeffrey T. Gilbert: This matter is set for a status hearing on 3/11/16 at 9:45 a.m. Mailed notice (ber, )
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Filing 815
TRANSCRIPT OF PROCEEDINGS held on 8/4/2011 before the Honorable William J. Hibbler. Court Reporter Contact Information: ALEXANDRA ROTH, alexandra_roth@ilnd.uscourts.gov (312) 408-5038. 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 3/21/2016. Redacted Transcript Deadline set for 3/31/2016. Release of Transcript Restriction set for 5/30/2016. (Roth, Alexandra)
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Filing 814
TRANSCRIPT OF PROCEEDINGS held on 7/20/2011 before the Honorable William J. Hibbler. Court Reporter Contact Information: ALEXANDRA ROTH, alexandra_roth@ilnd.uscourts.gov (312) 408-5038. 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 3/21/2016. Redacted Transcript Deadline set for 3/31/2016. Release of Transcript Restriction set for 5/30/2016. (Roth, Alexandra)
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Filing 813
TRANSCRIPT OF PROCEEDINGS held on 6/23/2011 before the Honorable William J. Hibbler. Court Reporter Contact Information: ALEXANDRA ROTH, alexandra_roth@ilnd.uscourts.gov (312) 408-5038. 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 3/21/2016. Redacted Transcript Deadline set for 3/31/2016. Release of Transcript Restriction set for 5/30/2016. (Roth, Alexandra)
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Filing 812
TRANSCRIPT OF PROCEEDINGS held on 6/14/2011 before the Honorable William J. Hibbler. Court Reporter Contact Information: ALEXANDRA ROTH, alexandra_roth@ilnd.uscourts.gov (312) 408-5038. 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 3/21/2016. Redacted Transcript Deadline set for 3/31/2016. Release of Transcript Restriction set for 5/30/2016. (Roth, Alexandra)
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Filing 811
TRANSCRIPT OF PROCEEDINGS held on 5/26/2011 before the Honorable William J. Hibbler. Court Reporter Contact Information: ALEXANDRA ROTH, alexandra_roth@ilnd.uscourts.gov (312) 408-5038. 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 3/21/2016. Redacted Transcript Deadline set for 3/31/2016. Release of Transcript Restriction set for 5/30/2016. (Roth, Alexandra)
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Filing 810
TRANSCRIPT OF PROCEEDINGS held on 4/19/2011 before the Honorable William J. Hibbler. Court Reporter Contact Information: ALEXANDRA ROTH, alexandra_roth@ilnd.uscourts.gov (312) 408-5038. 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 3/21/2016. Redacted Transcript Deadline set for 3/31/2016. Release of Transcript Restriction set for 5/30/2016. (Roth, Alexandra)
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Filing 809
TRANSCRIPT OF PROCEEDINGS held on 1/26/2011 before the Honorable William J. Hibbler. Court Reporter Contact Information: ALEXANDRA ROTH, alexandra_roth@ilnd.uscourts.gov (312) 408-5038. 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 3/21/2016. Redacted Transcript Deadline set for 3/31/2016. Release of Transcript Restriction set for 5/30/2016. (Roth, Alexandra)
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Filing 808
TRANSCRIPT OF PROCEEDINGS held on 12/16/2010 before the Honorable William J. Hibbler. Court Reporter Contact Information: ALEXANDRA ROTH, alexandra_roth@ilnd.uscourts.gov (312) 408-5038. 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 3/21/2016. Redacted Transcript Deadline set for 3/31/2016. Release of Transcript Restriction set for 5/30/2016. (Roth, Alexandra)
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Filing 807
TRANSCRIPT OF PROCEEDINGS held on 11/17/2010 before the Honorable William J. Hibbler. Court Reporter Contact Information: ALEXANDRA ROTH, alexandra_roth@ilnd.uscourts.gov (312) 408-5038. 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 3/21/2016. Redacted Transcript Deadline set for 3/31/2016. Release of Transcript Restriction set for 5/30/2016. (Roth, Alexandra)
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Filing 806
TRANSCRIPT OF PROCEEDINGS held on 8/18/2010 before the Honorable William J. Hibbler. Court Reporter Contact Information: ALEXANDRA ROTH, alexandra_roth@ilnd.uscourts.gov (312) 408-5038. 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 3/21/2016. Redacted Transcript Deadline set for 3/31/2016. Release of Transcript Restriction set for 5/30/2016. (Roth, Alexandra)
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Filing 805
TRANSCRIPT OF PROCEEDINGS held on 7/27/2010 before the Honorable William J. Hibbler. Court Reporter Contact Information: ALEXANDRA ROTH, alexandra_roth@ilnd.uscourts.gov (312) 408-5038. 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 3/21/2016. Redacted Transcript Deadline set for 3/31/2016. Release of Transcript Restriction set for 5/30/2016. (Roth, Alexandra)
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Filing 804
TRANSCRIPT OF PROCEEDINGS held on 7/1/2010 before the Honorable William J. Hibbler. Court Reporter Contact Information: ALEXANDRA ROTH, alexandra_roth@ilnd.uscourts.gov (312) 408-5038. 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 3/21/2016. Redacted Transcript Deadline set for 3/31/2016. Release of Transcript Restriction set for 5/30/2016. (Roth, Alexandra)
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Filing 803
TRANSCRIPT OF PROCEEDINGS held on 6/16/2010 before the Honorable William J. Hibbler. Court Reporter Contact Information: ALEXANDRA ROTH, alexandra_roth@ilnd.uscourts.gov (312) 408-5038. 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 3/21/2016. Redacted Transcript Deadline set for 3/31/2016. Release of Transcript Restriction set for 5/30/2016. (Roth, Alexandra)
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Filing 802
TRANSCRIPT OF PROCEEDINGS held on 6/10/2010 before the Honorable William J. Hibbler. Court Reporter Contact Information: ALEXANDRA ROTH, alexandra_roth@ilnd.uscourts.gov (312) 408-5038. 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 3/21/2016. Redacted Transcript Deadline set for 3/31/2016. Release of Transcript Restriction set for 5/30/2016. (Roth, Alexandra)
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Filing 801
TRANSCRIPT OF PROCEEDINGS held on 4/28/2010 before the Honorable William J. Hibbler. Court Reporter Contact Information: ALEXANDRA ROTH, alexandra_roth@ilnd.uscourts.gov (312) 408-5038. 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 3/21/2016. Redacted Transcript Deadline set for 3/31/2016. Release of Transcript Restriction set for 5/30/2016. (Roth, Alexandra)
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Filing 800
TRANSCRIPT OF PROCEEDINGS held on 4/8/2010 before the Honorable William J. Hibbler. Court Reporter Contact Information: ALEXANDRA ROTH, alexandra_roth@ilnd.uscourts.gov (312) 408-5038. 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 3/21/2016. Redacted Transcript Deadline set for 3/31/2016. Release of Transcript Restriction set for 5/30/2016. (Roth, Alexandra)
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Filing 799
TRANSCRIPT OF PROCEEDINGS held on 2/24/2010 before the Honorable William J. Hibbler. Court Reporter Contact Information: ALEXANDRA ROTH, alexandra_roth@ilnd.uscourts.gov (312) 408-5038. 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 3/21/2016. Redacted Transcript Deadline set for 3/31/2016. Release of Transcript Restriction set for 5/30/2016. (Roth, Alexandra)
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Filing 798
TRANSCRIPT OF PROCEEDINGS held on 1/13/2010 before the Honorable William J. Hibbler. Court Reporter Contact Information: ALEXANDRA ROTH, alexandra_roth@ilnd.uscourts.gov (312) 408-5038. 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 3/21/2016. Redacted Transcript Deadline set for 3/31/2016. Release of Transcript Restriction set for 5/30/2016. (Roth, Alexandra)
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Filing 797
TRANSCRIPT OF PROCEEDINGS held on 11/17/2009 before the Honorable William J. Hibbler. Court Reporter Contact Information: ALEXANDRA ROTH, alexandra_roth@ilnd.uscourts.gov (312) 408-5038. 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 3/21/2016. Redacted Transcript Deadline set for 3/31/2016. Release of Transcript Restriction set for 5/30/2016. (Roth, Alexandra)
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Filing 796
NOTICE OF EMAIL NOTIFICATION FAILURE, for document #795 sent to Attorney Deborah L. Thorne returned as: Unknown Address Error. Mailed to attorney Deborah L. Thorne 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, )
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Filing 795
MEMORANDUM Opinion and Order: For all of the reasons stated in the Court's Memorandum Opinion and Order, the SEC's Motion for Summary Judgment [ECF No. 719] is granted in part and denied in part, and Randall and David's Motion for Summary Judgment [ECF No. 726] is denied. See attached Memorandum Opinion and Order for further details. Signed by the Honorable Jeffrey T. Gilbert on 2/18/2016. Mailed notice (ber, )
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Filing 794
MINUTE entry before the Honorable Jeffrey T. Gilbert: Receiver Leslie J. Weiss's Twenty-Eighth Interim Fee Application #790 is approved. The Receiver is authorized to pay to Barnes & Thornburgh LLP $7,755 as compensation for services rendered and $36.90 to reimburse out-of-pocket expenses. Mailed notice (ber, )
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Filing 793
MOTION by Defendant Randall Goulding for disclosure Abatement of IRS penalties (Goulding, Randall)
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Filing 792
MINUTE entry before the Honorable Jeffrey T. Gilbert: Receiver's Motion to Approve Settlement and Pay Litigation Counsel on Modified Contingency Basis #781 , Receiver's Motion to Write-Off Certain Securities #783 and Receiver's Motion to Execute Power of Attorney #784 are granted. Any objections to the Receiver's Twenty-Eighth Interim Fee Application #790 are to be filed by 4/30/15. The Court either will rule on the Application via the CM/ECF system or set it for hearing as appropriate. The motion hearings set for 4/21/15 at 9:15 a.m. are stricken with no appearances required. Mailed notice (ber, )
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Filing 791
NOTICE of Motion by Kevin Charles Driscoll, Jr for presentment of motion for attorney fees #790 before Honorable Jeffrey T. Gilbert on 4/21/2015 at 09:15 AM. (Driscoll, Kevin)
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Filing 790
MOTION by Receiver Leslie Weiss for attorney fees Receiver's Twenty-Eighth Interim Fee Application (Attachments: #1 Exhibit A, #2 Exhibit B)(Driscoll, Kevin)
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Filing 789
NOTICE by Leslie Weiss re status report #788 (Driscoll, Kevin)
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Filing 788
STATUS Report Receiver's Status Report by Leslie Weiss (Driscoll, Kevin)
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Filing 787
MINUTE entry before the Honorable Jeffrey T. Gilbert: At the Receiver's request, and by agreement of the parties, the motion hearing on Receiver's Motion to Approve Settlement and Pay Litigation Counsel on Modified Contingency Basis #781 , Receiver's Motion to Write-Off Certain Securities #783 and Receiver's Motion to Execute Power of Attorney #784 noticed for 4/16/15 at 9:15 a.m. is reset to 4/21/15 at 9:15 a.m. If any party objects to any of the Receiver's motions #781 , #783 , #784 , its counsel or the Goulding Defendants pro se shall contact the Court's courtroom deputy to set a date to file such an objection. Any motion to which there is no objection will be granted instanter. To the extent a hearing is necessary on an objection to a motion, the Court will, if necessary, reset the presentment date for any such motion or rule via the CM/ECF system. Mailed notice (ber, )
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Filing 786
MINUTE entry before the Honorable Jeffrey T. Gilbert: Receiver Leslie Weiss' Motion to File Report Out of Time #782 is granted. Mailed notice (ber, )
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Filing 785
NOTICE of Motion by Kevin Charles Driscoll, Jr for presentment of motion for miscellaneous relief #783 , motion for miscellaneous relief #784 , extension of time #782 , motion for settlement #781 before Honorable Jeffrey T. Gilbert on 4/16/2015 at 09:15 AM. (Driscoll, Kevin)
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Filing 784
MOTION by Receiver Leslie Weiss to Execute Power of Attorney Receiver's Motion to Execute Power of Attorney (Driscoll, Kevin)
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Filing 783
MOTION by Receiver Leslie Weiss Write-Off Certain Securities Receiver's Motion to Write-Off Certain Securities (Driscoll, Kevin)
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Filing 782
MOTION by Receiver Leslie Weiss for extension of time Receiver's Motion to File Report Out of Time (Driscoll, Kevin)
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Filing 781
MOTION by Receiver Leslie Weiss for settlement Receiver's Motion to Approve Settlement and Pay Litigation Counsel on Modified Contingency Basis (Attachments: #1 Exhibit A, #2 Exhibit B)(Driscoll, Kevin)
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Filing 780
MINUTE entry before the Honorable Jeffrey T. Gilbert: Defendants' Petition for Rule to Show Cause Against Robert Moye #774 is denied. The hearing on the Petition noticed for 1/15/15 at 9:15 a.m. is stricken with no appearances necessary. The Court is aware that the various motions referenced in the Petition are pending. It will rule on them, set them for argument, or set them for argument and ruling in due course. Mailed notice (ber, )
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Filing 779
NOTICE of Motion by Randall S. Goulding for presentment of motion for rule to show cause #774 before Honorable Jeffrey T. Gilbert on 1/15/2015 at 09:15 AM. (Goulding, Randall)
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Filing 778
NOTICE of Motion by Randall S. Goulding for presentment of (Goulding, Randall)
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Filing 777
MOTION by Defendants Financial Alchemy, LLC, Eric Irrgang, Phlly Financial, LLC for order to show cause Corrected (Goulding, Randall)
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Filing 776
NOTICE of Motion by Randall S. Goulding for presentment of (Goulding, Randall)
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Filing 775
NOTICE of Motion by Randall S. Goulding for presentment of motion for rule to show cause #774 before Honorable Jeffrey T. Gilbert on 1/8/2015 at 09:15 AM. (Goulding, Randall)
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Filing 774
MOTION by Defendants Financial Alchemy, LLC, Eric Irrgang, Phlly Financial, LLC for rule to show cause Against Robert Moye by Steven B Nagler and Randall Goulding (Goulding, Randall)
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Filing 773
RESPONSE by Plaintiff Securities And Exchange Commission to Randall Goulding's Notice regarding Discovery (Moye, Robert)
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Filing 772
MINUTE entry before the Honorable Jeffrey T. Gilbert: Continued motion hearing held on 12/15/14. For the reasons stated on the record, Plaintiff Securities And Exchange Commission's Agreed Motion to Withdraw Reference from Bankruptcy Court #768 is stricken without prejudice. Mailed notice (ber, )
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Filing 771
MINUTE entry before the Honorable Jeffrey T. Gilbert: Motion hearing held on 12/2/14 on Plaintiff Securities And Exchange Commission's Agreed Motion to Withdraw Reference from Bankruptcy Court #768 . Upon reflection, the Agreed Motion is entered and continued to 12/15/14 at 2:15 p.m. so the parties can consider and address the following matters: (a) the application of Local Rule 40.3.1(b) and Internal Operating Procedure 15(b) to their Agreed Motion and, in particular, the requirement that a motion to withdraw the reference pursuant to 28 [sic] U.S.C. 157(d) shall be given a separate case number and assigned by lot to a district judge of this court for decision; and (b) whether a motion to withdraw the reference is to be filed, in the first instance procedurally, with the bankruptcy judge. On an unrelated matter, for the reasons stated on the record during today's hearing, by 12/16/14, Plaintiff will respond in writing to Randall Goulding's Notice of the SEC's Failure to Comply with Its Promises by #770 . Mailed notice (ber, )
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Filing 770
Notice of the SECs Failure to Comply with Its Promises by Randall Goulding (Goulding, Randall)
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Filing 769
NOTICE of Motion by Robert MacDonald Moye for presentment of motion to withdraw reference #768 before Honorable Jeffrey T. Gilbert on 12/2/2014 at 09:15 AM. (Moye, Robert)
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Filing 768
MOTION by Plaintiff Securities And Exchange Commission to withdraw reference from Bankruptcy Court (Moye, Robert)
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Filing 767
MINUTE entry before the Honorable Jeffrey T. Gilbert: Motion hearing held on 9/22/14 on Receiver's Twenty-Seventh Interim Fee Application #747 . Discussion was held on the record. The Receiver and her counsel explained the discrepancies identified in the Court's order of 8/29/14 #765 . For the reasons stated on the record, the Court approves the Receiver's Twenty-Seventh Interim Fee Application and payment of the fees requested therein #747 . Mailed notice (ber, )
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Filing 766
MINUTE entry before the Honorable Jeffrey T. Gilbert: At the parties' request, the continued hearing on the Receiver's Twenty-Seventh Application #747 set for 9/10/14 at 10:00 a.m. is reset to 9/22/14 at 11:15 a.m. Mailed notice (ber, )
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Filing 765
MINUTE entry before the Honorable Jeffrey T. Gilbert: The Court has been presented with three different dollar amounts that the Receiver has represented as being the amount of cash on hand in the Estate at various times with no explanation of the discrepancy. See Docket Entry #747 at paragraph 9 ($27,847.34) and paragraph 12 ($44,972.64), and Docket Entry #763 ($27,952.79). In addition, the supporting materials the Receiver submitted on 7/16/14 [DE#747 ] are different in kind than the supporting materials she submitted on 8/20/14 [DE#763 -1]. Accordingly, this matter is set for a continued hearing on 9/10/14 at 10:00 a.m. on the Receiver's Twenty-Seventh Application #747 and for an explanation of the manner in which the Receiver computes the cash on hand in the Estate as of a given date, the reason for the discrepancies noted above, and an explanation of the various different exhibits the Receiver recently submitted to support her cash on hand analysis. Mailed notice (ber, )
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Filing 764
LETTER from Randall Goulding dated 08/15/2014. (sxw, )
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Filing 763
SUPPLEMENT to motion for attorney fees #747 Regarding Cash on Hand Balances (Attachments: #1 Exhibit A (Statements))(Driscoll, Kevin)
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Filing 762
MINUTE entry before the Honorable Jeffrey T. Gilbert: At the parties' request, the date for the parties to deliver the additional materials cited in the Court's order entered 8/13/14 #761 is extended to 8/20/14. Mailed notice (ber, )
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Filing 761
MINUTE entry before the Honorable Jeffrey T. Gilbert: Motion hearing held on 8/13/14 on Receiver Leslie Weiss' Twenty-Seventh Interim Fee Application #747 . On or before 8/15/14, the Receiver will file a short memorandum resolving or explaining the discrepancy in the Application concerning the amount of cash on hand in the receivership estate. The Court inquired of the Receiver's counsel concerning some of the matters contained in his time and billing records and was satisfied with counsel's responses. There is no objection to payment of the Receiver's attorneys' fees requested in the Application. The Application #747 is taken under advisement, however, pending receipt of the Receiver's clarification of the amount of cash on hand as referenced above. The Court and the parties discussed the issue raised in the Receiver's Application concerning an unpaid invoice from the Internal Revenue Service. By the close of business on 8/15/14, counsel for the Receiver will deliver to chambers a copy of the order appointing receiver, and any amendments to that order, under cover of a letter copied to all parties of record. Also by the close of business on 8/15/14, Mr. Goulding will deliver to chambers copies of anything on the docket that he views as important to the Courts consideration of the issue relating to the outstanding invoice from the Internal Revenue Service (or identify such materials by docket entry), under cover of a letter copied to all parties of record. The letters and materials delivered to chambers need not be filed via the CM/ECF system. The Receiver shall file her next status report on 2/1/15. If the Court believes it needs a hearing on that status report, it will set a date for such a hearing in a future order. For the reasons stated on the record, Plaintiff SEC's initial Motion for Summary Judgment #696 is withdrawn as moot in light of Plaintiff's subsequent amended filings. Mailed notice (ber, )
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Filing 760
RESPONSE by Plaintiff Securities And Exchange Commission to Defendants' Sur-Reply (Moye, Robert)
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Filing 759
MINUTE entry before the Honorable Jeffrey T. Gilbert: Per the Court's order of 7/28/14 #758 , Plaintiff's counsel informed the Court's courtroom deputy that Plaintiff SEC wishes to file a response to Defendants' Sur-Reply #749 by 8/12/14. Accordingly, Plaintiff shall file its response to Defendants' sur-reply on or before 8/12/14. Mailed notice (ber, )
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Filing 758
MINUTE entry before the Honorable Jeffrey T. Gilbert: Defendants' motion for leave to file sur-reply #750 is granted. In the past, the Court sometimes has seen that it takes pro se Defendants a couple of attempts to circle in on the issues and arguments being presented. That may or may not be the case here, as the Court has not yet read Defendants' sur-reply #749 though it has read Plaintiff's response to Defendants' motion for leave to file #757 . If Plaintiff SEC wishes to file a response to Defendants sur-reply, it should inform the Court's courtroom deputy when it wants to file such a brief and and the Court will enter an order permitting the SEC to file its brief by that date. No further briefing will be accepted after that on Plaintiff's motion for summary judgment #719 . If Plaintiff will stand on the briefs it already has filed, it also should so inform the Court's courtroom deputy. The motion hearing set for 7/31/14 at 9:15 a.m. is stricken with no appearance required. Mailed notice (ber, )
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Filing 757
RESPONSE by Securities And Exchange Commission to MOTION for leave to file #750 sur-reply brief (Moye, Robert)
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Filing 756
MINUTE entry before the Honorable Jeffrey T. Gilbert: The motion hearing on Defendants' Motion for Leave to File a Sur-Reply #750 noticed for 7/29/14 at 9:15 a.m. is stricken and reset to 7/31/14 at 9:15 a.m. Mailed notice. (jj, )
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Filing 755
NOTICE of Motion by Randall S. Goulding for presentment of motion for leave to file #750 before Honorable Jeffrey T. Gilbert on 7/29/2014 at 09:15 AM. (Goulding, Randall)
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Filing 754
NOTICE by Randall Goulding re MOTION for leave to file #750 surreply (Goulding, Randall)
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Filing 753
MINUTE entry before the Honorable Jeffrey T. Gilbert: The motion hearing on Receiver Leslie Weiss' Twenty-Seventh Interim Fee Application #747 noticed for 7/29/14 at 9:15 a.m. is stricken and reset to 8/13/14 at 10:00 a.m. Any objections to Receiver's Motion #747 shall be filed on or before 8/5/14. Mailed notice (ber, )
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Filing 752
OBJECTIONS by Randall Goulding to MOTION by Receiver Leslie Weiss for attorney fees Receiver's Twenty-Seventh Interim Fee Application #747 Exceptions (Goulding, Randall)
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Filing 751
NOTICE of Motion by Randall S. Goulding for presentment of before Honorable Jeffrey T. Gilbert on 7/29/2014 at 09:15 AM. (Goulding, Randall)
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Filing 750
MOTION for leave to file SUR-REPLY by Defendants David Samuel Goulding, Randall Goulding to sur-reply #749 motion to file (Goulding, Randall) Docket Text Modified By Clerk's Office.
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Filing 749
SUR-REPLY by Defendants David Samuel Goulding, Randall Goulding to reply #744 (Goulding, Randall)
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Filing 748
NOTICE of Motion by Kevin Charles Driscoll, Jr for presentment of motion for attorney fees #747 before Honorable Jeffrey T. Gilbert on 7/29/2014 at 09:15 AM. (Driscoll, Kevin)
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Filing 747
MOTION by Receiver Leslie Weiss for attorney fees Receiver's Twenty-Seventh Interim Fee Application (Driscoll, Kevin)
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Filing 746
NOTICE by Leslie Weiss re status report #745 (Driscoll, Kevin)
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Filing 745
STATUS Report Receiver's Status Report by Leslie Weiss (Driscoll, Kevin)
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Filing 744
REPLY by Plaintiff Securities And Exchange Commission in Support of Its Motion for Summary Judgment (Moye, Robert)
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Filing 743
APPENDIX of Exhibits to SEC's Responses to Defendants' Statements of Additional Fact (Attachments: #1 Exhibit 1, David Goulding Dep. Tr., #2 Exhibit 2, Peter Hickey Expert Report, #3 Exhibit 3, Randall Goulding April Dep. Tr., #4 Exhibit 4, Ryan Goulding Dep. Tr., #5 Exhibit 5, Adzone PPM, #6 Exhibit 6, Randall Goulding Dec. Dep. Tr.)(Moye, Robert)
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Filing 742
RESPONSE by Plaintiff Securities And Exchange Commission to David Goulding's Statement of Additional Facts (Moye, Robert)
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Filing 741
RESPONSE by Plaintiff Securities And Exchange Commission to Randall Goulding's Statement of Additional Facts (Moye, Robert)
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Filing 740
MINUTE entry before the Honorable Jeffrey T. Gilbert: Plaintiff Securities And Exchange Commission's Second Agreed Motion for an Extension of Time to File Replies in Support of Motion for Summary Judgement #738 is granted. Plaintiff shall file its replies in support of its Revised Motion for Summary Judgment #719 by 7/10/14. The motion hearing set for 7/10/14 at 9:15 a.m. is stricken with no appearance required. Mailed notice (ber, )
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Filing 739
NOTICE of Motion by Robert MacDonald Moye for presentment of extension of time #738 before Honorable Jeffrey T. Gilbert on 7/10/2014 at 09:15 AM. (Moye, Robert)
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Filing 738
MOTION by Plaintiff Securities And Exchange Commission for extension of time to file Replies (Moye, Robert)
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Filing 737
MINUTE entry before the Honorable Jeffrey T. Gilbert: Plaintiff Securities And Exchange Commission's Agreed Motion for Extension of Time to File Replies in Support of Motion for Summary Judgment #735 is granted. Plaintiff shall file its replies in support of its Revised Motion for Summary Judgment #719 by 7/8/14. The motion hearing set for 6/19/14 at 9:15 a.m. is stricken with no appearance required. Mailed notice (ber, )
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Filing 736
NOTICE of Motion by Robert MacDonald Moye for presentment of extension of time #735 before Honorable Jeffrey T. Gilbert on 6/19/2014 at 09:15 AM. (Moye, Robert)
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Filing 735
MOTION by Plaintiff Securities And Exchange Commission for extension of time to file Replies in support of motion for summary judgment (Moye, Robert)
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Filing 734
RESPONSE by Financial Alchemy, LLC, Eric Irrgang, Phlly Financial, LLCin Opposition to MOTION for summary judgment #719 (Goulding, Randall)
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Filing 733
DECLARATION of Ryan Goulding, CPA affidavit by David Samuel Goulding, Randall Goulding (Attachments: #1 Exhibit Exhibit I Oct Fund sales journal excerpt, #2 Exhibit Exhibit II Oct Fund 2006-records, 1. Summary, #3 Exhibit Exhibit II Oct Fund 2006-records 2. sales, #4 Exhibit Exhibit II Oct Fund 2006-records, 3. income allocation, #5 Exhibit Exhibit II Oct Fund 2006-records, 4. income allocation, #6 Exhibit Exhibit II Oct Fund 2006-records, 5. reconciliation, #7 Exhibit Exhibit II Oct Fund 2006-records, 6. initial invstmts, #8 Exhibit Exhibit III Oct Fund 2005 taxes, 1. summary, #9 Exhibit Exhibit III Oct Fund 2005 taxes, 2. sales, #10 Exhibit Exhibit III Oct Fund 2005 taxes, 3. cost, #11 Exhibit +Exhibit IV redacted-Nutmeg-October Fund - 2006 tax return)(Goulding, Randall) Modified by Clerk's Office on 6/4/2014 (mgh, ).
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Filing 732
MINUTE entry before the Honorable Jeffrey T. Gilbert: Defendants' Motion To File the Balance of the Exhibits, in Response to the SEC's Motion for Partial Summary Judgment #731 is granted. Mailed notice (ber, )
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Filing 731
MOTION by Defendants David Goulding, INC, Randall Gouldingto file exhibits to Ryan Goulding affidavit (Attachments: #1 Exhibit Exhibit I Oct Fund sales journal excerpt, #2 Exhibit Exhibit II Tab 1, #3 Exhibit Exhibit II Tab 2, #4 Exhibit Exhibit II Tab 3, #5 Exhibit Exhibit II Tab 4, #6 Exhibit Exhibit II Tab 5, #7 Exhibit Exhibit II Tab 6, #8 Exhibit Exhibit III Tab 1, #9 Exhibit Exhibit III Tab 2, #10 Exhibit Exhibit III Tab 3, #11 Exhibit Exhibit IV)(Goulding, Randall)
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Filing 730
STATEMENT by Defendant David Samuel Gouldingin Support of MOTION for summary judgment #719 (Goulding, David)
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Filing 729
RULE 56 Statement by David Samuel Goulding regarding motion for summary judgment #719 (Attachments: #1 Affidavit Affidavit of Carl Duncan)(Goulding, David)
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Filing 728
MEMORANDUM by David Samuel Goulding in Opposition to motion for summary judgment #719 (Attachments: #1 Affidavit DSG Affidavit)(Goulding, David)
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Filing 727
SUPPLEMENT to motion for summary judgment, #726 (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 - EXPERT EVALUATION REPORT CORPORATE VALUATION SERVICES, #11 Affidavit Declaration of Ryan Goulding, CPA)(Goulding, Randall)
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Filing 726
MOTION by Defendant Randall Goulding for summary judgment OR TO OTHEWISE PRECLUDE JUDGMENT IN FAVOR OF PLAINTIFF (Attachments: #1 Supplement RANDALL GOULDINGS RESPONSE TO PLAINTIFFS REVISED STATEMENT OF UNDISPUTED MATERIAL FACTS, #2 Affidavit DECLARATION OF RANDALL GOULDING, #3 Supplement RANDALL GOULDINGS SEPARATE CONTROVERTING STATEMENT OF UNDISPUTED MATERIAL FACTS)(Goulding, Randall)
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Filing 725
MINUTE entry before the Honorable Jeffrey T. Gilbert: Defendants' Motion for Additional Time to Respond to Plaintiff's Motion for Partial Summary Judgment #724 is granted. Defendants' response to Plaintiff's Revised Motion for Summary Judgment #719 shall be filed by 5/30/14. Plaintiff is given until 6/20/14 to file its reply. Mailed notice (ber, )
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Filing 724
MOTION by Defendant David Samuel Goulding for extension of time to file response/reply (Goulding, David)
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Filing 723
NOTICE by Leslie Weiss re Response #722 (Driscoll, Kevin)
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Filing 722
RESPONSE by Receiver Leslie Weiss to motion for summary judgment #719 Receiver's Response to Plaintiff's Motion for Summary Judgment (Driscoll, Kevin)
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Filing 721
MEMORANDUM by Securities And Exchange Commission in support of motion for summary judgment #719 (Moye, Robert)
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Filing 720
RULE 56 LR 56.1 Statement by Securities And Exchange Commission regarding motion for summary judgment #719 (Moye, Robert)
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Filing 719
REVISED MOTION by Plaintiff Securities And Exchange Commission for summary judgment (Moye, Robert) Modified on 4/24/2014 (ea, ).
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Filing 718
MINUTE entry before the Honorable Jeffrey T. Gilbert: Motion hearing held on 4/10/14 on Defendants Randall Goulding's and David Goulding's Motion To Compel the SEC to Revise Its Rule 56(c)(1)(A) Statements to Conform to Rule 56(c)(1)(A) and Local Rule 56.1(a)(3), or for Additional Time to Respond to the SEC's Motion for Partial Summary Judgment #715 . For the reasons stated on the record, Defendants' motion is granted in part. The Court strikes Plaintiff SEC's Motion for Summary Judgment #696 , its Local Rule 56.1(a)(3) Statement #698 , and its Memorandum in Support of SEC's Motion for Summary Judgment #700 , but not the Exhibits to Plaintiff's Statement of Undisputed Material Facts #699 . Plaintiff shall refile its Motion for Summary Judgment, Supporting Memorandum of Law and Local Rule 56.1 Statements as described on the record, by 4/24/14. The Court grants Plaintiff leave to file up to 110 separately numbered statements of material fact in its Local Rule 56.1 Statement. Defendants shall file their responses to the Plaintiff's newly filed Motion for Summary Judgment and supporting materials on or before 5/26/14. Plaintiff shall file its reply in support of its Motion for Summary Judgment and related materials on or before 6/16/14. Mailed notice (ber, )
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Filing 717
NOTICE by David Samuel Goulding, Randall Goulding re MOTION by Defendants David Samuel Goulding, Randall GouldingTo Compel the SEC - Rule 56(c)(1)(A) Statements to Conform to Rule 56 #715 (Goulding, Randall)
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Filing 716
NOTICE of Motion by Randall S. Goulding for presentment of (Goulding, Randall)
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Filing 715
MOTION by Defendants David Samuel Goulding, Randall GouldingTo Compel the SEC - Rule 56(c)(1)(A) Statements to Conform to Rule 56 (Goulding, Randall)
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Filing 714
MINUTE entry before the Honorable Jeffrey T. Gilbert: Defendant Randall Goulding's Motion to Reimburse Out-of-Pocket Expenses #711 is denied without prejudice. The Court construes that Motion filed by Defendant Goulding pro se as, in effect, a claim on the Nutmeg Group, LLC Estate that is being administered by the Receiver per the Court's order of 8/6/09 #66 . The Receiver and the Court can address Defendant Goulding's claim for reimbursement of out-of-pocket expenses at such time as the Receiver addresses other claims for payment. At such time, issues such as, but not limited to, the timeliness of the claim, its validity, payment priority also can be addressed. The motion hearing noticed for 3/13/14 at 9:15 a.m. is stricken with no appearance required. Mailed notice (ber, )
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Filing 713
MINUTE entry before the Honorable Jeffrey T. Gilbert: Motion hearing held on 3/4/14 on Receiver Leslie Weiss' Motion for Attorney Fees: Receiver's Twenty-Sixth Interim Fee Application #706 and Receiver Leslie Weiss' Motion to Pay Alan D. Lasko & Associates, P.C. for Tax Services #707 . For the reasons stated on the record, Receiver's motions #706 , #707 are granted, without objection. Mailed notice (ber, )
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Filing 712
NOTICE of Motion by Randall S. Goulding for presentment of motion for miscellaneous relief #711 before Honorable Jeffrey T. Gilbert on 3/13/2014 at 09:15 AM. (Goulding, Randall)
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Filing 711
MOTION by Defendant Randall Gouldingreimburse out-of-pocket expenses (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Goulding, Randall)
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Filing 710
MINUTE entry before the Honorable Jeffrey T. Gilbert: Any party that would like to attend the motion hearings set for 3/4/14 by telephone is welcome to do so and should provide his or her telephone contact information to the Court's courtroom deputy, Brenda Rinozzi, 312-408-5024, before the hearing. Mailed notice (ber, )
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Filing 709
RESPONSE by Randall Goulding to MOTION by Receiver Leslie Weiss for attorney fees Receiver's Twenty-Sixth Interim Fee Application #706 Exceptions (Attachments: #1 Declaration)(Goulding, Randall)
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Filing 708
NOTICE of Motion by Kevin Charles Driscoll, Jr for presentment of motion for miscellaneous relief #707 , motion for attorney fees #706 before Honorable Jeffrey T. Gilbert on 3/4/2014 at 09:15 AM. (Driscoll, Kevin)
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Filing 707
MOTION by Receiver Leslie Weiss to Pay Alan D. Lasko & Associates, P.C. for Tax Services (Attachments: #1 Exhibit A)(Driscoll, Kevin)
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Filing 706
MOTION by Receiver Leslie Weiss for attorney fees Receiver's Twenty-Sixth Interim Fee Application (Attachments: #1 Exhibit A)(Driscoll, Kevin)
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Filing 705
MINUTE entry before the Honorable Jeffrey T. Gilbert: Plaintiff's Agreed Motion for Leave to Exceed 15 Pages #701 is granted. Although the SEC filed its Memorandum in Support of its Motion for Summary Judgment #700 in the early morning hours of 2/8/14, it is deemed timely filed. Motion hearing noticed for 2/18/14 at 9:15 a.m. is stricken with no appearance required. The Court adopts the briefing schedule outlined in the Parties' Joint Stipulation to Establish Briefing Schedule on Summary Judgment #703 . Defendants shall file their responses to the SEC's Motion for Summary Judgment #696 and the SEC's Statement of Undisputed Material Facts #698 on or before 4/10/14. Relief Defendants Financial Alchemy, LLC, Philly Financial, LLC and/or Eric Irrgang may file responses to the SEC's Statement of Facts or Motion for Summary Judgment, if they wish to do so, by 4/10/14. Plaintiff SEC shall file its reply on or before 5/1/2014. Status hearing noticed for 2/18/14 at 9:15 a.m. is stricken with no appearance required. Mailed notice (ber, )
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Filing 704
litigation conflict waiver by David Goulding, INC, David Samuel, LLC (Goulding, Randall)
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Filing 703
STIPULATION of the Parties to Establish Briefing Schedule on SEC's Motion for Summary Judgment (Moye, Robert)
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Filing 702
NOTICE of Motion by Robert MacDonald Moye for presentment of motion for leave to file excess pages #701 before Honorable Jeffrey T. Gilbert on 2/18/2014 at 09:15 AM. (Moye, Robert)
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Filing 701
MOTION by Plaintiff Securities And Exchange Commission for leave to file excess pages in Summary Judgement Brief (Moye, Robert)
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Filing 700
MEMORANDUM in Support of SEC's Motion for Summary Judgment (Moye, Robert)
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Filing 699
APPENDIX statement #698 of Exhibits to Plaintiff's Statement of Undisputed Material Facts (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57)(Shoenthal, Andrew)
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Filing 698
Local Rule 56.1(a)(3) STATEMENT by Securities And Exchange Commission Statement of Undisputed Material Facts (Shoenthal, Andrew)
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Filing 697
NOTICE by Securities And Exchange Commission to pro se Litigants Opposing Summary Judgment (Moye, Robert)
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Filing 696
MOTION by Plaintiff Securities And Exchange Commission for summary judgment against Defendants The Nutmeg Group, LLC, Randall Goulding and David Goulding (Moye, Robert)
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Filing 695
MINUTE entry before the Honorable Jeffrey T. Gilbert: Status hearing held on 12/11/13 on Receiver's Status Report #692 . Receiver shall file her next status report on 7/15/14. If the Court believes it needs a hearing on that status report, it will set a date for such a hearing in a future order. Mailed notice (ber, )
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Filing 694
MINUTE entry before the Honorable Jeffrey T. Gilbert: Status hearing held on 12/6/2013 and continued to 2/18/2014 at 10:00 a.m. Plaintiff will file a motion for summary judgment by 2/7/2014. If the parties file a stipulation with an agreed briefing schedule for that motion by 2/17/2014, the status hearing on 2/18/2014 will be stricken and no appearances will be necessary. Defendant's Motion to Appear Pro Hac Vice #688 is taken under advisement. Mailed notice (ber, )
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Filing 693
MINUTE entry before the Honorable Jeffrey T. Gilbert: To clarify, the only parties that need attend the status hearing reset for today, 12/6/13 #691 , are Plaintiff and the named Defendants and Relief Defendants. The status hearing previously set for 12/11/13 at 9:00 a.m. #682 for a report on the Receiver's Florida collection efforts stands. Neither the Receiver nor her counsel need attend the 12/6/13 status hearing. Mailed notice (ber, )
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Filing 692
Receiver's Status Report by Leslie Weiss (Driscoll, Kevin)
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Filing 691
MINUTE entry before the Honorable Jeffrey T. Gilbert: Status hearing reset to 12/6/2013 at 1:30 PM. Mailed notice (tlp, )
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Filing 690
MINUTE entry before Honorable Jeffrey T. Gilbert: Counsel for the Relief Defendants informed the Court that he is not available for the 11/22/13 status hearing set by the Court. Accordingly, the 11/22/13 status hearing is stricken and will be rescheduled. The Court requests that the parties meet and confer about dates on which they are available, and jointly call the Court's judicial assistant Patricia Hagenmaier at 312-435-5672, to pick a date that is convenient for the parties, counsel and the Court. Defendants David Golding, Inc.'s and David Samuel LLC's Motion for Randall Goulding to Appear Pro Hac Vice #688 is entered and continued generally and will be set for hearing on the date chosen for the status hearing. The motion noticed for 11/22/13 is stricken with no appearance required. Mailed notice (tlp, )
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Filing 689
NOTICE of Motion by Randall S. Goulding for presentment of motion for miscellaneous relief #688 before Honorable Jeffrey T. Gilbert on 11/22/2013 at 09:30 AM. (Goulding, Randall)
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Filing 688
MOTION by Defendants David Goulding, INC, David Samuel, LLC, Randall Gouldingto Appear Pro Hac Vice (Attachments: #1 Supplement, #2 Exhibit A, #3 Exhibit B, #4 Declaration)(Goulding, Randall)
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Filing 687
MINUTE entry before Honorable Jeffrey T. Gilbert: Status hearing set for 11/22/13 at 9:30 a.m. The Court intends to discuss with the parties Plaintiff's proposed motion(s) for summary judgment and to continue with the discussion that began on 9/13/13 #682 concerning trial and pretrial matters. The Court recognizes it still has Defendants' Motion to Strike Disgorgement Damages #657 under advisement. If this date and time chosen by the Court on its own accord presents a conflict for any party or counsel, the parties and counsel jointly should telephone the Court's judicial assistant to reschedule. Mailed notice (tlp, )
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Filing 686
GENERAL ORDER 13-0019 dated 10/17/13: IT IS THEREFORE ORDERED, that the stay entered by General Order 13-0018 is hereby lifted, and any and all deadlines in the affected civil litigation (whether established by order, rule, or agreement), including but not limited to any scheduled discovery and pleading dates, are extended by 28 days. The Court warns litigants that this General Order does not purport to affect rights to or deadlines concerning appeal from any decision of this Court. Any litigant affected by this General Order may see relief from the order by motion. Trial dates in the affected cases will stand, although they may need to be adjusted in individual cases to account for the extension of other dates. The Court may, in any particular case, vary the effect or operation of this General Order by a separate ruling. (For Further Details See Attached Order). Signed by Chief Judge Castillo. (mgh, )
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Filing 685
GENERAL ORDER 13-0018 dated 10/7/13: IT IS HEREBY ORDERED, effective October 1, 2013, that all civil litigation involving as a party the United States of America, is immediately suspended, postponed and held in abeyance continuing for a period of fourteen (14) days from the date of entry of this General Order (For Further Details See Attached Order). Signed by Chief Judge Castillo.Mailed notice (ef, )
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Filing 684
ORDER Granting Receiver's Motion to Employ and Retain Litigation Counsel on Modified Contingency Basis. Signed by the Honorable Jeffrey T. Gilbert on 9/20/2013.(mr, )
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Filing 683
MINUTE entry before Honorable Jeffrey T. Gilbert: Enter Order Granting Receiver's Motion to Employ and Retain Litigation Counsel on Modified Contingency Basis. Mailed notice (mr, )
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Filing 682
MINUTE entry before Honorable Jeffrey T. Gilbert: Motion hearing held on 9/13/13 on Receiver Leslie Weiss's Motion to Employ and Retain Litigation Counsel on Modified Contingency Basis #659 and Plaintiff's Motion for Entry of Default Against Relief Defendants David Goulding, Inc. and David Samuel, LLC #664 . Receiver Leslie Weiss's Motion to Employ and Retain Litigation Counsel on Modified Contingency Basis #659 is granted for the reasons discussed on the record and without objection by any party. Counsel for Receiver Leslie Weiss will draft a proposed order and submit it to Magistrate Judge Gilbert's Proposed Order E-mail Inbox. Status hearing set for 12/11/13 at 9:00 a.m. for a report on the Florida collection efforts. If possible, Receiver Leslie Weiss will appear in person for that hearing. The Receiver also shall file a brief Receiver's Status Report of no more than four pages on or before 12/4/13. Plaintiff's Motion for Entry of Default Against Relief Defendants David Goulding, Inc. and David Samuel, LLC #664 is granted for the reasons discussed on the record. Default entered against Defendants David Goulding, Inc. and David Samuel, LLC pursuant to Federal Rule of Civil Procedure 55(a). Defendants' Motion to Strike Disgorgement Damages Claims #657 is taken under advisement. Rule 16 and pretrial conference held. Plaintiff will, on or before 9/27/13, serve upon Defendants, with a copy to the Court, the letter required under Judge Gilbert's Case Management Procedures as a precursor to a motion for summary judgment (www.ilnd.uscourts.gov/Judges/Magistrate Judge Gilbert/Case Management Procedures/Motions for Summary Judgment). The Court will set a date for the parties and the Court to reconvene concerning the matters discussed at todays conference in a future minute order consistent with the Court's and the parties' schedules. Mailed notice (mr, )
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Filing 681
REPLY by David Goulding, INC, David Samuel, LLC, Financial Alchemy, LLC, David Samuel Goulding, Randall Goulding, Phlly Financial, LLC to response to motion,, #672 to Strike Disgorgement Claim (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Declaration)(Goulding, Randall)
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Filing 680
MINUTE entry before Honorable Jeffrey T. Gilbert: Defendants' Motion for Additional Time to File Reply on Motion to Strike Disgorgement Damages Claim #678 is granted. Defendants' reply shall be filed on or before 9/3/13. Mailed notice (mr, )
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Filing 679
NOTICE of Motion by Randall S. Goulding for presentment of motion for extension of time to file response/reply, motion for relief #678 before Honorable Jeffrey T. Gilbert on 9/13/2013 at 09:45 AM. (Goulding, Randall)
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Filing 678
MOTION by Defendants Financial Alchemy, LLC, David Samuel Goulding, Randall Goulding, Respondent Francie Pinkwater for extension of time to file response/reply as to motion to strike, #657 (Goulding, Randall)
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Filing 677
NOTICE of Motion by Kevin Charles Driscoll, Jr for presentment of motion for miscellaneous relief #659 before Honorable Jeffrey T. Gilbert on 9/13/2013 at 09:45 AM. (Driscoll, Kevin)
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Filing 676
MINUTE entry before Honorable Jeffrey T. Gilbert: Plaintiff SEC's Motion for an Extension of Time to File Response to Discovery Issues in Randall Goulding's Motion to Strike #673 is granted. Plaintiff SEC is granted leave to file its response to Defendants' Motion to Strike #657 on or before 8/15/13, and Defendants shall file their reply on or before 8/29/13. The motion hearing noticed for 9/4/13 at 9:30 is stricken with no appearance required. At the Court's instance, the status hearing and motion hearings noticed for 9/4/13 on Plaintiff SEC's Motion for Entry of Default Against Relief Defendants David Goulding, Inc. and David Samuel LLC #664 and Defendant David Goulding's Motion to Reset Hearing on Plaintiff's Motion for Default #666 are stricken with no appearance required, and the Motions are reset to 9/13/13 at 9:45 a.m. This matter also is set for a status hearing and conference pursuant to Fed.R.Civ.P. 16(a) on 9/13/13 at 9:45 with counsel for all parties to appear in person. The purpose of that hearing and conference is to address generally the matters outlined in Fed. R.Civ.P 16(a) and, in particular, to set a trial date (the Court is available on the previously set trial date of 5/1/14 and the Court's working assumption at this point in time is to hold that date), a timetable and framework for resolving all outstanding pre-trial issues and the filing of a pre-trial order with motions in limine. If this date and time presents a irreconcilable conflict for any party, all parties JOINTLY shall contact the Court's Courtroom Deputy Melissa Rivera to reschedule to a date and time that all parties are available and is consistent with the Court's schedule. Mailed notice (mr, )
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Filing 675
NOTICE of Motion by Robert MacDonald Moye for presentment of motion for entry of default #664 before Honorable Jeffrey T. Gilbert on 9/4/2013 at 09:30 AM. (Moye, Robert)
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Filing 674
NOTICE of Motion by Robert MacDonald Moye for presentment of extension of time #673 before Honorable Jeffrey T. Gilbert on 9/4/2013 at 09:30 AM. (Moye, Robert)
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Filing 673
MOTION by Plaintiff Securities And Exchange Commission for extension of time for SEC's response and Goulding's reply briefs on Goulding's motion to strike damages claim (Moye, Robert)
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Filing 672
RESPONSE by Securities And Exchange Commission to MOTION by Defendants David Goulding, INC, David Samuel, LLC, Financial Alchemy, LLC, David Samuel Goulding, Randall Goulding, Eric Irrgang, Phlly Financial, LLC to strike DISGORGEMENT DAMAGES CLAIM #657 (Attachments: #1 Exhibit 1, SEC's supplemental disgorgement disclosures, #2 Exhibit 2, SEC's amended interrogatory answer, #3 Exhibit 3, SEC's prior supplemental disclosures, #4 Exhibit 4, SEC's response to first set of requests to admit, #5 Exhibit 5, SEC's responses to second set of requests to admit)(Moye, Robert)
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Filing 671
ORDER REASSIGNING Case to the Honorable Jeffrey T. Gilbert, pursuant to Local Rule 73.1(B) for all further proceedings parties having consented to the reassignment. Signed by Honorable Sharon Johnson Coleman on August 6, 2013.(tlp, )
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Filing 670
MINUTE entry before Honorable Sharon Johnson Coleman: The parties have consented to proceed before Magistrate Judge Gilbert. The following dates before this court: Jury trial set to 5/1/2014, Status hearing set to 10/4/2013, Motion hearing on Receiver's motion to employ and retain #659 , Plaintiff's motion for entry of default #664 , and Defendant's motion to reset hearing #666 all set to 9/4/2013 are hereby stricken.Mailed notice (rth, )
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Filing 669
JOINT CONSENT to Exercise of Jurisdiction by a United States Magistrate Judge (Moye, Robert)
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Filing 668
MINUTE entry before Honorable Sharon Johnson Coleman: Motion hearing held on 8/1/2013. Plaintiff's motion for entry of default against relief defendants David Goulding, Inc. and David Samuel, LLC #664 is entered and continued to 9/4/2013 at 09:00 AM.Mailed notice (rth, )
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Filing 667
NOTICE of Motion by David Samuel Goulding for presentment of motion to reset #666 before Honorable Sharon Johnson Coleman on 9/4/2013 at 08:45 AM. (Goulding, David)
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Filing 666
MOTION by Defendant David Samuel Goulding to reset Hearing on Plaintiff's Motion for Default (Goulding, David)
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Filing 665
NOTICE of Motion by Andrew Charles Shoenthal for presentment of motion for entry of default #664 before Honorable Sharon Johnson Coleman on 8/1/2013 at 08:45 AM. (Shoenthal, Andrew)
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Filing 664
MOTION by Plaintiff Securities And Exchange Commission for entry of default Against Relief Defendants David Goulding, Inc. and David Samuel, LLC (Shoenthal, Andrew)
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Filing 663
MINUTE entry before Honorable Jeffrey T. Gilbert: Status hearing set for 9/4/13 at 9:30 a.m. before Magistrate Judge Gilbert. Mailed notice (mr, )
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Filing 661
MINUTE entry before Honorable Jeffrey T. Gilbert: Motion hearing held on 7/23/13 on Defendants' Motion to Strike Disgorgement Damages Claim #657 . For the reasons stated on the record, the only parts of Defendants' Motion that are properly before Magistrate Judge Gilbert at the present time are those relating to Defendants' request for sanctions arising from Plaintiff's alleged failure to answer fully Defendant Randall Goulding's interrogatory concerning the nature of the disgorgement relief being sought by Plaintiff in this case and Defendants' request that the Court deem admitted certain Rule 36 requests for admission. The Court sets the following briefing schedule on those aspects of Defendants' Motion: Plaintiff shall respond on or before 8/13/13. Defendants shall reply on or before 8/27/13. Status hearing set on 9/4/13 at 9:30 a.m. Mailed notice (mr, )
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Filing 660
NOTICE of Motion by Kevin Charles Driscoll, Jr for presentment of motion for miscellaneous relief #659 before Honorable Sharon Johnson Coleman on 9/4/2013 at 08:45 AM. (Driscoll, Kevin)
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Filing 659
MOTION by Receiver Leslie Weiss Receiver's Motion to Employ and Retain Litigation Counsel on Modified Contingency Basis (Attachments: #1 Exhibit A - Billing Instructions)(Driscoll, Kevin)
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Filing 662
MINUTE entry before Honorable Sharon Johnson Coleman: Status hearing held on 7/19/2013. Status hearing set for 10/4/2013 at 09:00 AM. The parties are taking the issue of consenting to the jurisdiction of Magistrate Judge Gilbert under consideration.Mailed notice (rth, )
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Filing 658
NOTICE of Motion by Randall S. Goulding for presentment of motion to strike, #657 before Honorable Jeffrey T. Gilbert on 7/23/2013 at 09:15 AM. (Goulding, Randall)
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Filing 657
MOTION by Defendants David Goulding, INC, David Samuel, LLC, Financial Alchemy, LLC, David Samuel Goulding, Randall Goulding, Eric Irrgang, Phlly Financial, LLC to strike DISGORGEMENT DAMAGES CLAIM (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K)(Goulding, Randall)
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Filing 656
WRITTEN Opinion entered by the Honorable Jeffrey T. Gilbert on 6/7/2013: Status hearing held on 6/7/14. The parties reported that Mari Ready of Crowe Horwath was deposed on 5/31/13 per the Court's prior order #650 . The parties also reported their different characterizations and interpretations of Ms. Reidy's testimony at her deposition. As discussed on the record and for the reasons summarized in the Statement below, the Court sua sponte orders plaintiff to supplement its Rule 26(a)(1)(A)(iii) disclosure and break down the $2,334,838.17 that plaintiff states it is seeking from one or more of the primary defendants or the relief defendants in this case, and to amend its answer to defendant Randall Goulding's interrogatory served on 7/25/12 seeking an explanation of the components of the $2,334,838.17 that Nutmeg is alleged to owe to Fund investors as referenced in paragraph 88 of plaintiff's amended complaint [553-18]. Plaintiff shall serve its supplemental disclosure and amended response to defendant's interrogatory on or before 6/28/13. See Statement for further details. Mailed notice(mr, )
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Filing 655
MINUTE entry before Honorable Sharon Johnson Coleman: Motion hearing held on 5/30/2013. Receiver's twenty fifth motion for interim fees #653 is granted.Mailed notice (rth, )
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Filing 654
NOTICE of Motion by Kevin Charles Driscoll, Jr for presentment of motion for attorney fees #653 before Honorable Sharon Johnson Coleman on 5/30/2013 at 08:45 AM. (Driscoll, Kevin)
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Filing 653
MOTION by Receiver Leslie Weiss for attorney fees Receiver's Twenty-Fifth Interim Fee Application (Driscoll, Kevin)
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Filing 652
MINUTE entry before Honorable Jeffrey T. Gilbert: Settlement conference held on 5/10/2013. Status hearing set for 6/7/13 at 10:00 a.m. Mailed notice (mr, )
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Filing 651
MINUTE entry before Honorable Sharon Johnson Coleman: Defendants' motion to reset scheduling order #646 is denied. No appearance required on 5/9/2013.Mailed notice (rth, )
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Filing 650
MINUTE entry before Honorable Jeffrey T. Gilbert: Motion hearing held on 5/6/13. For the reasons stated on the record, Defendants Randall and David Gouldings' Motions In Limine [ #634 , #639 ] are denied without prejudice. Plaintiff's Motion to Take the Deposition of Mari Reidy #641 is granted for the reasons stated on the record. The Court orders that the deposition of Mari Reidy take place within the next thirty (30) days. Mailed notice (mr, )
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Filing 649
MINUTE entry before Honorable Jeffrey T. Gilbert: The Court's Order entered on 4/30/13 #648 is amended as follows: Plaintiff's Motion for Leave to Depose Mari Reidy [DE#641 ] and Defendants Randall and David Gouldings' Motions In Limine -- Disgorgement Damages [DE#'s #634 , [639 ] are set for hearing on 5/6/13 at 10:30 a.m. Mailed notice (mr, )
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Filing 648
MINUTE entry before Honorable Jeffrey T. Gilbert: Plaintiff's Motion for Leave to Depose Mari Reidy [DE#641 ] and Defendant Randall Goulding's Motion In Limine -- Disgorgement Damages [DE#639 ] are set for hearing on 5/6/13 at 10:30 a.m. If a transcript of Mari Ready's deposition taken earlier in this case exists, Plaintiff shall deliver to Magistrate Judge Gilbert's chambers a copy of that transcript as soon as possible. Mailed notice (mr, )
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Filing 647
NOTICE of Motion by Randall S. Goulding for presentment of motion for miscellaneous relief #646 before Honorable Sharon Johnson Coleman on 5/9/2013 at 08:45 AM. (Goulding, Randall)
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Filing 646
MOTION by Defendants David Samuel Goulding, Randall GouldingReset Scheduling Order, or to Not Permit the SECs Attempted Reopening of Discovery (Attachments: #1 Exhibit A)(Goulding, Randall)
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Filing 645
MINUTE entry before Honorable Jeffrey T. Gilbert: Motion hearing held on 4/18/13. Plaintiffs' Motion to Modify Settlement Conference Procedures #637 is granted. The settlement conference scheduled for 5/10/13 will stand. Although the Court's order of 3/28/13 #633 said Defendants had the option but not the obligation to respond in writing to Plaintiff's settlement letter of 4/16/13, the Court now amends that order, having read Plaintiff's settlement letter, and requests a written response from Defendants on or before 5/1/13. Defendants shall deliver a copy of their response to Plaintiff's settlement letter to chambers when that letter is delivered to Plaintiff on 5/1/13. For the reasons stated on the record, Defendant Randall Goulding's Motion In Limine Regarding Disgorgement Damages #634 , which Judge Coleman ordered Defendant to re-notice before Magistrate Judge Gilbert #643 , and Plaintiffs' Motion to Take Deposition of Mari Reidy #641 are taken under advisement. There is no need to re-notice that Motion before Magistrate Judge Gilbert at the present time. The Court either will rule via the CM/ECF system or set a hearing or ruling date for one or both of the pending Motions [ #634 , #641 ]. Mailed notice (mr, )
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Filing 644
RESPONSE by David Samuel Gouldingin Opposition to MOTION by Plaintiff Securities And Exchange Commission to take deposition of Mari Reidy #641 (Attachments: #1 Reidy transcript)(Goulding, David)
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Filing 643
MINUTE entry before Honorable Sharon Johnson Coleman: Status hearing held on 4/15/2013. Defendants' motions in limine #634 #639 shall be re-noticed before Magistrate Judge Gilbert. No appearance required on 4/18/2013. Dispositive motions with supporting memoranda due by 10/31/2013. Status hearing set for 7/19/2013 at 09:00 AM. Jury Trial set for 5/1/2014 at 10:00 AM. Parties shall contact the courtroom deputy within 14 days to confirm the date.Mailed notice (rth, )
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Filing 642
NOTICE of Motion by Robert MacDonald Moye for presentment of motion to take deposition #641 before Honorable Jeffrey T. Gilbert on 4/18/2013 at 09:15 AM. (Moye, Robert)
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Filing 641
MOTION by Plaintiff Securities And Exchange Commission to take deposition of Mari Reidy (Moye, Robert)
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Filing 640
NOTICE of Motion by David Samuel Goulding for presentment of before Honorable Sharon Johnson Coleman on 4/18/2013 at 08:45 AM. (Goulding, David)
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Filing 639
MOTION by Defendant David Samuel Gouldingin limine (Attachments: #1 Declaration Preclusion Motion)(Goulding, David)
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Filing 638
NOTICE of Motion by Robert MacDonald Moye for presentment of motion for miscellaneous relief #637 before Honorable Jeffrey T. Gilbert on 4/18/2013 at 09:15 AM. (Moye, Robert)
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Filing 637
MOTION by Plaintiff Securities And Exchange CommissionModify Settlement Conference Procedures (Moye, Robert)
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Filing 636
NOTICE of Motion by Randall S. Goulding for presentment of motion in limine, #634 before Honorable Sharon Johnson Coleman on 4/18/2013 at 08:45 AM. (Goulding, Randall)
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Filing 635
NOTICE by Randall Goulding re MOTION by Defendant Randall Gouldingin limine Disgorgement Damages #634 (Goulding, Randall)
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Filing 634
MOTION by Defendant Randall Gouldingin limine Disgorgement Damages (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, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Declaration)(Goulding, Randall)
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Filing 633
MINUTE entry before Honorable Jeffrey T. Gilbert: Status hearing held on 3/28/13. Plaintiff shall complete production of documents in response to Defendant Randall Goulding's modified discovery request(s) on or before 4/8/13. The Court suggested that the parties seriously contemplate participating in a settlement conference. Plaintiff shall tender a settlement demand to Defendants on or before 4/16/13. If Defendants wish to respond, they may do so on or before 5/1/13. Settlement conference tentatively scheduled, subject to the Court's and all parties' and counsel's availability, for 5/10/13 beginning at 9:30 a.m. If the Court is able to convene the settlement conference during the week of May 13, 2013, it will so inform Plaintiff's counsel and Defendants. To be clear, neither the parties nor the Court intend for any settlement discussions to delay or derail the continued progress of this 2009 case toward resolution in whole or in part through dispositive motion practice or trial. Rather it is the Court's and the parties' intent to proceed on parallel tracks designed either to resolve the case consensually or on the merits. Mailed notice (mr, )
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Filing 632
MINUTE entry before Honorable Sharon Johnson Coleman: Defendant's motion to reset April 5, 2013 status hearing #627 is granted. Status hearing set for 4/5/2013 is stricken and reset to 4/15/2013 at 09:00 AM. No appearance required on 3/28/2013.Mailed notice (rth, )
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Filing 631
REPLY by Randall Goulding to response in opposition to motion, #573 Amended reply as redacted (Attachments: #1 Declaration)(Goulding, Randall)
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Filing 630
MOTION by Defendant Randall Goulding for sanctions original Reply as redacted (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Goulding, Randall)
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Filing 629
MOTION by Defendant Randall Goulding for sanctions As redacted (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Declaration)(Goulding, Randall)
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Filing 628
NOTICE of Motion by Randall S. Goulding for presentment of motion to reset #627 before Honorable Sharon Johnson Coleman on 3/28/2013 at 09:45 AM. (Goulding, Randall)
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Filing 627
MOTION by Defendant Randall Goulding to reset Status (Goulding, Randall)
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Filing 626
WRITTEN Opinion entered by the Honorable Jeffrey T. Gilbert on 3/1/2013: Motion hearing held on 2/26/13 on Plaintiff's Motion for An Extension of Time to Answer or Supplement Interrogatory Answers [DE#617 ]. For the reasons explained in the Statement below, the Court sua sponte reconsiders and modifies its ruling on 2/18/13 [DE#611 ] to the limited extent that Defendant's Motion to Compel a further response to Interrogatory No. 1 [DE#553 ] is now denied, and Plaintiff no longer is required to supplement its answer to Interrogatory No. 1. Therefore, Plaintiff's Motion for An Extension of Time to Answeror Supplement Interrogatory Answers [DE#617 ] is denied as moot. This case is set for a status hearing on 3/28/13 at 10:45 a.m. See Statement for further details. Mailed notice(mr, )
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Filing 625
MINUTE entry before Honorable Jeffrey T. Gilbert: Defendant Randall Goulding's Motion to Remove Exhibits (Docket Numbers 545, 599 and 603-1) For Redacting #619 is granted. The Clerk's office is directed to remove documents #545 , #599 , and [603-1] from the docket. Defendant Randall Goulding is directed to re-file the properly redacted documents as separate docket entries. Mailed notice (mr, )
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Filing 624
MINUTE entry before Honorable Jeffrey T. Gilbert: Status hearing held on 2/26/13. Pursuant to the Court's order of 1/18/13 #611 , the Receiver and Lasko reported on their progress in producing the documents the Court previously ordered produced. The documents to be produced by the Receiver to Defendants Randall and David Goulding pursuant to the Courts order of 1/18/13 shall be used by Defendants only in connection with this case and the issues involved in this case and shall not be disclosed to third parties or non-parties, other than expert witnesses, without a Court order. Mailed notice (mr, )
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Filing 623
TRANSCRIPT OF PROCEEDINGS held on 2/4/2013 before the Honorable Jeffrey T. Gilbert. Court Reporter Contact Information: ALEXANDRA ROTH, (312) 408-5038, alexandra_roth@ilnd.uscourt.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 3/18/2013. Redacted Transcript Deadline set for 3/28/2013. Release of Transcript Restriction set for 5/28/2013. (Roth, Alexandra)
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Filing 622
TRANSCRIPT OF PROCEEDINGS held on 11/15/2011 before the Honorable William J. Hibbler. Court Reporter Contact Information: ALEXANDRA ROTH, (312) 408-5038, alexandra_roth@ilnd.uscourt.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 3/18/2013. Redacted Transcript Deadline set for 3/28/2013. Release of Transcript Restriction set for 5/28/2013. (Roth, Alexandra)
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Filing 621
RESPONSE by Securities And Exchange Commission to MOTION by Defendant Randall GouldingMisc. #619 (Moye, Robert)
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Filing 620
RESPONSE by David Samuel Gouldingin Opposition to MOTION by Plaintiff Securities And Exchange Commission for extension of time to answer or supplement interrogatories #617 (Goulding, David)
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Filing 619
MOTION by Defendant Randall GouldingMisc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Goulding, Randall)
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Filing 618
NOTICE of Motion by Robert MacDonald Moye for presentment of extension of time #617 before Honorable Jeffrey T. Gilbert on 2/26/2013 at 10:00 AM. (Moye, Robert)
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Filing 617
MOTION by Plaintiff Securities And Exchange Commission for extension of time to answer or supplement interrogatories (Moye, Robert)
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Filing 616
WRITTEN Opinion entered by the Honorable Jeffrey T. Gilbert on 2/6/2013: Motion and status hearing held on 2/4/13. Defendant Randall Goulding's Motion for Sanctions Due to Multiple Frauds on the Court, etc. #545 and Defendant David Goulding's Motion for Sanctions Due to Multiple Frauds on the Court, etc. #548 are denied for the reasons stated on the record. However, the order entered on 9/1/10 #230 by the late Judge William J. Hibbler, who previously presided over this case, is annotated in one respect for the reasons discussed below in light of one of the arguments raised by Defendants in their Motions. Motion to Quash by Alan D. Lasko and Alan D. Lasko & Associates, P.C. #561 is granted in part and denied in part for the reasons stated on the record. The parties also reported on the status of various matters discussed in the Court's order of 1/18/13 #611 . Continued status hearing set for 2/26/13 at 10:00 a.m. (See Written Opinion for further details.) Mailed notice(mr, )
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Filing 615
MINUTE entry before Honorable Sharon Johnson Coleman: Accordingly, this Court denies Weiss' motion for fees to pay the law firm of Novack & Macey, LLP, out of the receivership estate without prejudice. Weiss' motion for instructions #582 and for extension of time #613 are moot in light of the ruling on the motion for fees. Status hearing set to 2/4/2013 is stricken and reset to 4/5/2013 at 9:00 a.m.Mailed notice (rth, )
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Filing 614
NOTICE of Motion by Kevin Charles Driscoll, Jr for presentment of motion for extension of time to file response/reply, motion for relief #613 before Honorable Sharon Johnson Coleman on 2/4/2013 at 09:45 AM. (Driscoll, Kevin)
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Filing 613
MOTION by Receiver Leslie Weiss for extension of time to file response/reply as to reply #612 (Driscoll, Kevin)
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Filing 612
REPLY by Receiver Leslie Weiss to motion for attorney fees #586 for Novack & Macey (Attachments: #1 Exhibit A-E)(Driscoll, Kevin)
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Filing 611
MINUTE entry before Honorable Jeffrey T. Gilbert: Motion hearing held. For the reasons stated on the record, Defendant's Motion to Compel Further Responses to Interrogatories #553 is granted in part and denied in part. Plaintiff is given 30 days, until 2/18/13, to amend or supplement its answers to Defendant's interrogatory number 1 from Defendant's first set of interrogatories and to Defendant's interrogatory served on 6/25/12. In all other respects, Defendant's Motion to Compel #553 is denied. For the reasons stated on the record, Defendant's Motion to Compel Compliance With Defendant's Requests for Production #555 is granted in part with respect to the Stealth Fund valuation as of December 31, 2008, and denied in all other respects without prejudice to Defendant Randall Goulding possibly limiting to a more narrow, focused category or categories his request for production of ALL communications Plaintiff has had with the Receiver, Nutmeg's portfolio companies and its investors, and subject further to whatever objections Plaintiff may have to such narrowed requests. Plaintiff shall produce on or before 2/1/13 any document(s) it has with respect to the Stealth Fund valuation at December 31, 2008. For the reasons stated on the record, Defendant's Motion to Compel Compliance with Requests to the Receiver #557 is moot with respect to Requests 1 and 4 as the Receiver has agreed to make available for inspection the missing attachments to documents previously produced by the Receiver with Bates numbers 1 through 287, denied with respect to Requests 6 and 7, which are overbroad as drafted, without prejudice to further discussion between Defendant and the Receiver with respect to narrowing those requests, and taken under advisement with respect to the income tax returns sought by Request 3 pending further discussion concerning Defendant possibly narrowing those broad requests. Defendant concedes that Requests 2 and 5 to the Receiver were resolved and withdrawn. The motions previously set for hearing on 1/23/13 [545, 548 and 561] are reset to 2/4/13 at 10:00 a.m. or immediately after the District Judge's status hearing in this matter set the same day at 9:45 a.m. #576 A status hearing concerning the matters referenced herein as meriting further discussion between Plaintiff, Defendant and the Receiver also is set for 2/4/13 at 10:00 a.m. as well. Mailed notice (ep, )
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Filing 610
MINUTE entry before Honorable Jeffrey T. Gilbert: Status hearing and background discussion with counsel held on-the-record on 1/9/13 per the Court's order of 1/8/13 #609 . Defendant Randall Goulding's motions to compel #553 , #555 , #557 previously set for hearing on 1/9/13 are reset to 1/18/13 at 9:30 a.m. Defendants Randall and David Goulding's motions for sanctions #545 and #548 and Intervenor Lasko's motion to quash #561 previously set for hearing on 1/9/13 are reset to 1/23/13 at 9:30 a.m. Mailed notice (ep, )
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Filing 609
MINUTE entry before Honorable Jeffrey T. Gilbert: In a minute order entered on 11/14/12 #575 , the Court set oral argument on a number of pending discovery and sanctions motions for 1/9/13 at 9:30 a.m. After that order was entered, the Court extended the briefing schedule on certain of those motions at the parties' request [581, 594]. The Court is still in the process of reviewing the massive amount of material filed in support of and in opposition to the motions. Accordingly, the Court does not intend to hear extended argument on 1/9/13 on any of the pending motions. Rather, the Court intends to engage in some limited dialogue with the parties in an attempt to clarify certain matters addressed in the motion papers and set a new hearing date or dates on the pending motions consistent with the Court's and the parties' schedules. Mailed notice (ep, )
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Filing 608
REPLY by Defendant Randall Goulding to motion to compel, #555 The SEC (Attachments: #1 Declaration)(Goulding, Randall)
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Filing 607
REPLY by Defendant Randall Goulding to motion to compel, #557 (Goulding, Randall)
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Filing 606
REPLY by Intervenor Alan D. Lasko and Lasko & Associates, P.C. to motion to quash #561 (IN SUPPORT) (Attachments: #1 Exhibit 1)(Yuknis, Clifford)
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Filing 605
MINUTE entry before Honorable Jeffrey T. Gilbert: Defendant Randall Goulding's Motion to File and Amended Reply to Defendants' Motion for Sanctions #603 is granted. Hearing on Defendant's Motion to File #603 set for 1/9/13 at 9:30 a.m. is stricken. Mailed notice (ep, )
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Filing 604
NOTICE by Randall Goulding re MOTION by Defendant Randall Goulding for sanctions To File an Amended Reply #603 (Goulding, Randall)
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Filing 603
MOTION by Defendant Randall Goulding for sanctions To File an Amended Reply (Attachments: #1 Exhibit, #2 Declaration)(Goulding, Randall) (Attachment 1 replaced on 2/28/2013) (vcf, ).
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Filing 602
REPLY by Defendant Randall Goulding On Motion to Compel SEC (Attachments: #1 Exhibit A)(Goulding, Randall)
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Filing 600
REPLY by David Samuel Goulding to response in opposition to motion, #573 , response in opposition to motion, #572 DSG Reply (Goulding, David)
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Filing 599
Document removed per court order dated 2/27/2013.
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Filing 598
NOTICE by Securities And Exchange Commission re response to motion,, #595 of Filing of Additional Exhibit (Attachments: #1 Exhibit 7.5, email and attachment)(Moye, Robert)
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Filing 597
SUPPLEMENT to motion for miscellaneous relief #582 Receiver's Supplement to Motion for Instructions as to Nutmeg's Involvement in Investor Suit (Driscoll, Kevin)
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Filing 601
MINUTE entry before Honorable Sharon Johnson Coleman: Motion hearing held on 12/5/2012. Receiver Leslie Weiss' Twenty-Fourth Interim Fee Application #584 is granted. On receiver's Motion for Instructions as to Nutmeg's Involvement in Investor Suit #582 and Receiver's Second Fee Application to Pay Invoices of Novack and Macey LLP #586 , responses due by 1/4/2013. Replies due by 1/18/2013. Contrary to the date given in open court, the status hearing set to 2/4/2013 at 9:45 a.m. shall stand. Parties shall be prepared for brief argument if necessary.Mailed notice (rth, )
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Filing 596
RESPONSE by Defendant Randall Goulding to motion to quash #561 (Goulding, Randall)
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Filing 595
RESPONSE by Securities And Exchange Commission to MOTION by Defendant Randall Goulding to compel #555 production of documents (Attachments: #1 Exhibit 1, discovery response, #2 Exhibit 2, letter, #3 Exhibit 3, letter, #4 Exhibit 4, letter, #5 Exhibit 5, email, #6 Exhibit 6, discovery response, #7 Exhibit 7, discovery response, #8 Exhibit 8, discovery response, #9 Exhibit 9, discovery response, #10 Exhibit 10, discovery response, #11 Exhibit 11, discovery response, #12 Exhibit 12, discovery response, #13 Exhibit 13, discovery response, #14 Exhibit 14, supplemental disclosures)(Moye, Robert)
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Filing 594
MINUTE entry before Honorable Jeffrey T. Gilbert: Motion hearing held on 12/4/12. Defendants' Motion for Extension of Time to Reply to the Motion for Sanctions #590 is granted. Defendants shall file their reply memorandum by 12/10/12. Plaintiff SEC indicated that it will file its brief in response to Mr. Goulding's Motion to Compel #555 , that was due on 11/30/12, by the end of business on 12/4/12. Defendant Randall Goulding shall reply on or before 12/24/12. Accordingly, the briefing scheduled set on 11/27/12 #581 is modified to this extent. The SEC's Motion to Compel #588 is granted in part and mooted in part. With respect to the SEC's request that Mr. Goulding appear for his continued deposition, the Court orders Defendant Randall Goulding to sit for an additional seven hours of deposition for the reasons stated in open court. The Court extends fact discovery to 12/28/12 to allow for Mr. Goulding's deposition to be completed. The parties will agree on a mutually acceptable date to take Defendant's deposition within the next three weeks. With respect to the SEC's request that Defendant Goulding pay for time spent by the SEC's expert before and during his deposition, the Court accepts the SEC's proposed alternative to ordering Mr. Goulding to pay the expert's bill (since Mr. Goulding says he is without the funds to do so) and, instead, relieves the SEC of any obligation under Rule 26(b)(4)(E) to pay the cost of Mr. Goulding's expert in connection with his deposition or the preparation for that deposition. Because Defendant Randall Goulding produced the documents given to his valuation expert last night, the SEC's request that the Court order Mr. Goulding to produce that material is moot. Mailed notice (ep, )
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Filing 593
OBJECTIONS by Randall Goulding to MOTION by Receiver Leslie Weiss for attorney fees Receiver's Second Fee Application to Pay Invoices of Novack and Macey LLP #586 (Attachments: #1 Declaration, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Goulding, Randall)
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Filing 592
MINUTE entry before Honorable Jeffrey T. Gilbert: The hearing on Defendants' Motion for Additional Time to File their Reply #590 set for 12/6/12 at 9:30 a.m. is reset to 12/4/12 at 9:15 a.m. Mailed notice (ep, )
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Filing 591
NOTICE of Motion by Randall S. Goulding for presentment of extension of time #590 before Honorable Jeffrey T. Gilbert on 12/6/2012 at 09:30 AM. (Goulding, Randall)
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Filing 590
MOTION by Defendants David Samuel Goulding, Randall Goulding for extension of time To reply on motion for sanctions (Goulding, Randall)
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Filing 589
NOTICE of Motion by Robert MacDonald Moye for presentment of motion to compel, #588 before Honorable Jeffrey T. Gilbert on 12/4/2012 at 09:15 AM. (Moye, Robert)
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Filing 588
MOTION by Plaintiff Securities And Exchange Commission to compel deposition of Randall Goulding, production of expert's documents and payment for expert's deposition (Attachments: #1 Exhibit 1, subpoenas, #2 Exhibit 2, emails, #3 Exhibit 3, emails, #4 Exhibit 4, emails, #5 Exhibit 5, emails, #6 Exhibit 6, invoice)(Moye, Robert)
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Filing 587
NOTICE of Motion by Kevin Charles Driscoll, Jr for presentment of motion for attorney fees #586 before Honorable Sharon Johnson Coleman on 12/5/2012 at 08:45 AM. (Driscoll, Kevin)
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Filing 586
MOTION by Receiver Leslie Weiss for attorney fees Receiver's Second Fee Application to Pay Invoices of Novack and Macey LLP (Driscoll, Kevin)
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Filing 585
NOTICE of Motion by Kevin Charles Driscoll, Jr for presentment of motion for attorney fees #584 before Honorable Sharon Johnson Coleman on 12/5/2012 at 08:45 AM. (Driscoll, Kevin)
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Filing 584
MOTION by Receiver Leslie Weiss for attorney fees Receiver's Twenty-Fourth Interim Fee Application (Driscoll, Kevin)
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Filing 583
NOTICE of Motion by Kevin Charles Driscoll, Jr for presentment of motion for miscellaneous relief #582 before Honorable Sharon Johnson Coleman on 12/5/2012 at 08:45 AM. (Driscoll, Kevin)
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Filing 582
MOTION by Receiver Leslie Weiss Receiver's Motion for Instructions as to Nutmeg's Involvement in Investor Suit (Driscoll, Kevin)
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Filing 581
MINUTE entry before Honorable Jeffrey T. Gilbert: Plaintiff's Motion to Extend Time to File its Response #579 is granted. The Court sets the following amended briefing schedule: SEC shall respond to Mr. Goulding's Motion to Compel #555 on or before 11/30/12. Randall Goulding shall file his reply on or before 12/18/12. Hearing set for 11/29/12 at 9:15 a.m. is stricken and no appearance is necessary. Mailed notice (ep, )
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Filing 580
NOTICE of Motion by Robert MacDonald Moye for presentment of motion for extension of time to file response/reply #579 before Honorable Jeffrey T. Gilbert on 11/29/2012 at 09:15 AM. (Moye, Robert)
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Filing 579
MOTION by Plaintiff Securities And Exchange Commission for extension of time to file response/reply to Randall Goulding's motion to compel production of documents (Moye, Robert)
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Filing 578
RESPONSE by Securities And Exchange Commission to MOTION by Defendant Randall Goulding to compel Responses to Interrogatories #553 (Attachments: #1 Exhibit 1, Interrogatory responses, #2 Exhibit 2, Interrogatory responses, #3 Exhibit 3, Interrogatory responses, #4 Exhibit 4, Interrogatory responses, #5 Exhibit 5, Interrogatory responses)(Moye, Robert)
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Filing 577
RESPONSE by Leslie Weissin Opposition to MOTION to compel #557 (Driscoll, Kevin)
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Filing 576
MINUTE entry before Honorable Sharon Johnson Coleman: Status hearing held on 11/16/2012. Status hearing set for 2/4/2013 at 09:45 AM. Fact discovery extended to 12/7/2012 as to 2 witnesses as set forth in open court.Mailed notice (rth, )
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Filing 575
MINUTE entry before Honorable Jeffrey T. Gilbert: Oral argument on Defendant Randall Goulding's Motion for Sanctions #545 , Defendant David Goulding's Motion for Sanctions #548 , Defendant Randall Goulding's Motions to Compel [553, 555, 557] and the Intervenors' Motion to Quash #561 are set for 1/9/13 at 9:30 a.m. The Court sets the following briefing schedule on the Intervenors' Motion to Quash #561 : responses shall be filed on or before 12/5/12 and replies shall be filed on or before 12/19/12. Hearing on the Motion to Quash #561 set for 11/15/12 at 9:15 a.m. is stricken and no appearance is necessary. Mailed notice (ep, )
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Filing 574
RESPONSE by Securities And Exchange Commissionin Opposition to MOTION by Defendant David Samuel Goulding for sanctions #548 (Attachments: #1 Exhibit Email)(Moye, Robert)
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Filing 573
RESPONSE by Securities And Exchange Commissionin Opposition to MOTION by Defendant Randall GouldingJudgment, Sanctions #545 (Attachments: #1 Exhibit 1, Email, #2 Exhibit 2, Letter, #3 Exhibit 3, Letter, #4 Exhibit 4, Disclosures, #5 Exhibit 5, Check, #6 Exhibit 6, Transfers, #7 Exhibit 7, Subpoena, #8 Exhibit 8, Notice, #9 Exhibit 9, Transcript, #10 Exhibit 10, Transcript, #11 Exhibit 11, Transcript)(Moye, Robert)
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Filing 572
RESPONSE by Leslie Weiss and Kevin Driscoll in Opposition to Defendant Randall Goulding's Motion for Sanctions #545 and Defendant David Samuel Goulding's Motion for Sanctions #548 (Attachments: #1 Exhibit A-E)(Parker, Rebekah) Modified on 11/9/2012 (ep, ).
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Filing 571
TRANSCRIPT OF PROCEEDINGS held on 6/15/09 before the Honorable William J. Hibbler. Court Reporter Contact Information: ALEXANDRA ROTH, (312) 408-5038, alexandra_roth@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 11/19/2012. Redacted Transcript Deadline set for 11/29/2012. Release of Transcript Restriction set for 1/28/2013. (Roth, Alexandra)
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Filing 570
TRANSCRIPT OF PROCEEDINGS held on 10/12/10 before the Honorable William J. Hibbler. Court Reporter Contact Information: ALEXANDRA ROTH, (312) 408-5038, alexandra_roth@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 11/19/2012. Redacted Transcript Deadline set for 11/29/2012. Release of Transcript Restriction set for 1/28/2013. (Roth, Alexandra)
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Filing 569
TRANSCRIPT OF PROCEEDINGS held on 12/17/09 before the Honorable William J. Hibbler. Court Reporter Contact Information: ALEXANDRA ROTH, (312) 408-5038, alexandra_roth@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 11/19/2012. Redacted Transcript Deadline set for 11/29/2012. Release of Transcript Restriction set for 1/28/2013. (Roth, Alexandra)
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Filing 568
TRANSCRIPT OF PROCEEDINGS held on 12/16/09 before the Honorable William J. Hibbler. Court Reporter Contact Information: ALEXANDRA ROTH, (312) 408-5038, alexandra_roth@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 11/19/2012. Redacted Transcript Deadline set for 11/29/2012. Release of Transcript Restriction set for 1/28/2013. (Roth, Alexandra)
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Filing 567
TRANSCRIPT OF PROCEEDINGS held on 12/8/09 before the Honorable William J. Hibbler. Court Reporter Contact Information: ALEXANDRA ROTH, (312) 408-5038, alexandra_roth@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 11/19/2012. Redacted Transcript Deadline set for 11/29/2012. Release of Transcript Restriction set for 1/28/2013. (Roth, Alexandra)
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Filing 566
TRANSCRIPT OF PROCEEDINGS held on 12/2/09 before the Honorable William J. Hibbler. Court Reporter Contact Information: ALEXANDRA ROTH, (312) 408-5038, alexandra_roth@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 11/19/2012. Redacted Transcript Deadline set for 11/29/2012. Release of Transcript Restriction set for 1/28/2013. (Roth, Alexandra)
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Filing 565
TRANSCRIPT OF PROCEEDINGS held on 10/15/09 before the Honorable William J. Hibbler. Court Reporter Contact Information: ALEXANDRA ROTH, (312) 408-5038, alexandra_roth@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 11/19/2012. Redacted Transcript Deadline set for 11/29/2012. Release of Transcript Restriction set for 1/28/2013. (Roth, Alexandra)
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Filing 564
TRANSCRIPT OF PROCEEDINGS held on 9/16/09 before the Honorable William J. Hibbler. Court Reporter Contact Information: ALEXANDRA ROTH, (312) 408-5038, alexandra_roth@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 11/19/2012. Redacted Transcript Deadline set for 11/29/2012. Release of Transcript Restriction set for 1/28/2013. (Roth, Alexandra)
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Filing 563
TRANSCRIPT OF PROCEEDINGS held on 8/11/09 before the Honorable William J. Hibbler. Court Reporter Contact Information: ALEXANDRA ROTH, (312) 408-5038, alexandra_roth@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 11/19/2012. Redacted Transcript Deadline set for 11/29/2012. Release of Transcript Restriction set for 1/28/2013. (Roth, Alexandra)
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Filing 562
NOTICE of Motion by Clifford E. Yuknis for presentment of motion to quash #561 before Honorable Jeffrey T. Gilbert on 11/15/2012 at 09:15 AM. (Yuknis, Clifford)
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Filing 561
MOTION by Intervenor Alan D. Lasko and Lasko & Associates, P.C. to quash (Attachments: #1 Exhibit A)(Yuknis, Clifford)
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Filing 560
MINUTE entry before Honorable Jeffrey T. Gilbert: The Court's previous order issued on 10/18/12 #559 is amended to include the extension of the discovery schedule. All fact discovery shall be completed by 11/19/12. Defendants' expert rebuttal/supplemental reports shall be due on or before 12/14/12. All expert discovery shall be completed on or before 1/14/13. Mailed notice (ep, )
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Filing 559
MINUTE entry before Honorable Jeffrey T. Gilbert: Status hearing held on 10/17/12. The Court sets the following briefing schedule: SEC shall respond to Mr. Goulding's Motions to Compel #553 and #555 on or before 11/26/12. Randall Goulding's reply shall be filed on or before 12/14/12. With respect to Randall Goulding's Motion to Compel the Receiver #557 , the trustee shall respond on or before 11/26/12. Randall Goulding's reply shall be filed on or before 12/21/12. With respect to David Goulding's Motion for Sanctions #548 , the Court will implement the same briefing schedule as set forth in Judge Coleman's order of 10/10/12 #552 : SEC shall respond on or before 11/9/12 and David Goulding shall reply on or before 11/30/12. The Court will set a hearing date in a future minute order. Mailed notice (ep, )
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Filing 558
NOTICE of Motion by Randall S. Goulding for presentment of (Goulding, Randall)
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Filing 557
MOTION by Defendant Randall Goulding to compel compliance with requests to the receiver for production of documents (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Goulding, Randall)(Docket Text modified by Clerk's office on 10/17/2012) (vcf, ).
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Filing 556
NOTICE of Motion by Randall S. Goulding for presentment of motion to compel, #555 before Honorable Jeffrey T. Gilbert on 10/17/2012 at 09:30 AM. (Goulding, Randall)
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Filing 555
MOTION by Defendant Randall Goulding to compel (Attachments: #1 A, #2 B, #3 C, #4 D, #5 E, #6 F, #7 G, #8 H, #9 I, #10 J, #11 K, #12 L, #13 M, #14 N, #15 O, #16 P, #17 Q, #18 R, #19 S, #20 T, #21 U)(Goulding, Randall)
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Filing 554
NOTICE of Motion by Randall S. Goulding for presentment of motion to compel,, #553 before Honorable Jeffrey T. Gilbert on 10/17/2012 at 09:30 AM. (Goulding, Randall)
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Filing 553
MOTION by Defendant Randall Goulding to compel Responses to Interrogatories (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, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W)(Goulding, Randall)
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Filing 552
MINUTE entry before Honorable Sharon Johnson Coleman: Motion hearing held on 10/10/2012. On defendant's motion for sanctions #545 , response due by 11/9/2012. Reply due by 11/30/2012. With the briefing schedule in place, defendant shall re-notice said motion before Magistrate Judge Gilbert.Mailed notice (rth, )
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Filing 551
NOTICE of Motion by Randall S. Goulding for presentment of motion for miscellaneous relief,, #545 before Honorable Sharon Johnson Coleman on 10/10/2012 at 08:45 AM. (Goulding, Randall)
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Filing 550
MOTION by Defendant David Samuel Goulding for sanctions amended certificate (Goulding, David)
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Filing 549
MOTION by Defendant David Samuel Goulding for sanctions Notice of Motion (Goulding, David)
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Filing 548
MOTION by Defendant David Samuel Goulding for sanctions (Goulding, David)
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Filing 547
NOTICE by Randall Goulding re notice of filing #546 , MOTION by Defendant Randall GouldingJudgment, Sanctions #545 Amended (Goulding, Randall)
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Filing 546
NOTICE by Randall Goulding re MOTION by Defendant Randall GouldingJudgment, Sanctions #545 (Goulding, Randall)
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Filing 545
Document removed per court order dated 2/27/2013.
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Filing 544
MINUTE entry before Honorable Jeffrey T. Gilbert: Motion hearing held. The Receiver's Motion to Quash #445 is withdrawn. The parties have reached an agreement whereby Jackson Morris will forward his complete file on the Form 144 Opinion letters to Receiver's counsel, who will then review it and produce to Mr. Goulding all documents responsive to Mr. Goulding's subpoena to Mr. Morris. The Receiver and Mr. Goulding will submit to the Court for entry on the docket a protective order that will govern the production of the subpoenaed documents. Mailed notice (ep, )
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Filing 542
LETTER from the Seventh Circuit no record to be returned on appeal in USCA no. 12-2521.(vcf, )
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Filing 541
MEMORANDUM Opinion and Order. Signed by the Honorable Jeffrey T. Gilbert on 9/21/2012. (ep, )
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Filing 540
MINUTE entry before Honorable Jeffrey T. Gilbert: For the reasons stated in the Court's Memorandum Opinion and Order, Defendant Goulding's Motion for Deemed Admissions and for Other Relief #456 and his second Motion for Deemed Admissions #466 are denied. Enter Memorandum Opinion and Order. Mailed notice (ep, )
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Filing 539
MINUTE entry before Honorable Sharon Johnson Coleman: Status hearing held on 9/17/2012. Status hearing set for 11/16/2012 at 09:30 AM. David Goulding appeared telephonically. (rth, )
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Filing 538
MINUTE entry before Honorable Jeffrey T. Gilbert: Hearing on the Receiver's Motion to Quash Subpoena #445 is set for 9/24/12 at 10:00 a.m. Mailed notice (ep, )
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Filing 537
MINUTE entry before Honorable Jeffrey T. Gilbert: Status hearing held on 9/6/12. The parties are ordered to meet and confer, on or before 9/21/12, with respect to their positions on privilege logs and any current discovery disputes. Status hearing set for 10/17/12 at 9:30 a.m. If the parties cannot resolve their disputes, the aggrieved party shall file an appropriate motion with the Court if the dispute is one the party wants the Court to resolve. Mailed notice (ep, )
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Filing 536
ATTORNEY Appearance for Receiver Leslie Weiss by Jonathan M. Cyrluk (Cyrluk, Jonathan)
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Filing 535
MINUTE entry before Honorable Jeffrey T. Gilbert: Status hearing set for 9/6/12 at 10:30 a.m. for the purpose of discussing how discovery is proceeding. Mailed notice (ep, )
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Filing 534
MINUTE entry before Honorable Sharon Johnson Coleman: Respondent's motion for a declaration #531 shall be re-noticed to a date on which the court hears motions(refer to the court's website). The next available motion dates are August 28 and 29, 2012 at 8:45 a.m. Status hearing set for 8/17/2012 is reset to 9/17/2012 at 09:00 AM.Mailed notice (rth, )
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Filing 533
WRITTEN Opinion entered by the Honorable Sharon Johnson Coleman on 8/13/2012:Before the Court is a motion filed by Michael Alonso et al. (the Alonso Petitioners) seeking a declaration that they are entitled to file a derivative claim against the Receiver and her retained counsel as of right, or alternatively, seeking permission to file their claim [doc. 406]. For the reason stated herein, the motion is granted. Mailed notice(rth, )
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Filing 532
NOTICE of Motion by Adam B Goodman for presentment of motion for miscellaneous relief,, #531 before Honorable Sharon Johnson Coleman on 8/17/2012 at 09:30 AM. (Goodman, Adam)
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Filing 531
MOTION by Respondent Michael AlonsoDeclaration That They are Entitled to File an Additional Claim Against the Receiver, Leslie Weiss, Esq., and her Attorneys, Barnes & Thornburg, LLP, As of Right or, Alternatively, Permission to File the Additional Claim (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(Goodman, Adam)
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Filing 530
TRANSCRIPT OF PROCEEDINGS held on 11/3/2011 before the Honorable William J. Hibbler. Court Reporter Contact Information: ALEXANDRA ROTH, (312) 408-5038, alexandra_roth@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 8/27/2012. Redacted Transcript Deadline set for 9/6/2012. Release of Transcript Restriction set for 11/5/2012. (Roth, Alexandra)
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Filing 543
MANDATE of USCA dated 7/30/2012 regarding notice of appeal #515 ; USCA No. 12-2521. The district court has not entered a Rule 58 judgment in the present case, and for good reason. Plaintiff Securities and Exchange Commission's case in the district court is not at an end. As such, appeal is premature. (vcf, )
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Filing 529
MINUTE entry before Honorable Sharon Johnson Coleman: Document #525, Randall Goulding's Motion to Appeal in Forma Pauperis is denied based on the affidavit submitted to the Court. Mailed notice (vcf, )
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Filing 528
USCA RECEIVED on 7/20/12 the long record regarding notice of appeal #515 (dj, )
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Filing 527
TRANSMITTED to the USCA for the 7th Circuit the long record on appeal #515 (USCA no. 12-2521). (dj, )
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Filing 526
RULE TO SHOW CAUSE CIRCUIT RULE 3(c) DOCKETING Statement. (smm)
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Filing 525
AFFIDAVIT Accompanying Motion by Defendant Randall Goulding for permission to appeal in forma pauperis. (smm)
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Filing 524
CERTIFIED copy of order dated 7/10/12 from the Seventh Circuit regarding notice of appeal #515 ; Appellate case no. : 12-2521. The following is before the court: Motion to proceed on appeal in forma paueris, filed on 7/10/12, by the pro se applellant. The pro se appellant has erroneously filed the motion for leave to appeal in forma pauperis in this court. The pro se appellant should have filed the motion in the district court in the first instance. Accordingly, IT IS ORDERED that the clerk of this court transfer the motion to the clerk of the district court for a ruling on the motion, along with a copy this order. The pro se appellant is reminded that if the district court denies the in forma pauperis motion, he/she must refile the motion in this court pursuant to Fed.R.App.P. 24. (smm)
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Filing 523
MINUTE entry before Honorable Jeffrey T. Gilbert: Status hearing held. The parties informed the Court that they wish to conclude discovery prior to exploring the possibility of settlement. The Court enters the following discovery schedule per the agreement of the parties: the parties shall exchange supplemental Rule 26(a)(1) disclosures on or before 7/27/12. All fact discovery shall be completed by 10/19/12. Defendants' expert rebuttal/supplemental reports shall be due on or before 11/16/12. All expert discovery shall be completed on or before 12/14/12. The SEC shall respond to any presently outstanding discovery served by Defendant Randall Goulding on or before 8/24/12. Mailed notice (ep, )
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Filing 522
STATUS Report by Securities And Exchange Commission (Moye, Robert)
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Filing 521
STATUS Report by David Goulding, INC, David Samuel, LLC, Financial Alchemy, LLC, David Samuel Goulding, Randall Goulding (Goulding, Randall)
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Filing 520
ACKNOWLEDGEMENT of receipt of short record on appeal regarding notice of appeal #515 ; USCA Case No. 12-2521. (smm)
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Filing 519
CIRCUIT Rule 3(b) Notice. (smm)
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Filing 518
TRANSMITTED to the 7th Circuit the short record on notice of appeal #515 . Notified counsel (dj, )
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Filing 517
NOTICE of Appeal Due letter sent to counsel of record (dj, )
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Filing 516
MINUTE entry before Honorable Jeffrey T. Gilbert: This case has been referred to Magistrate Judge Gilbert for discovery supervision and settlement. Status hearing set for 7/10/12 at 9:45 a.m. in Courtroom 1386. Parties shall deliver a copy of the initial status report to chambers, Room 1366, two business days before the initial status hearing. The parties are directed to review and to comply with Judge Gilbert's Standing Order for Initial Status Report. Copies are available in chambers or through Judge Gilbert's web page at www.ilnd.uscourts.gov. If prior to the status hearing, the parties wish to obtain dates the Court has available to conduct a settlement conference, they shall contact the Court's judicial assistant, Patricia Hagenmaier, at 312-435-5672. Mailed notice (ep, )
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Filing 515
NOTICE of appeal by Randall Goulding regarding orders #507 (Goulding, Randall)
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Filing 514
EXECUTIVE COMMITTEE ORDER:Case referred to the Honorable Jeffrey T. Gilbert by lot for discovery supervision, settlement conference. Signed by Executive Committee on 6/26/12.(smm)
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Filing 513
REPLY by Defendant Randall Goulding to response in opposition to motion #509 (Goulding, Randall)
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Filing 512
DECLARATION by Defendant Randall Goulding to reply #510 (Goulding, Randall)
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Filing 511
EXHIBIT by Defendant Randall Goulding to reply #510 (Goulding, Randall)
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Filing 510
REPLY by Defendant Randall Goulding (Goulding, Randall)
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Filing 509
RESPONSE by Securities And Exchange Commissionin Opposition to MOTION by Defendant Randall Goulding #466 Second Motion for Deemed Admissions #466 (Attachments: #1 Exhibit A., Discovery Responses)(Moye, Robert)
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Filing 508
RESPONSE by Securities And Exchange Commissionin Opposition to MOTION by Defendant Randall Goulding #466 First Motion for Deemed Admissions [456) (Attachments: #1 Exhibit A., Discovery Response, #2 Exhibit B., Discovery Response)(Moye, Robert)
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Filing 507
MINUTE entry before Honorable Sharon Johnson Coleman: Minute entry #506, dated 6/1/2012 is amended as follows: Status hearing held on 6/1/2012. Defendant Goulding's motion to appoint counsel 425 is denied without prejudice. Receiver's motion for contingency counsel 476 is granted. On defendant Goulding's second motion for deemed admissions 466, response due by 6/8/2012. This is a FINAL extension. Defendant Goulding's motion for reconsideration #410 is denied. Status hearing set for 8/17/2012 at 09:30 AM. Parties shall modify discovery plan with a new reasonable discovery plan and schedule. This case is referred for discovery supervision and settlement discussions at the appropriate time. Referral to follow.Mailed notice (rth, )
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Filing 506
MINUTE entry before Honorable Sharon Johnson Coleman: Status hearing held on 6/1/2012. Defendant Goulding's motion to appoint counsel #425 is denied without prejudice. Receiver's motion for contingency counsel #476 is granted. On defendant Goulding's second motion for deemed admissions #466 , response due by 6/8/2012. This is a FINAL extension. Status hearing set for 8/17/2012 at 09:30 AM. Parties shall modify discovery plan with a new reasonable discovery plan and schedule. This case is referred for discovery supervision and settlement discussions at the appropriate time. Referral to follow.Mailed notice (rth, )
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Filing 505
STATUS Report by Securities And Exchange Commission (Moye, Robert)
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Filing 504
STATUS Report by David Goulding, INC, David Samuel, LLC, Financial Alchemy, LLC, David Samuel Goulding, Randall Goulding, Eric Irrgang, Phlly Financial, LLC (Goulding, Randall)
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Filing 503
STATUS Report Supplement by Michael Alonso, Barnes & Thornburg LLP, Leslie Weiss (Miller, Timothy)
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Filing 502
STATUS Report by Alan D. Lasko and Lasko & Associates, P.C., Barnes & Thornburg LLP, Randall Goulding, Leslie Weiss (Miller, Timothy)
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Filing 501
MINUTE entry before Honorable Sharon Johnson Coleman: This case has been reassigned to the calendar of Judge Sharon Johnson Coleman. The parties are directed to meet and confer on the status of the case. Please file a joint status report not exceeding 5 pages at least 5 days before the status hearing. The Joint Status Report should contain the information found on the court website 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. Status hearing set for 6/1/2012 at 9:00 a.m.Judicial staff mailed notice (gl, )
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Filing 500
MINUTE entry before Honorable Martin C. Ashman: All matters pertaining to this referral have been completed. This case is returned to the assigned district court judge for further proceedings. Judge Honorable Martin C. Ashman no longer referred to the case. Mailed notice (tlp, )
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Filing 499
MINUTE entry before Honorable Michael T. Mason:No response having been filed, the Receiver's Twenty-Third Interim Fee Application #487 is granted in the amount of $12,557.50 and costs and expenses of $25.09. Motion hearing/oral argument date of 5/2/12 is stricken; no appearance is necessary on that date. Mailed notice. (rbf, )
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Filing 498
WRITTEN OPINION by the Honorable Michael T. Mason on 4/30/12: Defendant Goulding's motion to compel #469 is denied as set forth below. Motion hearing/oral argument set for 5/2/12 is stricken; no appearance is necessary on that date. (rbf, )
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Filing 497
NOTICE by Randall Goulding re reply #495 , affidavit in support of motion #496 To compel Receiver (Goulding, Randall)
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Filing 496
DECLARATION by Defendant Randall Goulding regarding full cooperation with the receiver in this matter #469 (Goulding, Randall) (Docket Text modified by Clerk's office)
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Filing 495
REPLY by Defendant Randall Goulding to motion to compel, #469 , notice of motion #471 (Goulding, Randall)
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Filing 494
MINUTE entry before Honorable Martin C. Ashman:Oral argument as to MOTION by Defendant Randall Goulding to compel the Receiver #469 set for 5/1/2012 is stricken and reset to 5/2/2012 at 10:30 AM.Mailed notice (tlp, )
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Filing 493
EXECUTIVE COMMITTEE ORDER: It appearing that cases previously assigned to the Honorable William J. Hibbler require reassignment, therefore It is hereby ordered that the cases on the attached list are to be reassigned to other judges of this Court as indicated. Case reassigned to the Honorable Sharon Johnson Coleman for all further proceedings. Signed by Executive Committee on 04/17/2012. (ef, )
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Filing 492
RESPONSE by Leslie Weissin Opposition to MOTION by Defendant Randall Goulding to compel the Receiver #469 (Attachments: #1 Exhibit A)(Driscoll, Kevin)
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Filing 491
MINUTE entry before Honorable Martin C. Ashman:Briefing as to motion by Receiver Leslie Weiss for attorney fees for Receiver's Twenty-Third Interim Fee Application #487 is set as follows: Response due by 4/20/2012. Reply due by 4/27/2012. Oral argument set for 5/2/2012 at 10:30 AM. The motion will not be heard on 4/17/2012 as noticed.Mailed notice (tlp, )
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Filing 490
NOTICE by Leslie Weiss re reply, #489 (Driscoll, Kevin)
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Filing 489
REPLY by Receiver Leslie Weiss to motion for miscellaneous relief #476 Receiver's Reply in Support of the Motion to Employ and Retain Stetler, Duffy & Rotert, Ltd. and Lynch & Stern, LLP as Contingency Counsel (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Driscoll, Kevin)
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Filing 488
NOTICE of Motion by Kevin Charles Driscoll, Jr for presentment of motion for attorney fees #487 before Honorable Martin C. Ashman on 4/17/2012 at 10:30 AM. (Driscoll, Kevin)
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Filing 487
MOTION by Receiver Leslie Weiss for attorney fees for Receiver's Twenty-Third Interim Fee Application (Attachments: #1 Exhibit A)(Driscoll, Kevin)
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Filing 486
MINUTE entry before Honorable Amy J. St. Eve:Motion hearing held on 4/3/2012. Receiver's motion to employ and retain Stetler, Duffy & Rotert and Lynch & Stern as contingency counsel #476 is entered. Reply should be filed by 4/10/12. Mailed notice (kef, )
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Filing 485
EXECUTIVE COMMITTEE ORDER: Case referred to the Honorable Martin C. Ashman pursuant to Local Rule 72.1. Signed by Executive Committee on 4/2/2012. (vcf, )
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Filing 484
NOTICE by Randall Goulding re response to motion, #483 (Goulding, Randall)
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Filing 483
RESPONSE by Randall Goulding to MOTION by Receiver Leslie Weiss Receiver's Motion to Employ and Retain Stetler, Duffy & Rotert, Ltd. and Lynch & Stern, LLP as Contingency Counsel #476 (Attachments: #1 Exhibit Exhibit, #2 Exhibit Exhibit, #3 Exhibit Exhibit, #4 Exhibit Exhibit, #5 Exhibit Exhibit, #6 Exhibit Exhibit, #7 Exhibit Exhibit, #8 Exhibit Exhibit, #9 Exhibit Exhibit, #10 Exhibit Exhibit)(Goulding, Randall)
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Filing 482
NOTICE of Motion by Randall S. Goulding for presentment of (Goulding, Randall)
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Filing 481
MINUTE entry before Honorable Martin C. Ashman:Briefing as to motion by Defendant Randall Goulding to compel the Receiver #469 is set as follows: Response due by 4/17/2012. Reply due by 4/24/2012. Oral argument set for 5/1/2012 at 10:30 AM. Mailed notice (tlp, )
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Filing 480
MINUTE entry before Honorable Amy J. St. Eve: Defendant Randall Gouldings motion to compel #469 is referred to Magistrate Judge Ashman. The motion will not be heard as noticed on April 3, 2012.Mailed notice (air, )
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Filing 479
MINUTE entry before Honorable Amy J. St. Eve: Hearing on Defendant Randall Gouldings Motion to Compel Compliance with Requests to the Receiver for Production of Documents #469 is continued to 4/3/2012 at 8:30 AM. Mailed notice (jdh)
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Filing 478
NOTICE of Motion by Kevin Charles Driscoll, Jr for presentment of motion for miscellaneous relief #476 before Honorable Amy J. St. Eve on 4/3/2012 at 08:30 AM. (Driscoll, Kevin)
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Filing 477
NOTICE of Motion by Kevin Charles Driscoll, Jr for presentment of motion for miscellaneous relief #476 before Honorable William J. Hibbler on 4/3/2012 at 10:30 AM. (Driscoll, Kevin)
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Filing 476
MOTION by Receiver Leslie Weiss Receiver's Motion to Employ and Retain Stetler, Duffy & Rotert, Ltd. and Lynch & Stern, LLP as Contingency Counsel (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Driscoll, Kevin)
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Filing 475
MINUTE entry before Honorable William J. Hibbler: Plaintiff's Motion for extension of time until 3/20/2012 #472 to respond to defendant Randall Goulding's motions is granted. Mailed notice (jdh)
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Filing 474
WRITTEN Opinion entered by the Honorable William J. Hibbler on 3/8/2012: The Court GRANTS the Receiver's Motion for Interim Fee Applications (docs. #338, 402). The Court GRANTS the Receiver's Motion to Pay the Invoices of Novack and Macey (doc.# 404). The Court approves $19,489.50 in compensation for the Receiver and her counsel's services from May I, 2011 through June 30, 2011 and $614.21 as reimbursement for costs in the same period (doc. #338). The Court approves $8,867 in compensation for the Receiver and her counsel's services from July I, 2011 through August 31, 2011 and $205.76 as reimbursement for costs in the same period (doc. #402). The Court approves payment of $98,452.82 to Novack and Macey LLP (doc. #404). Signed by the Honorable William J. Hibbler on 3/8/2012. Mailed notice(vcf, )
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Filing 473
NOTICE of Motion by Robert MacDonald Moye for presentment of extension of time #472 before Honorable William J. Hibbler on 3/20/2012 at 09:30 AM. (Moye, Robert)
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Filing 472
MOTION by Plaintiff Securities And Exchange Commission for extension of time to respond to motions to deem facts admitted (Moye, Robert)
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Filing 471
NOTICE of Motion by Randall S. Goulding for presentment of motion to compel, #469 before Honorable William J. Hibbler on 3/27/2012 at 10:30 AM. (Goulding, Randall)
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Filing 470
NOTICE by Randall Goulding re MOTION by Defendant Randall Goulding to compel the Receiver #469 (Goulding, Randall)
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Filing 469
MOTION by Defendant Randall Goulding to compel the Receiver (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)(Goulding, Randall)
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Filing 468
MINUTE entry before Honorable Amy J. St. Eve: Defendant Randall Gouldings second motion for deemed admissions and for other relief #466 is taken under advisement. Plaintiff shall respond by March 6, 2012. Defendants reply is due by March 20, 2012. The motion will not be heard as noticed on February 8, 2012. Status hearing on February 14, 2012 is stricken. Status hearing set on April 24, 2012 at 9:30 a.m. before Judge Hibbler.Mailed notice (air, )
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Filing 467
NOTICE of Motion by Randall S. Goulding for presentment of (Goulding, Randall)
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Filing 466
MOTION by Defendant Randall Goulding (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Goulding, Randall)
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Filing 465
AFFIDAVIT by Respondents Michael Alonso, Lawrence Altholtz, Altholtz Family Limited Partnership, Billy E. Grace and Glena C. Grace, as representatives of The Grace Family Trust, Brad Cohen and Robyn Cohen as representatives of UTD 9-11-01, Richard J Carr, Donald Chermel, Stephen R Chipman, Clifford R Cross, Melodie K. Cross, Lawrence DePaolo, DelMonte Holdings, LLC, Kenneth Diamond, Dillard Coleman and Glenda Coleman, as representatives of the Coleman Living Trust 11/7/01, Peter Dolan, Patricia Eitzen, Myra Fishman, Zachary Fishman, Daniel Ford, Donna Ford, Douglas Ford, Dwain Ford, Robert M Gale, Stanley Gottlieb, Paul Gougelman, Ralph Gracia, Jerry L Hall, Darren A Hearns, Paula Heggerick, Scott Hill, Patricia S Horvath, Jaffe Revocable Living Trust, Jeffrey Friedman, as representative of the Jeffrey R Friedman Revocable Trust, Karyn Blaise Irrevocable Trust, Marshall Katzman, Kenneth Diamond as a representative of Pensco Trust Co. Custodian Ken Diamond DI1CP, Harvey Levin, Glen Lundahl, Roberta Lundahl, Raymond Lutze, Kevin M. Lyons, Margaret Milstead, as a representative of MArgaret M. Milstead LT 3-7-00, Mark Sperber as a representative of Resources Trust, Melanie Altholtz ILIT, Stuart P. Miller, Donald S. Monopoli, Laura E. Monopoli, Nancy Rogers, as executrix for the estate of James P. Rogers and representative of Equity Trust Co. Custodian FBO JAmes P. Rogers, IRA, James O'Malley, Juan Pardo de Zela, Louis R. Pertz, Francie Pinkwater, Krisztina Pipo, Erik Poch, Katie Poch, Oskar R. Poch, Rick Freedman, as a representative of the Rick Martin Freedman Trust, Frank Ripa, Jackie Ripa, Ripa & Associates, LLC, Rivers Enterprises, FLLP, Ronald J. Fishman, as a representative of Pensco Trust Co. Custodian FBO Ronald J. Fishman IRA, Allen Rubens, Howard Salamon, Jason Elliot Salamon, Pamela Salamon, Samuel Salamon, Sheri Salamon, William Daniel Salamon, Ana Schuster, Georgene Schuster, Robert Schuster, Sean Underwood, as a representative of the Underwood Living Trust, Garland Sheats, Jeffrie Silverberg, Dennis L. Smith, Kenneth Snider, Mark Sperber, Patricia Sperber, Larry A. Spindler, Ronald W. Stevens, John R. Troup, Sue S. Troup, Adam White, Brittany White, Randi White, Ashley Young, Brandt Young, Laurie Young, Michael Young, Movant Alan D Lasko in Support of MOTION by Respondents Michael Alonso, Lawrence Altholtz, Billy E. Grace and Glena C. Grace, as representatives of The Grace Family Trust, Brad Cohen and Robyn Cohen as representatives of UTD 9-11-01, Richard J Carr, Donald Chermel, Stephen R Chipman, Cl #406 Corrected Reply Declaratoin of Eric W. Berry (Attachments: #1 Exhibit Ex. A - Hedge Fund Material, #2 Exhibit Ex. B - letter from Eric Berry to Leslie Weiss dated October 4, 2011, #3 Exhibit Ex. C - Redated Declaration, #4 Exhibit Ex. D - Transcript of Hearing on December 9, 2009, #5 Exhibit Ex. E - email from Kevin Drisoll to Randall Goulding, dated December 3, 2009, #6 Exhibit Ex. F - SEC Effectiveness Order Concerning Premier Bio-Medical, dated December 13, 2011, #7 Exhibit Ex. G - email from Brian LeBrecht to William Hartman, dated June 2, 2009, #8 Exhibit Ex. H - email from Randall Goulding to Leslie Weiss dated August 26, 2009, #9 Exhibit Ex. I email exchange between Randall Goulding and Leslie Weiss on August 31, 2009, #10 Exhibit Corrected Ex. 6 - Data for GoIPP, #11 Exhibit Corrected Ex. 7 - Data for SNFL, #12 Exhibit Corrected Ex. 8 - Data for MIKP, #13 Exhibit Corrected Ex. 33 - Data for Nanobac)(Berry, Eric)
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Filing 464
REPLY by Michael Alonso, Lawrence Altholtz, Altholtz Family Limited Partnership, Billy E. Grace and Glena C. Grace, as representatives of The Grace Family Trust, Brad Cohen and Robyn Cohen as representatives of UTD 9-11-01, Richard J Carr, Donald Chermel, Stephen R Chipman, Clifford R Cross, Melodie K. Cross, Lawrence DePaolo, DelMonte Holdings, LLC, Kenneth Diamond, Dillard Coleman and Glenda Coleman, as representatives of the Coleman Living Trust 11/7/01, Peter Dolan, Patricia Eitzen, Financial Alchemy, LLC, Myra Fishman, Zachary Fishman, Daniel Ford, Donna Ford, Douglas Ford, Dwain Ford, Robert M Gale, Stanley Gottlieb, Paul Gougelman, Ralph Gracia, Jerry L Hall, Darren A Hearns, Paula Heggerick, Scott Hill, Jaffe Revocable Living Trust, Jeffrey Friedman, as representative of the Jeffrey R Friedman Revocable Trust, Karyn Blaise Irrevocable Trust, Marshall Katzman, Kenneth Diamond as a representative of Pensco Trust Co. Custodian Ken Diamond DI1CP, Alan D Lasko, Harvey Levin, Glen Lundahl, Roberta Lundahl, Raymond Lutze, Kevin M. Lyons, Margaret Milstead, as a representative of MArgaret M. Milstead LT 3-7-00, Mark Sperber as a representative of Resources Trust, Melanie Altholtz ILIT, Stuart P. Miller, Donald S. Monopoli, Laura E. Monopoli, Nancy Rogers, as executrix for the estate of James P. Rogers and representative of Equity Trust Co. Custodian FBO JAmes P. Rogers, IRA, James O'Malley, Juan Pardo de Zela, Louis R. Pertz, Francie Pinkwater, Krisztina Pipo, Erik Poch, Katie Poch, Oskar R. Poch, Rick Freedman, as a representative of the Rick Martin Freedman Trust, Frank Ripa, Jackie Ripa, Ripa & Associates, LLC, Rivers Enterprises, FLLP, Ronald J. Fishman, as a representative of Pensco Trust Co. Custodian FBO Ronald J. Fishman IRA, Allen Rubens, Howard Salamon, Jason Elliot Salamon, Pamela Salamon, Samuel Salamon, Sheri Salamon, William Daniel Salamon, Ana Schuster, Georgene Schuster, Robert Schuster, Sean Underwood, as a representative of the Underwood Living Trust, Garland Sheats, Jeffrie Silverberg, Dennis L. Smith, Kenneth Snider, Mark Sperber, Patricia Sperber, Larry A. Spindler, Ronald W. Stevens, John R. Troup, Sue S. Troup, Samuel Wayne, Adam White, Brittany White, Randi White, Ashley Young, Brandt Young, Laurie Young, Michael Young to response in opposition to motion, #449 Corrected Reply (Berry, Eric)
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Filing 463
AFFIDAVIT by Respondents Michael Alonso, Lawrence Altholtz, Altholtz Family Limited Partnership, Billy E. Grace and Glena C. Grace, as representatives of The Grace Family Trust, Brad Cohen and Robyn Cohen as representatives of UTD 9-11-01, Richard J Carr, Donald Chermel, Stephen R Chipman, Clifford R Cross, Melodie K. Cross, Lawrence DePaolo, DelMonte Holdings, LLC, Kenneth Diamond, Dillard Coleman and Glenda Coleman, as representatives of the Coleman Living Trust 11/7/01, Peter Dolan, Patricia Eitzen, Myra Fishman, Zachary Fishman, Daniel Ford, Donna Ford, Douglas Ford, Dwain Ford, Robert M Gale, Stanley Gottlieb, Paul Gougelman, Ralph Gracia, Jerry L Hall, Darren A Hearns, Paula Heggerick, Scott Hill, Patricia S Horvath, Jaffe Revocable Living Trust, Jeffrey Friedman, as representative of the Jeffrey R Friedman Revocable Trust, Karyn Blaise Irrevocable Trust, Marshall Katzman, Kenneth Diamond as a representative of Pensco Trust Co. Custodian Ken Diamond DI1CP, Harvey Levin, Glen Lundahl, Roberta Lundahl, Raymond Lutze, Kevin M. Lyons, Margaret Milstead, as a representative of MArgaret M. Milstead LT 3-7-00, Mark Sperber as a representative of Resources Trust, Melanie Altholtz ILIT, Stuart P. Miller, Donald S. Monopoli, Laura E. Monopoli, Nancy Rogers, as executrix for the estate of James P. Rogers and representative of Equity Trust Co. Custodian FBO JAmes P. Rogers, IRA, James O'Malley, Juan Pardo de Zela, Louis R. Pertz, Francie Pinkwater, Krisztina Pipo, Erik Poch, Katie Poch, Oskar R. Poch, Rick Freedman, as a representative of the Rick Martin Freedman Trust, Frank Ripa, Jackie Ripa, Ripa & Associates, LLC, Rivers Enterprises, FLLP, Ronald J. Fishman, as a representative of Pensco Trust Co. Custodian FBO Ronald J. Fishman IRA, Allen Rubens, Howard Salamon, Jason Elliot Salamon, Pamela Salamon, Samuel Salamon, Sheri Salamon, William Daniel Salamon, Ana Schuster, Georgene Schuster, Robert Schuster, Sean Underwood, as a representative of the Underwood Living Trust, Garland Sheats, Jeffrie Silverberg, Dennis L. Smith, Kenneth Snider, Mark Sperber, Patricia Sperber, Larry A. Spindler, Ronald W. Stevens, John R. Troup, Sue S. Troup, Adam White, Brittany White, Randi White, Ashley Young, Brandt Young, Laurie Young, Michael Young, Defendants David Goulding, INC, David Samuel, LLC, Eric Irrgang, Movants Brandon Goulding, Alan D Lasko in Support of MOTION by Respondents Michael Alonso, Lawrence Altholtz, Billy E. Grace and Glena C. Grace, as representatives of The Grace Family Trust, Brad Cohen and Robyn Cohen as representatives of UTD 9-11-01, Richard J Carr, Donald Chermel, Stephen R Chipman, Cl #406 Reply Declaration of Eric W. Berry in Further Support of Petitioners' Motion (Attachments: #1 Exhibit Ex. A - Hedge Fund Publications, #2 Exhibit Ex. B - October 4, 2011 letter from Eric Berry to Leslie Weiss, #3 Exhibit Ex.C - Redated Declaration of Eric Berry, #4 Exhibit Ex. D - Transcript of December 9, 2009 hearing, #5 Exhibit Ex. E - December 3, 2009 email from Kevin Driscoll to Randall Goulding, #6 Exhibit Ex. F - SEC Effectiveness Order for Premier Bio-Medical, #7 Exhibit Ex. G - June 2, 2009 email from Brian LeBrecht to William Hartman, #8 Exhibit Ex. H - August 26, 2009 email from Randall Goulding to Leslie Weiss, #9 Exhibit Ex. I - August 31, 2009 emails between Leslie Weiss and Randall Goulding)(Berry, Eric)
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Filing 462
REPLY by Michael Alonso, Lawrence Altholtz, Altholtz Family Limited Partnership, Brad Cohen and Robyn Cohen as representatives of UTD 9-11-01, Richard J Carr, Donald Chermel, Stephen R Chipman, Clifford R Cross, Melodie K. Cross, Lawrence DePaolo, DelMonte Holdings, LLC, Kenneth Diamond, Dillard Coleman and Glenda Coleman, as representatives of the Coleman Living Trust 11/7/01, Peter Dolan, Patricia Eitzen, Myra Fishman, Zachary Fishman, Daniel Ford, Donna Ford, Douglas Ford, Dwain Ford, Robert M Gale, Stanley Gottlieb, Paul Gougelman, Ralph Gracia, Jerry L Hall, Darren A Hearns, Paula Heggerick, Scott Hill, Patricia S Horvath, Eric Irrgang, Jaffe Revocable Living Trust, Jeffrey Friedman, as representative of the Jeffrey R Friedman Revocable Trust, Karyn Blaise Irrevocable Trust, Marshall Katzman, Kenneth Diamond as a representative of Pensco Trust Co. Custodian Ken Diamond DI1CP, Harvey Levin, Glen Lundahl, Roberta Lundahl, Raymond Lutze, Kevin M. Lyons, Margaret Milstead, as a representative of MArgaret M. Milstead LT 3-7-00, Mark Sperber as a representative of Resources Trust, Melanie Altholtz ILIT, Stuart P. Miller, Donald S. Monopoli, Laura E. Monopoli, Nancy Rogers, as executrix for the estate of James P. Rogers and representative of Equity Trust Co. Custodian FBO JAmes P. Rogers, IRA, James O'Malley, Juan Pardo de Zela, Louis R. Pertz, Francie Pinkwater, Krisztina Pipo, Erik Poch, Katie Poch, Oskar R. Poch, Rick Freedman, as a representative of the Rick Martin Freedman Trust, Frank Ripa, Jackie Ripa, Ripa & Associates, LLC, Rivers Enterprises, FLLP, Ronald J. Fishman, as a representative of Pensco Trust Co. Custodian FBO Ronald J. Fishman IRA, Allen Rubens, Howard Salamon, Jason Elliot Salamon, Pamela Salamon, Samuel Salamon, Sheri Salamon, William Daniel Salamon, Ana Schuster, Georgene Schuster, Robert Schuster, Sean Underwood, as a representative of the Underwood Living Trust, Garland Sheats, Dennis L. Smith, Kenneth Snider, Mark Sperber, Patricia Sperber, Larry A. Spindler, Ronald W. Stevens, John R. Troup, Sue S. Troup, Adam White, Brittany White, Randi White, Ashley Young, Brandt Young, Laurie Young, Michael Young to Response #447 (Berry, Eric)
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Filing 461
REPLY by Michael Alonso, Lawrence Altholtz, Altholtz Family Limited Partnership, Billy E. Grace and Glena C. Grace, as representatives of The Grace Family Trust, Brad Cohen and Robyn Cohen as representatives of UTD 9-11-01, Richard J Carr, Donald Chermel, Stephen R Chipman, Clifford R Cross, Melodie K. Cross, Lawrence DePaolo, DelMonte Holdings, LLC, Kenneth Diamond, Dillard Coleman and Glenda Coleman, as representatives of the Coleman Living Trust 11/7/01, Peter Dolan, Patricia Eitzen, Myra Fishman, Zachary Fishman, Daniel Ford, Donna Ford, Douglas Ford, Dwain Ford, Robert M Gale, Stanley Gottlieb, Paul Gougelman, Ralph Gracia, Jerry L Hall, Darren A Hearns, Paula Heggerick, Scott Hill, Patricia S Horvath, Jaffe Revocable Living Trust, Jeffrey Friedman, as representative of the Jeffrey R Friedman Revocable Trust, Karyn Blaise Irrevocable Trust, Marshall Katzman, Kenneth Diamond as a representative of Pensco Trust Co. Custodian Ken Diamond DI1CP, Harvey Levin, Glen Lundahl, Roberta Lundahl, Raymond Lutze, Kevin M. Lyons, Margaret Milstead, as a representative of MArgaret M. Milstead LT 3-7-00, Mark Sperber as a representative of Resources Trust, Melanie Altholtz ILIT, Stuart P. Miller, Donald S. Monopoli, Laura E. Monopoli, Nancy Rogers, as executrix for the estate of James P. Rogers and representative of Equity Trust Co. Custodian FBO JAmes P. Rogers, IRA, James O'Malley, Juan Pardo de Zela, Louis R. Pertz, Francie Pinkwater, Krisztina Pipo, Erik Poch, Katie Poch, Oskar R. Poch, Rick Freedman, as a representative of the Rick Martin Freedman Trust, Frank Ripa, Jackie Ripa, Ripa & Associates, LLC, Rivers Enterprises, FLLP, Ronald J. Fishman, as a representative of Pensco Trust Co. Custodian FBO Ronald J. Fishman IRA, Allen Rubens, Howard Salamon, Jason Elliot Salamon, Pamela Salamon, Samuel Salamon, Sheri Salamon, William Daniel Salamon, Ana Schuster, Georgene Schuster, Robert Schuster, Sean Underwood, as a representative of the Underwood Living Trust, Garland Sheats, Jeffrie Silverberg, Dennis L. Smith, Kenneth Snider, Mark Sperber, Patricia Sperber, Larry A. Spindler, Ronald W. Stevens, John R. Troup, Sue S. Troup, Adam White, Brittany White, Randi White, Ashley Young, Brandt Young, Laurie Young, Michael Young to response in opposition to motion, #449 filed by the US Securities and Exchange Commission (Goodman, Adam)
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Filing 460
NOTICE by Randall Goulding re notice of filing #457 (Goulding, Randall)
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Filing 459
MINUTE entry before Honorable William J. Hibbler: Defendant Randall Goulding's Motion for deemed admissions and for other relief #456 is stricken for failing to comply with the Court's motion schedule. Defendant Randall Goulding is directed to re-notice the motion consistent with the Court's schedule. Mailed notice (jdh)
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Filing 458
MINUTE entry before Honorable William J. Hibbler: Alonso et al.'s Motion for extension of time until 1/26/2012 to file reply brief in support of their motion for declaratory judgment #454 is granted. Ruling on the motion for declaratory judgment,,,,,,,,, #406 by mail. Mailed notice (jdh)
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Filing 457
NOTICE by Randall Goulding re MOTION by Defendant Randall Goulding #456 (Goulding, Randall)
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Filing 456
MOTION by Defendant Randall Goulding (Attachments: #1 Affidavit, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K)(Goulding, Randall)
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Filing 455
NOTICE of Motion by Adam B Goodman for presentment of motion for extension of time to file response/reply, motion for relief,,,,,,,,,,,,,,,,,, #454 before Honorable William J. Hibbler on 1/24/2012 at 09:30 AM. (Goodman, Adam)
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Filing 454
MOTION by Respondents Michael Alonso, Lawrence Altholtz, Altholtz Family Limited Partnership, Billy E. Grace and Glena C. Grace, as representatives of The Grace Family Trust, Brad Cohen and Robyn Cohen as representatives of UTD 9-11-01, Richard J Carr, Donald Chermel, Stephen R Chipman, Clifford R Cross, Melodie K. Cross, Lawrence DePaolo, DelMonte Holdings, LLC, Kenneth Diamond, Dillard Coleman and Glenda Coleman, as representatives of the Coleman Living Trust 11/7/01, Peter Dolan, Patricia Eitzen, Myra Fishman, Zachary Fishman, Daniel Ford, Donna Ford, Douglas Ford, Dwain Ford, Robert M Gale, Stanley Gottlieb, Paul Gougelman, Ralph Gracia, Jerry L Hall, Darren A Hearns, Paula Heggerick, Scott Hill, Patricia S Horvath, Jaffe Revocable Living Trust, Jeffrey Friedman, as representative of the Jeffrey R Friedman Revocable Trust, Karyn Blaise Irrevocable Trust, Marshall Katzman, Kenneth Diamond as a representative of Pensco Trust Co. Custodian Ken Diamond DI1CP, Harvey Levin, Glen Lundahl, Roberta Lundahl, Raymond Lutze, Kevin M. Lyons, Margaret Milstead, as a representative of MArgaret M. Milstead LT 3-7-00, Mark Sperber as a representative of Resources Trust, Melanie Altholtz ILIT, Stuart P. Miller, Donald S. Monopoli, Laura E. Monopoli, Nancy Rogers, as executrix for the estate of James P. Rogers and representative of Equity Trust Co. Custodian FBO JAmes P. Rogers, IRA, James O'Malley, Juan Pardo de Zela, Louis R. Pertz, Francie Pinkwater, Krisztina Pipo, Erik Poch, Katie Poch, Oskar R. Poch, Rick Freedman, as a representative of the Rick Martin Freedman Trust, Frank Ripa, Jackie Ripa, Ripa & Associates, LLC, Rivers Enterprises, FLLP, Ronald J. Fishman, as a representative of Pensco Trust Co. Custodian FBO Ronald J. Fishman IRA, Allen Rubens, Howard Salamon, Jason Elliot Salamon, Pamela Salamon, Samuel Salamon, Sheri Salamon, William Daniel Salamon, Ana Schuster, Georgene Schuster, Robert Schuster, Sean Underwood, as a representative of the Underwood Living Trust, Garland Sheats, Jeffrie Silverberg, Dennis L. Smith, Kenneth Snider, Mark Sperber, Patricia Sperber, Larry A. Spindler, Ronald W. Stevens, John R. Troup, Sue S. Troup, Adam White, Brittany White, Randi White, Ashley Young, Brandt Young, Laurie Young, Michael Young for extension of time to file response/reply as to motion for declaratory judgment,,,,,,,,, #406 (Goodman, Adam)
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Filing 453
MINUTE entry before Honorable William J. Hibbler: Receiver's Motion to quash #445 is taken under advisement. The Court will rule by mail or advise the parties if a hearing is required. Mailed notice (jdh)
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Filing 452
ATTORNEY Appearance for Respondents Michael Alonso, Lawrence Altholtz, Altholtz Family Limited Partnership, Billy E. Grace and Glena C. Grace, as representatives of The Grace Family Trust, Brad Cohen and Robyn Cohen as representatives of UTD 9-11-01, Richard J Carr, Donald Chermel, Stephen R Chipman, Clifford R Cross, Melodie K. Cross, Lawrence DePaolo, DelMonte Holdings, LLC, Kenneth Diamond, Dillard Coleman and Glenda Coleman, as representatives of the Coleman Living Trust 11/7/01, Peter Dolan, Patricia Eitzen, Myra Fishman, Zachary Fishman, Daniel Ford, Donna Ford, Douglas Ford, Dwain Ford, Robert M Gale, Stanley Gottlieb, Paul Gougelman, Ralph Gracia, Jerry L Hall, Darren A Hearns, Paula Heggerick, Scott Hill, Patricia S Horvath, Jaffe Revocable Living Trust, Jeffrey Friedman, as representative of the Jeffrey R Friedman Revocable Trust, Karyn Blaise Irrevocable Trust, Marshall Katzman, Kenneth Diamond as a representative of Pensco Trust Co. Custodian Ken Diamond DI1CP, Harvey Levin, Glen Lundahl, Roberta Lundahl, Raymond Lutze, Kevin M. Lyons, Margaret Milstead, as a representative of MArgaret M. Milstead LT 3-7-00, Mark Sperber as a representative of Resources Trust, Melanie Altholtz ILIT, Stuart P. Miller, Donald S. Monopoli, Laura E. Monopoli, Nancy Rogers, as executrix for the estate of James P. Rogers and representative of Equity Trust Co. Custodian FBO JAmes P. Rogers, IRA, James O'Malley, Juan Pardo de Zela, Louis R. Pertz, Francie Pinkwater, Krisztina Pipo, Erik Poch, Katie Poch, Oskar R. Poch, Rick Freedman, as a representative of the Rick Martin Freedman Trust, Frank Ripa, Jackie Ripa, Ripa & Associates, LLC, Rivers Enterprises, FLLP, Ronald J. Fishman, as a representative of Pensco Trust Co. Custodian FBO Ronald J. Fishman IRA, Allen Rubens, Howard Salamon, Jason Elliot Salamon, Pamela Salamon, Samuel Salamon, Sheri Salamon, William Daniel Salamon, Ana Schuster, Georgene Schuster, Robert Schuster, Sean Underwood, as a representative of the Underwood Living Trust, Garland Sheats, Jeffrie Silverberg, Dennis L. Smith, Kenneth Snider, Mark Sperber, Patricia Sperber, Larry A. Spindler, Ronald W. Stevens, John R. Troup, Sue S. Troup, Adam White, Brittany White, Randi White, Ashley Young, Brandt Young, Laurie Young, Michael Young by Eric W. Berry (Berry, Eric)
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Filing 450
RESPONSE by Defendant Randall Goulding to motion to quash #445 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit)(Goulding, Randall)
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Filing 449
RESPONSE by Securities And Exchange Commissionin Opposition to MOTION by Respondents Michael Alonso, Lawrence Altholtz, Billy E. Grace and Glena C. Grace, as representatives of The Grace Family Trust, Brad Cohen and Robyn Cohen as representatives of UTD 9-11-01, Richard J Carr, Donald Chermel, Stephen R Chipman, Cl #406 for Declaratory Relief or Leave to Sue Receiver (Attachments: #1 Exhibit A, Subpoena, #2 Exhibit B, Objections)(Moye, Robert)
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Filing 448
DECLARATION of Leslie J. Weiss regarding Response #447 (Attachments: #1 Exhibit A-G)(Parker, Rebekah)
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Filing 447
RESPONSE by Intervenor Barnes & Thornburg LLP, Receiver Leslie Weiss to memorandum in support of motion,,,,,,,,,,,, #408 (Parker, Rebekah)
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Filing 446
NOTICE of Motion by Kevin Charles Driscoll, Jr for presentment of motion to quash #445 before Honorable William J. Hibbler on 1/10/2012 at 09:30 AM. (Driscoll, Kevin)
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Filing 445
MOTION by Receiver Leslie Weiss to quash Subpoena (Driscoll, Kevin)
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Filing 444
REPLY by Randall Goulding to Response #431 , response in opposition to motion, #429 , response in opposition to motion #427 (Franklin, Jamie)
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Filing 443
NOTICE by Leslie Weiss re reply #442 (Driscoll, Kevin)
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Filing 442
REPLY by Receiver Leslie Weiss to motion for attorney fees, #404 Receiver's Reply to Relief Defendants' Objections to Her Motion to Pay Novack and Macey Invoices (Attachments: #1 Exhibit A)(Driscoll, Kevin)
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Filing 451
MINUTE entry before Honorable William J. Hibbler: Status hearing held on 12/21/2011 and continued to 2/14/2012 at 9:30 AM. Motion hearing held on 12/21/2011 regarding motion to strike #423 , motion for extension of time to complete discovery #395 , motion for miscellaneous relief, #435 . Plaintiff's Motion to strike defendant David Goulding's jury demand #423 is granted to the extent it conforms to the Court's October 19, 201 order. Defendant Randall Goudling's Motion pursuant to Rue 39(b) for a trial by jury pursuant to Court order #435 is denied for the reasons stated in open court. Randall Goulding's Motion to modify and extend discovery plan and scheduling order #395 is continued to 2/14/2012 at 9:30 AM. The deadline for the close of fact discovery is extended to permit plaintiff to take the deposition of defendants Randall Goulding and David Goulding. Randall Goudling is to send a letter or an e-mail to plaintiff concerning its responses to his discovery requests. Mailed notice (jdh)
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Filing 441
MINUTE entry before Honorable William J. Hibbler: Motion hearing held on 12/20/2011 regarding extension of time #428 . Weiss and Barnes' Motion for extension of time until 12/30/2011 to respond to Alonso's motion and (b) leave to file an oversized response #428 is granted. Alonso to reply by 1/20/2012. Ruling by mail. Both sides given leave to file 32 pages briefs. Mailed notice (jdh)
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Filing 439
Exhibit 1 to SEC's Motion to Strike David Goulding's Affirmative Defenses by Securities And Exchange Commission (Moye, Robert)
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Filing 438
NOTICE of Motion by Robert MacDonald Moye for presentment of motion to strike #437 before Honorable William J. Hibbler on 12/21/2011 at 09:45 AM. (Moye, Robert)
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Filing 437
MOTION by Plaintiff Securities And Exchange Commission to strike David Goulding's Affirmative Defenses (Moye, Robert)
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Filing 436
jury trial on all issues NOTICE of Motion by Randall S. Goulding for presentment of (Goulding, Randall)
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Filing 435
MOTION by Defendants David Goulding, Randall Gouldingjury trial on all issues (Attachments: #1 Supplement memorandum in support, #2 Exhibit exhibit A, #3 Exhibit exhibit B, #4 Exhibit exhibit C, #5 Exhibit exhibit D, #6 Exhibit exhibit E)(Goulding, Randall)
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Filing 434
NOTICE by David Goulding re MOTION by Defendant Randall GouldingModification of ORDER (Docket 296)MOTION by Defendant Randall GouldingModification of ORDER (Docket 296) #433 at 9:45 a.m., December 21, 2011 (Goulding, Randall)
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Filing 433
MOTION by Defendant Randall GouldingModification of ORDER (Docket 296) (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit)(Goulding, Randall)
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Filing 432
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Michael Alonso, Lawrence Altholtz, Altholtz Family Limited Partnership, Billy E. Grace and Glena C. Grace, as representatives of The Grace Family Trust, Brad Cohen and Robyn Cohen as representatives of UTD 9-11-01, Richard J Carr, Donald Chermel, Stephen R Chipman, Clifford R Cross, Melodie K. Cross, Lawrence DePaolo, DelMonte Holdings, LLC, Kenneth Diamond, Dillard Coleman and Glenda Coleman, as representatives of the Coleman Living Trust 11/7/01, Peter Dolan, Patricia Eitzen, Myra Fishman, Zachary Fishman, Daniel Ford, Donna Ford, Douglas Ford, Dwain Ford, Robert M Gale, Stanley Gottlieb, Paul Gougelman, Ralph Gracia, Jerry L Hall, Darren A Hearns, Paula Heggerick, Scott Hill, Patricia S Horvath, Jaffe Revocable Living Trust, Jeffrey Friedman, as representative of the Jeffrey R Friedman Revocable Trust, Karyn Blaise Irrevocable Trust, Marshall Katzman, Kenneth Diamond as a representative of Pensco Trust Co. Custodian Ken Diamond DI1CP, Harvey Levin, Glen Lundahl, Roberta Lundahl, Raymond Lutze, Kevin M. Lyons, Margaret Milstead, as a representative of MArgaret M. Milstead LT 3-7-00, Mark Sperber as a representative of Resources Trust, Melanie Altholtz ILIT, Stuart P. Miller, Donald S. Monopoli, Laura E. Monopoli, Nancy Rogers, as executrix for the estate of James P. Rogers and representative of Equity Trust Co. Custodian FBO JAmes P. Rogers, IRA, James O'Malley, Juan Pardo de Zela, Louis R. Pertz, Francie Pinkwater, Krisztina Pipo, Erik Poch, Katie Poch, Oskar R. Poch, Rick Freedman, as a representative of the Rick Martin Freedman Trust, Frank Ripa, Jackie Ripa, Ripa & Associates, LLC, Rivers Enterprises, FLLP, Ronald J. Fishman, as a representative of Pensco Trust Co. Custodian FBO Ronald J. Fishman IRA, Allen Rubens, Howard Salamon, Jason Elliot Salamon, Pamela Salamon, Samuel Salamon, Sheri Salamon, William Daniel Salamon, Ana Schuster, Georgene Schuster, Robert Schuster, Sean Underwood, as a representative of the Underwood Living Trust, Garland Sheats, Jeffrie Silverberg, Dennis L. Smith, Kenneth Snider, Mark Sperber, Patricia Sperber, Larry A. Spindler, Ronald W. Stevens, John R. Troup, Sue S. Troup, Adam White, Brittany White, Randi White, Ashley Young, Brandt Young, Laurie Young, Michael Young (Goodman, Adam)
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Filing 431
RESPONSE by Plaintiff Securities And Exchange Commission to Randall Goulding's Motion for Reconsideration (Moye, Robert)
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Filing 430
NOTICE of Motion by Rebekah Hava Parker for presentment of extension of time #428 before Honorable William J. Hibbler on 12/20/2011 at 09:30 AM. (Parker, Rebekah)
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Filing 429
RESPONSE by Alan D. Lasko and Lasko & Associates, P.C.in Opposition to MOTION by Defendant Randall Goulding for reconsideration regarding memorandum opinion and order #392 , order on motion for miscellaneous relief, text entry #391 #410 (Yuknis, Clifford)
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Filing 428
MOTION by Intervenor Barnes & Thornburg LLP, Receiver Leslie Weiss for extension of time and Leave to File an Oversized Response (Parker, Rebekah)
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Filing 427
RESPONSE by Barnes & Thornburg LLP, Leslie Weissin Opposition to MOTION by Defendant Randall Goulding for reconsideration regarding memorandum opinion and order #392 , order on motion for miscellaneous relief, text entry #391 #410 (Parker, Rebekah)
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Filing 426
MOTION by Defendant David Goulding to appoint counsel Notice of Motion (Goulding, Randall)
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Filing 425
MOTION by Defendant David Goulding to appoint counsel (Attachments: #1 Declaration)(Goulding, Randall)
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Filing 424
NOTICE of Motion by Robert MacDonald Moye for presentment of motion to strike #423 before Honorable William J. Hibbler on 12/21/2011 at 09:45 AM. (Moye, Robert)
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Filing 423
MOTION by Plaintiff Securities And Exchange Commission to strike Defendant David Goulding's Jury Demand (Moye, Robert)
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Filing 440
MINUTE entry before Honorable William J. Hibbler: Motion hearing held. Motion to withdraw as counsel for defendant David Goulding [#419 ] is granted upon counsel notifying their former client to provide his contact information to plaintiff and file a pro se appearance with the Clerk of the Court. Defendant David Gould's motion for appointment of counsel [#421 ] is denied without prejudice. Mailed notice (vcf, )
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Filing 422
OBJECTIONS by Eric Irrgang to MOTION by Receiver Leslie Weiss for attorney fees Receiver's Motion to Pay Invoices of Novack and Macey LLP #404 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Nagler, Steven)
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Filing 421
MOTION by Defendant David Goulding to appoint counsel (Attachments: #1 Exhibit, #2 Affidavit)(Goulding, Randall)
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Filing 420
NOTICE of Motion by James L. Kopecky for presentment of motion to withdraw as attorney #419 before Honorable William J. Hibbler on 12/6/2011 at 09:30 AM. (Kopecky, James)
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Filing 419
MOTION by counsel for Defendant David Goulding to withdraw as attorney (Kopecky, James)
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Filing 418
ANSWER to amended complaint by David Goulding(Conner, Brooke)
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Filing 417
MINUTE entry before Honorable William J. Hibbler: Motion hearing held on 11/22/2011 regarding motion for reconsideration, motion for relief,, #410 . Defendant Randall Goudling's Motion for reconsideration #410 is taken under advisement. Responses due by 12/13/2011. Defendant Randall Goulding to reply by 12/27/2011. Ruling by mail. Mailed notice (jdh)
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Filing 414
NOTICE of Motion by Jamie S. Franklin for presentment of motion for reconsideration, motion for relief,, #410 before Honorable William J. Hibbler on 11/22/2011 at 09:30 AM. (Franklin, Jamie)
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Filing 413
EXHIBIT 3 by Randall Goulding in Support of Motion for Reconsideration (Franklin, Jamie)
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Filing 412
EXHIBIT 2 by Randall Goulding in Support of Motion for Reconsideration (Franklin, Jamie)
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Filing 411
MEMORANDUM by Randall Goulding in support of motion for reconsideration, motion for relief,, #410 (Attachments: #1 Exhibit 1 part 1 of 5, #2 Exhibit 1 part 2 of 5, #3 Exhibit 1 part 3 of 5, #4 Exhibit 1 part 4 of 5, #5 Exhibit 1 part 5 of 5)(Franklin, Jamie)
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Filing 410
MOTION by Defendant Randall Goulding for reconsideration regarding memorandum opinion and order #392 , order on motion for miscellaneous relief, text entry #391 (Franklin, Jamie)
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Filing 416
MINUTE entry before Honorable William J. Hibbler: Motion hearing held on 11/15/2011 regarding motion to appoint counsel #409 , motion for attorney fees #338 , motion to enforce #383 , motion for miscellaneous relief #385 , motion to withdraw as attorney #397 , motion for extension of time to complete discovery #395 , motion for attorney fees #402 , motion for attorney fees, #404 , motion for declaratory judgment,,,,,,,,, #406 . Motion for declaratory judgment #406 is taken under advisement. Responses due by 12/20/2011. Replies due by 1/10/2012. Ruling by mail. Motion for attorney fees #338 , Motion for attorney fees #402 and Motion for attorney fees #404 are taken under advisement. Responses to be filed by 12/6/2011. Replies to be filed by 12/23/2011. Ruling by mail. Motion to enforce #383 is mooted by the briefing schedule on motion document number 406. Receiver's Motion to employ and retain Novak & Macey, LLP #385 is granted. Motion for extension of time to complete discovery #395 is continued to 12/21/2011 at 9:45 AM. Motion to withdraw as attorney for defendant Randall Goulding #397 is granted. Defendant Randall Goulding's Motion to appoint counsel #409 is denied. Status hearing reset to 12/21/2011 at 9:45 AM. Mailed notice (jdh)
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Filing 415
ATTORNEY Appearance for Respondent Michael Alonso by Eric W. Berry. (vcf, )
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Filing 409
MOTION by Defendant Randall Goulding to appoint counsel (Attachments: #1 Affidavit, #2 Declaration)(Goulding, Randall)
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Filing 408
MEMORANDUM by Michael Alonso, Lawrence Altholtz, Altholtz Family Limited Partnership, Billy E. Grace and Glena C. Grace, as representatives of The Grace Family Trust, Brad Cohen and Robyn Cohen as representatives of UTD 9-11-01, Richard J Carr, Donald Chermel, Stephen R Chipman, Clifford R Cross, Melodie K. Cross, Lawrence DePaolo, DelMonte Holdings, LLC, Kenneth Diamond, Dillard Coleman and Glenda Coleman, as representatives of the Coleman Living Trust 11/7/01, Peter Dolan, Patricia Eitzen, Myra Fishman, Zachary Fishman, Daniel Ford, Donna Ford, Douglas Ford, Dwain Ford, Robert M Gale, Stanley Gottlieb, Paul Gougelman, Ralph Gracia, Jerry L Hall, Darren A Hearns, Paula Heggerick, Scott Hill, Patricia S Horvath, Jaffe Revocable Living Trust, Jeffrey Friedman, as representative of the Jeffrey R Friedman Revocable Trust, Karyn Blaise Irrevocable Trust, Marshall Katzman, Kenneth Diamond as a representative of Pensco Trust Co. Custodian Ken Diamond DI1CP, Harvey Levin, Glen Lundahl, Roberta Lundahl, Raymond Lutze, Kevin M. Lyons, Margaret Milstead, as a representative of MArgaret M. Milstead LT 3-7-00, Mark Sperber as a representative of Resources Trust, Melanie Altholtz ILIT, Stuart P. Miller, Donald S. Monopoli, Laura E. Monopoli, Nancy Rogers, as executrix for the estate of James P. Rogers and representative of Equity Trust Co. Custodian FBO JAmes P. Rogers, IRA, James O'Malley, Juan Pardo de Zela, Louis R. Pertz, Francie Pinkwater, Krisztina Pipo, Erik Poch, Katie Poch, Oskar R. Poch, Rick Freedman, as a representative of the Rick Martin Freedman Trust, Frank Ripa, Jackie Ripa, Ripa & Associates, LLC, Rivers Enterprises, FLLP, Ronald J. Fishman, as a representative of Pensco Trust Co. Custodian FBO Ronald J. Fishman IRA, Allen Rubens, Howard Salamon, Jason Elliot Salamon, Pamela Salamon, Samuel Salamon, Sheri Salamon, William Daniel Salamon, Ana Schuster, Georgene Schuster, Robert Schuster, Sean Underwood, as a representative of the Underwood Living Trust, Garland Sheats, Jeffrie Silverberg, Dennis L. Smith, Kenneth Snider, Mark Sperber, Patricia Sperber, Larry A. Spindler, Ronald W. Stevens, John R. Troup, Sue S. Troup, Adam White, Brittany White, Randi White, Ashley Young, Brandt Young, Laurie Young, Michael Young in support of motion for declaratory judgment,,,,,,,,, #406 (Attachments: #1 Declaration, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33, #35 Exhibit 34, #36 Exhibit 35, #37 Exhibit 36, #38 Exhibit 37, #39 Exhibit 38, #40 Exhibit 39, #41 Exhibit 40)(Goodman, Adam)
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Filing 407
NOTICE of Motion by Adam B Goodman for presentment of motion for declaratory judgment,,,,,,,,, #406 before Honorable William J. Hibbler on 11/15/2011 at 01:30 PM. (Goodman, Adam)
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Filing 406
MOTION by Respondents Michael Alonso, Lawrence Altholtz, Billy E. Grace and Glena C. Grace, as representatives of The Grace Family Trust, Brad Cohen and Robyn Cohen as representatives of UTD 9-11-01, Richard J Carr, Donald Chermel, Stephen R Chipman, Clifford R Cross, Melodie K. Cross, Lawrence DePaolo, DelMonte Holdings, LLC, Kenneth Diamond, Dillard Coleman and Glenda Coleman, as representatives of the Coleman Living Trust 11/7/01, Peter Dolan, Patricia Eitzen, Myra Fishman, Zachary Fishman, Daniel Ford, Donna Ford, Douglas Ford, Dwain Ford, Robert M Gale, Stanley Gottlieb, Paul Gougelman, Ralph Gracia, Jerry L Hall, Darren A Hearns, Paula Heggerick, Scott Hill, Patricia S Horvath, Jaffe Revocable Living Trust, Jeffrey Friedman, as representative of the Jeffrey R Friedman Revocable Trust, Karyn Blaise Irrevocable Trust, Marshall Katzman, Kenneth Diamond as a representative of Pensco Trust Co. Custodian Ken Diamond DI1CP, Harvey Levin, Glen Lundahl, Roberta Lundahl, Raymond Lutze, Kevin M. Lyons, Margaret Milstead, as a representative of MArgaret M. Milstead LT 3-7-00, Mark Sperber as a representative of Resources Trust, Melanie Altholtz ILIT, Stuart P. Miller, Donald S. Monopoli, Laura E. Monopoli, Nancy Rogers, as executrix for the estate of James P. Rogers and representative of Equity Trust Co. Custodian FBO JAmes P. Rogers, IRA, James O'Malley, Juan Pardo de Zela, Louis R. Pertz, Francie Pinkwater, Krisztina Pipo, Erik Poch, Katie Poch, Oskar R. Poch, Rick Freedman, as a representative of the Rick Martin Freedman Trust, Frank Ripa, Jackie Ripa, Ripa & Associates, LLC, Rivers Enterprises, FLLP, Ronald J. Fishman, as a representative of Pensco Trust Co. Custodian FBO Ronald J. Fishman IRA, Allen Rubens, Howard Salamon, Jason Elliot Salamon, Pamela Salamon, Samuel Salamon, Sheri Salamon, William Daniel Salamon, Ana Schuster, Georgene Schuster, Robert Schuster, Sean Underwood, as a representative of the Underwood Living Trust, Garland Sheats, Jeffrie Silverberg, Dennis L. Smith, Kenneth Snider, Mark Sperber, Patricia Sperber, Larry A. Spindler, Ronald W. Stevens, John R. Troup, Sue S. Troup, Adam White, Brittany White, Randi White, Ashley Young, Brandt Young, Laurie Young, Michael Young for declaratory judgment That They Are Entitled to FIle Derivative Claim as of Right, or Alternatively, for Permission to FIle Derivative Claim (Goodman, Adam)
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Filing 405
NOTICE of Motion by Kevin Charles Driscoll, Jr for presentment of motion for attorney fees, #404 before Honorable William J. Hibbler on 11/15/2011 at 01:30 PM. (Driscoll, Kevin)
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Filing 404
MOTION by Receiver Leslie Weiss for attorney fees Receiver's Motion to Pay Invoices of Novack and Macey LLP (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Driscoll, Kevin)
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Filing 403
NOTICE of Motion by Kevin Charles Driscoll, Jr for presentment of motion for attorney fees #402 before Honorable William J. Hibbler on 11/15/2011 at 01:30 PM. (Driscoll, Kevin)
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Filing 402
MOTION by Receiver Leslie Weiss for attorney fees Receiver's Twenty-Second Interim Fee Application (Attachments: #1 Exhibit A)(Driscoll, Kevin)
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Filing 401
NOTICE by Leslie Weiss re other #400 Receiver's Tenth Interim Report (Driscoll, Kevin)
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Filing 400
Receiver's Tenth Interim Report by Leslie Weiss (Driscoll, Kevin)
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Filing 399
MINUTE entry before Honorable William J. Hibbler: Motion hearing held on 11/3/2011 regarding motion to withdraw as attorney #397 , motion for extension of time to complete discovery #395 and continued to 11/15/2011 at 1:30 PM. Mailed notice (jdh)
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Filing 398
NOTICE of Motion by Martin Wojslaw Jaszczuk for presentment of motion to withdraw as attorney #397 before Honorable William J. Hibbler on 11/3/2011 at 09:30 AM. (Jaszczuk, Martin)
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Filing 397
MOTION by counsel for Defendant Randall Goulding to withdraw as attorney (Jaszczuk, Martin)
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Filing 396
NOTICE of Motion by Randall S. Goulding for presentment of (Goulding, Randall)
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Filing 395
MOTION by Defendant Randall Goulding for extension of time to complete discovery (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Goulding, Randall)
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Filing 394
MEMORANDUM Opinion and Order Signed by the Honorable William J. Hibbler on 10/19/2011. Mailed notice(vcf, )
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Filing 393
MINUTE entry before Honorable William J. Hibbler: Enter Memorandum Opinion and Order. The Court Denies Defendant's Motion to Dismiss (doc. # 323). Mailed notice (vcf, )
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Filing 392
MEMORANDUM Opinion and Order Signed by the Honorable William J. Hibbler on 10/19/2011. Mailed notice(vcf, )
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Filing 391
MINUTE entry before Honorable William J. Hibbler: Enter Memorandum Opinion and Order. The Court Denies Defendant's Motion for leave to File ( doc. 319). Mailed notice (vcf, )
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Filing 390
WRITTEN Opinion entered by the Honorable William J. Hibbler on 10/19/2011: The Court GRANTS in part and DENIES in part the SEC's Motion to Strike Defendant's Jury Demand (doc.#333). Signed by the Honorable William J. Hibbler on 10/19/2011. Mailed notice(vcf, )
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Filing 388
ATTORNEY Appearance for Respondents Michael Alonso, Lawrence Altholtz, Altholtz Family Limited Partnership, Karyn Blaise Irrevocable Trust, Melanie Altholtz ILIT, Richard J Carr, Donald Chermel, Stephen R Chipman, Clifford R Cross, Melodie K. Cross, DelMonte Holdings, LLC, Lawrence DePaolo, Brad Cohen and Robyn Cohen as representatives of UTD 9-11-01, Dillard Coleman and Glenda Coleman, as representatives of the Coleman Living Trust 11/7/01, Kenneth Diamond, Kenneth Diamond as a representative of Pensco Trust Co. Custodian Ken Diamond DI1CP, Peter Dolan, Patricia Eitzen, Myra Fishman, Ronald J. Fishman, as a representative of Pensco Trust Co. Custodian FBO Ronald J. Fishman IRA, Zachary Fishman, Daniel Ford, Donna Ford, Douglas Ford, Dwain Ford, Rick Freedman, as a representative of the Rick Martin Freedman Trust, Jeffrey Friedman, as representative of the Jeffrey R Friedman Revocable Trust, Robert M Gale, Stanley Gottlieb, Paul Gougelman, Billy E. Grace and Glena C. Grace, as representatives of The Grace Family Trust, Ralph Gracia, Jerry L Hall, Darren A Hearns, Paula Heggerick, Scott Hill, Patricia S Horvath, Jaffe Revocable Living Trust, Marshall Katzman, Harvey Levin, Glen Lundahl, Roberta Lundahl, Raymond Lutze, Kevin M. Lyons, Stuart P. Miller, Margaret Milstead, as a representative of MArgaret M. Milstead LT 3-7-00, Donald S. Monopoli, Laura E. Monopoli, James O'Malley, Juan Pardo de Zela, Louis R. Pertz, Francie Pinkwater, Krisztina Pipo, Erik Poch, Katie Poch, Oskar R. Poch, Frank Ripa, Jackie Ripa, Ripa & Associates, LLC, Rivers Enterprises, FLLP, Nancy Rogers, as executrix for the estate of James P. Rogers and representative of Equity Trust Co. Custodian FBO JAmes P. Rogers, IRA, Allen Rubens, Howard Salamon, Jason Elliot Salamon, Pamela Salamon, Samuel Salamon, Sheri Salamon, William Daniel Salamon, Ana Schuster, Georgene Schuster, Robert Schuster, Garland Sheats, Jeffrie Silverberg, Dennis L. Smith, Kenneth Snider, Mark Sperber, Patricia Sperber, Mark Sperber as a representative of Resources Trust, Larry A. Spindler, Ronald W. Stevens, John R. Troup, Sue S. Troup, Sean Underwood, as a representative of the Underwood Living Trust, Adam White, Brittany White, Randi White, Ashley Young, Brandt Young, Laurie Young, Michael Young by Adam B Goodman (Attachments: #1 Supplement List of Clients)(Goodman, Adam)
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Filing 389
MINUTE entry before Honorable William J. Hibbler: Motion hearing held on 10/18/2011 regarding Leslie Weiss and Barnes & Thornburg's motion to enforce the Court's appointment order and Goulding communication order #383 and Receiver's motion to employ and retain Novack and Macey LLP as counsel #385 and continued to 11/15/2011 at 1:30 PM. Mailed notice (jdh)
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Filing 387
ATTORNEY Appearance for Receiver Leslie Weiss by Paul Thomas Musser (Musser, Paul)
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Filing 386
NOTICE of Motion by Kevin Charles Driscoll, Jr for presentment of motion for miscellaneous relief #385 before Honorable William J. Hibbler on 10/18/2011 at 09:30 AM. (Driscoll, Kevin)
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Filing 385
MOTION by Receiver Leslie Weiss Receiver's Motion to Employ and Retain Novack and Macey LLP as Counsel (Attachments: #1 Exhibit A)(Driscoll, Kevin)
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Filing 384
NOTICE of Motion by Rebekah Hava Parker for presentment of motion to enforce #383 before Honorable William J. Hibbler on 10/18/2011 at 09:30 AM. (Parker, Rebekah)
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Filing 383
MOTION by Intervenor Barnes & Thornburg LLP, Receiver Leslie Weiss to enforce The Courts Appointment Order And Goulding Communication Order (Attachments: #1 Exhibit A-D)(Parker, Rebekah)
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Filing 382
SUR-REPLY by Intervenor Barnes & Thornburg LLP, Receiver Leslie Weiss to reply #369 to Leave Motion (Parker, Rebekah)
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Filing 381
MINUTE entry before Honorable William J. Hibbler: Motion hearing held on 10/4/2011 regarding motion for leave to file #379 . Leslie J. Weiss and Barnes & Thornburg LLP's Motion for leave to file surreply instanter #379 is granted. Mailed notice (jdh)
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Filing 380
NOTICE of Motion by Rebekah Hava Parker for presentment of motion for leave to file #379 before Honorable William J. Hibbler on 10/4/2011 at 09:30 AM. (Parker, Rebekah)
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Filing 379
MOTION by Intervenor Barnes & Thornburg LLP, Receiver Leslie Weiss for leave to file Sur-reply (Attachments: #1 Exhibit A)(Parker, Rebekah)
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Filing 378
MINUTE entry before Honorable William J. Hibbler: SEC's Motion for extension of time to file reply by 9/12/2011 #374 is granted. Mailed notice (jdh)
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Filing 377
REPLY by Plaintiff Securities And Exchange Commission in support of Motion to Strike Jury Demands (Attachments: #1 Exhibit A, Sworn Accounting)(Moye, Robert)
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Filing 376
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Barnes & Thornburg LLP Federal Rule 7.1 And (St. Clair, Olivia)
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Filing 375
NOTICE of Motion by Robert MacDonald Moye for presentment of extension of time #374 before Honorable William J. Hibbler on 9/13/2011 at 09:30 AM. (Moye, Robert)
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Filing 374
MOTION by Plaintiff Securities And Exchange Commission for extension of time to file reply memorandum (Moye, Robert)
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Filing 373
Federal Rule 7.1 Corporate Disclosure STATEMENT by Alan D. Lasko and Lasko & Associates, P.C. (Yuknis, Clifford)
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Filing 372
NOTICE by Leslie Weiss re reply #371 (Driscoll, Kevin)
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Filing 371
REPLY by Receiver Leslie Weiss to motion for attorney fees #338 (Driscoll, Kevin)
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Filing 370
REPLY by Plaintiff Securities And Exchange Commission in Support of Receiver's 21st Fee Request (Moye, Robert)
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Filing 369
REPLY by Defendant Randall Goulding to motion for miscellaneous relief, #319 (Franklin, Jamie)
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Filing 368
REPLY by Defendant David Goulding to motion to dismiss #323 Reply in Support of Motion to Dismiss Plaintiff's Amended Complaint (Conner, Brooke)
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Filing 367
MEMORANDUM by Alan D. Lasko and Lasko & Associates, P.C. in Opposition to motion for miscellaneous relief, #319 Defendant Goulding's Motion for Leave to File Suit in the Circuit Court of Cook County, Illinois (Yuknis, Clifford)
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Filing 366
RESPONSE by David Gouldingin Opposition to MOTION by Receiver Leslie Weiss for attorney fees #338 (Conner, Brooke)
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Filing 365
RESPONSE by Defendant Randall Goulding to motion to strike #333 Corrected (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Goulding, Randall)
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Filing 364
RESPONSE by Defendant Randall Goulding to motion to strike #333 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Goulding, Randall)
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Filing 363
RESPONSE by David Goulding, INC, David Samuel, LLCin Opposition to MOTION by Plaintiff Securities And Exchange Commission to strike jury demands #333 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Conner, Brooke)
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Filing 362
MINUTE entry before Honorable William J. Hibbler: The minute entry of 8/18/2011 is amended as follows: Receiver's Motion to employ and retain Novack and Macey LLP as counsel #344 is granted. The balance of the minute entry to stand. Defendant Goulding may object to the payment amount at the time the voucher is submitted. Mailed notice (jdh)
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Filing 361
RESPONSE by Securities And Exchange Commission to MOTION by Defendant David Goulding to dismiss Plaintiff's Amended Complaint #323 (Moye, Robert)
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Filing 360
MINUTE entry before Honorable William J. Hibbler: Motion hearing held on 8/18/2011 regarding motion to intervene #348 , motion for attorney fees #338 , motion for miscellaneous relief #344 , motion to intervene #353 , motion for leave to file[ 351], motion to reassign case #346 . Jaime S. Franklin given leave to file appearance as counsel for Randall Goulding. Receiver's Motion for attorney fees #338 and Receiver's Motion to employ and retain Novack and Macey LLP as counsel #344 are taken under advisement. Responses due by 9/1/2011. Replies due by 9/8/2011. Ruling by mail. Motion for reassignment of related case and to stay later filed case #346 is granted. Motion to intervene by Alan D. Lasko and Alan D. Lasko & Associates, P.C. #348 is granted. Motion for leave to file brief in excess of 15 pages not to exceed 20 pages #351 is granted. Motion to intervene of Barnes & Thornburg, LLP for a limited purpose #353 is granted. Status hearing date of 10/27/2011 at 9:30 a.m. to stand. Mailed notice (jdh)
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Filing 359
ATTORNEY Appearance for Intervenor Alan D. Lasko and Lasko & Associates, P.C. by Clifford E. Yuknis (Yuknis, Clifford)
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Filing 358
ATTORNEY Appearance for Intervenor Alan D. Lasko and Lasko & Associates, P.C. by Peter D. Sullivan (Sullivan, Peter)
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Filing 357
RESPONSE by Barnes & Thornburg LLP in Opposition to MOTION by Defendant Randall GouldingLeave to File Suit in the Circuit Court of Cook County #319 (Parker, Rebekah)
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Filing 356
RESPONSE by Leslie Weissin Opposition to MOTION by Defendant Randall GouldingLeave to File Suit in the Circuit Court of Cook County #319 (Parker, Rebekah)
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Filing 355
RESPONSE by Securities And Exchange Commission to MOTION by Defendant Randall GouldingLeave to File Suit in the Circuit Court of Cook County #319 (Moye, Robert)
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Filing 354
NOTICE of Motion by Rebekah Hava Parker for presentment of motion to intervene #353 before Honorable William J. Hibbler on 8/24/2011 at 09:30 AM. (Parker, Rebekah)
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Filing 353
MOTION by Intervenor Barnes & Thornburg LLP to intervene for a Limited Purpose (Attachments: #1 Exhibit A)(Parker, Rebekah)
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Filing 352
NOTICE of Motion by Rebekah Hava Parker for presentment of motion for leave to file #351 before Honorable William J. Hibbler on 8/24/2011 at 09:30 AM. (Parker, Rebekah)
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Filing 351
MOTION by Receiver Leslie Weiss for leave to file an Oversized Response (Attachments: #1 Exhibit A)(Parker, Rebekah)
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Filing 350
ATTORNEY Appearance for Defendant Randall Goulding by Jamie S. Franklin (Franklin, Jamie)
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Filing 349
MEMORANDUM In Support of Motion to Intervene by Alan D. Lasko and Lasko & Associates, P.C. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Yuknis, Clifford)
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Filing 348
MOTION by Intervenor Alan D. Lasko and Lasko & Associates, P.C. to intervene (Attachments: #1 Exhibit A part 1, #2 Exhibit A part 2, #3 Exhibit A part 2)(Yuknis, Clifford)
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Filing 347
NOTICE of Motion by Olivia Grace St. Clair for presentment of motion for for (I) Reassignment of Related Case and (II) to stay later filed case #346 before Honorable William J. Hibbler on 8/18/2011 at 09:30 AM. (St. Clair, Olivia)(Docket Text Modified by Clerk's Office)
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Filing 346
MOTION by Plaintiff Barnes & Thornburg LLP, Receiver Leslie Weiss to reassign case Motion For (I) Reassignment of Related Case and (II) To Stay Later Filed Case (Attachments: #1 Exhibit)(St. Clair, Olivia)
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Filing 345
NOTICE of Motion by Kevin Charles Driscoll, Jr for presentment of motion for miscellaneous relief #344 before Honorable William J. Hibbler on 8/18/2011 at 09:30 AM. (Driscoll, Kevin)
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Filing 344
MOTION by Receiver Leslie Weiss Receiver's Motion to Employ and Retain Novack and Macey LLP As Counsel (Driscoll, Kevin)
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Filing 343
ATTORNEY Appearance for Plaintiff Barnes & Thornburg LLP, Receiver Leslie Weiss by Olivia Grace St. Clair (St. Clair, Olivia)
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Filing 342
ATTORNEY Appearance for Plaintiff Barnes & Thornburg LLP, Receiver Leslie Weiss by Rebekah Hava Parker (Parker, Rebekah)
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Filing 341
ATTORNEY Appearance for Plaintiff Barnes & Thornburg LLP, Receiver Leslie Weiss by Timothy John Miller (Miller, Timothy)
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Filing 340
ATTORNEY Appearance for Receiver Leslie Weiss, Plaintiff Barnes & Thornburg LLP by Stephen Novack (Novack, Stephen)
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Filing 339
NOTICE of Motion by Kevin Charles Driscoll, Jr for presentment of motion for attorney fees #338 before Honorable William J. Hibbler on 8/18/2011 at 09:30 AM. (Driscoll, Kevin)
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Filing 338
MOTION by Receiver Leslie Weiss for attorney fees (Attachments: #1 Exhibit A)(Driscoll, Kevin)
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Filing 337
MINUTE entry before Honorable William J. Hibbler: Motion hearing held on 8/4/2011 regarding motion to strike #333 , motion for disbursement of funds, motion to bar #316 . SEC's Motion to strike jury demand #333 is taken under advisement. Responses due by 8/25/2011. SEC to reply by 9/8/2011. Ruling by mail. MOTION by Receiver Leslie Weiss for disbursement of funds to Certain Investors, MOTION by Receiver Leslie Weiss to bar Untimely Claims #316 is withdrawn without prejudice as stated in open court. Mailed notice (jdh)
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Filing 336
NOTICE by Leslie Weiss re Response #335 (Driscoll, Kevin)
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Filing 335
RESPONSE by Receiver Leslie Weiss to notice of motion #317 , motion for disbursement of funds, motion to bar #316 (Driscoll, Kevin)
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Filing 334
NOTICE of Motion by Robert MacDonald Moye for presentment of motion to strike #333 before Honorable William J. Hibbler on 8/4/2011 at 09:30 AM. (Moye, Robert)
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Filing 333
MOTION by Plaintiff Securities And Exchange Commission to strike jury demands (Moye, Robert)
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Filing 332
ATTORNEY Appearance for Plaintiff Securities And Exchange Commission by Benjamin J Hanauer (Hanauer, Benjamin)
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Filing 331
MINUTE entry before Honorable William J. Hibbler:Motion hearing held. Defendant's motion to dismiss #323 is taken under advisement. Response is to be filed by 8/22/2011. Reply is to be filed by 9/6/2011. Court will rule by mail. Oral motion to extend all deadlines is granted. Plaintiff shall comply with FRCP(26)(a)(2) by 11/15/11. All discovery shall be completed by 12/30/2011. Dispositive motions with supporting memoranda are to be filed by 2/2/2012. Response is to be filed by 3/1/2012. Reply is to be filed by 3/29/2012. Court will rule by mail. Status hearing date of 8/25/2011 is reset for 10/27/2011 at 09:30 AM. Mailed notice (jms, )
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Filing 330
MINUTE entry before Honorable William J. Hibbler: Defendant Randall Goulding's Motion for leave to file suit in the Circuit Court of Cook County #319 is taken under advisement. Responses due by 8/17/2011. Replies due by 9/7/2011. Ruling by mail. Mailed notice (jdh)
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Filing 329
NOTICE by Randall Goulding re answer to amended complaint #328 (Goulding, Randall)
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Filing 328
ANSWER to amended complaint by Randall Goulding(Goulding, Randall)
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Filing 327
ANSWER to amended complaint by Financial Alchemy, LLC, Eric Irrgang, Phlly Financial, LLC(Nagler, Steven)
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Filing 326
Relief Defendants David Goulding, Inc.'s and David Samuel, LLC's ANSWER to amended complaint by David Goulding, INC, David Samuel, LLC(Rosenburg, Howard)
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Filing 325
NOTICE of Motion by Brooke Elizabeth Conner for presentment of motion to dismiss #323 before Honorable William J. Hibbler on 7/20/2011 at 09:30 AM. (Conner, Brooke)
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Filing 324
MEMORANDUM by David Goulding in support of motion to dismiss #323 Plaintiff's Amended Complaint (Conner, Brooke)
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Filing 323
MOTION by Defendant David Goulding to dismiss Plaintiff's Amended Complaint (Conner, Brooke)
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Filing 322
ATTORNEY Appearance for Defendant David Goulding by Brooke Elizabeth Conner (Conner, Brooke)
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Filing 321
Corrected NOTICE of Motion by Jamie S. Franklin for presentment of motion for miscellaneous relief, #319 before Honorable William J. Hibbler on 7/20/2011 at 09:30 AM. (Franklin, Jamie)
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Filing 320
NOTICE of Motion by Jamie S. Franklin for presentment of motion for miscellaneous relief, #319 before Honorable William J. Hibbler on 7/20/2011 at 09:30 AM. (Franklin, Jamie)
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Filing 319
MOTION by Defendant Randall GouldingLeave to File Suit in the Circuit Court of Cook County (Attachments: #1 Exhibit 1, #2 Appendix A, #3 Appendix B, #4 Appendix C, #5 Appendix D, #6 Appendix E, #7 Appendix F, #8 Appendix G, #9 Appendix H)(Franklin, Jamie)
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Filing 317
NOTICE of Motion by Kevin Charles Driscoll, Jr for presentment of motion for disbursement of funds, motion to bar #316 before Honorable William J. Hibbler on 8/4/2011 at 09:30 AM. (Driscoll, Kevin)
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Filing 316
MOTION by Receiver Leslie Weiss for disbursement of funds to Certain Investors, MOTION by Receiver Leslie Weiss to bar Untimely Claims (Attachments: #1 Exhibit A, #2 Exhibit B)(Driscoll, Kevin)
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Filing 318
MINUTE entry before Honorable William J. Hibbler: Motion hearing held on 6/23/2011 regarding motion for attorney fees #311 , motion for attorney fees #312 . Receiver's Nineteenth Interim Fee Application #311 is granted in the amount of $5,163.00 compensation and $109.39 costs and expenses. Receiver's Twentieth Interim Fee Application #312 is granted in the amount of $10,922.50 compensation and $11.32 costs and expenses. Mailed notice (jdh)
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Filing 315
MINUTE entry before Honorable William J. Hibbler: Motion hearing held on 6/14/2011 regarding motion for leave to file #309 . Plaintiff's Motion for leave to file amended complaint #309 is granted. Defendants to answer or otherwise plead by 7/12/2011. Compliance with rebuttal FRCP(26)(a)(2) extended to 8/15/2011. Discovery cut-off extended to 9/30/2011. Filing of dispositive motions with supporting memoranda extended to 11/2/2011. Responses due by 11/30/2011. Replies due by 12/28/2011. Status hearing reset to 8/25/2011 at 9:30 AM.Mailed notice (jdh)
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Filing 314
AMENDED complaint by Securities And Exchange Commission against All Defendants and terminating Samuel Wayne as defendant (Moye, Robert)
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Filing 313
NOTICE of Motion by Kevin Charles Driscoll, Jr for presentment of motion for attorney fees #311 , motion for attorney fees #312 before Honorable William J. Hibbler on 6/23/2011 at 09:30 AM. (Driscoll, Kevin)
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Filing 312
MOTION by Receiver Leslie Weiss for attorney fees Twentieth Interim Fee Application (Attachments: #1 Exhibit A)(Driscoll, Kevin)
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Filing 311
MOTION by Receiver Leslie Weiss for attorney fees Nineteenth Interim Fee Application(Attachments: #1 Exhibit A-1, #2 Exhibit A-2)(Driscoll, Kevin)
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Filing 310
NOTICE of Motion by Robert MacDonald Moye for presentment of motion for leave to file #309 before Honorable William J. Hibbler on 6/14/2011 at 09:30 AM. (Moye, Robert)
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Filing 309
MOTION by Plaintiff Securities And Exchange Commission for leave to file Amended Complaint (Attachments: #1 Exhibit Amended Complaint)(Moye, Robert)
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Filing 308
NOTICE by Randall Goulding re other #307 (Goulding, Randall)
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Filing 307
Expert Report by Randall Goulding (Goulding, Randall)
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Filing 306
NOTICE by Randall Goulding re exhibit, #305 , exhibit, #302 , exhibit, #300 , exhibit, #303 , other, #298 , exhibit #301 , exhibit, #299 , other #297 , exhibit, #304 (Goulding, Randall)
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Filing 305
EXHIBIT by Defendant Randall Goulding regarding exhibit, #302 , exhibit, #300 , exhibit, #303 , exhibit #301 , exhibit, #299 , other #297 , other, #298 , exhibit, #304 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit)(Goulding, Randall)
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Filing 304
EXHIBIT by Defendant Randall Goulding regarding exhibit, #302 , exhibit, #300 , exhibit, #303 , exhibit #301 , exhibit, #299 , other #297 , other, #298 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit)(Goulding, Randall)
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Filing 303
EXHIBIT by Defendant Randall Goulding regarding exhibit, #302 , exhibit, #300 , exhibit #301 , exhibit, #299 , other #297 , other, #298 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit)(Goulding, Randall)
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Filing 302
EXHIBIT by Defendant Randall Goulding regarding exhibit, #300 , exhibit #301 , exhibit, #299 , other #297 , other, #298 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit)(Goulding, Randall)
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Filing 301
EXHIBIT by Defendant Randall Goulding regarding exhibit, #300 , exhibit, #299 , other #297 , other, #298 (Goulding, Randall)
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Filing 300
EXHIBIT by Defendant Randall Goulding regarding exhibit, #299 , other #297 , other, #298 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit)(Goulding, Randall)
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Filing 299
EXHIBIT by Defendant Randall Goulding regarding other #297 , other, #298 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit)(Goulding, Randall)
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Filing 298
EXHIBITS by Randall Goulding to Expert Report #297 .(Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit)(Goulding, Randall) (Docket text modified by Clerk's Office,) Modified on 6/6/2011 (kj, ).
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Filing 297
Expert Report by Randall Goulding (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Goulding, Randall)
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Filing 296
MINUTE entry before Honorable William J. Hibbler:Motion hearing held on 5/26/2011 regarding motion to compel #294 . Motion by defendant Randall Goulding to compel Mari Reidy to appear for her deposition #293 is granted for the reasons and under the circumstances stated on the record in open court.Mailed notice (tlp, )
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Filing 295
NOTICE of Motion by Randall S. Goulding for presentment of motion to compel, #293 before Honorable William J. Hibbler on 5/26/2011 at 09:30 AM. (Goulding, Randall)
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Filing 294
MOTION by Defendant Randall Goulding to compel (Goulding, Randall)
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Filing 293
MOTION by Defendant Randall Goulding to compel (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit)(Goulding, Randall)
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Filing 292
MINUTE entry before Honorable William J. Hibbler: Status hearing held on 5/19/2011 and continued to 7/19/2011 at 9:30 AM. Mailed notice (jdh)
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Filing 291
MINUTE entry before Honorable William J. Hibbler: Motion hearing held on 4/19/2011 regarding motion for attorney fees #289 , motion for attorney fees #288 . Receiver's Seventeenth Interim Fee Application #288 is granted in the amount of $8,869.50 and costs and expenses of $170.29. Receiver's Eighteenth Interim Fee Application #289 is granted in the amount of $3,289.50 and costs and expenses of $10.91. Mailed notice (jdh)
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Filing 290
NOTICE of Motion by Kevin Charles Driscoll, Jr for presentment of motion for attorney fees #288 , motion for attorney fees #289 before Honorable William J. Hibbler on 4/19/2011 at 09:30 AM. (Driscoll, Kevin)
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Filing 289
MOTION by Receiver Leslie Weiss for attorney fees Receiver's Eighteenth Interim Fee Application (Driscoll, Kevin)
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Filing 288
MOTION by Receiver Leslie Weiss for attorney fees Receiver's Seventeenth Interim Fee Application (Driscoll, Kevin)
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Filing 287
MINUTE entry before Honorable William J. Hibbler: Agreed Motion to modify discovery plan and scheduling order #284 is granted. Parties given to and including 6/8/2011 to amend all pleadings and to add any additional parties. Parties shall comply with FRCP(26)(a)(2) by 6/6/2011. Rebuttal compliance with FRCP(26)(a)(2) by 7/8/2011. Discovery ordered closed by 7/29/2011. Dispositive motions with supporting memoranda due by 9/2/2011. Responses due by 9/28/2011. Replies due by 10/28/2011. Ruling by mail. Status hearing reset to 5/19/2011 at 9:30 AM. Mailed notice (jdh)
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Filing 285
NOTICE of Motion by Martin Wojslaw Jaszczuk for presentment of motion for miscellaneous relief #284 before Honorable William J. Hibbler on 3/30/2011 at 09:30 AM. (Jaszczuk, Martin)
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Filing 284
MOTION by Defendants David Goulding, INC, David Samuel, LLC, Financial Alchemy, LLC, David Goulding, Randall Goulding, Eric Irrgang, Phlly Financial, LLC to Modify Discovery Plan and Scheduling Order (Jaszczuk, Martin)
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Filing 283
NOTICE by Leslie Weiss re other #282 (Driscoll, Kevin)
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Filing 282
Receiver's Ninth Interim Report by Leslie Weiss (Driscoll, Kevin)
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Filing 281
MINUTE entry before Honorable William J. Hibbler: Plaintiff's Unopposed Motion for counsel James G. Lundy to withdraw #279 is granted. Mailed notice (jdh)
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Filing 280
NOTICE of Motion by James G. Lundy for presentment of motion to withdraw #279 before Honorable William J. Hibbler on 3/3/2011 at 09:30 AM. (Lundy, James)
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Filing 279
MOTION by Plaintiff Securities And Exchange Commission to withdraw for James G. Lundy to withdaw as counsel, filed unopposed (Lundy, James)
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Filing 278
MINUTE entry before Honorable William J. Hibbler: Status hearing held on 1/26/2011 and continued to 4/12/2011 at 9:30 AM. The Court approves the Receiver's Eight Interim Report. Motion hearing held on 1/26/2011 regarding motion for miscellaneous relief #274 , motion for miscellaneous relief #275 . Receiver's Fifteenth Interim Fee Application #274 is granted in the amount of $8,634.00 and costs and expenses of $3,675.87. Receiver's Sixteenth Interim Fee Application #275 is granted in the amount of $7,168.50 and costs and expenses of $225.29. Parties given to and including 4/20/2011 to amend all pleadings and to add any additional parties. Parties shall comply with FRCP(26)(a)(2) by 4/18/2011. Parties shall comply with rebuttal FRCP (26(a)(2) by 5/20/2011. Discovery ordered closed by 6/10/2011. Dispositive motions with supporting memorandua due by 7/15/2011. Responses to be filed by 8/12/2011. Replies to be filed by 9/9/2011. Ruling by mail. Mailed notice (jdh)
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Filing 276
NOTICE of Motion by Kevin Charles Driscoll, Jr for presentment of motion for miscellaneous relief #275 , motion for miscellaneous relief #274 before Honorable William J. Hibbler on 1/26/2011 at 09:30 AM. (Driscoll, Kevin)
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Filing 275
MOTION by Receiver Leslie Weiss Receiver's Sixteenth Interim Fee Application (Driscoll, Kevin)
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Filing 274
MOTION by Receiver Leslie Weiss Receiver's Fifteenth Interim Fee Application (Driscoll, Kevin)
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Filing 277
MINUTE entry before Honorable William J. Hibbler: Defendant's Agreed Motion to extend all previously set discovery deadlines by 90 days #272 is granted. Parties to submit agreed amended discovery dates to the Court by 1/27/2011. Mailed notice (jdh)
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Filing 273
NOTICE of Motion by Martin Wojslaw Jaszczuk for presentment of motion for miscellaneous relief #272 before Honorable William J. Hibbler on 1/13/2011 at 09:30 AM. (Jaszczuk, Martin)
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Filing 272
MOTION by Defendants David Goulding, INC, David Samuel, LLC, Financial Alchemy, LLC, David Goulding, Randall Goulding, Eric Irrgang, Phlly Financial, LLC TO MODIFY DISCOVERY PLAN AND SCHEDULING ORDER (Jaszczuk, Martin)
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Filing 271
NOTICE by Leslie Weiss re other #270 (Driscoll, Kevin)
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Filing 270
Receiver's Eighth Interim Report by Leslie Weiss (Driscoll, Kevin)
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Filing 269
MINUTE entry before Honorable William J. Hibbler: Motion hearing held on 12/16/2010 regarding motion for miscellaneous relief #264 , motion for miscellaneous relief #266 , motion for miscellaneous relief #267 , motion for miscellaneous relief #263 . Receiver's Motion to set bar date of 3/9/2011 for asserting all claims or interest #263 is granted. Receiver's Motion to discharge Crowe, Horwath from further duties as accountant #264 is granted. Receiver's Thirteenth Interim Fee Application #266 is granted is granted in the amount of $ 12,926.50 and costs of $824.96. Receiver's Fourteenth Interim Fee Application #267 is granted in the amount of $22,502.00 and costs of $121.74. Mailed notice (jdh)
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Filing 268
NOTICE of Motion by Kevin Charles Driscoll, Jr for presentment of motion for miscellaneous relief #266 , motion for miscellaneous relief #267 before Honorable William J. Hibbler on 12/16/2010 at 09:30 AM. (Driscoll, Kevin)
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Filing 267
MOTION by Receiver Leslie Weiss Receiver's Fourteenth Interim Fee Application (Driscoll, Kevin)
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Filing 266
MOTION by Receiver Leslie Weiss Receiver's Thirteenth Interim Fee Application (Driscoll, Kevin)
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Filing 265
NOTICE of Motion by Kevin Charles Driscoll, Jr for presentment of motion for miscellaneous relief #263 , motion for miscellaneous relief #264 before Honorable William J. Hibbler on 12/16/2010 at 09:30 AM. (Driscoll, Kevin)
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Filing 264
MOTION by Receiver Leslie Weiss Receiver's Motion to Discharge Crowe Horwath From Further Duties as Accountant (Driscoll, Kevin)
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Filing 263
MOTION by Receiver Leslie Weiss Receiver's Motion to Set Bar Date (Driscoll, Kevin)
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Filing 262
NOTICE by Leslie Weiss re other #261 (Driscoll, Kevin)
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Filing 261
Crowe Horwath's Final Report to Leslie Weiss, as Court-Appointed Receiver for the Defendant Dated November 16, 2010 by Leslie Weiss (Attachments: #1 Exhibit 1-9)(Driscoll, Kevin)
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Filing 260
MINUTE entry before Honorable William J. Hibbler:Motion hearing held on 11/17/10, regarding Joint motion to modify discovery plan and scheduling order (258). The motion is granted. Parties given to and including 1/19/11 to amend all pleadings and to add any additional parties. Parties shall comply with FRCP(26)(a)(2) by 1/17/11. Parties shall comply with rebuttal FRCP (26(a)(2) by 2/18/11. Discovery ordered closed by 3/11/11. Dispositive motions with supporting memorandua due by 4/15/11. Responses to be filed by 5/13/11. Replies to be filed by 6/14/11. Status hearing is se for 1/26/11 at 9:30 (gl, )
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Filing 259
Joint Agreed NOTICE of Motion by Robert MacDonald Moye for presentment of extension of time #258 before Honorable William J. Hibbler on 11/17/2010 at 09:30 AM. (Moye, Robert)
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Filing 258
MOTION by Plaintiff Securities And Exchange Commission for extension of time under current discovery schedule (Moye, Robert)
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Filing 257
AMENDED other, #252 Corrected Copy of Exhibits 3-16 (Driscoll, Kevin)
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Filing 256
APPENDIX other #120 C to Exhibit C of Docket 120 (Driscoll, Kevin)
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Filing 255
APPENDIX other #120 B to Exhibit C of Docket 120 (Driscoll, Kevin)
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Filing 254
APPENDIX other #120 A to Exhibit C of Docket 120 (Driscoll, Kevin)
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Filing 253
NOTICE by Leslie Weiss re other, #252 (Driscoll, Kevin)
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Filing 252
Crowe Horwath's Second Report to Leslie Weiss, as Court-Appointed Receiver for the Defendant Dated October 20, 2010 by Leslie Weiss (Attachments: #1 Exhibit 1, #2 Exhibit 2 (Part 1), #3 Exhibit 2 (Part 2), #4 Exhibit 3-16)(Driscoll, Kevin)
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Filing 251
TRANSCRIPT OF PROCEEDINGS held on 9/1/2010 before the Honorable William J. Hibbler. Court Reporter Contact Information: ALEXANDRA ROTH, (312) 408-5038, alexandra_roth@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 11/9/2010. Redacted Transcript Deadline set for 11/19/2010. Release of Transcript Restriction set for 1/17/2011. (Roth, Alexandra)
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Filing 250
NOTICE by Leslie Weiss re other #249 (Driscoll, Kevin)
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Filing 249
Receiver's Seventh Interim Report by Leslie Weiss (Driscoll, Kevin)
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Filing 286
MINUTE entry before Honorable William J. Hibbler: Status hearing held on 10/12/2010 and continued to 11/17/10 at 10:30 a.m. Motion hearing held on 10/12/2010 regarding motion for rule to show cause, #180 , motion for miscellaneous relief #244 , motion to quash #237 , motion to quash #235 , motion for miscellaneous relief #243 , motion for leave to file #234 . Receiver's Motion for RULE to show cause #180 is dismissed for the reasons stated in open court. Motion for leave to file #234 is moot. Motion to quash #235 is granted. Receiver's Motion to quash #237 is granted. Receiver's Eleventh Motion for interim payment #243 is granted. Receiver's Twelfth Motion for interim payment #244 is granted. In court notice (wp)
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Filing 248
NOTICE of Motion by Edward Joseph Kozel for presentment of motion for leave to file #234 , motion to quash #235 before Honorable William J. Hibbler on 10/12/2010 at 11:00 AM. (Attachments: #1 Motion for Leave to File, #2 Motion to Modify)(Kozel, Edward)
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Filing 247
AMENDED NOTICE of Motion by Kevin Charles Driscoll, Jr for presentment of motion for miscellaneous relief #243 , motion for miscellaneous relief #244 before Honorable William J. Hibbler on 10/12/2010 at 11:00 AM. (Driscoll, Kevin)
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Filing 246
AMENDED NOTICE of Motion by Kevin Charles Driscoll, Jr for presentment of motion to quash #237 before Honorable William J. Hibbler on 10/12/2010 at 11:00 AM. (Driscoll, Kevin)
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Filing 245
NOTICE of Motion by Kevin Charles Driscoll, Jr for presentment of motion for miscellaneous relief #243 , motion for miscellaneous relief #244 before Honorable William J. Hibbler on 10/12/2010 at 09:30 AM. (Driscoll, Kevin)
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Filing 244
MOTION by Receiver Leslie Weiss Receiver's Twelfth Interim Fee Application (Driscoll, Kevin)
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Filing 243
MOTION by Receiver Leslie Weiss Receiver's Eleventh Interim Fee Application (Driscoll, Kevin)
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Filing 242
Receiver's Twelfth Interim Fee Application by Leslie Weiss (Driscoll, Kevin)
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Filing 241
Receiver's Eleventh Interim Fee Application by Leslie Weiss (Driscoll, Kevin)
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Filing 240
NOTICE by Leslie Weiss re other #239 (Driscoll, Kevin)
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Filing 239
Crowe Horwath's Report to Leslie Weiss, as Court Appointed Receiver by Leslie Weiss (Attachments: #1 Exhibit 1 - 9)(Driscoll, Kevin)
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Filing 238
NOTICE of Motion by Kevin Charles Driscoll, Jr for presentment of motion to quash #237 before Honorable William J. Hibbler on 10/12/2010 at 09:30 AM. (Driscoll, Kevin)
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Filing 237
MOTION by Receiver Leslie Weiss to quash subpoenas (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Driscoll, Kevin)
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Filing 236
NOTICE of Motion by Edward Joseph Kozel for presentment of motion for leave to file #234 , motion to quash #235 before Honorable William J. Hibbler on 10/12/2010 at 09:30 AM. (Kozel, Edward)
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Filing 235
MOTION by Movant Alan D Lasko to quash or modify subpoena (Kozel, Edward)
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Filing 234
MOTION by Movant Alan D Lasko for leave to file Motion to Quash Subpoena (Kozel, Edward)
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Filing 233
ATTORNEY Appearance for Defendants David Goulding, INC, David Samuel, LLC, David Goulding by Howard J. Rosenburg (Rosenburg, Howard)
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Filing 232
FINAL judgment as to relief defendant Sam Wayne Signed by the Honorable William J. Hibbler on 9/1/2010.Mailed notice(vcf, )
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Filing 231
MINUTE entry before Honorable William J. Hibbler:Motion hearing held. Defendant Randall Goulding's motion to compel the Receiver Leslie Weiss to comply with this Court's December 9, 2009 order #225 is denied. It was the intent of the court in its 12/9/09 order to give the Receiver the ability to screen any communication from Mr. Goulding to Investors and to the exercise her judgment in deciding which if any such communications are appropriate. SEC's motion for entry of agreed final judgment as to relief defendant Sam Wayne #227 is granted. Enter Final Judgment as to relief defendant Sam Wayne. Mailed notice (vcf, )
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Filing 230
MINUTE entry before Honorable William J. Hibbler: Motion hearing held on 9/1/2010 regarding motion for rule to show cause, #180 and continued to 10/12/2010 at 11:00 AM. Defendant Randall Goulding to supply information re. source of funds in Wilbur Morgan deals and evidence of investor approval of the Carried Interest or Mercury Interest Increase to SEC and Receiver by 9/13/2010. All other matters requested in the Rule to Show Cause motion are resolved. Status hearing reset to 10/12/2010 at 11:00 AM. Mailed notice (jdh)
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Filing 228
NOTICE of Motion by Andrew Charles Shoenthal for presentment of motion for judgment #227 before Honorable William J. Hibbler on 9/1/2010 at 09:30 AM. (Shoenthal, Andrew)
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Filing 227
MOTION by Plaintiff Securities And Exchange Commission for judgment as to Relief Defendant Sam Wayne (Consented) (Attachments: #1 Exhibit Proposed Judgment, #2 Exhibit Consent)(Shoenthal, Andrew)
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Filing 226
NOTICE of Motion by Martin Wojslaw Jaszczuk for presentment of motion to compel, #225 before Honorable William J. Hibbler on 9/1/2010 at 09:30 AM. (Jaszczuk, Martin)
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Filing 225
MOTION by Defendant Randall Goulding to compel the Receiver, Leslie Weiss, to Comply with Court Order of December 9, 2009 regarding Investor Communications (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)(Jaszczuk, Martin)
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Filing 229
MINUTE entry before Honorable William J. Hibbler: Status hearing held on 8/18/2010 and continued to 10/13/2010 at 9:30 AM. Defendant Randall Goulding's oral request to file a 5 page sur-reply is denied. Receiver's Nineth Interim Fee Application #216 is granted in the amount of $22,869.50 and costs of $1,489.50. Receiver's Tenth Interim Fee Application #217 is granted in the amount of $16,056.50 and costs of $474.43. The Court approves the Receiver's Fifth and Sixth Interim Report. Mailed notice (jdh)
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Filing 224
NOTICE by Daryl M. Schumacher of Change of Address (Schumacher, Daryl)
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Filing 223
NOTICE by Leslie Weiss re other #222 (Driscoll, Kevin)
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Filing 222
Receiver's Sixth Interim Report by Leslie Weiss (Attachments: #1 Exhibit A, #2 Exhibit B)(Driscoll, Kevin)
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Filing 221
NOTICE by Leslie Weiss re response in support of motion #220 (Driscoll, Kevin)
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Filing 220
RESPONSE by Leslie Weissin Support of MOTION by Receiver Leslie Weiss for rule to show cause against Randall Goulding #180 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Driscoll, Kevin)
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Filing 219
MINUTE entry before Honorable William J. Hibbler: Status hearing held on 7/27/2010 and continued to 8/18/2010 at 9:30 AM. Mailed notice (jdh)
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Filing 218
NOTICE of Motion by Kevin Charles Driscoll, Jr for presentment of motion for miscellaneous relief #216 , motion for miscellaneous relief #217 before Honorable William J. Hibbler on 8/18/2010 at 09:30 AM. (Driscoll, Kevin)
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Filing 217
MOTION by Receiver Leslie Weiss Receiver's Tenth Interim Fee Application (Driscoll, Kevin)
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Filing 216
MOTION by Receiver Leslie Weiss Receiver's Ninth Interim Fee Application (Driscoll, Kevin)
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Filing 215
ATTORNEY Appearance for Plaintiff Securities And Exchange Commission by James G. Lundy (Attachments: #1 Certificate of Service)(Lundy, James)
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Filing 214
NOTICE by Randall Goulding re response to motion #207 Exhibit Index (Attachments: #1 Exhibit General Exhibit 1, #2 Exhibit General Exhibit 2, #3 Exhibit A- A-Real American Brands, #4 Exhibit B - Wilbur Salamon Part 1, #5 Exhibit B - Wilbur Salamon Part 2, #6 Exhibit C - Sanswire Part 1, #7 Exhibit C - Sanswire Part 2, #8 Exhibit D - Carried Interest Increase to Investors, #9 Exhibit E - AccessKey-Hot Web, #10 Exhibit F - Legal Representation Issues, #11 Exhibit G - Physicians Healthcare, #12 Exhibit H - Dave Rivers Part 1, #13 Exhibit H - Dave Rivers Part 2, #14 Exhibit H - Dave Rivers Part 3, #15 Exhibit I - Artfield, #16 Exhibit J - Offering Documents-Partnership Agreements, #17 Exhibit K - Accounting Records)(Wolper, Alan)
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Filing 213
MINUTE entry before Honorable William J. Hibbler: Motion hearing held on 7/1/2010. Defendant Randall Goulding's Motion to remove exhibits (docket #208) for redacting #209 is granted. The Clerk is directed to remove and redact Docket #208 on the docket. Defendant, David Goulding's Motion to extend time and for leave to take depositions or present evidence at a hearing #205 is granted in part and denied in part as stated in open court. David Goulding granted leave to file pleading by 7/22/2010. Receiver and plaintiff to respond by 8/6/2010. Mailed notice by judge's staff. (srb,)
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Filing 212
RESPONSE by Securities And Exchange Commission to MOTION by Defendant David Goulding for extension of time and for leave to take depositions or present evidence at a hearing. #205 (Moye, Robert)
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Filing 211
DECLARATION by Defendant Randall Goulding in Opposition to MOTION by Receiver Leslie Weiss for rule to show cause against Randall Goulding #180 Amended AFFIDAVIT (Goulding, Randall) (Text edited by Clerk's Office to reflect correct title of document). Modified on 6/30/2010 (smm).
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Filing 210
NOTICE of Motion by Alan M Wolper for presentment of motion for miscellaneous relief #209 before Honorable William J. Hibbler on 7/1/2010 at 09:30 AM. (Wolper, Alan)
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Filing 209
MOTION by Defendant Randall Gouldingto Remove Exhibits #208 (Wolper, Alan)
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Filing 208
SEALED NOTICE by Randall Goulding re response to motion #207 Exhibit Index (Attachments: #1 Exhibit General Exhibit 1, #2 Exhibit General Exhibit 2, #3 Exhibit A-Real American Brands, #4 Exhibit Wilbur Salamon Part 1, #5 Exhibit Wilbur Salamon Part 2, #6 Exhibit Sanswire Part 1, #7 Exhibit Sanswire Part 2, #8 Exhibit Carried INterest Increase to Investors, #9 Exhibit AccessKey-Hot Web, #10 Exhibit Legal Representation Issues, #11 Exhibit Physicians Healthcare, #12 Exhibit Dave Rivers Part 1, #13 Exhibit Dave Rivers Part 2, #14 Exhibit Dave Rivers Part 3, #15 Exhibit Artfield, #16 Exhibit Offering Documents-Partnership Agreements, #17 Exhibit Accounting Records)(Wolper, Alan) Modified on 6/28/2010 (tc, ).
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Filing 207
RESPONSE by Randall Goulding to MOTION by Receiver Leslie Weiss for rule to show cause against Randall Goulding #180 (Attachments: #1 Declaration of Randall Goulding)(Wolper, Alan)
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Filing 206
NOTICE of Motion by Daryl M. Schumacher for presentment of extension of time #205 before Honorable William J. Hibbler on 7/1/2010 at 09:30 AM. (Schumacher, Daryl)
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Filing 205
MOTION by Defendant David Goulding for extension of time and for leave to take depositions or present evidence at a hearing. (Schumacher, Daryl)
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Filing 204
MINUTE entry before Honorable William J. Hibbler: The discovery schedule entered in the minute entry dated 6/16/2010 is amended as follows: Parties given to and including 11/19/2010 to amend all pleadings and to add any additional parties. Parties shall comply with FRCP(26)(a)(2) by 11/15/2010. Parties shall comply with rebuttal FRCP(26)(a)(2) by 12/13/2010. Discovery cut-off extended to 1/10/2010. Dispositive motions with supporting memoranda due by 2/14/2011.Mailed notice (jdh)
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Filing 202
ATTORNEY Appearance for Defendant Randall Goulding by Alan M Wolper (Wolper, Alan)
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Filing 203
MINUTE entry before Honorable William J. Hibbler: Motion hearing held on 6/16/2010 regarding motion #190 , motion #191 , motion for extension of time to complete discovery #200 . Receiver's Seventh Interim Fee Application #190 is granted in the amount of $20,535.00 and costs of $1,385.37. Receiver's Eight Interim Fee Application #191 is granted in the amount of $26,658.50 and costs of $689.31. Joint Motion to modify discovery plan and scheduling order #200 is granted. Parties given to and including 8/23/2010 to amend all pleadings and to add any additional parties. Parties shall comply with FRCP(26)(a)(2) by 8/18/2010. Parties shall comply with rebuttal FRCP(26)(a)(2) by 9/16/2010. Discovery cut-off extended to 10/12/2010. Dispositive motions with supporting memoranda due by 11/17/2010. Mailed notice (jdh)
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Filing 201
NOTICE of Motion by Robert MacDonald Moye for presentment of motion for extension of time to complete discovery #200 before Honorable William J. Hibbler on 6/17/2010 at 09:30 AM. (Moye, Robert)
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Filing 200
MOTION by Plaintiff Securities And Exchange Commission for extension of time to complete discovery (Moye, Robert)
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Filing 199
MINUTE entry before Honorable William J. Hibbler: Status hearing held. Defendant Randall Goulding's agreed motion to extend the briefing schedule on the receiver's motion for a rule to show cause is granted. The date for filing the response is extended to 6/25/2010. The date for filing the reply is extended to 7/2/2010. Status hearing set for 7/27/2010 at 9:30a.m.Mailed notice (slb, )
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Filing 198
NOTICE by Leslie Weiss re other #197 (Driscoll, Kevin)
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Filing 197
Receiver's Fifth Interim Report by Leslie Weiss (Driscoll, Kevin)
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Filing 196
NOTICE of Motion by Martin Wojslaw Jaszczuk for presentment of extension of time #195 before Honorable William J. Hibbler on 6/10/2010 at 09:30 AM. (Jaszczuk, Martin)
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Filing 195
MOTION by Defendant Randall Goulding for extension of time to Extend The Briefing Schedule on the Receiver's Motion for a Rule to Show Cause Agreed by All Parties (Jaszczuk, Martin)
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Filing 194
MINUTE entry before Honorable William J. Hibbler: Receiver's Agreed Motion to extend briefing schedule on motion for rule to show cause against Randall Goulding #180 #189 is granted. Response due by 6/7/2010. Replies due by 6/14/2010. Ruling by mail. Mailed notice (jdh)
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Filing 193
NOTICE of Motion by Kevin Charles Driscoll, Jr for presentment of motion for extension of time to file response/reply, motion for relief #189 before Honorable William J. Hibbler on 6/2/2010 at 09:30 AM. (Driscoll, Kevin)
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Filing 192
NOTICE of Motion by Kevin Charles Driscoll, Jr for presentment of motion for miscellaneous relief #190 , motion for miscellaneous relief #191 before Honorable William J. Hibbler on 6/16/2010 at 09:30 AM. (Driscoll, Kevin)
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Filing 191
MOTION by Receiver Leslie Weiss Receiver's Eighth Interim Fee Application (Driscoll, Kevin)
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Filing 190
MOTION by Receiver Leslie Weiss Receiver's Seventh Interim Fee Application (Driscoll, Kevin)
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Filing 189
MOTION by Receiver Leslie Weiss for extension of time to file response/reply as to motion for rule to show cause, #180 (Driscoll, Kevin)
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Filing 188
MINUTE entry before Honorable William J. Hibbler: Status hearing held on 4/28/2010 and continued to 6/10/2010 at 9:30 AM. Receiver's Motion for RULE to show cause #180 is taken under advisement. Any response due by 5/24/2010. Receiver's reply due by 6/1/2010. Mailed notice (jdh)
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Filing 187
ATTORNEY Appearance for Defendant Randall Goulding by Martin Wojslaw Jaszczuk (Jaszczuk, Martin)
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Filing 186
MINUTE entry before Honorable William J. Hibbler: Joint Motion to modify discovery pland and scheduling order #183 is granted. Parties given to and including 6/22/2010 to amend all pleadings and to add any additional parties. Parties shall comply with FRCP(26)(a)(2) by 6/18/2010. Parties shall comply with rebuttal FRCP(26)(a)(2) by 7/16/2010. Discovery ordered closed by 8/11/2010. Dispositive motions with supporting memoranda due by 9/17/2010. Mailed notice (jdh)
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Filing 185
TRANSCRIPT OF PROCEEDINGS held on 1/19/2010 before the Honorable William J. Hibbler. Court Reporter Contact Information: ALEXANDRA ROTH, (312) 408-5038, alexandra_roth@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 5/6/2010. Redacted Transcript Deadline set for 5/17/2010. Release of Transcript Restriction set for 7/14/2010. (Roth, Alexandra)
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Filing 184
NOTICE of Motion by Robert MacDonald Moye for presentment of motion for extension of time to complete discovery #183 before Honorable William J. Hibbler on 4/21/2010 at 09:30 AM. (Moye, Robert)
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Filing 183
MOTION by Plaintiff Securities And Exchange Commission for extension of time to complete discovery (Moye, Robert)
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Filing 181
NOTICE of Motion by Kevin Charles Driscoll, Jr for presentment of motion for rule to show cause, #180 before Honorable William J. Hibbler on 4/28/2010 at 09:30 AM. (Driscoll, Kevin)
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Filing 180
MOTION by Receiver Leslie Weiss for rule to show cause against Randall Goulding (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I)(Driscoll, Kevin)
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Filing 182
MINUTE entry before Honorable William J. Hibbler: Motion hearing held on 4/8/2010 regarding motion to quash #87 , motion to quash #89 , motion to quash #81 , motion for miscellaneous relief #175 , motion to quash #88 , motion for miscellaneous relief #177 . Receiver's Fifth Interim Fee Application #175 is granted in the amount of $16.574.50 and costs of $25.38. Receiver's Sixth Interim Fee Application #177 is granted in the amount of $20,647.50 and costs of $56.37. Defendants Motions to quash #81 , #87 , #88 and #89 are denied in that the Court finds the subpoenaed records are relevant and material. Mailed notice (jdh)
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Filing 179
Receiver's Fourth Report by Leslie Weiss (Driscoll, Kevin)
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Filing 178
NOTICE of Motion by Kevin Charles Driscoll, Jr for presentment of motion for miscellaneous relief #177 before Honorable William J. Hibbler on 4/8/2010 at 09:30 AM. (Driscoll, Kevin)
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Filing 177
MOTION by Receiver Leslie Weiss Receiver's 6th Fee Application (Driscoll, Kevin)
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Filing 176
NOTICE of Motion by Kevin Charles Driscoll, Jr for presentment of motion for miscellaneous relief #175 before Honorable William J. Hibbler on 4/8/2010 at 09:30 AM. (Driscoll, Kevin)
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Filing 175
MOTION by Receiver Leslie Weiss Receiver's 5th Fee Application (Driscoll, Kevin)
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Filing 174
MINUTE entry before Honorable William J. Hibbler: Defendant Randall Goulding's Motion/Exceptions to the Receiver's Third Interim Report #173 is stricken. The Court will consider defendant Randall Goulding's filing as a collection of concerns that defendant should address to the Receiver. This is not a motion that the Court has any inclination to consider. The Court recommends that Randall Goulding and the Receiver continue to resolve his concerns. Mailed notice (jdh)
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Filing 173
MOTION by Defendant Randall Goulding for disclosure (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Goulding, Randall)
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Filing 172
MINUTE entry before Honorable William J. Hibbler: Status hearing held on 2/24/2010 and continued to 4/28/2010 at 9:30 AM. Receiver's Unopposed Motion to employ McClendon, Morrison & Partners, LLC #165 is granted. Receiver's Unopposed Motion to employ accountant Alan D. Lasko & Associates, P.C. #167 is granted. Receiver's Third Interim Fee Application #169 is granted in the amount of $25,741.00 and $423.50 costs. Receiver's Fourth Interim Fee Application #170 is granted in the amount of $19,135.50 and $775.95 costs. Mailed notice (jdh)
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Filing 171
NOTICE of Motion by Kevin Charles Driscoll, Jr for presentment of motion for miscellaneous relief #170 , motion for miscellaneous relief #169 before Honorable William J. Hibbler on 2/24/2010 at 09:30 AM. (Driscoll, Kevin)
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Filing 170
MOTION by Receiver Leslie Weiss4th Fee Application (Attachments: #1 Exhibit Exhibit A - Invoices, #2 Bank Statements)(Driscoll, Kevin)
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Filing 169
MOTION by Receiver Leslie WeissReceiver's 3d Fee Application (Attachments: #1 Exhibit Exhibit A - Invoices, #2 Bank Statements)(Driscoll, Kevin)
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Filing 168
NOTICE of Motion by Kevin Charles Driscoll, Jr for presentment of motion to appoint expert #167 before Honorable William J. Hibbler on 2/24/2010 at 09:30 AM. (Driscoll, Kevin)
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Filing 167
MOTION by Receiver Leslie Weiss to appoint expert (Attachments: #1 Exhibit Affidavit of Accountant)(Driscoll, Kevin)
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Filing 166
NOTICE of Motion by Kevin Charles Driscoll, Jr for presentment of motion for miscellaneous relief #165 before Honorable William J. Hibbler on 2/24/2010 at 09:30 AM. (Driscoll, Kevin)
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Filing 165
MOTION by Receiver Leslie WeissMotion to Employ McClendon, Morrison & Partners, LLC (Driscoll, Kevin)
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Filing 164
Receiver's Third Interim Report by Leslie Weiss (Driscoll, Kevin)
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Filing 162
Crowe Horwath Estimate of Expenses (in accordance with Court's December 9, 2009 Order (Docket 126)) by Leslie Weiss (Driscoll, Kevin)
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Filing 163
MINUTE entry before Honorable William J. Hibbler: Ruling on Motion hearing held on 1/19/2010 regarding motion for rule to show cause, #129 . Plaintiff's Motion for RULE to show cause as to Randall Goulding #129 is granted for the reasons stated in open court. The Court admonishes defendant re. any further improper actions in this action. Status hearing reset to 2/24/2010 at 9:30 AM. Mailed notice (jdh)
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Filing 160
TRANSCRIPT OF PROCEEDINGS held on 11/4/2009 before the Honorable William J. Hibbler. Court Reporter Contact Information: ALEXANDRA ROTH, (312) 408-5038, alexandra_roth@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 2/9/2010. Redacted Transcript Deadline set for 2/19/2010. Release of Transcript Restriction set for 4/19/2010. (Roth, Alexandra)
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Filing 159
TRANSCRIPT OF PROCEEDINGS held on 12/9/2009 before the Honorable William J. Hibbler. Court Reporter Contact Information: ALEXANDRA ROTH, (312) 408-5038, alexandra_roth@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 2/9/2010. Redacted Transcript Deadline set for 2/19/2010. Release of Transcript Restriction set for 4/19/2010. (Roth, Alexandra)
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Filing 161
MINUTE entry before Honorable William J. Hibbler: Motion hearing held on 1/13/2010 regarding motion for extension of time to complete discovery #156 . Joint Motion to modify discovery plan and scheduling order #156 is granted. Parties given to and including 4/22/2010 to amend all pleadings and to add any additional parties. Parties shall comply with FRCP(26)(a)(2) by 4/19/2010. Parties shall comply with rebuttal FRCP (26)(a)(2) by 5/17/2010. Discovery ordered closed by 6/11/2010. Dispositive motions with supporting memoranda due by 7/16/2010. Defendant Goulding's Motion for extension of time to complete discovery #140 is moot. Mailed notice (jdh)
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Filing 157
NOTICE of Motion by Robert MacDonald Moye for presentment of motion for extension of time to complete discovery #156 before Honorable William J. Hibbler on 1/13/2010 at 09:30 AM. (Moye, Robert)
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Filing 156
MOTION by Plaintiff Securities And Exchange Commission for extension of time to complete discovery (Moye, Robert)
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Filing 155
NOTICE of Correction regarding Document #154 . (tlm)
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Filing 154
DOCUMENT entered in error. (tlm) (Modified on 1/8/2010 (tlm).
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Filing 153
ORDER Granting Receiver's Second Interim Fee Application #152 signed by the Honorable William J. Hibbler on 1/7/2010. Mailed notice (tlm)
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Filing 152
MINUTE entry before Honorable William J. Hibbler: Enter Order Granting Reciever's Second Interim Fee Application. Mailed notice (tlm)
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Filing 158
MINUTE entry before Honorable William J. Hibbler: Motion to withdraw of Steven B. Nagler of Steven B. Nagler, Ltd. And for substitution of James L. Kopecky and Daryl M. Schumacher of the firm of Kopecky, Schumacher & Bleakley, P.C. is granted. Mailed notice (vcf, )
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Filing 151
REPLY by Plaintiff Securities And Exchange Commission to motion for rule to show cause, #129 Against Defendant Randall Goulding (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Shoenthal, Andrew)
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Filing 150
MOTION by counsel for Defendants David Goulding, INC, David Samuel, LLC, David Goulding to withdraw as attorney Notice of Motion (Nagler, Steven)
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Filing 149
MOTION by counsel for Defendants David Goulding, INC, David Samuel, LLC, David Goulding to withdraw as attorney & Substitution (Nagler, Steven)
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Filing 148
NOTICE by David Goulding, INC, David Samuel, LLC, David Goulding re attorney appearance #147 (Schumacher, Daryl)
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Filing 147
ATTORNEY Appearance for Defendants David Goulding, INC, David Samuel, LLC, David Goulding by Daryl M. Schumacher (Schumacher, Daryl)
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Filing 146
ATTORNEY Appearance for Defendant David Samuel, LLC by James L. Kopecky (Kopecky, James)
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Filing 145
ATTORNEY Appearance for Defendant David Goulding, INC by James L. Kopecky (Kopecky, James)
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Filing 144
NOTICE by David Goulding re attorney appearance #143 (Kopecky, James)
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Filing 143
ATTORNEY Appearance for Defendant David Goulding by James L. Kopecky (Kopecky, James)
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Filing 141
NOTICE of Motion by Randall S. Goulding for presentment of motion for miscellaneous relief, motion for extension of time to complete discovery #140 before Honorable William J. Hibbler on 1/6/2010 at 09:30 AM. (Goulding, Randall)
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Filing 140
MOTION by Defendant Randall Goulding, MOTION by Defendant Randall Goulding for extension of time to complete discovery (Attachments: #1 Affidavit)(Goulding, Randall)
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Filing 142
MINUTE entry before Honorable William J. Hibbler: Motion hearing held on 12/17/2009 regarding motion for attorney fees #135 , motion to compel #131 , motion to compel #133 , motion for rule to show cause, #129 . Receiver's Second interim fee application #135 is granted in the amount of $36,685.50 and costs $11.32. Defendant Randall Goulding's Motion to compel Receiver #133 is withdrawn without prejudice. Defendant Randall Goulding's Motion to compel SEC #131 is denied for the reasons stated in open court. SEC's Motion for RULE to show cause against defendant Randall Goulding #129 is taken under advisement. Responses due by 1/5/2010. Ruling before Honorable William J. Hibbler on 1/19/2010 at 10:00 AM. Mailed notice (jdh)
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Filing 139
ORDER granting receiver's motion to sell Acura automobile Signed by the Honorable William J. Hibbler on 12/16/2009.Mailed notice(vcf, )
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Filing 138
MINUTE entry before Honorable William J. Hibbler: Motion hearing held. Receiver's motion to sell Acura automobile is granted as stated in open court. Enter Order granting Receiver's motion to sell Acura automobile. Enter Order granting Receiver's motion to sell Acura automobile.Mailed notice (vcf, )
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Filing 137
RESPONSE by Randall Gouldingin Opposition to MOTION by Plaintiff Securities And Exchange Commission for rule to show cause against Randall Goulding #129 (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Goulding, Randall)
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Filing 136
NOTICE of Motion by Deborah L. Thorne for presentment of motion for attorney fees #135 before Honorable William J. Hibbler on 12/17/2009 at 09:30 AM. (Thorne, Deborah)
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Filing 135
MOTION by Receiver Leslie Weiss for attorney fees , Receiver's Second Interim Fee Application, (Attachments: #1 Exhibit A Invoices, #2 Exhibit B expenses)(Thorne, Deborah)
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Filing 134
NOTICE of Motion by Randall S. Goulding for presentment of motion to compel #133 before Honorable William J. Hibbler on 12/17/2009 at 09:30 AM. (Goulding, Randall)
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Filing 133
MOTION by Defendant Randall Goulding to compel Receiver (Attachments: #1 Exhibit, #2 Exhibit, #3 Affidavit)(Goulding, Randall)
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Filing 132
NOTICE of Motion by Randall S. Goulding for presentment of motion to compel #131 before Honorable William J. Hibbler on 12/17/2009 at 09:30 AM. (Goulding, Randall)
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Filing 131
MOTION by Defendant Randall Goulding to compel SEC (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Affidavit)(Goulding, Randall)
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Filing 130
NOTICE of Motion by Robert MacDonald Moye for presentment of motion for rule to show cause, #129 before Honorable William J. Hibbler on 12/17/2009 at 09:30 AM. (Moye, Robert)
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Filing 129
MOTION by Plaintiff Securities And Exchange Commission for rule to show cause against Randall Goulding (Attachments: #1 Exhibit A, INverso shareholders, #2 Exhibit B., Driscoll email, #3 Exhibit C, Form 8k, #4 Exhibit D, Form 8k, #5 Exhibit E, Form 8k, #6 Exhibit F, Goulding email, #7 Exhibit G, Lebrecht letter, #8 Exhibit H, Shoenthal letter, #9 Exhibit I, form 10k, #10 Exhibit J, Goulding letter)(Moye, Robert)
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Filing 128
NOTICE of Motion by Kevin Charles Driscoll, Jr for presentment of motion for miscellaneous relief #127 before Honorable William J. Hibbler on 12/16/2009 at 09:30 AM. (Driscoll, Kevin)
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Filing 127
MOTION by Receiver Leslie Weiss to Sell Acura Automobile (Driscoll, Kevin)
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Filing 126
MINUTE entry before the Honorable William J. Hibbler: Motion hearing held on 12/9/2009 regarding motion for miscellaneous relief #118 , motion to quash #111 , motion for miscellaneous relief #116 , motion for miscellaneous relief #114 , motion for miscellaneous relief #117 , motion for miscellaneous relief #115 . Receiver's Motion to employ and retain litigation counsel on contingency basis #114 is granted without objection. Receiver's Motion to pay invoice of Elijah Technologies, Ltd. in the amount of $14,220.80 #115 is granted over defendants' objection. Receiver's Motion to pay invoices of Accountant Crowe Horwath LLP in the amount of $126,857.72 #116 is granted. Crowe Horwath is to prepare updated estimate as to additional time and expense needed to complete their responsibilities by 2/1/2010. Receiver's First fee application in the amount of $82,140.50 and $383.70 costs #117 is granted. Receiver's Motion for a rule to show cause against Randall Goulding and to require Randall Goulding to issue a retraction of a November 21, 2009 email, refrain from further communications with investors #118 is denied, but any future communications with investors to be submitted to Receiver to be made a part of her communication with investors. The motion to surrender possession of an Acura automobile #118 is granted. Defendant Randall Goulding shall surrender the 2006 Acura by 6:00 p.m. on 12/10/2009 unless the Receiver and Goulding agree to some alternate arrangement. Defendant Randall Goulding's Motion to quash #111 is denied. This information may be subject to an agreed protective order if the parties present the same. Status hearing set for 1/27/2010 at 10:00 AM. Mailed notice (jdh)
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Filing 125
ATTORNEY Appearance for Receiver Leslie Weiss by Kevin Charles Driscoll, Jr (Driscoll, Kevin)
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Filing 124
MINUTE entry before the Honorable William J. Hibbler: Motion hearing held on 12/8/2009 regarding motion for miscellaneous relief #118 , motion for miscellaneous relief #116 , motion for miscellaneous relief #114 , motion for miscellaneous relief #117 motion to quash #111 and continued to 12/9/2009 at 2:00 PM. Mailed notice (jdh)
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Filing 123
ATTORNEY Appearance for Receiver Leslie Weiss by Deborah L. Thorne (Thorne, Deborah)
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Filing 122
ATTORNEY Appearance for Receiver Leslie Weiss by Deborah L. Thorne (Thorne, Deborah)
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Filing 120
Receiver's Second Interim Report by Leslie Weiss (Driscoll, Kevin)
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Filing 119
NOTICE of Motion by Deborah L. Thorne for presentment of motion for miscellaneous relief #116 , motion for miscellaneous relief #115 , motion for miscellaneous relief #114 , motion for miscellaneous relief #118 , motion for miscellaneous relief #117 before Honorable William J. Hibbler on 12/8/2009 at 09:30 AM. (Thorne, Deborah)
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Filing 118
MOTION by Receiver Leslie Weissfor Rule to Show Cause to Issue against Randall Goulding (Attachments: #1 Exhibit A-F2)(Thorne, Deborah)
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Filing 117
MOTION by Receiver Leslie Weissfor Approval of Receiver's First Fee Application (Attachments: #1 Exhibit A-B5)(Thorne, Deborah)
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Filing 116
MOTION by Receiver Leslie Weissto Pay Invoices of Crowe Horwath (Attachments: #1 Exhibit A-B3)(Thorne, Deborah)
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Filing 115
MOTION by Receiver Leslie Weissto Pay Invoices of Elijah Technologies (Attachments: #1 Exhibit A)(Thorne, Deborah)
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Filing 114
MOTION by Receiver Leslie Weissto Hire Counsel on Contingency Basis (Attachments: #1 Exhibit A)(Thorne, Deborah)
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Filing 121
MINUTE entry before the Honorable William J. Hibbler: Status hearing held on 12/2/2009. Motion hearing held on 12/2/2009 regarding motion to compel #102 , motion to compel, #109 , motion to compel #107 . Defendant Goulding's Motion to compel compliance with the Internal Revenue Code #102 is denied. Defendant Randall Goulding to comply with the IRS Code for 2008. Defendant R. Goulding's Motion to compel compliance with first request for production of documents #107 is denied without prejudice. Defendant R. Goulding's Motion to compel the Receiver to comply with the Investors' privacy rights #109 is denied for the reasons stated in open court. Mailed notice (jdh)
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Filing 113
NOTICE of Motion by Randall S. Goulding for presentment of motion to quash #111 before Honorable William J. Hibbler on 12/9/2009 at 09:30 AM. (Goulding, Randall)
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Filing 112
NOTICE by Eric Irrgang, RYAN D GOULDING, Randall Goulding, David Goulding re MOTION to quash #111 (Goulding, Randall)
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Filing 111
MOTION to quash (Attachments: #1 Affidavit, #2 Affidavit, #3 Affidavit, #4 Affidavit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Goulding, Randall)
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Filing 110
NOTICE of Motion by Randall S. Goulding for presentment of motion to compel, #109 before Honorable William J. Hibbler on 12/2/2009 at 09:30 AM. (Goulding, Randall)
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Filing 109
MOTION by Defendant Randall Goulding to compel the Receiver to comply with the privacy rights of investors (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Affidavit)(Goulding, Randall)
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Filing 108
NOTICE of Motion by Randall S. Goulding for presentment of motion to compel #107 before Honorable William J. Hibbler on 12/2/2009 at 09:30 AM. (Goulding, Randall)
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Filing 107
MOTION by Defendant Randall Goulding to compel (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Declaration)(Goulding, Randall)
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Filing 106
NOTICE of Correction regarding #103 , #104 .(tc, )
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Filing 105
NOTICE of Motion by Randall S. Goulding for presentment of motion to compel #102 before Honorable William J. Hibbler on 12/2/2009 at 09:30 AM. (Goulding, Randall)
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Filing 104
DECLARATION of Defendant Randall Goulding.(Goulding, Randall) Modified on 11/18/2009 (tc, ).
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Filing 103
NOTICE of Motion by Defendant Randall Goulding to compel (Attachments: #1 Notice of Filing)(Goulding, Randall) Modified on 11/18/2009 (tc, ).
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Filing 102
MOTION by Defendant Randall Goulding to compel (Goulding, Randall)
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Filing 101
MINUTE entry before the Honorable William J. Hibbler: Status hearing held and continued to 12/2/2009 at 09:30 AM. Defense counsel failed to appear at the status hearing. Defense counsel is directed to appear at the 12/2/09 status hearing. Mailed notice (mmm, )
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Filing 100
NOTICE by The Nutmeg Group, LLC of Service of (Attachments: #1 Exhibit Subpoena on Hal Hammond)(Jacobi, Paula)
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Filing 99
NOTICE by The Nutmeg Group, LLC of Service of (Attachments: #1 Exhibit Subpoena on Hammond Financial Group LLC)(Jacobi, Paula)
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Filing 98
NOTICE by The Nutmeg Group, LLC of Service of (Attachments: #1 Exhibit Subpoena on Lynn Hammond)(Jacobi, Paula)
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Filing 97
NOTICE by The Nutmeg Group, LLC of Service of (Attachments: #1 Exhibit Subpoena on Harvey Altholtz)(Jacobi, Paula)
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Filing 96
NOTICE by The Nutmeg Group, LLC of Service of (Attachments: #1 Exhibit Subpoena to Wealth Strategy Partners L.C.)(Jacobi, Paula)
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Filing 94
REPLY by Eric Irrgang, Brandon Goulding, Randall Goulding, David Goulding, David Goulding, INC to MOTION by Defendant David Goulding to quash subpoena #87 , MOTION to quash subpoena #89 , MOTION by Defendant Randall Goulding to quash #81 , response in opposition to motion,, #92 , MOTION by Defendant Eric Irrgang to quash subpoena #88 (Attachments: #1 Affidavit, #2 Affidavit, #3 Affidavit, #4 Exhibit)(Goulding, Randall)
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Filing 95
MINUTE entry before the Honorable William J. Hibbler: Motion hearing held on 11/4/2009 regarding motion to quash #87 , motion to quash #89 , motion to quash #81 , motion to quash #88 . Defendant R. Goulding's Motion to clarify #85 is stricken without prejudice as stated in open court. Motions to quash #81 , #87 , #88 and and the SEC's response are taken under advisement. Defendants replies due by 11/10/2009. Ruling by mail. Mailed notice (jdh)
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Filing 93
DECLARATION of Andrew Shoenthal regarding response in opposition to motion,, #92 to quash subpoenas (Moye, Robert)
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Filing 92
RESPONSE by Securities And Exchange Commissionin Opposition to MOTION by Defendant Randall Goulding to quash #81 , MOTION by Defendant David Goulding to quash subpoena #87 , MOTION to quash subpoena #89 , MOTION by Defendant Eric Irrgang to quash subpoena #88 (Attachments: #1 Exhibit 1, Subpoenas, #2 Exhibit 2, Subpoenas, #3 Exhibit 3, Notice, #4 Exhibit 4, Sworn Accounting, #5 Exhibit 5, Tax Information, #6 Exhibit 6, Tax Information, #7 Exhibit 7, Email, #8 Exhibit 8, Affidavits, #9 Exhibit 9, Affidavit, #10 Exhibit 10, Affidavit, #11 Exhibit 11, Document requests, #12 Exhibit 12, Answers, #13 Exhibit 13, Subpoena)(Moye, Robert)
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Filing 91
AFFIDAVIT of Randall S. Goulding regarding motion to quash #81 (Goulding, Randall)
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Filing 90
NOTICE of Motion by Steven B. Nagler for presentment of motion to quash #89 , motion to quash #87 , motion to quash #88 before Honorable William J. Hibbler on 11/4/2009 at 09:30 AM. (Nagler, Steven)
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Filing 89
MOTION to quash subpoena (Nagler, Steven)
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Filing 88
MOTION by Defendant Eric Irrgang to quash subpoena (Nagler, Steven)
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Filing 87
MOTION by Defendant David Goulding to quash subpoena (Nagler, Steven)
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Filing 86
NOTICE of Motion by Randall S. Goulding for presentment of motion to clarify #85 before Honorable William J. Hibbler on 11/4/2009 at 09:30 AM. (Goulding, Randall)
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Filing 85
MOTION by Defendant Randall Goulding to clarify , FOR GUIDANCE, OR TO COMPEL COMPLIANCE WITH THE INTERNAL REVENUE CODE (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Goulding, Randall)
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Filing 84
NOTICE by Randall S. Goulding of Change of Address (Goulding, Randall)
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Filing 83
Duplicate entry. (Goulding, Randall) Modified on 10/28/2009 (vcf, ).
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Filing 82
NOTICE of Motion by Randall S. Goulding for presentment of motion to quash #81 before Honorable William J. Hibbler on 11/4/2009 at 09:30 AM. (Goulding, Randall)
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Filing 81
MOTION by Defendant Randall Goulding to quash (Goulding, Randall)
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Filing 79
Order Authorizing Temporary Receiver to Enter into Settlement Agreement with H3 Enterprises and Jack Freedman by Leslie Weiss re #77, (Thorne, Deborah)
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Filing 80
MINUTE entry before the Honorable William J. Hibbler: Motion hearing held on 10/15/2009 regarding motion for settlement, #77 . Temporary Receiver's Motion for authority to enter into settlement agreement with H3 Enterprises and Jack Freedman #77 is granted. Mailed notice (jdh)
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Filing 78
NOTICE of Motion by Deborah L. Thorne for presentment of motion for settlement, #77 before Honorable William J. Hibbler on 10/15/2009 at 09:30 AM. (Thorne, Deborah)
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Filing 77
MOTION by Receiver Leslie Weiss for settlement for authority to enter into settlement agreement with H3 Enterprises and Jack Freedman (Attachments: #1 Exhibit A, First Amended Complaint, #2 Exhibit B, Settlement Agreement and Release)(Thorne, Deborah)
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Filing 76
NOTICE by Leslie Weiss re other #75 of filing (Thorne, Deborah)
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Filing 75
Receiver's First Interim Report by Leslie Weiss (Attachments: #1 Exhibit A - L,, #2 Exhibit Group M,, #3 Exhibit N,)(Thorne, Deborah)
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Filing 74
MINUTE entry before the Honorable William J. Hibbler: Status hearing held on 9/16/2009 and continued to 11/17/2009 at 9:30 AM. The Court adopts the joint proposed discovery schedule. Parties to comply with FRCP 26(a)(1) by 10/7/2009. Parties given to and including 1/22/10 to amend all pleadings and to add any additional parties. Parties shall comply with FRCP(26)(a)(2) by 1/19/2010. Parties shall comply with rebuttal FRCP(26)(a)(2) by 2/16/2010. Discovery ordered closed by 3/10/2010. Dispositive motions with supporting memoranda due by 4/16/2010. Mailed notice (jdh)
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Filing 73
TRANSCRIPT OF PROCEEDINGS held on 07/21/2009 before the Honorable William J. Hibbler. Court Reporter Contact Information: Rosemary Scarpelli, (312)435-5815, Rosemary_Scarpelli@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 10/7/2009. Redacted Transcript Deadline set for 10/19/2009. Release of Transcript Restriction set for 12/15/2009. (Scarpelli, Rosemary)
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Filing 72
REPORT of Rule 26(f) Planning Meeting (Shoenthal, Andrew)
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Filing 71
NOTICE by Leslie Weiss of Filing (Thorne, Deborah)
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Filing 70
Temporary Receiver's First Inventory Report by Leslie Weiss (Thorne, Deborah)
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Filing 69
ATTORNEY Appearance for Receiver Leslie Weiss by Deborah L. Thorne (Thorne, Deborah)
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Filing 68
ENTER PRELIMINARY INJUNCTION ORDER AGAINST DEFENDANTS AND RELIEF DEFENDANTS Signed by the Honorable William J. Hibbler on 8/11/2009:Mailed notice(tlp,)
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Filing 67
MINUTE entry before the Honorable William J. Hibbler:Status hearing held on 8/11/2009. Status hearing set for 9/16/2009 at 9:30 AM.Discovery scheduled to be submitted to the court by 9/10/2009.Mailed notice (tlp,)
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Filing 66
ORDER Signed by the Honorable William J. Hibbler on 8/6/2009.Mailed notice(vcf, )
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Filing 65
MINUTE entry before the Honorable William J. Hibbler: Enter Order Appointing Leslie J. Weiss Receiver over The Nutmeg Group, LLC.Mailed notice (vcf, )
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Filing 64
PRO SE Appearance by Defendant Randall Goulding. (ber, )
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Filing 63
MINUTE entry before the Honorable William J. Hibbler: Motion hearing held on 7/21/2009 regarding motion to appoint receiver, #48 . Plaintiff's Motion to appoint receiver #48 is granted as stated in open court. The Court appoints Leslie J. Weiss as Receiver. Parties to submit proposed order consistent with the Court's ruling. In Court and preliminary injunction hearing held and continued to 8/11/2009 at 9:30 AM. By agreement of the parties the TRO is extended to 8/11/2009. Mailed notice (jdh)
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Filing 62
MINUTE entry before the Honorable William J. Hibbler: In court hearing held on 7/8/2009. By agreement of the parties, the Temporary Restraining Order is continued to 7/21/2009. Preliminary injunction hearing is set for 7/21/2009 at 2:30 P.M. Mailed notice by judge's staff. (srb,)
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Filing 61
MINUTE entry before the Honorable William J. Hibbler: In court hearing held on 6/29/2009 and continued to 7/8/2009 at 9:30 AM. Preliminary Injunction hearing continued to 7/8/2009 at 9:30 AM. By agreement of the parties, the TRO is extended to 7/8/2009. Mailed notice (jdh)
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Filing 60
REPLY by Plaintiff Securities And Exchange Commission to motion to appoint receiver, #48 over The Nutmeg Group, LLC (Attachments: #1 Exhibit 1 - Proposed Order, #2 Exhibit 2)(Shoenthal, Andrew)
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Filing 59
NOTICE by The Nutmeg Group, LLC re response in opposition to motion #58 (Harbecke, Fredrick)
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Filing 58
RESPONSE by The Nutmeg Group, LLCin Opposition to MOTION by Plaintiff Securities And Exchange Commission to appoint receiver over The Nutmeg Group, LLC #48 (Harbecke, Fredrick)
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Filing 57
NOTICE by Phlly Financial, LLC, Eric Irrgang re answer to complaint #56 (Harbecke, Fredrick)
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Filing 56
ANSWER to Complaint by Phlly Financial, LLC, Eric Irrgang(Harbecke, Fredrick)
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Filing 55
NOTICE by Financial Alchemy, LLC, David Goulding, David Goulding, INC, David Samuel, LLC re answer to complaint #54 (Harbecke, Fredrick)
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Filing 54
ANSWER to Complaint by Financial Alchemy, LLC, David Goulding, David Goulding, INC, David Samuel, LLC(Harbecke, Fredrick)
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Filing 53
MINUTE entry before the Honorable William J. Hibbler: Motion hearing held on 6/15/2009 regarding motion for leave to file #46 , motion to appoint receiver #48 , motion for leave to file #44 . Defendants The Nutmeg Group and Randall Goulding's Motion for leave to apply expense reimbursement to open invoices #44 is granted. Defendants The Nutmeg Group and Randall Goulding's Motion for leave to file answer out of time and instanter #46 is granted. The remaining defendants to answer by 6/18/2009. Plaintiff's Motion to appoint receiver over The Nutmeg Group, LLC #48 is taken under advisement. Defendants to respond by 6/18/2009. Plaintiff to reply by 6/23/2009. Ruling by mail. In Court hearing held and continued to 6/29/2009 at 9:30 AM. Preliminary Injunction hearing continued to 6/29/2009 at 9:30 AM. MOTION for Leave to Appear Pro Hac Vice of Karla Pascarella #42 is granted. By agreement of the parties, the TRO is extended to 6/29/2009. Mailed notice (jdh)
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Filing 52
ATTORNEY Appearance for proposed Receiver, Leslie Weiss (Jacobi, Paula)
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Filing 51
NOTICE by Randall Goulding re answer to complaint #50 (Harbecke, Fredrick)
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Filing 50
ANSWER to Complaint by Randall Goulding(Harbecke, Fredrick)
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Filing 49
Plaintiff's NOTICE of Motion by Andrew Charles Shoenthal for presentment of motion to appoint receiver, #48 before Honorable William J. Hibbler on 6/15/2009 at 9:30 AM. (Shoenthal, Andrew)
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Filing 48
MOTION by Plaintiff Securities And Exchange Commission to appoint receiver over The Nutmeg Group, LLC (Attachments: #1 Exhibit 1 - Proposed Order, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Shoenthal, Andrew)
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Filing 47
NOTICE of Motion by Fredrick Rahn Harbecke for presentment of motion for leave to file #46 before Honorable William J. Hibbler on 6/15/2009 at 09:30 AM. (Harbecke, Fredrick)
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Filing 46
MOTION by Defendant The Nutmeg Group, LLC for leave to file answer Out of Time and Instanter (Attachments: #1 Exhibit)(Harbecke, Fredrick)
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Filing 45
NOTICE of Motion by Fredrick Rahn Harbecke for presentment of motion for leave to file #44 before Honorable William J. Hibbler on 6/15/2009 at 09:30 AM. (Harbecke, Fredrick)
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Filing 44
MOTION by Defendant The Nutmeg Group, LLC for leave to file Expense Reimbursements to Open Invoices (Harbecke, Fredrick)
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Filing 43
ANSWER to Complaint by Samuel Wayne(Pascarella, Karla)
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Filing 42
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 07520000000003792729. (Pascarella, Karla)
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Filing 41
MINUTE entry before the Honorable William J. Hibbler: Motion hearing held on 5/21/2009 regarding motion for preliminary injunction, #17 . In Court hearing continued to 6/15/2009 at 9:30 AM. Preliminary Injunction hearing continued to 6/15/2009 at 9:30 AM. The Court authorizes the distribution of $15,000.00 to Crowe Horwath LLP and $7,500 to defendants for ordinary expenses from the Mercury funds. The date for defendants to answer is extended to 5/27/2009. By agreement of the parties, the TRO is extended to 6/15/2009. Mailed notice (jdh)
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Filing 40
MINUTE entry before the Honorable William J. Hibbler: Motion hearing held on 5/7/2009 regarding motion for preliminary injunction, #17 . Parties have dispute re: defendant signing Letter of Engagement with Crowe. The Court orders Mr. Goulding to execute Engagement Letter on behalf of Nutmeg. The TRO is extended by agreement to 5/21/2009. All defendants to answer by 5/21/2009. In Court hearing and Preliminary Injunction hearing continued to 5/21/2009 at 11:00 AM. Mailed notice (jdh)
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Filing 39
NOTICE by all plaintiffs of Filing of Accountant Engagement Letter (Attachments: #1 Exhibit A - Engagement Letter)(Shoenthal, Andrew)
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Filing 38
MINUTE entry before the Honorable William J. Hibbler: Motion hearing held. After full discussion, the Court designates Crowe Horwath LLP to provide valuation and accountant service. Plaintiff's motion to appoint accountant is granted. The costs are capped at $150,000. Parties to work the Crowe to arrange initial and subsequent payments. The SEC and defendants to present a joint order re: funds impacted by PO. The TRO is extended by agreement to 5/7/09 at 11:00 a.m. Defendants' David Goulding, David Goulding, Inc. and David Samuel, LLC motion to substitute attorney Steven B. Nagler for Fred R. Harbecke is granted. Preliminary injunction hearing reset to 5/7/09 at 11:00 a.m. Mailed notice (vcf, )
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Filing 37
NOTICE by The Nutmeg Group, LLC (Harbecke, Fredrick)
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Filing 36
RESPONSE by The Nutmeg Group, LLCin Opposition to MOTION by Plaintiff Securities And Exchange Commission for order to Appoint Accountant #30 (Attachments: #1 Affidavit, #2 Exhibit A-C, #3 Exhibit D)(Harbecke, Fredrick)
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Filing 35
NOTICE of Motion by Fredrick Rahn Harbecke for presentment of motion to substitute attorney #34 before Honorable William J. Hibbler on 4/28/2009 at 01:00 PM. (Harbecke, Fredrick)
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Filing 34
MOTION by Defendants Samuel Wayne, David Goulding to substitute attorney Steven B. Nagler (Harbecke, Fredrick)
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Filing 31
Plaintiff's NOTICE of Motion by Andrew Charles Shoenthal for presentment of motion for order #30 before Honorable William J. Hibbler on 4/28/2009 at 01:00 PM. (Shoenthal, Andrew)
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Filing 30
MOTION by Plaintiff Securities And Exchange Commission for order to Appoint Accountant (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Shoenthal, Andrew)
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Filing 33
ORDER Approving Transaction Signed by the Honorable William J. Hibbler on 4/20/2009.(vcf, )
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Filing 32
MINUTE entry before the Honorable William J. Hibbler: Enter Order Approving Transaction.Mailed notice (vcf, )
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Filing 29
MINUTE entry before the Honorable William J. Hibbler: Motion hearing held on 4/13/2009 regarding motion for hearing #25 . Defendants' Motion for rehearing of motion to approve transaction with Integrated Freight #25 is granted with the condition that any benefits derived from the transaction be maintained in a separately designated account and not be distributed until an audit is completed to determine the rightful recepients of any distributions. By agreement of the parties, the TRO is extended to 4/28/09 at 1:00 p.m. The parties are to submit an agreed proposed order as stated in open court. Preliminary Injunction hearing reset to 4/28/2009 at 1:00 PM. Mailed notice (jdh)
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Filing 28
NOTICE by The Nutmeg Group, LLC re affidavit #27 (Harbecke, Fredrick)
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Filing 27
DECLARATION of John Antenucci (Harbecke, Fredrick) Modified on 4/14/2009 (vcf, ).
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Filing 26
NOTICE of Motion by Fredrick Rahn Harbecke for presentment of motion for hearing #25 before Honorable William J. Hibbler on 4/13/2009 at 10:30 AM. (Harbecke, Fredrick)
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Filing 25
MOTION by Defendant The Nutmeg Group, LLC for hearing motion to Approve Transaction (Attachments: #1 Exhibit)(Harbecke, Fredrick)
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Filing 24
TEMPORARY Restraining Order and order for other emergency relief Signed by the Honorable William J. Hibbler on 4/3/2009.(vcf, )
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Filing 23
MINUTE entry before the Honorable William J. Hibbler:Motion hearing held. Agreed motion for the entry of a preliminary injunction order against all defendants and all relief defendants is continued to 4/13/09 at 10:00 a.m. Parties to provide the court with information re. Costs for accounting. Court indicates defendant must adjust budget to enable it to pay for same. Defendant's emergency motion to approve transaction is denied. By agreement of the parties the TRO is extended to 4/13/2009. Enter Temporary Restraining Order and Order for other Emergency Relief. Mailed notice (vcf, )
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Filing 22
RESPONSE by Securities And Exchange Commissionin Opposition to MOTION by Defendant The Nutmeg Group, LLC for hearing #20 seeking emergency relief (Shoenthal, Andrew)
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Filing 21
EMERENCY NOTICE of Motion by Fredrick Rahn Harbecke for presentment of motion for hearing #20 before Honorable William J. Hibbler on 4/3/2009 at 10:30 AM. (Harbecke, Fredrick)
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Filing 20
MOTION by Defendant The Nutmeg Group, LLC for hearing (Attachments: #1 Exhibit A-B)(Harbecke, Fredrick)
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Filing 19
NOTICE of Correction regarding MOTION by Defendant The Nutmeg Group, LLC for hearing Emergency Motion to Approve Transaction #15 . (vcf, )
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Filing 18
NOTICE of Motion by Andrew Charles Shoenthal for presentment of motion for preliminary injunction, #17 before Honorable William J. Hibbler on 4/3/2009 at 10:30 AM. (Shoenthal, Andrew)
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Filing 17
MOTION by Defendants Financial Alchemy, LLC, Phlly Financial, LLC, Samuel Wayne, Eric Irrgang, The Nutmeg Group, LLC, Randall Goulding, David Goulding, David Goulding, INC, David Samuel, LLC, Plaintiff Securities And Exchange Commission for preliminary injunction Against All Defendants and All Relief Defendants (Agreed Order) (Attachments: #1 Exhibit A - Proposed Order, #2 Exhibit B)(Shoenthal, Andrew)
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Filing 16
ATTORNEY Appearance for Defendants Financial Alchemy, LLC, Phlly Financial, LLC, Eric Irrgang by Fredrick Rahn Harbecke (Harbecke, Fredrick)
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Filing 15
Document entered in error. Modified on 4/2/2009 (vcf, ).
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Filing 12
ATTORNEY Appearance for Defendants The Nutmeg Group, LLC, Randall Goulding, David Goulding, David Goulding, INC, David Samuel, LLC by Fredrick Rahn Harbecke (Harbecke, Fredrick)
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Filing 14
TEMPORARY Restraining Order and Order for Other Emergency Relief Signed by the Honorable William J. Hibbler on 3/25/2009.(vcf, )
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Filing 13
MINUTE entry before the Honorable William J. Hibbler: Enter Temporary Retraining Order for Other Emergency Relief.Mailed notice (vcf, )
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Filing 11
MINUTE entry before the Honorable William J. Hibbler: Motion hearing held on 3/24/2009 regarding motion for temporary restraining order #5 . Plaintiff's Motion for TRO #5 is resolved as stated in open court. Parties to submit a proposed TRO order consistent with the Court's ruling for entry. Preliminary Injunction Hearing set for 4/3/2009 at 10:30 AM. Mailed notice (jdh)
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Filing 10
MINUTE entry before the Honorable William J. Hibbler: Motion hearing held. Plaintiff's motion for temporary restraining order is continued to 3/24/09 at 2:00 p.m.Mailed notice (vcf, )
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Filing 9
DECLARATION of Todd P. Bielskis regarding motion for temporary restraining order #5 , Preliminary Injunction, and Other Emergency Relief (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Errata 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17)(Shoenthal, Andrew)
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Filing 8
SUMMONS Issued as to Defendants Financial Alchemy, LLC, Phlly Financial, LLC, Samuel Wayne, Eric Irrgang, The Nutmeg Group, LLC, Randall Goulding, David Goulding, David Goulding, INC, David Samuel, LLC. (vcf, )
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Filing 7
DECLARATION of Ann M. Tushaus regarding motion for temporary restraining order #5 , Preliminary Injunction, and Other Emergency Relief (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(Shoenthal, Andrew)
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Filing 6
MEMORANDUM motion for temporary restraining order #5 by Securities And Exchange Commission (Shoenthal, Andrew)
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Filing 5
MOTION by Plaintiff Securities And Exchange Commission for temporary restraining order , Preliminary Injunction, and Other Emergency Relief (Attachments: #1 Exhibit A - Proposed Order)(Shoenthal, Andrew)
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Filing 4
ATTORNEY Appearance for Plaintiff Securities And Exchange Commission by Andrew Charles Shoenthal. (vcf, )
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Filing 3
ATTORNEY Appearance for Plaintiff Securities And Exchange Commission by Robert MacDonald Moye. (vcf, )
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Filing 2
CIVIL Cover Sheet. (vcf, )
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Filing 1
COMPLAINT filed by Securities And Exchange Commission. (vcf, )
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