Securities And Exchange Commission v. The Nutmeg Group, LLC et al
Plaintiff: U.S. Securities and Exchange Commission and Barnes & Thornburg LLP
Defendant: 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
Petitioner: Brandon Goulding, Ryan D Goulding and Alan D Lasko
Respondent: 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
Receiver: Leslie Weiss
Intervenor: Alan D. Lasko and Lasko & Associates, P.C.
Case Number: 1:2009cv01775
Filed: March 23, 2009
Court: US District Court for the Northern District of Illinois
Office: Securities/Commodities Office
County: Cook
Presiding Judge: Jeffrey T Gilbert
Nature of Suit: Securities/Commodities
Cause of Action: 28 U.S.C. ยง 1331 Federal Question
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on August 27, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 27, 2020 Opinion or Order 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)
August 24, 2020 Opinion or Order 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)
August 24, 2020 Opinion or Order FORWARDED copies of document(s) #1145 , #1146 to the USCA (sxb, )
August 18, 2020 Opinion or Order Filing 1145 NOTICE by Randall Goulding (Attachments: #1 Exhibit PX63 - Report of Mari Reidy -cdated Oct. 20, 2010)(Berry, Eric)
May 19, 2020 Opinion or Order 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)
May 18, 2020 Opinion or Order 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, )
May 18, 2020 Opinion or Order 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)
May 15, 2020 Opinion or Order 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)
May 15, 2020 Opinion or Order Filing 1140 Exhibit List of Admitted Trial Exhibits by U.S. Securities and Exchange Commission. (Moye, Robert)
May 13, 2020 Opinion or Order 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)
May 13, 2020 Opinion or Order 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)
May 13, 2020 Opinion or Order 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)
May 13, 2020 Opinion or Order 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)
May 11, 2020 Opinion or Order 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)
May 11, 2020 Opinion or Order 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)
May 11, 2020 Opinion or Order 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)
May 11, 2020 Opinion or Order 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)
May 11, 2020 Opinion or Order 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)
May 11, 2020 Opinion or Order 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)
May 11, 2020 Opinion or Order 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)
May 11, 2020 Opinion or Order 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)
May 11, 2020 Opinion or Order 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)
May 11, 2020 Opinion or Order 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)
May 11, 2020 Opinion or Order 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)
May 11, 2020 Opinion or Order 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)
April 28, 2020 Opinion or Order Filing 1123 ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal #1120 ; USCA Case No. 20-1689 (lma, )
April 27, 2020 Opinion or Order Filing 1122 TRANSMITTED to the 7th Circuit the short record on notice of appeal #1120 . Notified counsel (lma, )
April 27, 2020 Opinion or Order Filing 1121 NOTICE of Appeal Due letter sent to counsel of record regarding notice of appeal #1120 (lma, )
April 24, 2020 Opinion or Order Filing 1120 NOTICE of appeal by Randall Goulding regarding orders #1094 Filing fee $ 505, receipt number 0752-16954909. Receipt number: n (Berry, Eric)
April 23, 2020 Opinion or Order 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.
April 23, 2020 Opinion or Order 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.
April 23, 2020 Opinion or Order 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.
April 23, 2020 Opinion or Order 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.
April 23, 2020 Opinion or Order 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.
April 23, 2020 Opinion or Order 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.
April 23, 2020 Opinion or Order 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.
April 1, 2020 Opinion or Order Filing 1112 FULL SATISFACTION of Judgment regarding order #1108 in the amount of $28,395 (monetary provisions only) (White, Christy)
March 25, 2020 Opinion or Order 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, )
February 4, 2020 Opinion or Order Filing 1110 REPLY by Defendant Randall Goulding to response in opposition to motion, #1104 (Attachments: #1 Exhibit A - SEC v. Seghers decision)(Berry, Eric)
January 30, 2020 Opinion or Order Filing 1109 MINUTE entry before the Honorable Jeffrey T. Gilbert: Civil case terminated. Mailed notice (ber, )
January 30, 2020 Opinion or Order 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, )
January 30, 2020 Opinion or Order 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, )
January 29, 2020 Opinion or Order 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)
January 21, 2020 Opinion or Order 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, )
January 17, 2020 Opinion or Order 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)
January 14, 2020 Opinion or Order 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, )
January 10, 2020 Opinion or Order 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)
January 10, 2020 Opinion or Order 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)
January 3, 2020 Opinion or Order 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)
December 12, 2019 Opinion or Order 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, )
December 10, 2019 Opinion or Order 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)
December 10, 2019 Opinion or Order 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)
December 10, 2019 Opinion or Order 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)
December 10, 2019 Opinion or Order 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)
November 12, 2019 Opinion or Order Filing 1094 FINAL JUDGMENT AS TO DEFENDANT RANDALL GOULDING. Signed by the Honorable Jeffrey T. Gilbert on 11/12/2019. Mailed notice(ber, )
November 8, 2019 Opinion or Order 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, ).
October 30, 2019 Opinion or Order Filing 1092 Addendum to Receiver's Final Report (Dkt. 1080-1) by Leslie Weiss (Attachments: #1 Supplement)(Driscoll, Kevin)
October 28, 2019 Opinion or Order 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, )
October 25, 2019 Opinion or Order 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, )
October 25, 2019 Opinion or Order 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, ).
October 25, 2019 Opinion or Order 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, )
October 25, 2019 Opinion or Order 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, )
October 25, 2019 Opinion or Order 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, )
October 25, 2019 Opinion or Order 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, ).
October 25, 2019 Opinion or Order Filing 1084 MINUTE entry before the Honorable Jeffrey T. Gilbert: Enter Findings of Fact and Conclusions of Law. Mailed notice (ber, )
October 18, 2019 Opinion or Order 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)
October 11, 2019 Opinion or Order 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, )
October 11, 2019 Opinion or Order 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)
October 11, 2019 Opinion or Order Filing 1080 MOTION by Receiver Leslie Weiss Receiver's Motion to Terminate the Receivership (Attachments: #1 Supplement Receiver's Proposed Order)(Driscoll, Kevin)
June 24, 2019 Opinion or Order 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, )
June 21, 2019 Opinion or Order 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)
June 21, 2019 Opinion or Order 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)
September 30, 2018 Opinion or Order Filing 1076 Transcript of Trial Testimony on January 19, 2018 by Randall Goulding (Berry, Eric)
June 5, 2018 Opinion or Order 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, )
June 4, 2018 Opinion or Order 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)
June 4, 2018 Opinion or Order 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)
May 11, 2018 Opinion or Order 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)
May 3, 2018 Opinion or Order 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, )
April 26, 2018 Opinion or Order Filing 1070 STIPULATION to Extend Time for SEC to File Reply in Support of Motion for Disgorgement against David Goulding (Moye, Robert)
April 26, 2018 Opinion or Order 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, )
April 24, 2018 Opinion or Order 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)
April 24, 2018 Opinion or Order 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)
April 23, 2018 Opinion or Order 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, ).
April 23, 2018 Opinion or Order 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)
April 19, 2018 Opinion or Order 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, )
April 18, 2018 Opinion or Order 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)
April 16, 2018 Opinion or Order 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, )
April 13, 2018 Opinion or Order Filing 1061 STIPULATION STIPULATION TO EXTEND TIME TO RESPOND TO POST-TRIAL BREIF AS TO DEFENDANT DAVID GOULDING (THIRD AND FINAL REQUEST) (Thomas, Byron)
April 5, 2018 Opinion or Order 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, )
April 4, 2018 Opinion or Order 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)
March 30, 2018 Opinion or Order Filing 1058 TRIAL Brief Goulding's Post Trial Reply by Randall Goulding (Berry, Eric)
March 30, 2018 Opinion or Order Filing 1057 RESPONSE by Plaintiff Securities And Exchange Commission to trial brief #1048 of Defendant Randall Goulding (Moye, Robert)
March 28, 2018 Opinion or Order 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,)
March 28, 2018 Opinion or Order 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)
March 21, 2018 Opinion or Order 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, )
March 19, 2018 Opinion or Order 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, ).
March 17, 2018 Opinion or Order 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)
March 17, 2018 Opinion or Order 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)
March 17, 2018 Opinion or Order Filing 1050 MOTION by Defendant Randall Goulding to set a briefing schedule and cure late filing of Doc. No. 1049 (Berry, Eric)
March 17, 2018 Opinion or Order Filing 1049 Post-Trial Proposed Findings of Fact and Conclusions of Law by Randall Goulding (Berry, Eric)
March 16, 2018 Opinion or Order Filing 1048 TRIAL Brief Second Corrected Trial Brief to fix miscitation on. p. 18 by Randall Goulding (Berry, Eric)
March 16, 2018 Opinion or Order Filing 1047 TRIAL Brief Corrected Trial Brief - correcting citation on p. 13 by Randall Goulding (Berry, Eric)
March 16, 2018 Opinion or Order 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)
March 16, 2018 Opinion or Order Filing 1045 TRIAL Brief Randall Goulding's PostTrial Brief by Randall Goulding (Berry, Eric)
March 16, 2018 Opinion or Order Filing 1044 Proposed Findings of Fact and Conclusions of Law by Securities And Exchange Commission (Moye, Robert)
March 16, 2018 Opinion or Order 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)
March 16, 2018 Opinion or Order Filing 1042 TRIAL Brief by Securities And Exchange Commission (Moye, Robert)
March 7, 2018 Opinion or Order 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, )
March 6, 2018 Opinion or Order 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)
March 6, 2018 Opinion or Order 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)
March 5, 2018 Opinion or Order 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, ).
March 5, 2018 Opinion or Order 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)
March 5, 2018 Opinion or Order 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)
February 27, 2018 Opinion or Order 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, )
February 27, 2018 Opinion or Order 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)
February 27, 2018 Opinion or Order Filing 1033 MOTION by Plaintiff Securities And Exchange Commission for extension of time to file post-trial briefs (Moye, Robert)
February 9, 2018 Opinion or Order 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)
February 7, 2018 Opinion or Order 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)
February 7, 2018 Opinion or Order Filing 1030 NOTICE by Securities And Exchange Commission of Deposition Designations (Attachments: #1 Exhibit 1 (Deposition Transcript Excerpts))(Hanauer, Benjamin)
February 6, 2018 Opinion or Order 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, )
February 2, 2018 Opinion or Order Filing 1028 STIPULATION Regarding Briefing Schedule on David Goulding Remedies Issue (Moye, Robert)
January 31, 2018 Opinion or Order 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, )
January 30, 2018 Opinion or Order Filing 1026 MEMORANDUM by Securities And Exchange Commission Regarding Undisclosed Expert Opinions (Moye, Robert)
January 29, 2018 Opinion or Order 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, )
January 28, 2018 Opinion or Order Filing 1023 NOTICE by Randall Goulding Relating to the testimony of Greene and Reidy, and Doc. No. 1022 (Berry, Eric)
January 28, 2018 Opinion or Order 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)
January 26, 2018 Opinion or Order 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, )
January 25, 2018 Opinion or Order 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, )
January 24, 2018 Opinion or Order 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, )
January 23, 2018 Opinion or Order 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, )
January 23, 2018 Opinion or Order Filing 1018 DECLARATION regarding trial brief, #1017 Declaration in Support of Motion to Admit DX 79 (Berry, Eric)
January 23, 2018 Opinion or Order 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)
January 23, 2018 Opinion or Order 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, ).
January 22, 2018 Opinion or Order 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, )
January 21, 2018 Opinion or Order Filing 1013 TRIAL Brief /Supplemental Trial Memo by Randall Goulding (Berry, Eric)
January 19, 2018 Opinion or Order 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, )
January 19, 2018 Opinion or Order 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)
January 18, 2018 Opinion or Order 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, )
January 18, 2018 Opinion or Order Filing 1010 STIPULATIONS OF FACT. Signed by the Honorable Jeffrey T. Gilbert on 1/18/2018. Mailed notice(ber, )
January 17, 2018 Opinion or Order 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, )
January 17, 2018 Opinion or Order Filing 1008 ATTORNEY Appearance for Defendant Randall Goulding by Steven B. Nagler (mc, )
January 16, 2018 Opinion or Order 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, )
January 16, 2018 Opinion or Order 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, )
January 16, 2018 Opinion or Order Filing 1005 ATTORNEY Appearance for Defendant Randall Goulding by Steven B. Nagler Limited per court Minute entry (992) (Nagler, Steven)
January 16, 2018 Opinion or Order 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)
January 16, 2018 Opinion or Order Filing 1003 STIPULATION (Hanauer, Benjamin)
January 12, 2018 Opinion or Order 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, )
January 12, 2018 Opinion or Order 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)
January 12, 2018 Opinion or Order Filing 1000 MOTION by Attorney Jamie S. Franklin to withdraw as attorney for Randall Goulding. No party information provided (Franklin, Jamie)
January 11, 2018 Opinion or Order 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)
January 11, 2018 Opinion or Order Filing 998 MOTION by Plaintiff Securities And Exchange Commission to dismiss Aiding and Abetting Charges Against Randall Goulding (Shoenthal, Andrew)
January 11, 2018 Opinion or Order 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, )
January 10, 2018 Opinion or Order 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)
January 10, 2018 Opinion or Order 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)
January 10, 2018 Opinion or Order 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, )
January 10, 2018 Opinion or Order Filing 993 JUDGMENT AS TO DEFENDANT DAVID GOULDING. Signed by the Honorable Jeffrey T. Gilbert on 1/10/2018. Mailed notice(ber, )
January 9, 2018 Opinion or Order 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, )
January 5, 2018 Opinion or Order 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)
January 4, 2018 Opinion or Order 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, )
January 3, 2018 Opinion or Order 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)
January 3, 2018 Opinion or Order 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)
December 28, 2017 Opinion or Order 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)
December 27, 2017 Opinion or Order 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, )
December 27, 2017 Opinion or Order 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)
December 27, 2017 Opinion or Order Filing 984 ATTORNEY Appearance for Defendants David Goulding, INC, David Samuel, LLC by Fredrick Rahn Harbecke (Harbecke, Fredrick)
December 23, 2017 Opinion or Order Filing 983 Final Proposed Findings of Fact and Conclusions of Law by Randall Goulding (Berry, Eric)
December 23, 2017 Opinion or Order Filing 982 TRIAL Brief by Randall Goulding (Berry, Eric)
December 22, 2017 Opinion or Order Filing 981 TRIAL Brief by Securities And Exchange Commission (Moye, Robert)
December 22, 2017 Opinion or Order Filing 980 Amended Proposed Findings of Fact and Conclusions of Law by Securities And Exchange Commission (Moye, Robert)
December 22, 2017 Opinion or Order Filing 979 ATTORNEY Appearance for Defendants David Goulding, INC, David Samuel, LLC, David Samuel Goulding by Byron Eric Thomas (Thomas, Byron)
December 21, 2017 Opinion or Order Filing 978 ATTORNEY Appearance for Defendant Randall Goulding by Fredrick Rahn Harbecke (Harbecke, Fredrick)
December 21, 2017 Opinion or Order 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, )
December 21, 2017 Opinion or Order 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, )
December 20, 2017 Opinion or Order 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)
December 18, 2017 Opinion or Order 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)
December 18, 2017 Opinion or Order Filing 973 OBJECTIONS by Randall Goulding to other #959 Objections to Proposed Order Re Deemed Findings (Berry, Eric)
December 15, 2017 Opinion or Order 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)
December 14, 2017 Opinion or Order 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, )
December 14, 2017 Opinion or Order 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, )
December 14, 2017 Opinion or Order 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, )
December 14, 2017 Opinion or Order 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)
December 14, 2017 Opinion or Order Filing 967 MOTION by Attorney Paul T. Musser to withdraw as attorney for Leslie Weiss. No party information provided (Musser, Paul)
December 13, 2017 Opinion or Order Filing 966 ATTORNEY Appearance for Defendant Randall Goulding by Fredrick Rahn Harbecke (Harbecke, Fredrick)
December 13, 2017 Opinion or Order 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)
December 12, 2017 Opinion or Order 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)
December 12, 2017 Opinion or Order 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)
December 12, 2017 Opinion or Order Filing 962 DESIGNATION of Eric W. Berry as U.S. Attorney for Defendant Randall Goulding (Berry, Eric)
December 12, 2017 Opinion or Order Filing 961 ATTORNEY Appearance for Defendant Randall Goulding by Eric W. Berry (Berry, Eric)
December 7, 2017 Opinion or Order 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, )
December 7, 2017 Opinion or Order Filing 959 Proposed Order under Rule 56(g) Deeming Undisputed Facts Established for Purposes of Trial by Securities And Exchange Commission (Moye, Robert)
December 4, 2017 Opinion or Order 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, )
December 4, 2017 Opinion or Order 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)
December 1, 2017 Opinion or Order 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, )
November 29, 2017 Opinion or Order 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, ).
November 29, 2017 Opinion or Order 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, )
November 22, 2017 Opinion or Order 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, )
November 22, 2017 Opinion or Order 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, )
November 21, 2017 Opinion or Order 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)
November 17, 2017 Opinion or Order 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)
November 14, 2017 Opinion or Order 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)
November 14, 2017 Opinion or Order 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, )
November 13, 2017 Opinion or Order Filing 947 NOTICE by Financial Alchemy, LLC, Randall Goulding, Eric Irrgang, Phlly Financial, LLC re exhibit #938 (Nagler, Steven)
November 13, 2017 Opinion or Order Filing 946 NOTICE by Financial Alchemy, LLC, Eric Irrgang, Phlly Financial, LLC re exhibit list #935 (Nagler, Steven)
November 13, 2017 Opinion or Order Filing 945 RESPONSE by Defendant Phlly Financial, LLC to motion for order #933 (Nagler, Steven)
November 13, 2017 Opinion or Order 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, ).
November 13, 2017 Opinion or Order 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)
November 8, 2017 Opinion or Order 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, )
November 7, 2017 Opinion or Order 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, )
November 6, 2017 Opinion or Order 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)
November 5, 2017 Opinion or Order Filing 939 TRIAL Brief by David Samuel Goulding (Goulding, David)
November 5, 2017 Opinion or Order Filing 938 EXHIBIT by Defendant David Samuel Goulding (Goulding, David)
November 2, 2017 Opinion or Order 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, )
October 31, 2017 Opinion or Order 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, )
October 27, 2017 Opinion or Order Filing 935 Exhibit List by David Samuel Goulding. (Goulding, David)
October 27, 2017 Opinion or Order Filing 934 Exhibit List with Objections and Responses by Securities And Exchange Commission. (Attachments: #1 Exhibit A., chart of exhibits and objections)(Moye, Robert)
October 19, 2017 Opinion or Order 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)
October 19, 2017 Opinion or Order 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, ).
October 19, 2017 Opinion or Order Filing 931 MEMORANDUM by Securities And Exchange Commission in support of motion for default judgment #930 (Moye, Robert)
October 19, 2017 Opinion or Order 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)
October 18, 2017 Opinion or Order 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.
October 6, 2017 Opinion or Order 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, )
October 5, 2017 Opinion or Order 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)
October 4, 2017 Opinion or Order 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, )
October 3, 2017 Opinion or Order Filing 925 RESPONSE by Securities And Exchange Commission to MOTION by Defendant David Samuel Goulding to file instanter #923 (Duplicate) (Moye, Robert)
October 3, 2017 Opinion or Order Filing 924 RESPONSE by Securities And Exchange Commission to MOTION by Defendant David Samuel Goulding to file instanter #923 (Moye, Robert)
September 29, 2017 Opinion or Order Filing 923 MOTION by Defendant David Samuel Goulding to file instanter (Goulding, David)
September 29, 2017 Opinion or Order Filing 922 PROPOSED Pretrial Order (Attachments: #1 Exhibit)(Goulding, David)
September 28, 2017 Opinion or Order 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)
September 15, 2017 Opinion or Order 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, )
September 14, 2017 Opinion or Order 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, )
September 13, 2017 Opinion or Order 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, )
August 31, 2017 Opinion or Order 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)
August 25, 2017 Opinion or Order Filing 916 MEMORANDUM by Randall Goulding in Opposition to motion for reconsideration, #910 (Goulding, David)
August 25, 2017 Opinion or Order 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)
August 24, 2017 Opinion or Order Filing 914 MINUTE entry before the Honorable Jeffrey T. Gilbert: Telephone status hearing held on 8/24/17 concerning settlement discussions. Mailed notice (ber, )
August 23, 2017 Opinion or Order 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, )
August 18, 2017 Opinion or Order Filing 912 MINUTE entry before the Honorable Jeffrey T. Gilbert: Settlement conference held on 8/18/2017. Mailed notice (ber, )
August 4, 2017 Opinion or Order 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, )
August 4, 2017 Opinion or Order 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)
August 3, 2017 Opinion or Order Filing 909 MOTION by Defendants Eric Irrgang, Phlly Financial, LLC to file instanter (Nagler, Steven)
August 3, 2017 Opinion or Order Filing 908 REPLY by Financial Alchemy, LLC, Eric Irrgang, Phlly Financial, LLC to response in opposition to motion,, #895 (Nagler, Steven)
August 1, 2017 Opinion or Order 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, )
July 26, 2017 Opinion or Order 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, )
July 26, 2017 Opinion or Order 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, ).
July 25, 2017 Opinion or Order 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, ).
July 25, 2017 Opinion or Order 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)
July 24, 2017 Opinion or Order 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, )
July 19, 2017 Opinion or Order 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, )
July 19, 2017 Opinion or Order 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, )
July 14, 2017 Opinion or Order 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)
July 14, 2017 Opinion or Order 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)
July 13, 2017 Opinion or Order 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)
July 12, 2017 Opinion or Order 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, )
July 11, 2017 Opinion or Order 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)
July 10, 2017 Opinion or Order 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)
July 10, 2017 Opinion or Order Filing 893 REPLY by Plaintiff Securities And Exchange Commission in Support of Motions in Limine (Moye, Robert)
June 27, 2017 Opinion or Order Filing 892 REPLY by Defendants Financial Alchemy, LLC, Eric Irrgang, Phlly Financial, LLC to response in opposition to motion,, #886 (Goulding, David)
June 27, 2017 Opinion or Order Filing 891 REPLY by David Samuel Goulding, Randall Goulding to response in opposition to motion,, #886 (Goulding, David)
June 27, 2017 Opinion or Order Filing 890 MEMORANDUM by David Samuel Goulding, Randall Goulding in Opposition to motion in limine, #885 (Attachments: #1 Affidavit)(Goulding, David)
June 27, 2017 Opinion or Order Filing 889 RESPONSE by Defendant David Samuel Goulding (Attachments: #1 Affidavit Carl Duncal Affidavit, #2 Affidavit DSG Affidavit)(Goulding, David)
June 23, 2017 Opinion or Order 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, )
June 9, 2017 Opinion or Order 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, )
June 6, 2017 Opinion or Order 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)
June 6, 2017 Opinion or Order 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)
June 1, 2017 Opinion or Order 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, )
May 15, 2017 Opinion or Order 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, )
May 2, 2017 Opinion or Order 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, )
May 1, 2017 Opinion or Order 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, )
April 28, 2017 Opinion or Order 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, )
December 2, 2016 Opinion or Order 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, )
November 30, 2016 Opinion or Order 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,)
November 30, 2016 Opinion or Order Filing 877 RENEWED MOTION by Attorney Fred R. Harbecke to withdraw as counsel. (eg,)
November 29, 2016 Opinion or Order 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)
November 29, 2016 Opinion or Order Filing 875 MOTION by Defendant Randall Goulding to withdraw (Harbecke, Fredrick)
November 22, 2016 Opinion or Order 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, )
October 27, 2016 Opinion or Order 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, )
September 27, 2016 Opinion or Order 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, )
August 23, 2016 Opinion or Order 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, )
August 22, 2016 Opinion or Order 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)
August 22, 2016 Opinion or Order Filing 870 MOTION to withdraw as attorney for Barnes & Thornburg LLP, Leslie Weiss. No party information provided (Long, Olivia)
August 7, 2016 Opinion or Order 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)
August 7, 2016 Opinion or Order 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)
August 4, 2016 Opinion or Order Filing 867 Exhibit by Randall Goulding Exhibit B to supplemental filing (Goulding, Randall)
August 3, 2016 Opinion or Order Filing 866 REPLY by Plaintiff Securities And Exchange Commission in Support of Its Motion to Preclude the Testimony of Anthony Garvy (Moye, Robert)
August 3, 2016 Opinion or Order 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)
August 3, 2016 Opinion or Order 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)
July 27, 2016 Opinion or Order 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, )
July 22, 2016 Opinion or Order 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)
July 22, 2016 Opinion or Order Filing 861 MOTION by Defendants David Samuel, LLC, Financial Alchemy, LLC, Eric Irrgang, Phlly Financial, LLC for leave to file excess pages (Goulding, David)
July 20, 2016 Opinion or Order 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)
July 20, 2016 Opinion or Order 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)
July 20, 2016 Opinion or Order 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)
July 20, 2016 Opinion or Order 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)
July 14, 2016 Opinion or Order 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, )
July 7, 2016 Opinion or Order 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, )
July 7, 2016 Opinion or Order 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)
July 6, 2016 Opinion or Order Filing 853 Motions in limine NOTICE of Motion by Randall S. Goulding for presentment of (Goulding, Randall)
June 29, 2016 Opinion or Order 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)
June 27, 2016 Opinion or Order 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)
June 27, 2016 Opinion or Order 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)
June 27, 2016 Opinion or Order 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)
June 27, 2016 Opinion or Order 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)
June 27, 2016 Opinion or Order Filing 847 MOTION by Plaintiff Securities And Exchange Commission for order Excluding Testimony by Defendants Proposed Expert Anthony Garvy (Moye, Robert)
June 9, 2016 Opinion or Order 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)
June 9, 2016 Opinion or Order Filing 845 NOTICE by Securities And Exchange Commission of Preliminary Witness List and Anticipated Motions in Limine (Moye, Robert)
May 26, 2016 Opinion or Order 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, )
May 25, 2016 Opinion or Order 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, )
May 24, 2016 Opinion or Order 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, )
May 23, 2016 Opinion or Order 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, )
May 19, 2016 Opinion or Order 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)
May 19, 2016 Opinion or Order Filing 839 MOTION by Defendant Randall Goulding to file instanter REPLY ON MOTION TO RECONSIDER GRANTING OF PARTIAL SUMMARY JUDGMENT (Goulding, Randall)
May 17, 2016 Opinion or Order Filing 838 REPLY by Defendant Randall Goulding to notice of motion #820 REPLY MEMORANDUM IN SUPPORT OF MOTION TO RECONSIDER (Goulding, Randall)
May 16, 2016 Opinion or Order 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, )
May 12, 2016 Opinion or Order 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)
May 12, 2016 Opinion or Order Filing 835 For additional time to file NOTICE of Motion by Randall S. Goulding for presentment of (Goulding, Randall)
May 12, 2016 Opinion or Order Filing 834 MOTION by Defendant Randall Goulding for extension of time to file response/reply as to motion for reconsideration #818 (Goulding, Randall)
May 11, 2016 Opinion or Order 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)
May 11, 2016 Opinion or Order 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)
April 28, 2016 Opinion or Order 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)
April 21, 2016 Opinion or Order 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)
April 21, 2016 Opinion or Order 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)
April 8, 2016 Opinion or Order 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, )
April 7, 2016 Opinion or Order 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, )
April 4, 2016 Opinion or Order 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)
April 4, 2016 Opinion or Order 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)
April 4, 2016 Opinion or Order Filing 824 MOTION by Attorney Deborah L. Thorne to withdraw as attorney for Leslie Weiss. No party information provided (Driscoll, Kevin)
March 31, 2016 Opinion or Order 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, )
March 18, 2016 Opinion or Order 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)
March 18, 2016 Opinion or Order Filing 821 MOTION by Defendant Randall Goulding for leave to file excess pages re MEMORANDUM IN SUPPORT OF MOTION TO RECONSIDER (Goulding, Randall)
March 17, 2016 Opinion or Order 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)
March 17, 2016 Opinion or Order 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, ).
March 17, 2016 Opinion or Order Filing 818 MOTION by Defendant Randall Goulding for reconsideration of SECs motion for partial summary judgment (Goulding, Randall)
March 3, 2016 Opinion or Order 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, )
March 1, 2016 Opinion or Order 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, )
February 29, 2016 Opinion or Order 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)
February 29, 2016 Opinion or Order 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)
February 29, 2016 Opinion or Order 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)
February 29, 2016 Opinion or Order 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)
February 29, 2016 Opinion or Order 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)
February 29, 2016 Opinion or Order 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)
February 29, 2016 Opinion or Order 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)
February 29, 2016 Opinion or Order 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)
February 29, 2016 Opinion or Order 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)
February 29, 2016 Opinion or Order 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)
February 29, 2016 Opinion or Order 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)
February 29, 2016 Opinion or Order 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)
February 29, 2016 Opinion or Order 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)
February 29, 2016 Opinion or Order 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)
February 29, 2016 Opinion or Order 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)
February 29, 2016 Opinion or Order 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)
February 29, 2016 Opinion or Order 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)
February 29, 2016 Opinion or Order 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)
February 29, 2016 Opinion or Order 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)
February 18, 2016 Opinion or Order 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, )
February 18, 2016 Opinion or Order 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, )
September 21, 2015 Opinion or Order 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, )
June 5, 2015 Opinion or Order Filing 793 MOTION by Defendant Randall Goulding for disclosure Abatement of IRS penalties (Goulding, Randall)
April 21, 2015 Opinion or Order 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, )
April 15, 2015 Opinion or Order 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)
April 15, 2015 Opinion or Order 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)
April 15, 2015 Opinion or Order Filing 789 NOTICE by Leslie Weiss re status report #788 (Driscoll, Kevin)
April 15, 2015 Opinion or Order Filing 788 STATUS Report Receiver's Status Report by Leslie Weiss (Driscoll, Kevin)
April 15, 2015 Opinion or Order 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, )
April 13, 2015 Opinion or Order 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, )
April 2, 2015 Opinion or Order 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)
April 2, 2015 Opinion or Order Filing 784 MOTION by Receiver Leslie Weiss to Execute Power of Attorney Receiver's Motion to Execute Power of Attorney (Driscoll, Kevin)
April 2, 2015 Opinion or Order Filing 783 MOTION by Receiver Leslie Weiss Write-Off Certain Securities Receiver's Motion to Write-Off Certain Securities (Driscoll, Kevin)
April 2, 2015 Opinion or Order Filing 782 MOTION by Receiver Leslie Weiss for extension of time Receiver's Motion to File Report Out of Time (Driscoll, Kevin)
April 2, 2015 Opinion or Order 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)
January 14, 2015 Opinion or Order 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, )
January 6, 2015 Opinion or Order 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)
January 5, 2015 Opinion or Order Filing 778 NOTICE of Motion by Randall S. Goulding for presentment of (Goulding, Randall)
January 5, 2015 Opinion or Order Filing 777 MOTION by Defendants Financial Alchemy, LLC, Eric Irrgang, Phlly Financial, LLC for order to show cause Corrected (Goulding, Randall)
January 5, 2015 Opinion or Order Filing 776 NOTICE of Motion by Randall S. Goulding for presentment of (Goulding, Randall)
January 2, 2015 Opinion or Order 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)
January 2, 2015 Opinion or Order 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)
December 16, 2014 Opinion or Order Filing 773 RESPONSE by Plaintiff Securities And Exchange Commission to Randall Goulding's Notice regarding Discovery (Moye, Robert)
December 15, 2014 Opinion or Order 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, )
December 2, 2014 Opinion or Order 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, )
December 1, 2014 Opinion or Order Filing 770 Notice of the SECs Failure to Comply with Its Promises by Randall Goulding (Goulding, Randall)
November 25, 2014 Opinion or Order 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)
November 25, 2014 Opinion or Order Filing 768 MOTION by Plaintiff Securities And Exchange Commission to withdraw reference from Bankruptcy Court (Moye, Robert)
September 22, 2014 Opinion or Order 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, )
September 5, 2014 Opinion or Order 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, )
August 29, 2014 Opinion or Order 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, )
August 20, 2014 Opinion or Order Filing 764 LETTER from Randall Goulding dated 08/15/2014. (sxw, )
August 20, 2014 Opinion or Order Filing 763 SUPPLEMENT to motion for attorney fees #747 Regarding Cash on Hand Balances (Attachments: #1 Exhibit A (Statements))(Driscoll, Kevin)
August 15, 2014 Opinion or Order 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, )
August 13, 2014 Opinion or Order 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, )
August 12, 2014 Opinion or Order Filing 760 RESPONSE by Plaintiff Securities And Exchange Commission to Defendants' Sur-Reply (Moye, Robert)
July 29, 2014 Opinion or Order 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, )
July 28, 2014 Opinion or Order 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, )
July 25, 2014 Opinion or Order Filing 757 RESPONSE by Securities And Exchange Commission to MOTION for leave to file #750 sur-reply brief (Moye, Robert)
July 24, 2014 Opinion or Order 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, )
July 23, 2014 Opinion or Order 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)
July 22, 2014 Opinion or Order Filing 754 NOTICE by Randall Goulding re MOTION for leave to file #750 surreply (Goulding, Randall)
July 21, 2014 Opinion or Order 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, )
July 21, 2014 Opinion or Order 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)
July 21, 2014 Opinion or Order 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)
July 21, 2014 Opinion or Order 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.
July 21, 2014 Opinion or Order Filing 749 SUR-REPLY by Defendants David Samuel Goulding, Randall Goulding to reply #744 (Goulding, Randall)
July 16, 2014 Opinion or Order 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)
July 16, 2014 Opinion or Order Filing 747 MOTION by Receiver Leslie Weiss for attorney fees Receiver's Twenty-Seventh Interim Fee Application (Driscoll, Kevin)
July 15, 2014 Opinion or Order Filing 746 NOTICE by Leslie Weiss re status report #745 (Driscoll, Kevin)
July 15, 2014 Opinion or Order Filing 745 STATUS Report Receiver's Status Report by Leslie Weiss (Driscoll, Kevin)
July 10, 2014 Opinion or Order Filing 744 REPLY by Plaintiff Securities And Exchange Commission in Support of Its Motion for Summary Judgment (Moye, Robert)
July 10, 2014 Opinion or Order 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)
July 10, 2014 Opinion or Order Filing 742 RESPONSE by Plaintiff Securities And Exchange Commission to David Goulding's Statement of Additional Facts (Moye, Robert)
July 10, 2014 Opinion or Order Filing 741 RESPONSE by Plaintiff Securities And Exchange Commission to Randall Goulding's Statement of Additional Facts (Moye, Robert)
July 9, 2014 Opinion or Order 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, )
July 8, 2014 Opinion or Order 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)
July 8, 2014 Opinion or Order Filing 738 MOTION by Plaintiff Securities And Exchange Commission for extension of time to file Replies (Moye, Robert)
June 18, 2014 Opinion or Order 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, )
June 17, 2014 Opinion or Order 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)
June 17, 2014 Opinion or Order 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)
June 13, 2014 Opinion or Order Filing 734 RESPONSE by Financial Alchemy, LLC, Eric Irrgang, Phlly Financial, LLCin Opposition to MOTION for summary judgment #719 (Goulding, Randall)
June 3, 2014 Opinion or Order 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, ).
June 2, 2014 Opinion or Order 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, )
June 1, 2014 Opinion or Order 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)
May 30, 2014 Opinion or Order Filing 730 STATEMENT by Defendant David Samuel Gouldingin Support of MOTION for summary judgment #719 (Goulding, David)
May 30, 2014 Opinion or Order Filing 729 RULE 56 Statement by David Samuel Goulding regarding motion for summary judgment #719 (Attachments: #1 Affidavit Affidavit of Carl Duncan)(Goulding, David)
May 30, 2014 Opinion or Order Filing 728 MEMORANDUM by David Samuel Goulding in Opposition to motion for summary judgment #719 (Attachments: #1 Affidavit DSG Affidavit)(Goulding, David)
May 30, 2014 Opinion or Order 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)
May 30, 2014 Opinion or Order 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)
May 29, 2014 Opinion or Order 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, )
May 28, 2014 Opinion or Order Filing 724 MOTION by Defendant David Samuel Goulding for extension of time to file response/reply (Goulding, David)
May 23, 2014 Opinion or Order Filing 723 NOTICE by Leslie Weiss re Response #722 (Driscoll, Kevin)
May 23, 2014 Opinion or Order 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)
April 24, 2014 Opinion or Order Filing 721 MEMORANDUM by Securities And Exchange Commission in support of motion for summary judgment #719 (Moye, Robert)
April 24, 2014 Opinion or Order Filing 720 RULE 56 LR 56.1 Statement by Securities And Exchange Commission regarding motion for summary judgment #719 (Moye, Robert)
April 24, 2014 Opinion or Order Filing 719 REVISED MOTION by Plaintiff Securities And Exchange Commission for summary judgment (Moye, Robert) Modified on 4/24/2014 (ea, ).
April 10, 2014 Opinion or Order 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, )
April 6, 2014 Opinion or Order 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)
April 6, 2014 Opinion or Order Filing 716 NOTICE of Motion by Randall S. Goulding for presentment of (Goulding, Randall)
April 6, 2014 Opinion or Order 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)
March 12, 2014 Opinion or Order 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, )
March 4, 2014 Opinion or Order 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, )
March 3, 2014 Opinion or Order 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)
March 3, 2014 Opinion or Order Filing 711 MOTION by Defendant Randall Gouldingreimburse out-of-pocket expenses (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Goulding, Randall)
March 3, 2014 Opinion or Order 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, )
March 2, 2014 Opinion or Order 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)
February 24, 2014 Opinion or Order 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)
February 24, 2014 Opinion or Order Filing 707 MOTION by Receiver Leslie Weiss to Pay Alan D. Lasko & Associates, P.C. for Tax Services (Attachments: #1 Exhibit A)(Driscoll, Kevin)
February 24, 2014 Opinion or Order Filing 706 MOTION by Receiver Leslie Weiss for attorney fees Receiver's Twenty-Sixth Interim Fee Application (Attachments: #1 Exhibit A)(Driscoll, Kevin)
February 14, 2014 Opinion or Order 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, )
February 12, 2014 Opinion or Order Filing 704 litigation conflict waiver by David Goulding, INC, David Samuel, LLC (Goulding, Randall)
February 12, 2014 Opinion or Order Filing 703 STIPULATION of the Parties to Establish Briefing Schedule on SEC's Motion for Summary Judgment (Moye, Robert)
February 10, 2014 Opinion or Order 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)
February 10, 2014 Opinion or Order Filing 701 MOTION by Plaintiff Securities And Exchange Commission for leave to file excess pages in Summary Judgement Brief (Moye, Robert)
February 8, 2014 Opinion or Order Filing 700 MEMORANDUM in Support of SEC's Motion for Summary Judgment (Moye, Robert)
February 7, 2014 Opinion or Order 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)
February 7, 2014 Opinion or Order Filing 698 Local Rule 56.1(a)(3) STATEMENT by Securities And Exchange Commission Statement of Undisputed Material Facts (Shoenthal, Andrew)
February 7, 2014 Opinion or Order Filing 697 NOTICE by Securities And Exchange Commission to pro se Litigants Opposing Summary Judgment (Moye, Robert)
February 7, 2014 Opinion or Order 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)
December 11, 2013 Opinion or Order 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, )
December 6, 2013 Opinion or Order 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, )
December 6, 2013 Opinion or Order 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, )
December 2, 2013 Opinion or Order Filing 692 Receiver's Status Report by Leslie Weiss (Driscoll, Kevin)
November 20, 2013 Opinion or Order Filing 691 MINUTE entry before the Honorable Jeffrey T. Gilbert: Status hearing reset to 12/6/2013 at 1:30 PM. Mailed notice (tlp, )
November 18, 2013 Opinion or Order 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, )
November 17, 2013 Opinion or Order 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)
November 17, 2013 Opinion or Order 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)
November 15, 2013 Opinion or Order 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, )
October 17, 2013 Opinion or Order 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, )
October 7, 2013 Opinion or Order 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, )
September 20, 2013 Opinion or Order 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, )
September 20, 2013 Opinion or Order 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, )
September 13, 2013 Opinion or Order 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, )
September 3, 2013 Opinion or Order 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)
August 29, 2013 Opinion or Order 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, )
August 27, 2013 Opinion or Order 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)
August 27, 2013 Opinion or Order 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)
August 22, 2013 Opinion or Order 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)
August 20, 2013 Opinion or Order 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, )
August 16, 2013 Opinion or Order 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)
August 16, 2013 Opinion or Order 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)
August 16, 2013 Opinion or Order 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)
August 15, 2013 Opinion or Order 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)
August 6, 2013 Opinion or Order 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, )
August 6, 2013 Opinion or Order 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, )
August 5, 2013 Opinion or Order Filing 669 JOINT CONSENT to Exercise of Jurisdiction by a United States Magistrate Judge (Moye, Robert)
August 1, 2013 Opinion or Order 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, )
July 29, 2013 Opinion or Order 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)
July 29, 2013 Opinion or Order Filing 666 MOTION by Defendant David Samuel Goulding to reset Hearing on Plaintiff's Motion for Default (Goulding, David)
July 26, 2013 Opinion or Order 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)
July 26, 2013 Opinion or Order 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)
July 25, 2013 Opinion or Order 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, )
July 23, 2013 Opinion or Order 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, )
July 22, 2013 Opinion or Order 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)
July 22, 2013 Opinion or Order 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)
July 19, 2013 Opinion or Order 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, )
July 16, 2013 Opinion or Order 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)
July 16, 2013 Opinion or Order 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)
June 7, 2013 Opinion or Order 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, )
May 30, 2013 Opinion or Order 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, )
May 22, 2013 Opinion or Order 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)
May 22, 2013 Opinion or Order Filing 653 MOTION by Receiver Leslie Weiss for attorney fees Receiver's Twenty-Fifth Interim Fee Application (Driscoll, Kevin)
May 10, 2013 Opinion or Order 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, )
May 8, 2013 Opinion or Order 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, )
May 6, 2013 Opinion or Order 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, )
May 1, 2013 Opinion or Order 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, )
April 30, 2013 Opinion or Order 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, )
April 29, 2013 Opinion or Order 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)
April 29, 2013 Opinion or Order 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)
April 18, 2013 Opinion or Order 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, )
April 17, 2013 Opinion or Order 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)
April 15, 2013 Opinion or Order 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, )
April 15, 2013 Opinion or Order 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)
April 15, 2013 Opinion or Order Filing 641 MOTION by Plaintiff Securities And Exchange Commission to take deposition of Mari Reidy (Moye, Robert)
April 12, 2013 Opinion or Order 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)
April 12, 2013 Opinion or Order Filing 639 MOTION by Defendant David Samuel Gouldingin limine (Attachments: #1 Declaration Preclusion Motion)(Goulding, David)
April 11, 2013 Opinion or Order 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)
April 11, 2013 Opinion or Order Filing 637 MOTION by Plaintiff Securities And Exchange CommissionModify Settlement Conference Procedures (Moye, Robert)
April 10, 2013 Opinion or Order 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)
April 10, 2013 Opinion or Order Filing 635 NOTICE by Randall Goulding re MOTION by Defendant Randall Gouldingin limine Disgorgement Damages #634 (Goulding, Randall)
April 10, 2013 Opinion or Order 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)
March 28, 2013 Opinion or Order 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, )
March 27, 2013 Opinion or Order 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, )
March 22, 2013 Opinion or Order Filing 631 REPLY by Randall Goulding to response in opposition to motion, #573 Amended reply as redacted (Attachments: #1 Declaration)(Goulding, Randall)
March 22, 2013 Opinion or Order Filing 630 MOTION by Defendant Randall Goulding for sanctions original Reply as redacted (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Goulding, Randall)
March 22, 2013 Opinion or Order 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)
March 22, 2013 Opinion or Order 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)
March 22, 2013 Opinion or Order Filing 627 MOTION by Defendant Randall Goulding to reset Status (Goulding, Randall)
March 1, 2013 Opinion or Order 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, )
February 27, 2013 Opinion or Order 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, )
February 27, 2013 Opinion or Order 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, )
February 25, 2013 Opinion or Order 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)
February 25, 2013 Opinion or Order 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)
February 25, 2013 Opinion or Order Filing 621 RESPONSE by Securities And Exchange Commission to MOTION by Defendant Randall GouldingMisc. #619 (Moye, Robert)
February 23, 2013 Opinion or Order 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)
February 22, 2013 Opinion or Order Filing 619 MOTION by Defendant Randall GouldingMisc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Goulding, Randall)
February 19, 2013 Opinion or Order 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)
February 19, 2013 Opinion or Order Filing 617 MOTION by Plaintiff Securities And Exchange Commission for extension of time to answer or supplement interrogatories (Moye, Robert)
February 6, 2013 Opinion or Order 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, )
February 1, 2013 Opinion or Order 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, )
January 22, 2013 Opinion or Order 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)
January 19, 2013 Opinion or Order Filing 613 MOTION by Receiver Leslie Weiss for extension of time to file response/reply as to reply #612 (Driscoll, Kevin)
January 19, 2013 Opinion or Order Filing 612 REPLY by Receiver Leslie Weiss to motion for attorney fees #586 for Novack & Macey (Attachments: #1 Exhibit A-E)(Driscoll, Kevin)
January 18, 2013 Opinion or Order 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, )
January 12, 2013 Opinion or Order 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, )
January 8, 2013 Opinion or Order 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, )
December 24, 2012 Opinion or Order Filing 608 REPLY by Defendant Randall Goulding to motion to compel, #555 The SEC (Attachments: #1 Declaration)(Goulding, Randall)
December 21, 2012 Opinion or Order Filing 607 REPLY by Defendant Randall Goulding to motion to compel, #557 (Goulding, Randall)
December 19, 2012 Opinion or Order 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)
December 17, 2012 Opinion or Order 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, )
December 16, 2012 Opinion or Order Filing 604 NOTICE by Randall Goulding re MOTION by Defendant Randall Goulding for sanctions To File an Amended Reply #603 (Goulding, Randall)
December 16, 2012 Opinion or Order 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, ).
December 16, 2012 Opinion or Order Filing 602 REPLY by Defendant Randall Goulding On Motion to Compel SEC (Attachments: #1 Exhibit A)(Goulding, Randall)
December 10, 2012 Opinion or Order Filing 600 REPLY by David Samuel Goulding to response in opposition to motion, #573 , response in opposition to motion, #572 DSG Reply (Goulding, David)
December 10, 2012 Opinion or Order Filing 599 Document removed per court order dated 2/27/2013.
December 7, 2012 Opinion or Order 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)
December 6, 2012 Opinion or Order 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)
December 5, 2012 Opinion or Order 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, )
December 5, 2012 Opinion or Order Filing 596 RESPONSE by Defendant Randall Goulding to motion to quash #561 (Goulding, Randall)
December 5, 2012 Opinion or Order 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)
December 5, 2012 Opinion or Order 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, )
December 3, 2012 Opinion or Order 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)
December 3, 2012 Opinion or Order 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, )
November 30, 2012 Opinion or Order 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)
November 30, 2012 Opinion or Order Filing 590 MOTION by Defendants David Samuel Goulding, Randall Goulding for extension of time To reply on motion for sanctions (Goulding, Randall)
November 29, 2012 Opinion or Order 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)
November 29, 2012 Opinion or Order 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)
November 28, 2012 Opinion or Order 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)
November 28, 2012 Opinion or Order 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)
November 28, 2012 Opinion or Order 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)
November 28, 2012 Opinion or Order Filing 584 MOTION by Receiver Leslie Weiss for attorney fees Receiver's Twenty-Fourth Interim Fee Application (Driscoll, Kevin)
November 28, 2012 Opinion or Order 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)
November 28, 2012 Opinion or Order Filing 582 MOTION by Receiver Leslie Weiss Receiver's Motion for Instructions as to Nutmeg's Involvement in Investor Suit (Driscoll, Kevin)
November 27, 2012 Opinion or Order 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, )
November 26, 2012 Opinion or Order 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)
November 26, 2012 Opinion or Order 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)
November 26, 2012 Opinion or Order 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)
November 26, 2012 Opinion or Order Filing 577 RESPONSE by Leslie Weissin Opposition to MOTION to compel #557 (Driscoll, Kevin)
November 16, 2012 Opinion or Order 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, )
November 14, 2012 Opinion or Order 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, )
November 9, 2012 Opinion or Order 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)
November 9, 2012 Opinion or Order 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)
November 9, 2012 Opinion or Order 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, ).
October 29, 2012 Opinion or Order 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)
October 29, 2012 Opinion or Order 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)
October 29, 2012 Opinion or Order 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)
October 29, 2012 Opinion or Order 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)
October 29, 2012 Opinion or Order 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)
October 29, 2012 Opinion or Order 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)
October 29, 2012 Opinion or Order 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)
October 29, 2012 Opinion or Order 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)
October 29, 2012 Opinion or Order 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)
October 26, 2012 Opinion or Order 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)
October 26, 2012 Opinion or Order Filing 561 MOTION by Intervenor Alan D. Lasko and Lasko & Associates, P.C. to quash (Attachments: #1 Exhibit A)(Yuknis, Clifford)
October 23, 2012 Opinion or Order 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, )
October 18, 2012 Opinion or Order 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, )
October 12, 2012 Opinion or Order Filing 558 NOTICE of Motion by Randall S. Goulding for presentment of (Goulding, Randall)
October 12, 2012 Opinion or Order 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, ).
October 12, 2012 Opinion or Order 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)
October 12, 2012 Opinion or Order 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)
October 12, 2012 Opinion or Order 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)
October 12, 2012 Opinion or Order 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)
October 10, 2012 Opinion or Order 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, )
October 3, 2012 Opinion or Order 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)
October 3, 2012 Opinion or Order Filing 550 MOTION by Defendant David Samuel Goulding for sanctions amended certificate (Goulding, David)
October 2, 2012 Opinion or Order Filing 549 MOTION by Defendant David Samuel Goulding for sanctions Notice of Motion (Goulding, David)
October 2, 2012 Opinion or Order Filing 548 MOTION by Defendant David Samuel Goulding for sanctions (Goulding, David)
October 2, 2012 Opinion or Order Filing 547 NOTICE by Randall Goulding re notice of filing #546 , MOTION by Defendant Randall GouldingJudgment, Sanctions #545 Amended (Goulding, Randall)
October 2, 2012 Opinion or Order Filing 546 NOTICE by Randall Goulding re MOTION by Defendant Randall GouldingJudgment, Sanctions #545 (Goulding, Randall)
October 2, 2012 Opinion or Order Filing 545 Document removed per court order dated 2/27/2013.
September 24, 2012 Opinion or Order 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, )
September 21, 2012 Opinion or Order Filing 542 LETTER from the Seventh Circuit no record to be returned on appeal in USCA no. 12-2521.(vcf, )
September 21, 2012 Opinion or Order Filing 541 MEMORANDUM Opinion and Order. Signed by the Honorable Jeffrey T. Gilbert on 9/21/2012. (ep, )
September 21, 2012 Opinion or Order 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, )
September 17, 2012 Opinion or Order 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, )
September 17, 2012 Opinion or Order 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, )
September 7, 2012 Opinion or Order 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, )
August 22, 2012 Opinion or Order Filing 536 ATTORNEY Appearance for Receiver Leslie Weiss by Jonathan M. Cyrluk (Cyrluk, Jonathan)
August 15, 2012 Opinion or Order 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, )
August 14, 2012 Opinion or Order 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, )
August 13, 2012 Opinion or Order 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, )
August 10, 2012 Opinion or Order 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)
August 10, 2012 Opinion or Order 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)
August 6, 2012 Opinion or Order 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)
July 30, 2012 Opinion or Order 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, )
July 24, 2012 Opinion or Order 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, )
July 20, 2012 Opinion or Order Filing 528 USCA RECEIVED on 7/20/12 the long record regarding notice of appeal #515 (dj, )
July 20, 2012 Opinion or Order Filing 527 TRANSMITTED to the USCA for the 7th Circuit the long record on appeal #515 (USCA no. 12-2521). (dj, )
July 13, 2012 Opinion or Order Filing 526 RULE TO SHOW CAUSE CIRCUIT RULE 3(c) DOCKETING Statement. (smm)
July 10, 2012 Opinion or Order Filing 525 AFFIDAVIT Accompanying Motion by Defendant Randall Goulding for permission to appeal in forma pauperis. (smm)
July 10, 2012 Opinion or Order 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)
July 10, 2012 Opinion or Order 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, )
July 6, 2012 Opinion or Order Filing 522 STATUS Report by Securities And Exchange Commission (Moye, Robert)
July 5, 2012 Opinion or Order Filing 521 STATUS Report by David Goulding, INC, David Samuel, LLC, Financial Alchemy, LLC, David Samuel Goulding, Randall Goulding (Goulding, Randall)
June 28, 2012 Opinion or Order Filing 520 ACKNOWLEDGEMENT of receipt of short record on appeal regarding notice of appeal #515 ; USCA Case No. 12-2521. (smm)
June 28, 2012 Opinion or Order Filing 519 CIRCUIT Rule 3(b) Notice. (smm)
June 27, 2012 Opinion or Order Filing 518 TRANSMITTED to the 7th Circuit the short record on notice of appeal #515 . Notified counsel (dj, )
June 27, 2012 Opinion or Order Filing 517 NOTICE of Appeal Due letter sent to counsel of record (dj, )
June 27, 2012 Opinion or Order 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, )
June 27, 2012 Opinion or Order Filing 515 NOTICE of appeal by Randall Goulding regarding orders #507 (Goulding, Randall)
June 26, 2012 Opinion or Order 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)
June 21, 2012 Opinion or Order Filing 513 REPLY by Defendant Randall Goulding to response in opposition to motion #509 (Goulding, Randall)
June 20, 2012 Opinion or Order Filing 512 DECLARATION by Defendant Randall Goulding to reply #510 (Goulding, Randall)
June 20, 2012 Opinion or Order Filing 511 EXHIBIT by Defendant Randall Goulding to reply #510 (Goulding, Randall)
June 20, 2012 Opinion or Order Filing 510 REPLY by Defendant Randall Goulding (Goulding, Randall)
June 8, 2012 Opinion or Order 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)
June 8, 2012 Opinion or Order 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)
June 8, 2012 Opinion or Order 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, )
June 1, 2012 Opinion or Order 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, )
May 30, 2012 Opinion or Order Filing 505 STATUS Report by Securities And Exchange Commission (Moye, Robert)
May 25, 2012 Opinion or Order 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)
May 25, 2012 Opinion or Order Filing 503 STATUS Report Supplement by Michael Alonso, Barnes & Thornburg LLP, Leslie Weiss (Miller, Timothy)
May 25, 2012 Opinion or Order Filing 502 STATUS Report by Alan D. Lasko and Lasko & Associates, P.C., Barnes & Thornburg LLP, Randall Goulding, Leslie Weiss (Miller, Timothy)
May 1, 2012 Opinion or Order 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, )
May 1, 2012 Opinion or Order 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, )
April 30, 2012 Opinion or Order 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, )
April 30, 2012 Opinion or Order 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, )
April 25, 2012 Opinion or Order Filing 497 NOTICE by Randall Goulding re reply #495 , affidavit in support of motion #496 To compel Receiver (Goulding, Randall)
April 25, 2012 Opinion or Order 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)
April 24, 2012 Opinion or Order Filing 495 REPLY by Defendant Randall Goulding to motion to compel, #469 , notice of motion #471 (Goulding, Randall)
April 19, 2012 Opinion or Order 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, )
April 17, 2012 Opinion or Order 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, )
April 17, 2012 Opinion or Order Filing 492 RESPONSE by Leslie Weissin Opposition to MOTION by Defendant Randall Goulding to compel the Receiver #469 (Attachments: #1 Exhibit A)(Driscoll, Kevin)
April 12, 2012 Opinion or Order 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, )
April 10, 2012 Opinion or Order Filing 490 NOTICE by Leslie Weiss re reply, #489 (Driscoll, Kevin)
April 10, 2012 Opinion or Order 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)
April 10, 2012 Opinion or Order 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)
April 10, 2012 Opinion or Order Filing 487 MOTION by Receiver Leslie Weiss for attorney fees for Receiver's Twenty-Third Interim Fee Application (Attachments: #1 Exhibit A)(Driscoll, Kevin)
April 3, 2012 Opinion or Order 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, )
April 2, 2012 Opinion or Order 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, )
April 2, 2012 Opinion or Order Filing 484 NOTICE by Randall Goulding re response to motion, #483 (Goulding, Randall)
April 2, 2012 Opinion or Order 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)
March 27, 2012 Opinion or Order Filing 482 NOTICE of Motion by Randall S. Goulding for presentment of (Goulding, Randall)
March 27, 2012 Opinion or Order 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, )
March 27, 2012 Opinion or Order 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, )
March 26, 2012 Opinion or Order 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)
March 22, 2012 Opinion or Order 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)
March 21, 2012 Opinion or Order 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)
March 21, 2012 Opinion or Order 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)
March 16, 2012 Opinion or Order 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)
March 8, 2012 Opinion or Order 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, )
March 7, 2012 Opinion or Order 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)
March 6, 2012 Opinion or Order Filing 472 MOTION by Plaintiff Securities And Exchange Commission for extension of time to respond to motions to deem facts admitted (Moye, Robert)
March 6, 2012 Opinion or Order 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)
March 4, 2012 Opinion or Order Filing 470 NOTICE by Randall Goulding re MOTION by Defendant Randall Goulding to compel the Receiver #469 (Goulding, Randall)
March 4, 2012 Opinion or Order 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)
February 7, 2012 Opinion or Order 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, )
February 3, 2012 Opinion or Order Filing 467 NOTICE of Motion by Randall S. Goulding for presentment of (Goulding, Randall)
February 3, 2012 Opinion or Order 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)
January 27, 2012 Opinion or Order 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)
January 27, 2012 Opinion or Order 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)
January 27, 2012 Opinion or Order 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)
January 27, 2012 Opinion or Order 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)
January 26, 2012 Opinion or Order 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)
January 26, 2012 Opinion or Order Filing 460 NOTICE by Randall Goulding re notice of filing #457 (Goulding, Randall)
January 25, 2012 Opinion or Order 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)
January 24, 2012 Opinion or Order 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)
January 22, 2012 Opinion or Order Filing 457 NOTICE by Randall Goulding re MOTION by Defendant Randall Goulding #456 (Goulding, Randall)
January 22, 2012 Opinion or Order 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)
January 18, 2012 Opinion or Order 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)
January 18, 2012 Opinion or Order 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)
January 9, 2012 Opinion or Order 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)
January 9, 2012 Opinion or Order 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)
January 2, 2012 Opinion or Order 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)
December 30, 2011 Opinion or Order 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)
December 29, 2011 Opinion or Order Filing 448 DECLARATION of Leslie J. Weiss regarding Response #447 (Attachments: #1 Exhibit A-G)(Parker, Rebekah)
December 29, 2011 Opinion or Order Filing 447 RESPONSE by Intervenor Barnes & Thornburg LLP, Receiver Leslie Weiss to memorandum in support of motion,,,,,,,,,,,, #408 (Parker, Rebekah)
December 27, 2011 Opinion or Order 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)
December 27, 2011 Opinion or Order Filing 445 MOTION by Receiver Leslie Weiss to quash Subpoena (Driscoll, Kevin)
December 27, 2011 Opinion or Order Filing 444 REPLY by Randall Goulding to Response #431 , response in opposition to motion, #429 , response in opposition to motion #427 (Franklin, Jamie)
December 22, 2011 Opinion or Order Filing 443 NOTICE by Leslie Weiss re reply #442 (Driscoll, Kevin)
December 22, 2011 Opinion or Order 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)
December 21, 2011 Opinion or Order 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)
December 20, 2011 Opinion or Order 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)
December 16, 2011 Opinion or Order Filing 439 Exhibit 1 to SEC's Motion to Strike David Goulding's Affirmative Defenses by Securities And Exchange Commission (Moye, Robert)
December 16, 2011 Opinion or Order 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)
December 16, 2011 Opinion or Order Filing 437 MOTION by Plaintiff Securities And Exchange Commission to strike David Goulding's Affirmative Defenses (Moye, Robert)
December 16, 2011 Opinion or Order Filing 436 jury trial on all issues NOTICE of Motion by Randall S. Goulding for presentment of (Goulding, Randall)
December 16, 2011 Opinion or Order 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)
December 16, 2011 Opinion or Order 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)
December 16, 2011 Opinion or Order 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)
December 14, 2011 Opinion or Order 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)
December 14, 2011 Opinion or Order Filing 431 RESPONSE by Plaintiff Securities And Exchange Commission to Randall Goulding's Motion for Reconsideration (Moye, Robert)
December 13, 2011 Opinion or Order 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)
December 13, 2011 Opinion or Order 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)
December 13, 2011 Opinion or Order Filing 428 MOTION by Intervenor Barnes & Thornburg LLP, Receiver Leslie Weiss for extension of time and Leave to File an Oversized Response (Parker, Rebekah)
December 13, 2011 Opinion or Order 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)
December 12, 2011 Opinion or Order Filing 426 MOTION by Defendant David Goulding to appoint counsel Notice of Motion (Goulding, Randall)
December 12, 2011 Opinion or Order Filing 425 MOTION by Defendant David Goulding to appoint counsel (Attachments: #1 Declaration)(Goulding, Randall)
December 9, 2011 Opinion or Order 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)
December 9, 2011 Opinion or Order Filing 423 MOTION by Plaintiff Securities And Exchange Commission to strike Defendant David Goulding's Jury Demand (Moye, Robert)
December 6, 2011 Opinion or Order 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, )
December 6, 2011 Opinion or Order 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)
December 4, 2011 Opinion or Order Filing 421 MOTION by Defendant David Goulding to appoint counsel (Attachments: #1 Exhibit, #2 Affidavit)(Goulding, Randall)
November 30, 2011 Opinion or Order 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)
November 30, 2011 Opinion or Order Filing 419 MOTION by counsel for Defendant David Goulding to withdraw as attorney (Kopecky, James)
November 28, 2011 Opinion or Order Filing 418 ANSWER to amended complaint by David Goulding(Conner, Brooke)
November 22, 2011 Opinion or Order 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)
November 16, 2011 Opinion or Order 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)
November 16, 2011 Opinion or Order Filing 413 EXHIBIT 3 by Randall Goulding in Support of Motion for Reconsideration (Franklin, Jamie)
November 16, 2011 Opinion or Order Filing 412 EXHIBIT 2 by Randall Goulding in Support of Motion for Reconsideration (Franklin, Jamie)
November 16, 2011 Opinion or Order 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)
November 16, 2011 Opinion or Order 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)
November 15, 2011 Opinion or Order 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)
November 15, 2011 Opinion or Order Filing 415 ATTORNEY Appearance for Respondent Michael Alonso by Eric W. Berry. (vcf, )
November 10, 2011 Opinion or Order Filing 409 MOTION by Defendant Randall Goulding to appoint counsel (Attachments: #1 Affidavit, #2 Declaration)(Goulding, Randall)
November 10, 2011 Opinion or Order Filing 408