United States Securities and Exchange Commission v. Equitybuild, Inc. et al
| United States Securities and Exchange Commission |
| EQUITYBUILD, INC., Jerome H. Cohen, Shaun D. Cohen and Equitybuild Finance, LLC |
| Kevin B. Duff |
| 1:2018cv05587 |
| August 15, 2018 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Cook |
| John Z Lee |
| Securities/Commodities |
| 15 U.S.C. § 77 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 15, 2023. A more recent docket listing may be available from PACER.
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Filing 85
MOTION by Attorney Ariella O. Guardi to withdraw as attorney for United States Securities and Exchange Commission. (Guardi, Ariella)
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Filing 84
TRANSCRIPT OF PROCEEDINGS held on 8/28/2018 before the Honorable John Z. Lee. 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 11/2/2018. Redacted Transcript Deadline set for 11/13/2018. Release of Transcript Restriction set for 1/10/2019. (Roth, Alexandra)
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Filing 83
REPLY by Jerome H. Cohen, Shaun D. Cohen to response in opposition to motion #75 , MOTION by Defendants Jerome H. Cohen, Shaun D. Cohen for attorney fees First Application for Fees #57 , response in opposition to motion, #68 (Attachments: #1 Exhibit)(Rosenberg, Mark)
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Filing 82
ATTORNEY Appearance for Creditors William Needham, David Trengrove by Richard Steven Lauter (Lauter, Richard)
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Filing 81
ATTORNEY Appearance for Creditors David Trengrove, William Needham by Judith Schwartz Sherwin (Sherwin, Judith)
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Filing 80
Creditor's Statement Concerning Receivership Assets STATEMENT by Federal National Mortgage Association (Nicholson, Jill)
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Filing 79
Creditor 's Statement Concerning Receivership Assets STATEMENT by Wilmington Trust, National Association, as Trustee for the Registered Holders of Wells Fargo Commercial Mortgage Trust 2014-LC16, Commercial Mortgage Pass-Through Certificates, Series 2014-LC16 (Nicholson, Jill)
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Filing 78
ATTORNEY Appearance for Creditor Wilmington Trust, National Association, as Trustee for the Registered Holders of Wells Fargo Commercial Mortgage Trust 2014-LC16, Commercial Mortgage Pass-Through Certificates, Series 2014-LC16 by Andrew Thomas McClain Amended Appearance (McClain, Andrew)
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Filing 77
ATTORNEY Appearance for Creditor Wilmington Trust, National Association, as Trustee for the Registered Holders of Wells Fargo Commercial Mortgage Trust 2014-LC16, Commercial Mortgage Pass-Through Certificates, Series 2014-LC16 by Joanne Lee Amended Appearance (Lee, Joanne) (Docket Text Modified by Clerks Office) (ew, ).
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Filing 76
ATTORNEY Appearance for Creditor Wilmington Trust, National Association, as Trustee for the Registered Holders of Wells Fargo Commercial Mortgage Trust 2014-LC16, Commercial Mortgage Pass-Through Certificates, Series 2014-LC16 by Jill L. Nicholson Amended Apearance (Nicholson, Jill) (Docket Text Modified by Clerks Office) (ew, ).
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Filing 75
RESPONSE by Kevin B. Duffin Opposition to MOTION by Defendants Jerome H. Cohen, Shaun D. Cohen for attorney fees First Application for Fees #57 (Attachments: #1 Exhibit A)(Rachlis, Michael)
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Filing 74
Creditor Statement Concerning Receivership Assets STATEMENT by Midland Loan Services, a Division of PNC Bank, N.A. (Attachments: #1 Exhibit A - D)(Fullerton, Thomas)
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Filing 73
TRANSCRIPT OF PROCEEDINGS held on 8/31/2018 before the Honorable John Z. Lee. 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 10/18/2018. Redacted Transcript Deadline set for 10/29/2018. Release of Transcript Restriction set for 12/26/2018. (Roth, Alexandra)
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Filing 72
ATTORNEY Appearance for Creditor LNR Partners, LLC by Joanne Lee (Lee, Joanne)
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Filing 71
ATTORNEY Appearance for Creditor LNR Partners, LLC by Andrew Thomas McClain (McClain, Andrew)
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Filing 70
ATTORNEY Appearance for Creditor LNR Partners, LLC by Jill L. Nicholson (Nicholson, Jill)
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Filing 69
STATEMENT by Wilmington Trust, National Association, as Trustee for the benefit of the registered holders of UBS Commercial Mortgage Trust 2017-C1, Commercial Mortgage Pass-Through Certificates, Series 2017-C1 Concerning Receivership Assets (Crowley, James)
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Filing 68
RESPONSE by United States Securities and Exchange Commissionin Opposition to MOTION by Defendants Jerome H. Cohen, Shaun D. Cohen for attorney fees First Application for Fees #57 (Attachments: #1 Exhibit 1 (Testimony Transcript Excerpt))(Hanauer, Benjamin)
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Filing 67
ATTORNEY Appearance for Creditor Bluebridge Partners Limited by Thomas E. Patterson (Patterson, Thomas)
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Filing 66
ATTORNEY Appearance for Creditor Bluebridge Partners Limited by Michael Demuri Haeberle (Haeberle, Michael)
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Filing 65
ATTORNEY Appearance for Creditor Wilmington Trust, National Association, as Trustee for the benefit of the registered holders of UBS Commercial Mortgage Trust 2017-C1, Commercial Mortgage Pass-Through Certificates, Series 2017-C1 by Jennifer E. Frick (Frick, Jennifer)
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Filing 64
ATTORNEY Appearance for Creditor Wilmington Trust, National Association, as Trustee for the benefit of the registered holders of UBS Commercial Mortgage Trust 2017-C1, Commercial Mortgage Pass-Through Certificates, Series 2017-C1 by James M. Crowley (Crowley, James)
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Filing 63
ATTORNEY Appearance for Unknown Federal National Mortgage Association by Andrew Thomas McClain (McClain, Andrew)
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Filing 62
ATTORNEY Appearance for Unknown Federal National Mortgage Association by Joanne Lee (Lee, Joanne)
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Filing 61
ATTORNEY Appearance for Unknown Federal National Mortgage Association by Jill L. Nicholson (Nicholson, Jill)
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Filing 60
MINUTE entry before the Honorable John Z. Lee:Mark Rosenberg has filed a motion for allowance of compensation #57 . Any objections to the motion should be filed by 9/27/18. And reply brief should be filed by 10/4/18. No appearance is necessary on the motion. Mailed notice (ca, )
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Filing 59
MINUTE entry before the Honorable John Z. Lee:The preliminary injunction hearing scheduled for 9/17/18 is stricken. Mailed notice (ca, )
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Filing 58
NOTICE of Motion by Mark Louis Rosenberg for presentment of motion for attorney fees #57 before Honorable John Z. Lee on 9/13/2018 at 09:00 AM. (Rosenberg, Mark)
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Filing 57
MOTION by Defendants Jerome H. Cohen, Shaun D. Cohen for attorney fees First Application for Fees (Attachments: #1 Exhibit Exhibit A)(Rosenberg, Mark)
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Filing 56
AGREED Order approving the rates to be charged by receiver's forensic consultants. Signed by the Honorable John Z. Lee on 9/6/18.Mailed notice(ca, )
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Filing 55
MINUTE entry before the Honorable John Z. Lee:Receiver's motion for court approval of the rates to be charged by receiver's forensic consultants #52 is granted. No appearance is required on the motion.Mailed notice (ca, )
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Filing 54
Creditor Liberty EBCP, LLC's Statement Concerning Receivership Assets STATEMENT by Liberty EBCP, LLC (Myers, Jonathan)
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Filing 53
NOTICE of Motion by Nicole Mirjanich for presentment of motion for miscellaneous relief #52 before Honorable John Z. Lee on 9/6/2018 at 09:00 AM. (Mirjanich, Nicole)
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Filing 52
MOTION by Receiver Kevin B. Duff Receiver's Motion For Court Approval Of The Rates To Be Charged By Receiver's Forensic Consultants (Mirjanich, Nicole)
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Filing 51
MINUTE entry before the Honorable John Z. Lee: Motion hearing held. First Application of Braganca Law LLC for allowance of compensation and reimbursement of expenses as counsel to all Defendants for the TRO Hearing and for Compensation and expenses as counsel for Jerome H. Cohen and Shaun D. Cohen concerning entry of the TRO and receivership order #21 is granted as stated in open court. Status hearing set for 11/7/2018 at 9:00 a.m. remains. Mailed notice (np, )
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Filing 50
ATTORNEY Appearance for Creditor Bloomfield Capital Partners, LLC by Nicholas Benjamin Gorga (Gorga, Nicholas)
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Filing 49
ATTORNEY Appearance for Creditor Bloomfield Capital Partners, LLC by Helen Marguerite Hapner (Hapner, Helen)
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Filing 48
RESPONSE by Kevin B. Duffin Opposition to MOTION by Defendants Jerome H. Cohen, Shaun D. Cohen for attorney fees #21 (Rachlis, Michael)
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Filing 47
REPLY by Jerome H. Cohen, Shaun D. Cohen to MOTION by Defendants Jerome H. Cohen, Shaun D. Cohen for attorney fees #21 (Attachments: #1 Certificate of Service)(Braganca, Celiza)
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Filing 46
ATTORNEY Appearance for Creditor Midland Loan Services, a Division of PNC Bank, N.A. by Thomas Bushnell Fullerton (Fullerton, Thomas)
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Filing 45
AGREED order approving the rates to be charged by receiver's accountants and appointing a tax administrator. Signed by the Honorable John Z. Lee on 8/29/18.Mailed notice(ca, )
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Filing 44
MINUTE entry before the Honorable John Z. Lee: Motion Hearing #21 set for 8/31/18 at 10:00 a.m. No appearance is required on 8/29/18.Mailed notice (ca, )
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Filing 43
MINUTE entry before the Honorable John Z. Lee: Braganza Law LLC is directed to file a reply in support of its motion for allowance of the compensation #21 by the end of the day today. The motion hearing set for 8/29/18 is reset to 8/31/18 at 10:00 a.m.Mailed notice (ca, )
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Filing 42
ATTORNEY Appearance for Creditor Cree Capital Ventures, LLC by Robert S. Reda (Reda, Robert)
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Filing 41
ORDER Signed by the Honorable John Z. Lee on 8/28/18. Mailed notice(ca, )
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Filing 40
JUDGMENT as to Defendants Jerome H. Cohen and Shaun D. Cohen Signed by the Honorable John Z. Lee on 8/28/18. Mailed notice(ca, )
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Filing 39
MINUTE entry before the Honorable John Z. Lee:Motion hearing held on 8/28/18. Agreed motion for the Court's approval of forensic collection protocol #27 is granted. Plaintiffs motion for judgment by consent of permanent injunction #29 is granted, and the preliminary injunction hearing scheduled for 9/17/18 and all related dates are hereby stricken as moot. Receiver's motion for Court approval of the rates to be charged by receiver's accountants and to appoint a tax administrator #32 is granted. The SEC requests additional time for the receiver to review the various assets and financial documents. The MIDP deadlines are stayed until 11/7/18. Status hearing set for 11/7/18 at 9:00 a.m. At that time, the parties should be prepared to discuss a schedule to resolve the remaining issues of disgorgement and damages. Mailed notice (ca, )
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Filing 38
RESPONSE by United States Securities and Exchange Commissionin Opposition to MOTION by Defendants Jerome H. Cohen, Shaun D. Cohen for attorney fees #21 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Hanauer, Benjamin)
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Filing 37
ATTORNEY Appearance for Creditor Thorofare Asset Based Lending Reit Fund IV, LLC by William J. Serritella, Jr (Serritella, William)
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Filing 36
STATEMENT by Federal Home Loan Mortgage Corporation Concerning Receivership Assets (Histed, Clifford)
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Filing 35
ATTORNEY Appearance for Unknown Federal Home Loan Mortgage Corporation by Clifford Charles Histed (Histed, Clifford)
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Filing 34
Amended Notice of Motion NOTICE of Motion by Celiza Braganca for presentment of (Braganca, Celiza)
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Filing 33
NOTICE of Motion by Nicole Mirjanich for presentment of motion for miscellaneous relief #32 before Honorable John Z. Lee on 8/28/2018 at 09:00 AM. (Mirjanich, Nicole)
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Filing 32
MOTION by Receiver Kevin B. Duff Receiver's Motion For Court Approval Of The Rates To Be Charged By Receiver's Accountants And To Appoint A Tax Administrator (Mirjanich, Nicole)
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Filing 31
ATTORNEY Appearance for Creditor Liberty EBCP, LLC by Jonathan C Myers (Myers, Jonathan)
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Filing 30
NOTICE of Motion by Benjamin J Hanauer for presentment of motion to approve consent judgment, #29 before Honorable John Z. Lee on 8/28/2018 at 09:00 AM. (Hanauer, Benjamin)
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Filing 29
MOTION by Plaintiff United States Securities and Exchange Commission to approve consent judgment as to Defendants Jerome Cohen and Shaun Cohen (Attachments: #1 Exhibit 1 (Proposed Judgment), #2 Exhibit 2 (Jerome Cohen Consent), #3 Exhibit 3 (Shaun Cohen Consent))(Hanauer, Benjamin)
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Filing 28
NOTICE of Motion by Benjamin J Hanauer for presentment of motion for miscellaneous relief #27 before Honorable John Z. Lee on 8/28/2018 at 09:00 AM. (Hanauer, Benjamin)
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Filing 27
MOTION by Plaintiff United States Securities and Exchange Commissionfor Court's Approval of Forensic Collection Protocol (AGREED MOTION) (Hanauer, Benjamin)
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Filing 26
ATTORNEY Appearance for Defendants Jerome H. Cohen, Shaun D. Cohen by Celiza Braganca (Braganca, Celiza)
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Filing 25
NOTICE of Motion by Celiza Braganca for presentment of motion for attorney fees #21 before Honorable John Z. Lee on 8/29/2018 at 09:00 AM. (Attachments: #1 Certificate of Service)(Braganca, Celiza)
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Filing 24
MINUTE entry before the Honorable John Z. Lee:Motion for leave to appear pro hac vice by Mark Rosenberg #23 is granted. Mailed notice (ca, )
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Filing 23
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-14848554. Motion of Mark Rosenberg to appear pro hac vice (Attachments: #1 Certificate of Service)(Braganca, Celiza)
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Filing 22
MOTION by Defendants Jerome H. Cohen, Shaun D. Cohen for attorney fees Notice of First Application of Jerome Cohen and Shaun Cohen for Attorney's Fees and Expenses (Braganca, Celiza)
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Filing 21
MOTION by Defendants Jerome H. Cohen, Shaun D. Cohen for attorney fees (Attachments: #1 Certificate of Service)(Braganca, Celiza)
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Filing 20
Appearance by Jerome H. Cohen, Shaun D. Cohen (Attachments: #1 Certificate of Service Certificate of Service)(Braganca, Celiza)
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Filing 19
MINUTE entry before the Honorable John Z. Lee:Receiver's motion for Court approval of the rates to be charged by receiver's counsel #17 is granted. No appearance is required on the motion.Mailed notice (ca, )
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Filing 18
NOTICE of Motion by Michael Rachlis for presentment of motion for miscellaneous relief #17 before Honorable John Z. Lee on 8/21/2018 at 09:00 AM. (Rachlis, Michael)
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Filing 17
MOTION by Receiver Kevin B. Duff for Court Approval of the Rates to Be Charged by Receivers Counsel (Attachments: #1 Exhibit A-B)(Rachlis, Michael)
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Filing 16
ORDER appointing receiver Signed by the Honorable John Z. Lee on 8/17/18.Mailed notice(ca, ).
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Filing 15
TEMPORARY Restraining Order Signed by the Honorable John Z. Lee on 8/17/18.Mailed notice(ca, )
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Filing 14
MINUTE entry before the Honorable John Z. Lee:Motion hearing held on 8/17/18. For the reasons stated on the record, Plaintiff's emergency motion for a temporary restraining order to prevent violations of the Federal Securities Laws, to appoint a receiver, and provide for other ancillary relief #3 is granted. Enter temporary restraining order and receiver order. The temporary restraining order will remain in effect until 9/17/18. A Preliminary injunction hearing is scheduled for 9/17/18 at 10:00 a.m. This case will proceed on an expedited schedule. Document requests should be provided by 8/4/18; responses are due by 8/31/17. The parties are to file their witness list by 9/7/18; the depositions should take place the week of September 10, 2018. Mailed notice (ca, )
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Filing 13
ATTORNEY Appearance for Receiver Kevin B. Duff by Nicole Mirjanich (Mirjanich, Nicole)
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Filing 12
ATTORNEY Appearance for Receiver Kevin B. Duff by Michael Rachlis (Rachlis, Michael)
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Filing 11
ATTORNEY Appearance for Plaintiff United States Securities and Exchange Commission by Timothy Jon Stockwell (Stockwell, Timothy)
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Filing 10
MINUTE entry before the Honorable John Z. Lee:Motion for leave to appear pro hace vice by Timothy Stockwell #7 is granted.Mailed notice (ca, )
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Filing 9
NOTICE of Motion by Benjamin J Hanauer for presentment of motion for temporary restraining order #3 before Honorable John Z. Lee on 8/17/2018 at 09:00 AM. (Hanauer, Benjamin)
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Filing 8
NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (pk, )
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Filing 7
MOTION by Plaintiff United States Securities and Exchange Commission for Leave to Appear Pro Hac Vice as Government Attorney (Stockwell, Timothy)
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CASE ASSIGNED to the Honorable John Z. Lee. Designated as Magistrate Judge the Honorable Young B. Kim. (yt)
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Filing 6
ATTORNEY Appearance for Plaintiff United States Securities and Exchange Commission by Ariella Omholt Guardi (Guardi, Ariella)
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Filing 5
AFFIDAVIT by Plaintiff United States Securities and Exchange Commission in Support of MOTION by Plaintiff United States Securities and Exchange Commission for temporary restraining order , Appointment of a Receiver, and Other Relief (EMERGENCY MOTION) #3 (Declaration of Ann Tushaus) (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)(Hanauer, Benjamin)
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Filing 4
MEMORANDUM by United States Securities and Exchange Commission in support of motion for temporary restraining order #3 (Hanauer, Benjamin)
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Filing 3
MOTION by Plaintiff United States Securities and Exchange Commission for temporary restraining order , Appointment of a Receiver, and Other Relief (EMERGENCY MOTION) (Hanauer, Benjamin)
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Filing 2
ATTORNEY Appearance for Plaintiff United States Securities and Exchange Commission by Benjamin J Hanauer (Hanauer, Benjamin)
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Filing 1
COMPLAINT filed by United States Securities and Exchange Commission; Jury Demand. (Attachments: #1 Civil Cover Sheet)(Hanauer, Benjamin)
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