Securities & Exchange Commission v. Auctus Fund Management, LLC et al
Plaintiff: Securities & Exchange Commission
Defendant: Auctus Fund Management, LLC, Louis J Posner, Alfred Sollami and Auctus Fund LLC
Amicus Curiae: Alternative Investment Management Association, Ltd., Trading and Markets Project, Inc. and National Association of Private Fund Managers
Case Number: 1:2023cv11233
Filed: June 1, 2023
Court: US District Court for the District of Massachusetts
Presiding Judge: Angel Kelley
Nature of Suit: Securities/Commodities
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 10, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 10, 2023 Filing 40 MOTION for Leave to File Notice of Supplemental Authority (Unopposed Motion) by Auctus Fund LLC, Auctus Fund Management, LLC, Louis J Posner, Alfred Sollami. (Attachments: #1 Exhibit 1 - (Proposed) Notice of Supplemental Authority)(Walker, Helgi)
October 27, 2023 Filing 39 REPLY to Response to #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Auctus Fund LLC, Auctus Fund Management, LLC, Louis J Posner, Alfred Sollami. (Goldsmith, Barry)
October 6, 2023 Filing 38 Opposition re #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Securities & Exchange Commission. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Moran, Michael)
October 2, 2023 Filing 37 AMICUS BRIEF filed by Alternative Investment Management Association, Ltd., National Association of Private Fund Managers, Trading and Markets Project, Inc. . (Gillett, Gabriel)
October 2, 2023 Filing 36 NOTICE of Appearance by Gabriel K. Gillett on behalf of Alternative Investment Management Association, Ltd., National Association of Private Fund Managers, Trading and Markets Project, Inc. (Gillett, Gabriel)
September 29, 2023 Filing 35 District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING #31 Unopposed Motion for Leave to File Amici Curiae Brief in Support of Defendants' Motion to Dismiss. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order) - in the caption of the document. (Pacho, Arnold)
September 18, 2023 Filing 34 RESPONSE to Motion re #31 MOTION for Leave to File / Unopposed Motion for Leave to File Amici Curiae Brief in Support of Defendants' Motion to Dismiss filed by Securities & Exchange Commission. (Kelly, Rua)
September 18, 2023 Filing 33 District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING #29 Motion for Leave to Appear Pro Hac Vice. Added Gabriel K. Gillett. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Pacho, Arnold)
September 15, 2023 Filing 32 CORPORATE DISCLOSURE STATEMENT by Alternative Investment Management Association, Ltd., National Association of Private Fund Managers, Trading and Markets Project, Inc.. (Pillay, Shoba)
September 15, 2023 Filing 31 MOTION for Leave to File / Unopposed Motion for Leave to File Amici Curiae Brief in Support of Defendants' Motion to Dismiss by Alternative Investment Management Association, Ltd., National Association of Private Fund Managers, Trading and Markets Project, Inc.. (Attachments: #1 Brief of Amici Curiae)(Pillay, Shoba)
September 15, 2023 Filing 30 NOTICE OF ATTORNEY PAYMENT OF FEES as to #29 MOTION for Admission Pro Hac Vice for Gabriel K. Gillett by Amicus Parties Alternative Investment Management Association, Ltd., National Association of Private Fund Managers, Trading and Markets Project, Inc.. Filing fee $ 125, receipt number AMADC-10039258. Payment Type : PRO HAC VICE. (Pillay, Shoba)
September 14, 2023 Filing 29 MOTION for Admission Pro Hac Vice for Gabriel K. Gillett by Alternative Investment Management Association, Ltd., National Association of Private Fund Managers, Trading and Markets Project, Inc..(Pillay, Shoba) Modified ECF event on 9/18/2023. (Pacho, Arnold).
September 14, 2023 Filing 28 Amicus Curiae APPEARANCE entered by Shoba Pillay on behalf of Alternative Investment Management Association, Ltd., Trading and Markets Project, Inc., National Association of Private Fund Managers. (Pillay, Shoba)
September 8, 2023 Filing 27 APPENDIX/EXHIBIT re #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Auctus Fund LLC, Auctus Fund Management, LLC, Louis J Posner, Alfred Sollami. (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)(Greenberg, Gary)
September 8, 2023 Filing 26 MEMORANDUM in Support re #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Auctus Fund LLC, Auctus Fund Management, LLC, Louis J Posner, Alfred Sollami. (Greenberg, Gary)
September 8, 2023 Filing 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Auctus Fund LLC, Auctus Fund Management, LLC, Louis J Posner, Alfred Sollami.(Greenberg, Gary)
July 7, 2023 Filing 24 District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING #23 Joint MOTION for Leave to File Excess Pages for Defendants' Motion to Dismiss. (Pacho, Arnold)
June 29, 2023 Filing 23 Joint MOTION for Leave to File Excess Pages for Defendants' Motion to Dismiss by Auctus Fund LLC, Auctus Fund Management, LLC, Louis J Posner, Alfred Sollami.(Seibald, M.)
June 13, 2023 Filing 22 District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING #16 Joint Motion for Briefing Schedule for Defendants' Motion to Dismiss. Defendants Motion to Dismiss and accompanying Memorandum of Law September 8, 2023. SECs Opposition to Defendants Motion to Dismiss - October 6, 2023. Defendants Reply in Support of their Motion to Dismiss - October 27, 2023. (Pacho, Arnold)
June 13, 2023 Filing 21 District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING #15 Motion for Leave to Appear Pro Hac Vice. Added Marshall R. King. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Pacho, Arnold)
June 13, 2023 Filing 20 District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING #14 Motion for Leave to Appear Pro Hac Vice. Added Barry R. Goldsmith. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Pacho, Arnold)
June 13, 2023 Filing 19 District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING #13 Motion for Leave to Appear Pro Hac Vice. Added Brian A. Richman. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account. You must put the docket number on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Pacho, Arnold)
June 13, 2023 Filing 18 District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING #12 Motion for Leave to Appear Pro Hac Vice. Added Helgi C. Walker. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Pacho, Arnold)
June 13, 2023 Filing 17 District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING #11 Motion for Leave to Appear Pro Hac Vice. Added M. Jonathan Seibald. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Pacho, Arnold)
June 9, 2023 Filing 16 Joint MOTION for Proposed Briefing Schedule for Defendants' Motion to Dismiss by Auctus Fund LLC, Auctus Fund Management, LLC, Louis J Posner, Alfred Sollami.(Greenberg, Gary)
June 9, 2023 Filing 15 MOTION for Leave to Appear Pro Hac Vice for admission of Marshall R. King Filing fee: $ 125, receipt number AMADC-9897924 by Auctus Fund LLC, Auctus Fund Management, LLC, Louis J Posner, Alfred Sollami. (Attachments: #1 Declaration)(Greenberg, Gary)
June 9, 2023 Filing 14 MOTION for Leave to Appear Pro Hac Vice for admission of Barry R. Goldsmith Filing fee: $ 125, receipt number AMADC-9897759 by Auctus Fund LLC, Auctus Fund Management, LLC, Louis J Posner, Alfred Sollami. (Attachments: #1 Declaration)(Greenberg, Gary)
June 9, 2023 Filing 13 MOTION for Leave to Appear Pro Hac Vice for admission of Brian A. Richman Filing fee: $ 125, receipt number AMADC-9897750 by Auctus Fund LLC, Auctus Fund Management, LLC, Louis J Posner, Alfred Sollami. (Attachments: #1 Declaration)(Greenberg, Gary)
June 9, 2023 Filing 12 MOTION for Leave to Appear Pro Hac Vice for admission of Helgi C. Walker Filing fee: $ 125, receipt number AMADC-9897733 by Auctus Fund LLC, Auctus Fund Management, LLC, Louis J Posner, Alfred Sollami. (Attachments: #1 Declaration)(Greenberg, Gary)
June 9, 2023 Filing 11 MOTION for Leave to Appear Pro Hac Vice for admission of Jonathan Seibald Filing fee: $ 125, receipt number AMADC-9897640 by Auctus Fund LLC, Auctus Fund Management, LLC, Louis J Posner, Alfred Sollami. (Attachments: #1 Declaration)(Greenberg, Gary)
June 9, 2023 Filing 10 NOTICE of Appearance by Gary R. Greenberg on behalf of Auctus Fund LLC, Auctus Fund Management, LLC, Louis J Posner, Alfred Sollami (Greenberg, Gary)
June 8, 2023 Filing 9 WAIVER OF SERVICE Returned Executed by Securities & Exchange Commission. Auctus Fund LLC waiver sent on 6/6/2023, answer due 8/7/2023. (Kelly, Rua)
June 8, 2023 Filing 8 WAIVER OF SERVICE Returned Executed by Securities & Exchange Commission. Alfred Sollami waiver sent on 6/6/2023, answer due 8/7/2023. (Kelly, Rua)
June 8, 2023 Filing 7 WAIVER OF SERVICE Returned Executed by Securities & Exchange Commission. Louis J Posner waiver sent on 6/6/2023, answer due 8/7/2023. (Kelly, Rua)
June 8, 2023 Filing 6 WAIVER OF SERVICE Returned Executed by Securities & Exchange Commission. Auctus Fund Management, LLC waiver sent on 6/6/2023, answer due 8/7/2023. (Kelly, Rua)
June 2, 2023 Filing 5 NOTICE of Appearance by Michael Paul Franck on behalf of Securities & Exchange Commission (Franck, Michael)
June 1, 2023 Filing 4 NOTICE of Appearance by Michael C. Moran on behalf of Securities & Exchange Commission (Moran, Michael)
June 1, 2023 Filing 3 Summons Issued as to Auctus Fund LLC, Auctus Fund Management, LLC, Louis J Posner, Alfred Sollami. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Dore, Samantha)
June 1, 2023 Filing 2 ELECTRONIC NOTICE of Case Assignment. District Judge Angel Kelley assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Finn, Mary)
June 1, 2023 Filing 1 COMPLAINT against All Defendants (Fee Status: US Government), filed by Securities & Exchange Commission. (Attachments: #1 Exhibit A to Complaint, #2 Civil Cover Sheet, #3 Category Form)(Kelly, Rua)

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Search for this case: Securities & Exchange Commission v. Auctus Fund Management, LLC et al
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Plaintiff: Securities & Exchange Commission
Represented By: Rua M. Kelly
Represented By: Michael C. Moran
Represented By: Michael Paul Franck
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Defendant: Auctus Fund Management, LLC
Represented By: Barry Goldsmith
Represented By: Brian A. Richman
Represented By: Helgi C. Walker
Represented By: M. Jonathan Seibald
Represented By: Marshall R. King
Represented By: Gary R. Greenberg
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Defendant: Louis J Posner
Represented By: Brian A. Richman
Represented By: Barry Goldsmith
Represented By: Helgi C. Walker
Represented By: M. Jonathan Seibald
Represented By: Marshall R. King
Represented By: Gary R. Greenberg
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Defendant: Alfred Sollami
Represented By: Marshall R. King
Represented By: Gary R. Greenberg
Represented By: Barry Goldsmith
Represented By: Brian A. Richman
Represented By: Helgi C. Walker
Represented By: M. Jonathan Seibald
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Defendant: Auctus Fund LLC
Represented By: Barry Goldsmith
Represented By: Brian A. Richman
Represented By: M. Jonathan Seibald
Represented By: Marshall R. King
Represented By: Helgi C. Walker
Represented By: Gary R. Greenberg
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Amicus curiae: Alternative Investment Management Association, Ltd.
Represented By: Gabriel K. Gillett
Represented By: Shoba Pillay
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Amicus curiae: Trading and Markets Project, Inc.
Represented By: Gabriel K. Gillett
Represented By: Shoba Pillay
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Amicus curiae: National Association of Private Fund Managers
Represented By: Shoba Pillay
Represented By: Gabriel K. Gillett
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