United States Securities and Exchange Commission v. Middlebrooks et al
Plaintiff: United States Securities and Exchange Commission
Defendant: Andrew M. Middlebrooks, EIA All Weather Alpha Fund I Partners, LLC, EIA All Weather Alpha Fund I, LP, Shop Style Shark, LLC and EIA All Weather Alpha Fund Partners II, LLC
Case Number: 2:2022cv11073
Filed: May 18, 2022
Court: US District Court for the Eastern District of Michigan
Presiding Judge: Bernard A Friedman
Referring Judge: Curtis Ivy
Nature of Suit: Securities/Commodities
Cause of Action: 15 U.S.C. § 77 Securities Fraud
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on July 11, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 11, 2022 Opinion or Order Filing 36 ORDER SETTING A HEARING ON RELIEF DEFENDANT'S #27 APPLICATION FOR RELEASE OF FUNDS AND DEFENDANTS' #28 MOTION TO STAY PROCEEDINGS: (Motion Hearing set for 7/27/2022 02:00 PM before District Judge Bernard A. Friedman Courtroom 110). Signed by District Judge Bernard A. Friedman. (JCur)
June 30, 2022 Filing 35 REPLY to Response re #27 Application, filed by Shop Style Shark, LLC. (Rubin, Jorin)
June 29, 2022 Filing 34 REPLY to Response re #28 MOTION to Stay filed by Andrew M. Middlebrooks. (Bullotta, R. Michael)
June 28, 2022 Opinion or Order Filing 33 STIPULATED ORDER extending time for defendants and relief defendants to respond to #1 Complaint. Signed by District Judge Bernard A. Friedman. (Refer to image for details) (JCur)
June 22, 2022 Filing 32 RESPONSE to #29 MOTION to Stay re #28 MOTION to Stay in Concurrence, #28 MOTION to Stay Proceedings filed by United States Securities and Exchange Commission. (Carlyle, Zachary)
June 21, 2022 Filing 31 RESPONSE to re #27 Application, Response in Opposition to Relief Defendant Shop Style Shark LLC's Application for Release of Funds for Payment of Dionne Middlebrook's Daily Living Expenses filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit May 30, 2022 email, #2 Exhibit June 6, 2022 email) (Carlyle, Zachary)
June 8, 2022 Filing 30 CERTIFICATE of Service/Summons Returned Executed. All Defendants. (Attachments: #1 Exhibit Emails to A. Middlebrooks, #2 Exhibit Emails to D. Middlebrooks, #3 Exhibit Returns of Service) (Carlyle, Zachary)
June 8, 2022 Filing 29 MOTION to Stay re #28 MOTION to Stay in Concurrence by Shop Style Shark, LLC. (Rubin, Jorin)
June 8, 2022 Filing 28 MOTION to Stay by EIA All Weather Alpha Fund I Partners, LLC, Andrew M. Middlebrooks. (Bullotta, R. Michael)
June 7, 2022 Filing 27 APPLICATION for Release of Funds for Payment of Dionne Middlebrooks Daily Living Expenses by Shop Style Shark, LLC. (Attachments: #1 Index of Exhibits, #2 Exhibit Affidavit of Dionne Middlebrooks, #3 Exhibit June 1, 2022 Order, #4 Exhibit Relief Defendant's Budget) (Rubin, Jorin)
June 1, 2022 Opinion or Order Filing 26 STIPULATED ORDER GRANTING #23 PRELIMINARY INJUNCTION, ASSET FREEZE, AND OTHER RELIEF and vacating 6/2/2022 preliminary injunction show cause hearing. Signed by District Judge Bernard A. Friedman. (JCur)
May 31, 2022 Filing 25 NOTICE of Appearance by Kenneth E. Stalzer on behalf of United States Securities and Exchange Commission. (Stalzer, Kenneth)
May 31, 2022 Filing 24 NOTICE of Appearance by Jorin G. Rubin on behalf of Shop Style Shark, LLC. (Rubin, Jorin)
May 27, 2022 Filing 23 Joint MOTION for Order for Stipulated Preliminary Injunction by United States Securities and Exchange Commission. (Attachments: #1 Exhibit Proposed Stipulated Order) (Carlyle, Zachary)
May 27, 2022 Filing 22 NOTICE of Appearance by R. Michael Bullotta on behalf of EIA All Weather Alpha Fund I Partners, LLC. (Bullotta, R. Michael)
May 26, 2022 Filing 21 ATTORNEY APPEARANCE: Susan K. DeClercq appearing on behalf of United States Securities and Exchange Commission (DeClercq, Susan)
May 25, 2022 Filing 20 NOTICE of Appearance by R. Michael Bullotta on behalf of Andrew M. Middlebrooks. (Bullotta, R. Michael)
May 24, 2022 Opinion or Order Filing 19 ORDER granting #18 Motion to Unseal Unseal Entire Case File. Signed by District Judge Bernard A. Friedman. (SSch)
May 23, 2022 Filing 18 MOTION to Unseal #16 Order Unseal Entire Case File by United States Securities and Exchange Commission. (Carlyle, Zachary)
May 19, 2022 Opinion or Order Filing 17 ORDER GRANTING PLAINTIFF UNITED STATES SECURITIES AND EXCHANGE COMMISSION'S #11 MOTION TO FILE BRIEF OVER THE PAGE LIMIT. Signed by District Judge Bernard A. Friedman. (JCur)
May 19, 2022 Opinion or Order Filing 16 ORDER GRANTING PLAINTIFF UNITED STATES SECURITIES AND EXCHANGE COMMISSION'S MOTION TO FILE PAPERS UNDER SEAL. Signed by District Judge Bernard A. Friedman. (JCur)
May 19, 2022 Opinion or Order Filing 15 TEMPORARY RESTRAINING ORDER, ASSET FREEZE ORDER, AND ORDER PROVIDING OTHER EMERGENCY RELIEF: (In-PERSON Show Cause Hearing set for 6/2/2022 04:00 PM before District Judge Bernard A. Friedman, Courtroom 110) Signed by District Judge Bernard A. Friedman. (JCur)
May 19, 2022 SEALED TEXT-ONLY CERTIFICATE OF SERVICE re #16 Order, #15 Temporary Restraining Order, #17 Order on Motion for Leave to File Excess Pages on AUSA Zachary T. Carlyle by electronic mail at Securities and Exchange Commission, 1961 Stout Street, Ste 1700, Denver, CO 80294-1961. (JCur)
May 18, 2022 Filing 14 EXHIBIT A Ricchiute Decl. re #4 Ex Parte MOTION for Temporary Restraining Order , an Asset Freeze, and Other Emergency Ancillary Relief by United States Securities and Exchange Commission (Attachments: #1 Exhibit 15 to Ex. A Ricchiute Decl., #2 Exhibit 16 to Ex. A Ricchiute Decl., #3 Exhibit 17 to Ex. A Ricchiute Decl., #4 Exhibit 18 to Ex. A Ricchiute Decl., #5 Exhibit 19 to Ex. A Ricchiute Decl., #6 Exhibit 20 to Ex. A Ricchiute Decl., #7 Exhibit 21 to Ex. A Ricchiute Decl., #8 Exhibit 22 to Ex. A Ricchiute Decl., #9 Exhibit 23 to Ex. A Ricchiute Decl., #10 Exhibit 24 to Ex. A Ricchiute Decl., #11 Exhibit 25 to Ex. A Ricchiute Decl., #12 Exhibit 26 to Ex. A Ricchiute Decl., #13 Exhibit 27 to Ex. A Ricchiute Decl., #14 Exhibit 28 to Ex. A Ricchiute Decl., #15 Exhibit 29 to Ex. A Ricchiute Decl., #16 Exhibit 30 to Ex. A Ricchiute Decl., #17 Exhibit 31 to Ex. A Ricchiute Decl., #18 Exhibit 32 to Ex. A Ricchiute Decl., #19 Exhibit 33 to Ex. A Ricchiute Decl., #20 Exhibit 34 to Ex. A Ricchiute Decl., #21 Exhibit 35 to Ex. A Ricchiute Decl.) (Carlyle, Zachary)
May 18, 2022 Filing 13 EXHIBIT A Ricchiute Decl. re #4 Ex Parte MOTION for Temporary Restraining Order , an Asset Freeze, and Other Emergency Ancillary Relief by United States Securities and Exchange Commission (Attachments: #1 Exhibit 1 to Ex. A Ricchiute Decl., #2 Exhibit 2 to Ex. A Ricchiute Decl., #3 Exhibit 3 to Ex. A Ricchiute Decl., #4 Exhibit 4 to Ex. A Ricchiute Decl., #5 Exhibit 5 to Ex. A Ricchiute Decl., #6 Exhibit 6 to Ex. A Ricchiute Decl., #7 Exhibit 7 to Ex. A Ricchiute Decl., #8 Exhibit 8 to Ex. A Ricchiute Decl., #9 Exhibit 9 to Ex. A Ricchiute Decl., #10 Exhibit 10 to Ex. A Ricchiute Decl., #11 Exhibit 11 to Ex. A Ricchiute Decl., #12 Exhibit 12 to Ex. A Ricchiute Decl., #13 Exhibit 13 to Ex. A Ricchiute Decl., #14 Exhibit 14 to Ex. A Ricchiute Decl.) (Carlyle, Zachary)
May 18, 2022 Filing 12 DECLARATION by Ex. A Marc Ricchiute re #4 Ex Parte MOTION for Temporary Restraining Order , an Asset Freeze, and Other Emergency Ancillary Relief and Brief in Support filed by United States Securities and Exchange Commission (Carlyle, Zachary)
May 18, 2022 Filing 11 MOTION for Leave to File Excess Pages of TRO Brief in Support of Ex Parte Emergency Motion for Temporary Restraining Order by United States Securities and Exchange Commission. (Carlyle, Zachary)
May 18, 2022 Filing 10 DECLARATION by Ex. G Ali Nazari re #4 Ex Parte MOTION for Temporary Restraining Order , an Asset Freeze, and Other Emergency Ancillary Relief and Brief in Support filed by United States Securities and Exchange Commission (Carlyle, Zachary)
May 18, 2022 Filing 9 DECLARATION by Ex. F Ray Gunn re #4 Ex Parte MOTION for Temporary Restraining Order , an Asset Freeze, and Other Emergency Ancillary Relief and Brief in Support filed by United States Securities and Exchange Commission (Carlyle, Zachary)
May 18, 2022 Filing 8 DECLARATION by Ex. B Tracy Bowen re #4 Ex Parte MOTION for Temporary Restraining Order , an Asset Freeze, and Other Emergency Ancillary Relief and Brief in Support filed by United States Securities and Exchange Commission (Attachments: #1 Exhibit 1 to Ex. B Bowen Decl., #2 Exhibit 2 to Ex. B Bowen Decl., #3 Exhibit 3 to Ex. B Bowen Decl.) (Carlyle, Zachary)
May 18, 2022 Filing 7 DECLARATION by Ex. C David Simkins re #4 Ex Parte MOTION for Temporary Restraining Order , an Asset Freeze, and Other Emergency Ancillary Relief and Brief in Support filed by United States Securities and Exchange Commission (Attachments: #1 Exhibit 1 to Ex. C Simkins Decl., #2 Exhibit 2 to Ex. C Simkins Decl., #3 Exhibit 3 to Ex. C Simkins Decl., #4 Exhibit 4 to Ex. C Simkins Decl., #5 Exhibit 5 to Ex. C Simkins Decl., #6 Exhibit 6 to Ex. C Simkins Decl., #7 Exhibit 7 to Ex. C Simkins Decl., #8 Exhibit 8 to Ex. C Simkins Decl., #9 Exhibit 9 to Ex. C Simkins Decl., #10 Exhibit 10 to Ex. C Simkins Decl., #11 Exhibit 11 to Ex. C Simkins Decl., #12 Exhibit 12 to Ex. C Simkins Decl., #13 Exhibit 13 to Ex. C Simkins Decl., #14 Exhibit 14 to Ex. C Simkins Decl., #15 Exhibit 15 to Ex. C Simkins Decl., #16 Exhibit 16 to Ex. C Simkins Decl., #17 Exhibit 17 to Ex. C Simkins Decl., #18 Exhibit 18 to Ex. C Simkins Decl., #19 Exhibit 19 to Ex. C Simkins Decl., #20 Exhibit 20 to Ex. C Simkins Decl., #21 Exhibit 21 to Ex. C Simkins Decl., #22 Exhibit 22 to Ex. C Simkins Decl., #23 Exhibit 23 to Ex. C Simkins Decl., #24 Exhibit 24 to Ex. C Simkins Decl.) (Carlyle, Zachary)
May 18, 2022 Filing 6 DECLARATION by Ex. D Andrew Kingston re #4 Ex Parte MOTION for Temporary Restraining Order , an Asset Freeze, and Other Emergency Ancillary Relief and Brief in Support filed by United States Securities and Exchange Commission (Attachments: #1 Exhibit 1 to Ex. D Kingston Decl., #2 Exhibit 2 to Ex. D Kingston Decl., #3 Exhibit 3 to Ex. D Kingston Decl., #4 Exhibit 4 to Ex. D Kingston Decl., #5 Exhibit 5 to Ex. D Kingston Decl., #6 Exhibit 6 to Ex. D Kingston Decl., #7 Exhibit 7 to Ex. D Kingston Decl., #8 Exhibit 8 to Ex. D Kingston Decl., #9 Exhibit 9 to Ex. D Kingston Decl., #10 Exhibit 10 to Ex. D Kingston Decl., #11 Exhibit 11 to Ex. D Kingston Decl., #12 Exhibit 12 to Ex. D Kingston Decl., #13 Exhibit 13 to Ex. D Kingston Decl., #14 Exhibit 14 to Ex. D Kingston Decl., #15 Exhibit 15 to Ex. D Kingston Decl., #16 Exhibit 16 to Ex. D Kingston Decl., #17 Exhibit 17 to Ex. D Kingston Decl., #18 Exhibit 18 to Ex. D Kingston Decl., #19 Exhibit 19 to Ex. D Kingston Decl., #20 Exhibit 20 to Ex. D Kingston Decl., #21 Exhibit 21 to Ex. D Kingston Decl., #22 Exhibit 22 to Ex. D Kingston Decl., #23 Exhibit 23 to Ex. D Kingston Decl., #24 Exhibit 24 to Ex. D Kingston Decl., #25 Exhibit 25 to Ex. D Kingston Decl., #26 Exhibit 26 to Ex. D Kingston Decl.) (Carlyle, Zachary)
May 18, 2022 Filing 5 DECLARATION by Ex. E Robert Yurglich re #4 Ex Parte MOTION for Temporary Restraining Order , an Asset Freeze, and Other Emergency Ancillary Relief and Brief in Support filed by United States Securities and Exchange Commission (Attachments: #1 Exhibit Ex. 1 to Ex. E Yurglich Decl., #2 Exhibit Ex. 2 to Ex. E Yurglich Decl., #3 Exhibit Ex. 3 to Ex. E Yurglich Decl., #4 Exhibit Ex. 4 to Ex. E Yurglich Decl., #5 Exhibit Ex. 5 to Ex. E Yurglich Decl., #6 Exhibit Ex. 6 to Ex. E Yurglich Decl.) (Carlyle, Zachary)
May 18, 2022 Filing 4 Ex Parte MOTION for Temporary Restraining Order , an Asset Freeze, and Other Emergency Ancillary Relief by United States Securities and Exchange Commission. (Attachments: #1 Exhibit Ex. 1 to Motion: Proposed Order, #2 Exhibit Ex. 2 to Motion: Rule 65 Certification) (Carlyle, Zachary)
May 18, 2022 Filing 3 MOTION to Seal by United States Securities and Exchange Commission. (Attachments: #1 Ex Parte Motion for TRO and Brief In Support, #2 Proposed TRO and Asset Freeze Order, #3 Rule 65 Certification, #4 Exhibit Exhibit to Brief In Support of Motion to TRO - Ex A. Marc Ricchiute Declaration, #5 Ex. 1 to Ricchiute Declaration, #6 Ex. 2 to Ricchiute Declaration, #7 Ex. 3 to Ricchiute Declaration, #8 Ex. 4 to Ricchiute Declaration, #9 Ex. 5 to Ricchiute Declaration, #10 Ex. 6 to Ricchiute Declaration, #11 Ex. 7 to Ricchiute Declaration, #12 Ex. 8 to Ricchiute Declaration, #13 Ex. 9 to Ricchiute Declaration, #14 Ex. 10 to Ricchiute Declaration, #15 Ex. 11 to Ricchiute Declaration, #16 Ex. 12 to Ricchiute Declaration, #17 Ex. 13 to Ricchiute Declaration, #18 Ex. 14 to Ricchiute Declaration, #19 Ex. 15 to Ricchiute Declaration, #20 Ex. 16 to Ricchiute Declaration, #21 Ex. I7 to Ricchiute Declaration, #22 Ex. 22 to Ricchiute Declaration, #23 Ex. 23 to Ricchiute Declaration, #24 Ex. 24 to Ricchiute Declaration, #25 Ex. 25 to Ricchiute Declaration, #26 Ex. 26 to Ricchiute Declaration, #27 Ex. 27 to Ricchiute Declaration, #28 Ex. 28 to Ricchiute Declaration, #29 Ex. 29 to Ricchiute Declaration, #30 Ex. 30 to Ricchiute Declaration, #31 Ex. 31 to Ricchiute Declaration, #32 Ex. 32 to Ricchiute Declaration, #33 Ex. 33 to Ricchiute Declaration, #34 Ex. 35 to Ricchiute Declaration, #35 Exhibit to Brief In Support of Motion to TRO - Ex B. Tracy Bowen Declaration, #36 Ex. 1 to Bowen Declaration, #37 Ex. 2 to Bowen Declaration, #38 Ex. 3 to Bowen Declaration, #39 Exhibit to Brief In Support of Motion to TRO - Ex C David Simkins Declaration, #40 Ex. 1 to Simkins Declaration, #41 Ex. 2 to Simkins Declaration, #42 Ex. 3 to Simkins Declaration, #43 Ex. 4 to Simkins Declaration, #44 Ex. 5 to Simkins Declaration, #45 Ex. 6 to Simkins Declaration, #46 Ex. 7 to Simkins Declaration, #47 Ex. 8 to Simkins Declaration, #48 Ex. 9 to Simkins Declaration, #49 Ex. 10 to Simkins Declaration, #50 Ex. 11 to Simkins Declaration, #51 Ex. 12 to Simkins Declaration, #52 Ex. 13 to Simkins Declaration, #53 Ex. 14 to Simkins Declaration, #54 Ex. 15 to Simkins Declaration, #55 Ex. 16 to Simkins Declaration, #56 Ex. 17 to Simkins Declaration, #57 Ex. 18 to Simkins Declaration, #58 Ex. 19 to Simkins Declaration, #59 Ex. 20 to Simkins Declaration, #60 Ex. 21 to Simkins Declaration, #61 Ex. 22 to Simkins Declaration, #62 Ex. 23 to Simkins Declaration, #63 Ex. 24 to Simkins Declaration, #64 Exhibit to Brief In Support of Motion to TRO - Ex D Andrew Kingston Declaration, #65 Ex. 1 to Kingston Declaration, #66 Ex. 2 to Kingston Declaration, #67 Ex. 3 to Kingston Declaration, #68 Ex. 4 to Kingston Declaration, #69 Ex. 5 to Kingston Declaration, #70 Ex. 6 to Kingston Declaration, #71 Ex. 7 to Kingston Declaration, #72 Ex. 8 to Kingston Declaration, #73 Ex. 9 to Kingston Declaration, #74 Ex. 11 to Kingston Declaration, #75 Ex. 12 to Kingston Declaration, #76 Ex. 13 to Kingston Declaration, #77 Ex. 14 to Kingston Declaration, #78 Ex. 15 to Kingston Declaration, #79 Ex. 16 to Kingston Declaration, #80 Ex. 17 to Kingston Declaration, #81 Ex. 18 to Kingston Declaration, #82 Ex. 19 to Kingston Declaration, #83 Ex. 20 to Kingston Declaration, #84 Ex. 21 to Kingston Declaration, #85 Ex. 22 to Kingston Declaration, #86 Ex. 23 to Kingston Declaration, #87 Ex. 24 to Kingston Declaration, #88 Ex. 25 to Kingston Declaration, #89 Ex. 26 to Kingston Declaration, #90 Exhibit to Brief In Support of Motion to TRO - Ex E Robert Yurglich Declaration, #91 Ex. 1 to Yurglich Declaration, #92 Ex. 2 to Yurglich Declaration, #93 Ex. 3 to Yurglich Declaration, #94 Ex. 4 to Yurglich Declaration, #95 Ex. 5 to Yurglich Declaration, #96 Ex. 6 to Yurglich Declaration, #97 Exhibit to Brief In Support of Motion to TRO - Ex F Ray Gunn Declaration, #98 Exhibit to Brief In Support of Motion to TRO - Ex G Ali Nazari Declaration, #99 Motion to File Brief Over the Page Limit and Brief In Support, #100 Proposed Order Re Motion to File Brief Over Page Limit, #101 Ex 34 to Ricchiute Declaration, #102 Ex I8 to Ricchiute Declaration, #103 Ex I9 to Ricchiute Declaration, #104 Ex 20 to Ricchiute Declaration, #105 Ex 21 to Ricchiute Declaration, #106 Ex. 10 to Kingston Declaration) (Carlyle, Zachary)
May 18, 2022 Filing 2 SUMMONS Issued for * All Defendants * (DPer)
May 18, 2022 Filing 1 COMPLAINT filed by United States Securities and Exchange Commission against Andrew M. Middlebrooks, EIA All Weather Alpha Fund I Partners, LLC, EIA All Weather Alpha Fund I, LP, Shop Style Shark, LLC, EIA All Weather Alpha Fund Partners II, LLC with Jury Demand. Plaintiff requests summons issued. No Fee Required - US Government. County of 1st Plaintiff: Denver - County Where Action Arose: Novi - County of 1st Defendant: Dallas. [Previously dismissed case: No] [Possible companion case(s): None] (Carlyle, Zachary)
May 18, 2022 A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at #http://www.mied.uscourts.gov (DPer)
May 18, 2022 Opinion or Order TEXT-ONLY ORDER granting #3 MOTION to Seal filed by United States Securities and Exchange Commission. IT IS FURTHER ORDERED that each motion and relative exhibits be filed separately. Entered by District Judge Bernard A. Friedman. (JCur)

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Search for this case: United States Securities and Exchange Commission v. Middlebrooks et al
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Plaintiff: United States Securities and Exchange Commission
Represented By: Zachary T Carlyle
Represented By: Susan K. DeClercq
Represented By: Kenneth E. Stalzer
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Defendant: Andrew M. Middlebrooks
Represented By: R. Michael Bullotta
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Defendant: EIA All Weather Alpha Fund I Partners, LLC
Represented By: R. Michael Bullotta
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Defendant: EIA All Weather Alpha Fund I, LP
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Defendant: Shop Style Shark, LLC
Represented By: Jorin G. Rubin
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Defendant: EIA All Weather Alpha Fund Partners II, LLC
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