United States Securities and Exchange Commission v. CapSource, Inc. et al
Plaintiff: Securities and Exchange Commission
Defendant: Gregory P Herlean, CapSource, Inc. and Stephen J Byrne
Interested Party: Geoff Winkler
Case Number: 2:2020cv02303
Filed: December 21, 2020
Court: US District Court for the District of Nevada
Presiding Judge: Daniel J Albregts
Referring Judge: Richard F Boulware
Nature of Suit: Securities/Commodities
Cause of Action: 15 U.S.C. § 77 Securities Fraud
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 1, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 12, 2022 Filing 19 NON-OPPOSITION to #18 Motion, by Plaintiff Securities and Exchange Commission. (Miller, Terry)
September 7, 2022 Filing 18 MOTION Court-Appointed Receiver Geoff Winklers Motion for Order Authorizing Receiver to Employ Counsel by Interested Party Geoff Winkler. Responses due by 9/21/2022. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hendricks, Kara) (misc) (presiding)
August 26, 2022 Opinion or Order Filing 17 ORDER Appointing Receiver. Pages 9 and 10 Amended by the Court. Signed by Magistrate Judge Daniel J. Albregts on 8/26/2022. (Copies have been distributed pursuant to the NEF - TRW)
August 1, 2022 Filing 16 Fourth STATUS REPORT by Interested Party Geoff Winkler.. (Koch, David)
July 5, 2022 Filing 15 Submission of PROPOSED ORDER on #14 Order on Motion to Appoint Receiver,,,, Set/Reset Deadlines & Hearings, by Plaintiff Securities and Exchange Commission.. (Miller, Terry)
June 6, 2022 Opinion or Order Filing 14 ORDER granting #12 Motion to Appoint Receiver. Plaintiff is directed to file a proposed order appointing Winkler as a receiver by July 5, 2022. Signed by Magistrate Judge Daniel J. Albregts on 6/6/2022. (Copies have been distributed pursuant to the NEF - HAM)
April 26, 2022 Filing 13 Third STATUS REPORT Third Quarterly Status Report of Chief Restructuring Officer Geoff Winkler by Interested Party Geoff Winkler. (Koch, David)
March 21, 2022 Filing 12 MOTION to Appoint Receiver by Plaintiff Securities and Exchange Commission. (Attachments: #1 Declaration of Geoff Winkler) (Miller, Terry)
February 2, 2022 Filing 11 Second STATUS REPORT Second Quarterly Status Report of Chief Restructuring Officer Geoff Winkler by Interested Party Geoff Winkler. (Scow, Steven)
September 16, 2021 Filing 10 First STATUS REPORT First Quarterly Status Report of Chief Restructuring Officer Geoff Winkler by Interested Party Geoff Winkler. (Scow, Steven)
May 5, 2021 Filing 9 FINAL JUDGMENT as to Gregory P Herlean. Signed by Judge Richard F. Boulware, II on 5/5/2021. (Copies have been distributed pursuant to the NEF - HAM)
May 5, 2021 Filing 8 FINAL JUDGMENT as to Stephen J Byrne. Signed by Judge Richard F. Boulware, II on 5/5/2021. (Copies have been distributed pursuant to the NEF - HAM)
May 5, 2021 Filing 7 JUDGMENT as to Defendant CapSource, Inc. Signed by Judge Richard F. Boulware, II on 5/5/2021. (Copies have been distributed pursuant to the NEF - HAM) Modified on 5/6/2021 (HAM). (Main Document 7 replaced on 5/6/2021) (HAM).
April 9, 2021 Filing 6 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 4/9/2021. WHEREAS, this Court has found, due to the danger of the global pandemic to the community, including the parties, court staff and the attorneys of parties, that in-person appearances must be restricted whenever necessary and that this case is appropriate to be heard by videoconference; IT IS ORDERED that, due to a conflict with the Court's trial calendar, the hearing regarding the Plaintiff's #2 Joint MOTION for Judgment set for April 27, 2021 at 3:00 PM is vacated and RESET for May 5, 2021 at 2:00 PM in LV Courtroom 7C by videoconference before Judge Richard F. Boulware, II. IT IS FURTHER ORDERED that members of the public seeking to have access to this hearing must, prior to the day of the hearing, contact the Court by email t o request access to and receive permission to listen this hearing by telephone. Members of the public granted such access must join the remote proceedings prior to their official commencement. Once a remote proceeding has begun, no access will be granted to the proceeding.IT IS FURTHER ORDERED that the members of the public may contact the Courtroom Administrator at "blanca_lenzi@nvd.uscourts.gov", or (702) 464-5470 with information on how to participate in the video conference if necessary.IT IS FURTHER ORDERED that no one or entity or organization, including but not limited to counsel, counsel's agents or staff, the Defendant, law enforcement agents/officers, members of the public, who participate in or listen to this proceeding may record it in any manner. Any individual, entity or organization that records this proceeding without written authorization of the Court shall be subject to civil and/or criminal contempt penalties by this Court.(no image attached) (Copies have been distributed pursuant to the NEF - BEL)
March 29, 2021 Filing 5 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 3/29/2021. WHEREAS, this Court has found, due to the danger of the global pandemic to the community, including the parties, court staff and the attorneys of parties, that in-person appearances must be restricted whenever necessary and that this case is appropriate to be heard by videoconference; IT IS ORDERED that the hearing regarding the Plaintiff's #2 Joint MOTION for Judgment is set for April 27, 2021 at 3:00 PM in LV Courtroom 7C by videoconference before Judge Richard F. Boulware, II. IT IS FURTHER ORDERED that members of the public seeking to have access to this hearing must, prior to the day of the hearing, contact the Court by email to request access to and receive permission to listen this hearing by telephone. Members of the public granted such access must join the remote proceedings prior to their official commencement. Once a remote proceeding has begun, no access will be granted to the proceeding.IT IS FURTHER ORDERED that the members of the public may contact the Courtroom Administrator at "blanca_lenzi@nvd.uscourts.gov", or (702) 464-5470 with information on how to participate in the video conference if necessary.IT IS FURTHER ORDERED that no one or entity or organization, including but not limited to counsel, counsel's agents or staff, the Defendant, law enforcement agents/officers, members of the public, who participate in or listen to this proceeding may record it in any manner. Any individual, entity or organization that records this proceeding without written authorization of the Court shall be subject to civil and/or criminal contempt penalties by this Court.(no image attached) (Copies have been distributed pursuant to the NEF - BEL)
December 21, 2020 Filing 4 STANDING ORDER. This case has been assigned to the Honorable Judge Richard F. Boulware, II. Judge Boulware's Chambers Practices, which are posted on the U.S. District Court, District of Nevada public website, may also be accessed directly via this hyperlink: #www.nvd.uscourts.gov. (Copies have been distributed pursuant to the NEF - HAM)
December 21, 2020 Filing 3 NOTICE OF RELATED CASES 20-cv-2308 by Plaintiff United States Securities and Exchange Commission. (Miller, Terry)
December 21, 2020 Filing 2 Joint MOTION for Judgment by Plaintiff United States Securities and Exchange Commission. Responses due by 1/4/2021. (Attachments: #1 Exhibit CapSource Consent, #2 Exhibit CapSource Final Judgment, #3 Exhibit Byrne Consent, #4 Exhibit Byrne Final Judgment, #5 Exhibit Herlean Consent, #6 Exhibit Herlean Final Judgment) (Miller, Terry)
December 21, 2020 Filing 1 COMPLAINT against All Defendants by United States Securities and Exchange Commission. Proof of service due by 3/21/2021. (Attachments: #1 Civil Cover Sheet) (Miller, Terry) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court.
December 21, 2020 Case randomly assigned to Judge Richard F. Boulware, II. (HAM)
December 21, 2020 Case randomly assigned to Judge James C. Mahan and Magistrate Judge Daniel J. Albregts. (HAM)

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Defendant: Gregory P Herlean
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Defendant: CapSource, Inc.
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Defendant: Stephen J Byrne
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Plaintiff: Securities and Exchange Commission
Represented By: Terry R Miller
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Interested party: Geoff Winkler
Represented By: David R Koch
Represented By: Kara B. Hendricks
Represented By: Steven B Scow
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