GENTILE v. SECURITIES AND EXCHANGE COMMISSION
Plaintiff: GUY GENTILE
Defendant: SECURITIES AND EXCHANGE COMMISSION
Case Number: 2:2019cv05155
Filed: February 8, 2019
Court: US District Court for the District of New Jersey
Presiding Judge: Joseph A Dickson
Referring Judge: Jose L Linares
Nature of Suit: Securities/Commodities
Cause of Action: 42 U.S.C. ยง 1471
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on May 14, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 3, 2019 Opinion or Order Filing 15 ORDER granting #13 Motion for Extension of Time to File Response/Reply. Signed by Chief Judge Jose L. Linares on 4/3/2019. (ys, )
April 3, 2019 Filing 14 Notice of Request by Pro Hac Vice Robert S. Landy to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-9550055.) (FORD, ADAM)
April 3, 2019 Set Deadlines as to #11 MOTION to Dismiss Plaintiff's Complaint. Motion set for 5/6/2019 before Chief Judge Jose L. Linares. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (th, )
April 3, 2019 Pro Hac Vice counsel, ROBERT S. LANDY, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (th, )
April 2, 2019 Filing 13 MOTION for Extension of Time to File Response/Reply as to #11 MOTION to Dismiss Plaintiff's Complaint by GUY GENTILE. (FORD, ADAM)
April 2, 2019 Opinion or Order Filing 12 ORDER granting #4 Motion for Leave to Appear Pro Hac Vice as to Robert S. Landy, etc. Signed by Magistrate Judge Joseph A. Dickson on 4/1/2019. (ys, )
March 29, 2019 Filing 11 MOTION to Dismiss Plaintiff's Complaint by SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Brief Defendant Securities and Exchange Commissions Memorandum (1) in Opposition to Plaintiffs Motion for Preliminary Injunction and (2) in Support of its Motion to Dismiss Plaintiffs Complaint, #2 Declaration of Matthew S. Ferguson in Support of the Securities and Exchange Commissions (1) Opposition to Plaintiffs Motion for Preliminary Injunction and (2) Its Motion to Dismiss Plaintiffs Complaint, #3 Exhibit 1: 4/28/17 Plaintiff Securities and Exchange Commissions Initial Disclosures in SEC v. Gentile, Civil Case No. 16-1619 (D.N.J.), #4 Exhibit 2: Docket in SEC v. Gentile, Civil Case No. 16-1619 (D.N.J.), #5 Exhibit 3: 9/1/17 Subpoena to C. Marin, In the Matter of Traders Cafe, FL-03848, #6 Exhibit 4: 9/18/18 Opinion & Order in SEC v. Gentile, Civil Case No. 16-1619 (D.N.J.), #7 Exhibit 5: 12/26/18 Litigation Release No. 24380, #8 Supplement)(FERGUSON, MATTHEW)
March 21, 2019 Opinion or Order Filing 10 ORDER Granting the SEC's #9 LETTER/MOTION for Extension of Time to File Reply. Pltf's reply is due on Monday, April 8, 2019 re #7 Order on Motion for Order to Show Cause why this Court should not enter a preliminary injunction against the SEC in this matter. filed by SECURITIES AND EXCHANGE COMMISSION. Signed by Chief Judge Jose L. Linares on 3/21/19. (th, )
March 20, 2019 Filing 9 MOTION for Extension of Time to File Response/Reply as to #7 Order on Motion for TRO,, Order on Motion for Order to Show Cause, by SECURITIES AND EXCHANGE COMMISSION. (FERGUSON, MATTHEW)
March 20, 2019 Filing 8 NOTICE of Appearance by MATTHEW SCOTT FERGUSON on behalf of SECURITIES AND EXCHANGE COMMISSION (FERGUSON, MATTHEW)
March 8, 2019 Opinion or Order Filing 7 ORDER denying #5 Motion for TRO; granting #5 Motion for Order to Show Cause why this Court should not enter a preliminary injunction against the SEC in this matter. The SECs opposition to Plaintiffs arguments in favor of a preliminary injunction, (ECF No. 5), is due on Friday, March 22, 2019. Plaintiffs reply to the SECs opposition is due on Monday, April 1, 2019, etc.. Signed by Chief Judge Jose L. Linares on 3/8/2019. (ys, )
March 8, 2019 Filing 6 OPINION. Signed by Chief Judge Jose L. Linares on 3/8/2019. (ys, )
March 5, 2019 Filing 5 MOTION for Temporary Restraining Order , MOTION for Order to Show Cause for a Preliminary Injunction by GUY GENTILE. (Attachments: #1 Declaration Guy Gentile Declaration, #2 Declaration Adam Ford Declaration, #3 Exhibit Exh. 1 copy of the Traders Cafe Formal Order, #4 Exhibit Exh. 2 copy of a letter and subpoena from the SEC to Tipalti, Inc., #5 Exhibit Exh. 3 copy of the SECs Application for an Order to Show Cause, #6 Exhibit Exh. 4 copy of the SECs Application for an Order to Show Cause, #7 Exhibit Exh. 5 copy of the SECs Notice of Pending Case, #8 Exhibit Exh. 6 copy of a letter dated August 17, 2015 from the SEC Miami Regional Office to Guy Gentile, #9 Exhibit Exh. 7 copy of the United States Department of Justices Indictment of Mr. Guy Gentile, #10 Exhibit Exh. 8 copy of the original complaint dated March 23, 2016 in SEC v. Guy Gentile, #11 Exhibit Exh. 9 copy of an Order of the United States District Court of the District of New Jersey dated May 13, 2016, #12 Exhibit Exh. 10 copy of an order of the United States District Court of the District of New Jersey of May 12, 2017, #13 Exhibit Exh. 11 copy of a letter request from the SEC dated April 26, 2017, #14 Exhibit Exh. 12 copy of a SEC press release dated November 18, 2014, #15 Exhibit Exh. 13 copy of an SEC order instituting administrative proceedings, #16 Exhibit Exh. 14 copy of an SEC order making findings and imposing remedial sanctions pursuant to Section 15(b), #17 Exhibit Exh. 15 copy of a subpoena dated August 24, 2015 from the SEC to Key Bank, #18 Exhibit Exh. 16 copy of the May 9, 2017 SEC letter to Hon. Joseph A. Dickson, United States Magistrate Judge, #19 Exhibit Exh. 17 copy of a letter dated May 25, 2017 from the SEC to Hon. Joseph A. Dickson, #20 Exhibit Exh. 18 screen shot of the pop-up on the SureTrader website, #21 Exhibit Exh. 19 copy of a March 30, 2016 subpoena from the SEC to Guy Gentile, #22 Exhibit Exh. 20 copy of excerpts of an email chain dated May 27, 2016, #23 Exhibit Exh. 21 copy of an excerpt of an email chain of July 6, 2017, #24 Exhibit Exh. 22 copy of a text order of May 13, 2016 by Hon. Joseph A. Dickson, United States Magistrate Judge, #25 Exhibit Exh. 23 copy of a letter dated May 25, 2017 from Adam Ford to the United States District Court, #26 Exhibit Exh. 24 copy of an Overseas Regulators Request for Assistance, #27 Exhibit Exh. 25 copies of two termination letters from Citibank to Mr. Nicolas Abadiotakis, #28 Exhibit Exh. 26 copy of a SEC Litigation Release No. 24415, #29 Exhibit Exh. 27 correct excerpt of an email chain from the SEC to Carla Marin dated October 13, 2017, #30 Exhibit Exh. 28 copy of the SEC amended complaint that was filed in the U.S. District Court for the District of New Jersey, #31 Exhibit Exh. 29 copy of an SEC subpoena to Carla Marin dated November 15, 2017, #32 Exhibit Exh. 30 copy of a SEC subpoena to Carla Marin dated December 6, 2017, #33 Exhibit Exh. 31 copy of a letter from Tipalti to Guy Gentile at Swiss America Securities Ltd. dated August 10, 2015, #34 Exhibit Exh. 32 copy of a subpoena dated August 24, 2015 from the SEC to Key Bank, #35 Exhibit Exh. 33 copy of an email dated May 19, 2017 from Checkbook.io to Mr. Guy Gentile, #36 Exhibit Exh. 34 correct copy of an account termination notification from Chase Bank to Mr. Guy Gentile dated December 7, 2016, #37 Exhibit Exh. 35 correct copy of an account termination notification from Chase Bank to Mr. Guy Gentile dated December 7, 2016, #38 Exhibit Exh. 36 copy of the Complaint, #39 Exhibit Exh. 37 copy of an email from Adam Ford, #40 Brief Memorandum of Law)(FORD, ADAM)
March 5, 2019 Set/Reset Deadlines as to #4 MOTION for Leave to Appear Pro Hac Vice as to Robert S. Landy. Motion set for 4/1/2019 before Chief Judge Jose L. Linares. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (ld, )
March 4, 2019 Filing 4 MOTION for Leave to Appear Pro Hac Vice as to Robert S. Landy by GUY GENTILE. (FORD, ADAM)
February 26, 2019 Filing 3 SUMMONS Returned Executed by GUY GENTILE. SECURITIES AND EXCHANGE COMMISSION served on 2/15/2019, answer due 4/16/2019. (FORD, ADAM)
February 11, 2019 Filing 2 SUMMONS ISSUED as to SECURITIES AND EXCHANGE COMMISSION. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (jr)
February 11, 2019 Case assigned to Chief Judge Jose L. Linares and Magistrate Judge Joseph A. Dickson. (jr)
February 8, 2019 Filing 1 COMPLAINT against SECURITIES AND EXCHANGE COMMISSION ( Filing and Admin fee $ 400 receipt number 0312-9400207) with JURY DEMAND, filed by GUY GENTILE. (Attachments: #1 Summons, #2 Civil Cover Sheet)(FORD, ADAM)

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Defendant: SECURITIES AND EXCHANGE COMMISSION
Represented By: MATTHEW SCOTT FERGUSON
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Plaintiff: GUY GENTILE
Represented By: ADAM C. FORD
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