Securities and Exchange Commission v. Cohen et al
| Securities and Exchange Commission |
| Cohen, Michael L. Cohen and Vanja Baros |
| United States of America |
| 1:2017cv00430 |
| January 26, 2017 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Lois Bloom |
| Pamela K Chen |
| Nicholas G Garaufis |
| Securities/Commodities |
| 12 U.S.C. § 22 Securities Fraud |
| Plaintiff |
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| Filing 69 CLERK'S JUDGMENT that Defendants' motion to dismiss the amended complaint is granted; and that the amended complaint is dismissed with prejudice. Signed Douglas C. Palmer, Clerk of Court by Jalitza Poveda, Deputy Clerk on 7/13/2018. (Lee, Tiffeny) |
Filing 68
MEMORANDUM & ORDER granting #46 Motion to Dismiss for Failure to State a Claim - For the reasons stated in this Memorandum and Order, the court concludes that the SEC's claims are untimely. The court therefore grants Defendants' motions to dismiss the amended complaint for failure to state a claim (Dkts. 41 and 46) and DISMISSES the amended complaint with prejudice. The Clerk of Court is respectfully directed to enter judgment for Defendants andto close this case. Ordered by Judge Nicholas G. Garaufis on 7/12/2018. (Marziliano, August)
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Filing 67
ORDER, The Government's motion to intervene and to stay proceedings in this case (Dkt. #63 ) is GRANTED IN PART and DENIED IN PART. The court GRANTS the Government's motion to intervene and to stay further proceedings in this case pending the resolution of criminal proceedings against Cohen. To the extent the Government asks the court to defer ruling on Defendants' pending motions to dismiss, however, the motion is DENIED. So Ordered by Judge Nicholas G. Garaufis on 5/10/2018. (Lee, Tiffeny)
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| Filing 66 RESPONSE to Motion re #63 MOTION to Intervene MOTION to Stay filed by Michael L. Cohen. (White, Ronald) |
| Filing 65 MEMORANDUM in Opposition re #63 MOTION to Intervene MOTION to Stay (DEFENDANT VANJA BAROS'S RESPONSE TO THE DEPARTMENT OF JUSTICE'S MOTION TO INTERVENE IN AND STAY CIVIL PROCEEDINGS) filed by Vanja Baros. (Cohen, Mark) |
| Filing 64 TRANSCRIPT of Proceedings held on February 2, 2018, before Judge Bloom. Court Reporter/Transcriber Fiore Reporting and Transcription Service, Inc., Telephone number 203-929-9992. Email address: cmfiore@sbcglobal.net. Transcript may be viewed at the court 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 PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 3/16/2018. Redacted Transcript Deadline set for 3/26/2018. Release of Transcript Restriction set for 5/24/2018. (Hong, Loan) |
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ORDER. Defendants are DIRECTED, by no later than February 26, 2018, to advise the court in writing of their position(s) regarding whether this case should be stayed pending the resolution of criminal charges against Defendant Michael Cohen. (See Gov't Mot. to Intervene and Stay (Dkt. #63 ).) Ordered by Judge Nicholas G. Garaufis on 2/13/2018. (Scott, Conrad)
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| Filing 63 MOTION to Intervene , MOTION to Stay by United States of America. (Attachments: #1 Memorandum in Support, #2 Exhibit A to Memorandum, #3 Proposed Order) (McDonald, James) |
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ORDER: The Court held a telephone conference in plaintiff's Foreign Corrupt Practices Act case on February 2, 2018. Plaintiff reports that it has supplemented its responses to defendants' interrogatories and has obtained certain foreign documents that will be produced to defendants in the next three weeks. The parties anticipate that DOJ will intervene and file a motion to stay the instant matter in the coming weeks in light of the criminal case against defendant Cohen. Accordingly, the Court declines to schedule a follow-up discovery conference at this time. The parties shall continue to conduct discovery. Ordered by Magistrate Judge Lois Bloom on 2/2/2018. (Doody, Sara)
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| Minute Entry for telephone conference held before Magistrate Judge Lois Bloom on 2/2/2018. (FTR Log #10:06-10:27.) (Doody, Sara) |
| Filing 62 TRANSCRIPT of Proceedings held on December 21, 2017, before Judge Bloom. Court Reporter/Transcriber Transcriptions Plus II, Inc.. Email address: laferrara44@gmail.com. Transcript may be viewed at the court 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 PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 2/9/2018. Redacted Transcript Deadline set for 2/19/2018. Release of Transcript Restriction set for 4/19/2018. (Hong, Loan) |
| Minute Entry for telephone conference before Magistrate Judge Lois Bloom held on 12/21/2017. (FTR Log #10:36-10:57.) (Doody, Sara) |
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SCHEDULING ORDER: The Court held a telephone conference in plaintiff's Foreign Corrupt Practices Act case on December 21, 2017. The parties continue to engage in discovery. Plaintiff's counsel has obtained access to the 302 reports referenced during the last conference. The parties met and conferred this morning prior to the conference and agreed to a four week period for plaintiff's counsel to review those reports and supplement their interrogatories as required under Fed. R. Civ. P. 26(e)(1)(A). Plaintiff's counsel stated on the record that pursuant to the terms of their access agreement with the DOJ and FBI, counsel may not produce the 302 reports to defendants. Thus, defendants' counsel will need to subpoena those records. Defendants' counsel shall prepare and serve subpoenas for whatever documents they require before the next conference. Also before the next conference, plaintiff's counsel shall continue to pursue the DOJ and the various foreign entities that are reviewing foreign documents. The Court shall hold a telephone status conference on February 2, 2018 at 10:00 a.m. Plaintiff's counsel is directed to arrange and initiate the telephone conference at that time. After establishing contact with defendants' counsel, plaintiff's counsel shall telephone the Court at (718) 613-2170. The parties may write to the Court by January 30, 2018, regarding any discovery issues that may arise between now and the next conference. Parties are advised that they must contact each other before making any request for an adjournment to the Court. A request for an adjournment must be received in writing at least forty-eight (48) hours before the scheduled conference. Ordered by Magistrate Judge Lois Bloom on 12/21/2017. (Doody, Sara)
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| Minute Entry for proceedings held before Judge Nicholas G. Garaufis: Oral Argument re: Defendants' #41 and #46 Motions to Dismiss held on 12/19/2017. Counsel for all parties present. The court reserved decision on Defendants' Motions. (Court Reporter Michele Lucchese) (Scott, Conrad) |
| Filing 61 NOTICE by Vanja Baros, Michael L. Cohen re #60 Notice(Other), #46 Motion to Dismiss for Failure to State a Claim ; Defendants' Notice of Supplemental Authority and Response to Plaintiff's Notice (Attachments: #1 Exhibit SEC v. Gentile, #2 Exhibit Saad v. SEC) (White, Ronald) |
| Filing 60 NOTICE by Securities and Exchange Commission re #44 Memorandum in Opposition - Supplemental Authority (Attachments: #1 Exhibit Mapp I, #2 Exhibit Mapp II) (Day, Alfred) |
| Filing 59 TRANSCRIPT of Proceedings held on November 30, 2017, before Judge Bloom. Court Transcriber: TypeWrite Word Processing Service, Telephone number 518-581-8973. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 12/28/2017. Redacted Transcript Deadline set for 1/8/2018. Release of Transcript Restriction set for 3/7/2018. (Rocco, Christine) |
| Minute Entry for telephone conference held before Magistrate Judge Lois Bloom on 11/30/2017. (FTR Log #9:32 - 10:29.) (Doody, Sara) |
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SCHEDULING ORDER: The Court held a telephone conference in plaintiff's Foreign Corrupt Practices Act case on November 30, 2017. As discussed on the record, certain document requests and interrogatories remain outstanding because other United States agencies and foreign entities have those documents. Plaintiff's counsel shall narrow and renew its request for documents from the foreign entities. Plaintiff's counsel shall also produce the next tranche of documents to defendants.Before the next conference, plaintiff's counsel shall access and if possible obtain documents including reports and notes from the Department of Justice and the Federal Bureau of Investigation. The Court expects the parties--both plaintiff and defendants--to gather the information that is necessary to set meaningful deadlines and to devise practical solutions to obtain the discovery that is needed. Also before the next conference, defendants' counsel should determine who they will need to depose irrespective of the outcome of their pending motions to dismiss. The list need not be comprehensive, but shall inform scheduling of the necessary depositions. The Court shall hold a telephone status conference on December 21, 2017 at 10:30 a.m. Plaintiff's counsel is directed to arrange and initiate the telephone conference at that time. After establishing contact with defendants' counsel, plaintiff's counsel shall telephone the Court at (718) 613-2170. Parties are advised that they must contact each other before making any request for an adjournment to the Court. A request for an adjournment must be received in writing at least forty-eight (48) hours before the scheduled conference. Ordered by Magistrate Judge Lois Bloom on 11/30/2017. (Doody, Sara) Modified on 12/1/2017 (Doody, Sara).
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| Filing 58 STATUS REPORT Joint Status Report by Securities and Exchange Commission (Jones, Marc) |
| Filing 57 TRANSCRIPT of Proceedings held on October 23, 2017, before Judge Bloom. Court Transcriber: Transcription Plus II. Email address: laferrara44@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 11/20/2017. Redacted Transcript Deadline set for 11/30/2017. Release of Transcript Restriction set for 1/29/2018. (Rocco, Christine) |
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ORDER re: Defendants' #53 and #55 Applications for Leave to Present Oral Argument: The Applications are GRANTED. The parties are instructed to confer and contact the court's Deputy at 718-613-2545 to schedule the oral argument. Ordered by Judge Nicholas G. Garaufis on 10/23/2017. (Scott, Conrad)
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| Minute Entry for telephone conference held before Magistrate Judge Lois Bloom on 10/23/2017. (FTR Log #1:41-2:09.) (Doody, Sara) |
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SCHEDULING ORDER: The Court held a telephone conference in plaintiff's Foreign Corrupt Practices Act case on October 23, 2017. The Court shall hold a telephone status conference on November 30, 2017 at 9:30 a.m. Plaintiff's counsel is directed to arrange and initiate the telephone conference at that time. After establishing contact with defendants' counsel, plaintiff's counsel shall telephone the Court at (718) 613-2170. The parties shall submit a status letter to the Court by end of business day on November 27, 2017, regarding the parties' progress to date and discovery issues to be addressed during the November 30, 2017 telephone conference. Parties are advised that they must contact each other before making any request for an adjournment to the Court. A request for an adjournment must be received in writing at least forty-eight (48) hours before the scheduled conference. Ordered by Magistrate Judge Lois Bloom on 10/23/2017. (Doody, Sara)
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| Filing 56 STATUS REPORT Joint Status Report by Securities and Exchange Commission (Healey, Martin) |
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SCHEDULING ORDER: The Court held a telephone conference in plaintiff's Foreign Corrupt Practices Act case on September 20, 2017. Defendants' counsel shall produce supplemental interrogatories to plaintiff by September 22, 2017, and plaintiff shall respond to those requests by October 16, 2017. Plaintiff's counsel shall produce the third round of documents discussed during today's conference to defendants' counsel by October 12, 2017. The Court shall hold a telephone status conference on October 23, 2017 at 1:30 p.m. Plaintiff's counsel is directed to arrange and initiate the telephone conference at that time. After establishing contact with defendants' counsel, plaintiff's counsel shall telephone the Court at (718) 613-2170. The parties shall submit a status letter to the Court by end of business day on October 18, 2017, outlining the discovery issues to be addressed during the October 23, 2017 telephone conference. Parties are advised that they must contact each other before making any request for an adjournment to the Court. A request for an adjournment must be received in writing at least forty-eight (48) hours before the scheduled conference. Ordered by Magistrate Judge Lois Bloom on 9/20/2017. (Doody, Sara)
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| Minute Entry for telephone conference held before Magistrate Judge Lois Bloom on 9/20/2017. (FTR Log #11:41-12:14.) (Doody, Sara) |
| Filing 55 Letter to Honorable Nicholas G. Garaufis requesting oral argument in Connection With Motion to Dismiss by Vanja Baros (Cohen, Mark) |
| Filing 54 Letter enclosing Courtesy Copies of All Papers Submitted In Connection With Motion To Dismiss by Vanja Baros (Cohen, Mark) |
| Filing 53 Letter Enclosing Courtesy Copies of All Papers Submitted in Connection With Motion to Dismiss (Copy) by Michael L. Cohen (White, Ronald) |
| Filing 52 AFFIDAVIT/DECLARATION in Support re #46 Motion to Dismiss for Failure to State a Claim filed by Michael L. Cohen. (Attachments: #1 Exhibit 1) (White, Ronald) |
| Filing 51 REPLY in Support re #46 Motion to Dismiss for Failure to State a Claim filed by Michael L. Cohen. (Attachments: #1 Appendix) (White, Ronald) |
| Filing 50 MEMORANDUM in Opposition re #46 Motion to Dismiss for Failure to State a Claim filed by Michael L. Cohen. (White, Ronald) |
| Filing 49 NOTICE by Michael L. Cohen re #46 Motion to Dismiss for Failure to State a Claim ; Request for Judicial Notice in Support of Defendant Michael L. Cohen's Motion to Dismiss the Amended Complaint (White, Ronald) |
| Filing 48 AFFIDAVIT/DECLARATION in Support re #46 Motion to Dismiss for Failure to State a Claim filed by Michael L. Cohen. (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) (White, Ronald) |
| Filing 47 MEMORANDUM in Support re #46 Motion to Dismiss for Failure to State a Claim filed by Michael L. Cohen. (White, Ronald) |
| Filing 46 Motion to Dismiss for Failure to State a Claim by Michael L. Cohen. (White, Ronald) |
| Filing 45 REPLY in Support re #41 MOTION to Dismiss (Reply Memorandum of Law In Support of Vanja Baros's Motion to Dismiss the Amended Complaint) filed by Vanja Baros. (Cohen, Mark) |
| Filing 44 MEMORANDUM in Opposition re #41 MOTION to Dismiss (Plaintiff Securities and Exchange Commission's Opposition to Defendant Cohen's and Defendant Baros's Motion to Dismiss) filed by Vanja Baros. (Cohen, Mark) |
| Filing 43 MEMORANDUM in Support re #41 MOTION to Dismiss (Memorandum of Law of Vanja Baros In Support of His Motion to Dismiss the Amended Complaint) filed by Vanja Baros. (Cohen, Mark) |
| Filing 42 AFFIDAVIT/DECLARATION in Support re #41 MOTION to Dismiss (Declaration of Jonathan S. Abernethy In Support of Vanja Baros's Motion to Dismiss the Amended Complaint) filed by Vanja Baros. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Cohen, Mark) |
| Filing 41 MOTION to Dismiss by Vanja Baros. (Cohen, Mark) |
| Filing 40 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 3/2/2017, before Judge Nicholas G. Garaufis. Court Reporter/Transcriber Michele Lucchese, Telephone number 718-613-2272. Email address: michsassy21@ymail.com. Transcript may be viewed at the court 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 PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 9/4/2017. Redacted Transcript Deadline set for 9/12/2017. Release of Transcript Restriction set for 11/10/2017. (Lucchese, Michele) |
| Filing 39 NOTICE of Appearance by Mark S Cohen on behalf of Vanja Baros (aty to be noticed) (Cohen, Mark) |
| Filing 38 TRANSCRIPT of Proceedings held on July 11, 2017, before Judge Bloom. Court Transcriber: Transcription Plus II. Email address: laferrara44@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 8/29/2017. Redacted Transcript Deadline set for 9/8/2017. Release of Transcript Restriction set for 11/6/2017. (Rocco, Christine) |
| Filing 37 NOTICE of Appearance by Alfred A. Day on behalf of Securities and Exchange Commission (notification declined or already on case) (Day, Alfred) |
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Filing 36
ORDER FOR ADMISSION PRO HAC VICE: : The #35 Motion for Admission to Practice Pro Hac Vice in the above-captioned matter is granted. The admitted attorney Alfred A. Day is admitted to practice Pro Hac Vice in the above-captioned case. SO ORDERED by Magistrate Judge Lois Bloom, on 8/2/2017.The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. (Latka-Mucha, Wieslawa)
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| Filing 35 MOTION for Leave to Appear Pro Hac Vice - Alfred Day on Behalf of Plainitff Securities and Exchange Commission Filing fee $ 150. by Securities and Exchange Commission. (Attachments: #1 Affidavit in Support of Motion to Admit Pro Hac Vice, #2 Certificate of Good Standing - Massachusetts, #3 Certificate of Good Standing - Washington, #4 Proposed Order) (Day, Alfred) |
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Filing 34
ORDER granting #33 Motion for Leave to File Excess Pages. So Ordered by Judge Nicholas G. Garaufis on 7/24/2017. (Lee, Tiffeny)
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| Filing 33 Letter MOTION for Leave to File Excess Pages (with consent) by Michael L. Cohen. (White, Ronald) |
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Filing 32
ORDER granting #31 Motion for Leave to File Excess Pages. So Ordered by Judge Nicholas G. Garaufis on 7/21/2017. (Lee, Tiffeny)
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| Filing 31 Letter MOTION for Leave to File Excess Pages Assented to by Securities and Exchange Commission. (Jones, Marc) |
| Minute Entry for telephone conference held before Magistrate Judge Lois Bloom on 7/11/2017. (Tape #2:30 - 3:04.) (Doody, Sara) |
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SCHEDULING ORDER: The Court held a telephone conference in plaintiff's Foreign Corrupt Practices Act case on July 11, 2017. Plaintiff's counsel reported that the second round of document production shall be produced by the middle of next week. Plaintiff's counsel shall respond to defendants' request regarding documents related to certain individuals named in plaintiff's complaint by July 14, 2017. Defendants' counsel shall serve fact and contention interrogatories on plaintiff's counsel by August 11, 2017.The Court shall hold a telephone status conference on September 20, 2017 at 11:30 a.m. Plaintiff's counsel shall arrange and initiate the telephone conference at that time. After establishing contact with defendants' counsel, plaintiff's counsel shall telephone the Court at (718) 613-2170. The Court directs plaintiff's counsel to be prepared to report the date of the third round of document production if it has not been produced before the next conference. Parties are advised that they must contact each other before making any request for an adjournment to the Court. A request for an adjournment must be received in writing at least forty-eight (48) hours before the scheduled conference. Ordered by Magistrate Judge Lois Bloom on 7/11/2017. (Doody, Sara)
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Filing 30
ORDER granting #29 Motion for Extension of Time to File Response/Reply: The Defendants to serve renewed Motions to Dismiss by June 27, 2017. The Commission to serve oppositions to the Defendants' renewed Motions to Dismiss by July 28, 2017. The Defendants to reply to the Commission's oppositions and file the fully briefed motions by August 18, 2017. So Ordered by Judge Nicholas G. Garaufis on 6/5/2017. (Lee, Tiffeny)
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| Filing 29 Joint MOTION for Extension of Time to File Response/Reply (Joint Motion for Revised Scheduling Order) by Vanja Baros. (Attachments: #1 Proposed Order (Revised Scheduling Order)) (Abernethy, Jonathan) |
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Filing 28
REVISED SCHEDULING ORDER: The Court revises its prior scheduling order filed on 5/3/2017. Plaintiff Securities and Exchange Commission shall serve its responses to the Defendants' Motions to Dismiss by July 14, 2017; Defendants shall serve their replies, if any, and file the fully briefed motions by August 9,2017. So Ordered by Judge Nicholas G. Garaufis on 5/30/2017. (Almonte, Giselle)
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| Filing 27 AMENDED COMPLAINT against All Defendants, filed by Securities and Exchange Commission. (Jones, Marc) |
| Filing 26 NOTICE by Securities and Exchange Commission of Filing of Amended Complaint (Jones, Marc) |
| Filing 25 Joint MOTION for Extension of Time to File Response/Reply (Opposition to Motion to Dismiss and to File Reply Briefs) by Securities and Exchange Commission. (Jones, Marc) |
| Filing 24 TRANSCRIPT of Proceedings held on May 3, 2017, before Judge Bloom. Court Reporter/Transcriber Fiore Reporting and Transcription Service, Inc., Telephone number 203-929-9992. Email address: cmfiore@sbcglobal.net. Transcript may be viewed at the court 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 PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 5/31/2017. Redacted Transcript Deadline set for 6/12/2017. Release of Transcript Restriction set for 8/8/2017. (Hong, Loan) |
| Minute Entry for initial conference held before Magistrate Judge Lois Bloom on 5/3/2017. (Tape #2:08-2:43.) (Doody, Sara) |
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SCHEDULING ORDER: The Court held a conference in plaintiff's Foreign Corrupt Practices Act case on May 3, 2017. The Court declines to approve the parties' proposed discovery plan (ECF No. #23 ) for the reasons stated on the record. By May 19, 2017, the parties shall have met and conferred, and reached an agreement as to the sequence of production for the next round of paper discovery. The parties are directed to conduct paper discovery and to determine what foreign document production requests shall be required prior to the next status conference.The Court shall hold a telephone status conference on July 11, 2017 at 2:30 p.m. Plaintiff's counsel is directed to arrange and initiate the telephone conference at that time. After establishing contact with defendants' counsel, plaintiff's counsel shall telephone the Court at (718) 613-2170. Parties are advised that they must contact each other before making any request for an adjournment to the Court. A request for an adjournment must be received in writing at least forty-eight (48) hours before the scheduled conference. Ordered by Magistrate Judge Lois Bloom on 5/3/2017. (Doody, Sara)
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| Filing 23 REPORT of Rule 26(f) Planning Meeting (Attachments: #1 Exhibit Rule 26(f) Meeting Report) (White, Ronald) |
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Filing 22
ORDER granting #21 Motion for Leave to File Excess Pages. So Ordered by Judge Nicholas G. Garaufis on 4/26/2017. (Almonte, Giselle)
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| Filing 21 Letter MOTION for Leave to File Excess Pages (with consent) by Vanja Baros, Michael L. Cohen. (White, Ronald) |
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Filing 20
STIPULATION AND ORDER REGARDING DISCOVERY MATERIALS. So Ordered by Judge Nicholas G. Garaufis on 4/4/2017. (Lee, Tiffeny)
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| Filing 19 Joint MOTION for Protective Order (Stipulated) by Securities and Exchange Commission. (Attachments: #1 Proposed Order Stipulation and Order Regarding Discovery Materials) (Jones, Marc) |
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ORDER granting #18 Motion to Adjourn Conference; SCHEDULING ORDER: Plaintiff writes on behalf of the parties to request a 45-day adjournment of the March 20, 2017 initial conference to allow the parties enough time to meet and confer regarding matters related to the substantial discovery in this case. The parties' request is granted. The Court shall hold an initial conference on May 3, 2017 at 2:00 p.m. in Courtroom 11A South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. The parties shall exchange their Rule 26(a)(1) initial disclosures and file their Rule 26(f) Meeting Report with the Court by 5:00 p.m. on April 27, 2017. Parties are advised that they must contact each other before making any request for an adjournment to the Court. A request for an adjournment must be received in writing at least forty-eight (48) hours before the scheduled conference. Ordered by Magistrate Judge Lois Bloom on 3/15/2017. (Doody, Sara)
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| Filing 18 Joint MOTION to Adjourn Conference by Securities and Exchange Commission. (Jones, Marc) |
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SCHEDULING ORDER: In light of Judge Garaufis' Order directing the parties to proceed with preliminary discovery, the Court shall hold an initial conference on March 20, 2017 at 2:00 p.m. in Courtroom 11A South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. The parties shall exchange their Rule 26(a)(1) initial disclosures and file their Rule 26(f) Meeting Report with the Court by 5:00 p.m. on March 16, 2017. Parties are advised that they must contact each other before making any request for an adjournment to the Court. A request for an adjournment must be received in writing at least forty-eight (48) hours before the scheduled conference. Ordered by Magistrate Judge Lois Bloom on 3/3/2017. (Doody, Sara)
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ORDER REASSIGNING CASE. Case reassigned to Judge Nicholas G. Garaufis for all further proceedings. Judge Pamela K. Chen no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Ordered by Chief Judge Dora Lizette Irizarry on 3/2/2017. (Bowens, Priscilla)
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| Minute Entry for proceedings held before Judge Nicholas G. Garaufis: Status Conference held on 3/2/2017. Counsel for all parties present. No party objected to the SEC's #5 request to have this action reassigned to this court as a "related" case.The court issued the following provisional orders, conditional on the Chief Judge's approval of the reassignment. The court GRANTED both Defendants leave to file for dismissal and set the following briefing schedule: Defendants shall serve their motions by May 8, 2017; the SEC shall serve its response by June 9, 2017; and Defendants shall serve their replies, if any, and file the fully briefed motions by June 23, 2017. Oral argument may be scheduled at the court's discretion. Defendants' deadline to answer the Complaint is EXTENDED until 14 days following the court's ruling on their anticipated motions. In the interim, the parties are DIRECTED to schedule an initial conference before Magistrate Judge Lois Bloom to discuss preliminary discovery during the pendency of Defendants' anticipated motions. (Court Reporter Michele Lucchese) (Polaris, Julian) |
| Filing 17 WAIVER OF SERVICE Returned Executed by Securities and Exchange Commission. Michael L. Cohen waiver sent on 2/6/2017, answer due 5/8/2017. (Jones, Marc) |
| Filing 16 WAIVER OF SERVICE Returned Executed by Securities and Exchange Commission. Vanja Baros waiver sent on 2/6/2017, answer due 5/8/2017. (Jones, Marc) |
| Filing 15 NOTICE of Appearance by Jonathan S. Abernethy on behalf of Vanja Baros (aty to be noticed) (Abernethy, Jonathan) |
| Filing 14 NOTICE of Appearance by Amanda Aikman on behalf of Michael L. Cohen (aty to be noticed) (Aikman, Amanda) |
| Filing 13 NOTICE of Appearance by Kayvan Betteridge Sadeghi on behalf of Michael L. Cohen (aty to be noticed) (Sadeghi, Kayvan) |
| Filing 12 NOTICE of Appearance by Ronald G. White on behalf of Michael L. Cohen (aty to be noticed) (White, Ronald) |
| Filing 11 NOTICE of Appearance by Martin Healey on behalf of Securities and Exchange Commission (aty to be noticed) (Healey, Martin) |
| Filing 10 NOTICE of Appearance by Marc Jonathan Jones on behalf of Securities and Exchange Commission (notification declined or already on case) (Jones, Marc) |
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Filing 9
ORDER granting #7 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office..(Ordered by Magistrate Judge Lois Bloom on 1/30/2017) C/M (Galeano, Sonia)
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Filing 8
NOTICE OF MOTION TO ADMIT COUNSEL PRO HAC VICE: The Application is Granted. The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office. Re #6 Motion for Leave to Appear Pro Hac Vice. Ordered by Magistrate Judge Lois Bloom on 1/30/2017. (Rodriguez, Lori)
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| Filing 7 MOTION for Leave to Appear Pro Hac Vice of Martin Healey Filing fee $ 150. by Securities and Exchange Commission. (Attachments: #1 Affidavit of Martin Healey, #2 Certificate of Good Standing RI, #3 Certificate of Good Standing MA, #4 Certificate of Good Standing CA) (Jones, Marc) |
| Filing 6 MOTION for Leave to Appear Pro Hac Vice by Marc J. Jones Filing fee $ 150. by Securities and Exchange Commission. (Attachments: #1 Affidavit of Marc J. Jones, #2 Certificate of Good Standing) (Jones, Marc) |
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ORDER re the SEC's #5 Letter. All parties are DIRECTED to confer and contact the undersigned's Deputy at 718-613-2545 to schedule a status conference on the SEC's application for a designation of relatedness. Ordered by Judge Nicholas G. Garaufis on 1/27/2017. (Polaris, Julian)
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| Filing 5 Letter Pursuant to Local Rule 50.4 by Securities and Exchange Commission (Reed, Alicia) |
| Filing 4 Summons Issued as to All Defendants. (Attachments: #1 Baros summons) (Bowens, Priscilla) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 2 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
| Filing 1 COMPLAINT against Vanya Baros, Michael L. Cohen Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Securities and Exchange Commission. (Attachments: #1 Civil Cover Sheet) (Reed, Alicia) (Main Document 1 replaced on 1/26/2017) (Bowens, Priscilla). (Additional attachment(s) added on 1/26/2017: #2 Proposed Summons Cohen, #3 Proposed Summons Baros) (Bowens, Priscilla). |
| Case assigned to Judge Pamela K. Chen and Magistrate Judge Lois Bloom. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) |
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