Securities and Exchange Commission v. O'Rourke et al
Securities and Exchange Commission |
Garrett O'Rourke and Michael J. Black |
United States |
1:2019cv04137 |
July 17, 2019 |
US District Court for the Eastern District of New York |
Peggy Kuo |
Kiyo A Matsumoto |
Securities/Commodities |
15 U.S.C. § 77 Securities Fraud |
Plaintiff |
Docket Report
This docket was last retrieved on November 9, 2020. A more recent docket listing may be available from PACER.
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Filing 62 Letter Requesting Action on Motion to Modify Preliminary Injunction submitted March 23 by Garrett O'Rourke (Attachments: #1 Exhibit, #2 Exhibit) (Riopelle, Roland) |
Filing 61 MOTION to Amend/Correct/Supplement #50 Order on Motion to Amend/Correct/Supplement Preliminary Injunction by Garrett O'Rourke. (Attachments: #1 Exhibit Proposed Modified Preliminary Injunction) (Riopelle, Roland) |
Filing 60 Letter Enclosing Response to SEC Motion for Disgorgement and Prejudgment Interest by Garrett O'Rourke (Attachments: #1 Memorandum in Opposition, #2 Affidavit, #3 Exhibit) (Riopelle, Roland) |
Filing 59 Letter Enclosing Motion for Monetary Remedies and Supporting Documents by Securities and Exchange Commission (Attachments: #1 Notice of Motion, #2 Affidavit in Support, #3 Memorandum in Support, #4 Affidavit in Support) (Forni, Eric) Modified on 3/25/2020 (Williams-Jackson, Sandra). |
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Filing 57 Letter by Securities and Exchange Commission (Forni, Eric) |
Filing 56 MOTION to Substitute Attorney and Stipulation and Order of Substitution of Counsel and Declaration of Jacob Frenkel In Support of Stipulation and Order of Substitution of Counsel by Michael J. Black. (Attachments: #1 Exhibit A, #2 Exhibit B) (Frenkel, Jacob) |
Filing 55 MOTION for Damages in the form of disgorgement and prejudgment interest against defendant O'Rourke by Securities and Exchange Commission. (Attachments: #1 Declaration of Trevor Donelan) (Shields, Kathleen) |
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Filing 53 NOTICE of Appearance by Christopher Bruno on behalf of Michael J. Black (aty to be noticed) (Bruno, Christopher) |
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Filing 52 Joint MOTION for Judgment Based on Settlement with Defendant O'Rourke by Securities and Exchange Commission. (Attachments: #1 Proposed Judgment as to Defendant O'Rourke, #2 Consent to Judgment) (Shields, Kathleen) |
Filing 51 MOTION to Withdraw as Attorney Seth Waxman and Scott MacGriff by Michael J. Black. (Waxman, Seth) |
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Filing 49 MOTION to Amend/Correct/Supplement #47 Order on Motion to Amend/Correct/Supplement Preliminary Injunction by Garrett O'Rourke. (Attachments: #1 Exhibit Proposed Modified Preliminary Injunction) (Riopelle, Roland) |
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Filing 48 Notice of MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11939015. by Michael J. Black. (Attachments: #1 Affidavit) (Frenkel, Jacob) |
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Filing 46 MOTION to Amend/Correct/Supplement #43 Order on Motion to Amend/Correct/Supplement by Garrett O'Rourke. (Attachments: #1 Exhibit Proposed Modified Preliminary Injunction) (Riopelle, Roland) |
Filing 44 NOTICE by Michael J. Black of Accounting (Attachments: #1 Exhibit Accounting of Assets) (Waxman, Seth) |
Filing 45 Related case designation letter as to 19cv4137(KAM) and 19cr407(SJ) filed by AUSA Hiral D. Mehta. (Lee, Tiffeny) |
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Filing 42 MOTION to Amend/Correct/Supplement #40 Order on Motion to Amend/Correct/Supplement Preliminary Injunction by Garrett O'Rourke. (Attachments: #1 Exhibit Proposed Modified Preliminary Injunction) (Riopelle, Roland) |
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Filing 41 MOTION to Amend/Correct/Supplement #40 Order on Motion to Amend/Correct/Supplement Preliminary Injunction by Garrett O'Rourke. (Attachments: #1 Exhibit Proposed Modified Preliminary Injunction) (Riopelle, Roland) |
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Filing 38 MOTION to Amend/Correct/Supplement #27 Order on Motion for Preliminary Injunction, by Garrett O'Rourke. (Attachments: #1 Exhibit Proposed Revised Preliminary Injunction) (Riopelle, Roland) |
Filing 37 REPLY in Support re Order on Motion to Stay,,,,,,,,,,,,,,,,,,,,,, Order on Motion for TRO,,,,,,,,,,,,,,,,,,,,,, Show Cause Hearing,,,,,,,,,,,,,,,,,,,,, Proposed Preliminary Injunction Order as to Defendant Black filed by Securities and Exchange Commission. (Shields, Kathleen) |
MINUTE ENTRY and ORDER for proceedings held before Judge Kiyo A. Matsumoto on August 13, 2019 to address Order to Show Cause and Intervenor United States' Motion to Stay the Civil Action. Appearance for Plaintiff Securities & Exchange Commission: Kathleen Burdette Shields, Esq., and Eric Forni, Esq. Appearance for Defendant Black: Seth Brian Waxman, Esq., and Scott MacGriff, Esq. Defendant Black did not personally appear. Appearance for Intervenor United States: Assistant United States Attorneys Hiral D. Mehta, Esq., and Brian Morris, Esq.The Court first addressed Plaintiff's motion for a preliminary injunction against Defendant Black. Plaintiff informed the Court that it did not intend to call any witnesses to testify at the hearing to support its motion for a preliminary injunction, due to concerns raised by Intervenor that doing so could prejudice ongoing criminal proceedings against Defendant Black. Instead, Plaintiff relied on its very detailed submissions, including the Declaration of SEC Forensic Accountant Trevor T. Donelan and the exhibits thereto. (ECF No. 2, Ex. 1.) In addition, the Court reviewed the affidavit of Special Agent Kurt Dengler, submitted in this action in opposition to Defendant Black's motion for expedited discovery, and submitted in the parallel criminal action against Defendant Black in support of Intervenor's application in that action for Defendant Black's arrest. (ECF No. 30, Ex. A.) Defendant, on the other hand, proffered no evidence prior to or at the show cause hearing that could undermine Plaintiff's factual assertions or its showing that a preliminary injunction is warranted. Instead, Defendant Black asserted that cross-examination of Mr. Donelan would undercut Plaintiff's case. For the reasons stated on the record, and in a subsequent order that will set forth the bases for, and terms of, the preliminary injunction, the Court granted Plaintiff's motion for a preliminary injunction against Defendant Black. Plaintiff also provided the Court and counsel for Defendant Black with a proposed preliminary injunction order. Plaintiff is directed to file this proposed order via ECF no later than 12:00 p.m. on August 14, 2019.Having granted Plaintiff's request for a preliminary injunction, the Court next turned to Intervenor's motion to stay this action in light of the parallel criminal proceedings against Defendant Black. Courts routinely "defer[] civil proceedings pending the completion of parallel criminal prosecutions when the interests of justice... require such action." United States v. Kordel, 397 U.S. 1, 12 n.27 (1970). In the Second Circuit, courts employ a variety of tests to evaluate the propriety of a stay of civil proceedings, but the appropriateness of a stay ultimately rests within the sound judgment of the district court "based on the particular facts before it and the extent to which such a stay would work a hardship, inequity, or injustice to a party, the public or the court." Louis Vuitton Malletier S.A. v. LY USA, Inc., 676 F.3d 83, 99 (2d Cir. 2012). Courts consequently consider: "1) the extent to which the issues in the criminal case overlap with those presented in the civil case; 2) the status of the case, including whether the defendants have been indicted; 3) the private interests of the plaintiffs in proceeding expeditiously weighed against the prejudice to plaintiffs caused by the delay; 4) the private interests of and burden on the defendants; 5) the interests of the courts; and 6) the public interest." Id.The foregoing considerations in this action weigh in favor of entering a stay of this civil action pending conclusion of the parallel criminal proceedings against Defendant Black. It is undisputed that there is substantial overlap between the allegations in this action and the parallel criminal action against Defendant Black, see, e.g., Parallel Civil and Criminal Proceedings, 129 F.R.D. 201, 203 (S.D.N.Y. 1989) ("The most important factor at the threshold is the degree to which the civil issues overlap with the criminal issues."), and the United States expects that Defendant Black will soon be indicted based on similar allegations and evidence, Louis Vuitton, 676 F.3d at 101 (recognizing that indictment in parallel criminal proceeding "supported the entry of a stay"). Moreover, the weight of the various stakeholders' interests also favor entry of a stay, in particular, the Court's interest in the efficient resolution of the proceedings and the strong public interest in vindication of the criminal law. See, e.g., S.E.C. v. Shkreli et al., No. 15-cv-7175 (Mar. 22, 2016) (addressing the various stakeholders' interests in similar circumstances and concluding that a stay was appropriate). Therefore, pending resolution of the criminal matter captioned United States v. Michael Black et al., 19-mj-644 (SMG), by verdict, pretrial disposition, or until otherwise allowed by the Court, these civil proceedings are stayed. The parties are, however, granted leave to seek a limited modification of the preliminary injunction to facilitate payment of attorneys' fees or other necessary living expenses. (Court Reporter Victoria Butler.) (Ammari, Kamil) |
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Filing 36 ANSWER to #1 Complaint by Michael J. Black. (Waxman, Seth) |
Filing 35 MOTION to Stay the Civil Case by United States. (Attachments: #1 Memorandum in Support, #2 Proposed Order) (Mehta, Hiral) |
Filing 34 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11753574. by Michael J. Black. (Attachments: #1 Affidavit, #2 Certificate of Good Standing) (MacGriff, Scott) |
Filing 33 Letter from parties relating to witnesses for preliminary injunction hearing by Securities and Exchange Commission (Shields, Kathleen) |
Filing 32 REPLY to Response to Motion re #29 MOTION for Preliminary Injunction Hearing Adjournment and Limited Expedited Discovery (related to document # 30) filed by Michael J. Black. (Waxman, Seth) |
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Filing 31 Letter by Securities and Exchange Commission (Forni, Eric) |
Filing 30 MEMORANDUM in Opposition re #29 MOTION for Preliminary Injunction Hearing Adjournment and Limited Expedited Discovery filed by Securities and Exchange Commission. (Attachments: #1 Exhibit A) (Forni, Eric) |
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Filing 29 MOTION for Preliminary Injunction Hearing Adjournment and Limited Expedited Discovery by Michael J. Black. (Waxman, Seth) |
Filing 28 NOTICE of Appearance by Seth Brian Waxman on behalf of Michael J. Black (notification declined or already on case) (Waxman, Seth) |
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Filing 26 Joint MOTION for Preliminary Injunction as to defendant O'Rourke by Securities and Exchange Commission. (Attachments: #1 Revised Proposed Stipulation and Order for Entry of Preliminary Injunction as to defendant Garrett O'Rourke) (Shields, Kathleen) |
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Filing 23 Joint MOTION for Preliminary Injunction stipulated bewteen Securities and Exchange Commission and Defendant Garrett O'Rourke as to defendant O'Rourke by Securities and Exchange Commission. (Shields, Kathleen) |
Filing 22 MOTION to Adjourn Conference To Allow Stipulated Outcome by Garrett O'Rourke. (Riopelle, Roland) |
Filing 21 NOTICE of Appearance by Roland G. Riopelle on behalf of Garrett O'Rourke (aty to be noticed) (Riopelle, Roland) |
Filing 20 Proposed MOTION for Preliminary Injunction as to defendant O'Rourke by Securities and Exchange Commission. (Shields, Kathleen) |
Filing 19 MOTION for Temporary Restraining Order Extension (for TRO) and Limited Entry of Appearance of Seth B. Waxman by Michael J. Black. (Attachments: #1 Proposed Order) (Waxman, Seth) |
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MINUTE ENTRY and ORDER for telephone conference held before Judge Kiyo A. Matsumoto on July 30, 2019. Appearance for plaintiff: Kathleen Burdette Shields, Esq.; Eric Forni, Esq. Appearance for defendant O'Rourke: Roland G. Riopelle, Esq. The parties discussed #20 the Proposed Motion for a Preliminary Injunction as to Garrett O'Rourke. The court informed the parties that it respectfully declines to execute this proposed order for the reasons stated at this conference. The parties then agreed as follows: (1) Mr. Riopelle will file a notice of appearance in this action; (2) Mr. Riopelle will file a letter with the court advising it as to whether Mr. O'Rourke consents to the entry of a preliminary injunction against him in this action or, alternatively, whether Mr. O'Rourke consents to the extension of the temporary restraining order dated July 17, 2019; and (3) the parties will submit an appropriate stipulation and order executed by counsel for both parties, along with Mr. O'Rourke himself, which provides that the court may enter a preliminary injunction with specific findings and terms. If the parties file an appropriate stipulation and order as provided herein by July 30, 2019 at 11:00 p.m., they need not appear at the hearing currently scheduled for July 31, 2019. (Ammari, Kamil) |
Filing 18 Letter re status report relating to preliminary injunction hearing by Securities and Exchange Commission (Shields, Kathleen) |
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Filing 17 Letter regarding compliance with Court's scheduling order by Securities and Exchange Commission (Shields, Kathleen) |
Filing 16 NOTICE of Appearance by Kathleen Burdette Shields on behalf of Securities and Exchange Commission (notification declined or already on case) (Shields, Kathleen) |
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Filing 15 Letter re compliance with Court's scheduling order by Securities and Exchange Commission (Shields, Kathleen) |
Filing 14 MOTION to Appear Pro Hac Vice by Securities and Exchange Commission. (Attachments: #1 Affidavit, #2 Proposed Order, #3 Certificate of Good Standing) (Lee, Tiffeny) |
Filing 13 NOTARIZED AFFIDAVIT of Eric A. Forni, Esq. re #12 MOTION to Appear Pro Hac Vice by Securities and Exchange Commission. (Lee, Tiffeny) |
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Filing 12 MOTION to Appear Pro Hac Vice as to Eric A. Forni, Esq. by Securities and Exchange Commission. (Attachments: #1 Eric Forni Affidavit, #2 RI Certificate of Good Standing, #3 MA Certificate of Good Standing, #4 Proposed Order) (Lee, Tiffeny) |
Filing 11 SUMMONS Returned Executed by Securities and Exchange Commission. Garrett O'Rourke served on 7/19/2019, answer due 8/9/2019. (Satwalekar, Sandeep) |
Filing 10 SUMMONS Returned Executed by Securities and Exchange Commission. Michael J. Black served on 7/19/2019, answer due 8/9/2019. (Satwalekar, Sandeep) |
Filing 9 Summons Issued as to Michael J. Black. (Galeano, Sonia) |
Filing 8 Summons Issued as to Garrett O'Rourke. (Galeano, Sonia) |
Filing 6 Proposed Summons. Re #1 Complaint by Securities and Exchange Commission (Satwalekar, Sandeep) |
Filing 5 Proposed Summons. Re #1 Complaint by Securities and Exchange Commission (Satwalekar, Sandeep) |
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Filing 4 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 3 Unsigned Order to Show Cause by Securities and Exchange Commission (Bowens, Priscilla) (Main Document 3 replaced on 7/25/2019) (Bowens, Priscilla). |
Filing 2 MOTION for Temporary Restraining Order by Securities and Exchange Commission. (Attachments: #1 Declaration Donelan, #2 Declaration Forni, #3 Memorandum in Support) (Bowens, Priscilla) (Main Document 2 replaced on 7/25/2019) (Bowens, Priscilla). (Main Document 2 replaced on 7/25/2019) (Bowens, Priscilla). (Attachment 1 replaced on 7/25/2019) (Bowens, Priscilla). |
Filing 1 COMPLAINT against Michael J. Black, Garrett O'Rourke Was the Disclosure Statement on Civil Cover Sheet completed -yes,, filed by Securities and Exchange Commission. (Attachments: #1 Civil Cover Sheet) (Bowens, Priscilla) |
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