Securities and Exchange Commission v. Symbol Technologies, Inc. et al
Plaintiff: Securities and Exchange Commission
Defendant: Symbol Technologies, Inc., Tomo Razmilovic, Kenneth Jaeggi, Leonard Goldner, Brian Burke, Michael Degennaro, Frank Borghese, Christopher Desantis, James Heuschneider, Gregory Mortenson, James Dean and Robert Donlon
Interested Party: Anna-Christina Razmilovic
Case Number: 2:2004cv02276
Filed: June 3, 2004
Court: US District Court for the Eastern District of New York
Office: Central Islip Office
Presiding Judge: Joan M Azrack
Referring Judge: Steven I Locke
Nature of Suit: Securities/Commodities
Cause of Action: 15 U.S.C. § 78 m(a) Securities Exchange Act
Jury Demanded By: Defendant
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Docket Report

This docket was last retrieved on August 15, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 15, 2022 Opinion or Order Filing 400 ORDER - Approving the Final Accounting, Terminating the Fair Fund, Discharging the Plan Administrator, and Related Relief, IT IS HEREBY ORDERED: 1. The Motion is GRANTED; 2. The final accounting attached as Exhibit A to the Memorandum is APPROVED; 3. Consistent with equitable principles, the SEC shall remit any funds remaining in the Fair Fund, and any funds returned to the Fair Fund in the future, to the general fund of the U.S. Treasury, subject to Section 21F(g)(3) of the Securities Exchange Act of 1934 [15 U.S. Code 78u-6(g)(3)]; 4. The Fair Fund is TERMINATED; and 5. The Plan Administrator is DISCHARGED, except to the extent that its function as the responsible party for the Fair Fund, a Qualified Settlement Fund, under IRS rules and regulations, survives the termination of the Fair Fund and the filing of the final tax return. IT IS SO ORDERED by Judge Joan M. Azrack on 8/15/2022. (Coleman, Laurie)
August 15, 2022 Opinion or Order Civil Case Terminated. (Coleman, Laurie)
April 15, 2022 Opinion or Order Filing 399 MOTION to Compel / Memorandum in Support of Motion for an Order Approving Final Accounting, Terminating Fair Fund, Discharging the Plan Administrator, and Related Relief by Securities and Exchange Commission. (Attachments: #1 Exhibit Final Accounting, #2 Exhibit Declaration of Plan Administrator) (Pappas, Catherine)
April 15, 2022 Opinion or Order Filing 398 MOTION to Compel /for an Order Approving Final Accounting, Terminating Fair Fund, Discharging Plan Administrator, and Related Relief by Securities and Exchange Commission. (Attachments: #1 Proposed Order) (Pappas, Catherine)
March 16, 2022 Opinion or Order Filing 397 STATUS REPORT by Securities and Exchange Commission (Pappas, Catherine)
February 17, 2022 Opinion or Order STATUS REPORT ORDER - A further status Report should be filed by 3/18/2022. Ordered by Judge Joan M. Azrack on 2/17/2022. (Posillico, Lauren)
February 11, 2022 Opinion or Order Filing 396 STATUS REPORT by Securities and Exchange Commission (Pappas, Catherine)
January 11, 2022 Opinion or Order Filing 395 STATUS REPORT by Securities and Exchange Commission (Pappas, Catherine)
January 11, 2022 Opinion or Order STATUS REPORT ORDER : Plaintiff shall file a further status report by 2/11/2022.Ordered by Judge Joan M. Azrack on 1/11/2022. (Posillico, Lauren)
January 7, 2022 Opinion or Order STATUS REPORT ORDER. Plaintiff shall file a status report by 1/14/2022.Ordered by Judge Joan M. Azrack on 1/7/2022. (Terranova, Robert)
July 29, 2021 Opinion or Order Filing 394 ORDER Directing Additional Distribution re #391 Motion for Disbursement of Funds. IT IS HEREBY ORDERED that an additional distribution pursuant to paragraph 9 of the plan of distribution approved by this Court (the "Plan," ECF No. 382) is approved. The Plan Administrator, A.B. Data, Ltd., shall distribute the Fair Fund, net fees, expenses, and taxes, to Distributees in accordance with the Plan and pursuant to a schedule of distribution as further described in the accompanying memorandum and the exhibit thereto. For purposes of the distribution, all amounts credited against a judgment shall be first credited against ordered disgorgement, then prejudgment interest, then civil penalties, then post-judgment interest. Ordered by Judge Joan M. Azrack on 7/29/2021. (Coleman, Laurie)
June 28, 2021 Opinion or Order Notice: Parties named in the complaint and noted on the docket do not yet have representation. Therefore, full consent cannot be achieved and another District Judge will be randomly assigned at this time. Once all parties are identified, consent to jurisdiction before a U.S. Magistrate Judge can be achieved via utilization of an #AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form signed by all parties. (Florio, Lisa)
June 28, 2021 Opinion or Order Case randomly reassigned to Judge Joan M. Azrack. Judge Sandra J. Feuerstein no longer assigned to the 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. (Florio, Lisa)
June 17, 2021 Opinion or Order ELECTRONIC ORDER: A review of the docket reflects that to date counsel has failed to comply with Administrative Order 2021-08. Counsel are again directed to review Administrative Order 2021-08 and by July 1, 2021, make an appropriate election. Ordered by Magistrate Judge Steven I. Locke on 6/17/2021. (Gandiosi, Kristin)
May 3, 2021 Opinion or Order Filing 393 NOTICE regarding # Administrative Order No. 2021-08 In Re: Matter of Cases Previously Assigned to the Honorable Sandra J. Feuerstein. As set forth in Admin. Order No. 2021-08, the duty to respond to the order is mandatory. Each party must indicate their intent by completing the attached Election Form and returning it to the Clerk's Office within thirty (30) days of the date of the order. In the case of a newly added party, such party has thirty days from the date of appearance in the case in which to return their election form. Election Forms are NOT to be filed via ECF. They are to be sent to the Clerk of Court via email to consent@nyed.uscourts.gov or via United States mail to: United States District Court for the Eastern District of New York, 100 Federal Plaza, Central Islip, New York 11722.CF. They are to be sent to the Clerk of Court via email to consent@nyed.uscourts.gov or via United States mail to: United States District Court for the Eastern District of New York, 100 Federal Plaza, Central Islip, New York 11722. (Florio, Lisa)
March 18, 2021 Opinion or Order Filing 392 MEMORANDUM in Support re #391 MOTION for Disbursement of Funds filed by Securities and Exchange Commission. (Attachments: #1 Declaration of Plan Administrator) (Pappas, Catherine)
March 18, 2021 Opinion or Order Filing 391 MOTION for Disbursement of Funds by Securities and Exchange Commission. (Attachments: #1 Proposed Order) (Pappas, Catherine)
April 24, 2020 Opinion or Order Filing 390 ORDER granting #388 Motion for Disbursement of Funds: IT IS HEREBY ORDERED that an additional distribution pursuant to paragraph 9 of the plan of distribution approved by this Court (the Plan, ECF No. 382) is approved. The Plan Administrator, A.B. Data, Ltd., shall distribute the Fair Fund, net fees, expenses, and taxes, to Eligible Claimants in accordance with the Plan and pursuant to a schedule of distribution prepared as further described in the accompanying memorandum and the exhibit thereto. For purposes of the distribution, all amounts credited against a judgment shall be first credited against ordered disgorgement, then prejudgment interest, then civil penalties, then post-judgment interest. Ordered by Judge Sandra J. Feuerstein on 4/24/2020. (Cubano, Jazmin)
April 23, 2020 Opinion or Order Filing 389 MEMORANDUM in Support re #388 MOTION for Disbursement of Funds filed by Securities and Exchange Commission. (Attachments: #1 Declaration of Plan Administrator) (Pappas, Catherine)
April 23, 2020 Opinion or Order Filing 388 MOTION for Disbursement of Funds by Securities and Exchange Commission. (Attachments: #1 Proposed Order) (Pappas, Catherine)
November 28, 2018 Opinion or Order Filing 387 ORDER granting #385 Motion for Disbursement of Funds. SO Ordered by Judge Sandra J. Feuerstein on 11/28/2018. (Tirado, Chelsea)
November 20, 2018 Opinion or Order Filing 386 MEMORANDUM in Support re #385 MOTION for Disbursement of Funds filed by Securities and Exchange Commission. (Attachments: #1 Declaration of Plan Administrator) (Pappas, Catherine)
November 20, 2018 Opinion or Order Filing 385 MOTION for Disbursement of Funds by Securities and Exchange Commission. (Attachments: #1 Proposed Order) (Pappas, Catherine)
November 7, 2018 Opinion or Order Filing 384 NOTICE of Appearance by Catherine Pappas on behalf of Securities and Exchange Commission (notification declined or already on case) (Pappas, Catherine)
November 5, 2018 Opinion or Order Electronic ORDER granting DE #383 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF; registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ordered by Magistrate Judge Steven I. Locke on 11/5/2018. (Vissichelli, Eric)
October 19, 2018 Opinion or Order Filing 383 MOTION to Appear Pro Hac Vice filed by Catherine E. Pappas Filing fee $ 150. by Securities and Exchange Commission. (Attachments: #1 Affidavit Pro Hac Vice Affidavit of Catherine E. Pappas (SEC), #2 Admission Information Certificates of Good Standing) (Pappas, Catherine)
August 3, 2018 Opinion or Order Filing 382 ORDER granting #380 Motion to Reopen Case - Order Reopening Case, directing recovery and transfer of funds, appointing a plan administrator, and approving a distribution plan. It IS HEREBY ORDERED: 1. The above captioned action is hereby reopened. (See order for further details). SO Ordered by Judge Sandra J. Feuerstein on 8/3/2018. (Tirado, Chelsea)
July 20, 2018 Opinion or Order Motions terminated, docketed incorrectly. This is a Memorandum re Motion #380 . All corrections will be made by the Clerk of Court.: #381 MOTION to Reopen Case Memorandum in Support filed by Securities and Exchange Commission. (Tirado, Chelsea)
July 20, 2018 Opinion or Order Filing 381 Memorandum re #380 MOTION to Reopen Case Memorandum in Support by Securities and Exchange Commission. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Velona, Jess) Modified on 8/6/2018 (Tirado, Chelsea).
July 20, 2018 Opinion or Order Filing 380 MOTION to Reopen Case by Securities and Exchange Commission. (Attachments: #1 Proposed Order) (Velona, Jess)
April 9, 2018 Opinion or Order Filing 379 Letter re Transfer of Money to CRIS account by Securities and Exchange Commission (Brody, Todd)
April 8, 2016 Opinion or Order Filing 378 SATISFACTION OF JUDGMENT re #347 Judgment,,,, entered In favor of Securities and Exchange Commission Against Gregory Mortenson as to Monetary Portions of Judgment by Securities and Exchange Commission (Graubard, John)
March 31, 2016 Opinion or Order Filing 377 FILING FEE: $ 18750.00, receipt number NYEC019828. (Florio, Lisa)
October 2, 2015 Opinion or Order Filing 376 Receipt: $18750.00, receipt number NYEC018658. (Florio, Lisa)
September 28, 2015 Opinion or Order Filing 375 MANDATE of USCA as to #365 Notice of Appeal filed by Securities and Exchange Commission. Appellant moves for voluntary dismissal of this appeal pursuant to FRAP 42(b). IT IS HEREBY ORDERED that the motion is GRANTED. Each party shall bear its own costs of the appeal and any associated attorneys fees. USCA #15-65. (Corsini, Alexander)
September 16, 2015 Opinion or Order Incorrect Case/Document/Entry Information. Due to an error in the linking of the 373 order to the 372 motion, the order filed and entered 9/15/15 had to be deleted and re-entered to correct the error. (Mahon, Cinthia)
September 15, 2015 Opinion or Order Filing 374 AMENDED FINAL JUDGMENT ON CONSENT as to DEFENDANT TOMO RAZMILOVIC - IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Razmilovic is permanently restrained and enjoined from, directly or indirectly, singly or in concert as further set forth herein. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Razmilovic shall disgorge a total of $41,753,623.04, representing ill-gotten gains he received as a result of the conduct alleged in the Complaint, together with prejudgment interest thereon in the amount of $23,311,113.34, and shall pay a civil penalty of$20,876,811.52 pursuant to Section 20(d) of the Securities Act [15 U.S.C. 77t(d)] and Section 21(d)(3) of the Exchange Act [15 U.S.C. 78u(d)(3)], for a total of$85,941,447.90. Razmilovic shall satisfy this obligation by paying $85,941,447.90 within ten business days after entry of this Final Judgment by certified check to the Clerk of the Court (United States District Court, Eastern District of New York, Long Island Courthouse, 100 Federal Plaza, Central Islip, New York 11722). The Clerk shall deposit the funds paid by Razmilovic into an interest-bearing account with the Court Registry Investment System or any other type of interest-bearing account that is utilized by the Court. see Judgment for further details. So Ordered by Judge Sandra J. Feuerstein on 9/15/2015. (Coleman, Laurie)
September 15, 2015 Opinion or Order Filing 373 ORDER granting #372 Motion to Vacate Orders and Enter Amended Judgment - The application is granted and the orders dated November 6, 2014, November 12, 2014 and August 14, 2015 are vacated. The Clerk of the Court shall reopen this case for purposes of entering the final Amended Judgment, and close the case. Ordered by Judge Sandra J. Feuerstein on 9/15/2015. cm by cm/ecf. (Mahon, Cinthia)
September 15, 2015 Opinion or Order Case Reopened. (Mahon, Cinthia)
September 14, 2015 Opinion or Order Filing 372 Joint MOTION to Vacate Orders and Enter Amended Judgment by Securities and Exchange Commission. (Attachments: #1 Exhibit A, #2 Exhibit B) (Velona, Jess)
September 3, 2015 Opinion or Order Filing 371 ORDER granting #368 Joint MOTION to Vacate -- Seeking Indicative Ruling Under FRCP 62.1. IT IS, THEREFORE, ORDERED BY THE COURT that if this case is remanded to the District Court by the Court of Appeals, this Court will grant the parties' joint motion pursuant to Rule 62.1 of the Federal Rules of Civil Procedure and proceed to vacate the Orders and enter the Amended Judgment. Ordered by Judge Sandra J. Feuerstein on 9/3/2015. (Florio, Lisa)
September 3, 2015 Opinion or Order Filing 370 NOTICE of Appearance by John J. Graubard on behalf of Securities and Exchange Commission (aty to be noticed) (Graubard, John)
September 3, 2015 Opinion or Order Filing 369 Letter re Judgment against Gregory Mortenson by Securities and Exchange Commission (Graubard, John)
August 27, 2015 Opinion or Order Filing 368 Joint MOTION to Vacate -- Seeking Indicative Ruling Under FRCP 62.1 by Securities and Exchange Commission. (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. B) (Velona, Jess)
August 20, 2015 Opinion or Order Filing 367 Letter to The Honorable Sandra J. Feuerstein regarding Civil Forfeiture Action and SEC Enforcement Action by Anna-Christina Razmilovic (Attachments: #1 Exhibit A - [PROPOSED] FINAL JUDGMENT ON CONSENT) (Sommer, Michael)
August 14, 2015 Opinion or Order Filing 366 OPINION & ORDER granting #361 Motion for Reconsideration. SO ORDERED that plaintiffs motion for reconsideration of the November Order and Summary Order is granted but, upon reconsideration, I adhere to my original determinations therein. Ordered by Judge Sandra J. Feuerstein on 8/14/2015. (Florio, Lisa)
January 21, 2015 Opinion or Order Electronic Index to Record on Appeal sent to US Court of Appeals. #365 Notice of Appeal Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (Russo, Eric)
January 9, 2015 Opinion or Order Filing 365 NOTICE OF APPEAL as to #354 Judgment,,,,,, #353 Order,,, by Securities and Exchange Commission. (Velona, Jess)
December 4, 2014 Opinion or Order Filing 364 REPLY in Support re #361 MOTION for Reconsideration filed by Securities and Exchange Commission. (Brody, Todd)
December 4, 2014 Opinion or Order Filing 363 MEMORANDUM in Opposition re #361 MOTION for Reconsideration by Defendant Tomo Razmilovic filed by Securities and Exchange Commission. (Brody, Todd)
December 4, 2014 Opinion or Order Filing 362 MEMORANDUM in Support re #361 MOTION for Reconsideration filed by Securities and Exchange Commission. (Brody, Todd)
December 4, 2014 Opinion or Order Filing 361 MOTION for Reconsideration by Securities and Exchange Commission. (Brody, Todd)
November 26, 2014 Opinion or Order Filing 360 Letter from Jeffrey Coopersmith to Todd Brody by Tomo Razmilovic (Coopersmith, Jeffrey)
November 26, 2014 Opinion or Order Filing 359 NOTICE of Change of Law Firm Association, Address, Email by Jeffrey B. Coopersmith (Coopersmith, Jeffrey)
November 20, 2014 Opinion or Order Filing 358 Letter by Securities and Exchange Commission (Brody, Todd)
November 12, 2014 Opinion or Order ORDER denying #355 Motion to Alter Judgment: The application is denied. Ordered by Judge Sandra J. Feuerstein on 11/12/2014. c/ECF (Adell, April)
November 11, 2014 Opinion or Order Filing 357 RESPONSE to Motion re #355 MOTION to Alter Judgment filed by Tomo Razmilovic. (Calman, Camille)
November 11, 2014 Opinion or Order Filing 356 NOTICE of Appearance by Camille Calman on behalf of Tomo Razmilovic (aty to be noticed) (Calman, Camille)
November 10, 2014 Opinion or Order Filing 355 MOTION to Alter Judgment by Securities and Exchange Commission. (Brody, Todd)
November 6, 2014 Opinion or Order Filing 354 CORRECTED FINAL JUDGMENT as to deft Tomo Razmilovic. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Razmilovic shall disgorge a total of $41,753,623.04, representing ill-gotten gains he received as a result of the conduct alleged in the Complaint, together with prejudgment interest thereon in the amount of $27,260,953.99, and shall pay a civil penalty of $20,876,811.52 pursuant to Section 20(d) of the Securities Act [IS U.S.C. 77t(d)] and Section 2l(d)(3) of the Exchange Act [15 U.S.C. 78u(d)(3)], for a total of $89,891,388.55. Razmilovic shall satisfy this obligation by paying $89,891,388.55 within ten business days after entry of this Final Judgment by certified check to the Clerk of the Court (United States District Court, Eastern District of New York, Long Island Courthouse, I 00 Federal Plaza, Central Islip, New York 11722). Razmilovic shall also attach a cover letter identifying himself as a deft in this action, setting forth the title and civil action number of this action and the name of this Court, and specifying that payment is made pursuant to this Final Judgment. Razmilovic shall simultaneously transmit photocopies of such payment and letter to the Commission counsel in this action (Todd Brody, U.S. Securities and Exchange Commission, 3 World Financial Center, New York, NY 10281). By making this payment, Razmilovic relinquishes all legal and equitable right, title, and interest in such funds, and no part of the funds shall be returned to Razrnilovic. Razrnilovic shall also pay post-judgment interest on any delinquent amounts pursuant to 28 U.S.C. 1961. Ordered by Judge Sandra J. Feuerstein on 11/6/2014. (Florio, Lisa)
November 6, 2014 Opinion or Order Filing 353 ORDER: SO ORDERED that (1) the final judgment entered in this action on January 27, 2012 is corrected in accordance herewith pursuant to the Second Circuit's mandate and Rule 60(a) of the Federal Rules of Civil Procedure; and (2) the SEC is granted prejudgment interest on the entire disgorgement amount, in the amount set forth in the final judgment entered on January 27, 2012, i.e., twenty-seven million two hundred sixty thousand nine hundred fifty-three dollars and ninety-nine cents ($27,260,953.99), and is, thus, precluded from applying Razmilovic's frozen funds to the judgment in this case. The Clerk of the Court shall enter the Corrected Judgment and close this case. Ordered by Judge Sandra J. Feuerstein on 11/6/2014. (Florio, Lisa)
November 3, 2014 Opinion or Order Filing 352 STATUS REPORT by Securities and Exchange Commission (Brody, Todd)
October 22, 2014 Opinion or Order STATUS REPORT ORDER: On or before 11/5/2014, plaintiff shall serve and file a status report indicating whether it will apply the frozen $17.2 million to the judgment in this case and forgo prejudgment interest on it, or persist in demanding prejudgment interest on the entire forfeiture amount, in accordance with the mandate of the United States Court of Appeals for the Second Circuit. Ordered by Judge Sandra J. Feuerstein on 10/22/2014. c/ECF (Adell, April)
July 31, 2014 Opinion or Order Case reassigned to Magistrate Judge Steven I Locke. Magistrate Judge William D. Wall no longer assigned to the case. (Talbott, Thomas)
April 9, 2014 Opinion or Order Filing 351 RECEIPT FOR PAYMENT to the Clerk of the Court for funds paid into the Treasury Registry, in the amount of $20,160., paid purs. to the Final Consent Judgment as to Frank Borgese; Receipt Number: NYECO14920; Transaction Date: 4/9/2014; Amount: 20,160.00. (Florio, Lisa)
April 2, 2014 Opinion or Order Filing 350 MANDATE of USCA as to #309 Subsequent Notice of Appeal filed by Tomo Razmilovic and #301 Notice of Appeal filed by Tomo Razmilovic. IT IS HEREBY ORDERED, ADJUDGED and DECREED that the judgment of the district court is AFFIRMED in part, VACATED in part, and the case is REMANDED in accordance with the opinion of this court. USCA # 12-0357. (Attachments: #1 USCA Amended Opinion) (Russo, Eric)
January 31, 2014 Opinion or Order Filing 349 Notice of Related Case. (Mahon, Cinthia)
April 8, 2013 Opinion or Order Filing 348 RECEIPT FOR PAYMENT to the Clerk of the Court for funds paid into the Treasury Registry, in the amount of $20,160., paid purs. to the Final Consent Judgment as to Frank Borgese; Receipt Number: NYECO12163; Transaction Date: 4/9/2013; Amount: 20,160.00. (Fagan, Linda)
March 18, 2013 Opinion or Order Filing 347 JUDGMENT in favor of Securities and Exchange Commission against Gregory Mortenson. Ordered and Adjudged that plaintiff's motion for judgment on partial findings is granted in part and denied in part; that the branch of plaintiff's motion seeking disgorgement is granted to the extent that defendant Gregory Mortenson is liable to disgorge the total amount of $31,176.51, and the the branch of plaintiff's motion seeking disgorgement is otherwise denied; that the branch of plaintiff's motion seeking prejudgment interest is granted to the extent that prejudgment interes is awarded on the disgorgement amount in the total amount of $28,043.78 and that the branch of plaintff's motion seeking prejudgment interest is otherwise denied; that the branch of plaintiff's motion seeking a third tier civil penalty is granted, and that Mortenson is directed to pay a civil penalty in the amount of $15,588.25 and that this case is hereby closed. Ordered by Clerk of Court on 3/18/2013. (Padilla, Kristin)
March 11, 2013 Opinion or Order Filing 346 ORDER granting in part and denying in part #319 Motion for Judgment on Partial Findings. SO ORDERED that (1) the branch of the SEC's motion seeking disgorgement is granted to the extent that Mortenson is liable to disgorge the total amount of thirty-one thousand one hundred seventy-six dollars and fifty-one cents ($31,176.51), and that branch of the SEC's motion is otherwise denied; (2) the branch of the SEC's motion seeking prejudgment interest is granted to the extent that prejudgment interest is awarded on the disgorgement amount in the total amount of twenty-eight thousand forty-three dollars and seventy-eight cents ($28,043.78), and that branch of the motion is otherwise denied; and (3) the branch of the SEC's motion seeking a third-tier civil penalty is granted and Mortenson shall pay a civil penalty in the amount of fifteen thousand five hundred eighty-eight dollars and twenty-five cents ($15,588.25). The Clerk of the Court shall enter final judgment against Mortenson in accordance with this Order and close this case. Ordered by Judge Sandra J. Feuerstein on 3/11/2013. (Florio, Lisa)
December 21, 2012 Opinion or Order Filing 345 FILING FEE re Full Satisfaction of Final Consent Judgment re Robert Dolon: $34,625.30, receipt number NYEC011369. (Florio, Lisa)
December 21, 2012 Opinion or Order Filing 344 Letter from Gordon Mehler to Clerk of the Court enclosing a check in the amount of of $34,625.30 in full satisfaction of the Final Consent Judgment re Robert Donlon. (Florio, Lisa)
December 7, 2012 Opinion or Order Filing 343 CONSENT JUDGMENT in favor of Securities and Exchange Commission against Robert Donlon. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Donlon is liable for disgorgement of $28,516.00 ("Disgorgement"), representing profits gained as a result of the conduct alleged in the Complaint together with prejudgment interest thereon in the amount of $6,109.30, for a total of $34,625.30. Donlon shall satisfy this disgorgement obligation by paying $34,625.30 to the Clerk of this Court within 14 days after entry of this Final Judgment (the "Final Consent Judgment"). See attached judgment for further details. Ordered by Judge Sandra J. Feuerstein on 12/7/2012. (Florio, Lisa)
December 7, 2012 Opinion or Order ORDER granting #342 Motion to Approve Consent Judgment. Ordered by Judge Sandra J. Feuerstein on 12/7/2012. (Florio, Lisa)
December 6, 2012 Opinion or Order Filing 342 MOTION to Approve Consent Judgment against Defendant Robert Donlon by Securities and Exchange Commission. (Brody, Todd)
November 5, 2012 Opinion or Order STATUS REPORT ORDER: Joint Status Report due by 12/5/2012. Ordered by Judge Sandra J. Feuerstein on 11/5/2012. c/ecf (Morabito, Bryan)
October 24, 2012 Opinion or Order Filing 341 STATUS REPORT by Securities and Exchange Commission (Brody, Todd)
September 7, 2012 Opinion or Order Filing 340 REPLY in Support re #319 MOTION for Judgment on Partial Findings against Robert Donlon and Gregory Mortenson filed by Securities and Exchange Commission. (Velona, Jess)
August 30, 2012 Opinion or Order Filing 339 Letter from Greg Mortenson to Judge Feuerstein. (Florio, Lisa)
August 29, 2012 Opinion or Order ORDER re #337 Status Report filed by Securities and Exchange Commission. Application is granted. The parties shall file a further joint status report with the Court by 10/24/2012. Ordered by Judge Sandra J. Feuerstein on 8/29/2012. c/ecf (Morabito, Bryan)
August 27, 2012 Opinion or Order Filing 338 ORDER granting #336 Motion for Extension of Time to File. Ordered by Judge Sandra J. Feuerstein on 8/27/2012. (Florio, Lisa)
August 27, 2012 Opinion or Order Filing 337 STATUS REPORT re: SEC and Donlon by Securities and Exchange Commission (Velona, Jess)
August 24, 2012 Opinion or Order Filing 336 First MOTION for Extension of Time to File by Securities and Exchange Commission. (Brody, Todd)
August 21, 2012 Opinion or Order Filing 335 ORDER granting #332 Motion for Leave to File supplemental briefing. SO ORDERED that the application is granted tot he extent that Donlon and Mortenson may submit supplemental briefs, addressing only the "new" calculations and contentions raised in the SEC's reply papers on or before August 28, 2012. The SEC may respond to the supplemental briefs by serving and filing a surreply. limited to five (5) pages, on or before September 4, 2012. Ordered by Judge Sandra J. Feuerstein on 8/21/2012. (Florio, Lisa)
August 15, 2012 Opinion or Order Filing 334 REPLY to Response to Motion re #332 MOTION for Leave to File Supplemental Brief filed by Robert Donlon. (Attachments: #1 Affirmation of Robert Donlon) (Mehler, Gordon)
August 14, 2012 Opinion or Order Filing 333 MEMORANDUM in Opposition re #332 MOTION for Leave to File Supplemental Brief filed by Securities and Exchange Commission. (Brody, Todd)
August 14, 2012 Opinion or Order Filing 332 MOTION for Leave to File Supplemental Brief by Robert Donlon, Gregory Mortenson. (Mehler, Gordon)
August 10, 2012 Opinion or Order Filing 331 AFFIDAVIT/DECLARATION in Support re #319 MOTION for Judgment on Partial Findings against Robert Donlon and Gregory Mortenson on Reply filed by Securities and Exchange Commission. (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) (Brody, Todd)
August 10, 2012 Opinion or Order Filing 330 REPLY in Support re #319 MOTION for Judgment on Partial Findings against Robert Donlon and Gregory Mortenson filed by Securities and Exchange Commission. (Brody, Todd)
July 30, 2012 Opinion or Order Filing 329 MEMORANDUM in Opposition re #319 MOTION for Judgment on Partial Findings against Robert Donlon and Gregory Mortenson filed by Robert Donlon. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Mehler, Gordon)
July 30, 2012 Opinion or Order Filing 328 Letter dated 7/30/2012 from Greg Mortenson regarding the documents contained in his Opposition to the Motion filed by the SEC. (Padilla, Kristin)
July 24, 2012 Opinion or Order Filing 327 ORDER denying #324 Motion for Hearing. Pursuant to this Court's March 30, 2012 Order, the SEC timely moved to reopen this case as against Mortenson and Donlon. Pursuant to the Partial Final Consent Judgment entered against Donlon on January 22, 2008, the Court will determine the amount of disgorgement and/or civil penalties, if any, and prejudgment interest, if any, "on the basis of affidavits, declarations, excerpts of sworn deposition or investigative testimony, and documentary evidence,...without conducting an evidentiary hearing." Donlon's opposition, if any, to the SEC's motion for Judgment on Partial findings must be filed on or before July 30, 2012 as set forth in this Court's July 5, 2012 Order. The SEC's reply is due on August 10, 2012. So Ordered.. Ordered by Judge Sandra J. Feuerstein on 7/24/2012. (Padilla, Kristin)
July 22, 2012 Opinion or Order Filing 326 REPLY in Support of Request for Status Conference filed by Robert Donlon. (Mehler, Gordon)
July 20, 2012 Opinion or Order Filing 325 MEMORANDUM in Opposition re #324 MOTION for Hearing Concerning Motion To Re-open filed by Securities and Exchange Commission. (Brody, Todd)
July 19, 2012 Opinion or Order Filing 324 MOTION for Hearing Concerning Motion To Re-open by Robert Donlon. (Mehler, Gordon)
July 9, 2012 Opinion or Order Filing 321 REPLY in Support of Motion to Administratively Reopen Case filed by Securities and Exchange Commission. (Brody, Todd)
July 9, 2012 Opinion or Order Filing 320 AFFIDAVIT/DECLARATION in Support re #319 MOTION for Judgment on Partial Findings against Robert Donlon and Gregory Mortenson filed by Securities and Exchange Commission. (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) (Brody, Todd)
July 9, 2012 Opinion or Order Filing 319 MOTION for Judgment on Partial Findings against Robert Donlon and Gregory Mortenson by Securities and Exchange Commission. Responses due by 7/30/2012 (Brody, Todd)
July 6, 2012 Opinion or Order Filing 318 MEMORANDUM in Opposition to Motion to Reopen Case filed by Robert Donlon. (Mehler, Gordon)
July 5, 2012 Opinion or Order Filing 323 FINAL CONSENT JUDGMENT in favor of Securities and Exchange Commission against Brian Burke. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that in view of Burke'sforfeiture of $1,907,156.38 in conjunction with his guilty plea in U.S. v Razmilovic et al., 04-CR-0519 (ED.N.Y.) (LDW)'U.S. v. Razmilovic"), in which he was criminally charged with engaging in the same conduct that is alleged in the Commission's Complaint, Burke is not additionally liable in the Commission's civil action for disgorgement of ill-gotten gains he received as a result of the conduct alleged in the Complaint. See attached judgment for further details. Ordered by Judge Sandra J. Feuerstein on 7/5/2012. (Florio, Lisa) (Additional attachment(s) added on 7/12/2012: #1 Consent of deft Brian Burke) (Florio, Lisa).
July 5, 2012 Opinion or Order Filing 322 CONSENT JUDGMENT in favor of Securities and Exchange Commission against James Dean. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Dean is liable fordisgorgement of $2,500.00, representing profits gained as a result of the conduct alleged in the Complaint together with prejudgment interest thereon in the amount of$1822.00, for a total of $4322.00. Dean shall satisfy this obligation by making payments to the Clerk of this Court in the following manner: See attached judgment. Ordered by Judge Sandra J. Feuerstein on 7/5/2012. (Florio, Lisa) (Additional attachment(s) added on 7/12/2012: #1 Consent of deft James Dean) (Florio, Lisa).
July 5, 2012 Opinion or Order Filing 317 ORDER granting #316 Motion for Leave to File. Mosternson and Donlon shall file any opposition to the SEC's motion on or before July 30, 2012. The SEC shall file an reply thereto on or before August 10, 2012. No extensions of time will be granted absent extraordinary circumstances. Ordered by Judge Sandra J. Feuerstein on 7/5/2012. (Florio, Lisa)
June 28, 2012 Opinion or Order Filing 316 MOTION for Leave to File Consent Judgments and Motion for Final Relief and to Reopen Case by Securities and Exchange Commission. (Attachments: #1 Burke Consent Judgment, #2 Dean Consent Judgment, #3 Motion Seeking Final Judgment Against Mortenson and Donlon) (Brody, Todd)
March 30, 2012 Opinion or Order Filing 315 ORDER re #314 Status Report filed by Securities and Exchange Commission. SO ORDERED that the last status report filed by the SEC on March 29, 2012 indicates no further meaningful resolution of its claims against those four (4) remaining defts. Based upon the SEC's failure to expeditiously prosecute or resolve its remaining claims against those four (4) defts, this case is administratively closed with leave to reopen on ten (10) days notice no later than June 29,2012, or the SEC's remaining claims against those four (4) defts will be deemed dismissed with prejudice for failure to prosecute. Ordered by Judge Sandra J. Feuerstein on 3/30/2012. (Florio, Lisa)
March 29, 2012 Opinion or Order Filing 314 STATUS REPORT by Securities and Exchange Commission (Velona, Jess)
March 28, 2012 Opinion or Order Filing 313 FILING FEE re Final Consent Judgment as to Frank Borghese: $ 20160.00, receipt number NYEC009134. (Attachments: #1 receipt) (Florio, Lisa)
March 7, 2012 Opinion or Order STATUS REPORT ORDER: Joint Status Report due by 3/29/2012.. Ordered by Judge Sandra J. Feuerstein on 3/7/2012. c/ecf (Morabito, Bryan)
February 23, 2012 Opinion or Order Filing 312 STATUS REPORT by Securities and Exchange Commission (Brody, Todd)
February 8, 2012 Opinion or Order Filing 311 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 10/26/09, before Judge Feuerstein. Court Reporter/Transcriber Owen Wicker, Telephone number 631 712-6102. Email address: owicker@optonline.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. Redaction Request due 2/29/2012. Redacted Transcript Deadline set for 3/12/2012. Release of Transcript Restriction set for 5/8/2012. (Wicker, Owen)
February 8, 2012 Opinion or Order Filing 310 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 03/08/10, before Judge Feuerstein. Court Reporter/Transcriber Owen Wicker, Telephone number 631 712-6102. 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. Redaction Request due 2/29/2012. Redacted Transcript Deadline set for 3/12/2012. Release of Transcript Restriction set for 5/8/2012. (Wicker, Owen)
February 7, 2012 Opinion or Order STATUS REPORT ORDER: The parties shall file a joint status report by 2/23/2012 advising the Court of the status of attempts to finalize judgments against remaining defendants. Ordered by Judge Sandra J. Feuerstein on 2/7/2012. c/ecf (Morabito, Bryan)
February 3, 2012 Opinion or Order Filing 309 Subsequent NOTICE OF APPEAL as to #308 Order on Motion for Entry of Judgment under Rule 54(b),, Add and Terminate Parties,,,,,,,,,,,,,,,,,,,,, by Tomo Razmilovic Amended Notice of Appeal. (Coopersmith, Jeffrey)
February 3, 2012 Opinion or Order Electronic Index to Record on Appeal sent to US Court of Appeals. #309 Subsequent Notice of Appeal Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (Romano, Daniel)
January 24, 2012 Opinion or Order Filing 308 ORDER granting #299 Motion for Entry of Judgment under Rule 54(b). FINAL JUDGMENT in favor of Securities and Exchange Commission against Tomo Razmilovic. SO ORDERED that Razmilovic shall satisfy this obligation by paying$91,891,388.55 within ten business days after entry of this Final Judgment by certified check to the Clerk of the Court (United States District Court, Eastern District of New York, Long Island Courthouse, 100 Federal Plaza, Central Islip, New York 11722). Razmilovic shall also attach a cover letter identifying himself as a deft in this action, setting forth the title and civil action number of this action and the name of this Court, and specifying that payment is made pursuant to this Final Judgment. Razmilovic shall simultaneously transmit photocopies of such payment and letter to the Commission counsel in this action (Todd Brody, U.S. Securities and Exchange Commission, 3 World Financial Center, New York, NY 10281). By making this payment, Razmilovic relinquishes all legal and equitable right, title, and interest in such funds, and no part of the funds shall be returned to Razmilovic. Razmilovic shall also pay post-judgment interest on any delinquent amounts. The Clerk shall deposit the funds paid by Razmilovic into an interest-bearing account with the Court Registry Investment System or any other type of interest-bearing account that is utilized by the Court. These funds, together with any interest and income earned thereon (collectively, the "Fund"), shall be held in the interest bearing account until further order of the Court. The Commission may by motion propose a plan to distribute the Fund subject to the Court's approval. Such a plan may provide that the Fund shall be distributed pursuant to the Fair Fund provisions of Section 308(a) of the Sarbanes-Oxley Act of2002. See attached order for further details. Tomo Razmilovic terminated.. Ordered by Judge Sandra J. Feuerstein on 1/24/2012. (Florio, Lisa)
January 18, 2012 Opinion or Order Filing 307 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 6/21/2010, before Judge Sandra Feuerstein. Court Reporter/Transcriber Ellen Combs, Telephone number 631-712-6107. Email address: ellencombs@hotmail.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. Redaction Request due 2/8/2012. Redacted Transcript Deadline set for 2/21/2012. Release of Transcript Restriction set for 4/17/2012. (Combs, Ellen)
January 18, 2012 Opinion or Order Filing 306 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 3/16/2010, before Judge Sandra Feuerstein. Court Reporter/Transcriber Ellen Combs, Telephone number 631-712-6107. Email address: ellencombs@hotmail.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. Redaction Request due 2/8/2012. Redacted Transcript Deadline set for 2/21/2012. Release of Transcript Restriction set for 4/17/2012. (Combs, Ellen)
January 18, 2012 Opinion or Order Filing 305 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 3/15/2010, before Judge Sandra Feuerstein. Court Reporter/Transcriber Ellen Combs, Telephone number 631-712-6107. Email address: ellencombs@hotmail.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. Redaction Request due 2/8/2012. Redacted Transcript Deadline set for 2/21/2012. Release of Transcript Restriction set for 4/17/2012. (Combs, Ellen)
December 22, 2011 Opinion or Order Filing 304 TRANSCRIPT REQUEST by Securities and Exchange Commission (Brody, Todd)
December 19, 2011 Opinion or Order Filing 303 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 03/16/2010, before Judge Sandra J. Feuerstein. Court Reporter/Transcriber Ellen Combs, Telephone number 631-712-6107. Email address: ellencombs@hotmail.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. Redaction Request due 1/9/2012. Redacted Transcript Deadline set for 1/19/2012. Release of Transcript Restriction set for 3/19/2012. (Combs, Ellen)
December 19, 2011 Opinion or Order Filing 302 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 03/15/2010, before Judge Sandra J. Feuerstein. Court Reporter/Transcriber Ellen Combs, Telephone number 631-712-6107. Email address: ellencombs@hotmail.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. Redaction Request due 1/9/2012. Redacted Transcript Deadline set for 1/19/2012. Release of Transcript Restriction set for 3/19/2012. (Combs, Ellen) Modified on 12/19/2011 (Marziliano, August).
December 1, 2011 Opinion or Order USCA Appeal Fees received $ 455 receipt number NYEC008078 re #301 Notice of Appeal filed by Tomo Razmilovic (Romano, Daniel)
November 29, 2011 Opinion or Order Filing 301 NOTICE OF APPEAL by Tomo Razmilovic. (Coopersmith, Jeffrey)
November 18, 2011 Opinion or Order Case erroneously reassigned to Magistrate Judge Brown. Case returned back to Magistrate Judge William D. Wall. Magistrate Judge Gary R. Brown no longer assigned to case. (Gapinski, Michele)
November 17, 2011 Opinion or Order Magistrate Judge Gary R. Brown added. Magistrate Judge William D. Wall no longer assigned to case. (Bowens, Priscilla)
October 26, 2011 Opinion or Order Filing 300 RESPONSE to Motion re #299 MOTION for Entry of Judgment under Rule 54(b) against Tomo Razmilovic Defendant Tomo Razmilovic's Objection To The Form And Substance Of The SEC's Proposed Final Judgment filed by Tomo Razmilovic. (Coopersmith, Jeffrey)
October 26, 2011 Opinion or Order Filing 299 MOTION for Entry of Judgment under Rule 54(b) against Tomo Razmilovic by Securities and Exchange Commission. (Brody, Todd)
September 30, 2011 Opinion or Order Filing 298 MEMORANDUM AND DECISION granting #270 Motion for Damages; denying as moot #276 Motion to Strike. For the foregoing reasons: (1) Razmilovic is permanently enjoined from violating Section 17(a) of the Securities Act, 15USC 77q(a), and Sections 10(b) 13(a), 13(b)(2) and 13(b)(5) of the Exchange Act, 15 USC 78j(b), 78m(a), 78m(b)(2) and 78m(b)(5), and Rules 10b-5, 240.12b-20, 240.13a-1, 13b2-1 and 13b202 thereunder, 17 C.F.R. 240.10b-5, 240-12b-20, 240.13a-1, 240.13a-13, 240.13b2-2; (2) Razmilovic is liable to disgorge the total amount of $41,753,623.04, plus prejudgment interest determined in accordance with the IRS rate for underpayment of taxes, 26 U.S.C. 6621(a)(2), and this memorandum of decision; (3) Razmilovic shall pay a civil penalty in the amount of $20,876,811.52; and (4) Razmilovic is permanently prohibited from serving as an officer or director of any public company. Within 30 days from the date of this memorandum of decision, the SEC shall file a proposed judgment in accordance herewith, and calculating prejudgment interest at the IRS underpayment rate, 26 U.S.C. 6621(a)(2), as set forth herein through the date of entry of the judgment. SO ORDERED. Ordered by Judge Sandra J. Feuerstein on 9/30/2011. (Brienza, Lauren)
November 23, 2010 Opinion or Order Filing 297 Letter by Securities and Exchange Commission (Velona, Jess)
November 18, 2010 Opinion or Order Filing 296 Letter to Honorable Sandra J. Feuerstein with copy of decision in In re Oracle Corporation Securities Litigation by Tomo Razmilovic (Coopersmith, Jeffrey)
October 26, 2010 Opinion or Order Filing 295 RECEIPT for payment from James E. Heuschneider in the amount of $4,837.00 - Final Payment. (Brienza, Lauren)
October 18, 2010 Opinion or Order Filing 294 AFFIDAVIT/AFFIRMATION re #289 Affidavit in Opposition to Motion, Declaration of Tania Magoon, Esq. in Support of Defendant Tomo Razmilovic's Post-Trial Brief by Tomo Razmilovic (Attachments: #1 Exhibit Supplemental Declaration of Denise Neumann Martin, Ph.D.) (Coopersmith, Jeffrey)
October 12, 2010 Opinion or Order Filing 293 AFFIDAVIT/DECLARATION in Opposition re #285 MOTION for Damages Opposition Post-Hearing Memorandum in Further Support Second Supplemental Declaration of Denise Neumann Martin, Ph.D. filed by Tomo Razmilovic. (Coopersmith, Jeffrey)
October 12, 2010 Opinion or Order Filing 292 REPLY to Response to Motion re #285 MOTION for Damages Opposition Post-Hearing Memorandum in Further Support Defendant Tomo Razmilovic's Reply Brief In Opposition To Plaintiff's Post-Hearing Memorandum filed by Tomo Razmilovic. (Coopersmith, Jeffrey)
October 12, 2010 Opinion or Order Filing 291 REPLY in Support re #270 MOTION for Damages Against Tomo Razmilovic filed by Securities and Exchange Commission. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit) (Velona, Jess)
October 8, 2010 Opinion or Order Filing 290 Letter by Securities and Exchange Commission (Brody, Todd)
October 4, 2010 Opinion or Order Motions terminated, docketed incorrectly: #286 MOTION for Damages Affidavit of Dr. Edward O'Neal filed by Securities and Exchange Commission, #285 MOTION for Damages Opposition Post-Hearing Memorandum in Further Support filed by Securities and Exchange Commission, #287 MOTION for Damages Declaration of Jess Velona filed by Securities and Exchange Commission. These are documents in support of the motion, not actual motions. All corrections have been made. (Brienza, Lauren)
October 4, 2010 Opinion or Order Filing 289 AFFIDAVIT/DECLARATION in Opposition re #284 MOTION for Damages - Revised Memorandum Supplemental Declaration of Denise Neumann Martin, Ph.D. in Support of Defendant Tomo Razmilovic's Brief in Opposition to Plaintiff's Post-Hearing Memorandum filed by Tomo Razmilovic. (Coopersmith, Jeffrey)
October 4, 2010 Opinion or Order Filing 288 RESPONSE in Opposition re #284 MOTION for Damages - Revised Memorandum Defendant Tomo Razmilovic's Brief in Opposition to Plaintiff's Post-Hearing Memorandum filed by Tomo Razmilovic. (Coopersmith, Jeffrey)
October 4, 2010 Opinion or Order Filing 287 Declaration of Jess Velona re Motion for Damages by Securities and Exchange Commission. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Velona, Jess) Modified on 10/5/2010 (Brienza, Lauren).
October 4, 2010 Opinion or Order Filing 286 Affidavit of Dr. Edward O'Neal re Motion for Damages by Securities and Exchange Commission. (Velona, Jess) Modified on 10/5/2010 (Brienza, Lauren).
October 4, 2010 Opinion or Order Filing 285 Opposition Post-Hearing Memorandum in Further Support by Securities and Exchange Commission. (Velona, Jess) Modified on 10/5/2010 (Brienza, Lauren).
September 27, 2010 Opinion or Order Motions terminated, docketed incorrectly: #284 MOTION for Damages - Revised Memorandum filed by Securities and Exchange Commission. This is a supplemental memorandum, not a motion. All corrections have been made. (Brienza, Lauren)
September 27, 2010 Opinion or Order Filing 284 Post-Hearing MEMORANDUM by Securities and Exchange Commission. (Velona, Jess) Modified on 9/29/2010 (Brienza, Lauren).
September 22, 2010 Opinion or Order Filing 283 Letter in response to Razmilovic's 9.22.10 letter by Securities and Exchange Commission (Velona, Jess)
September 22, 2010 Opinion or Order Filing 282 Letter Of Razmilovic In Response To SEC 09-22-2010 Letter To Honorable Sandra J. Feuerstein Re SEC's Filing Of Revised Brief by Tomo Razmilovic (Coopersmith, Jeffrey)
September 22, 2010 Opinion or Order Filing 281 Letter by Securities and Exchange Commission (Velona, Jess)
September 21, 2010 Opinion or Order Filing 279 RESPONSE in Opposition re #270 MOTION for Damages Against Tomo Razmilovic Exhibit 2 to Deposition of Edward S. O'Neal, Exhibit C to Declaration of Denise Neumann Martin, Ph.D., Filed 09-20-2010 as Document No. 275, filed by Tomo Razmilovic. (Coopersmith, Jeffrey)
September 21, 2010 Opinion or Order Filing 278 REPLY to Response to Motion re #276 Letter MOTION to Strike #270 MOTION for Damages Against Tomo Razmilovic Letter Reply To SEC'S Opposition To Razmilovic Motion To Strike Overlength Brief filed by Tomo Razmilovic. (Coopersmith, Jeffrey)
September 21, 2010 Opinion or Order Filing 277 MEMORANDUM in Opposition re #276 Letter MOTION to Strike #270 MOTION for Damages Against Tomo Razmilovic filed by Securities and Exchange Commission. (Brody, Todd)
September 20, 2010 Opinion or Order Filing 280 ORDER granting #267 Motion for Leave to File Excess Pages. SO ORDERED that the application is granted to the extent that the parties may file briefs not to exceed fifty (50) pages in length. Ordered by Judge Sandra J. Feuerstein on 9/20/2010. (Glueckert, Lisa)
September 20, 2010 Opinion or Order Filing 276 Letter MOTION to Strike #270 MOTION for Damages Against Tomo Razmilovic by Tomo Razmilovic. (Coopersmith, Jeffrey)
September 20, 2010 Opinion or Order Filing 275 AFFIDAVIT/DECLARATION in Opposition re #270 MOTION for Damages Against Tomo Razmilovic Declarationof Denise Neumann Martin, Ph.D. filed by Tomo Razmilovic. (Attachments: #1 Exhibit Exhibit A to Martin Declaration, #2 Exhibit Exhibit B to Martin Declaration, #3 Exhibit Exhibit C (Part 01) to Martin Declaration, #4 Exhibit Exhibit C (Part 02) to Martin Declaration, #5 Exhibit Exhibit C (Part 03) to Martin Declaration, #6 Exhibit Exhibit C (Part 04) to Martin Declaration, #7 Exhibit Exhibit C (Part 05) to Martin Declaration, #8 Exhibit Exhibit C (Part 06) to Martin Declaration, #9 Exhibit Exhibit C (Part 07) to Martin Declaration, #10 Exhibit Exhibit C (Part 08) to Martin Declaration, #11 Exhibit Exhibit C (Part 09) to Martin Declaration, #12 Exhibit Exhibit C (Part 10) to Martin Declaration, #13 Exhibit Exhibit C (Part 11) to Martin Declaration, #14 Exhibit Exhibit C (Part 12) to Martin Declaration, #15 Exhibit Exhibit C (Part 13) to Martin Declaration, #16 Exhibit Exhibit C (Part 14) to Martin Declaration, #17 Exhibit Exhibit C (Part 15) to Martin Declaration, #18 Exhibit Exhibit D to Martin Declaration, #19 Exhibit Exhibit E to Martin Declaration, #20 Exhibit Exhibit F to Martin Declaration, #21 Exhibit Exhibit G (Part 01) to Martin Declaration, #22 Exhibit Exhibit G (Part 02) to Martin Declaration) (Coopersmith, Jeffrey)
September 20, 2010 Opinion or Order Filing 274 AFFIDAVIT/DECLARATION in Opposition re #270 MOTION for Damages Against Tomo Razmilovic Declaration of Simon Kunz in Support of Defendant Tomo Razmilovic's Post-Trial Brief filed by Tomo Razmilovic. (Attachments: #1 Exhibit Exhibit 1 to Declaration of Simon Kunz, #2 Exhibit Exhibit 2 to Declaration of Simon Kunz, #3 Exhibit Exhibit 3 to Declaration of Simon Kunz, #4 Exhibit Exhibit 4 to Declaration of Simon Kunz) (Coopersmith, Jeffrey)
September 20, 2010 Opinion or Order Filing 273 AFFIDAVIT/DECLARATION in Opposition re #270 MOTION for Damages Against Tomo Razmilovic Declaration Of Jeffrey B. Coopersmith, Esq. In Support of Defendant Tomo Razmilovic's Post-Trial Brief filed by Tomo Razmilovic. (Attachments: #1 Exhibit Exhibit 1 to Coopersmith Declaration, #2 Exhibit Exhibit 2 to Coopersmith Declaration, #3 Exhibit Exhibit 3 to Coopersmith Declaration, #4 Exhibit Exhibit 4 to Coopersmith Declaration, #5 Exhibit Exhibit 5 to Coopersmith Declaration, #6 Exhibit Exhibit 6 to Coopersmith Declaration, #7 Exhibit Exhibit 7 (Part I) to Coopersmith Declaration, #8 Exhibit Exhibit 7 (Part II) to Coopersmith Declaration) (Coopersmith, Jeffrey)
September 20, 2010 Opinion or Order Filing 272 RESPONSE to Motion re #270 MOTION for Damages Against Tomo Razmilovic Defendant Tomo Razmilovic's Post-Trial Brief filed by Tomo Razmilovic. (Coopersmith, Jeffrey)
September 20, 2010 Opinion or Order Filing 271 AFFIDAVIT/DECLARATION in Support re #270 MOTION for Damages Against Tomo Razmilovic filed by Securities and Exchange Commission. (Brody, Todd)
September 20, 2010 Opinion or Order Filing 270 MOTION for Damages Against Tomo Razmilovic by Securities and Exchange Commission. (Brody, Todd) (Main Document 270 replaced for statistical purposes (original pdf flagged as corrupt) on 5/5/2021) (Florio, Lisa).
September 15, 2010 Opinion or Order Filing 269 REPLY to Response to Motion re #267 MOTION for Leave to File Excess Pages filed by Securities and Exchange Commission. (Velona, Jess)
September 14, 2010 Opinion or Order Filing 268 RESPONSE to Motion re #267 MOTION for Leave to File Excess Pages Letter of Defendant Razmilovic In Response to SEC's Letter Motion for Leave to File a Post-Trial Brief of 60 Pages filed by Tomo Razmilovic. (Coopersmith, Jeffrey)
September 14, 2010 Opinion or Order Filing 267 MOTION for Leave to File Excess Pages by Securities and Exchange Commission. (Velona, Jess)
June 23, 2010 Opinion or Order Filing 266 SCHEDULING ORDER: Post hearing briefs due 9/20/10; opposition briefs due 10/4/10; reply briefs due 10/11/10. Ordered by Judge Sandra J. Feuerstein on 6/23/2010. (Brienza, Lauren)
June 21, 2010 Opinion or Order Filing 265 Minute Entry for proceedings held before Judge Sandra J. Feuerstein: Counsel present. Status Conference held on 6/21/2010. Decision entered on the record. Parties to provide a joint proposed briefing schedule regarding post hearing submissions as stated on the record by 5:00 PM today. All pending motions in limine decided on the record. (Court Reporter Ellen Combs.) (Brienza, Lauren)
June 21, 2010 Opinion or Order Filing 264 Proposed Scheduling Order by Securities and Exchange Commission (Velona, Jess)
June 18, 2010 Opinion or Order Filing 263 AFFIDAVIT/DECLARATION in Opposition re #253 MOTION in Limine Notice of Motion to Exclude Expert Testimony of Denise Neumann Martin Declaration Of Denise Neumann Martin In Support Of Defendant's Opposition To Plaintiff's Motion To Exclude Denise Neumann Martin's Testimony filed by Tomo Razmilovic. (Coopersmith, Jeffrey)
June 18, 2010 Opinion or Order Filing 262 MEMORANDUM in Opposition re #253 MOTION in Limine Notice of Motion to Exclude Expert Testimony of Denise Neumann Martin Defendant Tomo Razmilovic's Memorandum Of Law In Opposition To Plaintiff's Motion To Exclude Proposed Expert Testimony Of Dr. Denise Neumann Martin filed by Tomo Razmilovic. (Coopersmith, Jeffrey)
June 16, 2010 Opinion or Order ORDER denying as moot #261 Motion to Appear by Telephone. Ordered by Judge Sandra J. Feuerstein on 6/16/2010. C/ECF (Morabito, Bryan)
June 15, 2010 Opinion or Order Filing 261 Letter Appear by Telephone Letter of Jeffrey Coopersmith Requesting Telephone Appearance And Requesting Said Conference Be Scheduled Between 2:30 pm and 5:00 pm EDT by Tomo Razmilovic. (Coopersmith, Jeffrey)
June 15, 2010 Opinion or Order NOTICE of Hearing: Due to a change in the Court's calendar, the conference scheduled before Judge Feuerstein on 6/16/10 is adjourned to 6/21/10 at 11:00 am, and the bench trial will be rescheduled during the 6/21/10 conference. c/ecf (Morabito, Bryan)
June 14, 2010 Opinion or Order Filing 260 ORDER denying #225 Motion for Judgment on Partial Findings; denying #236 Motion for Recusal. Counsel for the SEC and Razmilovic are directed to appear in my courtroom on June 16, 2010 at 12:30 PM for a conference on their pending motions in limine. The trial will continue, as previously scheduled, on June 21, 2010 at 10:00 AM. Ordered by Judge Sandra J. Feuerstein on 6/14/2010. (Brienza, Lauren)
June 11, 2010 Opinion or Order Filing 259 REPLY to Response to Motion re #246 MOTION in Limine Notice of Motion to Exclude Proposed Expert Testimony of Edward S. O'Neal, Ph.D. Defendant Tomo Razmilovic's Reply Memorandum Of Law In Support Of Motion To Exclude Proposed Expert Testimony Of Edward S. O'Neal, Ph.D. filed by Tomo Razmilovic. (Coopersmith, Jeffrey)
June 4, 2010 Opinion or Order Motions terminated, docketed incorrectly: #255 MOTION in Limine Declaration of Jess Velona filed by Securities and Exchange Commission, #254 MOTION in Limine Memorandum of Law in Support of Motion to Exclude Expert Testimony of Denise Neumann Martin filed by Securities and Exchange Commission. (Brienza, Lauren)
June 4, 2010 Opinion or Order Filing 258 AFFIDAVIT/DECLARATION in Opposition re #246 MOTION in Limine Notice of Motion to Exclude Proposed Expert Testimony of Edward S. O'Neal, Ph.D. filed by Securities and Exchange Commission. (Attachments: #1 Exhibit No. 1. O'Neal Expert Report, #2 Exhibit No. 2. O'Neal Deposition Excerpts, #3 Exhibit Martin Deposition Excerpts, #4 Exhibit No. 4. Razmilovic-Bank of America Collar Agreement, #5 Exhibit No. 5. Dilworth Trial Testimony Excerpts) (Velona, Jess)
June 4, 2010 Opinion or Order Filing 257 AFFIDAVIT/DECLARATION in Opposition re #246 MOTION in Limine Notice of Motion to Exclude Proposed Expert Testimony of Edward S. O'Neal, Ph.D. filed by Securities and Exchange Commission. (Velona, Jess)
June 4, 2010 Opinion or Order Filing 256 MEMORANDUM in Opposition to Motion to Exclude Expert Testimony of Edward S. O'Neal Ph.D. filed by Securities and Exchange Commission. (Velona, Jess)
June 4, 2010 Opinion or Order Filing 255 Declaration of Jess Velona by Securities and Exchange Commission. (Attachments: #1 Exhibit Ex. 1 - Martin Report, #2 Exhibit Ex. 2 - Martin Deposition, #3 Exhibit Ex. 3 - NERA Website Screen Print, #4 Exhibit Ex. 4 - Martin Congressional Testimony, #5 Exhibit Ex. 5 - Wellesley/Peggy Howard Fellowship website screen print, #6 Exhibit Ex. 6 - Razmilovic Rule 26(a)(1) Disclosures) (Velona, Jess) Modified on 6/7/2010 (Brienza, Lauren).
June 4, 2010 Opinion or Order Filing 254 Memorandum of Law in Support of Motion to Exclude Expert Testimony of Denise Neumann Martin by Securities and Exchange Commission. (Velona, Jess) Modified on 6/7/2010 (Brienza, Lauren).
June 4, 2010 Opinion or Order Filing 253 MOTION in Limine Notice of Motion to Exclude Expert Testimony of Denise Neumann Martin by Securities and Exchange Commission. (Velona, Jess)
May 28, 2010 Opinion or Order Filing 252 ORDER re #250 Letter filed by Securities and Exchange Commission - The application is denied. Ordered by Judge Sandra J. Feuerstein on 5/28/2010. (Brienza, Lauren)
May 26, 2010 Opinion or Order Filing 251 Letter by Tomo Razmilovic (Coopersmith, Jeffrey)
May 26, 2010 Opinion or Order Filing 250 Letter by Securities and Exchange Commission (Velona, Jess)
May 21, 2010 Opinion or Order Filing 249 Proposed Pretrial Order Order [Proposed] Re Defendant Razmilovic's Motion to Exclude Proposed Expert Testimony of Edward S. O'Neal, Ph.D. by Tomo Razmilovic (Coopersmith, Jeffrey)
May 21, 2010 Opinion or Order Filing 248 AFFIDAVIT/DECLARATION in Support re #246 MOTION in Limine Notice of Motion to Exclude Proposed Expert Testimony of Edward S. O'Neal, Ph.D. Declaration of Jeffrey B. Coopersmith in Support of Defendant Tomo Razmilovic's Motion to Exclude Proposed Expert Testimony of Edward S. O'Neal Ph.D. filed by Tomo Razmilovic. (Attachments: #1 Exhibit 1-Expert Report of Edward S. O'Neal, Ph.D., #2 Exhibit 2-Part I Edward O'Neal Deposition PP1-49, #3 Exhibit 2-Part II Edward O'Neal Deposition PP50-98, #4 Exhibit 2-Part III Edward O'Neal Deposition PP99-147, #5 Exhibit 2-Part IV Edward O'Neal Deposition PP148-196, #6 Exhibit 2-Part V Edward O'Neal Deposition PP197-224, #7 Exhibit 3-Press Release Dtd 07162001, #8 Exhibit 4-Announcements Dtd 02142002, #9 Exhibit 5-Newsday Article Dtd 02132002) (Coopersmith, Jeffrey)
May 21, 2010 Opinion or Order Filing 247 MEMORANDUM in Support re #246 MOTION in Limine Notice of Motion to Exclude Proposed Expert Testimony of Edward S. O'Neal, Ph.D. Defendant Tomo Razmilovic's Memorandum of Law in Support of Motion to Exclude Proposed Expert Testimony of Edward S. O'Neal, Ph.D. filed by Tomo Razmilovic. (Coopersmith, Jeffrey)
May 21, 2010 Opinion or Order Filing 246 MOTION in Limine Notice of Motion to Exclude Proposed Expert Testimony of Edward S. O'Neal, Ph.D. by Tomo Razmilovic. (Coopersmith, Jeffrey)
May 17, 2010 Opinion or Order Filing 245 REPLY to Response to Motion re #236 MOTION for Recusal Defendant Tomo Razmilovic's Reply Memorandum In Support Of Motion For Recusal filed by Tomo Razmilovic. (Coopersmith, Jeffrey)
May 10, 2010 Opinion or Order Filing 244 AFFIDAVIT/DECLARATION in Opposition re #236 MOTION for Recusal by Defendant Tomo Razmilovic filed by Securities and Exchange Commission. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4) (Velona, Jess)
May 10, 2010 Opinion or Order Filing 243 MEMORANDUM in Opposition to Defendant Tomo Razmilovic's Motion for Recusal filed by Securities and Exchange Commission. (Velona, Jess)
May 5, 2010 Opinion or Order Filing 242 ORDER granting #240 Motion to Continue to the extent that the trial is rescheduled on 6/21/10 at 10:00 AM. Ordered by Judge Sandra J. Feuerstein on 5/5/2010. (Brienza, Lauren)
May 5, 2010 Opinion or Order NOTICE: The Bench Trial originally scheduled before Judge Feuerstein on 5/10/2010 at 10:00 am has been rescheduled on 6/21/10 at 10:00 am. c/ecf (Morabito, Bryan)
May 4, 2010 Opinion or Order Filing 241 MEMORANDUM in Opposition re #240 Letter MOTION to Continue Date for Resumption of Trial or Accelerate Briefing Schedule Regarding Defendant Razmilovic's Motion for Recusal filed by Securities and Exchange Commission. (Brody, Todd)
May 3, 2010 Opinion or Order Filing 240 Letter MOTION to Continue Date for Resumption of Trial or Accelerate Briefing Schedule Regarding Defendant Razmilovic's Motion for Recusal by Tomo Razmilovic. (Coopersmith, Jeffrey)
April 30, 2010 Opinion or Order Filing 239 Exhibit List and rest of Revised Pre-Trial Order by Tomo Razmilovic, Securities and Exchange Commission. (Coopersmith, Jeffrey)
April 27, 2010 Opinion or Order Filing 238 AFFIDAVIT/DECLARATION in Support re #236 MOTION for Recusal of Jeffrey B. Coopersmith filed by Tomo Razmilovic. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Coopersmith, Jeffrey)
April 27, 2010 Opinion or Order Filing 237 MEMORANDUM in Support re #236 MOTION for Recusal filed by Tomo Razmilovic. (Coopersmith, Jeffrey)
April 27, 2010 Opinion or Order Filing 236 MOTION for Recusal by Tomo Razmilovic. (Coopersmith, Jeffrey)
April 12, 2010 Opinion or Order Filing 235 ORDER granting #230 Motion to Compel to reopen case in chief. Ordered by Judge Sandra J. Feuerstein on 4/12/2010. (Brienza, Lauren)
April 12, 2010 Opinion or Order Filing 234 MEMORANDUM in Opposition re #225 Notice of MOTION for Judgment on Partial Findings Pursuant to Fed.R.Civ.P. 52(c) filed by Securities and Exchange Commission. (Brody, Todd)
April 12, 2010 Opinion or Order Filing 232 Letter attaching expert report by Securities and Exchange Commission (Attachments: #1 expert report) (Velona, Jess)
April 9, 2010 Opinion or Order Filing 233 Minute Entry for proceedings held before Judge Sandra J. Feuerstein: Counsel present. Status Conference held on 4/9/2010. SEC to make motion to reopen case by 4/9/10. Dft's response due 4/23/10; reply due 4/25/10. (Brienza, Lauren)
April 9, 2010 Opinion or Order Filing 231 Letter to Honorable Sandra J. Feuerstein from Jeffrey B. Coopersmith by Tomo Razmilovic (Attachments: #1 Exhibit Expert Report of Denise Neumann Martin, Ph.D., April 9, 2010) (Coopersmith, Jeffrey)
April 9, 2010 Opinion or Order Filing 230 MOTION to Compel to Reopen Case in Chief by Securities and Exchange Commission. (Brody, Todd) Modified on 4/15/2010 (Brienza, Lauren).
April 5, 2010 Opinion or Order Filing 229 FINAL CONSENT JUDGMENT in favor of Securities and Exchange Commission against Michael Degennaro. Ordered by Judge Sandra J. Feuerstein on 4/5/2010. (Brienza, Lauren)
April 5, 2010 Opinion or Order ORDER granting #223 Motion to Approve Consent Judgment. Ordered by Judge Sandra J. Feuerstein on 4/5/2010. (Brienza, Lauren)
April 5, 2010 Opinion or Order Filing 227 Proposed Findings of Fact by Tomo Razmilovic (Coopersmith, Jeffrey)
April 5, 2010 Opinion or Order Filing 226 MEMORANDUM in Support re #225 Notice of MOTION for Judgment on Partial Findings Pursuant to Fed.R.Civ.P. 52(c) Defendant Tomo Razmilovic's Memorandum of Law In Support of Motion for Judgment on Partial Findings Pursuant to Fed.R.Civ.P. 52(c) filed by Tomo Razmilovic. (Coopersmith, Jeffrey)
April 5, 2010 Opinion or Order Filing 225 Notice of MOTION for Judgment on Partial Findings Pursuant to Fed.R.Civ.P. 52(c) by Tomo Razmilovic. (Coopersmith, Jeffrey)
April 5, 2010 Opinion or Order Filing 224 Letter to The Honorable Sandra J. Feuerstein by Tomo Razmilovic (Coopersmith, Jeffrey)
April 2, 2010 Opinion or Order Filing 228 Letter from Todd Brody to Judge Feuerstein re Michael DeGennaro's settlement offer. (Brienza, Lauren)
April 2, 2010 Opinion or Order Filing 223 MOTION to Approve Consent Judgment as to Defendant Michael DeGennaro by Securities and Exchange Commission. (Brody, Todd)
March 31, 2010 Opinion or Order Filing 222 Letter from Jeffrey B. Coopersmith to Todd Brody enclosing Motion for Judgment on Partial Findings Papers by Tomo Razmilovic (Coopersmith, Jeffrey)
March 31, 2010 Opinion or Order Filing 221 Letter to The Honorable Sandra J. Feuerstein Regarding Defendant Michael DeGennaro's Settlement Offer by Securities and Exchange Commission (Boryshansky, Joseph)
March 29, 2010 Opinion or Order Filing 220 Minute Entry for proceedings held before Judge Sandra J. Feuerstein: Counsel present via telephone. Status Conference held on 3/29/2010. Parties report a settlement in principal. Parties are to file final settlement papers with the Court on or before 4/2/10 at 12:00 PM. (Court Reporter Dominic Tursi.) (Brienza, Lauren)
March 26, 2010 Opinion or Order Filing 219 Minute Entry for proceedings held before Judge Sandra J. Feuerstein: Counsel present via telephone. Status Conference held on 3/26/2010. A further telephone status conference is scheduled on 3/29/10 at 11:00 AM. (Brienza, Lauren)
March 25, 2010 Opinion or Order Filing 218 Letter from Joseph Boryshansky to Michael Sommer Attaching A Copy of Plaintiff Securities and Exchange Commission's Memorandum of Law In Opposition to Defendant DeGennaro's Motion in Limine to Exclude Evidence of Symbol's Restatement by Securities and Exchange Commission (Boryshansky, Joseph)
March 24, 2010 Opinion or Order Filing 217 Exhibit List and Remainder of Joint Pre-Trial Order by Securities and Exchange Commission. (Brody, Todd)
March 24, 2010 Opinion or Order Filing 216 Letter regarding service of Notice of Motion and Motion in Limine to Exclude Evidence Relating to Defendant Michael DeGennaro's Criminal Trial by Securities and Exchange Commission (Boryshansky, Joseph)
March 24, 2010 Opinion or Order Filing 215 Proposed Voir Dire by Securities and Exchange Commission (Boryshansky, Joseph)
March 24, 2010 Opinion or Order Filing 214 Proposed Jury Instructions by Securities and Exchange Commission (Boryshansky, Joseph)
March 24, 2010 Opinion or Order Filing 213 TRIAL BRIEF IN SUPPORT OF RELIEF SOUGHT AGAINST DEFENDANT MICHAEL DEGENNARO by Securities and Exchange Commission (Boryshansky, Joseph)
March 23, 2010 Opinion or Order Filing 212 Proposed Jury Instructions by Michael Degennaro (Sommer, Michael)
March 23, 2010 Opinion or Order Filing 211 Proposed Voir Dire by Michael Degennaro (Sommer, Michael)
March 18, 2010 Opinion or Order Filing 210 SCHEDULING ORDER: Commission will serve notice of Razmilovic's counsel by 3/19/10 as to whether it proposes to call an expert witness; The Commission will provide to Razmilovic's counsel the name and curriculum vitae of any expert witness it proposes to call immediately upon selecting an expert witness; on or before 4/9/10, the Commission will serve on dft Razmilovic's counsel an expert witness report for any expert it proposes to call, and Razmilovic will serve on counsel for the Commission any revised or updated expert report for his expert witness; the parties will submit a revised joint pretrial order to the Court no later than 4/30/10 reflecting any additional exhibits and/or witnesses either party proposes to offer or call at the remainder of trial in this matter. Ordered by Judge Sandra J. Feuerstein on 3/18/2010. (Brienza, Lauren)
March 17, 2010 Opinion or Order Filing 208 Proposed Scheduling Order and Letter to Judge Feuerstein Requesting Entry by Tomo Razmilovic, Securities and Exchange Commission (Coopersmith, Jeffrey)
March 16, 2010 Opinion or Order Filing 207 Minute Entry for proceedings held before Judge Sandra J. Feuerstein: Counsel present. Bench Trial held on 3/16/2010. Bench trial to be continued on 5/10/10 at 10:00 AM. (Court Reporter Ellen Combs.) (Brienza, Lauren)
March 15, 2010 Opinion or Order Filing 206 Minute Entry for proceedings held before Judge Sandra J. Feuerstein: Counsel present. Bench Trial held on 3/15/2010. Witness sworn and trial begins. Plff rests. Dft reserves right to make motions. Bench trial to be continued on 3/16/10 at 10:00 AM. (Court Reporter Ellen Combs.) (Brienza, Lauren)
March 15, 2010 Opinion or Order Filing 205 TRIAL BRIEF Regarding Expert Testimony by Tomo Razmilovic (Attachments: #1 Exhibit A & B) (Coopersmith, Jeffrey)
March 12, 2010 Opinion or Order Filing 209 Letter from Joseph DiBlasi to Judge Feuerstein re joining in the application of Stuart Abrams submitted to the Court on 3/1/10 requesting that no trial be scheduled with respect to Mr. Burke. (Brienza, Lauren)
March 12, 2010 Opinion or Order Filing 203 Exhibit List and rest of Revised Joint Pre-Trial Order by Tomo Razmilovic, Securities and Exchange Commission. (Coopersmith, Jeffrey)
March 12, 2010 Opinion or Order Filing 202 REPLY to Response to Motion re #199 MOTION for Sanctions to Preclude Untimely Expert Report filed by Securities and Exchange Commission. (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. B) (Velona, Jess)
March 12, 2010 Opinion or Order Filing 200 RESPONSE in Opposition re #199 MOTION for Sanctions to Preclude Untimely Expert Report filed by Tomo Razmilovic. (Coopersmith, Jeffrey)
March 11, 2010 Opinion or Order Filing 204 ORDER re #195 Letter filed by Tomo Razmilovic. Razmilovic's motion for reconsideration of my March 10, 2010 order is granted. Upon reconsideration of that order, I adhere to my original determination denying Razmilovic's motion seeking to preclude the SEC from introducing evidence of disgorgement and penalties at trial. SO ORDERED. Ordered by Judge Sandra J. Feuerstein on 3/11/2010. (Brienza, Lauren)
March 11, 2010 Opinion or Order Filing 201 ORDER re #192 Letter filed by Tomo Razmilovic - The application is granted. Ordered by Judge Sandra J. Feuerstein on 3/11/2010. (Brienza, Lauren)
March 11, 2010 Opinion or Order Filing 199 MOTION for Sanctions to Preclude Untimely Expert Report by Securities and Exchange Commission. (Brody, Todd)
March 10, 2010 Opinion or Order Filing 197 Letter to Judge Feuerstein from Jeffrey Coopersmith re SEC's 03-08-2010 letter by Tomo Razmilovic (Coopersmith, Jeffrey)
March 10, 2010 Opinion or Order Filing 196 REPLY in Support re #175 Affidavit in Support of Motion, Defendant Tomo Razmilovic's Reply Memorandum of Law in Support of Motion to Exclude Evidence of Disgorgement and Penalties filed by Tomo Razmilovic. (Coopersmith, Jeffrey)
March 10, 2010 Opinion or Order Filing 195 Letter to Judge Feuerstein from Jeffrey Coopersmith re 03-10-2010 order by Tomo Razmilovic (Coopersmith, Jeffrey)
March 10, 2010 Opinion or Order Filing 194 ORDER denying #173 Motion for Sanctions. Razmilovic's motion to preclude the SEC's evidence of disgorgement and civil penalties at trial is denied. SO ORDERED. Ordered by Judge Sandra J. Feuerstein on 3/10/2010. (Brienza, Lauren)
March 10, 2010 Opinion or Order Filing 192 Letter to The Honorable Sandra J. Feuerstein from Jeffrey B. Coopersmith by Tomo Razmilovic (Coopersmith, Jeffrey)
March 9, 2010 Opinion or Order Filing 198 ORDER denying #188 Motion to Continue. Ordered by Judge Sandra J. Feuerstein on 3/9/2010. (Brienza, Lauren)
March 8, 2010 Opinion or Order ORDER granting #177 Motion for Leave to Appear Pro Hac Vice. See #190 . Ordered by Judge Sandra J. Feuerstein on 3/8/2010. (Brienza, Lauren)
March 8, 2010 Opinion or Order Filing 193 Letter enclosing Frank Borghese's check in the amount of $370,000.00 pursuant to the Final Consent Judgment. (Brienza, Lauren)
March 8, 2010 Opinion or Order Filing 191 Minute Entry for proceedings held before Judge Sandra J. Feuerstein: Settlement Conference held on 3/8/2010. Appearances: Todd Brody, Georee Stepaniuk and David Rsenfeld- for the S.E.C.; Michael Sommer, Mitchell Epner and Laura Kidd - for Michael Degenarro. Case called. Jury Selection and Trial is scheduled on 4/7/10 at 10:00 am as to deft Degenarro. Joint Pretrial Order shall be filed with the Court by 3/22/1O. (Glueckert, Lisa)
March 8, 2010 Opinion or Order Filing 190 Minute Entry for proceedings held before Judge Sandra J. Feuerstein: Status Conference held on 3/8/2010. Appearances: Todd Brody, Georee Stepaniuk and David Rsenfeld-FOR THE S.E.C, Jeffrey Coopersmith for Razmilovic, David Nachman for Razmilovic. Case called. Decision entered on the record. Bench Trial to commence on March 15, 2010 at 10:00 am. SEC to file opposition to motion to exclude evidence of damages is extended to today at 4:30 pm. Pro Hac Vice motion is granted on the record. (Court Reporter Owen Wicker.) (Glueckert, Lisa)
March 8, 2010 Opinion or Order Filing 189 Exhibit List and rest of Joint Pre-Trial Order by Securities and Exchange Commission. (Brody, Todd)
March 8, 2010 Opinion or Order Filing 188 Letter MOTION to Continue Trial on SEC's claims for monetary relief currently set for March 15, 2010 by Tomo Razmilovic. (Coopersmith, Jeffrey)
March 8, 2010 Opinion or Order Filing 187 TRIAL BRIEF Concerning the Relief Sought Against Defendant Razmilovic by Securities and Exchange Commission (Brody, Todd)
March 8, 2010 Opinion or Order Filing 186 Letter Brief by Securities and Exchange Commission (Velona, Jess)
March 8, 2010 Opinion or Order Filing 184 MEMORANDUM in Opposition re #173 MOTION for Sanctions Defendant Tomo Razmilovic's Motion to Exclude Evidence of Disgorgement and Penalties filed by Securities and Exchange Commission. (Brody, Todd)
March 5, 2010 Opinion or Order Filing 185 FILING FEE for #177 Noah Katsell to appear Pro Hoc Vice: $ 25.00, receipt number NYEC002606. (Glueckert, Lisa)
March 5, 2010 Opinion or Order Filing 182 Letter Brief by Tomo Razmilovic (Attachments: #1 Exhibit A) (Nachman, David)
March 5, 2010 Opinion or Order Filing 181 Letter MOTION to Amend/Correct/Supplement #180 Telephone Conference,,, to Correct Minute Entry [DKT 180] by Tomo Razmilovic. (Coopersmith, Jeffrey)
March 5, 2010 Opinion or Order Filing 180 Minute Entry for proceedings held on 3/5/2010 before Judge Sandra J. Feuerstein; For Civil Cause for Telephone Conference; Appearances: Pltffs. Atty.: Todd Bordy, present; Defts. Atty.: Jeffrey Coopersmith for Razmilovic, present; David Nachman for Razmilovic, present; Court Reporter: D. Tursi; Courtroom Deputy: Bryan Morabito. Case called. Decision: Entered on the record. Other: Bench Trial to commence on March 10, 2010 at 10:00 a.m. SEC to file opposition to motion to exclude evidence of damages by Monday at 3:00 p.m. Counsel for Razmilovic will reply by Thursday at 5:00 p.. Expert Report must be givent ot he SEC by Monday at 3:00 p.m. Counsel for Rasmilovic will submit Second Circuit precedent by 5:00 p.m. today. SEC to respond Monday by 3:00 p.m. SEC will give Rasmilovic's counsel all exhib8its by 5:00 today. Joint pre-trial order to be filed Monday. (Fagan, Linda)
March 4, 2010 Opinion or Order Filing 179 Minute Entry for proceedings held on 3/4/2010 before Judge Sandra J. Feuerstein; For Civil Cause for Telephone Status Conference; Appearances: Pltffs. Atty.: Todd Brody - for the S.E.C., present; Defts. Atty.: Michael Sommer - for Michael Degenarro, present; Court Reporter: D. Tursi; Courtroom Deputy: Bryan Morabito. Case called. Other: Settlement conference is scheduled on 3/8/2010 at 10:30 a.m. as to deft Degenarro. A new trial date may be scheduled. (Fagan, Linda)
March 4, 2010 Opinion or Order Filing 178 AFFIDAVIT/DECLARATION in Support re #177 Notice of MOTION for Leave to Appear Pro Hac Vice for Noah Katsell of David Nachman filed by Tomo Razmilovic. (Attachments: #1 Exhibit A - Certificates of Good Standing for Noah Katsell, #2 Exhibit B - Admission to Practice Pro Hac Vice) (Nachman, David)
March 4, 2010 Opinion or Order Filing 177 Notice of MOTION for Leave to Appear Pro Hac Vice for Noah Katsell by Tomo Razmilovic. (Nachman, David)
March 3, 2010 Opinion or Order Filing 183 Minute Entry for proceedings held before Judge Sandra J. Feuerstein: Telephone Conference held on 3/3/2010. Appearances: Todd Brody for the S.E.C., Michael Sommer for Michael Degenarro, Jeff Coopersmith & David Nachman for Tomo Razmilovic, Joseph DiBlasi for Bruke, Stuart Abrams for Gregory Mortenson, and Pamela Thepiea for James Dean. Case called. Mr. Brody is to present a revised witness and exhibit list to the defts by 3/4/10 at 5:00 PM. Jury selection and trial is rescheduled on 3/10/2010 at 10:00 am. (Court Reporter Dominic Tursi.) (Glueckert, Lisa)
March 2, 2010 Opinion or Order Filing 176 Proposed Pretrial Order Proposed Order Granting Defendant Tomo Razmilovic's Motion to Exclude Evidence of Disgorgement and Penalties by Tomo Razmilovic (Coopersmith, Jeffrey)
March 2, 2010 Opinion or Order Filing 175 AFFIDAVIT/DECLARATION in Support re #173 MOTION for Sanctions Defendant Tomo Razmilovic's Motion to Exclude Evidence of Disgorgement and Penalties by Jeffrey Coopersmith filed by Tomo Razmilovic. (Attachments: #1 Exhibit) (Coopersmith, Jeffrey)
March 2, 2010 Opinion or Order Filing 174 MEMORANDUM in Support re #173 MOTION for Sanctions Defendant Tomo Razmilovic's Motion to Exclude Evidence of Disgorgement and Penalties filed by Tomo Razmilovic. (Coopersmith, Jeffrey)
March 2, 2010 Opinion or Order Filing 173 MOTION for Sanctions Defendant Tomo Razmilovic's Motion to Exclude Evidence of Disgorgement and Penalties by Tomo Razmilovic. (Coopersmith, Jeffrey)
February 25, 2010 Opinion or Order Filing 172 ORDER denying #149 Motion for Reconsideration. Ordered by Judge Sandra J. Feuerstein on 2/25/10. (Brienza, Lauren)
February 23, 2010 Opinion or Order Filing 171 Minute Entry for proceedings held before Judge Sandra J. Feuerstein: Counsel present. Status Conference held on 2/23/2010. Mr. Brody makes a further application for a short adjournment of the trial. Application is granted. Jury selection and trial is rescheduled on 3/15/10 at 10:00 AM. Joint pretrial order to be filed by the parties by 3/5/10. (Court Reporter Dominic Tursi.) (Brienza, Lauren)
February 23, 2010 Opinion or Order ORDER granting #170 Motion to Appear by Telephone. All counsel are to appear by telephone for a conference today, February 23, 2010, at 11:30 a.m. Counsel for the SEC is directed to arrange a conference call with all parties then to call the court. Ordered by Judge Sandra J. Feuerstein on 2/23/2010. (Adell, April)
February 22, 2010 Opinion or Order Filing 170 Appear by Telephone for a pre-trial conference by Securities and Exchange Commission. (Brody, Todd)
February 22, 2010 Opinion or Order ORDER denying #168 Motion for Pre Motion Conference and adjournment of trial. Application is Denied. Ordered by Judge Sandra J. Feuerstein on 2/22/2010. c/ecf (Morabito, Bryan)
February 22, 2010 Opinion or Order ORDER denying as moot #134 Motion for Extension of Time to File. All remaining parties shall file a Joint Pretrial Order by 2/23/2010 at 5:00 PM. Ordered by Judge Sandra J. Feuerstein on 2/22/2010. c/ecf (Morabito, Bryan)
February 19, 2010 Opinion or Order Filing 169 ORDER granting #167 Motion to Approve Consent Judgment as to defendant Frank Borghese. Ordered by Judge Sandra J. Feuerstein on 2/19/2010. (Brienza, Lauren)
February 18, 2010 Opinion or Order Filing 168 MOTION for pre motion conference and to take the matter off the trial calendar by Securities and Exchange Commission. (Brody, Todd)
February 18, 2010 Opinion or Order Filing 167 MOTION to Approve Consent Judgment as to Defendant Frank Borghese by Securities and Exchange Commission. (Velona, Jess)
February 9, 2010 Opinion or Order Filing 166 AFFIDAVIT of Service re #165 REPLY in Support, filed by Michael Degennaro. (Sommer, Michael)
February 9, 2010 Opinion or Order Filing 165 REPLY in Support re #158 MOTION in Limine Defendant Michael DeGennaro's Notice Of Motion And Motion In Limine To Preclude Certain Expert Testimony of Scott A. Taub, CPA filed by Michael Degennaro. (Sommer, Michael)
February 9, 2010 Opinion or Order Filing 164 CERTIFICATE OF SERVICE by Securities and Exchange Commission re #162 Memorandum in Opposition, (Sommer, Michael)
February 9, 2010 Opinion or Order Filing 163 AFFIDAVIT/DECLARATION in Opposition re #158 MOTION in Limine Defendant Michael DeGennaro's Notice Of Motion And Motion In Limine To Preclude Certain Expert Testimony of Scott A. Taub, CPA filed by Securities and Exchange Commission. (Attachments: #1 Exhibit A, #2 Exhibit B) (Sommer, Michael)
February 9, 2010 Opinion or Order Filing 162 MEMORANDUM in Opposition re #158 MOTION in Limine Defendant Michael DeGennaro's Notice Of Motion And Motion In Limine To Preclude Certain Expert Testimony of Scott A. Taub, CPA filed by Securities and Exchange Commission. (Sommer, Michael)
February 9, 2010 Opinion or Order Filing 161 CERTIFICATE OF SERVICE by Michael Degennaro re #158 MOTION in Limine Defendant Michael DeGennaro's Notice Of Motion And Motion In Limine To Preclude Certain Expert Testimony of Scott A. Taub, CPA (Sommer, Michael)
February 9, 2010 Opinion or Order Filing 160 AFFIDAVIT/DECLARATION in Support re #158 MOTION in Limine Defendant Michael DeGennaro's Notice Of Motion And Motion In Limine To Preclude Certain Expert Testimony of Scott A. Taub, CPA filed by Michael Degennaro. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Sommer, Michael)
February 9, 2010 Opinion or Order Filing 159 MEMORANDUM in Support re #158 MOTION in Limine Defendant Michael DeGennaro's Notice Of Motion And Motion In Limine To Preclude Certain Expert Testimony of Scott A. Taub, CPA filed by Michael Degennaro. (Attachments: #1 Exhibit A) (Sommer, Michael)
February 9, 2010 Opinion or Order Filing 158 MOTION in Limine Defendant Michael DeGennaro's Notice Of Motion And Motion In Limine To Preclude Certain Expert Testimony of Scott A. Taub, CPA by Michael Degennaro. (Sommer, Michael)
February 9, 2010 Opinion or Order Filing 157 Letter regarding service of Reply In Support of Defendant Michael DeGennaro's Motion In Limine To Preclude Certain Expert Testimony Of Scott A. Taub, CPA by Michael Degennaro (Sommer, Michael)
January 29, 2010 Opinion or Order Filing 156 Letter regarding service of Notice of Motion and Moiton in Limine to Exclude Evidence of Symbol Technologies, Inc.'s Restatement by Michael Degennaro (Sommer, Michael)
January 26, 2010 Opinion or Order Filing 155 Letter by Securities and Exchange Commission (Velona, Jess)
January 13, 2010 Opinion or Order Filing 154 AFFIDAVIT/DECLARATION in Support re #149 MOTION for Reconsideration re Order on Motion for Default Judgment of David E. Nachman filed by Tomo Razmilovic. (Coopersmith, Jeffrey)
January 13, 2010 Opinion or Order Filing 153 REPLY in Support re #149 MOTION for Reconsideration re Order on Motion for Default Judgment filed by Tomo Razmilovic. (Coopersmith, Jeffrey)
January 13, 2010 Opinion or Order Filing 152 MEMORANDUM in Opposition re #149 MOTION for Reconsideration re Order on Motion for Default Judgment filed by Securities and Exchange Commission. (Attachments: #1 Exhibit A & B) (Coopersmith, Jeffrey)
January 13, 2010 Opinion or Order Filing 151 AFFIDAVIT/DECLARATION in Support re #149 MOTION for Reconsideration re Order on Motion for Default Judgment of Jeffrey B. Coopersmith filed by Tomo Razmilovic. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J) (Coopersmith, Jeffrey)
January 13, 2010 Opinion or Order Filing 150 MEMORANDUM in Support re #149 MOTION for Reconsideration re Order on Motion for Default Judgment filed by Tomo Razmilovic. (Coopersmith, Jeffrey)
January 13, 2010 Opinion or Order Filing 149 MOTION for Reconsideration re Order on Motion for Default Judgment by Tomo Razmilovic. (Coopersmith, Jeffrey)
January 11, 2010 Opinion or Order Filing 148 Letter by Securities and Exchange Commission (Brody, Todd)
January 11, 2010 Opinion or Order Filing 147 Letter regarding service of Notice of Motion and Motion in Limine to Preclude Certain Expert Testimony of Scott A. Taub, CPA by Michael Degennaro (Sommer, Michael)
January 4, 2010 Opinion or Order Filing 146 Letter to the Honorable Judge Feuerstein by Tomo Razmilovic (Coopersmith, Jeffrey)
December 22, 2009 Opinion or Order Filing 145 Minute Entry for proceedings held before Judge Sandra J. Feuerstein: Counsel present. Hearing In Aid Of Judgment held on 12/22/2009. Decision: entered on the record. Plff's motion for default is granted for reasons stated on the record. (Court Reporter Paul Lombardi.) (Brienza, Lauren)
December 22, 2009 Opinion or Order ORDER granting #137 Motion for Default Judgment as to Tomo Rasmilovi. See #145 Ordered by Judge Sandra J. Feuerstein on 12/22/2009. (Brienza, Lauren)
December 21, 2009 Opinion or Order Filing 143 AFFIDAVIT/DECLARATION in Support re #137 MOTION for Default Judgment as to Tomo Razmilovic for Failure to Comply with Court Order filed by Securities and Exchange Commission. (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) (Brody, Todd)
December 21, 2009 Opinion or Order Filing 142 REPLY in Support re #137 MOTION for Default Judgment as to Tomo Razmilovic for Failure to Comply with Court Order filed by Securities and Exchange Commission. (Brody, Todd)
December 21, 2009 Opinion or Order Filing 141 AFFIDAVIT/DECLARATION in Opposition re #137 MOTION for Default Judgment as to Tomo Razmilovic for Failure to Comply with Court Order filed by Tomo Razmilovic. (Brody, Todd)
December 21, 2009 Opinion or Order Filing 140 MEMORANDUM in Opposition re #137 MOTION for Default Judgment as to Tomo Razmilovic for Failure to Comply with Court Order filed by Tomo Razmilovic. (Brody, Todd)
December 21, 2009 Opinion or Order Filing 139 AFFIDAVIT/DECLARATION in Support re #137 MOTION for Default Judgment as to Tomo Razmilovic for Failure to Comply with Court Order filed by Securities and Exchange Commission. (Brody, Todd)
December 21, 2009 Opinion or Order Filing 138 MEMORANDUM in Support re #137 MOTION for Default Judgment as to Tomo Razmilovic for Failure to Comply with Court Order filed by Securities and Exchange Commission. (Brody, Todd)
December 21, 2009 Opinion or Order Filing 137 MOTION for Default Judgment as to Tomo Razmilovic for Failure to Comply with Court Order by Securities and Exchange Commission. (Brody, Todd)
December 18, 2009 Opinion or Order NOTICE of Hearing: Hearing In Aid of Judgment set for 12/22/2009 11:15 AM in Courtroom 1010 before Judge Sandra J. Feuerstein. c/ecf (Morabito, Bryan)
December 17, 2009 Opinion or Order Filing 144 Minute Entry for proceedings held before Judge Sandra J. Feuerstein: Status Conference held on 12/17/2009. Counsel for all sides present. Courtroom Deputy: Bryan Morabito. Case called. Other: Mr. Brody and Mr. Sommer make a joint application for a short adjournment of the trial. Application is Granted. Jury selection and trial is rescheduled on 3/1/10 at 10:00 a.m. (Coleman, Laurie)
December 17, 2009 Opinion or Order Filing 136 Letter from Jeff Coopersmith to Todd Brody, Senior Trial Counsel, Securities and Exchange Commission, transmitting Defendant Tomo Razmilovic's (Corrected) Memorandum of Law in Opposition to Motion for Sanctions by Tomo Razmilovic (Coopersmith, Jeffrey)
December 16, 2009 Opinion or Order Filing 135 Letter from Jeffrey B. Coopersmith to Todd Brody, Senior Trial Counsel, Securities and Exchange Commission, with copies of Defendant Razmilovic's Memorandum of Law in Opposition to Motion for Sanctions and Declaration of Jeffrey B. Coopersmith in Support of Defendant Tomo Razmilovic's Memorandum of Law in Opposition to Motion for Sanctions by Tomo Razmilovic (Coopersmith, Jeffrey)
December 15, 2009 Opinion or Order NOTICE of Hearing: Status Conference set for 12/17/2009 10:45 AM in Courtroom 1010 before Judge Sandra J. Feuerstein. c/ecf (Morabito, Bryan)
December 14, 2009 Opinion or Order Filing 134 First MOTION for Extension of Time to File Draft Joint Pre-Trial Order as Pertaining to Defendant Razmilovic by Securities and Exchange Commission. (Brody, Todd)
December 11, 2009 Opinion or Order Filing 133 Letter to Judge Feuerstein from Jeff Coopersmith in response to Plaintiff's December 11, 2009 Letter to Judge Feuerstein by Tomo Razmilovic (Coopersmith, Jeffrey)
December 11, 2009 Opinion or Order Filing 132 Letter to Honorable Sandra J. Feuerstein by Securities and Exchange Commission (Burnett, Burk)
December 10, 2009 Opinion or Order Motions terminated, docketed incorrectly: #131 MOTION for Sanctions filed by Securities and Exchange Commission. This document is a cover letter, not a motion. All corrections have been made. (Brienza, Lauren)
December 10, 2009 Opinion or Order Filing 131 Letter re service of motion for Sanctions by Securities and Exchange Commission. (Burnett, Burk) Modified on 12/11/2009 (Brienza, Lauren).
November 18, 2009 Opinion or Order Filing 130 Letter from Amelia Seewann to Clerk enclosing payment in the amount of $19,294.00, representing the first payment pursuant to the Final Consent Judgment as to James Heuschneider. (Brienza, Lauren)
November 10, 2009 Opinion or Order Filing 129 Letter from Avraham Moskowitz to Clerk enclosing check in the amount of $40,001 representing payment in full by dft Christopher Desantis of the amount owed pursuant to the Final Consent Judgment entered against him. (Attachments: #1 Receipt NYEC001659) (Brienza, Lauren)
October 28, 2009 Opinion or Order ORDER granting #120 Motion to Approve Consent Judgment; granting #121 Motion to Approve Consent Judgment; granting #122 Motion to Approve Consent Judgment. See orders at #126 , #127 and #128 . Ordered by Judge Sandra J. Feuerstein on 10/28/09. (Brienza, Lauren)
October 28, 2009 Opinion or Order Filing 128 FINAL CONSENT JUDGMENT of permanent injunction and other relief in favor of Securities and Exchange Commission against Christopher Desantis. Ordered by Judge Sandra J. Feuerstein on 10/28/09. (Brienza, Lauren)
October 28, 2009 Opinion or Order Filing 127 FINAL CONSENT JUDGMENT of permanent injunction and other relief in favor of Securities and Exchange Commission against Kenneth Jaeggi. Ordered by Judge Sandra J. Feuerstein on 10/28/09. (Brienza, Lauren)
October 28, 2009 Opinion or Order Filing 126 CONSENT JUDGMENT in favor of Securities and Exchange Commission against James Heuschneider. Ordered by Judge Sandra J. Feuerstein on 10/28/09. (Brienza, Lauren)
October 28, 2009 Opinion or Order Filing 125 Letter from Todd Brody to Judge Feuerstein re expert reports will be filed by 11/20/09 and expert discovery will conclude by 12/4/09. (Brienza, Lauren)
October 28, 2009 Opinion or Order Filing 123 NOTICE of Appearance by Jeffrey B. Coopersmith on behalf of Tomo Razmilovic (aty to be noticed) (Coopersmith, Jeffrey)
October 28, 2009 Opinion or Order Filing 122 Proposed MOTION to Approve Consent Judgment as to Defendant Kenneth Jaeggi by Securities and Exchange Commission. (Boryshansky, Joseph)
October 28, 2009 Opinion or Order Filing 121 Proposed MOTION to Approve Consent Judgment as to Defendant Christopher DeSantis by Securities and Exchange Commission. (Boryshansky, Joseph)
October 28, 2009 Opinion or Order Filing 120 Proposed MOTION to Approve Consent Judgment as to Defendant James Heuschneider by Securities and Exchange Commission. (Boryshansky, Joseph)
October 26, 2009 Opinion or Order Filing 124 Minute Entry for proceedings held before Judge Sandra J. Feuerstein: Counsel present. Status Conference held on 10/26/2009. Trial is bifurcated. SEC to propose pretrial order to defendants by 12/15/09. Defendants to propose pretrial order to SEC by 12/20/09. Joint pretrial order to be filed with the Court by 1/4/10. 12/15/09 conference is canceled. Jury selection and trial remains scheduled on 1/11/10 at 10:00 AM. (Court Reporter Owen Wicker.) (Brienza, Lauren)
October 26, 2009 Opinion or Order ELECTRONIC ORDER granting #117 Motion for Leave to Appear pro hac vice, Jeff Coopersmith for defendant Tomo Razmilovic. Counsel is directed to register for ECF and to file a notice of appearance as soon as possible. Ordered by Judge William D. Wall on 10/26/2009. (Disbrow, Sandra)
October 23, 2009 Opinion or Order Filing 119 Letter by Kenneth Jaeggi (Molo, Steven)
October 22, 2009 Opinion or Order Filing 118 AFFIDAVIT/DECLARATION in Support re #117 Notice of MOTION for Leave to Appear Pro Hac Vice for Jeffrey B. Coopersmith of David Nachman filed by Tomo Razmilovic. (Attachments: #1 Exhibit A - Certificates of Good Standing for Jeffrey B. Coopersmith, #2 Exhibit B - Admission to Practice Pro Hac Vice) (Nachman, David)
October 22, 2009 Opinion or Order Filing 117 Notice of MOTION for Leave to Appear Pro Hac Vice for Jeffrey B. Coopersmith by Tomo Razmilovic. (Nachman, David)
October 20, 2009 Opinion or Order Filing 116 ORDER granting #113 Motion to Appear by Telephone. Ordered by Judge Sandra J. Feuerstein on 10/20/2009. (Brienza, Lauren)
October 20, 2009 Opinion or Order Filing 115 ORDER denying #114 Motion to Appear by Telephone. Ordered by Judge Sandra J. Feuerstein on 10/20/2009. (Brienza, Lauren)
October 19, 2009 Opinion or Order Filing 114 Letter Appear by Telephone to Judge Feuerstein requesting permission to participate by telephone in the pre-trial conference scheduled for Oct. 26, 2009 by Tomo Razmilovic. (Nachman, David)
October 16, 2009 Opinion or Order Filing 113 Letter Appear by Telephone Letter Amelia K. Seewann to Hon. Feuerstein requesting permission to participate by telephone in the pre-trial conference scheduled for Oct. 26, 2009, at 11:15 a.m. by James Heuschneider. (Seewann, Amelia)
October 14, 2009 Opinion or Order Filing 112 ORDER granting #110 Motion for Extension of Time to Complete Discovery. Plaintiff has until November 15, 2009 to take the disposition of deft Kenneth Jaeggi. This is the final extension. Ordered by Judge Sandra J. Feuerstein on 10/14/2009. (Glueckert, Lisa)
October 13, 2009 Opinion or Order Filing 111 ORDER re #108 Letter filed by Michael Degennaro. The application is GRANTED. The parties shall appear for a pretrial conference on 10/26/2009 at 11:15 AM. cm. Ordered by Judge Sandra J. Feuerstein on 10/13/2009. (Glueckert, Lisa)
October 13, 2009 Opinion or Order Filing 110 Letter MOTION for Extension of Time to Complete Discovery Deposition of Defendant Kenneth Jaeggi By November 15, 2009 by Securities and Exchange Commission. (Boryshansky, Joseph)
October 12, 2009 Opinion or Order Filing 108 Letter to Judge Feuerstein requesting a pre-trial conference to address a schedule by Michael Degennaro (Sommer, Michael)
October 9, 2009 Opinion or Order Filing 109 ORDER: IT IS HEREBY ORDERED that that plaintiffs #100 application to compel an in person deposition ofMr. Razmilovic is granted and Mr. Razmilovic is directed to appear in person, on a mutually agreeable date on or before October 22,2009; IT IS FURTHER ORDERED that Mr. Razmilovic's #104 application to conduct his deposition via video conference is denied; and it is further ORDERED that plaintiffs #101 application for additional time within which to depose Mr. Degennaro is granted, and plaintiff may depose Mr. Degennaro for an additional three (3) hours on a mutually agreeable date on or before October 22,2009. CM. Ordered by Judge Sandra J. Feuerstein on 10/9/2009. (Glueckert, Lisa)
October 9, 2009 Opinion or Order Filing 107 Letter In Response to Defendant Razmilovic's 10/9/2009 Letter by Securities and Exchange Commission (Boryshansky, Joseph)
October 9, 2009 Opinion or Order Filing 106 Letter to Magistrate Judge Wall regarding the Commision's 10-8-09 Letter by Tomo Razmilovic (Nachman, David)
October 8, 2009 Opinion or Order Filing 105 RESPONSE in Opposition re #104 Letter MOTION to Take Deposition from Tomo Razmilovic by video conference and in response to Plaintiff's Letter Motion to Compel In Person Deposition of Defendant Tomo Razmilovic filed by Securities and Exchange Commission. (Boryshansky, Joseph)
October 5, 2009 Opinion or Order Filing 104 Letter MOTION to Take Deposition from Tomo Razmilovic by video conference and in response to Plaintiff's Letter Motion to Compel In Person Deposition of Defendant Tomo Razmilovic by Tomo Razmilovic. (Nachman, David)
October 5, 2009 Opinion or Order Filing 102 Letter to Judge Wall re: SEC's request to depose DeGennaro again be denied by Michael Degennaro (Sommer, Michael)
October 2, 2009 Opinion or Order Filing 101 Letter MOTION to Take Deposition from Defendant Michael Degennaro For Additional Time by Securities and Exchange Commission. (Boryshansky, Joseph)
October 1, 2009 Opinion or Order Filing 103 ORDER granting #99 Motion for Extension of Time to Complete Discovery - The application is granted on consent. Ordered by Judge Sandra J. Feuerstein on 10/1/2009. (Brienza, Lauren)
September 29, 2009 Opinion or Order Filing 100 Letter MOTION to Compel In Person Deposition of Defendant Tomo Razmilovic by Securities and Exchange Commission. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Boryshansky, Joseph)
September 29, 2009 Opinion or Order Filing 99 Letter MOTION for Extension of Time to Complete Discovery by Frank Borghese. (Simon, Bradley)
September 21, 2009 Opinion or Order Filing 98 ORDER granting #97 Motion for Extension of Time to Complete Discovery. The application is granted on consent. Ordered by Judge Sandra J. Feuerstein on 9/21/2009. (Brienza, Lauren)
September 15, 2009 Opinion or Order Filing 97 Letter MOTION for Extension of Time to Complete Discovery on The Commission's Claims Against Defendant James Heuschneider by Securities and Exchange Commission. (Boryshansky, Joseph)
August 20, 2009 Opinion or Order Filing 96 ORDER granting #95 Motion for Extension of Time to Complete Discovery. The application is granted on consent. Ordered by Judge Sandra J. Feuerstein on 8/20/2009. (Brienza, Lauren)
August 17, 2009 Opinion or Order Filing 95 Letter MOTION for Extension of Time to Complete Discovery Letter to Honorable Sandra J. Feuerstein on behalf of defendants and the SEC re completion of fact discovery by Michael Degennaro. (Sommer, Michael)
July 17, 2009 Opinion or Order NOTICE of Hearing: Jury Selection and Trial set for 1/11/2010 10:00 AM in Courtroom 1010 before Judge Sandra J. Feuerstein. c/ecf (Morabito, Bryan)
May 12, 2009 Opinion or Order Filing 94 Minute Entry for proceedings held before Judge Sandra J. Feuerstein: Counsel present. Status Conference held on 5/12/2009. A final pretrial conference is scheduled before Judge Feuerstein on 12/15/09 at 11:15 AM. (Brienza, Lauren)
March 19, 2009 Opinion or Order Filing 93 Letter confirming adjournment of conference until May 12, 2009 by Securities and Exchange Commission (Brody, Todd)
March 6, 2009 Opinion or Order Filing 92 NOTICE of Appearance by Jess A. Velona on behalf of Securities and Exchange Commission (aty to be noticed) (Velona, Jess)
November 6, 2008 Opinion or Order Filing 91 Minute Entry for proceedings held before Judge Sandra J. Feuerstein: Counsel present. See calendar sheet for appearances. Status Conference held on 11/6/2008. A further status conference is scheduled before Judge Feuerstein on 5/5/09 at 11:15 AM. (Brienza, Lauren)
November 4, 2008 Opinion or Order Filing 90 ORDER re #88 Letter filed by James Heuschneider - The application is granted. Ordered by Judge Sandra J. Feuerstein on 11/4/08. (Brienza, Lauren)
November 4, 2008 Opinion or Order Filing 89 Letter of Ronald C. Minkoff to Judge Feuerstein stating his availability to participate in the Court conference scheduled for Thurs., Nov. 6, 2008, by telephone at the following telephone number: (212) 705-4837 by James Heuschneider (Minkoff, Ronald)
November 3, 2008 Opinion or Order Filing 88 Letter of Ronald C. Minkoff to Judge Feuerstein to clarify one item in the Oct. 31, 2008 letter from Todd D. Brody, Esq., and to request permission to participate by telephone in the Court conference scheduled for this Thursday, Nov. 6, 2008, at 11:15 a.m. by James Heuschneider (Minkoff, Ronald)
October 31, 2008 Opinion or Order Filing 87 Letter to The Honorable Sandra J. Feuerstein re: Discovery by Securities and Exchange Commission (Boryshansky, Joseph)
October 9, 2008 Opinion or Order Filing 86 NOTICE of Change by Michael S. Sommer Notice of Change of Firm Affiliation and Address of Counsel (Sommer, Michael)
September 4, 2008 Opinion or Order Filing 85 ORDER re #84 Letter filed by Securities and Exchange Commission - The application is granted. Conference is adjourned to 11/6/08 at 11:15 AM. Ordered by Judge Sandra J. Feuerstein on 9/4/08. (Brienza, Lauren)
September 2, 2008 Opinion or Order Filing 84 Letter to Bryan Morabito confirming counsel availability for a status conference on November 6, 2008 at 11:15 a.m. by Securities and Exchange Commission (Boryshansky, Joseph)
September 2, 2008 Opinion or Order Filing 83 NOTICE of Appearance by Joseph O. Boryshansky on behalf of Securities and Exchange Commission (aty to be noticed) (Boryshansky, Joseph)
August 22, 2008 Opinion or Order Filing 82 ANSWER to Complaint by Kenneth Jaeggi. (Attachments: #1 Certificate of Service) (Molo, Steven)
August 15, 2008 Opinion or Order NOTICE OF HEARING: Due to a change in the Court's calendar, the conference in this matter is rescheduled before Judge Feuerstein in the Central Islip Courthouse on 9/19/08 at 11:00 am. Counsel should confer and ensure all parties are aware of the new date and time. c/ecf (Morabito, Bryan)
August 8, 2008 Opinion or Order Filing 81 ORDER re #80 Stipulation filed by James Heuschneider. The Stipulation is so Ordered. Ordered by Judge Sandra J. Feuerstein on 8/8/08. (Major, Jasmine)
August 8, 2008 Opinion or Order ORDER re #80 Stipulation filed by James Heuschneider.The Stipulation is so Ordered. Ordered by Magistrate Judge William D. Wall on 8/8/08. (Hepworth, F.)
August 7, 2008 Opinion or Order Filing 80 STIPULATION For Substitution of Counsel for defendant James Heuschneider; Supporting Declaration of Ronald C. Minkoff by James Heuschneider (Minkoff, Ronald)
May 28, 2008 Opinion or Order Incorrect Document/Entry Information. Defendant James Heuschneider's Responses to Discovery Requests filed as documents 80 and 81 on 5/27/08 are deleted from the record. Discovery documents should not be filed with the court pursuant to Local Rule. (Talbott, Thomas)
April 10, 2008 Opinion or Order Filing 79 Minute Entry for proceedings held before Judge Sandra J. Feuerstein:Status Conference held on 4/10/2008 AT 10:30 AM. Decision entered on the record. Stay is lifted as to defendant's Jaeggi and Heuscheider. Defendant Jaeggi to answer complaint. ( Status Conference set for 9/17/2008 at 11:15 AM before Judge Sandra J. Feuerstein.) (Court Reporter D. Tursi.) (Glueckert, Lisa)
February 14, 2008 Opinion or Order Filing 78 ORDER granting #77 Motion to Stay discovery as to James Heuschneider - The application is granted. Ordered by Judge Sandra J. Feuerstein on 2/14/08. (Brienza, Lauren)
February 13, 2008 Opinion or Order Filing 77 MOTION to Stay by James Heuschneider. (DiChiara, Gerald)
February 7, 2008 Opinion or Order Filing 76 PARTIAL FINAL CONSENT JUDGMENT of permanent injunction in favor of Securities and Exchange Commission against Gregory Mortenson. SO ORDERED. Ordered by Judge Sandra J. Feuerstein on 2/7/08. (Brienza, Lauren)
February 5, 2008 Opinion or Order Filing 75 SETTLEMENT AGREEMENT Proposed Order of Partial Final Consent Judgment by Securities and Exchange Commission (Burnett, Burk)
January 28, 2008 Opinion or Order Filing 74 NOTICE of Change of Firm name by Keren Tenenbaum (Tenenbaum, Keren)
January 22, 2008 Opinion or Order Filing 72 NOTICE of Appearance by Todd Daniel Brody on behalf of Securities and Exchange Commission (aty to be noticed) (Brody, Todd)
January 18, 2008 Opinion or Order Filing 73 PARTIAL FINAL CONSENT JUDGMENT in favor of Securities and Exchange Commission against Robert Donlon. Ordered by Judge Sandra J. Feuerstein on 1/18/08. (Brienza, Lauren)
January 17, 2008 Opinion or Order Filing 71 SETTLEMENT AGREEMENT Proposed Order of Partial Final Consent Judgment by Securities and Exchange Commission (Burnett, Burk)
January 10, 2008 Opinion or Order Filing 70 Minute Entry for proceedings held before Judge Sandra J. Feuerstein: Counsel present. Status Conference held on 1/10/2008. A further status conference is scheduled for 4/10/2008 at 11:15 AM before Judge Sandra J. Feuerstein. (Court Reporter: D. Tursi) (Brienza, Lauren)
January 4, 2008 Opinion or Order Filing 69 ANSWER to Complaint by Christopher Desantis. (Moskowitz, Avraham)
December 13, 2007 Opinion or Order Filing 67 Letter to The Honorable Sandra J. Feuerstein by Symbol Technologies, Inc. (Abrams, Stuart)
December 12, 2007 Opinion or Order Filing 68 ORDER granting #66 Motion for Extension of Time to Answer. Robert Donlon answer due 1/14/2008. Ordered by Judge Sandra J. Feuerstein on 12/12/07. (Brienza, Lauren)
December 12, 2007 Opinion or Order Filing 66 Third MOTION for Extension of Time to File Answer by Robert Donlon. (Mehler, Gordon)
December 5, 2007 Opinion or Order Filing 65 ORDER granting #64 Motion for Extension of Time to Answer Christopher Desantis answer due 1/5/2008 - This is the final extension. Ordered by Judge Sandra J. Feuerstein on 12/5/07. (Brienza, Lauren)
December 5, 2007 Opinion or Order Filing 64 Third MOTION for Extension of Time to File Answer re #1 Complaint(USA), Complaint(USA) to January 5, 2008 by Christopher Desantis. (Moskowitz, Avraham)
November 21, 2007 Opinion or Order Filing 63 ORDER granting #60 Motion for Extension of Time to Answer re #1 Complaint(USA), Complaint(USA). Christopher Desantis answer due 12/5/2007. Ordered by Judge Sandra J. Feuerstein on 11/21/07. (Brienza, Lauren)
November 21, 2007 Opinion or Order Filing 62 ORDER granting #59 Motion for Extension of Time to Answer re #1 Complaint(USA), Complaint(USA). Robert Donlon answer due 12/12/2007. Ordered by Judge Sandra J. Feuerstein on 11/21/07. (Brienza, Lauren)
November 21, 2007 Opinion or Order Filing 61 Letter to the Honorable Sandra J. Feuerstein by Symbol Technologies, Inc. (Abrams, Stuart)
November 20, 2007 Opinion or Order Filing 60 Second MOTION for Extension of Time to File Answer re #1 Complaint(USA), Complaint(USA) for two weeks, until December 5, 2007 by Christopher Desantis. (Moskowitz, Avraham)
November 20, 2007 Opinion or Order Filing 59 Second MOTION for Extension of Time to File Answer by Robert Donlon. (Mehler, Gordon)
November 16, 2007 Opinion or Order Filing 58 NOTICE of Appearance by Michael S. Sommer on behalf of Michael Degennaro (notification declined) (Sommer, Michael)
November 13, 2007 Opinion or Order Filing 57 ANSWER to Complaint by James Heuschneider. (Brienza, Lauren)
November 9, 2007 Opinion or Order Filing 56 Letter in Reply to SEC's letter from 11/8/07 opposing Jaeggi's letter from 11/6/07 requesting confirmation that he does not have to file an answer at this time by Kenneth Jaeggi (Molo, Steven)
November 8, 2007 Opinion or Order Filing 54 Letter Responding To Letter From Counsel For Defendant Jaeggi by Securities and Exchange Commission (Dever, Joseph)
November 7, 2007 Opinion or Order Filing 55 ORDER granting #47 Motion for Extension of Time to Answer re #1 Complaint(USA) and granting #48 Motion for Extension of Time to Answer. Christopher Desantis answer due 11/21/2007. Robert Donlon answer due 11/21/2007. Ordered by Judge Sandra J. Feuerstein on 11/7/07. (Brienza, Lauren)
November 7, 2007 Opinion or Order Filing 53 ANSWER to Complaint by Frank Borghese. (Attachments: #1 Certificate of Service) (Simon, Bradley)
November 7, 2007 Opinion or Order Filing 52 ANSWER to Complaint by Michael Degennaro. (Attachments: #1 Certificate of Service) (Sommer, Michael)
November 7, 2007 Opinion or Order Filing 51 ANSWER to Complaint by James Heuschneider. (DiChiara, Gerald)
November 7, 2007 Opinion or Order Filing 50 Letter by Gregory Mortenson (Abrams, Stuart)
November 6, 2007 Opinion or Order Filing 49 Letter from Tai H. Park to Hon. Sandra J. Feuerstein inquiring as to whether deadline for filing an answer applies to Mr. Jaeggi, as to whom there is still a pending criminal trial by Kenneth Jaeggi (Molo, Steven)
November 6, 2007 Opinion or Order Filing 48 First MOTION for Extension of Time to File Answer by Robert Donlon. (Mehler, Gordon)
November 6, 2007 Opinion or Order Filing 47 First MOTION for Extension of Time to File Answer re #1 Complaint(USA), Complaint(USA) by Christopher Desantis. (Moskowitz, Avraham)
October 24, 2007 Opinion or Order Filing 46 Minute Entry for proceedings held before Sandra J. Feuerstein: Counsel present. Status Conference held on 10/24/2007 at 10:30am. Decision: entered on the record. On consent, dft's #547 and #549 motions in 04-cr-519 are granted. Bail is exonerated and the indictment is dismissed as to dfts Degennaro and Borghese. Government directed to find and address their prosecution as to Mr. Heuschneider. Parties are directed to proceed with discovery in the civil matter 04-cv-2276, in which Jaeggi can participate. Dfts are directed to answer the government's complaint withint 2 weeks of today's conference. A further status conference has been scheduled in the civil matter for 1/10/2008 at 11:15 AM before Judge Sandra J. Feuerstein. A status conference in 04-cr-519 has been set before Judge Feuerstein on 11/5/07 at 10:00am.(Court Reporter Paul Lombardi.) (Brienza, Lauren)
September 21, 2007 Opinion or Order NOTICE of Hearing: Status Conference set for 10/24/2007 10:00 AM before Judge Sandra J. Feuerstein. c/ecf (Morabito, Bryan)
September 17, 2007 Opinion or Order Filing 45 ORDER REASSIGNING CASE. Case reassigned to Judge Sandra J. Feuerstein for all further proceedings. Judge Leonard D. Wexler no longer assigned to case. Ordered by Judge Leonard D. Wexler on 9/17/2007. (Bowens, Priscilla)
August 27, 2007 Opinion or Order Filing 44 Letter to Hon. Leonard D. Wexler requesting information regarding status of civil enforcement action by Michael Degennaro (Sommer, Michael)
January 23, 2007 Opinion or Order ORDER re #43 Stipulation filed by Symbol Technologies, Inc. Stipulation is So Ordered by Judge Leonard D. Wexler on 01/23/07. (Ausili, Peter)
January 10, 2007 Opinion or Order Filing 43 STIPULATION Amending Final Judgment by Symbol Technologies, Inc. (Attachments: #1 Letter) (Levander, Andrew)
January 4, 2007 Opinion or Order Filing 42 Letter of inquiry as to whether Judge Wexler will be reassigning the matter to Judge Feuerstein by Michael Degennaro (Sommer, Michael)
February 7, 2006 Opinion or Order Filing 41 FINAL CONSENT JUDGMENT OF PERMANENT INJUNCTION AND OTHER RELIEF AS TO DEFT. GOLDNER (see judgment for specific details). (Ordered by Judge Leonard D. Wexler on 2/7/06) c/m(Montero, Edher)
January 9, 2006 Opinion or Order Filing 40 MOTION to Approve Consent Judgment as to Leonard Goldner by Securities and Exchange Commission. (Burnett, Burk)
August 18, 2005 Opinion or Order ORDER granting #39 Motion for Disbursement of Funds. Order to Disburse Funds to Pay Tax Obligations, Fees, and Expenses is So Ordered by JudgeLeonard D. Wexler on 8/18/05. (Ausili, Peter)
August 12, 2005 Opinion or Order Filing 39 Letter MOTION for Disbursement of Funds by Securities and Exchange Commission. (Dever, Joseph)
April 15, 2005 Opinion or Order Filing 38 NOTICE of Change of Address/Firm/Email by Jimmy Fokas (Fokas, Jimmy)
March 7, 2005 Opinion or Order Filing 37 ORDER: That the Partial Final Consent Judgment of Permanent Injuction and Other Relief as to deft Brian Burke, signed by the Court on 2/24/05, and entered by the Clerk on 2/28/05, shall reflect on page one that the Consent of Deft Brian Burke, annexed thereto is dated 2/14/05. SO ORDERED (Signed by Judge Leonard D. Wexler on 3/7/05). c/m(Montero, Edher)
March 3, 2005 Opinion or Order Filing 36 Letter from Jimmy Fokas on behalf of SEC dtd. 3/3/05 to Judge Wexler enclosing a proposed order to reflect in the Judgment that deft Burke's cosnent is dtd. 2/14/05. (Montero, Edher)
February 24, 2005 Opinion or Order Filing 35 PARTIAL FINAL CONSENT JUDGMENT OF PERMANENT INJUCTION AND OTHER RELIEF AS TO DEFT BRIAN BURKE & ORDER: (see judgment for specific details). (Signed by Judge Leonard D. Wexler on 2/24/05). c/m(Montero, Edher)
February 17, 2005 Opinion or Order Filing 34 Consent MOTION for Entry of Judgment under Rule 54(b) Partial Final Consent Judgment of Permanent Injunction and Other Relief as to Defendant Brian Burke by Securities and Exchange Commission. (Dever, Joseph)
January 31, 2005 Opinion or Order Filing 33 NOTICE of CHANGE OF FIRM NAME from Piper Rudnick LLP to DLA Piper Rudnick Gray Cary US LLP appearing on behalf of Tomo Razmilovic (Montero, Edher)
November 29, 2004 Opinion or Order Filing 32 ANSWER to Complaint by Tomo Razmilovic. Attachments: #1(Montero, Edher)
October 25, 2004 Opinion or Order ENDORSED ORDER denying #31 Motion for Reconsideration: Request for reconsideration is DENIED except that the defts as to whom the matter is stayed must answer the complaint herein within 30 days of the date that the stay of discovery is lifted. SO ORDERED (Signed by Judge Leonard D. Wexler on 10/25/04) c/m eod #31 (Montero, Edher)
October 22, 2004 Opinion or Order Filing 31 Letter MOTION for Reconsideration re Order on Motion to Stay, Filed by Securities and Exchange Commission. (Montero, Edher)
October 19, 2004 Opinion or Order Filing 30 Letter MOTION to Stay proceedings in this case until the criminal case is resolved. Filed by Tomo Razmilovic. (Montero, Edher)
October 19, 2004 Opinion or Order ENDORSED ORDER denying #30 Motion to Stay: Application of defendant, Razmilovic, who is a fugitive, is DENIED. The Court's order staying this case as to other defendants remains in effect. SO ORDERED (Signed by Judge Leonard D. Wexler on 10/19/04). c/m eod #30 (Montero, Edher)
October 19, 2004 Opinion or Order Filing 29 ORDER granting #27 Motion to Stay: That the above-captioned action be and hereby is stayed for all purposes with respect to the movin defts pending resolution of the criminal proceedings in US v. Tomo Razmilovic, 04-cr-519(LDW) presently before the court. SO ORDERED (Signed by Judge Leonard D. Wexler on 10/19/04) c/m (Montero, Edher)
October 18, 2004 Opinion or Order Filing 28 AFFIDAVIT of Service for Summons and Complaint served on Tomo Razmilovic on September 29, 2004, filed by Securities and Exchange Commission. (Fokas, Jimmy)
October 14, 2004 Opinion or Order Filing 27 Letter MOTION to Stay by Christopher Desantis. (Moskowitz, Avraham)
September 23, 2004 Opinion or Order Filing 26 STIPULATION Extending Time to Answer or Move by Leonard Goldner. (Geist, Andrew)
September 17, 2004 Opinion or Order Filing 25 AFFIDAVIT of Service for Summons and Complaint served on Gregory Mortenson on July 9, 2004, filed by Securities and Exchange Commission. (Fokas, Jimmy)
September 17, 2004 Opinion or Order Filing 24 AFFIDAVIT of Service for Summons and Complaint served on Kenneth Jaeggi on June 15, 2004, filed by Securities and Exchange Commission. (Fokas, Jimmy)
September 17, 2004 Opinion or Order Filing 23 AFFIDAVIT of Service for Summons and Complaint served on James Heuschneider on June 15, 2004, filed by Securities and Exchange Commission. (Fokas, Jimmy)
September 17, 2004 Opinion or Order Filing 22 AFFIDAVIT of Service for Summons and Complaint served on Leonard Goldner on June 14, 2004, filed by Securities and Exchange Commission. (Fokas, Jimmy)
September 17, 2004 Opinion or Order Filing 21 AFFIDAVIT of Service for Summons and Complaint served on Robert Donlon on June 10, 2004, filed by Securities and Exchange Commission. (Fokas, Jimmy)
September 17, 2004 Opinion or Order Filing 20 AFFIDAVIT of Service for Summons and Complaint served on Christopher DeSantis on June 10, 2004, filed by Securities and Exchange Commission. (Fokas, Jimmy)
September 17, 2004 Opinion or Order Filing 19 AFFIDAVIT of Service for Summons and Complaint served on Michael DeGennaro on June 22, 2004, filed by Securities and Exchange Commission. (Fokas, Jimmy)
September 17, 2004 Opinion or Order Filing 18 AFFIDAVIT of Service for Summons and Complaint served on Brian Burke on June 10, 2004, filed by Securities and Exchange Commission. (Fokas, Jimmy)
September 17, 2004 Opinion or Order Filing 17 AFFIDAVIT of Service for Summons and Complaint served on Frank Borghese on June 10, 2004, filed by Securities and Exchange Commission. (Fokas, Jimmy)
August 6, 2004 Opinion or Order Filing 14 STIPULATION Extending Time to Answer or Move by Leonard Goldner. (Geist, Andrew)
August 3, 2004 Opinion or Order Filing 16 STIPULATION AND ORDER extending the time for deft to answer the complaint to 8/30/04. SO ORDERED (Signed by Judge Leonard D. Wexler on 8/3/04). c/m(Montero, Edher)
August 3, 2004 Opinion or Order Filing 15 STIPULATION AND ORDER extending the time for dedt Christopher De Santis to move or answer to 8/30/04. SO ORDERED (Signed by Judge Leonard D. Wexler on 8/3/04) c/m(Montero, Edher)
July 21, 2004 Opinion or Order Filing 13 STIPULATION AND ORDER for Substitution of Attorneys and Notice of Appearance on behalf of Kenneth Jaeggi by Tai H. Park of Shearman & Sterling, LLP. SO ORDERED (Signed by Judge Leonard D. Wexler on 7/21/04). c/m(Montero, Edher)
July 8, 2004 Opinion or Order Filing 11 ORDER: The US' application to intervene in the present case, for the limited purpose of staying pretrial discovery is GRANTED. The US' application to stay pretrial discovery, with no objection by the plaintiff of defts, is GRANTED. The stay of pretrial discovery shall remain in effect pending the resolution of the criminal proceedings US v. Tomo Razmilovic, et al 04-CR-519, presently before this court. Any party may apply to the court, in writing, to lift the stay of pretrial discovery upon 60 days notice to the Govt and all other parties. SO ORDERED (Signed by Judge Leonard D. Wexler on 7/8/04). c/m(Montero, Edher)
July 7, 2004 Opinion or Order Filing 12 STIPULATION AND ORDER extending the time for deft Leonard Goldner to answer or move to dismiss the complaint until 8/6/04. SO ORDERED (Signed by Judge Leonard D. Wexler on 7/7/04). c/m(Montero, Edher)
July 6, 2004 Opinion or Order Filing 10 ORDER re 9 Letter Application: The US' application to intervene in the present case, for the limited purpose of staying pretrial discovery is GRANTED. The US' application to stay pretrial discovery, with no objection by the plaintiff or defts, is GRANTED. The stay of pretrial discovery shall remain in effect pending the resolution of the criminal proceedings, United States v. Tomo Razmilovic, et al., 04-cr-519, presently before the Court. Any party may apply to the court, in writing, to lift the stay or pretrial discovery upon 60 days notice to the Govt and all other parties. SO ORDERED (Signed by Judge Leonard D. Wexler on 7/6/04). c/m(Montero, Edher)
July 6, 2004 Opinion or Order Filing 7 STIPULATION Extending Time to Respond to Complaint by Leonard Goldner. (Geist, Andrew)
July 1, 2004 Opinion or Order Filing 8 STIPULATION AND ORDER extending the time for deft. Christopher DeSantis to move or answer the complaint to 7/30/04. SO ORDERED (Signed by Judge Leonard D.Wexler on 7/1/04. c/m (Montero, Edher)
June 29, 2004 Opinion or Order Escrow Deposit: The sum of $37,000,001.00, receipt number 013352 received from Symbol Technologies. (Montero, Edher)
June 18, 2004 Opinion or Order Filing 9 Letter application by Geoffrey Kaiser dtd. 6/17/04 to Judge Wexler seeking to intervene in the above ref civil action for the limited purpose of seeking a stay of pre-trial discovery. All parties have no objection to the govt's intervention or requested stay of discovery. (Montero, Edher)
June 17, 2004 Opinion or Order Filing 6 COMPLAINT against all defendants, filed by Securities and Exchange Commission.(Fokas, Jimmy)
June 9, 2004 Opinion or Order Filing 5 FINAL CONSENT JUDGMENT OF PERMANENT INJUNCTION AND OTHER RELIEF AS TO DEFENDANT, SYMBOL TECHNOLOGIES, INC.: (see order for specific details) SO ORDERED (Signed by Judge Leonard D. Wexler on 6/9/04) c/m(Montero, Edher)
June 9, 2004 Opinion or Order Filing 4 PARTIAL FINAL CONSENT JUDGMENT OF PERMANENT INJUNCTION AND OTHER RELIEF AS TO DEFT. JAMES DEAN: (see Order for specific details). SO ORDERED (Signed by Judge Leonard D. Wexler on 6/9/04) c/m(Montero, Edher)
June 3, 2004 Opinion or Order Filing 3 Notice of Related Case Assignment (Duong, Susan)
June 3, 2004 Opinion or Order Filing 2 Case set to ECF status. All civil actions before this Judge are ECF matters. It is MANDATORY that you file all original documents electronically. Please refer to the Judge's Individual Rules. From this point forward, original documents are REQUIRED to be filed electronically and forward a hard copy, labeled courtesy copy, to chambers. The Judges' Individual Rules of Chambers and further information on ECF may be found at the website for the Eastern District of New York at www.nyed.uscourts.gov. (Duong, Susan)
June 3, 2004 Opinion or Order Filing 1 COMPLAINT against Frank Borghese, Brian Burke, James Dean, Michael Degennaro, Christopher Desantis, Robert Donlon, Leonard Goldner, James Heuschneider, Kenneth Jaeggi, Gregory Mortenson, Tomo Razmilovic, Symbol Technologies, Inc., filed by Securities and Exchange Commission. (Attachments: #1 Civil Cover Sheet)(Duong, Susan)
June 3, 2004 Opinion or Order Summons Issued as to Frank Borghese, Brian Burke, James Dean, Michael Degennaro, Christopher Desantis, Robert Donlon, Leonard Goldner, James Heuschneider, Kenneth Jaeggi, Gregory Mortenson, Tomo Razmilovic, Symbol Technologies, Inc.. (Duong, Susan)

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Search for this case: Securities and Exchange Commission v. Symbol Technologies, Inc. et al
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Plaintiff: Securities and Exchange Commission
Represented By: Todd Daniel Brody
Represented By: Burk Burnett
Represented By: Edwin Henry Nordlinger
Represented By: George N. Stepaniuk
Represented By: Jimmy Fokas
Represented By: Catherine Pappas
Represented By: Jess A. Velona
Represented By: John J. Graubard
Represented By: Joseph O. Boryshansky
Represented By: Joseph Patrick Dever, Jr.
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Defendant: Symbol Technologies, Inc.
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Defendant: Tomo Razmilovic
Represented By: David E. Nachman
Represented By: Camille Calman
Represented By: Jeffrey B. Coopersmith
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Defendant: Kenneth Jaeggi
Represented By: Tai H. Park
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Defendant: Leonard Goldner
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Defendant: Brian Burke
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Defendant: Michael Degennaro
Represented By: Michael S. Sommer
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Defendant: Frank Borghese
Represented By: Bradley Drew Simon
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Defendant: Christopher Desantis
Represented By: Avraham C. Moskowitz
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Defendant: James Heuschneider
Represented By: Amelia Katherine Brankov
Represented By: Ronald C. Minkoff
Represented By: Gerald J. DiChiara
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Defendant: Gregory Mortenson
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Defendant: James Dean
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Defendant: Robert Donlon
Represented By: Gordon Mehler
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Interested party: Anna-Christina Razmilovic
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