Commodity Futures Trading Commission v. Walsh et al
| Commodity Futures Trading Commission |
| Stephen Walsh, Paul Greenwood, Westridge Capital Management, Inc., WG Trading Investors, L.P. and WGIA, L.L.C. |
| Westridge Capital Management Enhancement Funds, Inc., WG Trading Company L.P., WGI L.L.C., K&L Investments and Janet Walsh |
| 1:2009cv01749 |
| February 25, 2009 |
| US District Court for the Southern District of New York |
| Securities/Commodities Office |
| New York |
| George B. Daniels |
| None |
| Federal Question |
| 7:6(b) Federal Commodity Exchange Regulation |
Docket Report
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This docket was last retrieved on November 19, 2019. A more recent docket listing may be available from PACER.
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Filing 325
ENDORSED LETTER addressed to Judge George B. Daniels from Craig A. Welin dated 4/29/10 re: Receiver respectfully requests that the Court "So Order" the Receiver's request as set forth in this letter, so that the Receiver can list the IOM CME Interest for sale with the CME Group in accordance with their rules and regulations governing the sale. ENDORSEMENT: IT IS SO ORDERED. (Signed by Judge George B. Daniels on 5/3/10) (djc)
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Filing 324
ENDORSED LETTER addressed to Judge George B. Daniels from Craig A. Welin dated 4/23/2010 re: Counsel for the Receiver writes seeking approval for the Receiver to sell a 2008 Tahoe 228 Boat, Serial #BUJA886JA808, for the sum of $15,000.00. ENDORSEMENT: IT IS SO ORDERED. (Signed by Judge George B. Daniels on 4/28/2010) (tve)
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Filing 323
ENDORSED LETTER addressed to Judge George B. Daniels from Craig A. Welin dated 4/20/2010 re: The Receiver is seeking authority to complete the transaction between the Receiver and Ms. Schaberg, which will necessarily involve, among other things, finalization and execution of the loan documents, recordation of the mortgage against the Florida residence, and the issuance of a title insurance policy in favor of the Receiver for the mortgage. ENDORSEMENT: So ordered. (Signed by Judge George B. Daniels on 4/21/2010) (jpo)
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Filing 322
ORDER, that Defendant Stephen Walsh moves for reconsideration of our opinion of March 9, 2010 granting in part his motion to release property for lawyers' fees. Walsh has not demonstrated that the Court overlooked matters or controlling decisions that, had they been considered, might reasonably have altered our decision. We carefully considered the issues raised at the time we rendered our original decision. Since Walsh has presented no new matter or controlling law contrary to that decision, the motion is denied. (Signed by Judge George B. Daniels and Judge Miriam Goldman Cedarbaum on 4/15/10) (pl)
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Filing 321
ORDER: denying 216 Motion for Reconsideration. Defendant Stephen Walsh moves for reconsideration of our opinion of March 9, 2010 granting in part his motion to release property for lawyers' fees. Walsh has not demonstrated that the Court overlooked matters or controlling decisions that, had they been considered, might reasonably have altered our decision. We carefully considered the issues raised at the time we rendered our original decision. Since Walsh has presented no new matter or controlling law contrary to that decision, the motion is denied. SO ORDERED. (Signed by Judge George B. Daniels and Judge Miriam G. Cederbaum on 4/15/2010) (tve)
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Filing 320
NOTICE of Additional Signature Pages to Stipulated Protective Order and Confidentiality Agreement. Document filed by Robb Evans & Associates LLC. (Attachments: # 1 Certificate of Service)(Welin, Craig)
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Filing 319
NOTICE of OPPOSITION TO MOTION TO RECONSIDER AND FILING PURSUANT TO MARCH 9, 2010 ORDER re: 318 Opposition Brief, 305 Memorandum & Opinion, Set Hearings,,,,,,,,,,,,,,. Document filed by Commodity Futures Trading Commission. (Haas, Peter)
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Filing 318
OPPOSITION BRIEF re Walsh's Motion for Reconsideration of the Court's March 9, 2010 Order. Document filed by USA.(Mole, Marissa)
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Filing 317
NOTICE OF ADDITIONAL SIGNATURE PAGE TO STIPULATED PROTECTIVE ORDER AND CONFIDENTIALITY AGREEMENT: that since the filing of the stipulated protective order and confidentiality agreement on April 2, 2010, by the Receiver, Robb Evans & Associates, LLC ("Receiver"), the Receiver has obtained an additional signature page from the Ohio Northern University, a copy of which is attached hereto as Exhibit 1. SO ORDERED. (Signed by Judge George B. Daniels on 4/8/2010) (tve)
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Filing 316
STIPULATED PROTECTIVE ORDER AND CONFIDENTIALITY AGREEMENT regarding procedures to be followed that shall govern the handling of confidential material during the course of these proceedings. (Signed by Judge George B. Daniels on 4/8/10) (djc)
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Filing 315
NOTICE OF CHANGE OF ADDRESS by Frederick Phillip Hafetz on behalf of Paul Greenwood. New Address: Hafetz Necheles & Rocco, 500 5th Ave, 29th Floor, New York, NY, United States 10110, 212.997.7595. (Hafetz, Frederick)
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ENDORSED LETTER addressed to Judge Miriam Goldman Cedarbaum and Judge George B. Daniels, from AUSAs John J. O'Donnell and Marissa Mole, dated March 31, 2010 re: The Government writes to request an extension of the time for all of the Government agencies to respond to (a) the submission of defendant Paul Greenwood concerning allegedly untainted assets, and (b) the Motion for Reconsideration, until Friday April 9, 2010. We have consulted with counsel for Messrs. Walsh and Greenwood, who consented to this application. ENDORSEMENT: So Ordered. (Signed by Judge George B. Daniels on 4/8/2010) [*** Original document filed in Criminal Case 09-cr-722(MGC), see doc# 82. ***] (bw)
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Filing 314
NOTICE of Additional Signature Page to Stipulated Protective Order and Confidential Agreement. Document filed by Robb Evans & Associates LLC. (Attachments: # 1 Certificate of Service)(Welin, Craig)
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Filing 313
ENDORSED LETTER addressed to Judge Miriam Goldman Cedarbaum from John O'Donnell dated 3/31/10 re: Request for an extension of time until 4/9/10 for all of the Government agencies to respond to the submission of defendant Paul Greenwood re allegedly untainted assets, and the Motion for Reconsideration. ENDORSEMENT: Request granted. So ordered. ( Responses due by 4/9/2010) (Signed by Judge George B. Daniels on 4/5/10) (cd)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Craig Welin to E-MAIL Document No. 312 Stipulated Protective Order to judgments@nysd.uscourts.gov. This document is not filed via ECF. (jar)
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Filing 312
FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Protective Order Stipulated Protective Order and Confidentiality Agreement (w/Proposed Order & Certificate of Service). Document filed by Robb Evans & Associates LLC. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Welin, Craig) Modified on 4/2/2010 (jar).
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Filing 311
TRANSCRIPT of proceedings held on March 9, 2010 10:15 a.m. before Judge George B. Daniels. (ajc)
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Filing 310
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 307 Motion for Robert A. Bell, Jr. to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 3/12/2010) (jpo)
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Filing 309
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 306 Motion for Joseph R. Miller to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 3/12/2010) (jpo)
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CASHIERS OFFICE REMARK on 307 Motion to Appear Pro Hac Vice, 306 Motion to Appear Pro Hac Vice in the amount of $50.00, paid on 03/09/2010, Receipt Number 896671. (jd)
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Filing 308
NOTICE OF CHANGE OF ADDRESS by Elizabeth N. Treubert on behalf of Ohio Northern University. New Address: Vorys, Sater, Seymour and Pease LLP, 1909 K Street, N.W., 9th floor, Washington, DC, United States 20006-1152, (202) 467-8800. (Treubert, Elizabeth)
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Filing 307
MOTION for Robert A. Bell, Jr. to Appear Pro Hac Vice. Document filed by Ohio Northern University.(mro)
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Filing 306
MOTION for Joseph R. Miller to Appear Pro Hac Vice. Document filed by Ohio Northern University.(mro)
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Filing 305
MEMORANDUM OPINION AND ORDER, #98644 that a hearing will be scheduled for Wednesday, April 21, 2010 at 10:00 am, in Courtroom 14A, at which the Government will have the opportunity to present evidence ofprobable cause to believe that the funds sought for attorneys' fees are tainted and, if contested bythe Defendants, probable cause for the criminal charges in the Indictment.Defendants Walsh and Greenwood's motions are granted to the extent that Defendants are entitled to pay for lawyers of their choice with untainted funds. A probable cause hearing will be scheduled for the Government to demonstrate to what extent, if any, Greenwood's antiques and collectibles, and Walsh's home at 7 Half Moon Lane are tainted. The Government shall indicate by April 5, 2010, the nature of the evidence and the extent to which it plans to demonstrate that the assets in question are tainted. Money shall be available to Greenwood up to the requested amount of $1,000,000, and to Walsh up to $900,000 (the 1983 purchase price of the home at 38 Arden Lane) for payment of reasonable attorneys' fees incurred in the criminal case, if the Government cannot meet its burden of demonstrating that there is probable cause to believe that those funds are tainted by fraud. Invoices for attorneys' fees should be submitted as incurred, and limited to fees and expenses related solely to representation in the criminal action.The Receiver, with the cooperation of Defendants, attorneys, should immediately begin the liquidation process of Greenwood's antiques and collectibles, and Walsh's home at 7 Half Moon Lane. Additional relief as set forth in this Order. (Signed by Judge George B. Daniels and Judge Miriam Goldman Cedarbaum on 3/9/10) (pl) Modified on 3/10/2010 (ajc).
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Filing 304
NOTICE of Funds Paid to or On Behalf of Janet Schaberg by Receiver, Robb Evans & Associates LLC as of March 3, 2010. Document filed by Robb Evans & Associates LLC. (Attachments: # 1 Certificate of Service)(Welin, Craig)
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Filing 303
ORDER: Relief Defendant Janet Schaberg's Motion to Modify Preliminary Injunctions to Release Funds to Pay Attorneys' Fees and Disbursements is denied. (Signed by Judge George B. Daniels on 3/8/2010) (jfe)
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Filing 302
NOTICE OF APPEARANCE by Elizabeth N. Treubert on behalf of Ohio Northern University (Treubert, Elizabeth)
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Filing 301
REPLY MEMORANDUM OF LAW in Support re: 289 MOTION for Release of Funds Notice of Motion.. Document filed by Janet Walsh. (Kessler, Steven)
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Filing 300
ORDER APPROVING FIRST JOINT APPLICATION OF THE RECEIVER FRANDZEL ROBINS BLOOM & CSATO L.C. AND MCKENNA LONG & ALDRIDGE LLP FOR ALLOWANCE OF COMPENSATION AND REIMBURSEMENT OF EXPENSES INCURRED DURING THE PERIOD FEBRUARY 25, 2009 THROUGH MAY 31, 2009: IT IS HEREBY ORDERED that:(a) The amounts sought by the Receiver, Frandzel and McKenna in total are hereby deemed reasonable, appropriate and are hereby approved;(b) The Receiver is authorized to pay within 10 days from the entry of this Order the approved fees and expenses set forth above; and(c) The Receiver, Frandze1 and McKenna are further authorized to submit additional applications for fees and expenses. So Ordered (Signed by Judge George B. Daniels on 2/23/2010) (js)
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Filing 299
JOINT MEMORANDUM OF LAW in Opposition re: 289 MOTION for Release of Funds Notice of Motion., 291 MOTION for Release of Funds Declaration of Steven L. Kessler, with exhbits, in Support of Motion for Legal Fees and Expenses., 290 MOTION for Release of Funds Memorandum of Law in Support of Motion for Release of Legal Fees and Expenses. And Exhibit "A". Document filed by Commodity Futures Trading Commission. (Buffa, Jonmarc)
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Filing 298
NOTICE of Opposition to Defendants Paul Greenwood's and Stephen Walsh's Motions for Release of Funds for Attorney's Fees and Costs and Motion to Seek Leave to File Opposition As Amicus Curiae. Document filed by Carnegie Mellon University. (Attachments: # 1 Exhibit A)(Humphries, Scott)
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Filing 297
ENDORSED LETTER addressed to Judge George B. Daniels from Justin M. Sher dated 1/25/2010 re: Counsel respectfully request that the Court schedule the status conference for the morning of 3/9/2010. ENDORSEMENT: The conference adjourned to 3/9/2010 at 10:00 a.m. So Ordered. (Signed by Judge George B. Daniels on 1/28/2010) (jfe)
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Filing 296
ORDER striking 289 Motion for Release of Funds.The Commodity Futures Trading Commission ("CFTC") and Securities and ExchangeCommission's ("SEC") request to strike Janet Schaberg's Motion for Release of Funds to Pay Attorneys' Fees and Disbursements is denied.SO ORDERED. (Signed by Judge George B. Daniels on 1/26/2010) (jmi)
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Filing 295
ENDORSED LETTER addressed to Judge George B. Daniels from Craig A. Welin dated 1/19/2010 re: The Receiver is seeking authority to enter into a listing agreement with Ghykaine Manning and Declan Orpen of Vincent & Whittemore Real Estate for the sale of the Subject Property. ENDORSEMENT: IT IS SO ORDERED. (Signed by Judge George B. Daniels on 1/25/2010) (tve)
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Filing 294
ENDORSED LETTER addressed to Judge George B. Daniels from Tracy E. Sivitz dated 1/20/2010 re: Counsel for Paul Greenwood requests an adjournment of the status conference currently scheduled for 1/27/2010 at 10:00 a.m. until the week of 2/22/2010, excluding 2/24/2010. ENDORSEMENT: The conference is adjourned to February 23, 2010 at 10:00 a.m. ( Status Conference set for 2/23/2010 at 10:00 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 1/21/2010) (tro)
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Filing 293
DECLARATION of Steven L Kessler in Support re: 289 MOTION for Release of Funds Notice of Motion.. Document filed by Janet Walsh. (Kessler, Steven)
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Filing 292
MEMORANDUM OF LAW in Support re: 289 MOTION for Release of Funds Notice of Motion.. Document filed by Janet Walsh. (Attachments: # 1 Text of Proposed Order Release of Funds for Legal Fees and Expenses, # 2 Text of Proposed Order Release of Funds for Living Expenses)(Kessler, Steven)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Steven Kessler to RE-FILE Document 291 MOTION for Release of Funds Declaration of Steven L. Kessler, with exhbits, in Support of Motion for Legal Fees and Expenses. Use the event type Declaration in Support found under the event list Replies, Oppositions, Supporting Documents. (jar)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Steven Kessler to RE-FILE Document 290 MOTION for Release of Funds Memorandum of Law in Support of Motion for Release of Legal Fees and Expenses. Use the event type Memorandum of Law in Support found under the event list Replies, Oppositions, Supporting Documents. NOTE: Link document to 289 Motion for Release of Funds. (jar)
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Filing 291
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (Declaration in Support) - MOTION for Release of Funds Declaration of Steven L. Kessler, with exhbits, in Support of Motion for Legal Fees and Expenses. Document filed by Janet Walsh. Return Date set for 2/4/2010 at 09:30 AM.(Kessler, Steven) Modified on 1/20/2010 (jar).
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Filing 290
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (Memorandum of Law) - MOTION for Release of Funds Memorandum of Law in Support of Motion for Release of Legal Fees and Expenses. Document filed by Janet Walsh. Return Date set for 2/4/2010 at 09:30 AM. (Attachments: # 1 Text of Proposed Order Release of legal fees and expenses, # 2 Text of Proposed Order Release of living expenses)(Kessler, Steven) Modified on 1/20/2010 (jar).
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Filing 289
MOTION for Release of Funds Notice of Motion. Document filed by Janet Walsh. Return Date set for 2/4/2010 at 09:30 AM.(Kessler, Steven)
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Filing 288
NOTICE of Notice of Opposition to Defendants Filings in the Criminal Matter Requesting an Attorneys Fees Carve-out from the Preliminary Injunctions and Memorandum of Points and Authorities in Support thereof. Document filed by Commodity Futures Trading Commission. (Attachments: # 1 Exhibit 1 and 2, # 2 Affidavit Kenton Johnson)(Buffa, Jonmarc)
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Filing 287
CERTIFICATE OF SERVICE of Brief and Notices of Filing of Declarations served on All Parties on 1/15/2010. Document filed by USA. (O'Donnell, John)
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Filing 286
NOTICE of Filing of Declaration of John J. O'Donnell. Document filed by USA. (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)(O'Donnell, John)
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Filing 285
NOTICE of Filing Of Declaration Of Brick Kane. Document filed by USA. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(O'Donnell, John)
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Filing 284
BRIEF In Opposition To Defendant Paul Greenwood's and Defendant Stephen Walsh's Motion For Release Of Funds. Document filed by USA.(O'Donnell, John)
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Filing 283
RESPONSE in Opposition re: 272 MOTION to Approve First Joint Application of the Receiver, Frandzel Robins Bloom & Cato, L.C. and McKenna Long & Aldridge, LLP for Allowance of Compensation and Reimbursement of Expenses Incurred During the Period February 25, 2009 through May 31, 200 (Objection filed by Securities and Exchange Commission in related case -SEC v. WG Trading Investors, L.P., Case #09-CV-1750). Document filed by Robb Evans & Associates LLC. (Attachments: # 1 Certificate of Service)(Welin, Craig)
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Filing 282
ORDER TO SUPPLEMENT THE CERTIFIED RECORD ON APPEAL, the motion of plaintiff SEC to supplement the appellate record is granted and the record certified to the USCA for the 2nd circuit in appeal No. 3787 be supplemented as follows: Document from the record in the parallel case CFTC v Walsh 09-1749 No. 1888 Declaration of Patricia Gomersall in Support of Motion for Preliminary Injunction as to Relief Defendants. It is so ordered (Entered 7/24/09) (Signed by Judge George B. Daniels on 1/8/10) (cd)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Craig Welin to E-MAIL Document No. 278 Proposed Order to judgments@nysd.uscourts.gov. This document is not filed via ECF. (jar)
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Filing 281
NOTICE of of Withdrawal of Documents Inadverently Filed under the Incorrect Event Code of Memorandum of Law (Docket Entry #274) re: 274 Memorandum of Law in Support of Motion,. Document filed by Robb Evans & Associates LLC. (Attachments: # 1 Certificate of Service)(Welin, Craig)
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Filing 280
NOTICE of Filing of First Joint Application of the Receiver, Frandzel Robins Bloom & Csato, L.C. and McKenna Long & Aldridge, LLP for Allowance of Compensation and Reimbursement of Expenses Incurred During the Period February 25, 2009 through May 31, 2009 re: 272 MOTION to Approve First Joint Application of the Receiver, Frandzel Robins Bloom & Cato, L.C. and McKenna Long & Aldridge, LLP for Allowance of Compensation and Reimbursement of Expenses Incurred During the Period February 25, 2009 through May 31, 200. Document filed by Robb Evans & Associates LLC. (Attachments: # 1 Certificate of Service)(Welin, Craig)
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Filing 279
CERTIFICATE OF SERVICE of First Joint Application of the Receiver, Frandzel Robins Bloom & Csato, L.C. and McKenna Long & Aldridge, LLP for Allowance of Compensation and Reimbursement of Expenses Incurred During the Period February 25, 2009 through May 31, 2009; Memorandum of Points and Authorities; Declarations of Brick Kane, Craig A. Welin and Gary Owen Caris and Proposed Order served on All Parties on December 24, 2009. Service was made by Mail and CM/ECF. Document filed by Robb Evans & Associates LLC. (Welin, Craig)
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Filing 278
FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT (Proposed Order) - NOTICE of [Proposed] Order Approving First Joint Application of the Receiver, Frandzel Robins Bloom & Csato, L.C. and McKenna Long & Aldridge, LLP for Allowance of Compensation and Reimbursement of Expenses Incurred During the Period February 25, 2009 through May 31, 2009 re: 277 Declaration in Support of Motion, 272 MOTION to Approve First Joint Application of the Receiver, Frandzel Robins Bloom & Cato, L.C. and McKenna Long & Aldridge, LLP for Allowance of Compensation and Reimbursement of Expenses Incurred During the Period February 25, 2009 through May 31, 200, 276 Declaration in Support of Motion, 275 Declaration in Support of Motion, 273 Memorandum of Law in Support of Motion,. Document filed by Robb Evans & Associates LLC. (Welin, Craig) Modified on 12/29/2009 (jar).
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Filing 277
DECLARATION of Brick Kane in Support re: 272 MOTION to Approve First Joint Application of the Receiver, Frandzel Robins Bloom & Cato, L.C. and McKenna Long & Aldridge, LLP for Allowance of Compensation and Reimbursement of Expenses Incurred During the Period February 25, 2009 through May 31, 200. Document filed by Robb Evans & Associates LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Welin, Craig)
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Filing 276
DECLARATION of Gary Owen Caris in Support re: 272 MOTION to Approve First Joint Application of the Receiver, Frandzel Robins Bloom & Cato, L.C. and McKenna Long & Aldridge, LLP for Allowance of Compensation and Reimbursement of Expenses Incurred During the Period February 25, 2009 through May 31, 200. Document filed by Robb Evans & Associates LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Welin, Craig)
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Filing 275
DECLARATION of Craig A. Welin in Support re: 272 MOTION to Approve First Joint Application of the Receiver, Frandzel Robins Bloom & Cato, L.C. and McKenna Long & Aldridge, LLP for Allowance of Compensation and Reimbursement of Expenses Incurred During the Period February 25, 2009 through May 31, 200. Document filed by Robb Evans & Associates LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Welin, Craig)
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Filing 274
FILING ERROR - DEFICIENT DOCKET ENTRY (See document #277) - MEMORANDUM OF LAW in Support re: 272 MOTION to Approve First Joint Application of the Receiver, Frandzel Robins Bloom & Cato, L.C. and McKenna Long & Aldridge, LLP for Allowance of Compensation and Reimbursement of Expenses Incurred During the Period February 25, 2009 through May 31, 200. Document filed by Robb Evans & Associates LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Welin, Craig) Modified on 12/29/2009 (jar).
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Filing 273
MEMORANDUM OF LAW in Support re: 272 MOTION to Approve First Joint Application of the Receiver, Frandzel Robins Bloom & Cato, L.C. and McKenna Long & Aldridge, LLP for Allowance of Compensation and Reimbursement of Expenses Incurred During the Period February 25, 2009 through May 31, 200. Document filed by Robb Evans & Associates LLC. (Welin, Craig)
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Filing 272
MOTION to Approve First Joint Application of the Receiver, Frandzel Robins Bloom & Cato, L.C. and McKenna Long & Aldridge, LLP for Allowance of Compensation and Reimbursement of Expenses Incurred During the Period February 25, 2009 through May 31, 2009. Document filed by Robb Evans & Associates LLC.(Welin, Craig)
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First Supplemental ROA Sent to USCA (Electronic File). Certified Supplemental Indexed record on Appeal Electronic Files for 249 Endorsed Letter, 267 MOTION To Supplement Record and To Verify Record on Appeal. filed by Commodity Futures Trading Commission, 241 MOTION for Carole Neville and Alan Gilbert of Sonnenschein Nath & Rosenthal LLP to Withdraw as Attorney. filed by Blue Cross and Blue Shield Association National Retirement Trust, 253 Stipulation and Order,,, 254 Order on Motion to Appear Pro Hac Vice, 262 MOTION for Terry W. Tippens to Appear Pro Hac Vice. filed by Oklahoma State University Foundation, 240 MOTION for David John Michalski to Appear Pro Hac Vice. filed by Bowling Green State University, 245 Stipulation and Order, Add and Terminate Attorneys,,,, 257 Endorsed Letter, Set Deadlines/Hearings,, 266 Memorandum of Law in Support of Motion, filed by Commodity Futures Trading Commission, 235 Endorsed Letter, 246 Memo Endorsement, Add and Terminate Attorneys, 259 Memorandum of Law in Opposition to Motion, filed by Commodity Futures Trading Commission, 269 Order, 271 Order, Set Deadlines/Hearings, 244 Order on Motion to Appear Pro Hac Vice, 255 Notice of Appearance filed by Oklahoma State University Foundation, 236 Notice of Appearance filed by Bowling Green State University, 250 Notice (Other) filed by Robb Evans & Associates LLC, 232 Notice of Appearance filed by The Cooper U.S., Inc. (Fixed Income) Master Trust for Defined Benefit Plans, Pension Investment Committee of Cooper Industries Ltd., 261 Endorsed Letter, 238 Notice (Other) filed by Robb Evans & Associates LLC, 230 MOTION for William F. Stute to Appear Pro Hac Vice. filed by Wells Fargo & Co. Master Pension Trust, 237 Endorsed Letter, 242 Declaration in Support of Motion, filed by Blue Cross and Blue Shield Association National Retirement Trust, 268 Memorandum of Law in Support of Motion, filed by Commodity Futures Trading Commission, 252 MOTION for Jeffrey R. Witham to Appear Pro Hac Vice. filed by James L. Carder, 251 Notice of Appearance filed by Stephen Walsh, 231 Reply Memorandum of Law in Support of Motion filed by Janet Walsh, 234 Endorsed Letter,,,,,, 260 Reply Memorandum of Law in Support of Motion filed by Janet Walsh, 258 Notice of Change of Address filed by Laird Norton Tyee Trust Company, 256 Notice of Appearance filed by Carnegie Mellon University, 263 Order on Motion to Appear Pro Hac Vice, 265 MOTION for Order to Show Cause Why Defendant Stephen Walsh Should Not Be Held in Civil Contempt for Violation of the Court's Asset Freeze Orders. filed by Commodity Futures Trading Commission, 233 Order on Motion to Appear Pro Hac Vice, 239 MOTION for Alan S. Kopit to Appear Pro Hac Vice. filed by Bowling Green State University, 243 Order on Motion to Appear Pro Hac Vice, 247 Notice (Other) filed by Robb Evans & Associates LLC, 270 Order on Motion for Order to Show Cause, were transmitted to the U.S. Court of Appeals. (nd)
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Filing 271
MEMO ENDORSEMENT on ORDER [dkt. no. 269]. ENDORSEMENT: Documents being held by the Attorney of record until required by the U.S. Court of Appeals. (Signed by Judge George B. Daniels on 12/16/2009) (jpo) Modified on 12/17/2009 (jpo).
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Filing 270
ORDER TO SHOW CAUSE; denying 265 Motion for Order to Show Cause why defendant Stephen Walsh should not be held in civil contempt of court for violation of this Court's orders. SEC's request for issuance of an order directing defendant Stephen Walsh to turn over funds is also denied.. (Signed by Judge George B. Daniels on 12/14/09) (djc)
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Filing 269
ORDER. Pursuant to Federal Rule of Appellate Procedure 10(e), the docket in this proceeding is supplemented to include the following submissions, orders and transcripts. (Signed by Judge George B. Daniels on 12/14/09) (djc)
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Filing 268
MEMORANDUM OF LAW in Support re: 267 MOTION To Supplement Record and To Verify Record on Appeal.. Document filed by Commodity Futures Trading Commission. (Attachments: # 1 Exhibit May 19 2009 Transcript, # 2 Text of Proposed Order)(Haas, Peter)
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Filing 267
MOTION To Supplement Record and To Verify Record on Appeal. Document filed by Commodity Futures Trading Commission.(Haas, Peter)
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Filing 266
MEMORANDUM OF LAW in Support re: 265 MOTION for Order to Show Cause Why Defendant Stephen Walsh Should Not Be Held in Civil Contempt for Violation of the Court's Asset Freeze Orders.. Document filed by Commodity Futures Trading Commission. (Attachments: # 1 Exhibit Exhibits 1-3, # 2 Affidavit Declaration of Brick Kane, # 3 Text of Proposed Order Proposed Order)(Haas, Peter)
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Filing 265
MOTION for Order to Show Cause Why Defendant Stephen Walsh Should Not Be Held in Civil Contempt for Violation of the Court's Asset Freeze Orders. Document filed by Commodity Futures Trading Commission.(Haas, Peter)
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Filing 264
TRANSCRIPT of proceedings held on November 13, 2009 before Judge George B. Daniels. (mro)
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Filing 263
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: ORDER granting 262 Motion for Terry W. Tippens to Appear Pro Hac Vice for Interested Party Oklahoma State University Foundation. (Signed by Judge George B. Daniels on 12/3/09) (db)
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Transmission to Attorney Admissions Clerk. Transmitted re: 263 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (db)
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CASHIERS OFFICE REMARK on 262 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 11/18/2009, Receipt Number 706450. (jd)
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Filing 261
ENDORSED LETTER addressed to Judge George B. Daniels from Craig A. Welin dated 11/6/09 re: Lead Counsel for Robb Evans & Associates LLC respectfully requests that the Court "So Order" the Receiver's requests as set forth in this letter so that the Receiver can immediately proceed with the sale of the real and personal property owned by the Greenwoods as set forth herein. ENDORSEMENT: IT IS SO ORDERED. (Signed by Judge George B. Daniels on 11/30/09) (tro)
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Filing 262
MOTION for Terry W. Tippens to Appear Pro Hac Vice. Document filed by Oklahoma State University Foundation.(dle)
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Minute Entry for proceedings held before Judge George B. Daniels: Status Conference held on 11/13/2009. Plaintiff Counsel (Peter Haas, JonMarc Buffa, Thomas Smith Jr. and Paul Gizzi) and Defense Counsel (Steven Kessler, Susan Necheles, Leonard Braman, and Justin Sher) present. counsel for the Receiver (Craig Welin) and Intervenor (Anna Fretel) and Counsel for Interested Party (Abby Rudzin) were also present. Court reporter also present. (tro)
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Filing 260
REPLY MEMORANDUM OF LAW in Support re: 223 MOTION for Release of Funds for Emergency Relief by Janet Schaberg.. Document filed by Janet Walsh. (Attachments: # 1 Supplement Car Bill)(Kessler, Steven)
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Filing 259
MEMORANDUM OF LAW in Opposition re: 224 MOTION for Release of Funds Exhibits 12-23 in Support of Emergency Relief Application of Janet Schaberg. Response and Opposition to Second Supplemental Receiver's Report Regarding Relief Defendant Janet Schaberg. Document filed by Commodity Futures Trading Commission. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Haas, Peter)
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Filing 258
NOTICE OF CHANGE OF ADDRESS by James Erik Breitenbucher on behalf of Laird Norton Tyee Trust Company. New Address: Riddell Williams PS, 1001 Fourth Avenue, Suite 4500, Seattle, WA, USA 98154-1192, 206-624-3600. (Breitenbucher, James)
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Filing 257
ENDORSED LETTER addressed to Judge George B. Daniels from Peter M. Haas and Thomas P. Smith dated 10/30/2009 re: Requesting that the Court postpone the November 4, 2009. ENDORSEMENT: The conference is adjourned to November 13, 2009 at 9:45 a.m. (Signed by Judge George B. Daniels on 11/2/2009) (jpo)
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Filing 256
NOTICE OF APPEARANCE by Scott A. Humphries on behalf of Carnegie Mellon University (Humphries, Scott)
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Filing 255
NOTICE OF APPEARANCE by Jed Matthew Weiss on behalf of Oklahoma State University Foundation (Weiss, Jed)
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Set Deadlines/Hearings: Status Conference set for 11/13/2009 at 09:45 AM before Judge George B. Daniels. (jpo)
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Filing 254
ORDER granting 252 Motion for Jeffrey R. Witham to Appear Pro Hac Vice for James L. Carder. (Signed by Judge George B. Daniels on 11/2/2009) (jmi)
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Transmission to Attorney Admissions Clerk. Transmitted re: 254 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (jmi)
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Filing 253
STIPULATION AND ORDER SUBSTITUTING COUNSEL AND AGREED, by and between the undersigned counsel and with the consent of Stephen Walsh that, pursuant to Local Civil Rule 1.4, Justin M. Sher of Sher LLP, 41 Madison Avenue, 41 st Floor, New York, New York 10010, be substituted as counsel for Stephen Walsh in the above-captioned matter in place of Andrew M. Lawler and Sharon D. Feldman, both of Andrew M. Lawler, P.C. The undersigned respectfully submit that substitution is necessary and appropriate at this time because Mr. Walsh has made the voluntary decision to change his counsel. By Order dated August 10, 2009, the Court stayed discovery in this action pending resolution of the parallel criminal case, United States v. Paul Greenwood and Stephen Walsh, No. 09 Cr. 722 (MGC). No trial date has been set in this action, and no new status conferences have been scheduled. (Signed by Judge George B. Daniels on 11/2/2009) (jmi)
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CASHIERS OFFICE REMARK on 252 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 10/26/2009, Receipt Number 704296. (jd)
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Filing 252
MOTION for Jeffrey R. Witham to Appear Pro Hac Vice. Document filed by James L. Carder.(mro)
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Filing 251
NOTICE OF APPEARANCE by Justin M. Sher on behalf of Stephen Walsh (Sher, Justin)
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Filing 250
NOTICE of Second Supplemental Receiver's Report and Recommendation Concerning Relief Defendant Janet Schaberg re: 228 Order,,. Document filed by Robb Evans & Associates LLC. (Attachments: # 1 Certificate of Service)(Welin, Craig)
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Filing 249
ENDORSED LETTER addressed to Judge George B. Daniels from Thomas P. Smith, Jr. dated 10/6/09 re: counsel for Plaintiffs request that each plaintiff be granted 10 business days after the Receiver submits a substantive report and recommendation to respond to Ms. Schaberg's emergency application and the Receiver's report. ENDORSEMENT: So Ordered. (Signed by Judge George B. Daniels on 10/16/09) (pl)
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Filing 248
TRANSCRIPT (DUPLICATE ORIGINAL) of proceedings held on 8/4/09 at 11:05 AM before Judge George B. Daniels. (tp)
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Filing 247
NOTICE of Supplemental Receiver's Report and Recommendation Concerning Relief Defendant Janet Schaberg re: 228 Order,,. Document filed by Robb Evans & Associates LLC. (Attachments: # 1 Certificate of Service)(Welin, Craig)
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Filing 246
MEMO ENDORSEMENT on DECLARATION OF PATRICK COLLINS. ENDORSEMENT: SO ORDERED. (Signed by Judge George B. Daniels on 10/9/09) (tro)
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Filing 245
STIPULATION AND ORDER FOR WITHDRAWAL FROM REPRESENTATION BY CO-COUNSEL FOR RELIEF DEFENDANT JANET SCHABERG, that the firm Farrell Fritz, P.C. may withdraw from its representation of relief defendant Janet Schaberg(f/k/a Janet Walsh ("Schaberg") in the above-referenced action. Farrell Fritz, P.c. hereby withdraws from its representation of Schaberg in the above referenced action and requests that it be removed from the parties' service list. Counsel of record for Schaberg will continue to be Steven L. Kessler. (Signed by Judge George B. Daniels on 10/08/09) (pl) Modified on 10/13/2009 (pl).
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Filing 244
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 239 Motion for Alan S. Kopit to Appear Pro Hac Vice on behalf of Bowling Green State University. (Signed by Judge George B. Daniels on 10/7/09) (djc)
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Filing 243
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 240 Motion for David J. Michalski to Appear Pro Hac Vice on behalf of Bowling Green State University.. (Signed by Judge George B. Daniels on 10/7/09) (djc)
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Transmission to Attorney Admissions Clerk. Transmitted re: 243 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (djc)
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Transmission to Attorney Admissions Clerk. Transmitted re: 244 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (djc)
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Filing 242
DECLARATION of Carole Neville in Support re: 241 MOTION for Carole Neville and Alan Gilbert of Sonnenschein Nath & Rosenthal LLP to Withdraw as Attorney.. Document filed by Blue Cross and Blue Shield Association National Retirement Trust. (Attachments: # 1 Certificate of Service)(Neville, Carole)
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Filing 241
MOTION for Carole Neville and Alan Gilbert of Sonnenschein Nath & Rosenthal LLP to Withdraw as Attorney. Document filed by Blue Cross and Blue Shield Association National Retirement Trust. (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(Neville, Carole)
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CASHIERS OFFICE REMARK on 240 Motion to Appear Pro Hac Vice, 239 Motion to Appear Pro Hac Vice in the amount of $50.00, paid on 09/24/2009, Receipt Number 700576,700577. (jd)
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USCA Case Number 09-3742-cv from the USCA 2nd Circuit assigned to 229 Notice of Appeal filed by Janet Walsh. (tp)
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Filing 238
NOTICE of Receiver's Report and Recommendation Concerning Relief Defendant Janet Schaberg re: 228 Order,,. Document filed by Robb Evans & Associates LLC. (Attachments: # 1 Certificate of Service)(Welin, Craig)
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Filing 240
MOTION for David John Michalski to Appear Pro Hac Vice. Document filed by Bowling Green State University.(mro)
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Filing 239
MOTION for Alan S. Kopit to Appear Pro Hac Vice. Document filed by Bowling Green State University.(mro)
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CASHIERS OFFICE REMARK on 222 Motion to Appear Pro Hac Vice, 221 Motion to Appear Pro Hac Vice in the amount of $50.00, paid on 09/17/2009, Receipt Number 700210. (jd)
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Filing 237
ENDORSED LETTER addressed to Judge George B. Daniels from Craig A. Welin dated 9/16/09 re: Lead Counsel for Robb Evans & Associates, LLC, the Receiver pursuant to various Order issued by Your Honor write to you at this time to request authorization for the Receiver to commence litigation, if necessary, against third parties to recover funds which it has determined are proper assets of the receivership. ENDORSEMENT: IT IS SO ORDERED. (Signed by Judge George B. Daniels on 9/21/09) (tro)
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Filing 236
NOTICE OF APPEARANCE by Andrew Agati on behalf of Bowling Green State University (Agati, Andrew)
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Filing 235
ENDORSED LETTER addressed to Judge George B. Daniels from Craig A. Welin dated 9/10/2009 re: Requesting that the Protective Order be modified to provide that the 45 day period during which investors are required to provide the Receiver with their written distribution proposals will not commence until Receiver sends out a general notice to interested parties advising them that the 45 day period has commenced. ENDORSEMENT: SO ORDERED. (Signed by Judge George B. Daniels on 9/11/2009) (jpo)
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CASHIERS OFFICE REMARK on 230 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 09/02/2009, Receipt Number 698952. (jd)
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Filing 233
ORDER granting 230 Motion for William F. Stute to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 9/10/09) (js)
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Filing 232
NOTICE OF APPEARANCE by Ann M. Cook on behalf of Pension Investment Committee of Cooper Industries Ltd., The Cooper U.S., Inc. (Fixed Income) Master Trust for Defined Benefit Plans (Cook, Ann)
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Transmission to Attorney Admissions Clerk. Transmitted re: 233 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (js)
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Filing 234
ENDORSED LETTER addressed to Judge George B. Daniels from Peter M. Haas and Paul Gizzi dated 9/2/2009 re: We are writing to you on behalf of the U.S. Commodity Futures Trading Commission ("CFTC") and the U.S. Securities and Exchange Commission ("SEC") in the above-captioned matter. On August 24, 2009, relief defendant Janet Walsh (Schaberg) attempted to file via ECF an "Emergency Application for Release of Funds," and apparently hand-delivered a copy of the same to the Court's chambers. According to a transaction entered on the Court's ECF system, Ms, Schaberg's ECF filing was rejected, because the clerk's office does not accept letters for filing. Subsequently, on August 28, 2009, this Court entered an Order referring Relief Defendant Schaberg's Application for Release of Funds to the Receiver and directed the Receiver for examination and review of her claimed expenses, and the availability of alternative funds or third party contributions, and thereafter to submit a report and recommendation within 30 days regarding whether any frozen funds should be used or released, to pay any of Relief Defendant Schaberg's identifiable bills and/or living expenses. The CFTC and SEC respectfully request that the Court allow plaintiffs in the respective cases be permitted to file such a response and opposition, if any, within 10 business days after the issuance of the Receiver's Report and Recommendation. ENDORSEMENT: IT IS SO ORDERED. (Signed by Judge George B. Daniels on 9/9/2009) (jmi)
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Filing 231
REPLY MEMORANDUM OF LAW in Support re: 216 MOTION for Reconsideration re; 205 Order,,,, Notice of Motion for Reconsideration.. Document filed by Janet Walsh. (Kessler, Steven)
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Filing 229
NOTICE OF APPEAL from 228 Order, 220 Order, 205 Order. Document filed by Janet Walsh. Filing fee $ 455.00, receipt number E 698956. (tp)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 229 Notice of Appeal. (tp)
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Transmission of Notice of Appeal to the District Judge re: 229 Notice of Appeal. (tp)
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 36 MOTION for Craig Welin to Appear Pro Hac Vice. filed by Robb Evans & Associates LLC, 35 MOTION for Thomas S. Arthur to Appear Pro Hac Vice. filed by Robb Evans & Associates LLC, 47 Answer to Complaint filed by Stephen Walsh, 53 Notice of Appearance filed by Robb Evans & Associates LLC, 15 Notice of Appearance filed by Paul Greenwood, 9 Memorandum of Law in Opposition to Motion, filed by Janet Walsh, 73 Order on Motion to Intervene, 63 Notice of Appearance filed by Robb Evans & Associates LLC, 77 Order Admitting Attorney Pro Hac Vice, 59 Order Admitting Attorney Pro Hac Vice, 29 Notice of Appearance filed by Paul Greenwood, 55 Rule 7.1 Corporate Disclosure Statement filed by University of Pittsburgh - Of the Commonwealth System of Higher Education, 12 Declaration, filed by Stephen Walsh, 50 Certificate of Service Other filed by San Diego County Employees Retirement Association, 41 Order on Motion to Appear Pro Hac Vice, 66 Response in Opposition to Motion filed by Commodity Futures Trading Commission, 51 Notice of Appearance filed by San Diego County Employees Retirement Association, 44 Memorandum of Law in Support of Motion filed by San Diego County Employees Retirement Association, 82 Notice of Appearance filed by Janet Walsh, 20 Notice of Change of Address filed by Stephen Walsh, 11 Declaration, filed by Paul Greenwood, 25 Notice of Appearance filed by Janet Walsh, 76 Certificate of Service Other filed by San Diego County Employees Retirement Association, 40 Order on Motion to Appear Pro Hac Vice, 23 Order Admitting Attorney Pro Hac Vice, 65 Endorsed Letter, Add and Terminate Attorneys,, 39 Order on Motion to Appear Pro Hac Vice, 60 MOTION for Brooke E. Barber to Appear Pro Hac Vice. filed by University of Pittsburgh - Of the Commonwealth System of Higher Education, 18 Notice of Appearance filed by Paul Greenwood, 85 Order Admitting Attorney Pro Hac Vice, 52 Notice of Appearance filed by Robb Evans & Associates LLC, 86 Notice of Appeal filed by San Diego County Employees Retirement Association, 46 Answer to Complaint filed by Paul Greenwood, 78 Order Admitting Attorney Pro Hac Vice, 30 Order, 64 Notice of Appearance filed by Robb Evans & Associates LLC, 72 Order on Motion to Intervene, 84 FIRST MOTION for Extension of Time for the Receiver to File Its Initial Report to the Court. filed by Commodity Futures Trading Commission, 31 Stipulation and Order, 49 Answer to Complaint filed by Janet Walsh, 74 Order, 42 Reply to Response to Motion, filed by Commodity Futures Trading Commission, 56 Stipulation and Order,, 37 MOTION for Tricia L. Legittino to Appear Pro Hac Vice. filed by Robb Evans & Associates LLC, 27 Notice of Appearance filed by Paul Greenwood, 16 Notice of Appearance filed by Paul Greenwood, 81 Endorsed Letter, 17 Notice of Appearance filed by Stephen Walsh, 32 Notice of Appearance filed by Commodity Futures Trading Commission, 68 Notice (Other) filed by Robb Evans & Associates LLC, 2 Order,,,,,,,,,,, 13 Notice of Appearance filed by Paul Greenwood, 54 MOTION to Intervene. filed by University of Pittsburgh - Of the Commonwealth System of Higher Education, 8 Declaration in Opposition to Motion, filed by Janet Walsh, 10 Memorandum of Law, filed by Stephen Walsh, Paul Greenwood, 28 Notice of Appearance filed by Paul Greenwood, 58 Order Admitting Attorney Pro Hac Vice, 62 MOTION for Michael J. Manzo to Appear Pro Hac Vice. filed by University of Pittsburgh - Of the Commonwealth System of Higher Education, 26 Order Admitting Attorney Pro Hac Vice, 61 MOTION for Charles B. Gibbons to Appear Pro Hac Vice. filed by University of Pittsburgh - Of the Commonwealth System of Higher Education, 33 Response in Opposition to Motion, filed by Janet Walsh, 70 Reply to Response to Motion filed by University of Pittsburgh - Of the Commonwealth System of Higher Education, 19 Reply Memorandum of Law in Oppisition filed by Commodity Futures Trading Commission, 14 Notice of Appearance filed by Paul Greenwood, 75 Reply Memorandum of Law in Support of Motion filed by San Diego County Employees Retirement Association, 22 Notice of Appearance filed by Robb Evans & Associates LLC, 67 Notice (Other) filed by Robb Evans & Associates LLC, 57 Order Admitting Attorney Pro Hac Vice, 21 Notice of Appearance filed by Westridge Capital Management, Inc., 34 Endorsed Letter, Set Deadlines/Hearings,, 48 Notice of Appearance filed by Stephen Walsh, 80 Order on Motion to Appear Pro Hac Vice, 83 Order Admitting Attorney Pro Hac Vice, 7 MOTION Statutory Ex Parte Restraining Order re: 3 MOTION Statutory Ex Parte Restraining Order.. filed by Commodity Futures Trading Commission, 69 Memorandum of Law in Opposition to Motion filed by Commodity Futures Trading Commission, 43 FIRST MOTION to Intervene. filed by San Diego County Employees Retirement Association, 24 Order Admitting Attorney Pro Hac Vice, 71 MOTION for Ames Davis and Jennifer L. Weaver to Appear Pro Hac Vice. filed by San Diego County Employees Retirement Association, 154 MOTION to Approve Order Approving the Receiver's Proposed Claims Administration Procedures. filed by Robb Evans & Associates LLC, 126 Notice (Other) filed by Kaiser Aluminum & Chemical Corporation Asbestos Personal Injury Trust, 96 Notice of Appearance filed by Kern County Employees' Retirement Association, 136 MOTION for John C. Blessington to Appear Pro Hac Vice. filed by Sacramento County Employees' Retirement System, 218 MOTION for Jeffery S. Thompson to Appear Pro Hac Vice. filed by Iowa Public Employees Retirement System, 204 Response in Opposition to Motion, filed by Wells Fargo & Co. Master Pension Trust, 172 Declaration in Support of Motion, filed by Robb Evans & Associates LLC, 89 Order on Motion for Extension of Time, 191 Memorandum of Law filed by Orion Constellation Partners, LLC, Orion Capital Management, LLC, 140 Order on Motion to Appear Pro Hac Vice, 189 Certificate of Service Other filed by Commodity Futures Trading Commission, 117 Order,,, 193 Declaration in Support, filed by Orion Constellation Partners, LLC, Orion Capital Management, LLC, 221 MOTION for Scott A. Humphries to Appear Pro Hac Vice. filed by Carnegie Mellon University, 211 Endorsed Letter, 122 Notice (Other), Notice (Other) filed by University of Pittsburgh - Of the Commonwealth System of Higher Education, 155 Memorandum of Law in Support of Motion filed by Robb Evans & Associates LLC, 104 Notice of Appearance filed by Vulcan Materials Corporation, 142 Endorsed Letter, Set Deadlines/Hearings,, 134 Notice of Appearance filed by Kaiser Aluminum & Chemical Corporation Asbestos Personal Injury Trust, 109 Endorsed Letter, Set Motion and R&R Deadlines/Hearings,,,,,, 183 Declaration filed by Robb Evans & Associates LLC, 170 Notice of Appearance filed by Acument Global Technologies, Inc, 208 MOTION for Philip A. Whistler to Appear Pro Hac Vice. filed by Iowa Public Employees Retirement System, 127 Notice (Other) filed by 3M Company Pension Plans, 116 MOTION for Noel S. Cohen to Appear Pro Hac Vice. filed by Kern County Employees' Retirement Association, 144 MOTION for Preliminary Injunction as to Relief Defendants. filed by Commodity Futures Trading Commission, 168 Response to Motion,,, filed by 3M Company Pension Plans, San Diego County Employees Retirement Association, Blue Cross and Blue Shield Association National Retirement Trust, Sacramento County Employees' Retirement System, North Dakota State Investment Board, Kaiser Aluminum & Chemical Corporation Asbestos Personal Injury Trust, Alexander Dawson Foundation, Alexander Dawson, Inc., 105 Endorsed Letter,, 190 Notice of Appearance filed by CBS Master Trust, 147 Notice (Other) filed by Commodity Futures Trading Commission, 113 Notice of Appearance filed by Sacramento County Employees' Retirement System, 186 Notice of Appearance filed by Laird Norton Tyee Trust Company, 180 Response, filed by Kern County Employees' Retirement Association, 107 Notice (Other) filed by Robb Evans & Associates LLC, 133 Notice of Appearance filed by WG Trading Company L.P., 195 Certificate of Service Other, filed by Blue Cross and Blue Shield Association National Retirement Trust, 164 Notice of Appearance filed by James L. Carder, 197 MOTION to Intervene. filed by USA, 207 Endorsed Letter,, 159 MOTION to Approve Order Approving the Receiver's Proposed Claims Verification Procedures. filed by Robb Evans & Associates LLC, 227 Memorandum of Law in Opposition to Motion filed by Commodity Futures Trading Commission, 171 Reply to Response to Motion,, filed by Robb Evans & Associates LLC, 130 Notice of Appearance filed by Blue Cross and Blue Shield Association National Retirement Trust, 119 Stipulation and Order, 199 Memorandum of Law in Support of Motion filed by USA, 225 Order on Motion to Appear Pro Hac Vice, 87 MOTION to Quash Putative Relief Defendant Janet Walsh nka Janet Schaberg Memorandum of Law in Support of Motion to Quash. filed by Janet Walsh, 152 MOTION to Approve Order Approving the Receiver's Proposed Claims Administration Procedures with proof of service. filed by Robb Evans & Associates LLC, 223 MOTION for Release of Funds for Emergency Relief by Janet Schaberg. filed by Janet Walsh, 162 Notice (Other), Notice (Other) filed by Robb Evans & Associates LLC, 132 Order Admitting Attorney Pro Hac Vice, 97 Notice of Appearance filed by Kern County Employees' Retirement Association, 165 Notice (Other) filed by Kaiser Aluminum & Chemical Corporation Asbestos Personal Injury Trust, 128 Response, filed by Kern County Employees' Retirement Association, 161 Declaration in Support of Motion filed by Robb Evans & Associates LLC, 103 Endorsed Letter, 115 Notice of Appearance filed by Alexander Dawson Foundation, Alexander Dawson, Inc., 129 Stipulation and Order, 198 Affirmation in Support of Motion filed by USA, 226 Order on Motion to Appear Pro Hac Vice, 184 Certificate of Service Other, filed by Robb Evans & Associates LLC, 220 Order,,,,,,, 182 Reply to Response to Motion,, filed by Robb Evans & Associates LLC, 163 Certificate of Service Other, filed by Robb Evans & Associates LLC, 169 Cert
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Filing 230
MOTION for William F. Stute to Appear Pro Hac Vice. Document filed by Wells Fargo & Co. Master Pension Trust.(mro)
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Filing 228
ORDER: Relief Defendant Schaberg'S Emergency Application for the Release of Funds, dated August 24, 2009, is referred to Robb Evans & Associates LLC, the duly appointed receiver ("Receiver") for the above-captioned cases, for examination and review of her claimed expenses, and the availability of alternative funds or third party contributions. The Receiver is to submit, to the Court within 30 days of this order, a report and recommendation regarding whether any frozen funds should be used, or released, to pay any of Relief Defendant Schaberg's identifiable bills and/or living expenses. (Signed by Judge George B. Daniels on 8/26/2009) (jpo)
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Filing 227
MEMORANDUM OF LAW in Opposition re: 216 MOTION for Reconsideration re; 205 Order,,,, Notice of Motion for Reconsideration.. Document filed by Commodity Futures Trading Commission. (Buffa, Jonmarc)
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Filing 226
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: Scott Humphries is admitted to practice pro hac vice as counsel for Carnegie Mellon University in this case in the USDC for the SDNY as further set forth herein. (Signed by Judge George B. Daniels on 8/26/09) (dle)
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Filing 225
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: Kathy D. Patrick is admitted to practice pro hac vice as counsel for Carnegie Mellon University in this case in the USDC for the SDNY as further set forth herein. (Signed by Judge George B. Daniels on 8/26/09) (dle)
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Transmission to Attorney Admissions Clerk. Transmitted re: 225 Order on Motion to Appear Pro Hac Vice, 226 Order on Motion to Appear Pro Hac Vice,, to the Attorney Admissions Clerk for updating of Attorney Information. (dle)
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***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. 223 HAS BEEN REJECTED. Note to Attorney Steven Leigh Kessler : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (db)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Steven Leigh Kessler to Exhibits are not to be filed, they may be attached to file-able documents (i.e. motions, memorandums in support, etc.) Document No. 224 . This document is not filed via ECF. (db)
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Filing 224
FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Release of Funds Exhibits 12-23 in Support of Emergency Relief Application of Janet Schaberg. Document filed by Janet Walsh. (Attachments: # 1 Exhibit Exhibits 15-17 in Support of Emergency Relief Application of Janet Schaberg, # 2 Exhibit Exhibits 18-21 in Support of Emergency Relief Application of Janet Schaberg, # 3 Exhibit Exhibits 22-23 in Support of Emergency Relief Application of Janet Schaberg)(Kessler, Steven) Modified on 8/25/2009 (db).
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Filing 223
FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Release of Funds for Emergency Relief by Janet Schaberg. Document filed by Janet Walsh. (Attachments: # 1 Affidavit Affidavit of Janet Schaberg in Support of Emergency Relief, # 2 Exhibit Exhibit 1 in Support of Emergency Relief Application of Janet Schaberg, # 3 Exhibit Exhibit 2 in Support of Emergency Relief Application of Janet Schaberg, # 4 Exhibit Exhibit 3 in Support of Emergency Relief Application of Janet Schaberg, # 5 Exhibit Exhibits 4-7 in Support of Emergency Relief Application of Janet Schaberg, # 6 Exhibit Exhibit 8in Support of Emergency Relief Application of Janet Schaberg, # 7 Exhibit Exhibit 9 in Support of Emergency Relief Application of Janet Schaberg, # 8 Exhibit Exhibits 10 in Support of Emergency Relief Application of Janet Schaberg, # 9 Exhibit Exhibit 11 in Support of Emergency Relief Application of Janet Schaberg)(Kessler, Steven) Modified on 8/25/2009 (db).
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CASHIERS OFFICE REMARK on 222 Motion to Appear Pro Hac Vice, 221 Motion to Appear Pro Hac Vice in the amount of $50.00, paid on 08/20/2009, Receipt Number 697841. (jd)
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Filing 222
MOTION for Kathy D. Patrick to Appear Pro Hac Vice. Document filed by Carnegie Mellon University.(dle)
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Filing 221
MOTION for Scott A. Humphries to Appear Pro Hac Vice. Document filed by Carnegie Mellon University.(dle)
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Filing 220
PRELIMINARY INJUNCTION AND ORDER FREEZING ASSETS AND GRANTING OTHER RELIEF AGAINST RELIEF DEFENDANTS: Pending a final disposition of this action, the Relief Defendants, and each of their financial and brokerage institutions, officers, agents, servants,employees, attorneys-in-fact and those persons in active concert or participation with them who receive actual notice of such Order by personal service, facsimile service or otherwise, and each of them, hold and retain within their control, and otherwise prevent, any withdrawal, transfer,pledge, encumbrance. assignment. dissipation. concealment or other disposal of the following account held by, or under the control of the Relief Defendants, whether held in her name or for her direct or indirect beneficial interest:(l) For Relief Defendants WG Trading Company LP. Westridge Capital Management Enhancement Funds, Inc., WGI LLC, and K&L Investments the Court's February 25, 2009 Statutory Restraining Order ("SRO") shall continue in full force and effect against these Relief Defendants until further order of the Court. TheseRelief Defendants shall comply fully with all requirements of the SRO. (2) For Relief Defendant Janet Walsh Schaberg the Court's February 25, 2009 Statutory Restraining Order ("SRO") shall continue in full force and effect against her until further order of the Court for the accounts listed in Section (2)A-F. (2) Relief Defendant Janet Walsh Schaberg may not transfer, dispose of or encumber any real property, jewelry, or art she owns or has an ownership interest in, without prior notice to plaintiffs and the Receiver, and prior approval of the Court. (3) Any provisions mandating receivership of Relief Defendant Janet Walsh Schaberg's assets is removed. All other details are as further set forth in said Order. (Signed by Judge George B. Daniels on 8/20/09) (db) Modified on 8/25/2009 (db).
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Filing 219
ORDER ON MOTION TO ADMIT COUNSEL PRO HAC VICE: ORDER granting 218 Motion for Jeffrey S. Thompson to Appear Pro Hac Vice for Iowa Public Employees Retirement System. (Signed by Judge George B. Daniels on 8/20/09) (db)
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Transmission to Attorney Admissions Clerk. Transmitted re: 219 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (db)
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CASHIERS OFFICE REMARK on 218 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 08/18/2009, Receipt Number 697628. (jd)
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Filing 218
MOTION for Jeffrey S. Thompson to Appear Pro Hac Vice. Document filed by Iowa Public Employees Retirement System.(mro)
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Filing 217
MEMORANDUM OF LAW in Support re: 216 MOTION for Reconsideration re; 205 Order,,,, Notice of Motion for Reconsideration.. Document filed by Janet Walsh. (Kessler, Steven)
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Filing 216
MOTION for Reconsideration re; 205 Order,,,, Notice of Motion for Reconsideration. Document filed by Janet Walsh. Return Date set for 9/11/2009 at 09:30 AM.(Kessler, Steven)
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CASHIERS OFFICE REMARK on 208 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 08/06/2009, Receipt Number 696644. (jd)
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CASHIERS OFFICE REMARK on 213 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 08/11/2009, Receipt Number 697014. (jd)
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Filing 214
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: granting 213 Motion for Robert L. Schnell to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 8/17/2009) (jfe)
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Transmission to Attorney Admissions Clerk. Transmitted re: 214 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (jfe)
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Filing 215
TRANSCRIPT of proceedings held on 8/4/09 before Judge George B. Daniels. (dle)
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Filing 213
MOTION for Robert L. Schnell to Appear Pro Hac Vice. Document filed by Wells Fargo & Co. Master Pension Trust.(mbe)
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Filing 212
ORDER ON MOTION TO ADMIT COUNSEL PRO HAC VICE granting 208 Motion for Philip A. Whistler to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 8/11/2009) (jpo)
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Filing 211
ENDORSED LETTER addressed to Judge George B. Daniels from Andrew M. Lawler dated 8/6/2009 re: Requesting that the Court modify its Order to permit Mr. Walsh to open a checking account at the Port Washington branch of Bank of Smithtown for the purposes, and pursuant to the terms and conditions contained in July 20, 2009 Order. ENDORSEMENT: SO ORDERED. (Signed by Judge George B. Daniels on 8/11/2009) (jpo)
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Transmission to Attorney Admissions Clerk. Transmitted re: 212 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (jpo)
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Filing 210
ORDER granting 197 Motion to Intervene. The United States Attorney's' motion to intervene and to stay discovery in this action, pending resolution of the parallel criminal case, United States v. Paul Greenwood and Stephen Walsh, No. 09 cr. 722 (MGC), is granted. (Signed by Judge George B. Daniels on 8/10/09) (tro)
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Filing 208
MOTION for Philip A. Whistler to Appear Pro Hac Vice. Document filed by Iowa Public Employees Retirement System.(mro)
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Filing 209
ORDER GRANTING THE MOTION FOR ORDER APPROVING THE RECEIVER'S PROPOSED CLAIMS ADMINISTRATION PROCEDURES; The Court, having considered the Motion for Order Approving the Receiver's Proposed Claims Administration Procedures ("Motion") filed by the Receiver, Robb Evans & Associates LLC, having considered all other materials and evidence filed in support of the Motion, and for good cause appearing therefor; 1. The Motion is granted. 2. Upon an entry of this Order, the Receiver will immediately send out a notice to all known investors, creditors, and other interested parties informing them of the schedule concerning the claims administration process as set forth in this Order. (Signed by Judge George B. Daniels on 8/5/09) (ae)
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Filing 206
ORDER GRANTING THE MOTION FOR ORDER APPROVING THE RECEIVER'S PROPOSED CLAIMS VERIFICATION PROCEDURES, the Court, having considered the Motion for Order Approving the Receiver's Proposed Claims Verification Procedures ("Motion") filed by the Receiver, Robb Evans & Associates LLC, having considered all other materials and evidence filed in support of the Motion, and for good cause appearing therefor, IT IS HEREBY ORDERED AS FOLLOWS: The Motion is granted. Upon an entry of this Order, the Receiver will immediately send out a notice to all known investors, creditors, and other interested parties informing them of the following schedule concerning the claims verification process. Additional relief as set forth in this Order. (Signed by Judge George B. Daniels on 8/5/09) (pl) Modified on 8/12/2009 (pl).
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Minute Entry for proceedings held before Judge George B. Daniels: Status Conference held on 8/4/2009. Status Conference set for 11/4/2009 at 10:00 AM before Judge George B. Daniels. (tro)
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Filing 205
MEMORANDUM DECISION AND ORDER A preliminary injunction and asset freeze, precluding dissipation of approximately $7,587,544 in specified accounts held by Relief Defendant Schaberg, is warranted under the circumstances. The asset freeze described in the CFTC's proposed preliminary injunction order for relief defendants is hereby amended to include, and is limited to, the following accounts and their balances: (1) Brokerage account, number ending in 392, account balance approximately $465,932; (2) Checking account, number ending in 2509, account balance approximately $396,749; (3) Brokerage account, number ending in 604, account balance approximately $227,199; (4) Brokerage account, number ending AI2, account balance approximately $3,056,242; (5) Orion account, number N/A, account balance approximately $2,506,131; and (6) Annuity/Retirement Account, account balance approximately $935,291. SO ORDERED (Signed by Judge George B. Daniels on 8/4/2009) (jmi)
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Filing 204
RESPONSE in Opposition re: 154 MOTION to Approve Order Approving the Receiver's Proposed Claims Administration Procedures., 159 MOTION to Approve Order Approving the Receiver's Proposed Claims Verification Procedures.. Document filed by Wells Fargo & Co. Master Pension Trust. (Simonson, Leif)
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Filing 203
NOTICE OF APPEARANCE by Leif Thorsten Simonson on behalf of Wells Fargo & Co. Master Pension Trust (Simonson, Leif)
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Filing 207
ENDORSED LETTER addressed to Judge George B. Daniels from Abigail M. Kagle dated 7/30/09 re: We represent the Kern County Employees Retirement Association ("KCERA"), Lead counsel for KCERA. Harvey L. Rochman. who is located in Los Angeles, California, is unable to attend the court conference scheduled Tuesday, August 4, 2009 in person. Therefore, we are writing to request that Your Honor allow Mr. Rochman to participate in the August 4, 2009 conference by telephone. ENDORSEMENT: motion denied. (Signed by Judge George B. Daniels on 7/31/09) (pl) Modified on 8/5/2009 (pl).
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Filing 202
CERTIFICATE OF SERVICE of Joint Response by the Seven WG Trading Company, L.P. Limited Partners to Receiver's Response to Request for Access to Data served on James Clarkson, Noel S. Cohen, Bernard Given and Paul G. Hayeck on 7/31/2009. Service was made by Mail. Document filed by San Diego County Employees Retirement Association, 3M Company Pension Plans, Sacramento County Employees' Retirement System, Alexander Dawson Foundation, Alexander Dawson, Inc., Kaiser Aluminum & Chemical Corporation Asbestos Personal Injury Trust, Blue Cross and Blue Shield Association National Retirement Trust, North Dakota State Investment Board. (Ziegler, Richard)
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Filing 201
JOINT RESPONSE re: 175 Reply to Response to Motion, 182 Reply to Response to Motion,, / Joint Response by the Seven WG Trading Company, L.P. Limited Partners to Receiver's Response to Request for Access to Data. Document filed by San Diego County Employees Retirement Association, 3M Company Pension Plans, Sacramento County Employees' Retirement System, Alexander Dawson Foundation, Alexander Dawson, Inc., Kaiser Aluminum & Chemical Corporation Asbestos Personal Injury Trust, Blue Cross and Blue Shield Association National Retirement Trust, North Dakota State Investment Board. (Attachments: # 1 Appendix A)(Ziegler, Richard)
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Filing 200
CERTIFICATE OF SERVICE. Document filed by USA. (O'Donnell, John)
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Filing 199
MEMORANDUM OF LAW in Support re: 197 MOTION to Intervene.. Document filed by USA. (O'Donnell, John)
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Filing 198
AFFIRMATION of John J. O'Donnell in Support re: 197 MOTION to Intervene.. Document filed by USA. (O'Donnell, John)
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Filing 197
MOTION to Intervene. Document filed by USA.(O'Donnell, John)
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Filing 196
NOTICE OF APPEARANCE by John Jay O'Donnell, Jr on behalf of USA (O'Donnell, John)
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Filing 195
CERTIFICATE OF SERVICE of Notice of Appearance on Behalf of Blue Cross Blue Shield National Retirement Trust served on James Clarkson, Noel S. Cohen, Bernard Given, Paul G. Hayeck on 7/31/2009. Service was made by Mail. Document filed by Blue Cross and Blue Shield Association National Retirement Trust. (Ziegler, Richard)
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Filing 194
NOTICE OF APPEARANCE by Richard Ferdinand Ziegler on behalf of Blue Cross and Blue Shield Association National Retirement Trust (Ziegler, Richard)
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Filing 193
DECLARATION of Barry R. Goldsmith in Support re: 129 Stipulation and Order,. Document filed by Orion Capital Management, LLC, Orion Constellation Partners, LLC. (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)(Zweifach, Lawrence)
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Filing 192
DECLARATION of Peter M. Rup in Support re: 129 Stipulation and Order,. Document filed by Orion Capital Management, LLC, Orion Constellation Partners, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Zweifach, Lawrence)
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Filing 191
MEMORANDUM OF LAW re: 129 Stipulation and Order, granting permission to filed Orion's supporting papers. Document filed by Orion Capital Management, LLC, Orion Constellation Partners, LLC. (Zweifach, Lawrence)
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Filing 190
NOTICE OF APPEARANCE by Rosanne C Baxter on behalf of CBS Master Trust (Baxter, Rosanne)
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Filing 189
CERTIFICATE OF SERVICE of Declaration of Patricia Gomersall on July 24, 2009. Document filed by Commodity Futures Trading Commission. (Buffa, Jonmarc)
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Filing 188
DECLARATION of Patricia Gomersall in Support re: 145 MOTION for Preliminary Injunction and in Support of Proposed Order of Preliminary Injunction as to Relief Defendants.. Document filed by Commodity Futures Trading Commission. (Buffa, Jonmarc)
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Filing 187
NOTICE OF APPEARANCE by Paul J. Hanly, Jr on behalf of Iowa Public Employees Retirement System (Hanly, Paul)
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Filing 186
NOTICE OF APPEARANCE by James Erik Breitenbucher on behalf of Laird Norton Tyee Trust Company (Breitenbucher, James)
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Filing 185
CERTIFICATE OF SERVICE of The Receiver's Joint Reply to the Responses of Qwest, Kern County Employees' Retirement Association, Vulcan Materials, Carnegie Mellon University, and CBS Master Trust to the Receiver's Motions for Orders Approving Proposed Claims Verification and Distribution Procedures; and Declaration of Brick Kane in Support of Joint Reply served on All Parties on July 22, 2009. Service was made by Mail and CM/ECF. Document filed by Robb Evans & Associates LLC. (Welin, Craig)
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Filing 184
CERTIFICATE OF SERVICE of The Receiver's Joint Reply to the Responses of Qwest, Kern County Employees' Retirement Association, Vulcan Materials, Carnegie Mellon University, and CBS Master Trust to the Receiver's Motions for Orders Approving Proposed Claims Verification and Distribution Procedures served on All Parties on July 22, 2009. Service was made by Mail and CM/ECF. Document filed by Robb Evans & Associates LLC. (Welin, Craig)
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Filing 183
DECLARATION of Brick Kane re: 182 Reply to Response to Motion,, (in Support of Joint Motion). Document filed by Robb Evans & Associates LLC. (Welin, Craig)
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Filing 182
REPLY to Response to Motion re: 154 MOTION to Approve Order Approving the Receiver's Proposed Claims Administration Procedures., 159 MOTION to Approve Order Approving the Receiver's Proposed Claims Verification Procedures. /The Receiver's Joint Reply to the Responses of Qwest, Kern County Employees' Retirement Association, Vulcan Materials, Carnegie Mellon University, and CBS Master Trust to the Receiver's Motions for Orders Approving Proposed Claims Verification and Distribution Procedures. Document filed by Robb Evans & Associates LLC. (Welin, Craig)
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Filing 181
ENDORSED LETTER addressed to Judge George B. Daniels from Andrew M. Lawler dated 7/16/09 re: counsel for Defendant Stephen Walsh writes to the court requesting that the Court enter an order: (1) permitting Mr. Walsh (a) to open a checking account at the State Bank of Long Island that is not subject to the Restraining Order; (b) to deposit into the State Bank of Long Island account the monthly checks he receives from the Social Security Administration, and (c) to use the proceeds of those checks to pay for reasonable and ordinary living expenses, including groceries, household items, toiletries, prescription drugs, transportation, and medical and dental bills that are not covered by Medicare; (2) directing that, to the extent any funds remain at the end of each month, Mr. Walsh pay the monthly utilities bills for his residence at 7 HalfMoon Lane, Sands Point, New York, (3) directing that Mr. Walsh obtain Court approval, with prior notice to the CFTC, SEC, and Receiver, before he enters into any loans or makes any future deposits (other than of Social Security benefits) into the State Bank of Long Island account; (4) directing that Mr. Walsh work with the Receiver (a) to set up, and once established to comply With, an efficient procedure for obtaining prior approval to withdraw any proceeds for reasonable and ordinary living expenses; and (b) to create a mechanism for Mr. Walsh to pay the monthly utilities bills for his residence at 7 HalfMoon Lane, Sands Point, New York. ENDORSEMENT: So Ordered. (Signed by Judge Barbara S. Jones on 7/20/09) (pl) Modified on 7/23/2009 (pl).
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Filing 180
RESPONSE to: (1) the Receiver's Motion for Order Approving the Receiver's Proposed Claims Verification Procedures; and (2) the Receiver's Motion for Order Approving of Claims Administration Procedures. Document filed by Kern County Employees' Retirement Association. (Kagle, Abigail)
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Filing 179
NOTICE of Proposed Order re: 178 Response to Motion,. Document filed by Vulcan Materials Corporation. (Regan, Shawn)
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Filing 178
RESPONSE to Motion re: 154 MOTION to Approve Order Approving the Receiver's Proposed Claims Administration Procedures. Response of Vulcan Materials Company and Carnegie Mellon University to Receiver's Motion for Approval of Claims Administration Procedures. Document filed by Vulcan Materials Corporation. (Regan, Shawn)
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Filing 177
RESPONSE to Motion re: 154 MOTION to Approve Order Approving the Receiver's Proposed Claims Administration Procedures., 159 MOTION to Approve Order Approving the Receiver's Proposed Claims Verification Procedures.. Document filed by CBS Master Trust. (Hume, Hamish)
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Filing 176
DECLARATION of Brick Kane re: 175 Reply to Response to Motion, (In Support of Joint Reply). Document filed by Robb Evans & Associates LLC. (Welin, Craig)
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Filing 175
REPLY to Response to Motion re: 154 MOTION to Approve Order Approving the Receiver's Proposed Claims Administration Procedures., 159 MOTION to Approve Order Approving the Receiver's Proposed Claims Verification Procedures. /The Receiver's Joint Reply to the Requests for Access to Data Made by the University of Pittsburgh and The Seven WG Trading Company, L.P. Limited Partners. Document filed by Robb Evans & Associates LLC. (Welin, Craig)
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Filing 174
RESPONSE to Motion re: 154 MOTION to Approve Order Approving the Receiver's Proposed Claims Administration Procedures., 159 MOTION to Approve Order Approving the Receiver's Proposed Claims Verification Procedures.. Document filed by Qwest Asset Management Company, Qwest Pension Trust. (Rudzin, Abby)
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Filing 173
CERTIFICATE OF SERVICE of The Receiver's Joint Reply to the Requests for Access to Data Made by the University of Pittsburgh and The Seven WG Trading Company, L.P. Limited Partners and the Declaration of Brick Kane in Support of Joint Reply served on All Parties on July 14, 2009. Service was made by Mail and CM/ECF. Document filed by Robb Evans & Associates LLC. (Welin, Craig)
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Filing 172
DECLARATION of Brick Kane in Support of Joint Reply to Response (Docket #171) in Support re: 166 MOTION for Leave to File Reply and Objection to Motions for Orders Approving the Receiver's Proposed Claims Administration Procedures and Proposed Claims Verification Procedures.. Document filed by Robb Evans & Associates LLC. (Welin, Craig)
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Filing 171
FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - REPLY to Response to Motion re: 166 MOTION for Leave to File Reply and Objection to Motions for Orders Approving the Receiver's Proposed Claims Administration Procedures and Proposed Claims Verification Procedures. The Receiver's Joint Reply to the Requests for Access to Data Made by the University of Pittsburgh and The Seven WG Trading Company, L.P. Limited Partners. Document filed by Robb Evans & Associates LLC. (Welin, Craig) Modified on 7/15/2009 (KA).
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Filing 170
NOTICE OF APPEARANCE by Keith William Miller on behalf of Acument Global Technologies, Inc (Miller, Keith)
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Filing 169
CERTIFICATE OF SERVICE of Joint Response by the Seven WG Trading Company, L.P. Limited Partners to Receiver's Motion for Order Approving the Receiver's Proposed Claims Administration Procedures and Request for Access to Data served on James Clarkson, Noel S. Cohen, Bernard Given, and Paul G. Hayeck on July 7, 2009. Service was made by Mail. Document filed by San Diego County Employees Retirement Association, 3M Company Pension Plans, Sacramento County Employees' Retirement System, Alexander Dawson Foundation, Alexander Dawson, Inc., Kaiser Aluminum & Chemical Corporation Asbestos Personal Injury Trust, Blue Cross and Blue Shield Association National Retirement Trust, North Dakota State Investment Board. (Ziegler, Richard)
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Filing 168
RESPONSE to Motion re: 154 MOTION to Approve Order Approving the Receiver's Proposed Claims Administration Procedures. / Joint Response by the Seven WG Trading Company, L.P. Limited Partners to Receiver's Motion for Order Approving the Receiver's Proposed Claims Administration Procedures and Request for Access to Data. Document filed by North Dakota State Investment Board, San Diego County Employees Retirement Association, 3M Company Pension Plans, Sacramento County Employees' Retirement System, Alexander Dawson Foundation, Alexander Dawson, Inc., Kaiser Aluminum & Chemical Corporation Asbestos Personal Injury Trust, Blue Cross and Blue Shield Association National Retirement Trust. (Attachments: # 1 Appendix A)(Ziegler, Richard)
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Filing 167
MEMORANDUM OF LAW in Support re: 166 MOTION for Leave to File Reply and Objection to Motions for Orders Approving the Receiver's Proposed Claims Administration Procedures and Proposed Claims Verification Procedures.. Document filed by University of Pittsburgh - Of the Commonwealth System of Higher Education. (Gibbons, Charles)
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Filing 166
MOTION for Leave to File Reply and Objection to Motions for Orders Approving the Receiver's Proposed Claims Administration Procedures and Proposed Claims Verification Procedures. Document filed by University of Pittsburgh - Of the Commonwealth System of Higher Education. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order, # 3 Certificate of Service)(Gibbons, Charles)
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Filing 165
NOTICE of Notice of Appearance of Frances Gecker on behalf of the Kaiser Aluminum & Chemical Corporation Asbestos Personal Injury Trust. Document filed by Kaiser Aluminum & Chemical Corporation Asbestos Personal Injury Trust. (Frank, Joseph)
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Filing 164
NOTICE OF APPEARANCE by John Paul Flynn on behalf of James L. Carder (Flynn, John)
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Filing 163
CERTIFICATE OF SERVICE of Motion for Order Approving the Receiver's Proposed Claims Verification Procedures; Memorandum of Law and Declaration of Brick Kane in Support of Motion and Proposed Order served on All Parties on July 1, 2009. Service was made by Mail and CM/ECF. Document filed by Robb Evans & Associates LLC. (Welin, Craig)
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Filing 162
NOTICE of [Proposed] Order Granting the Motion for Order Approving the Receiver's Proposed Claims Verification Procedures re: 160 Memorandum of Law in Support of Motion, 159 MOTION to Approve Order Approving the Receiver's Proposed Claims Verification Procedures., 161 Declaration in Support of Motion. Document filed by Robb Evans & Associates LLC. (Welin, Craig)
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Filing 161
DECLARATION of Brick Kane in Support re: 159 MOTION to Approve Order Approving the Receiver's Proposed Claims Verification Procedures.. Document filed by Robb Evans & Associates LLC. (Welin, Craig)
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Filing 160
MEMORANDUM OF LAW in Support re: 159 MOTION to Approve Order Approving the Receiver's Proposed Claims Verification Procedures.. Document filed by Robb Evans & Associates LLC. (Welin, Craig)
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Filing 159
MOTION to Approve Order Approving the Receiver's Proposed Claims Verification Procedures. Document filed by Robb Evans & Associates LLC.(Welin, Craig)
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Filing 158
CERTIFICATE OF SERVICE of Motion for Order Approving the Receiver's Proposed Claims Administration Procedures; Memorandum of Law and Declaration of Brick Kane in Support of Motion and Proposed Order served on All Parties on July 1, 2009. Service was made by Mail and CM/ECF. Document filed by Robb Evans & Associates LLC. (Welin, Craig)
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Filing 157
NOTICE of [Proposed] Order Granting the Motion for Order Approving the Receiver's Proposed Claims Administration Procedures re: 154 MOTION to Approve Order Approving the Receiver's Proposed Claims Administration Procedures., 155 Memorandum of Law in Support of Motion, 156 Declaration in Support of Motion. Document filed by Robb Evans & Associates LLC. (Welin, Craig)
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Filing 156
DECLARATION of Brick Kane in Support re: 154 MOTION to Approve Order Approving the Receiver's Proposed Claims Administration Procedures.. Document filed by Robb Evans & Associates LLC. (Welin, Craig)
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Filing 155
MEMORANDUM OF LAW in Support re: 154 MOTION to Approve Order Approving the Receiver's Proposed Claims Administration Procedures.. Document filed by Robb Evans & Associates LLC. (Welin, Craig)
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Filing 154
MOTION to Approve Order Approving the Receiver's Proposed Claims Administration Procedures. Document filed by Robb Evans & Associates LLC.(Welin, Craig)
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CASHIERS OFFICE REMARK on 136 Motion to Appear Pro Hac Vice, 138 Motion to Appear Pro Hac Vice, 137 Motion to Appear Pro Hac Vice in the amount of $75.00, paid on 06/10/2009, Receipt Number 690554. (jd)
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CASHIERS OFFICE REMARK on 116 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 06/15/2009, Receipt Number 690959. (jd)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Craig A. Welin to RE-FILE Document 152 MOTION to Approve Order Approving the Receiver's Proposed Claims Administration Procedures with proof of service. 153 MOTION to Approve Order Approving the Receiver's Proposed Claims Verification Procedures with proof of service. ERROR(S): Supporting Document must be filed separately (i.e. The Memorandum of Law and Declaration of Law in Support of Motion to be filed individually). Be sure that each individually filed document has the Correct case caption and case number. ***REMINDER*** - First Re-File the Motion, then file and link any supporting documents. (db)
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Filing 153
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Approve Order Approving the Receiver's Proposed Claims Verification Procedures with proof of service. Document filed by Robb Evans & Associates LLC. (Attachments: # 1 Proposed Order Granting the Motion for Order Approving the Receiver's Proposed Claims Verification Procedures with proof of service)(Welin, Craig) Modified on 7/1/2009 (db).
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Filing 152
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Approve Order Approving the Receiver's Proposed Claims Administration Procedures with proof of service. Document filed by Robb Evans & Associates LLC. (Attachments: # 1 Proposed Order Granting the Motion for Order Approving the Receiver's Proposed Claims Administration Procedures with proof of service)(Welin, Craig) Modified on 7/1/2009 (db).
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Filing 151
NOTICE of The Receiver's Statement of Position Concerning the Submissions by the Proposed Intervenors and Other Related Parties with proof of service. Document filed by Robb Evans & Associates LLC. (Welin, Craig)
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CASHIERS OFFICE REMARK on 132 Order Admitting Attorney Pro Hac Vice in the amount of $25.00, paid on 06/09/2009, Receipt Number 690463. (jd)
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Filing 150
ORDER: The conference before this Court, previously scheduled for 7/28/2009 is adjourned to 8/4/2009 at 10:00 AM. (Signed by Judge George B. Daniels on 6/29/2009) (jar)
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Filing 149
ENDORSED LETTER addressed to Judge George B. Daniels from Craig A. Welin dated 6/17/2009 re: The Receiver respectfully request that the Court "So Order" the Receiver's request as set forth in this letter so that the Receiver can immediately proceed to abandon the premises and liquidate the remaining office equipment and furniture as set forth herein. ENDORSEMENT: So Ordered. (Signed by Judge George B. Daniels on 6/22/2009) (jfe)
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Filing 148
NOTICE of Unavailability of CFTC Trial Counsel. Document filed by Commodity Futures Trading Commission. (Buffa, Jonmarc)
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Filing 147
NOTICE of CFTC's Response to Interested Parties Submissions re: 107 Notice (Other), 110 Notice (Other), Notice (Other). Document filed by Commodity Futures Trading Commission. (Buffa, Jonmarc)
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Filing 146
MEMORANDUM OF LAW in Support re: 145 MOTION for Preliminary Injunction and in Support of Proposed Order of Preliminary Injunction as to Relief Defendants.. Document filed by Commodity Futures Trading Commission. (Attachments: # 1 Exhibit CFTC's Proposed Preliminary Injunction as to Relief Defendants, # 2 Exhibit Excerpts of J. Walsh Deposition, # 3 Affidavit Declaration of Kyong J. Koh)(Haas, Peter)
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Filing 145
MOTION for Preliminary Injunction and in Support of Proposed Order of Preliminary Injunction as to Relief Defendants. Document filed by Commodity Futures Trading Commission.(Haas, Peter)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Jonmarc P. Buffa to RE-FILE Document 144 MOTION for Preliminary Injunction as to Relief Defendants. Use the event type Memorandum of Law in Support of Motion found under the event list Replies, Opposition and Supporting Documents. ***REMINDER*** - NO MOTION WAS FILED. Before Re-Fileing the Memoranum of Law in Support, you must first file a Motion for Preliminary Injunction. (db)
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Filing 144
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Preliminary Injunction as to Relief Defendants. Document filed by Commodity Futures Trading Commission. (Attachments: # 1 Exhibit CFTC's Proposed Preliminary Injunction as to Relief Defendants, # 2 Exhibit Deposition Excerpts of Ms. Janet Walsh, # 3 Affidavit Declaration of Kyong J. Koh)(Buffa, Jonmarc) Modified on 6/15/2009 (db).
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Filing 143
RESPONSE re: 127 Notice (Other) UNIVERSITY OF PITTSBURGH'S SUBMISSION TO RECEIVER IN REPLY TO JOINT SUBMISSION OF INFORMATION BY SEVEN WG TRADING COMPANY, L.P. LIMITED PARTNERS. Document filed by University of Pittsburgh - Of the Commonwealth System of Higher Education. (Manzo, Michael)
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CASHIERS OFFICE REMARK on 131 Order on Motion to Appear Pro Hac Vice, 120 Order on Motion to Appear Pro Hac Vice in the amount of $50.00, paid on 5/21/09, Receipt Number 688869. (Quintero, Marcos)
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Filing 142
ENDORSED LETTER addressed to Judge George B. Daniels from Michael J. Manzo dated 6/5/2009 re: Requesting permission to comment on the Joint Submission by Seven Limited Partners of WG Trading Company, L.P. ENDORSEMENT: SO ORDERED. (Signed by Judge George B. Daniels on 6/9/2009) (jpo)
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Filing 141
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: granting 137 Motion for Robert W. Sparkes, III to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 6/9/2009) (jfe)
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Filing 140
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: granting 138 Motion for Michael D. Ricciuti to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 6/9/2009) (jfe)
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Filing 139
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: granting 136 Motion for John C. Blessington to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 6/9/2009) (jfe)
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Transmission to Attorney Admissions Clerk. Transmitted re: 141 Order on Motion to Appear Pro Hac Vice, 140 Order on Motion to Appear Pro Hac Vice, 139 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (jfe)
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Filing 135
NOTICE OF APPEARANCE by Sharon D. Feldman on behalf of Stephen Walsh (Attachments: # 1 Certificate of Service)(Feldman, Sharon)
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Filing 134
NOTICE OF APPEARANCE by Kimberly Klein on behalf of Kaiser Aluminum & Chemical Corporation Asbestos Personal Injury Trust (Klein, Kimberly)
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Filing 133
FILING ERROR - WRONG PARTY WAS SELECTED FROM THE MENU - (SEE DOCUMENT # 134) - NOTICE OF APPEARANCE by Kimberly Klein on behalf of WG Trading Company L.P. (Klein, Kimberly) Modified on 6/17/2009 (gp).
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Filing 132
ORDER FOR ADMISSION PRO HAC VICE OF NON-RESIDENT COUNSEL: Attorney Matthew W. Close for Qwest Asset Management Company and Qwest Pension Trust admitted Pro Hac Vice. (Signed by Judge George B. Daniels on 6/4/2009) (jfe)
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Filing 131
ORDER GRANTING ADMISSION PRO HAC VICE ON WRITTEN MOTION: granting 116 Motion for Noel S. Cohen to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 6/4/2009) (jfe)
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Filing 130
NOTICE OF APPEARANCE by Carole Neville on behalf of Blue Cross and Blue Shield Association National Retirement Trust (Neville, Carole)
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Transmission to Attorney Admissions Clerk. Transmitted re: 132 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (jfe)
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Transmission to Attorney Admissions Clerk. Transmitted re: 131 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (jfe)
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Filing 138
MOTION for Michael D. Ricciuti to Appear Pro Hac Vice. Document filed by Sacramento County Employees' Retirement System.(tro)
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Filing 137
MOTION for Robert W. Sparkes, III to Appear Pro Hac Vice. Document filed by Sacramento County Employees' Retirement System.(tro)
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Filing 136
MOTION for John C. Blessington to Appear Pro Hac Vice. Document filed by Sacramento County Employees' Retirement System.(tro) *Also Filed in civil case no. 09cv1750.
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Filing 129
STIPULATION AND ORDER, it is hereby ordered that JPMorgan Chase & Co is authorized to release Orion's JPMorgan accounts. It is further Ordered that the papers submitted in support of Orion's motion as well as this Stipulation and Order shall be filed on the ECF docket for the above-captioned matters. (Signed by Judge George B. Daniels on 5/29/09) (cd)
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Filing 128
RESPONSE -- Submission Pursuant to the Court's May 19, 2009 Request and the Receiver's Notice to Proposed Intervenors. Document filed by Kern County Employees' Retirement Association. (Attachments: # 1 Certificate of Service)(Blum, Ronald)
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Filing 127
NOTICE of Of Joint Submission Of Information By Seven WG Trading Company, L.P. Limited Partners re: 108 Preliminary Injunction,,, 105 Endorsed Letter,,. Document filed by 3M Company Pension Plans. (Ziegler, Richard)
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Filing 126
NOTICE of Amended Notice of Appearance re: 124 Notice of Appearance. Document filed by Kaiser Aluminum & Chemical Corporation Asbestos Personal Injury Trust. (Frank, Joseph)
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Filing 125
RESPONSE re: 107 Notice (Other) / Vulcan Materials Company's Response to Notice to Proposed Intervenors. Document filed by Vulcan Materials Corporation. (Regan, Shawn)
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Filing 124
NOTICE OF APPEARANCE by Joseph D. Frank on behalf of Kaiser Aluminum & Chemical Corporation Asbestos Personal Injury Trust (Frank, Joseph)
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Filing 123
CERTIFICATE OF SERVICE of University of Pittsburgh's Submission to Receiver in Support of its Claim that Certain University Funds are Not Part of the Receivership Estate served on Receiver and All Parties on June 1, 2009. Service was made by MAIL and CM/ECF. Document filed by University of Pittsburgh - Of the Commonwealth System of Higher Education. (Gibbons, Charles)
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Filing 122
NOTICE of University of Pittsburgh's Submission to Receiver in Support of its Claim That Certain University Funds are Not Part of the Receivership Estate. Document filed by University of Pittsburgh - Of the Commonwealth System of Higher Education. (Attachments: # 1 Exhibit Attachment 1)(Gibbons, Charles)
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Filing 121
NOTICE OF APPEARANCE by Steven E. Fineman on behalf of Carnegie Mellon University (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Certificate of Service)(Fineman, Steven)
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Filing 120
ORDER GRANTING ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 112 Motion for Harvey Rochman to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 6/1/2009) (jpo)
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Filing 119
STIPULATION AND ORDER: Accordingly it is hereby ordered that JPMorgan Chase & Co. is authorized to release Orion's JPMorgan accounts. It is further ordered that the papers submitted in support of Orion's motion as well as well as this stipulation and order shall be filed on the ECF docket for the above captioned matters. (Signed by Judge George B. Daniels on 5/29/2009) (jpo) (Additional attachment(s) added on 6/2/2009: # 1 Stipulation and Order w/ Exhibits) (ae).
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Transmission to Attorney Admissions Clerk. Transmitted re: 120 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (jpo)
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Filing 118
NOTICE OF APPEARANCE by Abby Faith Rudzin on behalf of Qwest Asset Management Company, Qwest Pension Trust (Rudzin, Abby)
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Filing 117
ORDER: Relief Defendant Janet (Walsh) Schaberg is ordered to provide the Commodity Futures Trading Commission with all requested discovery, including a full accounting, and make herself available for a deposition, all to be completed by June 12, 2009. If discovery is not completed by June 12, 2009, this Court will issue the order of preliminary injunction proposed by the Commodity Futures Trading Commission. If the full accounting is timely provided to the Commodity Futures Trading Commission the Court will issue a preliminary injunction order consistent with the Securities Exchange Commission's order of preliminary injunction for relief defendants, unless the Commodity Futures Trading Commission provides the Court with sufficient evidence indicating that specific funds held in identified accounts are the fruits of the Defendants' alleged fraud, and are properly subject to an ultimate order of disgorgement. (Signed by Judge George B. Daniels on 5/29/2009) (jfe)
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Filing 115
NOTICE OF APPEARANCE by Joel Alan Blanchet on behalf of Alexander Dawson Foundation, Alexander Dawson, Inc. (Blanchet, Joel)
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Filing 114
NOTICE OF APPEARANCE by Maria Ginzburg on behalf of Alexander Dawson Foundation, Alexander Dawson, Inc. (Ginzburg, Maria)
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Set/Reset Deadlines: Deposition due by 6/12/2009. Discovery due by 6/12/2009. (jfe)
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Filing 113
NOTICE OF APPEARANCE by Sarah Peck Kenney on behalf of Sacramento County Employees' Retirement System (Attachments: # 1 Certificate of Service)(Kenney, Sarah)
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Filing 111
ENDORSED LETTER addressed to Judge George B. Daniels from Lawerence J. Zweifach dated 5/27/2009 re: upon the Court "So Ordering: this letter, Orion will move to cancel the hearing and withdraws its pending motion. ENDORSEMENT: So Ordered. (Signed by Judge George B. Daniels on 5/27/2009) (jfe)
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Filing 110
NOTICE of Report of Temporary Receiver's Activities for the Period from February 25, 2009 Through May 22, 2009. Document filed by Robb Evans & Associates LLC. (Attachments: # 1 Tabs 1 Through 23, # 2 Tabs 24 (Part 1 of 2), # 3 Tabs 24 (Part 2 of 2) Through 28, # 4 Tabs 29 Through 34, # 5 Tab 35 (Part 1 of 2), # 6 Tabs 35 (Part 2 of 2) Through 38, # 7 Proof of Service)(Welin, Craig)
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USCA Case Number 09-1785-cv from the USCA 2nd Circuit assigned to 86 Notice of Appeal filed by San Diego County Employees Retirement Association. (tp)
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Filing 109
ENDORSED LETTER addressed to Judge George B. Daniels from Lawrence J. Zweifach dated 5/22/09 re: Counsel write to notify the Court that Orion has engaged in further discussions with the CFTC, SEC, and the temporary equity receiver, Robb Evans & Associates, LLC in an effort to reach a negotiated resolution of Orion's claim that SRO has been misapplied to improperly freeze its JPMorgan bank accounts. Though a resolution is far from certain, all sides wish to continue the settlement discussions on Tuesday, May 26. As an accommodation, counsel respectfully requests the Court's permission to modify the briefing schedule, such that the CFTC's and SEC's responsive papers must be submitted on Wednesday, 5/27/09. ENDORSEMENT: MOTION GRANTED. (Signed by Judge George B. Daniels on 5/26/09) (tro)
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Filing 116
MOTION for Noel S. Cohen to Appear Pro Hac Vice. Document filed by Kern County Employees' Retirement Association.(dle)
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Filing 112
MOTION for Harvey Rochman to Appear Pro Hac Vice. Document filed by Kern County Employees' Retirement Association.(dle)
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Filing 108
ORDER OF PRELIMINARY INJUNCTION AGAINST DEFENDANTS: This is a proper case for granting a preliminary injunction to preserve that status quo, protect public customers from further loss and damage, and enable the Commission to fulfill its statutory duties, the Court enters this Order as further set forth herein. The Court's 2/25/09 Statutory Restraining Order shall continue in full force and effect against Defendants until further order of the Court. The Receiver appointed under this court's SRO shall continue to serve as Receiver in this proceeding with all the duties and powers set forth in the SRO. Pursuant to the SRO, Defendants, and all other persons or entities served with copy of the SRO shall cooperate fully with and assist the Receiver. (Signed by Judge George B. Daniels on 5/21/09) (tro)
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Filing 107
NOTICE of to Proposed Intervenors of Briefing Schedule with proof of service. Document filed by Robb Evans & Associates LLC. (Arthur, Thomas)
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Filing 106
NOTICE OF APPEARANCE by Richard Ferdinand Ziegler on behalf of 3M Company Pension Plans (Ziegler, Richard)
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Minute Entry for proceedings held before Judge George B. Daniels: Conference held on 5/19/2009. Subsequent Conference set for 7/28/2009 at 10:00 AM before Judge George B. Daniels. (mro)
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Filing 105
ENDORSED LETTER addressed to Judge George B. Daniels from Ronald G. Blum dated 4/7/2009 re: KCERA respectfully requests that the Court deny all investor requests to modify the restraining order, and instead maintain the injunction prohibiting dissipation of assets by the defendants and relief defendants in these actions, until the Receiver has reported and the Court has an opportunity to hear the arguments of all interested parties regarding the distribution of assets and related matters. ENDORSEMENT: Motion Denied. So Ordered. (Signed by Judge George B. Daniels on 5/19/2009) (jfe)
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Filing 104
NOTICE OF APPEARANCE by Shawn Patrick Regan on behalf of Vulcan Materials Corporation (Regan, Shawn)
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Filing 103
ENDORSED LETTER addressed to Judge George B. Daniels from Lawrence J. Zweifach dated 5/4/2009 re: Orion respectfully renews its request for an expedited pre-motion conference with the Court, the Regulators and the Receiver. Counsel advised the Court in their April 29, 2009 letter that they are preparing motion papers to file expeditiously following such conference. ENDORSEMENT: Motion Denied. So Ordered. (Signed by Judge George B. Daniels on 5/18/2009) (jfe)
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Filing 102
ENDORSED LETTER addressed to Judge George B. Daniels from Jointly Peter M. Kelly and Carole Neville dated 5/4/09 re: Counsel write the Court at this time to request that any consideration of whether the assets backing their capital interests in the WGTC assets should be available to recompense WGTI investors, and any others who may suffered losses due to other defendants' alleged misdeeds, be deferred until all the facts are known. ENDORSEMENT: MOTION DENIED. (Signed by Judge George B. Daniels on 5/18/09) (tro)
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Filing 101
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 95 Motion for Bernard R. Given II to Appear Pro Hac Vice. Bernard R. Given II is admitted to practice pro hac vice as counsel for Robb Evans in this action. (Signed by Judge George B. Daniels on 5/18/09) (tro)
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Filing 100
RESPONSE in Support re: 90 MOTION to Quash Relief Defendant Janet Walsh nka Janet Schaberg Motion to Quash. Proposed Order in Support of Motion to Quash. Document filed by Janet Walsh. (Kessler, Steven)
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Filing 99
REPLY MEMORANDUM OF LAW in Support re: 90 MOTION to Quash Relief Defendant Janet Walsh nka Janet Schaberg Motion to Quash.. Document filed by Janet Walsh. (Kessler, Steven)
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Transmission to Attorney Admissions Clerk. Transmitted re: 101 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (tro)
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Filing 98
NOTICE OF APPEARANCE by Hamish P.M. Hume on behalf of CBS Master Trust (Hume, Hamish)
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CASHIERS OFFICE REMARK on 95 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 05/08/2009, Receipt Number 687886. (jd)
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Filing 97
NOTICE OF APPEARANCE by Abigail Max Kagle on behalf of Kern County Employees' Retirement Association (Kagle, Abigail)
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Filing 96
NOTICE OF APPEARANCE by Ronald Gustav Blum on behalf of Kern County Employees' Retirement Association (Blum, Ronald)
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Filing 95
MOTION for Bernard R. Given II to Appear Pro Hac Vice. Document filed by Robb Evans & Associates LLC.(dle)
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Filing 94
MEMORANDUM OF LAW in Opposition re: 90 MOTION to Quash Relief Defendant Janet Walsh nka Janet Schaberg Motion to Quash.. Document filed by Commodity Futures Trading Commission. (Haas, Peter)
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Filing 93
NOTICE OF APPEARANCE by Patrick L. Robson on behalf of Vulcan Materials Corporation (Robson, Patrick)
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Filing 92
DECLARATION of Steven L Kessler, Esq in Support re: 90 MOTION to Quash Relief Defendant Janet Walsh nka Janet Schaberg Motion to Quash.. Document filed by Janet Walsh. (Attachments: # 1 Exhibit Documents plaintiff served on Janet Schaberg regarding plaintiff's subpoenas, # 2 Exhibit Letters to financial institutions on behalf of Relief Defendant Janet Schaberg, # 3 Exhibit 4.17.09 letter from plaintiff to Court with attachment)(Kessler, Steven)
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Filing 91
MEMORANDUM OF LAW in Support re: 90 MOTION to Quash Relief Defendant Janet Walsh nka Janet Schaberg Motion to Quash.. Document filed by Janet Walsh. (Kessler, Steven)
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Filing 90
MOTION to Quash Relief Defendant Janet Walsh nka Janet Schaberg Motion to Quash. Document filed by Janet Walsh. Return Date set for 5/19/2009 at 10:00 AM.(Kessler, Steven)
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Filing 89
ORDER granting 84 Motion for Extension of Time. (Signed by Judge George B. Daniels on 4/29/2009) (jmi)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Steven Leigh Kessler to RE-FILE Document 88 Declaration in Support of Motion. ERROR(S): Supporting Documents must be Linked to the Corrected Motion. (db)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - PDF ERROR. Note to Attorney Steven Leigh Kessler to RE-FILE Document 87 MOTION to Quash Putative Relief Defendant Janet Walsh nka Janet Schaberg Memorandum of Law in Support of Motion to Quash. Re-File Document and attach the correct PDF (Motion to Quash), then file and link any supporting documents (Memorandums and Declarations in Support). (db)
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Filing 88
FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Steven L Kessler, Esq in Support re: 87 MOTION to Quash Putative Relief Defendant Janet Walsh nka Janet Schaberg Memorandum of Law in Support of Motion to Quash. Document filed by Janet Walsh. (Attachments: # 1 Exhibit Documents received from plaintiff regarding subpoenas, # 2 Exhibit Schaberg letters to financial institutions objecting to subponenas, # 3 Exhibit plaintiff 041709 letter to court with attachment)(Kessler, Steven) Modified on 4/29/2009 (db).
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Filing 87
FILING ERROR - WRONG PDF ASSOCIATED WITH DOCKET ENTRY - MOTION to Quash Putative Relief Defendant Janet Walsh nka Janet Schaberg Memorandum of Law in Support of Motion to Quash. Document filed by Janet Walsh.(Kessler, Steven) Modified on 4/29/2009 (db).
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Transmission of Notice of Appeal to the District Judge re: 86 Notice of Appeal. (nd)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 86 Notice of Appeal. (nd)
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 36 MOTION for Craig Welin to Appear Pro Hac Vice. filed by Robb Evans & Associates LLC, 35 MOTION for Thomas S. Arthur to Appear Pro Hac Vice. filed by Robb Evans & Associates LLC, 47 Answer to Complaint filed by Stephen Walsh, 53 Notice of Appearance filed by Robb Evans & Associates LLC, 15 Notice of Appearance filed by Paul Greenwood, 9 Memorandum of Law in Opposition to Motion, filed by Janet Walsh, 73 Order on Motion to Intervene, 63 Notice of Appearance filed by Robb Evans & Associates LLC, 77 Order Admitting Attorney Pro Hac Vice, 59 Order Admitting Attorney Pro Hac Vice, 29 Notice of Appearance filed by Paul Greenwood, 55 Rule 7.1 Corporate Disclosure Statement filed by University of Pittsburgh - Of the Commonwealth System of Higher Education, 12 Declaration, filed by Stephen Walsh, 50 Certificate of Service Other filed by San Diego County Employees Retirement Association, 41 Order on Motion to Appear Pro Hac Vice, 66 Response in Opposition to Motion filed by Commodity Futures Trading Commission, 51 Notice of Appearance filed by San Diego County Employees Retirement Association, 44 Memorandum of Law in Support of Motion filed by San Diego County Employees Retirement Association, 82 Notice of Appearance filed by Janet Walsh, 20 Notice of Change of Address filed by Stephen Walsh, 11 Declaration, filed by Paul Greenwood, 25 Notice of Appearance filed by Janet Walsh, 76 Certificate of Service Other filed by San Diego County Employees Retirement Association, 40 Order on Motion to Appear Pro Hac Vice, 23 Order Admitting Attorney Pro Hac Vice, 65 Endorsed Letter, Add and Terminate Attorneys,, 39 Order on Motion to Appear Pro Hac Vice, 60 MOTION for Brooke E. Barber to Appear Pro Hac Vice. filed by University of Pittsburgh - Of the Commonwealth System of Higher Education, 18 Notice of Appearance filed by Paul Greenwood, 85 Order Admitting Attorney Pro Hac Vice, 52 Notice of Appearance filed by Robb Evans & Associates LLC, 86 Notice of Appeal filed by San Diego County Employees Retirement Association, 46 Answer to Complaint filed by Paul Greenwood, 78 Order Admitting Attorney Pro Hac Vice, 30 Order, 64 Notice of Appearance filed by Robb Evans & Associates LLC, 72 Order on Motion to Intervene, 84 FIRST MOTION for Extension of Time for the Receiver to File Its Initial Report to the Court. filed by Commodity Futures Trading Commission, 31 Stipulation and Order, 49 Answer to Complaint filed by Janet Walsh, 74 Order, 42 Reply to Response to Motion, filed by Commodity Futures Trading Commission, 56 Stipulation and Order,, 37 MOTION for Tricia L. Legittino to Appear Pro Hac Vice. filed by Robb Evans & Associates LLC, 27 Notice of Appearance filed by Paul Greenwood, 16 Notice of Appearance filed by Paul Greenwood, 81 Endorsed Letter, 17 Notice of Appearance filed by Stephen Walsh, 32 Notice of Appearance filed by Commodity Futures Trading Commission, 68 Notice (Other) filed by Robb Evans & Associates LLC, 2 Order,,,,,,,,,,, 13 Notice of Appearance filed by Paul Greenwood, 54 MOTION to Intervene. filed by University of Pittsburgh - Of the Commonwealth System of Higher Education, 8 Declaration in Opposition to Motion, filed by Janet Walsh, 10 Memorandum of Law, filed by Stephen Walsh, Paul Greenwood, 28 Notice of Appearance filed by Paul Greenwood, 58 Order Admitting Attorney Pro Hac Vice, 62 MOTION for Michael J. Manzo to Appear Pro Hac Vice. filed by University of Pittsburgh - Of the Commonwealth System of Higher Education, 26 Order Admitting Attorney Pro Hac Vice, 61 MOTION for Charles B. Gibbons to Appear Pro Hac Vice. filed by University of Pittsburgh - Of the Commonwealth System of Higher Education, 33 Response in Opposition to Motion, filed by Janet Walsh, 70 Reply to Response to Motion filed by University of Pittsburgh - Of the Commonwealth System of Higher Education, 19 Reply Memorandum of Law in Oppisition filed by Commodity Futures Trading Commission, 14 Notice of Appearance filed by Paul Greenwood, 75 Reply Memorandum of Law in Support of Motion filed by San Diego County Employees Retirement Association, 22 Notice of Appearance filed by Robb Evans & Associates LLC, 67 Notice (Other) filed by Robb Evans & Associates LLC, 57 Order Admitting Attorney Pro Hac Vice, 21 Notice of Appearance filed by Westridge Capital Management, Inc., 34 Endorsed Letter, Set Deadlines/Hearings,, 48 Notice of Appearance filed by Stephen Walsh, 80 Order on Motion to Appear Pro Hac Vice, 83 Order Admitting Attorney Pro Hac Vice, 7 MOTION Statutory Ex Parte Restraining Order re: 3 MOTION Statutory Ex Parte Restraining Order.. filed by Commodity Futures Trading Commission, 69 Memorandum of Law in Opposition to Motion filed by Commodity Futures Trading Commission, 43 FIRST MOTION to Intervene. filed by San Diego County Employees Retirement Association, 24 Order Admitting Attorney Pro Hac Vice, 71 MOTION for Ames Davis and Jennifer L. Weaver to Appear Pro Hac Vice. filed by San Diego County Employees Retirement Association were transmitted to the U.S. Court of Appeals. (nd)
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Filing 86
NOTICE OF APPEAL from 72 Order on Motion to Intervene,. Document filed by San Diego County Employees Retirement Association. Filing fee $ 455.00, receipt number E 686410. (nd)
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Filing 84
FIRST MOTION for Extension of Time for the Receiver to File Its Initial Report to the Court. Document filed by Commodity Futures Trading Commission.(Buffa, Jonmarc)
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Filing 83
ORDER ADMITTING PAUL G. HAYECK: Attorney Paul G. Hayeck for Commodity Futures Trading Commission admitted Pro Hac Vice. SO ORDERED. (Signed by Judge George B. Daniels on 4/21/2009) (tve)
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Filing 82
NOTICE OF APPEARANCE by Steven Leigh Kessler on behalf of Janet Walsh (Kessler, Steven)
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Transmission to Attorney Admissions Clerk. Transmitted re: 83 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (tve)
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Filing 80
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 71 Motion for Ames Davis and Jennifer L. Weaver to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 4/21/09) (mme)
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Transmission to Attorney Admissions Clerk. Transmitted re: 80 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (mme)
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Filing 81
ENDORSED LETTER addressed to Judge George B. Daniels from Susan R. Necheles dated 4/20/09 re: Counsel requests permission to sell the boat owned by Paul Greenwood, and for the proceeds of the sale to be deposited into an account controlled by the Receiver, Robb Evans & Associates LLC. ENDORSEMENT: So ordered. (Signed by Judge George B. Daniels on 4/20/09) (mme)
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Filing 79
TRANSCRIPT of proceedings held on March 26, 2009 @ 11:50 a.m. before Judge George B. Daniels. (jab)
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Filing 76
CERTIFICATE OF SERVICE of Reply Memorandum in support of Motion to Intervene. Document filed by San Diego County Employees Retirement Association. (Katzman, Peter)
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Filing 75
REPLY MEMORANDUM OF LAW in Support re: 43 FIRST MOTION to Intervene.. Document filed by San Diego County Employees Retirement Association. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Katzman, Peter)
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Filing 74
ORDER: Vulcan Materials Corporation's request for "leave to intervene and oppose [San Diego County Employees Retirement Association's] motion to modify the TRO," dated April 3, 2009, is DENIED. (Signed by Judge George B. Daniels on 4/14/2009) (jfe)
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Filing 73
ORDER: The University of Pittsburgh's Motion for Leave to Intervene, dated April 1, 2009, is DENIED. (Signed by Judge George B. Daniels on 4/13/2009) (jfe)
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Filing 72
ORDER: San Diego County Employees Retirement Association's Motion to Intervene, and to modify the temporary restraining order with respect to its limited partnership interest, dated March 25, 2009, is DENIED.(Signed by Judge George B. Daniels on 4/13/2009) (jfe) Modified on 6/3/2009 (jfe).
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Filing 71
MOTION for Ames Davis and Jennifer L. Weaver to Appear Pro Hac Vice. Document filed by San Diego County Employees Retirement Association.(dle)
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Filing 70
REPLY to Response to Motion re: 54 MOTION to Intervene.. Document filed by University of Pittsburgh - Of the Commonwealth System of Higher Education. (Slotnick, Barry)
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Filing 69
MEMORANDUM OF LAW in Opposition re: 54 MOTION to Intervene.. Document filed by Commodity Futures Trading Commission. (Buffa, Jonmarc)
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CASHIERS OFFICE REMARK on 62 Motion to Appear Pro Hac Vice, 61 Motion to Appear Pro Hac Vice, 60 Motion to Appear Pro Hac Vice in the amount of $75.00, paid on 04/03/2009, Receipt Number 683251. (jd)
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Filing 85
ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Michael J. Manzo for University of Pittsburgh - Of the Commonwealth System of Higher Education admitted Pro Hac Vice. (Signed by Judge Victor Marrero on 4/10/09) (js)
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Transmission to Attorney Admissions Clerk. Transmitted re: 85 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (js)
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Filing 78
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: Charles B. Gibbons is admitted to practice pro hac vice as counsel for the University of Pittsburgh in this case. (Signed by Judge Victor Marrero for Judge George B. Daniels on 4/10/09) (tro)
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Filing 77
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: Brooke E. Barber is admitted to practice pro hac vice as counsel for the University of Pittsburgh in this case. (Signed by Judge Victor Marrero for Judge George B. Daniels on 4/10/09) (tro)
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Transmission to Attorney Admissions Clerk. Transmitted re: 77 Order Admitting Attorney Pro Hac Vice, 78 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (tro)
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Filing 68
NOTICE of Temporary Receiver's Statement of Position Regarding The Motion to Intervene by San Diego County Employees Retirement Association re: 43 FIRST MOTION to Intervene.. Document filed by Robb Evans & Associates LLC. (Welin, Craig)
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Filing 67
NOTICE of Letter to Honorable George B. Daniels from lead counsel Craig A. Welin requesting the Court enter preliminary injunction. Document filed by Robb Evans & Associates LLC. (Welin, Craig)
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Filing 66
RESPONSE in Opposition re: 43 FIRST MOTION to Intervene.. Document filed by Commodity Futures Trading Commission. (Buffa, Jonmarc)
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Filing 65
ENDORSED LETTER addressed to Judge George B. Daniels from Christopher F. Graham dated 4/7/09 re: Christopher D. Graham will be replacing Charles E. Dorkey, III, as lead local counsel for Temporary Receiver Robb Evans & Associates LLC in cases 09-cv- 1749 and 09-cv-1750. ENDORSEMENT: SO ORDERED. Attorney Christopher Francis Graham for Robb Evans & Associates LLC added. Attorney Charles E. Dorkey, III terminated. (Signed by Judge George B. Daniels on 4/7/09) (tro)
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Filing 64
NOTICE OF APPEARANCE by Alan Frederick Kaufman on behalf of Robb Evans & Associates LLC (Kaufman, Alan)
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Filing 63
NOTICE OF APPEARANCE by Christopher Francis Graham on behalf of Robb Evans & Associates LLC (Graham, Christopher)
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Transmission to Attorney Admissions Clerk. Transmitted re: 57 Order Admitting Attorney Pro Hac Vice, 59 Order Admitting Attorney Pro Hac Vice, 58 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (js)
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Filing 59
ORDER ADMITTING ATTORNEY PRO HAC VICE: It is hereby ordered that Brooke E. Barber be admitted Pro Hac Vice. So Ordered (Signed by Judge George B. Daniels on 4/6/09) (js)
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Filing 58
ORDER ADMITTING ATTORNEY PRO HAC VICE: It is hereby ordered that Attorney Michael J. Manzo be admitted Pro Hac Vice (Signed by Judge George B. Daniels on 4/6/09) (js)
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Filing 57
ORDER ADMITTING ATTORNEY PRO HAC VICE. It is hereby ordered that Charles B. Gibbons be admitted Pro Hac Vice. (Signed by Judge George B. Daniels on 4/6/09) (js)
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CASHIERS OFFICE REMARK on 36 Motion to Appear Pro Hac Vice, 35 Motion to Appear Pro Hac Vice, 37 Motion to Appear Pro Hac Vice in the amount of $75.00, paid on 03/17/2009, Receipt Number 681745. (jd)
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Filing 62
MOTION for Michael J. Manzo to Appear Pro Hac Vice. Document filed by University of Pittsburgh - Of the Commonwealth System of Higher Education.(dle)
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Filing 61
MOTION for Charles B. Gibbons to Appear Pro Hac Vice. Document filed by University of Pittsburgh - Of the Commonwealth System of Higher Education.(dle)
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Filing 60
MOTION for Brooke E. Barber to Appear Pro Hac Vice. Document filed by University of Pittsburgh - Of the Commonwealth System of Higher Education.(dle)
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Filing 55
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by University of Pittsburgh - Of the Commonwealth System of Higher Education.(Slotnick, Barry)
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Filing 54
MOTION to Intervene. Document filed by University of Pittsburgh - Of the Commonwealth System of Higher Education. (Attachments: # 1 Exhibit Exhibit A - Part One, # 2 Exhibit Exhibit A - Part Two)(Slotnick, Barry)
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Filing 56
STIPULATION AND ORDER SUBSTITUTING COUNSEL: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel and with the consent of Stephen Walsh that, pursuant to Local Civil Rule 1.4, Andrew M. Lawler of Andrew M. Lawler, P.C., 641 Lexington Avenue, 27th Floor, New York, New York 10022, be substituted as counsel for Stephen Walsh in place of Richard D. Weinberg and Robert T. Smith, both of Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, P.C. (Signed by Judge George B. Daniels on 3/30/2009) (jfe)
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Filing 53
NOTICE OF APPEARANCE by Thomas S. Arthur on behalf of Robb Evans & Associates LLC (Arthur, Thomas)
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Filing 52
NOTICE OF APPEARANCE by Craig A. Welin on behalf of Robb Evans & Associates LLC (Welin, Craig)
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Filing 51
NOTICE OF APPEARANCE by John Macleod Bradham on behalf of San Diego County Employees Retirement Association (Bradham, John)
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Filing 50
CERTIFICATE OF SERVICE of Motion to Intervene on March 25, 2009. Document filed by San Diego County Employees Retirement Association. (Katzman, Peter)
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Filing 49
ANSWER to Complaint. Document filed by Janet Walsh.(Collins, Patrick)
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Filing 48
NOTICE OF APPEARANCE by Andrew Michael Lawler on behalf of Stephen Walsh (Attachments: # 1 Certificate of Service)(Lawler, Andrew)
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Filing 47
ANSWER to Complaint. Document filed by Stephen Walsh. (Attachments: # 1 Certificate of Service)(Lawler, Andrew)
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Filing 46
ANSWER to Complaint. Document filed by Paul Greenwood. (Attachments: # 1 Certificate of Service)(Sivitz, Tracy)
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***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. 45 HAS BEEN REJECTED. Note to Attorney Peter Bryan Katzman : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (db)
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Filing 45
FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Oral Argument in connection with Motion to Intervene. Document filed by San Diego County Employees Retirement Association.(Katzman, Peter) Modified on 3/26/2009 (db).
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Filing 44
MEMORANDUM OF LAW in Support re: 43 FIRST MOTION to Intervene.. Document filed by San Diego County Employees Retirement Association. (Attachments: # 1 Exhibit A - Part 1, # 2 Exhibit A - Part 2, # 3 Exhibit B)(Katzman, Peter)
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Filing 43
FIRST MOTION to Intervene. Document filed by San Diego County Employees Retirement Association.(Katzman, Peter)
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Filing 42
REPLY to Response to Motion re: 7 MOTION Statutory Ex Parte Restraining Order re: 3 MOTION Statutory Ex Parte Restraining Order... Document filed by Commodity Futures Trading Commission. (Attachments: # 1 Affidavit Declaration of Brick Kane, # 2 Affidavit Declaration of M. Val Miller, # 3 Affidavit Declaration of Kyong J. Koh)(Haas, Peter)
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Filing 41
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 35 Motion for Thomas S. Arthur to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 3/23/09) (mme)
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Filing 40
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 36 Motion for Craig Welin to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 3/23/09) (mme)
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Filing 39
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 37 Motion for Tricia L. Legittino to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 3/23/09) (mme)
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Transmission to Attorney Admissions Clerk. Transmitted re: 39 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (mme)
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Transmission to Attorney Admissions Clerk. Transmitted re: 40 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (mme)
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Transmission to Attorney Admissions Clerk. Transmitted re: 41 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (mme)
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Set/Reset Deadlines: WGI L.L.C. answer due 3/26/2009; K&L Investments answer due 3/26/2009; Janet Walsh answer due 3/26/2009; Stephen Walsh answer due 3/26/2009; Paul Greenwood answer due 3/26/2009; Westridge Capital Management, Inc. answer due 3/26/2009; WG Trading Investors, L.P. answer due 3/26/2009; WGIA, L.L.C. answer due 3/26/2009; Westridge Capital Management Enhancement Funds, Inc. answer due 3/26/2009; WG Trading Company L.P. answer due 3/26/2009. (pl)
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Filing 34
ENDORSED LETTER addressed to Judge George B. Daniels from Robert T. Smith dated 3/17/09 re: defendants in the captioned cases 09cv1749 & 09cv1750 to request an extension of time, up to and including March 26, 2009. ENDORSEMENT: So Ordered. (Signed by Judge George B. Daniels on 3/18/09) (pl)
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***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. 33 HAS BEEN REJECTED. Note to Attorney Steven Leigh Kessler : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (db)
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Filing 33
FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - RESPONSE in Opposition re: 7 MOTION Statutory Ex Parte Restraining Order re: 3 MOTION Statutory Ex Parte Restraining Order. Relief Defendant Janel Walsh n/k/a Janet Schaberg in Oppostion to Motion for Preliminary Injunction and other relief. Document filed by Janet Walsh. (Kessler, Steven) Modified on 3/19/2009 (db).
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Filing 32
NOTICE OF APPEARANCE by Jonmarc P. Buffa on behalf of Commodity Futures Trading Commission (Buffa, Jonmarc)
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Filing 37
MOTION for Tricia L. Legittino to Appear Pro Hac Vice. Document filed by Robb Evans & Associates LLC.(dle)
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Filing 36
MOTION for Craig Welin to Appear Pro Hac Vice. Document filed by Robb Evans & Associates LLC.(dle)
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Filing 35
MOTION for Thomas S. Arthur to Appear Pro Hac Vice. Document filed by Robb Evans & Associates LLC.(dle)
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Filing 31
STIPULATION AND ORDER SUBSTITUTING COUNSEL: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel and with the consent of Paul Greenwood that, pursuant to Local Civil Rule 1.4, the law firm of Hafetz & Necheles, 500 Fifth Avenue, 29th Floor, New York, New York 10110, be substituted as counsel for Paul Greenwood in place of the law firm of Dechert LLP. (Signed by Judge George B. Daniels on 3/13/2009) (jfe)
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Filing 38
TRANSCRIPT of proceedings held on 3/03/09 before Judge George B. Daniels. (ama)
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Filing 30
ORDER The Temporary Restraining Order is extended ten days, pursuant to Federal Rule of Civil Procedure 65(b)(2), in order to provide an opportunity for defense counsel to propose modifications, by March 20, 2009, before converting the Temporary Restraining Order into a preliminary injunction. (Signed by Judge George B. Daniels on 3/11/09) (mme)
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Filing 29
NOTICE OF APPEARANCE by Frederick Phillip Hafetz on behalf of Paul Greenwood (Hafetz, Frederick)
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Filing 28
NOTICE OF APPEARANCE by Susan Rose Necheles on behalf of Paul Greenwood (Necheles, Susan)
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Filing 27
NOTICE OF APPEARANCE by Tracy Ellen Sivitz on behalf of Paul Greenwood (Sivitz, Tracy)
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Filing 25
NOTICE OF APPEARANCE by Patrick, T. Collins on behalf of Janet Walsh (Collins, Patrick,)
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Transmission to Attorney Admissions Clerk. Transmitted re: 23 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (cd)
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Filing 22
NOTICE OF APPEARANCE by Charles E. Dorkey, III on behalf of Robb Evans & Associates LLC (Dorkey, Charles)
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Filing 21
NOTICE OF APPEARANCE by Christopher Patrick O'Connell on behalf of Westridge Capital Management, Inc. (O'Connell, Christopher)
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Filing 26
ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Peter M Haas for Commodity Futures Trading Commission admitted Pro Hac Vice. (Signed by Judge George B. Daniels on 3/3/09) (js)
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Transmission to Attorney Admissions Clerk. Transmitted re: 26 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (js)
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Filing 24
ORDER TO ADMIT PETER M. HAAS pro hac vice for plaintiff Commodity Futures Trading Commission. (Signed by Judge George B. Daniels on 3/3/09) (cd)
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Filing 23
ORDER TO ADMIT JONMARC BUFFA pro hac vice for the plaintiff Commodity Futures Trading Commission. (Signed by Judge George B. Daniels on 3/3/09) (cd)
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Minute Entry for proceedings held before Judge George B. Daniels: Oral Argument held on 3/3/2009. Plaintiff and defense counsel present. Subsequent conference scheduled for March 26, 2009. (mro)
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Filing 20
NOTICE OF CHANGE OF ADDRESS by Robert Thomas Smith on behalf of Stephen Walsh. New Address: Morvillo Abramowitz, 565 Fifth Avenue, New York, New York, USA 10017, 212-856-9600. (Smith, Robert)
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Filing 19
REPLY MEMORANDUM OF LAW in Opposition re: 10 Memorandum of Law, Release of Funds. Document filed by Commodity Futures Trading Commission. (Roth, Karin)
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Filing 18
NOTICE OF APPEARANCE by David Scott Hoffner on behalf of Paul Greenwood (Hoffner, David)
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Filing 17
NOTICE OF APPEARANCE by Robert Thomas Smith on behalf of Stephen Walsh (Smith, Robert)
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Filing 16
NOTICE OF APPEARANCE by Robert Jeffrey Jossen on behalf of Paul Greenwood (Jossen, Robert)
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Filing 15
NOTICE OF APPEARANCE by Matthew Joseph Lang on behalf of Paul Greenwood (Lang, Matthew)
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Filing 14
NOTICE OF APPEARANCE by David Scott Hoffner on behalf of Paul Greenwood (Hoffner, David)
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Filing 13
NOTICE OF APPEARANCE by Robert Jeffrey Jossen on behalf of Paul Greenwood (Jossen, Robert)
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Filing 12
DECLARATION of Stephen Walsh re: 3 MOTION Statutory Ex Parte Restraining Order., 2 Order,,,,,,,,,,, 7 MOTION Statutory Ex Parte Restraining Order re: 3 MOTION Statutory Ex Parte Restraining Order... Document filed by Stephen Walsh. (Jossen, Robert)
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Filing 11
DECLARATION of Paul Greenwood re: 3 MOTION Statutory Ex Parte Restraining Order., 2 Order,,,,,,,,,,, 7 MOTION Statutory Ex Parte Restraining Order re: 3 MOTION Statutory Ex Parte Restraining Order... Document filed by Paul Greenwood. (Jossen, Robert)
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Filing 10
MEMORANDUM OF LAW re: 3 MOTION Statutory Ex Parte Restraining Order., 2 Order,,,,,,,,,,, 7 MOTION Statutory Ex Parte Restraining Order re: 3 MOTION Statutory Ex Parte Restraining Order... Document filed by Stephen Walsh, Paul Greenwood. (Jossen, Robert)
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Filing 9
MEMORANDUM OF LAW in Opposition re: 3 MOTION Statutory Ex Parte Restraining Order., 7 MOTION Statutory Ex Parte Restraining Order re: 3 MOTION Statutory Ex Parte Restraining Order... Document filed by Janet Walsh. (Wicks, James) Modified on 3/2/2009 (jar). Modified on 3/2/2009 (jar).
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Filing 8
DECLARATION of Janet B. Schaberg in Opposition re: 3 MOTION Statutory Ex Parte Restraining Order., 7 MOTION Statutory Ex Parte Restraining Order re: 3 MOTION Statutory Ex Parte Restraining Order... Document filed by Janet Walsh. (Attachments: # 1 Exhibit "A", # 2 Exhibit "B")(Wicks, James) Modified on 3/2/2009 (jar). Modified on 3/2/2009 (jar).
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Filing 7
MOTION Statutory Ex Parte Restraining Order re: 3 MOTION Statutory Ex Parte Restraining Order.. Document filed by Commodity Futures Trading Commission. (Attachments: # 1 Errata)(Roth, Karin) Modified on 3/2/2009 (jar). Modified on 3/2/2009 (jar).
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Filing 6
FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 3 MOTION Statutory Ex Parte Restraining Order.. Document filed by Commodity Futures Trading Commission. (Roth, Karin) Modified on 3/2/2009 (jar).
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Filing 5
FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Patricia Gomersall in Support re: 3 MOTION Statutory Ex Parte Restraining Order.. Document filed by Commodity Futures Trading Commission. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Roth, Karin) Modified on 3/2/2009 (jar).
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Filing 4
FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Jennifer Sunu in Support re: 3 MOTION Statutory Ex Parte Restraining Order.. Document filed by Commodity Futures Trading Commission. (Roth, Karin) Modified on 3/2/2009 (jar).
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Filing 3
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION Statutory Ex Parte Restraining Order. Document filed by Commodity Futures Trading Commission. Return Date set for 3/3/2009 at 11:00 AM.(Roth, Karin) Modified on 3/2/2009 (jar).
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Filing 2
ORDER GRANTING MOTION FOR STATUTORY EX PARTE RESTRAINING ORDER, FOR EXPEDITED DISCOVERY, AND ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION, Defendants and Relief Defendants are restrained and enjoined in the manner that is set forth in this Order. That Robb Evans & Assoc. LLC, www.Robb Evans.com is appointed temporary Receiver for the defendants' and Relief Defendants' assets and the assets of any affiliates or subsidiaries of any defendant's and Relief Defendant, with the full powers of an equity receiver. The Receiver shall be the agent of this Court in acting or as Receiver under this Order in the manner set forth herein. Representatives of the Commission be immediately allowed to inspect the books, records, and other documents of the Defendants, Relief Defendants, and their agents in the manner set forth in this Order. Plaintiff Commission is an agency of the United States of America and, accordingly, no bond need be posted by the Commission. Defendants shall appear before this Court on the 3 day of March 2009, at 11:00 a.m., before the United States District Judge Daniels at the United States Courthouse for the Southern District ofNew York, to show cause, if there be any, why an Order for Preliminary Injunction should not be granted to prohibit further violations of the Act and why the other relief requested should not be granted pending trial on the merits of this action. Should any party wish to file a memorandum of law or other papers in opposition to Plaintiff's Motion for a Preliminary Injunction, all papers shall be filed on or before Monday, March 2, 2009 and serve no later than March 2, 2009. The prohibition upon discovery before the early meeting of counsel is removed pursuant to Rule 26(d) of the Federal Rules of Civil Procedure. The prohibition upon the immediate commencement of depositions is removed pursuant to Rule 30(a)(2)(C) of the Federal Rules of Civil Procedure. The parties and/or the Temporary Receiver may proceed to take the oral deposition of any person upon three calendar days actual notice if the notice is served upon the parties personally or by telecopier to the party's last known business telecopier number. The parties and/or the Temporary Receiver may take the deposition of any person for the purpose of discovering the nature, location, status and extent of assets of the Defendants or Relief Defendants and the location of any documents reflecting those assets. This Order shall be served on the Defendants and Relief Defendants by personal service consistent with Federal Rule of Civil Procedure Rule 4(e). All subsequent pleadings, correspondence, notices required by this Order, and other materials shall be served consistent with Federal Rule of Civil Procedure Rule 4. That this Order shall remain in full force and effect until further order of this Court, and that this Court retains jurisdiction of this matter for all purposes. (Signed by Judge George B. Daniels on 4/25/09) (pl)
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Filing 1
COMPLAINT against WGI L.L.C., K&L Investments, Janet Walsh, Stephen Walsh, Paul Greenwood, Westridge Capital Management, Inc., WG Trading Investors, L.P., WGIA, L.L.C., Westridge Capital Management Enhancement Funds, Inc., WG Trading Company L.P. Document filed by Commodity Futures Trading Commission.(laq)
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SUMMONS ISSUED as to WGI L.L.C., K&L Investments, Janet Walsh, Stephen Walsh, Paul Greenwood, Westridge Capital Management, Inc., WG Trading Investors, L.P., WGIA, L.L.C., Westridge Capital Management Enhancement Funds, Inc., WG Trading Company L.P.. (laq)
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Magistrate Judge James C. Francis is so designated. (laq)
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Case Designated ECF. (laq)
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Set Deadlines/Hearings: Responses due by 3/2/2009 Show Cause Hearing set for 3/3/2009 at 11:00 AM before Judge George B. Daniels. (pl)
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