Securities and Exchange Commission v. Contrarian Press, LLC et al
| Securities and Exchange Commission |
| Contrarian Press, LLC, Scott S. Fraser and Nathan Yeung |
| 1:2016cv06964 |
| September 6, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Vernon S Broderick |
| Debra C Freeman |
| Securities/Commodities |
| 15 U.S.C. § 77 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 30, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 162
FINAL JUDGMENT AS TO DEFENDANT SCOTT S. FRASER: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant is permanently restrained and enjoined from violating, directly or indirectly, Section 17(b) of the Securities Act of 1933 (the "Securities Act") [15 U.S.C. 77q(b)], by using any means or instruments of transportation or communications in interstate commerce or by of the mails, to: (As further set forth herein.) Defendant Fraser shall pay the total penalty due of $125,000 in two (2) installments to the Commission according to the following schedule: (1) $25,000, within 14 days of entry of this Final Judgment; and (2) the remaining balance, including post judgment interest, within 365 days of entry of this Final Judgment. Payments shall be deemed made on the date they are received by the Commission and shall be applied first to post judgment interest, which accrues pursuant to 28 U.S.C. 1961 on any unpaid amounts due after 30 days of the entry of Final Judgment. Prior to making the final payment set forth herein, Fraser shall contact the staff of the Commission for the amount due for the final payment. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court shall retain jurisdiction of this matter for the purposes of enforcing the terms of this Final Judgment. (Signed by Judge Vernon S. Broderick on 6/30/2021) (va)
|
|
Filing 161
STIPULATION OF VOLUNTARY DISMISSAL PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(a)(1)(A)(ii): Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), Plaintiff Securities and Exchange Commission and its counsel, and the remaining Defendants Scott S. Fraser and Contrarian Press, LLC hereby stipulate that the above-captioned action is voluntarily dismissed without prejudice against Defendant Contrarian Press, LLC. In light of the settlement and final judgment with regard to Defendant Scott S. Fraser, this case is now fully resolved. The Clerk's office is directed to terminate any open motions and close this case. (Signed by Judge Vernon S. Broderick on 6/30/2021) (ate)
|
|
Terminate Transcript Deadlines (ate)
|
|
Filing 160
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Contrarian Press, LLC pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Securities and Exchange Commission. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Suthammanont, Victor)
|
|
Filing 159
FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE OF VOLUNTARY DISMISSAL, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Contrarian Press, LLC. Document filed by Securities and Exchange Commission. Proposed Order to be reviewed by Clerk's Office staff...(Suthammanont, Victor) Modified on 6/29/2021 (dt).
|
|
Filing 158
JOINT LETTER addressed to Judge Vernon S. Broderick from Victor Suthammanont dated June 29, 2021 re: Proposed judgment on consent and status report. Document filed by Securities and Exchange Commission..(Suthammanont, Victor)
|
|
Filing 157
PROPOSED JUDGMENT. Document filed by Securities and Exchange Commission..(Suthammanont, Victor) Proposed Judgment to be reviewed by Clerk's Office staff.
|
|
Filing 156
SETTLEMENT AGREEMENT Consent of Defendant Scott S. Fraser and Proposed Final Judgment as to Defendant Fraser. Document filed by Securities and Exchange Commission..(Suthammanont, Victor)
|
|
***NOTICE TO COURT REGARDING PROPOSED JUDGMENT. Document No. #157 Proposed Judgment was reviewed and approved as to form. (dt)
|
|
***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #160 Stipulation of Voluntary Dismissal was reviewed and referred to Judge Vernon S. Broderick for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (dt)
|
|
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Suthammanont, Victor to RE-FILE Document #159 Notice of Voluntary Dismissal. ERROR(S): Title of Document is Wrong. Change Title of Document to Stipulation of Voluntary Dismissal and have both attorneys sign (ink signatures), then re-file using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents. (dt)
|
|
Filing 155
ORDER granting #154 Letter Motion for Extension of Time. APPLICATION GRANTED. The briefing schedule for motions for summary judgment set out at Document 153 is VACATED. The parties are directed to provide a joint status update whenever a settlement agreement is finalized and approved by the SEC or by July 2, 2021, whichever date is earlier. SO ORDERED. (Signed by Judge Vernon S. Broderick on 5/5/2021) (kv)
|
|
Filing 154
JOINT LETTER MOTION for Extension of Time to file dispositive motions in light of potential settlement addressed to Judge Vernon S. Broderick from Victor Suthammanont dated May 4, 2021. Document filed by Securities and Exchange Commission..(Suthammanont, Victor)
|
|
Filing 153
Vacated as per Judge's Order dated 5/5/2021, Doc. #155 ORDER granting #151 Letter Motion for Extension of Time. Application Granted. So Ordered. (Motions due by 6/18/2021.) (Signed by Judge Vernon S. Broderick on 4/12/21) (yv) Modified on 4/13/2021 (yv). Modified on 5/5/2021 (kv).
|
|
Set/Reset Deadlines: Responses due by 7/16/2021. Replies due by 8/13/2021. (yv) Modified on 4/13/2021 (yv).
|
|
Filing 152
ORDER: In light of the representations made at the April 8, 2021 conference held in this case, (Doc. 150), it is hereby: ORDERED that the parties are directed to submit a joint filing on or before April 13, 2021, detailing the parties proposed summary judgment briefing schedule and any requests to extend the deadline for pretrial submissions. (Signed by Judge Vernon S. Broderick on 4/9/2021) (nb)
|
|
Filing 151
JOINT LETTER MOTION for Extension of Time to file summary judgment motions and pretrial filings addressed to Judge Vernon S. Broderick from Victor Suthammanont dated April 9, 2021. Document filed by Securities and Exchange Commission..(Suthammanont, Victor)
|
|
Minute Entry for proceedings held before Judge Vernon S. Broderick: Telephone Conference held on 4/8/2021. (Court Reporter Andrew Walker) (msa)
|
|
Filing 150
ORDER: I am in receipt of Magistrate Judge Debra Freeman's order granting the parties' request to have until March 31, 2021 to complete discovery. (Doc. 149.) Accordingly, it is hereby: ORDERED that the parties are directed to appear for a telephonic post- discovery conference on April 8, 2021 at 2 PM. The dial-in number is 888-363-4749 and the access code is 2682448. So Ordered. (Telephone Conference set for 4/8/2021 at 02:00 PM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 3/17/2021) (js)
|
|
Filing 149
MEMO ENDORSEMENT on re: #148 Letter, filed by Securities and Exchange Commission. ENDORSEMENT: The parties may have until 3/31/2021 to complete discovery, and Judge Broderick will separately schedule the post-discovery conference. Dated: 3/16/2021 SO ORDERED. (Discovery due by 3/31/2021.) (Signed by Magistrate Judge Debra C. Freeman on 3/16/2021) (kv)
|
|
Filing 148
JOINT LETTER addressed to Magistrate Judge Debra C. Freeman from Victor Suthammanont dated March 15, 2021 re: Joint Status Report and Request for Scheduling of Post-Discovery Conference and Adjournment of Deadlines Pending Such Conference. Document filed by Securities and Exchange Commission..(Suthammanont, Victor)
|
|
Filing 147
STIPULATED PROTECTIVE ORDER REGARDING THE DISCLOSURE OF PRIVILEGED INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED., Motions terminated: #146 LETTER MOTION for Discovery Request for Approval of Stipulated Proposed Protective Order Regarding the Disclosure of Privileged Information addressed to Magistrate Judge Debra C. Freeman from Victor Suthammanont dated December 22, 2020. filed by Securities and Exchange Commission. (Signed by Magistrate Judge Debra C. Freeman on 1/8/2021) (jca)
|
|
Filing 146
LETTER MOTION for Discovery Request for Approval of Stipulated Proposed Protective Order Regarding the Disclosure of Privileged Information addressed to Magistrate Judge Debra C. Freeman from Victor Suthammanont dated December 22, 2020. Document filed by Securities and Exchange Commission. (Attachments: #1 Stipulated Proposed Protective Order).(Suthammanont, Victor)
|
|
Filing 145
ORDER: For the foregoing reasons, Defendants' discovery objections are OVERRULED. The parties are directed to meet and confer about entering into a protective order that outlines a protocol for dealing with privileged materials, including processes for recovering any privileged material inadvertently produced and for addressing privilege log challenges. The Clerk of Court is directed to terminate the open objections at Documents 130 and 139. (Signed by Judge Vernon S. Broderick on 12/2/2020) (mro)
|
|
Filing 144
ORDER denying without prejudice nunc pro tunc to 6/16/2020 #117 Letter Motion for Discovery, for the reasons stated on the record of the discovery conference held on 6/16/2020. (See transcript (Dkt. 126), at 80; see also id. at 70-77.) (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
|
|
Filing 143
BRIEF re: #139 Objection (non-motion) (Reply Brief in Support of Rule 72 Objection). Document filed by Contrarian Press, LLC, Scott S. Fraser..(Asfour, Kevin)
|
|
Filing 142
ORDER granting #140 LETTER MOTION for Leave to File Response to Defendants' Rule 72 Objections to Magistrate Judge's Order Entered July 27, 2020. APPLICATION GRANTED SO ORDERED. Defendants may file a reply, if any, within seven days of this order. (Signed by Judge Vernon S. Broderick on 8/14/2020) (jca)
|
|
Filing 141
BRIEF re: #140 LETTER MOTION for Leave to File Response to Defendants' Rule 72 Objections to Magistrate Judge's Order Entered July 27, 2020 addressed to Judge Vernon S. Broderick from Victor Suthammanont dated August 13, 2020., #139 Objection (non-motion) . Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit A - Fraser Transcript Excerpt, #2 Exhibit B - Responses to Interrogatories, #3 Exhibit C - June 22, 2020 Hearing Transcript, #4 Exhibit D - Aug. 4, 2020 Subpoena to K&L Gates LLP, #5 Exhibit E - Excerpt of Email, #6 Exhibit F - Suthammanont Declaration).(Suthammanont, Victor)
|
|
Filing 140
LETTER MOTION for Leave to File Response to Defendants' Rule 72 Objections to Magistrate Judge's Order Entered July 27, 2020 addressed to Judge Vernon S. Broderick from Victor Suthammanont dated August 13, 2020. Document filed by Securities and Exchange Commission..(Suthammanont, Victor)
|
|
Filing 139
Objection re: 138 Order,,, . Document filed by Contrarian Press, LLC, Scott S. Fraser. (Attachments: #1 Affidavit (Declaration of Michael Quinn), #2 Exhibit A, #3 Exhibit B, #4 Exhibit C).(Asfour, Kevin)
|
|
Filing 138
In light of this Court's lengthy conference with counsel, this Court finds that no further briefing is necessary to address the follow-up discovery issues raised in the joint letter filed at Dkt. 132, and those issues are resolved as follows: The SEC's proposed modified subpoena (as filed at Dkt. 132-2) may be served on K&L Gates LLP, by email to Kevin S. Asfour, Esq., with an agreed-upon return date, and with two modifications. First, Request No. 2 shall be stricken, and, second, all requests, including Request No. 4, shall be expressly limited to the "Relevant Time Period" set out in the Definition section of the proposed subpoena. In connection with its response to the subpoena, K&L Gates is directed to provide a privilege log, which may be categorical. (HEREBY ORDERED by Magistrate Judge Debra Freeman) (Text Only Order) (Freeman, Debra)
|
|
Filing 137
ORDER granting #133 Letter Motion for Leave to File Document. Application Granted. So Ordered. Defendants shall have seven (7) days to file a reply memorandum of law. (Signed by Judge Vernon S. Broderick on 7/9/20) (yv) Modified on 7/10/2020 (yv).
|
|
Filing 136
ORDER granting #135 Motion for Kevin S. Asfour to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (msa)
|
|
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #135 MOTION for Kevin S. Asfour to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-20606619. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea)
|
|
Filing 135
MOTION for Kevin S. Asfour to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20606619. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Contrarian Press, LLC, Scott S. Fraser. (Attachments: #1 Affidavit, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order).(Asfour, Kevin)
|
|
Filing 134
BRIEF re: #133 LETTER MOTION for Leave to File Response to Defendants' Rule 72 Objections to Magistrate Judge's Order Entered June 18, 2020 addressed to Judge Vernon S. Broderick from Victor Suthammanont dated July 8, 2020., #130 Objection (non-motion), #131 Declaration in Support, SEC's Response to Defendants' Rule 72 Objections. Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit A - Notice of Deposition, #2 Exhibit B - June 16, 2020 Hearing Transcript, #3 Exhibit C - SEC Responses to Interrogatories, #4 Exhibit D - Form 1662, #5 Exhibit E - April 5, 2013 Letter to K&L Gates LLP).(Suthammanont, Victor)
|
|
Filing 133
LETTER MOTION for Leave to File Response to Defendants' Rule 72 Objections to Magistrate Judge's Order Entered June 18, 2020 addressed to Judge Vernon S. Broderick from Victor Suthammanont dated July 8, 2020. Document filed by Securities and Exchange Commission..(Suthammanont, Victor)
|
|
Filing 132
JOINT LETTER addressed to Magistrate Judge Debra C. Freeman from Victor Suthammanont and Kevin Asfour dated July 2, 2020 re: Status Report Concerning Subpoena to K&L Gates LLP. Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit A - Email Correspondence, #2 Exhibit B - July 1, 2020 Subpoena, #3 Exhibit C - Transcript of June 22, 2020 Hearing).(Suthammanont, Victor)
|
|
Filing 131
DECLARATION of Michael J. Quinn in Support re: #130 Objection (non-motion). Document filed by Contrarian Press, LLC, Scott S. Fraser. (Attachments: #1 Exhibit A - Defendants Notice of Deposition of Plaintiff, #2 Exhibit B - Formal Order, #3 Exhibit C - SECs Responses to Defendant Frasers Second Set of Interrogatories, #4 Exhibit D- SECs Responses to Defendant Contrarian Press First Set of RFA).(Quinn, Michael)
|
|
Filing 130
Objection re: #125 Order on Motion for Discovery,,,,,,, . Document filed by Contrarian Press, LLC, Scott S. Fraser..(Quinn, Michael)
|
|
Filing 129
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Case Management Conference proceeding held on 6/19/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.(rro)
|
|
Filing 128
TRANSCRIPT of Proceedings re: Case Management Conference held on 6/19/2020 before Magistrate Judge Debra C. Freeman. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/20/2020. Redacted Transcript Deadline set for 7/30/2020. Release of Transcript Restriction set for 9/28/2020..(rro)
|
|
Filing 127
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 6/16/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.(rro)
|
|
Filing 126
TRANSCRIPT of Proceedings re: Telephone Conference held on 6/16/2020 before Magistrate Judge Debra C. Freeman. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/13/2020. Redacted Transcript Deadline set for 7/23/2020. Release of Transcript Restriction set for 9/21/2020..(rro)
|
|
Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Case Management Conference held via telephone on 6/19/2020. (aba)
|
|
NOTICE: Telephone Conference set for 6/19/2020 at 02:30 PM before Magistrate Judge Debra C. Freeman. The parties should call Toll-Free Number: 877-411-9748 and use Access Code: 9612281. (kgo)
|
|
Filing 125
ORDER. It is hereby ORDERED as follows: This Court finds that the most on-point authority cited by Defendants in their written submission, consisting of judicial decisions from outside this Circuit (see Dkt. 116, at ECF 3-4 (citing cases from the District of Utah, the Southern District of Florida, and the Middle District of Florida)), does not generally accord with the developed body of law within this Circuit that supports the SEC's position regarding the impropriety of the type of deposition that Defendants seek, and as further specified and set forth in item 1 of this Order. In lieu of a deposition, and so that Defendants may have a clearer understanding of the bases of the SEC's factual contentions, the SEC is directed to supplement its written discovery responses, and as further specified and set forth in item 2 of this Order. In order to address Defendants' additional argument that they need a deposition of the SEC to explore the SEC's record-keeping process and document production, the SEC is further directed to augment the search that it initially conducted for documents responsive to Defendants' document requests, and as further specified and set forth in item 3 of this Order. Based on the rulings contained herein, granting the protective order requested by the SEC with respect to the noticed Rule 30(b)(6) deposition, but requiring the SEC to supplement its other discovery responses, the Clerk of Court is directed to close the motion filed at Dkt. 116 on the Docket of this action. So ordered. Granting #116 JOINT LETTER MOTION for Discovery Re: Plaintiff's Motion for a Protective Order addressed to Judge Vernon S. Broderick from Victor Suthammanont dated April 27, 2020. Document filed by Securities and Exchange Commission. (Signed by Magistrate Judge Debra C. Freeman on 6/17/2020) Copies to: All parties (via ECF). (rjm)
|
|
Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Case Management Conference held via telephone on 6/16/2020. (aba)
|
|
Filing 124
ORDER terminating #120 Letter Motion for Extension of Time, in light of Dkts. 122 and 123. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
|
|
Filing 123
ORDER granting #122 Letter Motion to Adjourn Conference; granting in part, and otherwise deferring ruling on #122 Letter Motion for Extension of Time. The telephone conference scheduled for 5/28/20 is adjourned to 6/16/20 at 11:30 a.m., and the SEC may have until 6/26/20 to serve rebuttal expert disclosures. This Court will address any outstanding discovery issues, as well as any additional requests for discovery extensions, at the 6/16 conference. For the conference, counsel should call the following Toll-Free Number: (877) 411-9748, and use Access Code: 9612281. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
|
|
Filing 122
FIRST LETTER MOTION to Adjourn Conference scheduled for May 28, 2020 addressed to Magistrate Judge Debra C. Freeman from Tejal D. Shah dated May 26, 2020., LETTER MOTION for Extension of Time regarding expert discovery deadlines addressed to Magistrate Judge Debra C. Freeman from Tejal D. Shah dated May 26, 2020. Document filed by Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order).(Shah, Tejal)
|
|
Filing 121
STIPULATED PROTECTIVE ORDER GOVERNING USE AND DISCLOSURE OF DOCUMENTS CONTAINING PERSONALLY IDENTIFIABLE INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Magistrate Judge Debra C. Freeman on 5/21/2020) (rjm)
|
|
Filing 120
LETTER MOTION for Extension of Time regarding expert discovery deadlines and to extend the discovery cut-off date addressed to Magistrate Judge Debra C. Freeman from Victor Suthammanont dated May 21, 2020. Document filed by Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order).(Suthammanont, Victor)
|
|
Set/Reset Hearings: Telephone Conference set for 5/28/2020 at 02:30 PM before Magistrate Judge Debra C. Freeman. The parties should call Toll-Free Number: 877-411-9748 and use Access Code: 9612281. (kgo)
|
|
Filing 119
PROPOSED STIPULATION AND ORDER. Document filed by Securities and Exchange Commission..(Suthammanont, Victor)
|
|
Filing 118
AMENDED ORDER OF REFERENCE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Including Joint Letters regarding discovery disputes at ECF Nos. 111, 116, and 117. Referred to Magistrate Judge Debra C. Freeman. SO ORDERED. Motions referred to Debra C. Freeman. (Signed by Judge Vernon S. Broderick on 4/28/2020) (ama)
|
|
Filing 117
JOINT LETTER MOTION for Discovery re: Defendants' Motion to Quash addressed to Judge Vernon S. Broderick from Michael J. Quinn dated April 27, 2020. Document filed by Contrarian Press, LLC, Scott S. Fraser..(Quinn, Michael)
|
|
Filing 116
JOINT LETTER MOTION for Discovery Re: Plaintiff's Motion for a Protective Order addressed to Judge Vernon S. Broderick from Victor Suthammanont dated April 27, 2020. Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit A).(Suthammanont, Victor)
|
|
Filing 115
REVISED CASE MANAGEMENT ORDER AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. All fact discovery is to be completed no later than March 31, 2020. Except as provided above in Paragraph 7, Depositions shall be completed by March 31, 2020. Initial expert disclosures, reports, and production of underlying documents shall occur by April 30, 2020. Any rebuttal expert disclosures, reports and production of underlying documents shall occur by May 29, 2020. Any expert depositions shall be completed by June 15, 2020. All discovery shall be completed no later than June 15, 2020. Status Conference set for 6/19/2020 at 10:30 AM before Judge Vernon S. Broderick. The parties have conferred and their present best estimate of the length of trial is 8 days. (Signed by Judge Vernon S. Broderick on 3/27/2020) (rro)
|
|
Filing 114
ORDER granting #112 Letter Motion for Extension of Time to Complete Discovery. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 3/27/2020) (ks) Modified on 3/30/2020 (ks).
|
|
Set/Reset Deadlines: Expert Discovery due by 5/29/2020. Fact Discovery due by 3/31/2020. (ks)
|
|
Filing 113
ORDER OF REFERENCE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute. Joint Letter regarding discovery dispute at ECF No. 111. Referred to Magistrate Judge Debra C. Freeman. Motions referred to Debra C. Freeman. (Signed by Judge Vernon S. Broderick on 3/26/2020) (kv)
|
|
Filing 112
JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Vernon S. Broderick from Victor Suthammanont dated March 26, 2020. Document filed by Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order Proposed Revised Case Management Order, #2 Redline of Proposed Order Against Case Management Order (DE 94)).(Suthammanont, Victor)
|
|
Filing 111
JOINT LETTER addressed to Judge Vernon S. Broderick from Michael J. Quinn dated March 25, 2020 re: Discovery Dispute. Document filed by Contrarian Press, LLC, Scott S. Fraser. (Attachments: #1 Exhibit A).(Quinn, Michael)
|
|
Filing 110
MEMO ENDORSEMENT granting #109 Motion to Withdraw as Attorney. ENDORSEMENT: APPLICATION GRANTED. (Attorney Haimavathi Varadan Marlier terminated.) (Signed by Judge Vernon S. Broderick on 2/11/2020) (jwh)
|
|
Filing 109
MOTION for Haimavathi V. Marlier to Withdraw as Attorney . Document filed by Securities and Exchange Commission..(Suthammanont, Victor)
|
|
Filing 108
SEALED DOCUMENT placed in vault.(mhe)
|
|
Filing 107
ORDER: Accordingly, it is hereby: ORDERED that Defendants' letter motion for discovery, (Doc. 97), is DENIED. The witness interview memoranda received from Plaintiff will be placed under seal. SO ORDERED. (Signed by Judge Vernon S. Broderick on 12/5/2019) (rro) Transmission to Sealed Records Clerk for processing.
|
|
Filing 106
ORDER: Accordingly, it is hereby: ORDERED that Plaintiff shall submit copies of the memoranda to my chambers inbox at BroderickNYSDChambers@nysd.uscourts.gov for in camera inspection of the memoranda. SO ORDERED. (Signed by Judge Vernon S. Broderick on 11/22/2019) (rro)
|
|
Filing 105
NOTICE OF APPEARANCE by Victor Edward Suthammanont on behalf of Securities and Exchange Commission. (Suthammanont, Victor)
|
|
Filing 104
ORDER GRANTING WITHDRAWAL OF APPEARANCE OF MARC D. POWERS: In accordance with Local Civil Rule 1.4, and upon consideration of the annexed affidavit, Marc D. Powers, of Baker & Hostetler LLP, is hereby withdrawn as counsel for Defendant Nathan Yeung. SO ORDERED., Attorney Marc Dennis Powers terminated. (Signed by Judge Vernon S. Broderick on 9/22/2019) (ama)
|
|
Filing 103
PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Nathan Yeung. (Powers, Marc)
|
|
Filing 102
LETTERS ROGATORY ISSUED September 172, 2019, as to Supremce Court of British Columbia in Vancouver, in the Province of British Columbia in Canada.Deposition from Almir Ramic and for the production of documents. (dt) Modified on 9/19/2019 (dt). Picked-up by Securities and Exchange Commission on September 19, 2019.
|
|
Filing 101
REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE (LETTER ROGATORY granting #100 Letter Motion for Discovery. The United States District Court for the Southern District of New York presents its compliments to the Supreme Court of British Columbia in Vancouver, in the Province of British Columbia, Canada, and requests judicial assistance to compel the attendance of a witness at anoral deposition and the production of documents to be used in a civil proceeding before this Court in the above-captioned matter. This Court requests the assistance described herein as necessary in the interests of justice and further set forth in this Order. (Signed by Judge Vernon S. Broderick on 9/17/2019) (rro) Transmission to Orders and Judgments Clerk for processing.
|
|
Filing 100
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Discovery Request for Judicial International Assistance (Letter Rogatory) addressed to Judge Vernon S. Broderick from Haimavathi V. Marlier dated 9/16/2019. Document filed by Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order Proposed Request for International Judicial Assistance (Letter Rogatory))(Marlier, Haimavathi) Modified on 12/4/2019 (db).
|
|
Filing 99
FINAL JUDGMENT AS TO DEFENDANT NATHAN YEUNG: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant is permanently restrained and enjoined from violating, directly or indirectly, Section 17(b) of the Securities Act of 1933 ("Securities Act") [15 U.S.C. 77q(b)] by the using any means or instruments of transportation or communication in interstate commerce or by using the mails, publishing, giving publicity to, or circulating notices, circulars, advertisements, newspapers, articles, letters, investment services, or communications which, though not purporting to offer securities for sale, describe such securities for a consideration received or to be received, directly or indirectly, from an issuer, underwriter, or dealer, without fully disclosing the receipt, past or prospective, of such consideration and the amount thereof. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant is liable for disgorgement of $30,000, representing profits gained as a result of the conduct alleged in the Complaint, together with prejudgment interest thereon in the amount of $8,276.05. Defendant shall satisfy this obligation by paying $25,000 to the Commission within 30 days after entry of this Final Judgment, and the remaining $13,276.05 to the Commission within 364 days after entry of this Final Judgment. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant shall pay a civil penalty in the amount of $75,000 to the Commission pursuant to Securities Act Section 20(d) and Exchange Act Section 21(d)(3). Defendant shall make this payment within 364 days after entry of this Final Judgment, as further set forth in this Order. Motions terminated: #98 MOTION to Approve Consent Judgment as to Defendant Nathan Yeung filed by Securities and Exchange Commission. Nathan Yeung terminated. (Signed by Judge Vernon S. Broderick on 8/28/2019) (mml)
|
|
Filing 98
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Approve Consent Judgment as to Defendant Nathan Yeung. Document filed by Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order Proposed Final Judgment as to Defendant Nathan Yeung)(Marlier, Haimavathi) Modified on 11/4/2019 (ldi).
|
|
Filing 97
JOINT LETTER addressed to Judge Vernon S. Broderick from Michael J. Quinn dated August 20, 2019 re: Discovery Dispute. Document filed by Contrarian Press, LLC, Scott S. Fraser. (Attachments: #1 Exhibit A)(Quinn, Michael)
|
|
Filing 96
ORDER granting #95 Letter Motion for Extension of Time to Answer re #1 Complaint, #62 Amended Complaint. APPLICATION GRANTED. SO ORDERED. (Nathan Yeung answer due 9/13/2019.) (Signed by Judge Vernon S. Broderick on 7/30/2019) (rro)
|
|
Filing 95
LETTER MOTION for Extension of Time to File Answer addressed to Judge Vernon S. Broderick from Marc D. Powers dated July 29, 2019. Document filed by Nathan Yeung.(Powers, Marc)
|
|
Filing 94
CASE MANAGEMENT ORDER AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. Depositions due by 3/31/2020. Fact Discovery due by 3/31/2020. All expert discovery, including disclosures, reports, production of underlying documents, and depositions shall be completed by 5/29/2020. All Discovery due by 5/29/2020. Status Conference set for 6/19/2020 at 10:30 AM before Judge Vernon S. Broderick. The parties have conferred and their present best estimate of the length of trial is 8 days. (Signed by Judge Vernon S. Broderick on 6/27/2019) (mro)
|
|
Minute Entry for proceedings held before Judge Vernon S. Broderick: Initial Pretrial Conference held on 6/27/2019. (Court Reporter Lisa Fellis) (msa)
|
|
Filing 93
INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Document filed by Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order Proposed Case Management Order and Scheduling Order)(Marlier, Haimavathi)
|
|
Filing 92
ORDER AND NOTICE OF INITIAL CONFERENCE: Initial Conference set for 6/27/2019 at 11:30 AM in Courtroom 518 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, NY 10007 before Judge Vernon S. Broderick. (Signed by Judge Vernon S. Broderick on 6/3/2019) (mro)
|
|
Filing 91
ORDER granting #90 Letter Motion for Extension of Time to Answer: APPLICATION GRANTED. (Nathan Yeung answer due 8/2/2019.) (Signed by Judge Vernon S. Broderick on 6/3/2019) (jwh)
|
|
Filing 90
LETTER MOTION for Extension of Time to File Answer addressed to Judge Vernon S. Broderick from Marc D. Powers dated May 30, 2019. Document filed by Nathan Yeung.(Powers, Marc)
|
|
Filing 89
ORDER terminating #87 Letter Motion for Conference. Accordingly, it is hereby: ORDERED that Defendant Yeung shall answer or otherwise respond to the amended complaint no later than June 3, 2019. I will schedule an initial pretrial conference after Defendant Yeung has responded to the amended complaint. The Clerk of Court is respectfully directed to terminate the open motion at Document 87. SO ORDERED. (Signed by Judge Vernon S. Broderick on 5/16/2019) (jca)
|
|
Set/Reset Deadlines: Nathan Yeung answer due 6/3/2019. (jca)
|
|
Filing 88
NOTICE OF APPEARANCE by Marc Dennis Powers on behalf of Nathan Yeung. (Powers, Marc)
|
|
Filing 87
LETTER MOTION for Conference addressed to Judge Vernon S. Broderick from TEJAL D. SHAH dated May 15, 2019. Document filed by Securities and Exchange Commission.(Shah, Tejal)
|
|
Filing 86
AMENDED ANSWER to #62 Amended Complaint. Document filed by Contrarian Press, LLC, Scott S. Fraser. (Quinn, Michael)
|
|
Filing 85
NOTICE of Proof of Service of Court's April 4th Order Granting Withdrawal as Attorney. Document filed by Nathan Yeung. (Gorman, Thomas)
|
|
Filing 84
ORDER granting #83 Motion to Withdraw as Attorney. ORDERED that the motion for Dorsey & Whitney, LLP to withdraw as counsel for Defendant Yeung is GRANTED. IT IS FURTHER ORDERED that, no later than May 4, 2019, Defendant Yeung shall file a letter providing a status update as to whether he has retained new counsel or plans to proceed pro se. IT IS FURTHER ORDERED that the deadline for Defendant Yeung to submit his answer is stayed sine die until further order from the Court. Former counsel for Defendant Yeung is directed to serve a copy of this order on Defendant Yeung, and to file proof of service on the docket no later than April 11, 2019. SO ORDERED. (Attorney Kimberly Frumkin and Thomas Orlo Gorman terminated.) (Signed by Judge Vernon S. Broderick on 4/4/2019) (rro)
|
|
Filing 83
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Thomas O. Gorman to Withdraw as Attorney . Document filed by Nathan Yeung. (Attachments: #1 Notice of Motion, #2 Memorandum in Support, #3 Affidavit Of Nathan Yeung)(Gorman, Thomas) Modified on 5/21/2019 (ldi).
|
|
Filing 82
ANSWER to #62 Amended Complaint. Document filed by Contrarian Press, LLC, Scott S. Fraser.(Quinn, Michael)
|
|
Filing 81
OPINION & ORDER: For the reasons stated above, Defendants' motions to dismiss are DENIED. The Clerk of Court is directed to terminate the open motions at Dkt. Nos. 65 and 68. SO ORDERED. (Signed by Judge Vernon S. Broderick on 3/13/2019) (ks)
|
|
Filing 80
LETTER addressed to Judge Vernon S. Broderick from Haimavathi V. Marlier dated 7/20/2018 re: Defendants' Notice of Supplemental Authority in Support of Motions to Dismiss. Document filed by Securities and Exchange Commission.(Marlier, Haimavathi)
|
|
Filing 79
JOINDER to join re: #78 Response to Motion . Document filed by Contrarian Press, LLC, Scott S. Fraser.(Quinn, Michael)
|
|
Filing 78
LETTER RESPONSE to Motion addressed to Judge Vernon S. Broderick from Tom Gorman dated 7/18/18 re: #65 MOTION to Dismiss The Amended Complaint With Prejudice. . Document filed by Nathan Yeung. (Gorman, Thomas)
|
|
Filing 77
MEMO ENDORSEMENT granting #76 Motion to Withdraw as Attorney. ENDORSEMENT: SO ORDERED. Attorney Andrew Matthew Calamari terminated. (Signed by Judge Vernon S. Broderick on 6/11/2018) (rro) Modified on 6/12/2018 (rro).
|
|
Filing 76
MOTION for Andrew M. Calamari to Withdraw as Attorney for Plaintiff Securities and Exchange Commission. Document filed by Securities and Exchange Commission.(Marlier, Haimavathi)
|
|
Filing 75
REPLY MEMORANDUM OF LAW in Support re: #68 MOTION to Dismiss . Plaintiff's Amended Complaint. Document filed by Nathan Yeung. (Gorman, Thomas)
|
|
Filing 74
REPLY MEMORANDUM OF LAW in Support re: #65 MOTION to Dismiss The Amended Complaint With Prejudice. . Document filed by Contrarian Press, LLC, Scott S. Fraser. (Quinn, Michael)
|
|
Filing 73
MEMORANDUM OF LAW in Opposition re: #68 MOTION to Dismiss ., #65 MOTION to Dismiss The Amended Complaint With Prejudice. . Document filed by Securities and Exchange Commission. (Marlier, Haimavathi)
|
|
Filing 72
ORDER granting #71 Letter Motion for Leave to File Excess Pages. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 3/16/2018) (anc)
|
|
Filing 71
LETTER MOTION for Leave to File Excess Pages addressed to Judge Vernon S. Broderick from Haimavathi V. Marlier dated 3/15/2018. Document filed by Securities and Exchange Commission.(Marlier, Haimavathi)
|
|
Filing 70
MEMORANDUM OF LAW in Support re: #68 MOTION to Dismiss . . Document filed by Nathan Yeung. (Gorman, Thomas)
|
|
Filing 69
NOTICE of Motion to Dismiss re: #68 MOTION to Dismiss .. Document filed by Nathan Yeung. (Gorman, Thomas)
|
|
Filing 68
MOTION to Dismiss . Document filed by Nathan Yeung.(Gorman, Thomas)
|
|
Filing 67
NOTICE of Request for Judicial Notice in Support of Motion to Dismiss re: #65 MOTION to Dismiss The Amended Complaint With Prejudice.. Document filed by Contrarian Press, LLC, Scott S. Fraser. (Attachments: #1 Exhibit One, #2 Exhibit Two)(Quinn, Michael)
|
|
Filing 66
MEMORANDUM OF LAW in Support re: #65 MOTION to Dismiss The Amended Complaint With Prejudice. . Document filed by Contrarian Press, LLC, Scott S. Fraser. (Quinn, Michael)
|
|
Filing 65
MOTION to Dismiss The Amended Complaint With Prejudice. Document filed by Contrarian Press, LLC, Scott S. Fraser.(Quinn, Michael)
|
|
Filing 64
ORDER granting #63 Letter Motion for Extension of Time APPLICATION GRANTED. SO ORDERED. Motions due by 3/5/2018. (Signed by Judge Vernon S. Broderick on 1/24/2018) (rj)
|
|
Set/Reset Deadlines: Responses due by 4/16/2018 Replies due by 5/7/2018. (rj)
|
|
Filing 63
LETTER MOTION for Extension of Time Proposing a Briefing Schedule regarding Plaintiff's Amended Complaint addressed to Judge Vernon S. Broderick from Thomas O. Gorman dated January 23, 2018. Document filed by Nathan Yeung.(Gorman, Thomas)
|
|
Filing 62
AMENDED COMPLAINT amending #1 Complaint against Contrarian Press, LLC, Scott S. Fraser, Nathan Yeung with JURY DEMAND.Document filed by Securities and Exchange Commission. Related document: #1 Complaint.(Marlier, Haimavathi)
|
|
Filing 61
LETTER addressed to Judge Vernon S. Broderick from Haimavathi V. Marlier dated 1/22/2018 re: Defendants' Written Consent to Commission Filing an Amended Complaint. Document filed by Securities and Exchange Commission.(Marlier, Haimavathi)
|
|
Filing 60
MEMORANDUM OF LAW in Support re: #58 MOTION to Dismiss Complaint. . Document filed by Nathan Yeung. (Gorman, Thomas)
|
|
Filing 59
NOTICE of Nathan Yeung's Motion to Dismiss re: #58 MOTION to Dismiss Complaint.. Document filed by Nathan Yeung. (Gorman, Thomas)
|
|
Filing 58
MOTION to Dismiss Complaint. Document filed by Nathan Yeung.(Gorman, Thomas)
|
|
Filing 57
NOTICE of Request for Judicial Notice in Support of Motion to Dismiss re: #55 MOTION to Dismiss Complaint With Prejudice.. Document filed by Contrarian Press, LLC, Scott S. Fraser. (Attachments: #1 Exhibit One, #2 Exhibit Two)(Quinn, Michael)
|
|
Filing 56
MEMORANDUM OF LAW in Support re: #55 MOTION to Dismiss Complaint With Prejudice. . Document filed by Contrarian Press, LLC, Scott S. Fraser. (Quinn, Michael)
|
|
Filing 55
MOTION to Dismiss Complaint With Prejudice. Document filed by Contrarian Press, LLC, Scott S. Fraser.(Quinn, Michael)
|
|
Filing 54
MEMO ENDORSEMENT on re: #52 Letter Response to the Courts October 4, 2017 Order (Doc. 51) Instructing Defendants to submit a proposed briefing schedule for Defendants motions to dismiss, filed by Scott S. Fraser, Contrarian Press, LLC. ENDORSEMENT: SO ORDERED. ( Motions due by 12/11/2017., Responses due by 2/9/2018) (Signed by Judge Vernon S. Broderick on 10/17/2017) (rj)
|
|
Filing 53
NOTICE OF APPEARANCE by Joshua Alan Dunn on behalf of Contrarian Press, LLC, Scott S. Fraser. (Dunn, Joshua)
|
|
Filing 52
LETTER addressed to Judge Vernon S. Broderick from Michael Quinn dated October 12, 2017 re: Response to the Courts October 4, 2017 Order (Doc. 51) Instructing Defendants to submit a proposed briefing schedule for Defendants motions to dismiss. Document filed by Contrarian Press, LLC, Scott S. Fraser.(Quinn, Michael)
|
|
Filing 51
ORDER: On September 29, 2017, I issued a decision denying Defendants Contrarian Press, LLC's and Scott S. Fraser's motion to dismiss for improper venue. (Doc. 50.) To the extent all Defendants still wish to file motions to dismiss under Federal Rule of Civil Procedure 12(b)(6), they are instructed to meet and confer with Plaintiff and submit a proposed briefing schedule to me on or before October 18, 2017. (Signed by Judge Vernon S. Broderick on 10/4/2017) (rj)
|
|
Filing 50
MEMORANDUM AND OPINION re: #37 MOTION to Dismiss based upon Improper Forum or, in the alternative, Motion to Transfer Venue. filed by Scott S. Fraser, Contrarian Press, LLC. For the reasons stated above, the moving Defendants' motion to dismiss for improper venue or, in the alternative, to transfer venue to the Southern District of California, is DENIED. The Clerk of Court is directed to terminate the open motion at Document 37. (Signed by Judge Vernon S. Broderick on 9/29/2017) (rj)
|
|
Filing 49
NOTICE OF CHANGE OF ADDRESS by Michael Quinn on behalf of Contrarian Press, LLC, Scott S. Fraser. New Address: Vedder Price P.C., 1925 Century Park East, #1900, Los Angeles, California, USA 90067, 424-204-7702. (Quinn, Michael)
|
|
Filing 48
NOTICE OF APPEARANCE by Justin Henry Roeber on behalf of Contrarian Press, LLC, Scott S. Fraser. (Roeber, Justin)
|
|
Filing 47
ORDER granting #36 Motion for Kimberly B. Frumkin to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (Broderick, Vernon)
|
|
Filing 46
REPLY MEMORANDUM OF LAW in Support re: #37 MOTION to Dismiss based upon Improper Forum or, in the alternative, Motion to Transfer Venue. REPLY MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTS SCOTT S. FRASER'S AND CONTRARIAN PRESS, LLC'S MOTION TO DISMISS FOR IMPROPER VENUE OR, ALTERNATIVELY, TO TRANSFER VENUE. Document filed by Contrarian Press, LLC, Scott S. Fraser. (Quinn, Michael)
|
|
Filing 45
REPLY AFFIDAVIT of Scott S. Fraser in Support re: #37 MOTION to Dismiss based upon Improper Forum or, in the alternative, Motion to Transfer Venue.. Document filed by Contrarian Press, LLC, Scott S. Fraser. (Quinn, Michael)
|
|
Filing 44
ORDER terminating #43 Letter Motion to Reopen. The current deadline in place for Defendant Yeung to answer or otherwise respond to the Complaint is adjourned until a ruling on the motion to dismiss for improper venue that is currently being briefed. All Defendants will be subject to the same briefing schedule. (Signed by Judge Vernon S. Broderick on 3/15/2017) (cla)
|
|
Filing 43
LETTER MOTION to Reopen re: #28 Order on Motion for Conference,,,, For Clarification of 01/03/17 Order addressed to Judge Vernon S. Broderick from Thomas O. Gorman dated 03/13/2017. Document filed by Nathan Yeung.(Gorman, Thomas)
|
|
Filing 42
DECLARATION of Joseph G. Darragh in Opposition re: #37 MOTION to Dismiss based upon Improper Forum or, in the alternative, Motion to Transfer Venue.. Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit Darragh Decl. Exhibit 1, #2 Exhibit Darragh Decl. Ex. 2)(Marlier, Haimavathi)
|
|
Filing 41
DECLARATION of Tejal D. Shah in Opposition re: #37 MOTION to Dismiss based upon Improper Forum or, in the alternative, Motion to Transfer Venue.. Document filed by Securities and Exchange Commission. (Marlier, Haimavathi)
|
|
Filing 40
MEMORANDUM OF LAW in Opposition re: #37 MOTION to Dismiss based upon Improper Forum or, in the alternative, Motion to Transfer Venue. . Document filed by Securities and Exchange Commission. (Marlier, Haimavathi)
|
|
Filing 39
DECLARATION of Michael J. Quinn in Support re: #37 MOTION to Dismiss based upon Improper Forum or, in the alternative, Motion to Transfer Venue.. Document filed by Contrarian Press, LLC, Scott S. Fraser. (Attachments: #1 Exhibit 1)(Quinn, Michael)
|
|
Filing 38
MEMORANDUM OF LAW in Support re: #37 MOTION to Dismiss based upon Improper Forum or, in the alternative, Motion to Transfer Venue. . Document filed by Contrarian Press, LLC, Scott S. Fraser. (Quinn, Michael)
|
|
Filing 37
MOTION to Dismiss based upon Improper Forum or, in the alternative, Motion to Transfer Venue. Document filed by Contrarian Press, LLC, Scott S. Fraser.(Quinn, Michael)
|
|
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #36 AMENDED MOTION for Kimberly B. Frumkin to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma)
|
|
Filing 36
AMENDED MOTION for Kimberly B. Frumkin to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Nathan Yeung. (Attachments: #1 Affidavit in support of motion for pro hac vice, #2 Text of Proposed Order, #3 Exhibit certificates of good standing)(Frumkin, Kimberly)
|
|
Filing 35
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Kimberly B. Frumkin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13324037. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Nathan Yeung. (Attachments: #1 Text of Proposed Order, #2 Exhibit Certificates of Good Standing)(Frumkin, Kimberly) Modified on 2/16/2017 (ma).
|
|
>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #35 MOTION for Kimberly B. Frumkin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13324037. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): MISSING AFFIDAVIT OR DECLARATION PURSUANT TO LOCAL RULE 1.3;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (ma)
|
|
Filing 34
ORDER granting #33 Letter Motion for Extension of Time to File Response/Reply. APPLICATION GRANTED. (Signed by Judge Vernon S. Broderick on 2/14/2017) (cla)
|
|
Filing 33
LETTER MOTION for Extension of Time to File Response/Reply as to #1 Complaint addressed to Judge Vernon S. Broderick from Thomas O. Gorman dated 2/13/17. Document filed by Nathan Yeung.(Gorman, Thomas)
|
|
Filing 32
AFFIDAVIT OF SERVICE of Summons and Complaint. Nathan Yeung served on 1/3/2017, answer due 1/24/2017. Service was made by Email and Mail. Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit Exhibit 1 Order, #2 Exhibit Exhibit 2 service email and letter, #3 Exhibit Exhibit 3 delivery notification)(Marlier, Haimavathi)
|
|
Filing 31
NOTICE OF APPEARANCE by Thomas Orlo Gorman on behalf of Nathan Yeung. (Gorman, Thomas)
|
|
Filing 30
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/22/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
|
|
Filing 29
TRANSCRIPT of Proceedings re: CONFERENCE held on 12/22/2016 before Judge Vernon S. Broderick. Court Reporter/Transcriber: Jennifer Thun, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/1/2017. Redacted Transcript Deadline set for 2/13/2017. Release of Transcript Restriction set for 4/11/2017.(McGuirk, Kelly)
|
|
Filing 28
ORDER granting #19 Letter Motion for Conference re proposed Motion for Alternate Service of Defendant Nathan Yeung. For the reasons stated at the December 22, 2016 conference, it is hereby: ORDERED that Plaintiff's request to authorize alternate service of Defendant Nathan Yeung under Federal Rule of Civil Procedure 4(f)(3) is granted. Plaintiff shall serve Defendant Yeung both by emailing Mr. Yeung at his previously identified email address and by emailing and serving by international mail Mr. Yeung's former counsel, H. Roderick Anderson of Harper Grey LLP, who previously represented Mr. Yeung during the Securities and Exchange Commission investigation that preceded this matter. IT IS FURTHER ORDERED that the following briefing schedule with respect to Defendants Scott Fraser's and Contrarian Press, LLC's motion to dismiss based on improper forum or, in the alternative, motion to transfer venue, shall apply: moving briefs to be submitted on February 17, 2017, opposition briefs to be submitted on March 10, 2017, and reply briefs to be submitted on March 24, 2017. (Signed by Judge Vernon S. Broderick on 1/3/2017) (cla)
|
|
Set/Reset Deadlines: Motions due by 2/17/2017. Responses due by 3/10/2017 Replies due by 3/24/2017. (cla)
|
|
Set/Reset Deadlines: Motions due by 2/17/2017. Responses due by 3/10/2017 Replies due by 3/24/2017. (msa)
|
|
Minute Entry for proceedings held before Judge Vernon S. Broderick: Pre-Motion Conference held on 12/22/2016. (msa)
|
|
Filing 27
LETTER RESPONSE to Motion addressed to Judge Vernon S. Broderick from Michael J. Quinn dated December 21, 2016 re: #19 LETTER MOTION for Conference re proposed Motion for Alternate Service of Defendant Nathan Yeung addressed to Judge Vernon S. Broderick from Haimavathi V. Marlier dated 12/1/2016. Letter in response to the Courts order dated December 20, 2016 (ECF No. 26) directing the Defendants to file a letter in response to Plaintiff SECs December 1, 2016 letter (ECF No. 19). Document filed by Contrarian Press, LLC, Scott S. Fraser. (Quinn, Michael)
|
|
Filing 26
ORDER: It is hereby: ORDERED that Defendants file a letter responding to Plaintiff's December 1, 2016 pre-motion letter, (Doc. 19), on or before December 21, 2016. (Signed by Judge Vernon S. Broderick on 12/20/2016) (cla) Modified on 1/30/2017 (cla).
|
|
Filing 25
NOTICE OF APPEARANCE by Tejal Deenesh Shah on behalf of Securities and Exchange Commission. (Shah, Tejal)
|
|
Filing 24
MEMO ENDORSEMENT on re: #23 Letter re: permission to participate in the December 22, 2016 conference via telephone, filed by Scott S. Fraser, Contrarian Press, LLC, ENDORSEMENT: APPLICATION GRANTED. The parties are directed to appear by telephone. Counsel for Defendants Scott Fraser and Contrarian Press, LLC shall contact Chambers no later than the close of business on December 21, 2016 and provide a single dial in number at which all counsel appearing telephonically may be reached. (Signed by Judge Vernon S. Broderick on 12/14/2016) (cla)
|
|
Filing 23
LETTER addressed to Judge Vernon S. Broderick from Michael J. Quinn dated December 12, 2016 re: permission to participate in the December 22, 2016 conference via telephone.. Document filed by Contrarian Press, LLC, Scott S. Fraser.(Quinn, Michael)
|
|
Set/Reset Hearings: The Pre-Motion Conference scheduled for 12/22/2016 will begin at 3:30 PM in Courtroom 518, 40 Centre Street, New York, NY 10007 before Judge Vernon S. Broderick. (msa)
|
|
Filing 22
MEMO ENDORSEMENT granting #21 Motion to Withdraw as Attorney. ENDORSEMENT: SO ORDERED. (Attorney Alexander Javad Janghorbani terminated). (Signed by Judge Vernon S. Broderick on 12/9/2016) (cla)
|
|
Filing 21
MOTION for Alexander Janghorbani to Withdraw as Attorney . Document filed by Securities and Exchange Commission.(Marlier, Haimavathi)
|
|
Filing 20
ORDER granting #15 Letter Motion for Conference. The parties are directed to appear for a pre-motion conference regarding all anticipated motions on December 22, 2016, at 10:00 a.m. in Courtroom 518 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. (Pre-Motion Conference set for 12/22/2016 at 10:00 AM in Courtroom 518, 40 Centre Street, New York, NY 10007 before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 12/6/2016) (cla)
|
|
Filing 19
LETTER MOTION for Conference re proposed Motion for Alternate Service of Defendant Nathan Yeung addressed to Judge Vernon S. Broderick from Haimavathi V. Marlier dated 12/1/2016. Document filed by Securities and Exchange Commission.(Marlier, Haimavathi)
|
|
Filing 18
LETTER addressed to Judge Vernon S. Broderick from Haimavathi V. Marlier dated 11/28/2016 re: Opposition to Defendants' Letter dated Nov. 21, 2016. Document filed by Securities and Exchange Commission.(Marlier, Haimavathi)
|
|
Filing 17
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Contrarian Press, LLC.(Quinn, Michael)
|
|
Filing 16
LETTER MOTION for Conference addressed to Judge Vernon S. Broderick from Michael J. Quinn dated November 21, 2016. Document filed by Contrarian Press, LLC.(Quinn, Michael)
|
|
Filing 15
LETTER MOTION for Conference addressed to Judge Vernon S. Broderick from Michael J. Quinn dated November 21, 2016. Document filed by Scott S. Fraser.(Quinn, Michael)
|
|
Filing 14
ORDER granting #13 Motion for Michael J. Quinn to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (Broderick, Vernon)
|
|
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #13 MOTION for Michael J. Quinn to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13000926. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
|
|
Filing 13
MOTION for Michael J. Quinn to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13000926. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Contrarian Press, LLC, Scott S. Fraser. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order)(Quinn, Michael)
|
|
Filing 12
WAIVER OF SERVICE RETURNED EXECUTED. Contrarian Press, LLC waiver sent on 9/20/2016, answer due 11/21/2016. Document filed by Securities and Exchange Commission. (Marlier, Haimavathi)
|
|
Filing 11
WAIVER OF SERVICE RETURNED EXECUTED. Scott S. Fraser waiver sent on 9/20/2016, answer due 11/21/2016. Document filed by Securities and Exchange Commission. (Marlier, Haimavathi)
|
|
Filing 10
NOTICE OF APPEARANCE by Haimavathi Varadan Marlier on behalf of Securities and Exchange Commission. (Marlier, Haimavathi)
|
|
Filing 9
ELECTRONIC SUMMONS ISSUED as to Nathan Yeung. (rch)
|
|
Filing 8
ELECTRONIC SUMMONS ISSUED as to Scott S. Fraser. (rch)
|
|
Filing 7
ELECTRONIC SUMMONS ISSUED as to Contrarian Press, LLC. (rch)
|
|
Filing 6
REQUEST FOR ISSUANCE OF SUMMONS as to Nathan Yeung, re: #1 Complaint. Document filed by Securities and Exchange Commission. (Janghorbani, Alexander)
|
|
Filing 5
REQUEST FOR ISSUANCE OF SUMMONS as to Scott S. Fraser, re: #1 Complaint. Document filed by Securities and Exchange Commission. (Janghorbani, Alexander)
|
|
Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to Contrarian Press, LLC, re: #1 Complaint. Document filed by Securities and Exchange Commission. (Janghorbani, Alexander)
|
|
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (rch)
|
|
***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Andrew Matthew Calamari. The following case opening statistical information was erroneously selected/entered: County code XX Out of State;. The following correction(s) have been made to your case entry: the County code has been modified to New York;. (rch)
|
|
Case Designated ECF. (rch)
|
|
Magistrate Judge Debra C. Freeman is so designated. (rch)
|
|
Filing 3
NOTICE OF APPEARANCE by Alexander Javad Janghorbani on behalf of Securities and Exchange Commission. (Janghorbani, Alexander)
|
|
Filing 2
CIVIL COVER SHEET filed. (Calamari, Andrew)
|
|
Filing 1
COMPLAINT against Contrarian Press, LLC, Scott S. Fraser, Nathan Yeung. Document filed by Securities and Exchange Commission.(Calamari, Andrew)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
