Securities and Exchange Commisison v. Premier Holding Corporation et al
| Securities and Exchange Commisison |
| Premier Holding Corporation, Randall Letcavage and Joseph Greenblatt |
| 1:2017cv09485 |
| December 4, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Lorna G Schofield |
| Securities/Commodities |
| 15 U.S.C. § 77 Securities Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 21, 2018. A more recent docket listing may be available from PACER.
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| Filing 47 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/2/18 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 46 TRANSCRIPT of Proceedings re: CONFERENCE held on 5/2/2018 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Raquel Robles, (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 6/11/2018. Redacted Transcript Deadline set for 6/21/2018. Release of Transcript Restriction set for 8/20/2018.(McGuirk, Kelly) |
| Received e-mail from the United States District Court - Central District of California acknowledging receipt of transferred case. Assigned Case Number: 8:18-cv-00813, filed on 05/09/2018. (sjo) |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Central California. (ama) |
Filing 45
ORDER: granting in part and denying in part #29 Motion to Dismiss. ORDERED that Defendants' motion to dismiss the Complaint for improper venue pursuant to Federal Rule of Civil Procedure 12(b)(3) is DENIED. Defendants' motion to transfer the case to the Central District of California pursuant to 28 U.S.C. 1404(a) is GRANTED. It is further ORDERED that the parties need not file a status letter as set forth in paragraph 13(a) of the Order dated February 28, 2018. The Clerk of Court is respectfully directed to transfer this case to the Central District of California and to close the motion at Docket No. 29. (Signed by Judge Lorna G. Schofield on 5/02/2018) (ama)
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| Minute Entry for proceedings held before Judge Lorna G. Schofield: Oral Argument held on 5/2/2018 re: #29 MOTION to Dismiss based upon Improper Forum or, in the alternative, Motion to Transfer Venue. filed by Premier Holding Corporation, Randall Letcavage. (jcs) |
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Filing 44
ORDER: It is hereby ORDERED that the conference in this matter previously scheduled for May 2, 2018 at 11:50 a.m., is rescheduled to May 2, 2018 at 11:00 a.m., due to a scheduling conflict. (Oral Argument set for 5/2/2018 at 11:00 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 5/1/2018) (rro)
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| Filing 43 MEMO ENDORSEMENT on re: #42 Letter filed by Securities and Exchange Commission. ENDORSEMENT: APPLICATION GRANTED. (Signed by Judge Lorna G. Schofield on 5/1/2018) (kgo) |
| Filing 42 LETTER addressed to Judge Lorna G. Schofield from Howard Fischer, SEC dated April 30, 2018 re: Joint letter re status update. Document filed by Securities and Exchange Commisison.(Fischer, Howard) |
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Filing 41
ORDER. It is hereby ORDERED that the conference for an oral ruling on Defendants' motion to dismiss previously scheduled for April 26, 2018, is adjourned to May 2, 2018, at 11:50 a.m. The parties should be prepared to answer questions about the facts of the case, but need not prepare opening statements, which will not be permitted. (Oral Argument set for 5/2/2018 at 11:50 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 4/25/2018) (rjm)
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Filing 40
ORDER: It is hereby ORDERED that the conference in this matter previously scheduled for April 25, 2018 at 10:40 a.m., is adjourned to April 26, 2018 at 11:40 a.m., due to a scheduling conflict. (Oral Argument set for 4/26/2018 at 11:40 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 04/24/2018) (jcs)
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| Set/Reset Hearings: Oral Argument set for 4/26/2018 at 11:40 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. (jcs) |
| Filing 39 LETTER addressed to Judge Lorna G. Schofield from Anthony N. DeMint dated 04/23/2018 re: Response to SEC's Letter dated April 18, 2018. Document filed by Randall Letcavage, Premier Holding Corporation.(Demint, Anthony) |
| Filing 38 MEMO ENDORSEMENT on re: #37 Letter filed by Securities and Exchange Commission. ENDORSEMENT: Defendants shall file a response to this letter no later than April 23, 2018. (Signed by Judge Lorna G. Schofield on 4/19/2018) (kgo) |
| Filing 37 LETTER addressed to Judge Lorna G. Schofield from Howard Fischer, SEC dated April 18, 2018 re: Open discovery items. Document filed by Securities and Exchange Commisison. (Attachments: #1 Exhibit Email, #2 Exhibit Email)(Fischer, Howard) |
| Filing 36 DECLARATION of Randall Letcavage in Support re: #29 MOTION to Dismiss based upon Improper Forum or, in the alternative, Motion to Transfer Venue.. Document filed by Randall Letcavage, Premier Holding Corporation. (Demint, Anthony) |
| Filing 35 REPLY MEMORANDUM OF LAW in Support re: #29 MOTION to Dismiss based upon Improper Forum or, in the alternative, Motion to Transfer Venue. . Document filed by Randall Letcavage, Premier Holding Corporation. (Demint, Anthony) |
| Filing 34 DECLARATION of Bennett Ellenbogen in Opposition re: #29 MOTION to Dismiss based upon Improper Forum or, in the alternative, Motion to Transfer Venue.. Document filed by Securities and Exchange Commisison. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J)(Fischer, Howard) |
| Filing 33 DECLARATION of Howard Fischer in Opposition re: #29 MOTION to Dismiss based upon Improper Forum or, in the alternative, Motion to Transfer Venue.. Document filed by Securities and Exchange Commisison. (Fischer, Howard) |
| Filing 32 MEMORANDUM OF LAW in Opposition re: #29 MOTION to Dismiss based upon Improper Forum or, in the alternative, Motion to Transfer Venue. . Document filed by Securities and Exchange Commisison. (Fischer, Howard) |
| Filing 31 DECLARATION of Darryl C. Sheetz in Support re: #29 MOTION to Dismiss based upon Improper Forum or, in the alternative, Motion to Transfer Venue.. Document filed by Randall Letcavage, Premier Holding Corporation. (Demint, Anthony) |
| Filing 30 MEMORANDUM OF LAW in Support re: #29 MOTION to Dismiss based upon Improper Forum or, in the alternative, Motion to Transfer Venue. . Document filed by Randall Letcavage, Premier Holding Corporation. (Demint, Anthony) |
| Filing 29 MOTION to Dismiss based upon Improper Forum or, in the alternative, Motion to Transfer Venue. Document filed by Randall Letcavage, Premier Holding Corporation.(Demint, Anthony) |
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Filing 28
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Fact Discovery due by 6/28/2018. Deposition due by 6/29/2018. Expert Discovery due by 8/13/2018. This case is to be tried to a jury. Best estimate of the length of trial is 2 1/2 weeks. Case Management Conference set for 8/29/2018 at 10:30 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 2/28/2018) (ap)
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Filing 27
ORDER: ORDERED that Defendants' motion to dismiss is due on March 16, 2018. Plaintiff's opposition is due on April 6, 2018, and Defendants' reply is due on April 13, 2018. It is further ORDERED that a conference will be held on April 25, 2018, at 10:40 a.m., for an oral ruling on the motion. The parties may attend this conference by phone. Any parties wishing to appear by phone shall call Chambers jointly at (212) 805-0288 at the appointed date and time, ( Motions due by 3/16/2018., Responses due by 4/6/2018, Replies due by 4/13/2018., Oral Argument set for 4/25/2018 at 10:40 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 2/28/2018) (ama)
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| Minute Entry for proceedings held before Judge Lorna G. Schofield: Initial Pretrial Conference held on 2/28/2018. (jcs) |
| Filing 26 MEMO ENDORSEMENT on re: #24 Letter, filed by Premier Holding Corporation, Randall Letcavage. ENDORSEMENT: Application GRANTED. Any parties wishing to appear by phone shall call Chambers jointly at (212) 805-0288 at the appointed date and time. (Signed by Judge Lorna G. Schofield on 2/26/2018) (mro) |
| Filing 25 LETTER RESPONSE to Motion addressed to Judge Lorna G. Schofield from Howard A. Fischer, SEC dated February 26, 2016 re: #18 LETTER MOTION for Conference pre-motion to dismiss based on improper forum addressed to Judge Lorna G. Schofield from Anthony N. DeMint dated 02/15/2018. . Document filed by Securities and Exchange Commisison. (Fischer, Howard) |
| Filing 24 LETTER addressed to Judge Lorna G. Schofield from Anthony N. DeMint dated 2/23/2018 re: permission to participate in the February 28, 2018 conference via telephone.. Document filed by Randall Letcavage, Premier Holding Corporation.(Demint, Anthony) |
| Filing 23 INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Joint Letter Document filed by Securities and Exchange Commisison. (Attachments: #1 Supplement Proposed Civil Case Management Plan)(Ellenbogen, Bennett) |
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Filing 22
ORDER granting #21 Letter Motion for Extension of Time. Application GRANTED. The deadline for the SEC to respond to Defendants' pre-motion letter is extended to February 26, 2018, at noon. (Signed by Judge Lorna G. Schofield on 2/20/2018) (kgo)
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| Set/Reset Deadlines: Responses due by 2/26/2018 (kgo) |
| Filing 21 LETTER MOTION for Extension of Time addressed to Judge Lorna G. Schofield from Howard Fischer, SEC dated February 16, 2018. Document filed by Securities and Exchange Commisison.(Fischer, Howard) |
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Filing 20
ORDER terminating #18 Letter Motion for Conference. This premotion letter is construed as an application to extend the deadline to respond to the complaint, which is extended sine die. The SEC shall file a response by February 22, 2018, and shall consult with Defendants and include a joint proposed briefing schedule in the response. This proposed motion will be discussed at the February 28, 2018, initial pretrial conference. (Signed by Judge Lorna G. Schofield on 2/16/2018) (ras)
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| Set/Reset Deadlines: Responses due by 2/22/2018. (ras) |
| Filing 19 LETTER MOTION for Conference re: #18 LETTER MOTION for Conference pre-motion to dismiss based on improper forum addressed to Judge Lorna G. Schofield from Anthony N. DeMint dated 02/15/2018. LETTER MOTION addressed to Judge Lorna G. Schofield from Anthony N. DeMint dated 02/15/2018. Document filed by Premier Holding Corporation.(Demint, Anthony) |
| Filing 18 LETTER MOTION for Conference pre-motion to dismiss based on improper forum addressed to Judge Lorna G. Schofield from Anthony N. DeMint dated 02/15/2018. Document filed by Randall Letcavage.(Demint, Anthony) |
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Filing 17
ORDER granting #14 Motion for Anthony Nero DeMint to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
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Filing 16
ORDER granting in part and denying in part #15 Letter Motion for Extension of Time to Answer. Application GRANTED in part. The deadline to respond to the complaint is extended to February 16, 2018. The initial pretrial conference is adjourned to February 28, 2018, at 10:40 a.m. (Signed by Judge Lorna G. Schofield on 2/2/2018) (kgo)
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| Set/Reset Deadlines: Randall Letcavage answer due 2/16/2018; Premier Holding Corporation answer due 2/16/2018., Set/Reset Hearings:( Initial Conference set for 2/28/2018 at 10:40 AM before Judge Lorna G. Schofield.) (kgo) |
| Filing 15 LETTER MOTION for Extension of Time to File Answer and adjourn conference addressed to Judge Lorna G. Schofield from Anthony N. DeMint dated 02/01/2018. Document filed by Randall Letcavage, Premier Holding Corporation.(Demint, Anthony) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #14 MOTION for Anthony Nero DeMint to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14636099. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 14 MOTION for Anthony Nero DeMint to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14636099. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Randall Letcavage, Premier Holding Corporation.(Demint, Anthony) |
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Filing 13
ORDER granting #12 Letter Motion to Adjourn Conference. Application GRANTED. The initial pretrial conference is adjourned to February 14, 2018, at 10:50 a.m. Initial Conference set for 2/14/2018 at 10:50 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 1/11/2018) (kgo)
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| Filing 12 LETTER MOTION to Adjourn Conference addressed to Judge Lorna G. Schofield from Howard A. Fischer, SEC dated January 11, 2018. Document filed by Securities and Exchange Commisison.(Fischer, Howard) |
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Filing 11
ORDER: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court at the time and place listed below. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. Parties who are not local (within the Metropolitan tri-state area) may request to attend by phone by filing a letter motion via ECF. Any open legal issues can be addressed at the conference Initial Conference set for 1/17/2018 at 11:40 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 12/7/2017) (js)
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| Filing 10 ELECTRONIC SUMMONS ISSUED as to Premier Holding Corporation. (pc) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Joseph Greenblatt. (pc) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Randall Letcavage. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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. (pc) |
| Magistrate Judge Robert W. Lehrburger is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pc) |
| Case Designated ECF. (pc) |
| Filing 7 NOTICE OF APPEARANCE by Bennett Ellenbogen on behalf of Securities and Exchange Commisison. (Ellenbogen, Bennett) |
| Filing 6 NOTICE OF APPEARANCE by Howard A. Fischer on behalf of Securities and Exchange Commisison. (Fischer, Howard) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Joseph Greenblatt, re: #1 Complaint. Document filed by Securities and Exchange Commisison. (Wadhwa, Sanjay) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Premier Holding Corp., re: #1 Complaint. Document filed by Securities and Exchange Commisison. (Wadhwa, Sanjay) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Randall Letcavage, re: #1 Complaint. Document filed by Securities and Exchange Commisison. (Wadhwa, Sanjay) |
| Filing 2 CIVIL COVER SHEET filed. (Wadhwa, Sanjay) |
| Filing 1 COMPLAINT against Joseph Greenblatt, Randall Letcavage, Premier Holding Corporation. Document filed by Securities and Exchange Commisison.(Wadhwa, Sanjay) |
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