United States Securities and Exchange Commission v. Collins et al
| Securities and Exchange Commission and United States Securities and Exchange Commission |
| Christopher Collins, Stephen Zarsky and Cameron Collins |
| UNITED STATES OF AMERICA |
| 1:2018cv07128 |
| August 8, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Erie |
| Katherine Polk Failla |
| Securities/Commodities |
| 15 U.S.C. § 77 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 11, 2019. A more recent docket listing may be available from PACER.
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Filing 41
FINAL JUDGMENT AS TO DEFENDANT STEPHEN ZARSKY: The Securities and Exchange Commission having filed a Complaint, and Defendant Stephen Zarsky having entered a general appearance; consented to the Court's jurisdiction over Defendant and the subject matter of this action; consented to entry of this Final Judgment; waived findings of fact and conclusions of law; and waived any right to appeal from this Final Judgment: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant is permanently restrained and enjoined from violating, directly or indirectly, Section 10(b) of the Securities Exchange Act of 1934 (the Exchange Act) [15 U.S.C. 78j(b)] and Rule 10b-5 promulgated thereunder [17 C.F.R. 240.10b-5], by using any means or instrumentality of interstate commerce, or of the mails, or of any facility of any national securities exchange, in connection with the purchase or sale of any security: to employ any device, scheme, or artifice to defraud; to make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading; or to engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as provided in Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also binds the following who receive actual notice of this Final Judgment by personal service or otherwise: (a) Defendant's officers, agents, servants, employees, and attorneys; and (b) other persons in active concert or participation with Defendant or with anyone described in (a). IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant is liable for disgorgement of $143,900, representing losses avoided as a result of the conduct alleged in the Complaint, together with prejudgment interest thereon in the amount of $15,980. Defendant shall satisfy this obligation by paying $159,880 to the Securities and Exchange Commission within 30 days after entry of this Final Judgment. Defendant may transmit payment electronically to the Commission, which will provide detailed ACH transfer/Fedwire instructions upon request. Payment may also be made directly from a bank account via Pay.gov through the SEC website at http://www.sec.gov/about/offices/ofm.htm. Defendant may also pay by certified check, bank cashier's check, or United States postal money order payable to the Securities and Exchange Commission, which shall be delivered or mailed to: Enterprise Services Center, Accounts Receivable Branch, 6500 South MacArthur Boulevard, Oklahoma City, OK 73169 and shall be accompanied by a letter identifying the case title, civil action number, and name of this Court; Stephen Zarsky as a defendant in this action; and specifying that payment is made pursuant to this Final Judgment. Defendant shall simultaneously transmit photocopies of evidence of payment and case identifying information to the Commission's counsel in this action. By making this payment, Defendant relinquishes all legal and equitable right, title, and interest in such funds and no part of the funds shall be returned to Defendant. The Commission shall send the funds paid pursuant to this Final Judgment to the United States Treasury. The Commission may enforce the Court's judgment for disgorgement and prejudgment interest by moving for civil contempt (and/or through other collection procedures authorized by law) at any time after 30 days following entry of this Final Judgment. Defendant shall pay post judgment interest on any delinquent amounts pursuant to 28 U.S.C. 1961. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Consent is incorporated herein with the same force and effect as if fully set forth herein, and that Defendant shall comply with all of the undertakings and agreements set forth therein. (Stephen Zarsky terminated.) (Signed by Judge Katherine Polk Failla on 12/10/2019) (rro)
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Filing 40
FINAL JUDGMENT AS TO DEFENDANT CAMERON COLLINS: The Securities and Exchange Commission having filed a Complaint, and Defendant Cameron Collins ("Defendant") having entered a general appearance; consented to the Court's jurisdiction over Defendant and the subject matter of this action; consented to entry of this Final Judgment; waived findings of fact and conclusions of law; and waived any right to appeal from this Final Judgment: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant is permanently restrained and enjoined from violating, directly or indirectly, Section 10(b) of the Securities Exchange Act of 1934 (the "Exchange Act") [15 US. C. 78j(b)] and Rule 10b-5 promulgated thereunder [17 C.F.R. 240.l0b-5], by using any means or instrumentality of interstate commerce, or of the mails, or of any facility of any national securities exchange, in connection with the purchase or sale of any security: to employ any device, scheme, or artifice to defraud; to make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading; to engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as provided in Federal Rule of Civil Procedure 65( d)(2), the foregoing paragraph also binds the following who receive actual notice of this Final Judgment by personal service or otherwise: (a) Defendant's officers, agents, servants, employees, and attorneys; and (b) other persons in active concert or participation with Defendant or with anyone described in (a). I IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant is liable for disgorgement of $570,900, representing losses avoided as a result of the conduct alleged in the Complaint, together with prejudgment interest thereon in the amount of $63,399. Defendant shall satisfy this obligation by paying $634,299 to the Securities and Exchange Commission within 30 days after entry of this Final Judgment. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Consent is incorporated herein with the same force and effect as if fully set forth herein, and that Defendant shall comply with all of the undertakings and agreements set forth therein. 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. There being no just reason for delay, pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, the Clerk is ordered to enter this Final Judgment forthwith and without further notice. (Cameron Collins terminated.) (Signed by Judge Katherine Polk Failla on 12/10/2019) (rro)
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Filing 39
FINAL JUDGMENT AS TO DEFENDANT CHRISTOPHER COLLINS: The Securities and Exchange Commission having filed a Complaint, and Defendant Christpher Collins having entered a general appearance; consented to the Court's jurisdiction over Defendant and the subject matter of this action; consented to entry of this Final Judgment; waived findings of fact and conclusions of law; and waived any right to appeal from this Final Judgment. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Consent is incorporated herein with the same force and effect as if fully set forth herein, and that Defendant shall comply with all of the undertakings and agreements set forth therein. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, for purposes of exceptions to discharge set forth in Section 523 of the Bankruptcy Code [11 U.S.C. 523], the allegations in the complaint are true and admitted by Defendant, and further, any debt for disgorgement, prejudgment interest, civil penalty or other amounts due by Defendant under this Final Judgment or any other judgment, order, consent order, decree or settlement agreement entered in connection with this proceeding, is a debt for the violation by Defendant of the federal securities laws or any regulation or order issued under such laws, as set forth in Section 523(a)(19) of the Bankruptcy Code [11 U.S.C. 523(a)(19)]. 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 There being no just reason for delay, pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, the Clerk is ordered to enter this Final Judgment forthwith and without further notice and further set forth in this Order. (Christopher Collins terminated. Motions terminated: #38 CONSENT MOTION for Judgment filed by United States Securities and Exchange Commission. (Signed by Judge Katherine Polk Failla on 12/10/2019) (rro)
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| Filing 38 CONSENT MOTION for Judgment . Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit Consent of Christopher Collins, #2 Exhibit Proposed Judgment as to Christopher Collins, #3 Exhibit Consent of Cameron Collins, #4 Exhibit Proposed Judgment as to Cameron Collins, #5 Exhibit Consent of Stephen Zarsky, #6 Exhibit Proposed Judgment as to Stephen Zarsky)(Armstrong, Melissa) |
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Filing 37
ORDER granting #36 Motion to Withdraw as Attorney. Upon the Plaintiff's Motion to Withdraw Appearance of Counsel, IT IS ORDERED that the Motion is GRANTED, and Cheryl L. Crumpton is WITHDRAWN as attorney for plaintiff United States Securities and Exchange Commission. Plaintiff will continue to be represented in this matter by its remaining counsel of record. Attorney Cheryl L. Crumpton terminated. (Signed by Judge Katherine Polk Failla on 6/24/2019) (jca)
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| Filing 36 MOTION for Cheryl L. Crumpton to Withdraw as Attorney . Document filed by United States Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order)(Crumpton, Cheryl) |
| Filing 35 NOTICE OF CHANGE OF ADDRESS by Jonathan Adam Forman on behalf of Christopher Collins. New Address: Baker & Hostetler LLP, 45 Rockefeller Plaza, New York, New York, 10111, 212-589-4200. (Forman, Jonathan) |
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Filing 34
PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...This confidentiality agreement does not bind the Court or any of its personnel. The Court will retain jurisdiction over the terms and conditions of this agreement only for the pendency of this litigation. Any party wishing to make redacted or sealed submissions shall comply with Rule 6(A) of this Court's Individual Rules of Civil Procedure. SO ORDERED. (Signed by Judge Katherine Polk Failla on 1/3/2019) (rro)
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| Filing 33 CONSENT MOTION for Protective Order With Respect to Sensitive Personal Information. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order)(Crumpton, Cheryl) |
| Case Stayed (rro) |
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Filing 32
ORDER granting #29 Motion to Intervene. ORDERED that the Government's motion to intervene is GRANTED. Proceedings in this action are stayed in their entirety, except that during the pendency of the Criminal Action, the SEC shall produce to the defendants the following categories of documents obtained by the SEC prior to the institution of this action, in connection with the investigation leading to the SEC's filing of this action, subject to the limitations set forth in Paragraph 2 and to any applicable privileges(the "Permitted Discovery") and further set forth in this Order. All discovery beyond the Permitted Discovery is hereby stayed, including,for avoidance of doubt, all depositions, interrogatories, third-party discovery, and other forms of party discovery. SO ORDERED. (Signed by Judge Katherine Polk Failla on 11/9/2018) (rro)
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| Filing 31 NOTICE OF APPEARANCE by Scott Andrew Hartman on behalf of UNITED STATES OF AMERICA. (Hartman, Scott) |
| Filing 30 MEMORANDUM OF LAW in Support re: #29 CONSENT MOTION to Intervene and for Partial Stay. . Document filed by UNITED STATES OF AMERICA. (Attachments: #1 Exhibit Proposed Order)(Nicholas, Max) |
| Filing 29 CONSENT MOTION to Intervene and for Partial Stay. Document filed by UNITED STATES OF AMERICA.(Nicholas, Max) |
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Filing 28
MEMO ENDORSEMENT on re: #27 Letter, filed by Stephen Zarsky. ENDORSEMENT: Application GRANTED. Defendants' response to the Complaint is now due on or before November 23, 2018. The pretrial conference currently scheduled for November 12, 2018 is hereby ADJOURNED until December 27 at 10:00 a.m. SO ORDERED.(Cameron Collins answer due 11/23/2018; Christopher Collins answer due 11/23/2018; Stephen Zarsky answer due 11/23/2018., Initial Conference set for 12/27/2018 at 10:00 AM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 10/5/2018) (jca)
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| Filing 27 LETTER addressed to Judge Katherine Polk Failla from Mauro M. Wolfe dated October 5, 2018 re: request a forty-five-day extension of time to file their Answer and an adjournment of the pretrial conference to a date to be set by the Court. Document filed by Stephen Zarsky.(Wolfe, Mauro) |
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Filing 26
ORDER granting #18 Motion for Carolyn Welshhans to Appear Pro Hac Vice. (Signed by Judge Katherine Polk Failla on 8/28/2018) (rro)
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Filing 25
ORDER granting #24 Motion for Jonathan R. Barr to Appear Pro Hac Vice. (Signed by Judge Katherine Polk Failla on 8/28/2018) (rro)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #24 MOTION for Jonathan R. Barr to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15499419. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 24 MOTION for Jonathan R. Barr to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15499419. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Christopher Collins. (Attachments: #1 Affidavit of Jonathan Barr in Support of Motion for Pro Hac Vice, #2 Exhibit 1 - Virginia Certificate of Good Standing, #3 Exhibit 2 - District of Columbia Certificate of Good Standing, #4 Text of Proposed Order for Admission Pro Hac Vice)(Barr, Jonathan) |
| Filing 23 CERTIFICATE OF SERVICE of Notice of Initial Pretrial Conference and Court's Individual Rules of Practice served on all Defendants on 08/27/2018. Document filed by United States Securities and Exchange Commission. (Armstrong, Melissa) |
| Filing 22 NOTICE OF APPEARANCE by Kendall Eugene Wangsgard on behalf of Christopher Collins. (Wangsgard, Kendall) |
| Filing 21 NOTICE OF APPEARANCE by Jonathan Brian New on behalf of Christopher Collins. (New, Jonathan) |
| Filing 20 NOTICE OF APPEARANCE by Jonathan Adam Forman on behalf of Christopher Collins. (Forman, Jonathan) |
| Filing 19 WAIVER OF SERVICE RETURNED EXECUTED. Christopher Collins waiver sent on 8/10/2018, answer due 10/9/2018. Document filed by United States Securities and Exchange Commission. (Armstrong, Melissa) |
| Filing 18 MOTION for Carolyn Welshhans to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Affidavit, #2 Exhibit, #3 Text of Proposed Order)(Welshhans, Carolyn) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #18 MOTION for Carolyn Welshhans 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. (wb) |
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Filing 17
ORDER granting #16 Motion for Patrick S. Brown to Appear Pro Hac Vice. (Signed by Judge Katherine Polk Failla on 8/24/2018) (rro)
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| Filing 16 MOTION for Patrick Scribner Brown to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15486191. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Cameron Collins. (Attachments: #1 Affidavit Affidavit of Patrick S. Brown, #2 Exhibit Maryland Certificate of Good Standing, #3 Exhibit District of Columbia Certificate of Good Standing, #4 Text of Proposed Order Proposed Order)(Brown, Patrick) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #16 MOTION for Patrick Scribner Brown to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15486191. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 15 NOTICE OF APPEARANCE by Rebecca Monck Ricigliano on behalf of Cameron Collins. (Ricigliano, Rebecca) |
| Filing 14 NOTICE OF APPEARANCE by Thomas Andrew Hanusik on behalf of Cameron Collins. (Hanusik, Thomas) |
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Filing 13
NOTICE OF INITIAL PRETRIAL CONFERENCE: 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 on November 12, 2018 at 10:30am, in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, and as further set forth in this Order. So ordered. (Initial Conference set for 11/12/2018 at 10:30 AM in Courtroom 618, U.S. Courthouse, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla). (Signed by Judge Katherine Polk Failla on 8/20/2018) (rjm)
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| Filing 12 WAIVER OF SERVICE RETURNED EXECUTED. Stephen Zarsky waiver sent on 8/14/2018, answer due 10/15/2018. Document filed by United States Securities and Exchange Commission. (Armstrong, Melissa) |
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Filing 11
ORDER FOR ADMISSION PRO HAC VICE granting #9 Motion for Cheryl L. Crumpton to Appear Pro Hac Vice. (Signed by Judge Katherine Polk Failla on 8/15/2018) (anc)
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| Filing 10 WAIVER OF SERVICE RETURNED EXECUTED. Cameron Collins waiver sent on 8/10/2018, answer due 10/9/2018. Document filed by United States Securities and Exchange Commission. (Armstrong, Melissa) |
| Filing 9 AMENDED MOTION for Cheryl L. Crumpton to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Affidavit of Cheryl L. Crumpton, #2 Exhibit -DC bar certificate of good standing, #3 Exhibit -Texas Supreme Court certificate of good standing, #4 Text of Proposed Order)(Crumpton, Cheryl) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #8 MOTION for Cheryl L. Crumpton to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Texas;. Re-file the motion as a 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.. (wb) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #9 AMENDED MOTION for Cheryl L. Crumpton 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. (bcu) |
| Filing 8 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Cheryl L. Crumpton to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Affidavit of Cheryl L. Crumpton, #2 Exhibit DC Bar Certificate of Good Standing, #3 Exhibit Texas Bar Certificate of Good Standing, #4 Text of Proposed Order)(Crumpton, Cheryl) Modified on 8/14/2018 (wb). |
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Filing 7
ORDER FOR ADMISSION PRO HAC VICE granting #6 Motion for Melissa J. Armstrong to Appear Pro Hac Vice. It is hereby ORDERED that Applicant is admitted to practice pro hac vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. SO ORDERED. (Signed by Judge Katherine Polk Failla on 8/10/2018) (mml)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #6 MOTION for Melissa J. Armstrong 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. (wb) |
| Filing 6 MOTION for Melissa J. Armstrong to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by United States Securities and Exchange Commission.(Armstrong, Melissa) |
| Filing 5 NOTICE OF APPEARANCE by Mauro Michael Wolfe on behalf of Stephen Zarsky. (Wolfe, Mauro) |
| Filing 4 NOTICE OF APPEARANCE by Amanda Bassen on behalf of Stephen Zarsky. (Bassen, Amanda) |
| Filing 3 CIVIL COVER SHEET filed. (Cohen, Robert) |
| Case Designated ECF. (pne) |
| Magistrate Judge Kevin Nathaniel Fox 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. (pne) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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. (pne) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Robert Alan Cohen. The following case opening statistical information was erroneously selected/entered: Jurisdiction code 3 (Federal Question); County code New York. The following corrections have been made to your case entry: the Jurisdiction code has been modified to 1 (U.S. Government Plaintiff); the County code has been modified to Erie. (pne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Robert Alan Cohen to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reasons: plaintiff name contains a typographical error; name must be entered as it appears on the pleading. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (pne) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Robert Alan Cohen. The party information for the following party has been modified: United States Securities and Exchange Commission. The information for the party has been modified for the following reason: party name contained a typographical error. (pne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Robert Alan Cohen to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reasons: party name was modified due to a typographical error; the name of the filer is incorrect on the docket entry. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pne) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Cohen, Robert) Modified on 8/9/2018 (pne). |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - COMPLAINT against Cameron Collins, Christopher Collins, Stephen Zarsky. Document filed by Securities and Exchange Commission.(Cohen, Robert) Modified on 8/9/2018 (pne). |
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