Securities and Exchange Commission v. Burns et al
Plaintiff: Securities and Exchange Commission
Defendant: Andrew Scherr, Alexander Burns, Alexander C. Burns and Andrew B. Scherr
Case Number: 1:2018cv09477
Filed: October 16, 2018
Court: US District Court for the Southern District of New York
Presiding Judge: Lorna G Schofield
Nature of Suit: Securities/Commodities
Cause of Action: 15 U.S.C. § 77
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 31, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 12, 2018 Opinion or Order Filing 11 ORDER granting #10 Letter Motion for Extension of Time to File. Application GRANTED. The initial pre-trial conference is adjourned from December 20, 2018, to January 17, 2019, at 10:30 A.M. The parties shall file their joint letter and proposed case management plan by January 10, 2019. No further extensions will be granted extenuating circumstances. (Signed by Judge Lorna G. Schofield on 12/12/18) (yv)
December 12, 2018 Opinion or Order Set/Reset Hearings: Initial Conference set for 1/17/2019 at 10:30 AM before Judge Lorna G. Schofield. (yv)
December 11, 2018 Opinion or Order Filing 10 LETTER MOTION for Extension of Time to File Joint Proposed Civil Case Managment Plan and Continue initial pre-trial conference addressed to Judge Lorna G. Schofield from Kevin P. McGrath dated December 11, 2018. Document filed by Securities and Exchange Commission.(McGrath, Kevin)
November 8, 2018 Opinion or Order Filing 9 LETTER addressed to Judge Lorna G. Schofield from Kevin P. McGrath dated November 8, 2018 re: Service of Court's 11.1.18 Order on counsel. Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit)(McGrath, Kevin)
November 1, 2018 Opinion or Order Filing 8 ORDER: Initial Conference set for 12/20/2018 at 10:30 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 11/1/2018) (cf)
October 26, 2018 Opinion or Order Filing 7 WAIVER OF SERVICE RETURNED EXECUTED. Andrew B. Scherr waiver sent on 10/17/2018, answer due 12/17/2018. Document filed by Securities and Exchange Commission. (McGrath, Kevin)
October 19, 2018 Opinion or Order Filing 6 JUDGMENT AS TO DEFENDANT ALEXANDER BURNS: 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: (a) to employ any device, scheme, or artifice to defraud; as further set forth in this Order. 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. Alexander C. Burns terminated. (Signed by Judge Lorna G. Schofield on 10/19/2018) (cf)
October 18, 2018 Opinion or Order Filing 5 LETTER addressed to Judge Lorna G. Schofield from Kevin P. McGrath dated October 18, 2018 re: Proposed Judgment as to Defendant Burns. Document filed by Securities and Exchange Commission.(McGrath, Kevin)
October 18, 2018 Opinion or Order Filing 4 PROPOSED JUDGMENT. Document filed by Securities and Exchange Commission. (Attachments: #1 Consent to Judgment) (McGrath, Kevin) Proposed Judgment to be reviewed by Clerk's Office staff.
October 18, 2018 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED JUDGMENT. Document No. #4 Proposed Judgment was reviewed and approved as to form. (dt)
October 17, 2018 Opinion or Order Filing 3 NOTICE OF APPEARANCE by Kevin Patrick McGrath on behalf of Securities and Exchange Commission. (McGrath, Kevin)
October 17, 2018 Opinion or Order ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Thomas Peter Smith. The party information for the following party/parties has been modified: Alexander C. Burns; Andrew B. Scherr. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (sj)
October 17, 2018 Opinion or Order ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Thomas Peter Smith. 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. (sj)
October 17, 2018 Opinion or Order 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. (sj)
October 17, 2018 Opinion or Order Case Designated ECF. (sj)
October 17, 2018 Opinion or Order Magistrate Judge Henry B. Pitman 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. (sj)
October 16, 2018 Opinion or Order Filing 2 CIVIL COVER SHEET filed. (Smith, Thomas)
October 16, 2018 Opinion or Order Filing 1 COMPLAINT against Alexander Burns, Andrew Scherr. Document filed by Securities and Exchange Commission.(Smith, Thomas)

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Defendant: Andrew Scherr
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Defendant: Alexander Burns
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Defendant: Alexander C. Burns
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Defendant: Andrew B. Scherr
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Plaintiff: Securities and Exchange Commission
Represented By: Thomas Peter Smith
Represented By: Kevin Patrick McGrath
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