United States Securities and Exchange Commission v. Milton
Plaintiff: U.S. Securities and Exchange Commission and United States Securities and Exchange Commission
Defendant: Trevor R. Milton
Intervenor: UNITED STATES OF AMERICA
Case Number: 1:2021cv06445
Filed: July 29, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Alvin K Hellerstein
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 August 8, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 3, 2021 Opinion or Order Filing 38 ORDER FOR ADMISSION PRO HAC VICE granting #6 Motion for Sarah S. Mallett to Appear Pro Hac Vice. The motion of Sarah S. Mallett, for admission to practice Pro Hac Vice in the above captioned action is granted. 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. (Signed by Judge Alvin K. Hellerstein on 9/3/21) (yv)
September 3, 2021 Opinion or Order Filing 37 ORDER FOR ADMISSION PRO HAC VICE granting #5 Motion for Rebecca R. Fike to Appear Pro Hac Vice. The motion of Rebecca R. Fike, for admission to practice Pro Hac Vice in the above-captionedaction is granted. 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. (Signed by Judge Alvin K. Hellerstein on 9/3/21) (yv)
September 3, 2021 Opinion or Order Filing 36 ORDER FOR ADMISSION PRO HAC VICE granting #4 Motion for Keefe M. Bernstein to Appear Pro Hac Vice. The motion of Keefe M. Bernstein, for admission to practice Pro Hac Vice in the above captioned action is granted. 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. (Signed by Judge Alvin K. Hellerstein on 9/3/21) (yv)
August 31, 2021 Opinion or Order Filing 35 ***SELECTED PARTIES***DECLARATION of Dr. Andrew Petersen in Support re: #21 MOTION to Dismiss or, in the Alternative, Transfer Venue., #32 MOTION for Leave to File Declaration Under Seal.. Document filed by Trevor R. Milton, United States Securities and Exchange Commission. Motion or Order to File Under Seal: #32 .(Healy, Terence)
August 31, 2021 Opinion or Order Filing 34 ***SELECTED PARTIES***DECLARATION of Chelsey Milton in Support re: #21 MOTION to Dismiss or, in the Alternative, Transfer Venue., #32 MOTION for Leave to File Declaration Under Seal.. Document filed by Trevor R. Milton, United States Securities and Exchange Commission. Motion or Order to File Under Seal: #32 .(Healy, Terence)
August 31, 2021 Opinion or Order Filing 33 MEMORANDUM OF LAW in Support re: #32 MOTION for Leave to File Declaration Under Seal. . Document filed by Trevor R. Milton..(Healy, Terence)
August 31, 2021 Opinion or Order Filing 32 MOTION for Leave to File Declaration Under Seal. Document filed by Trevor R. Milton..(Healy, Terence)
August 31, 2021 Opinion or Order Filing 31 DECLARATION of Bradley J Bondi in Support re: #21 MOTION to Dismiss or, in the Alternative, Transfer Venue.. Document filed by Trevor R. Milton..(Healy, Terence)
August 31, 2021 Opinion or Order Filing 30 REPLY MEMORANDUM OF LAW in Support re: #21 MOTION to Dismiss or, in the Alternative, Transfer Venue. . Document filed by Trevor R. Milton..(Healy, Terence)
August 31, 2021 Opinion or Order Filing 29 REPLY MEMORANDUM OF LAW in Support re: #13 MOTION to Intervene and for a Full Stay. . Document filed by UNITED STATES OF AMERICA..(Roos, Nicolas)
August 26, 2021 Opinion or Order Filing 28 DECLARATION of Sarah S. Mallett in Opposition re: #21 MOTION to Dismiss or, in the Alternative, Transfer Venue.. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8).(Vydashenko, Nikolay)
August 26, 2021 Opinion or Order Filing 27 MEMORANDUM OF LAW in Opposition re: #21 MOTION to Dismiss or, in the Alternative, Transfer Venue. . Document filed by United States Securities and Exchange Commission..(Vydashenko, Nikolay)
August 26, 2021 Opinion or Order Filing 26 MEMORANDUM OF LAW in Opposition re: #13 MOTION to Intervene and for a Full Stay. . Document filed by Trevor R. Milton..(Healy, Terence)
August 19, 2021 Opinion or Order Filing 25 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Jordan Estes, Matthew Podolsky, and Nicolas Roos dated 8/13/2021 re: The Government writes to respectfully request that the deadline for the Securities and Exchange Commission ("SEC") to respond to defendant Trevor Milton's motion to dismiss or transfer venue be adjourned until the Court issues a decision on the motion to stay filed by the United States of America (the "United States") on August 9, 2021. The Government has an interest in delaying briefing of the motion because, as discussed below and in more detail in the Government's motion to stay (Dkt. 14), requiring the SEC to respond to the defendant's motion now could prejudice the Government in its parallel criminal case against the defendant. ENDORSEMENT: The Securities and Exchange Commission shall respond to Defendant Trevor R. Milton's motion to dismiss or to transfer venue by August 26, 2021, noon. Defendant Trevor R. Milton shall respond to the motion to intervene by the United States of America by August 26, 2021, noon. Replies shall be filed by August 31, 2021, noon. The action is stayed until the Court's determination of the two motions. So Ordered (Responses due by 8/26/2021, Replies due by 8/31/2021.), Case stayed. (Signed by Judge Alvin K. Hellerstein on 8/19/2021) (js)
August 18, 2021 Opinion or Order Filing 24 MEMORANDUM OF LAW in Support re: #23 MOTION for Extension of Time to Respond to Government's Application to Intervene and for a Full Stay of Proceedings. . Document filed by Trevor R. Milton..(Healy, Terence)
August 18, 2021 Opinion or Order Filing 23 MOTION for Extension of Time to Respond to Government's Application to Intervene and for a Full Stay of Proceedings. Document filed by Trevor R. Milton..(Healy, Terence)
August 18, 2021 Opinion or Order Filing 22 MEMORANDUM OF LAW in Support re: #21 MOTION to Dismiss or, in the Alternative, Transfer Venue. . Document filed by Trevor R. Milton..(Healy, Terence)
August 18, 2021 Opinion or Order Filing 21 MOTION to Dismiss or, in the Alternative, Transfer Venue. Document filed by Trevor R. Milton..(Healy, Terence)
August 18, 2021 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Terence Healy to RE-FILE Document #17 MOTION for Extension of Time to Respond to Application to Intervene. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Memorandum of Law in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. (ldi)
August 18, 2021 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Terence Healy to RE-FILE Document #12 MOTION to Dismiss or to Transfer Venue. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Memorandum of Law in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. (ldi)
August 16, 2021 Opinion or Order Filing 20 WAIVER OF SERVICE RETURNED EXECUTED. Trevor R. Milton waiver sent on 8/3/2021, answer due 10/4/2021. Document filed by United States Securities and Exchange Commission..(Vydashenko, Nikolay)
August 15, 2021 Opinion or Order Filing 19 NOTICE OF APPEARANCE by Matthew D Podolsky on behalf of UNITED STATES OF AMERICA..(Podolsky, Matthew)
August 15, 2021 Opinion or Order Filing 18 LETTER RESPONSE in Opposition to Motion addressed to Judge Alvin K. Hellerstein from Terence Healy dated August 15, 2021 re: #16 LETTER MOTION for Extension of Time to File Response/Reply as to #12 MOTION to Dismiss or to Transfer Venue. addressed to Judge Alvin K. Hellerstein from Jordan Estes, Matthew Podolsky, Nicolas Roos dated August 13, 2021. . Document filed by Trevor R. Milton..(Healy, Terence)
August 15, 2021 Opinion or Order Filing 17 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Extension of Time to Respond to Application to Intervene. Document filed by Trevor R. Milton..(Healy, Terence) Modified on 8/18/2021 (ldi).
August 13, 2021 Opinion or Order Filing 16 LETTER MOTION for Extension of Time to File Response/Reply as to #12 MOTION to Dismiss or to Transfer Venue. addressed to Judge Alvin K. Hellerstein from Jordan Estes, Matthew Podolsky, Nicolas Roos dated August 13, 2021. Document filed by UNITED STATES OF AMERICA..(Estes, Jordan)
August 13, 2021 Opinion or Order Filing 15 NOTICE OF APPEARANCE by Nicolas Roos on behalf of UNITED STATES OF AMERICA..(Roos, Nicolas)
August 9, 2021 Opinion or Order Filing 14 MEMORANDUM OF LAW in Support re: #13 MOTION to Intervene and for a Full Stay. . Document filed by UNITED STATES OF AMERICA..(Estes, Jordan)
August 9, 2021 Opinion or Order Filing 13 MOTION to Intervene and for a Full Stay. Document filed by UNITED STATES OF AMERICA..(Estes, Jordan)
August 9, 2021 Opinion or Order Filing 12 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss or to Transfer Venue. Document filed by Trevor R. Milton..(Healy, Terence) Modified on 8/18/2021 (ldi).
August 2, 2021 Opinion or Order Filing 11 ELECTRONIC SUMMONS ISSUED as to Trevor R. Milton. (sj)
August 2, 2021 Opinion or Order Filing 10 NOTICE OF APPEARANCE by Terence Healy on behalf of Trevor R. Milton..(Healy, Terence)
August 2, 2021 Opinion or Order Filing 9 NOTICE OF APPEARANCE by Bradley Joseph Bondi on behalf of Trevor R. Milton..(Bondi, Bradley)
July 30, 2021 Opinion or Order Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Trevor R. Milton, re: #1 Complaint. Document filed by United States Securities and Exchange Commission..(Vydashenko, Nikolay)
July 30, 2021 Opinion or Order Filing 7 CIVIL COVER SHEET filed..(Vydashenko, Nikolay)
July 30, 2021 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alvin K. Hellerstein. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo)
July 30, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Nikolay V Vydashenko. The party information for the following party/parties has been modified: U.S. Securities and Exchange Commission. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (jgo)
July 30, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Nikolay V Vydashenko. The following case opening statistical information was erroneously selected/entered: Jury Demand code n (None); County code Albany;. The following correction(s) have been made to your case entry: the Jury Demand code has been modified to p (Plaintiff); the County code has been modified to XX Out of State;. (jgo)
July 30, 2021 Opinion or Order Magistrate Judge Gabriel W. Gorenstein 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo)
July 30, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Nikolay V Vydashenko to RE-FILE Document No. #3 Request for Issuance of Summons,. The filing is deficient for the following reason(s): party name on the PDF case caption must match exactly as it appears on the pleading caption and must not be abbreviated;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo)
July 30, 2021 Opinion or Order Case Designated ECF. (jgo)
July 30, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Nikolay V Vydashenko to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): party name on the PDF case caption must match exactly as it appears on the pleading caption;. 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 October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo)
July 30, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #6 MOTION for Sarah S. Mallett to Appear Pro Hac Vice Sarah S. Mallett Motion for Admission Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff., #5 MOTION for Rebecca R. Fike to Appear Pro Hac Vice Rebecca R. Fike's Motion for Admission Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff., #4 MOTION for Keefe M. Bernstein to Appear Pro Hac Vice Keefe M. Bernstein's Motion for Admission 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. (vba)
July 29, 2021 Opinion or Order Filing 6 MOTION for Sarah S. Mallett to Appear Pro Hac Vice Sarah S. Mallett Motion for Admission Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by U.S. Securities and Exchange Commission. (Attachments: #1 Exhibit A-Mallett Declaration, #2 Exhibit B-Texas Bar Certificate, #3 Exhibit C-Supreme Ct Certificate, #4 Text of Proposed Order).(Mallett, Sarah)
July 29, 2021 Opinion or Order Filing 5 MOTION for Rebecca R. Fike to Appear Pro Hac Vice Rebecca R. Fike's Motion for Admission Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by U.S. Securities and Exchange Commission. (Attachments: #1 Exhibit A-Fike Declaration, #2 Exhibit B-Texas Bar Certificate, #3 Exhibit C-Supreme Ct Certificate, #4 Text of Proposed Order).(Fike, Rebecca)
July 29, 2021 Opinion or Order Filing 4 MOTION for Keefe M. Bernstein to Appear Pro Hac Vice Keefe M. Bernstein's Motion for Admission Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by U.S. Securities and Exchange Commission. (Attachments: #1 Exhibit A-Bernstein Declaration, #2 Exhibit B-Texas Bar Certificate, #3 Exhibit C-Supreme Ct Certificate, #4 Text of Proposed Order).(Bernstein, Keefe)
July 29, 2021 Opinion or Order Filing 3 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Trevor R. Milton, re: #1 Complaint. Document filed by U.S. Securities and Exchange Commission..(Vydashenko, Nikolay) Modified on 7/30/2021 (jgo).
July 29, 2021 Opinion or Order Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Vydashenko, Nikolay) Modified on 7/30/2021 (jgo).
July 29, 2021 Opinion or Order Filing 1 COMPLAINT against Trevor R. Milton. Document filed by U.S. Securities and Exchange Commission..(Vydashenko, Nikolay)

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Plaintiff: U.S. Securities and Exchange Commission
Represented By: Keefe Michael Bernstein
Represented By: Rebecca Fike
Represented By: Sarah Mallett
Represented By: Nikolay V Vydashenko
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Plaintiff: United States Securities and Exchange Commission
Represented By: Keefe Michael Bernstein
Represented By: Rebecca Fike
Represented By: Sarah Mallett
Represented By: Nikolay V Vydashenko
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Defendant: Trevor R. Milton
Represented By: Terence Healy
Represented By: Bradley Joseph Bondi
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Intervenor: UNITED STATES OF AMERICA
Represented By: Jordan Lancaster Estes
Represented By: Matthew D Podolsky
Represented By: Nicolas Roos
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