Securities and Exchange Commission v. Gallagher
| Securities and Exchange Commission |
| Steven M. Gallagher and Alexander Delarge |
| 1:2021cv08739 |
| October 26, 2021 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| P Kevin Castel |
| Securities/Commodities |
| 15 U.S.C. § 77 |
| Plaintiff |
Docket Report
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Filing 24
PROTECTIVE ORDER CONCERNING PRIVACY INFORMATION:...regarding procedures to be followed that shall govern the handling of confidential material. This Order shall take effect when entered and shall be binding upon the parties, their counsel, and persons made subject to this Order by its terms. And as set forth herein. IT IS SO ORDERED. (Signed by Judge P. Kevin Castel on 12/07/2021) (ama)
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Filing 23
PROPOSED PROTECTIVE ORDER. Document filed by Securities and Exchange Commission..(McGrath, Kevin)
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Filing 22
WAIVER OF SERVICE RETURNED EXECUTED. Steven M. Gallagher waiver sent on 11/16/2021, answer due 1/18/2022. Document filed by Securities and Exchange Commission..(McGrath, Kevin)
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Filing 21
STIPULATED PRELIMINARY INJUNCTION ORDER: THEREFORE, IT IS HEREBY STIPULATED by and between the parties and ORDERED BY THE COURT, as follows: IT IS FURTHER ORDERED THAT this Order is without prejudice to: (1) the Defendant's right to move to modify the asset freeze for additional living expenses and legal fees (or to dissolve altogether the asset freeze) and the Commission's right to oppose any such motion; and (2) either party's right to move to modify or dissolve any other portion of this Order and the other party's right to oppose any such motion. IT IS FURTHER ORDERED THAT the Commission's right to take expedited discovery pursuant to the TRO is hereby terminated, although it may continue to receive, and must share with the Defendant within five business days of receipt, any documents previously subpoenaed from third parties pursuant to the TRO. This is without prejudice to either party's right to move for expedited discovery for any reason otherwise permitted by the Federal Rules of Civil Procedure. And as set forth herein. SO ORDERED. (Signed by Judge P. Kevin Castel on 11/30/2021) (ama)
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Filing 20
PROPOSED STIPULATION AND ORDER. Document filed by Steven M. Gallagher..(Rosen, Eric)
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Filing 19
ORDER granting #18 Letter Motion to Adjourn Conference. The deadline for filings are extended by 14 days. The November 23 hearing is adjourned to a date to be set after hearing further from the parties in 14 days. (Signed by Judge P. Kevin Castel on 11/15/2021) (rro)
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Filing 18
LETTER MOTION to Adjourn Conference addressed to Judge P. Kevin Castel from Eric Rosen dated November 15, 2021. Document filed by Steven M. Gallagher..(Rosen, Eric)
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Filing 17
STIPULATED ORDER MODIFYING TEMPORARY RESTARINING ORDER: THEREFORE, IT IS HEREBY STIPULATED by and between the parties and ORDERED, as follows: Defendant and CMS are permitted to utilize the -7581 account to conduct business necessary for the proper functions and operation of CMS. In addition, Defendant and CMS are permitted to take in business receipts and withdraw up to $60,000 per month from the -7581 account to meet CMSs ordinary and necessary business needs (such as shipping, returns, insurance, taxes, bank and credit card fees, rent, utilities, magazine costs, phone bill, water and office supplies) including the monthly payroll for CMS for the following individuals: a. Alexis Harris b. Brittny Kelly c. Carryn Lis d. David Massey e. Dorothy Morrow f. Kimberly Stewart g. Malinda Szkatulski; and, h. Steven Gallagher (to be used only for the monthly payment of his federal and state taxes only as he is required to do, not as a draw from the business) Defendant and Gallagher Group are permitted to use the-1634 for the necessary operations and functions of the Gallagher Group business. In addition, the Defendant and the Gallagher Group are permitted to take in business receipts (i.e. apartment rents) and are permitted to withdraw up to $5,000 per month from the -1634 account to meet the Gallagher Groups ordinary and necessary business needs (such as cleaning fees, contractor fees, and business-related legal fees). With the prior consent of the Commission, or the prior approval of the Court if the Commission does not consent, Defendant may withdraw additional funds to meet the above business expenses to the extent they exceed the amount specified or for other specified business expenses that may arise. Defendant will submit monthly bank accounts to the Commission reflecting the above expenses for both the -7581 and -1634 accounts. Defendant will also submit a monthly accounting, 5 business days after each month, itemizing the amounts withdrawn and the justification for such withdrawals (e.g., salary, rent, office supplies, utilities). Defendant or the Commission may move to modify this Order at any time for good cause. The TRO, modified by the so-ordered adjournment of the hearing date (ECF No. 15), otherwise remains in effect. Based on the foregoing, it is So Ordered. (Signed by Judge P. Kevin Castel on 11/5/2021) (js) Modified on 11/5/2021 (js).
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Filing 16
PROPOSED STIPULATION AND ORDER. Document filed by Steven M. Gallagher..(Rosen, Eric)
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Filing 15
ORDER: granting #13 Letter Motion to Adjourn Conference. Application granted and proposed schedule adopted. The preliminary injunction hearing is adjourned from November 9 to November 23 at 3 p.m. SO ORDERED. Show Cause Hearing set for 11/23/2021 at 03:00 PM before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 11/01/2021) (ama)
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Filing 14
NOTICE OF APPEARANCE by Richard Cipolla on behalf of Steven M. Gallagher..(Cipolla, Richard)
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Set/Reset Deadlines: Replies due by 11/22/2021. Show Cause Response due by 11/18/2021. (ama)
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Filing 13
LETTER MOTION to Adjourn Conference addressed to Judge P. Kevin Castel from Eric Rosen dated October 29, 2021. Document filed by Steven M. Gallagher..(Rosen, Eric)
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Filing 12
NOTICE OF APPEARANCE by Eric Samuel Rosen on behalf of Steven M. Gallagher..(Rosen, Eric)
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Filing 11
ORDER TO SHOW CAUSE AND TEMPORARY RESTRAINING ORDER ENJOINING DEFENDANT FROM CONTINUING VIOLATIONS OF THE SECURITIES LAWS, FREEZING HIS ASSETS AND GRANTING OTHER RELIEF: granting #5 Motion for TRO. On the Emergency Ex Parte Application ("Application") of the Plaintiff Securities and Exchange Commission (the "SEC") for an Order: Directing Defendant Steven M. Gallagher, also known as "Alexander Delarge 655321" ("Defendant" or "Gallagher"), to show cause why an order should not be entered, pending a final disposition of this action: And as set forth herein. IT IS HEREBY ORDERED that the Defendant show cause, if there be any, to this Court at 3 p.m. on the 9th day of November, 2021, in Courtroom 11D United States Courthouse, 500 Pearl Street, New York, N.Y. 10007. IT IS FURTHER ORDERED that a copy of this Order and the papers supporting the Commission's Application be served upon the Defendant, or his attorneys agrees to accept service on behalf, on or before October 27, 2021. And as set forth herein.. (Signed by Judge P. Kevin Castel on 10/26/2021) (ama)
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Filing 10
DECLARATION of Thomas Peirce in Support re: #5 EMERGENCY MOTION for Temporary Restraining Order and Ex Parte Order to Show Cause.. Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit 51, #2 Exhibit 52, #3 Exhibit 53, #4 Exhibit 54, #5 Exhibit 54A, #6 Exhibit 55, #7 Exhibit 56, #8 Exhibit 57, #9 Exhibit 58, #10 Exhibit 59, #11 Exhibit 60, #12 Exhibit 61, #13 Exhibit 62, #14 Exhibit 63, #15 Exhibit 64, #16 Exhibit 65, #17 Exhibit 66, #18 Exhibit 67, #19 Exhibit 68, #20 Exhibit 69, #21 Exhibit 70, #22 Exhibit 71, #23 Exhibit 72, #24 Exhibit 73, #25 Exhibit 74, #26 Exhibit 75, #27 Exhibit 76, #28 Exhibit 77, #29 Exhibit 78, #30 Exhibit 79, #31 Exhibit 80, #32 Exhibit 81, #33 Exhibit 82, #34 Exhibit 83, #35 Exhibit 84, #36 Exhibit 85, #37 Exhibit 86, #38 Exhibit 87, #39 Exhibit 88, #40 Exhibit 89, #41 Exhibit 90, #42 Exhibit 91, #43 Exhibit 92, #44 Exhibit 93, #45 Exhibit 94, #46 Exhibit 95, #47 Exhibit 96, #48 Exhibit 97, #49 Exhibit 98, #50 Exhibit 99, #51 Exhibit 100, #52 Exhibit 101, #53 Exhibit 102, #54 Exhibit 103, #55 Exhibit 104, #56 Exhibit 105).(McGrath, Kevin)
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Filing 9
ELECTRONIC SUMMONS ISSUED as to Steven M. Gallagher. (vf)
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Filing 8
DECLARATION of Thomas Peirce in Support re: #5 EMERGENCY MOTION for Temporary Restraining Order and Ex Parte Order to Show Cause.. Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit, #35 Exhibit, #36 Exhibit, #37 Exhibit, #38 Exhibit, #39 Exhibit, #40 Exhibit, #41 Exhibit, #42 Exhibit, #43 Exhibit, #44 Exhibit, #45 Exhibit, #46 Exhibit, #47 Exhibit, #48 Exhibit, #49 Exhibit, #50 Exhibit).(McGrath, Kevin)
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Filing 7
EX PARTE MEMORANDUM OF LAW in Support re: #5 EMERGENCY MOTION for Temporary Restraining Order and Ex Parte Order to Show Cause. . Document filed by Securities and Exchange Commission..(McGrath, Kevin)
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Filing 6
DECLARATION of Kevin P. McGrath in Support re: #5 EMERGENCY MOTION for Temporary Restraining Order and Ex Parte Order to Show Cause.. Document filed by Securities and Exchange Commission..(McGrath, Kevin)
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Filing 5
EMERGENCY MOTION for Temporary Restraining Order and Ex Parte Order to Show Cause. Document filed by Securities and Exchange Commission..(McGrath, Kevin) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.)
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Filing 4
PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Securities and Exchange Commission..(McGrath, Kevin) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Steven M. Gallagher, re: #1 Complaint. Document filed by Securities and Exchange Commission..(Best, Richard)
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Filing 2
CIVIL COVER SHEET filed..(Best, Richard)
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Filing 1
COMPLAINT against Steven M. Gallagher. Document filed by Securities and Exchange Commission..(Best, Richard)
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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. (vf)
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Set/Reset Hearings: Show Cause Hearing set for 11/9/2021 at 03:00 PM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel. (ama)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Richard R. Best. The party information for the following party/parties has been modified: Steven Michael Gallagher. The information for the party/parties has been modified for the following reason/reasons: party named entered incorrectly. (vf)
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***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #4 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (km)
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Case Designated ECF. (vf)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge P. Kevin Castel. 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..(vf)
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