Securities and Exchange Commission v. Calabrigo et al
| Securities & Exchange Commission |
| Domenic Calabrigo, Curtis (Curt) Lehner, Hasan Sario and Courtney Vasseur |
| 1:2022cv03096 |
| April 14, 2022 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Lewis J Liman |
| Securities/Commodities |
| 15 U.S.C. § 77 Securities Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 28, 2023. A more recent docket listing may be available from PACER.
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| Filing 54 WAIVER OF SERVICE RETURNED EXECUTED. Hasan Sario waiver sent on 6/10/2022, answer due 9/8/2022. Document filed by Securities & Exchange Commission..(Zaleskas, Kristine) |
| Filing 53 COMPLAINT against Domenic Calabrigo, Curtis (Curt) Lehner, Hasan Sario, Courtney Vasseur. Document filed by Securities & Exchange Commission. (Attachments: #1 Exhibit Trading Summary).(Zaleskas, Kristine) |
Filing 52
MEMO ENDORSEMENT on re: #51 Letter filed by Securities & Exchange Commission. ENDORSEMENT: SO ORDERED. (Signed by Judge Lewis J. Liman on 6/16/2022) (va)
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| Filing 51 LETTER addressed to Judge Lewis J. Liman from Kristine Zaleskas dated June 15, 2022 re: Request the Court's Leave to File Corrected Complaint. Document filed by Securities & Exchange Commission..(Zaleskas, Kristine) |
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Filing 50
ORDER granting #49 Letter Motion for Extension of Time. The request is GRANTED. The Court finds that good cause exists for the Temporary Restraining Order and Order Freezing Assets and Granting Other Relief at Dkt. No. 14, as extended by the Orders at Dkt. Nos. 24, 38, 43, and 45, to be extended to July 1, 2022. The hearing currently scheduled for June 17, 2022 is rescheduled to June 30, 2022 at 10 a.m. and shall proceed telephonically. (Signed by Judge Lewis J. Liman on 6/13/2022) (rro)
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| Filing 49 LETTER MOTION for Extension of Time for Docket Numbers 14, 43, and 45 and to reschedule 6/17/22 hearing addressed to Judge Lewis J. Liman from Adam C. Ford (attorney for Domenic Calabrigo)) dated June 13, 2022. Document filed by Domenic Calabrigo..(Ford, Adam) |
| Set/Reset Hearings: Telephone Conference set for 6/30/2022 at 10:00 AM before Judge Lewis J. Liman. (rro) |
| Filing 48 LETTER addressed to Judge Lewis J. Liman from Kristine Zaleskas dated June 10, 2022 re: Attached letter from Sario counsel. Document filed by Securities & Exchange Commission. (Attachments: #1 Exhibit Letter from Sario counsel).(Zaleskas, Kristine) |
| Filing 47 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #48 LETTER) - LETTER addressed to Judge Lewis J. Liman from Kristine Zaleskas dated 6/10/2022 re: Attached letter from Sario counsel. Document filed by Securities & Exchange Commission. (Attachments: #1 Exhibit Letter from Sario Counsel).(Zaleskas, Kristine) Modified on 6/10/2022 (db). As per ECF Error Email correspondence received on 6/10/22 @ 12:05pm. |
| Filing 46 FILING ERROR - DUPLICATE DOCKET ENTRY - see doc #1- COMPLAINT against All Defendants. Document filed by Securities & Exchange Commission. (Attachments: #1 Exhibit Exhibit A to complaint).(Zaleskas, Kristine) Modified on 6/7/2022 (gp). |
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Filing 45
ORDER granting #44 Letter Motion for Extension of Time. The request is GRANTED. The Court finds that good cause exists for the Order at Dkt. No. 14, as extended by the Orders at Dkt. Nos. 24, 38, and 41 to be extended by fourteen days. The Temporary Restraining Order and Order Freezing Assets and Granting Other Relief shall be extended until June 24, 2022. The hearing currently scheduled for Friday, June 3, 2022 at 5:00 p.m. is adjourned to Friday, June 17, 2022 at 10:00 a.m. and will proceed telephonically. (Signed by Judge Lewis J. Liman on 6/1/2022) (tg)
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| Set/Reset Hearings: Telephone Conference set for 6/17/2022 at 10:00 AM before Judge Lewis J. Liman. (tg) |
| Filing 44 LETTER MOTION for Extension of Time regarding Docket Entries 14 and 43 and request to reschedule hearing addressed to Judge Lewis J. Liman from Adam C. Ford (attorney for Domenic Calabrigo)) dated May 31, 2022. Document filed by Domenic Calabrigo..(Ford, Adam) |
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Filing 43
ORDER granting #42 Letter Motion to Adjourn Conference. The requests are GRANTED. The preliminary injunction hearing currently scheduled for May 20, 2022 is rescheduled for Friday, June 3, 2022 at 5:00 p.m. The hearing will proceed telephonically. The parties are directed to dial into the Court's teleconference line at 888-251-2909, Access Code 2123101#. The Court finds that good cause exists for the Order at Dkt. No. 14, as extended by the Orders at Dkt. Nos. 24 and 38, to be extended by fourteen days. The Temporary Restraining Order and Order Freezing Assets and Granting Other Relief shall be extended until June 10, 2022. SO ORDERED. Telephone Conference set for 6/3/2022 at 05:00 PM before Judge Lewis J. Liman. (Signed by Judge Lewis J. Liman on 5/16/2022) (va)
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| Filing 42 LETTER MOTION to Adjourn Conference scheduled for Friday, May 20, 2022 and to Extend Docket Number 14 addressed to Judge Lewis J. Liman from Adam C. Ford (attorney for Domenic Calabrigo)) dated May 16, 2022. Document filed by Domenic Calabrigo..(Ford, Adam) |
| Filing 41 FIRST LETTER addressed to Judge Lewis J. Liman from Kristine Zaleskas dated 5-13-2022 re: Request for Adjournment by Curtis Lehner. Document filed by Securities & Exchange Commission. (Attachments: #1 Exhibit Letter by Teresa Mitchell-Banks requesting adjournment).(Zaleskas, Kristine) |
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Filing 40
STIPULATION AND ORDER OF SUBSTITUTE COUNSEL: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel and pursuant to Local Rule 1.4 that Adam C. Ford is hereby substituted in the place of Christopher Bruno as counsel of record for Defendant Domenic Calabrigo in the above-captioned case. A declaration in support of this Stipulation and Order for Substitution of Counsel is attached hereto pursuant to Local Rule 1.4. PLEASE TAKE NOTICE that all pleadings, notices of hearing, and other filings in the matter should be served upon the undersigned incoming counsel. SO ORDERED. Motions terminated: #36 MOTION to Substitute Attorney. Old Attorney: Christopher Bruno, New Attorney: Adam C. Ford filed by Domenic Calabrigo. (Signed by Judge Lewis J. Liman on 5/6/2022) (vfr)
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Filing 39
ORDER granting #35 Motion to Withdraw as Attorney. Attorney Christopher Bruno terminated (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (LCkl) Transmission to Attorney Services/Help Desk.
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Filing 38
ORDER granting #37 Letter Motion for Extension of Time. Defendant Calabrigo's request is GRANTED, and the deadlines set forth in this letter are adopted. The hearing currently scheduled for Friday, May 13, 2022 at 10:00 a.m. is adjourned to Friday May 20, 2022 at 10:00 a.m. It will proceed telephonically; the parties are directed to dial into the Court's teleconference line at 888-251-2909, Access Code 2123101#.The Court finds that good cause exists for the Order at Dkt. No. 14 to be extended by another fourteen days. The Temporary Restraining Order and Order Freezing Assets and Granting Other Relief shall be extended until May 27, 2022. Plaintiff is directed to serve a copy of this Order on any Defendants who have not yet appeared. SO ORDERED. Show Cause Response due by 5/16/2022. (Signed by Judge Lewis J. Liman on 5/6/2022) (vfr)
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| Set/Reset Hearings: Telephone Conference set for 5/20/2022 at 10:00 AM before Judge Lewis J. Liman. (vfr) |
| Filing 37 LETTER MOTION for Extension of Time addressed to Judge Lewis J. Liman from Adam C. Ford dated May 5, 2022. Document filed by Domenic Calabrigo..(Ford, Adam) |
| Filing 36 MOTION to Substitute Attorney. Old Attorney: Christopher Bruno, New Attorney: Adam C. Ford . Document filed by Domenic Calabrigo. (Attachments: #1 Exhibit Stipulation and Order of Substitute Counsel, #2 Exhibit Declaration of Adam C. Ford In Support).(Ford, Adam) |
| Filing 35 CONSENT MOTION for Christopher Bruno to Withdraw as Attorney . Document filed by Domenic Calabrigo..(Bruno, Christopher) |
| Filing 34 NOTICE OF APPEARANCE by Renee L. Jarusinsky on behalf of Domenic Calabrigo..(Jarusinsky, Renee) |
| Filing 33 NOTICE OF APPEARANCE by Nicolette Taylor Beuther on behalf of Domenic Calabrigo..(Beuther, Nicolette) |
| Filing 32 NOTICE OF APPEARANCE by Adam C. Ford on behalf of Domenic Calabrigo..(Ford, Adam) |
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Filing 31
MEMO ENDORSEMENT on re: #30 Letter filed by Domenic Calabrigo. ENDORSEMENT: SO ORDERED. (Signed by Judge Lewis J. Liman on 4/29/2022) (vfr) Transmission to Finance Unit (Cashiers) for processing.
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| Filing 30 LETTER addressed to Judge Lewis J. Liman from Christopher Bruno dated April 29, 2022 re: UNFREEZE ASSETS for BOND. Document filed by Domenic Calabrigo..(Bruno, Christopher) |
| Filing 29 NOTICE of FILING of SWORN ACCOUNTING. Document filed by Domenic Calabrigo. (Attachments: #1 Exhibit CORRECTED SWORN ACCOUNTING).(Bruno, Christopher) |
| Filing 28 ELECTRONIC SUMMONS ISSUED as to Courtney Vasseur..(lal) |
| Filing 27 ELECTRONIC SUMMONS ISSUED as to Hasan Sario..(lal) |
| Filing 26 ELECTRONIC SUMMONS ISSUED as to Curtis (Curt) Lehner..(lal) |
| Filing 25 ELECTRONIC SUMMONS ISSUED as to Domenic Calabrigo..(lal) |
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Filing 24
ORDER granting #23 LETTER MOTION for Extension of Time. The Court is in receipt of a letter from the Securities and Exchange Commission ("SEC") attaching a letter from counsel for defendant Courtney Vasseur. Dkt. No. 21. Vasseur's counsel seeks a two-week adjournment of the preliminary injunction hearing currently scheduled for April 29, 2022, and a corresponding extension of the deadlines for his pre-hearing filings. The SEC states that they do not oppose an adjournment of the hearing and filing dates so long as the Court also extends the Order to Show Cause, Temporary Restraining Order, and Order Freezing Assets and Granting Other Relief, filed at Dkt. No. 14, for good cause. The Court is also in receipt of a letter from counsel for defendant Domenic Calabrigo, requesting that the deadlines set in this matter be extended and the hearing rescheduled for two weeks from April 29, 2022. Dkt. No. 23. The requests are GRANTED. The preliminary injunction hearing currently scheduled for April 29, 2022 is rescheduled for Friday, May 13, 2022 at 10:00 a.m. in Courtroom 15C of the 500 Pearl Street Courthouse. The Defendants shall serve and file any opposing papers in response to the Courts Order at Dkt. No. 14 by May 9, 2022, and the SEC shall serve and file any reply brief by May 12, 2022. Sworn accountings shall be due on April 27, 2022. The Court finds that good cause exists for the Order at Dkt. No. 14 to be extended by fourteen days. The Temporary Restraining Order and Order Freezing Assets and Granting Other Relief shall be extended until May 13, 2022. Plaintiff is directed to serve a copy of this Order on each of the Defendants or their counsel. SO ORDERED. (Signed by Judge Lewis J. Liman on 4/25/2022) (jca)
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| Filing 23 LETTER MOTION for Extension of Time addressed to Judge Lewis J. Liman from Christopher Bruno dated April 25, 2022. Document filed by Domenic Calabrigo..(Bruno, Christopher) |
| Filing 22 NOTICE OF APPEARANCE by Paul G. Gizzi on behalf of Securities & Exchange Commission..(Gizzi, Paul) |
| Filing 21 LETTER addressed to Judge Lewis J. Liman from Kristine Zaleskas dated 4-25-2022 re: enclosing letter from Paul McMurray requesting adjournment of hearing. Document filed by Securities & Exchange Commission..(Zaleskas, Kristine) |
| Set/Reset Hearings: Show Cause Hearing set for 5/13/2022 at 10:00 AM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman. (jca) |
| Filing 20 CERTIFICATE OF SERVICE of OSC and accompanying documents served on Defendants Calabrigo, Lehner, Sario and Vasseur on 4/15/2022-4/18/2022. Document filed by Securities & Exchange Commission..(Zaleskas, Kristine) |
| Filing 19 NOTICE OF APPEARANCE by Christopher Bruno on behalf of Domenic Calabrigo..(Bruno, Christopher) |
| Filing 18 REQUEST FOR ISSUANCE OF SUMMONS as to Courtney Vasseur, re: #1 Complaint. Document filed by Securities & Exchange Commission..(Weinstock, Judith) |
| Filing 17 REQUEST FOR ISSUANCE OF SUMMONS as to Hasan Sario, re: #1 Complaint. Document filed by Securities & Exchange Commission..(Weinstock, Judith) |
| Filing 16 REQUEST FOR ISSUANCE OF SUMMONS as to Curtis (Curt) Lehner, re: #1 Complaint. Document filed by Securities & Exchange Commission..(Weinstock, Judith) |
| Filing 15 REQUEST FOR ISSUANCE OF SUMMONS as to Domenic Calabrigo, re: #1 Complaint. Document filed by Securities & Exchange Commission..(Weinstock, Judith) |
| Minute Entry for proceedings held before Judge Lewis J. Liman: Telephone Conference held on 4/15/2022 in re: (Dkt. No. 4) Motion for a Temporary Restraining Order. Kristine Zaleskas and Judith Weinstock present by telephone for Plaintiff. Christopher Bruno present by telephone for Defendant, Domenic Calabrigo. Crew Schielke present by telephone for Defendant, Hasan Sario. Other defendants did not appear at conference. Court reporter present by telephone. Show Cause Hearing set for April 29, 2022 at 9:30AM in Courtroom 15C before Judge Lewis J. Liman. (mf) |
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Filing 14
ORDER TO SHOW CAUSE, TEMPORARY RESTRAINING ORDER, AND ORDER FREEZING ASSETS AND GRANTING OTHER RELIEF:On the Emergency Application of the Plaintiff Securities and Exchange Commission (the "Commission") for an Order, as to Defendants Domenic Calabrigo, Curtis ("Curt") Lehner, Hasan Sario, and Courtney Vasseur ("Defendants"): NOW, THEREFORE, IT IS HEREBY ORDERED that Defendant Calabrigo show cause, if there be any, to this Court at 9:30 a.m. on the 29th day of April, 2022, in Room 15C of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 10007, why this Court should not enter an Order directing that, pending a final disposition of this action, Defendant Calabrigo and each of his financial and brokerage institutions, officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with him who receive actual notice of such Order by personal service, facsimile service, telephonic notice, notice by email, or otherwise, and each of them, hold and retain within their control, and otherwise prevent (except to the extent such Order requires any transfer to repatriate assets to the United States), any withdrawal, transfer, pledge, encumbrance, assignment, dissipation, concealment, or other disposal (including money, real or personal property, securities, commodities, choses in action or other property of any kind whatsoever) of, held by, or under the direct or indirect control of Defendant Calabrigo, whether held in his name or for any of his direct or indirect beneficial interest wherever situated, in whatever form such assets may presently exist, and directing each of the financial or brokerage institutions, debtors and bailees, or any other person or entity holding such assets, funds or other property of Defendant Calabrigo to hold or retain within its or his or her control and prohibit the withdrawal, removal, transfer or other disposal (except to the extent such Order requires any transfer to repatriate assets to the United States) of any such assets, funds or other properties, including, but not limited to, the accounts listed on Schedule A attached hereto up to the total value of $21.1 million, except that the total amount restrained for all Defendants shall not exceed $39.6 million. IT IS HEREBY ORDERED that Defendant Lehner show cause, if there be any, to this Court at 9:30 a.m. on the 29th day of April, 2022, in Room 15C of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 10007. IT IS HEREBY ORDERED that Defendant Sario show cause, if there be any, to this Court at 9:30 a.m. on the 29th day of April, 2022, in Room 15C of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 10007. IT IS HEREBY ORDERED that Defendant Vasseur show cause, if there be any, to this Court at 9:30 a.m. on the 29th day of April, 2022, in Room 15C of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 10007. IT IS FURTHER ORDERED that Defendants shall serve and file any opposing papers in response to the Order to Show Cause no later than April 25, 2022, at 5:00 p.m. Service shall be made by that date and time by emailing the papers to zaleskask@sec.gov and receiving a reply email confirming receipt or by such other manner as counsel for the Commission may consent in writing. The Commission shall have until April 28, 2022, at 5:00 p.m., to serve, by the most expeditious means available, and file any reply papers upon Defendants or their counsel, if counsel shall have made an appearance in this action. (And as further set forth herein.) Show Cause Hearing set for 4/29/2022 at 09:30 AM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman. Show Cause Response due by 4/25/2022. (Signed by Judge Lewis J. Liman on 4/15/2022) (jca) Transmission to Finance Unit (Cashiers) for processing.
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| Filing 13 LETTER addressed to Judge Lewis J. Liman from Kristine Zaleskas dated 4/15/2022 re: Enclosing Redline of Proposed Order to Show Cause. Document filed by Securities & Exchange Commission..(Zaleskas, Kristine) |
| Filing 12 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Securities & Exchange Commission..(Zaleskas, Kristine) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| CASE ACCEPTED AS RELATED. Create association to 1:22-cv-03012-LJL. Notice of Assignment to follow. (aea) |
| Magistrate Judge Robert W. Lehrburger is so redesignated. (aea) |
| NOTICE OF CASE REASSIGNMENT to Judge Lewis J. Liman. Judge Unassigned is no longer assigned to the case. (aea) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #12 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (nd) |
| ***DELETED DOCUMENT. Deleted document number #12 ORDER. The document was incorrectly filed more than once in this case. (va) |
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Filing 11
ORDER: The Court has before it a Proposed Order to Show Cause, Temporary Restraining Order, and Order Freezing Assets and Granting Other Relief. The Court will hold a telephonic hearing on Friday, April 15, 2022 at 10:00 a.m. regarding this request. The parties are directed to dial in to the Court's teleconference line at 888-251-2909, Access Code 2123101#, and follow the necessary prompts. Plaintiff is directed to inform the defendants of the hearing and provide the dial-in information. ( Telephone Conference set for 4/15/2022 at 10:00 AM before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 4/14/2022) (ate)
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| Filing 10 CIVIL COVER SHEET filed..(Zaleskas, Kristine) |
| Filing 9 NOTICE OF APPEARANCE by Judith Ann Weinstock on behalf of Securities & Exchange Commission..(Weinstock, Judith) |
| Filing 8 NOTICE OF APPEARANCE by Kristine Mary Zaleskas on behalf of Securities & Exchange Commission..(Zaleskas, Kristine) |
| Filing 7 AFFIRMATION of Michael Paley in Support re: #4 EMERGENCY MOTION for Order to Show Cause for a Temporary Restraining Order Freezing Assets and Granting Other Relief.. Document filed by Securities & Exchange Commission..(Zaleskas, Kristine) |
| Filing 6 DECLARATION of Trevor Donelan in Support re: #4 EMERGENCY MOTION for Order to Show Cause for a Temporary Restraining Order Freezing Assets and Granting Other Relief.. Document filed by Securities & Exchange Commission. (Attachments: #1 Exhibit 11-30-16 email, #2 Exhibit trading summary, #3 Exhibit BKIT online insert order, #4 Exhibit BKIT promo, #5 Exhibit Promo Firm B summary, #6 Exhibit Wires, #7 Exhibit USD statement, #8 Exhibit BLTO online insert, #9 Exhibit BLTO promo, #10 Exhibit VIBI promo, #11 Exhibit CAD statement, #12 Exhibit Email setup email, #13 Exhibit Crystalmount stmt, #14 Exhibit LS wire, #15 Exhibit 5-14-15 email, #16 Exhibit 5-18-15 email, #17 Exhibit Lex Ridge).(Zaleskas, Kristine) |
| Filing 5 MEMORANDUM OF LAW in Support re: #4 EMERGENCY MOTION for Order to Show Cause for a Temporary Restraining Order Freezing Assets and Granting Other Relief. . Document filed by Securities & Exchange Commission..(Zaleskas, Kristine) |
| Filing 4 EMERGENCY MOTION for Order to Show Cause for a Temporary Restraining Order Freezing Assets and Granting Other Relief. Document filed by Securities & Exchange Commission..(Zaleskas, Kristine) |
| Filing 3 RELATED CASE AFFIRMATION of Lara Mehraban re: that this action be filed as related to 22-cv-3012. Document filed by Securities & Exchange Commission..(Mehraban, Lara) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Mehraban, Lara) Modified on 4/14/2022 (vf). |
| Filing 1 COMPLAINT against Domenic Calabrigo, Curtis Lehner, Hasan Sario, Courtney Vasseur. Document filed by Securities & Exchange Commission..(Mehraban, Lara) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Lara Shalov Mehraban to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s):Related Case Statement Form filed, but case information not reflected on Civil Cover Sheet. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (vf) |
| CASE REFERRED TO Judge Lewis J. Liman as possibly related to 1:22-cv-3012. (vf) |
| Case Designated ECF. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (vf) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Lara Shalov Mehraban. The following case opening statistical information was erroneously selected/entered: Jurisdiction code 3 (Federal Question). The following correction(s) have been made to your case entry: the Jurisdiction code has been modified to 1 (U.S. Government Plaintiff). (vf) |
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