Securities and Exchange Commisison v. Legend Venture Partners, LLC
| Securities and Exchange Commisison |
| Legend Venture Partners, LLC |
| Receiver, Proposed Counsel to Melanie L. Cyganowski, as Court-Appointed Receiver and Counsel to Melanie L. Cyganowski, Esq., as Court Appointed Receiver |
| 1:2023cv05326 |
| June 22, 2023 |
| U.S. District Court for the Southern District of New York |
| Lewis A Kaplan |
| Securities/Commodities |
| 12 U.S.C. § 22 Securities Fraud |
| Plaintiff |
Docket Report
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Filing 47
MEMO ENDORSEMENT on re: #46 Letter Status Report filed by Counsel to Melanie L. Cyganowski, Esq., as Court Appointed Receiver. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 8/3/23) (yv)
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| Filing 46 LETTER addressed to Judge Lewis A. Kaplan from Erik B. Weinick dated August 2, 2023 re: Status Report. Document filed by Counsel to Melanie L. Cyganowski, Esq., as Court Appointed Receiver..(Weinick, Erik) |
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Filing 45
ORDER APPROVING THE RECEIVER'S RETENTION OF STOUT RISIUS ROSS, LLC granting #43 Motion to Approve. It is hereby: ORDERED, that the Application is granted, and, pursuant to the Application, the Receiver is authorized to employ Stout, effective as of July 7, 2023, the date on which the Receiver was appointed; and it is further ORDERED, that Stout shall be compensated for such services, and the reasonable expenses and costs it incurs in providing such services shall be reimbursed, in accordance with the Receivership Order, as it may be amended, any other applicable Orders of the Court, and the SEC Receivership Billing Instructions; and it is further ORDERED, that the Court shall retain jurisdiction to hear and determine all matters arising from the implementation of this Order. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 7/31/23) (yv)
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Filing 44
ORDER APPROVING THE RETENTION OF OTTERBOURG P.C. granting #41 Motion to Approve Application for Order Approving the Retention of Otterbourg P.C. Effective as of the Appointment Date. It is hereby: ORDERED, that the Application is granted, and, pursuant to the Application, the Receiver is authorized to employ Otterbourg, effective as of July 7, 2023 the date on which the Receiver was appointed; and it is further ORDERED, that Otterbourg shall be compensated for such services, and the reasonable expenses and costs it incurs in providing such services shall be reimbursed, in accordance with the Receiver Order, as it may be amended, any other applicable Orders of the Court, and the SEC Receivership Billing Instructions; and it is further ORDERED, that the Court shall retain jurisdiction to hear and determine all matters arising from the implementation of this Order. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 7/31/23) (yv)
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| Filing 43 MOTION to Approve Order Approving the Retention of Stout Risius Ross, LLC Effective as of the Appointment Date . Document filed by Receiver. (Attachments: #1 Exhibit Retention Application, #2 Exhibit A - Proposed Order, #3 Exhibit B- Declaration).(Cyganowski, Melanie) |
| Filing 42 NOTICE OF APPEARANCE by Erik Bradley Weinick on behalf of Proposed Counsel to Melanie L. Cyganowski, as Court-Appointed Receiver..(Weinick, Erik) |
| Filing 41 MOTION to Approve Application for Order Approving the Retention of Otterbourg P.C. Effective as of the Appointment Date . Document filed by Receiver. (Attachments: #1 Exhibit Application to Approve the Retention of Otterbourg P.C. Effective as of the Appointment Date, #2 Exhibit A - Proposed Order, #3 Exhibit Declaration of Erik B. Weinick in Support of the Receiver's Application for Order Approving the Retention of Otterbourg P.C. Effective as of the Appointment Date).(Cyganowski, Melanie) |
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Filing 40
ORDER granting #36 Motion to Withdraw as Attorney. The motion for an order granting the withdrawal of Patrick J. Smith as counsel of record for Defendant Legend Venture Pattners LLC in the above-captioned action is GRANTED. The Clerk of Court is directed to note on the docket that his representation of Defendant Legend Venture Partners LLC is terminated. SO ORDERED. (Attorney Patrick J. Smith terminated). (Signed by Judge Lewis A. Kaplan on 7/11/23) (yv)
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Filing 39
ORDER granting #37 Motion to Withdraw as Attorney. The motion for an order granting the withdrawal of Selbie L. Jason as counsel of record for Defendant Legend Venture Partners LLC in the above-captioned action is GRANTED. The Clerk of Court is directed to note on the docket that her representation of Defendant Legend Venture Partners LLC is terminated. (Attorney Selbie Lee Jason terminated.) (Signed by Judge Lewis A. Kaplan on 7/11/23) (yv)
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Filing 38
MEMORANDUM REGARDING APPOINTMENT OF RECEIVER. For the reasons discussed above and substantially for the reasons cited by the SEC, the Court is persuaded that a court-appointed receiver will best serve the interests of all investors of Legend and its funds. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 7/11/23) (yv)
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| Filing 37 MOTION for Selbie L. Jason to Withdraw as Attorney . Document filed by Legend Venture Partners, LLC. (Attachments: #1 Text of Proposed Order to Withdraw as Counsel).(Jason, Selbie) |
| Filing 36 MOTION for Patrick J. Smith to Withdraw as Attorney . Document filed by Legend Venture Partners, LLC. (Attachments: #1 Text of Proposed Order to Withdraw as Counsel).(Smith, Patrick) |
| Filing 35 LETTER addressed to Judge Lewis A. Kaplan from Patrick J. Smith dated July 10, 2023 Document filed by Legend Venture Partners, LLC..(Smith, Patrick) |
| Filing 34 NOTICE OF APPEARANCE by Melanie L. Cyganowski on behalf of Receiver..(Cyganowski, Melanie) |
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Filing 33
ORDER APPOINTING RECEIVER (Signed by Judge Lewis A. Kaplan on 7/7/2023) (Mohan, Andrew)
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| Filing 32 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ORAL ARGUMENT proceeding held on 6/27/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) |
| Filing 31 TRANSCRIPT of Proceedings re: ORAL ARGUMENT held on 6/27/2023 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/28/2023. Redacted Transcript Deadline set for 8/7/2023. Release of Transcript Restriction set for 10/5/2023..(McGuirk, Kelly) |
| Filing 30 LETTER addressed to Judge Lewis A. Kaplan from Daniel Loss dated 07/07/2023 re: Response to Defendant's Proposal for Alternative to a Receiver. Document filed by Securities and Exchange Commisison. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4).(Loss, Daniel) |
| Filing 29 DECLARATION of Selbie L. Jason in Support re: #28 Letter. Document filed by Legend Venture Partners, LLC. (Attachments: #1 Exhibit A).(Smith, Patrick) |
| Filing 28 LETTER addressed to Judge Lewis A. Kaplan from Patrick J. Smith dated July 6, 2023 re: Legends Proposed Alternative to a Receiver. Document filed by Legend Venture Partners, LLC..(Smith, Patrick) |
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Filing 27
ORDER IMPOSING PRELIMINARY INJUNCTION AND OTHER RELIEF. IT IS HEREBY ORDERED that, pending final disposition of this action, Defendant is restrained and enjoined from violating Securities Act Section 17(a) [15 U.S.C. 77q(a)], in the offer or sale of any security by the use of any means or instruments of transportation or communication in interstate commerce or by use of the mails, directly or indirectly: (a)to employ any device, scheme, or artifice to defraud; (b)to obtain money or property by means of any untrue statement of a material fact or any omission of a material fact necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading; or (c)to engage in any transaction, practice, or course of business which operates or would operate as a fraud or deceit upon the purchaser. IT IS FURTHER ORDERED 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 Order 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 that, pending final disposition of this action, Defendant is restrained and enjoined from violating Exchange Act Section 10(6) [15 U.S.C. 78j(b)] and Rule 106-5 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: (a)to employ any device, scheme, or artifice to defraud; (b)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 (c)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 that, pending final disposition of this action, Defendant is restrained and enjoined from violating Advisers Act Section 206 [15 U.S.C. 80b-6] and Rule 206(4)-8 promulgated thereunder (17 C.F.R. 275.206(4)-8], by, while acting as an investment adviser, using any means or instrumentalities of interstate commerce, or any means or instruments of transportation or communication in interstate commerce, or by the mails or any facility of any national securities exchange: (a)to employ any device, scheme, or artifice to defraud any client or prospective client; (b)to engage in any transaction, practice, or course of business which operates as a fraud or deceit upon any client or prospective client and as further set forth in this Order; IT IS FURTHER ORDERED that, pending final disposition of this action, Defendant is restrained and enjoined from violating Securities Act Sections S(a) and S(c) [15 U.S.C. 77e(a) and (c)] by, directly or indirectly, in the absence of any applicable exemption: (a)Unless a registration statement is in effect as to a security, making use of any means or instruments of transportation or communication in interstate commerce or of the mails to sell such security through the use or medium of any prospectus or otherwise; or carrying or causing to be carried through the mails or in interstate commerce, by any means or instruments of transportation, any such security for the purpose of sale or for delivery after sale and as further set forth in this Order; IT IS FURTHER ORDERED that, pending final disposition of this action, Defendant is temporarily restrained from violating Exchange Act Section 15(a)(1) [15 U.S.C. 78o(a)(1)] by making use of the mails or any means or instrumentality of interstate commerce to effect any transactions in, or to induce or attempt to induce the purchase or sale of, any security (other than an exempted security or commercial paper, bankers' acceptances, or commercial bills) unless registered as a broker or dealer in accordance with subsection Exchange Act Section 15(b) [15 U.S.C. 78o(b)]. IT IS FURTHER ORDERED that Defendant, and any person or entity acting at its direction or on its behalf, are restrained and enjoined from destroying, altering, concealing, or otherwise interfering with the access of the Commission to any and all documents or books and records that are in the possession, custody or control of Defendant, and each of its officers, agents, employees, servants, accountants, financial or brokerage institutions, attorneys-in-fact, subsidiaries, affiliates, predecessors, successors and related entities, that refer, reflect or relate to the allegations in the Complaint, including, without limitation, documents, books, and records referring, reflecting or relating to Legend of the Legend Funds' finances or business operations. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 6/30/23) (yv)
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| Filing 26 LETTER addressed to Judge Lewis A. Kaplan from Daniel Loss dated 06/28/2023 re: Proposed Order Imposing Preliminary Injunction and Other Relief. Document filed by Securities and Exchange Commisison. (Attachments: #1 Text of Proposed Order Proposing Preliminary Injunction and Other Relief).(Loss, Daniel) |
| Minute Entry for proceedings held before Judge Lewis A. Kaplan: Oral Argument held on 6/27/2023 re: #21 Order to Show Cause. The Court is granting the preliminary injunction, a proposed order is to be submitted to the Court. Defendant has until June 29, 2023 to make a proposal directly to the SEC regarding an alternative to receivership, after which the SEC has until July 5, 2023 to respond to the defendant. If the parties cannot resolve the issue of receivership amongst themselves, they then each have 24 hours, with defense going filing first, as to why the Court should accept their respective plans regarding receivership.(Court Reporter Steven Greenblum) (Mohan, Andrew) |
| Filing 25 REPLY MEMORANDUM OF LAW in Support re: #6 EMERGENCY MOTION for Temporary Restraining Order .EMERGENCY MOTION for Preliminary Injunction . . Document filed by Securities and Exchange Commisison. (Attachments: #1 Exhibit 1 (Proposed Order Appointing Receiver)).(Loss, Daniel) |
| Filing 24 DECLARATION of Selbie L. Jason in Opposition re: #6 EMERGENCY MOTION for Temporary Restraining Order .EMERGENCY MOTION for Preliminary Injunction .. Document filed by Legend Venture Partners, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U).(Smith, Patrick) |
| Filing 23 DECLARATION of Patrick Power in Opposition re: #6 EMERGENCY MOTION for Temporary Restraining Order .EMERGENCY MOTION for Preliminary Injunction .. Document filed by Legend Venture Partners, LLC..(Smith, Patrick) |
| Filing 22 MEMORANDUM OF LAW in Opposition re: #6 EMERGENCY MOTION for Temporary Restraining Order .EMERGENCY MOTION for Preliminary Injunction . . Document filed by Legend Venture Partners, LLC..(Smith, Patrick) |
| Set Hearings: Oral Argument set for 6/27/2023 at 03:00 PM before Judge Lewis A. Kaplan via video-conference. Counsel of record have been sent an email invite to participate by video. Public and press may dial in on the Court's AT&T conference line in order to listen to the audio of the hearing. That number is 1-888-363-4749 and the conference ID is 7664205. Participants and listeners are advised that recording or rebroadcasting of the hearing is prohibited by Court rules. All AT&T callers will be muted upon joining. (Mohan, Andrew) Modified on 6/27/2023 (Mohan, Andrew). |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #8 Proposed Order was reviewed and approved as to form. (nd) |
| Magistrate Judge Robert W. Lehrburger 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. (laq) |
| NOTICE OF CASE REASSIGNMENT to Judge Lewis A. Kaplan. Judge Unassigned is no longer assigned to the case. (laq) |
| CASE ACCEPTED AS RELATED. Create association to 1:22-cv-03897-LAK. Notice of Assignment to follow. (laq) |
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Filing 21
ORDER TO SHOW CAUSE, TEMPORARY RESTRAINING ORDER, AND OTHER FREEZING ASSETS, APPOINTING A RECEIVER, AND GRANTING OTHER RELIEF: NOW, THEREFORE, IT IS HEREBY ORDERED that Defendant show cause, if there be any, to this Court at 3:00 p.m on the 27th of June 2023, via videoconference which plaintiff shall arrange with the Deputy CLerk, Mr. Mohan why this Court should not enter an Order pursuant to Rule 65 of the Federal Rules of Civil Procedure, Securities Act Section 20(b), Exchange Act Section 21(d)(1), and Advisers Act Section 209 preliminarily enjoining Defendant from violating Securities Act Sections 5(a), 5(c) and 17(a); Exchange Act Sections 10(b) and 15(a) and Rule 10b-5 thereunder; and Advisers Act Section 206 and Rule 206(4)-8 thereunder. IT IS FURTHER ORDERED that, pending a hearing and determination of Plaintiff's application for a preliminary injunction, Defendant is temporarily restrained from violating Exchange Act Section 10(b) [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: As further set forth by this Order. IT IS FURTHER ORDERED that a copy of this Order and the papers supporting the Plaintiff's application for a preliminary injunction be served upon Defendant on or before June 23, 2023, by personal delivery, facsimile, email, overnight courier, or first-class mail. IT IS FURTHER ORDERED that Defendants shall deliver any opposing papers in response to this Order to Show Cause above no later than June 26, 2023, at 5pm. Service shall be made either by ECF or by email (to LossD@sec.gov) on Plaintiff's counsel. Plaintiff shall have until June 27, 2023, to serve, either by ECF of by the most expeditious means available at or before any reply papers upon Defendant, or upon its counsel shall have made an appearance in this action. As further set forth by this Order. SO ORDERED. Motions terminated: #6 EMERGENCY MOTION for Temporary Restraining Order .EMERGENCY MOTION for Preliminary Injunction . filed by Securities and Exchange Commisison.( Show Cause Hearing set for 6/27/2023 at 03:00 PM before Judge Lewis A. Kaplan., Show Cause Response due by 6/26/2023.), (Signed by Judge Lewis A. Kaplan on 6/23/2023) (tg) Modified on 6/23/2023 (tg).
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| Filing 20 LETTER addressed to Judge Lewis A. Kaplan from Patrick J. Smith dated June 23, 2023 re: Plaintiff SECs Emergency Application for an Order to Show Cause and Other Relief. Document filed by Legend Venture Partners, LLC..(Smith, Patrick) |
| Filing 19 NOTICE OF APPEARANCE by Selbie Lee Jason on behalf of Legend Venture Partners, LLC..(Jason, Selbie) |
| Filing 18 NOTICE OF APPEARANCE by Patrick J. Smith on behalf of Legend Venture Partners, LLC..(Smith, Patrick) |
| Filing 17 NOTICE OF APPEARANCE by Suzanne Bettis on behalf of Securities and Exchange Commisison..(Bettis, Suzanne) |
| CASE REFERRED TO Judge Lewis A. Kaplan as possibly related to 1:22-cv-3897. (gp) |
| Case Designated ECF. (gp) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(gp) |
| Filing 16 NOTICE OF APPEARANCE by Joshua David Tannen on behalf of Securities and Exchange Commisison..(Tannen, Joshua) |
| Filing 15 DECLARATION of Joshua D. Tannen in Support re: #6 EMERGENCY MOTION for Temporary Restraining Order .EMERGENCY MOTION for Preliminary Injunction .. Document filed by Securities and Exchange Commisison. (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, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44).(Loss, Daniel) |
| Filing 14 DECLARATION of Robert Cliatt in Support re: #6 EMERGENCY MOTION for Temporary Restraining Order .EMERGENCY MOTION for Preliminary Injunction .. Document filed by Securities and Exchange Commisison..(Loss, Daniel) |
| Filing 13 DECLARATION of Gregory Buckis in Support re: #6 EMERGENCY MOTION for Temporary Restraining Order .EMERGENCY MOTION for Preliminary Injunction .. Document filed by Securities and Exchange Commisison..(Loss, Daniel) |
| Filing 12 DECLARATION of Melanie L. Cyganowski in Support re: #6 EMERGENCY MOTION for Temporary Restraining Order .EMERGENCY MOTION for Preliminary Injunction .. Document filed by Securities and Exchange Commisison. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Loss, Daniel) |
| Filing 11 DECLARATION of Kerri L. Palen in Support re: #6 EMERGENCY MOTION for Temporary Restraining Order .EMERGENCY MOTION for Preliminary Injunction .. Document filed by Securities and Exchange Commisison. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10).(Loss, Daniel) |
| Filing 10 DECLARATION of Lee A. Greenwood in Support re: #6 EMERGENCY MOTION for Temporary Restraining Order .EMERGENCY MOTION for Preliminary Injunction .. Document filed by Securities and Exchange Commisison..(Loss, Daniel) |
| Filing 9 MEMORANDUM OF LAW in Support re: #6 EMERGENCY MOTION for Temporary Restraining Order .EMERGENCY MOTION for Preliminary Injunction . . Document filed by Securities and Exchange Commisison..(Loss, Daniel) |
| Filing 8 PROPOSED ORDER. Document filed by Securities and Exchange Commisison. Related Document Number: #6 ..(Loss, Daniel) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 7 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Securities and Exchange Commisison. Related Document Number: #6 ..(Loss, Daniel) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 6 EMERGENCY MOTION for Temporary Restraining Order ., EMERGENCY MOTION for Preliminary Injunction . Document filed by Securities and Exchange Commisison..(Loss, Daniel) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) |
| Filing 5 NOTICE OF APPEARANCE by Lee Attix Greenwood on behalf of Securities and Exchange Commisison..(Greenwood, Lee) |
| Filing 4 STATEMENT OF RELATEDNESS re: that this action be filed as related to 22-3897. Document filed by Securities and Exchange Commisison..(Loss, Daniel) |
| Filing 3 CIVIL COVER SHEET filed..(Loss, Daniel) |
| Filing 2 NOTICE OF APPEARANCE by Daniel Loss on behalf of Securities and Exchange Commisison..(Loss, Daniel) |
| Filing 1 COMPLAINT against Legend Venture Partners, LLC. Document filed by Securities and Exchange Commisison..(Apps, Antonia) |
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