SECURITIES AND EXCHANGE COMMISSION v. FORD et al
| SECURITIES AND EXCHANGE COMMISSION |
| HENRY FORD and FALLCATCHER, INC. |
| 2:2019cv02214 |
| May 22, 2019 |
| US District Court for the Eastern District of Pennsylvania |
| PAUL S DIAMOND |
| Other Statutes: Securities/Commodities |
| 15 U.S.C. § 77 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 20, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 23 WAIVER OF SERVICE Returned Executed by SECURITIES AND EXCHANGE COMMISSION. FALLCATCHER, INC. waiver sent on 6/17/2019, answer due 8/16/2019. (KRISHNAMURTHY, PREETHI) |
Filing 22
ORDER UPON CONSIDERATION OF THE PARTIES' JOINT STIPULATION AND PROPOSED CONSENT ORDER IMPOSING PRELIMINARY INJUNCTION, FREEZING ASSETS, AND GRANTING OTHER RELIEF (DOC. NO. #21 ), IT IS HEREBY ORDERED THAT THE PARTIES' STIPULATION (DOC. NO. #21 ) IS APPORVED AND ADOPTED IN PART AS FOLLOWS: 1. THE SEC'S APPLICATION FOR A PRELIMINARY INJUNCTION (DOC. NO. 2 ) IS GRANTED; 2. THE PRELIMINARY INJUNCTION HEARING SCHEDULED FOR JUNE 24 AND 25, 2019 IS CANCELLED; 3. PENDING A FINAL DISPOSITION OF THIS ACTION, DEFENDANTS-AND EACH OF THEIR FINANCIAL AND BROKERAGE INSTITUTIONS, AGENTS, SERVANTS, EMPLOYEES, AND ATTORNEYS, AND THOSE PERSONS IN ACTIVE CONCERT OF PARTICIPATION WITH THEM WHO RECEIVE ACTUAL NOTICE OF SUCH ORDER BY PERSONAL SERVICE, FACSIMILE SERVICE, TELEPHONE NOTICE, EMIAL NOTICE OR OTHERWISE, AND EACH OF THEM - SHALL HOLD AND RETAIN WITHIN THEIR CONTROL AND OTHERWISE PREVENT ANY WITHDRAWAL, TRANSFER PLEDGE, ENCUMBRANCE, ASSIGNMENT, DISSIPATION, CONCEALMENT, OR OTHER DISPOSAL (INCLUDING THE USE OF ANY CREDIT CARDS OR ANY OTHER INCURRING OF DEBT) OF ANY ASSETS, FUND, OR OTHER PROPERTY (INCLUDING MONEY, REAL, OR PERSONAL PROPERTY, SECURITIES, COMMODITIES, CHOSES IN ACTION OR OTHER PROPERTY OF ANY KIND WHATSOEVER, IN WHATEVER FORM SUCH ASSETS MAY PRESENTLY EXIST AND WHEREVER LOCATED) OF, HELD BY, OR UNDER THE CONTROL OF DEFENDANTS, WHETHER HELD IN THEIR NAME OR FOR THEIR NAME OR FOR THEIR DIRECT OR INDIRECT BENEFICIAL INTEREST, 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 DEFENDANTS TO HOLD OR RETAIN WITHIN ITS CONTROL AND PROHIBIT THE WITHDRAWAL, REMOVAL, TRANSFER OR OTHER DISPOSAL OF ANY SUCH ASSETS, FUNDS OR OTHER PROPERTIES, INCLUDING WITHOUT LIMITATION ALL ASSETS, FUNDS, OR OTHER PROPERTIES HELD IN DEFENDANTS' NAMES, HELD BY DEFENDANTS, OR UNDER DEFENDANTS' CONTROL; 4. PENDING A FINAL DISPOSITION OF THIS ACTION, DEFENDANTS SHALL NOT DESTROY, ALTER, OR CONCEAL DOCUMENTS, BOOKS, AND RECORDS THAT ARE IN THEIR POSSESSION, CUSTODY, OR CONTROL OF THEIR AGENTS, SERVANTS, EMPLOYEES, AND ATTORNEYS, AND THOSE PERSONS IN ACTIVE CONCERT OR PARTICIPATION WITH THEM, INCLUDING DOCUMENTS THAT CONCERN THE ALLEGATIONS IN THE COMPLAINT OR DEFENDANTS' FINANCES OR ASSETS; 5. THE EXPEDITED DISCOVERY SCHEDULE REFLECTED IN MY JUNE 3, 2019 ORDER (DOC. NO. #9 ) SHALL CONTINUE IN EFFECT, EXCEPT THAT DEFENDANT FALLCATCHER SHALL PROVIDE A FULL AND COMPLETE RESPONSES TO THE COMMISSION'S PENDING INTERROGATORIES AND DOCUMENT REQUESTS NO LATER THAN JUNE 28, 2019; 6. THIS ORDER SHALL BE, AND IS, BINDING UPON EACH OF THE DEFENDANTS, AND EACH OF THEIR RESPECTIVE OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ATTORNEYS, AND THOSE PERSONS IN ACTIVE CONCERT OR PARTICIPATION WITH THEM WHO RECEIVE ACTUAL NOTICE OF THIS ORDER BY PERSONAL SERVICE, FACSIMILE, ELECTRONIC MAIL, OVERNIGHT COURIER, OR OTHERWISE.SIGNED BY HONORABLE PAUL S. DIAMOND ON 6/18/2019. 6/20/2019 ENTERED AND COPIES E-MAILED.(rt)
|
| Filing 21 STIPULATION AND PROPOSED CONSENT ORDER IMPOSING PRELIMINARY INJUNCTION, FREEZING ASSETS, AND GRANTING OTHER RELIEF by FALLCATCHER, INC., HENRY FORD. (Attachments: #1 Certificate of Service)(O, SUSAN) |
| Filing 20 NOTICE of Appearance by KAREN E. WILLENKEN on behalf of SECURITIES AND EXCHANGE COMMISSION with Certificate of Service(WILLENKEN, KAREN) |
| Filing 19 Consent To SEC Request for a Preliminary Injunction re #9 Order,,,,, Set Motion and R&R Deadlines/Hearings,,,, #4 Order,,,,,,,,,,,, by FALLCATCHER, INC., HENRY FORD. (FELLHEIMER, ALAN) Modified on 6/17/2019 (lisad, ). |
| Filing 18 NOTICE of Appearance by SUSAN MOON O on behalf of FALLCATCHER, INC. with Certificate of Service(O, SUSAN) |
| Filing 17 NOTICE of Appearance by ALAN S. FELLHEIMER on behalf of FALLCATCHER, INC. with Certificate of Service(FELLHEIMER, ALAN) |
|
Filing 16
ORDERED THAT FORD'S EMERGENCY MOTION TO MODIFY TEMPORARY RESTRAINING ORDER (DOC. #10 ) IS DENIED WITHOUT PREJUDICE AS PREMATURE. FALLCATCHER'S LETTER REQUEST IS DENIED. ETC.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 6/12/2019.6/13/2019 ENTERED AND COPIES E-MAILED.(sg, )
|
| Filing 15 REPLY Memorandum of Law in Support re #10 MOTION to Modify Temporary Restraining Order filed by HENRY FORD. (Attachments: #1 Exhibit A. Ford Testimony, #2 Exhibit B. Ford Affidavit, #3 Exhibit C. Transcripts, #4 Exhibit D. Letter to SEC, #5 Exhibit E. Fellheimer Affidavit, #6 Certificate of Service)(FELLHEIMER, ALAN) Modified on 6/13/2019 (lisad, ). |
|
Filing 14
ORDER UPON CONSIDERATION OF DEFENDANT HENRY FORD'S EMERGENCY MOTION TO MODIFY TEMPORARY RESTRAINING ORDER (DOC. NO. #10 ), DEFENDANT FALLCATCHER'S LETTER REQUEST (DOC. NO. #11 EX A.), AND THE SEC'S RESPONSE (DOC. NO. #12 ), IT IS HEREBY ORDERED THAT DEFENDANTS SHALL REPLY TO THE SEC'S RESPONSE (DOC. NO. #12 ) NO LATER THAN NOON ON JUNE 12, 2019.SIGNED BY HONORABLE PAUL S. DIAMOND ON 6/10/2019. 6/10/2019 ENTERED AND COPIES E-MAILED.(rt)
|
| Filing 13 AMENDED DOCUMENT by SECURITIES AND EXCHANGE COMMISSION. Amendment to #12 Response in Opposition to Motion, Amended Exhibit 52 to the Declaration of Karen Willenken. (KRISHNAMURTHY, PREETHI) |
| Filing 12 MEMORANDUM of Law Opposing re #10 MOTION to Modify and Letter Request by Alan Fellheimer filed by SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Declaration of Karen Willenken, #2 Exhibit 27A, #3 Exhibit 44, #4 Exhibit 45, #5 Exhibit 46, #6 Exhibit 47, #7 Exhibit 48, #8 Exhibit 49, #9 Exhibit 50, #10 Exhibit 51, #11 Exhibit 52, #12 Exhibit 53, #13 Exhibit 54, #14 Exhibit 55, #15 Certificate of Service)(KRISHNAMURTHY, PREETHI) Modified on 6/11/2019 (lisad, ). |
|
Filing 11
ORDER UPON CONSIDERATION OF DEFENDANT HENRY FORD'S LETTER REQUEST (EX. A) AND EMERGENCY MOTION TO MODIFY TEMPORARY RESTRAINING ORDER (DOC. NO. #10 ), IT IS HEREBY ORDERED THAT THE SEC SHALL RESPOND TO DEFENDANT'S LETTER REQUEST (EX. A) AND MOTION (DOC. NO. #10 ) NO LATER THAN 10:00 A.M. ON MONDAY JUNE 10, 2019.SIGNED BY HONORABLE PAUL S. DIAMOND ON 6/6/2019. (Attachments: #1 Exhibit) 6/6/2019 ENTERED AND COPIES E-MAILED.(rt)
|
| Filing 10 DEFENDANT'S EMERGENCY MOTION TO MODIFY TEMPORARY RESTRAINING ORDER, MEMORANDUM, AFFIDAVIT, CERTIFICATE OF SERVICE. (Attachments: #1 Memorandum, #2 Affidavit, #3 Certificate of Service, #4 Text of Proposed Order)(fdc) |
|
Filing 9
ORDER THAT THE PARTIES' JOINT STIPULATION (EX. A) IS APPROVED AND ADOPTED. THE 5/22/19 ORDER #4 IS AMENDED AS FOLLOWS: DEFENDANTS SHALL PROVIDE FULL AND COMPLETE RESPONSES TO THE SEC'S WRITTEN DISCOVERY REQUESTS NO LATER THAN 6/14/19. THE SEC MAY TAKE AND COMPLETE APPROPRIATE DEPOSITIONS BY 6/19/19. A HEARING REGARDING THE SEC'S PRELIMINARY INJUNCTION MOTION IS SCHEDULED FOR JUNE 24, 2019 AT 3:30 PM AND, IF NECESSARY, SHALL BE CONTINUED ON 6/25/19 AT 2:00 PM. DEFENDANTS SHALL RESPOND TO THE SEC'S REQUEST FOR A PRELIMINARY INJUNCTION BY 6/14/19; AND ALL OTHER ASPECTS OF THE 5/22/19 ORDER - INCLUDING THE PROHIBITION ON DESTRUCTION, ALTERATION, AND CONCEALMENT OF DOCUMENTS CONTAINED IN PARAHGRAPH 7 AND THE ASSET FREEZE CONTAINED IN PARAGRAPH 8 - SHALL CONTINUE IN EFFECT UNTIL 6/25/19 AT 6:00 PM. SIGNED BY CHIEF JUDGE JUAN R. SANCHEZ FOR HONORABLE PAUL S. DIAMOND ON 5/31/19. (Attachments: #1 Stip & Proposed Order) 6/3/19 ENTERED & E-MAILED.(fdc) Modified on 6/4/2019 (lisad, ).
|
| Filing 8 WAIVER OF SERVICE Returned Executed by SECURITIES AND EXCHANGE COMMISSION. HENRY FORD waiver sent on 5/29/2019, answer due 7/29/2019. (KRISHNAMURTHY, PREETHI) |
| Filing 7 NOTICE of Appearance by SUSAN MOON O on behalf of HENRY FORD with Certificate of Service (Attachments: #1 Certificate of Service)(O, SUSAN) |
| Filing 6 NOTICE of Appearance by JOHN J. JACKO, III on behalf of HENRY FORD with Certificate of Service (Attachments: #1 Certificate of Service)(JACKO, JOHN) |
| Filing 5 NOTICE of Appearance by ALAN S. FELLHEIMER on behalf of HENRY FORD with Certificate of Service(FELLHEIMER, ALAN) |
| Filing 4 THE SEC SEEKS A TEMPORARY RESTRAINING ORDER AGAINST DEFENDANTS HENRY FORD AND FALLCATCHER, INC.: (1) FREEZING DEFENDANTS ASSETS; (2) PREVENTING DEFENDANTS FROM DESTROYING, ALTERING, OR CONCEALING DOCUMENTS; (3) PERMITTING THE SEC TO TAKE EXPEDITED DISCOVERY CONCERNING DEFENDANTS ASSETS; AND (4) REQUIRING DEFENDANTS TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT BE ENTERED. I WILL GRANT THE SECS MOTION.ACCORDINGLY, THE SEC HAS SHOWN THAT IT HAS A LIKLIHOOD OF SUCCESS ON THE MERITS. AND NOW, THIS 22ND DAY OF MAY, 2019, IT IS HEREBY ORDERED THAT: 1. THE SECS MOTION FOR A TEMPORARY RESTRAINING ORDER IS GRANTED; 2. THE SECS REQUEST TO TAKE EXPEDITED DISCOVERY CONCERNING DEFENDANTS ASSETS IS GRANTED; 3. THE SEC SHALL PROPOUND ALL INTERROGATORIES AND REQUESTS FOR DOCUMENT PRODUCTION NO LATER THAN MAY 24, 2019 AT 5:00 PM. DEFENDANTS SHALL PROVIDE FULL AND COMPLETE RESPONSD NO LATER THAN MAY 29, 2019 AT NOON. THE SEC MAY TAKE AND COMPLETE APPROPRIATE INTERROGATORIES BY JUNE 5, 2019 AT NOON; 4. A HEARING REGARIND THE SECS PRELIMINARY INJUNCTION MOTION IS SCHEDULED FOR JUNE 6, 2019 AT 3:00 PM; 5. DEFENDANTS SHALL RESPOND TO THE SECS REQUEST FOR A PRELIMINARY INJUNCTION BY JUNE 3, 2019 AT NOON; 6. THE ORDER EXPIRES ON JUNE 6, 2019 AT 6:00 PM; 7. DEFENDANTS SHALL NOT DESTROY, ALTER, OR CONCEAL DOCUMENTS, BOOKS, AND RECORDS THAT ARE IN THE POSSESSION, CUSTODY, OR CONTROL OF THEIR AGENTS, SERVANTS, EMPLOYEES, AND ATTORNEYS, AND THOSE PERSONS IN ACTIVE CONCERT OR PARTICIPATION WITH THEM, INCLUDING DOCUMENTS THAT CONCERN THE ALLEGATIONS IN THE COMPLAINT OR DEFENDANTS FINANCES; AND 8. PENDING A HEARING AND DETERMINATION OF THE SECS PRELIMINARY INJUNCTION MOTION, DEFENDANTS FINANCIAL AND BROKERAGE INSTITUTIONS, AGENTS, SERVANTS, EMPLOYEES, AND ATTORNEYS, AND THOSE PERSONS IN ACTIVE CONCERT OR PARTICIATION WITH THEM WHO RECEIVE ACTUAL NOTICE OF THIS ORDER BY PERSONAL SERVICE, FACSIMILE SERVICE, TELEPHONE NOTICE, EMAIL NOTICE, OR OTHERWISE, AND EACH OF THEM HOLD AND RETAIN WITHIN THEIR CONTROL AND OTHERWISE PREVENT ANY WITHDRAWAL, TRANSFER, PLEDGE, ENCUMBRANCE, ASSIGNMENT, DISSIPATION, CONCEALMENT OR OTHER DISPOSAL (INCLUDING USE OF ANY CREDIT CARDS OR ANY OTHER INCURRING OF DEBT) OF ANY ASSETS, FUNDS, OR OTHER PROPERTY (INCLUDING MONEY, REAL OR PERSONAL PROPERTY, SECURITIES, COMMODITIES, CHOSES IN ACTION OR OTHER PROPERTY OF ANY KIND WHATSOEVER, IN WHATEVER FORM SUCH ASSETS MAY PRESENTLY EXIST AND WHEREVER LOCATED) OF, HELD BY, OR UNDER THE CONTROL OF DEFENDANTS, WHETHER HELD IN THEIR NAME OR FOR THEIR DIRECT OR INDIRECT BENEFICIAL INTEREST, 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 DEFENDANTS TO HOLD OR RETAIN WITHIN IT CONTROL AND PROHIBIT THE WITHDRAWAL, REMOVAL, TRANSFER OR OTHER DISPOSAL OF ANY SUCH ASSETS, FUNDS OR OTHER PROPERTIES, INCLUDING WITHOUT LIMITATION ALL ASSETS, FUND, OR OTHER PROPERTIES HELD IN DEFENDANTS NAMES, HELD BY DEFENDANTS, OR UNDER DEFENDANTS CONTROL.SIGNED BY HONORABLE PAUL S. DIAMOND ON 5/22/2019. 5/22/2019 ENTERED AND COPIES E-MAILED. (COPIES MAILED TO H. FORD AND A. LIPMAN ON 5/28/2019). (rt) Modified on 5/28/2019 (rt). |
| Filing 3 Exhibits to the Declaration of Megan Genet (Attachments: #1 Ex 2, #2 Ex 3, #3 Ex 4, #4 Ex 5, #5 Ex 6, #6 Ex 7, #7 Ex 8, #8 Ex 9, #9 Ex 10, #10 Ex 11, #11 Ex 12, #12 Ex 13, #13 Ex 14, #14 Ex 15, #15 Ex 16, #16 Ex 17, #17 Ex 18, #18 Ex 19, #19 Ex 20, #20 Ex 21, #21 Ex 22, #22 Ex 23, #23 Ex 24, #24 Ex 25, #25 Ex 26, #26 Ex 27, #27 Ex 28, #28 Ex 29, #29 Ex 30, #30 Ex 31, #31 Ex 32, #32 Ex 33, #33 Ex 34, #34 Ex 35, #35 Ex 36, #36 Ex 37, #37 Ex 38, #38 Ex 39, #39 Ex 40, #40 Ex 41, #41 Ex 42, #42 Ex 43)(mbh, ) |
| Filing 1 Complaint against FALLCATCHER, INC. and HENRY FORD filed by SECURITIES AND EXCHANGE COMMISSION.(mbh, ) (Additional attachment(s) added on 5/22/2019: #1 Civil Coversheet) (mbh, ). (Additional attachment(s) added on 5/22/2019: #1 Civil Coversheets) (mbh, ). |
| (2) Summons Issued as to FALLCATCHER, INC., HENRY FORD. Forwarded To: counsel on 5/22/19 (mbh, ) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Pennsylvania Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
