SECURITIES AND EXCHANGE COMMISSION v. CARNEY et al
| SECURITIES AND EXCHANGE COMMISSION |
| KEVIN T. CARNEY, ROBERT J. IREY and JONATHAN D. FREEZE |
| 2:2021cv00720 |
| June 1, 2021 |
| US District Court for the Western District of Pennsylvania |
| Robert J Colville |
| William S Stickman |
| Securities/Commodities |
| 15 U.S.C. § 77 Securities Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 1, 2021. A more recent docket listing may be available from PACER.
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Filing 34
ORDER indicating that, given the representations in Defendant Kevin T. Carney's Motion to Stay Proceedings Pending Resolution of Parallel Criminal Prosecution #32 , which requests a stay of the present proceedings as to only Defendant Kevin T. Carney, and given that Plaintiff takes no position as to the relief requested by way of the Motion, see Mot. 16, ECF. No. #32 , the Court sees no reason as to why the entire present matter should not be stayed as to all of the Defendants pending resolution of the parallel criminal prosecutions. Accordingly, it is hereby ordered that this case is stayed as to all Defendants pending further order of court. Any party may seek relief from this Order, if appropriate, at any time. It is hereby further ordered that Plaintiff's Motion for Default Judgment #21 , which was filed as to all three Defendants and remains pending as to only Defendant Jonathan D. Freeze, is dismissed without prejudice to be refiled, if warranted and appropriate, when the stay in this matter is lifted. It is hereby further ordered that, given the stay imposed by this Order, Defendant Robert J. Irey's Motion to Extend Time to File Answer to the Complaint #33 is dismissed as moot. Defendants Robert J. Irey and Kevin T. Carney shall file an answer to the Complaint within 21 days of the stay being lifted in this matter. Signed by Judge Robert J. Colville on 10/1/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
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| Filing 33 MOTION for Extension of Time to File Answer to the Complaint by ROBERT J. IREY. (Attachments: #1 Proposed Order) (Lipson, Andrew) |
| Filing 32 MOTION to Stay Proceedings Pending Resolution of Parallel Criminal Prosecution by KEVIN T. CARNEY. (Attachments: #1 Proposed Order, #2 Certificate of Service) (Attisano, Marco) |
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Filing 31
ORDER granting #27 Defendant Kevin Carney's Motion To Vacate Entry Of Default And Extend Time To File Answer To the Complaint; that the entry of default by the Clerk of Court #18 , entered on 7/15/21, at to Defendant Kevin Carney is hereby vacated; that Defendant Kevin Carney's answer to the Complaint is due on or before 10/21/21. Signed by Judge Robert J. Colville on 9/30/21. (jg)
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| Filing 30 RESPONSE to Motion re #27 MOTION to Vacate Entry of Default MOTION for Extension of Time to File Answer To Complaint filed by SECURITIES AND EXCHANGE COMMISSION. (Klotz, Karen) |
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Filing 29
ORDER granting #28 Motion for Extension of Time to Answer; Defendant ROBERT J. IREY's Answer to Complaint is now due by 10/1/21. Signed by Judge Robert J. Colville on 9/17/21. (jg)
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| Filing 28 MOTION for Extension of Time to File Answer to the Complaint by ROBERT J. IREY. (Attachments: #1 Proposed Order) (Lipson, Andrew) |
| Filing 27 MOTION to Vacate Entry of Default, MOTION for Extension of Time to File Answer To Complaint by KEVIN T. CARNEY. (Attachments: #1 Proposed Order, #2 Certificate of Service) (Attisano, Marco) |
| Filing 26 NOTICE of Appearance by Marco S. Attisano on behalf of KEVIN T. CARNEY. (Attisano, Marco) |
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Filing 25
ORDER granting Defendant Robert J. Irey's Motion to Vacate Entry of Default and Extend Time to File Answer; that the entry of default by the Clerk of Court, entered 7/15/21, is vacated as to Defendant Robert J. Irey; that Defendant Robert J. Irey's Answer to Complaint is due by 9/17/21. Signed by Judge Robert J. Colville on 8/26/21. (jg)
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| Filing 24 RESPONSE to Motion re #23 MOTION to Vacate Entry of Default MOTION for Extension of Time to File Answer to the Complaint filed by SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Certificate of Service) (Klotz, Karen) |
| Filing 23 MOTION to Vacate Entry of Default, MOTION for Extension of Time to File Answer to the Complaint by ROBERT J. IREY. (Attachments: #1 Proposed Order) (Lipson, Andrew) |
| Filing 22 NOTICE of Appearance by Andrew Lipson on behalf of ROBERT J. IREY. (Lipson, Andrew) |
| BRIEF in Support re #21 Motion for Default Judgment, filed by SECURITIES AND EXCHANGE COMMISSION. See document attached to #21 Motion. (cel) Modified text on 8/17/2021. (cel) |
| Filing 21 MOTION for Default Judgment against KEVIN T. CARNEY, JONATHAN D. FREEZE, ROBERT J. IREY and Permanent Injunctions by SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Memorandum of Law in support of Motion, #2 KMK Declaration, #3 Proposed Order, #4 Certificate of Service) (Klotz, Karen) |
| Filing 20 CLERK'S ENTRY OF DEFAULT as to ROBERT J. IREY (cel) |
| Filing 19 CLERK'S ENTRY OF DEFAULT as to JONATHAN D. FREEZE (cel) |
| Filing 18 CLERK'S ENTRY OF DEFAULT as to KEVIN T. CARNEY (cel) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #12 Affidavit of Service, #14 Affidavit of Service, #13 Affidavit of Service. ERROR: Wrong event selected. CORRECTION: Re-docketed as Summons / Return of Service Returned Executed. This message is for informational purposes only. (cel) |
| Filing 17 REQUEST by SECURITIES AND EXCHANGE COMMISSION for entry of DEFAULT against ROBERT J. IREY . (Attachments: #1 Declaration of Karen M. Klotz, #2 Exhibit A, #3 Proposed Order, #4 Certificate of Service) (Klotz, Karen) |
| Filing 16 REQUEST by SECURITIES AND EXCHANGE COMMISSION for entry of DEFAULT against JONATHAN D. FREEZE . (Attachments: #1 Declaration of Karen M. Klotz, #2 Exhibit A, #3 Proposed Order, #4 Certificate of Service) (Klotz, Karen) |
| Filing 15 REQUEST by SECURITIES AND EXCHANGE COMMISSION for entry of DEFAULT against KEVIN T. CARNEY . (Attachments: #1 Declaration of Karen M. Klotz, #2 Exhibit A, #3 Proposed Order, #4 Certificate of Service) (Klotz, Karen) |
| SUMMONS/Return of Service Returned Executed by SECURITIES AND EXCHANGE COMMISSION. KEVIN T. CARNEY served on 6/9/2021, answer due 6/30/2021; JONATHAN D. FREEZE served on 6/9/2021, answer due 6/30/2021; ROBERT J. IREY served on 6/9/2021, answer due 6/30/2021. See the documents filed at #12 , #13 and #14 (cel) |
| Filing 14 AFFIDAVIT of Service for Complaint and Summons served on Robert J. Irey on 6/9/2021, filed by SECURITIES AND EXCHANGE COMMISSION. (Klotz, Karen) |
| Filing 13 AFFIDAVIT of Service for Complaint and Summons served on Jonathan D. Freeze on 6/9/2021, filed by SECURITIES AND EXCHANGE COMMISSION. (Klotz, Karen) |
| Filing 12 AFFIDAVIT of Service for Complaint and Summons served on Kevin T. Carney on 6/9/2021, filed by SECURITIES AND EXCHANGE COMMISSION. (Klotz, Karen) |
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Filing 11
ORDER granting #10 Motion for Jennifer Chun Barry, Esquire to Appear Pro Hac Vice (on behalf of Plaintiff). Signed by Judge Robert J. Colville on 6/16/21. (jg)
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| Filing 10 MOTION for attorney Jennifer Chun Barry to Appear Pro Hac Vice, (Filing fee $70 by SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Exhibit 1 Affidavit of Jennifer Chun Barry, #2 Exhibit 2 Certificate of Good Standing for Jennifer Chun Barry, #3 Proposed Order, #4 Certificate of Service) (Barry, Jennifer) |
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Filing 9
ORDER granting #8 Motion for Karen M. Klotz, Esquire to Appear Pro Hac Vice (on behalf of Plaintiff). Signed by Judge Robert J. Colville on 6/16/21. (jg)
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| Filing 8 MOTION for attorney Karen M. Klotz to Appear Pro Hac Vice, (Filing fee $70 by SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Exhibit 1 Affidavit of Karen M. Klotz, #2 Exhibit 2 Certificate of Good Standing of Karen M. Klotz, #3 Proposed Order, #4 Certificate of Service) (Klotz, Karen) |
| Update Answer Deadline: Answer due from KEVIN T. CARNEY on 6/30/2021; JONATHAN D. FREEZE on 6/30/2021; ROBERT J. IREY on 6/30/2021 (jd) |
| Filing 7 AT&T SCHEDULING NOTICE FOR ALL TELEPHONIC CONFERENCES. Every Telephonic Conference conducted will be via an AT&T call-in number which requires participants to dial-in and provide an access code. When a Telephonic Conference is scheduled you will be instructed to refer back to this. This document has a security setting of "Case Participants Only," so only those individuals will have access to view the document. (jg) |
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Filing 6
ORDER RE: Rule 12(b) Motions (details more fully stated in said Order). Signed by Judge Robert J. Colville on 6/3/21. (jg)
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| Filing 5 NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (jg) |
| Filing 4 NOTICE of Judge Colville's brother's employment with the United States Attorney's Office. (jg) |
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Filing 3
ORDER REASSIGNING CASE. Case reassigned to Judge Robert J. Colville for all further proceedings. Judge William S. Stickman no longer assigned to case. Signed by Judge William S. Stickman on 06/03/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eca)
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| Filing 2 Summons Issued as to KEVIN T. CARNEY, JONATHAN D. FREEZE, ROBERT J. IREY (Attachments: #1 Summons, #2 Summons) (cel) |
| Filing 1 COMPLAINT against KEVIN T. CARNEY, JONATHAN D. FREEZE, ROBERT J. IREY filed by SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Civil Cover Sheet) (cel) |
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