Securities & Exchange Commission v. Platinum Management (NY) LLC, et al.

Platinum Receivership


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Court Docket

United States District Court
Eastern District of New York
Platinum Receivership
Case No. 1:16-cv-6848 (BMC)(VMS)


View Dockets:1-50 | 51-100 | 101-150 | 151-200 | 201-250 | 251-300 | 301-350 | 351-374

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Date Court Document Number Description
08/17/2018 374 Amended MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10665875. by Mark Nordlicht. (Attachments: # (1) Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, # (2) Proposed Order for Admission Pro Hac Vice, # (3) Supplement Certificate of Good Standing) (Fryer, Lisabeth)
08/16/2018 373 NOTICE by Mark Nordlicht Certificate of Good Standing (Fryer, Lisabeth)
08/14/2018 372 RESPONSE in Opposition re [369] Letter MOTION for pre motion conference and Objection to the Abdala Sale Motion filed by Court-Appointed Receiver. (Cyganowski, Melanie)
08/13/2018 371 Notice of Related Case (Bowens, Priscilla)
08/13/2018 370 NOTICE of Appearance by Joseph K. Grekin on behalf of Schafer and Weiner, PLLC (aty to be noticed) (Grekin, Joseph)
08/10/2018 369 Letter MOTION for pre motion conference by Zanhav Holding LLC, Piping Brook LLC. (Kingsbery, Paul)
08/10/2018 368 MEMORANDUM in Support re [367] Declaration,, /Reply Memorandum in Further Support of Motion of Melanie L. Cyganowski, as Receiver, for Entry of an Order Approving the Sale of the Receivership's Rights in and to a Gold Tailings Pond known as "Abdala" and Authorizing her to Pay the Fees and Expenses of Platinum's Brazilian Counsel filed by Receiver. (Cyganowski, Melanie)
08/10/2018 367 DECLARATION re [357] Notice of MOTION for Order of Sale of Melanie L. Cyganowski, as Receiver, for Entry of an Order Approving the Sale of the Receiverships Rights in and to a Gold Tailings Pond Known as Abdala and Authorizing Her to Pay the Fees and Expenses of Platinu /Reply Declaration of Melanie L. Cyganowski, as Receiver, in further support of Motion to Approve Sale of Abdala and to Pay Brazailian Counsel from the Sale Proceeds by Receiver (Attachments: # (1) Exhibit 1.) (Cyganowski, Melanie)
08/09/2018 ORDER granting [365] Motion for Extension of Time to Complete Discovery. The Receiver may proceed to take the depositions of Judge Rhodes and Mr. Baum by 8/31/2018 in New York; the deadline for submitting supplemental briefs is extended to 9/28/2018. Ordered by Judge Brian M. Cogan on 8/9/2018. (Weisberg, Peggy)
08/09/2018 366 NOTICE of Appearance by Nicholas R. Marcus on behalf of Schafer and Weiner, PLLC (aty to be noticed) (Marcus, Nicholas)
08/09/2018 365 Letter MOTION for Extension of Time to Complete Discovery by Schafer and Weiner, PLLC. (Zaretsky, Michael)
08/06/2018 364 DECLARATION re [357] Notice of MOTION for Order of Sale of Melanie L. Cyganowski, as Receiver, for Entry of an Order Approving the Sale of the Receiverships Rights in and to a Gold Tailings Pond Known as Abdala and Authorizing Her to Pay the Fees and Expenses of Platinu /Declaration of Melanie L. Cyganowski, as Receiver, Filing Objections from Parties-In-Interest to Sale Motion by Receiver (Attachments: # (1) Exhibit 1., # (2) Exhibit 2., # (3) Exhibit 3.) (Cyganowski, Melanie)
08/04/2018 ORDER denying [361] [362] Motion for Discovery. S&W's position is frivolous. Both deposition notices are quashed. As to the SEC attorney, the topics about which S&W seeks to inquire are irrelevant to the resolution of the core disputes between the parties: whether the Participation Agreement required prior court approval and whether S&W put its own interests ahead of those of its client. When the SEC became aware of the alleged conflict between S&W and its client, the basis for its allegations, and the basis for its objections are either irrelevant or already within the knowledge of S&W. As for the other deposition, the Receiver does not have any factual knowledge that bears on the instant dispute. Should S&W's fee application ultimately be granted in any part, it will be reduced by $500 to make up for wasting everyone's time with this motion. All parties should be assured that any further quibbling between attorneys over the scope of discovery will be subject to a similar evaluation of their good faith, and the Court is fully prepared to increase sanctions exponentially if necessary to ensure that discovery is conducted in a reasonable manner. Ordered by Judge Brian M. Cogan on 8/4/2018. (Cogan, Brian)
08/03/2018 ORDER denying [360] Motion for Leave to Appear Pro Hac Vice without prejudice to renewal upon compliance with Local Rule 1.3(c), which requires that in order to be admitted pro hac vice, the applicant must file a certificate of good standing from the state in which the applicant is a member of the bar which has been issued within thirty (30) days of the application. Ordered by Judge Brian M. Cogan on 8/3/2018. (Weisberg, Peggy)
08/03/2018 ORDER denying [359] Motion for Leave to Appear Pro Hac Vice without prejudice to renewal upon compliance with Local Civil Rule 1.3(c), which requires that in order to be admitted pro hac vice, the applicant must file a certificate of good standing from the state in which the applicant is a member of the bar which has been issued within thirty (30) days of the application. Ordered by Judge Brian M. Cogan on 8/3/2018. (Weisberg, Peggy)
08/03/2018 ORDER granting [355] [356] Motions for Leave to Appear Pro Hac Vice as counsel for creditor Schafer and Weiner PLLC. The attorneys, Joseph K. Grekin and Nicholas Robert Marcus shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorneys shall file a notice of appearance and ensure they receive electronic notification of activity in this case. Also, each attorney shall ensure that the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Judge Brian M. Cogan on 8/3/2018. (Weisberg, Peggy)
08/03/2018 363 Letter Dated August 3, 2018 Re: Letter to Court Regarding Payment to Arbitrator. by Receiver (Cyganowski, Melanie)
08/02/2018 362 MOTION for Discovery Joint Letter Regarding Discovery Dispute and Receiver's Request for Leave to File Motion to Quash Notice of Deposition Issued to Receiver by Fee Applicant by Receiver. (Cyganowski, Melanie)
08/02/2018 361 MOTION for Discovery Joint Letter Regarding Discovery Dispute and SEC's Request for Leave to File Motion to Quash Rule 30(b)(6) Notice of Deposition by United States Securities and Exchange Commission. (Attachments: #(1) Exhibit Notice of Deposition) (McGrath, Kevin)
08/02/2018 360 MOTION for Leave to Appear Pro Hac Vice by Attorney Ronald S. Sullivan, Jr. as Lead Counsel Filing fee $ 150, receipt number 0207-10629222. by Mark Nordlicht. (Attachments: #(1) Affidavit, #(2) Certificate of Good Standing, #(3) Certificate of Good Standing) (Fryer, Lisabeth)
08/02/2018 359 MOTION for Leave to Appear Pro Hac Vice by Attorney Lisabeth Fryer as Co-Counsel Filing fee $ 150, receipt number 0207-10629142. by Mark Nordlicht. (Attachments: #(1) Affidavit, #(2) Certificate of Good Standing) (Fryer, Lisabeth)
07/31/2018 358 MEMORANDUM in Support re [357] Notice of MOTION for Order of Sale of Melanie L. Cyganowski, as Receiver, for Entry of an Order Approving the Sale of the Receiverships Rights in and to a Gold Tailings Pond Known as Abdala and Authorizing Her to Pay the Fees and Expenses of Platinu filed by United States Securities and Exchange Commission. (Jacobson, Neal)
07/27/2018 357 Notice of MOTION for Order of Sale of Melanie L. Cyganowski, as Receiver, for Entry of an Order Approving the Sale of the Receiverships Rights in and to a Gold Tailings Pond Known as Abdala and Authorizing Her to Pay the Fees and Expenses of Platinums Brazilian Counsel by Receiver. (Attachments: # (1) Declaration of Melanie L. Cyganowski, as Receiver in Support of Motion, # (2) Proposed Order, # (3) Declaration of Houlihan Lokey Capital, Inc in Support of Receivers Motion, # (4) Memorandum in Support of Motion of Melanie L. Cyganowski, as Receiver for Entry of an Order Approving the Sale) (Cyganowski, Melanie)
07/24/2018 356 MOTION for Leave to Appear Pro Hac Vice by Nicholas Marcus Filing fee $ 150, receipt number 0207-10606866. by Schafer and Weiner, PLLC. (Grekin, Joseph)
07/24/2018 355 MOTION for Leave to Appear Pro Hac Vice by Joseph Grekin Filing fee $ 150, receipt number 0207-10606783. by Schafer and Weiner, PLLC. (Grekin, Joseph)
07/20/2018 354 STATUS REPORT /Receivers Fourth Status Report to the Court by Receiver (Attachments: # (1) Exhibit A., # (2) Exhibit B.) (Cyganowski, Melanie)
07/20/2018 ORDER deferring ruling on [348] Motion to Withdraw. Nordlicht has retained new counsel who have entered notices of appearance in his related criminal case. They have not done so here. It is not clear if Nordlicht intends to proceed pro se in this action; if that is not the case, his newly retained counsel should file their notices of appearance on this docket. If he intends to proceed pro se, he should file a letter informing the Court. Ordered by Judge Brian M. Cogan on 7/20/2018. (Weisberg, Peggy)
07/17/2018 353 MEMORANDUM DECISION AND ORDER dated 7/16/18 denying Non-Party Navidea Biopharmaceuticals, Inc. [342] Motion Non-party Navidea Biopharmaceuticals, Inc. seeks an order lifting the litigation stay in this receivership case so that it may implead one of the companies in receivership in an action pending outside the receivership. Because the costs to the Receivership and resulting prejudice to other parties-in-interest outweigh the prejudice that Navidea might suffer from deferring its litigation, the motion is denied. ( Ordered by Judge Brian M. Cogan on 7/16/2018 ) (Guzzi, Roseann)
07/12/2018 352 REPLY in Support re [342] MOTION to Vacate [276] Order,,,, Litigation Stay as to Navideas Third Party Complaint Against PPCO filed by Navidea Biopharmaceuticals, Inc.. (Folland, Robert)
07/12/2018 ORDER. In light of the SEC's letter at [351], the Status Conference previously scheduled for 7/16/2018 is adjourned to 8/27/2018 at 10:30 am in Courtroom 8D South. The parties are required to file a Proposed Joint Agenda 48 hours prior to the conference. Ordered by Judge Brian M. Cogan on 7/12/2018. (Weisberg, Peggy)
07/11/2018 351 Letter re Proposed Agenda for July 16, 2018 Status Conference by United States Securities and Exchange Commission (McGrath, Kevin)
07/02/2018 ORDER granting [349] Motion for Extension of Time to File Reply is extended until July 19, 2018. Ordered by Judge Brian M. Cogan on 7/2/2018. (Clarke, Melonie)
07/02/2018 349 MOTION for Extension of Time to File Response/Reply Brief in Support of Motion to Vacate Litigation Stay as to Navidea's Third Party Complaint Against PPCO by Navidea Biopharmaceuticals, Inc.. (Folland, Robert)
06/29/2018 348 MOTION to Withdraw as Attorney by Mark Nordlicht, Platinum Management (NY) LLC. (Attachments: #(1) Declaration) (Burck, William)
06/28/2018 347 MEMORANDUM in Opposition re [342] MOTION to Vacate [276] Order,,,, Litigation Stay as to Navideas Third Party Complaint Against PPCO /Memorandum of Melanie L. Cyganowski, as Receiver, in Opposition to Non-Party Navidea Biopharmaceuticals, Inc.s Motion for an Order Lifting the Litigation Stay for Navideas Third Party Complaint Against Platinum Partners Credit Opportunities Master Fund LP filed by Receiver. (Cyganowski, Melanie)
06/25/2018 ORDER granting [346] Motion for Discovery. Final date as per schedule is 9/7/18. Ordered by Judge Brian M. Cogan on 6/25/2018. (Clarke, Melonie)
06/22/2018 346 Joint MOTION for Discovery and Briefing Schedule by Receiver. (Cyganowski, Melanie)
06/22/2018 345 REPLY in Opposition re [335] Reply in Support, [332] Memorandum in Opposition,, Corrected Receiver's Sur-Reply in Further Response to the Filings of Schafer & Weiner on June 11, and June 13, 2018 filed by Receiver. (Cyganowski, Melanie)
06/22/2018 344 DECLARATION re [343] Reply in Opposition Declaration of Neal Jacobson in Support of Receiver's Sur-Reply in Further Response to the Filings of Schafer & Weiner PLLC by United States Securities and Exchange Commission (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5) (Jacobson, Neal)
06/22/2018 343 REPLY in Opposition re [335] Reply in Support, [332] Memorandum in Opposition,, / Receiver's Sur-Reply in Further Response to the Filings of Schafer & Weiner on June 11, and June 13, 2018 filed by Receiver. (Cyganowski, Melanie)
06/21/2018 342 MOTION to Vacate [276] Order, Litigation Stay as to Navideas Third Party Complaint Against PPCO by Navidea Biopharmaceuticals, Inc. (Attachments: #(1) Exhibit Exhibit A Verified Complaint Platinum-Montaur v Navidea, #(2) Exhibit Exhibit B Third Party Complaint Navidea v Platinum Partners Credit, #(3) Exhibit Exhibit C April 10 2018 letter from Folland to Silverstein, #(4) Exhibit Exhibit D April 27 2018 Letter from Weinick to Folland) (Folland, Robert)
06/18/2018 341 ORDER dated 6/17/18 approving [325] Third interim application of Goldin Associates, LLC for allowance of compensation and reimbursement of expenses incurred during the period January 1, 2018 through March 31, 2018. ( Ordered by Judge Brian M. Cogan on 6/17/2018 ) (Guzzi, Roseann)
06/18/2018 340 ORDER dated 6/17/18 approving [324] Third joint interim application of the receiver and Otterbourg P.C. for allowance of compensation and reimbursement of expenses incurred during the period January 1, 2018 through March 31, 2018. ( Ordered by Judge Brian M. Cogan on 6/17/2018 ) (Guzzi, Roseann)
06/18/2018 ORDER re: [337] Discovery Dispute Letter. S&W is entitled to issue the subpoena. The parties are to submit a joint proposed discovery and supplemental briefing schedule by 6/22/2018. Ordered by Judge Brian M. Cogan on 6/18/2018. (Weisberg, Peggy)
06/18/2018 339 NOTICE of Appearance by David Dirisamer on behalf of Navidea Biopharmaceuticals, Inc. (notification declined or already on case) (Dirisamer, David)
06/18/2018 338 NOTICE of Appearance by Robert Folland on behalf of Navidea Biopharmaceuticals, Inc. (notification declined or already on case) (Folland, Robert)
06/18/2018 ORDER re: [337] Discovery Dispute Letter. S&W is entitled to issue the subpoena. The parties are to submit a joint proposed discovery and supplemental briefing schedule by 6/22/2018. Ordered by Judge Brian M. Cogan on 6/18/2018. (Weisberg, Peggy)
06/15/2018 337 Letter dated June 15, 2018 Re: The Parties are unable to resolve a discovery dispute. by Receiver (Cyganowski, Melanie)
06/15/2018 ORDER re: [336]. The Receiver and the SEC's joint brief in response to Schafer and Weiner, PLLC's filings at [332] [335] is due by 6/22/2018. Counsel may file a 10-page joint memorandum, exclusive of any declaration from the SEC staff. Ordered by Judge Brian M. Cogan on 6/15/2018. (Weisberg, Peggy)
06/15/2018 336 MOTION for Extension of Time to File Response/Reply as to [335] Reply in Support, [332] Memorandum in Opposition, Letter dated June 15, 2018 requesting permission to jointly respond to the two recent filings. by Receiver. (Cyganowski, Melanie)
06/13/2018 ORDER granting [334] David Joseph Dirisamer's Motion for Leave to Appear Pro Hac Vice as counsel for Interested Party Navidea Biopharmaceuticals Inc. The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Judge Brian M. Cogan on 6/13/2018. (Weisberg, Peggy)
06/13/2018 ORDER granting [333] Robert C. Folland's Motion for Leave to Appear Pro Hac Vice as counsel for interested party Navidea Biopharmaceuticals Inc. The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Judge Brian M. Cogan on 6/13/2018. (Weisberg, Peggy)
06/13/2018 335 REPLY in Support supplemental submission filed by Schafer and Weiner, PLLC. (Attachments: # (1) Exhibit Transcript of June 7 decision of Judge Nelms) (Klein, Norman)
06/13/2018 334 Notice of MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10507618. by Navidea Biopharmaceuticals, Inc.. (Attachments: # (1) Affidavit Dirisamer Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, # (2) Proposed Order Order for Admission Pro Hac Vice, # (3) Supplement Certificates of Good Standing) (Dirisamer, David)
06/13/2018 333 Notice of MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10507581. by Navidea Biopharmaceuticals, Inc.. (Attachments: # (1) Affidavit Folland Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, # (2) Proposed Order Order for Admission Pro Hac Vice, # (3) Supplement Certificates of Good Standing) (Folland, Robert)
06/11/2018 332 MEMORANDUM in Opposition to Receiver's Cross-Motion and Reply to Opposition to Schefer and weiner Final Fee Application filed by Schafer and Weiner, PLLC. (Attachments: # (1) Exhibit Exhibit A-, # (2) Exhibit Exhibit B, # (3) Exhibit Exhibit C, # (4) Exhibit Exhibit D, # (5) Exhibit Exhibit E, # (6) Exhibit Exhibit F, # (7) Exhibit Exhibit G, # (8) Exhibit Exhibit H, # (9) Exhibit Exhibit I, # (10) Exhibit Exhibit J, # (11) Exhibit Exhibit K, # (12) Exhibit Exhibit L, # (13) Exhibit Exhibit M, # (14) Exhibit Exhibit N, # (15) Exhibit Exhibit O, # (16) Exhibit Exhibit P, # (17) Exhibit Exhibit Q, # (18) Exhibit Exhibit R, # (19) Exhibit Exhibit S, # (20) Exhibit Exhibit T, # (21) Exhibit Exhibit U) (Zaretsky, Michael)
06/11/2018 ORDER granting [331] Motion to Intervene. The motion to intervene (as an interested party, not as a "non-interested party," as the movant requests), is granted for the limited purpose of moving for pro hac vice admission of the movant's attorneys and, simultaneously, moving to modify the receivership stay to permit impleader of PPCO in the referenced Southern District of New York action. The requirement for a premotion conference in connection with those motions is waived. Ordered by Judge Brian M. Cogan on 6/11/2018. (Weisberg, Peggy)
06/11/2018 331 MOTION to Intervene submitted by Robert C. Follan, requesting to be added as a non-interested party. Seeking leave to lift the stay of litigation against the Receivership Estate and permit Navidea to proceed with its Third Party Complaint against PPCO. (Guzzi, Roseann)
06/06/2018 330 RESPONSE in Opposition re [326] Final MOTION for Attorney Fees and reimbursemet of expenses Plaintiff Securities and Exchange Commission's Joinder to Receiver's: (I) Opposition to Application of Schafer & Weiner, PLLC for Allowance of Compensation and Reimbursement of Expenses Incurred From December 19, 2016 Through June 13, 2017; and (II) Cross-Motion for Disgorgement of Previously Paid Legal Fees (Dkt.##328&329), RESPONSE to Motion re [326] Final MOTION for Attorney Fees and reimbursemet of expenses filed by United States Securities and Exchange Commission. (Jacobson, Neal)
06/06/2018 329 MEMORANDUM in Opposition re [326] Final MOTION for Attorney Fees and reimbursemet of expenses Memorandum of Law of Melanie L. Cyganowski, as Receiver, in: (I) Opposition to Application of Schafer and Weiner, PLLC for Allowance of Compensation and Reimbursement of Expenses Incurred from December 19, 2016 Through June 13, 2017; and (II) Support of Cross-Motion for Disgorgement of Previously Paid Legal Fees filed by Receiver. (Attachments: # (1) Exhibit A.) (Cyganowski, Melanie)
06/06/2018 328 Cross MOTION to Compel Notice by Melanie L. Cyganowski, as Receiver, of: (I) Opposition to Application of Schafer and Weiner, PLLC for Allowance of Compensation and Reimbursement of Expenses Incurred from December 19, 2016 Through June 13, 2017; and (II) Cross-Motion for Disgorgement of Previously Paid Legal Fees by Receiver. (Cyganowski, Melanie)
05/29/2018 327 AFFIDAVIT/AFFIRMATION re [326] Final MOTION for Attorney Fees and reimbursemet of expenses Proof of Service by Schafer and Weiner, PLLC (Klein, Norman)
05/29/2018 326 Final MOTION for Attorney Fees and reimbursemet of expenses by Schafer and Weiner, PLLC. (Attachments: #(1) Exhibit A-SFAR, #(2) Exhibit B-Summary of Fees Billed, #(3) Exhibit C- S&W Times Records ^ Expenses, #(4) Exhibit D-Expert Report, Judge Rhodes, #(5) Exhibit E-A.1 Certification, #(6) Exhibit F-M. Baum Declaration in support, #(7) Notice of Motion returnable June 12, 2018, #(8) Declaration,Supplemental of M. Baum, # (9) Proposed Order) (Klein, Norman)
05/25/2018 325 Third MOTION for Attorney Fees /Interim Application for Goldin Associates, LLC for Allowance of Compensation and Reimbursement of Expenses Incurred During the Period January 1, 2018 Through and Including March 31, 2018 by Goldin Associates, LLC. (Attachments: # (1) Exhibit A., #(2) Exhibit B., #(3) Exhibit C., #(4) Exhibit D., #(5) Exhibit E., #(6) Exhibit F., #(7) Proposed Order) (Cyganowski, Melanie)
05/25/2018 324 Third MOTION for Attorney Fees /Joint Interim Application of the Receiver and Otterbourg P.C. for Allowance of Compensation and Reimbursement of Expenses Incurred During the Period January 1, 2018 Through and Including March 31, 2018 by Otterbourg P.C., Receiver. (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) Proposed Order) (Cyganowski, Melanie)