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 | 301-341

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Date Court Document Number Description
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)
05/21/2018 ORDER. In light of the Status Report at [323], the Status Conference previously scheduled for 5/24/2018 is adjourned to 7/16/2018 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 5/21/2018. (Weisberg, Peggy)
05/18/2018 323 STATUS REPORT re Proposed Agenda for 5.24.18 Status Conference by United States Securities and Exchange Commission (McGrath, Kevin)
05/17/2018 ORDER granting [322] Motion to Withdraw as Attorney. Attorney Tracy L. Dayton terminated. Ordered by Judge Brian M. Cogan on 5/17/2018. (Weisberg, Peggy)
05/17/2018 322 MOTION to Withdraw as Attorney (Tracy L. Dayton) by Daniel Small. (Levine, Seth)
05/15/2018 ORDER granting in part S&W's [320] Motion for Pre Motion Conference. The promotion conference is waived. S&W may file its fee application. However, all parties are advised that if this Court finds that any party has filed papers in bad faith, the Court will not hesitate to impose sanctions, including but not limited to attorneys' fees, pursuant to Fed. R. Civ. P. 11. Moreover, the parties are advised this it is extremely unlikely that this Court is going to accept any consensual resolution of S&W's fee application, since allegations of bad faith have been raised and it is in the public interest to determine whether those allegations are valid or not. The Receiver is further advised that any letter filed in this action must include in the ECF entry line a brief description of the subject matter of the letter, e.g., "Letter response to S&W's proposed fee application", not just "Letter dated May 14, 2018 by Receiver", so that the docket remains intelligible. Ordered by Judge Brian M. Cogan on 5/15/2018. (Weisberg, Peggy)
05/14/2018 321 Letter dated May 14, 2018 by Receiver (Cyganowski, Melanie)
05/06/2018 ORDER. The Receiver and any other interested parties shall file a response to Schafer and Weiner PLLC's [320] letter by 5/14/2018. Ordered by Judge Brian M. Cogan on 5/6/2018. (Weisberg, Peggy)
05/04/2018 320 MOTION for pre motion conference by Schafer and Weiner, PLLC. (Klein, Norman)
04/25/2018 319 DECLARATION /Supplemental Declaration of Kenneth T. Latz {279} by Receiver (Cyganowski, Melanie)
04/23/2018 318 ORDER dated 4/23/18 APPROVING RECEIVERS MOTION FOR ORDER APPROVING THE SALE OF CERTAIN LIFE INSURANCE POLICIES re: [311 ] that the Sale Motion is granted; that the Receiver may proceed to close on the sales contemplated by the PSAs once all conditions to closing have been satisfied; that the objections to the sale are overruled, except to the extent that any priority held by an objector shall attach to the proceeds of this sale. ( Ordered by Judge Brian M. Cogan on 4/23/2018 ) (Guzzi, Roseann)
04/20/2018 317 STATUS REPORT / Receiver's Third Status Report to the Court by Receiver (Attachments: # (1) Exhibit A., # (2) Exhibit B.) (Cyganowski, Melanie)
04/20/2018 316 REPLY in Support re [311] Notice of MOTION for Order of Sale of Melanie L. Cyganowski, As Receiver, for Entry of an Order Approving the Sale of Certain Life Insurance Policies /Reply Declaration of Melanie L. Cyganowski, as Receiver, in Further Support of Motion to Approve Sale of Certain Life Insurance Policies filed by Receiver. (Cyganowski, Melanie)
04/16/2018 315 DECLARATION re [311] Notice of MOTION for Order of Sale of Melanie L. Cyganowski, As Receiver, for Entry of an Order Approving the Sale of Certain Life Insurance Policies by Receiver (Attachments: # (1) Exhibit 1.) (Weinick, Erik)
04/09/2018 314 DECLARATION re [311] Notice of MOTION for Order of Sale of Melanie L. Cyganowski, As Receiver, for Entry of an Order Approving the Sale of Certain Life Insurance Policies by Court-Appointed Receiver (Attachments: # (1) Exhibit) (Weinick, Erik)
04/04/2018 ORDER. In light of the Status Report at [313], the Status Conference previously scheduled for 4/9/2018 is adjourned to 5/24/2018 at 10:00 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 4/4/2018. (Clarke, Melonie)
04/04/2018 313 STATUS REPORT re Proposed Agenda for Status Conference by United States Securities and Exchange Commission (McGrath, Kevin)
04/03/2018 312 Letter re Notice of Motion of Melanie L. Cyganowski, as Receiver, for Entry of an Order Approving the Sale of Certain Life Insurance Policies [Dkt. No. 311] by Receiver (Cyganowski, Melanie)
03/23/2018 311 Notice of MOTION for Order of Sale of Melanie L. Cyganowski, As Receiver, for Entry of an Order Approving the Sale of Certain Life Insurance Policies by Receiver. (Attachments: # (1) Declaration of Melanie L. Gyganowski, # (2) Declaration of Houlihan Lokey Capital, Inc., # (3) Memorandum in Support) (Cyganowski, Melanie)
03/05/2018 310 ORDER re: [306] Second MOTION for Attorney Fees /Interim Application for Goldin Associates, LLC for Allowance of Compensation and Reimbursement of Expenses Incurred During the Period October 1, 2017 Through and Including December 31, 2017. ( Ordered by Judge Brian M. Cogan on 3/2/2018 ) (Guzzi, Roseann)
03/05/2018 309 ORDER re: [305] Second 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 October 1, 2017 Through and Including December 31, 2017.( Ordered by Judge Brian M. Cogan on 3/2/2018 ) (Guzzi, Roseann)
02/27/2018 308 ORDER granting [307] Motion to Withdraw as Attorney. Attorney Sonia Marquez terminated. ( Ordered by Judge Brian M. Cogan on 2/26/2018 ) (Guzzi, Roseann)
02/26/2018 307 MOTION to Withdraw as Attorney (Sonia Marquez) by Jeffrey Shulse. (Mann, Michael)
02/15/2018 306 Second MOTION for Attorney Fees /Interim Application for Goldin Associates, LLC for Allowance of Compensation and Reimbursement of Expenses Incurred During the Period October 1, 2017 Through and Including December 31, 2017 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)
02/15/2018 305 Second 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 October 1, 2017 Through and Including December 31, 2017 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)
02/02/2018 304 NOTICE by Receiver re [302] Status Report /Notice of filing of Corrected Second Status Report of Receiver to the Court (Attachments: # (1) Exhibit 1.) (Cyganowski, Melanie)
01/29/2018 ORDER. In light of the Status Report at [303], the Status Conference previously scheduled for 2/1/2018 is adjourned to 4/9/2018 at 10:00 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 1/29/2018. (Weisberg, Peggy)
01/29/2018 303 STATUS REPORT by United States Securities and Exchange Commission, Letter re Proposed Joint Agenda by United States Securities and Exchange Commission (McGrath, Kevin)
01/29/2018 ORDER. The parties are reminded that a Proposed Joint Agenda must be filed 48 hours prior to the conference scheduled for 2/1/2018. Ordered by Judge Brian M. Cogan on 1/29/2018. (Weisberg, Peggy)
01/22/2018 302 STATUS REPORT /Second Status Report To The Court by Receiver (Attachments: # (1) Exhibit A., # (2) Exhibit B.) (Cyganowski, Melanie)
01/22/2018 301 ORDER re: [298] Motion for authorizing the receiver's application to retain and pay Leite, Tosto E Barros Advogados Associados. ( Ordered by Judge Brian M. Cogan on 1/18/2018 ) (Guzzi, Roseann)
01/11/2018 300 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on December 1, 2017, before Judge Cogan. Court Reporter/Transcriber Denise Parisi, Telephone number 718-613-2605. Email address: deniseparisi72@gmail.com. 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.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 2/1/2018. Redacted Transcript Deadline set for 2/12/2018. Release of Transcript Restriction set for 4/11/2018. (Parisi, Denise)
01/05/2018 299 Notice of MOTION for Hearing re [298] Notice of MOTION for Hearing to Approve Procedures for the Retention and Payment of Additional Limited Scope Professionals /for Entry of an Order Authorizing the Retention and Payment of Leite, Tosto E Barros Advogados Associados by Receiver. (Attachments: # (1) Declaration, # (2) Memorandum in Support) (Cyganowski, Melanie)
01/03/2018 298 Notice of MOTION for Hearing to Approve Procedures for the Retention and Payment of Additional Limited Scope Professionals by Receiver. (Attachments: # (1) Declaration, # (2) Memorandum in Support) (Cyganowski, Melanie)
12/29/2017 297 ORDER APPROVING EXPANSION OF RECEIVERSHIP re [291] Notice of MOTION for Hearing to Expand Receivership Estate filed by Receiver. ( Ordered by Judge Brian M. Cogan on 12/28/17 ) (Guzzi, Roseann)
12/29/2017 296 ORDER Authorizing approving proposed procedures for the retention and payment of additional limited scope professionals.( Ordered by Judge Brian M. Cogan on 12/28/17 ) (Guzzi, Roseann)
12/27/2017 295 ORDER Approving First Application of Cooley LLP for Allowance of Compensation And Reimbursement of Expenses Incurred From December 19, 2016 through March 31, 2017. Ordered by Judge Brian M. Cogan on 12/27/2017. (Weisberg, Peggy)
12/26/2017 294 ORDER Authorizing the Receiver's Application to retain and pay limited scope legal professionals. ( Ordered by Judge Brian M. Cogan on 12/26/17 ) (Guzzi, Roseann)
12/21/2017 293 NOTICE by Receiver re [144] Letter/Notice of Proposed Order Approving First Interim Application of Cooley LLP for Allowance of Compensation and Reimbursement of Expenses Incurred From December 19, 2016 Through March 31, 2017 (Attachments: # (1) Proposed Order) (Cyganowski, Melanie)
12/20/2017 ORDER re: [284]. The Receiver is to submit a proposed order regarding Cooley's Fee Application. Any party objecting to the Application will then have five days to submit opposition. The Court will then rule promptly. Ordered by Judge Brian M. Cogan on 12/20/2017. (Weisberg, Peggy)
12/14/2017 292 Notice of MOTION for Hearing to Approve Procedures for the Retention and Payment of Additional Limited Scope Professionals by Receiver. (Attachments: # (1) Declaration, # (2) Memorandum in Support) (Cyganowski, Melanie)
12/14/2017 291 Notice of MOTION for Hearing to Expand Receivership Estate by Receiver. (Attachments: # (1) Declaration, # (2) Proposed Order) (Cyganowski, Melanie)