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Securities & Exchange Commission v. Platinum Management (NY) LLC,
et al.
Platinum Receivership
Court Docket
ORDER -- On January 23, 2017, pursuant to Rule 24 of the Federal Rules of Civil Procedure, the United States ("the Government") moved to intervene and stay the proceedings in this civil action pending resolution of the criminal matter captioned United States v. Mark Nordlicht, et al., 16-CR-640. The Government has indicated in its papers that defendant Landesman does not oppose the motion. Apparently, Defendant Shulse opposes the motion but has not set forth the basis for his opposition. Defendant SanFilippo has not responded at all. The corporate and other four named defendants have not taken a position pending their review of the Government's papers. Accordingly, it is hereby ORDERED that ALL defendants to this action, EXCEPT Landsman, are to respond to the Government's motion and state their positions NO LATER THAN February 3, 2017. Defendants must explain their position if they oppose the Government's motion. Moreover, the parties are directed to provide chambers with two hard courtesy copies immediately upon filing any documents. SO ORDERED by Chief Judge Dora Lizette Irizarry on 1/25/2017. (Carosella, Christy) (Entered: 01/25/2017)
(Docket No. )
NOTICE of Appearance by Barry W. Rashkover on behalf of Jeffrey Shulse (aty to be noticed) (Rashkover, Barry) (Entered: 01/25/2017)
(Docket No. 50)
NOTICE of Appearance by David M. Rody on behalf of Jeffrey Shulse (aty to be noticed) (Rody, David) (Entered: 01/24/2017)
(Docket No. 49)
NOTICE of Appearance by Benjamin Sean Fischer on behalf of Joseph Mann (aty to be noticed) (Fischer, Benjamin) (Entered: 01/24/2017)
(Docket No. 48)
Letter from Celia Goldwag Barenholtz on behalf of the Receiver by Bart Schwartz (Barenholtz, Celia) (Entered: 01/24/2017)
(Docket No. 47)
AFFIDAVIT/DECLARATION in Support re 21 Joint MOTION for Order to Show Cause Reply Declaration of Receiver Bart M. Schwartz filed by Bart Schwartz. (Attachments: # 1 Exhibit K to Reply Declaration of Bart M. Schwartz, # 2 Exhibit L to Reply Declaration of Bart M. Schwartz) (Barenholtz, Celia) (Entered: 01/24/2017)
(Docket No. 46)
AFFIDAVIT/DECLARATION in Support re 21 Joint MOTION for Order to Show Cause Declaration of Christopher D. Lindstrom filed by Bart Schwartz. (Barenholtz, Celia) (Entered: 01/24/2017)
(Docket No. 45)
REPLY in Support re 21 Joint MOTION for Order to Show Cause SECURITIES AND EXCHANGE COMMISSIONS AND RECEIVERS JOINT REPLY IN FURTHER SUPPORT OF THEIR EMERGENCY MOTION FOR (I) AN ORDER MODIFYING THE PLATINUM TRO AND RECEIVER ORDER, (II) ORDER TO SHOW CAUSE, AND (III) TEMPORARY RESTRAINING ORDER filed by Bart Schwartz, United States Securities and Exchange Commission. (Barenholtz, Celia) (Entered: 01/24/2017)
(Docket No. 44)
NOTICE of Appearance by Winston M. Paes on behalf of United States Attorney's Office for the Eastern District of New York (aty to be noticed) (Paes, Winston) (Entered: 01/23/2017)
(Docket No. 43)
MOTION to Intervene , MOTION to Stay by United States Attorney's Office for the Eastern District of New York. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order) (Cooley, Alicyn) (Entered: 01/23/2017)
(Docket No. 42)
NOTICE of Appearance by Sonia Marquez on behalf of Jeffrey Shulse (aty to be noticed) (Marquez, Sonia) (Entered: 01/23/2017)
(Docket No. 41)
NOTICE of Appearance by Michael D. Mann on behalf of Jeffrey Shulse (aty to be noticed) (Mann, Michael) (Entered: 01/23/2017)
(Docket No. 40)
MOTION for Leave to Appear Pro Hac Vice of Jeff Potts Filing fee $ 150, receipt number 0207-9227827. by Richard Schmidt. (Attachments: # 1 Affidavit, # 2 Proposed Order) (Smyser, Craig) (Entered: 01/23/2017)
(Docket No. 39)
MOTION for Leave to Appear Pro Hac Vice of Justin Waggoner Filing fee $ 150, receipt number 0207-9227816. by Richard Schmidt. (Attachments: # 1 Affidavit, # 2 Proposed Order) (Smyser, Craig) (Entered: 01/23/2017)
(Docket No. 38)
ORDER re 26 -- On January 12, 2017, the Receiver in this case moved the Court to lift a litigation stay in an ancillary proceeding in Illinois Circuit Court, Cook County, Chancery Division. The SEC consented to this motion. Accordingly, the named defendants to this action are to respond to this motion NO LATER THAN January 31, 2017. The Receiver is reminded to consult all parties in this case and indicate their positions with respect to any applications or requests made by the Receiver to the Court. So Ordered by Chief Judge Dora Lizette Irizarry on 1/20/2017. (Carosella, Christy) (Entered: 01/20/2017)
(Docket No. )
AFFIDAVIT/DECLARATION in Opposition re 21 Joint MOTION for Order to Show Cause by Craig Smyser filed by Richard Schmidt. (Smyser, Craig) (Entered: 01/19/2017)
(Docket No. 37)
RESPONSE in Opposition re 21 Joint MOTION for Order to Show Cause filed by Richard Schmidt. (Smyser, Craig) (Entered: 01/19/2017)
(Docket No. 36)
NOTICE of Appearance by Melissa S. Geller on behalf of Uri Landesman (aty to be noticed) (Geller, Melissa) (Entered: 01/19/2017)
(Docket No. 35)
NOTICE of Appearance by Eric R Breslin on behalf of Uri Landesman (aty to be noticed) (Breslin, Eric) (Entered: 01/19/2017)
(Docket No. 34)
FILING FEE: $ 150.00, receipt number 4653110363 re Pro Hac Vice Motion as to Craig Smyser. (Ramesar, Thameera) (Entered: 01/19/2017)
(Docket No. 33)
ORDER granting 32 Motion on Consent to Reset Response and Reply Dates on Court's January 11, 2017 Order to Show Cause -- On January 16, 2017, the SEC requested, on consent, an extension of time for the Bankruptcy Litigation Trustee's response and the SEC and Receiver's reply to the Court's Order to Show Cause. The request is GRANTED. Accordingly, it is hereby ORDERED that the Bankruptcy Litigation Trustee, Richard Schmidt, and the named defendants to this action respond to this application NO LATER THAN 5:00 p.m. on January 19, 2017. The SEC and Receiver shall reply NO LATER THAN 5:00 p.m. on January 24, 2017. Two hard courtesy copies of all papers submitted must be forwarded to chambers IMMEDIATELY upon filing. So Ordered by Chief Judge Dora Lizette Irizarry on 1/17/2017. (Carosella, Christy) (Entered: 01/17/2017)
(Docket No. )
Letter Motion on Consent to Reset Response and Reply Dates on Court's January 11, 2017 Order to Show Cause by United States Securities and Exchange Commission (Jacobson, Neal) (Entered: 01/16/2017)
(Docket No. 32)
AFFIDAVIT/DECLARATION in Support re 26 Consent MOTION for More Definite Statement Motion For an Order LiftingThe Litigation Stay filed by Bart Schwartz. (Seidner, Abigail) (Entered: 01/13/2017)
(Docket No. 31)
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-9204786. by David Levy. (Attachments: # 1Affidavit, # 2 Certificate of Good Standing - DC, # 3 Certificate of Good Standing - VA) (McCarthy, Katherine) (Entered: 01/13/2017)
(Docket No. 30)
NOTICE of Appearance by Craig Smyser on behalf of Richard Schmidt (aty to be noticed) (Smyser, Craig) (Entered: 01/12/2017)
(Docket No. 29)
MOTION for Leave to Appear Pro Hac Vice by Craig Smyser counsel for 3rd Party Richard Schmidt, Litigation Trustee. (Rodriguez, Lori) (Entered: 01/12/2017)
(Docket No. 28)
AFFIDAVIT/DECLARATION in Support re 26 Consent MOTION for More Definite Statement Motion For an Order LiftingThe Litigation Stay filed by Bart Schwartz. (Barenholtz, Celia) (Entered: 01/12/2017)
(Docket No. 27)
Consent MOTION for More Definite Statement Motion For an Order LiftingThe Litigation Stay by Bart Schwartz. (Barenholtz, Celia) (Entered: 01/12/2017)
(Docket No. 26)
NOTICE of Appearance by Monica Ann Friedman on behalf of David Levy (aty to be noticed) (Friedman, Monica) (Entered: 01/11/2017)
(Docket No. 25)
ORDER TO SHOW CAUSE -- On January 9, 2017, an application was made to the Court by the SEC and Receiver, inter alia, for an order modifying the orders entered on December 19, 2016, issuing a Temporary Restraining Order and appointing a Receiver, to enjoin a certain bankruptcy proceeding relating to this case and otherwise restraining the Bankruptcy Litigation Trustee from interfering with the duties of the Receiver and authorizing the Receiver to take certain action. [See Docket Entry #21] Accordingly, it is hereby ORDERED that the Bankruptcy Litigation Trustee, Richard Schmidt, and the named defendants to this action respond to this application NO LATER THAN 5:00 p.m. January 17, 2017. Service shall be made by delivering the papers any of the following methods: (a) on the SEC by fax to (212) 336-1324, email at JacobsonN@sec.gov, or hand delivery or overnight courier service to the Commission's counsel, Neal Jacobson, Esq., at the Securities and Exchange Commission, Brookfield Place, 200 Vesey Street, Suite 400, New York, NY 10281, and (b) on the Receiver by email at cbarenholtz@cooley.com or overnight courier service on the Receiver's counsel Celia Goldwag Barenholtz, Esq.,Cooley LLP, 1114 Avenue of the Americas, New York, NY 10036. NO LATER THAN January 24, 2017, at 5:00 p.m., the SEC and Receiver shall serve, by the most expeditious means available, their reply papers upon the Bankruptcy Litigation Trustee or his counsel, and the named defendants. Two hard courtesy copies of all papers submitted must be forwarded to chambers IMMEDIATELY upon filing. An Order to Show Cause hearing shall be held on January 31, 2017, PROMPTLY at 11:00 AM in Courtroom 4A South of the Brooklyn Federal Courthouse, 225 Cadman Plaza East. Any attorney appearing on this matter or filing papers must be admitted to practice before this Court and be in good standing with the Court. So Ordered by Chief Judge Dora Lizette Irizarry on 1/11/2017. (Carosella, Christy) (Entered: 01/11/2017)
(Docket No. )
ORDER granting 19 Motion for Leave to Appear Pro Hac Vice. 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 s/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. Ordered by Magistrate Judge Vera M. Scanlon on 1/10/2017. (Quinlan, Krista) (Entered: 01/10/2017)
(Docket No. )
Motions terminated, docketed incorrectly: 20 Joint MOTION for Temporary Restraining Order Emergency MOTION for Order to Show Cause . (Layne, Monique) (Entered: 01/26/2017)
(Docket No. )
MEMORANDUM in Support re 21 Joint MOTION for Order to Show Cause filed by Bart Schwartz, United States Securities and Exchange Commission. (Barenholtz, Celia) (Entered: 01/09/2017)
(Docket No. 24)
AFFIDAVIT/DECLARATION in Support re 21 Joint MOTION for Order to Show Cause DECLARATION OF NEAL JACOBSON PURSUANT TO LOCAL RULE 6.1(d) in SUPPORT OF JOINT EMERGENCY MOTION filed by United States Securities and Exchange Commission. (Barenholtz, Celia) (Entered: 01/09/2017)
(Docket No. 23)
AFFIDAVIT/DECLARATION in Support re 21 Joint MOTION for Order to Show Cause filed by Bart Schwartz. (Attachments: #1 Exhibit A to DECLARATION OF RECEIVER BART M. SCHWARTZ, # 2 Exhibit B to DECLARATION OF RECEIVER BART M. SCHWARTZ, # 3 Exhibit C to DECLARATION OF RECEIVER BART M. SCHWARTZ, # 4 Exhibit D to DECLARATION OF RECEIVER BART M. SCHWARTZ, # 5 Exhibit E to DECLARATION OF RECEIVER BART M. SCHWARTZ, # 6 Exhibit F to DECLARATION OF RECEIVER BART M. SCHWARTZ, # 7 Exhibit G to DECLARATION OF RECEIVER BART M. SCHWARTZ, # 8 Exhibit H to DECLARATION OF RECEIVER BART M. SCHWARTZ, # 9 Exhibit I to DECLARATION OF RECEIVER BART M. SCHWARTZ, # 10 Exhibit J to DECLARATION OF RECEIVER BART M. SCHWARTZ) (Barenholtz, Celia) (Entered: 01/09/2017) (
Exhibits
) (Docket No. 22)
Joint MOTION for Order to Show Cause by Bart Schwartz, United States Securities and Exchange Commission. (Attachments: #1 Proposed Order) (Barenholtz, Celia) (Entered: 01/09/2017)
(Docket No. 21)
#VALUE!
(Docket No. 20)
Notice of MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-9189045. by Bart Schwartz. (Attachments: # 1 Affidavit in Support Affidavit of Alan Levine in Support of Motion to Admit Counsel Pro Hac Vice, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order) (Levine, Alan) (Entered: 01/09/2017)
(Docket No. 19)
NOTICE of Appearance by Alan Levine on behalf of Bart Schwartz (aty to be noticed) (Levine, Alan) (Entered: 01/09/2017)
(Docket No. 18)
NOTICE of Appearance by Shriram Harid on behalf of Mark Nordlicht, Platinum Credit Management, L.P., Platinum Management (NY) LLC (aty to be noticed) (Harid, Shriram) (Entered: 01/06/2017)
(Docket No. 17)
NOTICE of Appearance by Jeffrey Alan Brown on behalf of Mark Nordlicht, Platinum Credit Management, L.P., Platinum Management (NY) LLC (aty to be noticed) (Brown, Jeffrey) (Entered: 01/06/2017)
(Docket No. 16)
NOTICE of Appearance by Kevin J. O'Brien on behalf of Joseph Sanfilippo (aty to be noticed) (O'Brien, Kevin) (Entered: 01/05/2017)
(Docket No. 15)
NOTICE of Appearance by Morris J. Fodeman on behalf of David Levy (aty to be noticed) (Fodeman, Morris) (Entered: 01/03/2017)
(Docket No. 14)
NOTICE of Appearance by Michael S. Sommer on behalf of David Levy (aty to be noticed) (Sommer, Michael) (Entered: 01/03/2017)
(Docket No. 13)
NOTICE of Appearance by Abigail Belknap Seidner on behalf of Bart Schwartz (aty to be noticed) (Seidner, Abigail) (Entered: 01/03/2017)
(Docket No. 12)
NOTICE of Appearance by Celia Goldwag Barenholtz on behalf of Bart Schwartz (aty to be noticed) (Barenholtz, Celia) (Entered: 01/03/2017)
(Docket No. 11)
NOTICE of Change of Office Address by Jess A. Velona (Velona, Jess) (Entered: 01/03/2017)
(Docket No. 10)
NOTICE of Appearance by Jess A. Velona on behalf of All Plaintiffs (notification declined or already on case) (Velona, Jess) (Entered: 01/03/2017)
(Docket No. 9)
ORDER re 8 Letter filed by United States Securities and Exchange Commission -- The request is granted in its entirety. TRO Defendants' response is now due by February 10, 2017. SEC's reply is now due by February 17, 2017. Two hard courtesy copies of all submissions must be submitted to chambers promptly. The preliminary injunction hearing is adjourned to March 3, 2017 at 10:00 AM in courtroom 4 A South. The substantive relief in the TRO and the order appointing Receiver shall remain in effect, including the Receiver's ability to retain counsel and professionals upon the Court's approval. So Ordered by Chief Judge Dora Lizette Irizarry on 12/30/2016. (Carosella, Christy) (Entered: 12/30/2016)
(Docket No. )
Letter Motion on Consent to Adjourn Hearing on Motion for Preliminary Injunction by United States Securities and Exchange Commission (Jacobson, Neal) (Entered: 12/23/2016)
(Docket No. 8)