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Securities & Exchange Commission v. Platinum Management (NY) LLC,
et al.
Platinum Receivership
Court Docket
MANDATE of USCA as to [409] Notice of Appeal filed by Schafer and Weiner, PLLC. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to FRAP 42. The stipulation is hereby "So Ordered". Issued as Mandate: 5/12/20, USCA #18-3293. (McGee, Mary Ann)
(Docket No. 532)
MOTION for Attorney Fees /Eleventh Interim Application of Goldin Associates, LLC for allowance of Compensation and Reimbursement of Expenses Incurred During the Period January 1, 2020 Through and Including March 31, 2020 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)
(Docket No. 531)
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, 2020 Through and Including March 31, 2020 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)
(Docket No. 530)
STATUS REPORT /The Receivers Eleventh Status Report to the Court by Receiver (Attachments: # (1) Exhibit A, # (2) Exhibit B) (Cyganowski, Melanie)
(Docket No. 529)
ORDER approving [523] Tenth Interim Application of the Goldin Associates, LLC for Allowance of Compensation and Reimbursement of Expenses Incurred During the Period October 1, 2019 Through and Including December 31, 2019. ( Ordered by Judge Brian M. Cogan on 3/9/2020 ) (Guzzi, Roseann)
(Docket No. 528)
ORDER approving [522] Tenth Joint Interim Application of the Receiver and Otterbourg P.C. for Allowance of Compensation and Reimbursement of Expenses Incurred During the Period October 1, 2019 Through and Including December 31, 2019. ( Ordered by Judge Brian M. Cogan on 3/9/2020 ) (Guzzi, Roseann)
(Docket No. 527)
Letter dated February 28, 2020 Re: settlement of litigation that the Receiver has reached by Receiver (Cyganowski, Melanie)
(Docket No. 526)
ORDER Approving Receiver's Motion for Order Approving her Settlement with Schafer and Weiner, PLLC re: [520] Motion for Settlement. ( Ordered by Judge Brian M. Cogan on 2/24/2020 ) (Guzzi, Roseann)
(Docket No. 525)
ORDER APPROVING PAYMENTS TO CERTAIN PROFESSIONALS re: [521] Motion to Approve Payments to Certain Professionals. ( Ordered by Judge Brian M. Cogan on 2/23/2020 ) (Guzzi, Roseann)
(Docket No. 524)
Tenth MOTION for Attorney Fees Interim Application of the Goldin Associates, LLC for Allowance of Compensation and Reimbursement of Expenses Incurred During the Period October 1, 2019 Through and Including December 31, 2019 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)
(Docket No. 523)
Tenth 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, 2019 Through and Including December 31, 2019 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)
(Docket No. 522)
Notice of MOTION for Attorney Fees /Motion to Approve Payments to Certain Professionals by Receiver. (Attachments: # (1) Declaration in Support, # (2) Exhibit A., # (3) Proposed Order, # (4) Memorandum in Support) (Cyganowski, Melanie)
(Docket No. 521)
Notice of MOTION for Settlement of Melanie L. Cyganowski, as Receiver for Entry of an Order Approving Her Settlement with Schafer and Weiner, PLLC by Receiver. (Attachments: # (1) Declaration in Support, # (2) Exhibit A- Settlement Agreement, # (3) Proposed Order, # (4) Memorandum in Support) (Cyganowski, Melanie)
(Docket No. 520)
ORDER. Hearing previously scheduled for 1/27/2020 is hereby cancelled. The Court is persuaded that compelling the Receiver to file a bankruptcy petition at this point would not be in the best interest of all parties. ORDER denying [490, 494]. Although SanFilippo's and Levy's acquittals undoubtedly entitle them to payment by the Platinum Partners entities, the Court will still not permit them to jump the line in front of other deserving creditors. Among other purposes, the receivership was instated in order to "conduct an orderly wind down including a responsible liquidation of assets and orderly and fair distribution of those assets to investors." The Receiver thus has broad authority to reasonably distribute funds by order of claim priority. The Court maintains that both SanFilippo and Levy are entitled to indemnification (see [417] 11/25/2018 Order Denying Motions to Compel Payment or Advancement of Legal Fees); however, these are just two unsecured claims among many and they must wait for any payment alongside the other unsecured creditors. Ordered by Judge Brian M. Cogan on 1/22/2020. (Clarke, Melonie)
(Docket No. )
STATUS REPORT /The Receiver's Tenth Status Report to the Court by Receiver (Attachments: # (1) Exhibit A., # (2) Exhibit B.) (Cyganowski, Melanie)
(Docket No. 519)
Letter submitted in response to Court's Order dated December 12, 2019 by Ira A. Sturm (Sturm, Ira)
(Docket No. 518)
DECLARATION /Statement of The Joint Official Liquidators of Platinum Partners Value Arbitrage, L.P. (In Official Liquidation) In Opposition To Dismissal of Receivership, by Martin Trott and Christopher Smith, in their capacities as the duly appointed Joint Official Liquidators of Platinum Partners Value Arbitrage Fund, L.P. (Parlin, Barbra)
(Docket No. 517)
DECLARATION of Melanie L. Cyganowski, as Receiver in Response to the Minute Order Entered December 12, 2019 by Receiver (Attachments: # (1) Memorandum of Law of Melanie L. Cyganowski, as Receiver in Response to the Minute Order Entered December 12, 2019) (Cyganowski, Melanie)
(Docket No. 516)
Letter submitted respectfully in response to the Court's Order, dated December 12, 2019 by David Levy (Sommer, Michael)
(Docket No. 515)
Letter in Response to the Court's Order, dated December 12, 2019 by Joseph Sanfilippo (O'Brien, Kevin)
(Docket No. 514)
MEMORANDUM in Opposition re Order on Motion to Compel,,,,,,,, Set Hearings,,, Memorandum in Response to Court's December 12, 2019 Order filed by United States Securities and Exchange Commission. (Jacobson, Neal)
(Docket No. 513)
ORDER granting [512] Motion to Withdraw as Attorney. Attorney Lisabeth Fryer terminated. Ordered by Judge Brian M. Cogan on 1/9/2020. (Weisberg, Peggy)
(Docket No. )
Notice of MOTION to Withdraw as Attorney by Mark Nordlicht. (Fryer, Lisabeth)
(Docket No. 512)
ORDER dated 12/26/19 APPROVING NINTH JOINT INTERIM APPLICATIONOF THE RECEIVER AND OTTERBOURG P.C. FOR ALLOWANCEOF COMPENSATION AND REIMBURSEMENT OF EXPENSES INCURREDDURING THE PERIOD JULY 1, 2019 THROUGHAND INCLUDING SEPTEMBER 30, 2019 re: [506] Motion for Attorney Fees. ( Ordered by Judge Brian M. Cogan on 12/26/2019 ) (Guzzi, Roseann)
(Docket No. 511)
ORDER dated 12/26/19 Approving Ninth MOTION for Attorney Fees Interim Application of Goldin Associates, LLC for Allowance of Compensation and Reimbursement of Expenses Incurred During the Period July 1, 2019 Through and Including September 30, 2019 by Goldin Associates, LLC. re: [507] Motion for Attorney Fees. ( Ordered by Judge Brian M. Cogan on 12/26/2019 ) (Guzzi, Roseann)
(Docket No. 510)
ORDER APPROVING EIGHTH JOINT INTERIM APPLICATION OF THE RECEIVER AND OTTERBOURG P.C. FOR ALLOWANCE OF COMPENSATION AND REIMBURSEMENT OF EXPENSES INCURRED DURING THE PERIOD APRIL 1, 2019 THROUGH JUNE 30, 2019 [502] Motion for Attorney Fees. ( Ordered by Judge Brian M. Cogan on 12/23/2019 ) (Guzzi, Roseann)
(Docket No. 509)
ORDER APPROVING EIGHTH INTERIM APPLICATION OF GOLDIN ASSOCIATES FOR ALLOWANCE OF COMPENSATION AND REIMBURSEMENT OF EXPENSES INCURRED DURING THE PERIOD APRIL 1, 2019 THROUGH JUNE 30, 2019 Re: [503] Motion for Attorney Fees. ( Ordered by Judge Brian M. Cogan on 12/23/2019 ) (Guzzi, Roseann)
(Docket No. 508)
Ninth MOTION for Attorney Fees Interim Application of Goldin Associates, LLC for Allowance of Compensation and Reimbursement of Expenses Incurred During the Period July 1, 2019 Through and Including September 30, 2019 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)
(Docket No. 507)
Ninth MOTION for Attorney Fees Interim Application of the Receiver and Otterbourg P.C. for Allowance of Compensation and Reimbursement of Expenses Incurred During the Period July 1, 2019 Through and Including September 30, 2019 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)
(Docket No. 506)
NOTICE of Change of Notice of Email Change Once the filing has been made, you must login to www.pacer.gov and update your account. (Fryer, Lisabeth)
(Docket No. 505)
ORDER granting [504]. The hearing on [490, 494] is adjourned to 1/27/2020 at 11:00 am in Courtroom 8D South. Any party to this case or creditor/investor with an interest in this case may submit a memorandum regarding the Court's 12/12/2019 Order by 1/17/2020, with any responses due 1/23/2019.Ordered by Judge Brian M. Cogan on 12/17/2019. (Weisberg, Peggy)
(Docket No. )
ORDER granting [504]. The hearing on [490, 494] is adjourned to 1/27/2020 at 11:00 am in Courtroom 8D South. Any party to this case or creditor/investor with an interest in this case may submit a memorandum regarding the Court's 12/12/2019 Order by 1/17/2020, with any responses due 1/23/2020.Ordered by Judge Brian M. Cogan on 12/17/2019. (Weisberg, Peggy) Modified on 12/17/2019 (Weisberg, Peggy).
(Docket No. )
Letter to The Honorable Brian M. Cogan respectfully requesting a two-week adjournment in connection with the Court's Order dated December 12, 2019, deferring the ruling and setting a schedule with respect to the pending applications for indemnification by David Levy (Sommer, Michael)
(Docket No. 504)
ORDER deferring ruling on [490] [494]. A hearing will be held on these motions on 1/9/2020 at 3:30 pm in Courtroom 8D South. The sole issue to be argued is whether it would be appropriate for this Court to dismiss the case without prejudice to the right of the Receiver or creditors to file a bankruptcy petition against the company in light of the fact that this Court has been called upon to apply Bankruptcy Code concepts to substantial claims and procedures in this matter. See Eberhard v. Marcu, 530 F.3d 122, 132 (2d Cir. 2008); Esbitt v. Dutch-Am. Mercantile Corp., 335 F.2d 141, 143 (2d Cir. 1964). Any party in interest may address this issue by memorandum no later than 1/2/2020, with any responses due 1/7/2020. Ordered by Judge Brian M. Cogan on 12/12/2019. (Weisberg, Peggy) (Entered 12/12/2019)
(Docket No. )
Eighth MOTION for Attorney Fees Interim Application of Goldin Associates, LLC for Allowance of Compensation and Reimbursement of Expenses Incurred During the Period April 1, 2019 Through and Including June 30, 2019 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)
(Docket No. 503)
Eighth 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 April 1, 2019 Through and Including June 30, 2019 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)
(Docket No. 502)
REPLY to Response to Motion re [494] MOTION to Compel Indemnification filed by David Levy. (Sommer, Michael)
(Docket No. 501)