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Securities & Exchange Commission v. Platinum Management (NY) LLC,
et al.
Platinum Receivership
Court Docket
COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -no,, filed by United States Securities and Exchange Commission. (Attachments: # 1 Civil Cover Sheet, # 2 Memorandum in Support, # 3 Declaration Jacobson, # 4 Declaration Velona, # 5 Proposed Order Platinum Receiver) (Bowens, Priscilla) (Additional attachment(s) added on 12/19/2016: # 6 Declaration Jess Velona, # 7 Exhibit 1, # 8 Exhibit 2, # 9 Exhibit 3, # 10 Exhibit 4, # 11 Exhibit 5, # 12 Exhibit 6, # 13 Exhibit 7, # 14 Exhibit 8, # 15 Exhibit 9, # 16 Exhibit 10, # 17 Exhibit 11) (Bowens, Priscilla). (Additional attachment(s) added on 12/19/2016: # 18 Exhibit 14, # 19 Exhibit 15, # 20 Exhibit 16, # 21 Exhibit 17, # 22 Exhibit 18, # 23 Exhibit 19, # 24Exhibit 20, # 25 Exhibit 21, # 26 Exhibit 22, # 27 Exhibit 23, # 28 Exhibit 24, # 29 Exhibit 25, # 30 Exhibit 26, # 31 Exhibit 27) (Bowens, Priscilla). (Additional attachment(s) added on 12/19/2016: # 32 Exhibit 28, # 33 Exhibit 29, # 34 Exhibit 30, # 35Exhibit 31, # 36 Exhibit 32, # 37 Exhibit 33, # 38 Exhibit 34, # 39 Exhibit 35, # 40 Exhibit 36, # 41 Exhibit 37, # 42 Exhibit 38, #43 Exhibit 39, # 44 Exhibit 40, # 45 Exhibit 41, # 46 Exhibit 42, # 47 Exhibit 43, # 48 Exhibit 44, # 49 Exhibit 45) (Bowens, Priscilla). (Additional attachment(s) added on 12/19/2016: # 50 Exhibit 46, # 51 Exhibit 47, # 52 Exhibit 48, # 53 Exhibit 49, # 54Exhibit 50, # 55 Exhibit 51, # 56 Exhibit 52, # 57 Exhibit 53, # 58 Exhibit 54, # 59 Exhibit 55) (Bowens, Priscilla). (Additional attachment(s) added on 12/19/2016: # 60 Exhibit 56, # 61 Exhibit 57, # 62 Exhibit 58) (Bowens, Priscilla). (Additional attachment(s) added on 12/19/2016: # 63 Exhibit 59, # 64 Exhibit 60) (Bowens, Priscilla). (Additional attachment(s) added on 12/19/2016: # 65 Exhibit 61, # 66 Exhibit 62, # 67 Exhibit 63, # 68 Exhibit 64, # 69 Exhibit 65, # 70 Exhibit 66, # 71 Exhibit 67, # 72 Exhibit 68) (Bowens, Priscilla). (Additional attachment(s) added on 12/19/2016: # 73 Exhibit 69, # 74 Exhibit 70, # 75Exhibit 71, # 76 Exhibit 72, # 77 Exhibit 73, # 78 Exhibit 74, # 79 Exhibit 75) (Bowens, Priscilla). (Additional attachment(s) added on 12/19/2016: # 80 Exhibit 12) (Bowens, Priscilla). (Additional attachment(s) added on 12/19/2016: # 81 Exhibit 13) (Bowens, Priscilla). (Entered: 12/19/2016) (
Exhibits
) (Docket No. 1)
Unsigned Order to Show Cause by United States Securities and Exchange Commission (Bowens, Priscilla) (Entered: 12/19/2016)
(Docket No. 2)
Summons Issued as to All Defendants. (Bowens, Priscilla) (Entered: 12/19/2016)
(Docket No. 3)
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) (Entered: 12/19/2016)
(Docket No. 4)
ORDER TO SHOW CAUSE, TEMPORARY RESTRAINING ORDER, ORDER APPOINTING RECEIVER, AND GRANTING OTHER RELIEF. (See attached Order for details). Ordered by Judge Kiyo A. Matsumoto on 12/19/2016. (Layne, Monique) (Main Document 5 replaced on 12/22/2016) (Williams-Jackson, Sandra). (Entered: 12/19/2016)
(Docket No. 5)
ORDER APPOINTING RECEIVER, ORDERED, ADJUDGED AND DECREED THAT: 1. This Court hereby takes exclusive jurisdiction and possession of the assets, of whatever kind and wherever situated, of the Receivership Entities (the 'Receivership Assets'). 2. Until further Order of this Court, Bart Schwartz is hereby appointed to serve without bond as receiver for the receivership estate of the Receivership Entities. (See attached order for details). Ordered by Judge Kiyo A. Matsumoto on 12/19/2016. (Layne, Monique) (Entered: 12/19/2016)
(Docket No. 6)
NOTICE of Appearance by Andrew J. Levander on behalf of Mark Nordlicht, Platinum Credit Management, L.P., Platinum Management (NY) LLC (aty to be noticed) (Levander, Andrew) (Entered: 12/21/2016)
(Docket No. 7)
ORDER REASSIGNING CASE. Case reassigned to Chief Judge Dora Lizette Irizarry for all further proceedings. Judge Kiyo A. Matsumoto no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such.. Ordered by Chief Judge Dora Lizette Irizarry on 12/22/2016. (Davis, Kimberly) (Entered: 12/22/2016)
(Docket No. )
NOTICE of Rescheduled Hearing: The Preliminary Injunction Hearing is rescheduled for January 6, 2017 at 2:30 PM in Courtroom 4 A South before Chief Judge Dora Lizette Irizarry. (Carosella, Christy) (Entered: 12/22/2016)
(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)
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. )
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)
NOTICE of Change of Office Address by Jess A. Velona (Velona, Jess) (Entered: 01/03/2017)
(Docket No. 10)
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 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 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 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 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 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 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 Alan Levine on behalf of Bart Schwartz (aty to be noticed) (Levine, Alan) (Entered: 01/09/2017)
(Docket No. 18)
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)
#VALUE!
(Docket No. 20)
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)
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)
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)
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)
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. )
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. )
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. )
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)
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)
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)
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)
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 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)
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)
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)
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. )
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)
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)
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)
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)
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)
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. )
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)
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)
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)
NOTICE of Appearance by Sonia Marquez on behalf of Jeffrey Shulse (aty to be noticed) (Marquez, Sonia) (Entered: 01/23/2017)
(Docket No. 41)
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)