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)


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Date Court Document Number Description
06/21/2019 465 MOTION to Compel Request of Samuel Salfati for Allowance and Payment of Administrative Expenses Claim by Samuel Salfati. (Guzzi, Roseann)
06/26/2019 466 Sixth 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 of October 1, 2018 Through and Inculding December 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)
06/26/2019 467 Seventh 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, 2019 Through and Including March 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)
06/26/2019 468 Sixth MOTION for Attorney Fees Interim Application of Goldin Associates, LLC for Allowance of Compensation and Reimbursement of Expenses Incurred During the Period October 1,2018 Through December 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)
06/26/2019 469 Seventh MOTION for Attorney Fees / Interim Application of Goldin Associates, LLC for Allowance of Compensation and Reimbursement of Expenses Incurred During the Period January 1, 2019 Through March 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)
06/26/2019 470 Fifth MOTION for Attorney Fees /Fifth Interim and Final Application of Conway Mackenzie Capital Advisors, LLC for the Allowance of Compensation and Reimbursement of Expenses Incurred During the Period October 1, 2018 Through December 31, 2018 by Conway Mackenzie Capital Advisors, LLC. (Cyganowski, Melanie)
06/26/2019 471 NOTICE by Conway Mackenzie Capital Advisors, LLC re [470] Fifth MOTION for Attorney Fees /Fifth Interim and Final Application of Conway Mackenzie Capital Advisors, LLC for the Allowance of Compensation and Reimbursement of Expenses Incurred During the Period October 1, 2018 Through December 31, 2018 Proposed Order (Cyganowski, Melanie)
07/02/2019 472 RESPONSE in Opposition re [465] MOTION to Compel Request of Samuel Salfati for Allowance and Payment of Administrative Expenses Claim filed by Receiver. (Attachments: # (1) Declaration of Melanie L. Cyganowski, as Receiver, in Opposition to Request of Samuel Salfati for Allowance and Payment of Administrative Expense Claim, # (2) Certificate of Service Erik B. Weinick) (Weinick, Erik)
07/03/2019 473 DECLARATION of Samuel Salfati in further Support re [465] MOTION Request of Samuel Salfati for Allowance and Payment of Administrative Expenses Claim filed by Samuel Salfati. (Guzzi, Roseann)
07/15/2019 474 ORDER dated 7/15/19 Approving Sixth Joint Interim Application of the Receiver and Otterbourg P.C. for Allowance of Compensation and Reimbursement of Expenses Incurred During the Period of October 1, 2018 Through and Including December 31, 2018 re: [466] ( Ordered by Judge Brian M. Cogan on 7/15/2019 ) (Guzzi, Roseann)
07/16/2019 475 Notice of MOTION for Attorney Fees to Approve Payment to Maslon LLP by Maslon LLP. (Attachments: # (1) Declaration of Melanie Cyganowski, # (2) Exhibit A., # (3) Memorandum in Support) (Weinick, Erik)
07/16/2019 476 ORDER APPROVING FIFTH INTERIM AND FINAL APPLICATION OF CONWAY MACKENZIE CAPITAL ADVISORS, LLC FOR ALLOWANCE OF COMPENSATION AND REIMBURSEMENT OF EXPENSES INCURRED DURING THE PERIOD OCTOBER 1, 2018 THROUGH DECEMBER 31, 2018 re: [470] Motion for Attorney Fees. ( Ordered by Judge Brian M. Cogan on 7/15/2019 ) (Guzzi, Roseann)
07/16/2019 477 ORDER APPROVING SIXTH INTERIM APPLICATION OF GOLDIN ASSOCIATES, LLC FOR ALLOWANCE OF COMPENSATION AND REIMBURSEMENT OF EXPENSES INCURRED DURING THE PERIOD OCTOBER 1, 2018 THROUGH DECEMBER 31, 2018 re: [468] Motion for Attorney Fees ( Ordered by Judge Brian M. Cogan on 7/15/2019 ) (Guzzi, Roseann)
07/16/2019 478 ORDER APPROVING SEVENTH JOINT INTERIMAPPLICATION OF THE RECEIVER AND OTTERBOURG P.C. FOR ALLOWANCE OF COMPENSATION AND REIMBURSEMENT OF EXPENSES INCURRED DURING THE PERIOD JANUARY 1, 2019 THROUGH MARCH 31, 2019 re: [467] Motion for Attorney Fees ( Ordered by Judge Brian M. Cogan on 7/15/2019 ) (Guzzi, Roseann)
07/16/2019 479 ORDER APPROVING SEVENTH INTERIM APPLICATIONOF GOLDIN ASSOCIATES, LLC FOR ALLOWANCE OF COMPENSATIONAND REIMBURSEMENT OF EXPENSES INCURRED DURING THE PERIODJANUARY 1, 2019 THROUGH MARCH 31, 2019 re: [469] Motion for Attorney Fees ( Ordered by Judge Brian M. Cogan on 7/15/2019 ) (Guzzi, Roseann)
07/17/2019 480 ORDER denying Samuel Salfati, a non-party [465] Motion to Compel Melanie L. Cyganowski, the receiver for various Platinum Partners entities, to pay Salfati in connection with his prior employment with Platinum Partners. Salfati's [465] motion to compel is DENIED. ( Ordered by Judge Brian M. Cogan on 7/16/2019 ) c/m (Guzzi, Roseann)
07/22/2019 481 STATUS REPORT /The Receivers Eighth Status Report to the Court by Receiver (Attachments: # (1) Exhibit A., # (2) Exhibit B.) (Cyganowski, Melanie)
08/01/2019 482 Notice of Related Case. (Bowens, Priscilla) (Entered 08/02/2019)
08/05/2019 483 ORDER APPROVING PAYMENT TO MASLON LLP re: [475] Motion for Attorney Fees. ( Ordered by Judge Brian M. Cogan on 8/2/2019 ) (Guzzi, Roseann)
08/19/2019 484 NOTICE of Change of Firm Mailing Address (Potts, Jeffrey)
08/21/2019 485 MOTION to Set Aside /Proposed Stipulation and Order Regarding Lifting of Stay by Receiver. (Weinick, Erik)
08/22/2019 486 STIPULATION AND ORDER REGARDING LIFTING OF STAY re [485] Motion. (Ordered by Judge Brian M. Cogan on 8/21/2019) (Guzzi, Roseann)
08/27/2019 487 NOTICE by Receiver of Successful Bidder for the Assets of LC Energy Holdings LLC, and LC Energy Operations LLC (Attachments: # (1) Exhibit A - Cyganowski Affidavit, # (2) Exhibit B - Proposed Sale Order) (Cyganowski, Melanie)
09/11/2019 488 CERTIFICATE of Counsel re [487] Notice(Other) CERTIFICATE OF NO OBJECTION TO ENTRY OF THE PROPOSED ORDER APPROVING THE SALE OF THE ASSETS OF LC ENERGY HOLDINGS LLC AND LC ENERGY OPERATIONS LLC FREE AND CLEAR OF ALL LIENS, CLAIMS, ENCUMBRANCES AND OTHER INTERESTS by Erik Bradley Weinick on behalf of Receiver (Attachments: # (1) Exhibit A - Response of Western Pocahantas Properties Limited Partnership, # (2) Exhibit B - Proposed Sale Order) (Weinick, Erik)
09/12/2019 489 ORDER APPROVING THE SALE OF THE ASSETS OFLC ENERGY HOLDINGS LLC AND LC ENERGY OPERATIONS LLC FREE AND CLEAR OF ALL LIENS, CLAIMS, ENCUMBRANCES AND OTHER INTERESTS. ( Ordered by Judge Brian M. Cogan on 9/12/2019 ) (Guzzi, Roseann)
09/23/2019 490 MOTION to Compel the SEC Receiver to Indemnify Joseph SanFilippp for his Reasonable Attorneys Fees and Defense Costs by Joseph Sanfilippo. (Attachments: # (1) Declaration, # (2) Exhibit A, # (3) Exhibit B, # (4) Proposed Order, # (5) Memorandum in Support) (O'Brien, Kevin)
10/02/2019 491 Letter MOTION for pre motion conference re leave to make a motion for Receiver to honor Platinum's indemnification and payment obligations by David Levy. (Sommer, Michael)
10/02/2019 ORDER denying [491] as moot. The premotion conference is waived. Defendant may file his motion. Ordered by Judge Brian M. Cogan on 10/2/2019. (Weisberg, Peggy)
10/03/2019 492 Letter MOTION for Extension of Time to File Omnibus Opposition to Motions by Receiver. (Weinick, Erik)
10/07/2019 493 ORDER dated 10/6/19 granting [492] proposed briefing schedule. ( Ordered by Judge Brian M. Cogan on 10/6/2019 ) (Guzzi, Roseann)
10/16/2019 494 MOTION to Compel Indemnification by David Levy. (Attachments: # (1) Memorandum in Support of Defendant David Levy's Motion to Compel Indemnification, # (2) Declaration of Michael S. Sommer in Support of Defendant David Levy's Motion to Compel Indemnification, # (3) Exhibit 1, # (4) Exhibit 2, # (5) Exhibit 3, # (6) Exhibit 4, # (7) Exhibit 5, # (8) Exhibit 6) (Sommer, Michael)
10/21/2019 495 STATUS REPORT /The Receiver's Ninth Status Report to the Court by Receiver (Attachments: # (1) Exhibit A., # (2) Exhibit B.) (Cyganowski, Melanie)
10/30/2019 496 AFFIDAVIT/DECLARATION in Opposition re [494] MOTION to Compel Indemnification, [490] MOTION to Compel the SEC Receiver to Indemnify Joseph SanFilippp for his Reasonable Attorneys Fees and Defense Costs Declaration of Melanie L. Cyganowski, as Receiver in Opposition to: (I) Defendant Joseph Sanfilippos Motion for the SEC Receiver to Indemnify him Promptly for his Reasonable Attorneys Fees and Defense Costs; and (II) Defendant David Leveys Motion to Compel Indemnification filed by Receiver. (Weinick, Erik)
10/30/2019 497 MEMORANDUM in Opposition re [494] MOTION to Compel Indemnification, [490] MOTION to Compel the SEC Receiver to Indemnify Joseph SanFilippp for his Reasonable Attorneys Fees and Defense Costs .Receivers Omnibus Memorandum of Law in Opposition to: (I) Defendant Joseph Sanfilippos Motion for the SEC Receiver to Indemnify him Promptly for his Reasonable Attorneys Fees and Defense Costs; and (II) Defendant David Leveys Motion to Compel Indemnification filed by Receiver. (Weinick, Erik)
11/04/2019 498 Letter MOTION for Protective Order dated November 4, 2019 by Receiver. (Attachments: # (1) Proposed Order) (Weinick, Erik)
11/05/2019 499 ORDER Confidentiality Agreement and Stipulated Protective Order re: [498] Motion for Protective Order. ( Ordered by Judge Brian M. Cogan on 11/4/2019 ) (Guzzi, Roseann)
11/06/2019 500 REPLY in Opposition re [497] Memorandum in Opposition,, filed by Joseph Sanfilippo. (O'Brien, Kevin)
11/06/2019 501 REPLY to Response to Motion re [494] MOTION to Compel Indemnification filed by David Levy. (Sommer, Michael)
11/26/2019 502 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)
11/26/2019 503 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)
12/12/2019 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)
12/17/2019 504 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)
12/17/2019 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).
12/17/2019 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)
12/19/2019 505 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)
12/24/2019 506 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)
12/24/2019 507 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)
12/26/2019 508 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)
12/26/2019 509 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)
12/30/2019 510 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)
12/30/2019 511 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)
01/09/2020 512 Notice of MOTION to Withdraw as Attorney by Mark Nordlicht. (Fryer, Lisabeth)
01/09/2020 ORDER granting [512] Motion to Withdraw as Attorney. Attorney Lisabeth Fryer terminated. Ordered by Judge Brian M. Cogan on 1/9/2020. (Weisberg, Peggy)
01/17/2020 513 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)
01/17/2020 514 Letter in Response to the Court's Order, dated December 12, 2019 by Joseph Sanfilippo (O'Brien, Kevin)
01/17/2020 515 Letter submitted respectfully in response to the Court's Order, dated December 12, 2019 by David Levy (Sommer, Michael)