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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 401-432

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Date Court Document Number Description
06/30/2017 200 NOTICE of Appearance by William Nystrom on behalf of Faris Philip, Patricia Faris, John Smith, Lori Smith, Michael Garatoni, Elizabeth Garatoni, Steven Singer 2006 Revocable Trust, Garatoni Family Foundation, The Garatoni Holdings Investment Partnership, The World Traveler Revocable Trust, Anthony Wright, Courtney Solcher, Felicia Solcher, Gerry Solcher, Sally Solcher, Whitney Solcher, The Perry and Ruby Stevens Charitable Foundation, Mary G. DeSimone Irrevocable Trust, Bruce Bullen, Robb Charitable Lead Trust (aty to be noticed) (Nystrom, William) (Entered: 06/30/2017)
06/30/2017 199 Letter to the Honorable Dora L. Irizarry by Morris D. Weiss (Taylor, Mark) (Entered: 06/30/2017)
06/30/2017 198 Letter to The Honorable Dora L. Irizarry respectfully responding to the SEC's motion in accordance with the Court's Order dated June 27, 2017 by Joseph Mann (Fischer, Benjamin) (Entered: 06/30/2017)
06/30/2017 197 Letter in response to the Letter for Approval of Resignation of Receiver by Bart M. Schwarz, the Application for an Order to Show Cause for Entry of a Second Amended Order Appointing Receiver and Appointment of a Substitute Receiver and the Letter by United States Securities and Exchange Commission by Arabella Exploration, LLC, Arabella Operating, LLC (Trivigno, Leonardo) (Entered: 06/30/2017)
06/30/2017 196 Letter to Honorable Dora L. Irizarry in accordance with the Court's June 27, 2017 Order by Schafer and Weiner, PLLC (Grekin, Joseph) (Entered: 06/30/2017)
06/30/2017 195 Letter to the Honorable Dora L. Irizarry in accordance with the Court's June 27, 2017 Order by Mark Nordlicht, Platinum Management (NY) LLC (Burck, William) (Entered: 06/30/2017)
06/29/2017 194 NOTICE of Appearance by Melissa Boey on behalf of Joint Official Liquidators of Platinum Partners Value Arbitrage Fund (International) Limited (in Official Liquidation), and Platinum Partners Value Arbitrage Intermediate Fund Ltd. (in Official Liquidation) (aty to be noticed) (Boey, Melissa) (Entered: 06/29/2017)
06/29/2017 193 NOTICE of Appearance by Matthew C.R. Ziegler on behalf of Joint Official Liquidators of Platinum Partners Value Arbitrage Fund (International) Limited (in Official Liquidation), and Platinum Partners Value Arbitrage Intermediate Fund Ltd. (in Official Liquidation) (aty to be noticed) (Ziegler, Matthew) (Entered: 06/29/2017)
06/29/2017 192 NOTICE of Appearance by Joshua Dorchak on behalf of Joint Official Liquidators of Platinum Partners Value Arbitrage Fund (International) Limited (in Official Liquidation), and Platinum Partners Value Arbitrage Intermediate Fund Ltd. (in Official Liquidation) (aty to be noticed) (Dorchak, Joshua) (Entered: 06/29/2017)
06/29/2017 191 Letter to the Honorable Dora L. Irizarry in accordance with the Court's Order dated June 27, 2017 by Daniel Small (Levine, Seth) (Entered: 06/29/2017)
06/29/2017 190 MOTION for Leave to Appear Pro Hac Vice Suzanne Pope Filing fee $ 150, receipt number 0207-9645557. by Joseph Sanfilippo. (Ford, Adam) (Entered: 06/29/2017)
06/29/2017 189 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-9645046. by Schafer and Weiner, PLLC. (Attachments: # 1 Affidavit, # 2 Certificate of Good Standing) (Grekin, Joseph) (Entered: 06/29/2017)
06/29/2017 188 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-9644971. by Schafer and Weiner, PLLC. (Attachments: # 1 Affidavit, # 2 Certificate of Good Standing) (Baum, Michael) (Entered: 06/29/2017)
06/29/2017 187 Letter to the Honorable Dora L. Irizarry respectfully responding to the SEC's motion in accordance with the Court's order dated June 27, 2017 by Uri Landesman, David Levy, Joseph Mann, Mark Nordlicht, Joseph Sanfilippo, Jeffrey Shulse, Daniel Small (O'Brien, Kevin) (Entered: 06/29/2017)
06/29/2017 186 RESPONSE in Opposition re 173 MOTION to Appoint Receiver Application for an Order to Show Cause for Entry of a Second Amended Order Appointing Receiver and Appointment of a Substitute Receiver filed by Heartland Bank. (Jenkins, William) (Entered: 06/29/2017)
06/29/2017 185 NOTICE of Appearance by William Nystrom on behalf of Allen Kaplan, Teresa L. Perlstein Revocable Trust, William J. Perlstein Revocable Trust (notification declined or already on case) (Nystrom, William) (Entered: 06/29/2017)
06/29/2017 184 Letter to The Honorable Dora L. Irizarry respectfully responding to the SEC's motion in accordance with the Court's Order dated June 27, 2017 by David Levy (Attachments: # 1 Appendix A) (Sommer, Michael) (Entered: 06/29/2017)
06/29/2017 ORDER granting 181 Motion for Leave to Appear Pro Hac Vice. William C. Nystrom is permitted to argue or try this case in whole or in part as counsel or advocate. By 7/7/2017, counsel shall register for ECF and provide his address to the Clerk's Office. Registration is available online at the EDNY's homepage. Once registered, counsel shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Also, counsel shall ensure that the $150 admission fee is submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Vera M. Scanlon on 6/29/2017. (Stackhouse, Noreen). VACATED pursuant to 6/30/2017 Order of Magistrate Judge Vera M. Scanlon. This entry has been modified on 6/30/2017 to indicate order has been vacated. (Stackhouse, Noreen). (Entered: 06/29/2017)
06/28/2017 183 Letter Application for an Order Authorizing the Retention and Payment of Limited Scope Legal Professionals by Bart Schwartz (Attachments: # 1 Declaration Ex. 1 Declaration of Daniel M. Burstein, # 2 Exhibit Ex. 2 Fee Application of Hoover Slovacek, LLP, # 3 Exhibit Ex. 3 Fee Application of Cooper & Scully, P.C., # 4 Exhibit Ex. 4 Fee Application of Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C., # 5 Exhibit Ex. 5 Fee Application of Barrasso Usdin Kupperman Freeman & Sarver, LLC, # 6Exhibit Ex. 6 Fee Application of Benesch, Friedland, Coplan & Aronoff LLP, # 7 Exhibit Ex. 7 Fee Application of Ganfer & Shore LLP, # 8 Exhibit Ex. 8 Fee Application of Bryan Cave LLP, # 9 Exhibit Ex. 9 Fee Application of Maslon LLP, # 10 Exhibit Ex. 10 Fee Application of Morrison Cohen, LLP, # 11 Exhibit Ex. 11 Certification of Paneth & O'Mahony, PLLC, # 12 Exhibit Ex. 12 Fee Application of Virtus Law LLP, # 13 Exhibit Ex. 13 Certification of Stikeman Elliot LLP, # 14 Exhibit Ex. 14 Fee Application of Walkers, # 15 Exhibit Ex. 15 Fee Application of Chediak Advogados, # 16 Exhibit Ex. 16 Fee Application of Leite, Tosto E Barros Advogados Associados, # 17 Exhibit Ex. 17 Certification of Allen & Overy LLP, # 18 Exhibit Ex. 18 Certification of Demarest Advogados, # 19 Exhibit Ex. 19 Fee Application of Kessler Collins, P.C., # 20 Exhibit Ex. 20 Fee Application of O'Connell Law, PLLC, # 21 Proposed Order Ex. 21 Proposed Order) (Barenholtz, Celia) (Entered: 06/28/2017) (Exhibits)
06/28/2017 182 Letter to Chief Judge Dora L. Irizarry by Allen Kaplan, Teresa L. Perlstein Revocable Trust, William J. Perlstein Revocable Trust (Nystrom, William) (Entered: 06/28/2017)
06/28/2017 181 MOTION for Leave to Appear Pro Hac Vice William C. Nystrom Filing fee $ 150, receipt number 0207-9640551. by Allen Kaplan, William J. Perlstein Revocable Trust, Teresa L. Perlstein Revocable Trust. (Attachments: # 1 Affidavit, # 2 Exhibit) (Nystrom, William) (Entered: 06/28/2017)
06/27/2017 ORDER re 178 Response to Motion,, filed by Heartland Bank, 177 Letter filed by David Levy, Joseph Mann, Uri Landesman, Jeffrey Shulse, Daniel Small, Joseph Sanfilippo, Mark Nordlicht --- The Individual Defendants' and Heartland Bank's request to be heard in connection with the application by the SEC for the appointment of a new receiver is granted. The Court already has entered a scheduling order and will hear the parties further on July 7, 2017. Said parties are to file their written responses to the SEC's motion NO LATER THAN JUNE 30, 2017 BY 3:00 PM AND PROVIDE HARD COPIES TO CHAMBERS BY THEN AS WELL. The Individual Defendants in their letter [DE # 177] seem to make a number of arguments in opposition to the SEC's request; any additional arguments shall be presented to the Court in the filing due on June 30, 2017. The parties should also indicate whether they would approve of Melanie Cyganowski as the new receiver should the Court grant the SEC's application. NO EXTENSIONS WILL BE GRANTED. With respect to the conference to be held on July 7, 2017, the parties should be prepared to address whether decision on any pending motions made by the Receiver for various authorizations should be stayed pending the Court's decision on the motion to appoint a new receiver. SO ORDERED by Chief Judge Dora Lizette Irizarry on 6/27/2017. (Irizarry, Dora) (Entered: 06/27/2017)
06/27/2017 180 Letter in response to the SEC's letter dated 6/21/17 by Bart Schwartz (Barenholtz, Celia) (Entered: 06/27/2017)
06/27/2017 179 Letter by United States Securities and Exchange Commission (Jacobson, Neal) (Entered: 06/27/2017)
06/27/2017 ORDER denying 148 Motion for Hearing -- As an initial matter, the letter requesting a hearing concerning the payment of compensation for past employment to two employees was addressed to the Hon. Kiyo A. Matsumoto, U.S.D.J., who is not assigned to this case. It should have been addressed to the undersigned. For the reasons set forth in the letter filed by the current Receiver [DE 151] opposing the disbursement, which is joined in by the SEC [DE 159], the request to lift the stay imposed in December 2016 Order appointing the Receiver, and amended in January 2017, is denied. The employees stand in the same position as other creditors and victims in this case. Moreover, given that a new receiver likely will be appointed, it is inappropriate to grant any such request at this time. SO ORDERED by Chief Judge Dora Lizette Irizarry on 6/27/2017. (Irizarry, Dora) (Entered: 06/27/2017)
06/27/2017 ORDER denying 168 Motion for Leave to Electronically File Document under Seal ; denying 171 Motion for Leave to Electronically File Document under Seal --- The SEC's request to file under seal its letter regarding the termination of the Receivership of Mr. Bart M. Schwartz ("Receiver") is denied. The SEC set forth no factual basis warranting the filing under seal other than representing that it contained certain "sensitive matters bearing on the Receivership." [See DE #168, p. 1]. Particularly disturbing is that counsel for Defendants Nordlicht and Platinum Management (NY), LLC (PMNY), in opposing the sealing, notes that, in effect the motion was made ex parte, as the SEC refused to provide the document it seeks to seal [DE #168-1], but advised counsel that, if the court granted the motion to seal, the SEC would not oppose any motion to unseal it. The Court agrees with counsel that, by its conduct, the SEC improperly filed a document ex parte without leave of the Court and without proper notice to the parties. Moreover, the SEC's representation clearly indicates that sealing is not necessary, but rather a sheer waste of the Court's time and resources and perhaps gamesmanship, which this Court previously advised the parties it would not tolerate. The Receiver's request to file its document under seal also is rejected, because his request is made solely on the basis that the SEC filed its papers under seal. ALL PARTIES ARE HEREBY ADMONISHED THAT UNDER NO CIRCUMSTANCES IS ANY PARTY TO MAKE AN APPLICATION FOR THE SEALING OF ANY DOCUMENT VIA ECF ON ITS OWN. NOR IS ANY PARTY TO FILE ANY DOCUMENT UNDER SEAL. IF A PARTY WISHES TO FILE A DOCUMENT UNDER SEAL, A PDF OF THE DOCUMENT SHALL BE EMAILED TO MY CASE MANAGER, CHRISTY CAROSELLA, AND TWO HARD COURTESY COPIES ARE TO BE FORWARDED TO HER ATTENTION FORTHWITH. IF THE SEALING IS GRANTED, THEN THE COURT WILL HAVE THE DOCUMENT FILED UNDER SEAL. ANY PARTY VIOLATING THIS PROCEDURE WILL BE SANCTIONED AND ANY DOCUMENT FILED UNDER SEAL IN CONTRAVENTION OF THIS ORDER SHALL BE STRICKEN SUMMARILY. Finally, despite previous admonitions to the parties to provide 2 hard courtesy copies of all filings to chambers immediately upon filing, the Court is not receiving hard courtesy copies of filings by all parties. The parties are reminded again to provide 2 hard courtesy copies to chambers IMMEDIATELY upon filing, such that they are received NO LATER THAN THE NEXT BUSINESS DAY BY 4:00 PM. SO ORDERED by Chief Judge Dora Lizette Irizarry on 6/27/2017. (Irizarry, Dora) (Entered: 06/27/2017)
06/27/2017 SCHEDULING ORDER re 176 Unsigned Order to Show Cause filed by United States Securities and Exchange Commission -- A Show Cause Hearing will be held on July 7, 2017 at 10:30 AM in Courtroom 4 A South. So Ordered by Chief Judge Dora Lizette Irizarry on 6/27/2017. (Carosella, Christy) (Entered: 06/27/2017)
06/26/2017 178 RESPONSE to Motion re 173 MOTION to Appoint Receiver Application for an Order to Show Cause for Entry of a Second Amended Order Appointing Receiver and Appointment of a Substitute Receiver, 168 MOTION for Leave to Electronically File Document under Seal , 171 MOTION for Leave to Electronically File Document under Seal , 166 MOTION for Leave to Electronically File Document under Seal Application for Permission to File Portions of the Receivers Wind-Down Plan and Limited Scope Professional Applications Under Seal Requesting Documents be Unsealed and that Heartland Bank be Heard filed by Heartland Bank. (Jenkins, William) (Entered: 06/26/2017)
06/26/2017 177 Letter re proposed resignation of Receiver by Uri Landesman, David Levy, Joseph Mann, Mark Nordlicht, Joseph Sanfilippo, Jeffrey Shulse, Daniel Small (O'Brien, Kevin) (Entered: 06/26/2017)
06/26/2017 176 Unsigned Order to Show Cause by United States Securities and Exchange Commission (Jacobson, Neal) (Entered: 06/26/2017)
06/26/2017 175 DECLARATION re 173 MOTION to Appoint Receiver Application for an Order to Show Cause for Entry of a Second Amended Order Appointing Receiver and Appointment of a Substitute Receiver Declaration of Neal Jacobson Pursuant to Local Rule 6.1 by United States Securities and Exchange Commission (Jacobson, Neal) (Entered: 06/26/2017)
06/26/2017 174 MEMORANDUM in Support re 173 MOTION to Appoint Receiver Application for an Order to Show Cause for Entry of a Second Amended Order Appointing Receiver and Appointment of a Substitute Receiver filed by United States Securities and Exchange Commission. (Attachments: # 1 Exhibit Proposed Second Amended Order Appointing Receiver, # 2 Exhibit Blacklined Proposed Second Amended Order Appointing Receiver, # 3 Exhibit Declaration of Melanie L. Cyganowski) (Jacobson, Neal) (Entered: 06/26/2017) (Exhibits)
06/26/2017 173 MOTION to Appoint Receiver Application for an Order to Show Cause for Entry of a Second Amended Order Appointing Receiver and Appointment of a Substitute Receiver by United States Securities and Exchange Commission. (Attachments: # 1Exhibit Proposed OSC) (Jacobson, Neal) (Entered: 06/26/2017) (Exhibits)
06/23/2017 172 STIPULATION and Proposed Order regarding information sharing between Platinum Entities by Bart Schwartz (Barenholtz, Celia) (Entered: 06/23/2017)
06/23/2017 171 MOTION for Leave to Electronically File Document under Seal by Bart Schwartz. (Attachments: # 1 Exhibit 1 Receiver's Letter in response to the letter submitted by the SEC on 6/21/17) (Barenholtz, Celia) (Entered: 06/23/2017)
06/23/2017 170 Letter for approval of resignation of Receiver by Bart Schwartz (Attachments: # 1 Exhibit Declaration of Bart M. Schwartz, # 2Exhibit Proposed Order) (Barenholtz, Celia) (Entered: 06/23/2017) (Exhibits)
06/22/2017 169 RESPONSE in Opposition re 168 MOTION for Leave to Electronically File Document under Seal filed by Mark Nordlicht, Platinum Management (NY) LLC. (Burck, William) (Entered: 06/22/2017)
06/21/2017 168 MOTION for Leave to Electronically File Document under Seal by United States Securities and Exchange Commission. (Attachments: # 1 Exhibit) (Jacobson, Neal) (Entered: 06/21/2017)
06/15/2017 167 Letter advising the Court of filing status by Bart Schwartz (Barenholtz, Celia) (Entered: 06/15/2017)
06/14/2017 166 MOTION for Leave to Electronically File Document under Seal Application for Permission to File Portions of the Receivers Wind-Down Plan and Limited Scope Professional Applications Under Seal by Bart Schwartz. (Barenholtz, Celia) (Entered: 06/14/2017)
06/08/2017 165 Letter regarding First Joint Interim Application of Receiver and Guidepost Solutions, LLC for Allowance of Compensation and Reimbursement of Expenses by Bart Schwartz (Attachments: # 1 Exhibit 1) (Barenholtz, Celia) (Entered: 06/08/2017) (Exhibits)
06/08/2017 164 Letter Regarding Fee Applications by United States Securities and Exchange Commission (Jacobson, Neal) (Entered: 06/08/2017)
06/08/2017 163 NOTICE of Appearance by William Russell Jenkins on behalf of Heartland Bank (notification declined or already on case) (Jenkins, William) (Entered: 06/08/2017)
06/08/2017 ORDER granting 160 Motion for Leave to Appear Pro Hac Vice. William R. Jenkins is permitted to argue or try this case in whole or in part as counsel or advocate. By 6/12/2017, counsel shall register for ECF and provide his address to the Clerk's Office. Registration is available online at the EDNY's homepage. Once registered, counsel shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Also, counsel shall ensure that the $150 admission fee is submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Magistrate Judge Vera M. Scanlon on 6/8/2017. (Stackhouse, Noreen) (Entered: 06/08/2017)
06/08/2017 162 Letter regarding the First Application of Cooley LLP for Allowance of Compensation and Reimbursement of Expenses by Bart Schwartz (Levine, Alan) (Entered: 06/08/2017)
06/06/2017 161 Letter to Chief Judge Dora L. Irizarry by Heartland Bank (Jenkins, William) (Entered: 06/06/2017)
06/06/2017 160 MOTION for Leave to Appear Pro Hac Vice of William R. Jenkins Filing fee $ 150, receipt number 0207-9582135. by Heartland Bank. (Attachments: # 1 Affidavit, # 2 Exhibit Certificate of Good Standing) (Jenkins, William) (Entered: 06/06/2017)
06/02/2017 159 RESPONSE in Opposition re 148 First MOTION for Hearing to lift stay so employees can sue to obtain payment for past servicesfiled by United States Securities and Exchange Commission. (McGrath, Kevin) (Entered: 06/02/2017)
06/02/2017 158 Letter in Response to Fee Applications (Dkt. Nos. 143 -144) by Uri Landesman (Breslin, Eric) (Entered: 06/02/2017)
06/02/2017 157 Letter in Response to Fee Applications by the Receiver and the Receiver's Counsel (Dkt. Nos. 143, 144) by Daniel Small (Levine, Seth) (Entered: 06/02/2017)
06/02/2017 156 Letter to The Honorable Dora L. Irizarry in Response to Receiver and Guidepost Solutions, LLC's First Fee Application (Dkt. No. 143) and Cooley LLP's First Fee Application (Dkt. No. 144) by David Levy (Sommer, Michael) (Entered: 06/02/2017)
06/02/2017 155 Letter re Fee Applications by Receiver and Receiver's Counsel, Dkt. Nos. 143 , 144 by Mark Nordlicht, Platinum Management (NY) LLC (Burck, William) (Entered: 06/02/2017)
06/01/2017 154 Letter in Response to Receiver and Guidepost Solutions, LLC's First Fee Application (Dkt. No. 143) and Cooley LLP's First Fee Application (Dkt. No. 144) by Jeffrey Shulse (Mann, Michael) (Entered: 06/01/2017)
06/01/2017 153 Letter in Response to the SEC and Receiver's Joint Request for a Status Conference (Dkt. No. 142) by Jeffrey Shulse (Mann, Michael) (Entered: 06/01/2017)
05/31/2017 152 Letter Status Letter re Fee Applications by United States Securities and Exchange Commission (Jacobson, Neal) (Entered: 05/31/2017)
05/31/2017 151 RESPONSE in Opposition re 148 First MOTION for Hearing to lift stay so employees can sue to obtain payment for past servicesfiled by Bart Schwartz. (Barenholtz, Celia) (Entered: 05/31/2017)