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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 401-450 | 451-500 | 501-521

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Date Court Document Number Description
02/07/2020 521 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)
02/06/2020 520 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)
01/22/2020 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)
01/21/2020 519 STATUS REPORT /The Receiver's Tenth Status Report to the Court by Receiver (Attachments: # (1) Exhibit A., # (2) Exhibit B.) (Cyganowski, Melanie)
01/19/2020 518 Letter submitted in response to Court's Order dated December 12, 2019 by Ira A. Sturm (Sturm, Ira)
01/17/2020 517 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)
01/17/2020 516 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)
01/17/2020 515 Letter submitted respectfully in response to the Court's Order, dated December 12, 2019 by David Levy (Sommer, Michael)
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 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)
01/09/2020 ORDER granting [512] Motion to Withdraw as Attorney. Attorney Lisabeth Fryer terminated. Ordered by Judge Brian M. Cogan on 1/9/2020. (Weisberg, Peggy)
01/09/2020 512 Notice of MOTION to Withdraw as Attorney by Mark Nordlicht. (Fryer, Lisabeth)
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)
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)
12/26/2019 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)
12/26/2019 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)
12/24/2019 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)
12/24/2019 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)
12/19/2019 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)
12/17/2019 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)
12/17/2019 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 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)
12/12/2019 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)
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)
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)
11/06/2019 501 REPLY to Response to Motion re [494] MOTION to Compel Indemnification filed by David Levy. (Sommer, Michael)