1:14-cv-07575-DLC-JCF Case: 1:14-cv-07575-DLC-JCF As of: 04/19/2015 01:47 AM EDT 1 of 12 Izak Zirk De Maison formerly known as Izak Zirk Engelbrecht Alan S. Fellheimer Fellheimer &Eichen LLP 45 Rockefeller Plaza, Suite 2000 New York, NY 10111 646-833-0383 Fax: 646-833-0384 Email: alan@fellheimer.net TERMINATED: 12/03/2014 LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Louis Mastromatteo represented by Richard H. Blake McDonald Hopkins Co., LPA 2100 Bank One Center 600 Superior Avenue, E. Cleveland44114, OH (216) 348-5400 Fax: (216) 348-5474 Email: rblake@mcdonaldhopkins.com ATTORNEY TO BE NOTICED Defendant Angelique De Maison represented by Alan S. Fellheimer (See above for address) TERMINATED: 09/29/2014 LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Trish Malone Defendant Kieran T. Kuhn Defendant Peter Voutsas Defendant Ronald Loshin represented by Jefrey Louis Bornstein KLGates LLP 4 Embarcadero Center, Suite 1200 San Francisco, CA 94111 (415) 249-1059 Fax: (415) 882-8200 Email: JBornstein@rbgg.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Stephen J. Crimmins KLGates (DC) 1601 K. Street, N.W. Washington, DC 20006 (202) 778-9440 Fax: (202) 778-9100 Email: stephen.crimmins@klgates.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Gepco, Ltd. Case: 1:14-cv-07575-DLC-JCF As of: 04/19/2015 01:47 AM EDT 2 of 12 Defendant Sunatco Ltd. TERMINATED: 12/01/2014 represented by Alan S. Fellheimer (See above for address) TERMINATED: 12/03/2014 LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Suprafin Ltd. TERMINATED: 12/01/2014 represented by Alan S. Fellheimer (See above for address) TERMINATED: 12/03/2014 LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Worldbridge Partners Defendant Traverse International represented by Richard H. Blake (See above for address) ATTORNEY TO BE NOTICED Defendant Small Cap Resource Corp. Intervenor Joel Caplan represented by Joel Caplan 116 Pleasant Street Suite 249 Easthampton, MA 01027 PRO SE Date Filed # Docket Text 09/18/2014 1 COMPLAINT against Jason Cope, Angelique De Maison, Izak Zirk De Maison, Gepco, Ltd., Kieran T. Kuhn, Ronald Loshin, Trish Malone, Louis Mastromatteo, Small Cap Resource Corp., Sunatco Ltd., Suprafin Ltd., Traverse International, Peter Voutsas, Worldbridge Partners. Document filed by Securities and Exchange Commission.(moh) (moh). (Entered: 09/18/2014) 09/18/2014 SUMMONS ISSUED as to Jason Cope, Angelique De Maison, Izak Zirk De Maison, Gepco, Ltd., Kieran T. Kuhn, Ronald Loshin, Trish Malone, Louis Mastromatteo, Small Cap Resource Corp., Sunatco Ltd., Suprafin Ltd., Traverse International, Peter Voutsas, Worldbridge Partners. (moh) (Entered: 09/18/2014) 09/18/2014 CASE REFERRED TO Judge Denise L. Cote as possibly related to 00-cv-108. (moh) (Entered: 09/18/2014) 09/18/2014 Case Designated ECF. (moh) (Entered: 09/18/2014) 09/18/2014 2 STATEMENT OF RELATEDNESS re: that this action be filed as related to 00-cv-108. Document filed by Securities and Exchange Commission.(moh) (moh). (Entered: 09/18/2014) 09/18/2014 3 CIVIL COVER SHEET filed. (moh) (moh). (Entered: 09/18/2014) 09/18/2014 4 STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of Case: 1:14-cv-07575-DLC-JCF As of: 04/19/2015 01:47 AM EDT 3 of 12 New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. (Signed by Judge Loretta A. Preska on 10/31/2011) (moh) (Entered: 09/18/2014) 09/18/2014 5 ORDER TO SHOW CAUSE, TEMPORARY RESTRAINING ORDER, AND ORDER FREEZING ASSETS AND GRANTING OTHER RELIEF filed by Securities and Exchange Commission. Show Cause Hearing set for 9/24/2014 at 10:30 AM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Show Cause Response due no later than 5:00 p.m. on 9/22/2014...The Commission shall have until 5:00 p.m. on 9/23/2014 to file its reply. (Signed by Judge Denise L. Cote on 9/18/2014) (gr) (Entered: 09/18/2014) 09/19/2014 6 NOTICE OF APPEARANCE by Alan S. Fellheimer on behalf of Angelique De Maison, Izak Zirk De Maison. (Fellheimer, Alan) (Entered: 09/19/2014) 09/19/2014 7 NOTICE OF APPEARANCE by Alan S. Fellheimer on behalf of Angelique De Maison, Izak Zirk De Maison. (Fellheimer, Alan) (Entered: 09/19/2014) 09/22/2014 8 NOTICE OF APPEARANCE by Richard H. Blake on behalf of Louis Mastromatteo. (Blake, Richard) (Entered: 09/22/2014) 09/22/2014 9 NOTICE OF APPEARANCE by John O'Donnell Enright on behalf of Securities and Exchange Commission. (Enright, John) (Entered: 09/22/2014) 09/22/2014 10 NOTICE OF APPEARANCE by Stephen J. Crimmins on behalf of Ronald Loshin. (Crimmins, Stephen) (Entered: 09/22/2014) 09/22/2014 11 RESPONSE TO ORDER TO SHOW CAUSE re: 5 Order to Show Cause,. Document filed by Ronald Loshin. (Crimmins, Stephen) (Entered: 09/22/2014) 09/22/2014 12 CONSENT LETTER MOTION to Adjourn Conference on SEC's Order to Show Cause addressed to Judge Denise L. Cote from Howard A. Fischer dated 09/22/2014. Document filed by Securities and Exchange Commission.(Enright, John) (Entered: 09/22/2014) 09/23/2014 13 MEMO ENDORSEMENT granting 12 Letter Motion to Adjourn Conference... All defendants are to submit any response to the OSC by or before 10/7/2014; All defendants who are obligated to do so will submit an accounting pursuant to XV of the OSC on or before 10/7/2014; The SEC is to submit any Reply in further support of the application on or before 10/14/2014. The 9/24/2014 hearing is adjourned to 10/22/2014 at 10:00 AM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Cote. The relief ordered in the September 18 Order to Show Cause shall continue in effect until such time as the issues raised in the application for emergency relief are determined by the Court. (Signed by Judge Denise L. Cote on 9/23/2014) (gr) (Entered: 09/23/2014) 09/23/2014 14 NOTICE OF APPEARANCE by Richard H. Blake on behalf of Traverse International. (Blake, Richard) (Entered: 09/23/2014) 09/24/2014 CASE ACCEPTED AS RELATED. Create association to 1:00-cv-00108-DLC-JCF. Notice of Assignment to follow. (pgu) (Entered: 09/24/2014) 09/24/2014 NOTICE OF CASE ASSIGNMENT to Judge Denise L. Cote. Judge Unassigned is no longer assigned to the case. (pgu) (Entered: 09/24/2014) 09/24/2014 Magistrate Judge James C. Francis IV is so designated. (pgu) (Entered: 09/24/2014) 09/24/2014 15 MOTION for Alan S. Fellheimer to Withdraw as Attorney for Angelique de Maison. Document filed by Angelique De Maison. (Attachments: # 1 Affidavit, # 2 Case: 1:14-cv-07575-DLC-JCF As of: 04/19/2015 01:47 AM EDT 4 of 12 Affirmation of Service, # 3 Text of Proposed Order)(Fellheimer, Alan) (Entered: 09/24/2014) 09/24/2014 16 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to 13 Order on Motion to Adjourn Conference,, and serve accounting addressed to Judge Denise L. Cote dated September 24, 2014. Document filed by Izak Zirk De Maison, Sunatco Ltd., Suprafin Ltd..(Fellheimer, Alan) (Entered: 09/24/2014) 09/24/2014 17 MEMO ENDORSEMENT granting 16 Letter Motion for Extension of Time to File Response/Reply re 16 CONSENT LETTER MOTION for Extension of Time to File Response/Reply. Defendants Mr. De Maison; Suprafin, Ltd. and Sunatco, Ltd. shall responses by 10/14/2014. SEC's reply shall be due 10/20/2014. (Signed by Judge Denise L. Cote on 9/24/2014) (gr) (Entered: 09/24/2014) 09/29/2014 18 ORDER granting 15 Motion to Withdraw as Attorney. Attorney Alan S. Fellheimer terminated. (Signed by Judge Denise L. Cote on 9/29/2014) (gr) (Entered: 09/29/2014) 10/01/2014 19 NOTICE OF APPEARANCE by Leslie Kazon on behalf of Securities and Exchange Commission. (Kazon, Leslie) (Entered: 10/01/2014) 10/02/2014 20 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Traverse International.(Blake, Richard) (Entered: 10/02/2014) 10/02/2014 21 RESPONSE TO ORDER TO SHOW CAUSE re: 5 Order to Show Cause,. Document filed by Louis Mastromatteo, Traverse International. (Blake, Richard) (Entered: 10/02/2014) 10/02/2014 22 FINANCIAL AFFIDAVIT. Document filed by Louis Mastromatteo, Traverse International. (Attachments: # 1 Exhibit Verified Accounting of Louis Mastromatteo, # 2 Exhibit Verified Accounting of Traverse International)(Blake, Richard) (Entered: 10/02/2014) 10/06/2014 23 LETTER MOTION for Extension of Time for Defendant Ronald Loshin, addressed to Judge Denise L. Cote from Stephen J. Crimmins dated October 6, 2014. Document filed by Ronald Loshin.(Crimmins, Stephen) (Entered: 10/06/2014) 10/07/2014 24 MEMO ENDORSEMENT regarding 23 Letter Motion for Extension of Time. ENDORSEMENT: The relief requested is granted. The Loshin hearing is scheduled for 12/4/14 at 10:00 a.m. (Signed by Judge Denise L. Cote on 10/7/2014) (gr) (Entered: 10/07/2014) 10/07/2014 25 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Amend/Correct 5 Order to Show Cause, Temporary Restraining Order. Document filed by Izak Zirk De Maison. (Attachments: # 1 Notice of Motion, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Proposed Order)(Fellheimer, Alan) Modified on 10/8/2014 (db). (Entered: 10/07/2014) 10/07/2014 26 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Stay PENDING RESOLUTION OF THE PARALLEL CRIMINAL PROCEEDINGS. Document filed by Izak Zirk De Maison. (Attachments: # 1 Brief in Support, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Certificate of Service, # 9 Text of Proposed Order)(Fellheimer, Alan) Modified on 10/8/2014 (db). (Entered: 10/07/2014) 10/08/2014 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Alan S. Fellheimer to RE-FILE Document 25 MOTION to Amend/Correct 5 Order to Show Cause, Temporary Restraining Order. Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents. ***REMINDER*** - First file the attached Motion, then file and link any supporting documents. (db) (Entered: 10/08/2014) 10/08/2014 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Alan S. Fellheimer to RE-FILE Document 26 MOTION to Stay PENDING RESOLUTION OF THE PARALLEL CRIMINAL PROCEEDINGS. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db) Case: 1:14-cv-07575-DLC-JCF As of: 04/19/2015 01:47 AM EDT 5 of 12 (Entered: 10/08/2014) 10/08/2014 27 EMERGENCY MOTION TO MODIFY TEMPORARY RESTRAINING ORDER re: 5 Order to Show Cause, . Document filed by Izak Zirk De Maison. (Attachments: # 1 Text of Proposed Order)(Fellheimer, Alan) (Entered: 10/08/2014) 10/08/2014 28 EMERGENCY MEMORANDUM OF LAW in Support re: 27 EMERGENCY MOTION TO MODIFY TEMPORARY RESTRAINING ORDER re: 5 Order to Show Cause, . . Document filed by Izak Zirk De Maison. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Fellheimer, Alan) (Entered: 10/08/2014) 10/08/2014 ***DELETED DOCUMENT. Deleted document number 29 Motion. The document was incorrectly filed in this case. (db) (Entered: 10/08/2014) 10/08/2014 29 MOTION to Stay . Document filed by Izak Zirk De Maison. (Attachments: # 1 Text of Proposed Order)(Fellheimer, Alan) (Entered: 10/08/2014) 10/08/2014 30 LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Denise L. Cote from Howard Fischer dated October 8, 2014. Document filed by Securities and Exchange Commission.(Fischer, Howard) (Entered: 10/08/2014) 10/08/2014 31 MEMORANDUM OF LAW in Support re: 29 MOTION to Stay . . Document filed by Izak Zirk De Maison. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Certificate of Service)(Fellheimer, Alan) (Entered: 10/08/2014) 10/09/2014 32 MEMO ENDORSEMENT granting 30 Letter Motion for Extension of Time to File Response/Reply. SO ORDERED. (Signed by Judge Denise L. Cote on 10/9/2014) (gr) (Entered: 10/09/2014) 10/09/2014 33 FIRST LETTER MOTION for Extension of Time to File Response/Reply to Order to Show Cause addressed to Judge Denise L. Cote from Howard A. Fischer dated October 9, 2014. Document filed by Securities and Exchange Commission.(Enright, John) (Entered: 10/09/2014) 10/10/2014 34 MEMORANDUM OF LAW re: 5 Order to Show Cause, Temporary Restraining Order, and Order Freezing Assets and Granting Other Relief. Document filed by Securities and Exchange Commission. (Enright, John) (Entered: 10/10/2014) 10/10/2014 35 DECLARATION of Howard A. Fischer in Support re: 5 Order to Show Cause,. Document filed by Securities and Exchange Commission. (Enright, John) (Entered: 10/10/2014) 10/10/2014 36 DECLARATION of Thomas Feretic in Support re: 5 Order to Show Cause,. Document filed by Securities and Exchange Commission. (Enright, John) (Entered: 10/10/2014) 10/10/2014 37 DECLARATION of John O. Enright in Support re: 5 Order to Show Cause,. Document filed by Securities and Exchange Commission. (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 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P)(Enright, John) (Entered: 10/10/2014) 10/10/2014 38 MEMO ENDORSEMENT granting 33 Letter Motion for Extension of Time to File Response/Reply: Defendant Peter Voutsas' responses due by 11/7/2014; The Securities &Exchange Commission's reply due by 11/21/2014. (Signed by Judge Denise L. Cote on 10/10/2014) (gr) (Entered: 10/10/2014) 10/10/2014 39 LETTER addressed to Judge Denise L. Cote from Securities and Exchange Commission dated 10/10/2014 re: Proposed Stipulation and Consent Order. Document filed by Securities and Exchange Commission.(Enright, John) (Entered: 10/10/2014) 10/14/2014 40 STIPULATION AND CONSENT ORDER IMPOSING PRELIMINARY INJUNCTION AND OTHER RELATED RELIEF AGAINST DEFENDANTS TRISH MALONE AND GEPCO, LTD. (Signed by Judge Denise L. Cote on Case: 1:14-cv-07575-DLC-JCF As of: 04/19/2015 01:47 AM EDT 6 of 12 10/14/2014) (gr) (Entered: 10/14/2014) 10/14/2014 41 REPLY MEMORANDUM OF LAW in Support re: 5 Order to Show Cause, Temporary Restraining Order, Asset Freeze, and Other Relief. Document filed by Securities and Exchange Commission. (Fischer, Howard) (Entered: 10/14/2014) 10/14/2014 42 DECLARATION in Support re: 5 Order to Show Cause,. Document filed by Securities and Exchange Commission. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Fischer, Howard) (Entered: 10/14/2014) 10/20/2014 43 MOTION for Leave to File SUR-REPLY IN FURTHER OPPOSITION TO PLAINTIFFS APPLICATION FOR PRELIMINARY INJUNCTION. Document filed by Izak Zirk De Maison. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Fellheimer, Alan) (Entered: 10/20/2014) 10/20/2014 44 MEMORANDUM OF LAW in Support re: 43 MOTION for Leave to File SUR-REPLY IN FURTHER OPPOSITION TO PLAINTIFFS APPLICATION FOR PRELIMINARY INJUNCTION. . Document filed by Izak Zirk De Maison. (Attachments: # 1 Exhibit 1)(Fellheimer, Alan) (Entered: 10/20/2014) 10/21/2014 45 MOTION for Jeffrey L. Bornstein to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10226882. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ronald Loshin. (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order)(Bornstein, Jefrey) (Entered: 10/21/2014) 10/21/2014 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 45 MOTION for Jeffrey L. Bornstein to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10226882. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi) (Entered: 10/21/2014) 10/21/2014 46 ORDER granting 45 Motion for Jeffrey L. Bornstein to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise) (Entered: 10/21/2014) 10/21/2014 47 MOTION for Protective Order . Document filed by Izak Zirk De Maison, Sunatco Ltd., Suprafin Ltd.. (Attachments: # 1 Affidavit Certificate of Service, # 2 Text of Proposed Order)(Fellheimer, Alan) (Entered: 10/21/2014) 10/21/2014 48 MEMORANDUM OF LAW in Support re: 47 MOTION for Protective Order . . Document filed by Izak Zirk De Maison, Sunatco Ltd., Suprafin Ltd.. (Attachments: # 1 Affidavit In Support of Memorandum in Support of Motion for a Protective Order)(Fellheimer, Alan) (Entered: 10/21/2014) 10/22/2014 49 ORDER Imposing Preliminary Injunction and Other Relief Against Defendants Jason Cope, Izak Zirk De Maison (f/k/a Izak Zirk Engelbrecht), Louis Mastromatteo, Angelique De Maison, Kieran T. Kuhn, Sunatco Ltd., Suprafin Ltd., Worldbridge Partners, Traverse International, and Small Cap Resource Corp. (Signed by Judge Denise L. Cote on 10/22/2014) (gr) (Entered: 10/22/2014) 10/22/2014 Minute Entry for proceedings held before Judge Denise L. Cote: Oral Argument held on 10/22/2014. (Court Reporter Tara Jones) (gr) (Entered: 10/23/2014) 10/23/2014 50 ORDER...At an October 22, 2014 hearing in this case, various matters were discussed. Also on October 22, 2014, an Order was entered imposing a preliminary injunction and other relief against ten defendants in this action. Accordingly, it is hereby ORDERED that by 10/30/2014 the SEC shall submit a memorandum of law addressing not only the issues on which the Court called for briefing at the October 22 hearing, but also the October 21 motion for a protective order...IT IS FURTHER ORDERED that by 11/4/2014 the Engelbrecht defendants shall submit responsive papers... The parties shall submit their papers to all parties in this action. IT IS FURTHER ORDERED that 11/6/2014 at 10:00am in Courtroom 15B...a hearing will be held to address (i) the issues designated at the October 22 hearing, (ii) the October 21 motion for a protective order, and (iii) any other issues raised by the parties submissions of October 30 and November 4. (Signed by Judge Denise L. Cote on 10/23/2014) (gr) (Entered: 10/23/2014) Case: 1:14-cv-07575-DLC-JCF As of: 04/19/2015 01:47 AM EDT 7 of 12 10/24/2014 59 NOTICE OF MOTION TO INTERVENE OR JOIN.Document filed by Joel Caplan.(sc) (Entered: 10/28/2014) 10/27/2014 51 LETTER MOTION to Adjourn Conference scheduled for 11/6/14 on potential contempt and to cancel the 11/6/14 hearing on Defendant Engelbrecht's carve-out application and motion for a protective order addressed to Judge Denise L. Cote from Howard A. Fischer dated 10/27/2014. Document filed by Securities and Exchange Commission.(Enright, John) (Entered: 10/27/2014) 10/28/2014 52 MOTION to Withdraw 27 EMERGENCY MOTION TO MODIFY TEMPORARY RESTRAINING ORDER re: 5 Order to Show Cause, . . Document filed by Izak Zirk De Maison. (Attachments: # 1 Certificate of Service, # 2 Text of Proposed Order)(Fellheimer, Alan) (Entered: 10/28/2014) 10/28/2014 53 MEMORANDUM OF LAW in Support re: 52 MOTION to Withdraw 27 EMERGENCY MOTION TO MODIFY TEMPORARY RESTRAINING ORDER re: 5 Order to Show Cause, . . . Document filed by Izak Zirk De Maison. (Fellheimer, Alan) (Entered: 10/28/2014) 10/28/2014 54 MOTION to Withdraw 29 MOTION to Stay ., 47 MOTION for Protective Order . . Document filed by Izak Zirk De Maison. (Attachments: # 1 Certificate of Service, # 2 Text of Proposed Order)(Fellheimer, Alan) (Entered: 10/28/2014) 10/28/2014 55 MEMORANDUM OF LAW in Support re: 54 MOTION to Withdraw 29 MOTION to Stay ., 47 MOTION for Protective Order . . . Document filed by Izak Zirk De Maison. (Fellheimer, Alan) (Entered: 10/28/2014) 10/28/2014 56 MOTION for Alan S. Fellheimer to Withdraw as Attorney . Document filed by Izak Zirk De Maison, Sunatco Ltd., Suprafin Ltd.. (Attachments: # 1 Certificate of Service, # 2 Text of Proposed Order)(Fellheimer, Alan) (Entered: 10/28/2014) 10/28/2014 57 MEMORANDUM OF LAW in Support re: 56 MOTION for Alan S. Fellheimer to Withdraw as Attorney . . Document filed by Izak Zirk De Maison, Sunatco Ltd., Suprafin Ltd.. (Attachments: # 1 Exhibit A)(Fellheimer, Alan) (Entered: 10/28/2014) 10/28/2014 58 MEMO ENDORSEMENT regarding 51 Letter Motion to Adjourn Conference and proposalsENDORSEMENT: So Ordered. (Signed by Judge Denise L. Cote on 10/28/2014) (gr) (Entered: 10/28/2014) 10/29/2014 60 ORDER granting 52 Defendant Izak Zirk De Maison's Motion to Withdraw Motion for Emergency Motion To Modify Temporary Restraining Order. (Signed by Judge Denise L. Cote on 10/29/2014) (gr) (Entered: 10/29/2014) 10/29/2014 61 ORDER granting 54 Defendants Izak Zirk De Maison, Suprafin Ltd. And Sunatco Ltd.'s Motion to Withdraw Their i) Motion for Emergency Motion Stay And ii) Motion For Protective Order. (Signed by Judge Denise L. Cote on 10/29/2014) (gr) (Entered: 10/29/2014) 10/30/2014 62 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Securities and Exchange Commission.(Fischer, Howard) (Entered: 10/30/2014) 10/30/2014 63 ORDER: On October 24, 2014, an individual named Joel Caplan (Caplan), proceeding pro se, filed a motion to intervene or join in this action...on October 14, 2014, the Court entered a stipulation and consent order imposing a preliminary injunction and other related relief. Accordingly, it is herebyORDERED that Caplans motion shall be construed as an application to participate in any recovery achieved by the Securities and Exchange Commission (SEC) in this action. IT IS FURTHER ORDERED that the SEC shall contact Caplan to keep him advised of any recovery achieved in this action. (Signed by Judge Denise L. Cote on 10/29/2014) Copies Mailed By Chambers To Joel Caplan. (gr) (Entered: 10/30/2014) 10/30/2014 64 ORDER....On October 28, 2014, Fellheimer &Eichen LLP (Fellheimer) moved for leave to withdraw as counsel of record for Engelbrecht defendants. Fellheimer is the only counsel of record for Suprafin and Sunatco in this case. Because corporations must be represented by an attorney in federal court...Suprafin and Case: 1:14-cv-07575-DLC-JCF As of: 04/19/2015 01:47 AM EDT 8 of 12 Sunatco must find new counsel to proceed in this case or face default judgment against them. Accordingly, it is hereby ORDERED that Fellheimer is granted leave to withdraw as counsel of record for Engelbrecht in this action and will be granted leave to withdraw as counsel of record for Suprafin and Sunatco in this action as of November 28, 2014 so long as Fellheimer files with the Court by that date an affidavit stating that Fellheimer served on Suprafin and Sunatco by November 4, 2014 a copy of this Order. IT IS FURTHER ORDERED that the time for Engelbrecht defendants to submit an Answer or otherwise respond to the Complaint is November 28, 2014. By that date, an attorney must file a notice of appearance for Suprafin and Sunatco or a default will be entered against them. (Signed by Judge Denise L. Cote on 10/29/2014) (gr) (Entered: 10/30/2014) 10/30/2014 65 NOTICE of Withdrawal of Appearance re: 64 Order,,,,. Document filed by Izak Zirk De Maison. (Attachments: # 1 Certificate of Service)(Fellheimer, Alan) (Entered: 10/30/2014) 10/30/2014 66 TRANSCRIPT of Proceedings re: conference held on 10/22/2014 before Judge Denise L. Cote. Court Reporter/Transcriber: Tara Jones, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/24/2014. Redacted Transcript Deadline set for 12/4/2014. Release of Transcript Restriction set for 1/31/2015.(McGuirk, Kelly) (Entered: 10/30/2014) 10/30/2014 67 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 10/22/2014 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 10/30/2014) 10/30/2014 68 AFFIDAVIT in Support re: 56 MOTION for Alan S. Fellheimer to Withdraw as Attorney .. Document filed by Izak Zirk De Maison, Sunatco Ltd., Suprafin Ltd.. (Attachments: # 1 Exhibit "A", # 2 Exhibit "B")(Fellheimer, Alan) (Entered: 10/30/2014) 11/10/2014 69 LETTER MOTION for Extension of Time with respect to certain dates regarding various obligations of Defendant Ronald Loshin addressed to Judge Denise L. Cote from Stephen J. Crimmins dated November 10, 2014. Document filed by Ronald Loshin.(Crimmins, Stephen) (Entered: 11/10/2014) 11/12/2014 70 MEMO ENDORSEMENT granting 69 Letter Motion for Extension of Time for defendant Ronald Loshin ("Loshin") to answer to 12/10/2014; the time for Loshin to furnish an accounting is extended to 12/10/2014; the time for Loshin to respond to the SEC's request for production of documents shall likewise be due 12/10/2014; with respect to only Loshin, the SEC shall have until 12/31/2014 to submit its Reply in Further Support of its September 18 Order; that any hearing on the September 18 Order with respect to Loshin only, is adjourned to be rescheduled only if the parties are unable to stipulate to a preliminary injunction; and the relief ordered in the September 18 Order to Show Cause shall continue in effect as to Loshin until such time as the issues raised in the application for emergency relief are determined by the Court or resolved by the consent of the parties.. (Signed by Judge Denise L. Cote on 11/12/2014) (gr) (Entered: 11/12/2014) 11/12/2014 Set/Reset Deadlines: Ronald Loshin answer due 12/10/2014. (gr) (Entered: 11/12/2014) 11/14/2014 71 LETTER addressed to Judge Denise L. Cote from Securities and Exchange Commission dated 11/14/2014 re: Proposed Consent Order Between Plaintiff and Defendant Ronald Loshin. Document filed by Securities and Exchange Commission.(Enright, John) (Entered: 11/14/2014) 11/14/2014 72 CONSENT LETTER MOTION to Adjourn Conference on Plaintiff's Order to Show Cause as to Defendants Peter Voutsas and Ronald Loshin addressed to Judge Denise L. Cote from Plaintiff dated 11/14/2014. Document filed by Securities and Exchange Commission.(Enright, John) (Entered: 11/14/2014) Case: 1:14-cv-07575-DLC-JCF As of: 04/19/2015 01:47 AM EDT 9 of 12 11/17/2014 73 STIPULATION AND CONSENT ORDER IMPOSING PRELIMINARY INJUNCTION AND OTHER RELATED RELIEF AGAINST DEFENDANT RONALD LOSHIN... (Signed by Judge Denise L. Cote on 11/17/2014) (gr) (Entered: 11/17/2014) 11/17/2014 74 MEMO ENDORSEMENT regarding 72 Letter Motion to Adjourn the December 4, 2014 hearing. ENDORSEMENT: The Voutsas hearing is adjourned to January 30, 2015 at 3:00 p.m. There shall be no further adjournment. (Signed by Judge Denise L. Cote on 11/17/2014) (gr) (Entered: 11/17/2014) 12/01/2014 75 LETTER MOTION for Extension of Time addressed to Judge Denise L. Cote from Howard Fischer dated December 1, 2014. Document filed by Securities and Exchange Commission. Return Date set for 1/30/2015 at 03:00 PM.(Fischer, Howard) (Entered: 12/01/2014) 12/01/2014 76 ORDER: This Order serves to clarify that the hearing previously scheduled for December 4, 2014 has been adjourned. The hearing was to cover issues with respect to defendants Ronald Loshin and Peter Voutsas. In light of a November 17 Stipulation and Consent Order, the issues with respect to Loshin no longer require the December 4 hearing. And in light of a November 17 Memo Endorsement, the issues with respect to Voutsas no longer require the December 4 hearing. Accordingly, it is hereby ORDERED that no hearing shall take place on December 4. IT IS FURTHER ORDERED that plaintiff shall forthwith serve a copy of this Order on Izak Zirk de Maison (f/k/a Izak Zirk Engelbrecht) (Engelbrecht), Suprafin Ltd. (Suprafin), and Sunatco Ltd. (Sunatco). (Signed by Judge Denise L. Cote on 12/1/2014) (gr) (Entered: 12/01/2014) 12/01/2014 77 MEMO ENDORSEMENT granting 75 Letter Motion for Extension of Time regarding Voutsas' time to file his opposition to the Preliminary Injunction to 1/5/2015 and the SEC's Reply in Further Support shall be due on or before 1/23/2015. (Signed by Judge Denise L. Cote on 12/1/2014) (gr) (Entered: 12/01/2014) 12/01/2014 78 ORDER ENTERING DEFAULT JUDGMENT: It is hereby ORDERED that default is entered against Supra fin and Sunatco. By an accompanying Order of Reference, the claims against Suprafin and Sunatco are referred to a Magistrate Judge for an inquest on damages. That inquest shall not occur and no damages shall be awarded until the claims against the other defendants in this litigation have been resolved. IT IS FURTHER ORDERED that any order to show cause for entry of a default against Engelbrecht is due December 5, returnable at noon on December 12, 2014 in Courtroom 15B. Counsel shall review this Court's Individual Practices in Civil Cases regarding default judgments submissions. IT IS FURTHER ORDERED that plaintiff shall file with the Court by December 12 an affidavit stating that it served a copy of this Order on the Engelbrecht defendants by December 5. (Signed by Judge Denise L. Cote on 12/1/2014) (Attachments: # 1 Right to Appeal Attachment 1, # 2 Right to Appeal Attachment 2)(mro) (Entered: 12/01/2014) 12/01/2014 Set/Reset Hearings: Show Cause Hearing set for 12/12/2014 at 12:00 PM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (mro) (Entered: 12/01/2014) 12/01/2014 79 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Inquest After Default/Damages Hearing. Referred to Magistrate Judge James C. Francis. (Signed by Judge Denise L. Cote on 12/1/2014) (mro) (Entered: 12/01/2014) 12/01/2014 80 LETTER MOTION for Extension of Time addressed to Judge Denise L. Cote from Howard Fischer dated December 1, 2014. Document filed by Securities and Exchange Commission. Return Date set for 12/12/2014 at 12:00 PM.(Fischer, Howard) (Entered: 12/01/2014) 12/01/2014 81 NOTICE of Withdrawal of Attorney Alan Fellheimer re: 64 Order,,,,. Document filed by Izak Zirk De Maison. (Attachments: # 1 Certificate of Service)(Fellheimer, Alan) (Entered: 12/01/2014) Case: 1:14-cv-07575-DLC-JCF As of: 04/19/2015 01:47 AM EDT 10 of 12 12/02/2014 82 LETTER addressed to Judge Denise L. Cote from Alan Fellheimer dated 12/02/2014 re: Passport. Document filed by Izak Zirk De Maison.(Fellheimer, Alan) (Entered: 12/02/2014) 12/02/2014 83 MEMO ENDORSEMENT regarding 80 Letter Motion request from the SEC that any default application and hearing for Engelbrecht be adjourned until after the First Amended Complaint is filed and served. ENDORSEMENT: Any order for entry of a default by Engelbrecht shall be due March 27, 2015. (Signed by Judge Denise L. Cote on 12/2/2014) (gr) (Entered: 12/02/2014) 12/03/2014 84 ENDORSED LETTER addressed to Judge Denise L. Cote from Alan Fellheimer dated 12/02/2014 re: Request that the Court permit him to send Izak Zirk Engelbrecht's passport to his new counsel, Richard Lillie. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 12/2/2014) (gr) (Entered: 12/03/2014) 12/04/2014 85 LETTER MOTION for Extension of Time (i) to answer or move with respect to the complaint; (ii) to furnish an accounting; and (iii) to respond to the SEC's request for production of documents, addressed to Judge Denise L. Cote from Defendant Ronald Loshin dated December 4, 2014. Document filed by Ronald Loshin.(Crimmins, Stephen) (Entered: 12/04/2014) 12/04/2014 86 MEMO ENDORSEMENT granting 85 Letter Motion for Extension of Time to January 15 for Mr. Loshin (i) to answer or move with respect to the complaint; (ii) to furnish an accounting; and (iii) to respond to the SEC's request for production of documents. (Signed by Judge Denise L. Cote on 12/4/2014) (gr) (Entered: 12/04/2014) 12/08/2014 87 NOTICE OF CHANGE OF ADDRESS by Richard H. Blake on behalf of Louis Mastromatteo, Traverse International. New Address: McDonald Hopkins LLC, 600 Superior Avenue, Suite 2100, Cleveland, Ohio, United States of America 44114, (216) 348-5400. (Blake, Richard) (Entered: 12/08/2014) 12/12/2014 88 AFFIDAVIT OF SERVICE of Court's 12/1/2014 Order served on Izak Zirk de Maison (f/k/a Izak Zirk Engelbrecht), Sunatco Ltd., and Suprafin Ltd. on 12/1/2014. Service was made by MAIL. Document filed by Securities and Exchange Commission. (Enright, John) (Entered: 12/12/2014) 01/06/2015 89 LETTER MOTION for Extension of Time addressed to Judge Denise L. Cote from Howard Fischer dated January 6, 2015. Document filed by Securities and Exchange Commission.(Fischer, Howard) (Entered: 01/06/2015) 01/12/2015 90 ENDORSED LETTER addressed to Judge Denise L. Cote from Sharon L. Schneier dated 1/6/2015 ENDORSEMENT: Without the filing of a notice of appearance by counsel, this application cannot be addressed. Ms. de Maison or the SEC may singly or jointly bring an application. (Signed by Judge Denise L. Cote on 1/12/2015) (gr) (Entered: 01/12/2015) 01/12/2015 91 MEMO ENDORSEMENT granting 89 request by the SEC and defendant Peter Voutsas that the Court adjourn sine die the deadlines set forth in the December 1, 2014 memo-endorsement. (Signed by Judge Denise L. Cote on 1/12/2015) (gr) (Entered: 01/12/2015) 01/13/2015 92 LETTER MOTION for Extension of Time (i) to answer or move with respect to the complaint; (ii) to furnish an accounting; and (iii) to respond to the SEC's request for production of documents addressed to Judge Denise L. Cote from Defendant Ronald Loshin dated January 13, 2015. Document filed by Ronald Loshin.(Crimmins, Stephen) (Entered: 01/13/2015) 01/14/2015 93 MEMO ENDORSEMENT granting 92 Letter Motion for Extension of Time for defendant Ronald Loshin to answer or move with respect to the complaint...from 1/15 to 2/5. (Signed by Judge Denise L. Cote on 1/14/2015) (gr) (Entered: 01/14/2015) 01/15/2015 94 ORDER...that Izak Zirk de Maison (f/k/a Izak Zirk Engelbrecht) ("Engelbrecht") take notice of the following: Because Engelbrecht is proceeding pro se, he is entitled to receive assistance from the Pro Se Office. Engelbrecht may seek assistance in person at Room 230, United States Courthouse, 500 Pearl Street, or Case: 1:14-cv-07575-DLC-JCF As of: 04/19/2015 01:47 AM EDT 11 of 12 by telephone at 212-805-0175. (Signed by Judge Denise L. Cote on 1/15/2015) Copies Mailed By Chambers to Izak Zirk Engelbrecht. (gr) (Entered: 01/15/2015) 01/21/2015 95 LETTER addressed to Judge Denise L. Cote from Securities and Exchange Commission dated 1/21/2015 re: Stipulation and Proposed Order re: De Maison House Sale. Document filed by Securities and Exchange Commission. (Attachments: # 1 Exhibit A: List of De Maison Real Estate, # 2 Exhibit B: Oxnard St. House Sales Contract)(Enright, John) (Entered: 01/21/2015) 01/22/2015 96 STIPULATION AND ORDER (Signed by Judge Denise L. Cote on 1/21/2015) (Attachments: # 1 Exhibit A Spreadsheet of Angelique de Maison real property, # 2 Exhibit B Regarding the Oxnard Street property)(gr) (Entered: 01/22/2015) 01/30/2015 97 LETTER MOTION for Extension of Time (i) to answer or move with respect to the complaint; (ii) to furnish an accounting; and (iii) to respond to the SEC's request for production of documents addressed to Judge Denise L. Cote from Defendant Ronald Loshin dated January 30, 2015. Document filed by Ronald Loshin.(Crimmins, Stephen) (Entered: 01/30/2015) 02/02/2015 98 MEMO ENDORSEMENT regarding 97 Letter Motion for Extension of Time from February 6 to February 26 for defendant Ronald Loshin to answer or move...ENDORSEMENT: The time to answer is extended to 2/26/15. (Signed by Judge Denise L. Cote on 1/30/2015) Copies Mailed By Chambers. (gr) (Entered: 02/02/2015) 03/24/2015 99 LETTER MOTION for Extension of Time to adjourn the filing of an application for a default judgment against Zirk Engelbrecht addressed to Judge Denise L. Cote from Howard A. Fischer dated March 24, 2015. Document filed by Securities and Exchange Commission.(Enright, John) (Entered: 03/24/2015) 03/25/2015 100 MEMO ENDORSEMENT regarding 99 Letter Motion for Extension of Time to file any default application against defendant Zirk Engelbrecht by March 27, 2015. ENDORSEMENT: The December 1 letter anticipated a "FAC" being filed early in 2015. A status letter from the SEC shall be submitted by 4/24/15. The request to adjourn the application for a default is granted. (Signed by Judge Denise L. Cote on 3/24/2015) (gr) (Entered: 03/25/2015)