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Re: janice shell post# 3921

Saturday, 03/03/2018 4:40:49 AM

Saturday, March 03, 2018 4:40:49 AM

Post# of 5515
Pacer update 31 Jul 14 - Securities And Exchange Commission v. Fowler et al CIVIL DOCKET FOR CASE #: 1:13-cv-01656-SCJ

https://ecf.gand.uscourts.gov/cgi-bin/iquery.pl

U.S. District Court
Northern District of Georgia (Atlanta)

CIVIL DOCKET FOR CASE #: 1:13-cv-01656-SCJ
Securities And Exchange Commission v. Fowler et al

Assigned to: Judge Steve C Jones
Cause: 15:77 Securities Fraud
Date Filed: 05/16/2013
Date Terminated: 07/31/2014
Jury Demand: Plaintiff
Nature of Suit: 850 Securities/Commodities
Jurisdiction: U.S. Government Plaintiff

Plaintiff
Securities And Exchange Commission
represented by Joshua A. Mayes
U.S. Securities and Exchange Commission
Atlanta Regional Office
950 East Paces Ferry Rd., N.W.
Suite 900
Atlanta, GA 30326
404-842-5747
Fax: 404-842-7666
Email: mayesj@sec.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Madison Graham Loomis
U.S. Securities & Exchange Commission-GA
Suite 900
950 East Paces Ferry Rd., N.E.
Atlanta, GA 30326-1382
404-842-7600
Fax: .
Email: loomism@sec.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

W. Shawn Murnahan
Securities and Exchange Commission
Suite 900
950 East Paces Ferry Road, N.E.
Atlanta, GA 30326
404-842-7600
Fax: 404-842-7666
Email: murnahanw@sec.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.
Defendant
Robert Fowler
Defendant
US Capital Funding II Series Trust 1, Inc.

Date Filed # Docket Text

07/31/2014 Civil Case Terminated. (jtj) (Entered: 07/31/2014)

07/31/2014 15 FINAL JUDGMENT against Defendants Robert Fowler and US Capital Funding II Series Trust 1, Inc. Fowler and US Capital are jointly and severally liable for disgorgement of $350,000, representing profits gained as a result of the conduct alleged in the Complaint, together with prejudgment interest thereon in the amount of $12,151.66, for a total of $362,151.66, and a civil penalty in the amount of $150,000.00. Defendants shall satisfy this obligation by paying the total, $512,151.66, to the Securities and Exchange Commission within 14 days after entry of this Final Judgment. This Court shall retain jurisdiction of this matter for the purposes of enforcing the terms of this Final Judgment. Signed by Judge Steve C Jones on 7/31/2014. (See judgment for more specifics) (jtj) (Entered: 07/31/2014)

01/07/2014 Submission of the 14 MOTION for Default Judgment as to Robert Fowler and US Capital Funding II Series Trust 1, Inc. to District Judge Steve C Jones. (aaq) (Entered: 01/07/2014)

12/17/2013 Clerks Entry of Default as to Robert Fowler, US Capital Funding II Series Trust 1, Inc. (ddm) (Entered: 12/17/2013)

12/16/2013 14 MOTION for Default Judgment as to Robert Fowler and US Capital Funding II Series Trust 1, Inc. with Brief In Support by Securities And Exchange Commission. (Attachments: # 1 Brief Memo of Law, # 2 Affidavit Exhibit A, # 3 Text of Proposed Order)(Murnahan, W.) (Entered: 12/16/2013)

12/16/2013 13 ORDER TO SHOW CAUSE within ten days why this matter should not be dismissed for want of prosecution pursuant to Local Rule 41.3A(3). Signed by Judge Steve C Jones on 12/16/2013. (pdw) (Entered: 12/16/2013)

12/16/2013 12 MOTION for Clerks Entry of Default Against Defendants Robert Fowler and US Capital Funding II Series Trust 1, Inc. by Securities And Exchange Commission. (Attachments: # 1 Affidavit Exhibit A)(Murnahan, W.) (Entered: 12/16/2013)

06/14/2013 11 ORDER GRANTING Preliminary Injunctions and Ordering Other Relief as to Defendants. The asset freeze imposed by the Order on May 16, 2013 shall continue in full force and effect, and all such funds and other assets shall remain frozen. This Preliminary Injunction shall remain in effect until entry of a Final Judgment in, or other disposition of, this action. (See order for specifics.) Signed by Judge Steve C. Jones on 6/14/2013. (jtj) (Entered: 06/14/2013)

06/14/2013 10 Minute Entry for proceedings held before Judge Steve C Jones: Evidentiary Hearing held on 6/14/2013. Preliminary Injunction hearing held. No appearance by or on behalf of either defendant. The Court entered Plaintiff's order granting injunctive relief. (Court Reporter Lois Phillips) (jtj) (Entered: 06/14/2013)

06/13/2013 9 NOTICE of Mistake filed by Robert Fowler (aaq) (Entered: 06/14/2013)

06/11/2013 8 NOTICE Of Filing Proposed Preliminary Injunction Order by Securities And Exchange Commission re 5 Temporary Restraining Order, Set Deadlines/Hearings,,,, (Attachments: # 1 Text of Proposed Order)(Murnahan, W.) (Entered: 06/11/2013)

06/11/2013 7 AFFIDAVIT of Service for Documents filed seeking May 16, 2013 TRO and TRO Order , as to Defendant Robert Fowler and Defendant US Capital Funding II Series Trust 1, Inc.. (Attachments: # 1 Affidavit Exhibit A, # 2 Affidavit Exhibit B, # 3 Affidavit Exhibit C, # 4 Affidavit Exhibit D)(Murnahan, W.) (Entered: 06/11/2013)

06/04/2013 6 Court's NOTICE Of Filing INSTRUCTIONS FOR CASES ASSIGNED TO THE HONORABLE STEVE C. JONES (pdw) (Entered: 06/04/2013)

05/16/2013 ORDER granting the 2 Motion for Asset Freeze ruled on by Judge Steve C Jones on 05/15/13 within the 5 Temporary Restraining Order. (aaq) (Entered: 05/16/2013)

05/16/2013 5 TEMPORARY RESTRAINING ORDER: It is ordered that Defendants Show Cause, if any there be, before Judge Steve C Jones at at 11:00 AM on 06/14/13, in ATLA Courtroom 1907, or as soon thereafter as the matter can be heard, why a Preliminary Injunction pursuant to Rule 65 of the Federal Rules of Civil Procedure should not be granted, as requested by the Commission. It is further ordered that the Commission may take expedited discovery and that pending the Motion for Preliminary Injunction, the assets of Defendants here are frozen. (See order for specific instructions.) Signed by Judge Steve C Jones on 05/16/13. (aaq) (Entered: 05/16/2013)

05/16/2013 4 Minute Entry for proceedings held before Judge Steve C Jones: Evidentiary Hearing held on 5/16/2013 on Plaintiff's motion for TRO. Motion granted, order entered in open court. The 2 Motion for TRO GRANTED. (Court Reporter Lois Phillips)(aaq) (Entered: 05/16/2013)

05/16/2013 Submission of the 2 MOTION for Temporary Restraining Order, MOTION Asset Freeze and Other Equitable Relief to District Judge Steve C Jones. (aaq) (Entered: 05/16/2013)

05/16/2013 3 Summons Issued as to Robert Fowler and US Capital Funding II Series Trust 1, Inc. (aaq) (Entered: 05/16/2013)

05/16/2013 2 EMERGENCY MOTION for Temporary Restraining Order, MOTION Asset Freeze and Other Equitable Relief filed by Securities And Exchange Commission. (Attachments: # 1 Memorandum of Law in Support, # 2 Declaration of Gregory F. Smolar, # 3 Exhibit A to Declaration, # 4 Exhibit B to Declaration, # 5 Plaintiff's Certificate, # 6 Text of Proposed Order)(aaq) (Entered: 05/16/2013)

05/16/2013 1 COMPLAINT with Jury Demand filed by Securities And Exchange Commission. Consent form to proceed before U.S. Magistrate and pretrial instructions provided. (Attachments: # 1 Civil Cover Sheet)


(aaq) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 05/16/2013)

https://ecf.gand.uscourts.gov/cgi-bin/iquery.pl