The case involving the "SEC v. LG Capital" is coming to a head soon
and will be a major stepping stone for many a company to seek their
own pound of flesh from many of the TOXIC LENDERS that have
plagued the OTC for years.
I particularly like this one term: Defendants' Motion at ECF
No. 59 is DENIED in its entirety. Accordingly, the Clerk of the Court
is respectfully directed to terminate the Motion at ECF No. 59.
So Ordered by Judge William F. Kuntz, II on 11/27/2023. (SY)
62 4 pgs order Order on Motion for Pre Motion Conference Mon 11/27 2:29 PM
ORDER: On November 16, 2023, Defendants LG Capital Funding, LLC and Joseph I. Lerman and
Relief Defendants Daniel Gellman and Boruch Greenberg (collectively, "Defendants") filed a letter
requesting a pre-motion conference in anticipation of filing a motion under 28 U.S.C. § 1292(b),
seeking an order certifying the Court's Decision and Order dated November 13, 2023 at ECF No. 57
for an interlocutory appeal to the Second Circuit. See generally Def. Mot., ECF No.59 . Specifically,
Defendant makes this request on the purported grounds the Court's Decision and Order rests on a
single issue of law: whether "the SEC sufficiently alleged that the convertible notes at issue [in this
case] are, by law, 'securities.'" Def Mot. at 2. On November 17, 2023, the Court ordered Plaintiff
Securities and Exchange Commission ("SEC" or "Plaintiff") to respond to Defendants' Motion. ECF
No.60 . Plaintiff timely did so on November 24, 2023, setting forth its argument as to why the Court
should deny Defendants' request to (1) hold a pre-motion conference, (2) certify the Court's Decision
and Order for an interlocutory appeal, and (3) stay the instant proceeding. Pl. Resp., ECF No.61 .
For the reasons set forth in the attached Order, Defendants' Motion at ECF No. 59 is DENIED in its
entirety. Accordingly, the Clerk of the Court is respectfully directed to terminate the Motion at ECF
No. 59. So Ordered by Judge William F. Kuntz, II on 11/27/2023. (SY)
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