07/13/2010 86 Letter dtd. 7/2/10 from atty G. Graifman to Judge Irizarry, informing "his firm supports SEC's motion to appt. a receiver over Spongetech, provided it's temporary, and that they also support the motion to freeze the assets of RM Enterprises, Moskowitz, and Metter." (Layne, Monique) (Entered: 07/13/2010)
On May 5, 2010, the same day that the SEC filed its Complaint in this action (“Complaint”), Mr. Metter was named as a defendant in a criminal complaint filed in this Court by the United States Attorney’s Office for the Eastern District of New York. See United States v. Michael Metter and Steven Moskowitz, Case No. M10-507 (the “Criminal Case”). The Criminal Case raises factual issues that substantially overlap with the SEC’s claims in this action.
Accordingly, Mr. Metter respectfully requests that the Court stay this action against him pending the final disposition of the Criminal Case. In addition, Mr. Metter retains and preserves his privilege against self-incrimination under the Fifth Amendment to the United States Constitution. Neither this Answer nor anything contained herein shall be construed to waive or forfeit such rights and privileges.
Pacer update 14 Jul 10 SEC v Spongetech CIVIL DOCKET FOR CASE #: 1:10-cv-02031-DLI -JMA
Date Filed # Docket Text
07/14/2010 ORDER striking 89 Motion to Seal Document -- This document that purports to be a motion to seal a document is no more than the cover form for a sealing envelope. This is not the proper procedure for filing such a request. SO ORDERED by Judge Dora Lizette Irizarry on 7/14/2010. (Irizarry, Dora) (Entered: 07/14/2010)
07/14/2010 89 MOTION to Seal Document by Spongetech Delivery Systems, Inc.. (Bessette, Paul) (Entered: 07/14/2010)
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