Par Funding Receivership Website

Securities and Exchange Commission v. Complete Business Solutions Group, Inc., et al.

Case No. 20-cv-81205-RAR

United States District Court for the Southern District of Florida

Key Court Documents

Below are links within this website to certain filings and court orders in the SEC’s lawsuit against the Defendants that may be of interest to visitors of this website. All filings, court orders, including other filings from the Receiver, the parties to the lawsuit, and other persons, are also available on the Document Filing System of the United States District Court for the Southern District of Florida, which is available at: https://ecf.flsd.uscourts.gov/

DE 1154 - PAPERLESS ORDER requesting that Receiver respond to [1152] Motion to Lift Litigation Stay; Incorporated Memorandum of Law on or before March 1, 2022. Signed by Judge Rodolfo A. Ruiz, II on 2/15/2022. (ob)
DE 1157 - PAPERLESS ORDER granting [1155] Defendant, Michael C. Furman's, Unopposed Motion for Extension of Time to File Reply. Defendant must reply on or before March 3, 2022. Signed by Judge Rodolfo A. Ruiz, II on 2/16/2022. (ob)
DE 1162 - PAPERLESS ORDER granting [1161] Plaintiff's Unopposed Motion for a Four-Day Extension of Time to File a Consent Judgment with Respect to Defendant Perry S. Abbonizio. The Securities and Exchange Commission shall have until February 25, 2022 to File a Consent Judgment with Respect to Defendant Perry Abbonizio. Signed by Judge Rodolfo A. Ruiz, II on 2/18/2022. (ob)
DE 1170 - PAPERLESS ORDER requiring a response by Defendant Joseph LaForte per [1158] Defendant Joseph LaForte's Notice of Intent to Respond to the Receiver's Sixth Application for Allowance and Payment of Professionals' Fees and Reimbursement of Expenses no later than tomorrow, March 1, 2022 at 5:00 P.M. Signed by Judge Rodolfo A. Ruiz, II on 2/28/2022. (jb)
DE 1178 - PAPERLESS ORDER granting [1177] Defendant, Michael C. Furman's, Second Unopposed Motion for Extension of Time to File Reply. Defendant's reply is due on or before March 11, 2022. Signed by Judge Rodolfo A. Ruiz, II on 3/3/2022. (ob)
DE 1189 - PAPERLESS ORDER requiring an expedited response from Defendant Joseph Cole Barleta on or before March 25, 2022. The Receiver need not provide a reply unless requested by the Court. Signed by Judge Rodolfo A. Ruiz, II on 3/19/2022. (ob)
DE 1194 - PAPERLESS ORDER granting [1193] Daniel Scaramellino, One Nine Country Drive, LLC, and Michelle Scaramellino's Unopposed Joint Motion for Extension of Time to File Response in Opposition to Receiver's Expedited Motion to Expand Receivership. The Responding Parties shall respond on or before April 1, 2022. Signed by Judge Rodolfo A. Ruiz, II on 3/25/2022. (ob)
DE 1196 - PAPERLESS ORDER requesting that Receiver file a Reply to [1195] Defendant Joseph Cole Barleta's Opposition to the Receiver's Motion to Compel on or before April 1, 2022. Furthermore, the Court will hold a hearing on [1188] Receiver, Ryan K. Stumphauzer's Motion to Compel Defendant Joseph Cole Barleta to Comply with Court Orders via Zoom on April 4, 2022 at 2:00 P.M. Signed by Judge Rodolfo A. Ruiz, II on 3/28/2022. (ob)
DE 1198 - PAPERLESS ORDER granting [1197] Defendant Joseph Cole Barleta's Motion to Adjourn Hearing to April 19th or a Later Date. The hearing on [1188] Receiver, Ryan K. Stumphauzer's Motion to Compel Defendant Joseph Cole Barleta to Comply with Court Orders is rescheduled for April 22, 2022 at 10:00 A.M. via Zoom. Signed by Judge Rodolfo A. Ruiz, II on 3/29/2022. (ob)
DE 1205 - PAPERLESS ORDER granting [1204] Daniel Scaramellino, One Nine Country Drive, LLC, and Michelle Scaramellino's Unopposed Joint Motion for Extension of Time to File Response in Opposition to Receiver's Expedited Motion to Expand Receivership. The Responding Parties shall respond on or before April 8, 2022. Signed by Judge Rodolfo A. Ruiz, II on 4/1/2022. (ob)
DE 1210 - PAPERLESS ORDER rescheduling [1198] hearing on [1188] Receiver, Ryan K. Stumphauzer's Motion to Compel Defendant Joseph Cole Barleta to Comply with Court Orders. The hearing is rescheduled for April 21, 2022 at 10:30 A.M. via Zoom. Signed by Judge Rodolfo A. Ruiz, II on 4/11/2022. (ob)
DE 1212 - PAPERLESS ORDER granting [1211] Plaintiff's Unopposed Motion for Page Enlargement and for Three-Day Extension of Time to File Motion for Final Judgments. Plaintiffs Motion is due on or before April 15, 2022. Signed by Judge Rodolfo A. Ruiz, II on 4/12/2022. (ob)
DE 1217 - PAPERLESS ORDER granting [1216] Defendant's Motion to Allow Counsel Bettina Schein to Appear without Local Counsel. Signed by Judge Rodolfo A. Ruiz, II on 4/21/2022. (ob)
DE 1218 - PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Zoom Motion Hearing held on 4/21/2022 re [1188] MOTION to Compel Defendant Joseph Cole Barleta to Comply with Court Orders filed by Ryan K Stumphauzer. Attorney Appearance(s): Bettina Schein, James Miller Kaplan, Amie Riggle Berlin, Timothy Andrew Kolaya, Gaetan J. Alfano, Ryan K Stumphauzer, Court Reporter: Glenda Powers, 305-523-5022 / [email protected]. (gp)
DE 1221 - PAPERLESS ORDER granting [1220] Defendants' Unopposed Motion for Extension of Time to File Response to Plaintiff's Omnibus Motion for Final Judgment. Defendants' Response is due on or before July 1, 2022. No further extensions will be granted. Signed by Judge Rodolfo A. Ruiz, II on 4/26/2022. (ob)
DE 1227 - PAPERLESS ORDER setting a hearing on [1224] Defendants LaForte, McElhone, and Cole's Motion to Strike Ponzi Allegations from Plaintiff's Omnibus Motion for Final Judgments ("Motion") on May 19, 2022 at 3:00 P.M. via Zoom. As such, the Court requires an expedited briefing schedule on the Motion. Plaintiff must file a response on or before Friday, May 13, 2022. Defendants must file any reply on or before May 18, 2022. Instructions to access the Zoom hearing will be provided on the docket in advance of the hearing. Signed by Judge Rodolfo A. Ruiz, II on 5/9/2022. (ob)
DE 1229 - PAPERLESS ORDER granting [1228] Daniel Scaramellino, One Nine Country Drive, LLC, and Michelle Scaramellino's Unopposed Joint Motion for Extension of Time to File Response in Opposition to [1180] Receiver's Expedited Motion to Expand Receivership. The Responding Parties must file a response on or before May 16, 2022. Signed by Judge Rodolfo A. Ruiz, II on 5/9/2022. (ob)
DE 1231 - PAPERLESS ORDER granting [1230] Defendant, Michael C. Furman's, Unopposed Motion for Extension of Time to File Response to Plaintiff's Omnibus Motion for Final Judgment. Defendant Furman's Response is due on or before July 1, 2022. No further extensions will be granted. Signed by Judge Rodolfo A. Ruiz, II on 5/10/2022. (ob)
DE 1233 - The Zoom hearing scheduled for May 19, 2022 at 3:00 P.M. can be accessed at: click here.

Meeting ID: 160 482 1786 - Passcode: 023197

Signed by Judge Rodolfo A. Ruiz, II on 5/11/2022. (ob)

DE 1234 - Order on [1232] Notice. The Court is in receipt of the Notice filed by Michael C. Furman indicating that Furman intends to join in [1224] Joseph W. LaForte, Lisa McElhone, and Joseph Cole Barleta's Motion to Strike, presently set for oral argument on May 19, 2022. In the Notice, Furman indicates that he wishes to "supplement the record." Although the Notice is not a Motion seeking leave to supplement the record, the Court treats the Notice as a request to do so and that request is DENIED. Should defense counsel wish to add any additional argument, he may do so on the record during oral argument set for May 19, 2022 at 3:00 P.M. Signed by Judge Rodolfo A. Ruiz, II on 5/11/2022. (obt)
DE 1242 - PAPERLESS ORDER granting [1241] Unopposed Motion to Withdraw as Counsel for Defendant Joseph LaForte. Fridman Fels & Soto, PLLC, Alejandro Soto, and Daniel Fridman are hereby withdrawn as counsel and relieved of any further responsibility as counsel for Defendant Joseph LaForte. Signed by Judge Rodolfo A. Ruiz, II on 5/13/2022. (ob)
DE 1244 – PAPERLESS ORDER granting [1243] Daniel Scaramellino, One Nine Country Drive, LLC, and Michelle Scaramellino's Unopposed Joint Motion for Extension of Time to File Response in Opposition to Receiver's Expedited Motion to Expand Receivership. The Responding Parties' response is due or on before May 31, 2022. Signed by Judge Rodolfo A. Ruiz, II on 5/16/2022.
DE 1249 - PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Evidentiary Motion Hearing held on 5/19/2022 re [1224] Defendant's MOTION to Strike [1214] MOTION for Judgment For Final Judgments Against Defendants McElhone, LaForte, Cole, and Furman Defendants LaForte, McElhone, and Cole's Motion to Strike Ponzi Allegations from Plaintiff's Omnibus Motion for Final Judgments, or in the Alternative, Motion to Withdraw/Be Relieved from their Consents, Vacate the Judgments of Permanent Injunction and Other Relief, and to Return the Case to the Active Docket filed by Joseph Cole Barleta, Lisa Mcelhone, Joseph W. LaForte, [1226] MOTION to Designate Their Motion to Strike and Alternative Motion to be Relieved from Consents and Judgements as an Expedited Motion, and Request for an Expedited Ruling re [1224] Defendant's MOTION to Strike [1214] MOTION for Judgment filed by Lisa Mcelhone. Argument heard. Order to follow. Attorney Appearance(s): David Lawrence Ferguson, Bettina Schein, Zachary Paul Hyman, Joshua Robert Levine, Alan S. Futerfas, Noah Elliot Snyder, Amie Riggle Berlin, Gaetan J. Alfano, Court Reporter: Ilona Lupowitz, 305-523-5634 / [email protected].
DE 1251 – PAPERLESS ORDER denying [1224] Defendants LaForte, McElhone, and Cole's Motion to Strike Ponzi Allegations from Plaintiff's Omnibus Motion for Final Judgment ("Motion") and [1226] Defendants LaForte, McElhone, and Cole's Motion to Designate their Motion to Strike as an Expedited Motion as MOOT. As discussed at the hearing held on the Motion on May 19, 2022 [ECF No. 1249] the SEC will file a revised motion for final judgment removing the term "ponzi scheme" on or before May 20, 2022. Signed by Judge Rodolfo A. Ruiz, II on 5/19/2022.

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