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 1458 - PAPERLESS ORDER granting [1457] Defendant Joseph Cole Barleta's Unopposed Motion for Leave to Exceed Page Limitation. Defendant is permitted to exceed the page limit by four (4) pages. Signed by Judge Rodolfo A. Ruiz, II on 12/6/2022.
DE 1465 - PAPERLESS ORDER on Receiver, Ryan K. Stumphauzer's Motion for Extension of Time to File, and for Leave to Exceed Page Limitation on, Motion to Establish and Approve: (1) Proof of Claim Form; (2) Claims Bar Date and Notice Procedures; and (3) Procedure to Administer and Determine Claims (Motion). It is hereby
DE 1470 - PAPERLESS ORDER on [1469] Motion for Relief from Litigation Stay. The Receiver is instructed to file a response stating his position on this matter on or before January 4, 2023. Signed by Judge Rodolfo A. Ruiz, II on 12/23/2022.
DE 1474 - PAPERLESS ORDER granting [1473] Plaintiff Securities and Exchange Commission's Agreed Motion for Extension of Time to File a Response to Defendant Joseph Cole Barleta's Motion for Stay Pending Appeal. Plaintiff shall file its response on or before January 9, 2023. Signed by Judge Rodolfo A. Ruiz, II on 12/28/2022.
DE 1476 - PAPERLESS ORDER granting [1475] Joseph LaForte and Lisa McElhone's Motion for an Extension of Time to File a Reply to the SEC's "Notice of Filing Position." Defendants shall file their Reply on or before January 9, 2023. Signed by Judge Rodolfo A. Ruiz, II on 12/31/2022.
DE 1487 - PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Zoom Status Conference held on 1/11/2023. Attorney Appearance(s): David Lawrence Ferguson, Andre G. Raikhelson, James Miller Kaplan, Alan S. Futerfas, Noah Elliot Snyder, Amie Riggle Berlin, Timothy Andrew Kolaya, Gaetan J. Alfano, Court Reporter: Ilona Lupowitz, 954-769-5568 / [email protected]. (gp)
DE 1488 - PAPERLESS ORDER granting Defendant Lisa McElhone's ore tenus motion to stay Order Granting Receiver's Motion to Authorize the Sale of Real Property Within the Receivership Estate and Compel Lisa McElhone and Joseph LaForte to Vacate Haverford Home or Pay Obligations [ECF No. 1486] ("Haverford Home Order") made during the January 11, 2023 Status Conference [ECF No. 1487]. Defendant Lisa McElhone shall file an Opposition to the Receiver's Motion [ECF No. 1484] on or before January 20, 2023. The Receiver shall file a Reply on or before January 27, 2023. The SEC may file a Notice of Position on or before January 27, 2023. It is hereby ORDERED AND ADJUDGED that [1486] the Haverford Home Order is STAYED until further notice. Signed by Judge Rodolfo A. Ruiz, II on 1/11/2023. (pwn)
DE 1489 - PAPERLESS ORDER setting Status Conference via Zoom on Tuesday, February 28, 2023 at 2:00 P.M. during which the Court will request the Parties to provide an update regarding the progress of the claims administration process. The Court will publish the Zoom link at least 24 hours before the scheduled conference. Signed by Judge Rodolfo A. Ruiz, II on 1/11/2023. (pwn)
1495 - PAPERLESS ORDER granting [1493] Defendants' Motion for an Enlargement of Time to File Their Opposition to the Receiver's Motion [ECF No. 1484]. Defendants shall file their Opposition on or before January 23, 2023. Signed by Judge Rodolfo A. Ruiz, II on 1/20/2023.
DE 1498 - PAPERLESS ORDER on [1496] Receiver's Status Report Regarding Eckert Seamans and/or John Pauciulo ("Status Report"). The Court having reviewed the Status Report, the record, and being otherwise fully advised, it is hereby ORDERED AND ADJUDGED that the litigation stay shall remain in place for any action or claims between any Receivership Entity and Eckert Seamans and/or John W. Pauciulo so that the Receiver may continue settlement negotiations with these parties without the necessity of pursuing expensive and time-consuming litigation. Moreover, by March 24, 2023, the Receiver shall either (a) file a Status Report indicating that he has resolved the Receivership Entities' claims against Eckert Seamans and/or John Pauciulo, or advising the Court on the Status of these negotiations; or (b) file a Motion to Lift the Litigation Stay to pursue claims against Eckert Seamans Cherin & Mellott, LLC and/or John W. Pauciulo. Signed by Judge Rodolfo A. Ruiz, II on 1/23/2023.
DE 1505 - TRANSCRIPT of Status Conference - Via Videoconference held on 1/11/2023 before Judge Rodolfo A. Ruiz, II, 1-69 pages, Court Reporter: Ilona Lupowitz, 305-523-5737 / [email protected]. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/23/2023. Redacted Transcript Deadline set for 3/6/2023. Release of Transcript Restriction set for 5/3/2023. (ilz)
DE 1515 - PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Zoom Status Conference held on 2/28/2023. Attorney Appearance(s): David Lawrence Ferguson, Andre G. Raikhelson, James Miller Kaplan, Alan S. Futerfas, Amie Riggle Berlin, Timothy Andrew Kolaya, Gaetan J. Alfano, Court Reporter: Ilona Lupowitz, 305-523-5737 / [email protected]. (gp)
DE 1518 - PAPERLESS ORDER denying [1516] Joseph LaForte and Lisa McElhone's Motion for a Two-Week Enlargement of Time to Comply with the Court's Haverford Home Orders. The Court does not find good cause to grant Defendants an extension and instructs Defendants to comply with the Court's Orders in a timely manner. Signed by Judge Rodolfo A. Ruiz, II on 3/3/2023. (zse)
DE 1520 - ORDER SETTING STATUS CONFERENCE for Monday, April 10, 2023, at 10:00 A.M. during which the Court will request that Receiver's Counsel provide an update regarding the progress of the claims administration process, as well as an update regarding collection efforts on behalf of the investors. In light of the Notice filed by the Securities and Exchange Commission [ECF No. 1519] informing this Court of the criminal complaint styled U.S. v. James LaForte, Case No. 2:23-mj-00464, in the Eastern District of Pennsylvania, future status conferences in this matter will be conducted in-person in the Southern District of Florida to ensure the safety of all counsel in this matter. Accordingly, the status conference set for April 10, 2023 at 10:00 A.M. will take place in Courtroom 4, 10th Floor, at the James Lawrence King Federal Justice Building, 99 N.E. 4th St., Miami, Florida. Signed by Judge Rodolfo A. Ruiz, II on 4/10/2023. (pwn)
DE 1521 - Pursuant to 11th Cir. R. 11-2 and 11th Cir. R. 11-3, the Clerk of the District Court for the Southern District of Florida certifies that the record is complete for purposes of this appeal re[1439]Notice of Appeal, Appeal No. 22-13811-CC. The record on appeal is available electronically with the exception of: DE[1121] - USB drive, consisting of Sealed Exhibits P-113, P-124, P-126 and P-143, P-326, P-327 which are being forwarded via ground mail to the 11th Circuit Court of Appeals. (jes)
DE 1522 - TRANSCRIPT of Status Conference - Via Videoconference held on 2/28/2023 before Judge Rodolfo A. Ruiz, II, 1-30 pages, Court Reporter: Ilona Lupowitz, 305-523-5737 / [email protected]. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/28/2023. Redacted Transcript Deadline set for 4/7/2023. Release of Transcript Restriction set for 6/5/2023. (ilz)
DE 1526 - Acknowledgment of Receipt of ROA from USCA re[1439]Notice of Appeal, filed by Joseph Cole Barleta. Date received by USCA: 03/10/2023. Record on Appeal filed. Exhibit 1 Envelope - DE[1121] - USB drive, containing Sealed Exhibits P-113, P-124, P-126 and P-143, P-326, P-327 USCA Case Number: 22-13811-CC.
1528 - PAPERLESS ORDER on [1527] Expedited Motion for Lift of Litigation Stay and Other Relief by Non-Party Movants ("Motion"). The Receiver shall file a Response to this Motion on or before Wednesday, March 15, 2023 by 12:00 P.M. EST. The SEC may also file a Notice of Position by this same deadline. Signed by Judge Rodolfo A. Ruiz, II on 3/12/2023. (pwn)
DE 1533 - PAPERLESS ORDER granting [1532] Motion to Continue Status Conference. The Status Conference [ECF No. 1520] previously scheduled for April 10, 2023, will now be held in-person on April 17, 2023 at 10:00 A.M. Signed by Judge Rodolfo A. Ruiz, II on 3/24/2023. (pwn)
DE 1535 - PAPERLESS ORDER requiring the SEC to respond to Defendants Lisa McElhone and Joseph LaForte's Motion for Entry of an Order Directing that Cash Belonging to Entities Ms. McElhone Owns or Controls Be Credited Towards the Judgment, [ECF No. 1531] ("Motion"). The SEC shall file a Response to the Motion on or before March 28, 2023 indicating whether it opposes the requested relief. The Receiver may also file a notice of position by that deadline if necessary. Signed by Judge Rodolfo A. Ruiz, II on 3/24/2023. (zse)
DE 1540 - PAPERLESS ORDER denying [1531] Defendants Lisa McElhone and Joseph LaForte's Motion for Entry of an Order Directing that Cash Belonging to Entities Ms. McElhone Owns or Controls Be Credited Towards the Judgment ("Defendants' Motion"). Contrary to Defendants' characterizations, the entities Ms. McElhone purports to "own or control" are Receivership entities actually under the control of the Receiver pursuant to this Court's Orders. See SEC Mot. to Strike [ECF No. 1537] at 12. Moreover, the Receiver has the sole authority to manage the Receivership assets, and the Defendants are enjoined from directly or indirectly taking any action or causing any action to be taken, without the express written agreement of the Receiver. See [ECF No. 141] 29. Defendants did not confer with the Receiver before filing their Motion and the Receiver opposes Defendants' Motion. See [ECF No. 1538]. Defendants shall cease attempts to "hinder, obstruct, or otherwise interfere with the Receiver in the performance of his duties." See [ECF No. 141] 29. Further, Defendants are cautioned that the Court will not hesitate to impose reasonable and appropriate sanctions on Defendants for violations of Court orders or pressing frivolous arguments. See In re Walker, 532 F.3d 1304, 1309 (11th Cir. 2008). Accordingly, it is hereby ORDERED AND ADJUDGED that Defendants' Motion [ECF No. 1531] is DENIED. The SEC's Motion to Strike [ECF No. 1537] is DENIED AS MOOT. Signed by Judge Rodolfo A. Ruiz, II on 3/29/2023.
DE 1547 - PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Status Conference held on 4/17/2023. Attorney Appearance(s): David Lawrence Ferguson, Andre G. Raikhelson, James Miller Kaplan, Alise Meredith Johnson, Timothy Andrew Kolaya, Gaetan J. Alfano, Ryan K. Stumphauzer, Court Reporter: Ilona Lupowitz, 305-523-5737 / [email protected]
DE 1548 - ORDER SETTING STATUS CONFERENCE for Thursday, June 29, 2023, at 1:00 P.M. during which the Court will request that Receiver's Counsel provide an update regarding the progress of the claims administration process, as well as an update regarding collection efforts on behalf of the investors. The Status Conference will take place in-person in Courtroom 4, 10th Floor, at the James Lawrence King Federal Justice Building, 99 N.E. 4th St., Miami, Florida. Signed by Judge Rodolfo A. Ruiz, II on 6/29/2023.

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