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 1558 - PAPERLESS ORDER requiring expediting briefing. The Receiver shall file a Response to Defendants Lisa McElhone and Joseph LaForte's Motion for Reconsideration, [ECF No. 1557], on or before Friday, May 5, 2023. The SEC may file a Notice of Position by that same deadline. No replies will be permitted. Signed by Judge Rodolfo A. Ruiz, II on 4/28/2023. 
DE 1564 - TRANSCRIPT of Status Conference held on 4/17/2023 before Judge Rodolfo A. Ruiz, II, 1-44 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 5/30/2023. Redacted Transcript Deadline set for 6/7/2023. Release of Transcript Restriction set for 8/7/2023.
DE 1566 - PAPERLESS ORDER denying [1565] Motion to Modify the Preliminary Injunction ("Motion"), filed on May 16, 2023. The Motion simply regurgitates and repackages various arguments that Defendants Lisa McElhone and Joseph LaForte have advanced in numerous other motions, all of which the Court has denied. See e.g. [ECF Nos. 1329, 1531, 1557]. This Motion is essentially another motion for reconsideration by another name, and each time, the Court emphasizes that "parties cannot file motions for reconsideration that ask the Court to rethink what the Court already thought throughrightly or wrongly." Am. Univ. of Caribbean, N.V. v. Carital Healthcare, Inc., No. 08-20374, 2011 WL 13174780, at *1 (S.D. Fla. Mar. 17, 2011) (internal quotation marks omitted) (alterations accepted); see also Farrell v. Flecha, No. 13-22457, 2013 WL 12139327, at *1 (S.D. Fla. July 25, 2013) ("A motion for reconsideration cannot be used to re-litigate old matters...." (citing Arthur v. King, 500 F.3d 1335, 1343 (11th Cir. 2007)). The Court does not find good cause to reconsider its prior rulings and as such, it is hereby ORDERED AND ADJUDGED that the Motion is DENIED.  Signed by Judge Rodolfo A. Ruiz, II on 5/16/2023.
DE 1571 - PAPERLESS ORDER granting [1570] Motion to Release Sealed Trial Transcripts. The Transcripts are now unsealed and may be purchased on PACER. Signed by Judge Rodolfo A. Ruiz, II on 5/26/2023.
DE 1573 - PAPERLESS ORDER requiring expedited briefing. The Receiver shall file a Notice of Position on Defendant Joseph Cole Barleta's Motion [ECF No. 1572] on or before Friday, June 2, 2023. The SEC may also file a Notice of Position by that deadline as well. Signed by Judge Rodolfo A. Ruiz, II on 5/26/2023.
DE 1575 - PAPERLESS ORDER granting [1574] Unopposed Motion to Allow Defendant Barleta to Appear Via Zoom. Due to alleged restrictions on his ability to travel due to his indictment in the Eastern District of Pennsylvania, [ECF No. 1569], the Court will permit Defendant Joseph Cole Barleta to appear via Zoom at the June 5, 2023 Show Cause hearing. The Court will provide a Zoom link to Defendant Barleta directly. Signed by Judge Rodolfo A. Ruiz, II on 5/31/2023. (pwn)
DE 1582 - PAPERLESS ORDER denying [1580] Defendant Joseph Cole Barleta's Motion for Reconsideration ("Motion"). As the Court has told this Defendant numerous times after numerous frivolous motions for reconsideration, "parties cannot file motions for reconsideration that ask the Court to rethink what the Court already thought through rightly or wrongly." Am. Univ. of Caribbean, N.V. v. Carital Healthcare, Inc., No. 08-20374, 2011 WL 13174780, at *1 (S.D. Fla. Mar. 17, 2011) (internal quotation marks omitted) (alterations accepted); see also Farrell v. Flecha, No. 13-22457, 2013 WL 12139327, at *1 (S.D. Fla. July 25, 2013) ("A motion for reconsideration cannot be used to re-litigate old matters...." (citing Arthur v. King, 500 F.3d 1335, 1343 (11th Cir. 2007)). The Court does not find good cause to reconsider its prior ruling and as such, it is hereby ORDERED AND ADJUDGED that the Motion is DENIED. Signed by Judge Rodolfo A. Ruiz, II on 6/4/2023.
DE 1583 - PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Show Cause Hearing held on 6/5/2023. Attorney Appearance(s): 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]. (gp) (Entered: 06/05/2023)
DE 1588 - PAPERLESS ORDER requiring response. The Receiver shall file a Response including a proposed order to [1587] FirstBank Puerto Rico d/b/a FirstBank Florida's Motion to Intervene on or before June 20, 2023. Signed by Judge Rodolfo A. Ruiz, II on 6/9/2023.
DE 1590 - 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: [1492] Notice of Appeal, [1494] Notice of Appeal, Appeal No. 23-10228-AA. The entire record on appeal is available electronically. (SEE DE[1523]).
DE 1594 - PAPERLESS ORDER amending location for [1548] Status Conference. The Status Conference on June 29, 2023 at 1:00 P.M. will now take place in Courtroom 11-2, 11th Floor, at the Wilkie D. Ferguson, Jr. United States Courthouse, 400 North Miami Avenue, Miami, Florida 33128. Signed by Judge Rodolfo A. Ruiz, II on 6/13/2023.
DE 1596 - TRANSCRIPT of Show Cause Hearing held on 6/5/2023 before Judge Rodolfo A. Ruiz, II, 1-53 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 7/6/2023. Redacted Transcript Deadline set for 7/17/2023. Release of Transcript Restriction set for 9/13/2023. (ilz) (Entered: 06/15/2023)
DE 1611 - PAPERLESS ORDER granting in part [1610] Defendants Joseph LaForte and Lisa McElhone's Motion to Vacate or Stay the Court's Order Authorizing the Receiver's Sale of the Haverford Home. Although the Court notes that 1) the Haverford Home is properly within the Receivership estate and 2) issues regarding the Receiver's ownership and potential sale of the Haverford Home have been previously litigated (with Defendants having been repeatedly heard on this issue), the Court will nevertheless temporarily STAY its Order Authorizing Sale of the Haverford Home [ECF No. 1604] in an abundance of caution and permit Defendants to file their objections on or before Friday June 23, 2023, at 5:00 P.M. Should the Receiver wish, he may file a Reply on or before Monday, June 26, 2023, at 12:00 P.M. Signed by Judge Rodolfo A. Ruiz, II on 6/22/2023.
DE 1621 - PAPERLESS ORDER imposing deadline for response. Clifford Haines shall have until 5:00 P.M. today, June 27, 2023, to file a response to the Receiver's Expedited Motion to Quash the Subpoena, [ECF No. 1620]. Signed by Judge Rodolfo A. Ruiz, II on 6/27/2023.
DE 1625 - PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Status Conference held on 6/29/2023. Attorney Appearance(s): Andre G. Raikhelson, James Miller Kaplan, Seth David Haimovitch, Alise Meredith Johnson, Timothy Andrew Kolaya, Gaetan J. Alfano, Ryan K. Stumphauzer, Court Reporter: Ilona Lupowitz, 305-523-5737 / [email protected].
DE 1626 - PAPERLESS ORDER SETTING STATUS CONFERENCE for Tuesday, September 5, 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 11-2, 11th Floor, at the Wilkie D. Ferguson, Jr. United States Courthouse, 400 North Miami Avenue, Miami, Florida 33128. Signed by Judge Rodolfo A. Ruiz, II on 6/29/2023.
DE 1627 - PAPERLESS ORDER setting deadline for objections to [ECF No. 1624] Receiver's Motion for Order Authorizing Receiver's Sale of Real Property Located at 105 Rebecca Court, Paupack, PA 18451 ("Motion"). Should Defendants wish to file an objection to the Motion, they must do so on or before 10:00 A.M. on July 5, 2023. Signed by Judge Rodolfo A. Ruiz, II on 6/29/2023.
DE 1639 - PAPERLESS ORDER setting deadline for objections. Parties with relevant objections shall file them on or before 12:00 P.M. EST on July 17, 2023. Signed by Judge Rodolfo A. Ruiz, II on 7/10/2023.
DE 1641 - Clerks Notice of Receipt of Appeal Filing Fee re: ECF No. [1640] Joint Notice of Appeal received on 7/14/2023 in the amount of $ 505.00, receipt number AFLSDC-16765497 (jc)
DE 1642 - TRANSCRIPT of Status Conference held on 6/29/2023 before Judge Rodolfo A. Ruiz, II, 1-72 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 8/4/2023. Redacted Transcript Deadline set for 8/14/2023. Release of Transcript Restriction set for 10/12/2023. (ilz)
DE 1646 - PAPERLESS ORDER setting deadline for objections. Parties with relevant objections to [ECF No. 1644] shall file them on or before 12:00 P.M. EST on July 24, 2023. Signed by Judge Rodolfo A. Ruiz, II on 7/17/2023. (pwn)
DE 1648 - PAPERLESS ORDER setting deadline for objections. Parties with relevant objections to [ECF No. 1647] shall file them on or before 12:00 P.M. EST on July 26, 2023. Signed by Judge Rodolfo A. Ruiz, II on 7/19/2023. (pwn)

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