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 1857 - PAPERLESS ORDER granting [1856] Merchant Victims' Motion to Permit Consolidated Response Exceeding Page Limit. Radiant Images, Inc., Gianna Wolfe, Tourmappers North America, LLC, Julie Katz, HMC Inc., Kara DiPietro, Gex Management, Inc., Carl Dorvil, Joshua Speakman, Knava's Bounce House Rentals, LLC, Shaun Alldredge, Legend Adventures, LLC, MH Marketing Solutions Group, Inc., Michael Heller, Sunrooms America, Inc., Michael Foti, Petropangea, Inc., JR Harrison, Volunteer Pharmacy, LLC, Chad Frost, Sean Whalen, and Yngris Iris Chen may elect to file a single twenty-page consolidated response to the Receiver's Motion to Approve Proposed Treatment of Claims and for Determination of Ponzi Scheme. Signed by Judge Rodolfo A. Ruiz, II on 5/3/2024
DE 1877 - PAPERLESS ORDER granting [1874] Defendants Joseph LaForte and Lisa McElhone's Motion to Permit Consolidated Response Exceeding Page Limit. Defendants Joseph LaForte and Lisa McElhone may elect to file a single twenty-page consolidated response to the Receiver's Motion to Approve Proposed Treatment of Claims and for Determination of Ponzi Scheme. Signed by Judge Rodolfo A. Ruiz, II on 5/7/2024.
DE 1878 - MOTION for Extension of Time to File Objections by Two Weeks by CamaPlan. See DE# [1863] for Image.
DE 1879 - PAPERLESS ORDER denying [1863] Camaplan's Motion to Extend Deadline to File Objections by Two Weeks ("Motion"). On April 23, 2023, the Court entered its Scheduling Order providing that any claimants with objections to the Receiver's determination of their claim be submitted by May 7, 2024. [ECF No. 1845]. The Motion requests, on the eve of the response deadline, that this Court extend its briefing schedule by two weeks so that "Accountholders be given the opportunity to consult with independent counsel regarding any individual objections they may have to the Claims Motion." Mot. at 4. However, the Motion does not provide good cause showing why these parties could not consult with independent counsel during the time allotted as numerous other parties involved in this litigation have done. Further, the Court will not delay the claims determination process on such threadbare grounds. Accordingly, the Motion is DENIED. Signed by Judge Rodolfo A. Ruiz, II on 5/7/2024.
DE 1899 - PAPERLESS ORDER denying [1876] Motion for Referral to Voluntary Attorney Program ("Motion"). The Court does not find good cause to refer this matter to the voluntary attorney program. Signed by Judge Rodolfo A. Ruiz, II on 5/8/2024.
DE 1912 - PAPERLESS ORDER Setting Hearing on [1842] Secured Chehebar Investors' Motion to Intervene. Although the Court would ordinarily set this hearing in-person, given that the Receiver is in the midst of responding to objections to his proposed claim distribution process, the Court will hold this hearing via Zoom on May 23, 2024 at 2:30 P.M. in the interest of judicial economy. The Zoom conference can be accessed at Join ZoomGov Meeting https://www.zoomgov.com/j/1604444152?pwd=SmVKTGVNcDNCL205WiswMlFud0V0QT09. Signed by Judge Rodolfo A. Ruiz, II on 5/15/2024. (mei)
DE 1918 - PAPERLESS ORDER denying as moot [ECF Nos. 1915-1917] Motions to Seal ("Motions"). The Motions are identical and duplicative filings. Additionally, upon review of the Motions, the Court has redacted the social security number present in the Response in Opposition to the Receiver's Proposed Claim Determination, [ECF No. 1858]. Accordingly, the Motions are denied as MOOT. Signed by Judge Rodolfo A. Ruiz, II on 5/17/2024. (mei)
DE 1921 - PAPERLESS ORDER granting [1919] Unopposed Motion to Deem Response in Opposition to Receiver's Motion to Approve Proposed Treatment of Claims Timely Filed. Investors, Jack Terzi, Individually, and as Nominee of Entity of Their Heirs, Successors or Assigns, and Jack Terzi FBO Jewish Communal Fund and as Nominee of Entity of Their Heirs, Successors or Assigns' Response in Opposition to Receiver's Motion to Approve Proposed Treatment of Claims, [ECF No. 1920], is hereby deemed timely filed. Signed by Judge Rodolfo A. Ruiz, II on 5/20/2024. (mei)
DE 1924 - PAPERLESS ORDER denying [1911] Attorney Eric Lechtzin's Motion to Appear Pro Hac Vice ("Motion"). The Motion indicates that Attorney Lechtzin moves for admission pro hac vice for the purposes of "appearance as co-counsel on behalf of the plaintiffs in the putative class action captioned Melchior v. Vagnozzi, No. 20-cv-05562 (E.D. Pa) (Perez, J.)...." Mot. at 2. However, the plaintiffs in the putative class action captioned Melchior v. Vagnozzi, No. 20-cv-05562 (E.D. Pa) are not parties to this case and therefore admission would not be in compliance with the Local Rules for the Southern District of Florida. However, Attorney Lechtzin retains the ability to appear on behalf of the putative class in the Final Approval Hearing scheduled for July 16, 2024, [ECF No. 1906]. Signed by Judge Rodolfo A. Ruiz, II on 5/21/2024. (mei)
DE 1925 - PAPERLESS ORDER Setting Hearing on [1923] Dean Vagnozzi's Motion for Status Conference. The Court will hold a status conference on [1923] Dean Vagnozzi's Motion via Zoom on Thursday, May 23, 2024 at 3:15 P.M. after addressing the [1842] Secured Chehebar Investors' Motion to Intervene at 2:30 P.M. The Zoom conference can be accessed at Join ZoomGov Meeting https://www.zoomgov.com/j/1604444152?pwd=SmVKTGVNcDNCL205WiswMlFud0V0QT09. Signed by Judge Rodolfo A. Ruiz, II on 5/21/2024. (mei)
DE 1927 - PAPERLESS ORDER granting [1926] Receiver's Motion for Extension of Page Limit and for One-Day Extension of Time for Replies to Certain Responses to the Receiver's Motion (1) to Approve Proposed Treatment of Claims and (2) for Determination of Ponzi Scheme. The Receiver is (a) permitted to file a 15-page reply to the Merchant Response [ECF No. 1887]; (b) permitted to file a 15-page reply to the Defendant/Insider Responses [ECF Nos. 1855, 1860, 1890]; (c) permitted to file a 15-page reply to the Chehebars Response [ECF No. 1889]; and (d) granted a one-day extension of time, through May 22, 2024, to file his replies to the Defendants/Insiders Responses and the Chehebars Response. Signed by Judge Rodolfo A. Ruiz, II on 5/21/2024. (mei)
DE 1935 - PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Zoom Motion Hearing held on 5/23/2024 re [1842] MOTION to Intervene filed by Albert Chehebar, Josef Chehebar, Cherie Shehebar, Ezra Shehebar, Steven Chehebar, GEMJ Chehebar GRAT LLC, Ezra Chehebar, Albert Shehebar, Isaac Shehebar, Joyce Chehebar, Isaac Shehebar 2008 AIJJ Grantor REtained Annuity Trust, Michael Chehebar, Ezra Shehebar LLC, Cherie Chehebar. Attorney Appearance(s): Marshall Dore Louis, Robert George Keefe, Bruce Weil, Amie Riggle Berlin, Timothy Andrew Kolaya, Gaetan J. Alfano, Ryan K. Stumphauzer, Court Reporter: Ilona Lupowitz, 305-523-5737 / [email protected]. (gp)
DE 1936 - PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz II: Zoom Status Conference held on 5/23/2024. Attorney Appearance(s): Counsel of record, Court Reporter: Ilona Lupowitz, 305-523-5737 / [email protected]. (gp)
DE 1937 - PAPERLESS ORDER denying [1842] Chehebar Investors' Motion to Intervene ("Motion"). As discussed at the Hearing held on the Motion on May 23, 2024, [ECF No. 1935], the Court finds that the Chehebar Investors may adequately protect their interest by litigating the issue of their purported priority lien interests within the context of the Receiver's claims adjudication process as overseen and reviewed by the Court. See Chiles v. Thornburgh, 865 F.2d 1197, 1213 (11th Cir. 1989) (requiring a party to show "he is so situated that disposition of the action, as a practical matter, may impede or impair his ability to protect that interest" prior to intervening in a case). Indeed, while the Court is cognizant of the availability of summary proceedings in the disposition of this Receivership, the Court intends to hold an evidentiary hearing regarding the purported security interest at issue here--as is proper under Eleventh Circuit precedent. See Sec. & Exch. Comm'n v. Torchia, 922 F.3d 1307, 1312 (11th Cir. 2019); Sec. & Exch. Comm'n v. Wells Fargo Bank, N.A., 848 F.3d 1339, 1341 (11th Cir. 2017). Signed by Judge Rodolfo A. Ruiz, II on 5/23/2024. (mei)
DE 1940 - PAPERLESS ORDER on [1843] Motion (1) to Approve Proposed Treatment of Claims and (2) for Determination of Ponzi Scheme ("Motion"). Pursuant to S.D. Fla. CM/ECF Administrative Procedure 3(I)(6), the Receiver, as well as any party with opposition to the Motion, shall submit a proposed order on the Motion on or before June 3, 2024 via email in Word format to [email protected]. Signed by Judge Rodolfo A. Ruiz, II on 5/24/2024. (mei)
DE 1941 - PAPERLESS ORDER Setting Telephonic Status Conference for tomorrow, Wednesday, May 29, 2024 at 12:00 P.M. As discussed at the Hearing held on May 23, 2024, [ECF No. 1935], the Court intends to hold an evidentiary hearing to address the Chehebar Investors' purported security interests as raised in their Response [1889] to the Receiver's Motion (1) to Approve Proposed Treatment of Claims and (2) for Determination of Ponzi Scheme, [1843]. The Court necessitates a brief call to discuss the proposed sequencing of this evidentiary hearing with counsel for the Receiver, the SEC, and the Chehebar Investors. The parties are instructed to call +1 305-990-2559 by no later than 11:55 A.M. The phone conference ID is 223 027 792#. The Court requires that the parties appear via a landline (i.e., not a cellular phone or a speaker phone) if possible for clarity. Signed by Judge Rodolfo A. Ruiz, II on 5/28/2024. (mei)
DE 1942 - PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Telephonic Status Conference held on 5/29/2024. Attorney Appearance(s): Marshall Dore Louis, Robert George Keefe, James Miller Kaplan, Amie Riggle Berlin, Timothy Andrew Kolaya, Ryan K. Stumphauzer, Court Reporter: Ilona Lupowitz, 305-523-5737 / [email protected]. (gp)
DE 1947 - PAPERLESS ORDER granting [82] Motion to Withdraw as Counsel. Attorney William G. Wolk and Eaton & Wolk, PL is hereby discharged of all further responsibilities related to Defendant Dean Vagnozzi. The Clerk is directed to remove Attorney William G. Wolk and Eaton & Wolk, PL from the CM/ECF electronic list of counsel to be served in this action. Defendant Dean Vagnozzi shall continue to be represented by remaining counsel of record. Signed by Judge Rodolfo A. Ruiz, II on 5/30/2024. (mei)
DE 1950 - PAPERLESS ORDER setting deadline for objections regarding [1949] Motion for Order of Sale Authorizing Receiver's Sale of Real Property Located at 300 Market Street, Philadelphia, PA 19106. Parties with relevant objections shall file them on or before 12:00 P.M. EST on June 7, 2024. Signed by Judge Rodolfo A. Ruiz, II on 6/3/2024. (mei)
DE 1956 - PAPERLESS ORDER requiring expedited response. The Receiver shall file a response to SCR Joint Venture, L.P.'s Motion to Intervene, [ECF No. 1953], on or before June 20, 2024. Signed by Judge Rodolfo A. Ruiz, II on 6/6/2024. (mei)
DE 1957 - PAPERLESS ORDER requiring expedited response. The Receiver shall file a response to Albert Vagnozzi's Motion to Intervene, [ECF No. 1954], on or before June 20, 2024. Signed by Judge Rodolfo A. Ruiz, II on 6/6/2024. (mei)

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