DE 2060 - Non-Party Bill Bromley's Motion to Intervene and Objection to Motion to Supplement Distribution Motion

DE 2061 - Motion to Supplement Distribution Motion re Claim from Victory Income Fund LLC

DE 2062 - Order Establishing Briefing Schedule on Motion to Supplement Distribution Motion re Claim from Victory Income Fund LLC

DE 2063 - Lisa McElhone's Motion for Status Conference

DE 2064 - Clerk's Notice to Filer re [2063] MOTION for Status Conference . Filer Selected the Wrong Motion Relief(s); ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (wce)

DE 2065 - Second Amended Order Granting, in Part, Plaintiffs' Amended Omnibus Motion for Final Judgment

DE 2066 - Second Amended Final Judgment as to Defendants Lisa McElhone and Joseph LaForte

DE 2067 - PAPERLESS ORDER denying [2063] Defendant Lisa McElhone's Motion for Status Conference ("Motion"). On October 29, 2024, the United States Court of Appeals for the Eleventh Circuit handed down its Mandate, [ECF No. 2058], in Securities and Exchange Commission v. Complete Business Solutions Group, Inc., No. 23-10228, 2024 WL 4100564 (11th Cir. Sept. 6, 2024) (the "Eleventh Circuit Decision"), which considered the Court's Granting In Part Plaintiff's Amended Omnibus Motion for Final Judgment ("Amended Order"), [ECF No. 1450], and the related Amended Final Judgment as to Defendants Joseph LaForte and Lisa McElhone ("Amended Judgment"), [ECF No. 1451]. The Eleventh Circuit Decision affirmed the Court's disgorgement award but vacated and remanded the civil penalties award due to a scrivener's error in the Amended Order that suggested the Court imposed civil penalties on a joint and several basis among Defendants Joseph LaForte and Lisa McElhone. Complete Business Solutions Group, 2024 WL 4100564, at *3. As the Eleventh Circuit Decision noted, federal securities law prohibits joint and several liability for civil penalties. Id., at *2 (citing SEC v. Pentagon Cap. Mgmt., 725 F.3d 279, 287-88 (2d Cir. 2013). The Motion requests that the Court now set a status conference and establish a briefing schedule on the "remaining case issues affecting [Defendant Lisa McElhone] following the issuance of the Mandate," including, "1) the entry of a new Final Judgment imposing penalties consistent with the Opinion and recalculating Mc. [sic] McElhone's pre-judgment and post-judgment interest; 2) the determination of how sums applied in partial satisfaction of the prior (now vacated) Final Judgment will be applied to the new Final Judgment against Ms. McElhone; and 3) the determination of which Receivership Assets (if any) should be applied to the new Final Judgment against Ms. McElhone and how those assets should be applied." Mot. at 1, 2. The Court has already issued a Second Amended Order Granting In Part Plaintiff's Amended Omnibus Motion for Final Judgment, [ECF No. 2065], and a Second Amended Judgment as to Defendants Joseph LaForte and Lisa McElhone, [ECF No. 2066], removing any reference to joint and several liability for civil penalties in accordance with the Eleventh Circuit Decision. Thus, there is no need to set a status conference or to establish a briefing schedule on the entry of a new Final Judgment. To the extent that any issues remain with regard to the determination of how sums applied in partial satisfaction of the Amended Judgment will be applied to the Second Amended Judgment or the determination of which Receivership Assets (if any) should be applied to the Second Final Judgment against Ms. McElhone, the Court will reassess the need for a status conference after the Court rules on the Receiver's Motion to (1) Approve Proposed Plan of Distribution and (2) Authorize First Interim Distribution ("Distribution Motion"), [ECF No. 2014]. Accordingly, it is hereby ORDERED AND ADJUDGED that Defendant Lisa McElhone's Motion for Status Conference, [ECF No. 2063], is DENIED without prejudice and with leave to refile after the Court rules on the Distribution Motion. Signed by Judge Rodolfo A. Ruiz, II on 11/18/2024. (jgz)

DE 2068 - Receiver's 17th Application for Payment of Fees and Reimbursement of Expenses

DE 2069 - Order Granting Receiver's 17th Application for Payment of Fees and Reimbursement of Expenses

DE 2070 - Receiver's Motion to Supplement Distribution Motion

DE 2071 - Order Establishing Briefing Schedule on Receiver's Motion to Supplement Distribution Motion

DE 2072 - Receiver's Motion to Allocate, But Not Distribute, Distributions on Claims Attributable to Rodney Ermel

DE 2073 - Order Granting Receiver's Motion to Allocate, But Not Distribute, Distributions on Claims Attributable to Rodney Ermel

DE 2074 - Chehebars' Response in Opposition to Motion to Supplement Distribution Motion

DE 2075 - Bill Bromley's Opposition to Motion to Supplement Distribution Motion

DE 2076 - Receiver's Reply to Chehebars' Response in Opposition to Motion to Supplement Distribution Motion

DE 2077 - Receiver's Reply to Bill Bromley's Opposition to Motion to Supplement Distribution Motion

DE 2078 - Order Granting Receiver's Distribution Motion