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 477 - PAPERLESS ORDER regarding [476] Non-Party Wilmington Savings Fund Society, FSB, Not In Its Individual Capacity But Solely As Trustee For Invictus Residential Pooler Trust 3A's ("Movant") Motion to Intervene and for Relief from the Amended Order Appointing Receiver ("Motion"). The Movant shall meet and confer with the Receiver and Plaintiff and shall file a notice with the Court indicating whether the Receiver and/or Plaintiff object to the relief sought in the Motion and if so, the reasons for the objection. Signed by Judge Rodolfo A. Ruiz, II on 1/22/2021.
DE 483 - PAPERLESS ORDER denying as moot [459] Motion to Compel Receiver's Production of Documents Responsive to Defendant Lisa McElhone's Requests for Production of Documents by Defendants Joseph W. LaForte, Dean J. Vagnozzi, and by Perry S Abbonizio. Signed by Magistrate Judge Bruce E. Reinhart on 2/2/2021.
DE 495 - PAPERLESS Order setting Discovery Hearing at the request of the parties for for 3/1/2021 at 03:00 PM before Magistrate Judge Bruce E. Reinhart.Counsel, parties, or members of the public can attend by using the following instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Counsel should dial in from a landline if possible; cellphone attendees, after noting appearance, and members of the public must remain on mute. Signed by Magistrate Judge Bruce E. Reinhart on 2/24/2021.
DE 496 - PAPERLESS ORDER setting evidentiary hearing on [423] Receiver Ryan K. Stumphauzer's Motion for an Order Requiring Lisa McElhone and Joseph Cole Barleta to Show Cause Why They Should Not Be Held in Contempt. The evidentiary hearing is set for March 11, 2021 at 2:00 P.M. EST and will take place via Zoom. The Court will enter an order in advance of the hearing providing the Zoom information. Signed by Judge Rodolfo A. Ruiz, II on 2/26/2021.
DE 499 - PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Discovery Hearing held on 3/1/2021. Total time in court: 1 hour(s) : 5 minutes. For the reasons stated on the record, the Court is going to have a continued hearing on the two issues outlined by the parties in their Joint Discovery Memorandum at [497]. By Wednesday, March 3rd 2021, at 5:00 p.m.,the parties will notify the Court regarding a proposed date for the continued hearing as well as an estimation of how much time the parties will need for the hearing.
DE 502 - PAPERLESS ORDER granting [500] Motion for Relief or, Alternatively, to Allow Counsel Bettina Schein to Appear Without Local Counsel. Counsel Bettina Schein may appear at the March 11, 2021 2:00 P.M. hearing on behalf of Joseph Cole Barleta without local counsel. Signed by Judge Rodolfo A. Ruiz, II on 3/3/2021.
DE 503 - PAPERLESS Order setting Discovery Hearing (continued from 3/1/21) for Monday, March 15, 2021 at 10:00 AM before Magistrate Judge Bruce E. Reinhart and will take place via Zoom. The Court will enter an order in advance of the hearing providing the Zoom information. Signed by Magistrate Judge Bruce E. Reinhart on 3/4/2021.
DE 504 - PAPERLESS ORDER regarding continued discovery hearing scheduled for Monday, March 15, 2021 at 10:00 A.M. before Magistrate Judge Bruce E. Reinhart. The Zoom hearing can be accessed at https://www.zoomgov.com/j/1602002256?pwd=VUtOSG5hb0JUaHlydFRRNEFWaktKZz09. The Meeting ID is 160 200 2256 and the Passcode is 373652. Signed by Magistrate Judge Bruce E. Reinhart on 3/4/2021.
DE 505 - PAPERLESS ORDER regarding evidentiary hearing set for March 11, 2021 at 2:00 P.M. EST. The Zoom hearing can be accessed at https://www.zoomgov.com/j/1602183829?pwd=UGJQMjhOWmlmU0RmSlBoVUtkNlJMUT09. The Meeting ID is 160 218 3829 and the Passcode is 003564. Signed by Judge Rodolfo A. Ruiz, II on 3/5/2021.
DE 526 - PAPERLESS Order setting a Telephonic Discovery Hearing at the request of the parties for 4/13/2021 at 11:30 AM before Magistrate Judge Bruce E. Reinhart. Counsel, parties, or members of the public can attend by using the following instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Counsel should dial in from a landline if possible; cellphone attendees, after noting appearance, and members of the public must remain on mute. Signed by Magistrate Judge Bruce E. Reinhart on 4/9/2021.
DE 531 - PAPERLESS ORDER REQUIRING Melanie Emmons Damian AND Allison Jade Leonard TO FILE A RESPONSE TO [525] SEC's Motion to Strike [523] Notice of Attorney Appearance and [524] Notice of Attorney Appearance by 4/20/21. Signed by Magistrate Judge Bruce E. Reinhart on 4/13/2021.
DE 533 - PAPERLESS ORDER MEMORIALIZING DISCOVERY RULING from Discovery hearing on 4/13/21: For the reasons set forth on the record, Defendants Perry Abbonizio, Joseph Cole Barleta, Lisa McElhone, Dean Vagnozzi, and Joseph Laforte's request to modify the deposition schedule is DENIED. I do not find that the Defendants have, pursuant to Rule 26(c), shown that there is good cause to protect a party from annoyance, embarrassment, oppression, or undue burden or expense. Additionally, given the discovery schedule set by Judge Ruiz, I find that delaying the depositions would not be in the best interest of the speedy, expeditious, and just disposition of this case. Therefore, the depositions are to proceed as currently set unless the SEC and individual defendants mutually agree to reschedule them. This ruling is without prejudice to any individual defendant renewing his or her respective request to reschedule the deposition in the event of a scheduling conflict, but only if the parties have conferred and are unable to reach a new mutually agreeable date. Signed by Magistrate Judge Bruce E. Reinhart on 4/13/2021.
DE 554 - PAPERLESS ORDER Setting Telephonic Status Conference regarding [544] SEC's Motion for Leave to File Transcripts of Depositions without restrictions set forth in Protective Order. The Status Conference is set for 4/23/2021 at 01:00 PM before Magistrate Judge Bruce E. Reinhart. Counsel, parties, or members of the public can attend by using the following instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Counsel should dial in from a landline if possible; cellphone attendees, after noting appearance, and members of the public must remain on mute. Signed by Magistrate Judge Bruce E. Reinhart on 4/21/2021.
DE 555 - PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Status Conference held on 4/23/2021. Total time in court: 0 hour(s) : 20 minutes. (Digital BER_1_4.23.21). A Discovery Hearing regarding [544] transcript confidentiality designations is hereby set for Friday, April 30, 2021 at 09:00 AM via Zoom before Magistrate Judge Bruce E. Reinhart. Deponents are ordered to notify the SEC about portions of the deposition they seek to designate as confidential by Wednesday, April 28, 2021 at 5:00 pm. In advance of the hearing, both parties are ordered to submit briefing on the confidentiality waiver issue by Wednesday, April 28, 2021 at 5:00 pm. The Court will enter a separate paperless order with the link to access the Zoom hearing.
DE 559 - PAPERLESS ORDER setting status conference via Zoom on May 20, 2021 at 2:00 P.M. for the Receiver to provide the Court with an update as to the Receiver's ongoing operations and collection efforts. The Zoom conference can be accessed at https://www.zoomgov.com/j/1602338024?pwd=OGFzREZQa0FpWE1NU1RVa0JOc05pZz09. The Meeting ID is 160 233 8024 and the Passcode is 543483. Signed by Judge Rodolfo A. Ruiz, II on 4/28/2021.
DE 562 - PAPERLESS ORDER regarding discovery hearing set for Friday, April 30, 2021 at 9:00am. The Zoom hearing can be accessed at https://www.zoomgov.com/j/1604307496?pwd=RFA0a3NPNGVvNTVnU29GY0pYaFV2UT09. The Meeting ID is 160 430 7496 and the Passcode is 052059. Signed by Magistrate Judge Bruce E. Reinhart on 4/28/2021.
DE 569 - PAPERLESS ORDER. In light of the Notice of Resolution of Confidentiality Designation Challenges at [568], the SEC's Motion for Leave to File Transcripts of Depositions without restrictions set forth in Protective Order [544] is denied as moot. The discovery hearing set for 4/30/21 at 9:00am is hereby CANCELED. Signed by Magistrate Judge Bruce E. Reinhart on 4/30/2021.
DE 580 - PAPERLESS ORDER denying [572] Defendant Joseph W. LaForte's Motion to File Materials Under Seal in Support of his response to the Receiver's Motion to Lift Litigation Stay to Allow Commencement of Proceedings Against D19 Liquor Inc., Fawzi Simon and Related Entities. Because the Court has already granted the Receiver's Motion to Lift Litigation Stay to Allow Commencement of Proceedings Against D19 Liquor Inc., Fawzi Simon and Related Entities, see ECF No. 558, and Mr. LaForte is not seeking to set aside or modify the ruling in that Order, see ECF No. 573 at 1, the Court does not see a reason to consider the records that Mr. LaForte is now seeking to file under seal. Signed by Judge Rodolfo A. Ruiz, II on 5/5/2021.
DE 590 - PAPERLESS ORDER regarding [589] Receiver, Ryan K. Stumphauzer's Third Application for Allowance and Payment of Professionals' Fees and Reimbursement of Expenses for January 1, 2021 - March 31, 2021 ("Application"). To the extent any parties intend to file objections to the Application, they shall notify the Court of their intent to do so by Friday, May 21, 2021. Signed by Judge Rodolfo A. Ruiz, II on 5/19/2021.
DE 593 - PAPERLESS ORDER SETTING DEADLINE FOR OBJECTIONS TO RECEIVER FEE APPLICATION. Any objections to [589] Receiver Ryan K. Stumphauzer's Third Application for Allowance and Payment of Professionals' Fees and Reimbursement of Expenses for January 1, 2021-March 31, 2021 shall be filed on or before May 28, 2021. The Court will notify the Receiver if a reply to the objections is needed. Signed by Judge Rodolfo A. Ruiz, II on 5/21/2021.
DE 598 - PAPERLESS ORDER granting [597] Defendants' Unopposed Joint Motion for Extension of Time to Answer Plaintiff's Amended Complaint. Defendants LaForte, McElhone, and Cole shall file their answers on or before June 2, 2021. Defendant Abbonizio shall file his answer on or before June 8, 2021. Signed by Judge Rodolfo A. Ruiz, II on 5/25/2021.
DE 603 - TRANSCRIPT of Status Conference Conducted via Zoom (Transcribed from the Audio Recording) held on April 23, 2021, before Magistrate Judge Bruce E. Reinhart, 1-17 pages, Court Reporter: Lisa Edwards, 305-439-7168 / [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 6/21/2021. Redacted Transcript Deadline set for 6/30/2021. Release of Transcript Restriction set for 8/30/2021.

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