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 718 - PAPERLESS ORDER granting [715] Defendants Lisa McElhone and Joseph Cole Barleta's Unopposed Motion for an Extension of One Day. Ms. McElhone and Mr. Barleta's Amended Answers, filed on August 21, 2021, are deemed timely filed. Signed by Judge Rodolfo A. Ruiz, II on 8/22/2021.
DE 719 - PAPERLESS ORDER regarding [699] Receiver, Ryan K. Stumphauzer's Fourth Application for Allowance and Payment of Professionals' Fees and Reimbursement of Expenses for April 1, 2021 - June 30, 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 Wednesday, August 25, 2021. Signed by Judge Rodolfo A. Ruiz, II on 8/22/2021.
DE 720 - Clerks Notice to Filer re [717] Answer to Complaint. Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match the typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and Local Rule 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules.
DE 725 - PAPERLESS ORDER granting [723] Defendant's Motion to File Materials Under Seal in Support of Reply in Support of Motion to Dismiss. Signed by Judge Rodolfo A. Ruiz, II on 8/23/2021.
DE 726 - PAPERLESS ORDER granting [724] Defendant's Unopposed Motion to Appear at Hearing via Videoconference. Signed by Judge Rodolfo A. Ruiz, II on 8/23/2021.
DE 731 - PAPERLESS ORDER granting [730] Plaintiff's Motion to Appear By Zoom. Signed by Judge Rodolfo A. Ruiz, II on 8/24/2021.
DE 732 - PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Motion Hearing held on 8/25/2021 re [649] MOTION to Discharge the Receiver, [663] Sealed MOTION. Argument heard. Order to follow. Attorney Appearance(s): All Counsel of Record, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / [email protected].
DE 740 - PAPERLESS Order setting Discovery Hearing at the request of the parties for 9/1/2021 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. Prior to the hearing, the parties shall file a joint discovery memorandum of five pages or less (1) specifying the substance of the discovery matter(s) to be heard, (2) certifying that the parties have complied with the pre-hearing communication requirement, and (3) attaching a copy of all source materials relevant to the discovery dispute (e.g., if the dispute concerns interrogatories, the interrogatories at issue and any responses thereto shall be provided to Chambers). Signed by Magistrate Judge Bruce E. Reinhart on 8/30/2021.
DE 741 - PAPERLESS Order Cancelling Discovery Hearing set for 9/1/2021 at 3:00PM before Magistrate Judge Reinhart in order to allow the parties more time to confer. The parties have been directed to let Judge Reinhart's chambers know (by emailing [email protected]) if, after conferral, they believe there are remaining discovery disputes for Judge Reinhart to address. Signed by Magistrate Judge Bruce E. Reinhart on 8/31/2021.
DE 743 - PAPERLESS Order setting Discovery Hearing at the request of the parties for 9/10/2021 at 02:30 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. Prior to the hearing, the parties shall file a joint discovery memorandum of five pages or less (1) specifying the substance of the discovery matter(s) to be heard, (2) certifying that the parties have complied with the pre-hearing communication requirement, and (3) attaching a copy of all source materials relevant to the discovery dispute (e.g., if the dispute concerns interrogatories, the interrogatories at issue and any responses thereto shall be provided to Chambers). Signed by Magistrate Judge Bruce E. Reinhart on 9/1/2021.
DE 744 - TRANSCRIPT of Motion Hearing held on 8-25-2021 before Judge Rodolfo A. Ruiz, II, 1-292 pages, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / [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 9/23/2021. Redacted Transcript Deadline set for 10/4/2021. Release of Transcript Restriction set for 12/1/2021.
DE 749 - PAPERLESS ORDER granting [748] Plaintiff SEC's Motion for Extension of Time to File Joint Discovery Memorandum. The SEC shall file the combined Joint Discovery Memo by 3:00pm today, September 9, 2021. Signed by Magistrate Judge Bruce E. Reinhart on 9/9/2021.
DE 752 - PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Discovery Hearing held on 9/10/2021. Total time in court: 0 hour(s) : 40 minutes. MINUTE ORDER. Taking under advisement the issues outlined at DE [750] and, for the reasons stated on the record at the Discovery Hearing, ordering Defendant LaForte to file a motion stating the specific relief he requests and the arguments in support of said request for relief. The deadline to file the motion is September 17, 2021 at 5:00pm. Plaintiff shall file its response in accordance with the Local Rules. Signed by Magistrate Judge Bruce E. Reinhart on 9/10/2021.
DE 756 - PAPERLESS ORDER granting [755] Motion to Withdraw Document 754. Signed by Judge Rodolfo A. Ruiz, II on 9/14/2021.
DE 759 - Clerks Notice to Filer re [758] EXPEDITED MOTION To Seal ECF No 757-4 . Wrong Event Selected; ERROR - The Filer selected the wrong event. The Event was corrected by the Clerk. It is not necessary to refile this document.
DE 765 - CLERK'S NOTICE of Compliance by Sealing [757-4] pursuant to [764] Order
DE 768 - Clerks Notice to Filer re [766] Plaintiff's MOTION to Seal DE-754 . Wrong Event Selected; ERROR - The Filer selected the wrong event. The Event was corrected by the Clerk. It is not necessary to refile this document.
DE 770 - PAPERLESS ORDER setting hearing via Zoom for September 20th, 2021 at 11:00 a.m. on [762] Motion of Fox Rothschild LLP to strike SEC's Motion [757] For Order to Show Cause Why Defendant Lisa McElhone and her Former Counsel Should Not Be Held in Contempt of Court and Incorporated Memorandum of Law. The Zoom conference can be accessed at https://www.zoomgov.com/j/1604821786?pwd=ZUhGVmhrdW1HOXdZQzFhM3NDM2tqdz09. The Meeting ID is 160 482 1786 and the Passcode is 023197. Signed by Judge Rodolfo A. Ruiz, II on 9/16/2021.
DE 773 - PAPERLESS ORDER granting [771] Plaintiff's Motion For Partial Relief From Order Regarding Attendance at Informal Settlement Discussion by Securities & Exchange Commission. On behalf of the Securities & Exchange Commission, the Regional Trial Counsel and Senior Trial Counsel may attend the informal settlement discussion, with the Regional Director available to them by telephone. Signed by Judge Rodolfo A. Ruiz, II on 9/16/2021.
DE 778 - PAPERLESS ORDER GRANTING [775] John W. Pauciulo and Eckert Seamans Cherin & Mellott, LLC's Corrected Motion and Memorandum to Intervene to File a Response in Opposition to Defendant Dean Vagnozzi's Motion for Clarification, or in the Alternative, Limited Relief from the Stay of Litigation. Exhibit 1 to [775], John W. Pauciulo and Eckert Seamans Cherin & Mellott, LLC's Opposition to Defendant Dean Vagnozzi's Motion for Clarification, or in the Alternative, Limited Relief from the Stay of litigation is deemed FILED. Given the Corrected Motion [775], John W. Pauciulo and Eckert Seamans Cherin & Mellott, LLC's Motion and Memorandum to Intervene to File a Response in Opposition to Defendant Dean Vagnozzi's Motion for Clarification, or in the Alternative, Limited Relief from the Stay of Litigation [767] is DENIED as MOOT. Signed by Judge Rodolfo A. Ruiz, II on 9/17/2021.
DE 779 - PAPERLESS ORDER granting [777] Plaintiff's Unopposed Motion for Extension of Time to File Response to [746] Defendant's Second Motion to Dismiss. Plaintiff shall file its Response on or before October 1, 2021, and may respond to the Motion to Dismiss and [776] Defendant's Motion for Sanctions in one Response Brief. Signed by Magistrate Judge Bruce E. Reinhart on 9/19/2021.
DE 781 - TRANSCRIPT of Discovery Hearing held on 9/10/21 before Magistrate Judge Bruce E. Reinhart, 1-26 pages, Court Reporter: Joanne Mancari, 305-523-5635. 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 10/8/2021. Redacted Transcript Deadline set for 10/18/2021. Release of Transcript Restriction set for 12/16/2021.
DE 782 -CLERK'S NOTICE of Compliance by Sealing [754] Order pursuant to [769] Order
DE 783 - PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Motion Hearing held on 9/20/2021 re [762] MOTION to Strike [757] Plaintiff's MOTION for Order to Show Cause. Argument heard. Order to follow. Attorney Appearance(s): Peter Harlan Levitt, Amie Riggle Berlin, Timothy Andrew Kolaya, David Lawrence Ferguson, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / [email protected].
DE 787 - PAPERLESS ORDER granting [786] Plaintiff's Motion for Order to Withdraw [757] Securities and Exchange Commission's Motion for Order to Show Cause Why Defendant Lisa McElhone and her Former Counsel Should Not Be Held in Contempt of Court. Signed by Judge Rodolfo A. Ruiz, II on 9/20/2021.
DE 789 - PAPERLESS Order taking under advisement [746] Defendant LaForte's Second Motion to Dismiss and for Sanctions and [776] Defendant LaForte's Motion for Sanctions for Discovery Violations and Setting Hearing on the Motions. The Court anticipates the SEC will be filing its singular Response to both Motions on or before October 1, 2021. Defendant LaForte is NOT authorized to file a Reply in support of either motion. The Court will hold Oral Argument on the Motions on Wednesday, 10/6/2021 at 01:00 PM before Magistrate Judge Bruce E. Reinhart. Oral argument will take place via Zoom. Zoom instructions will be provided prior to the hearing. Signed by Magistrate Judge Bruce E. Reinhart on 9/22/2021.
DE 792 - PAPERLESS ORDER granting [791] Unopposed Motion to Modify the Scheduling Order Solely to Extend the September 24, 2021, Deadline. All parties shall file all pre-trial motions, including Motions for Summary Judgment and Daubert Motions on or before October 4, 2021. Signed by Judge Rodolfo A. Ruiz, II on 9/22/2021. (ob)
DE 793 - TRANSCRIPT of Motion Hearing via Zoom held on 9-20-2021 before Judge Rodolfo A. Ruiz, II, 1-72 pages, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / [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 10/14/2021. Redacted Transcript Deadline set for 10/25/2021. Release of Transcript Restriction set for 12/22/2021.
DE 796 - PAPERLESS ORDER regarding Oral Argument set for 10/6/21 at 01:00 PM before Judge Reinhart. The Zoom link can be accessed at https://www.zoomgov.com/j/1613991923?pwd=REQ0RXB3NXRmVDdKamcxb1V1Nlgwdz09. The Meeting ID is 161 399 1923. The Passcode is 465902. Signed by Magistrate Judge Bruce E. Reinhart on 9/29/2021. (jgy)
DE 798 - PAPERLESS ORDER granting [797] Plaintiff Securities and Exchange Commission's Unopposed Motion for One Day Extension of Time to File Responses. Plaintiff shall file its response on or before October 2, 2021. Signed by Judge Rodolfo A. Ruiz, II on 10/1/2021.
DE 809 - PAPERLESS ORDER granting [806] Plaintiff's Motion to file Summary Judgment Motion and Exhibits Under Seal due to the Motion's inclusion and explanation of Confidential documents as designated by the Receiver. Signed by Judge Rodolfo A. Ruiz, II on 10/5/2021.
DE 811 - PAPERLESS ORDER setting telephonic hearing for today, October 5, 2021 at 4:00 P.M. The parties are instructed to call 1-877-402-9753 by no later than 3:55 P.M. The access code is 9372453 and the password is 0918. 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 10/5/2021.
DE 812 - PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Telephonic Status Conference held on 10/5/2021. Attorney Appearance(s): Counsel of record, Court Reporter: Yvette Hernandez, 305-523-5698 / [email protected].
DE 813 - PAPERLESS ORDER vacating [809] Paperless Order Granting Plaintiff's Motion to file Summary Judgment Motion and Exhibits Under Seal [806] given Plaintiff's representation during today's telephonic status conference [812] that this matter has been resolved. Further, Plaintiff's ore tenus Motion for One Day Extension of Time to file their Motion for Summary Judgment is GRANTED. Plaintiff shall file its Motion for Summary Judgment on or before October 5, 2021, at 11:59 p.m. In light of the foregoing, Defendants' Motion to Strike SEC's Untimely Motion for Summary Judgement [810] is DENIED as MOOT. Signed by Judge Rodolfo A. Ruiz, II on 10/5/2021.
DE 818 - CLERK'S NOTICE of Compliance re [814] Order on Expedited Motion (dj)

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