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 821 - PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Oral Argument on Defendant's Motions at DE [746] and [776] held on 10/6/2021. Total time in court: 1 hour(s) : 45 minutes.
DE 826 - PAPERLESS ORDER granting [825] Plaintiff Securities and Exchange Commission's Motion for Additional Pages. Plaintiff is permitted to exceed the page limit by 9 pages. Moving forward, Plaintiff is advised to seek leave of the Court prior to exceeding page limitations under the Local Rules. Signed by Judge Rodolfo A. Ruiz, II on 10/8/2021.
DE 830 - PAPERLESS ORDER granting [829] Defendants' Joint Motion for Extension of Time. Defendants' response is due on or before October 26, 2021. Signed by Judge Rodolfo A. Ruiz, II on 10/15/2021. (ob)
DE 833 - PAPERLESS ORDER GRANTING Plaintiff's Motion for Extension of Time to File Response/Reply/Answer as to Defendants' Joint Motion for Partial Summary Judgment [ECF No. 832] ("Motion"). The Court has reviewed the Motion and is otherwise fully advised; accordingly, the Motion is GRANTED. Plaintiffs response to Defendants' Joint Motion for Partial Summary Judgment shall be filed on or before October 26, 2021. Signed by Judge Rodolfo A. Ruiz, II on 10/15/2021.
DE 834 - TRANSCRIPT of hearing held on 10/6/21 before Magistrate Judge Bruce E. Reinhart, 1-84 pages, Court Reporter: Tammy Nestor, 305-523-5148 / [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 11/8/2021. Redacted Transcript Deadline set for 11/18/2021. Release of Transcript Restriction set for 1/18/2022.
DE 835 - PAPERLESS ORDER granting [831] Joint Motion for Extension of Time to File Pre-Trial Stipulation. The parties' joint pre-trial stipulation is due on or before November 5, 2021. Signed by Judge Rodolfo A. Ruiz, II on 10/18/2021. (ob)
DE 850 - PAPERLESS Order setting a Telephonic Discovery Hearing at the request of the parties for 10/25/2021 at 01:30 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. At least 48 hours prior to the scheduled hearing, the parties shall file a joint discovery memorandum of five pages or less (1) specifying the substance of the discovery matter to be heard, and (2) attaching a copy of all source materials relevant to the discovery dispute. Signed by Magistrate Judge Bruce E. Reinhart on 10/20/2021. (jgy)
DE 851 - PAPERLESS ORDER rescheduling status conference - TIME CHANGE ONLY. The status conference set for tomorrow, October 21, 2021 at 10:00 A.M., is rescheduled to 4:00 P.M. via Zoom videoconference. The Zoom hearing can be accessed at click here. Meeting ID: 160 853 2271, Passcode: 440833. Signed by Judge Rodolfo A. Ruiz, II on 10/20/2021. (ob)
DE 854 - PAPERLESS ORDER granting [852] Defendants' Joint Motion to Extend Deadline for Filing Motions in Limine. All parties' Motions in Limine are due on or before November 2, 2021. Signed by Judge Rodolfo A. Ruiz, II on 10/21/2021. (ob)
DE 855 - PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Zoom Videoconference Status Conference held on 10/21/2021. Attorney Appearance(s): All counsel of record, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / [email protected]. (gp)
DE 856 - PAPERLESS ORDER denying [838] Defendants' Motion to Adjourn the Trial. For the reasons stated on the record, trial is scheduled to begin on December 6, 2021. Signed by Judge Rodolfo A. Ruiz, II on 10/21/2021. (ob)
DE 857 - PAPERLESS ORDER denying [840] Defendant, Michael C. Furman's, Motion to Continue Trial, Sever, and to Release Funds for the reasons stated on the record. Signed by Judge Rodolfo A. Ruiz, II on 10/21/2021. (ob)
DE 858 - PAPERLESS ORDER granting in part [846] Defendant, Michael C. Furman's, Motion to Further Extend the Deadline to Respond to the Motion for Summary Judgment. Defendant Furman's response is due on or before October 28, 2021. Accordingly, the SEC's reply in support of their Motion for Summary Judgment is due on or before November 4, 2021. Signed by Judge Rodolfo A. Ruiz, II on 10/21/2021. (ob)
DE 862 - PAPERLESS Order setting Telephonic Status Conference for 10/26/2021 at 02:00 PM before Magistrate Judge Bruce E. Reinhart. The parties should be prepared to discuss dates and logistics for scheduling the settlement conference with Judge Reinhart pursuant to the Court's Order at DE [859]. 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 10/25/2021. (jgy)
DE 863 - PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart. Discovery Hearing held on 10/25/2021. Total time in court: 0 hour(s) : 30 minutes. Attorney Appearance(s): Zachary Paul Hyman (Defendant Furman) Alise Meredith Johnson (SEC). MINUTE ORDER Defendant Furman has propounded discovery in the form of Requests for Production and Interrogatories. For the reasons stated on the record, the Court has ordered that the SEC need not respond to Defendant Furman's discovery requests. Signed by Magistrate Judge Bruce E. Reinhart on 10/25/202. (Digital BER_1_10.25.2021) (jgy)
DE 866 - PAPERLESS ORDER granting [865] Defendants' Unopposed Joint Motion for Extension of Time to Reply to Plaintiff's Response to Defendants' Motion in Limine to Exclude Expert Testimony and Report of Melissa Davis. Defendants' Reply is due on or before October 28, 2021. Signed by Judge Rodolfo A. Ruiz, II on 10/25/2021. (ob)
DE 868 - PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Telephone Conference held on 10/26/2021. As discussed with the parties, the Court will expeditiously schedule the upcoming Settlement Conference by separate Order. Total time in court: 0 hour(s) : 30 minutes.
DE 870 - PAPERLESS ORDER granting [869] Joint Motion for Extension of Time by Defendants Joseph LaForte, Lisa McElhone, Joseph Cole Barleta, Dean Vagnozzi, Perry S. Abbonizio and Plaintiff Securities and Exchange Commission to File Responses to Summary Judgment Motions on October 28, When Defendant Furman's Response is Due. Responses by all parties are due on or before October 28, 2021. Signed by Judge Rodolfo A. Ruiz, II on 10/26/2021.
DE 883 - PAPERLESS ORDER granting [882] Joint Motion for Additional Pages. The parties are permitted to exceed the page limit by 7 pages. Signed by Judge Rodolfo A. Ruiz, II on 10/28/2021.
DE 900 – PAPERLESS ORDER granting [899] Defendant Dean Vagnozzi's Motion to File Video Exhibit. Defendant shall deliver a thumb drive containing such video to Judge Ruiz's chambers by Wednesday, November 3, 2021. Signed by Judge Rodolfo A. Ruiz, II on 10/29/2021.
DE 901 – PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Settlement Conference held on 11/1/2021. Case did not settle, but negotiations to continue. Parties are invited to contact Judge Reinhart's chambers should they require a second settlement conference. Total time in court: 2 hour(s) : 33 minutes.
DE 904 - PAPERLESS ORDER granting [903] Joint Motion by Defendants Joseph Laforte, Lisa McElhone, Joseph Cole Barleta, Dean Vagnozzi, Perry S. Abbonizio and Plaintiff Securities and Exchange Commission to Extend Time to File Motion in Limine. Motions in Limine are due on or before November 4, 2021. Signed by Judge Rodolfo A. Ruiz, II on 11/2/2021.
DE 908 - PAPERLESS ORDER requesting that the Receiver provide a brief response to [845] Non-Party, Wilmington Savings Fund Society, FSB, not in its Individual Capacity but Solely as Trustee for Invictus Residential Pooler Trust 3A's Motion to Intervene and for Relief from the Amended Order Appointing Receiver And Incorporated Memorandum Of Law on or before November 12, 2021. The response should not exceed (5) five pages. The Court is inclined to grant the non-party limited relief similar to [897], so as to lift the Litigation Injunction [141] to allow the non-party to proceed with its non-judicial foreclosure in California. Signed by Judge Rodolfo A. Ruiz, II on 11/3/2021.
DE 909 - PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Settlement Conference held on 11/3/2021. Settlement conference recessed for parties to confer about the specific issues discussed during the conference. The Court will hold a Status Conference Zoom call on 11/10/2021 at 04:30 PM to hear an update from the parties regarding the progress of the specific conferral items discussed today. Should the parties need further assistance with settlement, the Court will work with the parties to expeditiously schedule a second settlement conference. Note - The Zoom information will be e-mailed to the parties prior to the status conference. Total time in court: 3 hour(s) : 00 minutes.
DE 910 – PAPERLESS Order Cancelling Settlement Conference set for 11/4/2021 at 1:00 PM via Zoom. The Court will reset the settlement conference by separate order. Signed by Magistrate Judge Bruce E. Reinhart on 11/3/2021.
DE 913 - PAPERLESS ORDER granting [912] Joint Motion by Defendants Joseph LaForte, Lisa McElhone, Joseph Cole Barleta, Dean Vagnozzi, Perry Abbonizio, Michael Furman, and Plaintiff Securities and Exchange Commission to Extend Time to File Joint Pretrial Stipulation and Other Deadlines. The parties shall file their Joint Pretrial Stipulation and respective Motions in Limine and Replies in Support of their Motions for Partial Summary Judgment on or before Wednesday, November 10, 2021. Signed by Judge Rodolfo A. Ruiz, II on 11/4/2021.
DE 915 - PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Settlement Conference held on 11/9/2021 at 9:00 am. Case did not settle. Total time in court: 0 hour(s) : 15 minutes.
DE 917 - PAPERLESS ORDER requiring expedited response from Defendant Lisa McElhone as to [916] Receiver, Ryan K. Stumphauzer's Motion to Expand the Receivership to Include the SEP IRA Account of Lisa M. McElhone. Defendant is ordered to respond on or before November 16, 2021. The Receiver need not submit a reply. Signed by Judge Rodolfo A. Ruiz, II on 11/9/2021.
DE 918 - PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Settlement Conference held on 11/9/2021 at 1:00 PM. Settlement conference recessed for parties to confer about the specific issues discussed during the conference. The Court will hold a brief Telephonic Status Conference on 11/16/2021 at 04:30 PM to hear an update from the parties regarding the progress of the specific conferral items discussed today. Should the parties need further assistance with settlement, the Court will work with the parties to expeditiously schedule a second settlement conference. Note - Counsel, parties, or members of the public can attend the Telephonic Status Conference 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. Total time in court: 2 hour(s) : 50 minutes.
DE 920 - PAPERLESS ORDER granting [919] Defendants' Unopposed Motion to File Exhibit "C" to ECF No. 893-4 Under Seal in Support of their Response to Plaintiff's Motion for Partial Summary Judgment. The Court hereby seals Exhibit "C" to [893-4] in support of Defendants' Response to Plaintiffs Motion for Partial Summary Judgment [893] and instructs the Clerk to restrict public access to Exhibit "C" to ECF No. 893-4. Signed by Judge Rodolfo A. Ruiz, II on 11/9/2021.
DE 923 - PAPERLESS ORDER granting [922] Joint Motion for Extension of Time to File Objections to Trial Exhibits and Deposition Designations. All parties shall file objections to trial exhibits and deposition designations on or before November 19, 2021. Signed by Judge Rodolfo A. Ruiz, II on 11/10/2021.

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