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 931 - PAPERLESS ORDER granting [928] Plaintiff Securities and Exchange Commission's Motion For Additional Pages On Motion In Limine. Plaintiff is permitted to exceed the page limit by four (4) pages. Signed by Judge Rodolfo A. Ruiz, II on 11/10/2021.
DE 933 - PAPERLESS ORDER granting [925] 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 The Joint Pretrial Stipulation and Other Deadlines By One Day. The Joint Pretrial Stipulation, Jury Instructions, and all parties' Replies in Support of Motions for Summary Judgment are due on November 11, 2021. Signed by Judge Rodolfo A. Ruiz, II on 11/10/2021.
DE 934 - PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Continued Settlement Conference re: Mr. Vagnozzi held on 11/10/2021. Total time in court: 25 minutes.
DE 936 - PAPERLESS ORDER granting the parties' [935] Joint Motion for Additional Extension of Time to File Pretrial Stipulation, Jury Instructions, and Reply Briefs. The parties' Joint Pretrial Stipulations, Jury Instructions, and Reply Briefs in support of their Motions for Summary Judgment are due on or before November 15, 2021. Signed by Judge Rodolfo A. Ruiz, II on 11/11/2021.
DE 939 - PAPERLESS ORDER requiring expedited responses by Defendants to [937] Plaintiff Securities and Exchange Commission's Expedited Motion to Preclude Trial Testimony of Defendant LaForte and Memorandum in Support on or before November 16, 2021. Any reply by the SEC is due on or before November 18, 2021. Signed by Judge Rodolfo A. Ruiz, II on 11/12/2021.
DE 940 - PAPERLESS Order setting Status Conference re: continued settlement conference between the SEC and Mr. Vagnozzi for 11/17/2021 at 11:00 AM via Zoom before Magistrate Judge Bruce E. Reinhart. The parties are instructed to use the SAME Zoom link as previously provided. Signed by Magistrate Judge Bruce E. Reinhart on 11/15/2021.
DE 941 - PAPERLESS Order setting Telephonic Status Conference regarding the settlement discussions between the SEC and Defendant Perry S. Abbonizio for 11/18/2021 at 04:00 PM before Magistrate Judge Bruce E. Reinhart. Only the SEC representatives and counsel for Mr. Abbonizio are required to attend. 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 11/15/2021.
DE 944 - PAPERLESS ORDER denying [762] Motion of Fox Rothschild LLP to Strike SEC's Motion [ECF No. 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 as MOOT due to this Court's Order [757] granting [786] Plaintiff's Motion for Order to Withdraw ECF No. 757. Signed by Judge Rodolfo A. Ruiz, II on 11/15/2021.
DE 945 - PAPERLESS ORDER setting hearing for December 2, 2021 at 1:00 P.M. on [924] Defendant Perry Abbonizio's Omnibus Motion in Limine, [926] Defendants, Joseph W. LaForte, Lisa McElhone, and Joseph Cole Barleta's Omnibus Motion in Limine and Incorporated Memorandum of Law, [927] Defendant Vagnozzi's Motion in Limine, [929] Plaintiff Securities and Exchange Commission's Omnibus Motion in Limine and Memorandum in Support, and [932] Defendant, Michael C. Furman's Motion in Limine to Exclude Undercover Agent Testimony. The hearing will take place in person in Courtroom 205C at the U.S. Courthouse, 299 E. Broward Boulevard, Fort Lauderdale, Florida. Signed by Judge Rodolfo A. Ruiz, II on 11/15/2021.
DE 946 - PAPERLESS ORDER requiring expedited response from Plaintiff Securities and Exchange Commission as to [914] Defendant Lisa McElhone's Motion to Amend Admissions. Plaintiff is ordered to respond on or before November 17, 2021. No replies shall be permitted. Signed by Judge Rodolfo A. Ruiz, II on 11/15/2021.
DE 953 - Clerks Notice to Filer re [943] Motion to Withdraw as Attorney. Wrong Event Selected - Document is a Motion; ERROR - The Filer selected the wrong event. A motion event must always be selected when filing a motion. The correction was made by the Clerk. It is not necessary to refile this document.
DE 954 - PAPERLESS ORDER granting [951] Plaintiff Securities and Exchange Commission's Motion for a Brief Enlargement of Time. Plaintiff's Reply in Support of their Motion for Summary Judgment is due by 12:00 P.M., November 16, 2021. No additional enlargements of time will be considered by this Court. Signed by Judge Rodolfo A. Ruiz, II on 11/16/2021.
DE 955 - PAPERLESS ORDER granting [950] Joint Motion for a One Day Extension of Time to File the Joint Pretrial Stipulation, Jury Instructions, Verdict Forms, Exhibit Lists, and Witness Lists. The aforementioned filings are due no later than 5:00 P.M., November 16, 2021. Signed by Judge Rodolfo A. Ruiz, II on 11/16/2021.
DE 957 - PAPERLESS ORDER requiring an expedited response from Defendant Joseph LaForte to [949] Receiver Ryan K. Stumphauzer's Motion to Lift the Litigation Injunction to Allow Commencement of Proceedings against Joseph LaForte and James LaForte. Defendant's response is due on or before November 18, 2021. Signed by Judge Rodolfo A. Ruiz, II on 11/16/2021.
DE 960 - PAPERLESS ORDER granting [959] Plaintiff Securities and Exchange Commission's Motion for 2 Hour Enlargement of Time. Although the Court is fully aware of the purportedly extenuating circumstances that form the basis for this request for another extension of time, the Court also notes that this extension is yet another example of the SEC's repeated inability to meet deadlines in a timely fashion. The Court warns the SEC that it will not countenance the Commission's repeated practice of asking for extensions after deadlines have expired. Should the SEC fail to file a Reply by 2:00 P.M. today, the Court will consider the Motion for Summary Judgment [817] without the benefit of reply. Signed by Judge Rodolfo A. Ruiz, II on 11/16/2021.
DE 963 - PAPERLESS ORDER denying [942] Non-Party John W. Pauciulo's Motion to Permit Testimony by Live Video Teleconference. After careful review, Mr. Pauciulo will be required to appear live. To the extent possible, the Court will accommodate any scheduling requests that Mr. Pauciulo may have. Signed by Judge Rodolfo A. Ruiz, II on 11/16/2021.
DE 964 - PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Status Conference held on 11/16/2021. Total time in court: 0 hour(s) : 12 minutes.
DE 965 - PAPERLESS ORDER regarding Status Conference re: settlement discussions between the SEC and Defendant Perry S. Abbonizio set for 11/18/2021 at 04:00 PM before Magistrate Judge Bruce E. Reinhart (see DE [941]). The call will take place by Zoom instead of by phone. The parties are instructed to use the same zoom login information that was used for the original settlement conference. Only the SEC representatives and counsel for Mr. Abbonizio should attend. Signed by Magistrate Judge Bruce E. Reinhart on 11/16/2021.
DE 969 - PAPERLESS ORDER granting [968] Defendants' Motion to Remove Unredacted Exhibit from the Record and Replace with Redacted Exhibits ("Motion"). The Clerk is directed to replace ECF No. 966-4 with the redacted version of the same document, ECF No. 968-1. Further, the Court accepts Defendant Furman's redacted Witness List, ECF No. 968-2, and it is deemed FILED. The Clerk is directed to attach [968-2] as Exhibit G to the parties' [966] Joint Pre-Trial Stipulation. Signed by Judge Rodolfo A. Ruiz, II on 11/17/2021.
DE 971 - PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Status Conference held on 11/17/2021. Total time in court: 0 hour(s) : 40 minutes.
DE 976 - CLERK'S NOTICE of Compliance re [969] Order on Motion for Miscellaneous Relief
DE 977 - PAPERLESS ORDER setting status conference via Zoom tomorrow November 19, 2021 at 4:00 P.M. The Zoom hearing can be accessed at click here. The Meeting ID is 160 482 1786 and the Passcode is 023197. Signed by Judge Rodolfo A. Ruiz, II on 11/18/2021.
DE 981 - PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Settlement Conference held on 11/18/2021 between the SEC and Defendant Mr. Cole Barleta. Case did not settle, but the parties are invited to reach out to Judge Reinhart's chambers should they need further assistance for settlement purposes. Total time in court: 1 hour(s) : 20 minutes.
DE 982 - PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Status Conference held on 11/18/2021. Total time in court: 0 hour(s) : 10 minutes.
DE 984 - PAPERLESS ORDER denying [983] Defendant Lisa McElhone's Motion for Leave to File a Reply to the SEC's Response to the Motion to Amend Admissions. Signed by Judge Rodolfo A. Ruiz, II on 11/18/2021.
DE 992 - PAPERLESS ORDER granting Defendant Lisa McElhone's ore tenus Motion for an Extension of Time to file a Response in Opposition to [916] Receiver, Ryan K. Stumphauzer's Motion to Expand the Receivership to Include the SEP IRA Account of Lisa M. McElhone. Defendant's response is due on or before November 24, 2021. Signed by Judge Rodolfo A. Ruiz, II on 11/19/2021.
DE 993 - PAPERLESS ORDER granting [991] Defendants' Unopposed Joint Motion for Extension of Time to File Objections to Trial Exhibits and to Serve Deposition Designations. Defendants shall file their objections to the trial exhibit lists and serve deposition designations on or before November 22, 2021. Signed by Judge Rodolfo A. Ruiz, II on 11/19/2021. (ob)
DE 994 - PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Zoom Status Conference held on 11/19/2021. Attorney Appearance(s): All Counsel of Record, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / [email protected] (gp)
DE 1000 - PAPERLESS ORDER granting [998] Plaintiff Securities and Exchange Commission and Defendants' Joint Motion for Extension of Time to File Responses to Motions in Limine. All parties' responses to the Motions in Limine are due on or before Monday, November 29, 2021. Signed by Judge Rodolfo A. Ruiz, II on 11/23/2021.
DE 1013 - PAPERLESS ORDER denying [924] Motion in Limine by Perry S. Abbonizio and [927] Motion in Limine by Dean J. Vagnozzi as MOOT due to settlement [999, 1006]. Signed by Judge Rodolfo A. Ruiz, II on 11/28/2021.
DE 1014 - PAPERLESS ORDER requiring an expedited response from Defendant Michael C. Furman as to [1012] Plaintiff's Motion to Strike Declaration of Michael C. Furman. Defendant's response is due on or before November 30, 2021 at 12:00 P.M. Signed by Judge Rodolfo A. Ruiz, II on 11/28/2021. (ob)
DE 1015 - PAPERLESS ORDER advising that, given the recent judgments of permanent injunction and other relief against defendants Perry S. Abbonizio, Dean J. Vagnozzi, Lisa McElhone, and Joseph W. LaForte [999, 1006, 1008, 1010], the calendar call scheduled for November 30, 2021 at 11:00 A.M. will occur via Zoom Videoconference and will proceed as to the remaining defendants, Joseph Cole Barleta and Michael C. Furman. The videoconference can be accessed at click here. The Meeting ID is 161 812 9016 and the Passcode is 199696. Further, counsel for all parties who have settled are required to appear [at the Zoom Videoconference] for a status conference. Signed by Judge Rodolfo A. Ruiz, II on 11/28/2021.
DE 1019 - PAPERLESS ORDER denying [926] Defendants, Joseph W. LaForte, Lisa McElhone, and Joseph Cole Barleta's Omnibus Motion in Limine and Incorporated Memorandum of Law as MOOT due to settlements [1010, 1007, 1016]. Signed by Judge Rodolfo A. Ruiz, II on 11/28/2021.
DE 1024 - PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Videoconference Calendar Call held on 11/30/2021. Order to follow. Attorney Appearance(s): All Counsel of record, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / [email protected]
DE 1025 - PAPERLESS ORDER rescheduling [945] hearing on [929] Plaintiff Securities and Exchange Commission's Omnibus Motion in Limine and Memorandum in Support and [932] Defendant, Michael C. Furman's Motion in Limine - TIME CHANGE ONLY. The December 2, 2021 hearing will take place at 2 P.M. The hearing will take place in person in Courtroom 205C at the U.S. Courthouse, 299 E. Broward Boulevard, Fort Lauderdale, Florida. Plaintiff and Defendant Furman shall file revised exhibit lists, witness lists, jury instructions, and their joint pre-trial stipulation on or before December 2, 2021 at 12:00 P.M. Signed by Judge Rodolfo A. Ruiz, II on 11/30/2021. (ob)

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