U.S. Securities and Exchange Commission v. Milton

Federal Civil Lawsuit New York Southern District Court, Case No. 1:21-cv-06445-AKH
District Judge Alvin K. Hellerstein, presiding
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District Judge Alvin K. Hellerstein
Last Updated September 26, 2023 at 10:36 PM EDT (1.5 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
United States Securities and Exchange Commission United States Securities and Exchange Commission, Plaintiff
Officially listed as "U.S. Securities and Exchange Commission"

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Nikolay V. Vydashenko +1 817 978 6448 vydashenkon@sec.gov
v.
Milton, Trevor Robert Milton, Trevor Robert, Defendant
Officially listed as "Trevor R. Milton"
Officer/Director, VectoIQ Acquisition Corp.
Officer/Director, M&M Residual, LLC
Nikola Corporation Officer/Director, Nikola Corporation
Attributes
Office Foley Square
Filed 7/29/2021
Jury Demand None
Demand
Nature of Suit 850 - Other Statutes: Securities/Commodities/Exchange
Cause Section 15 U.S.C. § 77 Securities Fraud
Jurisdiction U.S. Government Plaintiff
Disposition
County Albany
Terminated
Origin 1
Reopened
Lead Case
None
Related Case
None
Other Court Case None
Defendant Custody Status
Timeline
  Entries (58) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 50 Filed: 9/26/2023, Entered: None Letter
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Legal Document 48 Filed: 8/11/2023, Entered: None Status Report
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Legal Document (Payment Possibly Required) 47 Filed: 6/14/2023, Entered: None Order on Motion to Withdraw as Attorney
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Legal Document (Payment Possibly Required) 46 Filed: 6/12/2023, Entered: None Withdraw as Attorney
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Legal Document (Payment Possibly Required) 41 Filed: 8/30/2022, Entered: None Order on Motion for Extension of Time
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Legal Document 40 Filed: 8/8/2022, Entered: None Memorandum & Opinion
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Legal Document (Payment Possibly Required) 39 Filed: 3/17/2022, Entered: None Notice of Appearance
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Legal Document (Payment Possibly Required) 38 Filed: 9/3/2021, Entered: 9/3/2021 Order on Motion to appear pro hac viceCourt Filing
ORDER FOR ADMISSION PRO HAC VICE granting [6] Motion for Sarah S. Mallett to Appear Pro Hac Vice. The motion of Sarah S. Mallett, for admission to practice Pro Hac Vice in the above captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Alvin K. Hellerstein on 9/3/21) (yv)
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Legal Document (Payment Possibly Required) 37 Filed: 9/3/2021, Entered: 9/3/2021 Order on Motion to appear pro hac viceCourt Filing
ORDER FOR ADMISSION PRO HAC VICE granting [5] Motion for Rebecca R. Fike to Appear Pro Hac Vice. The motion of Rebecca R. Fike, for admission to practice Pro Hac Vice in the above-captionedaction is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Alvin K. Hellerstein on 9/3/21) (yv)
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Legal Document (Payment Possibly Required) 36 Filed: 9/3/2021, Entered: 9/3/2021 Order on Motion to appear pro hac viceCourt Filing
ORDER FOR ADMISSION PRO HAC VICE granting [4] Motion for Keefe M. Bernstein to Appear Pro Hac Vice. The motion of Keefe M. Bernstein, for admission to practice Pro Hac Vice in the above captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Alvin K. Hellerstein on 9/3/21) (yv)
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Legal Document (Payment Possibly Required) 35 Filed: 8/31/2021, Entered: 8/31/2021 Declaration in Support of Motion
***SELECTED PARTIES***DECLARATION of Dr. Andrew Petersen in Support re: [21] MOTION to Dismiss or, in the Alternative, Transfer Venue., [32] MOTION for Leave to File Declaration Under Seal.. Document filed by Trevor R. Milton, United States Securities and Exchange Commission. Motion or Order to File Under Seal: [32].(Healy, Terence)
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Legal Document (Payment Possibly Required) 34 Filed: 8/31/2021, Entered: 8/31/2021 Declaration in Support of Motion
***SELECTED PARTIES***DECLARATION of Chelsey Milton in Support re: [21] MOTION to Dismiss or, in the Alternative, Transfer Venue., [32] MOTION for Leave to File Declaration Under Seal.. Document filed by Trevor R. Milton, United States Securities and Exchange Commission. Motion or Order to File Under Seal: [32].(Healy, Terence)
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Legal Document (Payment Possibly Required) 33 Filed: 8/31/2021, Entered: 8/31/2021 Memorandum of Law in Support of Motion
MEMORANDUM OF LAW in Support re: [32] MOTION for Leave to File Declaration Under Seal. . Document filed by Trevor R. Milton..(Healy, Terence)
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Legal Document (Payment Possibly Required) 32 Filed: 8/31/2021, Entered: 8/31/2021 Motion for Leave to file document
MOTION for Leave to File Declaration Under Seal. Document filed by Trevor R. Milton..(Healy, Terence)
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Legal Document (Payment Possibly Required) 31 Filed: 8/31/2021, Entered: 8/31/2021 Declaration in Support of Motion
DECLARATION of Bradley J Bondi in Support re: [21] MOTION to Dismiss or, in the Alternative, Transfer Venue.. Document filed by Trevor R. Milton..(Healy, Terence)
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Legal Document (Payment Possibly Required) 30 Filed: 8/31/2021, Entered: 8/31/2021 Reply Memorandum of Law in Support of Motion
REPLY MEMORANDUM OF LAW in Support re: [21] MOTION to Dismiss or, in the Alternative, Transfer Venue. . Document filed by Trevor R. Milton..(Healy, Terence)
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Legal Document 29 Filed: 8/31/2021, Entered: 8/31/2021 Reply Memorandum of Law in Support of Motion
REPLY MEMORANDUM OF LAW in Support re: [13] MOTION to Intervene and for a Full Stay. . Document filed by UNITED STATES OF AMERICA..(Roos, Nicolas)
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Legal Document (Payment Possibly Required) 28 Filed: 8/26/2021, Entered: 8/26/2021 Declaration in Opposition to Motion
DECLARATION of Sarah S. Mallett in Opposition re: [21] MOTION to Dismiss or, in the Alternative, Transfer Venue.. Document filed by United States Securities and Exchange Commission. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Exhibit 8).(Vydashenko, Nikolay)
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Legal Document 27 Filed: 8/26/2021, Entered: 8/26/2021 Memorandum of Law in Opposition to Motion
MEMORANDUM OF LAW in Opposition re: [21] MOTION to Dismiss or, in the Alternative, Transfer Venue. . Document filed by United States Securities and Exchange Commission..(Vydashenko, Nikolay)
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Legal Document (Payment Possibly Required) 26 Filed: 8/26/2021, Entered: 8/26/2021 Memorandum of Law in Opposition to Motion
MEMORANDUM OF LAW in Opposition re: [13] MOTION to Intervene and for a Full Stay. . Document filed by Trevor R. Milton..(Healy, Terence)
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Legal Document (Payment Possibly Required) 25 Filed: 8/19/2021, Entered: 8/19/2021 Endorsed LetterCourt Filing
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Jordan Estes, Matthew Podolsky, and Nicolas Roos dated 8/13/2021 re: The Government writes to respectfully request that the deadline for the Securities and Exchange Commission ("SEC") to respond to defendant Trevor Milton's motion to dismiss or transfer venue be adjourned until the Court issues a decision on the motion to stay filed by the United States of America (the "United States") on August 9, 2021. The Government has an interest in delaying briefing of the motion because, as discussed below and in more detail in the Government's motion to stay (Dkt. 14), requiring the SEC to respond to the defendant's motion now could prejudice the Government in its parallel criminal case against the defendant. ENDORSEMENT: The Securities and Exchange Commission shall respond to Defendant Trevor R. Milton's motion to dismiss or to transfer venue by August 26, 2021, noon. Defendant Trevor R. Milton shall respond to the motion to intervene by the United States of America by August 26, 2021, noon. Replies shall be filed by August 31, 2021, noon. The action is stayed until the Court's determination of the two motions. So Ordered (Responses due by 8/26/2021, Replies due by 8/31/2021.), Case stayed. (Signed by Judge Alvin K. Hellerstein on 8/19/2021) (js)
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Legal Document (Payment Possibly Required) 24 Filed: 8/18/2021, Entered: 8/18/2021 Memorandum of Law in Support of Motion
MEMORANDUM OF LAW in Support re: [23] MOTION for Extension of Time to Respond to Government's Application to Intervene and for a Full Stay of Proceedings. . Document filed by Trevor R. Milton..(Healy, Terence)
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Legal Document (Payment Possibly Required) 23 Filed: 8/18/2021, Entered: 8/18/2021 Motion for Extension of Time
MOTION for Extension of Time to Respond to Government's Application to Intervene and for a Full Stay of Proceedings. Document filed by Trevor R. Milton..(Healy, Terence)
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Legal Document (Payment Possibly Required) 22 Filed: 8/18/2021, Entered: 8/18/2021 Memorandum of Law in Support of Motion
MEMORANDUM OF LAW in Support re: [21] MOTION to Dismiss or, in the Alternative, Transfer Venue. . Document filed by Trevor R. Milton..(Healy, Terence)
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Legal Document (Payment Possibly Required) 21 Filed: 8/18/2021, Entered: 8/18/2021 Motion to Dismiss
MOTION to Dismiss or, in the Alternative, Transfer Venue. Document filed by Trevor R. Milton..(Healy, Terence)
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Blank  Filed: None, Entered: None Notice to Attorney to Re-File Document - Deficient Docket Entry Error
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Terence Healy to RE-FILE Document [17] MOTION for Extension of Time to Respond to Application to Intervene. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Memorandum of Law in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. (ldi)
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Blank  Filed: None, Entered: None Notice to Attorney to Re-File Document - Deficient Docket Entry Error
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Terence Healy to RE-FILE Document [12] MOTION to Dismiss or to Transfer Venue. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Memorandum of Law in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. (ldi)
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Legal Document (Payment Possibly Required) 20 Filed: 8/16/2021, Entered: 8/16/2021 waiver of service executed
WAIVER OF SERVICE RETURNED EXECUTED. Trevor R. Milton waiver sent on 8/3/2021, answer due 10/4/2021. Document filed by United States Securities and Exchange Commission..(Vydashenko, Nikolay)
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Legal Document (Payment Possibly Required) 19 Filed: 8/15/2021, Entered: 8/15/2021 Notice of Appearance
NOTICE OF APPEARANCE by Matthew D Podolsky on behalf of UNITED STATES OF AMERICA..(Podolsky, Matthew)
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Legal Document (Payment Possibly Required) 18 Filed: 8/15/2021, Entered: 8/15/2021 response in opposition to motionCourt Filing
LETTER RESPONSE in Opposition to Motion addressed to Judge Alvin K. Hellerstein from Terence Healy dated August 15, 2021 re: [16] LETTER MOTION for Extension of Time to File Response/Reply as to [12] MOTION to Dismiss or to Transfer Venue. addressed to Judge Alvin K. Hellerstein from Jordan Estes, Matthew Podolsky, Nicolas Roos dated August 13, 2021. . Document filed by Trevor R. Milton..(Healy, Terence)
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Legal Document (Payment Possibly Required) 17 Filed: 8/15/2021, Entered: 8/15/2021, Terminated: 8/15/2021 Motion for Extension of Time
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Extension of Time to Respond to Application to Intervene. Document filed by Trevor R. Milton..(Healy, Terence) Modified on 8/18/2021 (ldi).
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Legal Document (Payment Possibly Required) 16 Filed: 8/13/2021, Entered: 8/13/2021 Motion for Extension of Time to File Response/ReplyCourt Filing
LETTER MOTION for Extension of Time to File Response/Reply as to [12] MOTION to Dismiss or to Transfer Venue. addressed to Judge Alvin K. Hellerstein from Jordan Estes, Matthew Podolsky, Nicolas Roos dated August 13, 2021. Document filed by UNITED STATES OF AMERICA..(Estes, Jordan)
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Legal Document (Payment Possibly Required) 15 Filed: 8/13/2021, Entered: 8/13/2021 Notice of Appearance
NOTICE OF APPEARANCE by Nicolas Roos on behalf of UNITED STATES OF AMERICA..(Roos, Nicolas)
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Legal Document (Payment Possibly Required) 14 Filed: 8/9/2021, Entered: 8/9/2021 Memorandum of Law in Support of Motion
MEMORANDUM OF LAW in Support re: [13] MOTION to Intervene and for a Full Stay. . Document filed by UNITED STATES OF AMERICA..(Estes, Jordan)
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Legal Document (Payment Possibly Required) 13 Filed: 8/9/2021, Entered: 8/9/2021 Motion to Intervene
MOTION to Intervene and for a Full Stay. Document filed by UNITED STATES OF AMERICA..(Estes, Jordan)
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Legal Document (Payment Possibly Required) 12 Filed: 8/9/2021, Entered: 8/9/2021, Terminated: 8/9/2021 Motion to Dismiss
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss or to Transfer Venue. Document filed by Trevor R. Milton..(Healy, Terence) Modified on 8/18/2021 (ldi).
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Legal Document (Payment Possibly Required) 11 Filed: 8/2/2021, Entered: 8/2/2021 Summons issued
ELECTRONIC SUMMONS ISSUED as to Trevor R. Milton. (sj)
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Legal Document (Payment Possibly Required) 10 Filed: 8/2/2021, Entered: 8/2/2021 Notice of Appearance
NOTICE OF APPEARANCE by Terence Healy on behalf of Trevor R. Milton..(Healy, Terence)
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Legal Document (Payment Possibly Required) 9 Filed: 8/2/2021, Entered: 8/2/2021 Notice of Appearance
NOTICE OF APPEARANCE by Bradley Joseph Bondi on behalf of Trevor R. Milton..(Bondi, Bradley)
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Legal Document (Payment Possibly Required) 8 Filed: 7/30/2021, Entered: 7/30/2021 Request for Issuance of Summons
REQUEST FOR ISSUANCE OF SUMMONS as to Trevor R. Milton, re: [1] Complaint. Document filed by United States Securities and Exchange Commission..(Vydashenko, Nikolay)
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Legal Document (Payment Possibly Required) 7 Filed: 7/30/2021, Entered: 7/30/2021 Civil Cover Sheet
CIVIL COVER SHEET filed..(Vydashenko, Nikolay)
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Blank  Filed: None, Entered: None Notice Regarding Pro Hac Vice Motion
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [6] MOTION for Sarah S. Mallett to Appear Pro Hac Vice Sarah S. Mallett Motion for Admission Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff., [5] MOTION for Rebecca R. Fike to Appear Pro Hac Vice Rebecca R. Fike's Motion for Admission Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff., [4] MOTION for Keefe M. Bernstein to Appear Pro Hac Vice Keefe M. Bernstein's Motion for Admission Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
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Blank  Filed: None, Entered: None Notice to Attorney Regarding Deficient Request for Issuance of Summons
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Nikolay V Vydashenko to RE-FILE Document No. [3] Request for Issuance of Summons,. The filing is deficient for the following reason(s): party name on the PDF case caption must match exactly as it appears on the pleading caption and must not be abbreviated;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo)
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Blank  Filed: None, Entered: None Notice to Attorney Regarding Deficient Civil Cover Sheet
***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Nikolay V Vydashenko to RE-FILE Document No. [2] Civil Cover Sheet. The filing is deficient for the following reason(s): party name on the PDF case caption must match exactly as it appears on the pleading caption;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located athttp://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo)
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Blank  Filed: None, Entered: None Case Designated ECF.
Case Designated ECF. (jgo)
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Blank  Filed: None, Entered: None Case Designation
Magistrate Judge Gabriel W. Gorenstein is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo)
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Blank  Filed: None, Entered: None Case Opening Initial Assignment Notice
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alvin K. Hellerstein. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo)
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Blank  Filed: None, Entered: None Notice to Attorney Regarding Party Modification
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Nikolay V Vydashenko. The party information for the following party/parties has been modified: U.S. Securities and Exchange Commission. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (jgo)
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Blank  Filed: None, Entered: None Notice to Attorney Regarding Case Opening Statistical Error Correction
***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Nikolay V Vydashenko. The following case opening statistical information was erroneously selected/entered: Jury Demand code n (None); County code Albany;. The following correction(s) have been made to your case entry: the Jury Demand code has been modified to p (Plaintiff); the County code has been modified to XX Out of State;. (jgo)
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Legal Document (Payment Possibly Required) 6 Filed: 7/29/2021, Entered: 7/29/2021, Terminated: 9/3/2021 Motion to Appear Pro Hac Vice
MOTION for Sarah S. Mallett to Appear Pro Hac Vice Sarah S. Mallett Motion for Admission Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by U.S. Securities and Exchange Commission. (Attachments: # (1) Exhibit A-Mallett Declaration, # (2) Exhibit B-Texas Bar Certificate, # (3) Exhibit C-Supreme Ct Certificate, # (4) Text of Proposed Order).(Mallett, Sarah)
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Legal Document (Payment Possibly Required) 5 Filed: 7/29/2021, Entered: 7/29/2021, Terminated: 9/3/2021 Motion to Appear Pro Hac Vice
MOTION for Rebecca R. Fike to Appear Pro Hac Vice Rebecca R. Fike's Motion for Admission Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by U.S. Securities and Exchange Commission. (Attachments: # (1) Exhibit A-Fike Declaration, # (2) Exhibit B-Texas Bar Certificate, # (3) Exhibit C-Supreme Ct Certificate, # (4) Text of Proposed Order).(Fike, Rebecca)
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Legal Document (Payment Possibly Required) 4 Filed: 7/29/2021, Entered: 7/29/2021, Terminated: 9/3/2021 Motion to Appear Pro Hac Vice
MOTION for Keefe M. Bernstein to Appear Pro Hac Vice Keefe M. Bernstein's Motion for Admission Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by U.S. Securities and Exchange Commission. (Attachments: # (1) Exhibit A-Bernstein Declaration, # (2) Exhibit B-Texas Bar Certificate, # (3) Exhibit C-Supreme Ct Certificate, # (4) Text of Proposed Order).(Bernstein, Keefe)
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Legal Document (Payment Possibly Required) 3 Filed: 7/29/2021, Entered: 7/29/2021 Request for Issuance of Summons
REQUEST FOR ISSUANCE OF SUMMONS as to Trevor R. Milton, re: [1] Complaint. Document filed by U.S. Securities and Exchange Commission..(Vydashenko, Nikolay)
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Legal Document (Payment Possibly Required) 3 Filed: 7/29/2021, Entered: 7/29/2021 Request for Issuance of Summons
FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Trevor R. Milton, re: [1] Complaint. Document filed by U.S. Securities and Exchange Commission..(Vydashenko, Nikolay) Modified on 7/30/2021 (jgo).
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Legal Document (Payment Possibly Required) 2 Filed: 7/29/2021, Entered: 7/29/2021 Civil Cover Sheet
CIVIL COVER SHEET filed..(Vydashenko, Nikolay)
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Legal Document (Payment Possibly Required) 2 Filed: 7/29/2021, Entered: 7/29/2021 Civil Cover Sheet
FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Vydashenko, Nikolay) Modified on 7/30/2021 (jgo).
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Legal Document 1 Filed: 7/29/2021, Entered: 7/29/2021 Complaint
COMPLAINT against Trevor R. Milton. Document filed by U.S. Securities and Exchange Commission..(Vydashenko, Nikolay)
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Legal Document 1 Filed: 7/29/2021, Entered: 7/29/2021 Complaint
COMPLAINT against Trevor R. Milton. Document filed by U.S. Securities and Exchange Commission..(Vydashenko, Nikolay)
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