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232 |
Filed: 12/1/2008, Entered: None |
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ORDER granting 230 Motion for discharge as provided in therein. The Clerk shall close the file regardless of ongoing payments for disgorgement and civil penalties. Signed by Judge John E. Steele on 12/1/2008. (RKM) (Entered: 12/01/2008)
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Request |
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231 |
Filed: 11/10/2008, Entered: None |
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NOTICE by Mitchell E. Herr re 230 MOTION for miscellaneous relief, specifically FOR DISCHARGING ORDER , FINAL REPORT AND ACCOUNTING AND FINAL FEE PETITION Proposed Order (Attachments: # 1 Text of Proposed Order)(Herr, Mitchell) (Entered: 11/10/2008)
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Request |
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230 |
Filed: 11/10/2008, Entered: None |
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MOTION for miscellaneous relief, specifically FOR DISCHARGING ORDER , FINAL REPORT AND ACCOUNTING AND FINAL FEE PETITION by Mitchell E. Herr. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Herr, Mitchell) (Entered: 11/10/2008)
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Request |
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229 |
Filed: 2/7/2008, Entered: None |
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ORDER denying as moot 227 Motion for an order awarding final fees and costs and authorizing a final distribution, granting 228 Amended Motion as provided in the Order. See Order for details. Signed by Judge John E. Steele on 2/7/2008. (RKM) (Entered: 02/07/2008)
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Request |
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228 |
Filed: 1/15/2008, Entered: None |
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NOTICE by Mitchell E. Herr re 227 MOTION Receivers Accounting and Motion for an Order Awarding Final Fees and Costs and Authorizing a Final Distribution and Incorporated Memorandum of Law Receiver's Amended Motion for an Order Authorizing a Final Distribution (Attachments: # 1 Exhibit A)(Herr, Mitchell) (Entered: 01/15/2008)
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Request |
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227 |
Filed: 12/18/2007, Entered: None |
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MOTION Receivers Accounting and Motion for an Order Awarding Final Fees and Costs and Authorizing a Final Distribution and Incorporated Memorandum of Law by Mitchell E. Herr. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Herr, Mitchell) (Entered: 12/18/2007)
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Request |
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226 |
Filed: 10/25/2007, Entered: None |
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DISBURSEMENT CHECK number 10287 in the amount of $36,952.55 paid to Mitchell Herr, as receiver on 10/15/07. (drn) (Entered: 10/25/2007)
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Request |
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225 |
Filed: 9/17/2007, Entered: None |
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ORDER granting 222 Motion for attorney fees; and granting 224 Motion for release of funds as set forth in the Order. The Clerk shall release and disburse the amounts paid by Scott M. Fine in the Registry, plus interest but minus Registry fees, to Mitchell Herr as the Receiver and for the benefit of the receivership. See Order for details. Signed by Judge John E. Steele on 9/17/2007. (RKM) (Entered: 09/17/2007)
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Request |
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224 |
Filed: 8/31/2007, Entered: None |
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Unopposed MOTION for release of funds from Court's Registry to the Receivership Estate by Securities and Exchange Commission. (Martin, Christopher) (Entered: 08/31/2007)
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Request |
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223 |
Filed: 8/31/2007, Entered: None |
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NOTICE by Securities and Exchange Commission of Dismissal of Claims for Disgorgement, Prejudgment Interest and Civil Penalties Against Defendants KS Advisors, Inc., KS Condor Partners, Ltd., II & Damian Partners, LLC (Martin, Christopher) (Entered: 08/31/2007)
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Request |
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222 |
Filed: 8/16/2007, Entered: None |
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Fourth MOTION for attorney fees for Order Awarding Fees and Costs and Incorporated Memorandum of Law by Mitchell E. Herr. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit Composite C)(Herr, Mitchell) (Entered: 08/16/2007)
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Request |
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221 |
Filed: 8/15/2007, Entered: None |
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NOTICE by Mitchell E. Herr Receiver of Receipt of Settlement Funds and Payment to Special Counsel (Herr, Mitchell) (Entered: 08/15/2007)
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Request |
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220 |
Filed: 8/1/2007, Entered: None |
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CERTIFICATE of compliance re 219 Order on Motion to Approve Settlement, Receiver's Certification of Notice of Opinion and Order by Mitchell E. Herr. (Herr, Mitchell) (Entered: 08/01/2007)
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Request |
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219 |
Filed: 7/31/2007, Entered: None |
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OPINION AND ORDER granting 213 Motion to Approve Settlement and the settlement is approved; granting oral motion to seal the transcript of the hearing. The Receiver shall provide the investors, by mail or e-mail, notice of this Opinion and Order. See Opinion and Order for details. Signed by Judge John E. Steele on 7/31/2007. (RKM) (Entered: 07/31/2007)
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Request |
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218 |
Filed: 7/19/2007, Entered: None |
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ORDER granting 217 Motion to Appear Telephonically. Counsel for First Southwest Company will be contacted by the courtroom deputy at the allotted time for the hearing. See Order for details. Signed by Judge John E. Steele on 7/19/2007. (RKM) (Entered: 07/19/2007)
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Request |
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217 |
Filed: 7/18/2007, Entered: None |
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MOTION to Appear Telephonically by First Southwest Company (re: 215).(drn) Motions referred to Magistrate Judge Douglas N. Frazier. 7/19/2007 (Entered: 07/19/2007)
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Request |
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216 |
Filed: 7/12/2007, Entered: None |
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NOTICE by Mitchell E. Herr Receiver's Certification of Notice of Hearing (Herr, Mitchell) (Entered: 07/12/2007)
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Request |
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215 |
Filed: 6/28/2007, Entered: None |
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ORDER granting 214 Motion for Hearing and the Court will conduct a hearing on the 213 Motion to approve settlement on July 31, 2007, at 10:00 a.m. before the undersigned. Signed by Judge John E. Steele on 6/28/2007. (RKM) (Entered: 06/28/2007)
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Request |
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214 |
Filed: 6/27/2007, Entered: None |
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MOTION for Hearing and Receiver's Status Report by Mitchell E. Herr. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Text of Proposed Order)(Herr, Mitchell) (Entered: 06/27/2007)
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Request |
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213 |
Filed: 5/29/2007, Entered: None |
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MOTION to Approve Settlement by Mitchell E. Herr. (Attachments: # 1 Text of Proposed Order)(Herr, Mitchell) (Entered: 05/29/2007)
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Request |
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212 |
Filed: 4/5/2007, Entered: None |
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NOTICE by Securities and Exchange Commission of Filing Partial Release of Judgment Lien (Attachments: # 1 Partial Release of Judgment Lien)(Martin, Christopher) (Entered: 04/05/2007)
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Request |
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211 |
Filed: 4/3/2007, Entered: None |
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NOTICE by Mitchell E. Herr Notice of Partial Release of Lis Pendens and Amended Lis Pendens (Mercier, Judith) (Entered: 04/03/2007)
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Request |
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210 |
Filed: 2/22/2007, Entered: None |
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STATUS REPORT Re Pursuit of Claims Against First Southwest Company by Mitchell E. Herr. (Attachments: # 1 Exhibit A)(Herr, Mitchell) (Entered: 02/22/2007)
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Request |
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209 |
Filed: 11/13/2006, Entered: None |
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ORDER directing administrative closure pending the conclusion of all remaining matters. Signed by Judge John E. Steele on 11/13/2006. (RKM) (Entered: 11/13/2006)
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Request |
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208 |
Filed: 8/9/2006, Entered: None |
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NOTICE of Appearance by Beth Louise Clause on behalf of Robert Cantor, Dan Peterka, Dennis Porter, Alma Thomson, John Thomson (Clause, Beth) (Entered: 08/09/2006)
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Request |
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207 |
Filed: 4/7/2006, Entered: None |
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ORDER granting 205 Renewed Motion to Withdraw. Attorney Beth Clause is permitted to withdraw as counsel for Scott Fine. The Clerk shall add Scott M. Fine to the service list, his address is 1548 Whiskey Creek Drive, Fort Myers, FL 33919. Mr. Fine will be proceeding pro se that is without the benefit of counsel unless he retains counsel and counsel files a notice of appearance on his behalf. See Order for details. Signed by Judge Douglas N. Frazier on 4/7/2006. (brh) (Entered: 04/07/2006)
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Request |
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206 |
Filed: 4/6/2006, Entered: None |
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ORDER re 205 Second MOTION for Beth Clause to withdraw as attorney for Defendant Scott M. Fine directing the Clerk to accept and deposit the cashier's check in the amount of $19,664.87 as partial payment by Scott Fine towards the Supplemental Final Judgment. See Order for details. Signed by Judge John E. Steele on 4/6/2006. (RKM) (Entered: 04/06/2006)
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Request |
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205 |
Filed: 3/28/2006, Entered: None |
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Second MOTION for Beth Clause to withdraw as attorney for Defendant, Scott M. Fine by Scott Fine. (Attachments: # 1 Exhibit Letter to Clerk of Court dated 3.28.06)(Clause, Beth) (Entered: 03/28/2006)
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Request |
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204 |
Filed: 3/15/2006, Entered: None |
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ORDER denying 201 Motion to withdraw by Beth L. Clause. See Order for details. Signed by Judge Douglas N. Frazier on 3/15/2006. (brh) (Entered: 03/15/2006)
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Request |
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203 |
Filed: 3/8/2006, Entered: None |
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NOTICE by Kevin Boyle re 197 Judgment, 196 Order on motion for judgment, Order on motion for joinder, (slu) (Entered: 03/13/2006)
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Request |
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202 |
Filed: 3/10/2006, Entered: None |
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RESPONSE in opposition re 201 MOTION for Beth L. Clause to withdraw as attorney for Scott M. Fine Joint Response by Plaintiff and Receiver to Motion by Defendant Fine's Counsel to Withdraw filed by Securities and Exchange Commission. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7)(Herr, Mitchell) (Entered: 03/10/2006)
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Request |
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201 |
Filed: 3/10/2006, Entered: None |
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MOTION for Beth L. Clause to withdraw as attorney for Scott M. Fine by Scott Fine. (Clause, Beth) (Entered: 03/10/2006)
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Request |
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200 |
Filed: 2/13/2006, Entered: None |
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ORDER granting 199 Motion to withdraw. The Clerk is directed to remove Rodolfo Pittaluga, Jr. and Louise Brais from the service list. Signed by Judge Douglas N. Frazier on 2/13/2006. (brh) (Entered: 02/13/2006)
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Request |
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199 |
Filed: 2/10/2006, Entered: None |
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MOTION to withdraw Receiver's Motion to Withdraw Appearances of Mr. Pittaluga and Ms. Brais as his Counsel of Record by Mitchell E. Herr. (Herr, Mitchell) (Entered: 02/10/2006)
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Request |
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198 |
Filed: 2/9/2006, Entered: None |
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NOTICE by Mitchell E. Herr Amended Notice of Lis Pendens (Attachments: # 1 Exhibit A# 2 Exhibit B)(Herr, Mitchell) (Entered: 02/09/2006)
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Request |
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197 |
Filed: 2/6/2006, Entered: None |
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SUPPLEMENTAL FINAL JUDGMENT setting disgorgement and civil penalties in favor of Securities and Exchange Commission against Scott Fine and Kevin Boyle (Signed by Deputy Clerk) (slu) (Entered: 02/06/2006)
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Request |
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196 |
Filed: 2/6/2006, Entered: None |
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OPINION AND ORDER granting 170 Motion for judgment, granting 184 Motion for joinder as provided in the Opinion and Order. The Clerk shall enter the pre-prepared, attached Supplemental Final Judgment Setting Disgorgement and Civil Penalties Against Defendants Scott Fine and Kevin Boyle. Signed by Judge John E. Steele on 2/6/2006. (Attachments: #(1) Supplemental Judgment) (RKM) (Entered: 02/06/2006)
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Request |
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195 |
Filed: 2/6/2006, Entered: None |
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ORDER granting 185 Motion for attorney fees as provided in the Order. See Order for details. Signed by Judge John E. Steele on 2/6/2006. (RKM) (Entered: 02/06/2006)
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Request |
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194 |
Filed: 1/17/2006, Entered: None |
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EXHIBIT LIST by Scott Fine. (BMA ) (Entered: 01/17/2006)
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Request |
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193 |
Filed: 1/17/2006, Entered: None |
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EXHIBIT LIST by Securities and Exchange Commission. (BMA ) (Entered: 01/17/2006)
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Request |
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192 |
Filed: 1/17/2006, Entered: None |
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RESPONSE in opposition re 170 MOTION for Final judgment filed by Kevin Boyle. (BMA) (Entered: 01/17/2006)
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Request |
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191 |
Filed: 1/17/2006, Entered: None |
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MINUTE ENTRY for proceedings held before Judge John E. Steele : Evidentiary Hearing held on 1/17/2006. Written order to follow. Court Reporter: Jeffrey G. Thomas (BMA ) (Entered: 01/17/2006)
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Request |
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190 |
Filed: 1/17/2006, Entered: None |
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ORDER granting in part and denying in part 186 Motion in limine as set forth in the Order. See Order for details. Signed by Judge John E. Steele on 1/17/2006. (RKM) (Entered: 01/17/2006)
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Request |
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189 |
Filed: 1/17/2006, Entered: None |
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RESPONSE in opposition re 186 Joint MOTION in limine by SEC and Receiver filed by Scott Fine. (Attachments: # 1 Exhibit NASD Award Part 1# 2 Exhibit NASD Award Part 2# 3 Exhibit Exhibit Part 3# 4 Exhibit Echibit A-Part 4# 5 Exhibit Exhibit A - Part 5# 6 Exhibit Exhibit A - Part 6# 7 Exhibit Exhibit A - Part 7# 8 Exhibit Exhibit A-Part 8i# 9 Exhibit Exhibit A - Part 9# 10 Exhibit Exhibit A - Part 10# 11 Exhibit Exhibit A -Part 11# 12 Exhibit Exhibit B)(Clause, Beth) (Entered: 01/17/2006)
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Request |
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188 |
Filed: 1/13/2006, Entered: None |
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ORDER denying 187 Motion to continue. Signed by Judge John E. Steele on 1/13/2006. (RKM) (Entered: 01/13/2006)
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Request |
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187 |
Filed: 1/13/2006, Entered: None |
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MOTION to continue hearing by Scott Fine. (Clause, Beth) (Entered: 01/13/2006)
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Request |
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186 |
Filed: 1/12/2006, Entered: None |
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Joint MOTION in limine by SEC and by Mitchell E. Herr. (Attachments: # 1 Exhibit A - Fine Deposition Part 1# 2 Exhibit A - Fine Deposition Part 2# 3 Exhibit A - Fine Deposition Part 3# 4 Exhibit A - Fine Deposition Part 4# 5 Exhibit A - Fine Deposition Part 5# 6 Exhibit A - Fine Deposition Part 6)(Herr, Mitchell) (Entered: 01/12/2006)
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Request |
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185 |
Filed: 12/2/2005, Entered: None |
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Third MOTION for attorney fees Receiver's Third Motion for Order Awarding Fees and Costs and Incorporated Memorandum of Law by Mitchell E. Herr. (Attachments: # 1 # 2 # 3 # 4 # 5)(Mercier, Judith) (Entered: 12/02/2005)
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Request |
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184 |
Filed: 11/18/2005, Entered: None |
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MOTION for joinder Receiver's Joinder in SEC's Motion for Final Judgment Setting Disgorgement and Civil Penalties Against Defendants Scott Fine and Kevin Boyle by Mitchell E. Herr. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5)(Herr, Mitchell) (Entered: 11/18/2005)
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Request |
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183 |
Filed: 11/18/2005, Entered: None |
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RESPONSE re 182 Order on motion to compel and Receiver's First Request for Production filed by Scott Fine. (Clause, Beth) (Entered: 11/18/2005)
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Request |
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182 |
Filed: 11/15/2005, Entered: None |
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ORDER denying 171 Motion to Compel Defendant Fine to Produce Documents. See Order for details. Signed by Judge Douglas N. Frazier on 11/15/2005. (brh) (Entered: 11/15/2005)
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Request |
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181 |
Filed: 11/11/2005, Entered: None |
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RESPONSE in opposition re 171 First MOTION to compel Defendant Fine to Produce Documents filed by Scott Fine. (Clause, Beth) (Entered: 11/11/2005)
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Request |
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180 |
Filed: 11/11/2005, Entered: None |
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RESPONSE in opposition re 172 Unopposed MOTION for Extension of Time to File Response/Reply to Receiver's Motion to Compel filed by Scott Fine. (Clause, Beth) (Entered: 11/11/2005)
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Request |
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179 |
Filed: 11/7/2005, Entered: None |
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NOTICE by Mitchell E. Herr re 178 Order,, Receiver's Notice of Serving Disputed Claimants with the Court's November 4, 2005 Order Relating to the Disputed Claims (Attachments: # 1)(Mercier, Judith) (Entered: 11/07/2005)
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Request |
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178 |
Filed: 11/4/2005, Entered: None |
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ORDER that the Proof of Claim by Sprint (Yellow Pages) is allowed in the amount of $446.61 against KESCO Securities Corp. The Receiver's objection to the Proof of Claim of Banaszek is sustained, the Proof of Claim of Banaszek is allowed in the amount of $8,000.00 against Damian Partners, LLC. First Southwest and the Receiver have agreed that the Proof of Claim and any claims of the Receiver shall be determined in one forum and the matter is continued for a period of 6 months. The Receiver shall notify the Court, by filing a notice or motion, by May 4, 2006, if a hearing is required. See Order for details. Signed by Judge John E. Steele on 11/4/2005. (RKM) (Entered: 11/04/2005)
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Request |
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177 |
Filed: 11/4/2005, Entered: None |
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MINUTE ENTRY for proceedings held before Judge John E. Steele on 11/4/2005. Court Reporter: Jeffrey G. Thomas (BMA ) (Entered: 11/04/2005)
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Request |
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176 |
Filed: 10/27/2005, Entered: None |
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ORDER taking under advisement 170 Motion for judgment pending an evidentiary hearing. Counsel shall appear before the undersigned for an Evidentiary Hearing on Tuesday, January 17, 2006, at 2:30 P.M., in Courtroom A. See Order for details. Signed by Judge John E. Steele on 10/27/2005. (RKM) (Entered: 10/27/2005)
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Request |
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175 |
Filed: 10/26/2005, Entered: None |
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ORDER granting 158 Motion to revise interim distribution to the holders of undisputed claims. The Receiver is authorized to disburse the interim distribution amounts set forth in "Revised" Exhibit B for the undisputed claims forthwith. Signed by Judge John E. Steele on 10/26/2005. (RKM) (Entered: 10/26/2005)
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Request |
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174 |
Filed: 10/19/2005, Entered: None |
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RESPONSE in opposition re 170 MOTION for Final judgment filed by Scott Fine. (Attachments: # 1 Exhibit Exhibit A - First Southwest's Answer pgs. 1-4# 2 Exhibit Exhibit A - First Southwest's Answer pgs. 5-9# 3 Exhibit Exhibit B - pgs 1-4 of FSC Complaint# 4 Exhibit Exhibit B - pgs. 5-8 FSC Complaint)(Clause, Beth) (Entered: 10/19/2005)
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Request |
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173 |
Filed: 10/18/2005, Entered: None |
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ENDORSED ORDER granting 172 Motion for Extension of Time to Respond to Receiver's Motion to Compel. Scott Fine shall have until November 11, 2005, in which to respond to the Motion to Compel. Signed by Judge Douglas N. Frazier on 10/18/2005. (brh) (Entered: 10/18/2005)
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Request |
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172 |
Filed: 10/17/2005, Entered: None |
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Unopposed MOTION for Extension of Time to File Response/Reply to Receiver's Motion to Compel by Scott Fine. (Clause, Beth) (Entered: 10/17/2005)
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Request |
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171 |
Filed: 10/12/2005, Entered: None |
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First MOTION to compel Defendant Fine to Produce Documents by Mitchell E. Herr. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7)(Mercier, Judith) (Entered: 10/12/2005)
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Request |
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170 |
Filed: 10/4/2005, Entered: None |
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MOTION for Final judgment by Securities and Exchange Commission. (Attachments: # 1 Exhibit 1, Declaration of Maria M. Yip# 2 Exhibit 2, Prejudgment Interest Report for Fine# 3 Exhibit 3, Prejudgment Interest Report for Boyle# 4 Exhibit 4, Fine's Answer to Receiver's First Set of Interrogatories# 5 Exhibit 5, Scott Fine's Schedule and Supporting Documents# 6 Exhibit 5, continued 1-8# 7 Exhibit 5, continued 9-16# 8 Exhibit 5, continued 17-18# 9 Exhibit 5, continued 19-20# 10 Exhibit 5, continued 21-24# 11 Exhibit 5, continued 25-27# 12 Exhibit 5, continued 28-30# 13 Exhibit 5, continued 31-33# 14 Exhibit 5, continued 34-37# 15 Exhibit 5, continued 38-44# 16 Exhibit 5, continued 45-50# 17 Exhibit 5, continued 51-55# 18 Exhibit 5, continued 56-57# 19 Exhibit 5, continued 58-60# 20 Exhibit 5, continued 61-65# 21 Exhibit 5, continued 66-70# 22 Exhibit 5, continued 71-74# 23 Exhibit 5, continued 76-78# 24 Exhibit 5, continued 79-80# 25 Exhibit 5, continued 81-84# 26 Exhibit 5, continued 85-87# 27 Exhibit 5, continued 88-92# 28 Exhibit 5, continued 93-95# 29 Exhibit 5, continued 96-98# 30 Exhibit 5, continued 99-101# 31 Exhibit 5, continued 102-104# 32 Exhibit 5, continued 105-108# 33 Exhibit 5, continued 109-111# 34 Exhibit 5, continued 112-113# 35 Exhibit 5, continued 114-115# 36 Exhibit 5, continued 116-118# 37 Exhibit 5, Tab A# 38 Exhibit 5, Tab B# 39 Exhibit 5, Tab C# 40 Exhibit 5, Tab D# 41 Exhibit 5, Tab E# 42 Exhibit 6, Kevin Boyle's Schedule and Supporting Documents# 43 Exhibit 6, continued 1-4# 44 Exhibit 6, continued 5# 45 Exhibit 6, continued 6-7# 46 Exhibit 6, continued 8-10# 47 Exhibit 6, continued 11-12# 48 Exhibit 6, continued 13-14# 49 Exhibit 6, continued 15-16# 50 Exhibit 6, continued 17-19# 51 Exhibit 6, continued 20-22# 52 Exhibit 6, continued 23-24# 53 Exhibit 6, continued 25-26# 54 Exhibit 6, continued 27-28# 55 Exhibit 6, continued 29-30# 56 Exhibit 6, continued 31-32# 57 Exhibit 6, continued 33-36# 58 Exhibit 6, continued 37-40# 59 Exhibit 6, continued 41-44# 60 Exhibit 6, continued 45-47# 61 Exhibit 6, continued 48-51# 62 Exhibit 6, continued 52-55# 63 Exhibit 6, continued 56-58# 64 Exhibit 6, continued 59-62# 65 Exhibit 6, continued 63-65# 66 Exhibit 6, continued 66-67# 67 Exhibit 6, continued 68-69# 68 Exhibit 6, continued 70-72# 69 Exhibit 6, continued 73-76# 70 Exhibit 6, continued 77-79# 71 Exhibit 6, continued 80-82# 72 Exhibit 6, continued 83-84# 73 Exhibit 6, continued 85-87# 74 Exhibit 6, continued 88-90# 75 Exhibit 6, continued 91-93# 76 Exhibit 6, continued 94-96# 77 Exhibit 6, continued 97-98# 78 Exhibit 6, Tab A# 79 Exhibit 6, Tab B# 80 Exhibit 6, Tab C# 81 Exhibit 7, Sworn Statement of Kevin Boyle# 82 Text of Proposed Order Granting Plaintiff SEC's Motion for Final Judgment Setting Disgorgement and Civil Penalties Against Defendants Scott Fine and Kevin Boyle)(Martin, Christopher) (Entered: 10/04/2005)
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Request |
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169 |
Filed: 9/26/2005, Entered: None |
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ORDER granting 162 Motion to Withdraw and Stipulated Motion for Order Directing Transfer of Frozen Funds. The Clerk shall remove Mr. Hunt from the service list. Mr. Hunt shall transfer the proceeds of the sale of the townhouse, including any interest accrued thereon, to the trust account of Beth Clause, PLLC for deposit only. Ms. Clause shall be subject to the terms and conditions of the Order [Doc. 80] entered August 27, 2004, including not using the funds to pay attorney's fees. Signed by Judge Douglas N. Frazier on 9/26/2005. (brh) (Entered: 09/26/2005)
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Request |
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168 |
Filed: 9/22/2005, Entered: None |
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ORDER granting 165 Motion for disbursement of funds. See Order for details. Signed by Judge John E. Steele on 9/22/2005. (RKM) (Entered: 09/22/2005)
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Request |
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167 |
Filed: 9/22/2005, Entered: None |
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MEMORANDUM in opposition re 166 Notice (Other) Receiver's Memorandum in Response to Letter from Certain Damian Investors filed by Mitchell E. Herr. (Mercier, Judith) (Entered: 09/22/2005)
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Request |
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166 |
Filed: 9/21/2005, Entered: None |
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NOTICE by Mitchell E. Herr re 158 MOTION To Revise Interim Distribution To The Holders Of Undisputed Claims Receiver's Notice of Filing (Attachments: # 1)(Mercier, Judith) (Entered: 09/21/2005)
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Request |
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165 |
Filed: 9/21/2005, Entered: None |
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First MOTION for disbursement of funds Receiver's Motion for Order Authorizing Disbursement of Fees and Costs by Mitchell E. Herr. (Mercier, Judith) (Entered: 09/21/2005)
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Request |
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164 |
Filed: 9/21/2005, Entered: None |
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NOTICE by Mitchell E. Herr re 160 Order on motion to continue, 163 Notice of Hearing Receiver's Notice of Serving Disputed Claimants with the Court's September 13, 2005 Order and Notice of Hearing Dated September 21, 2005 Relating to The Disputed Claims (Attachments: # 1 # 2)(Mercier, Judith) (Entered: 09/21/2005)
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Request |
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163 |
Filed: 9/21/2005, Entered: None |
 |
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NOTICE of Hearing: Hearing re: Remaining Disputed Claims RESET for 11/4/2005 at 09:00 AM in Courtroom A before Judge John E. Steele. (BMA) (Entered: 09/21/2005)
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Request |
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162 |
Filed: 9/19/2005, Entered: None |
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STIPULATED MOTION for order directing transfer of frozen funds, MOTION for Clifford J. Hunt to withdraw as attorney by Scott Fine. (drn) (Entered: 09/19/2005)
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Request |
 |
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161 |
Filed: 9/19/2005, Entered: None |
 |
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ORDER granting 157 Motion for attorney fees to the extent described in the Order. See Order for details. Signed by Judge John E. Steele on 9/19/2005. (RKM) (Entered: 09/19/2005)
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Request |
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160 |
Filed: 9/13/2005, Entered: None |
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ORDER granting 159 Motion to continue and the hearing shall be re-set under separate notice after November 1, 2005. The Receiver shall serve the disputed claimants. Signed by Judge John E. Steele on 9/13/2005. (RKM) (Entered: 09/13/2005)
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Request |
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159 |
Filed: 9/12/2005, Entered: None |
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First MOTION to continue hearing by Scott Fine. (Clause, Beth) (Entered: 09/12/2005)
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Request |
 |
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158 |
Filed: 9/12/2005, Entered: None |
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MOTION To Revise Interim Distribution To The Holders Of Undisputed Claims by Mitchell E. Herr. (Attachments: # 1 Exhibit B# 2 Exhibit B-1)(Mercier, Judith) (Entered: 09/12/2005)
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Request |
 |
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157 |
Filed: 8/31/2005, Entered: None |
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Second MOTION for attorney fees Receiver's Second Motion for Order Awarding Fees and Reimbursement of Costs to Receiver and Professionals and Incorporated Memorandum of Law by Mitchell E. Herr. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8 # 9 # 10 # 11 # 12)(Mercier, Judith) (Entered: 08/31/2005)
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Request |
 |
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156 |
Filed: 8/24/2005, Entered: None |
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NOTICE by Mitchell E. Herr re 154 Order on motion for disbursement of funds, Receiver's Notice of Filing of Supplemental Certificate of Service of Motion Regarding Interim Distribution, The Court's August 23, 2005 Order and Notice of Hearing Relating to the Remaining Disputed Issues (Attachments: # 1)(Mercier, Judith) (Entered: 08/24/2005)
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Request |
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155 |
Filed: 8/24/2005, Entered: None |
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NOTICE of Hearing: Hearing re: Remaining Disputed Issues set for 10/25/2005 at 08:30 AM in Courtroom A before Judge John E. Steele. (BMA ) (Entered: 08/24/2005)
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Request |
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154 |
Filed: 8/23/2005, Entered: None |
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ORDER granting 153 Motion for disbursement of funds as provided in the Order. The Court will conduct a hearing on the remaining disputed claims to be established by separate notice. The Receiver shall serve the disputed claimants with a copy of this Order and the Notice to be issued. Signed by Judge John E. Steele on 8/23/2005. (RKM) (Entered: 08/23/2005)
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Request |
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153 |
Filed: 8/19/2005, Entered: None |
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Unopposed MOTION for disbursement of funds by Mitchell E. Herr. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Herr, Mitchell) (Entered: 08/19/2005)
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Request |
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152 |
Filed: 8/10/2005, Entered: None |
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ORDER re e-mail from Damain Partners' investors, denying request for disbursements, and directing that future communications should be directed to the Receiver.Signed by Judge John E. Steele on 8/10/2005. (RKM) (Entered: 08/10/2005)
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Request |
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151 |
Filed: 8/9/2005, Entered: None |
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ORDER granting 149 Motion for approval of engagement of special claims counsel. The Receiver may engage the services of Klein & Sallah, LLC and David R. Chase, P.A. to pursue claims against First Southwest Company. Signed by Judge John E. Steele on 8/9/2005. (RKM) (Entered: 08/09/2005)
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Request |
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150 |
Filed: 7/27/2005, Entered: None |
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STATUS REPORT of Receiver Regarding Claims Process by Mitchell E. Herr. (Herr, Mitchell) (Entered: 07/27/2005)
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Request |
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149 |
Filed: 7/15/2005, Entered: None |
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MOTION Receiver's Motion for Approval of Engagement of Special Claims Counsel by Mitchell E. Herr. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Herr, Mitchell) (Entered: 07/15/2005)
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Request |
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148 |
Filed: 7/14/2005, Entered: None |
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ORDER denying 134 Motion to dismiss. See Order for details. Signed by Judge John E. Steele on 7/14/2005. (RKM) (Entered: 07/14/2005)
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Request |
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147 |
Filed: 6/23/2005, Entered: None |
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SUPPLEMENT to Defendant's Response to Receiver's Motion for Order Requiring Dismissal by Scott Fine. (Attachments: # 1 Exhibit A# 2 Exhibit A-2# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E)(Clause, Beth) (Entered: 06/23/2005)
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Request |
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146 |
Filed: 6/23/2005, Entered: None |
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AMENDED DOCUMENT by Scott Fine. Amendment to 145 Response in opposition to motion Certificate of Service. (Clause, Beth) (Entered: 06/23/2005)
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Request |
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145 |
Filed: 6/22/2005, Entered: None |
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RESPONSE in opposition re 134 MOTION to dismiss Lawsuit and Incorporated Memorandum of Law filed by Scott Fine. (Clause, Beth) (Entered: 06/22/2005)
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Request |
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144 |
Filed: 6/21/2005, Entered: None |
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NOTICE by Mitchell E. Herr Reciver's Notice of Filing (Attachments: # 1 Exhibit A)(Herr, Mitchell) Attorney to resubmit document in that exhibit was inadvertently omitted. (Entered: 06/21/2005)
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Request |
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143 |
Filed: 6/17/2005, Entered: None |
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ORDER granting 142 Motion to extend time. Defendant shall file a response within 5 days of this Order. Signed by Judge John E. Steele on 6/17/2005. (RKM) (Entered: 06/17/2005)
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Request |
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142 |
Filed: 6/16/2005, Entered: None |
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First MOTION to extend time to respond to receiver's motion for order requiring dismissal of lawsuit filed against First Southwest Company by Scott Fine. (Clause, Beth) (Entered: 06/16/2005)
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Request |
 |
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141 |
Filed: 6/13/2005, Entered: None |
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NOTICE by Scott Fine of Service of Answers to Interrogatories (Hunt, Clifford) (Entered: 06/13/2005)
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Request |
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140 |
Filed: 5/11/2005, Entered: None |
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AMENDED ORDER amending re 139 Order on motion to expedite to add attachment. Signed by Judge John E. Steele on 5/11/2005. (Attachments: # 1 Exhibit May 9, 2005 letter)(RKM) (Entered: 05/11/2005)
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Request |
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139 |
Filed: 5/11/2005, Entered: None |
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ORDER denying 135 Motion to expedite. The Clerk shall provide counsel Beth L. Clause a copy of this Order. See Order for details. Signed by Judge John E. Steele on 5/11/2005. (RKM) (Entered: 05/11/2005)
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Request |
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138 |
Filed: 5/10/2005, Entered: None |
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RESPONSE re 135 MOTION to expedite Time for Scott Fine and Attorney Clause to Respond to Receiver's Motion for an Order Requiring Dismissal of Lawsuit and Receiver's Response to Letter Request of May 9, 2005 by Attorney Beth L. Clause filed by Mitchell E. Herr. (Herr, Mitchell) (Entered: 05/10/2005)
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Request |
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137 |
Filed: 5/10/2005, Entered: None |
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RESPONSE in opposition re 135 MOTION to expedite Time for Scott Fine and Attorney Clause to Respond to Receiver's Motion for an Order Requiring Dismissal of Lawsuit filed by Scott Fine. (drn) (Entered: 05/10/2005)
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Request |
 |
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136 |
Filed: 5/6/2005, Entered: None |
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STATUS REPORT Receiver's Report Regarding Issuance of Requests for Proposals to Act as Special Claims Counsel by Mitchell E. Herr. (Attachments: # 1 Exhibit A)(Herr, Mitchell) (Entered: 05/06/2005)
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Request |
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135 |
Filed: 4/28/2005, Entered: None |
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MOTION to expedite Time for Scott Fine and Attorney Clause to Respond to Receiver's Motion for an Order Requiring Dismissal of Lawsuit by Mitchell E. Herr. (Herr, Mitchell) (Entered: 04/28/2005)
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Request |
 |
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134 |
Filed: 4/28/2005, Entered: None |
Motion to Dismiss |
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MOTION to dismiss Lawsuit and Incorporated Memorandum of Law by Mitchell E. Herr. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F1# 7 Exhibit F2# 8 Exhibit G# 9 Exhibit H)(Herr, Mitchell) (Entered: 04/28/2005)
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Request |
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133 |
Filed: 3/4/2005, Entered: None |
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ORDER granting the motion for order approving proof of claim form and notice of bar date; the proof of claim for and notice of bar date are approved. See order for details. Signed by Judge John E. Steele on 3/4/2005. (kma) (Entered: 03/08/2005)
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Request |
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Save 25% on a pre-paid one year subscription. |
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132 |
Filed: 3/3/2005, Entered: None |
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RECEIVER'S SECOND INTERIM REPORT. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit # 8 Exhibit # 9 Exhibit)(Herr, Mitchell). Modified on 10/27/2005 (RKM). (Entered: 03/03/2005)
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Request |
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131 |
Filed: 3/3/2005, Entered: None |
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NOTICE by Mitchell E. Herr Receiver's Unopposed Motion for Order Approving Proof of Claim Form and Notice(s) of Bar Date, and Incorporated Memorandum of Law In Support Thereof (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Herr, Mitchell) (Entered: 03/03/2005)
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Request |
 |
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130 |
Filed: 2/18/2005, Entered: None |
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|
OBJECTION re 108 First MOTION for disbursement of funds Receiver's Motion for an Order Disbursing Fees and Costs Awarded by Arlyn Lanting. (slu) (Entered: 02/24/2005)
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Request |
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129 |
Filed: 2/16/2005, Entered: None |
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|
OBJECTION re 108 First MOTION for disbursement of funds Receiver's Motion for an Order Disbursing Fees and Costs Awarded by Mayur Patel, Amita Patel. (slu) (Entered: 02/24/2005)
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Request |
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128 |
Filed: 2/14/2005, Entered: None |
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OBJECTION re 108 First MOTION for disbursement of funds Receiver's Motion for an Order Disbursing Fees and Costs Awarded by Bhaskar Patel, Saroj Patel. (slu) (Entered: 02/24/2005)
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Request |
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127 |
Filed: 2/22/2005, Entered: None |
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ORDER directing the Clerk to send the February 22, 2005, investor letters to the Receiver and to forward all future letters from investors to the Receiver, unless otherwise notified. Signed by Judge John E. Steele on 2/22/2005. (RKM) (Entered: 02/22/2005)
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Request |
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126 |
Filed: 2/22/2005, Entered: None |
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ORDER directing the Clerk to file the three letters sent to Chambers and to send a copy of the letters to the Receiver. Signed by Judge John E. Steele on 2/22/2005. (RKM) (Entered: 02/22/2005)
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Request |
 |
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125 |
Filed: 2/1/2005, Entered: None |
 |
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ORDER directing the Receiver to file a detailed interim report within 30 days as provided in the Order. The Clerk shall forward the original letter by the investor, received in Chambers, to the Receiver for consideration. Signed by Judge John E. Steele on 2/1/2005. (RKM) (Entered: 02/01/2005)
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Request |
 |
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124 |
Filed: 1/26/2005, Entered: None |
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|
MOTION for reconsideration by Bhaskar Patel, Bipin M. Shah. (js) (Entered: 01/30/2005)
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Request |
 |
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123 |
Filed: 1/27/2005, Entered: None |
 |
|
ORDER re 121 Order on motion for disbursement of funds directing that the fees to Diamond Security be disbursed on a pro rata basis, and the case shall remain pending for further proceedings based on 122 Notice (Other) filed by Mitchell E. Herr. See Order for details. Signed by Judge John E. Steele on 1/27/2005. (RKM) (Entered: 01/27/2005)
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Request |
 |
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122 |
Filed: 1/26/2005, Entered: None |
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NOTICE by Mitchell E. Herr re 119 Order Dated January 11, 2005 (Herr, Mitchell) (Entered: 01/26/2005)
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Request |
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121 |
Filed: 1/25/2005, Entered: None |
 |
|
ORDER granting 120 Motion for disbursement of funds and the Receiver is authorized to pay Diamond Security $3,378.50 in fees. The Clerk shall file the investors' letter dated January 19, 2005, as a Motion for Reconsideration and send a copy of the letter to the Receiver. The Motion for Reconsideration is denied. Signed by Judge John E. Steele on 1/25/2005. (RKM) (Entered: 01/25/2005)
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Request |
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120 |
Filed: 1/18/2005, Entered: None |
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|
First MOTION for disbursement of funds Receiver's Motion for Order Awarding Fees to Diamond Security by Mitchell E. Herr. (Attachments: # 1 Exhibit A - Order Granting Receiver's Motion for Order Awarding Fees to Diamond# 2 Exhibit B - Receiver's First Interim Report# 3 Exhibit C - Diamond Invoice)(Mercier, Judith) (Entered: 01/18/2005)
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Request |
 |
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119 |
Filed: 1/11/2005, Entered: None |
 |
|
ORDER directing plaintiff to notify the Court within 10 days whether the case is due to be closed. See Order for details. Signed by Judge John E. Steele on 1/11/2005. (RKM) (Entered: 01/11/2005)
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|
Request |
 |
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118 |
Filed: 1/11/2005, Entered: None |
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|
NOTICE of Settlement Effectiveness by Mitchell E. Herr (Herr, Mitchell) (Entered: 01/11/2005)
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|
Request |
 |
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117 |
Filed: 12/28/2004, Entered: None |
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|
NOTICE that 116 Judgment (2255) was docketed in this case due to clerical error. PDF document associated with the entry has been removed and the case remains open. (kma) (Entered: 12/28/2004)
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|
Request |
 |
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115 |
Filed: 12/27/2004, Entered: None |
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|
APPROVED settlement agreement and general release pursuant to 114 order (kma) (Entered: 12/28/2004)
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|
Request |
 |
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114 |
Filed: 12/27/2004, Entered: None |
 |
|
ORDER finding as moot 85 agreed motion temporarily freezing assets of third party Robin Cohen, granting 109 Motion for approval of settlement. The Settlement Agreement and General Release is approved and the Clerk shall separately file a copy of the Settlement Agreement and General Release as "Approved Settlement Agreement and General Release." Signed by Judge John E. Steele on 12/27/2004. (RKM) (Entered: 12/27/2004)
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|
Request |
 |
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113 |
Filed: 12/27/2004, Entered: None |
 |
|
ORDER granting 66 Motion for Order Awarding Fees and Reimbursement of Costs to Receiver and his Professionals, adopting Report and Recommendations re 105 Report and Recommendations, granting 108 Motion for disbursement of funds. See Order for details. Signed by Judge John E. Steele on 12/27/2004. (RKM) (Entered: 12/27/2004)
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|
Request |
 |
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112 |
Filed: 12/27/2004, Entered: None |
 |
|
JUDGMENT OF PERMANENT INJUNCTION AND OTHER RELIEF against defendants KS Advisors, Inc., KS Condor Partners, LTD., II, and Damian Partners, LLC. Signed by Judge John E. Steele on 12/27/2004. (RKM) (Entered: 12/27/2004)
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|
Request |
 |
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111 |
Filed: 12/27/2004, Entered: None |
 |
|
AMENDED ORDER amending re 80 Order on motion for order to show cause. Signed by Judge John E. Steele on 12/27/2004. (RKM) (Entered: 12/27/2004)
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|
Request |
 |
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|
110 |
Filed: 12/27/2004, Entered: None |
 |
|
ORDER granting 82 motion to amend/correct 80 Order. An Amended Order deleting the last sentence in paragraph one on page one and the first full paragraph on page two shall be entered separately. Signed by Judge John E. Steele on 12/27/2004. (RKM) (Entered: 12/27/2004)
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|
Request |
 |
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109 |
Filed: 12/27/2004, Entered: None |
|
|
MOTION Approval of Settlement by Mitchell E. Herr. (Herr, Mitchell) (Entered: 12/27/2004)
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|
Request |
 |
|
|
108 |
Filed: 12/14/2004, Entered: None |
|
|
First MOTION for disbursement of funds Receiver's Motion for an Order Disbursing Fees and Costs Awarded by Mitchell E. Herr. (Mercier, Judith) (Entered: 12/14/2004)
|
|
Request |
 |
|
|
107 |
Filed: 12/7/2004, Entered: None |
 |
|
ORDER denying 106 Receiver's Request for Clarification of November 30, 2004 Report and Recommendation. See Order for details. Signed by Judge Douglas N. Frazier on 12/7/2004. (brh) (Entered: 12/07/2004)
|
|
Request |
 |
|
|
106 |
Filed: 12/3/2004, Entered: None |
|
|
First MOTION to modify Receiver's Request for Clarification of 11/30/04 Report & Recommendations by Mitchell E. Herr. (Mercier, Judith) (Entered: 12/03/2004)
|
|
Request |
 |
|
|
105 |
Filed: 11/30/2004, Entered: None, Terminated: 12/27/2004 |
 |
|
REPORT AND RECOMMENDATION recommending that 66 the Motion for Order Awarding Fees and Reimbursement of Costs to Receiver and His Professionals be granted in part. See Report and Recommendation for details. Signed by Judge Douglas N. Frazier on 11/30/2004. Signed by Judge Douglas N. Frazier on 11/30/2004. (brh) (Entered: 11/30/2004)
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|
Request |
 |
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|
104 |
Filed: 11/10/2004, Entered: None |
|
|
COURT'S EXHIBIT LIST (BJH, ) (Entered: 11/10/2004)
|
|
Request |
 |
|
|
103 |
Filed: 11/10/2004, Entered: None |
 |
|
Minute Entry for proceedings held before Judge Douglas N. Frazier : Evidentiary Hearing held on 11/10/2004. (Court Reporter NMRS-Patsy Coleman.) (BJH, ) (Entered: 11/10/2004)
|
|
Request |
 |
|
|
102 |
Filed: 11/5/2004, Entered: None |
 |
|
ORDER granting 98 Receiver's Request for Telephonic Status Conference. Signed by Judge Douglas N. Frazier on 11/5/2004. (brh) (Entered: 11/05/2004)
|
|
Request |
 |
|
|
101 |
Filed: 11/5/2004, Entered: None |
 |
|
Minute Entry for proceedings held before Judge Douglas N. Frazier : Telephone Conference regarding hearing for 11/10/04 held on 11/5/2004. (Court Reporter NMRS-Patsy Coleman.) (BJH, ) (Entered: 11/05/2004)
|
|
Request |
 |
|
|
100 |
Filed: 11/3/2004, Entered: None |
 |
|
NOTICE of Hearing: Telephone Conference set for 11/5/2004 11:15 AM in Courtroom C before Magistrate Judge Douglas N. Frazier. Mr. John Hogan is to notify any other parties wishing to participate in the telephone conference and to notify or leave a message with the Courtroom Deputy, Bette-Jo Herren at 461-2007 of the parties who will be participating in the conference and their telephone numbers prior to this hearing. (BJH, ) (Entered: 11/03/2004)
|
|
Request |
 |
|
|
99 |
Filed: 11/2/2004, Entered: None |
 |
|
ORDER granting 97 Motion for clarification to the extent provided in the Order. See Order for details. Signed by Judge John E. Steele on 11/2/2004. (RKM) (Entered: 11/02/2004)
|
|
Request |
 |
|
|
98 |
Filed: 11/1/2004, Entered: None |
 |
|
MOTION Request for Telephonic Status Conference With Magistrate Judge Frazier by Mitchell E. Herr. (Herr, Mitchell) (Entered: 11/01/2004)
|
|
Request |
 |
|
|
97 |
Filed: 10/29/2004, Entered: None |
|
|
MOTION for clarification re 94 Order of October 22, 2004 on Receiver's Fee Motion by Mitchell E. Herr. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B-1# 3 Exhibit Exhibit B-2# 4 Exhibit Exhibit C# 5 Exhibit Exhibit D# 6 Exhibit Exhibit E)(Herr, Mitchell) (Entered: 10/29/2004)
|
|
Request |
 |
|
|
96 |
Filed: 10/28/2004, Entered: None |
 |
|
AMENDED NOTICE of Hearing on Motion 66 Motion Hearing set for 11/10/2004 10:00 AM in Courtroom C before Magistrate Judge Douglas N. Frazier. (PARTIES ARE TO NOTE THIS IS AN EVIDENTIARY HEARING)(BJH, ) (Entered: 10/28/2004)
|
|
Request |
 |
|
|
95 |
Filed: 10/27/2004, Entered: None |
 |
|
NOTICE of Hearing on Motion 66 Motion for Order Awarding Fees and Reimbursement of Costs to Receiver and his Professionals: Motion Hearing set for 11/10/2004 10:00 AM in Courtroom 5 C before Magistrate Judge Douglas N. Frazier. (BJH, ) (Entered: 10/27/2004)
|
|
Request |
 |
|
|
94 |
Filed: 10/22/2004, Entered: None |
 |
|
ORDER referring motion for report and recommendation: 66 Motion for miscellaneous relief filed by KS Condor Partners, LTD, II, Damian Partners, LLC, Mitchell E. Herr. See Order for details. Signed by Judge John E. Steele on 10/22/2004. (dcp) (Entered: 10/22/2004)
|
|
Request |
 |
|
|
93 |
Filed: 10/21/2004, Entered: None |
 |
|
ORDER referring motion for report and recommendation: 66 Motion for miscellaneous relief filed by KS Condor Partners, LTD, II, Damian Partners, LLC, Mitchell E. Herr. See Order for details. Signed by Judge John E. Steele on 10/21/2004. (RKM) (Entered: 10/21/2004)
|
|
Request |
 |
|
|
92 |
Filed: 10/21/2004, Entered: None |
|
|
CONSENT DECREE by Securities and Exchange Commission. (Attachments: # 1 Text of Proposed Order proposed Judgment of Permanent Injunction)(Martin, Christopher) (Entered: 10/21/2004)
|
|
Request |
 |
|
|
91 |
Filed: 10/21/2004, Entered: None |
|
|
NOTICE by Securities and Exchange Commission of filing Consent of Defendants KS Advisors, Inc., KS Condor Partners, Ltd., II and Damian Partners, LLC (Martin, Christopher) (Entered: 10/21/2004)
|
|
Request |
 |
|
|
90 |
Filed: 10/20/2004, Entered: None |
 |
|
ORDER denying 74 Motion for an Order Pooling the Assets and Liabilities of the Receivership Entities. Signed by Judge John E. Steele on 10/20/2004. (RKM) (Entered: 10/20/2004)
|
|
Request |
 |
|
|
89 |
Filed: 10/18/2004, Entered: None |
 |
|
ORDER finding as moot 78 Motion for leave to file reply. Signed by Judge John E. Steele on 10/18/2004. (RKM) (Entered: 10/18/2004)
|
|
Request |
 |
|
|
88 |
Filed: 10/18/2004, Entered: None |
 |
|
ORDER granting in part and denying in part 73 Motion for Order for an Extension of the Freeze Over Third-Party Robin Cohen's Assets. See Order for details. Signed by Judge John E. Steele on 10/18/2004. (RKM) (Entered: 10/18/2004)
|
|
Request |
 |
|
|
87 |
Filed: 10/18/2004, Entered: None |
 |
|
ORDER terminating 67 Application for turnover order as a motion based on the 69 Notice of Withdrawal. Signed by Judge John E. Steele on 10/18/2004. (RKM) (Entered: 10/18/2004)
|
|
Request |
 |
|
|
86 |
Filed: 10/5/2004, Entered: None |
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JOINDER in motion by Securities and Exchange Commission re 82 MOTION to amend/correct 80 Order on motion for order to show cause filed by Mitchell E. Herr. (Martin, Christopher) (Entered: 10/05/2004)
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Request |
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85 |
Filed: 9/23/2004, Entered: None |
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First MOTION Agreed Motion Temporarily Freezing Assets of Third Party Robin Cohen by Mitchell E. Herr. (Mercier, Judith) (Entered: 09/23/2004)
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Request |
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84 |
Filed: 9/22/2004, Entered: None |
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NOTICE by Mitchell E. Herr Notice of Investors' Responses to the Receiver's Motion to Pool the Assets and Liabilities of the Receivership Entities (Attachments: # 1 Exhibit A-1# 2 Exhibit A-2# 3 Exhibit B# 4 Exhibit C)(Herr, Mitchell) (Entered: 09/22/2004)
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Request |
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83 |
Filed: 9/22/2004, Entered: None |
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NOTICE by Mitchell E. Herr Of Filing of Shah Family Letter (Attachments: # 1 Exhibit A1# 2 Exhibit A2)(Herr, Mitchell) (Entered: 09/22/2004)
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Request |
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82 |
Filed: 9/20/2004, Entered: None |
Motion to Amend/Correct |
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MOTION to amend/correct 80 Order on motion for order to show cause by Mitchell E. Herr. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Brais, Louise) (Entered: 09/20/2004)
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Request |
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81 |
Filed: 8/30/2004, Entered: None |
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ORDER granting in part and denying in part 79 Motion to extend time. See Order for details. Signed by Judge John E. Steele on 8/30/2004. (RKM) (Entered: 08/30/2004)
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Request |
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80 |
Filed: 8/27/2004, Entered: None |
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ORDER granting in part and denying in part 70 Motion for order to show cause. See Order for Details. Signed by Judge John E. Steele on 8/27/2004. (RKM) (Entered: 08/27/2004)
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Request |
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79 |
Filed: 8/20/2004, Entered: None |
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First MOTION to extend time to Investors To Respond To Motion for An Order Pooling The Assets and Liabilities Of The Receivership Entities by Mitchell E. Herr. (Mercier, Judith) (Entered: 08/20/2004)
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Request |
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78 |
Filed: 8/10/2004, Entered: None |
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First MOTION for leave to file Receiver's Reply by Mitchell E. Herr. (Attachments: # 1 Exhibit Receiver's Reply)(Mercier, Judith) (Entered: 08/10/2004)
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Request |
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77 |
Filed: 8/2/2004, Entered: None |
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RESPONSE to motion re 70 MOTION for issuance of order to show filed by Scott Fine. (lap, ) Imaged document added on 8/27/2004 (lks, ). Modified on 8/27/2004 (lks, ). Additional attachment(s) added on 8/27/2004 (lks, ). (Entered: 08/04/2004)
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Request |
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76 |
Filed: 8/2/2004, Entered: None |
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NOTICE of Appearance by Clifford Jay Hunt on behalf of Scott Fine (lap, ) (Entered: 08/04/2004)
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Request |
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75 |
Filed: 7/15/2004, Entered: None |
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NOTICE of Lis Pendens by Mitchell E. Herr (lap, ) (Entered: 07/27/2004)
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Request |
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74 |
Filed: 7/23/2004, Entered: None |
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MOTION For An Order Pooling The Assets and Liabilities of the Receivership Entities by Mitchell E. Herr. (Mercier, Judith) (Entered: 07/23/2004)
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Request |
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73 |
Filed: 7/22/2004, Entered: None |
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MOTION An Order For An Extension of the Freeze Over Third-Party Robin Cohen's Assets by Mitchell E. Herr. (Mercier, Judith) (Entered: 07/22/2004)
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Request |
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72 |
Filed: 7/22/2004, Entered: None |
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NOTICE OF WITHDRAWAL by Mitchell E. Herr of 67 application for turnover order. (MAA) (Entered: 07/22/2004)
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Request |
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71 |
Filed: 7/16/2004, Entered: None |
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ORDER granting 68 Motion to Withdraw as Counsel of Record for Scott Fine. Attorney Peter B. King and Michael S. Lamont shall have no further responsibility in this case. Mr. Fine has thirty (30) days to retain counsel. If new counsel has not filed a notice of appearance in this time period, Mr. Fine will then be proceeding pro se. Signed by Judge Douglas N. Frazier on 7/16/2004. (brh) (Entered: 07/16/2004)
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Request |
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70 |
Filed: 7/15/2004, Entered: None |
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MOTION for issuance of order to show cause Why S. Fine Should Not Be Held In Contempt by Mitchell E. Herr. (Attachments: # 1 Exhibit A-Freeze Order# 2 Exhibit B-June 1 letter# 3 Exhibit C-HUD Statement# 4 Exhibit D-Original Proceeds Check# 5 Exhibit E-Reissued Proceeds Check# 6 Exhibit F-Sygman order)(Mercier, Judith) (Entered: 07/15/2004)
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Request |
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69 |
Filed: 7/15/2004, Entered: None |
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NOTICE by Mitchell E. Herr Notice of Withdrawal of Application For Turnover Order (Mercier, Judith) (Entered: 07/15/2004)
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Request |
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68 |
Filed: 7/9/2004, Entered: None |
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MOTION for Peter B. King to withdraw as attorney by Scott Fine. (lap, ) (Entered: 07/14/2004)
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Request |
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67 |
Filed: 7/2/2004, Entered: None |
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MOTION by Mitchell E. Herr with memorandum in support for turnover order (lap) (Entered: 07/06/2004)
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Request |
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66 |
Filed: 6/22/2004, Entered: None |
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MOTION by KS Condor Partners, Damian Partners, LLC, Mitchell E. Herr with memorandum in support for order awarding fees and reimbursement of costs to receiver and his professionals (lap) (Entered: 06/24/2004)
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Request |
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65 |
Filed: 5/26/2004, Entered: None |
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ORDER granting [40-1] motion for order expanding the receivership ( Signed by Judge John E. Steele ) ctc (lap) (Entered: 05/28/2004)
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Request |
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64 |
Filed: 5/25/2004, Entered: None |
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ORDER granting receiver's agreed motion freezing assets of Defendant Kevin Boyle ( Signed by Judge John E. Steele ) ctc (lap) (Entered: 05/25/2004)
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Request |
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63 |
Filed: 5/25/2004, Entered: None |
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ORDER granting [56-1] motion for an order to freeze assets of Scott Fine ( Signed by Judge John E. Steele ) ctc (lap) (Entered: 05/25/2004)
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Request |
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62 |
Filed: 5/25/2004, Entered: None |
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JUDGMENT of permanent injunction and other relief against Defendant Scott Fine. Civil appeals checklist mailed. ( Signed by Judge John E. Steele ) ctc (lap) (Entered: 05/25/2004)
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Request |
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61 |
Filed: 5/25/2004, Entered: None |
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JUDGMENT of Permanent Injunction and other relief against Defendant Kevin Boyle. Civil appeals checklist mailed. ( Signed by Judge John E. Steele ) ctc (lap) (Entered: 05/25/2004)
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Request |
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60 |
Filed: 5/25/2004, Entered: None |
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ORDER granting [56-1] motion for an order to freeze assets of Scott Fine denying [39-1] motion to expand the order of preliminary injunction granting [59-1] motion to freeze assets granting [40-1] motion for order expanding the receivership ( Signed by Judge John E. Steele ) ctc (lap) (Entered: 05/25/2004)
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Request |
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59 |
Filed: 5/24/2004, Entered: None |
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MOTION by KS Advisors, Inc., KS Condor Partners, Damian Partners, LLC, Mitchell E. Herr to freeze assets (lap) (Entered: 05/24/2004)
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Request |
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58 |
Filed: 5/21/2004, Entered: None |
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CONSENT of Defendant Scott Fine to Entry of Judgment of Permanent Injunction and other relief by Scott Fine. (drn) (Entered: 05/21/2004)
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Request |
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57 |
Filed: 5/21/2004, Entered: None |
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NOTICE of Filing Consent of Defendant Scott Fine to Entry of Judgment of Permanent Injunction and other Relief by Securities & Exchang. Proposed Judgment of Permanent Injunction and other Relief Against Defendant Scott Fine attached. (drn) Modified on 05/21/2004 (Entered: 05/21/2004)
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Request |
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56 |
Filed: 5/4/2004, Entered: None, Terminated: 5/25/2004 |
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MOTION by Mitchell E. Herr for an order to freeze assets of Scott Fine (lap) (Entered: 05/04/2004)
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Request |
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55 |
Filed: 4/28/2004, Entered: None |
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RECEIVER'S First Interim Report by Mitchell E. Herr. (drn) (Entered: 04/30/2004)
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Request |
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54 |
Filed: 4/26/2004, Entered: None |
 |
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ORDER granting [47-1] consent motion (agreed) for order freezing for 90 days all assets granting [51-1] consent motion (unopposed) to deposit funds (Signed by Judge John E. Steele) ctc (drn) (Entered: 04/26/2004)
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Request |
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53 |
Filed: 4/22/2004, Entered: None |
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ORDER granting nunc pro tunc [48-1] consent motion (agreed) to extend time to file response to motion for order expanding the receivership ( Signed by Magistrate Judge Douglas N. Frazier ) ctc (sll) (Entered: 04/23/2004)
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Request |
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52 |
Filed: 4/22/2004, Entered: None |
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CASE MANAGEMENT REPORT (sll) (Entered: 04/22/2004)
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Request |
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51 |
Filed: 4/22/2004, Entered: None |
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UNOPPOSED MOTION by Mitchell E. Herr (unopposed) to deposit funds in Wachovia Incorporated (sll) (Entered: 04/22/2004)
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Request |
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50 |
Filed: 4/21/2004, Entered: None |
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CERTIFICATE OF COMPLIANCE by KS Advisors, Inc., KS Condor Partners, Damian Partners, LLC, Mitchell E. Herr Re: [24-1] order (sll) (Entered: 04/21/2004)
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Request |
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49 |
Filed: 4/21/2004, Entered: None |
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NOTICE by KS Advisors, Inc., KS Condor Partners, Damian Partners, LLC, Mitchell E. Herr of pendency of other actions re: order of compliance to local rule (sll) (Entered: 04/21/2004)
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Request |
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48 |
Filed: 4/20/2004, Entered: None, Terminated: 4/22/2004 |
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AGREED MOTION by Scott Fine (agreed) to extend time to file response to motion for order expanding the receivership referred to Magistrate Judge Douglas N. Frazier (proposed order attached) (sll) (Entered: 04/21/2004)
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Request |
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47 |
Filed: 4/20/2004, Entered: None, Terminated: 4/26/2004 |
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AGREED MOTION by Mitchell E. Herr (agreed) for order freezing for 90 days all assets of third party Robin Cohen (sll) (Entered: 04/20/2004)
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Request |
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46 |
Filed: 4/14/2004, Entered: None |
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RESPONSE and Memorandum of Law by Kevin Boyle to [39-1] motion to expand the order of preliminary injunction. (drn) (Entered: 04/16/2004)
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Request |
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45 |
Filed: 4/12/2004, Entered: None |
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CERTIFICATE OF SERVICE of [40-1] motion for order expanding the receivership by Securities & Exchang (lap) (Entered: 04/13/2004)
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Request |
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44 |
Filed: 4/9/2004, Entered: None |
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CONSENT by Kevin Boyle to entry of final judgment of permanent injunction and other relief (lap) (Entered: 04/12/2004)
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Request |
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43 |
Filed: 4/9/2004, Entered: None |
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NOTICE of filing consent by Securities & Exchang (lap) (Entered: 04/12/2004)
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Request |
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42 |
Filed: 4/6/2004, Entered: None |
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SUPPLEMENT by Mitchell E. Herr to [40-1] motion for order expanding the receivership (sll) (Entered: 04/07/2004)
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Request |
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41 |
Filed: 4/5/2004, Entered: None |
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ANSWER and affirmative defenses to [1-1] complaint by Scott Fine (sll) (Entered: 04/07/2004)
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Request |
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40 |
Filed: 4/2/2004, Entered: None, Terminated: 5/26/2004 |
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MOTION by Mitchell E. Herr with memorandum in support for order expanding the receivership (sll) (Entered: 04/02/2004)
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Request |
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39 |
Filed: 4/2/2004, Entered: None |
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MOTION by Mitchell E. Herr with memorandum in support to expand the order of preliminary injunction to freeze the assets of Scott Fine, Kevin Boyle and Robin Cohen and REQUEST for expedited consideration (sll) (Entered: 04/02/2004)
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Request |
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38 |
Filed: 3/31/2004, Entered: None |
 |
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ORDER granting [37-1] consent motion (agreed) to extend time to answer or otherwise plead resetting answer due for 4/13/04 for Kevin Boyle ( Signed by Magistrate Judge Douglas N. Frazier ) ctc (sll) (Entered: 03/31/2004)
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Request |
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37 |
Filed: 3/29/2004, Entered: None, Terminated: 3/31/2004 |
 |
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AGREED MOTION by Kevin Boyle (agreed) to extend time to answer or otherwise plead referred to Magistrate Judge Douglas N. Frazier (sll) (Entered: 03/29/2004)
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Request |
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36 |
Filed: 3/24/2004, Entered: None |
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CERTIFICATE OF COMPLIANCE by Securities & Exchang Re: [24-1] order (kma) (Entered: 03/25/2004)
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Request |
 |
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35 |
Filed: 3/23/2004, Entered: None |
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CERTIFICATE OF COMPLIANCE by Scott Fine Re: [24-1] order (lap) (Entered: 03/23/2004)
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Request |
 |
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34 |
Filed: 3/23/2004, Entered: None |
 |
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ORDER granting [31-1] motion for extension of time to serve his response to the complaint set answer due for 4/5/04 for Scott Fine ( Signed by Magistrate Judge Douglas N. Frazier ) ctc (lap) (Entered: 03/23/2004)
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Request |
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33 |
Filed: 3/22/2004, Entered: None |
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NOTICE by Kevin Boyle of pendency of other actions re: order of compliance to local rule (kma) (Entered: 03/22/2004)
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Request |
 |
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32 |
Filed: 3/22/2004, Entered: None |
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NOTICE by Scott Fine of pendency of other actions re: order of compliance to local rule (kma) (Entered: 03/22/2004)
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Request |
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Save 25% on a pre-paid one year subscription. |
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31 |
Filed: 3/22/2004, Entered: None, Terminated: 3/23/2004 |
 |
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AGREED MOTION by Scott Fine with memorandum in support for extension of time to serve his response to the complaint . Proposed order attached. referred to Magistrate Judge Douglas N. Frazier (kma) Modified on 03/22/2004 (Entered: 03/22/2004)
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Request |
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30 |
Filed: 3/18/2004, Entered: None |
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NOTICE of filing proof of service by Securities & Exchang (lap) (Entered: 03/22/2004)
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Request |
 |
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29 |
Filed: 3/17/2004, Entered: None |
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NOTICE by Securities & Exchang of pendency of other actions re: order of compliance to local rule (lap) (Entered: 03/19/2004)
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Request |
 |
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28 |
Filed: 3/16/2004, Entered: None |
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NOTICE of filing affidavit of service by Securities & Exchang (lap) (Entered: 03/18/2004)
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Request |
 |
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27 |
Filed: 3/16/2004, Entered: None |
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NOTICE of filing original consent of Kevin Boyle by Securities & Exchang (lap) (Entered: 03/18/2004)
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Request |
 |
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26 |
Filed: 3/15/2004, Entered: None |
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NOTICE of posting of informational web-site by KS Advisors, Inc., KS Condor Partners, Damian Partners, LLC (lap) (Entered: 03/18/2004)
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Request |
 |
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25 |
Filed: 3/12/2004, Entered: None |
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NOTICE of filing affidavit of Receiver Mitchell E. Herr by KS Advisors, Inc., KS Condor Partners (lap) Modified on 03/15/2004 (Entered: 03/14/2004)
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Request |
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24 |
Filed: 3/9/2004, Entered: None |
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INTERESTED PERSONS ORDER ( Signed by Judge John E. Steele ) ctc (lap) (Entered: 03/10/2004)
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Request |
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23 |
Filed: 3/9/2004, Entered: None |
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NOTICE of designation under Local Rule 3.05 - TRACK 2. (ctc) (lap) (Entered: 03/10/2004)
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Request |
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22 |
Filed: 3/8/2004, Entered: None |
 |
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MINUTE ENTRY: temporary injunction hearing held on 03/08/04 before Judge John E. Steele Court Reporter: Brenda Alexander (lap) (Entered: 03/09/2004)
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Request |
 |
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21 |
Filed: 3/8/2004, Entered: None |
 |
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ORDER of Preliminary Injunction and other relief ( Signed by Judge John E. Steele ) ctc (lap) (Entered: 03/09/2004)
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Request |
 |
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20 |
Filed: 3/8/2004, Entered: None |
 |
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ORDER granting [18-1] motion for nunc pro tunc approval of letter agreement with investment advisory of Lee County ( Signed by Judge John E. Steele ) ctc (lap) (Entered: 03/09/2004)
|
|
Request |
 |
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19 |
Filed: 3/5/2004, Entered: None |
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|
NOTICE of attorney appearance for KS Advisors, Inc., Scott Fine by Peter B. King, Burton Webb Wiand, Michael S. Lamont (lap) (Entered: 03/09/2004)
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Request |
 |
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18 |
Filed: 3/8/2004, Entered: None, Terminated: 3/8/2004 |
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|
MOTION by KS Advisors, Inc., KS Condor Partners, Damian Partners, LLC with memorandum in support for nunc pro tunc approval of letter agreement with investment advisory of Lee County (lap) (Entered: 03/08/2004)
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|
Request |
 |
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|
17 |
Filed: 3/8/2004, Entered: None |
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|
NOTICE of filing consen of Kevin Boyle by Securities & Exchang (lap) (Entered: 03/08/2004)
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|
Request |
 |
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|
16 |
Filed: 3/5/2004, Entered: None |
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|
CONSENT of KS Advisors and KS Condor Partners, LTD. II and Damian Partners, LLC by Securities & Exchang (lap) (Entered: 03/08/2004)
|
|
Request |
 |
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|
15 |
Filed: 3/5/2004, Entered: None |
|
|
CONSENT of Scott Fine by Securities & Exchang (lap) (Entered: 03/08/2004)
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|
Request |
 |
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14 |
Filed: 3/5/2004, Entered: None |
|
|
NOTICE of filing original consents by Securities & Exchang (lap) (Entered: 03/08/2004)
|
|
Request |
 |
|
|
13 |
Filed: 3/5/2004, Entered: None |
 |
|
ORDER granting [12-1] motion for telephonic appearance ( Signed by Magistrate Judge Douglas N. Frazier ) ctc (lap) (Entered: 03/05/2004)
|
|
Request |
 |
|
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12 |
Filed: 3/5/2004, Entered: None, Terminated: 3/5/2004 |
 |
|
MOTION by Scott Fine for telephonic appearance referred to Magistrate Judge Douglas N. Frazier (lap) (Entered: 03/05/2004)
|
|
Request |
 |
|
|
11 |
Filed: 2/26/2004, Entered: None |
 |
|
MOTION HEARING held on 02/26/04 re: [3-1] motion for temporary restraining order and other emergency relief before Judge John E. Steele Court Reporter: Brenda Alexander (kma) (Entered: 02/28/2004)
|
|
Request |
 |
|
|
10 |
Filed: 2/27/2004, Entered: None |
 |
|
ORDER granting in part, denying in part [3-1] motion for temporary restraining order and other emergency relief setting miscellaneous hearing to 11:00 3/8/04 for [3-1] motion for temporary restraining order and other emergency relief (Signed by Judge John E. Steele) ctc (drn) (Entered: 02/27/2004)
|
|
Request |
 |
|
|
9 |
Filed: 2/27/2004, Entered: None |
 |
|
ORDER granting [6-1] motion for appointment of receiver (Signed by Judge John E. Steele) ctc (drn) (Entered: 02/27/2004)
|
|
Request |
 |
|
|
8 |
Filed: 2/27/2004, Entered: None |
 |
|
ORDER granting in part [2-1] motion to withhold pleadings from press box. (Signed by Judge John E. Steele) ctc (drn) (Entered: 02/27/2004)
|
|
Request |
 |
|
|
7 |
Filed: 2/26/2004, Entered: None |
|
|
CERTIFICATE Pursuant to Rule 65(b) of the Federal Rules of Civil Procedure by Securities & Exchange. (drn) (Entered: 02/26/2004)
|
|
Request |
 |
|
|
6 |
Filed: 2/26/2004, Entered: None, Terminated: 2/27/2004 |
|
|
EMERGENCY MOTION by Securities & Exchange with memorandum in support for appointment of receiver . (drn) (Entered: 02/26/2004)
|
|
Request |
 |
|
|
5 |
Filed: 2/26/2004, Entered: None |
|
|
EXHIBITS In Support of Motion For Temporary Restraining Order and Other Emergency Relief by Securities & Exchange. (drn) (Entered: 02/26/2004)
|
|
Request |
 |
|
|
4 |
Filed: 2/26/2004, Entered: None |
|
|
MEMORANDUM by Securities & Exchange in support of [3-1] motion for temporary restraining order and other emergency relief. (drn) (Entered: 02/26/2004)
|
|
Request |
 |
|
|
3 |
Filed: 2/26/2004, Entered: None, Terminated: 2/27/2004 |
|
|
EX PARTE MOTION by Securities & Exchange for temporary restraining order and other emergency relief . (drn) (Entered: 02/26/2004)
|
|
Request |
 |
|
|
2 |
Filed: 2/26/2004, Entered: None, Terminated: 2/27/2004 |
|
|
MOTION by Securities & Exchange with memorandum in support to Withhold Pleadings From Press Box . (drn) (Entered: 02/26/2004)
|
|
Request |
 |
|
|
1 |
Filed: 2/26/2004, Entered: None |
|
|
COMPLAINT for Injunctive and Other Relief filed. (drn) (Entered: 02/26/2004)
|
|
Request |
 |