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14-14692 - Securities and Exchange Commission v. Present


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14-14692 - Securities and Exchange Commission v. Present
December 21, 2015
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District Judge Leo T. Sorokin: ORDER ON F-SQUAREDS EMERGENCY MOTION TO QUASH SUBPOENAS AND FOR A PROTECTIVE ORDER PROHIBITING DISCOVERY OR DISCLOSURE OF ITS PRIVILEGED DOCUMENTS AND COMMUNICATIONS (DOC. NO. 30) ORDER entered...Accordingly, the Motion to Quash (#30) is ALLOWED. The clerk shall seal as an ex parte exhibit the five privileged documents reviewed by the Court and maintain them with the record of this case. Re: 30 Motion to Quash (Simeone, Maria)
April 27, 2017
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District Judge Leo T. Sorokin: ORDER entered denying 186 Plaintiff's Motion for Summary Judgment. The Court will hold a Status Conference on Friday, April 28, 2017 at 3:00 p.m. to establish the trial date. Counsel may appear by phone, and should notify the Clerk if they intend to do so. (Montes, Mariliz)
July 31, 2017
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District Judge Leo T. Sorokin: ORDER entered denying 223 Plaintiff's Motion in Limine (Montes, Mariliz)
February 8, 2018
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such information. (Montes, Mariliz)District Judge Leo T. Sorokin: ORDER entered.Order on Motion for Judgment as a Matter of Law (Doc. No. 317): The Court DENIES 317 Present's Motion for Judgment as a Matter of Law and ALLOWS judgment on the verdict. The Court will hold a hearing on the SEC's Motion for Entry of Final Judgment (Doc. No. 357) on Tuesday, February 27, 2018 at 10:00 a.m. In assessing whether to impose a civil penalty as sought by the SEC and, if a penalty is imposed, the amount of any such penalty, the Court may consider Mr. Presents financial condition. Although Mr. Present has submitted an affidavit setting forth his current financial condition, the filing does not address (1) gifts or transfers of property by Mr. Present, with a value exceeding $5,000, made since September, 2009; (2) current assets and liabilities of Mr. Present's wife or children (including trusts for the benefit of the same, if created by either Mr. Present or his wife); or (3) gifts or transfers of any interest in F-Squared made at any time by Mr. Present, his wife, or his children. Accordingly, Mr. Present shall either file with the Court the foregoing information in admissible form or show cause why the Court should not consider some or all of the information identified. Mr. Present shall make this filing by February 16, 2018. He may file any financial information under seal. He may file a supplemental memo, not to exceed seven pages, also by February 16, 2018. The SEC may file a response not later than February 23, 2018. Any such response shall not exceed seven pages. Any further memo(s) shall address only this additional financial information provided by Mr. Present or the relevance (or lack thereof) of
March 20, 2018
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District Judge Leo T. Sorokin: ORDER entered granting 357 MOTION for Entry of Final Judgment Against Defendant Howard Present. Pursuant to the jury's verdict (Doc. No. 353), and having considered the SEC's Motion for Entry of Final Judgment (Doc. No. 357), the Court ALLOWS the SEC's Motion as described herein. The SEC shall submit, by close of business on March 26, 2018, a conforming order of final judgment for the record. (Montes, Mariliz)