Case Status Report: Equity Financial, Shasta or Tech Traders

2005 Updates

Status Updates and Court Documents: 2005

• Receiver’s Motion to Compel Defendant Shimer’s Tax Returns (Attachments: Proposed Order, Brief in Support of Receiver’s Motion, Exhibits A through C with attachments, certificate of service)

• Order entered by Judge Donio setting schedule for resolution of certain claims: the Receiver and claimants Green, List, Omaha Boy and Marrongelle shall serve all document requests and written discovery requests no later than December 23, 2005, and shall produce responsive documents and serve responses to written discovery requests no later than January 10, 2006. On the basis of this document and written discovery, the Receiver shall, if possible, submit to each of the claimants a proposed stipulation of facts no later than January 17, 2006. Those claimants to whom the Receiver submits a proposed stipulation of facts shall respond no later than January 24, 2006. The Court will conduct a telephonic conference on January 25, 2006 at 2:30 PM, initiated by counsel for plaintiff, at which time the Receiver and the claimants shall inform the Court whether they are ready to schedule a hearing on the merit of their claims or whether they will need to take depositions before a hearing can be scheduled.

• Scheduling Order entered by Judge Donio: Final Pretrial Conference set for 4/20/06 10:00 AM; Discovery due by 1/30/06; Motions due by 2/28/06

• Receiver’s Reply to McDermott Will & Emory’s Response to Motion for Turnover of Funds (Attached: exhibits and certificate of service)

• Receiver’s Quarterly Motion for Attorney Fees and Expense Reimbursement (Attachments: Proposed Order, Application for Compensation of Receiver, Application of Pepper Hamilton, Declaration of Stephen Bobo in Support of Motion with attached exhibits, and certificate of service)

• Receiver’s Motion to Make Interim Distribution to Certain Tier 2 Sterling Bank, Ltd Investors (Attachments: Proposed Order, Submission in Support of Motion)

• Status Conference held before Judge Donio

• Order entered by Judge Kugler: granting Eastern Bank’s Motion for Relief from Stay
• McDermott Will & Emory’s Brief in Opposition to Receiver’s Motion for Turnover of Funds (Attachments: Declaration and Proposed Order)

• Receiver’s Motion for Turnover of Funds by McDermott Will & Emory (Attachments: Proposed Order - Amended, Supporting Brief and Affidavit of Stephen Bobo with attachments)

• Order entered by Judge Kugler: granting Receiver’s Motion for Interim Compensation and Expense Reimbursement

• Order entered by Judge Donio: granting Pro Hac Vice Application of Thomas Gallagher, Esq.

• Motion for Relief from Court Imposed Stay by Eastern Savings Bank as to Firth (Attachments: Certification, Exhibit A, Exhibit B, Exhibit C, Proposed Order, and certificate of service)

• Hearing in front of Judge Donio to Show Cause with oral argument
• Teleconference held in front of Judge Donio on claims of Claimants List, Green, Omaha Boy, Marongelles and Sterling entities

• CFTC’s Response on Receiver’s Motion to Make Interim Distribution as to Janelle Wagner Trust
• Receiver’s Request to allow the Pro Hac Vice Admission of Thomas Gallagher, Esq. as local counsel

• Receiver’s Reply to Responses of Investors Roberts, Williams and Claimants Janelle A. Wagner Family Trust on Order to Show Cause
• Order entered by Judge Kugler: granting Receiver’s Motion to Disburse Funds and allowing Amended Distribution Schedules of Tech Traders and Shasta

• Order entered by Judge Kugler: adopting Report and Recommendation of Judge Donio dated September 9, 2005 and instructing the Sterling entities to turn over the Colorado backup tape to the CFTC no later than November 10, 2005

• Letter from Investor James Roberts re: Order to Show Cause
• Letter from Investor Dave Williams re: Order to Show Cause
• Letter from Peter Pearlman on behalf of Claimant Janelle Wagner re: Order to Show Cause

• Motion by Receiver for Interim Compensation and Expense Reimbursement (Attachments: Proposed Order, Application of Pepper Hamilton, Application of FGMK, Application of Sachnoff & Weaver, Declaration with Exhibits, Exhibit C continued, certificate of service)
• Order entered by Judge Donio: setting hearing to Show Cause to November 2, 2005 at 2:00 PM with claimants Citco Global Custody N.V., Mt. Shasta, Bally Lines, Ltd. c/o Edward J. Evors; Dream Venture Group, LLC c/o Gregg Amerman, ICC Finance Corp. c/o Bitensky, Janelle Wagner Trust c/o Snyder Financial Services, and Quest For Life c/o Samuel J. Grimes to personally appear and show cause why an order disallowing their claims in their entirety should not be entered at that time; if any claimants intend to appear, then they must file responses by October 19, 2005.

• Opinion and Order of Judge Kugler: denying Defendants’ Shimer, Firth and Equity Financial Group various Motions to Dismiss and Motions for Summary Judgment; and granting Defendant Shimer’s motion to allow a previously filed overlong brief to stand

• Letter from Counsel for the Receiver (Attachments: Proposed Order to Show Cause and certificate of service)

• Scheduling Order entered by Judge Donio: setting telephone conference for 11/2/05 to determine the extent to which the parties have been able to reach agreement on the Receiver's objections to the following claims: Green, List, Omaha Boy, Marrongelles, and on the Sterling objections related to the funds held in Account #37923 in the name of Sterling Trust (Anguilla) Ltd. at Man Financial

• Letter from Receiver re: Order on Motion for Disbursement of Funds (Attachments: Proposed Order Approving Revised Schedules and Revised Interim Distribution Schedules, certificate of service)
• Telephone Conference held before Judge Donio

• Order entered by Judge Kugler: granting Receiver’s Motion for Disbursement of Funds and adopting Judge Donio’s Report and Recommendation of September 2, 2005

• Scheduling Order entered by Judge Donio: telephone conference set for 9/28/05 at 10:00 AM to determine the extent to which the parties have been able to reach agreement on the Receiver's objections to the following claims: Green, List, Omaha Boy, Marrongelles, and on the Sterling objections related to the funds held in Account #37923 in the name of Sterling Trust (Anguilla) Ltd. at Man Financial. A telephone status conference shall be conducted on December 5, 2005 at 2:30 PM with respect to the status of discovery in the case

• Telephonic Status Conference held before Judge Donio

• Response by Investor Zinman in opposition to Judge Donio’s September 9, 2005 Report and Recommendation
• Receiver’s Statement of Position regarding Account #37923 in the name of Sterling Trust at Man Financial (Attachments: Exhibits A through C; Exhibit D (part I); Exhibit D (part II); Exhibits E through F; and certificate of service.)

• Further Report and Recommendation entered by Judge Donio on Receiver’s Motion to Make Interim Distribution on Account of Investor Claims

• Letter from Investor James Roberts re: objection to the interim distribution schedule

• Report and Recommendation entered by Judge Donio on Receiver’s Motion to Make Interim Distribution on Account of Investor Claims

• Scheduling Order entered by Judge Donio: hearings on the Receiver’s objections to the claimants Green, List, Omaha Boy, Marrongelle and Sterling as to the funds in the #37923 Account at Man Financial are set for September 28, and September 29, 2005 at 10:00 AM; a telephone status conference with respect to the listed claim objections as well as on the status of discovery in the case is set for September 19, 2005
• Letter from Defendant Firth joining Defendant Shimer’s reply to CFTC’s response to Motions for Summary Judgment of Robert Shimer and Vincent Firth
• Alison Shimer’s challenge to CFTC’s May 20, 2005 Objections to Certain Claims

• Robert Shimer's Reply to Response to Motions for Summary Judgment
• J. Vernon Abernethy's Motion to Appoint Pro Bono Counsel and Application
• Receiver Bobo's Response in Support of Motion for Disbursement of Funds regarding Universe Capital Appreciation
• Status Conference Held Before Judge Donio

• CFTC's Brief in Opposition to Motions for Summary Judgment of Robert Shimer and Vincent Firth

• Order by Judge Kugler granting Receiver Bobo's Motion for Interim Compensation

• Status Conference Held Before Judge Donio

• Letter to Judge Donio from Vincent Firth regarding Status Conference set for July 22

• CFTC's Motion for Extension of Time to Respond to Motions for Summary Judgment of Robert Shimer and Vincent Firth

• Robert Shimer's Motion for Summary Judgment, Brief in Support, Statement of Facts, and Proposed Order
• Vincent Firth's Motion for Summary Judgment, Statement of Facts and Proposed Order

• Response of Universe Capital Appreciation, LLC to Receiver's Previous Objection to the Claim of Universe & to CFTC's Objection

• Sur-reply of Jeffrey and Barbara Marrongelle to Investors' Responses to Equity Receiver's Objections to Certain Investor Claims

• Application for Interim Compensation and Expense Reimbursement filed by Receiver Bobo, Part I & Part II

• Supplement Response of the CFTC regarding Claim of Universe Capital Appreciation in Opposition to Motion for Disbursement of Funds
• Receiver Bobo's Status Report concerning Disputed Investor Claims

• Scheduling Order by Judge Donio setting next status conference for July 22 at 10:00 a.m.

• Dr. Edward Evor's Response in Opposition to Motion for Disbursement of Funds on Behalf of Bally Lines, Ltd.
• Teleconference held before Judge Donio

• Receiver Bobo's Third Interim Report
• Robert Shimer's Reply to CFTC's Response on Motion to Dismiss (exhibits available upon request)

• Order granting Counsel for Marsha Green and Thomas List to appear Pro Hac Vice

• Letter to Judge Donio from Vincent Firth regarding teleconference of June 10th

• Plea and Clarification by Donald A. Diilenno
• Amended Motion for Leave to Appear Pro Hac Vice by Counsel for Marsha Green and Thomas List
• CFTC Response to Equity Defendants' Motion to Dismiss

• Receiver Bobo's Reply to Response to Motion for Disbursement of Funds (to Make Interim Distribution on Account of Investor Claims)
• CFTC's Response to Motion for Disbursement of Funds (to Make Interim Distribution on Account of Investor Claims) Objections to Certain Claims (Attachments: Exhibit Part I of II, Exhibit Part II of II)

• MOTION for Randy A. Rabenold, Esq. and Miguel M. Debon, Esq. Leave to Appear Pro Hac Vice by MARSHA L. GREEN, THOMAS LIST. (Attachments: Declaration, Declaration of Randy Rabenold, Esq. , Declaration of Miguel Debon, Esq., Text of Proposed Order, Text of Proposed Order, Certificate of Service)
• Return date set as to MOTION for Randy A. Rabenold, Esq. and Miguel M. Debon, Esq. Leave to Appear Pro Hac Vice for 6/17/2005 before Magistrate Judge Donio.

• SCHEDULING ORDER: Telephone Conference set for 6/10/2005 11:00 AM before Magistrate Judge Donio

• Response Of Jeffrey And Barbara Marrongelle To Equity Receiver's Objections To Certain Investor Claims
• Response of Marsha L. Green to factual issues in the Equity Receiver's objection (Attachments: Affidavit ,Certificate of Service)
• Response of Thomas List to factual issues in the Equity Receiver's objection (Attachments: Affidavit, Certificate of Service)
• Letter from Dr. Edward J. Evors addressed to Judge Kugler re: receiver's request for additional information
• Sterling Group's Memorandum of Fact in Response to the Objection Filed by the Receiver (Attachments: DECLARATION of Martin P. Russo, Esq., Exhibits A-O available upon request)
• ORDER entered by Judge Kugler: granting Motion for interim compensation and expense reimbursement
• Proceedings held before Judge Donio: Evidentiary Hearing and Oral argument held on the record on 5/13/2005 regarding certain Sterling Group claim issues

• Robert Shimer's Motion for an Order to allow previously filed overlength brief to stand
• Return date set as to Shimer's Motion for an Order allowing previously filed overlength brief to stand for 6/17/2005

• Proceedings held before Judge Donio : Telephone Conference held on 5/9/2005 on the record

• Alison Shimer's Challenge With Respect To Equity Receiver's Objection To Claim
• Letter From Dr. Edward J. Evors Re: Bally Lines, Ltd.
• Marsha L. Green's Response To Legal Issues In The Equity Receiver's Objections
• Thomas List's Response To Legal Issues In The Equity Receiver's Objections
• Sterling Group's Brief In Response To Legal Issues Raised By The Equity Receiver's Objections To Claims
• Letter From Wayne Gideons Addressed To Judge Kugler In Response To The Receiver

• Nancy Omaha Boy's Response to Receiver's Objection to Claim
• NOTICE of Appearance by MERRILL N. RUBIN on behalf of Nancy Omaha Boy

• Letter from Elizabeth Streit of the CFTC for extension to file

• ORDER granting CFTC's Motion for Leave to File Brief in Excess Pages
• Objection To Method Interim Distribution By R. Scott Batchelar

• Minute Entry for proceedings held before Judge Ann Marie Donio : Telephone Conference held on 4/29/2005. Hearing on motion to file brief in excess of 15 pages. No objections placed on the record. Ordered motion granted. Evidentiary hearing set for 5/13/05 at 10:00am
• Receiver Bobo's RESPONSE in Support of MOTION for Disbursement of Funds (to Make Interim Distribution on Account of Investor Claims)
• Return date set as to MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) for 6/3/2005 before Judge Robert B. Kugler

• MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) by Samuel Abernethy on behalf of Equity Financial Group. Responses due by 5/20/2005. DECLARATION of Samuel F. Abernethy.
• CFTC's Brief In Reply To Sterling Entities' Response to CFTC's Objection (Attachments: Exhibits in Support)
• CFTC's Motion For Leave To File Excess Pages For Brief, Instanter

• ORDER Entered By Judge Donio: Defendant Robert W. Shimer's Motion For Summary Judgment Is Dismissed Without Prejudice And Defendant Vincent J. Firth's Motion For Summary Judgment Is Dismissed Without Prejudice
• ORDER Entered By Judge Donio: Informal Application Of Samuel F. Abernethy, Esq. To Withdraw As Counsel For Vincent Firth Is GRANTED
• AMENDED SCHEDULING ORDER Entered: Final Pretrial Conference Set For 4/20/2006 10:00 AM Before Magistrate Judge Ann Marie Donio. Status Conference Set For 5/9/2005 03:30 PM Before Magistrate Judge Ann Marie Donio. Amended Pleadings Due By 9/30/2005. Discovery Due By 12/30/2005. Motions Due By 2/6/2006
• Sterling Group's BRIEF In Opposition To CFTC's Objection, (Attachments: Declaration Of Martin Russo, Esq., Exhibits thereto available upon request)

• Status conference held before Judge Donio. Hearing on oral application to withdraw as counsel by Samuel Abernathy, Esq. Ordered application Granted. Order to be entered and filed. Hearing on oral application to extend discovery deadlines by pltf. CFTC. Ordered application granted. Amended Scheduling Order to be entered and filed. Hearing on oral application by CFTC to extend May 2005 return date date of defendants' motion. Ordered application granted. Return date extended to 6/17/05. Ordered defendants Shimer and Firth motion for summary judgment is withdrawn without prejudice. Order to be entered. Phone/Status conference set for 5/9/05 at 3:00pm and for 9/19/05 at 2:00pm.

• Motion to Dismiss, Motion to Dismiss for Lack of Jurisdiction, Motion for Summary Judgment filed by VINCENT J. FIRTH. (Attachments: Statement ; Statement of Uncontested Facts; Certificate of Service; Text of Proposed Order; Text of Proposed Order Text of Proposed Order)
• Return date on Motion to Dismiss set for May 20, 2005

• Motion to Dismiss, Motion to Dismiss for Lack of Jurisdiction, Motion for Summary Judgment filed by ROBERT W. SHIMER. (Attachments: Motion; Motion for Summary Judgment; Motion to Dismiss; Certificate of Service; Text of Proposed Order; Text of Proposed Order; Text of Proposed Order; Statement; Statement of Uncontested Facts; Brief)
• Return date on Motion to Dismiss set for May 20, 2005

• SCHEDULING ORDER entered by Judge Donio settling telephone conference set for 4/29/2005 at 10:00 AM.
• NOTICE by STEPHEN T. BOBO with Respect to Equity Receivers Objections to Certain Investor Claims with Certificate of Service

• Status conference held before Judge Donio

• NOTICE of Pro Se Appearance by VINCENT J. FIRTH

• NOTICE of Pro Se Appearance by ROBERT W. SHIMER

• Receiver Bobo's Objections to Certain Investor Claims with Certificate of Service
• Receiver Bobo's Stipulation of Facts Concerning Objection of Donald Zinman to Motion for Authority to Make Interim Distribution with Certificate of Service
• Receiver Bobo's Stipulation of Facts Concerning Objection of Donald DiIennoto Motion for Authority to Make Interim Distribution with Certificate of Service
• CFTC's Objections to the Sterling Claims

• ORDER of Judge Donio granting in part and denying in part Motion to Withdraw by Samuel Abernethy to Withdraw as Attorney for Robert Shimer, Equity Financial Group and Vincent Firth
• Return date set on Quarterly Motion for Interim Compensation and Expense Reimbursement for 4/15/2005

• Quarterly Motion for Interim Compensation and Expense Reimbursement by STEPHEN T. BOBO. (Attachments: Form of Order; Third Application of Sachnoff & Weaver, Ltd. for Interim Compensation and Expense Reimbursement; Third Application of FGMK, LLC for Interim Compensation and Expense Reimbursement; Third Application of Pepper Hamilton LLP for Interim Compensation and Expense Reimbursement; Declaration of Stephen T. Bobo as Equity Receiver in Support of the Third Application for Interim Compensation and Expense Reimbursement of Sachnoff & Weaver, Ltd., Pepper Hamilton LLP and FGMK, LLC; Continuation of Exhibit C to Declaration of Stephen T. Bobo)
• REPLY to Response to Motion by DONALD A. DIIENNO on Motion for Disbursement of Funds

• Scheduling ORDER entered by Magistrate Judge Donio:
  
  Any further discovery requests to the Sterling Entities by the CFTC and the Receiver shall be served no later than March 14, 2005. Any objections and responses thereto shall be served no later than March 21, 2005. The parties will meet and confer in an attempt to resolve further discovery issues concerning the Sterling Entities. Any issues that are not resolved will be addressed during a telephone conference call with the Court on April 8, 2005 at 2:00 p.m. The Court shall conduct an evidentiary hearing on April 20, 2005 and April 21, 2005, beginning at 10:00 A.M. respectively, in Courtroom 3B, Mitchell H. Cohen U.S. Courthouse, Camden, New Jersey, in connection with the objections.

• Statement By Receiver Regarding Categories of Objections to Interim Distribution Motion and Statement of Disputed Issues of Fact

• Return date set for April 1, 2004 on Motion to Withdraw
• Status conference held in front of Magistrate Judge Donio

• Motion and Declaration by Samuel Abernethy to Withdraw as Attorney for Robert Shimer, Equity Financial Group and Vincent Firth

• Order and Opinion entered by Judge Kugler denying Sterling's 9/22/04 Motion to Intervene
• Order entered by Magistrate Judge Donio dismissing motion to strike and ordering that any party that seeks to amend its pleadings to assert additional claims shall file a formal motion for leave to amend.

• Response in Opposition filed by Donald DiIenno to Reply by Receiver re Objection to Motion for an Interim Distribution

• Response in Opposition filed by Don Zinman to Reply by Receiver re Objection to Motion for an Interim Distribution

• Motion by Tech Traders Defendants to Strike Crossclaim as filed on February 2nd
• Reply by Receiver to Objections to Motion for an Interim Distribution

• Motion by CFTC to Strike Crossclaim as filed on February 2nd

• Objections filed to Receiver's Motion for an Interim Distribution by claimants and parties.

• Crossclaim against CFTC by Shimer, Equity Financial Group, LLC and Vincent Firth

• Order denying without prejudice Motion by Gusrae, Kaplan and Bruno, PLLC's to Withdraw as Counsel to the Tech Trader entities

• Appearance filed by Rocell Cyrus on behalf of the Commodity Futures Trading Commission
• Objection to Receiver's Motion for an Interim Distribution by Donald DiIenno
• Scheduling ORDER entered by Magistrate Judge Donio:
  
  Plaintiff is hereby granted leave to file an Amended Complaint on or before June 30, 2005; Pretrial factual discovery is hereby extended to September 30, 2005. All pretrial discovery shall be concluded by that date. All experts' reports on behalf of plaintiff shall be served upon counsel for defendants not later than October 31, 2005. All experts' reports on behalf of defendants shall be served upon counsel for plaintiff no later than November 30, 2005. Depositions of proposed expert witnesses shall be concluded by December 20, 2005. Dispositive motions shall be filed with the Clerk of the Court no later than November 4, 2005. Opposition to the motion should be served in a timely fashion. The final Pretrial Conference of October 6, 2005 is rescheduled to January 26, 2005 at 10:00 a.m. The form Joint Final Pretrial Order shall be delivered at the conference. The plaintiff's portion of the proposed order shall be prepared and sent to defense counsel not later than January 9, 2006. Defendants' portion of the proposed order shall be prepared and returned to counsel for plaintiff not later than January 19, 2006. The Court will conduct a telephone status conference on April 21, 2005 at 10:00 a.m.

• Status conference held before Magistrate Judge Donio

• Order granting Receiver's Unopposed Motion for Authority to Sell Equipment entered by Judge Kugler

• Unopposed Motion, Affidavit and Proposed Order by Receiver, Stephen Bobo for Authorization to Sell Existing Equipment, Furniture and Supplies of Tech Traders.

• Supplemental Affidavit of Stephen T. Bobo in Support of Motion for Authority to make Interim Distribution with Amended Distribution Schedules

• MOTION to Make Interim Distribution on Account of Investor Claims by Receiver, Stephen Bobo. (Attachments: # 1 Proposed Form of Order# 2 Memorandum in Support of Motion of Equity Receiver for Authority to Make Interim Distribution on Account of Investor Claims# 3 Affidavit of Stephen T. Bobo in Support of Motion for Authority to make Interim Distribution)

• Information Related to the Claims Process
• Information Related to the CFTC’s Case Against the Defendants
• Daily Updates and Court Documents: 2008
• Daily Updates and Court Documents: 2007
• Daily Updates and Court Documents: 2006
• Daily Updates and Court Documents: 2005
• Daily Updates and Court Documents: 2004
• News Release: 4908-04, April 6, 2004
• Complaint, April 1, 2004
• Initial Questionnaire (Word)
• Initial Questionnaire (PDF)