| Court: | cacd |
| Docket #: | 2:14-cv-06865 |
| Case Name: | Securities and Exchange Commission v. Justin Moongyu Lee et al |
| PACER case #: | 598286 |
| Date filed: | 2014-09-03 |
| Date terminated: | 2015-10-28 |
| Assigned to: | Judge R. Gary Klausner |
| Referred to: | Magistrate Judge Charles F. Eick |
| Case Cause: | 15:77 Securities Fraud |
| Nature of Suit: | 850 Securities/Commodities |
| Jury Demand: | Defendant |
| Jurisdiction: | U.S. Government Plaintiff |
| Represented Party | Attorney & Contact Info |
| Securities and Exchange Commission Plaintiff |
Carol Lally Karen L Matteson |
| Justin Moongyu Lee Defendant |
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| Rebecca Taewon Lee Defendant |
Henry Louis Whitehead Thomas J Ryu George B Newhouse , Jr |
| Thomas Edward Kent Defendant TERMINATED: 10/15/2014 |
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| American Immigrant Investment Fund I, LLC Defendant |
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| BioFuel Venture IV, LLC Defendant |
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| BioFuel Venture V, LLC Defendant |
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| Nexland, Inc. Defendant doing business asNexland Investment Group |
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| Nexsun Ethanol, LLC Defendant |
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| Nexland, Inc. Defendant doing business asNexland Investment Group |
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| Nexland, Inc. Defendant doing business asNexland Investment Group |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2014-09-03 | 1 | 0 | COMPLAINT No Fee Required - US Government. (Attorney Karen L Matteson added to party Securities and Exchange Commission(pty:pla))(Matteson, Karen) (Entered: 09/03/2014) | 2014-09-05 01:26:51 | b68e9e18459bf5bc64416521e13ce7c0877eae9c | |
| 2014-09-03 | 2 | 0 | CIVIL COVER SHEET filed by Plaintiff Securities and Exchange Commission. (Matteson, Karen) (Entered: 09/03/2014) | |||
| 2014-09-03 | 3 | 0 | Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff Securities and Exchange Commission. (Matteson, Karen) (Entered: 09/03/2014) | |||
| 2014-09-04 | 4 | 0 | NOTICE OF ASSIGNMENT to District Judge R. Gary Klausner and Magistrate Judge Charles F. Eick. (car) (Entered: 09/04/2014) | |||
| 2014-09-04 | 5 | 0 | 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to Defendants American Immigrant Investment Fund I, LLC, BioFuel Venture IV, LLC, BioFuel Venture V, LLC, Thomas Edward Kent, Justin Moongyu Lee, Rebecca Taewon Lee, Nexland, Inc., Nexsun Ethanol, LLC. (car) (Entered: 09/04/2014) | |||
| 2014-09-05 | 6 | 0 | STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge R. Gary Klausner. READ THIS ORDER CAREFULLY. IT CONTROLS THIS CASE. This action has been assigned to the calendar of Judge R. Gary Klausner. The responsibility for the progress of litigation in the Federal Courts falls not only upon the attorneys in the action, but upon the Court as well. To secure the just, speedy, andinexpensive determination of every action, Federal Rule of Civil Procedure 1, all counsel are hereby ordered to familiarize themselves with the Federal Rules of Civil Procedure, particularly Federal Rules of Civil Procedure 16, 26, the Local Rules of the Central District of California, this Courts Order for Jury Trial, and this Courts Order for Court Trial. (See order for further details). (shb) (Entered: 09/08/2014) | |||
| 2014-09-11 | 7 | 0 | PROOF OF SERVICE Executed by Plaintiff Securities and Exchange Commission, upon Defendant Thomas Edward Kent served on 9/10/2014, answer due 10/1/2014. in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Matteson, Karen) (Entered: 09/11/2014) | |||
| 2014-09-26 | 8 | 0 | NOTICE of Change of address by Karen L Matteson attorney for Plaintiff Securities and Exchange Commission. Changing attorneys address to 444 S. Flower Street, Suite 900, Los Angeles, CA 90071. Filed by Plaintiff Securities and Exchange Commission. (Matteson, Karen) (Entered: 09/26/2014) | |||
| 2014-10-01 | 9 | 0 | PROOF OF SERVICE Executed by Plaintiff Securities and Exchange Commission, upon Defendant Rebecca Taewon Lee served on 9/30/2014, answer due 10/21/2014. Service of the Summons and Complaint were executed upon George B. Newhouse, Jr., Attorney for Defendant Rebecca Lee in compliance with Federal Rules of Civil Procedure by method of service not specified. Original Summons NOT returned. Acknowledgement and acceptance of service by George B. Newhouse, Jr., counsel for Defendant Rebecca Lee (Matteson, Karen) (Entered: 10/01/2014) | |||
| 2014-10-09 | 10 | 0 | SETTLEMENT AGREEMENT Consent of Thomas Edward Kent to Judgment of Permanent Injunction filed by Plaintiff Securities and Exchange Commission. (Attachments: # 1 Proposed Order)(Matteson, Karen) (Entered: 10/09/2014) | |||
| 2014-10-15 | 11 | 0 | JUDGMENT by Judge R. Gary Klausner, in favor of Securities and Exchange Commission against Thomas Edward Kent. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant and Defendants agents, servants, employees, attorneys, and all persons in active concert or participation with them who receive actual notice of this Judgment by personal service or otherwise are permanently restrained and enjoined from violating Section 17(a) of the Securities Act of 1933 (the Securities Act), 15 U.S.C. § 77q(a), in the offer or sale of any security by the use of any means or instruments of transportation or communication in interstate commerce or by use of the mails, directly or indirectly: to employ any device, scheme, or artifice to defraud; to obtain money or property by means of any untrue statement of a material fact or any omission of a material fact necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading. (See order for further details). (shb) (Entered: 10/15/2014) | |||
| 2014-10-21 | 12 | 0 | STIPULATION Extending Time to Answer the complaint as to Rebecca Taewon Lee answer now due 11/20/2014, re Complaint (Attorney Civil Case Opening) 1 filed by Defendant Rebecca Taewon Lee.(Attorney George B Newhouse, Jr added to party Rebecca Taewon Lee(pty:dft))(Newhouse, George) (Entered: 10/21/2014) | |||
| 2014-11-20 | 13 | 0 | ANSWER to Complaint (Attorney Civil Case Opening) 1 JURY DEMAND. filed by Defendant Rebecca Taewon Lee.(Newhouse, George) (Entered: 11/20/2014) | |||
| 2014-11-20 | 14 | 0 | NOTICE of Interested Parties filed by Defendant Rebecca Taewon Lee, (Newhouse, George) (Entered: 11/20/2014) | |||
| 2014-11-21 | 15 | 0 | ORDER SETTING SCHEDULING CONFERENCE by Judge R. Gary Klausner. A scheduling conference has been placed on calendar for March 16, 2015 at 9:00 a.m. The Conference will be held pursuant to F.R.Civ. P. 16(b). Trial counsel must be present and there are no telephonic appearances. Counsel are ordered to file a joint statement providing a brief factual summary of the case, including the claims being asserted. The parties are reminded of their obligations to disclose information and confer on a discovery plan not later than 21 days prior to the scheduling conference, and to file a joint statement with the Court not later than 14 days after they confer, as required by F.R. Civ.P. 26 and the Local Rules of this Court. Failure to comply may lead to the imposition of sanctions. Plaintiff's counsel is directed to give notice of the scheduling conference to each party that makes an initial appearance in the action after this date. Not later than 5 court days prior to the Scheduling Conference, counsel are ordered to confer and electronically file (joint) Form ADR-1 (and proposed order, Form ADR 12), selecting one of the three settlement options available. (sw) (Entered: 11/21/2014) | |||
| 2014-12-02 | 16 | 0 | SCHEDULING NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. The Order Setting Scheduling Conference attached at docket entry 15 contained an error. The correct date of the Scheduling Conference is March 16, 2015. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY (Entered: 12/02/2014) | |||
| 2015-03-09 | 17 | 0 | REPORT of Joint Report of Plaintiff SEC and Defendant Rebecca Lee Pursuant to Fed. R. Civ. P. 26(f) and Local Rule 26-1 filed by Plaintiff Securities and Exchange Commission. (Matteson, Karen) (Entered: 03/09/2015) | |||
| 2015-03-13 | 18 | 0 | REQUEST for Clerk to Enter Default against Entity Defendants American Immigrant Investment Fund I, LLC, BioFuel Venture IV, LLC, BioFuel Venture V, LLC, Nexland, Inc., Nexsun Ethanol, LLC filed by Plaintiff Securities and Exchange Commission. Request set for hearing on 4/13/2015 at 09:00 AM before Judge R. Gary Klausner. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)(Matteson, Karen) (Entered: 03/13/2015) | |||
| 2015-03-16 | 19 | 0 | REQUEST for ADR Procedure No. 1 filed. Parties request to Appear Before Eick for settlement proceedings. Filed by Plaintiff Securities and Exchange Commission. (Attachments: # 1 Proposed Order)(Matteson, Karen) (Entered: 03/16/2015) | |||
| 2015-03-16 | 20 | 0 | MINUTES OF Scheduling Conference held before Judge R. Gary Klausner. Amended Pleadings due by 4/15/2015. Discovery cut-off 9/9/2015. Motion cut-off 9/23/2015. Pretrial Conference set for 11/23/2015 at 9:00 AM. Jury Trial set for 12/8/2015 at 9:00 AM.Court Reporter: Pat Cuneo. (sw) (Entered: 03/16/2015) | |||
| 2015-03-16 | 21 | 0 | ORDER RE JURY TRIAL by Judge R. Gary Klausner. Pretrial Conference set for 11/23/2015 at 9:00 AM. Jury Trial set for 12/8/2015 at 9:00 AM. See Order for details. (sw) (Entered: 03/16/2015) | |||
| 2015-03-16 | 22 | 0 | ORDER/REFERRAL to ADR Procedure No. 1 by Judge R. Gary Klausner. Case ordered to Magistrate Judge Eick for Settlement Conference. (sw) (Entered: 03/16/2015) | |||
| 2015-03-17 | 23 | 0 | DEFAULT BY CLERK F.R.Civ.P.55(a) as to Nexland, Inc., dba Nexland Investment Group, American Immigrant Investment Fund, I, LLC, Biofuel Venture IV, LLC, Biofule Venture V, LLC, Nexsun Ethanol, LLC (bp) (Entered: 03/17/2015) | |||
| 2015-04-07 | 24 | 0 | [STRICKEN PURSUANT TO ORDER DATED 4/8] REQUEST TO SUBSTITUTE ATTORNEY Thomas J. Ryu in place of attorney Kenneth P. White filed by defendant Rebecca Taewon Lee. (Attorney Thomas J Ryu added to party Rebecca Taewon Lee(pty:dft))(Ryu, Thomas) Modified on 4/8/2015 (bp). (Entered: 04/07/2015) | |||
| 2015-04-07 | 25 | 0 | [STRICKEN PURSUANT TO ORDER DATED 4/8] REQUEST TO SUBSTITUTE ATTORNEY Thomas J. Ryu in place of attorney George B. Newhouse, Jr. filed by defendant Rebecca Taewon Lee. (Ryu, Thomas) Modified on 4/8/2015 (bp). (Entered: 04/07/2015) | |||
| 2015-04-08 | 26 | 0 | ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENTS by Judge R. Gary Klausner: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: REQUEST TO SUBSTITUTE ATTORNEY Thomas J. Ryu in place of attorney Kenneth P. White 24 , REQUEST TO SUBSTITUTE ATTORNEY Thomas J. Ryu in place of attorney George B. Newhouse, Jr. 25 , for the following reasons: Proposed Document was not submitted as separate attachment. Please see instructions included with Form G-01 on the Court's website.; (bp) (Entered: 04/08/2015) | |||
| 2015-04-08 | 27 | 0 | Corrected REQUEST TO SUBSTITUTE ATTORNEY Thomas J. Ryu in place of attorney George B. Newhouse, Jr. filed by defendant Rebecca Taewon Lee. (Attachments: # 1 Proposed Order Substitution of Attorney)(Ryu, Thomas) (Entered: 04/08/2015) | |||
| 2015-04-08 | 28 | 0 | Corrected REQUEST TO SUBSTITUTE ATTORNEY Thomas J. Ryu in place of attorney Kenneth P. White filed by defendant Rebecca Taewon Lee. (Attachments: # 1 Proposed Order Substitution of Attorney)(Ryu, Thomas) (Entered: 04/08/2015) | |||
| 2015-04-10 | 29 | 0 | ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY by Judge R. Gary Klausner: The Court hereby orders that the request of: REBECCA TAEWON LEE, Defendant to substitute THOMAS J. RYU as attorney of record instead of KENNETH P. WHITE,granting 28 Request to Substitute Attorney. (bp) (Entered: 04/13/2015) | |||
| 2015-04-10 | 30 | 0 | ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY by Judge R. Gary Klausner: The Court hereby orders that the request to substitute THOMAS J. RYU as attorney of record instead of GEORGE B. NEWHOUSE, JR,granting 27 Request to Substitute Attorney. Attorney George B Newhouse, Jr terminated (bp) (Entered: 04/13/2015) | |||
| 2015-06-24 | 31 | 0 | REQUEST for Clerk to Enter Default against Defendant Justin Moongyu Lee filed by Plaintiff Securities and Exchange Commission. (Attachments: # 1 Exhibit Documents Served, # 2 Declaration by Phyllis Lee (interpreter)) (Matteson, Karen) (Entered: 06/24/2015) | |||
| 2015-06-24 | 32 | 0 | NOTICE OF DEFICIENCY Re: REQUEST for Clerk to Enter Default against Defendant Justin Moongyu Lee 31 . The Clerk cannot enter the requested relief as: Request for Entry of Default has been forwarded to the assigned Judge. The Clerk does not posses the knowledge to determine the sufficiency of service on a foreign party.. (bp) (Entered: 06/26/2015) | |||
| 2015-08-07 | 33 | 0 | MINUTE ORDER IN CHAMBERS Order re: Proper Service of Motion for Entry of Default by Judge R. Gary Klausner: Upon review of Plaintiff's Motion for Entry of Default and the supporting documents, the Court finds that Plaintiff effected proper service on Defendant Justin Moongyu Lee pursuant to the Haque Convention. As such, the Clerk may enter default upon determination that all other requirements have been met. (bp) (Entered: 08/07/2015) | |||
| 2015-08-07 | 34 | 0 | DEFAULT BY CLERK F.R.Civ.P.55(a) as to Justin Moongyu Lee (bp) (Entered: 08/07/2015) | |||
| 2015-09-17 | 35 | 0 | STIPULATION for Settlement (Consent by Defendant Thomas Edward Kent to Entry of Final Judgment) filed by Plaintiff Securities and Exchange Commission. (Attachments: # 1 Proposed Order Final Judgment)(Matteson, Karen) (Entered: 09/17/2015) | |||
| 2015-09-17 | 36 | 0 | STIPULATION for Settlement Consent by Defendant Rebecca Taewon Lee to Entry of Final Judgment filed by Plaintiff Securities and Exchange Commission. (Attachments: # 1 Proposed Order Final Judgment)(Matteson, Karen) (Entered: 09/17/2015) | |||
| 2015-09-21 | 37 | 0 | FINAL JUDGMENT AS TO DEFENDANT REBECCA TAEWON LEE by Judge R. Gary Klausner in favor of Securities and Exchange Commission against Rebecca Taewon Lee. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant is permanently restrained and enjoined from violating Section 17(a) of the Securities Act of 1933 (the Securities Act) [15 U.S.C. § 77q(a)] in the offer or sale of anysecurity by the use of any means or instruments of transportation or communication in interstate commerce or by use of the mails, directly or indirectly: (a) to employ any device, scheme, or artifice to defraud;(b) to obtain money or property by means of any untrue statement of amaterial fact or any omission of a material fact necessary in order tomake the statements made, in light of the circumstances under whichthey were made, not misleading; or (c) to engage in any transaction, practice, or course of business which operates or would operate as a fraud or deceit upon the purchaser. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendantis liable for disgorgement of $92,255.85, representing profits gained as a result of the conduct alleged in the Complaint, together with prejudgment interest thereon in the amount of $13,207.31, for a total of $105,463.16. Defendant shall satisfy this obligation by paying $105,463.16 to the Securities and Exchange Commission within 14 days after entry of this Final Judgment. Related to: Stipulation for Settlement 36 . (See order for further details). (shb) (Entered: 09/22/2015) | |||
| 2015-09-21 | 38 | 0 | FINAL JUDGMENT AS TO DEFENDANT THOMAS EDWARD KENT by Judge R. Gary Klausner in favor of Securities and Exchange Commission against Thomas Edward Kent. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant is permanently restrained and enjoined from violating Section 17(a) of the Securities Act of 1933 (the Securities Act) [15 U.S.C. § 77q(a)] in the offer or sale of any security by the use of any means or instruments of transportation or communicationin interstate commerce or by use of the mails, directly or indirectly:(a) to employ any device, scheme, or artifice to defraud; (b) to obtain money or property by means of any untrue statement of a material fact or any omission of a material fact necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading; or (c) to engage in any transaction, practice, or course of business which operates or would operate as a fraud or deceit upon the purchaser. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant is liable for disgorgement of $102,548.20, representing profits gained as a result of the conduct alleged in the Complaint, together with prejudgment interest thereon in the amount of $14,680.80, for a total of $117,229.00. Defendant shall satisfy thisobligation by paying $117,229.00 to the Securities and Exchange Commission within 14 days after entry of this Final Judgment. (See order for further details). Related to: Stipulation for Settlement 35 . (shb) (Entered: 09/22/2015) | |||
| 2015-09-22 | 39 | 0 | NOTICE OF MOTION AND MOTION for Default Judgment against Defendant J. Lee and the Entity Defendants filed by Plaintiff Securities and Exchange Commission. Motion set for hearing on 10/26/2015 at 09:00 AM before Judge R. Gary Klausner. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Declaration by Karen Matteson, # 3 Declaration by Roger Boudreau, # 4 Proposed Order Granting Motion for Default Judgment, # 5 Proposed Order Final Judgment Against Defendant J. Lee and the Entity Defendants) (Matteson, Karen) (Entered: 09/22/2015) | |||
| 2015-10-20 | 40 | 0 | SCHEDULING NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Plaintiff Securities and Exchange Commission's Motion for Default Judgment Against Defendant J. Lee and the Entity Defendants 39 , calendared for hearing on October 26, 2015, has been taken under submission and off the motion calendar. No appearances by counsel are necessary. The Court will issue a ruling after full consideration of properly submitted pleadings. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY (Entered: 10/20/2015) | |||
| 2015-10-28 | 41 | 0 | MINUTES (IN CHAMBERS) Order Re: Motion for Default Judgment (DE 39) by Judge R. Gary Klausner: The Court GRANTS the SEC's Motion and, as provided in the concurrently issued proposed judgment, orders the following: (1) J. Lee and the Entity Defendants are permanently enjoined from violating section 17(a) of the Securities Act and section 10(b) of the Exchange Act, and Rule 10b thereunder; (2) J. Lee and the Entity Defendants are liable for disgorgement of $7,210,000.00, with a prejudgment interest thereon in the amount of $1,052,403.73, for a total of $8,262,403,73, and (3) J. Lee is to pay a civil penalty of $150,000.00. (bp) (Entered: 10/29/2015) | |||
| 2015-10-28 | 42 | 0 | FINAL JUDGMENT BY DEFAULT TO DEFENDANTS JUSTIN MOONGYU LEE; AMERICAN IMMIGRANT INVESTMENT FUND I, LLC; BIOFUEL VENTURE IV, LLC; BIOFUEL VENTURE V, LLC; NEXLAND, INC., DBA NEXLAND INVESTMENT GROUP; AND NEXSUN ETHANOL, LLC, by Judge R. Gary Klausner, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant J.Lee and the Entity Defendants are permanently restrained and enjoined fromviolating Section 17(a) of the Securities Act of 1933 (the "Securities Act") [15 U.S.C.§ 77q(a)] in the offer or sale of any security by the use of any means or instruments of transportation or communication in interstate commerce or by use of the mails, directly or indirectly:(a) to employ any device, scheme, or artifice to defraud;(b) to obtain money or property by means of any untrue statement of a material fact or any omission of a material fact necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading; or(c) to engage in any transaction, practice, or course of business which operates or would operate as a fraud or deceit upon the purchaser. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that DefendantJ. Lee and the Entity Defendants are liable, jointly and severally, for disgorgement of$7,210,000, representing profits gained as a result of the conduct alleged in the Complaint, together with prejudgment interest thereon in the amount of $1,052,403.73, for a total of $8,262,403.73. Defendants shall satisfy this obligationby paying $8,262,403.73 to the Securities and Exchange Commission within 14 days after entry of this Final Judgment. See Judgment For Further Specifics. (bp) (Entered: 10/29/2015) | 2015-12-17 21:22:52 | 3bc16d1dce2db91efc37e1a2a5887f68fb28d936 |