| Court: | flsd |
| Docket #: | 0:14-cv-60954 |
| Case Name: | Securities & Exchange Commission v. Vitale et al |
| PACER case #: | 440196 |
| Date filed: | 2014-04-23 |
| Date terminated: | 2015-06-26 |
| Assigned to: | Judge Darrin P. Gayles |
| Referred to: | Magistrate Judge William C. Turnoff |
| Case Cause: | 15:0078 Securities Exchange Act |
| Nature of Suit: | 850 Securities/Commodities |
| Jury Demand: | Defendant |
| Jurisdiction: | U.S. Government Plaintiff |
| Represented Party | Attorney & Contact Info |
| Securities & Exchange Commission Plaintiff |
James Lee Buck , II Patrick Reinhold Costello Derek Bentsen James J. Bresnicky |
| Robert J. Vitale Defendant |
Fred Arthur Schwartz George Terry Yoss Jan Douglas Atlas |
| Realty Acquisitions and Trust, Inc. Defendant |
|
| Coral Springs Investment Group, Inc. Defendant Relief Defendant |
George Terry Yoss |
| Realty Acquisitions and Trust, Inc. Defendant |
Fred Arthur Schwartz |
| Coral Springs Investment Group, Inc. Defendant Relief Defendant |
George Terry Yoss |
| Realty Acquisitions and Trust, Inc. Defendant |
Fred Arthur Schwartz |
| Coral Springs Investment Group, Inc. Defendant Relief Defendant |
George Terry Yoss |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2014-04-23 | 1 | 0 | COMPLAINT Securities and Exchange Commission against Robert J. Vitale. Filing fees $ 400.00. USA Filer - No Filing Fee Required, filed by Securities & Exchange Commission. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s), # 3 Summon(s), # 4 Summon(s))(Bresnicky, James) (Entered: 04/23/2014) | |||
| 2014-04-23 | 2 | 0 | Judge Assignment to Judge William J. Zloch (cbr) (Entered: 04/23/2014) | |||
| 2014-04-23 | 3 | 0 | Summons Issued as to Coral Springs Investment Group, Inc., Realty Acquisitions and Trust, Inc., Robert J. Vitale. (cbr) (Entered: 04/23/2014) | |||
| 2014-06-17 | 4 | 0 | SUMMONS (Affidavit) Returned Executed on 1 Complaint, with a 21 day response/answer filing deadline by Securities & Exchange Commission. Robert J. Vitale served on 6/10/2014, answer due 7/1/2014. (Bresnicky, James) (Entered: 06/17/2014) | |||
| 2014-06-17 | 5 | 0 | SUMMONS (Affidavit) Returned Executed on 1 Complaint, with a 21 day response/answer filing deadline by Securities & Exchange Commission. Realty Acquisitions and Trust, Inc. served on 6/10/2014, answer due 7/1/2014. (Bresnicky, James) (Entered: 06/17/2014) | |||
| 2014-06-17 | 6 | 0 | SUMMONS (Affidavit) Returned Executed on 1 Complaint, with a 21 day response/answer filing deadline by Securities & Exchange Commission. Coral Springs Investment Group, Inc. served on 6/10/2014, answer due 7/1/2014. (Bresnicky, James) (Entered: 06/17/2014) | |||
| 2014-06-23 | 7 | 0 | ANSWER to Complaint with Jury Demand by Coral Springs Investment Group, Inc., Realty Acquisitions and Trust, Inc., Robert J. Vitale. (yha) (Entered: 06/23/2014) | |||
| 2014-06-30 | 8 | 0 | AMENDED ANSWER to Complaint by Coral Springs Investment Group, Inc., Realty Acquisitions and Trust, Inc., Robert J. Vitale. (cbr) (Entered: 06/30/2014) | |||
| 2014-06-30 | 9 | 0 | ORDER REASSIGNING CASE to Judge Darrin P. Gayles for all further proceedings. Judge William J. Zloch no longer assigned to case. Signed by Judge William J. Zloch on 6/30/2014. (mb) (Entered: 07/01/2014) | |||
| 2014-09-09 | 10 | 0 | SCHEDULING REPORT - Rule 26(f) by Securities & Exchange Commission (Attachments: # 1 Text of Proposed Order)(Bresnicky, James) (Entered: 09/09/2014) | |||
| 2014-10-23 | 11 | 0 | ENDORSED ORDER Setting Status Conference: Status Conference Re: Scheduling/Deadlines/Procedural Matters set for 11/12/2014 09:30 AM in Miami Division before Judge Darrin P. Gayles. Signed by Judge Darrin P. Gayles on 10/23/2014. (alt) (Entered: 10/23/2014) | |||
| 2014-11-05 | 12 | 0 | NOTICE of Attorney Appearance by Fred Arthur Schwartz on behalf of Robert J. Vitale. Attorney Fred Arthur Schwartz added to party Robert J. Vitale(pty:dft). (Schwartz, Fred) (Entered: 11/05/2014) | |||
| 2014-11-07 | 13 | 0 | NOTICE of Attorney Appearance by George Terry Yoss on behalf of Coral Springs Investment Group, Inc., Robert J. Vitale. Attorney George Terry Yoss added to party Coral Springs Investment Group, Inc. (pty:dft), Attorney George Terry Yoss added to party Robert J. Vitale(pty:dft). (Yoss, George) (Entered: 11/07/2014) | |||
| 2014-11-10 | 14 | 0 | NOTICE of Attorney Appearance by Derek Bentsen on behalf of Securities & Exchange Commission. Attorney Derek Bentsen added to party Securities & Exchange Commission(pty:pla). (Bentsen, Derek) (Entered: 11/10/2014) | |||
| 2014-11-11 | 15 | 0 | NOTICE of Attorney Appearance by Andrew M. Hinkes on behalf of Daniel J. Stermer. Attorney Andrew M. Hinkes added to party Daniel J. Stermer(pty:dft). (Hinkes, Andrew) (Entered: 11/11/2014) | |||
| 2014-11-11 | 16 | 0 | NOTICE by Daniel J. Stermer of Filing Order Appointing Receiver Entered Into on April 24, 2014 (Attachments: # 1 Exhibit A) (Hinkes, Andrew) (Entered: 11/11/2014) | |||
| 2014-11-11 | 17 | 0 | NOTICE of Attorney Appearance by Andrew M. Hinkes on behalf of Daniel J. Stermer (Hinkes, Andrew) (Entered: 11/11/2014) | |||
| 2014-11-14 | 18 | 0 | ENDORSED ORDER Granting Plaintiff's Ore Tenus motion for leave to amend its complaint. Plaintiff shall file its amended complaint within 20 days of this Order. Signed by Judge Darrin P. Gayles on 11/12/2014. (alt) (Entered: 11/14/2014) | |||
| 2014-11-14 | 19 | 0 | SCHEDULING ORDER Setting Civil Trial Date and Pretrial Schedule, Requiring Mediation, and Referring Certain Motions To Magistrate Judge: ( Pretrial Conference set for 6/24/2015 09:30 AM before Judge Darrin P. Gayles., Jury Trial set for 7/27/2015 09:30 AM before Judge Darrin P. Gayles., Calendar Call set for 7/22/2015 09:30 AM before Judge Darrin P. Gayles., Amended Pleadings due by 12/12/2014., Discovery due by 3/13/2015., Expert Discovery due by 3/13/2015., Joinder of Parties due by 12/12/2014., Mediation Deadline 4/24/2015., In Limine Motions due by 5/22/2015., Dispositive Motions due by 3/27/2015., Motions due by 5/22/2015., Pretrial Stipulation due by 6/19/2015.) Signed by Judge Darrin P. Gayles on 11/14/2014. (cbr) (Entered: 11/17/2014) | |||
| 2014-12-17 | 20 | 0 | Agreed MOTION to Amend/Correct 18 Order by Robert J. Vitale. Responses due by 1/5/2015 (Schwartz, Fred) (Entered: 12/17/2014) | |||
| 2014-12-23 | 21 | 0 | MOTION for Extension of Time to Amend 8 Answer to Complaint by Robert J. Vitale. Attorney Jan Douglas Atlas added to party Robert J. Vitale(pty:dft). Responses due by 1/9/2015 (Atlas, Jan) (Entered: 12/23/2014) | |||
| 2014-12-23 | 22 | 0 | NOTICE by Daniel J. Stermer of Agreed Order Terminating Receivership and Discharging Receiver (Attachments: # 1 Exhibit A) (Hinkes, Andrew) (Entered: 12/23/2014) | |||
| 2015-01-07 | 26 | 0 | ENDORSED ORDER granting 21 Motion for Extension of Time to Amend Answer. Defendant Robert Vitale shall file a responsive pleading on or before January 16, 2015. Signed by Judge Darrin P. Gayles on 1/7/2015. (alt) (Entered: 01/07/2015) | |||
| 2015-01-07 | 27 | 0 | ENDORSED ORDER denying as moot 20 Motion to Amend. Signed by Judge Darrin P. Gayles on 1/7/2015. (alt) (Entered: 01/07/2015) | |||
| 2015-01-14 | 28 | 0 | RESPONSE/REPLY Objections to TRO by Realty Acquisitions and Trust, Inc., Robert J. Vitale. (Schwartz, Fred) (Entered: 01/14/2015) | |||
| 2015-01-16 | 29 | 0 | Second Amended ANSWER and Affirmative Defenses to Complaint with Jury Demand by Realty Acquisitions and Trust, Inc., Robert J. Vitale. (Schwartz, Fred) (Entered: 01/16/2015) | |||
| 2015-01-27 | 30 | 0 | Consent MOTION to Amend/Correct 19 Scheduling Order, Order Referring Case to Mediation, Order Referring Case to Judge,,,,,, by Securities & Exchange Commission. Responses due by 2/13/2015 (Attachments: # 1 Text of Proposed Order)(Bresnicky, James) (Entered: 01/27/2015) | |||
| 2015-02-06 | 31 | 0 | ORDER Setting Hearing on the Temporary Restraining Order Application and Objections. Hearing set for 3/5/2015 10:00 AM in Miami Division before Judge Darrin P. Gayles. Signed by Judge Darrin P. Gayles on 3/5/2015. (alt) (Entered: 02/06/2015) | |||
| 2015-02-06 | 32 | 0 | Amended Scheduling Order; granting 30 Motion to Amend/Correct. Discovery due by 7/13/2015. Expert Discovery due by 7/13/2015. Mediation Deadline 8/24/2015. Dispositive Motions due by 7/27/2015. In Limine Motions due by 9/22/2015. Motions due by 9/22/2015. Calendar Call set for 11/25/2015 09:30 AM before Judge Darrin P. Gayles. Jury Trial set for 11/30/2015 before Judge Darrin P. Gayles. Pretrial Conference set for 10/28/2015 09:30 AM before Judge Darrin P. Gayles. Signed by Judge Darrin P. Gayles on 2/6/2015. (cbr) (Entered: 02/09/2015) | |||
| 2015-03-05 | 33 | 0 | ENDORSED ORDER REFERRING CASE to Magistrate Judge William C. Turnoff for Settlement Conference to occur within 60 days. Signed by Judge Darrin P. Gayles on 3/5/2015. (alt) (Entered: 03/05/2015) | |||
| 2015-03-09 | 34 | 0 | ORDER Scheduling Settlement Conference for 3/30/2015 at 01:00 PM in Miami Division before Magistrate Judge William C. Turnoff. Signed by Magistrate Judge William C. Turnoff on 3/9/15. (lml) (Entered: 03/09/2015) | |||
| 2015-03-19 | 35 | 0 | MOTION to Continue Settlement Conference by Realty Acquisitions and Trust, Inc., Robert J. Vitale. Responses due by 4/6/2015 (Schwartz, Fred) (Entered: 03/19/2015) | |||
| 2015-03-24 | 36 | 0 | ENDORSED ORDER granting 35 Defendant's Motion to Continue Settlement Conference. The Settlement Conference scheduled on 3/31/15 is hereby canceled. It is re-set for 6/9/2015 at 01:00 PM in Miami Division before Magistrate Judge William C. Turnoff. No further continuances shall be allowed. Signed by Magistrate Judge William C. Turnoff on 3/24/15. (lml) (Entered: 03/24/2015) | |||
| 2015-03-31 | 37 | 0 | Paperless Minute Entry for proceedings held before Judge Darrin P. Gayles: Motion Hearing held on 3/31/2015 re 30 Consent MOTION to Amend/Correct 19 Scheduling Order. Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov (alt) (Entered: 03/31/2015) | |||
| 2015-04-03 | 38 | 0 | Consent MOTION to Amend/Correct 32 Order on Motion to Amend/Correct,, by Securities & Exchange Commission. Responses due by 4/20/2015 (Attachments: # 1 Text of Proposed Order proposed order)(Bresnicky, James) (Entered: 04/03/2015) | |||
| 2015-04-21 | 39 | 0 | Second Amended Scheduling Order; granting 38 Motion to Amend/Correct. Discovery due by 9/16/2015. Expert Discovery due by 9/16/2015. Mediation Deadline 10/28/2015. Dispositive Motions due by 9/30/2015. In Limine Motions due by 11/26/2015. Motions due by 11/26/2015. Pretrial Stipulation due by 12/18/2015. Calendar Call set for 1/20/2016 09:30 AM before Judge Darrin P. Gayles. Jury Trial set for 1/25/2016 before Judge Darrin P. Gayles. Pretrial Conference set for 12/23/2015 09:30 AM before Judge Darrin P. Gayles. Signed by Judge Darrin P. Gayles on 4/21/2015. (cbr) (Entered: 04/21/2015) | |||
| 2015-05-28 | 40 | 0 | Unopposed MOTION to Amend/Correct 34 Order, Set/Reset Hearings for partial relief from order scheduling settlement conference by Securities & Exchange Commission. Responses due by 6/15/2015 (Attachments: # 1 Text of Proposed Order)(Bresnicky, James) (Entered: 05/28/2015) | |||
| 2015-06-02 | 41 | 0 | ENDORSED ORDER RESCHEDULING Settlement Conference for 6/18/2015 at 01:00 PM in Miami Division before Magistrate Judge William C. Turnoff. Signed by Magistrate Judge William C. Turnoff on 6/2/15. (lml) (Entered: 06/02/2015) | |||
| 2015-06-02 | 42 | 0 | ENDORSED ORDER granting 40 Plaintiff's Unopposed Motion for Partial Relief From Paragraph 2 of the Order Scheduling Settlement Conference. Plaintiff SEC may be represented by the Assistant Director who shall have full authority to negotiate a settlement and recommend same for approaval to the SEC Commissioners. Signed by Magistrate Judge William C. Turnoff on 6/2/15. (lml) (Entered: 06/02/2015) | |||
| 2015-06-03 | 43 | 0 | NOTICE of Attorney Appearance by Patrick Reinhold Costello on behalf of Securities & Exchange Commission. Attorney Patrick Reinhold Costello added to party Securities & Exchange Commission(pty:pla). (Costello, Patrick) (Entered: 06/03/2015) | |||
| 2015-06-15 | 44 | 0 | *Endorsed Order Re-Setting Settlement Conference upon ore tenus request from Plaintiff and upon Plaintiff's representation of non-opposition from Defendants. The settlement conference is re-set for 6/24/2015 at 01:00 PM in Miami Division before Magistrate Judge William C. Turnoff. Signed by Magistrate Judge William C. Turnoff on 6/15/15. (lml) (Entered: 06/15/2015) | |||
| 2015-06-24 | 45 | 0 | Minute Entry for proceedings held before Magistrate Judge William C. Turnoff: Settlement Conference held on 6/24/2015. (Time: 1:00PM-3:30PM). Case settled subject to SEC approval. (lw1) (Entered: 06/24/2015) | |||
| 2015-06-26 | 46 | 0 | Notice of Court Practice re Notice of Settlement; Administrative Order Closing Case. Signed by Judge Darrin P. Gayles on 6/26/2015. (alt) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69. (Entered: 06/26/2015) | |||
| 2015-07-31 | 47 | 0 | Plaintiff's MOTION for Judgment against all defendants and relief defendant by Securities & Exchange Commission. (Attachments: # 1 Exhibit Vitale consent to judgment, # 2 Exhibit RATI consent to judgment, # 3 Exhibit CSIG consent to judgment, # 4 Exhibit Vitale judgment, # 5 Exhibit RATI judgment, # 6 Exhibit CSIG judgment)(Bresnicky, James) (Entered: 07/31/2015) | |||
| 2015-08-12 | 48 | 0 | ENDORSED ORDER Granting 47 Motion for Judgment. The Court shall issue separate Orders for each Defendant detailing the Court's ruling. Signed by Judge Darrin P. Gayles on 8/12/2015. (alt) (Entered: 08/12/2015) | |||
| 2015-08-12 | 49 | 0 | FINAL JUDGMENT as to Relief Defendant Coral Springs Investment Group, Inc. Signed by Judge Darrin P. Gayles on 8/12/2015. (cbr) (Entered: 08/12/2015) | 2015-11-20 01:25:12 | e55884f2f6eba542b2fa21e04cf752f1f0fe40c7 | |
| 2015-08-12 | 50 | 0 | Final Judgment of Permanent Injunction and other Relief as to Defendant Realty Aquisitions & Trust, Inc. Signed by Judge Darrin P. Gayles on 8/12/2015. (cbr) (Entered: 08/12/2015) | 2015-11-20 01:26:32 | 25d7fe991ba5238f4e55afb0d2f399e8d3c57c3c | |
| 2015-08-12 | 51 | 0 | FINAL JUDGMENT of Permanent Injunction and Other Relief as to Defendant Robert J. Vitale Signed by Judge Darrin P. Gayles on 8/12/2015. (cbr) (Entered: 08/12/2015) | 2015-11-20 01:40:01 | 1b0d784d9a16c8177aa3ea898d7e6cd05dd521a3 | |
| 2015-10-30 | 52 | 0 | Unopposed MOTION to Appoint Receiver /Liquidation Agent by Securities & Exchange Commission. Responses due by 11/16/2015 (Attachments: # 1 Text of Proposed Order Appointing Liquidation Agent)(Bresnicky, James) (Entered: 10/30/2015) | |||
| 2015-11-03 | 53 | 0 | ORDER granting 52 Motion to Appoint Liquidation Agent. Signed by Judge Darrin P. Gayles on 11/3/2015. (hs01) (Entered: 11/03/2015) |