Securities and Exchange Commission v. Starkweather et al
| New York Eastern District Court | |
| Judge: | Lashann Dearcy Hall |
| Referred: | Cheryl L Pollak |
| Case #: | 1:19-cv-05528 |
| Nature of Suit | 850 Other Statutes - Securities/Commodities/Exchange |
| Cause | 15:78m(a) Securities Exchange Act |
| Case Filed: | Sep 30, 2019 |
| Terminated: | Dec 01, 2021 |
| Last checked: Saturday Mar 28, 2020 5:53 AM EDT |
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Defendant
Andiamo Corporation
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Defendant
Michael J. Starkweather
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Plaintiff
Securities and Exchange Commission
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Represented By
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GPO
Oct 27 2021
REPORT AND RECOMMENDATION re 32-34: As explained in the attached Report and Recommendation, this Court respectfully recommends that the District Court grant the SECs motion for default judgment and adopt its proposed Order. It is recommended that defendant Andiamo Corporation be permanently enjoined from future violations of the securities laws and that a civil penalty in the amount of $150,000 be imposed. The SEC is Ordered to serve this Report and Recommendation on defendants and file an affidavit of service through the Electronic Case Filing system immediately. Objections to this Report and Recommendation due by 11/10/2021. So Ordered by Chief Magistrate Judge Cheryl L. Pollak on 10/27/2021. (Henney, Scott) |
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GPO
Nov 30 2021
ORDER ADOPTING REPORT AND RECOMMENDATION: No objections have been filed to Magistrate Judge Cheryl L. Pollak's October 27, 2021 Report and Recommendation 35 ("R&R"), which recommends that the Court grant the Commission's motion 32 for default judgment, permanently enjoin Defendant Andiamo Corporation from future violations of the securities laws, and impose a civil penalty in the amount of $150,000 against Defendant Andiamo Corporation. The Court has reviewed the R&R for clear error, and, finding none, hereby adopts Magistrate Judge Pollak's R&R in its entirety as the opinion of this Court. Accordingly, Plaintiff's motion 32 for default judgment is GRANTED as set forth in the R&R and the attached order. The Clerk of Court is respectfully directed to enter judgment and close this case. Ordered by Judge LaShann DeArcy Hall on 11/30/2021. (Williams, Erica) |
| Docket last updated: 05/03/2024 11:59 PM EDT |
| Thursday, February 16, 2023 | ||
| 39 | 39
notice
Notice of Appearance
Thu 02/16 3:02 PM
NOTICE of Appearance by Maureen Peyton King on behalf of Securities and Exchange Commission (aty to be noticed) (King, Maureen) |
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| Wednesday, December 01, 2021 | ||
| 38 | 38
order
Judgment - Default
Wed 12/01 12:37 PM
DEFAULT JUDGMENT, that the Motion is GRANTED for the reasons set forth in the Commission's papers supporting the Motion; FURTHER ORDERED and ADJUDGED that Andiamo is permanently restrained and enjoined from violating, directly or indirectly, Section 10(b) of the Securities Exchange Act of1934 (Exchange Act) [15 U.S.C. § 78j(b)] and Rule 10b-5 promulgated thereunder [17 C.F.R. § 240.10b-5]. FURTHER ORDERED and ADJUDGED that Andiamo shall pay a civil penalty in the amount of $150,000 to the Securities and Exchange Commission pursuant to Exchange Act Section 21(d)(3) [15 U.S.C. § 78u(d)(3)]. Andiamo shall make this payment within 30 days after entry of this Judgment. (See attached for details). Signed by Douglas C. Palmer, Clerk of Court By J. Poveda, Deputy Clerk on 12/1/2021. (Layne, Monique) |
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| Tuesday, November 30, 2021 | ||
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3
pgs
order
Order Adopting Report and Recommendations Order on Report and Recommendations Order on Motion for Default Judgment
Tue 11/30 9:36 AM
ORDER ADOPTING REPORT AND RECOMMENDATION: No objections have been filed to Magistrate Judge Cheryl L. Pollak's October 27, 2021 Report and Recommendation35 ("R&R"), which recommends that the Court grant the Commission's motion32 for default judgment, permanently enjoin Defendant Andiamo Corporation from future violations of the securities laws, and impose a civil penalty in the amount of $150,000 against Defendant Andiamo Corporation. The Court has reviewed the R&R for clear error, and, finding none, hereby adopts Magistrate Judge Pollak's R&R in its entirety as the opinion of this Court. Accordingly, Plaintiff's motion32 for default judgment is GRANTED as set forth in the R&R and the attached order. The Clerk of Court is respectfully directed to enter judgment and close this case. Ordered by Judge LaShann DeArcy Hall on 11/30/2021. (Williams, Erica) |
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| Wednesday, October 27, 2021 | ||
| 36 | 36
service
Affidavit of Service
Wed 10/27 4:58 PM
AFFIDAVIT of Service for Chief Magistrate Judge Pollak's Report and Recommendation served on Defendant Andiamo Corporation and Defendant Michael J. Starkweather on October 27, 2021, filed by Securities and Exchange Commission. (Krishnamurthy, Preethi) |
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| 35 | 35
motion
Report and Recommendations
Wed 10/27 10:54 AM
REPORT AND RECOMMENDATION re32 -34 : As explained in the attached Report and Recommendation, this Court respectfully recommends that the District Court grant the SECs motion for default judgment and adopt its proposed Order. It is recommended that defendant Andiamo Corporation be permanently enjoined from future violations of the securities laws and that a civil penalty in the amount of $150,000 be imposed. The SEC is Ordered to serve this Report and Recommendation on defendants and file an affidavit of service through the Electronic Case Filing system immediately. Objections to this Report and Recommendation due by 11/10/2021 . So Ordered by Chief Magistrate Judge Cheryl L. Pollak on 10/27/2021. (Henney, Scott) |
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| Tuesday, June 01, 2021 | ||
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order
Order Referring Motion
Tue 06/01 6:43 PM
ORDER REFERRING MOTION: Plaintiff's motion32 for default judgment is respectfully referred to Chief Magistrate Judge Cheryl L. Pollak for a report and recommendation. Ordered by Judge LaShann DeArcy Hall on 6/1/2021. (Williams, Erica) |
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| Monday, May 17, 2021 | ||
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respoth
Reply in Support
Mon 05/17 10:43 AM
REPLY in Support re32 MOTION for Default Judgment Letter notice that defendant Andiamo Corp. does not oppose the motion filed by Securities and Exchange Commission. (Krishnamurthy, Preethi) |
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Att: 1
Exhibit 1
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| Friday, April 16, 2021 | ||
| 33 | 33
service
Certificate of Service
Fri 04/16 6:37 PM
CERTIFICATE OF SERVICE by Securities and Exchange Commission re32 MOTION for Default Judgment (Krishnamurthy, Preethi) |
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| 32 | 32
motion
Default Judgment
Fri 04/16 2:41 PM
MOTION for Default Judgment by Securities and Exchange Commission. (Krishnamurthy, Preethi) |
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Att: 1
Memorandum in Support,
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Att: 2
Declaration of Preethi Krishnamurthy,
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Att: 3
Exhibit 1,
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Att: 4
Exhibit 2,
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Att: 5
Exhibit 3,
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Att: 6
Exhibit 4,
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Att: 7
Exhibit 5,
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Att: 8
Exhibit 6,
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Att: 9
Exhibit 7,
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Att: 10
Exhibit 8,
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Att: 11
Exhibit 9,
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Att: 12
Exhibit 10,
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Att: 13
Exhibit 11,
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Att: 14
Exhibit 12,
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Att: 15
Exhibit 13,
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Att: 16
Exhibit 14,
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Att: 17
Exhibit 15 (Proposed Judgment)
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| Wednesday, March 24, 2021 | ||
| 31 | 31
service
Affidavit of Service
Wed 03/24 5:14 PM
AFFIDAVIT of Service for Text Order dated March 18, 2021 served on Andiamo Corporation on March 24, 2021, filed by Securities and Exchange Commission. (Krishnamurthy, Preethi) |
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| Thursday, March 18, 2021 | ||
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order
Order(Other)
Thu 03/18 11:30 AM
ELECTRONIC SCHEDULING ORDER re.28 : Plaintiff is Ordered to file its motion for default judgment no later than 4/16/2021 ; defendant Andiamo Corp.'s response is due by 5/7/2021 ; plaintiff's reply by 5/14/2021 . Plaintiff is ordered to serve this Electronic Order on the defendant and to file proof of service no later than 3/26/2021. So Ordered by Chief Magistrate Cheryl L. Pollak on 3/18/2021. (Moon, Chloe) |
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| Thursday, March 11, 2021 | ||
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misc
Mail Returned
Fri 03/12 11:33 AM
Mail-27 order,29 jgt. w/Appeals packet-sent to Michael J. Starkweather,38033 Eddge Meadow Court North,Ridgeville,OH 44039-5126-was Returned as Undeliverable w/Notation:"RTS". (Layne, Monique) (Main Document 30 replaced on 3/12/2021) (Layne, Monique) |
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| Tuesday, January 19, 2021 | ||
| 29 | 29
2
pgs
order
Judgment - Clerk
Tue 01/19 12:58 PM
CLERK'S JUDGMENT: ORDERED and ADJUDGED that the motion to approve consent judgment is granted; that judgment is hereby entered against Defendant Michael J. Starkweather; that Defendant is permanently restrained and enjoined from violating, directly or indirectly, Section 10(b) of the Securities Exchange Act of 1934 (the Exchange Act) [15 U.S.C. § 78j(b)] and Rule 10b-5 promulgated thereunder [17 C.F.R. § 240.10b-5], by using any means or instrumentality of interstate commerce, or of the mails, or of any facility of any national securities exchange, in connection with the purchase or sale of any security. (See Judgment for details) Ordered by Jalitza Poveda, Deputy Clerk on behalf of Douglas C. Palmer, Clerk of Court on 1/19/2021. (Tavarez, Jennifer) |
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| Friday, January 15, 2021 | ||
| 28 | 28
2
pgs
misc
Status Report
Fri 01/15 12:20 PM
STATUS REPORT by Securities and Exchange Commission (Krishnamurthy, Preethi) |
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| Thursday, January 14, 2021 | ||
| 27 | 27
3
pgs
order
Order on Motion to Approve Consent Judgment
Thu 01/14 3:31 PM
ORDER: Plaintiff's letter motion to approve consent judgment26 is GRANTED. See attached for details. The Clerk of Court is respectfully directed to enter judgment against Defendant Michael J. Starkweather. Ordered by Judge LaShann DeArcy Hall on 1/14/2021. (Williams, Erica) |
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| Wednesday, January 06, 2021 | ||
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2
pgs
motion
Approve Consent Judgment
Wed 01/06 4:23 PM
Letter MOTION to Approve Consent Judgment by Securities and Exchange Commission. (Krishnamurthy, Preethi) |
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Att: 1
Proposed Judgment,
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Att: 2
Exhibit Consent of Michael J. Starkweather and Ex. A to the Consent
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| Monday, November 09, 2020 | ||
| 25 | 25
misc
Mail Returned
Thu 11/12 2:59 PM
Mail Returned as Undeliverable. 10/29/2020 Order returned to sender. Postal notation: unable to forward. (Ramesar, Thameera) |
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| Thursday, October 29, 2020 | ||
| 24 | 24
order
Status Report Order
Thu 10/29 12:28 PM
ORDER re.23 : Status Report due by 1/15/2021. So Ordered by Chief Magistrate Cheryl L. Pollak on 10/29/2020. (Moon, Chloe) |
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| Wednesday, October 28, 2020 | ||
| 23 | 23
misc
Status Report
Wed 10/28 11:01 AM
STATUS REPORT by Securities and Exchange Commission (Krishnamurthy, Preethi) |
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| Monday, October 19, 2020 | ||
| 22 | 22
misc
Mail Returned
Thu 10/22 1:35 PM
Mail Returned as Undeliverable.21 Order mailed to Michael J. Starkweather returned to sender. Postal notation: moved left no address (Ramesar, Thameera) |
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| Wednesday, September 02, 2020 | ||
| 21 | 21
order
Scheduling Order
Wed 09/02 10:34 AM
ORDER re.20 : The parties are Ordered to provide another status report on October 28, 2020 . So Ordered by Chief Magistrate Cheryl L. Pollak on 9/2/2020. (Moon, Chloe) |
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| Friday, August 28, 2020 | ||
| 20 | 20
misc
Status Report
Fri 08/28 11:01 AM
STATUS REPORT by Securities and Exchange Commission (Krishnamurthy, Preethi) |
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| Friday, July 24, 2020 | ||
| 19 | 19
1
pgs
order
Order on Motion for Extension of Time to Answer
Fri 07/24 11:35 AM
ORDER granting17 Motion for Extension of Time to Answer: Defendant's requests are granted, defendant is to file an Answer by August 21, 2020. The parties are to provide a status report to the Court by August 28, 2020. Plaintiff is directed to apprise Mr. Starkweather of this Order. So Ordered by Chief Magistrate Cheryl L. Pollak on 7/24/2020. (Hazelwood, John) |
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| Friday, July 17, 2020 | ||
| 18 | 18
misc
Status Report
Fri 07/17 12:46 PM
STATUS REPORT by Securities and Exchange Commission (Krishnamurthy, Preethi) |
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| Monday, July 13, 2020 | ||
| 17 | 17
motion
Extension of Time to File Answer
Mon 07/13 3:07 PM
MOTION for Extension of Time to File Answer as well as the date the parties are required to provide a status report by Michael J. Starkweather. (Caggiano, Diana) |
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| Thursday, May 28, 2020 | ||
| 16 | 16
1
pgs
order
Order on Motion for Extension of Time to Answer
Thu 05/28 5:04 PM
ORDER granting15 Motion for Extension of Time to Answer: Defendant's requests are granted, defendant is to file an Answer by July 10, 2020. The parties are to provide a status report to the Court by July 17, 2020. Plaintiff is directed to apprise Mr. Starkweather of this Order. So Ordered by Chief Magistrate Cheryl L. Pollak on 5/28/2020. (Hazelwood, John) |
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| Tuesday, May 26, 2020 | ||
| 15 | 15
motion
Extension of Time to File Answer
Tue 05/26 4:35 PM
MOTION for Extension of Time to File Answer (on consent) by Michael J. Starkweather. (Caggiano, Diana) |
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| Friday, April 10, 2020 | ||
| 14 | 14
1
pgs
order
Order on Motion for Extension of Time to Answer
Fri 04/10 1:23 PM
ORDER granting13 : Defendant's requests are granted, defendant is to file an Answer by May 22, 2020 . The parties are to provide a status report to the Court by June 8, 2020 . Plaintiff is directed to apprise Mr. Starkweather of this Order. So Ordered by Chief Magistrate Cheryl L. Pollak on 4/10/2020. (Hazelwood, John) |
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| Tuesday, April 07, 2020 | ||
| 13 | 13
motion
Extension of Time to File Answer
Tue 04/07 3:48 PM
MOTION for Extension of Time to File Answer by Michael J. Starkweather. (Caggiano, Diana) |
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| 12 | 12
misc
Status Report
Tue 04/07 2:03 PM
STATUS REPORT by Securities and Exchange Commission (Krishnamurthy, Preethi) |
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| Friday, January 24, 2020 | ||
| 11 | 11
1
pgs
order
Order on Motion for Extension of Time to Answer
Fri 01/24 5:12 PM
ORDER granting9 : Defendant's requests are granted, defendant is to file an Answer by March 17, 2020 . The parties are to provide a status report to the Court by April 7, 2020 . So Ordered by Magistrate Judge Cheryl L. Pollak on 1/24/2020. (Hazelwood, John) |
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| 10 | 10
order
Clerks Entry of Default
Fri 01/24 11:10 AM
Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Andiamo Corporation has failed to appear or otherwise defend this action, the default of defendant Andiamo Corporation is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure.(Poveda, J.) |
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| Friday, January 17, 2020 | ||
| 9 | 9
motion
Extension of Time to File Answer
Tue 01/21 3:57 PM
MOTION for Extension of Time to File Answer re1 Complaint, by Michael J. Starkweather. (Ramesar, Thameera) |
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| 8 | 8
misc
Request for Certificate of Default
Fri 01/17 10:39 AM
Request for Certificate of Default by Securities and Exchange Commission (Krishnamurthy, Preethi) |
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| Tuesday, January 07, 2020 | ||
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order
Status Report Order
Tue 01/07 2:00 PM
ELECTRONIC STATUS REPORT ORDER: The parties are directed to provide a status letter to this Court within thirty (30) days of the date of this Order. Status Report due by 2/7/2020. So Ordered by Magistrate Judge Cheryl L. Pollak on 1/7/2020. (Caggiano, Diana) |
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| Monday, December 02, 2019 | ||
| 7 | 7
service
Summons Returned Executed
Mon 12/02 10:06 AM
SUMMONS Returned Executed by Securities and Exchange Commission. Andiamo Corporation served on 11/20/2019, answer due 12/11/2019. (Krishnamurthy, Preethi) |
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| Friday, November 01, 2019 | ||
| 6 | 6
service
Summons Returned Executed
Fri 11/01 2:02 PM
SUMMONS Returned Executed by Securities and Exchange Commission. Michael J. Starkweather served on 10/30/2019, answer due 11/20/2019. (Krishnamurthy, Preethi) |
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| Thursday, October 03, 2019 | ||
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order
Order Reassigning Case
Thu 10/03 8:38 AM
ORDER REASSIGNING CASE. Case reassigned to Judge LaShann DeArcy Hall for all further proceedings. Chief Judge Dora Lizette Irizarry no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such.Ordered by Chief Judge Dora Lizette Irizarry on 10/3/2019. (Davis, Kimberly) |
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| Wednesday, October 02, 2019 | ||
| 5 | 5
service
Summons Issued
Wed 10/02 1:40 PM
Summons Issued as to Andiamo Corporation, Michael J. Starkweather. (Davis, Kimberly) |
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Att: 1
Summon
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| 4 | 4
misc
Quality Control Check - Attorney Case Opening
Wed 10/02 1:37 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
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| 3 | 3
misc
Clerks Notice of Rule 73
Wed 10/02 1:35 PM
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:[LINK:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf] . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) |
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| 2 | 2
notice
Notice of Appearance
Wed 10/02 12:20 PM
NOTICE of Appearance by Preethi Krishnamurthy on behalf of Securities and Exchange Commission (aty to be noticed) (Krishnamurthy, Preethi) |
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utility
Case Assigned/Reassigned
Wed 10/02 1:34 PM
Case Assigned to Chief Judge Dora Lizette Irizarry and Magistrate Judge Cheryl L. Pollak. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly) |
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| Monday, September 30, 2019 | ||
| 1 | 1
13
pgs
cmp
Complaint
Mon 09/30 3:24 PM
COMPLAINT against Andiamo Corporation, Michael J. Starkweather Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Securities and Exchange Commission. (Berger, Marc) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Proposed Summons Defendant Michael J. Starkweather,
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Att: 3
Proposed Summons Defendant Andiamo Corporation
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