SECURITIES AND EXCHANGE COMMISSION v. CARNEY et al

Pennsylvania Western District Court
Judge:	Robert J Colville
Case #:	2:21-cv-00720
Nature of Suit	850 Other Statutes - Securities/Commodities/Exchange
Cause	15:77 Securities Fraud

Case Filed:

Jun 01, 2021

Docket
Parties (4)

Last checked: Sunday Nov 28, 2021 4:27 AM EST

Defendant KEVIN T. CARNEY	Represented By Marco S. Attisano Attisano & Romano contact info
Defendant JONATHAN D. FREEZE
Defendant ROBERT J. IREY	Represented By Andrew Lipson Office Of The Federal Public Defender contact info
Plaintiff SECURITIES AND EXCHANGE COMMISSION	Represented By Jennifer Chun Barry U.S. Securities And Exchange Commission contact info Karen M. Klotz U.S. Securities And Exchange Commission contact info

Docket last updated: 4 hours ago

Friday, October 01, 2021
34		34 order Order Staying Case ~Util - Terminate Motions Fri 10/01 10:07 AM ORDER indicating that, given the representations in Defendant Kevin T. Carney's Motion to Stay Proceedings Pending Resolution of Parallel Criminal Prosecution32 , which requests a stay of the present proceedings as to only Defendant Kevin T. Carney, and given that Plaintiff takes no position as to the relief requested by way of the Motion, see Mot. 16, ECF. No.32 , the Court sees no reason as to why the entire present matter should not be stayed as to all of the Defendants pending resolution of the parallel criminal prosecutions. Accordingly, it is hereby ordered that this case is stayed as to all Defendants pending further order of court. Any party may seek relief from this Order, if appropriate, at any time. It is hereby further ordered that Plaintiff's Motion for Default Judgment21 , which was filed as to all three Defendants and remains pending as to only Defendant Jonathan D. Freeze, is dismissed without prejudice to be refiled, if warranted and appropriate, when the stay in this matter is lifted. It is hereby further ordered that, given the stay imposed by this Order, Defendant Robert J. Irey's Motion to Extend Time to File Answer to the Complaint33 is dismissed as moot. Defendants Robert J. Irey and Kevin T. Carney shall file an answer to the Complaint within 21 days of the stay being lifted in this matter. Signed by Judge Robert J. Colville on 10/1/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg) Related: [-]
Thursday, September 30, 2021
33		33 2 pgs motion Extension of Time to File Answer Thu 09/30 4:39 PM MOTION for Extension of Time to File Answer to the Complaint by ROBERT J. IREY. (Lipson, Andrew) Related: [-]
		Att: 1 Proposed Order
32		32 5 pgs motion Stay Thu 09/30 4:27 PM MOTION to Stay Proceedings Pending Resolution of Parallel Criminal Prosecution by KEVIN T. CARNEY. (Attisano, Marco) Related: [-]
		Att: 1 Proposed Order,
		Att: 2 1 pgs Certificate of Service
31		31 1 pgs order Order on Motion to Vacate Order on Motion for Extension of Time to File Answer Thu 09/30 2:18 PM ORDER granting27 Defendant Kevin Carney's Motion To Vacate Entry Of Default And Extend Time To File Answer To the Complaint; that the entry of default by the Clerk of Court18 , entered on 7/15/21, at to Defendant Kevin Carney is hereby vacated; that Defendant Kevin Carney's answer to the Complaint is due on or before 10/21/21. Signed by Judge Robert J. Colville on 9/30/21. (jg) Related: [-]
30		30 respm Response to Motion Thu 09/30 1:23 PM RESPONSE to Motion re27 MOTION to Vacate Entry of Default MOTION for Extension of Time to File Answer To Complaint filed by SECURITIES AND EXCHANGE COMMISSION. (Klotz, Karen) Related: [-]
Friday, September 17, 2021
29		29 1 pgs order Order on Motion for Extension of Time to File Answer Fri 09/17 2:12 PM ORDER granting28 Motion for Extension of Time to Answer; Defendant ROBERT J. IREY's Answer to Complaint is now due by 10/1/21. Signed by Judge Robert J. Colville on 9/17/21. (jg) Related: [-]
28		28 motion Extension of Time to File Answer Fri 09/17 1:58 PM MOTION for Extension of Time to File Answer to the Complaint by ROBERT J. IREY. (Lipson, Andrew) Related: [-]
		Att: 1 Proposed Order
Tuesday, September 14, 2021
27		27 5 pgs motion Vacate Extension of Time to File Answer Tue 09/14 2:59 PM MOTION to Vacate Entry of Default , MOTION for Extension of Time to File Answer To Complaint by KEVIN T. CARNEY. (Attisano, Marco) Related: [-]
		Att: 1 Proposed Order,
		Att: 2 Certificate of Service
26		26 1 pgs notice Notice of Appearance Tue 09/14 2:44 PM NOTICE of Appearance by Marco S. Attisano on behalf of KEVIN T. CARNEY. (Attisano, Marco) Related: [-]
Thursday, August 26, 2021
25		25 1 pgs order Order on Motion to Vacate Order on Motion for Extension of Time to File Answer Thu 08/26 10:47 AM ORDER granting Defendant Robert J. Irey's Motion to Vacate Entry of Default and Extend Time to File Answer; that the entry of default by the Clerk of Court, entered 7/15/21, is vacated as to Defendant Robert J. Irey; that Defendant Robert J. Irey's Answer to Complaint is due by 9/17/21. Signed by Judge Robert J. Colville on 8/26/21. (jg) Related: [-]
24		24 2 pgs respm Response to Motion Thu 08/26 10:33 AM RESPONSE to Motion re23 MOTION to Vacate Entry of Default MOTION for Extension of Time to File Answer to the Complaint filed by SECURITIES AND EXCHANGE COMMISSION. (Klotz, Karen) Related: [-]
		Att: 1 Certificate of Service
Friday, August 13, 2021
23		23 5 pgs motion Vacate Extension of Time to File Answer Fri 08/13 9:26 AM MOTION to Vacate Entry of Default , MOTION for Extension of Time to File Answer to the Complaint by ROBERT J. IREY. (Lipson, Andrew) Related: [-]
		Att: 1 Proposed Order
22		22 1 pgs notice Notice of Appearance Fri 08/13 9:14 AM NOTICE of Appearance by Andrew Lipson on behalf of ROBERT J. IREY. (Lipson, Andrew) Related: [-]
Tuesday, August 10, 2021
21		21 2 pgs motion Default Judgment Tue 08/10 4:20 PM MOTION for Default Judgment against KEVIN T. CARNEY, JONATHAN D. FREEZE, ROBERT J. IREY and Permanent Injunctions by SECURITIES AND EXCHANGE COMMISSION. (Klotz, Karen) Related: [-]
		Att: 1 26 pgs Memorandum of Law in support of Motion,
		Att: 2 2 pgs KMK Declaration,
		Att: 3 3 pgs Proposed Order,
		Att: 4 1 pgs Certificate of Service
		respm Brief / Memorandum of Law in Support of Motion Tue 08/17 9:05 AM BRIEF in Support re21 Motion for Default Judgment, filed by SECURITIES AND EXCHANGE COMMISSION. See document attached to21 Motion. (cel) Modified text on 8/17/2021. (cel) Related: [-]
Thursday, July 15, 2021
20		20 order Clerk's Entry of Default Thu 07/15 2:21 PM CLERK'S ENTRY OF DEFAULT as to ROBERT J. IREY (cel) Related: [-]
19		19 1 pgs order Clerk's Entry of Default Thu 07/15 2:20 PM CLERK'S ENTRY OF DEFAULT as to JONATHAN D. FREEZE (cel) Related: [-]
18		18 order Clerk's Entry of Default Thu 07/15 2:20 PM CLERK'S ENTRY OF DEFAULT as to KEVIN T. CARNEY (cel) Related: [-]
		misc QC - Wrong event selected Thu 07/15 10:20 AM CLERK'S OFFICE QUALITY CONTROL MESSAGE re12 Affidavit of Service,14 Affidavit of Service,13 Affidavit of Service. ERROR: Wrong event selected. CORRECTION: Re-docketed as Summons / Return of Service Returned Executed. This message is for informational purposes only. (cel) Related: [-]
Monday, July 12, 2021
17		17 misc Request for Default Mon 07/12 4:44 PM REQUEST by SECURITIES AND EXCHANGE COMMISSION for entry of DEFAULT against ROBERT J. IREY . (Klotz, Karen) Related: [-]
		Att: 1 Declaration of Karen M. Klotz,
		Att: 2 Exhibit A,
		Att: 3 Proposed Order,
		Att: 4 Certificate of Service
16		16 2 pgs misc Request for Default Mon 07/12 4:41 PM REQUEST by SECURITIES AND EXCHANGE COMMISSION for entry of DEFAULT against JONATHAN D. FREEZE . (Klotz, Karen) Related: [-]
		Att: 1 Declaration of Karen M. Klotz,
		Att: 2 Exhibit A,
		Att: 3 Proposed Order,
		Att: 4 Certificate of Service
15		15 misc Request for Default Mon 07/12 4:35 PM REQUEST by SECURITIES AND EXCHANGE COMMISSION for entry of DEFAULT against KEVIN T. CARNEY . (Klotz, Karen) Related: [-]
		Att: 1 Declaration of Karen M. Klotz,
		Att: 2 Exhibit A,
		Att: 3 Proposed Order,
		Att: 4 Certificate of Service
Wednesday, June 16, 2021
14		14 service Affidavit of Service Wed 06/16 12:22 PM AFFIDAVIT of Service for Complaint and Summons served on Robert J. Irey on 6/9/2021, filed by SECURITIES AND EXCHANGE COMMISSION. (Klotz, Karen) Related: [-]
13		13 service Affidavit of Service Wed 06/16 12:21 PM AFFIDAVIT of Service for Complaint and Summons served on Jonathan D. Freeze on 6/9/2021, filed by SECURITIES AND EXCHANGE COMMISSION. (Klotz, Karen) Related: [-]
12		12 service Affidavit of Service Wed 06/16 12:19 PM AFFIDAVIT of Service for Complaint and Summons served on Kevin T. Carney on 6/9/2021, filed by SECURITIES AND EXCHANGE COMMISSION. (Klotz, Karen) Related: [-]
11		11 1 pgs order Order on Motion to Appear Pro Hac Vice Wed 06/16 11:56 AM ORDER granting10 Motion for Jennifer Chun Barry, Esquire to Appear Pro Hac Vice (on behalf of Plaintiff). Signed by Judge Robert J. Colville on 6/16/21. (jg) Related: [-]
10		10 1 pgs motion Appear Pro Hac Vice (for Attorney filers only, Credit Card required) Wed 06/16 11:41 AM MOTION for attorney Jennifer Chun Barry to Appear Pro Hac Vice, (Filing fee $70 by SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Exhibit 1 Affidavit of Jennifer Chun Barry, #2 Exhibit 2 Certificate of Good Standing for Jennifer Chun Barry, #3 Proposed Order, #4 Certificate of Service) (Barry, Jennifer) (Entered: 06/16/2021) Related: [-]
9		9 1 pgs order Order on Motion to Appear Pro Hac Vice Wed 06/16 11:40 AM ORDER granting8 Motion for Karen M. Klotz, Esquire to Appear Pro Hac Vice (on behalf of Plaintiff). Signed by Judge Robert J. Colville on 6/16/21. (jg) Related: [-]
8		8 1 pgs motion Appear Pro Hac Vice (for Attorney filers only, Credit Card required) Wed 06/16 11:31 AM MOTION for attorney Karen M. Klotz to Appear Pro Hac Vice, (Filing fee $70 by SECURITIES AND EXCHANGE COMMISSION. (Attachments: #1 Exhibit 1 Affidavit of Karen M. Klotz, #2 Exhibit 2 Certificate of Good Standing of Karen M. Klotz, #3 Proposed Order, #4 Certificate of Service) (Klotz, Karen) (Entered: 06/16/2021) Related: [-]
		utility Update Answer Deadline Wed 06/16 3:25 PM Update Answer Deadline: Answer due from KEVIN T. CARNEY on 6/30/2021; JONATHAN D. FREEZE on 6/30/2021; ROBERT J. IREY on 6/30/2021 (jd) Related: [-]
		service Summons/Return of Service Returned Executed Wed 07/14 11:46 AM SUMMONS/Return of Service Returned Executed by SECURITIES AND EXCHANGE COMMISSION. KEVIN T. CARNEY served on 6/9/2021, answer due 6/30/2021; JONATHAN D. FREEZE served on 6/9/2021, answer due 6/30/2021; ROBERT J. IREY served on 6/9/2021, answer due 6/30/2021. (cel) Related: [-]
Thursday, June 03, 2021
7		7 notice Notice (Other) - Do Not Use for ADR Documents Thu 06/03 8:41 AM AT&T SCHEDULING NOTICE FOR ALL TELEPHONIC CONFERENCES. Every Telephonic Conference conducted will be via an AT&T call-in number which requires participants to dial-in and provide an access code. When a Telephonic Conference is scheduled you will be instructed to refer back to this. This document has a security setting of "Case Participants Only," so only those individuals will have access to view the document. (jg) Related: [-]
6		6 2 pgs order Order Thu 06/03 8:40 AM ORDER RE: Rule 12(b) Motions (details more fully stated in said Order). Signed by Judge Robert J. Colville on 6/3/21. (jg) Related: [-]
5		5 1 pgs adr Notice of ADR Designation Thu 06/03 8:39 AM NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (jg) Related: [-]
4		4 2 pgs notice Notice (Other) - Do Not Use for ADR Documents Thu 06/03 8:39 AM NOTICE of Judge Colville's brother's employment with the United States Attorney's Office. (jg) Related: [-]
3		3 order Order Reassigning Case Thu 06/03 8:08 AM ORDER REASSIGNING CASE. Case reassigned to Judge Robert J. Colville for all further proceedings. Judge William S. Stickman no longer assigned to case. Signed by Judge William S. Stickman on 06/03/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eca) Related: [-]
Wednesday, June 02, 2021
2		2 2 pgs service Summons Issued Wed 06/02 2:02 PM Summons Issued as to KEVIN T. CARNEY, JONATHAN D. FREEZE, ROBERT J. IREY (cel) Related: [-]
		Att: 1 Summons,
		Att: 2 Summons
Tuesday, June 01, 2021
1		1 15 pgs cmp Complaint (for Clerk of Court personnel only) Wed 06/02 1:46 PM COMPLAINT against KEVIN T. CARNEY, JONATHAN D. FREEZE, ROBERT J. IREY filed by SECURITIES AND EXCHANGE COMMISSION. (cel) Related: [-]
		Att: 1 3 pgs Civil Cover Sheet

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