Securities and Exchange Commission v. Tadrus et al
| New York Eastern District Court | |
| Judge: | Frederic Block |
| Referred: | Lara K Eshkenazi |
| Case #: | 1:23-cv-05708 |
| Nature of Suit | 850 Other Statutes - Securities/Commodities/Exchange |
| Cause | 15:78m(a) Securities Exchange Act |
| Case Filed: | Jul 28, 2023 |
| Last checked: Wednesday Jan 24, 2024 3:45 AM EST |
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Defendant
Mina Tadrus
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Represented By
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Defendant
Tadrus Capital LLC
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Represented By
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Intervenor
United States of America
U.S. Attorney for Eastern District 271 Cadman Plaza East
Brooklyn, NY 11201 |
Represented By
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Plaintiff
Securities and Exchange Commission
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Represented By
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GPO
Nov 02 2023
MEMORANDUM and ORDER: While the Court empathizes with the situation of Tadruss family, there is no legal basis for unfreezing allegedly tainted assets, especially where the currently frozen assets cannot cover likely disgorgement liability. For the foregoing reasons, Defendants motion 22 to access frozen funds for living expenses and attorneys fees is DENIED. Ordered by Judge Frederic Block on 11/2/2023. (MI) |
| Docket last updated: 05/05/2025 11:59 PM EDT |
| Monday, March 31, 2025 | ||
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order
Status Report Order
Mon 03/31 2:19 PM
ORDER: Pursuant to the Court's 12/10/2024 Order, Defendants' new attorney was directed to file a notice of appearance by 01/10/2025. To date, no new counsel has filed a notice of appearance. Defendants are directed to file a status letter by 04/11/2025 apprising the Court on whether they have retained new counsel. The Court warns that corporate defendants cannot proceed pro se and the failure to retain counsel could result in the entry of a default judgment. So Ordered by Magistrate Judge Lara K. Eshkenazi on 3/31/2025. (MED) |
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| Thursday, December 12, 2024 | ||
| 42 | 42
service
Certificate of Service
Thu 12/12 2:59 PM
CERTIFICATE OF SERVICE by Mina Tadrus, Tadrus Capital LLC re Order on Motion to Withdraw as Attorney,, (in compliance with Dec. 10, 2024 Order) (Marquez, Jorge) |
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| Tuesday, December 10, 2024 | ||
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order
Order on Motion to Withdraw as Attorney
Tue 12/10 4:31 PM
ORDER granting38 Motion to Withdraw as Attorney for Defendants Mina Tadrus and Tadrus Capital, LLC. Defendants have until 01/10/2025 to retain new counsel and for them to make an appearance in this matter. The Court warns that corporate defendants cannot proceed without counsel and failure to attain new counsel may result in default judgment. Mr. Marquez and Mr. Warren are directed to serve a copy of this text order to Defendants and file proof of service on the docket. Counsels' withdrawal will be effective after proof of service is filed. So Ordered by Magistrate Judge Lara K. Eshkenazi on 12/10/2024. (MED) |
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| Monday, December 09, 2024 | ||
| 41 | 41
misc
Letter
Mon 12/09 2:23 PM
Letter re: position on motion to withdraw by Securities and Exchange Commission (Rosen, Abigail) |
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order
Order on Motion to Withdraw as Attorney
Mon 12/09 11:38 AM
ORDER: Plaintiff is directed to file their opposition to Defense Counsels' motion to withdraw, if any by 12/20/2024 . So Ordered by Magistrate Judge Lara K. Eshkenazi on 12/9/2024. (MED) |
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| Thursday, December 05, 2024 | ||
| 40 | 40
service
Certificate of Service
Thu 12/05 1:09 PM
CERTIFICATE OF SERVICE by Mina Tadrus, Tadrus Capital LLC re38 MOTION to Withdraw as Attorney for Defendants Mina Tadrus and Tadrus Capital, LLC, (Marquez, Jorge) |
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| Wednesday, December 04, 2024 | ||
| 39 | 39
respm
Affidavit/Declaration in Support of Motion
Wed 12/04 1:27 PM
AFFIDAVIT/DECLARATION in Support re38 MOTION to Withdraw as Attorney for Defendants Mina Tadrus and Tadrus Capital, LLC, filed by Mina Tadrus, Tadrus Capital LLC. (Marquez, Jorge) |
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| 38 | 38
motion
Withdraw as Attorney
Wed 12/04 1:19 PM
MOTION to Withdraw as Attorney for Defendants Mina Tadrus and Tadrus Capital, LLC, by Mina Tadrus, Tadrus Capital LLC. (Marquez, Jorge) |
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| Thursday, August 22, 2024 | ||
| 37 | 37
misc
Letter
Thu 08/22 4:32 PM
Letter by Securities and Exchange Commission (Rosen, Abigail) |
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| Tuesday, June 25, 2024 | ||
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utility
Case Assigned/Reassigned
Tue 06/25 1:15 PM
Case Reassigned to Magistrate Judge Lara K. Eshkenazi. Magistrate Judge James R. Cho no longer assigned to the 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. (ONF) |
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| Friday, April 05, 2024 | ||
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order
Order on Motion to Withdraw as Attorney
Fri 04/05 11:24 AM
ORDER denying without prejudice36 Motion to Withdraw as Attorney. Attorney Jorge Marquez's motion to withdraw as counsel of record does not comply with Local Civil Rule 1.4, which requires "a showing by affidavit or otherwise of satisfactory reasons for withdrawal or displacement and the posture of the case, including its position, if any, on the calendar, and whether or not the attorney is asserting a retaining or charging lien." Mr. Marquez's application does not include an affidavit. Furthermore, Local Civil Rule 1.4 requires that "[a]ll applications to withdraw [] be served upon the client and (unless excused by the Court) upon all other parties." Mr. Marquez shall review Local Civil Rule 1.4, file the appropriate motion by 4/15/2024 and serve his clients directly with copies of the motion. Ordered by Magistrate Judge James R. Cho on 4/5/2024. (JDP) |
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| Thursday, March 28, 2024 | ||
| 36 | 36
motion
Withdraw as Attorney
Thu 03/28 6:13 PM
MOTION to Withdraw as Attorney by Mina Tadrus, Tadrus Capital LLC. (Marquez, Jorge) |
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| Tuesday, December 19, 2023 | ||
| 35 | 35
misc
Filing Fee Received
Tue 12/19 4:05 PM
FILING FEE: $ 29,186.56, receipt number 100011554. (ENE) |
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| Friday, December 15, 2023 | ||
| 33 | 33
1
pgs
misc
Letter
Fri 12/15 3:35 PM
Letter filed jointly by Securities and Exchange Commission (Rosen, Abigail) |
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Att: 1
Proposed Order
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order
Order(Other)
Fri 12/15 4:19 PM
ORDER: TO ESTABLISH A COURTS REGISTRY INVESTMENT SYSTEM ACCOUNT TO HOLD FROZEN FUNDS. Ordered by Judge Frederic Block on 12/15/2023. (MI) |
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| Thursday, November 02, 2023 | ||
| 32 | 32
13
pgs
order
Order on Motion for Disbursement of Funds
Thu 11/02 3:29 PM
MEMORANDUM and ORDER: While the Court empathizes with the situation of Tadruss family, there is no legal basis for unfreezing allegedly tainted assets, especially where the currently frozen assets cannot cover likely disgorgement liability. For the foregoing reasons, Defendants motion22 to access frozen funds for living expenses and attorneys fees is DENIED. Ordered by Judge Frederic Block on 11/2/2023. (MI) |
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| 31 | 31
16
pgs
motion
Intervene
Thu 11/02 11:08 AM
MOTION to Intervene and to Stay Civil Proceedings with Supporting Memo of Law by United States of America. (Enright, John) |
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order
Order on Motion to Intervene
Thu 11/02 12:34 PM
ELECTRONIC ORDER: The Government's motion31 to intervene with the consent of the SEC and defendant is GRANTED. This case is stayed to allow the related criminal case to proceed. Ordered by Judge Frederic Block on 11/2/2023. (MI) Modified on 11/2/2023 (MI) |
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order
Order Staying Case
Thu 11/02 3:54 PM
ELECTRONIC ORDER STAYING CASE: To allow the related criminal case to proceed. Ordered by Judge Frederic Block on 11/2/2023. (MI) |
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| Monday, October 16, 2023 | ||
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order
Order on Motion for Leave to File Excess Pages
Mon 10/16 9:38 AM
ELECTRONIC ORDER: Defendant's letter application30 is GRANTED. The defendant may serve and file a reply brief in excess of the Court's page limit requirements. Ordered by Judge Frederic Block on 10/16/2023. (MI) |
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| Friday, October 13, 2023 | ||
| 30 | 30
motion
File Excess Pages
Fri 10/13 7:29 PM
MOTION for Leave to File Excess Pages as to the Defendants' Reply (ECF 29) by Mina Tadrus, Tadrus Capital LLC. (Marquez, Jorge) |
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| 29 | 29
13
pgs
respoth
Reply in Support
Fri 10/13 7:26 PM
REPLY in Support re22 MOTION for Disbursement of Funds filed by Mina Tadrus, Tadrus Capital LLC. (Marquez, Jorge) |
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| 28 | 28
2
pgs
respm
Affidavit/Declaration in Support of Motion
Fri 10/13 7:24 PM
AFFIDAVIT/DECLARATION in Support re22 MOTION for Disbursement of Funds (Second Declaration of Mina Tadrus in Support of Motion) filed by Mina Tadrus, Tadrus Capital LLC. (Marquez, Jorge) |
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Att: 1
Exhibit C1 (Photo),
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Att: 2
Exhibit C2 (Photo),
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Att: 3
Exhibit C3 (Photo),
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Att: 4
Exhibit C4 (Photo),
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Att: 5
Exhibit C5 (Photo),
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Att: 6
Exhibit C6 (Photo),
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Att: 7
Exhibit C7 (Photo),
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Att: 8
Exhibit C8 (Photo),
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Att: 9
Exhibit C9 (Photo),
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Att: 10
Exhibit D (Grievances to Building Management)
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| 27 | 27
18
pgs
respoth
Memorandum in Opposition
Fri 10/13 6:47 PM
MEMORANDUM in Opposition re22 MOTION for Disbursement of Funds filed by Mina Tadrus, Tadrus Capital LLC. (Marquez, Jorge) |
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| 26 | 26
7
pgs
respm
Affidavit/Declaration in Opposition to Motion
Fri 10/13 6:45 PM
AFFIDAVIT/DECLARATION in Opposition re22 MOTION for Disbursement of Funds (Declaration of Abigail Rosen dated October 5, 2023) filed by Mina Tadrus, Tadrus Capital LLC. (Marquez, Jorge) |
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Att: 1
1 pgs
Exhibit A (Investor E-mail)
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| 25 | 25
21
pgs
respoth
Memorandum in Support
Fri 10/13 6:39 PM
MEMORANDUM in Support re22 MOTION for Disbursement of Funds filed by Mina Tadrus, Tadrus Capital LLC. (Marquez, Jorge) |
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| 24 | 24
4
pgs
respm
Affidavit/Declaration in Support of Motion
Fri 10/13 6:38 PM
AFFIDAVIT/DECLARATION in Support re22 MOTION for Disbursement of Funds (First Declaration of Mina Tadrus in Support of Motion) filed by Mina Tadrus, Tadrus Capital LLC. (Marquez, Jorge) |
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| 23 | 23
3
pgs
respm
Affidavit/Declaration in Support of Motion
Fri 10/13 6:36 PM
AFFIDAVIT/DECLARATION in Support re22 MOTION for Disbursement of Funds filed by Mina Tadrus, Tadrus Capital LLC. (Marquez, Jorge) |
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Att: 1
Exhibit A (SEC June 5, 2023 Subpoena),
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Att: 2
Exhibit B (Criminal Complaint (23-MJ-0792) (EDNY))
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| 22 | 22
2
pgs
motion
Disbursement of Funds
Fri 10/13 6:32 PM
MOTION for Disbursement of Funds by Mina Tadrus, Tadrus Capital LLC. (Marquez, Jorge) |
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| Tuesday, October 03, 2023 | ||
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order
Order on Motion for Extension of Time to Answer
Tue 10/03 9:41 AM
ELECTRONIC ORDER: Defendants Mina Tadrus and Tadrus Capital LLC letter application21 with the consent of the plaintiff is GRANTED. By November 16, 2023 defendants Mina Tadrus and Tadrus Capital LLC shall serve and file an answer to the complaint. Ordered by Judge Frederic Block on 10/3/2023. (MI) |
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| Monday, October 02, 2023 | ||
| 21 | 21
motion
Extension of Time to File Answer
Mon 10/02 6:34 PM
Consent MOTION for Extension of Time to File Answer re1 Complaint (from October 2, 2023, to November 16, 2023) by Mina Tadrus, Tadrus Capital LLC. (Marquez, Jorge) |
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| Tuesday, September 26, 2023 | ||
| 20 | 20
misc
Letter
Tue 09/26 3:53 PM
Letter (Cover letter regarding service of the Defendants Motion to Access Funds as Referenced in the Consent Order Imposing Preliminary Injunction and Other Relief on Plaintiff) by Mina Tadrus, Tadrus Capital LLC (Marquez, Jorge) |
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| Friday, September 22, 2023 | ||
| 19 | 19
misc
Letter
Fri 09/22 3:58 PM
Letter concerning updated briefing schedule on Outstanding Issues referenced at ECF No. 13 by Mina Tadrus, Tadrus Capital LLC (Marquez, Jorge) |
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order
Scheduling Order
Fri 09/22 4:15 PM
SCHEDULING ORDER: Defendant's letter application19 with the consent of the plaintiff is GRANTED. The Court adopts the parties agreed upon modified briefing schedule. By September 26, 2023 the defendant shall serve and file their motion papers. By October 6, 2023 the plaintiff shall serve and file their response papers. By October 13, 2023 the defendant may serve and file a reply brief. Counsel may modify their agreed upon briefing schedule without court approval. Counsel shall file a letter notifying the Court of their modified agreed upon briefing schedule. Counsel shall follow J. Block's motion rules, specifically section 2(D) when filing their motions. The Court does not require a courtesy copy of the motion papers.Ordered by Judge Frederic Block on 9/22/2023. (MI) |
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| Thursday, September 14, 2023 | ||
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order
Order(Other)
Thu 09/14 10:18 AM
ELECTRONIC ORDER: Defendant's letter application17 with the consent of the plaintiff is GRANTED. The Court adopts the parties agreed upon modified briefing schedule. By September 22, 2023 the defendant shall serve and file their motion papers. By October 6, 2023 the plaintiff shall serve and file their response papers. Counsel may modify their agreed upon briefing schedule without court approval. Counsel shall file a letter notifying the Court of their modified agreed upon briefing schedule. Counsel shall follow J. Block's motion rules, specifically section 2(D) when filing their motions. The Court does not require a courtesy copy of the motion papers.Ordered by Judge Frederic Block on 9/14/2023. (MI) |
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| Wednesday, September 13, 2023 | ||
| 17 | 17
misc
Letter
Wed 09/13 7:23 PM
Letter concerning updated briefing schedule on Outstanding Issues referenced at ECF No. 13 by Mina Tadrus, Tadrus Capital LLC (Marquez, Jorge) |
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| Monday, September 11, 2023 | ||
| 16 | 16
service
Waiver of Service Executed
Mon 09/11 2:55 PM
WAIVER OF SERVICE Returned Executed by Securities and Exchange Commission. Mina Tadrus waiver sent on 8/1/2023, answer due 10/2/2023. (Rosen, Abigail) |
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| 15 | 15
service
Waiver of Service Executed
Mon 09/11 2:53 PM
WAIVER OF SERVICE Returned Executed by Securities and Exchange Commission. Tadrus Capital LLC waiver sent on 8/1/2023, answer due 10/2/2023. (Rosen, Abigail) |
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| Friday, September 08, 2023 | ||
| 14 | 14
notice
Notice of Appearance
Fri 09/08 11:06 AM
NOTICE of Appearance by Christopher D. Warren on behalf of All Defendants (aty to be noticed) (Warren, Christopher) |
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| Wednesday, September 06, 2023 | ||
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order
Order on Motion for Extension of Time to File
Wed 09/06 10:25 AM
ELECTRONIC ORDER: Defendant's letter application13 with the consent of the plaintiff is GRANTED. The Court adopts the parties agreed upon modified briefing schedule. By September 15, 2023 the defendant shall serve and file their motion papers. By September 29, 2023 the plaintiff shall serve and file their response papers. Counsel may modify their agreed upon briefing schedule without court approval. Counsel shall file a letter notifying the Court of their modified agreed upon briefing schedule. Counsel shall follow J. Block's motion rules, specifically section 2(D) when filing their motions. The Court does not require a courtesy copy of the motion papers. Ordered by Judge Frederic Block on 9/6/2023. (MI) |
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| Tuesday, September 05, 2023 | ||
| 13 | 13
motion
Extension of Time to File Document
Tue 09/05 6:01 PM
Consent MOTION for Extension of Time to File Motions Relating to Outstanding Issues reflected in the Consent Order at ECF No. 11, including request for approval of updated briefing schedule by Mina Tadrus, Tadrus Capital LLC. (Marquez, Jorge) |
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| Tuesday, August 22, 2023 | ||
| 12 | 12
1
pgs
misc
Letter
Tue 08/22 4:54 PM
Letter (joint letter requesting approval of proposed briefing schedule on Outstanding Issues referenced at ECF No. 11) by Mina Tadrus, Tadrus Capital LLC (Marquez, Jorge) |
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| 11 | 11
9
pgs
order
Preliminary Injunction
Tue 08/22 11:33 AM
PRELIMINARY INJUNCTION: IT IS ORDERED that, pending a final disposition of this action, Defendants are permanently restrained and enjoined from violating Section l 7(a) of 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. By August 25, 2023 counsel shall submit a agreed upon briefing schedule as to the issue of whether the defendant can access investor funds to use for attorney's fees and living expense. Ordered by Judge Frederic Block on 8/22/2023. (MI) |
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order
Order on Motion for Preliminary Injunction
Tue 08/22 11:28 AM
ELECTRONIC ORDER: Granting the parties joint proposed motion9 for entry of a preliminary injunction. Ordered by Judge Frederic Block on 8/22/2023. (MI) |
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order
Scheduling Order
Tue 08/22 5:42 PM
SCHEDULING ORDER: Defendant's letter application12 with the consent of the plaintiff is GRANTED. The Court adopts the parties agreed upon briefing schedule. By September 8, 2023 the defendant shall serve and file their motion papers. By September 15, 2023 the plaintiff shall serve and file their response papers. Counsel may modify their agreed upon briefing schedule without court approval. Counsel shall file a letter notifying the Court of their modified agreed upon briefing schedule. Counsel shall follow J. Block's motion rules, specifically section 2(D) when filing their motions. The Court does not require a courtesy copy of the motion papers. Ordered by Judge Frederic Block on 8/22/2023. (MI) |
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| Wednesday, August 16, 2023 | ||
| 10 | 10
notice
Notice of Appearance
Wed 08/16 8:18 PM
NOTICE of Appearance by Jorge Marquez on behalf of Mina Tadrus, Tadrus Capital LLC (aty to be noticed) (Marquez, Jorge) |
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| 9 | 9
2
pgs
motion
Preliminary Injunction
Wed 08/16 4:37 PM
First MOTION for Preliminary Injunction filed on consent by Securities and Exchange Commission. (Rosen, Abigail) |
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Att: 1
9 pgs
Proposed Order Consent PI
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| Saturday, July 29, 2023 | ||
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minutes
Telephone Conference
Mon 07/31 10:45 AM
Minute Entry for proceedings held before Judge Frederic Block: Telephone Conference held on 7/29/2023: The parties attended an informal, off-the-record telephone conference at 10:00 am on Saturday, July 29 to discuss the SECs order to show cause and request for a temporary restraining order. Defense counsel represented to the Court that they have advised Defendant to keep his funds in place, that no funds from the bank accounts in question are being deployed, and that they have an accurate accounting of the relevant accounts. If Defendant does not abide by Counsels recommendation, the Court will contact the US Attorneys office to recommend potential criminal prosecution. The parties will confer and propose to the Court either a date for a preliminary injunction hearing or other matters for the Courts consideration. (Court Reporter Not Reported.) (MI) |
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| Friday, July 28, 2023 | ||
| 8 | 8
misc
Declaration
Fri 07/28 4:26 PM
DECLARATION re3 Memorandum in Support,2 Unsigned Order to Show Cause to freeze assets and enjoin defendants by Securities and Exchange Commission (Rosen, Abigail) |
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Att: 1
14 pgs
Declaration Rodriguez Declaration,
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Att: 2
Exhibit Ex A part 1,
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Att: 3
Exhibit Ex A part 2,
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Att: 4
Exhibit Ex B part 1,
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Att: 5
Exhibit Ex B part 2,
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Att: 6
Exhibit Ex C,
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Att: 7
Exhibit Ex D,
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Att: 8
Exhibit Ex E,
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Att: 9
Exhibit Ex F,
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Att: 10
Exhibit Ex G,
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Att: 11
Exhibit Ex H,
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Att: 12
Exhibit Ex I,
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Att: 13
Exhibit Ex J
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| 7 | 7
misc
Declaration
Fri 07/28 2:37 PM
DECLARATION Of Abigail E. Rosen by Securities and Exchange Commission (KD) |
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| 6 | 6
misc
Declaration
Fri 07/28 2:36 PM
DECLARATION Of Joshua Oldmixon by Securities and Exchange Commission (KD) |
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| 5 | 5
2
pgs
misc
Declaration
Fri 07/28 2:34 PM
DECLARATION Of Russell Castillo by Securities and Exchange Commission (KD) |
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Att: 1
30 pgs
Exhibit A,
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Att: 2
10 pgs
Exhibit B
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| 4 | 4
misc
Clerks Notice of Rule 73
Fri 07/28 2:31 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. (KD) |
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| 3 | 3
26
pgs
respoth
Memorandum in Support
Fri 07/28 2:10 PM
MEMORANDUM in Support re2 Unsigned Order to Show Cause filed by Securities and Exchange Commission. (KD) |
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| 2 | 2
misc
Unsigned Order to Show Cause
Fri 07/28 2:08 PM
Unsigned Order to Show Cause and Temporary Restraining Order by Securities and Exchange Commission (KD) |
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| 1 | 1
17
pgs
cmp
Complaint
Fri 07/28 2:05 PM
COMPLAINT against Mina Tadrus, Tadrus Capital LLC, filed by Securities and Exchange Commission. (KD) |
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Att: 1
2 pgs
Civil Cover Sheet
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