United States Securities and Exchange Commission v. AmeriStar LLC
| Wyoming District Court | |
| Judge: | Kelly H Rankin |
| Referred: | Scott P Klosterman |
| Case #: | 2:24-cv-00169 |
| Nature of Suit | 850 Other Statutes - Securities/Commodities/Exchange |
| Cause | 15:77 Securities Fraud |
| Case Filed: | Sep 04, 2024 |
| Last checked: Monday Mar 03, 2025 1:45 AM MST |
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Plaintiff
United States Securities and Exchange Commission
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Represented By
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Relief Defendant
AmeriStar MK Ltd Liability Company
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Relief Defendant
Fred W Freitag, IV
1041 Applejack Drive
Gibsonia, PA 15044 |
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Relief Defendant
HighLine Gold Inc
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| TERMINATED PARTIES | |
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Defendant
AmeriStar LLC
Terminated: 02/18/2025
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| Docket last updated: 2 hours ago |
| Wednesday, May 14, 2025 | ||
| 44 | 44
3
pgs
motion
Order
Wed 05/14 10:06 AM
MOTION REFERRED TO Judge Scott P Klosterman. MOTION for Order To Permit A Deposit in Court Registry Investment System Account filed by Plaintiff United States Securities and Exchange Commission.(Haskins, Jodanna) |
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Att: 1
Proposed Order
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| Wednesday, May 07, 2025 | ||
| 43 | 43
5
pgs
motion
Order
Wed 05/07 12:19 PM
MOTION REFERRED TO Judge Scott P Klosterman. MOTION for Order To Modify Asset Freeze Order to Unfreeze A Boat filed by Plaintiff United States Securities and Exchange Commission.(Miller, Terry) |
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Att: 1
Exhibit 1,
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Att: 2
Proposed Order
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misc
Financial Entry
Wed 05/07 9:52 AM
FINANCIAL ENTRY: Funds received re: order in docket #42 - $25,000 received on 04/29/2025; $25,000 received on 04/30/2025; $25,000 received on 05/02/2025; $3,146.40 received on 05/06/2025 all via wire transfer. (Court Staff, skg) |
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| Monday, April 07, 2025 | ||
| 42 | 42
2
pgs
order
Order on Motion for Order
Mon 04/07 2:21 PM
ORDER by the Honorable Scott P Klosterman granting40 Plaintiff's Motion to Order the Establishment of an Account in the Court Registry Investment System and Permit Deposit. See order for details. Order provided to finance department and mailed to relief defendant Freitag via US Postal Service on this date. (Court Staff, sbrr) |
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| Tuesday, April 01, 2025 | ||
| 41 | 41
misc
Status Report
Tue 04/01 9:29 AM
STATUS REPORT by United States Securities and Exchange Commission. (Haskins, Jodanna) |
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| Wednesday, March 26, 2025 | ||
| 40 | 40
4
pgs
motion
Order
Wed 03/26 3:52 PM
MOTION REFERRED TO Judge Scott P Klosterman. MOTION for Order To Order the Establishment of an Account in the Court's Registry Investment System and Permit a Deposit filed by Plaintiff United States Securities and Exchange Commission.(Haskins, Jodanna) |
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Att: 1
Proposed Order
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| Tuesday, February 18, 2025 | ||
| 39 | 39
order
Default Judgment
Tue 02/18 9:19 AM
ORDER by the District Judge Kelly H Rankin granting35 Motion for Default Judgment. Plaintiff's Motion for Default Judgment as to Liability Against Defendant AmeriStar, LLC35 is GRANTED. Default judgment is entered finding that AmeriStar violated Sections 5(a) and (c) and Section 17(a) of the Securities Act of 1933 [15 U.S.C. §§ 77e(a) and (c); 77q(a)], and Section 10(b) of the Exchange Act of 1934 [15 U.S.C. § 78j(b)], and Rule 10b-5 thereunder [17 C.F.R. § 240.10b-5]. Pro Se Defendant sent a copy of this Order via U.S. Postal Service sent on 2/18/2025. (Court Staff, sjgc) |
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| Friday, February 07, 2025 | ||
| 38 | 38
order
Order
Fri 02/07 9:52 AM
(TEXT-ONLY) ORDER by the District Judge Kelly H Rankin. The Court orders Plaintiff, the United States Securities and Exchange Commission to submit a written status report every sixty days beginning on April 1, 2025. Pro Se Defendant sent a copy of this Order via U.S. Postal Service sent on 1/7/2025. (Court Staff, sjgc) |
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| Thursday, February 06, 2025 | ||
| 37 | 37
notice
Notice (Other)
Thu 02/06 11:21 AM
NOTICE by Plaintiff United States Securities and Exchange Commission Notice of Continuing Investigation (Haskins, Jodanna) |
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| Tuesday, February 04, 2025 | ||
| 36 | 36
misc
Transcript
Tue 02/04 8:29 AM
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Preliminary Injunction II of II held on 10/4/2024 before Judge Kelly H. Rankin. To purchase a copy of this transcript, please contact Court Reporter Jan Davis, phone (307) 433-2154 or email jbd.davis@gmail.com. A party must file a Notice of Intent to Request Redaction within 7 calendar days. If a party fails to request redaction, the unredacted transcript attached to this entry will be made available electronically without redaction. Notice of Intent to Redact due 2/11/2025. Notice of Redaction Request due 2/25/2025. Redacted Transcript Deadline set for 3/7/2025. Release of Transcript Restriction set for 5/5/2025. (Davis, Jan) |
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| Thursday, January 16, 2025 | ||
| 35 | 35
motion
Default Judgment
Thu 01/16 12:07 PM
MOTION for Default Judgment as to Liability Against Defendant AmeriStar LLC filed by Plaintiff United States Securities and Exchange Commission.(Haskins, Jodanna) |
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Att: 1
Proposed Order
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| Friday, December 20, 2024 | ||
| 34 | 34
misc
Mail Returned
Fri 12/20 5:09 PM
Mail Returned as Undeliverable re:32 Clerk's Entry of Default. Mail sent to AmeriStar, LLC (certified mail) (Court Staff, smxb) |
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| 33 | 33
misc
Mail Returned
Fri 12/20 5:08 PM
Mail Returned as Undeliverable re:32 Clerk's Entry of Default. Mail sent to AmeriStar, LLC (Court Staff, smxb) |
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| Tuesday, December 10, 2024 | ||
| 32 | 32
misc
Clerks Entry of Default
Tue 12/10 1:26 PM
CLERKS ENTRY OF DEFAULT filed against Defendant AmeriStar, LLC by the Clerk of Court, Margaret Botkins. Copy sent to AmeriStar, LLC, c/o CloudPeak Law, LLC - Registered Agent via regular mail and certified mail on this date. (Court Staff, smxb) |
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| Thursday, December 05, 2024 | ||
| 31 | 31
misc
Entry of Default
Thu 12/05 12:07 PM
MOTION for Entry of Default against AmeriStar LLC filed by Plaintiff United States Securities and Exchange Commission.(Haskins, Jodanna) |
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Att: 1
Exhibit 1- Declaration in Support
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| Monday, October 21, 2024 | ||
| 30 | 30
27
pgs
answer
Answer to Complaint
Mon 10/21 4:55 PM
ANSWER to1 Complaint with Affirmative Defenses, with Jury Demand by Fred W Freitag, IV. (Court Staff, smxb) |
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| Thursday, October 10, 2024 | ||
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utility
~Set/Reset Deadlines/Hearings
Thu 10/10 2:02 PM
Set/Reset Deadlines: Fred W Freitag, IV answer due 10/18/2024 (Court Staff, smxb) |
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| Monday, October 07, 2024 | ||
| 29 | 29
3
pgs
order
Order
Mon 10/07 11:18 AM
PRELIMINARY INJUNCTION ORDER RE:RELIEF DEFENDANT FRED FREITAG, IV by the District Judge Kelly H Rankin. Based upon the facts and circumstances set forth on the record, the Court grants Plaintiff's motion for preliminary injunction as to Relief Defendant Freitag and orders that his assets remain frozen under the terms of ECF No.13 up to an amount of $249,561.24. Further, Relief Defendant Freitag has until October 18, 2024, to answer or otherwise respond to Plaintiff's Complaint and to comply with all outstanding discovery obligations. (Court Staff, sjgc) |
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| Friday, October 04, 2024 | ||
| 28 | 28
notice
Notice (Other)
Fri 10/04 7:09 PM
NOTICE by Plaintiff United States Securities and Exchange Commission re5 MOTION for Temporary Restraining Order Proposed Preliminary Injunction Order Re: Relief Defendant Fred Freitag, IV (Miller, Terry) |
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| 27 | 27
1
pgs
minutes
Motion Hearing
Fri 10/04 1:44 PM
MINUTES for proceedings held before District Judge Kelly H Rankin: Court held a continuation of the preliminary injunctive hearing from 9/20/24. After hearing arguments from the parties, the Court will enter a further written preliminary injunction order. Plaintiff shall provide the proposed order. The Court finds good cause to allow the Defendant additional time to file his answer to the complaint and other discovery requests, due no later than 10/18/24. Continued Preliminary Injunction Hearing held on 10/4/2024. (Court Reporter Jan Davis.) (Court Staff, smxb) Modified text on 10/4/2024 (Court Staff, smxb) |
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| 26 | 26
3
pgs
respm
Brief
Fri 10/04 12:20 PM
BRIEF Plaintiff's Bench Memorandum Re: October 4, 2024, Preliminary Injunction Hearing (Continued) filed by Plaintiff United States Securities and Exchange Commission. (Haskins, Jodanna) |
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| Tuesday, October 01, 2024 | ||
| 25 | 25
4
pgs
respm
Response
Tue 10/01 10:44 AM
RESPONSE to23 Order13 Order on Motion for TRO filed by Relief Defendant Fred W Freitag, IV. (Court Staff, smxb) (Main Document 25 replaced with correction on 10/1/2024) (Court Staff, smxb) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit D,
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Att: 3
Exhibit E,
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Att: 4
Exhibit F,
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Att: 5
Exhibit G,
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Att: 6
Exhibit H,
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Att: 7
Exhibit N,
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Att: 8
Exhibit P,
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Att: 9
Exhibit Q,
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Att: 10
Exhibit R,
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Att: 11
Exhibit S
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| Monday, September 30, 2024 | ||
| 24 | 24
misc
Transcript
Mon 09/30 8:39 AM
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Preliminary Hearing held on 9/20/2024 before Judge Kelly H. Rankin. To purchase a copy of this transcript, please contact Court Reporter Jan Davis, phone (307) 433-2154 or email jbd.davis@gmail.com. A party must file a Notice of Intent to Request Redaction within 7 calendar days. If a party fails to request redaction, the unredacted transcript attached to this entry will be made available electronically without redaction. Notice of Intent to Redact due 10/7/2024. Notice of Redaction Request due 10/21/2024. Redacted Transcript Deadline set for 10/31/2024. Release of Transcript Restriction set for 12/30/2024. (Davis, Jan) |
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| Tuesday, September 24, 2024 | ||
| 23 | 23
4
pgs
order
Order
Tue 09/24 1:42 PM
ORDER EXTENDING THE RULE 65(b)(1) TEMPORARY RESTRAINING ORDER AND RESETTING THE PRELIMINARY INJUNCTION HEARING AGAINST RELIEF DEFENDANT FRED FREITAG. by the District Judge Kelly H Rankin. (Court Staff, sjgc) |
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| 22 | 22
29
pgs
order
Order
Tue 09/24 1:36 PM
PRELIMINARY INJUNCTION ORDER by the District Judge Kelly H Rankin. (Court Staff, sjgc) |
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| Friday, September 20, 2024 | ||
| 21 | 21
notice
Notice of Hearing
Fri 09/20 4:35 PM
(TEXT-ONLY) NOTICE Continuing Hearing: IN-PERSON Preliminary Injunction Hearing continued for 10/4/2024 at 10:00 AM in Cheyenne Courtroom No. 1 (Room No. 2132) before District Judge Kelly H Rankin. (Court Staff, smxb) |
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| 20 | 20
1
pgs
minutes
In Court Hearing
Fri 09/20 4:33 PM
MINUTES for proceedings held before District Judge Kelly H Rankin: After hearing from parties, the Court will continue the hearing on preliminary injunction for the defendant Fred Freitag to October 4, 2024 at 10:00 AM. Defendant shall provide an accounting to the plaintiff no later than 9/27/2024 and otherwise adhere to the Court's Order Granting Plaintiff's Emergency Motion 13 . Order on preliminary injunction to follow. Preliminary Injunction Hearing held on 9/20/2024. (Court Reporter Jan Davis.) (Court Staff, smxb) |
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| Thursday, September 19, 2024 | ||
| 19 | 19
respm
Reply
Thu 09/19 12:37 PM
REPLY to5 Motion for Temporary Restraining Order,,,, filed by Plaintiff United States Securities and Exchange Commission. (Miller, Terry) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2,
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Att: 3
Exhibit 3,
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Att: 4
Exhibit 4,
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Att: 5
Exhibit 5,
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Att: 6
Exhibit 6,
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Att: 7
Exhibit 7
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| Monday, September 16, 2024 | ||
| 18 | 18
misc
Letter(s)
Mon 09/16 2:09 PM
Letter(s) from Key Bank to the Court regarding Docket entry13 ORDER by the District Judge Kelly H Rankin. (Court Staff, stbd) |
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| Friday, September 13, 2024 | ||
| 17 | 17
1
pgs
order
Order on Motion for Order
Fri 09/13 4:19 PM
ORDER by the US Magistrate Judge Scott P Klosterman granting15 Motion for Order permitting remote testimony by SEC witnesses.(Court Staff, sal) |
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| 16 | 16
service
Summons Returned Executed
Fri 09/13 3:26 PM
SUMMONS Returned Executed by United States Securities and Exchange Commission. HighLine Gold Inc served on 9/11/2024, answer due on 10/2/2024 (Miller, Terry) |
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Att: 1
Exhibit 1- Declaration of Ben Purser,
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Att: 2
Exhibit 2- UPS Delivery Notifications,
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Att: 3
Exhibit 3- UPs Delivery Notification
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| 15 | 15
4
pgs
motion
Order
Fri 09/13 12:57 PM
MOTION REFERRED TO Judge Scott P Klosterman. MOTION for Order Permitting Remote Testimony filed by Plaintiff United States Securities and Exchange Commission.(Haskins, Jodanna) |
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Att: 1
Proposed Order
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| Monday, September 09, 2024 | ||
| 14 | 14
notice
Notice of Hearing
Mon 09/09 3:42 PM
(TEXT-ONLY) NOTICE of Hearing: IN-PERSON Preliminary Injunction Hearing set for 9/20/2024 at 03:00 PM in Cheyenne Courtroom No. 3 (Room No. 2104) before District Judge Kelly H Rankin. (Court Staff, smxb) |
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| 13 | 13
30+
pgs
order
Order on Motion for TRO
Mon 09/09 3:35 PM
ORDER by the District Judge Kelly H Rankin granting5 Motion for Temporary Restraining Order. AmeriStar or Relief Defendants wishing to be heard on this matter may appear in this Court, on the SECs motion for preliminary injunction, before the Honorable Judge Kelly H. Rankin, at 3:00 p.m. on the 20th day of September, in Courtroom 3 of the United States District Court in Cheyenne to show cause, if there be any, why this Court should not enter a preliminary injunction and order preliminary relief against them, pursuant to Rule 65 of the Federal Rules of Civil Procedure, extending the temporary relief granted in this Order pending a final adjudication on the merits.(Court Staff, smxb) |
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| Sunday, September 08, 2024 | ||
| 12 | 12
1
pgs
service
Summons Returned Executed
Sun 09/08 12:51 PM
SUMMONS Returned Executed by United States Securities and Exchange Commission. Fred W Freitag, IV served on 9/5/2024, answer due on 9/26/2024 (Miller, Terry) |
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| 11 | 11
service
Summons Returned Executed
Sun 09/08 12:48 PM
SUMMONS Returned Executed by AmeriStar MK Ltd Liability Company. AmeriStar MK Ltd Liability Company served on 9/5/2024, answer due on 9/26/2024 (Miller, Terry) |
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| 10 | 10
service
Summons Returned Executed
Sun 09/08 12:45 PM
SUMMONS Returned Executed by United States Securities and Exchange Commission. AmeriStar LLC served on 9/5/2024, answer due on 9/26/2024 (Miller, Terry) |
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| Thursday, September 05, 2024 | ||
| 9 | 9
notice
Notice of Attorney Appearance (Pro Hac Vice)
Thu 09/05 3:20 PM
Notice of Pro Hac Vice Attorney Appearance by Jodanna L Haskins on behalf of United States Securities and Exchange Commission (Haskins, Jodanna) |
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| 8 | 8
notice
Notice of Attorney Appearance (Pro Hac Vice)
Thu 09/05 11:52 AM
Notice of Pro Hac Vice Attorney Appearance by Terry Miller on behalf of United States Securities and Exchange Commission (Miller, Terry) |
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| 7 | 7
1
pgs
order
Order on Motion to Appear Pro Hac Vice
Thu 09/05 8:57 AM
ORDER by the District Judge Kelly H Rankin granting2 MOTION to appear pro hac vice admitting Terry R. Miller for United States Securities and Exchange Commission; granting3 MOTION to appear pro hac vice admitting Jodanna L. Haskins for United States Securities and Exchange Commission. Emailed counsel on this date.(Court Staff, smxb) Modified docket text on 9/5/2024 (Court Staff, szf) |
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misc
Motions No Longer Referred
Thu 09/05 10:31 AM
Motions No Longer Referred:5 MOTION for Temporary Restraining Order (Court Staff, smxb) |
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| Wednesday, September 04, 2024 | ||
| 6 | 6
1
pgs
order
Order on Motion to File Excess Pages
Wed 09/04 1:31 PM
ORDER by the District Judge Kelly H Rankin granting4 Motion to File Excess Pages. Plaintiff is permitted to file a brief in support of its Motion of no more than 39 pages. (Court Staff, sjgc) |
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| 5 | 5
motion
Temporary Restraining Order
Wed 09/04 12:54 PM
MOTION REFERRED TO Judge Scott P Klosterman. MOTION for Temporary Restraining Order filed by Plaintiff United States Securities and Exchange Commission.(Martin, C) |
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Att: 1
Declaration,
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Att: 2
Exhibit 1,
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Att: 3
Exhibit 2,
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Att: 4
Exhibit 3,
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Att: 5
Exhibit 4,
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Att: 6
Exhibit 5,
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Att: 7
Exhibit 6,
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Att: 8
Exhibit 7,
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Att: 9
Exhibit 8,
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Att: 10
Exhibit 9,
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Att: 11
Exhibit 10,
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Att: 12
Exhibit 11,
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Att: 13
Exhibit 12,
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Att: 14
Exhibit 13,
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Att: 15
Exhibit 14,
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Att: 16
Exhibit 15,
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Att: 17
Exhibit 16,
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Att: 18
Exhibit 17,
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Att: 19
Exhibit 18,
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Att: 20
Exhibit 19,
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Att: 21
Exhibit 20,
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Att: 22
Exhibit 21,
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Att: 23
Exhibit 22,
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Att: 24
Exhibit 23,
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Att: 25
Exhibit 24,
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Att: 26
Exhibit 25,
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Att: 27
Exhibit 26,
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Att: 28
Exhibit 27,
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Att: 29
Exhibit 28,
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Att: 30
Exhibit 29,
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Att: 31
Exhibit 30,
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Att: 32
Exhibit 31,
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Att: 33
Exhibit 32,
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Att: 34
Exhibit 33,
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Att: 35
Exhibit 34,
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Att: 36
Exhibit 35,
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Att: 37
Exhibit 36,
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Att: 38
Exhibit 37,
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Att: 39
Exhibit 38,
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Att: 40
Exhibit 39,
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Att: 41
Exhibit 40,
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Att: 42
Exhibit 41,
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Att: 43
Exhibit 42,
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Att: 44
Exhibit 43,
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Att: 45
Exhibit 44,
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Att: 46
Exhibit 45,
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Att: 47
Exhibit 46,
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Att: 48
Exhibit 47,
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Att: 49
Exhibit 48,
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Att: 50
Exhibit 49,
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Att: 51
Exhibit 50,
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Att: 52
Proposed Order
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| 4 | 4
motion
File Excess Pages (Dispositive)
Wed 09/04 11:53 AM
MOTION REFERRED TO Judge Scott P Klosterman. MOTION for Leave to File Excess Pages regarding Motion for TRO and PI filed by Plaintiff United States Securities and Exchange Commission.(Martin, C) |
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Att: 1
Proposed Order
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| 3 | 3
2
pgs
motion
Appear Pro Hac Vice
Wed 09/04 11:49 AM
MOTION REFERRED TO Judge Scott P Klosterman. MOTION for Jodanna L. Haskins to appear pro hac vice; Check not tendered; filed by Plaintiff United States Securities and Exchange Commission.(Martin, C) |
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Att: 1
Declaration
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| 2 | 2
motion
Appear Pro Hac Vice
Wed 09/04 11:47 AM
MOTION REFERRED TO Judge Scott P Klosterman. MOTION for Terry R. Miller to appear pro hac vice; Check not tendered; filed by Plaintiff United States Securities and Exchange Commission.(Martin, C) |
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Att: 1
Declaration
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| 1 | 1
26
pgs
cmp
Complaint
Wed 09/04 11:18 AM
COMPLAINT with Jury Demand filed by United States Securities and Exchange Commission (4 summons(es) issued) (Court Staff, sbh) (Court Staff, sbh) |
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Att: 1
(9/4/2024) Civil Cover Sheet
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