pdf_icon 659 12/31/2013 CERTIFICATE OF SERVICE by William J Brown re [658] MOTION for an Order: (i) Approving a Procedure for Administration of Claims of Governmental Units; (ii) Establishing a Deadline for the Filing of Government Claims Against the MS Entities; (iii) Approving the Form and Manner of Notice Thereof; (iv) A (Brown, William)
pdf_icon 658 12/31/2013 MOTION for an Order: (i) Approving a Procedure for Administration of Claims of Governmental Units; (ii) Establishing a Deadline for the Filing of Government Claims Against the MS Entities; (iii) Approving the Form and Manner of Notice Thereof; (iv) Authorizing the Applicability of Section 505 of Title 11 of the United States Code to this Case; (v) Establishing the Priority of Victim Investor Claims Over the IRS; and (vi) Declaring the Receiver Not Personally Liable for Tax Liabilities of the Receivership, the MS Entities, or of the Defendants on Account of Distribution of Assets in Accordance with this Courts Orders filed by William J Brown. (Attachments: # (1) Exhibit(s) A (Proposed Order), # (2) Exhibit(s) B, # (3) Exhibit(s) C, # (4) Exhibit(s) D, # (5) Exhibit(s) E) Motions referred to Christian F. Hummel. (Brown, William)
pdf_icon 657 12/26/2013 ORDER IN AID OF ADMINISTRATION: of the # [647] Memorandum-Decision and Order, Granting the # [654] Letter Request. Signed by Magistrate Judge Christian F. Hummel on 12/21/2013. [Copy served upon pro se defendant via regular mail.] (nmk)
12/23/2013 CLERK’S CORRECTION OF DOCKET ENTRY: The Clerk modified the docket text of the # [655] document in order to reflect that the filing is a Response in Opposition, not a Reply to a Response. Further, the Clerk modified the docket text of the # [656] document in order to reflect that the filing is a Certificate of Service, not a Response in Opposition. (nmk)
pdf_icon 656 12/23/2013 CERTIFICATE OF SERVICE regarding the # 655 Response, filed by Geoffrey R. Smith(Trustee of the David L. and Lynn A. Smith Irrevocable Trust U/A 8/04/04), Lauren T. Smith, Geoffrey R. Smith, Geoffrey R. Smith. (Linnan, James) Modified on 12/23/2013. (nmk) (Entered: 12/23/2013)
pdf_icon 655 12/23/2013 RESPONSE in Opposition re 654 Letter Motion from William J. Brown, Receiver for William J Brown requesting Order in Aid of Administration regarding Sacandaga Lake Property submitted to Judge Christian F. Hummel filed by Geoffrey R. Smith(Trustee of the David L. and Lynn A. Smith Irrevocable Trust U/A 8/04/04), Lauren T. Smith, Geoffrey R. Smith, Geoffrey R. Smith. (Linnan, James) Modified on 12/23/2013. (nmk) (Entered: 12/23/2013)
pdf_icon 654 12/20/2013 Letter Motion from William J. Brown, Receiver for William J Brown requesting Order in Aid of Administration regarding Sacandaga Lake Property submitted to Judge Christian F. Hummel . (Brown, William)
pdf_icon 653 12/13/2013 ORDER granting [635] Letter Motion of the Trustees of the David L. and Lynn A. Smith Irrevocable Trust. The Trustees shall file their motion by 1/3/2014; Counsel for defendant Lynn A. Smith shall file any papers regarding that motion by 1/3/2014; Plaintiff and the Receiver shall file any answering papers by 1/17/2014. Reply papers shall be filed by 1/24/214. A telephone status conference is set for 1/22/2014 at 9:30 AM. Signed by Magistrate Judge Christian F. Hummel on 12/13/2013. (lah)
pdf_icon 652 12/11/2013 Mail Returned as Undeliverable. re: [649] Order on Motion, sent to Nancy McGinn Address sent to 29 Port Huron Drive, Schenectady, NY 12309 (mgh)
651 12/6/2013 TEXT ORDER granting 645 Letter Request to conduct a telephonic Pre-Motion Filing Conference set for 12/13/2013 10:00 AM in Albany before Magistrate Judge Christian F. Hummel. Authorized by Magistrate Judge Christian F. Hummel on 12/6/13. (cjm, ) (Entered: 12/06/2013)
pdf_icon 650 11/27/2013 REPLY to Response to Motion re [620] First MOTION for Release of Funds for Transcript Costs, [634] Letter Motion from David Stoelting for Securities and Exchange Commission requesting that the SEC’s time to file a response to motion to pay transcript costs be extended to Friday, November 22, on consent submitted to Judge Hummel <, [627] Letter Motion from David Stoelting for Securities and Exchange Commission requesting permission to file SEC’s response to motion to pay transcript costs on November 15, 2013 submitted to Judge Hummel filed by David L. Smith. (Dreyer, William)
649 11/25/2013 ORDER approving [628] Motion of William J. Brown, as Receiver, for an Order Approving Purchase Agreement with Hunt Telecommunications, LLC with Respect to the Purchase of All LLC Interests of Benchmark Communications, LLC Free and Clear of Liens, Claims, and Encumbrances. Signed by Magistrate Judge Christian F. Hummel on 11/22/2013. (see)
pdf_icon 648 11/25/2013 RESPONSE in Opposition re 620 First MOTION for Release of Funds for Transcript Costs filed by Securities and Exchange Commission. (McGrath, Kevin) (Entered: 11/22/2013)
pdf_icon 647 11/25/2013 MEMORANDUM DECISION and ORDER re 604 Status Report filed by William J Brown. It is ORDERED that the Receiver may proceed with the sale of the Sacandaga Lake Property pursuant to the report filed with the court (Dkt. No. 604). Signed by Magistrate Judge Christian F. Hummel on 11/22/2013. (lah) (Entered: 11/22/2013)
pdf_icon 646 11/25/2013 CERTIFICATE OF SERVICE by Geoffrey R. Smith(Trustee of the David L. and Lynn A. Smith Irrevocable Trust U/A 8/04/04), Lauren T. Smith, Geoffrey R. Smith, Geoffrey R. Smith re 635 Letter to Judge Hummell Letter Motion from James D. Linnan for Geoffrey R. Smith, Lauren T. Smith, Geoffrey R. Smith, Geoffrey R. Smith requesting Permission to execute Amendment to Trust submitted to Judge Hummell Proposed Amendment to, 644 Letter Motion from David Stoelting for Securities and Exchange Commission requesting responding to letter of Mr. Linnan at Dkt 635 submitted to Judge Hummel (Linnan, James) (Entered: 11/22/2013)
pdf_icon 645 11/25/2013 Responding to Letter of Mr. Stoelting - dct @644 Letter Motion from James D. Linnan dated 11-22-13 for Geoffrey R. Smith, Lauren T. Smith, Geoffrey R. Smith, Geoffrey R. Smith requesting Pre-motion Conference or Briefing Schedule submitted to Judge Hummell . (Linnan, James) (Entered: 11/22/2013)
pdf_icon 644 11/25/2013 Letter Motion from David Stoelting for Securities and Exchange Commission requesting responding to letter of Mr. Linnan at Dkt 635 submitted to Judge Hummel . (Stoelting, David) (Entered: 11/21/2013)
pdf_icon 643 11/25/2013 Letter Motion from William J. Dreyer for David L. Smith requesting modification to motion to modify asset freeze to permit the release of funds to pay criminal trial transcript costs submitted to Judge Hummel . (Dreyer, William)
642 11/20/2013 TEXT ORDER granting 627 Letter Request to extend deadline to respond to 620 First MOTION for Release of Funds for Transcript Costs : until 11/15/2013. Authorized by Magistrate Judge Christian F. Hummel on 11/20/13. (cjm, ) (Entered: 11/20/2013)
641 11/20/2013 TEXT ORDER granting [634] Letter Request to extend deadline to respond to [620] First MOTION for Release of Funds for Transcript Costs : until 11/22/2013. Authorized by Magistrate Judge Christian F. Hummel on 11/20/13. (cjm, )
pdf_icon 640 11/20/2013 Certificate of Service Letter Motion from James D. Linnan for Geoffrey R. Smith, Lauren T. Smith, Geoffrey R. Smith, Geoffrey R. Smith requesting Permission to Amend Trust submitted to Judge Hummel . (Linnan, James)
pdf_icon 639 11/20/2013 REPLY to Response to Motion re [610] MOTION for Attorney Fees MOTION for Release of Funds Certificate of Service filed by Geoffrey R. Smith(Trustee of the David L. and Lynn A. Smith Irrevocable Trust U/A 8/04/04), Lauren T. Smith, Geoffrey R. Smith, Geoffrey R. Smith. (Linnan, James)
pdf_icon 638 11/20/2013 REPLY to Response to Motion re [610] MOTION for Attorney Fees MOTION for Release of Funds filed by Geoffrey R. Smith(Trustee of the David L. and Lynn A. Smith Irrevocable Trust U/A 8/04/04), Lauren T. Smith, Geoffrey R. Smith, Geoffrey R. Smith. (Attachments: # (1) Declaration)(Linnan, James)
pdf_icon 637 11/20/2013 CERTIFICATE OF SERVICE by Lynn A. Smith re [636] Reply to Response to Motion, (Featherstonhaugh, James)
pdf_icon 636 11/20/2013 REPLY to Response to Motion re [610] MOTION for Attorney Fees MOTION for Release of Funds Reply Memorandum of Law in Support of Lynn Smith’s Motion to Modify Asset Freeze to Provide Living Expenses and Counsel Fees filed by Lynn A. Smith. (Attachments: # (1) Exhibit(s), # (2) Exhibit(s), # (3) Exhibit(s))(Featherstonhaugh, James)
pdf_icon 635 11/20/2013 Letter to Judge Hummell Letter Motion from James D. Linnan for Geoffrey R. Smith, Lauren T. Smith, Geoffrey R. Smith, Geoffrey R. Smith requesting Permission to execute Amendment to Trust submitted to Judge Hummell Proposed Amendment to Trust. (Attachments: # (1) Exhibit(s))(Linnan, James)
pdf_icon 634 11/19/2013 Letter Motion from David Stoelting for Securities and Exchange Commission requesting that the SEC’s time to file a response to motion to pay transcript costs be extended to Friday, November 22, on consent submitted to Judge Hummel . (Stoelting, David)
pdf_icon 633 11/13/2013 NOTICE by William J Brown re [628] MOTION Approval of Purchase Agreement with Hunt Telecommunications, LLC with Respect to the Purchase of All LLC Interests of Benchmark Communications, LLC Free and Clear of Liens, Claims and Encumbrances, [631] Order Notice to Potential Bidders for Benchmark Communications, LLC Interests Regarding Auction Details (Attachments: # (1) Certificate of Service)(Brown, William)
pdf_icon 632 11/13/2013 LETTER BRIEF in Reply to The David L. and Lynn A. Smith Irrevocable Trust Report Submitted with Objections to the Receivers Report Regarding Trust Sacandaga Property (Docket No. 626) by William J Brown. (Brown, William)
pdf_icon 631 11/13/2013 ORDER granting [629] Letter Request for a hearing re [628] Motion to be set on 11/22/13 at 10:30 AM in Albany before Magistrate Judge Hummel. Signed by Magistrate Judge Christian F. Hummel on 11/13/13. (sfp, )
pdf_icon 630 11/13/2013 RESPONSE in Opposition re [610] MOTION for Attorney Fees MOTION for Release of Funds filed by Securities and Exchange Commission. (McGrath, Kevin)
pdf_icon 629 11/12/2013 LETTER BRIEF Letter Requesting Hearing Date on Motion for Approval of Purchase Agreement with Hunt Telecommunications, LLC with Respect to the Purchase of All LLC Interests of Benchmark Communications, LLC Free and Clear of Liens, Claims and Encumbrances by William J Brown. (Brown, William)
pdf_icon 628 11/12/2013 MOTION Approval of Purchase Agreement with Hunt Telecommunications, LLC with Respect to the Purchase of All LLC Interests of Benchmark Communications, LLC Free and Clear of Liens, Claims and Encumbrances filed by William J Brown. (Attachments: # (1) Exhibit(s) A & B, # (2) Proposed Order/Judgment, # (3) Certificate of Service) Motions referred to Christian F. Hummel. (Brown, William)
pdf_icon 627 11/12/2013 Letter Motion from David Stoelting for Securities and Exchange Commission requesting permission to file SEC’s response to motion to pay transcript costs on November 15, 2013 submitted to Judge Hummel . (Stoelting, David)
pdf_icon 626 11/11/2013 STATUS REPORT Objection to Receiver’s Report by Geoffrey R. Smith(Trustee of the David L. and Lynn A. Smith Irrevocable Trust U/A 8/04/04), Lauren T. Smith, Geoffrey R. Smith, Geoffrey R. Smith. (Attachments: # (1) Affidavit, # (2) Declaration)(Linnan, James)
625 11/11/2013 This document is not available.
pdf_icon 624 11/7/2013 STATUS REPORT Plaintiff’s Response to the Receiver’s Report dated October 10. 2013 by Securities and Exchange Commission. (Stoelting, David)
623 10/31/2013 TEXT ORDER regarding plaintiff’s letter motion [622] clarifying prior inconsistency between the Court’s Order [589] and Text Notice dated 10/22/2013. With respect to [620] the First MOTION for Release of Funds, the deadlines are as articulated in the Court’s Order [589], specifically: Response to Motion due by 11/12/2013 and Reply to Response to Motion due by 11/19/2013. Authorized by Magistrate Judge Christian F. Hummel on 10/31/2013. (aaf, )
pdf_icon 622 10/30/2013 Letter Motion from SEC re briefing schedule re motion for attorney fees/release of funds for Securities and Exchange Commission requesting clarification on whether parties should follow dues dates for responses/replies set forth in the Order entered 9.3.13 (Dkt. 589) or in the Text Notice entered Oct 22, 2013 submitted to Judge Hummel . (Stoelting, David)
pdf_icon 621 10/29/2013 CERTIFICATE OF SERVICE by David L. Smith of Motion for Transcript Costs (Dreyer, William)
pdf_icon 620 10/29/2013 First MOTION for Release of Funds for Transcript Costs Motion Hearing set for 11/21/2013 09:30 AM in Albany before Magistrate Judge Christian F. Hummel Response to Motion due by 11/4/2013 Reply to Response to Motion due by 11/12/2013. filed by David L. Smith. (Attachments: # (1) Declaration, # (2) Declaration, # (3) Memorandum of Law) Motions referred to Christian F. Hummel. (Dreyer, William)
619 10/25/2013 TEXT ORDER granting [617] Letter Request extending time for David Smith’s Motion to Pay Transcript Costs by November 1, 2013. Authorized by Magistrate Judge Christian F. Hummel on 10/25/13. (cjm, )
618 10/25/2013 TEXT ORDER granting [616] Letter Request extending time for all parties to respond to the Receiver’s Report until 11/7/13. Authorized by Magistrate Judge Christian F. Hummel on 10/25/13. (cjm, )
pdf_icon 617 10/25/2013 Letter Motion from William J. Dreyer, Esq. for David L. Smith requesting one week extension submitted to Judge Hummel . (Dreyer, William)
pdf_icon 616 10/23/2013 Letter Motion from James D. Linnan requesting extension for Geoffrey R. Smith, Lauren T. Smith, Geoffrey R. Smith requesting Adjournment of 14 days to responsd to Receiver’s Report submitted to Judge Hummel . (Linnan, James)
pdf_icon 615 10/23/2013 STIPULATION AND ORDER: it is SO ORDERED that, as consented to herein, James D. Linnan, Esq. be substituted as attorney of record for Lauren T. Smith in place of James Featherstonhaugh, Esq. (copy served via regular mail on non-CM/ECF recipients). Signed by Magistrate Judge Christian F. Hummel on 10/23/2013. (sg )
pdf_icon 614 10/23/2013 STIPULATION AND ORDER: it is SO ORDERED that, as consented to herein, James D. Linnan, Esq. be substituted as attorney of record for Geoffrey R. Smith in place of James Featherstonhaugh, Esq. (copy served via regular mail on non-CM/ECF recipients). Signed by Magistrate Judge Christian F. Hummel on 10/23/2013. (sg )
pdf_icon 613 10/22/2013 STIPULATION of Consent to Change Attorney by Lauren T. Smith submitted to Judge Christian F. Hummel. (Featherstonhaugh, James)
pdf_icon 612 10/21/2013 STIPULATION of Consent to Change Attorney by Geoffrey R. Smith(Trustee of the David L. and Lynn A. Smith Irrevocable Trust U/A 8/04/04), Geoffrey R. Smith submitted to Judge Christian F. Hummel. (Featherstonhaugh, James)
pdf_icon 611 10/18/2013 CERTIFICATE OF SERVICE by Geoffrey R. Smith(Trustee of the David L. and Lynn A. Smith Irrevocable Trust U/A 8/04/04), Lauren T. Smith, Lynn A. Smith, Geoffrey R. Smith re [610] MOTION for Attorney Fees MOTION for Release of Funds (Featherstonhaugh, James)
pdf_icon 610 10/18/2013 MOTION for Attorney Fees , MOTION for Release of Funds filed by Geoffrey R. Smith(Trustee of the David L. and Lynn A. Smith Irrevocable Trust U/A 8/04/04), Lauren T. Smith, Lynn A. Smith, Geoffrey R. Smith. (Attachments: # (1) Affidavit, # (2) Exhibit(s), # (3) Exhibit(s), # (4) Exhibit(s), # (5) Exhibit(s), # (6) Exhibit(s), # (7) Exhibit(s), # (8) Exhibit(s), # (9) Exhibit(s), # (10) Exhibit(s), # (11) Exhibit(s), # (12) Memorandum of Law, # (13) Declaration) Motions referred to Christian F. Hummel. (Featherstonhaugh, James)
609 10/18/2013 TEXT ORDER granting [608] Letter Request by David Smith for an extension to file motion by October 25, 2013. Authorized by Magistrate Judge Christian F. Hummel on 10/18/13. (cjm, )
pdf_icon 608 10/17/2013 Letter Motion from William J. Dreyer, Esq. for David L. Smith requesting extension of motion deadline submitted to Judge Hummel . (Dreyer, William)
pdf_icon 607 10/17/2013 NON-PARTY Letter to Receiver. (lah)
606 10/11/2013 ***SEALED DOCUMENT Exhibits to Status Report filed by William J Brown [604]. Filed under seal and the file is held in the Clerk’s Office. (lah)
pdf_icon 605 10/11/2013 CERTIFICATE OF SERVICE by William J Brown re [604] Status Report (Brown, William)
pdf_icon 604 10/10/2013 STATUS REPORT Receiver’s Report Regarding Smith Trust Sacandaga Property as Directed by Memorandum-Decision and Order dated September 11, 2013 (Docket No. 592) by William J Brown. (Brown, William)
pdf_icon 603 10/10/2013 ORDER granting [602] Letter Request that the confidential information as defined herein shall be filed under seal by the Receiver with copies to be provided to the Securities and Exchange Commission, Counsel for the Smith Trust, and the Trustee for the Smith Trust. Signed by Magistrate Judge Christian F. Hummel on 10/7/2013. (copies of this Order served via regular mail to non-CM/ECF recipients) (sg )
pdf_icon 602 10/7/2013 Letter Motion from William J. Brown for William J Brown requesting Partial Sealing Order submitted to Judge Hon, Christian F. Hummel . (Brown, William)
pdf_icon 601 10/4/2013 ORDER Approving [596] Fourth Interim Application of Chiampou Travis Besaw & Kershner LLP for approval of fees. It is further ORDERED, that the Receiver is authorized and directed to pay the amounts as allowed pursuant to this Order. Signed by Magistrate Judge Christian F. Hummel on 10/2/2013. (copy of this order served via regular mail on non-CM/ECF recipients). (sg )
pdf_icon 600 10/4/2013 ORDER approving [595] Amended Fifth Interim Application of Phillips Lytle LLP and the Receiver for allowance of compensation and reimbursement of expenses. It is further ORDERED, that the Receiver is authorized and directed to pay the amounts as allowed pursuant to this Order. Signed by Magistrate Judge Christian F. Hummel on 10/2/2013. (copy of this order served via regular mail on non-CM/ECF recipients). (sg)
pdf_icon 599 10/4/2013 ORDER approving [590] Motion of William J. Brown, as Receiver, for an order approving settlement with verifier Capital Holdings LLC with respect to the redemption of Guaranteed payment units and common units issued to TDM Cable Funding, LLC and McGinn Smith Funding LLC; and it is further ORDERED, that the Settlement (as defined in the Motion) and all the terms set forth therein including the exchange of the described releases are hereby approved in their entirety and all liens, claims and encumbrances, if any, shall attach to the proceeds of the Settlement. Signed by Magistrate Judge Christian F. Hummel on 10/2/2013. (copy of order served via regular mail on non-CM/ECF recipients) (sg )
598 10/4/2013 Text Minute Entry (FTR recorded 9:00 am - 9:30 am) (CTRM #1) for proceedings held before Magistrate Judge Christian F. Hummel: Motion Hearing held on 10/2/2013 re [595] MOTION for Attorney Fees Fifth Interim Application of Phillips Lytle LLP and the Receiver for Allowance of Compensation and Reimbursement of Expenses filed by William J Brown, [590] MOTION for Order to Approve Settlement with Verifier Capital Holdings LLC with Respect to the Redemption of Guaranteed Payment Units and Common Units Issued to TDM Cable Funding, LLC and McGinn Smith Funding, LLC Free and Clear of Liens, Claims and En filed by William J Brown, [596] MOTION Compensation for Services Rendered Fourth Interim Application of Chiampou Travis Besaw & Kershner LLP for Approval of Fees filed by William J Brown. This matter comes before the Court was a motion to approve a settlement which has been served on all parties unopposed. William Brown places proposed settlement and asset distribution plan on record. The Court accepts the plan and so orders docket 595-7, 596-6 and order approving motion of William Brown, as receiver for an order approving settlement, etc. to be docketed following today’s proceedings. (CRD: Cynthia Weaver / CR: Theresa Casal). (ccw)
pdf_icon 597 9/16/2013 NOTICE by William J Brown re [590] MOTION for Order to Approve Settlement with Verifier Capital Holdings LLC with Respect to the Redemption of Guaranteed Payment Units and Common Units Issued to TDM Cable Funding, LLC and McGinn Smith Funding, LLC Free and Clear of Liens, Claims and En Notice to Potential Bidders for Verifier Capital Holdings LLC Guaranteed Payment Units and Common Units Regarding Auction Details (Attachments: # (1) Certificate of Service)(Brown, William)
pdf_icon 596 9/13/2013 MOTION Compensation for Services Rendered Fourth Interim Application of Chiampou Travis Besaw & Kershner LLP for Approval of Fees Motion Hearing set for 10/17/2013 09:30 AM in Albany before Magistrate Judge Christian F. Hummel Response to Motion due by 9/30/2013 filed by William J Brown. (Attachments: # (1) Notice, # (2) Exhibit(s) A, # (3) Exhibit(s) B-1, # (4) Exhibit(s) B-2, # (5) Exhibit(s) B-3, # (6) Proposed Order/Judgment, # (7) Certificate of Service) Motions referred to Christian F. Hummel. (Brown, William)
pdf_icon 595 9/13/2013 MOTION for Attorney Fees Fifth Interim Application of Phillips Lytle LLP and the Receiver for Allowance of Compensation and Reimbursement of Expenses Motion Hearing set for 10/17/2013 09:30 AM in Albany before Magistrate Judge Christian F. Hummel Response to Motion due by 9/30/2013 Reply to Response to Motion due by 10/7/2013. filed by William J Brown. (Attachments: # (1) Notice, # (2) Exhibit(s) A, # (3) Exhibit(s) B-1, # (4) Exhibit(s) B-2, # (5) Exhibit(s) B-3, # (6) Exhibit(s) C, # (7) Proposed Order/Judgment, # (8) Certificate of Service) (Brown, William)
pdf_icon 594 9/13/2013 CERTIFICATE OF SERVICE by William J Brown re [593] Order Setting Hearing on Motion, [590] MOTION for Order to Approve Settlement with Verifier Capital Holdings LLC with Respect to the Redemption of Guaranteed Payment Units and Common Units Issued to TDM Cable Funding, LLC and McGinn Smith Funding, LLC Free and Clear of Liens, Claims and En Supplemental and Amended (Brown, William)
pdf_icon 593 9/13/2013 ORDER as to [591] Letter Request filed by William J. Brown requesting that the Court set a hearing on the [590] Motion: The Hearing on the referenced motion shall be heard at 9:00AM on October 2, 2013 before Magistrate Judge Christian F. Hummel and the marketing, auction and bidding procedures are approved. Signed by Magistrate Judge Christian F. Hummel on 9/11/2013. (copy of this order sent via regular mail to pro se/non-CM/ECF parties)(sg )
pdf_icon 592 9/12/2013 MEMORANDUM-DECISION AND ORDER: for the reasons stated herein, it is hereby ORDERED that (1) the Trust’s [568] motion to vacate the Court’s previous order directing the Receiver to rent or sell the Sacandaga Lake property is DENIED in all respects; (2) the Smiths’ [576] motion for release of assets from the preliminary injunction to pay tax liabilities is DENIED in all respects; (3) the Receiver is directed to file with the Court within thirty days of the entry of this order, a written report regarding whether selling or renting the property or a combination of both will maximize its value. The parties are directed to file any written objections within fourteen days of the filing of the Receiver’s report. Signed by Magistrate Judge Christian F. Hummel on 9/11/2013. (copy of this Order sent via regular mail to pro se parties/non-CM/ECF recipients) (sg )
pdf_icon 591 9/11/2013 LETTER BRIEF Letter requesting hearing date on Motion to Approve Settlement with Verifier Capital Holdings LLC with Respect to the Redemption of Guaranteed Payment Units and Common Units Issued to TDM Cable Funding, LLC and McGinn Smith Funding, LLC Free and Clear of Liens, Claims and Encumbrances by William J Brown. (Brown, William)
pdf_icon 590 9/11/2013 MOTION for Order to Approve Settlement with Verifier Capital Holdings LLC with Respect to the Redemption of Guaranteed Payment Units and Common Units Issued to TDM Cable Funding, LLC and McGinn Smith Funding, LLC Free and Clear of Liens, Claims and Encumbrances filed by William J Brown. (Attachments: # (1) Exhibit(s) A-C, # (2) Proposed Order/Judgment, # (3) Certificate of Service) Motions referred to Christian F. Hummel. (Brown, William)
pdf_icon 589 9/5/2013 ORDER : it is hereby ORDERED, that 1. the STAY which was entered on the dispositive motions and trial pending completion of the criminal matters (Dkt. 474) is hereby LIFTED; 2. Counsel for defendants and relief defendants seeking permission to file motions as set forth herein is GRANTED. Defendants shall file their motions by October 18, 2013; plaintiff Securities and Exchange Commission’s (SEC) response shall be filed on or before November 12, 2013; defendants shall file any replies by November 19, 2013; 3. Plaintiff’s right to seek a briefing schedule for filing a dispositive motion is reserved until the SEC is informed of when it can expect a copy of the transcript from the criminal proceedings. Signed by Magistrate Judge Christian F. Hummel on 9/3/2013. (sg )
8/29/2013 TEXT ORDER granting [587] Letter Request, Telephonic Pre-Motion Filing Conference set for 9/3/2013 02:00 PM in Albany before Magistrate Judge Christian F. Hummel. Authorized by Magistrate Judge Christian F. Hummel on 8/29/13. (cjm, )
pdf_icon 587 8/28/2013 Letter Motion from James D. Featherstonhaugh for Geoffrey R. Smith, Lauren T. Smith, Lynn A. Smith requesting Telephone conference submitted to Judge Christian F. Hummel . (Featherstonhaugh, James)
pdf_icon 586 8/12/2013 LETTER BRIEF by David L. Smith.
pdf_icon 585 7/26/2013 LETTER BRIEF by David L. Smith, Lynn A. Smith. (Dreyer, William)
pdf_icon 584 7/25/2013 LETTER BRIEF by Securities and Exchange Commission. (Stoelting, David)
pdf_icon 583 7/9/2013 REPLY to Response to Motion re [576] First MOTION for Release of Funds to pay taxes due and owing filed by David L. Smith, Lynn A. Smith(Relief Defendant). (Dreyer, William)
pdf_icon 582 7/3/2013 CERTIFICATE OF SERVICE by William J Brown re [580] Response to Motion, (Brown, William)
pdf_icon 581 7/3/2013 CERTIFICATE OF SERVICE by Securities and Exchange Commission re [579] Memorandum of Law (Stoelting, David)
pdf_icon 580 7/3/2013 RESPONSE to Motion re [576] First MOTION for Release of Funds to pay taxes due and owing Receiver’s (I) Reply to Smiths’ Joint Motion for Modification of the Preliminary Injunction Order to Release Assets to Pay Criminal Tax Obligations and (II) Joinder in SEC’s Memorandum of Law in Opposition filed by William J Brown. (Brown, William)
pdf_icon 579 7/3/2013 MEMORANDUM OF LAW re [576] Motion for Release of Funds, filed by Securities and Exchange Commission. (Stoelting, David)
578 6/26/2013 ***SEALED DOCUMENT Exhibit A to [576] Motion. Maintained in the Albany Office of the Clerk. (dpk)
6/18/2013 CORRECTED SCHEDULING NOTICE as to [576] First MOTION for Release of Funds to pay taxes due and owing. Response to Motion due by 7/2/2013 and Reply to Response to Motion due by 7/9/2013, pursuant to the directive by the Court contained in the 6/17/2013 Text Minute Entry. (sg )
6/18/2013 SCHEDULING NOTICE as to [576] First MOTION for Release of Funds to pay taxes due and owing filed by David Smith and Lynn Smith : Motion Hearing set for 7/18/2013 at 9:30 AM in Albany before Magistrate Judge Christian F. Hummel. Response to Motion due by 7/1/2013. Reply to Response to Motion due by 7/8/2013. MOTION ON SUBMIT, NO APPEARANCES. (sg )
pdf_icon 577 6/18/2013 CERTIFICATE OF SERVICE by David L. Smith, Lynn A. Smith re [576] First MOTION for Release of Funds to pay taxes due and owing (Dreyer, William)
pdf_icon 576 6/18/2013 First MOTION for Release of Funds to pay taxes due and owing Motion Hearing set for 7/18/2013 09:00 AM in Albany before Chief Judge Gary L. Sharpe Response to Motion due by 7/1/2013 Reply to Response to Motion due by 7/8/2013. filed by David L. Smith, Lynn A. Smith. (Attachments: # (1) Declaration, # (2) Memorandum of Law) Motions referred to Christian F. Hummel. (Dreyer, William)
6/18/2013 Text Minute Entry (FTR recorded 2:00 pm - 2:20 pm) for proceedings held before Magistrate Judge Christian F. Hummel: Telephone Conference held on 6/17/2013. Appearances: Kevin McGrath and David Stoelting for the SEC, Elizabeth Coombe for the USAO, William Dreyer and Warren Owens for David Smith, James Featherstonhaugh for Lynn Smith, William Brown for the receiver. An issue had arisen regarding taxes. A motion schedule is set for the Smith defendants to file motion regarding the payment of outstanding taxes. Deadlines as as follows: The Smith Defendant’s shall serve their motion papers by 6/17/13; An response is due by 7/2/13 and any reply due by 7/9/13. A written Order will follow. (cjm, )
pdf_icon 575 6/12/2013 LETTER BRIEF by Geoffrey R. Smith. (Featherstonhaugh, James)
pdf_icon 574 6/11/2013 ORDER re: 6/7/2013 Conference: as directed during the conference and for reasons stated at that time which are incorporated herein by reference, it is hereby ORDERED that: 1) the Smith defendants are granted permission to make a motion regarding the payment of the outstanding taxes; 2) the Smith defendants shall serve their motion papers by 6/17/2013; 3) answering papers shall be served by 7/2/2013; and 4) Reply papers shall be served by 7/9/2013. Signed by Magistrate Judge Christian F. Hummel on 6/11/2013. (sg, )
pdf_icon 573 6/5/2013 AFFIDAVIT re [571] LETTER BRIEF, Certificate of Service by William J Brown. (Brown, William)
pdf_icon 572 6/5/2013 MEMORANDUM OF LAW re [568] Motion to Vacate filed by Securities and Exchange Commission. (Attachments: # (1) Declaration of Service)(Stoelting, David)
pdf_icon 571 6/4/2013 LETTER BRIEF Declaration of William J. Brown, as Receiver, in Connection with the Motion of Defendant/Intervenor, Geoffrey R. Smith, Trustee of the David L. Smith and Lynn A. Smith Irrevocable Trust U/A 8/04/04 Motion to Vacate (Docket No. 568) by William J Brown. (Brown, William)
pdf_icon 570 5/31/2013 Letter from non-party Kathryn De Leonardis dated 5/30/2013 addressed to Magistrate Judge Christina F. Hummel. (sg )
pdf_icon 569 5/22/2013 CERTIFICATE OF SERVICE by Geoffrey R. Smith re [568] MOTION to Vacate (Featherstonhaugh, James)
pdf_icon 568 5/22/2013 MOTION to Vacate filed by Geoffrey R. Smith. (Attachments: # (1) Memorandum of Law, # (2) Affidavit) (Featherstonhaugh, James)
pdf_icon 567 5/14/2013 CORRECTED MANDATE of USCA, issued 5/14/13, as to 279 , 380 , 381 , 383 and 400 Appeals. (cbm )
pdf_icon 566 5/14/2013 MANDATE of USCA, issued 5/13/13, as to 379 , 380 , 381 , 383 and 400 Appeals, dismissing appeals of Dunn and Wojeski, affirming the sanctions against Lynn Smith, and remanding for further proceedings in accordance w/attached slip opinion. (cbm )
pdf_icon 565 5/1/2013 ORDER: as directed during the 4/30/2013 Conference held with counsel for all parties, it is hereby ORDERED, that 1. the attorneys for Lynn Smith and the Trust shall file by 5/21/2013 their motion for relief based upon the decision of the Second Circuit in S.E.C. v. Smith, 710 F.3d 87 (2d Cir.2013); 2. all papers in opposition to that motion shall be filed by 6/4/2013; and 3. reply papers shall be filed by 6/11/2013. (Compliance Deadline Set: motion to be filed by 5/21/2013) Signed by Magistrate Judge Christian F. Hummel on 4/30/2013. (sg )
pdf_icon 564 4/26/2013 ORDER SETTING SETTLEMENT CONFERENCE. All parties and their lead counsel are hereby ORDERED TO APPEAR BEFORE THE UNDERSIGNED at the James T. Foley U.S. Courthouse, 445 Broadway, Albany NY at 1:00PM on April 30, 2013. Signed by Magistrate Judge Christian F. Hummel on 4/26/2013. (sg )
4/15/2013 TEXT Minute Entry (Court Stenographer/FTR Recorded) for proceedings held before Magistrate Judge Christian F. Hummel: On-the-Record Telephone Conference held on 4/15/2013 re: [563] Letter Request. The Court sets a settlement conference for April 30, 2013 at 1:00PM in Albany New York, and states that if a settlement cannot be reached at that time, the Court will issue an expedited briefing schedule re: all issues indicated in the 3/18/2013 Decision of the Second Circuit Court of Appeals. A Scheduling Notice will be issued. Appearances: James Featherstonhaugh, Esq., William Dreyer, Esq. for defendants; via telephone: Kevin McGrath, Esq. and David Stoelting, Esq. for SEC; William J. Brown, Esq., James Knox, Esq. for defendants; AUSA Elizabeth Coombe, AUSA Richard Belliss, AUSA Wayne Myers for the Government. (Court Reporter Bonnie Buckley) (sg )
pdf_icon 563 3/25/2013 Letter Motion from Plaintiff Securities and Exchange Commission for Securities and Exchange Commission requesting Telephonic Status Conference submitted to Judge Hummel . (McGrath, Kevin)
pdf_icon 562 2/20/2013 MEMORANDUM-DECISION AND ORDER re [561] Amended Fifth Application for Attorney’s Fees and Costs filed by David L. Smith. ORDERED that Dreyer Boyajian LLP’s Fifth Amended Application for compensation for legal services rendered between 1/1/2013 and 1/31/2013 in the amount of $92,137.50 is approved. ORDERED that the application by Dreyer Boyajian LLP for reimbursement of costs expended between 1/1/2013 and 1/31/2013 in the amount of $3,502.09 is approved. ORDERED that Dreyer Boyajian LLP may make further applications as deemed appropriate. ORDERED that Dreyer Boyajian LLP is authorized to make the payments allowed pursuant to this Order. Signed by Magistrate Judge Christian F. Hummel on 2/19/2013. (dpk)
561 2/20/2013 SEALED Amended Fifth Application for Attorney’s Fees and Costs filed by David L. Smith. (Filed under Seal pursuant to the directives contained in the Memorandum-Decision and Orders of Magistrate Judge David R. Homer dated 4/4/2012, 6/20/2012 and 1/8/2013). Submitted to Magistrate Judge Christian F. Hummel. (dpk)
560 2/20/2013 SEALED Fifth Application for Attorney’s Fees and Costs filed by David L. Smith. (Filed under Seal pursuant to the directives contained in the Memorandum-Decision and Orders of Magistrate Judge David R. Homer dated 4/4/2012, 6/20/2012 and 1/8/2013). Submitted to Magistrate Judge Christian F. Hummel. (dpk)
pdf_icon 559 2/1/2013 Non-Party Letter from Peter J. Hurtt. (dpk)
1/25/2013 Set Deadlines/Hearings: Ex-Parte In Chambers Conference set for 1/29/2013 09:30 AM regarding sealed application for attorneys fees in Albany before Magistrate Judge Christian F. Hummel. (cjm, )
pdf_icon 558 1/22/2013 Non-Party Letter from Mary Ann O’Brien. (dpk)
pdf_icon 557 1/8/2013 MEMORANDUM-DECISION AND ORDER re [556] Sealed Document filed by David L. Smith. It is hereby ORDERED, that Dreyer Boyajian LLP’s Fourth Application for compensation for legal services rendered between 12/1/2012 and 12/31/2012 in the amount of $66,717.50 is approved. ORDERED that the application by Dreyer Boyajian LLP for reimbursement of costs expended between 12/1/2012 and 12/31/2012 in the amount of $900.89 is approved. ORDERED that Dreyer Boyajin LLP may make further applications as deemed appropriate. ORDERED that Dreyer Boyajian LLP is authorized to make the payments allowed pursuant to this Order. Signed by Magistrate Judge Christian F. Hummel on 1/8/2013. (dpk)
556 1/8/2013 SEALED Fourth Application for Attorney’s Fees and Costs filed by David L. Smith. (Filed under Seal pursuant to the directives contained in the Memorandum-Decision and Orders of Magistrate Judge David R. Homer dated 4/4/2012 and 6/20/2012). Submitted to Magistrate Judge Christian F. Hummel. (dpk)