| Court: | ctd |
| Docket #: | 3:15-cv-01760 |
| Case Name: | Securities and Exchange Commission v. Garza et al |
| PACER case #: | 110362 |
| Date filed: | 2015-12-01 |
| Date terminated: | 2017-10-04 |
| Date of last filing: | 2017-05-30 |
| Assigned to: | Judge Jeffrey A. Meyer |
| Case Cause: | 15:78m(a) Securities Exchange Act |
| Nature of Suit: | 850 Securities/Commodities |
| Jury Demand: | Plaintiff |
| Jurisdiction: | U.S. Government Plaintiff |
| Represented Party | Attorney & Contact Info |
| Securities and Exchange Commission Plaintiff |
John B. Hughes Kathleen Burdette Shields Gretchen Ann Lundgren |
| Homero Joshua Garza Defendant |
Marjorie J. Peerce Michael Grudberg |
| GAW Miners, LLC Defendant TERMINATED: 05/29/2017 |
|
| Zenminer, LLC Defendant TERMINATED: 05/29/2017 doing business asZen Cloud TERMINATED: 05/29/2017 |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2015-12-01 | 1 | 0 | Complaint | COMPLAINT against GAW Miners LLC, Homero Joshua Garza, Zenminer LLC (d/b/a Zen Cloud), filed by Securities and Exchange Commission. (Attachments: # 1 Civill Cover Sheet)(Shields, Kathleen) (Entered: 12/01/2015) | 2015-12-16 12:51:44 | 8330e073621d623f011818efad6c9594e0729efd |
| 1 | 1 | Civill Cover Sheet | 2015-12-16 12:51:54 | f3ad151001f663472116e3080dafbd443997f8ae | ||
| 2015-12-01 | 2 | 0 | Order on Pretrial Deadlines | Order on Pretrial Deadlines: Motions to Dismiss due on 3/1/2016. Amended Pleadings due by 1/30/2016 Discovery due by 6/1/2016 Dispositive Motions due by 7/1/2016 Signed by Clerk on 12/1/2015.(Nuzzi, T) (Entered: 12/02/2015) | 2015-12-16 12:52:03 | f55b15744e5379e2d93d2d8de86b57711d9d5ac8 |
| 2015-12-01 | 3 | 0 | Electronic Filing Order | ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Jeffrey A. Meyer on 12/1/2015.(Nuzzi, T) (Entered: 12/02/2015) | 2015-12-16 12:52:15 | c199929447283c7d21cfbcde6d14b909950172be |
| 2015-12-01 | 4 | 0 | Protective Order | STANDING PROTECTIVE ORDER Signed by Judge Jeffrey A. Meyer on 12/1/2015.(Nuzzi, T) (Entered: 12/02/2015) | 2015-12-16 12:52:25 | d50e1ab8017b7e585c4cc4f0e42a5341054eb501 |
| 2015-12-02 | 5 | 0 | Electronic Service Documents | NOTICE TO COUNSEL: Counsel initiating or removing this action is responsible for serving all parties with attached documents and copies of 1 Complaint filed by Securities and Exchange Commission, 4 Protective Order, 2 Order on Pretrial Deadlines, 3 Electronic Filing Order Signed by Clerk on 12/2/2015.(Nuzzi, T) (Entered: 12/02/2015) | 2015-12-16 12:52:34 | 3c39d40df1546a0a7ee8ac1b994fb15baf17356c |
| 2015-12-02 | 6 | 0 | Electronic Summons Issued | ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *GAW Miners, LLC, Zenminer, LLC* with answer to complaint due within *21* days. Attorney *Kathleen Burdette Shields* *U. S. Securities and Exchange Comm. Boston* *33 Arch St., 23rd Floor* *Boston, MA 02110*. (Nuzzi, T) (Entered: 12/02/2015) | 2015-12-16 12:52:45 | d64ff83e49bce3eb1eb1d1b4df91c61a8ecbe94e |
| 2015-12-09 | 7 | 0 | Summons Returned Executed | SUMMONS Returned Executed by Securities and Exchange Commission. Zenminer, LLC served on 12/4/2015, answer due 12/25/2015. (Shields, Kathleen) (Entered: 12/09/2015) | 2015-12-16 12:52:59 | 00147d0243fb4ad0884d2f78be6478cbc28b04a1 |
| 2015-12-09 | 8 | 0 | Summons Returned Executed | SUMMONS Returned Executed by Securities and Exchange Commission. GAW Miners, LLC served on 12/4/2015, answer due 12/25/2015. (Shields, Kathleen) (Entered: 12/09/2015) | 2015-12-16 13:20:06 | 0ed8749fe336410cbbf15644b5a05e33d5479827 |
| 2016-01-04 | 9 | 0 | WAIVER OF SERVICE Returned Executed as to Homero Joshua Garza waiver sent on 12/28/2015, answer due 2/26/2016 filed by Securities and Exchange Commission. (Shields, Kathleen) (Entered: 01/04/2016) | 2016-02-26 00:05:58 | 7ce1f4e6098782adb04dc23344bb53415bfcadf9 | |
| 2016-01-06 | 10 | 0 | MOTION for Default Entry 55(a) against GAW Miners and ZenMiner by Securities and Exchange Commission. (Attachments: # 1 Affidavit of Kathleen Shields)(Shields, Kathleen) (Entered: 01/06/2016) | 2016-02-25 23:45:06 | 3bd827284c588c76f9d18071132ce63c548ff6ca | |
| 10 | 1 | Affidavit of Kathleen Shields | 2016-02-25 23:45:32 | 9521158a81d2e690874dd9073a207f0441f4821e | ||
| 2016-01-27 | 11 | 0 | NOTICE of Appearance by Michael Grudberg on behalf of Homero Joshua Garza (Grudberg, Michael) (Entered: 01/27/2016) | 2016-02-25 23:44:52 | ee80fc847064b4db946332fca9bd6aca90278db7 | |
| 2016-01-27 | 12 | 0 | Consent MOTION for Extension of Time until March 2, 2016 to Answer 1 Complaint by Homero Joshua Garza. (Grudberg, Michael) (Entered: 01/27/2016) | 2016-02-25 23:44:43 | d0e3e79d8b64a1c712048d1a8cb017f594ac1743 | |
| 2016-01-27 | 13 | 0 | ORDER granting 10 Motion for Default Entry 55(a) Motion for default judgment due by 2/26/2016. A Motion for Default Judgment pursuant to FRCP 55(b) shall be filed or this action will be dismissed by the Clerk pursuant to FRCP 41(a).. Signed by Clerk on 1/27/2016. (Oliver, T.) (Entered: 01/27/2016) | |||
| 2016-01-29 | 14 | 0 | ORDER granting 12 Motion for Extension of Time until March 2, 2016 to Answer 1 Complaint. Signed by Judge Jeffrey A. Meyer on 1/29/2016. (Gutierrez, Y.) (Entered: 01/29/2016) | |||
| 2016-02-12 | 15 | 0 | MOTION for Default Judgment against GAW Miners LLC and ZenMiner LLC by Securities and Exchange Commission. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Affidavit of Trevor Donelan, # 4 Exhibit to Donelan Declaration)(Shields, Kathleen) (Entered: 02/12/2016) | 2016-02-25 23:43:48 | c6743e1217381bb332ea26f76bc5891497515bf5 | |
| 15 | 1 | Memorandum in Support | 2016-02-25 23:44:00 | 75ab7ebd5b765de1ead638a4bb944ef039df874a | ||
| 15 | 2 | Text of Proposed Order | 2016-02-25 23:44:12 | ff04c2156ce6dbc1c5c6d332a134f68471ab0c86 | ||
| 15 | 3 | Affidavit of Trevor Donelan | 2016-02-25 23:44:23 | 6afb2fb3dfc6825f77dd212bf5287a26cfe5ea39 | ||
| 15 | 4 | Exhibit to Donelan Declaration | 2016-02-25 23:44:30 | 20fcdf1c4ed30e312aef7ee7adce41348279fea5 | ||
| 2016-02-24 | 16 | 0 | Consent MOTION for Extension of Time until April 1, 2016 to Answer 1 Complaint by Homero Joshua Garza. (Grudberg, Michael) (Entered: 02/24/2016) | 2016-02-25 23:50:52 | d716b5efe7c06a70ad5fdc9b59aafa56846c2992 | |
| 2016-02-24 | 17 | 0 | ORDER granting 16 Motion for Extension of Time. Signed by Judge Jeffrey A. Meyer on 2/24/2016. (Oakes, A.) (Entered: 02/24/2016) | |||
| 2016-03-25 | 18 | 0 | MOTION for Attorney(s) Marjorie J. Peerce to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205-3944165) by Homero Joshua Garza. (Attachments: # 1 Affidavit of Marjorie J. Peerce)(Grudberg, Michael) (Entered: 03/25/2016) | 2016-04-15 20:44:25 | 73e30d98ce4e0a377969a28749be08692ec67c96 | |
| 18 | 1 | Affidavit of Marjorie J. Peerce | 2016-04-15 20:44:37 | 50af539a92b8c1dd3a39c8ebdfb364cef32f3809 | ||
| 2016-03-25 | 19 | 0 | SEALED MOTION to Extend Time to Respond to Complaint by Homero Joshua Garza. (Grudberg, Michael) (Entered: 03/25/2016) | |||
| 2016-03-25 | 20 | 0 | SEALED MOTION to Seal Motion to Extend Time to Respond to Complaint by Homero Joshua Garza. (Grudberg, Michael) (Entered: 03/25/2016) | |||
| 2016-03-28 | 21 | 0 | ORDER granting 18 Motion to Appear Pro Hac Vice Certificate of Good Standing due by 5/27/2016. Signed by Clerk on 3/28/2016. (Caffrey, A.) (Entered: 03/28/2016) | |||
| 2016-03-29 | 22 | 0 | MOTION to Seal opposition to extend time to respond to complaint by Securities and Exchange Commission. (Shields, Kathleen) (Entered: 03/29/2016) | 2016-04-15 20:43:33 | c64a2d8d4da6c3afe5282eebbcab291ba061caa5 | |
| 2016-03-29 | 23 | 0 | Sealed Document: by Securities and Exchange Commission Sealed Opposition to Extend Time to Respond to Complaint. (Shields, Kathleen) (Entered: 03/29/2016) | |||
| 2016-04-05 | 24 | 0 | ORDER. The parties' respective motions to seal (Docs. # 20 and # 22 ) are granted for the reasons set forth in their filings and on the basis of the Court's conclusion that compelling reasons support sealing and that sealing is narrowly tailored to serve these reasons. Defendant's motion (Doc. # 19 ) is GRANTED only in part. Defendant shall file an answer or response by May 2, 2016.Signed by Judge Jeffrey A. Meyer on 3/30/2016. (Gutierrez, Y.) (Entered: 04/05/2016) | |||
| 2016-04-11 | 25 | 0 | CERTIFICATE OF GOOD STANDING re 18 MOTION for Attorney(s) Marjorie J. Peerce to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205-3944165) by Homero Joshua Garza. (Peerce, Marjorie) (Entered: 04/11/2016) | 2016-04-15 20:45:09 | c8dc5f6f0158c8ed1eae400123fc05f44227e1fe | |
| 2016-04-11 | 26 | 0 | NOTICE of Appearance by Marjorie J. Peerce on behalf of Homero Joshua Garza (Peerce, Marjorie) (Entered: 04/11/2016) | 2016-04-15 22:40:22 | 5c393a4c3f56753e5423ffd686c9e878566afdb1 | |
| 2016-10-26 | 27 | 0 | ORDER. The Court hereby STAYS this litigation for a period of 30 days. It is so ordered. Signed by Judge Jeffrey A. Meyer on 10/26/2016. (Gruber, Sarah) (Entered: 10/26/2016) | |||
| 2016-11-22 | 28 | 0 | SEALED MOTION to Request an Extension of Stay for an Additional 60 days by Homero Joshua Garza. (Peerce, Marjorie) (Entered: 11/22/2016) | |||
| 2016-11-22 | 29 | 0 | SEALED MOTION to Seal Motion to Request an Extension of Stay for an Additional 60 days by Homero Joshua Garza. (Peerce, Marjorie) (Entered: 11/22/2016) | |||
| 2016-11-28 | 30 | 0 | ORDER. The motion to seal (Doc. # 29 ) is GRANTED on the ground that compelling reasons exist that are narrowly tailored by sealing. Signed by Judge Jeffrey A. Meyer on 11/28/2016. (Gutierrez, Y.) (Entered: 11/28/2016) | |||
| 2016-11-28 | 31 | 0 | ORDER granting 28 Sealed Motion to Request an Extension of Stay for an Additional 60 days. Signed by Judge Jeffrey A. Meyer on 11/28/2016. (Gutierrez, Y.) (Entered: 11/28/2016) | |||
| 2017-01-23 | 32 | 0 | SEALED MOTION to Request An Extension of Stay by Homero Joshua Garza. (Peerce, Marjorie) (Entered: 01/23/2017) | |||
| 2017-01-23 | 33 | 0 | SEALED MOTION to Seal Motion to Request an Extension of Stay by Homero Joshua Garza. (Peerce, Marjorie) (Entered: 01/23/2017) | |||
| 2017-01-24 | 34 | 0 | ORDER granting 32 Sealed Motion to Request An Extension of Stay. Signed by Judge Jeffrey A. Meyer on 1/24/2017. (Gutierrez, Y.) (Entered: 01/24/2017) | |||
| 2017-01-24 | 35 | 0 | ORDER granting 33 Sealed Motion Seal Motion to Request an Extension of Stay until 2/7/2017. Signed by Judge Jeffrey A. Meyer on 1/24/2017. (Gutierrez, Y.) (Entered: 01/24/2017) | |||
| 2017-02-07 | 36 | 0 | ANSWER to 1 Complaint by Homero Joshua Garza.(Peerce, Marjorie) (Entered: 02/07/2017) | 2017-02-23 21:46:31 | dd589748b9be05a1ad059f762781eec06e10090d | |
| 2017-03-24 | 37 | 0 | REPORT of Rule 26(f) Planning Meeting. (Shields, Kathleen) (Entered: 03/24/2017) | 2017-06-06 20:21:47 | b50c531e51487c9002beeeba5ed4207431296f36 | |
| 2017-03-27 | 38 | 0 | ORDER RE SCHEDULING: The parties' Rule 26(f) Planning Report (Doc. # 37 ) is hereby APPROVED, as amended. All discovery shall be completed by November 7, 2017. Dispositive motions shall be filed by December 7, 2017, or within 30 days of the close of discovery. All other dates requested in the parties' Rule 26(f) report are also approved. The parties' joint trial memorandum is due by January 5, 2018, or within 30 days of the Court's ruling on dispositive motions, whichever date is later. This case will be ready for trial by February 12, 2018, or within 60 days of the Court's ruling on dispositive motions, whichever date is later. The parties are encouraged to commence discovery forthwith and to arrange their schedules in contemplation of the briefing deadlines for any dispositive motions, because the Court is unlikely to grant a future request for an extension of the scheduling order absent extraordinary and unforeseeable circumstances. If the parties do not anticipate dispositive motions, they are encouraged to contact chambers at the earliest possible time in order to have a trial date set. Please refer to Judge Meyer's webpage on the District of Connecticut website for Judge Meyer's "Pretrial Preferences" and "Trial Preferences" and for Judge Meyer's "Instructions for Discovery Disputes" and "Instructions for Joint Trial Memorandum." A telephonic status conference will be held July 14, 2017 at 5:00 p.m. Plaintiff shall initiate call. Once all parties are on the line, please call chambers at (203) 773-2105. It is so ordered. Signed by Judge Jeffrey A. Meyer on 3/27/2017. (Gruber, Sarah) (Entered: 03/27/2017) | |||
| 2017-05-29 | 39 | 0 | ORDER FOR ENTRY OF DEFAULT JUDGMENT. For the reasons set forth in the attached ruling, plaintiff's motion for default judgment (Doc. # 15 ) is granted and it is hereby ORDERED, ADJUDGED, AND DECREED that defendants GAW Miners, LLC and ZenMiner, LLC are jointly and severally liable for disgorgement of $10,078,331 plus $305,768 prejudgment interest. Due to the passage of time since plaintiff's filing of the default motion, plaintiff may file a supplemental motion if it wishes to update the amount that should be paid in prejudgment interest. In addition, defendant GAW Miners, LLC shall pay a civil penalty in the amount of $1,000,000, and defendant ZenMiner, LLC shall pay a civil penalty in the amount of $1,000,000. Plaintiff may also recover post-judgment interest as provided by law. It is so ordered. Signed by Judge Jeffrey A. Meyer on 5/29/2017. (Gruber, Sarah) (Entered: 05/29/2017) | 2017-06-06 20:23:20 | 4e3dcbe342b9a2ae8af40f71317713ab276cb6bf | |
| 2017-05-30 | 40 | 0 | MOTION for Judgment Clarifying Final Judgment as to Gaw Miners and ZenMiner by Securities and Exchange Commission.Responses due by 6/20/2017 (Attachments: # 1 Text of Proposed Order Proposed Final Judgment)(Shields, Kathleen) (Entered: 05/30/2017) | 2017-06-06 20:22:52 | b9763c2c65ac042f9197fac9d79cc169e4210cd4 | |
| 40 | 1 | Text of Proposed Order Proposed Final Judgment | 2017-06-06 20:23:07 | 5afc7ba22417327c153d13cf74412169b535653f | ||
| 2017-05-31 | 41 | 0 | DEFAULT JUDGMENT entered in favor of Securities and Exchange Commission against GAW Miners, LLC, Zenminer, LLC Signed by Judge Jeffrey A. Meyer on 5/31/2017.(Caffrey, A.) (Entered: 06/02/2017) | 2017-10-23 18:17:27 | 06baf06a85bf5a20c9cfc250e2bf885a428829c0 | |
| 2017-07-17 | 42 | 0 | NOTICE of Appearance by Gretchen Ann Lundgren on behalf of Securities and Exchange Commission (Lundgren, Gretchen) (Entered: 07/17/2017) | |||
| 2017-07-14 | 43 | 0 | Minute Entry for proceedings held before Judge Jeffrey A. Meyer: Telephone Status Conference held on 7/14/2017. Total Time: 5 minutes(Court Reporter Diana Huntington.) (Gutierrez, Y.) (Entered: 07/17/2017) | |||
| 2017-10-03 | 44 | 0 | Joint MOTION for Settlement Approval as to Defendant Garza by Securities and Exchange Commission. (Attachments: # 1 Text of Proposed Order Proposed Final Judgment, # 2 Consent)(Shields, Kathleen) (Entered: 10/03/2017) | |||
| 2017-10-04 | 45 | 0 | JUDGMENT/ORDER GRANTING MOTION FOR SETTLEMENT APPROVAL. The Court GRANTS the Joint Motion for Approval of Settlement and Entry of Final Judgment (Doc. # 44 ) in accordance with the attached signed order as proposed by the parties. The Clerk of Court shall enter final judgment and close this case. Signed by Judge Jeffrey A. Meyer on 10/4/2017. (Black, R.) Modified on 10/4/2017 (Gutierrez, Y.). (Entered: 10/04/2017) | 2017-10-23 18:16:08 | a3a71fcd6e37e8ff7cba9f78e30721df51172abc |