SECURITIES AND EXCHANGE Robert Kent Levenson
COMMISSION FTS 536-4154
plaintiff 305-982-6341
[COR LD NTC]
Chih-Pin Lu
FTS 536-7465
[COR LD NTC]
Alise Meredith Johnson
FTS 536-4154
305-982-6322
[COR LD NTC]
Linda Salup-Schmidt
[term 10/03/05]
FTS 536-4154
305-982-6315
[COR LD NTC]
Securities & Exchange
Commission
801 Brickell Avenue
Suite 1800
Miami, FL 33131
305-536-4700
v.
CONCORDE AMERICA, INC.
defendant
ABSOLUTE HEALTH AND FITNESS,
INC.
defendant
HARTLEY LORD
defendant
DONALD E. OEHMKE Richard Aldo Serafini
defendant FTS 765-1477
954-768-8256
[COR LD NTC]
Greenberg Traurig
401 E Las Olas Boulevard
Suite 2000
Fort Lauderdale, FL 33301
954-765-0500
Sotiris A. Planzos
FTS 457-6315
202-457-6457
[COR LD NTC]
Patton Boggs & Blow
2550 M Street NW
7th Floor
Washington, DC 20037-1350
202-457-6000
BRYAN KOS Nathalie Feix Scott
defendant FTS 789-9201
[COR NTC]
Fowler White Burnett
1395 Brickell Avenue
14th Floor
Miami, FL 33131-3302
305-951-6001
William Nortman
FTS 463-2224
954-468-2456
[COR LD NTC]
Jonathan Seth Robbins
FTS 463-2224
954-463-2700
Suite 1600
[COR LD NTC]
Akerman Senterfitt & Eidson
Las Olas Centre
350 E Las Olas Boulevard
Suite 1600
Fort Lauderdale, FL 33301-0006
954-463-2700
David J. Levenson
FTS 299-8093
[COR LD NTC]
7947 Turncrest Drive
Potomac, MD 20854
301-299-8092
THOMAS M. HEYSEK Thomas M. Heysek
defendant PO Box 2515
San Francisco, CA 94126
415-596-2200
ANDREW M. KLINE
defendant
PAUL A. SPREADBURY
defendant
DASILVA, SA
defendant
VANDERLIP HOLDINGS, NV
defendant
CHIANG ZE CAPITAL, AVV
defendant
RYZCEK INVESTMENTS, GMBH
defendant
BARRANQUILLA HOLDINGS, SA
defendant
2/14/05 1
COMPLAINT filed; FILING FEE: Waived ; Magistrate Judge
Lurana S. Snow (wc) [Entry date 02/15/05]
2/14/05 2
SUMMONS(ES) issued for Concorde America (wc)
[Entry date 02/15/05]
2/14/05 3
SUMMONS(ES) issued for Absolute Health (wc)
[Entry date 02/15/05]
2/14/05 4
SUMMONS(ES) issued for Hartley Lord (wc)
[Entry date 02/15/05]
2/14/05 5
SUMMONS(ES) issued for Donald E. Oehmke (wc)
[Entry date 02/15/05]
2/14/05 6
SUMMONS(ES) issued for Bryan Kos (wc) [Entry date 02/15/05]
2/14/05 7
SUMMONS(ES) issued for Thomas M. Heysek (wc)
[Entry date 02/15/05]
2/14/05 8
SUMMONS(ES) issued for Andrew M. Kline (wc)
[Entry date 02/15/05]
2/14/05 9
SUMMONS(ES) issued for Paul A. Spreadbury (wc)
[Entry date 02/15/05]
2/14/05 10
SUMMONS(ES) issued for Dasilva, SA (wc)
[Entry date 02/15/05]
2/14/05 11
SUMMONS(ES) issued for Vanderlip Holdings (wc)
[Entry date 02/15/05]
2/14/05 12
SUMMONS(ES) issued for Ryzcek Investments (wc)
[Entry date 02/15/05]
2/14/05 13
SUMMONS(ES) issued for Ryzcek Investments (wc)
[Entry date 02/15/05]
2/14/05 14
SUMMONS(ES) issued for Barranquilla Holding (wc)
[Entry date 02/15/05]
2/14/05 15
EX PARTE MOTION by Securities Exchange for temporary asset
freeze order and other relief (wc) [Entry date 02/15/05]
2/14/05 16
MEMORANDUM by Securities Exchange in support of [15-1]
motion for temporary asset freeze order and other relief (wc)
[Entry date 02/15/05]
2/14/05 17
Certification pursuant to Rule 65(b), FRCP by Securities
Exchange (wc) [Entry date 02/15/05]
2/14/05 18
MOTION by Securities Exchange for leave to file memorandum
of law in excess of 20 page limit (wc) [Entry date 02/15/05]
2/14/05 19
NOTICE of Filing of compact disk by Securities Exchange
(attached) (wc) [Entry date 02/15/05]
2/14/05 20
NOTICE of Filing of compact disks containing stock data by
Securities Exchange (attached) (wc) [Entry date 02/15/05]
2/14/05 21
EXHIBITS (Vol. I) to: [15-1] motion for temporary asset
freeze order and other relief by Securities Exchange (wc)
[Entry date 02/15/05]
2/14/05 22
EXHIBITS (Vol. II) to: [15-1] motion for temporary asset
freeze order and other relief by Securities Exchange (wc)
[Entry date 02/15/05]
2/14/05 23
EXHIBITS (Vol. III) to: [15-1] motion for temporary asset
freeze order and other relief by Securities Exchange (wc)
[Entry date 02/15/05]
2/14/05 24
Minutes of Plaintiff SEC's Ex Parte Motion for Asset Freeze
Order and other Relief held before Judge William J. Zloch
on 2/14/05; Court Reporter Name or Tape Carl Schanzleh (ch)
[Entry date 02/15/05]
2/14/05 -- Motion hearing re: [15-1] motion for temporary asset freeze
order and other relief (ch) [Entry date 02/15/05]
2/15/05 25
ORDER granting [18-1] motion for leave to file memorandum
of law in excess of 20 page limit, granting [15-1] motion
for temporary asset freeze order and other relief and
setting evidentiary hearing for 1:00 2/23/05 before Judge
William J. Zloch ( Signed by Judge William J. Zloch on
2/15/05 at 9:40 a.m.) [EOD Date: 2/15/05] (ch)
2/18/05 26
NOTICE of filing return of service executed for Bryan Kos
on 2/17/05 Answer due on 3/9/05 for Bryan Kos (ss)
[Entry date 02/22/05]
2/22/05 27
NOTICE of FILING PROOF OF SERVICE executed for Paul A.
Spreadbury on 2/15/05 Answer due on 3/7/05 for Paul A.
Spreadbury (gp)
2/22/05 28
NOTICE of FILING DECLARATION re:Return of service
unexecuted as to Thomas M. Heysek (gp)
2/22/05 29
NOTICE of FILING RETURN OF SERVICE executed for Absolute
Health on 2/16/05 Answer due on 3/8/05 for Absolute Health
(gp)
2/22/05 30
JOINT MOTION by Donald E. Oehmke, Securities Exchange to
modify [25-2] order (ss) [Entry date 02/23/05]
2/22/05 31
JOINT MOTION by Bryan Kos, Securities Exchange to modify
[25-2] order (ss) [Entry date 02/23/05]
2/23/05 32
RETURN OF SERVICE executed for Dasilva, SA, Vanderlip
Holdings, Barranquilla Holding on 2/21/05 Answer due on
3/14/05 for Dasilva, SA, for Vanderlip Holdings, for
Barranquilla Holding by Serving Registered Agent Sterling
Trust (Anguilla) Ltd. (gp)
2/23/05 34
Minutes of Hearing held before Judge William J. Zloch on
2/23/05; Court Reporter Name or Tape #: Bob Ryckoff (ss)
[Entry date 02/24/05]
2/23/05 35
Exhibit and Witness List (ss) [Entry date 02/24/05]
2/23/05 36
NOTICE of attorney appearance for Donald E. Oehmke by
Richard Aldo Serafini (ss) [Entry date 02/24/05]
2/24/05 33
NOTICE of filing proposed order by Securities Exchange (ss)
2/25/05 37
ORDER Setting status conference for 10:00 2/28/05 before
Judge William J. Zloch (Signed by Judge William J. Zloch
on 2/25/05) [EOD Date: 2/25/05] (gp)
2/27/05 -- Status conference held before Judge William J. Zloch (ch)
[Entry date 03/02/05]
2/28/05 38
Minutes of Status Conference held before Judge William J.
Zloch on 2/27/05; Court Reporter Name or Tape #: Andrea'
Stefanick (ch) [Entry date 03/02/05]
2/28/05 39
NOTICE of filing statement relating to status conference
regarding the authority of this Court to enter an asset
freeze order by Bryan Kos (ch) [Entry date 03/02/05]
3/1/05 41
ORDER granting [31-1] joint motion to modify [25-2] order,
granting [30-1] joint motion to modify [25-2] order and
granting Plaintiff's ore tenus motion to extend asset
freeze against relief defendants on 2/23/05 ( Signed by
Judge William J. Zloch on 3/1/05) [EOD Date: 3/3/05] (ch)
[Entry date 03/03/05]
3/2/05 40
Answer and affirmative defenses by Bryan Kos (Attorney
Nathalie Feix Scott), (gp)
3/2/05 42
MOTION by Bryan Kos for David J. Levenson, Esq. to appear
pro hac vice (ch) [Entry date 03/04/05]
3/3/05 43
MOTION by Securities Exchange for leave to file memorandum
in excess of twenty-page limit (ch) [Entry date 03/07/05]
3/3/05 44
RESPONSE by Securities Exchange to [39-1] notice of
statement relating to the authority of the court to enter
an asset freeze (ch) [Entry date 03/07/05]
3/4/05 45
APPLICATION by Donald E. Oehmke for Mr. Sotiris A.
Planzos, Esq. to appear pro hac vice (ch)
[Entry date 03/07/05]
3/4/05 46
Answer and affirmative defenses to complaint by Donald E.
Oehmke (ch) [Entry date 03/07/05]
3/4/05 47
ORDER granting [42-1] motion for David J. Levenson, Esq. to
appear pro hac vice ( Signed by Judge William J. Zloch on
3/4/05) [EOD Date: 3/7/05] (ch) [Entry date 03/07/05]
3/4/05 52
Transcript filed re: hearing held Monday, 2/28/05 @ 10:10
a.m. - 12:00 p.m. before Judge William J. Zloch Pages: 1-55
(ga) [Entry date 03/10/05]
3/7/05 48
Transcript filed re: Hearing held 2/23/05 before Judge
William J. Zloch Volume #: 1 Pages: 1 - 24 (ch)
[Entry date 03/08/05]
3/7/05 49
ORDER granting [45-1] motion for Mr. Sotiris A. Planzos,
Esq. to appear pro hac vice ( Signed by Judge William J.
Zloch on 3/7/05) [EOD Date: 3/8/05] (ch)
[Entry date 03/08/05]
3/8/05 50
MOTION by Donald E. Oehmke, Bryan Kos for leave to file
memorandum in excess of ten-page limit (ch)
[Entry date 03/09/05]
3/8/05 51
REPLY by Donald E. Oehmke, Bryan Kos to response to
statement relating to the authority of the Court to enter
an Asset Freeze (ch) [Entry date 03/09/05]
3/15/05 53
NOTICE to Court re status of deposit of foreign assets into
court registry by Donald E. Oehmke (ch)
[Entry date 03/16/05]
3/15/05 53
MOTION by Donald E. Oehmke to extend time to complete the
transfer of fund (ch) [Entry date 03/16/05]
3/16/05 56
Notice of compliance: by Bryan Kos with [41-1] order dated
3/1/05 (gp) [Entry date 03/18/05]
3/16/05 57
ORDER granting [53-1] motion to extend time to complete the
transfer of fund. The Defendant Oehmke shall have up to and
including 3/22/05 in which to deposit into the registry of
the Court all funds held outside the United States and
provide written notification to the SEC of the amounts
deposited in the Court's registry (Signed by Judge William
J. Zloch on 03/16/05) [EOD Date: 3/18/05] (gp)
[Entry date 03/18/05]
3/17/05 54
NOTICE of filing receipt of funds deposited into the
registry of the court in the amount of $340,000.00 by
Donald E. Oehmke (gz) [Entry date 03/18/05]
3/17/05 54
CLERK'S RECEIPT paid by Donald E. Oehmke . AMOUNT: $
340,000.00 RECEIPT # 230457 (gz) [Entry date 03/18/05]
3/17/05 55
NOTICE of filing receipt of funds deposited into the
registry of the court in the amount of $58,687.38 by
David J. Levenson (gz) [Entry date 03/18/05]
3/17/05 55
CLERK'S RECEIPT for funds deposited in the registry AMOUNT:
$ 58,687.38 RECEIPT # 230452 (gz) [Entry date 03/18/05]
3/22/05 58
NOTICE of filing return of service upon Thomas M. Heysek by
Securities Exchange (ss)
3/22/05 59
Notice of substantial compliance: by Donald E. Oehmke with
[41-1] order (ss) [Entry date 03/24/05]
3/25/05 60
MOTION by Donald E. Oehmke for a finding that Oehmke has
complied with paragraph six of the 3/1/05, Order, and for
release of funds for attorneys' fees (ss)
[Entry date 03/28/05]
4/1/05 61
NOTICE of Unavailability by Bryan Kos for dates of: 4/3/05
through 4/11/05 (gp)
4/5/05 62
MOTION by Securities Exchange for entry of Clerk's default
as to Vanderlip Holdings (ss)
4/5/05 63
MOTION by Securities Exchange for entry of Clerk's default
as to Barranquilla Holding (ss)
4/5/05 64
MOTION by Securities Exchange for entry of Clerk's default
as to Dasilva, SA (ss)
4/5/05 65
CLERK'S ENTRY OF DEFAULT as to Vanderlip Holdings, Dasilva,
SA, Barranquilla Holding granting [62-1] motion for entry
of Clerk's default as to Vanderlip Holdings, granting
[63-1] motion for entry of Clerk's default as to
Barranquilla Holding, granting [64-1] motion for entry of
Clerk's default as to Dasilva, SA (ss)
4/6/05 66
ORDER Denying [60-1] motion for a finding that Oehmke has
complied with paragraph six of the 3/1/05, Order, Denying
[60-2] motion for release of funds for attorneys' fees
(Signed by Judge William J. Zloch on 4/6/05) [EOD Date:
4/7/05] (ss) [Entry date 04/07/05]
4/6/05 67
ORDER Approving [65-1] clerk default; Plaintiff to file a
motion for final judgment by default by 4/25/05 (Signed by
Judge William J. Zloch on 4/6/05) [EOD Date: 4/7/05] (ss)
[Entry date 04/07/05]
4/7/05 68
NOTICE OF FILING CLERK'S RECEIPT for: funds deposited into
the Court's Registry; paid by Donald E. Oehmke. AMOUNT: $
4,900.00 RECEIPT # 230481 (bs) [Entry date 04/13/05]
4/7/05 69
NOTICE OF FILING CLERK'S RECEIPT for: funds deposited into
the Court's Registry paid by Donald E. Oehmke. AMOUNT: $
5,567.29 RECEIPT # 230482 (bs) [Entry date 04/13/05]
4/15/05 70
Notice of compliance: by Donald E. Oehmke with [41-1]
order (ch) [Entry date 04/18/05]
4/20/05 71
INITIAL Disclosure pursuant to Federal Rule of Civil
Procedure 26(a)(1) by Donald E. Oehmke (ch)
[Entry date 04/21/05]
4/21/05 72
NOTICE of filing Thomas Heysek's answer by Securities
Exchange (ch) [Entry date 04/25/05]
4/25/05 73
MOTION by Securities Exchange for default judgment of
disgorgement against Dasilva, SA, Vanderlip Holdings,
Barranquilla Holding (ch) [Entry date 04/26/05]
5/4/05 74
INITIAL Disclosures pursuant to F.R.Civ.P. 26(a)(1) by
Bryan Kos (ss)
5/4/05 75
REQUEST by Bryan Kos, Donald E. Oehmke that the Court
defer ruling on plaintiff's motion for entry of a default
judgment of disgorgement against relief defendants DaSilva,
SA, Vanderlip Holdings, NV, and Barranquilla Holdings, SA
pending response from defendants Kos and Oehmke to motion
for the entry of default judgment (ss) [Entry date 05/05/05]
5/10/05 76
NOTICE of Absence from Jurisdiction by Securities Exchange
for dates of: 5/26/05 through 5/30/05 (ss)
[Entry date 05/11/05]
5/16/05 77
MOTION with memorandum in support by Donald E. Oehmke,
Bryan Kos for denial of [73-1] motion for entry of a
default judgment of disgorgement against relief defendants
(ss) [Entry date 05/17/05]
5/18/05 78
NOTICE of Absence from Jurisdiction by Donald E. Oehmke for
dates of: 6/16/05 and 6/17/05 (gp) [Entry date 05/23/05]
5/19/05 80
AMENDED ANSWER to Complaint by Thomas M. Heysek (gp)
[Entry date 05/24/05]
5/23/05 79
REPLY by Securities Exchange in support of [73-1] motion
for default judgment of disgorgement against Dasilva, SA,
Vanderlip Holdings, Barranquilla Holding (gz)
[Entry date 05/24/05]
5/31/05 81
JOINT Scheduling Report of Scheduling Meeting by Securities
Exchange, Hartley Lord, Concorde America, Donald E. Oehmke,
Bryan Kos, Andrew M. Kline, Paul A. Spreadbury, Thomas M.
Heysek (ss) [Entry date 06/01/05]
6/2/05 82
MOTION by Donald E. Oehmke, Bryan Kos (Attorney ) for
leave to file a reply to motion for entry of default
judgemnt of disgorgement against relief defendants Dasliva,
SA, Vanderlip Holdings, NV and Barranquilla Holdings, SA (gz)
6/2/05 83
RESPONSE by Donald E. Oehmke, Bryan Kos in opposition to
[79-1] reply in support of motion for entry of default
judgment of disgorgement against relief defendants Dasilva
SA, Vanderlip Holdings NV, and Barranquilla Holdings SA (gz)
6/6/05 84
NOTICE OF FILING attached RETURN OF SERVICE executed for
Ryzcek Investments, Chiang Ze Capital on 5/20/05 Answer due
on 6/9/05 for Ryzcek Investments, for Chiang Ze Capital by
serving Sterling Trust Ltd., Registered Agent (gp)
6/13/05 85
ANSWER to Complaint by Thomas M. Heysek (gz)
[Entry date 06/14/05]
7/1/05 86
NOTICE of Unavailability by Donald E. Oehmke for dates of:
7/11/05 through 7/12/05 (gz) [Entry date 07/05/05]
7/28/05 87
NOTICE of Unavailability by Securities Exchange for dates
of: 8/26/05 through 9/2/05 (gz)
7/29/05 88
MOTION by Donald E. Oehmke for leave to file memorandum in
excess of 20 page limit (gz) [Entry date 08/01/05]
7/29/05 89
MOTION with memorandum in support by Donald E. Oehmke to
vacate [41-1] freeze order (gz) [Entry date 08/01/05]
8/3/05 90
NOTICE of Unavailability by Donald E. Oehmke for dates of:
9/14/05 through 9/23/05 (gz) [Entry date 08/04/05]
8/5/05 91
ORDER granting [43-1] motion for leave to file memorandum
in excess of twenty-page limit; granting [50-1] motion for
leave to file memorandum in excess of ten-page limit
reset motion for preliminary injucntion filing deadline for
8/22/05 ( Signed by Judge William J. Zloch on 8/5/05) [EOD
Date: 8/8/05] (gz) [Entry date 08/08/05]
8/12/05 92
JOINT MOTION by Donald E. Oehmke, Securities Exchange to
defer rulin gon defendant Donadl E. Oehmke's motion to
vacate asset freeze order (gz)
8/15/05 93
ORDER granting [92-1] joint motion to defer ruling on
defendant Donadl E. Oehmke's motion to vacate asset freeze
order ( Signed by Judge William J. Zloch on 8/15/05) [EOD
Date: 8/16/05] (gz) [Entry date 08/16/05]
8/18/05 94
Emergency MOTION by Securities Exchange to extend time to
file motion for preliminary injunction (gz)
[Entry date 08/19/05]
8/18/05 95
RESPONSE by Donald E. Oehmke to [94-1] motion to extend
time to file motion for preliminary injunction (gz)
[Entry date 08/19/05]
8/22/05 96
MOTION by Securities Exchange for leave to file memorandum
in support of motion for preliminary injunction in excess
of 20 page limit (gz) [Entry date 08/23/05]
8/22/05 97
MOTION with memorandum of law in support by Securities
Exchange for preliminary injunction ordering an asset
freeze and other relief (attachment volume 6 of 6) (gz)
[Entry date 08/23/05]
8/31/05 98
ORDER denying as moot [94-1] motion to extend time to file
motion for preliminary injunction ( Signed by Judge William
J. Zloch on 8/31/05) [EOD Date: 9/1/05] (gz)
[Entry date 09/01/05]
9/1/05 99
RESPONSE in opposition by Bryan Kos to [96-1] motion for
leave to file memorandum in support of motion for
preliminary injunction in excess of 20 page limit (gz)
9/2/05 100
RESPONSE in support by Securities Exchange to [96-1]
motion for leave to file memorandum in support of motion for
preliminary injunction in excess of 20 page limit (gz)
[Edit date 09/06/05]
9/2/05 101
MOTION by Bryan Kos to stay his response to plaintiff's
8/22/05 motion and memorandum of law in support of
preliminary injunction ordering an asset freeze and other
relief (gz)
9/2/05 102
Unopposed MOTION by Donald E. Oehmke (Attorney ) to extend
time to respond to SEC's motion and memorandum of law in
support of preliminary injunction ordering an asset freeze
and otehr relief (gz) [Entry date 09/06/05]
9/2/05 103
MOTION by Bryan Kos (Attorney ) to stay his response time
to plaintiff's 8/22/05 motion and memorandum of law in
support of preliminary injunction ordering an asset freeze
and other relief (corrected) (gz) [Entry date 09/06/05]
9/6/05 104
RESPONSE by Securities Exchange to [103-1] motion to stay
his response time to plaintiff's 8/22/05 motion and
memorandum of law in support of preliminary injunction
ordering an asset freeze and other relief (gz)
[Entry date 09/07/05]
9/7/05 105
ORDER granting [102-1] motion to extend time to respond to
SEC's motion and memorandum of law in support of
preliminary injunction ordering an asset freeze and otehr
relief up to and including 9/12/05 ( Signed by Judge
William J. Zloch on 9/7/05) [EOD Date: 9/8/05] (gz)
[Entry date 09/08/05]
9/7/05 106
ORDER granting [101-1] motion to stay his response to
plaintiff's 8/22/05 motion and memorandum of law in support
of preliminary injunction ordering an asset freeze and
other relief granting [103-1] motion to stay his response
time to plaintiff's 8/22/05 motion and memorandum of law in
support of preliminary injunction ordering an asset freeze
and other relief Response to motion reset to 9/12/05 for
[97-1] motion for preliminary injunction ordering an asset
freeze and other relief ( Signed by Judge William J. Zloch
on 9/7/05) [EOD Date: 9/8/05] (gz) [Entry date 09/08/05]
9/12/05 107
MOTION by Securities Exchange (Attorney ) for entry of
clerk's default as to Ryzcek Investments (gz)
9/12/05 109
MOTION by Securities Exchange (Attorney ) for entry of
clerks default as to Chiang Ze Capital (gz)
9/12/05 108
CLERK'S ENTRY OF DEFAULT as to Ryzcek Investments granting
[107-1] motion for entry of clerk's default as to Ryzcek
Investments (gz)
9/12/05 110
CLERK'S ENTRY OF DEFAULT as to Chiang Ze Capital granting
[109-1] motion for entry of clerks default as to Chiang Ze
Capital (gz)
9/12/05 111
OPPOSITION by Bryan Kos to [97-1] motion for preliminary
injunction ordering an asset freeze and other relief (ss)
[Entry date 09/13/05]
9/12/05 112
MOTION by Donald E. Oehmke for leave to file memorandum in
excess of twenty-page limit (ss) [Entry date 09/13/05]
9/12/05 113
RESPONSE by Donald E. Oehmke to [97-1] motion for
preliminary injunction ordering an asset freeze and other
relief (ss) [Entry date 09/13/05]
9/13/05 114
OPPOSITION by Bryan Kos to [97-1] motion for preliminary
injunction ordering an asset freeze and other relief
(Corrected) (ss)
9/19/05 115
RESPONSE by Securities Exchange to [114-1] OPPOSITION by
Bryan Kos to [97-1] motion for preliminary injunction
ordering an asset freeze and other relief (gz)
[Entry date 09/21/05]
9/19/05 116
Unopposed MOTION by Securities Exchange (Attorney ) to
extend time to file reply to defendant Donald E. Oehmke's
response to plaintiff's motion for preliminary injunction
and other relief (gz) [Entry date 09/21/05]
9/23/05 117
REPLY by Securities Exchange to response to [97-1] motion
for preliminary injunction ordering an asset freeze and
other relief against defendant Donald Oehmke (gz)
9/23/05 118
ORDER granting [116-1] motion to extend time to file reply
to defendant Donald E. Oehmke's response to plaintiff's
motion for preliminary injunction and other relief up to
and including 9/26/05 ( Signed by Judge William J. Zloch on
9/23/05) [EOD Date: 9/26/05] (gz) [Entry date 09/26/05]
9/26/05 119
MOTION by Bryan Kos (Attorney ) to strike [117-1] REPLY
by Securities Exchange to response to [97-1] motion for
preliminary injunction ordering an asset freeze and other
relief against defendant Donald Oehmke (gz)
9/28/05 120
RESPONSE by Securities Exchange to [119-1] motion to
strike [117-1] REPLY by Securities Exchange to response
to [97-1] motion for preliminary injunction ordering an
asset freeze and other relief against defendant Donald
Oehmke (gz)
9/29/05 121
MOTION by Donald E. Oehmke (Attorney ) to strike [117-1]
porition of REPLY by Securities Exchange to response to
[97-1] motion for preliminary injunction ordering an
asset freeze and other relief against defendant Donald
Oehmke (gz) [Entry date 09/30/05]
9/30/05 123
MOTION by Donald E. Oehmke (Attorney ) for leave to file a
surreply to plaintiff's SEC reply to defendant's response
to motion for preliminary injunction (gz)
[Entry date 10/04/05]
10/3/05 122
NOTICE of substitution of counsel by Securities Exchange as
to Alise M. Johnson and Robert K. Levenson substituting for
Linda S. Schmidt (gz)
10/6/05 124
RESPONSE by Securities Exchange to [121-1] motion to
strike [117-1] porition of REPLY by Securities Exchange to
response to [97-1] motion for preliminary injunction
ordering an asset freeze and other relief against
defendant Donald Oehmke (cj)
10/12/05 125
REPLY by Donald E. Oehmke to response to [121-1] motion to
strike [117-1] porition of REPLY by Securities Exchange to
response to [97-1] motion for preliminary injunction
ordering an asset freeze and other relief against
defendant Donald Oehmke (gz) [Entry date 10/13/05]
10/12/05 125
AND MOTION by Donald E. Oehmke for leave to file
surreply (gz) [Entry date 10/13/05]
10/19/05 126
NOTICE of Unavailability by Bryan Kos for dates of:
11/6/05 through 11/25/05 (gz) [Entry date 10/21/05]
11/3/05 127
ORDER Setting Evidentiary hearing Motion hearing before
Judge William J. Zloch set for 10:00 11/16/05 for [97-1]
motion for preliminary injunction ordering an asset freeze
and other relief ( Signed by Judge William J. Zloch on
11/03/05) [EOD Date: 11/8/05] (gz) [Entry date 11/08/05]
11/10/05 128
Unopposed Emergency MOTION by Bryan Kos (Attorney Jonathan
Seth Robbins) to continue hearing on SEC's motion and
memorandum of law in support of preliminary injunction
ordering an asset freeze and other relief (gz)
[Entry date 11/14/05]
11/15/05 129
ORDER granting [128-1] motion to continue hearing on SEC's
motion and memorandum of law in support of preliminary
injunction ordering an asset freeze and other relief
Evidentiary/Motion hearing before Judge William J. Zloch
set for 10:00 for [97-1] motion for preliminary injunction
ordering an asset freeze and other relief ( Signed by
Judge William J. Zloch on 11/15/05) [EOD Date: 11/16/05] (gz)
[Entry date 11/16/05]
11/17/05 130
MOTION with memorandum in support by Securities Exchange
to compel production of documents in compliance with
non-party subpoena (ss)
12/1/05 131
NOTICE of filing supplemental declaration of Tonya Tullis
by Securities Exchange in support of its [97-1] motion for
preliminary injunction (ss) [Entry date 12/02/05]
12/2/05 132
NOTICE of filing consents of Bryan Kos and Donald Oehmke to
preliminary injunction freezing assets and granting other
relief by Securities Exchange (ss) [Entry date 12/05/05]
12/6/05 133
ORDER granting [97-1] motion for preliminary injunction
ordering an asset freeze and other relief {see order for
details} ( Signed by Judge William J. Zloch on 12/6/05)
[EOD Date: 12/6/05] (gz)
12/7/05 134
Unopposed MOTION by Securities Exchange to amend [133-1]
order/preliminary injunctioni as to defendant Bryan Kos (gz)
12/8/05 135
NOTICE of filing by Securities Exchange consents of
defendants Concorde America and Hartley Lord to judgments
of permanent injunction and other relief (gz)
12/8/05 136
Answer and affirmative defenses by Andrew M. Kline (bb)
[Entry date 12/09/05]
12/13/05 137
NOTICE of filing by Securities Exchange original consents
of defendant Bryan Kos and Donald Oehmke to preliminary
injunction freezing assets and granting other relief (gz)
12/13/05 138
NOTICE of filing by Securities Exchange original consents
of defendants Concorde America, Inc. and Hartley Lord (gz)
12/13/05 139
ORDER denying without prejudice [73-1] motion for default
judgment of disgorgement against Dasilva, SA, Vanderlip
Holdings, Barranquilla Holding ( Signed by Judge William J.
Zloch on 12/13/05) [EOD Date: 12/15/05] (gz)
[Entry date 12/15/05]
12/13/05 140
OMNIBUS ORDER denying as moot [75-1] motion that the Court
defer ruling on plaintiff's motion for entry of a default
judgment of disgorgement against relief defendants DaSilva,
SA, Vanderlip Holdings, NV, and Barranquilla Holdings, SA
pending response from defendants Kos and Oehmke to motion
for the entry of default judgment; denying as moot [77-1]
motion for denial of [73-1] motion for entry of a default
judgment of disgorgement against relief defendants; denying
as moot [82-1] motion for leave to file a reply to motion
for entry of default judgemnt of disgorgement against
relief defendants Dasliva, SA, Vanderlip Holdings, NV and
Barranquilla Holdings, SA; denying as moot [88-1] motion
for leave to file memorandum in excess of 20 page limit;
denying as moot [89-1] motion to vacate [41-1] freeze order;
denying as moot [112-1] motion for leave to file
memorandum in excess of twenty-page limit ( Signed by Judge
William J. Zloch on 12/13/05) [EOD Date: 12/15/05] (gz)
[Entry date 12/15/05]
12/13/05 140
OMNIBUS ORDER denying as moot [121-1] motion to strike
[117-1] porition of REPLY by Securities Exchange to
response to [97-1] motion for preliminary injunction
ordering an asset freeze and other relief against defendant
Donald Oehmke; denying as moot [123-1] motion for leave to
file a surreply to plaintiff's SEC reply to defendant's
response to motion for preliminary injunction; denying as
moot [125-1] motion for leave to file surreply; denying as
moot [119-1] motion to strike [117-1] REPLY by Securities
Exchange to response to [97-1] motion for preliminary
injunction ordering an asset freeze and other relief
against defendant Donald Oehmke; denying as moot [96-1]
motion for leave to file memorandum in support of motion
for preliminary injunction in excess of 20 page limit (
Signed by Judge William J. Zloch on 12/13/05) [EOD Date:
12/15/05] (gz) [Entry date 12/15/05]
12/13/05 141
ORDER granting [134-1] motion to amend [133-1]
order/preliminary injunctioni as to defendant Bryan Kos.
The clerk of the Court be and the same is hereby DIRECTED
to remit to the law firm of Akerman Senterfitt the sum of
Seven Thousand Five hundred dollars ($7,500.00) from money
Kos previously paid into the Registry of the Court in the
above-styled cause. **Please see order for further details.
(Signed by Judge William J. Zloch on 12/13/05) [EOD Date:
12/15/05] (gp) [Entry date 12/15/05]
12/20/05 142
ORDER vacating [141-1] ORDER granting [134-1] motion to
amend [133-1] order/preliminary injunction ( Signed by
Judge William J. Zloch on 12/20/05) [EOD Date: 12/22/05] (gz)
[Entry date 12/22/05]
12/20/05 143
ORDER granting [134-1] motion to amend [133-1]
order/preliminary injunction as to defendant Bryan Kos {see
order for details} ( Signed by Judge William J. Zloch on
12/20/05) [EOD Date: 12/22/05] (gz) [Entry date 12/22/05]
12/22/05 144
NOTICE of Ripeness of Motion to Compel Production of
Documents in Compliance with Non-Party Subpoena and Filing
of Proposed Order by Securities Exchange (gp)
[Entry date 12/23/05]
3/10/06 145
NOTICE of Unavailability by attorney for Securities
Exchange for dates of: 7/17/06 through 7/28/06 (pa)