Pacer update 02 Nov 11 - SEC v Spongetech CIVIL DOCKET FOR CASE #: 1:10-cv-02031-DLI -JMA
ecf.nyed.uscourts.gov
Date Filed # Docket Text
11/02/2011 ORDER ADOPTING REPORT AND RECOMMENDATIONS ; granting 140 Motion for Default Judgment; adopting Report and Recommendations as to 178 Report and Recommendations - No objections were filed to the Report and Recommendation ("R & R") issued on September 22, 2011 by the Hon. Joan M. Azrack, U.S.M.J., and, upon due consideration, the R & R is hereby ADOPTED in its entirety. Accordingly, plaintiff's motion for default judgment against RM Enterprises and George Speranza is hereby GRANTED. It is further hereby ORDERED that: (1) default judgments as to liability against defendants RM Enterprises and Speranza shall be entered by the Clerk of the Court; (2) defendant Speranza is barred from engaging in any transactions or advertisements concerning penny stocks; (3) permanent injunction against both defendants shall be issued in a form to be proposed by the SEC; (4) plaintiff is awarded damages totaling $135,883.40 against Speranza; and (5) the calculation of damages against RM Enterprises is deferred until the claims against the remaining non-defaulting defendants have been resolved. NO LATER THAN NOVEMBER 16, 2011, THE SEC SHALL PROVIDE THE COURT WITH PROPOSED PERMANENT INJUNCTIONS AGAINST DEFENDANTS SPERANZA AND RM ENTERPRISES AS WELL AS ANY PROPOSED ORDER PROHIBITING SPERANZA FROM ENGAGING IN ANY ACTIVITIES CONCERNING PENNY STOCKS. The SEC is further directed to serve a copy of this Electronic Order on RM Enterprises and Speranza within five (5) days of the issuance of this Order and immediately thereafter electronically file proof of such service with the court. SO ORDERED by Judge Dora Lizette Irizarry on 11/2/2011. (Irizarry, Dora) (Entered: 11/02/2011)
11/02/2011 ORDER re DEFENDANT MOSKOWITZ' LIVING EXPENSES 185 Letter filed by Steven Moskowitz, 184 Letter filed by U.S. Securities & Exchange Commission -- The monthly allowance/budget for defendant Moskowitz' living expenses proposed by the SEC and consented to by defendant is hereby APPROVED. Accordingly, defendant's total monthly allowance will be $5,072, which consists of $2272 mortgage and real estate taxes and $2800 for household, utilities and living expenses. SO ORDERED by Judge Dora Lizette Irizarry on 11/2/2011. (Irizarry, Dora) (Entered: 11/02/2011)
11/02/2011 189 ORDER GRANTING REQUEST FOR EXTENSION OF ORDER GRANTING PARTIAL LIFT OF ASSET FREEZE AS TO DEFENDANT METTER ONLY re 188 Letter filed by Michael Metter, 186 Affidavit, filed by Michael Metter - The request for an extension of the order partially lifting the asset freeze as to Defendant Metter ONLY is granted as per the ATTACHED WRITTEN ORDER. Any extension of this Order must be requested by SEPARATE MOTION on or before December 2, 2011. Moreover, defense counsel is directed to use the language of the Attached Written Order as a template for any proposed order so that the modifications made by the court are included. The court notes that the SEC had no objection to the request. This Order is effective nunc pro tunc to October 14, 2011. SO ORDERED by Judge Dora Lizette Irizarry on 11/2/2011. (Irizarry, Dora) (Entered: 11/02/2011)
Defendant
Spongetech Delivery Systems, Inc.
Defendant
RM Enterprises International, Inc.
Defendant
Steven Moskowitz
Defendant
George Sperenza
Defendant
Joel Pensley
Defendant
Jack Halperin
Defendant
Michael Metter
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