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To: scion who wrote (2181)	10/17/2008 8:49:29 AM
From: scion	Read Replies (1) \| Respond to of 2347

Pacer update Court of Appeals Case 07-2407-cv Docket as of October 16, 2008 Nsuit : 1850 STATUTES-Secur Comm Exchange SEC v. Universal Express, Inc. Docket No. [s] : 07-2407 -cv U.S. Securities and Exchange Commission, Plaintiff-Appellee, v. Richard A. Altomare, Chris G. Gunderson, Defendants-Appellants, Universal Express, Inc. Mark S. Neuhaus, George J. Sandhu, Spiga, Ltd., Tarun Mendiratta, Defendants. -------------------------------------- Pursuant to Order, dated 11/20/07, which granted Universal Express Inc`s motion for voluntary dismissal of appeal, Universal Express Inc. is no longer an appellant. Authorized Abbreviated Caption 2/ -------------------------------------- Docket No. [s] : 07-2407 -cv SEC v. Universal Express, Inc. -------------------------------------- [...] 8/21/08 CORRECTED Tandem Order filed. Appellant, through counsel, moves for a stay of an order of incarceration for civil contempt pending either a remand for further evidentiary hearings or appeal. Upon due consideration, it is hereby ORDERED that the motion is DENIED. The Appellant has not made an adequate showing of a substantial likelihood of success on the merits. See Mohammed v. Reno, 309 F. 3d 95, 100-01 (2d Cir. 2002). Appellant`s consolidated appeals docketed under 08-2283-cv (L) and 08-2284-cv (Con) shall be heard in tandem with his appeal docketed under 07-2407-cv. The case is referred to Staff Counsel to set an expedited briefing schedule for 08-2283-cv (L) and 08-2284-cv (Con). Before: RKW RJM & JAC, CJJ. (FP) [Entry date Aug 21 2008 ] [JR] 8/21/08 Notice to counsel regarding Corrected Tandem Order filed on 8/21/08. [Entry date Aug 21 2008 ] [JR] 10/3/08 Court`s request for the pdf (e-document) version of Arthur Tifford document, sent. [Entry date Oct 3 2008 ] [EM] 10/7/08 Appellant Richard Altomare, Appellant Chris Gunderson motion file final joint brief out of time filed with proof of service. [Entry date Oct 7 2008 ] [WD] 10/8/08 Joint Brief for DEFENDANTS-APPELLANTS Richard A. Altomare and Chris Gunderson FILED with proof of service. [Entry date Oct 9 2008 ] [AV] 10/8/08 Order FILED GRANTING motion for filing of Docket as of October 16, 2008 1:41 am Page 10 INDIV OPEN final joint brief of appellants out of time by Appellant Richard Altomare, Appellant Chris Gunderson, endorsed on motion dated 10/7/2008. [Entry date Oct 9 2008 ] [AV] 10/9/08 Notice to counsel re: Order granting motion for filing of final joint brief of appellants out of time. [Entry date Oct 9 2008 ] [AV] 10/15/08 Case heard before: LEVAL, KATZMANN, LIVINGSTON, C.JJ. CD dated: 10/15/08 [Entry date Oct 15 2008 ] [AG] Docket as of October 16, 2008 1:41 am Page 11