To: scion who wrote (2182 ) 10/17/2008 9:13:05 AM From: scion Respond to of 2347 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 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] SEC v. Universal Express, Inc. Docket No. [s] : 07-2407-cv Docket as of October 16, 2008 1:41 am ---------------------- Second Circuit Court of Appeals - Docket as of October 16, 2008 Second Circuit Court of Appeals Court of Appeals Docket #: 08-2283-cv U.S. Securities and Exchange Commission v. Universal Express, Inc. Filed 5/7/08 10/14/08 Appellant Richard Altomare notice of compliance regarding Appellant's motion to dismiss appeal filed with proof of service. [Entry date Oct 14 2008 ][JR] 10/14/08 Appellant Richard Altomare motion to voluntarily dismiss the appeal filed with proof of service. Entry date Oct 14 2008] [JR] Second Circuit Court of Appeals Court of Appeals Docket #: 08-2283-cv Nsuit : 1850 STATUTES-Secur Comm Exchange U.S. Securities and Exchange Commission v. Filed 5/7/08 Universal Express, Inc.