Securities and Exchange Commission v. Garza et al

Connecticut District Court
Judge:Jeffrey A Meyer
Case #: 3:15-cv-01760
Nature of Suit850 Other Statutes - Securities/Commodities/Exchange
Cause15:78m(a) Securities Exchange Act
Case Filed:Dec 01, 2015
Terminated:Oct 04, 2017
Last checked: Sunday May 29, 2016 4:20 AM EDT
Defendant
GAW Miners, LLC
Defendant
Homero Joshua Garza
Represented By
Marjorie J. Peerce
Ballard Spahr, Llp- Nyc
contact info
Michael Grudberg
Ballard Spahr LLP
contact info
Defendant
Zenminer, LLC
Plaintiff
Securities and Exchange Commission
Represented By
John B. Hughes
U.S. Attorney'S Office-Nh
contact info
Kathleen Burdette Shields
U. S. Securities And Exchange Comm. Bos
contact info


Docket last updated: 5 hours ago
Wednesday, October 04, 2017
45 45 7 pgs order Order on Motion for Settlement Wed 10/04 3:26 PM
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.)
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notice Judicial Evaluation Program Survey Wed 10/04 4:39 PM
JUDICIAL PROCEEDINGS SURVEY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Gutierrez, Y.)
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Tuesday, October 03, 2017
44 44 2 pgs motion Settlement Tue 10/03 4:01 PM
Joint MOTION for Settlement Approval as to Defendant Garza by Securities and Exchange Commission.(Shields, Kathleen)
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Att: 1 Text of Proposed Order Proposed Final Judgment,
Att: 2 6 pgs Consent
Monday, July 17, 2017
42 42 2 pgs notice Notice of Appearance Mon 07/17 9:01 AM
NOTICE of Appearance by Gretchen Ann Lundgren on behalf of Securities and Exchange Commission (Lundgren, Gretchen)
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Friday, July 14, 2017
43 43 minutes Status Conference Mon 07/17 4:44 PM
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.)
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Wednesday, May 31, 2017
41 41 6 pgs order Judgment - Default Fri 06/02 6:36 PM
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.)
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Tuesday, May 30, 2017
40 40 2 pgs motion Judgment Tue 05/30 12:00 PM
MOTION for Judgment Clarifying Final Judgment as to Gaw Miners and ZenMiner by Securities and Exchange Commission.Responses due by 6/20/2017(Shields, Kathleen)
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Att: 1 Text of Proposed Order Proposed Final Judgment
Monday, May 29, 2017
39 39 3 pgs order Order on Motion for Default Judgment Mon 05/29 3:11 PM
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)
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Monday, March 27, 2017
38 38 order Scheduling Order Mon 03/27 11:07 AM
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)
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Friday, March 24, 2017
37 37 misc Report of Rule 26(f) Planning Meeting Fri 03/24 1:36 PM
REPORT of Rule 26(f) Planning Meeting. (Shields, Kathleen)
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Tuesday, February 07, 2017
36 36 answer Answer to Complaint Tue 02/07 2:13 PM
ANSWER to1 Complaint by Homero Joshua Garza.(Peerce, Marjorie)
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Tuesday, January 24, 2017
35 35 order Order on Sealed Motion Tue 01/24 12:28 PM
ORDER granting33 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.)
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34 34 order Order on Sealed Motion Tue 01/24 12:25 PM
ORDER granting32 Sealed Motion to Request An Extension of Stay. Signed by Judge Jeffrey A. Meyer on 1/24/2017. (Gutierrez, Y.)
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Monday, January 23, 2017
33 33 motion Sealed Motion Mon 01/23 2:40 PM
SEALED MOTION to Seal Motion to Request an Extension of Stay by Homero Joshua Garza. (Peerce, Marjorie)
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32 32 motion Sealed Motion Mon 01/23 2:37 PM
SEALED MOTION to Request An Extension of Stay by Homero Joshua Garza. (Peerce, Marjorie)
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Monday, November 28, 2016
31 31 order Order on Sealed Motion Mon 11/28 4:09 PM
ORDER granting28 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.)
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30 30 order Order on Sealed Motion Mon 11/28 3:18 PM
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.)
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utility Case Stayed Mon 11/28 4:09 PM
Case Stayed (Gutierrez, Y.)
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Tuesday, November 22, 2016
29 29 motion Sealed Motion Tue 11/22 12:58 PM
SEALED MOTION to Seal Motion to Request an Extension of Stay for an Additional 60 days by Homero Joshua Garza. (Peerce, Marjorie)
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28 28 motion Sealed Motion Tue 11/22 12:54 PM
SEALED MOTION to Request an Extension of Stay for an Additional 60 days by Homero Joshua Garza. (Peerce, Marjorie)
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Wednesday, October 26, 2016
27 27 order Order Wed 10/26 12:38 PM
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)
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utility Case Stayed Thu 10/27 9:27 AM
Case Stayed for 30 days. (Gutierrez, Y.)
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Tuesday, April 26, 2016
order ~Util - Set/Clear Flags Tue 04/26 3:50 PM
ORDER. Pursuant to the Court's telephone conference with counsel, the Court hereby STAYS this litigation for a period of six months. It is so ordered. Signed by Judge Jeffrey A. Meyer on 4/26/2016.(Oakes, A.)
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Monday, April 11, 2016
26 26 notice Notice of Appearance Mon 04/11 3:51 PM
NOTICE of Appearance by Marjorie J. Peerce on behalf of Homero Joshua Garza (Peerce, Marjorie)
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25 25 misc Certificate of Good Standing Mon 04/11 11:40 AM
CERTIFICATE OF GOOD STANDING re18 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)
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utility Set Deadlines/Hearings Tue 04/12 4:07 PM
Set Deadlines: Rule 26 Meeting Report due by 5/26/2016. (Gutierrez, Y.)
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Tuesday, April 05, 2016
24 24 order Order on Sealed Motion Order on Motion to Seal Tue 04/05 3:29 PM
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.)
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utility Update Answer Deadline Tue 04/05 3:31 PM
Answer deadline updated for Homero Joshua Garza to 5/2/2016. (Gutierrez, Y.)
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Tuesday, March 29, 2016
23 23 misc Sealed Document Tue 03/29 11:55 AM
Sealed Document: by Securities and Exchange Commission Sealed Opposition to Extend Time to Respond to Complaint . (Shields, Kathleen)
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22 22 motion Seal Tue 03/29 11:51 AM
MOTION to Seal opposition to extend time to respond to complaint by Securities and Exchange Commission. (Shields, Kathleen)
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Monday, March 28, 2016
21 21 order Order on Motion for Admission Pro Hac Vice Mon 03/28 8:31 AM
ORDER granting18 Motion to Appear Pro Hac Vice Certificate of Good Standing due by 5/27/2016. Signed by Clerk on 3/28/2016. (Caffrey, A.)
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Friday, March 25, 2016
20 20 motion Sealed Motion Fri 03/25 1:51 PM
SEALED MOTION to Seal Motion to Extend Time to Respond to Complaint by Homero Joshua Garza. (Grudberg, Michael)
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19 19 motion Sealed Motion Fri 03/25 1:40 PM
SEALED MOTION to Extend Time to Respond to Complaint by Homero Joshua Garza. (Grudberg, Michael)
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18 18 motion Admission Pro Hac Vice Fri 03/25 11:27 AM
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.(Grudberg, Michael)
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Att: 1 Affidavit of Marjorie J. Peerce
Friday, February 26, 2016
utility Update Answer Deadline Fri 02/26 11:09 AM
Answer deadline updated for Homero Joshua Garza to 4/1/2016. (Gutierrez, Y.)
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Wednesday, February 24, 2016
17 17 order Order on Motion for Extension of Time Wed 02/24 6:00 PM
ORDER granting16 Motion for Extension of Time. Signed by Judge Jeffrey A. Meyer on 2/24/2016. (Oakes, A.)
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16 16 motion Extension of Time Wed 02/24 3:29 PM
Consent MOTION for Extension of Time until April 1, 2016 to Answer1 Complaint by Homero Joshua Garza. (Grudberg, Michael)
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Friday, February 12, 2016
15 15 motion Default Judgment Fri 02/12 10:11 AM
MOTION for Default Judgment against GAW Miners LLC and ZenMiner LLC by Securities and Exchange Commission.(Shields, Kathleen)
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Att: 1 30 pgs Memorandum in Support,
Att: 2 Text of Proposed Order,
Att: 3 Affidavit of Trevor Donelan,
Att: 4 Exhibit to Donelan Declaration
Friday, January 29, 2016
14 14 order Order on Motion for Extension of Time Fri 01/29 1:01 PM
ORDER granting12 Motion for Extension of Time until March 2, 2016 to Answer1 Complaint. Signed by Judge Jeffrey A. Meyer on 1/29/2016. (Gutierrez, Y.)
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utility Update Answer Deadline Fri 01/29 1:02 PM
Answer deadline updated for Homero Joshua Garza to 3/2/2016. (Gutierrez, Y.)
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Wednesday, January 27, 2016
13 13 order Order on Motion for Default Entry 55(a) Wed 01/27 3:06 PM
ORDER granting10 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.)
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12 12 motion Extension of Time Wed 01/27 11:56 AM
Consent MOTION for Extension of Time until March 2, 2016 to Answer1 Complaint by Homero Joshua Garza. (Grudberg, Michael)
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11 11 notice Notice of Appearance Wed 01/27 11:44 AM
NOTICE of Appearance by Michael Grudberg on behalf of Homero Joshua Garza (Grudberg, Michael)
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Wednesday, January 06, 2016
10 10 motion Default Entry 55(a) Wed 01/06 2:55 PM
MOTION for Default Entry 55(a) against GAW Miners and ZenMiner by Securities and Exchange Commission.(Shields, Kathleen)
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Att: 1 Affidavit of Kathleen Shields
Monday, January 04, 2016
9 9 service Waiver of Service Executed Mon 01/04 10:28 AM
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)
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Wednesday, December 09, 2015
8 8 service Summons Returned Executed Wed 12/09 11:57 AM
SUMMONS Returned Executed by Securities and Exchange Commission. GAW Miners, LLC served on 12/4/2015, answer due 12/25/2015. (Shields, Kathleen)
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7 7 service Summons Returned Executed Wed 12/09 11:56 AM
SUMMONS Returned Executed by Securities and Exchange Commission. Zenminer, LLC served on 12/4/2015, answer due 12/25/2015. (Shields, Kathleen)
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Wednesday, December 02, 2015
6 6 service Electronic Summons Issued Wed 12/02 8:39 AM
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)
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5 5 order Electronic Service Documents Wed 12/02 8:37 AM
NOTICE TO COUNSEL: Counsel initiating or removing this action is responsible for serving all parties with attached documents and copies of1 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)
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service Request to Issue Summons Wed 12/02 8:19 AM
Request for Clerk to issue summons as to GAW Miners, LLC. (Shields, Kathleen)
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service Request to Issue Summons Wed 12/02 8:20 AM
Request for Clerk to issue summons as to Zenminer, LLC. (Shields, Kathleen)
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Tuesday, December 01, 2015
4 4 6 pgs order Protective Order Wed 12/02 8:36 AM
STANDING PROTECTIVE ORDER Signed by Judge Jeffrey A. Meyer on 12/1/2015.(Nuzzi, T)
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3 3 order Electronic Filing Order Wed 12/02 8:36 AM
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)
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2 2 order Order on Pretrial Deadlines Wed 12/02 8:35 AM
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)
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1 1 23 pgs cmp Complaint Tue 12/01 11:08 AM
COMPLAINT against GAW Miners LLC, Homero Joshua Garza, Zenminer LLC (d/b/a Zen Cloud), filed by Securities and Exchange Commission.(Shields, Kathleen)
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Att: 1 Civill Cover Sheet
utility Add and Terminate Judges Tue 12/01 4:32 PM
Judge Jeffrey A. Meyer added. (Campbell, A)
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