United States Securities and Exchange Commission v. Drive Planning, LLC et al (1:24-cv-03583), Georgia Northern District Court

United States Securities and Exchange Commission v. Drive Planning, LLC et al

Georgia Northern District Court
Judge:	Victoria M Calvert
Case #:	1:24-cv-03583
Nature of Suit	850 Other Statutes - Securities/Commodities/Exchange
Cause	15:77 Securities Fraud

Case Filed:

Aug 13, 2024

Docket
Parties (9)

Last checked: Wednesday Aug 14, 2024 1:13 AM EDT

Defendant Jacqueline Burkhalter
Defendant Russell Todd Burkhalter
Defendant Drive Gulfport Properties LLC
Defendant Drive Planning, LLC
Defendant Drive Properties, LLC
Defendant TBR Supply House, Inc.
Defendant The Burkhalter Ranch Corporation
Plaintiff United States Securities and Exchange Commission	Represented By Pat Huddleston, II U.S. Securities & Exchange Commission-Ga contact info Madison Graham Loomis U.S. Securities & Exchange Commission-Ga contact info Harry B. Roback U.S. Securities & Exchange Commission-Ga contact info
Receiver Kenneth Murena

Docket last updated: 39 minutes ago

Friday, September 06, 2024
42		42 2 pgs order Order on Motion for Miscellaneous Relief Fri 09/06 2:08 PM ORDER granting41 Unopposed Motion for Authorization to Pay Captain Lance Brooks to Serve as Captain for Live More Yacht and Other Expenses to Maintain Yacht. (See order.) Signed by Judge Victoria M. Calvert on 9/6/2024. (jbu) Related: [-]
Thursday, September 05, 2024
41		41 motion Miscellaneous Relief Thu 09/05 5:46 PM Unopposed MOTION Receiver's Unopposed Motion for Authorization to Pay Captain Lance Brooks to Serve as Captain for "Live More" Yacht and Other Expenses to Maintain Yacht by Kenneth Murena.(Landy, Russell) Related: [-]
		Att: 1 Exhibit A- Proposed Order
Tuesday, September 03, 2024
39		39 notice Notice (Other) Tue 09/03 1:36 PM NOTICE by Kenneth Murena Regarding Receivership Defendant Drive Planning LLC's Sworn Statement Requirement Pursuant to Order Appointing Receiver [ECF No.10] (Pavon, Adriana) Related: [-]
38		38 2 pgs order Order on Motion for Miscellaneous Relief Tue 09/03 11:27 AM ORDER granting37 Motion for Authorization to Employ Stretto as a Noticing and Claims Data Agent. Signed by Judge Victoria M. Calvert on 9/3/2024. (jbu) Related: [-]
Friday, August 30, 2024
40		40 notice Notice of Filing Tue 09/03 2:10 PM NOTICE Of Filing from American Express Travel Related Services Company, Inc. (jbu) Related: [-]
37		37 motion Miscellaneous Relief Fri 08/30 11:49 AM Unopposed MOTION Receiver's Unopposed Motion for Authorization to Employ Stretto as a Noticing and Claims Data Agent by Kenneth Murena.(Landy, Russell) Related: [-]
		Att: 1 Exhibit A- Proposal and Service Agreement,
		Att: 2 Exhibit B- Proposed Order
Tuesday, August 27, 2024
35		35 30+ pgs order Order Tue 08/27 3:45 PM STANDING ORDER: GUIDELINES TO PARTIES AND COUNSEL IN CASES PROCEEDING BEFORE THE HONORABLE VICTORIA M. CALVERT. Signed by Judge Victoria M. Calvert on 8/27/24. (vs) Related: [-]
Monday, August 26, 2024
36		36 notice Notice of Filing Wed 08/28 8:23 AM NOTICE Of Filing Answer to Preliminary Injunction Freezing Assets and Granting Other Equitable Relief (Truist Bank) (jbu) Related: [-]
34		34 notice Notice (Other) Mon 08/26 5:59 PM NOTICE by Kenneth Murena of Appearance of Russell Landy, Esq. and Adriana Pavon, Esq. of the law firm Damian \| Valori \| Culmo as Counsel for the Receiver (Sewell, Henry) Related: [-]
Thursday, August 22, 2024
33		33 notice Notice (Other) Thu 08/22 11:15 AM NOTICE by United States Securities and Exchange Commission of Ongoing Investigation (Roback, Harry) Related: [-]
Wednesday, August 21, 2024
32		32 service Waiver of Service Executed Wed 08/21 4:30 PM WAIVER OF SERVICE Returned Executed by United States Securities and Exchange Commission. Drive Planning, LLC waiver mailed on 8/21/2024, answer due 10/21/2024. (Huddleston, Pat) Related: [-]
31		31 service Waiver of Service Executed Wed 08/21 3:05 PM WAIVER OF SERVICE Returned Executed by United States Securities and Exchange Commission. Jacqueline Burkhalter waiver mailed on 8/15/2024, answer due 10/15/2024. (Huddleston, Pat) Related: [-]
30		30 service Waiver of Service Executed Wed 08/21 3:03 PM WAIVER OF SERVICE Returned Executed by United States Securities and Exchange Commission. Drive Properties, LLC waiver mailed on 8/15/2024, answer due 10/15/2024. (Huddleston, Pat) Related: [-]
29		29 service Waiver of Service Executed Wed 08/21 3:01 PM WAIVER OF SERVICE Returned Executed by United States Securities and Exchange Commission. Drive Gulfport Properties LLC waiver mailed on 8/15/2024, answer due 10/15/2024. (Huddleston, Pat) Related: [-]
28		28 service Waiver of Service Executed Wed 08/21 2:57 PM WAIVER OF SERVICE Returned Executed by United States Securities and Exchange Commission. TBR Supply House, Inc. waiver mailed on 8/15/2024, answer due 10/15/2024. (Huddleston, Pat) Related: [-]
27		27 service Waiver of Service Executed Wed 08/21 2:54 PM WAIVER OF SERVICE Returned Executed by United States Securities and Exchange Commission. The Burkhalter Ranch Corporation waiver mailed on 8/15/2024, answer due 10/15/2024. (Huddleston, Pat) Related: [-]
26		26 service Waiver of Service Executed Wed 08/21 11:14 AM WAIVER OF SERVICE Returned Executed by United States Securities and Exchange Commission. Russell Todd Burkhalter waiver mailed on 8/14/2024, answer due 10/15/2024. (Huddleston, Pat) Related: [-]
		order Order on Application for Admission Pro Hac Vice Wed 08/21 1:45 PM ORDER (by docket text only) granting19 Application by Russell Landy for Admission Pro Hac Vice. Entered by Judge Victoria M. Calvert on 8/21/24. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(vs) Related: [-]
		order Order on Application for Admission Pro Hac Vice Wed 08/21 1:46 PM ORDER granting20 Application by Adriana Pavon for Admission Pro Hac Vice. Entered by Judge Victoria M. Calvert on 8/21/24. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(vs) Related: [-]
Tuesday, August 20, 2024
25		25 respm Response (Non-Motion) Tue 08/20 5:45 PM RESPONSE re11 Order on Motion for TRO, Order on Motion for Preliminary Injunction, Order on Motion for Relief Defendant's Preliminary Injunction Disclosures filed by Russell Todd Burkhalter. (Danzig, Aaron) Related: [-]
Monday, August 19, 2024
24		24 2 pgs order Order on Motion for Order Mon 08/19 1:42 PM ORDER granting21 Motion for Order. The Receiver is authorized to engage Damian Valori Culmo, the Law Offices of Henry F. Sewell, Jr, LLC and Hays Financial Consulting LLC to assist the Receiver in fulfilling his duties under this Court's Orders effective as of August 13, 2024. Signed by Judge Victoria M. Calvert on 8/19/2024. (jbu) Related: [-]
23		23 respm Response (Non-Motion) Mon 08/19 9:30 AM RESPONSE re11 Order on Motion for TRO, Order on Motion for Preliminary Injunction, Order on Motion for Relief Relief Defendants' Preliminary Injunction Disclosures filed by Jacqueline Burkhalter. (Christy, Cecilia) Related: [-]
Sunday, August 18, 2024
22		22 notice Notice of Appearance Sun 08/18 9:47 PM NOTICE of Appearance by Cecilia Jackson Christy on behalf of Jacqueline Burkhalter (Christy, Cecilia) Related: [-]
Friday, August 16, 2024
21		21 motion For Order Fri 08/16 1:51 PM MOTION for Order Authorizing Receiver to Employ Professionals by Kenneth Murena. (Sewell, Henry) Related: [-]
Thursday, August 15, 2024
		misc Approval of Application for Admission PHV Thu 08/15 11:07 AM APPROVAL by Clerks Office re:19 APPLICATION for Admission of Russell Landy Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13650170). Attorney Russell Landy added appearing on behalf of Kenneth Murena. E-filing access may be requested after an order granting the application is entered. (esr) Related: [-]
		misc Approval of Application for Admission PHV Thu 08/15 11:08 AM APPROVAL by Clerks Office re:20 APPLICATION for Admission of Adriana Pavon Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13650200). Attorney Adriana Pavon added appearing on behalf of Kenneth Murena. E-filing access may be requested after an order granting the application is entered. (esr) Related: [-]
Wednesday, August 14, 2024
20		20 motion Application for Admission Pro Hac Vice Wed 08/14 4:43 PM APPLICATION for Admission of Adriana Pavon Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13650200).by Kenneth Murena. (Sewell, Henry) Related: [-]
19		19 motion Application for Admission Pro Hac Vice Wed 08/14 4:37 PM APPLICATION for Admission of Russell Landy Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13650170).by Kenneth Murena. (Sewell, Henry) Related: [-]
18		18 notice Notice (Other) Wed 08/14 4:15 PM NOTICE by Kenneth Murena of Appearance as Receiver and Demand for Service (Sewell, Henry) Related: [-]
17		17 notice Notice of Appearance Wed 08/14 4:12 PM NOTICE of Appearance by Henry Francis Sewell, Jr on behalf of Kenneth Murena (Sewell, Henry) Related: [-]
16		16 notice Notice of Filing Wed 08/14 12:20 PM SEALED NOTICE Of Filing Preliminary Injunction Order by United States Securities and Exchange Commission (Unredacted Copy)(Roback, Harry) Modified on 8/14/2024 (jbu) Related: [-]
		Att: 1 Text of Proposed Order Unredacted Proposed Preliminary Injunction Order
15		15 minutes Telephone Conference Order on Motion for Order Wed 08/14 11:51 AM Minute Entry for proceedings held before Judge Victoria M. Calvert: Telephone Conference held on 8/14/2024. Plaintiff's2 Motion for Order Requiring Surrender of Passport DENIED. Court gave Plaintiff leave to file an unredacted version of11 Preliminary Injunction under seal. (Court Reporter Wynette Blathers)(jbu) Related: [-]
14		14 notice Notice of Appearance Wed 08/14 9:45 AM NOTICE of Appearance by Kara Gordon Silverman on behalf of Russell Todd Burkhalter (Silverman, Kara) Related: [-]
13		13 misc Affidavit Wed 08/14 9:39 AM AFFIDAVIT Declaration of Aaron M. Danzig by Russell Todd Burkhalter. (Danzig, Aaron) Related: [-]
12		12 notice Notice of Appearance Wed 08/14 9:36 AM NOTICE of Appearance by Aaron M. Danzig on behalf of Russell Todd Burkhalter (Danzig, Aaron) Related: [-]
Tuesday, August 13, 2024
11		11 17 pgs order Order on Motion for TRO Order on Motion for Preliminary Injunction Order on Motion for Relief Tue 08/13 4:19 PM ORDER granting2 Motion (Preliminary Injunction Freezing Assets and Granting Other Equitable Relief). Signed by Judge Victoria M. Calvert on 8/13/2024. (jbu) Related: [-]
10		10 25 pgs order Order on Motion to Appoint Receiver Tue 08/13 4:13 PM ORDER granting2 Motion to Appoint Receiver. Kenneth Murena appointed. See order for specifics. Signed by Judge Victoria M. Calvert on 8/13/2024. (jbu) Related: [-]
9		9 service Electronic Summons Issued Tue 08/13 4:00 PM Electronic Summons Issued as to Drive Gulfport Properties LLC. (jbu) Related: [-]
8		8 service Electronic Summons Issued Tue 08/13 4:00 PM Electronic Summons Issued as to The Burkhalter Ranch Corporation. (jbu) Related: [-]
7		7 service Electronic Summons Issued Tue 08/13 3:59 PM Electronic Summons Issued as to TBR Supply House, Inc.. (jbu) Related: [-]
6		6 service Electronic Summons Issued Tue 08/13 3:59 PM Electronic Summons Issued as to Russell Todd Burkhalter. (jbu) Related: [-]
5		5 2 pgs service Electronic Summons Issued Tue 08/13 3:58 PM Electronic Summons Issued as to Jacqueline Burkhalter. (jbu) Related: [-]
4		4 service Electronic Summons Issued Tue 08/13 3:58 PM Electronic Summons Issued as to Drive Properties, LLC. (jbu) Related: [-]
3		3 service Electronic Summons Issued Tue 08/13 3:57 PM Electronic Summons Issued as to Drive Planning, LLC. (jbu) Related: [-]
2		2 motion Temporary Restraining Order Preliminary Injunction Appoint Receiver For Order For Relief Tue 08/13 3:52 PM MOTION for Emergency Relief, MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED , MOTION for Preliminary Injunction, MOTION to Appoint Receiver, MOTION for Asset Freeze Order by United States Securities and Exchange Commission.(jbu) Related: [-]
		Att: 1 Memorandum in Support,
		Att: 2 Text of Proposed Order,
		Att: 3 Text of Proposed Order Appointing Receiver,
		Att: 4 Text of Proposed Order Requiring Defendant Burkhalter to Surrender His Passport and Stay in the Country,
		Att: 5 25 pgs Declaration of Joseph Morgan,
		Att: 6 Declaration of Cody Turley,
		Att: 7 15 pgs Declaration of Julie Edwards,
		Att: 8 Declaration of Richard Beck,
		Att: 9 Declaration of Christian Carlson,
		Att: 10 Declaration of Charles Thompson,
		Att: 11 Declaration of Chris Eason,
		Att: 12 6 pgs Declaration of Joseph Maniaci,
		Att: 13 7 pgs Declaration of Angelo Sandone,
		Att: 14 34 pgs Testimony Transcript of Russell Burkhalter,
		Att: 15 32 pgs Testimony Transcript of Jacqueline Burkhalter,
		Att: 16 27 pgs Testimony Transcript of David Bradford,
		Att: 17 Profile of Ken Murena, Esq
1		1 39 pgs cmp Complaint Tue 08/13 3:34 PM COMPLAINT with Jury Demand filed by United States Securities and Exchange Commission.(jbu) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. Related: [-]
		Att: 1 Civil Cover Sheet
		utility Submission to District Judge Tue 08/13 3:53 PM Submission of2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED MOTION for Preliminary Injunction MOTION to Appoint Receiver, MOTION for Order, MOTION for Emergency Relief, to District Judge Victoria M. Calvert. (jbu) Related: [-]
		notice Notice of Video/Telephone Proceeding Tue 08/13 4:07 PM NOTICE OF TELEPHONE PROCEEDING re:2 MOTION for Temporary Restraining Order. Telephonic conference on Plaintiff's Motion for Order Requiring Surrender of Passport set for 8/14/2024 at 11:00 AM before Judge Victoria M. Calvert. Connection Instructions: Please call 1-866-390-1828 Access Code: 6421054# As participant push # Security Code: 0413# (ntj) Related: [-]

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