Case Details

CourtSouthern District of Florida
Docket number0:12-cv-61074
Date case filed2012-06-04
Date case closed
Date of latest filing
Assigned toJudge Robin S. Rosenbaum
Case cause15:0077 Securities Fraud
Nature of suit850 Securities/Commodities
Jury demandNone
Demand
JurisdictionFederal Question

Case Parties

Party: Securities & Exchange Commission
Party type: Plaintiff
Attorney name: Adam Louis Schwartz
Attorney Contact:
Securities and Exchange Commission
Miami Regional Office
801 Brickell Avenue, Suite 1800
Miami, FL 33131
305-982-6390
Fax: 305-536-4154
Email: [email protected]
TERMINATED: 05/24/2013

Attorney name: C. Ian Anderson
Attorney Contact:
Securities & Exchange Commission
801 Brickell Avenue
Suite 1800
Miami, FL 33131
Email: [email protected]
TERMINATED: 12/07/2012

Attorney name: Edward D. McCutcheon
Attorney Contact:
Securities & Exchange Commission
801 Brickell Avenue
Suite 1800
Miami, FL 33131
305-982-6380
Email: [email protected]
TERMINATED: 03/14/2013

Attorney name: Michelle Ioanna Bougdanos
Attorney Contact:
United States Securities and Exchange Commission
801 Brickell Avenue
Suite 1800
Miami, FL 33131
305-982-6307
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Robert Kent Levenson
Attorney Contact:
Securities & Exchange Commission
801 Brickell Avenue
Suite 1800
Miami, FL 33131
305-982-6341
Fax: 536-4154
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Kevin P. Brennan
Party type: Defendant
Party: Donald G. Huggins
Party type: Defendant
Attorney name: Alex Reed Stavrou
Attorney Contact:
Alex R. Stavrou, P.A.
334 South Hyde Park Avenue
Second Floor
Tampa, FL 33606
813-251-1289
Fax: 813-258-1810
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Marc S. Page
Party type: Defendant
Attorney name: Marc S. Page
Attorney Contact:
93 San Carlos
Sausalito, CA 94965
PRO SE
Party: Optimized Transportation Management, Inc.
Party type: Defendant
Party: United States of America
Party type: Defendant
Party: C. Ian Anderson
Party type: Defendant
In his private capacity
Party: Marc S. Page
Party type: Counter Claimant
Attorney name: Marc S. Page
Attorney Contact:
(See above for address)
PRO SE
Party: United States of America
Party type: Counter Defendant
Party: C. Ian Anderson
Party type: Counter Defendant
In his private capacity

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12012-06-04 COMPLAINT against All Defendants. Filing fee $ 350.00. USA Filer - No Filing Fee Required, filed by Securities & Exchange Commission. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s))(Anderson, C.) (Entered: 06/04/2012)
22012-06-04 Judge Assignment to Judge James I. Cohn (bb) (Entered: 06/04/2012)
32012-06-04 Summons Issued as to Kevin P. Brennan, Donald G. Huggins, Optimized Transportation Management, Inc., Marc S. Page. (bb) (Entered: 06/04/2012)
42012-06-05 ORDER Setting Trial for two-week trial period commencing 3/11/2013 09:00 AM in Fort Lauderdale Division before Judge James I. Cohn, Calendar Call set for 3/7/2013 09:00 AM in Fort Lauderdale Division before Judge James I. Cohn.), ORDER REFERRING CASE to Ch. Magistrate Judge Barry S. Seltzer for Pretrial and Discovery Matters. Signed by Judge James I. Cohn on 6/5/12. (tp) (Entered: 06/05/2012)
52012-06-11 SUMMONS (Affidavit) Returned Executed on 1 Complaint by Securities & Exchange Commission. Optimized Transportation Management, Inc. served on 6/7/2012, answer due 6/28/2012. (Anderson, C.) (Entered: 06/11/2012)
62012-06-27 SUMMONS (Affidavit) Returned Executed on 1 Complaint by Securities & Exchange Commission. Marc S. Page served on 6/20/2012, answer due 7/11/2012. (Anderson, C.) (Entered: 06/27/2012)
72012-07-02 WAIVER OF SERVICE Returned Executed by Securities & Exchange Commission. Donald G. Huggins waiver sent on 6/21/2012, answer due 8/20/2012. (Anderson, C.) (Entered: 07/02/2012)
82012-07-02 ANSWER to Complaint, COUNTERCLAIM against United States of America, C. Ian Anderson by Marc S. Page.(ail) (Entered: 07/03/2012)
92012-07-03 ORDER REASSIGNING CASE to Judge Robin S. Rosenbaum for all further proceedings, Judge James I. Cohn no longer assigned to case. Signed by Judge James I. Cohn on 7/3/2012. (mb) (Entered: 07/03/2012)
102012-07-03 PAPERLESS NOTICE OF CHANGE OF LOCATION FOR TRIAL: Calendar Call set for 3/7/2013 09:00 AM in Fort Lauderdale Division before Judge Robin S. Rosenbaum. Jury Trial set for 3/11/2013 09:00 AM in Fort Lauderdale Division before Judge Robin S. Rosenbaum. (rby) (Entered: 07/03/2012)
112012-07-03 ORDER Setting Scheduling Conference: Scheduling Conference Re: Scheduling/Deadlines/Procedural Matters set for 8/2/2012 at 2:00 PM in Fort Lauderdale Division before Judge Robin S. Rosenbaum. See Order for details. Signed by Judge Robin S. Rosenbaum on 7/3/2012. (kms) (Entered: 07/03/2012)
122012-07-05 NOTICE OF CHANGE OF HEARING TIME AND LOCATION: The Status Conference originally set for 8/2/12 at 2pm in Ft. Lauderdale is reset for 8/2/2012 01:00 PM in Miami Division before Judge Robin S. Rosenbaum. (rby) (Entered: 07/05/2012)
132012-07-11 Plaintiff's MOTION to Strike 8 Answer to Complaint, Counterclaim by Securities & Exchange Commission. Responses due by 7/30/2012 (Anderson, C.) Modified Text on 7/12/2012 (ls). (Entered: 07/11/2012)
142012-07-19 Plaintiff's MOTION for Clerks Entry of Default as to Optimized Transportation Management, Inc. by Securities & Exchange Commission. (Attachments: # 1 Text of Proposed Order - Default against Defendant Optimized Transportation Management, Inc.)(Anderson, C.) (Entered: 07/19/2012)
152012-07-20 ORDER by Clerk of Entry of Default re 14 Motion for Clerks Entry of Default as to Optimized Transportation Management, Inc. Signed by DEPUTY CLERK on 7/20/2012. (ls) (Entered: 07/20/2012)
162012-07-25 SCHEDULING REPORT - Rule 26(f) by Securities & Exchange Commission (Anderson, C.) (Entered: 07/25/2012)
172012-07-30 ORDER CANCELLING SCHEDULING CONFERENCE. The Scheduling Conference previously scheduled to take place on August 2, 2012, is CANCELLED. Terminate Deadlines and Hearings. Signed by Judge Robin S. Rosenbaum on 7/30/2012. (kms) (Entered: 07/30/2012)
182012-07-30 SCHEDULING ORDER and ORDER of REFERRAL to Mediation( Jury Trial set for 8/19/2013 before Judge Robin S. Rosenbaum., Calendar Call set for 8/15/2013 01:00 PM in Fort Lauderdale Division before Judge Robin S. Rosenbaum., Amended Pleadings due by 9/28/2012., Expert Discovery due by 6/7/2013., Fact Discovery due by 4/9/2013., Joinder of Parties due by 9/28/2012., In Limine Motions due by 6/13/2013., Dispositive Motions due by 4/24/2013., Joint Pretrial Stipulation due by 8/7/2013.) Mediation Deadline 4/29/2013. Signed by Judge Robin S. Rosenbaum on 7/30/2012. (cbr) (Entered: 07/30/2012)
192012-08-03 ORDER TO SHOW CAUSE regarding Plaintiff's Motion to Strike Marc S. Page's Counterclaim [DE 13]. Defendant Page's Show Cause Response is due by 8/14/2012. Please see Order for details. Signed by Judge Robin S. Rosenbaum on 8/3/2012. (kms) (Entered: 08/03/2012)
202012-08-13 RESPONSE in Opposition to 13 Plaintiff's MOTION to Strike Counterclaim filed by Marc S. Page. (cbr) (Entered: 08/13/2012)
212012-08-13 MEMORANDUM of Points and Authorities in Support of 20 Response in Opposition to Motion by Marc S. Page. see DE 20 for image (cbr) (Entered: 08/13/2012)
222012-08-20 REPLY to Response to Motion re 13 Plaintiff's MOTION to Strike 8 Answer to Complaint, Counterclaim filed by Securities & Exchange Commission. (Anderson, C.) (Entered: 08/20/2012)
232012-09-06 ORDER granting 13 Motion to Strike Marc S. Page's Counterclaim. Counterclaim is dismissed. Signed by Judge Robin S. Rosenbaum on 9/6/2012. (cbr) (Entered: 09/07/2012)
242012-09-20 Plaintiff's MOTION for Extension of Time to Serve Complaint and Summons upon Defendant Kevin P. Brennan , and supporting Memorandum of Law by Securities & Exchange Commission. Responses due by 10/9/2012 (Attachments: # 1 Exhibit A- Affidavit of Return of Process by Absolute Process, # 2 Exhibit B-Copies of Outside Envelopes of Returned Mail, # 3 Exhibit C-Affidavit of Non Service by Professional Process, # 4 Exhibit D-Copy of Private Investigator's Report (ICS Merrill), # 5 Text of Proposed Order)(Anderson, C.) (Entered: 09/20/2012)
252012-09-20 PAPERLESS ORDER granting in part and denying in part 24 Plaintiff's Motion for Extension of Time to Serve Complaint and Summons Upon Defendant Kevin Brennan. Based on the facts alleged in Plaintiff's Motion, the Court finds good cause to extend the deadline to serve Defendant Brennan. The Court, however, will not extend the deadline by 90 days as requested by Plaintiff. Instead, the Court will extend the deadline to serve Brennan by 30 days. Accordingly, Plaintiff will have until November 1, 2012, to serve Defendant Kevin Brennan with the Complaint and Summons in this case. Signed by Judge Robin S. Rosenbaum on 9/20/2012. (kms) (Entered: 09/20/2012)
262012-10-02 Unopposed MOTION to Stay Proceedings for 90 Days as to Defendant Donald G. Huggins by Securities & Exchange Commission. Responses due by 10/19/2012 (Attachments: # 1 Text of Proposed Order)(Anderson, C.) (Entered: 10/02/2012)
272012-10-03 PAPERLESS ORDER granting 26 Plaintiff's Unopposed Motion for 90-day Stay of Proceedings As to Defendant Donald G. Huggins. This case shall be stayed for 90 days with respect to Defendant Donald G. Huggins so that the Commission may present Huggins' Consent and proposed Judgment of Permanent Injunction and Other Relief to the full Commission for approval. Signed by Judge Robin S. Rosenbaum on 10/3/2012. (kms) (Entered: 10/03/2012)
282012-10-03 NOTICE by Securities & Exchange Commission of Status of Agreed Mediator pursuant to Court's Scheduling Order and Order of Referral to Mediation dated July 30, 2012 [D.E. 18] (Anderson, C.) (Entered: 10/03/2012)
292012-10-09 ORDER re 28 Notice (Other) filed by Securities & Exchange Commission Signed by Judge Robin S. Rosenbaum on 10/9/2012. (cbr) (Entered: 10/09/2012)
302012-10-29 Second MOTION for Extension of Time to Serve Complaint and Summons upon Defendant Kevin P. Brennan and Supporting Memorandum of Law by Securities & Exchange Commission. Responses due by 11/16/2012 (Anderson, C.) (Entered: 10/29/2012)
312012-10-31 STATUS REPORT (Joint Interim), pursuant to the Court's July 30, 2012 Scheduling Order [D.E. 18] by Securities & Exchange Commission (Anderson, C.) (Entered: 10/31/2012)
322012-11-01 PAPERLESS ORDER granting 30 Plaintiff's Second Motion for Extension of Time to Serve Complaint and Summons Upon Defendant Kevin Brennan. Based upon the facts alleged in the Plaintiff's Motion, the Court finds good cause to extend the deadline to serve Defendant Brennan. The Court will extend the deadline to serve Brennan by 60 days. Accordingly, Plaintiff will have until December 31, 2012, to serve Defendant Kevin Brennan with the Complaint and Summons in this case. Signed by Judge Robin S. Rosenbaum on 11/1/2012. (kms) (Entered: 11/01/2012)
332012-11-29 MOTION for Judgment against Defendant Donald G. Huggins by Securities & Exchange Commission. (Attachments: # 1 Exhibit Consent, # 2 Text of Proposed Order)(Anderson, C.) (Entered: 11/29/2012)
342012-12-04 Judgment of PERMANENT INJUNCTION and Other Relief as to Defendant Donald G. Huggins. Signed by Judge Robin S. Rosenbaum on 12/4/2012. (cbr) (Entered: 12/05/2012)
352012-12-05 NOTICE of Striking 33 MOTION for Judgment against Defendant Donald G. Huggins filed by Securities & Exchange Commission by Securities & Exchange Commission (Anderson, C.) (Entered: 12/05/2012)
362012-12-05 MOTION for Judgment as to Defendant Donald G. Huggins by Securities & Exchange Commission. (Attachments: # 1 Exhibit Consent, # 2 Text of Proposed Order)(Anderson, C.) (Entered: 12/05/2012)
372012-12-07 Plaintiff's MOTION to Withdraw as Attorney by C. Ian Anderson. by Securities & Exchange Commission. Responses due by 12/24/2012 (Attachments: # 1 Text of Proposed Order)(Anderson, C.) (Entered: 12/07/2012)
382012-12-07 NOTICE of Attorney Appearance by Edward D. McCutcheon on behalf of Securities & Exchange Commission (McCutcheon, Edward) (Entered: 12/07/2012)
392012-12-07 PAPERLESS ORDER granting 37 C. Ian Anderson's Motion to Withdraw as Counsel for Plaintiff. Attorney C. Ian Anderson terminated Signed by Judge Robin S. Rosenbaum on 12/7/2012. (kms) (Entered: 12/07/2012)
402012-12-31 Third MOTION for Extension of Time To Serve Complaint and Summons Upon Defendant Kevin P. Brennan and Supporting Memorandum of Law by Securities & Exchange Commission. Responses due by 1/17/2013 (Attachments: # 1 Text of Proposed Order)(McCutcheon, Edward) (Entered: 12/31/2012)
412013-01-02 PAPERLESS ORDER granting 40 Motion for Extension of Time to Serve Complaint and Summons Upon Defendant Kevin Brennan. Based upon the facts alleged in the Plaintiff's Motion, the Court finds good cause to extend the deadline to serve Defendant Brennan. The Court will extend the deadline to serve Brennan by 60 days. Accordingly, Plaintiff will have until March 1, 2013, to serve Defendant Kevin Brennan with the Complaint and Summons in this case. Signed by Judge Robin S. Rosenbaum on 1/2/2013. (kms) (Entered: 01/02/2013)
422013-02-20 SUMMONS (Affidavit) Returned Executed on 1 Complaint with a 21 day response/answer filing deadline by Securities & Exchange Commission. Kevin P. Brennan served on 2/11/2013, answer due 3/4/2013. (McCutcheon, Edward) (Entered: 02/20/2013)
432013-03-13 ORDER TO SHOW CAUSE directed to Plaintiff. Show Cause Response due by 3/20/2013. Please see Order for details. Signed by Judge Robin S. Rosenbaum on 3/13/2013. (kms) (Entered: 03/13/2013)
442013-03-13 NOTICE of Attorney Appearance by Adam Schwartz on behalf of Securities & Exchange Commission (Schwartz, Adam) (Entered: 03/13/2013)
452013-03-14 Plaintiff's MOTION for Clerks Entry of Default as to Kevin P. Brennan by Securities & Exchange Commission. (Attachments: # 1 Text of Proposed Order)(Bougdanos, Michelle) (Entered: 03/14/2013)
462013-03-18 ORDER by Clerk of Entry of Default re 45 Motion for Clerks Entry of Default as to Kevin P. Brennan Signed by DEPUTY CLERK on 3/18/2013. (cbr) (Entered: 03/18/2013)
472013-03-19 Unopposed MOTION for Extension of Time for Pre-Trial Deadlines by Securities & Exchange Commission. Responses due by 4/5/2013 (Attachments: # 1 Text of Proposed Order)(Bougdanos, Michelle) (Entered: 03/19/2013)
482013-03-19 Unopposed MOTION for Leave to Depose Incarcerated Witness by Securities & Exchange Commission. (Attachments: # 1 Text of Proposed Order)(Bougdanos, Michelle) (Entered: 03/19/2013)
492013-03-19 PAPERLESS ORDER granting 48 Plaintiff's Unopposed Motion for Leave to Depose Incarcerated Witness. Plaintiff may take the deposition of Defendant Kevin P. Brennan at the Federal Detention Center in Miami, Florida or wherever he is incarcerated at the time of the deposition. Signed by Judge Robin S. Rosenbaum on 3/19/2013. (kms) (Entered: 03/19/2013)
502013-03-19 ORDER Granting 47 Unopposed Motion for an Extension of Pre-Trial Deadlines and Amended Scheduling Order. Expert Discovery due by 8/8/2013. Fact Discovery due by 6/10/2013. Mediation Deadline 6/28/2013. Dispositive Motions due by 6/24/2013. In Limine Motions due by 8/14/2013. Motions due by 8/14/2013. Pretrial Stipulation due by 10/7/2013. Calendar Call set for 10/17/2013 01:00 PM before Judge Robin S. Rosenbaum. Jury Trial set for 10/21/2013 before Judge Robin S. Rosenbaum. Signed by Judge Robin S. Rosenbaum on 3/19/2013. (asl) (Entered: 03/20/2013)
512013-05-02 Plaintiff's MOTION for Default Judgment of Permanent Injunction and Other Relief against Defendant Kevin P. Brennan by Securities & Exchange Commission. (Attachments: # 1 Exhibit A-Non Military Service Affidavit, # 2 Exhibit B-Age and Competency Affidavit, # 3 Exhibit C-Copy of Final Judgment as to Wound Management, # 4 Text of Proposed Order)(Schwartz, Adam) (Entered: 05/02/2013)
522013-05-06 ORDER TO SHOW CAUSE directed to Kevin P. Brennan. Brennan's Show Cause Response is due by 5/20/2013. Signed by Judge Robin S. Rosenbaum on 5/6/2013. (kms) (Entered: 05/06/2013)
532013-05-14 Plaintiff's MOTION for Default Judgment of Permanent Injunction and Other Relief against Defendant Optimized Transportation Management, Inc. by Securities & Exchange Commission. (Attachments: # 1 Exhibit A - Affidavit of Trisha D. Sindler in Support of Disgorgement Amounts, # 2 Exhibit B - Prejudgment Interest Report, # 3 Exhibit C- Final Judgment as to Defendant Wound Management Technologies, Inc., # 4 Text of Proposed Order)(Bougdanos, Michelle) (Entered: 05/14/2013)
542013-05-15 ORDER TO SHOW CAUSE directed at Defendant Optimized Transportation Management, Inc. Show Cause Response due by 5/29/2013. Please see Order for details. Signed by Judge Robin S. Rosenbaum on 5/15/2013. (kms) (Entered: 05/15/2013)
552013-05-24 Plaintiff's MOTION to Withdraw as Attorney by Adam L. Schwartz. by Securities & Exchange Commission. Responses due by 6/10/2013 (Attachments: # 1 Text of Proposed Order)(Schwartz, Adam) (Entered: 05/24/2013)
562013-05-24 NOTICE by Securities & Exchange Commission of Substitution of Counsel. Attorney Robert Kent Levenson added to party Securities & Exchange Commission(pty:pla). (Levenson, Robert) (Entered: 05/24/2013)
572013-05-24 PAPERLESS ORDER granting 55 Motion to Withdraw as Attorney. Attorney Adam Schwartz terminated. Signed by Judge Robin S. Rosenbaum on 5/24/2013. (kms) (Entered: 05/24/2013)
582013-06-24 Plaintiff's MOTION for Summary Judgment and Memorandum of Law in Support thereof against Defendant Marc S. Page by Securities & Exchange Commission. Responses due by 7/11/2013 (Attachments: # 1 Exhibit A - Prejudgment Interest Calculation)(Bougdanos, Michelle) (Entered: 06/24/2013)
592013-06-24 Statement of: Undisputed Material Facts in support of Plaintiff's Motion for Summary Judgment against Defendant Marc S. Page by Securities & Exchange Commission re 58 Plaintiff's MOTION for Summary Judgment and Memorandum of Law in Support thereof against Defendant Marc S. Page (Attachments: # 1 Exhibit A - Plaintiff's First Request for Admissions to Page, # 2 Exhibit B - May 16, 2013 Deposition Transcript of Marc Page, # 3 Exhibit C - Criminal Indictment, # 4 Exhibit D - Transcript of Criminal Case - Jury Trial Excerpt, # 5 Exhibit E - Jury Verdict from Criminal Case)(Bougdanos, Michelle) (Entered: 06/24/2013)
602013-07-24 ORDER TO SHOW CAUSE directed at Defendant Marc Page. Show Cause Response due by 8/2/2013. Please see Order for details. Signed by Judge Robin S. Rosenbaum on 7/24/2013. (kms) (Entered: 07/24/2013)
612013-07-26 Notice of Motion and MOTION for Extension of Time to Answer the Discovery/Admissions by Marc S. Page. (asl)(system updated) (Entered: 07/26/2013)
622013-07-26 OPPOSITION to 58 Plaintiff's MOTION for Summary Judgment and Memorandum of Law in Support thereof against Defendant Marc S. Page filed by Marc S. Page. (asl) (Entered: 07/26/2013)
632013-07-26 MEMORANDUM of Points and Authorities in Support or 62 Opposition to Motion for Summary Judgment by Marc S. Page. (asl) (Entered: 07/26/2013)
642013-07-26 AFFIDAVIT in Support of 62 Opposition to Motion for Summary Judgment by Marc S. Page (Attachments: # 1 Exhibit)(asl) (Entered: 07/26/2013)
652013-07-26 PAPERLESS ORDER directing expedited Response. Plaintiff shall file its Response to 61 Defendant Marc Seaver Page's Motion for an Extension of Time to Answer the Discovery/Admissions on or before 4:00 p.m. on 7/31/2013. Signed by Ch. Magistrate Judge Barry S. Seltzer on 7/26/2013. (ccy) (Entered: 07/26/2013)