| Court: | gand |
| Docket #: | 1:14-cv-02468 |
| Case Name: | Securities And Exchange Commission v. Lawler et al |
| PACER case #: | 207890 |
| Date filed: | 2014-07-31 |
| Assigned to: | Judge Mark H. Cohen |
| Case Cause: | 15:77 Securities Fraud |
| Nature of Suit: | 850 Securities/Commodities |
| Jury Demand: | None |
| Jurisdiction: | U.S. Government Plaintiff |
| Represented Party | Attorney & Contact Info |
| Securities And Exchange Commission Plaintiff |
Madison Graham Loomis Pat Huddleston , II |
| Thomas J. Lawler Defendant |
Thomas J. Lawler |
| Freedom Foundation USA LLC Defendant doing business asFreedom Club USA |
|
| Divine Spirit LLC Defendant |
|
| Order Processing LLC Defendant |
|
| Prosperity Solutions LLC Defendant |
|
| Violet Blessings LLC Defendant |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2014-07-31 | 1 | 0 | COMPLAINT filed and summons issued., filed by Securities And Exchange Commission. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Civil Cover Sheet)(hfm) Please visit our website at http://www.gand.uscourts.gov/forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 07/31/2014) | 2014-08-05 21:34:07 | 93eaca81a800e5f45bb5b49bb2b544bc6fd13207 | |
| 2014-07-31 | 2 | 0 | MOTION for Temporary Restraining Order by Securities And Exchange Commission. (Attachments: # 1 Brief, # 2 Attachment 1, # 3 Exhibit A, # 4 Exhibit B, # 5 Attachment 2, # 6 Rule 65(b) Certificate, # 7 Text of Proposed Order)(hfm) (Entered: 07/31/2014) | 2014-08-05 22:18:42 | 06841467c98b3ae5074e881429dcee75f2e7eb40 | |
| 2014-07-31 | 3 | 0 | Electronic Summons Issued as to Divine Spirit LLC, Freedom Foundation USA LLC, Thomas J. Lawler, Order Processing LLC, Prosperity Solutions LLC, Violet Blessings LLC. (Attachments: # 1 Freedom Foundation, # 2 Freedom Foundation, # 3 Divine Spirits, # 4 Order Processing, # 5 Prosperity Solutions, # 6 Violet Blessings)(hfm) (Entered: 07/31/2014) | |||
| 2014-07-31 | 4 | 0 | Guidelines to Parties and Counsel in Cases Proceeding Before The Honorable Amy Totenberg. Signed by Judge Amy Totenberg on 7/31/14. (hfm) (Entered: 07/31/2014) | |||
| 2014-07-31 | 5 | 0 | Minute Entry for proceedings held before Judge Amy Totenberg: Motion Hearing held on 7/31/2014 re 2 Motion for Temporary Restraining Order. Defendant Thomas J. Lawler appeared pro se on behalf of himself and he appeared as the corporate representative of Defendants Freedom Foundation USA LLC, Divine Spirit, LLC, Order Processing LLC, and Violet Blessings LLC. The Court granted Plaintiff's request for a TRO and asset freeze. The Court will hold another TRO hearing on Friday, August 8, 2014, at 3:00 PM in Courtroom 2308. A written order will follow. Plaintiff was directed to serve the written order on Defendants via Lawler at the email address it has for him. (Court Reporter Elise Evans)(acm) (Entered: 07/31/2014) | |||
| 2014-07-31 | 6 | 0 | ORDER to Show Cause, Temporary Restraining Order, Order Freezing Assets and for an Accounting, Order Prohibiting Destruction of Documents, and Order Expediting Discovery. Pending the determination of Plaintiff's motion for a preliminary injunction or hearing on the merits, the assets of Defendants Lawler and Freedom Foundation, and Relief Defendants Divine Spirit LLC, Order Processing LLC, and Prosperity Solutions LLC are frozen. The assets of Violet Blessings LLC are also frozen, limited as outlined in the Order. Each Defendant shall submit in writing to this Court and Plaintiff on or before Tuesday, August 5th at noon the information as outlined in the Order. Expedited discovery shall proceed as outlined in the Order. Defendants shall appear for a hearing on 8/8/2014 at 3:00 PM in Courtroom 2308 to show cause why a preliminary injunction should not begranted extending the asset freeze granted in this Order until a final adjudication on the merits may be had. Signed by Judge Amy Totenberg on 7/31/2014.(acm) (Entered: 07/31/2014) | |||
| 2014-08-01 | 7 | 0 | NOTICE re 6 Order by Securities And Exchange Commission. SEC Counsels Statement Regarding Efforts to Serve the Other Parties and Notify Them of the Hearing Conducted on July 31, 2014. (Huddleston, Pat) Modified on 8/4/2014 to create document relationship and remove all upper case text from docket entry (hfm). (Entered: 08/01/2014) | |||
| 2014-08-06 | 8 | 0 | NOTICE Of Filing by Securities And Exchange Commission Requesting Issuance of Summons (Huddleston, Pat) (Entered: 08/06/2014) | |||
| 2014-08-06 | 9 | 0 | Electronic Summons Issued as to Divine Spirit LLC. (hfm) (Entered: 08/06/2014) | |||
| 2014-08-07 | 10 | 0 | Return of Service Executed by Securities And Exchange Commission. Freedom Foundation USA LLC served on 7/31/2014, answer due 8/21/2014; Thomas J. Lawler served on 7/31/2014, answer due 8/21/2014; Order Processing LLC served on 8/4/2014, answer due 8/25/2014; Prosperity Solutions LLC served on 8/1/2014, answer due 8/22/2014; Violet Blessings LLC served on 7/31/2014, answer due 8/21/2014. (Attachments: # 1 Proof of Service, # 2 Proof of Service, # 3 Proof of Service, # 4 Proof of Service, # 5 Proof of Service)(Huddleston, Pat) (Entered: 08/07/2014) | |||
| 2014-08-07 | 11 | 0 | APPLICATION for Leave to Proceed in forma pauperis by Thomas J. Lawler. (hfm) (Entered: 08/07/2014) | |||
| 2014-08-07 | 12 | 0 | MOTION to Dismiss with Prejudice by Thomas J. Lawler. (hfm) (Entered: 08/07/2014) | |||
| 2014-08-07 | 13 | 0 | NOTICE by Securities And Exchange Commission Notice of Service of Subpoenas to Appear and Testify at Hearing (Attachments: # 1 Subpoena to Appear and Testify at Hearing, # 2 Subpoena to Appear and Testify at Hearing)(Huddleston, Pat) (Entered: 08/07/2014) | |||
| 2014-08-08 | 14 | 0 | Return of Service Executed by Securities And Exchange Commission. Divine Spirit LLC served on 8/7/2014, answer due 8/28/2014. (Huddleston, Pat) (Entered: 08/08/2014) | |||
| 2014-08-07 | 15 | 0 | MOTION to Appoint Counsel by Thomas J. Lawler. (hfm) (Entered: 08/08/2014) | |||
| 2014-08-08 | 16 | 0 | Minute Entry for proceedings held before Judge Amy Totenberg: Motion Hearing held on 8/8/2014 re 2 MOTION for Temporary Restraining Order filed by Securities And Exchange Commission. Defendant Lawler did not appear in court for the hearing. The Court called Defendant Lawler from the courtroom and connected him to the hearing via telephone. 15 Motion to Appoint Counsel DENIED. Plaintiff's witnesses Matthew McNamara and Karaz Saleh Zaki were sworn and testified. Plaintiff's Exhbits 1-6 admitted. The Court ruled that it will maintain the current injunction and will modify it as indicated at the hearing; written order to follow. (Court Reporter Elise Evans)(hfm) (Entered: 08/11/2014) | |||
| 2014-08-11 | 17 | 0 | EXHIBITS from 8/8/14 TRO Hearing 16 received from Courtroom Deputy and placed in Exhibit room. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(hfm) (Entered: 08/11/2014) | |||
| 2014-08-11 | 18 | 0 | ORDER granting Preliminary Injunction, Continuing Asset Freeze, and Granting Other Relief. The SEC is DIRECTED to serve Defendant Lawler with a copy of this Order. Defendant Lawlers Application to Proceed in forma pauperis 11 is DENIED AS MOOT. Signed by Judge Amy Totenberg on 8/11/14. (hfm) (Entered: 08/12/2014) | |||
| 2014-08-11 | 19 | 0 | RESPONSE re 6 Temporary Restraining Order by PNC Bank. (hfm) (Entered: 08/12/2014) | |||
| 2014-08-11 | 20 | 0 | RESPONSE by First Citizens Bank re 6 Temporary Restraining Order. (hfm) (Entered: 08/12/2014) | |||
| 2014-08-12 | 21 | 0 | MOTION to Change Venue (Statement for Jurisdictional Change to International Common Law World Court and Dismissal with Prejudice) by Thomas J. Lawler. (Attachments: # 1 Certificate of Service)(hfm) (Entered: 08/13/2014) | |||
| 2014-08-18 | 22 | 0 | NOTICE of Service re 18 Order by Securities And Exchange Commission Plaintiff Securities and Exchange Commission's Notice of Service of Order Granting Preliminary Injunction, Continuing Asset Freeze and Granting Other Relief (Attachments: # 1 Affidavit, # 2 Affidavit)(Huddleston, Pat) Modified on 8/19/2014 to edit docket text to accurately reflect e-filed pleading and create document relationship (hfm). (Entered: 08/18/2014) | |||
| 2014-08-20 | 23 | 0 | TRANSCRIPT of Telephone Conference Proceedings held on 7/31/2014, before Judge Amy Totenberg. Court Reporter/Transcriber Elise Evans, Telephone number 404-215-1456. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/10/2014. Redacted Transcript Deadline set for 9/22/2014. Release of Transcript Restriction set for 11/18/2014. (Attachments: # 1 Notice of Filing) (ee) (Entered: 08/20/2014) | |||
| 2014-08-20 | 24 | 0 | TRANSCRIPT of Temporary Restraining Order Proceedings held on 8/8/2014, before Judge Amy Totenberg. Court Reporter/Transcriber Elise Evans, Telephone number 404-215-1456. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/10/2014. Redacted Transcript Deadline set for 9/22/2014. Release of Transcript Restriction set for 11/18/2014. (Attachments: # 1 Notice of Filing) (ee) (Entered: 08/20/2014) | |||
| 2014-08-21 | 25 | 0 | RESPONSE re 12 MOTION to Dismiss With Prejudice filed by Securities And Exchange Commission. (Huddleston, Pat) (Entered: 08/21/2014) | |||
| 2014-08-26 | 26 | 0 | RESPONSE re 21 MOTION to Change Venue filed by Securities And Exchange Commission. (Attachments: # 1 Attachment 1)(Huddleston, Pat) (Entered: 08/26/2014) | |||
| 2014-10-03 | 27 | 0 | ORDER denying 12 Motion to Dismiss ; denying 21 Motion to Change Venue. Signed by Judge Amy Totenberg on 10/3/14. (hfm) (Entered: 10/03/2014) | |||
| 2014-10-10 | 28 | 0 | PRO SE MOTION for Reconsideration re 27 Order by Thomas J. Lawler. (bdb) (Entered: 10/15/2014) | |||
| 2014-10-10 | 29 | 0 | STATEMENT for Dismissal with Prejudice by Thomas J. Lawler. (bdb) (Entered: 10/15/2014) | |||
| 2014-10-21 | 30 | 0 | RESPONSE to 28 MOTION for Reconsideration re 27 Order filed by Securities And Exchange Commission. (Huddleston, Pat) (Entered: 10/21/2014) | |||
| 2014-11-11 | 31 | 0 | ORDER DENYING 28 Defendants' Motion for Reconsideration of order. Signed by Judge Amy Totenberg on 11/11/2014. (jtj) (Entered: 11/12/2014) | |||
| 2014-11-24 | 32 | 0 | Supplemental Pleading, Declaration, MOTION to Amend and MOTION for Relief from Judgment by Thomas J. Lawler. (Attachments: # 1 Attachments) (jtj) (Entered: 11/26/2014) | |||
| 2014-12-08 | 33 | 0 | RESPONSE re 32 MOTION to Amend MOTION for Relief Plaintiff Securities and Exchange Commission's Response to Defendant Thomas Lawler's Supplemental Pleading/Declaration/Motion to Amend/Relief from Judgment filed by Securities And Exchange Commission. (Huddleston, Pat) (Entered: 12/08/2014) | |||
| 2014-12-15 | 34 | 0 | NOTICE Of Filing Supplemental Declaration by Thomas J. Lawler re 32 MOTION to Amend MOTION for Relief. (jpa) (Entered: 12/17/2014) | |||
| 2014-12-29 | 35 | 0 | RESPONSE re 34 Notice of Filing Plaintiff Securities and Exchange Commission's Response to Defendant Thomas Lawler's Supplemental Declaration filed by Securities And Exchange Commission. (Attachments: # 1 Exhibit 1)(Huddleston, Pat) (Entered: 12/29/2014) | |||
| 2014-12-29 | 36 | 0 | MOTION for Clerks Entry of Default (), MOTION for Default Judgment as to Freedom Foundation USA LLC by Securities And Exchange Commission. (Attachments: # 1 Exhibit 1)(Huddleston, Pat) (Entered: 12/29/2014) | |||
| 2014-12-29 | 37 | 0 | MOTION for Clerks Entry of Default Plaintiff's Request for Entry of Default Against Relief Defendant Divine Spirit LLC by Securities And Exchange Commission. (Attachments: # 1 Exhibit 1)(Huddleston, Pat) (Entered: 12/29/2014) | |||
| 2014-12-29 | 38 | 0 | MOTION for Clerks Entry of Default Motion for Default Judgment as to Relief Defendant Prosperity Sollutions LLC by Securities And Exchange Commission. (Attachments: # 1 Exhibit 1)(Huddleston, Pat) (Entered: 12/29/2014) | |||
| 2014-12-29 | 39 | 0 | MOTION for Clerks Entry of Default , Motion for Default Judgment as to Relief Defendant Order Processing LLC by Securities And Exchange Commission. (Attachments: # 1 Exhibit 1)(Huddleston, Pat) (Entered: 12/29/2014) | |||
| 2014-12-29 | 40 | 0 | MOTION for Clerks Entry of Default , Motion for Default Judgment as to Relief Defendant Violet Blessings LLC by Securities And Exchange Commission. (Attachments: # 1 Exhibit 1)(Huddleston, Pat) (Entered: 12/29/2014) | |||
| 2014-12-31 | 41 | 0 | STANDING ORDER REGARDING CIVIL LITIGATION Signed by Judge Mark H. Cohen on 12/31/14. (jpa) (Additional attachment(s) added on 2/6/2015: # 1 Exhibit A, # 2 Exhibit B) (jgs). (Entered: 12/31/2014) | |||
| 2015-01-06 | 42 | 0 | Request for Leave of Absence for the following date(s): February 19, 20, 21, 22, 23, 24, 25, 26, 2015, by Pat Huddleston, II. (Huddleston, Pat) (Entered: 01/06/2015) | |||
| 2015-01-06 | 43 | 0 | MOTION to Dismiss by Freedom Foundation USA LLC, Thomas J. Lawler. (jtj) (Entered: 01/07/2015) | |||
| 2015-01-20 | 44 | 0 | RESPONSE re 43 MOTION to Dismiss Plaintiff Securities and Exchange Commission's Response to Defendant Freedom Foundation's Motion to Dismiss filed by Securities And Exchange Commission. (Huddleston, Pat) (Entered: 01/20/2015) | |||
| 2015-03-13 | 45 | 0 | NOTICE to Take Deposition of Thomas J. Lawler filed by Securities And Exchange Commission (Huddleston, Pat) Modified on 3/16/2015 to add docket text (jpa). (Entered: 03/13/2015) | |||
| 2015-05-14 | 46 | 0 | ORDER denying 32 Motion to Amend/ Relief from Order/Judgment; denying 43 Motion to Dismiss. Signed by Judge Mark H. Cohen on 5/14/15. (jpa) (Entered: 05/14/2015) | |||
| 2015-07-07 | 47 | 0 | MOTION for Clerks Entry of Default Plaintiff's Request for Entry of Default Against Defendant Thomas J. Lawler by Securities And Exchange Commission. (Huddleston, Pat) (Entered: 07/07/2015) | |||
| 2015-07-14 | 48 | 0 | MOTION for Order to Show Cause why Defendant Thomas J. Lawler Should not be Held in Contempt for Failing to Comply with this Court's Previous Orders by Securities And Exchange Commission. (Attachments: # 1 Memorandum of Law, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6 - [Proposed] Order, # 8 Certificate of Service)(Huddleston, Pat) (Entered: 07/14/2015) | |||
| 48 | 1 | Memorandum of Law | ||||
| 48 | 2 | Exhibit 1 | ||||
| 48 | 3 | Exhibit 2 | ||||
| 48 | 4 | Exhibit 3 | ||||
| 48 | 5 | Exhibit 4 | ||||
| 48 | 6 | Exhibit 5 | ||||
| 48 | 7 | Exhibit 6 - [Proposed] Order | ||||
| 48 | 8 | Certificate of Service | ||||
| 2015-09-02 | 49 | 0 | ORDER granting 48 Motion and ordering the Defendant Lawler to show cause to this Court, if there be any on 9/21/2015 at 09:30 AM in ATLA Courtroom 1905, why this Court should not issue an order holding him in civil contempt for violating this Court's previous Orders. IT IS FURTHER ORDERED that Defendant Lawler shall file with the Court and serve any papers in opposition to the SEC's motion for an order to show cause no later than September 16, 2015. Service shall be made by delivering the papers to the SEC at 950 East Paces Ferry Road, N.E., Suite 900, Atlanta, Georgia 30326-1232 to the attention of Pat Huddleston or such other counsel as the SEC may designate in writing, by the most expeditious means available. IT IS FURTHER ORDERED that the SEC and Defendant Lawler may take discovery as provided by the Federal Rules of Civil Procedure. Signed by Judge Mark H. Cohen on 9/2/15. (jpa) (Entered: 09/02/2015) | |||
| 2015-09-18 | 50 | 0 | NOTICE by Securities And Exchange Commission re 49 Order on Motion for Order to Show Cause,,, Notice of Service (Attachments: # 1 Affidavit of Service)(Huddleston, Pat) (Entered: 09/18/2015) | |||
| 2015-09-21 | 51 | 0 | Minute Entry for proceedings held before Judge Mark H. Cohen: Contempt Hearing held on 9/21/2015. The Court notes that Defendant Lawler has failed to appear. After hearing from the SEC, the Court will issue an order within the next few days. See record for details. (Court Reporter Andy Ashley)(ddm) (Entered: 09/21/2015) | |||
| 2015-09-21 | 52 | 0 | ORDER finding that Defendant Thomas J. Lawler is in willful contempt of this Court's Orders of July 31, 2014, and August 8, 2014. Defendant Lawler is ordered to comply with the directives set forth in this Order no later than five o'clock on Monday, September 28, 2015. If Defendant Lawler fails to comply with this Order by five o'clock p.m. on Monday, September 28, 2015, then he shall pay a fine of one thousand ($1,000) dollars per day beginning on Tuesday, September 29, 2015, until he shall purge himself of his contempt. If Defendant Lawler has not fully complied with this Order by Monday, October 5, 2015, then the daily fme shall increase to two thousand ($2,000) dollars per day. If Defendant Lawler has not fully complied with this Order by October 13, 2015, upon motion supported by sworn statement or affidavit presented by the Commission, the Court intends to incarcerate Defendant Lawler until he shall purge himself of his contempt and compliance is complete. Any fine payable shall be delivered to the Clerk of Court by 3:00 p.m. in the afternoon of the day in which the funds are due to be paid. Signed by Judge Mark H. Cohen on 9/21/15. (ddm) (Entered: 09/21/2015) | |||
| 2015-11-20 | 53 | 0 | MOTION to Compel Defendant Lawler's Compliance through Incarceration by Securities And Exchange Commission. (Attachments: # 1 Exhibit A, # 2 Certificate of Service)(Huddleston, Pat) (Entered: 11/20/2015) | |||
| 2015-12-09 | 54 | 0 | ORDER directing that Defendant Lawler appear on January 6, 2016, at 11:00 A.M., in Room 1905 ofthe United States Courthouse, Richard B. Russell Federal Building, 75 Ted Turner Drive, S.W., Atlanta, Georgia to demonstrate why he should not be required to comply with the Court's Orders. IT IS FURTHER ORDERED that Defendant Lawler shall be personally served with a copy of this Order by the United States Marshals Service at 5077 Tanaga Court, Stone Mountain, Georgia, 30087, or at any other address where he is physically located. Signed by Judge Mark H. Cohen on 12/9/15. (ddm) (Entered: 12/09/2015) | |||
| 2015-12-16 | 55 | 0 | NOTICE Of Filing Response 54 Order to Show Cause by the USM regarding serving the order to Defendant Lawler. (jpa) (Entered: 12/16/2015) | |||
| 2016-01-04 | 56 | 0 | ORDERcontinuing the hearing scheduled for January 6, 2016. IT IS HEREBY ORDERED that Defendant Lawler appear on 1/26/2016 at 10:00 AM in ATLA Courtroom 1905 before Judge Mark H. Cohen. IT IS FURTHER ORDERED that the United States Marshals Service shall continue to attempt to serve Defendant Lawler with a copy of this Order and the December 9, 2015, Order at the address of 5077 Tanaga Court, Stone Mountain, Georgia, 30087, or at any other address where he is physically located. Signed by Judge Mark H. Cohen on 1/4/16. (jpa) (Entered: 01/04/2016) | |||
| 2016-01-26 | 57 | 0 | Minute Entry for proceedings held before Judge Mark H. Cohen: Show Cause Hearing held on 1/26/2016. The Court heard testimony from U.S. Marshal David Elmadolar regarding his efforts to serve the Defendant, Thomas Lawler. After reviewing the history of the case, the Court will issue an order requiring Defendant Lawler to voluntarily report to the U.S. Marshal Service. If DefendantLawler fails to report, the Court will issue a warrant for arrest. (Court Reporter Judith Wolff)(jpa) (Entered: 01/26/2016) | |||
| 2016-01-26 | 58 | 0 | ORDER granting 53 Motion to Compel. IT IS FURTHER ORDERED that Defendant Thomas J. Lawler is in CONTEMPT OF THIS COURT. IT IS FURTHER ORDERED that if Defendant Thomas J. Lawler fails to comply with this Court's Order of September 21, 2015, the Court COMMANDS Lawler to appear on February 9, 2016, at 10:00 A.M. in Courtroom 1905 of the Richard B. Russell Federal Building and United States Courthouse, 75 Ted Turner Drive, S.W., Atlanta, Georgia, 30303, to be incarcerated until he purges himself of civil contempt. If Lawler fails to appear before the Court on February 9, 2016, at 10:00 A.M., the Court will issue a bench warrant for his arrest. Signed by Judge Mark H. Cohen on 1/26/16. (jpa) (Entered: 01/26/2016) | |||
| 2016-01-27 | 59 | 0 | Return of Service Unexecuted by Securities And Exchange Commission as to Thomas J. Lawler. (jpa) (Entered: 01/27/2016) | |||
| 2016-02-09 | 60 | 0 | Minute Entry for proceedings held before Judge Mark H. Cohen: Contempt Hearing held on 2/9/2016. Defendant Thomas J. Lawler has again failed to appear. The Court made a record of the history of the case and issued a bench warrant for Mr. Lawler's arrest. (Court Reporter Judith Wolff)(jpa) (Entered: 02/09/2016) | |||
| 2016-02-09 | 61 | 0 | Arrest WARRANT issued as to Thomas J. Lawler. Signed by Judge Mark H. Cohen. (Original given to USM) (jpa) (Entered: 02/11/2016) |