SEC v. Big Apple Consulting USA, Inc. et al Doc 205 filed 11 Jan 13.pdf

IN THE UNITED STATES DISTRICT COURTFOR THE MIDDLE DISTRICT OF FLORIDA

ORLANDO DIVISION

U.S. SECURITIES AND EXCHANGECOMMISSION, Case No. 6:09-cv-1963-Orl-28GJK

Plaintiff,

v.

BIG APPLE CONSULTING USA, INC.,MJMM INVESTMENTS, LLC,MARC JABLON,MATTHEW MAGUIRE,MARK C. KALEY, andKEITH JABLON,

Defendants.____________________________________/

UNOPPOSED MOTION BY BIG APPLE CONSULTING USA, INC., MJMM INVESTMENTS, LLC, AND MARC JABLON

FOR CONTINUANCE OF EVIDENTIARY HEARING SCHEDULED FOR FEBRUARY 28, 2013

Pursuant to M.D. Fla. L.R. 3.01 and 3.09, Defendants Big Apple Consulting, USA,

Inc. (“Big Apple”), MJMM Investments, LLC (“MJMM”), and Marc Jablon (“Mr. Marc

Jablon”) (collectively, the “Big Apple Defendants”), by and through their undersigned

counsel, hereby move, with no opposition from the Plaintiff Securities and Exchange

Commission (“SEC”), for an Order continuing the evidentiary hearing presently scheduled

for February 28, 2013 and, in support thereof, state as follows:

I. EVIDENTIARY HEARING ON REMEDY PORTION OF TRIAL

1. On motion by the Plaintiff SEC, the Court entered an Order [DE 203] on

November 21, 2012 re-opening discovery for a period of 60 days “to obtain evidence

Case 6:09-cv-01963-JA-GJK Document 205 Filed 01/11/13 Page 1 of 5 PageID 7052

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relevant to the remedies issue . . .” and scheduled an evidentiary hearing on the remedies

portion of the trial for April 18, 2013. (The Court had earlier indicated, at a hearing on

November 19, 2012, that it would devote an entire day to hearing the evidence related to

remedies presented by the parties. See Minute Entry, DE 202.

2. Accordingly, counsel for the SEC and the Big Apple Defendants reserved the

day of April 18, 2013 on their calendars for the evidentiary hearing.

3. On December 27, 2012, the Court entered a subsequent Order rescheduling

the evidentiary hearing for February 28, 2013.

II. CRIMINAL TRIAL SCHEDULING CONFLICT

4. The undersigned counsel for the Big Apple Defendants also represents

Defendant Scott A. Haire in the criminal action captioned United States of America v. Scott

Haire and Douglas Martin, Case No. 12-60133-CR-WILLIAMS (S.D. Fla.) (the “Haire

Criminal Case”).

5. The Haire Criminal Case has been set down for trial during the two-week

period commencing on February 25, 2013, Haire Docket Entry, DE 52, attached hereto as

Exhibit A.

6. Consequently, the undersigned counsel for the Big Apple Defendants has a

direct scheduling conflict with the evidentiary hearing scheduled for February 28, 2012 in

the present matter.


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WHEREFORE, the Big Apple Defendants, by and through their undersigned

counsel, respectfully request, without opposition from the SEC, that the Court grant this

Motion and reschedule the evidentiary hearing presently set for February 28, 2013 to a date

on or after March 15, 2013 and enter such other and further relief as the Court deems just

and proper.

CERTIFICATION PURSUANT TO M.D. FLA. L.R. 3.01(g)

I HEREBY CERTIFY that the undersigned has conferred with Jeffery T. Infelise,

Esq., counsel for the SEC, in a good faith effort to resolve the issues raised in this motion

and Mr. Infelise stated that the SEC does not oppose the relief sought herein.

CERTIFICATION PURSUANT TO M.D. FLA. L.R. 3.09(d)

By signature below, counsel for the Big Apple Defendants certifies that they have

been informed of this Motion and have consented to it.

Dated: January 10, 2013 Respectfully submitted,

s/ Carl F. Schoeppl, Esq.Carl F. Schoeppl, Trial CounselFlorida Bar No. 818518Counsel for Defendants Big Apple ConsultingUSA, Inc.; MJMM Investments LLC; andMarc JablonSCHOEPPL & BURKE, P.A.4651 North Federal HighwayBoca Raton, Florida 33431-5133Telephone: (561) 394-8301Facsimile: (561) 394-3121E-Mail: [email protected]


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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on January 10, 2013, I electronically filed the foregoing

with the Clerk of Court by using the CM/ECF system which will send a Notice of Electronic

Filing to the following: Jeffrey Thomas Infelise, Esq., counsel for the Plaintiff, U.S.

Securities and Exchange Commission. In addition, the foregoing is being served on the pro

se Defendants identified below by electronic mail and United States mail.

s/ Carl F. Schoeppl, Esq.Carl F. Schoeppl. Esq.Counsel for Defendants Big AppleConsulting USA, Inc.; MJMMInvestments LLC; and Marc Jablon;

Party Method ofService

Name, Address, Telephone, andFacsimile of Party’s Counsel

U.S. Securities andExchange Commission,Plaintiff

CM/ECF Jeffrey T. Infelise, Esq.Securities and Exchange Commission100 F Street, N.E.Washington, D.C. 20549-4010Telephone: (202) 551-4904Facsimile: (202) 772-9362Email: [email protected]

Matthew Maguire, prose Defendant

United StatesMail andelectronic mail

Matthew Maguire8645 Spikerush CourtSanford, Florida 32771Telephone: (407) 234-9885Email: [email protected]

Mark C. Kaley, pro seDefendant


Mark C. Kaley14924 Gaulberry RunWinter Garden, Florida 34787Telephone: (407) 394-5881Email: [email protected]


Party Method ofService

Name, Address, Telephone, andFacsimile of Party’s Counsel

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Keith Jablon, pro seDefendant


Keith Jablon329 Blue Stone CircleWinter Garden, Florida 34787Telephone: (304) 888-4520 Email: [email protected]

F:\Big Apple - SEC\Pleadings\MotionforContinuanceofEvidentiaryHearing 01 07 13.wpd


Documents

SEC v. Big Apple Consulting USA, Inc. et al Doc 205 filed 11 Jan 13.pdf