SDNY CM/ECF Version 3.2.2 QueryReportsvUtilitiesvLogout CLOSEDU.S. District CourtUnited States District Court for the Southern District of New York (FoleySquare)CIVIL DOCKET FOR CASE #: 1:92-cv-08314-JESSecurities & Exchang, et al v. Avellino & Bienes, et alAssigned to: Judge John E. SprizzoDemand: $0Cause: 15:78m(a) Securities Exchange ActDate Filed: 11/25/1992Date Terminated: 09/07/1993Jury Demand: NoneNature of Suit: 850 Securities/CommoditiesJurisdiction: U.S. Government PlaintiffPlaintiffA, B and CTERMINATED: 11/25/1992PlaintiffSecurities and Exchange Commission represented byRichard H. Walker7 World Trade Center, 12th FloorNew York , NY 10048(212) 748-8097LEAD ATTORNEYV.DefendantD, E and FTERMINATED: 11/25/1992DefendantAvellino & Bienes represented byIra Lee SorkinCarter Ledyard & Milburn LLP2 Wall StreetNew York , NY 10005212 896 3710Fax: 212 997 9880Email: sorkini@dsmo.comLEAD ATTORNEYDefendantFrank J. Avellino represented byIra Lee Sorkin(See above for address)LEAD ATTORNEYDefendantMichael S. Bienes represented byIra Lee Sorkin(See above for address)LEAD ATTORNEYDate Filed#Docket Text 11/18/19921 ORDER, sealing case ( signed by Judge Kenneth Conboy ); Copies

mailed (la) (Entered: 11/19/1992)11/18/19922 Case information Statement Addendum filed. Purs. to statement,it is suggested that the case be classified as Unknown at this time. (la)(Entered: 11/19/1992) 11/18/19925 SEALED DOCUMENT placed in vault per order of KC dtd. 11/17/92(mk) (Entered: 12/01/1992) 11/24/19926 SEALED DOCUMENT placed in vault per order of JES dtd. 11/23/92(mk) (Entered: 12/01/1992) 11/25/19923 ORDER, for preliminary injunction enjoining defts, theiragents, etc. from directly or indirectly, singly or in concert, violatingSection 5(a) of the Sec. Act (15 USC 77e(a), etcc...; Lee S. Richards ofthe law firm Richards Spears Ribbe & Orbe, be appointed Trustee , and allpapers fld. with the the Court shall be fld. in sealed envelopes,indicating the words "Confidential Information", etc.; The Clerk shallremove the seal from such papers on 11-25-92, unless otherwise directed bythe Court... SO ORDERED, CONBOY, J. (Part I) (from Sealed envelope #1) (signed by Judge Kenneth Conboy ) (mk) Modified on 11/30/1992 (Entered:11/30/1992) 11/25/19924 COMPLAINT filed; Summons issued and Notice pursuant to 28U.S.C. 636(c); JURY TRIAL DEMANDED (from sealed Envelope #1) (mk) Modifiedon 11/30/1992 (Entered: 11/30/1992) 11/25/19928 STIPULATION and AMNEDMENT TO ORDER, that the order is amendedinsofar as it requires redemption to the following accounts numbered... ,and the Trustee shall establish an interes-bearing acct. into which heshall deposit the funds in the above accts. until such time as, in theTrustee's jgmt, no court order or other assignment or attachment, or legalprocess prevents the transfer of such funds... SO ORDERED, SPRIZZO, J.(from sealed envelope #2) ( signed by Judge John E. Sprizzo ). (mk)(Entered: 12/02/1992) 12/01/19927 SECOND STIPULATION and AMENDMENT TO ORDER, that the Order isamended insofar as it requires redemption of the following accontsnumbered... , and the Trustee shall establish an interest-bearing acct.into which he shall deposit the funds in the above accts until such timeas, in the Trustee's jgmt, the funds should be distributed ( signed byJudge John E. Sprizzo ). (mk) Modified on 12/01/1992 (Entered: 12/01/1992) 12/21/19929 NOTICE of change of address by Richard H. Walker, RegionalAdministrator, attorney for Securities and Exchange Commission. NewAddress: 7 World Trade Center, 12th Floor, New York N.Y. 10048. Tel: (212)748-8097. (jr) (Entered: 12/22/1992) 12/30/199210 STIPULATION and ORDER, extending time for Price Waterhouse tosubmit a report on its findings to January 15, 1993 ( signed by Judge JohnE. Sprizzo ). (jr) (Entered: 12/30/1992) 01/06/199311 ANSWER to Complaint by Avellino & Bienes, Frank J. Avellino,Michael S. Bienes (Attorney Ira Lee Sorkin), ; Firm of: Squadron EllenoffPlesent Sheinfeld & Sorkin by attorney Ira Lee Sorkin for defendantMichael S. Bienes (jr) (Entered: 01/06/1993) 01/14/199312 STIPULATION and ORDER, to amend paragraph IV C of the order

dated November 17, 1992 to extend the time to January 19, 1993 for PriceWaterhouse to submit a report on its findings ( signed by Judge John E.Sprizzo ). (jr) (Entered: 01/15/1993) 01/21/199315 ORDER, for Kathryn A. Ashbaugh, Esq. to appear pro hac vicefor plaintiff, Securities and Exchange Commission ( signed by Judge JohnE. Sprizzo ); Copies mailed (jr) (Entered: 01/25/1993) 01/25/199313 STIPULATION and ORDER, that the $317,654.00 relating to aclaim made by Telfran Associates should remain in the Chemical BankAccount of Avellino & Bienes No. 611120216 until the Trustee determinesthat, in his judgment, the funds should be disbursed, etc.. , andextending time for Price Waterhouse to file its report with the Court toJanuary 28, 1993 at 5:00 p.m. ( signed by Judge John E. Sprizzo ). (jr)(Entered: 01/25/1993) 01/25/199314 ORDER, the Price Waterhouse audit shall be completed on orbefore January 24, 1993 at 6:00 p.m. , and the Trustee shall file anapplication for fees on or before 2/22/93 with defendant's response setfor 2/5/93 , and set pretrial conference for 1:00 3/5/93 ( signed by JudgeJohn E. Sprizzo ); Copies mailed (jr) (Entered: 01/25/1993) 02/09/199316 STIPULATION and ORDER, extending time for Price Waterhouseand the Trustee to file fee applications to February 19, 1993 ( signed byJudge John E. Sprizzo ). (jr) (Entered: 02/10/1993) 02/19/199317 STIPULATION and ORDER, extending time for Price and theTrustee to tile the fee applications to 2/26/93 and extending the time fordefendants to file their response to such fee applications to 3/12/93 (signed by Judge John E. Sprizzo ). (jr) (Entered: 02/22/1993) 02/26/199318 NOTICE OF MOTION by Avellino & Bienes, Frank J. Avellino,Michael S. Bienes for an order approving the payment of fees, costs andexpenses of the Trustee and Price Waterhouse for November 1192 throughJanuary 1993 (pursuant to Paragraph IV B.8 of the November 17, 1992Consent Order , and and for an order ordering Frank J. Avellino andMichael S. Bienes to pay any amount in excess of the $250,000 set asidepursuant to the Order , Return date 3/19/93 (jr) (Entered: 02/26/1993) 02/26/199319 AFFIDAVIT in support of Frederick M. Werblow by Avellino &Bienes, Frank J. Avellino, Michael S. Bienes Re: [18-1] motion for anorder approving the payment of fees, costs and expenses of the Trustee andPrice Waterhouse for November 1192 through January 1993 (pursuant toParagraph IV B.8 of the November 17, 1992 Consent Order, [18-2] motion andfor an order ordering Frank J. Avellino and Michael S. Bienes to pay anyamount in excess of the $250,000 set aside pursuant to the Order (jr)(Entered: 02/26/1993) 02/26/199320 AFFIDAVIT in support of Lee S. Richards, III by Avellino &Bienes, Frank J. Avellino, Michael S. Bienes Re: [18-1] motion for anorder approving the payment of fees, costs and expenses of the Trustee andPrice Waterhouse for November 1192 through January 1993 (pursuant toParagraph IV B.8 of the November 17, 1992 Consent Order, [18-2] motion andfor an order ordering Frank J. Avellino and Michael S. Bienes to pay anyamount in excess of the $250,000 set aside pursuant to the Order (jr)(Entered: 02/26/1993) 03/12/199321 ORDER, set discovery due for 6/4/93 , and set motion for fees