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    SEC V Spongetech Et Al Doc 356 Filed 23 Feb 16

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    scion.scion
    Defendant Michael Metter appeals a September 2015 ruling and February 2016 final judgment ordering him to pay over $68 million in disgorgement, prejudgment interest, and civil penalties for securities law violations. The notice of appeal was filed in the Eastern District of New York by Metter's attorneys.

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    SEC V Spongetech Et Al Doc 356 Filed 23 Feb 16

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    scion.scion
    87 views3 pages
    Defendant Michael Metter appeals a September 2015 ruling and February 2016 final judgment ordering him to pay over $68 million in disgorgement, prejudgment interest, and civil penalties for securities law violations. The notice of appeal was filed in the Eastern District of New York by Metter's attorneys.

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    SEC v Spongetech Et Al Doc 356 Filed 23 Feb 16

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    Defendant Michael Metter appeals a September 2015 ruling and February 2016 final judgment ordering him to pay over $68 million in disgorgement, prejudgment interest, and civil penalties for securities law violations. The notice of appeal was filed in the Eastern District of New York by Metter's attorneys.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    87 views3 pages

    SEC V Spongetech Et Al Doc 356 Filed 23 Feb 16

    Uploaded by

    scion.scion
    Defendant Michael Metter appeals a September 2015 ruling and February 2016 final judgment ordering him to pay over $68 million in disgorgement, prejudgment interest, and civil penalties for securities law violations. The notice of appeal was filed in the Eastern District of New York by Metter's attorneys.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 3

    Case 1:10-cv-02031-DLI-RML Document 356 Filed 02/23/16 Page 1 of 3 PageID #: 9851

    UNITED STATES DISTRICT COURT


    EASTERN DISTRICT OF NEW YORK
    SECURITIES AND EXCHANGE
    COMMISSION,
    Plaintiff,
    Case No. 10 CV 2031 (DLI)(JMA)
    -againstSPONGETECH DELIVERY SYSTEMS, INC.,
    RM ENTERPRISES INTERNATIONAL, INC.,
    STEVEN Y. MOSKOWITZ, MICHAEL E.
    METTER, GEORGE SPERANZA, JOEL
    PENSLEY, and JACK HALPERIN,

    NOTICE OF APPEAL

    Defendants,
    and
    BLUE STAR MEDIA GROUP, INC.,
    BUSINESSTALKRADIO.NET ACQUISITION
    CORP.,
    Relief Defendants.

    PLEASE TAKE NOTICE that Defendant Michael E. Metter (Defendant) hereby


    appeals to the United States Court of Appeals for the Second Circuit from each and every part of
    the following: (i) the September 30, 2015 Memorandum and Order of Judge Dora L. Irizarry of
    the United States District Court for the Eastern District of New York Adopting Report and
    Recommendation (ECF No. 351); and (ii) the February 8, 2016 Final Judgment entered pursuant
    to Rule 54(b) of the Federal Rules of Civil Procedure as to Michael E. Metter by Judge Dora L.
    Irizarry of the United States District Court for the Eastern District of New York, dated February
    8, 2016, ordering that Defendant is liable for disgorgement of $52,236,995.00 representing
    profits gained as a result of the conduct alleged in the Amended Complaint together with
    prejudgment interest thereon in the amount of $9,693,568.75, and a civil penalty of
    $6,133,540.00, pursuant to Section 20(d) of the Securities Exchange Act of 1933 [15 U.S.C.

    Case 1:10-cv-02031-DLI-RML Document 356 Filed 02/23/16 Page 2 of 3 PageID #: 9852

    77t(d)] and Section 21(d)(3) of the Securities Act of 1934 [15 U.S.C. 78u(d)(3)]. (ECF No.
    355).
    Dated: February 23, 2016
    New York, New York
    THOMPSON HINE LLP
    By: /s/Maranda E. Fritz
    Maranda E. Fritz
    Tammy P. Bieber
    335 Madison Avenue, 12th Floor
    New York, New York 10017
    Tel. (212) 344-5680
    Maranda.Fritz@ThompsonHine.com
    Attorneys for Defendant
    Michael E. Metter
    To:
    CLERK OF THE COURT via ECF
    and
    U.S. SECURITIES & EXCHANGE COMMISSION via ECF
    Paul W. Kisslinger
    100 F. Street N.E.
    Washington, DC 20549
    202-551-4427
    kisslingerp@sec.gov
    Attorneys for Plaintiff
    U.S. Securities & Exchange Commission
    and
    All Defense Counsel of Record via ECF

    Case 1:10-cv-02031-DLI-RML Document 356 Filed 02/23/16 Page 3 of 3 PageID #: 9853

    CERTIFICATE OF SERVICE
    I hereby certify that on February 23, 2016 a copy of the foregoing was filed
    electronically. Notice of this filing will be sent to all parties by operation of the Court's
    electronic filing system. Parties may access this filing through the Court's system.

    /s/ Maranda E. Fritz


    Maranda E. Fritz

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