Securities and Exchange Commission v. Kramer et al

Filing 44

OPINION & ORDER re: 43 JOINT LETTER MOTION to Adjourn Conference (Currently Scheduled for March 11) addressed to Judge Edgardo Ramos from All Parties dated 03/06/2025. filed by Securities and Exchange Commission, 27 MOTION to Dis miss . filed by 1800 Diagonal Lending, LLC, Curt Kramer, Power Up Lending Group Ltd, Geneva Roth Remark Holdings, Inc.. There is a motion to dismiss currently pending in this matter, as well as oral argument on that motion scheduled fo r March 11, 2025. However, on March 6, 2025, the parties filed a letter notifying the Court that they "have been negotiating a potential resolution of this case and, following those negotiations, the SEC's Division of Enforcement is now in the process of submitting the proposed resolution to the Commission for formal approval." Doc. 43. The parties therefore request an adjournment of the March 11, 2025 oral argument, arguing that "[t]he requested adjournment will likely a void additional fees, costs, and burdens associated with preparation for oral argument and continued litigation, and a resolution would similarly conserve judicial resources by obviating the need for the Court to resolve the Defendants' pendin g motion to dismiss." Id. In light of the aforementioned, Defendants' motion to dismiss, Doc. 27, is placed off calendar, subject to renewal by letter motion following the conclusion of any settlement efforts. The request to adjourn the March 11, 2025 oral argument is granted. The Clerk of Court is respectfully directed to terminate the motion to dismiss, Doc. 27, as well as the letter request to adjourn the March 11 oral argument, Doc. 43. It is SO ORDERED. (Signed by Judge Edgardo Ramos on 3/10/2025) (jca)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SECURITIES AND EXCHANGE COMISSION, Plainti?, – against – OPINION & ORDER CURT KRAMER, POWER UP LENDING GROUP, LTD., GENEVA ROTH REMARK HOLDING, INC., and 1800 DIAGONAL LENDING, LLC, 24 Civ. 3498 (ER) Defendants. RAMOS, D.J.: ?ere is a motion to dismiss currently pending in this matter, as well as oral argument on that motion scheduled for March 11, 2025. However, on March 6, 2025, the parties ?led a letter notifying the Court that they “have been negotiating a potential resolution of this case and, following those negotiations, the SEC’s Division of Enforcement is now in the process of submitting the proposed resolution to the Commission for formal approval.” Doc. 43. ?e parties therefore request an adjournment of the March 11, 2025 oral argument, arguing that “[t]he requested adjournment will likely avoid additional fees, costs, and burdens associated with preparation for oral argument and continued litigation, and a resolution would similarly conserve judicial resources by obviating the need for the Court to resolve the Defendants’ pending motion to dismiss.” Id. In light of the aforementioned, Defendants’ motion to dismiss, Doc. 27, is placed o? calendar, subject to renewal by letter motion following the conclusion of any settlement e?orts. ?e request to adjourn the March 11, 2025 oral argument is granted. ?e Clerk of Court is respectfully directed to terminate the motion to dismiss, Doc. 27, as well as the letter request to adjourn the March 11 oral argument, Doc. 43. It is SO ORDERED. Dated: March 10, 2025 New York, New York EDGARDO RAMOS, U.S.D.J. 2

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