big apple

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION U.S. SECURITIES AND EXCHANGE COMMISSION, Plaintiff, -vs- Case No. 6:09-cv-1963-Orl-28GJK BIG APPLE CONSULTING USA, INC., MJMM Carl Schoeppl INVESTMENTS, LLC, MARC JABLON, MATTHEW MAGUIRE Pro Se MARK C. KALEY Pro Se KEITH JABLON Pro Se Defendants. ______________________________________ JUDGE: John Antoon II U.S. District Judge DATE: February 28, 2013 DEPUTY CLERK: Darleen Darley COURT REPORTER: Amie First COUNSEL FOR PLTF.(S): Jeffrey T. Infelise and Duane K. Thompson COUNSEL FOR DEFT.(S): See above for counsel CIVIL CLERK’S MINUTES EVIDENTIARY HEARING ON REMEDIES PORTION OF TRIAL 9:05-9:30 a.m. Opening Statement by plaintiff. 9:30-9:50 a.m. Opening Statement by defendants Big Apple Consulting, MJMM Investments and Marc Jablon. Defendants advise the Court that they stipulate as to the penny stock bar and are willing to discuss stipulating to injunctive relief. 9:50-11:00 a.m. Court recesses to allow counsel and parties to discuss terms of stipulation and injunction. 11:00-11:05 a.m. Parties read stipulation into the record. With respect to the Defendants Marc Jablon, Big Apple and MJMM, the parties have stipulated there will be a permanent penny stock bar. Defendants have agreed to a permanent injunction. There will be $5.4 million in disgorgement and prejudgment interest that will be jointly and severally liable against Marc Jablon, Big Apple Consulting and MJMM Investments and a penalty, the amount to be determined after briefing by the parties. With respect to the defendant's Mark Kaley and Keith Jablon, they have stipulated to a permanent injunction and a penalty in an amount to be determined by the Court after briefing. With respect to defendant Mark McGuire, a permanent penny stock bar, a permanent injunction and a penalty, again, to be determined by the Court after briefing. With these stipulations, there is no need for a hearing today. Court requests stipulations be filed in writing within ten days from today’s date. 11:10 a.m. Court adjourned. Case 6:09-cv-01963-JA-GJK Document 221 Filed 02/28/13 Page 1 of 1 PageID 7417

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February 28, 2013 court hearing

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Page 1: Big Apple

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

ORLANDO DIVISION

U.S. SECURITIES AND EXCHANGE COMMISSION,

Plaintiff,

-vs- Case No. 6:09-cv-1963-Orl-28GJK

BIG APPLE CONSULTING USA, INC., MJMM Carl SchoepplINVESTMENTS, LLC, MARC JABLON, MATTHEW MAGUIRE Pro Se MARK C. KALEY Pro SeKEITH JABLON Pro Se

Defendants.______________________________________

JUDGE: John Antoon IIU.S. District Judge

DATE: February 28, 2013

DEPUTY

CLERK:Darleen Darley COURT

REPORTER:Amie First

COUNSEL FOR

PLTF.(S):Jeffrey T. Infelise and DuaneK. Thompson

COUNSEL FOR

DEFT.(S):See above for counsel

CIVIL CLERK’S MINUTESEVIDENTIARY HEARING ON REMEDIES PORTION OF TRIAL

9:05-9:30 a.m. Opening Statement by plaintiff.9:30-9:50 a.m. Opening Statement by defendants Big Apple Consulting, MJMM Investments and

Marc Jablon.Defendants advise the Court that they stipulate as to the penny stock bar and are willing to discuss stipulating to injunctive relief.

9:50-11:00 a.m. Court recesses to allow counsel and parties to discuss terms of stipulation and injunction.

11:00-11:05 a.m. Parties read stipulation into the record.With respect to the Defendants Marc Jablon, Big Apple and MJMM,

the parties have stipulated there will be a permanent penny stock bar. Defendants have agreed to a permanent injunction. There will be $5.4 million in disgorgement and prejudgment interest that will be jointly and severally

liable against Marc Jablon, Big Apple Consulting and MJMM Investments and a penalty, the amount to be determined after briefing by the parties. With respect to the defendant's Mark Kaley and Keith Jablon, they have stipulated

to a permanent injunction and a penalty in an amount to be determined by the Court after briefing. With respect to defendant Mark McGuire, a permanent penny stock bar, a permanent injunction and a penalty, again, to be determined by the Court after briefing. With these stipulations, there is no need for a hearing today.Court requests stipulations be filed in writing within ten days from today’s date.

11:10 a.m. Court adjourned.

Case 6:09-cv-01963-JA-GJK Document 221 Filed 02/28/13 Page 1 of 1 PageID 7417