UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 1:20-CV-21808-RNS

TODD BENJAMIN INTERNATIONAL, LTD. and

TODD BENJAMIN, individually and on behalf of

all others similarly situated, and derivatively on

behalf of the TCA Global Credit Master Fund, L.P.,

TCA Global Credit Fund, LP, and TCA Global

Credit Fund, Ltd.,

Plaintiffs,

v.

TCA FUND MANAGEMENT GROUP CORP., a

Florida corporation, ROBERT PRESS, ALYCE

SCHREIBER, WILLIAM FICKLING, THOMAS

DAY, PATRICK PRIMAVERA, DONNA

SILVERMAN, and TARA ANTAL,

Defendants.

__________________________________________/

PLAINTIFFS’ MOTION TO LIFT STAY TO FILE AMENDED COMPLAINT

Plaintiffs, Todd Benjamin International, Ltd. and Todd Benjamin (“Plaintiffs”), 

individually and behalf of all others similarly situated, move for an order lifting the stay of this 

action and administratively reopening the action so that Plaintiffs may file an Amended Complaint. 

In support thereof, Plaintiffs state as follows:

1. Plaintiffs, individually and on behalf of a putative class of investors, filed this action 

on April 30, 2020, seeking damages and other relief against TCA Fund Management Group Corp., 

along with related entities, officers, and directors (collectively, the “TCA Defendants”), in 

connection with a scheme to improperly inflate the value of assets and hide substantial losses in a 

private equity fund. [See D.E. 1]. 

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2. Shortly thereafter, on May 11, 2020, Judge Altonaga entered an order (the 

“Receivership Order”) appointing Jonathan E. Perlman as receiver over TCA Fund Management 

Group Corp., TCA Global Credit Fund GP, Ltd., TCA Global Credit Fund, LP, TCA Global Credit 

Fund, Ltd. and TCA Global Credit Master Fund, LP (the “Receivership Entities”) in a related 

enforcement action brought by the Securities and Exchange Commission (the “SEC”). See 

Securities and Exchange Commission v. TCA Fund Management Group Corp. et al., No. 20-

21964-CIV-ALTONAGA (S.D. Fla.) (the “SEC Action”). The Receivership Order also enjoins 

and stays claims against the Receivership Entities and their officers, directors, or managers. 

3. As a result, on June 22, 2020, Plaintiffs and the Receiver submitted a Joint Motion 

for Entry of an Order Staying and Administratively Closing This Case. [D.E. 15]. Plaintiffs 

acknowledged the effect of the Receivership Order and agreed that entry of an order staying and 

administratively closing the case was appropriate under the circumstances. 

4. That same day, the Court entered an Order Administratively Staying and 

Administratively Closing This Case (the “Stay Order”). [D.E. 16]. In relevant part, the Stay Order 

contemplates revision to the stay upon changed circumstances:

In the event that Judge Altonaga’s stay is lifted in whole, or in relevant part, or 

additional parties are added to this case for which the stay would not apply, either 

party shall promptly notify the Court and seek an appropriate revision of this stay, 

if warranted.

[D.E. 16 at 2]. 

5. Since entry of the Stay Order, Plaintiffs have continued investigating their claims 

against the TCA Defendants and others, and have entered into a Litigation Coordination 

Agreement with the Receiver, which was recently approved by Judge Altonaga on August 9, 2022.

(SEC Action at D.E. 288). 

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6. Plaintiffs’ investigation suggests that certain third parties assisted the TCA 

Defendants in misleading investors and made misrepresentations of their own to the detriment of 

Plaintiffs and the Class. Accordingly, Plaintiffs seek to amend their Complaint to bring claims 

against Grant Thornton International Ltd., Grant Thornton Cayman Islands, Grant Thornton 

Ireland, Bolder Fund Services (USA), LLC, and Bolder Fund Services (Cayman), Ltd.

7. Moreover, given the appointment of the Receiver, whose charge it is to preserve 

and maximize the assets of the Receivership Entities for the benefit of investors and creditors, and 

the continuing injuctive effect of the Receivership Order, Plaintiffs seek to dismiss their claims 

against the TCA Defendants without prejudice. 

8. In connection with Plaintiffs’ revised claims, Plaintiffs obtained Judge Altonaga’s 

confirmation in the SEC Action that this Motion and Plaintiffs’ amended pleading would not 

violate the litigation stay imposed by the Receivership Order. (SEC Action at D.E. 297). 

Modification of the Stay Order therefore is appropriate given Plaintiffs’ intent to assert claims 

beyond the scope of the Receivership Order and that are not directed against the Receivership 

Entities.

9. Plaintiffs thus submit that, pursuant to Federal Rule of Civil Procedure 15, 

amendment is proper and the stay affecting this case should be lifted so that Plaintiffs can prosecute 

their case against those who assisted the TCA Defendants. See Fed. R. Civ. P. 15(a)(2) (“The 

court should freely give leave when justice so requires.”). 

10. Indeed, the amendment sought would, as a practical matter, place this action beyond 

the scope of the Receivership Order because it would not assert claims against the Receivership 

Entities or their officers or directors. The concerns underlying the Stay Order therefore would be 

inapplicable going forward. 

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11. Pursuant to Local Rule 15.1, a copy of Plaintiffs’ proposed Amended Complaint is 

attached hereto as Exhibit A.

12. For the foregoing reasons, Plaintiffs ask the Court to lift the stay and permit them 

to file their Amended Complaint. 

13. Local Rule 7.1(a)(3) Certification: Counsel for Plaintiffs have conferred with the 

Receiver regarding the relief requested herein. The Receiver approves the relief. 

WHEREFORE, Plaintiffs respectfully request entry of an order lifting the stay entered 

pursuant to the Stay Order, administratively reopening the case, and permitting Plaintiffs to file 

their Amended Complaint, along with such other relief the Court deems just and proper. A 

proposed Order is attached as Exhibit B. 

Date: August 29, 2022. Respectfully submitted,

WEINBERG WHEELER HUDGINS

GUNN & DIAL, LLC

SILVER LAW GROUP

/s/Aaron M. Cohn

Aaron M. Cohn, Esq.

Florida Bar No.: 95552

Weinberg Wheeler Hudgins 

Gunn & Dial, LLC

2601 South Bayshore Drive

Suite 1500

Miami, FL 33133

T: (305) 455-9500

F: (305) 455-9501

E-mail: acohn@wwhgd.com

dmallqui@wwhgd.com

mferrer@wwhgd.com

Counsel for Plaintiffs

/s/ Scott L. Silver

Scott L. Silver

Fla. Bar No. 095631

11780 W. Sample Road

Coral Springs, Florida 33065

T: (954) 755-4799

F: (954) 755-4684

E-mail: ssilver@silverlaw.com

rfeinberg@silverlaw.com

Counsel for Plaintiffs

GIBBS LAW GROUP LLP

/s/ David Stein

David Stein (pro hac vice to be submitted)

LEVINE KELLOGG LEHMAN 

SCHNEIDER + GROSSMAN LLP

/s/ Jason Kellogg

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Kyla J. Gibboney (pro hac vice to be submitted)

505 14th Street, Suite 1110

Oakland, CA 94612

T: (510) 350-9700

F: (510) 350-9701 

E-mail: ds@classlawgroup.com

kjg@classlawgroup.com

Counsel for Plaintiffs

Jeffrey C. Schneider, P.A.

Florida Bar No. 933244

Primary: jcs@lklsg.com

Secondary: ph@lklsg.com

Jason K. Kellogg, P.A. 

Florida Bar No. 0578401

Primary: jk@lklsg.com

Secondary: ame@lklsg.com

Victoria J. Wilson

Florida Bar. No. 0092157

Primary: vjw@lklsg.com

Secondary: cf@lklsg.com

Marcelo Diaz-Cortes

Florida Bar No. 118166

Primary: md@lklsg.com

Secondary: cf@lklsg.com

Miami Tower

100 SE 2nd Street, 36th Floor

Miami, Florida 33131

Telephone: 305.403.8788

Facsimile: 305.403.8789

Counsel for Plaintiffs

CERTIFICATE OF SERVICE

I hereby certify that, on, a true and correct copy of the foregoing has been served upon all counsel 

of record identified on the attached Service List via electronic mail.

/s/ Jason Kellogg

JASON K. KELLOGG, P.A.

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