UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 20-CV-81205-RAR

SECURITIES AND EXCHANGE 

COMMISSION,

Plaintiff,

v.

COMPLETE BUSINESS SOLUTIONS 

GROUP, INC. d/b/a PAR FUNDING, et al.,

Defendants.

______________________________________/

ORDER GRANTING RECEIVER’S MOTION TO REIMPOSE LITIGATION STAY AS 

TO CLAIMS AGAINST ECKERT SEAMANS AND/OR JOHN W. PAUCIULO

THIS CAUSE comes before the Court upon Ryan K. Stumphauzer, Court-Appointed 

Receiver’s, Motion to Reimpose Litigation Stay as to Claims against Eckert Seamans Cherin & 

Mellott, LLC and John W. Pauciulo [ECF No. 1598] (“Motion”). The Court has carefully 

reviewed the Motion, the caselaw, and the record in this matter. Accordingly, for the reasons 

stated herein and in the Motion, it is hereby

ORDERED AND ADJUDGED as follows:

1. The Motion [ECF No. 1598] is GRANTED.

2. The Receiver has notified the Court that the Receiver and counsel for investor plaintiffs 

in various actions have reached an agreement in principle to resolve the Receivership Entities’ 

claims and the investor plaintiffs’ claims against Eckert Seamans Cherin & Mellott, LLC (“Eckert 

Seamans”) and John W. Pauciulo, which would result in a substantial payment into the 

Receivership Estate.

3. In light of the foregoing, the stay of all litigation involving the Receivership Entities 

and any Receivership Property (“Litigation Stay”) in the August 13, 2020, Amended Order 

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Appointing Receiver [ECF No. 141] (“Appointment Order”) is hereby REIMPOSED over any 

case against Eckert Seamans Cherin & Mellott, LLC and/or John W. Pauciulo that involves 

Complete Business Solutions Group, Inc., regardless of whether a Receivership Entity is a party, 

including but not limited to the following actions:

a. Melchior v. Vagnozzi, et al., No. 20-5562 (E.D. Pa. 2020);

b. Montgomery, et al. v. Eckert Seamans Cherin & Mellott, LLC, et al., No. 20-cv23750 (S.D. Fla. 2020);

c. Parker, et al. v. Pauciulo, et al., No. 20-00892 (Phila. Ct. Com. Pl. 2020);

d. Dean Vagnozzi v. Pauciulo, et al., No. 210402115 (Phila Ct. Com. Pl. 2021);

e. Albert Vagnozzi, et al. v. Pauciulo, et al., No. 210502334 (Phila Ct. Com. Pl. 2021); 

and

f. Legacy Advisory Group, Inc., et al. v. Pauciulo, et al., No. 211001003 (Phila Ct. 

Com. Pl. 2021).1

4. The Receiver shall file a status report within 30 days from the date of this Order to 

update the Court on the progress of finalizing and seeking the Court’s approval of the settlement 

with Eckert Seamans and John W. Pauciulo.

DONE AND ORDERED in Miami, Florida, this 29th day of June, 2023.

________________________________

RODOLFO A. RUIZ II

UNITED STATES DISTRICT JUDGE

1

 In its Order dated September 8, 2022 [ECF No. 1398], the Court maintained the Litigation Stay in one 

additional pending action, Caputo, et al. v. Vagnozzi, et al., No. 20-cv-01042 (D. Del. 2020), which includes 

claims against Dean Vagnozzi, Eckert Seamans, and John W. Pauciulo, as well as claims against several 

Receivership Entities, including ABetterFinancialPlan.com, LLC, ABFP Management Company, LLC, 

ABFP Income Fund LLC, ABFP Income Fund 2, L.P., ABFP Income Fund 3, LLC, ABFP Income Fund 

4, LLC, ABFP Income Fund 6, LLC, ABFP Income Fund Parallel LLC, ABFP Income Fund 2 Parallel, 

L.P., ABFP Income Fund 3 Parallel, LLC, ABFP Income Fund 4 Parallel, LLC, and ABFP Income Fund 6 

Parallel, LLC. The Litigation Stay shall remain in place as to that action.

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