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.

/

LISA MCELHONE’S AND JOSEPH LAFORTE’S MOTION TO SUBMIT

THEIR PROPOSED ORDER ON ECF NO. 1843 NUNC PRO TUNC

Defendants, Lisa McElhone and Joseph LaForte, by and through their undersigned counsel,

hereby file this Motion seeking to submit their Proposed Order on the Receiver’s Motion (1) to 

Approve Proposed Treatment of Claims and (2) for Determination of Ponzi Scheme nunc pro tunc, 

and treat the Proposed Order as timely submitted on June 7, 2024. As support therefore, McElhone 

and LaForte state as follows: 

1. On April 22, 2204, the Receiver filed its Motion (1) to Approve Proposed Treatment 

of Claims and (2) for Determination of Ponzi Scheme [ECF No. 1843, the “Claim Motion”].

2. On May 7, 2024, McElhone and LaForte filed their Memorandum of Law in 

Opposition to Receiver’s Motion (1) to Approve Proposed Treatment of Claims and (2) for 

Determination of Ponzi Scheme [ECF No. 1890, the “Response in Opposition”].

3. Pursuant to the Court’s Omnibus Order on Claims Determination Process [ECF No. 

1944], all parties with an interest in the outcome of the Receiver’s Claim Motion were requested to 

submit a proposed order in support of, or in opposition to, the Claim Motion by June 7, 2024. 

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4. Due to the press of other deadlines in this matter and in undersigned counsel’s other 

cases (including, without limitation, the need to prepare for oral argument before the Eleventh Circuit 

Court of Appeals, which was conducted on June 12, 2024), as well as the complexity of the Claim 

Motion and Response in Opposition, and the need to prepare a fulsome proposed order addressing 

the various issues presented therein, McElhone and LaForte were unable to submit their Proposed 

Order on the Claim Motion until today’s date. 

5. As of this date, the Court has not yet entered a ruling on the Claim Motion. 

WHEREFORE, Lisa McElhone and Jospeh LaForte respectfully request that the Court accept 

their Proposed Order nunc pro tunc, treat it as though it had been timely submitted on June 7, 2024, 

and give it due consideration.

S.D. Fla L. R. 7.1(a)(3) Certification of Counsel

Counsel for Ms. McElhone and Mr. LaForte hereby certify that they have conferred with 

counsel for the Receiver in a good faith effort to resolve the issues raised in this motion and are 

authorized to state that the Receiver takes no position on the relief requested in this motion.

Respectfully submitted,

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KOPELOWITZ OSTROW 

FERGUSON WEISELBERG GILBERT

Attorneys for Defendant Joseph W. LaForte

One W. Las Olas Blvd., Suite 500 

Fort Lauderdale, Florida 33301

Tel: (954) 525-4100

By: /s/ David L. Ferguson

DAVID L. FERGUSON

Florida Bar Number: 0981737

Ferguson@kolawyers.com 

KAPLAN ZEENA LLP

Attorneys for Defendant Lisa McElhone

2 South Biscayne Blvd., Suite 3050

Miami, Florida 33131

Telephone: (305) 530-0800

Facsimile: (305) 530-0801 

By: /s/ James M. Kaplan

JAMES M. KAPLAN

Florida Bar No.: 921040

james.kaplan@kaplanzeena.com 

elizabeth.salom@kaplanzeena.com

service@kaplanzeena.com 

NOAH E. SNYDER

Florida Bar No.: 107415

noah.snyder@kaplanzeena.com

maria.escobales@kaplanzeena.com

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 14th day of June, 2024, I electronically filed the forgoing 

document with the clerk of the Court using CM/ECF. I also certify that the foregoing document is 

being served this day on counsel of record via transmissions of Notices of Electronic Filing generated 

by CM/ECF.

By: /s/ James M. Kaplan

 JAMES M. KAPLAN

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