Case 1:10-cv-02031-DLI-RML Document 356 Filed 02/23/16 Page 1 of 3 PageID #: 9851

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK
SECURITIES AND EXCHANGE
COMMISSION,
Plaintiff,
Case No. 10 CV 2031 (DLI)(JMA)
-againstSPONGETECH DELIVERY SYSTEMS, INC.,
RM ENTERPRISES INTERNATIONAL, INC.,
STEVEN Y. MOSKOWITZ, MICHAEL E.
METTER, GEORGE SPERANZA, JOEL
PENSLEY, and JACK HALPERIN,

NOTICE OF APPEAL

Defendants,
and
BLUE STAR MEDIA GROUP, INC.,
BUSINESSTALKRADIO.NET ACQUISITION
CORP.,
Relief Defendants.

PLEASE TAKE NOTICE that Defendant Michael E. Metter (Defendant) hereby

appeals to the United States Court of Appeals for the Second Circuit from each and every part of
the following: (i) the September 30, 2015 Memorandum and Order of Judge Dora L. Irizarry of
the United States District Court for the Eastern District of New York Adopting Report and
Recommendation (ECF No. 351); and (ii) the February 8, 2016 Final Judgment entered pursuant
to Rule 54(b) of the Federal Rules of Civil Procedure as to Michael E. Metter by Judge Dora L.
Irizarry of the United States District Court for the Eastern District of New York, dated February
8, 2016, ordering that Defendant is liable for disgorgement of $52,236,995.00 representing
profits gained as a result of the conduct alleged in the Amended Complaint together with
prejudgment interest thereon in the amount of $9,693,568.75, and a civil penalty of
$6,133,540.00, pursuant to Section 20(d) of the Securities Exchange Act of 1933 [15 U.S.C.

Case 1:10-cv-02031-DLI-RML Document 356 Filed 02/23/16 Page 2 of 3 PageID #: 9852

77t(d)] and Section 21(d)(3) of the Securities Act of 1934 [15 U.S.C. 78u(d)(3)]. (ECF No.
355).
Dated: February 23, 2016
New York, New York
THOMPSON HINE LLP
By: /s/Maranda E. Fritz
Maranda E. Fritz
Tammy P. Bieber
335 Madison Avenue, 12th Floor
New York, New York 10017
Tel. (212) 344-5680
Maranda.Fritz@ThompsonHine.com
Attorneys for Defendant
Michael E. Metter
To:
CLERK OF THE COURT via ECF
and
U.S. SECURITIES & EXCHANGE COMMISSION via ECF
Paul W. Kisslinger
100 F. Street N.E.
Washington, DC 20549
202-551-4427
kisslingerp@sec.gov
Attorneys for Plaintiff
U.S. Securities & Exchange Commission
and
All Defense Counsel of Record via ECF

Case 1:10-cv-02031-DLI-RML Document 356 Filed 02/23/16 Page 3 of 3 PageID #: 9853

CERTIFICATE OF SERVICE
I hereby certify that on February 23, 2016 a copy of the foregoing was filed
electronically. Notice of this filing will be sent to all parties by operation of the Court's
electronic filing system. Parties may access this filing through the Court's system.

/s/ Maranda E. Fritz

Maranda E. Fritz