LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine Polk Failla from Elliot Greenfield dated July 6, 2023 re: [396] LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Katherine Polk Failla from Andrew R. Dunlap and Todd M. Schneider dated June 30, 2023. / B/T Defendants' Opposition to Plaintiffs' Request for Pre-Motion Conference. Document filed by BFXNA Inc., BFXWW Inc., Giancarlo Devasini, DigFinex Inc., Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, iFinex Inc., Ludovicus Jan van der Velde..(Greenfield, Elliot)
ORDER granting [399] Letter Motion to Seal. Application GRANTED. The Clerk of Court is directed to terminate the pending motion at docket entry 399.. (Signed by Judge Katherine Polk Failla on 7/6/2023) (rro)
LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine Polk Failla from Andrew R. Dunlap and Todd M. Schneider dated July 5, 2023 re: [392] LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Katherine Polk Failla from Elliot Greenfield dated June 28, 2023. . Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, Jason Leibowitz, Matthew Script. (Attachments: # (1) Exhibit 1 (FILED UNDER SEAL), # (2) Exhibit 2 (FILED UNDER SEAL), # (3) Exhibit 3 (FILED UNDER SEAL), # (4) Exhibit 4 (FILED UNDER SEAL), # (5) Exhibit 5 (FILED UNDER SEAL), # (6) Exhibit 6 (FILED UNDER SEAL), # (7) Exhibit 7 (FILED UNDER SEAL)).(Dunlap, Andrew)
***SELECTED PARTIES***LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine Polk Failla from Andrew R. Dunlap and Todd M. Schneider dated July 5, 2023 re: [392] LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Katherine Polk Failla from Elliot Greenfield dated June 28, 2023. . Document filed by Benjamin Leibowitz, Jason Leibowitz, Aaron Leibowitz, Matthew Script, Pinchas Goldshtein, BFXNA Inc., BFXWW Inc., Bittrex, Inc., Crypto Capital Corp., David Crystal, Giancarlo Devasini, DigFinex Inc., Joseph Ebanks, Joseph Ebanks, Bryan Faubus, Reginald Fowler, Global Trade Solutions AG, John Does 1-50, Adam Kurtz, David Leibowitz, Poloniex, LLC, Philip G. Potter, Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, Eric Young, iFinex Inc., Ludovicus Jan van der Velde. (Attachments: # (1) Exhibit 1 - May 30, 2023 Letter from S. Shivji, # (2) Exhibit 2 - PLTF_00016868, # (3) Exhibit 3 - PLTF_00051325, # (4) Exhibit 4 - PLTF_00056249, # (5) Exhibit 5 - PLTF_00057662, # (6) Exhibit 6 - PLTF_00057664, # (7) Exhibit 7 - PLTF_00058463)Motion or Order to File Under Seal: [399].(Dunlap, Andrew)
LETTER MOTION to Seal Exhibits to Plaintiffs' July 5, 2023 Opposition Letter addressed to Judge Katherine Polk Failla from Andrew R. Dunlap and Todd M. Schneider dated July 5, 2023. Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, Jason Leibowitz, Matthew Script..(Dunlap, Andrew)
ORDER granting [395] Letter Motion to Seal. Application GRANTED. The Clerk of Court is directed to terminate the pending motion at docket entry 395. (Signed by Judge Katherine Polk Failla on 7/5/2023) (rro)
LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Katherine Polk Failla from Andrew R. Dunlap and Todd M. Schneider dated June 30, 2023. Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, Jason Leibowitz, Matthew Script. (Attachments: # (1) Exhibit 1 (FILED UNDER SEAL), # (2) Exhibit 2 (FILED UNDER SEAL), # (3) Exhibit 3 (FILED UNDER SEAL), # (4) Exhibit 4 (FILED UNDER SEAL), # (5) Exhibit 5 (FILED UNDER SEAL), # (6) Exhibit 6 (FILED UNDER SEAL), # (7) Exhibit 7 (FILED UNDER SEAL), # (8) Exhibit 8 (FILED UNDER SEAL), # (9) Exhibit 9 (FILED UNDER SEAL), # (10) Exhibit 10 (FILED UNDER SEAL), # (11) Exhibit 11 (FILED UNDER SEAL), # (12) Exhibit 12 (FILED UNDER SEAL), # (13) Exhibit 13 (FILED UNDER SEAL), # (14) Exhibit 14 (FILED UNDER SEAL), # (15) Exhibit 15 (FILED UNDER SEAL)).(Dunlap, Andrew)
***SELECTED PARTIES*** LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Katherine Polk Failla from Andrew R. Dunlap and Todd M. Schneider dated June 30, 2023. Document filed by Benjamin Leibowitz, Jason Leibowitz, Aaron Leibowitz, Matthew Script, Pinchas Goldshtein, BFXNA Inc., BFXWW Inc., Bittrex, Inc., Crypto Capital Corp., David Crystal, Giancarlo Devasini, DigFinex Inc., Joseph Ebanks, Joseph Ebanks, Bryan Faubus, Reginald Fowler, Global Trade Solutions AG, John Does 1-50, Adam Kurtz, David Leibowitz, Poloniex, LLC, Philip G. Potter, Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, Eric Young, iFinex Inc., Ludovicus Jan van der Velde. (Attachments: # (1) Exhibit 1 - June 1, 2023 Email from N. Born, # (2) Exhibit 2 - iFinex 30(b)(6) Notice, # (3) Exhibit 3 - May 22, 2023 Letter from E. Greenfield, # (4) Exhibit 4 - May 25, 2023 Letter from E. Greenfield, # (5) Exhibit 5 - June 22, 2023 Letter from L. King, # (6) Exhibit 6 - June 30, 2023 Letter from E. Greenfield, # (7) Exhibit 7 - June 20, 2023 Email from N. Born, # (8) Exhibit 8 - BITFINEX_TETHER_0304283, # (9) Exhibit 9 - May 25, 2023 Letter from L. King re Transaction RFPs, # (10) Exhibit 10 - June 1, 2023 Letter from E. Greenfield, # (11) Exhibit 11 - June 8, 2023 Letter from L. King, # (12) Exhibit 12 - June 15, 2023 Letter from E. Greenfield, # (13) Exhibit 13 - BITFINEX_TETHER_1058727, # (14) Exhibit 14 - B/T Defendants' April 5, 2023 Responses and Objections to Plaintiffs' Second Set of Interrogatories, # (15) Exhibit 15 - June 30, 2023 Email from L. King)Motion or Order to File Under Seal: [395].(Dunlap, Andrew)
LETTER MOTION to Seal Plaintiffs' June 30, 2023 Letter Motion and Exhibits addressed to Judge Katherine Polk Failla from Andrew R. Dunlap and Todd M. Schneider dated June 30, 2023. Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, Jason Leibowitz, Matthew Script..(Dunlap, Andrew)
ORDER granting [391] Letter Motion to Seal. Application GRANTED. The Clerk of Court is directed to terminate the pending motion at docket entry 391. (Signed by Judge Katherine Polk Failla on 6/29/2023) (rro)
LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Katherine Polk Failla from Elliot Greenfield dated June 28, 2023. Document filed by BFXNA Inc., BFXWW Inc., Giancarlo Devasini, DigFinex Inc., Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, iFinex Inc., Ludovicus Jan van der Velde. (Attachments: # (1) Exhibit A - BT Defs.' Second Set of RFPs, # (2) Exhibit B - Filed Under Seal, # (3) Exhibit C - Pls.' June 8, 2023 Email, # (4) Exhibit D - Filed Under Seal, # (5) Exhibit E - Filed Under Seal, # (6) Exhibit F - Filed Under Seal, # (7) Exhibit G - Filed Under Seal, # (8) Exhibit H - Filed Under Seal, # (9) Exhibit I -Filed Under Seal, # (10) Exhibit J - BT Defs.' Second Set of Interrogatories, # (11) Exhibit K - Filed Under Seal).(Greenfield, Elliot)
Attachment 1 Exhibit A - BT Defs.' Second Set of RFPs
***SELECTED PARTIES*** LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Katherine Polk Failla from Elliot Greenfield dated June 28, 2023. Document filed by Tether International Limited, BFXNA Inc., Tether Limited, iFinex Inc., Tether Holdings Limited, DigFinex Inc., Giancarlo Devasini, Ludovicus Jan van der Velde, BFXWW Inc., Tether Operations Limited, Bittrex, Inc., Crypto Capital Corp., David Crystal, Joseph Ebanks, Joseph Ebanks, Bryan Faubus, Reginald Fowler, Global Trade Solutions AG, Pinchas Goldshtein, John Does 1-50, Adam Kurtz, Aaron Leibowitz, Benjamin Leibowitz, David Leibowitz, Jason Leibowitz, Poloniex, LLC, Philip G. Potter, Matthew Script, Eric Young. (Attachments: # (1) Exhibit A - BT Defs.' Second Set of RFPs, # (2) Exhibit B - Pls.' May 30, 2023 Ltr., # (3) Exhibit C - Pls.' June 8, 2023 Email, # (4) Exhibit D - BT Defs.' Mar. 27, 2023 Ltr., # (5) Exhibit E - Pls.' Apr. 20, 2023 Ltr., # (6) Exhibit F - BT Defs.' May 11, 2023 Ltr., # (7) Exhibit G - Pls.' May 15, 2023 Ltr., # (8) Exhibit H - Pls.' Sept. 9, 2022 Email, # (9) Exhibit I - Jan. - Feb. 2023 Email Exchange, # (10) Exhibit J - BT Defs.' Second Set of Interrogatories, # (11) Exhibit K - Pls.' First Am. Resps. and Objs. to BT Defs.' Interrogatory)Motion or Order to File Under Seal: [391].(Greenfield, Elliot)
LETTER MOTION to Seal addressed to Judge Katherine Polk Failla from Elliot Greenfield dated June 28, 2023. Document filed by BFXNA Inc., BFXWW Inc., Giancarlo Devasini, DigFinex Inc., Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, iFinex Inc., Ludovicus Jan van der Velde..(Greenfield, Elliot)
MEMO ENDORSEMENT on re: [388] Notice of Intent to Request Redaction. ENDORSEMENT Application GRANTED. The B/T Defendants shall file any statement of redaction within 21 days from the filing of the transcript. SO ORDERED. (Signed by Judge Katherine Polk Failla on 6/21/2023) (jca)
AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c). Fact discovery shall be substantially completed no later than March 22, 2023. All fact discovery shall be completed no later than October 23, 2023. Class certification shall be governed by the following deadlines: i. Plaintiffs' motion for class certification and supporting expert reports are due November 20, 2023. ii. Defendants' deadline to depose Plaintiffs' class certification experts is January 22, 2024. iii. Defendants' opposition to class certification and supporting expert reports are due February 20, 2024. iv. Plaintiffs' deadline to depose Defendants' class certification experts is April 22, 2024. v. Plaintiffs' reply in support of class certification is due May 22, 2024. All expert discovery, including reports, production of underlying documents, and depositions, shall be completed no later than 9 months after any order certifying a class. Depositions of fact witnesses shall be completed by October 23, 2023. This case is to be tried to a jury. Counsel for the parties have conferred and the present best estimate of the length of trial is six weeks. Pretrial Conference set for 10/31/2023 at 03:00 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 6/15/2023) (rro)
JOINT LETTER addressed to Judge Katherine Polk Failla from Andrew R. Dunlap, Todd M. Schneider, Elliot Greenfield, Michael Jason Lee, Sunjina K. Ahuja, Esq., Charles D. Cording, Matthew G. Lindenbaum, and Robert L. Lindholm dated June 14, 2023 re: Revised Proposed Case Management Plan. Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, Jason Leibowitz, Matthew Script. (Attachments: # (1) Exhibit A - Proposed Case Management Plan, # (2) Exhibit B - Redline of Proposed Case Management Plan Against [298]).(Dunlap, Andrew)
Attachment 1 Exhibit A - Proposed Case Management Plan
Attachment 2 Exhibit B - Redline of Proposed Case Management Plan Against [298]
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a STATUS CONFERENCE proceeding held on 6/6/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(js)
TRANSCRIPT of Proceedings re: STATUS CONFERENCE held on 6/6/2023 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Adrienne Mignano 212-805-0300 Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/30/2023. Redacted Transcript Deadline set for 7/10/2023. Release of Transcript Restriction set for 9/7/2023. (js) Modified on 6/9/2023 (js).
Filed: None, Entered: None
Pretrial Conference - Interim
Minute Entry for proceedings held before Judge Katherine Polk Failla: Pretrial Conference held on 6/7/2023. Attorneys Andrew Riggs Dunlap, Todd Michael Schneider, and Laura King, representing Plaintiffs present. Attorney Elliot Greenfield representing iFinex Defendants present. Attorney Charles Dean Cording representing Defendant Philip Potter present. Attorney Matthew G. Lindenbaum representing Defendant Poloniex present. Plaintiffs' motion to extend discovery deadlines is GRANTED. Plaintiffs shall submit a proposed amended case management plan. (Court Reporter recorded) (tn)
Filed: None, Entered: None
Notice (other)
NOTICE OF PUBLIC REMOTE ACCESS re: [376] Order on Motion for Local Rule 37.2 Conference: The conference scheduled for 6/7/2023 at 10:00 a.m., will be held via video conference with public audio access at (646)363-4749, Conference ID 352 472 504#. Instructions to video participants was sent separately in advance of the conference. ***No PDF is attached to this entry..(tn)
LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine Polk Failla from Charles D. Cording dated June 6, 2023 re: [373] LETTER MOTION for Local Rule 37.2 Conference to Request an Extension of the Case Schedule addressed to Judge Katherine Polk Failla from Andrew R. Dunlap and Todd M. Schneider dated June 1, 2023. / Response in Opposition to Plaintiffs' Letter Motion for Local Rule 37.2 Conference - Defendant Phil Potter's Opposition to Plaintiffs' Motion for 90-Day Extension of Discovery Deadline. Document filed by Philip G. Potter..(Cording, Charles)
ORDER granting [378] Letter Motion to Seal. Application GRANTED. The Clerk of Court is directed to terminate the pending motion at docket entry 378. (Signed by Judge Katherine Polk Failla on 6/6/2023) (rro)
LETTER RESPONSE to Motion addressed to Judge Katherine Polk Failla from Matthew G. Lindenbaum dated June 6, 2023 re: [374] LETTER MOTION for Local Rule 37.2 Conference to Request an Extension of the Case Schedule addressed to Judge Katherine Polk Failla from Andrew R. Dunlap and Todd M. Schneider dated June 1, 2023. . Document filed by Poloniex, LLC..(Lindenbaum, Matthew)
LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine Polk Failla from Elliot Greenfield dated June 5, 2023 re: [373] LETTER MOTION for Local Rule 37.2 Conference to Request an Extension of the Case Schedule addressed to Judge Katherine Polk Failla from Andrew R. Dunlap and Todd M. Schneider dated June 1, 2023. / Response in Opposition to Plaintiffs' Letter Motion for Local Rule 37.2 Conference -- B/T Defendants' Opposition to Plaintiffs' Motion for 90-Day Extension of Discovery Deadline. Document filed by BFXNA Inc., BFXWW Inc., Giancarlo Devasini, DigFinex Inc., Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, iFinex Inc., Ludovicus Jan van der Velde. (Attachments: # (1) Exhibit 1 - Filed Under Seal).(Greenfield, Elliot)
***SELECTED PARTIES***LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine Polk Failla from Elliot Greenfield dated June 5, 2023 re: [373] LETTER MOTION for Local Rule 37.2 Conference to Request an Extension of the Case Schedule addressed to Judge Katherine Polk Failla from Andrew R. Dunlap and Todd M. Schneider dated June 1, 2023. / Response in Opposition to Plaintiffs' Letter Motion for Local Rule 37.2 Conference -- B/T Defendants' Opposition to Plaintiffs' Motion for 90-Day Extension of Discovery Deadline. Document filed by Tether International Limited, BFXNA Inc., Tether Limited, iFinex Inc., Tether Holdings Limited, DigFinex Inc., Giancarlo Devasini, Ludovicus Jan van der Velde, BFXWW Inc., Tether Operations Limited, Bittrex, Inc., Crypto Capital Corp., David Crystal, Joseph Ebanks, Joseph Ebanks, Bryan Faubus, Reginald Fowler, Global Trade Solutions AG, Pinchas Goldshtein, John Does 1-50, Adam Kurtz, Aaron Leibowitz, Benjamin Leibowitz, David Leibowitz, Jason Leibowitz, Poloniex, LLC, Philip G. Potter, Matthew Script, Eric Young. (Attachments: # (1) Exhibit 1)Motion or Order to File Under Seal: [378].(Greenfield, Elliot)
LETTER MOTION to Seal addressed to Judge Katherine Polk Failla from Elliot Greenfield dated June 5, 2023. Document filed by BFXNA Inc., BFXWW Inc., Giancarlo Devasini, DigFinex Inc., Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, iFinex Inc., Ludovicus Jan van der Velde..(Greenfield, Elliot)
ORDER granting [373] Letter Motion for Local Rule 37.2 Conference; granting [374] Letter Motion for Local Rule 37.2 Conference. The Court is in receipt of Plaintiffs' above letter, requesting a 90-day extension of discovery in this case. (Dkt. #373-374). The parties are ORDERED to attend a virtual discovery conference on June 7, 2023, at 10:00 a.m. Instructions to video participants will be sent via email in advance of the conference. Any party wishing to file a response to Plaintiffs' above letter must do so by 12:00 p.m. on June 6, 2023. The Court intends to focus its attention during the conference on the above-discussed issues between Plaintiffs and the B/T Defendants. The Clerk of Court is directed to terminate the pending motions at docket entries 373 and 374. SO ORDERED. Discovery Hearing set for 6/7/2023 at 10:00 AM before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 6/2/2023) (mml)
ORDER: granting [372] Letter Motion to Seal. Application GRANTED. The Clerk of Court is directed to terminate the pending motion at docket entry 372. SO ORDERED. (Signed by Judge Katherine Polk Failla on 6/02/2023) (ama)
Filed: None, Entered: None
***Set/Reset Deadlines
Set/Reset Deadlines: Responses due by 6/6/2023. (mml)
LETTER MOTION for Local Rule 37.2 Conference to Request an Extension of the Case Schedule addressed to Judge Katherine Polk Failla from Andrew R. Dunlap and Todd M. Schneider dated June 1, 2023. Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, Jason Leibowitz, Matthew Script. (Attachments: # (1) Exhibit 1 (FILED UNDER SEAL), # (2) Exhibit 2 (FILED UNDER SEAL), # (3) Exhibit 3 (FILED UNDER SEAL), # (4) Exhibit 4 (FILED UNDER SEAL), # (5) Exhibit 5 (FILED UNDER SEAL), # (6) Exhibit 6 - Proposed Scheduling Order).(Dunlap, Andrew)
***SELECTED PARTIES*** LETTER MOTION for Local Rule 37.2 Conference to Request an Extension of the Case Schedule addressed to Judge Katherine Polk Failla from Andrew R. Dunlap and Todd M. Schneider dated June 1, 2023. Document filed by Benjamin Leibowitz, Jason Leibowitz, Aaron Leibowitz, Matthew Script, Pinchas Goldshtein, BFXNA Inc., BFXWW Inc., Bittrex, Inc., Crypto Capital Corp., David Crystal, Giancarlo Devasini, DigFinex Inc., Joseph Ebanks, Joseph Ebanks, Bryan Faubus, Reginald Fowler, Global Trade Solutions AG, John Does 1-50, Adam Kurtz, David Leibowitz, Poloniex, LLC, Philip G. Potter, Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, Eric Young, iFinex Inc., Ludovicus Jan van der Velde. (Attachments: # (1) Exhibit 1 - N. Born Email of April 3, # (2) Exhibit 2 - L. King Email of May 30, # (3) Exhibit 3 - N. Born Email of May 30, # (4) Exhibit 4 - May 25 B/T Deficiency Letter re Transaction RFPs, # (5) Exhibit 5 - B/T Defendants' Response to Plaintiffs' May 25 Letter, # (6) Exhibit 6 - Proposed Scheduling Order)Motion or Order to File Under Seal: [372].(Dunlap, Andrew)
LETTER MOTION to Seal Exhibits to Plaintiffs' Letter Motion addressed to Judge Katherine Polk Failla from Andrew R. Dunlap and Todd M. Schneider dated June 1, 2023. Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, Jason Leibowitz, Matthew Script..(Dunlap, Andrew)
***SELECTED PARTIES*** ORDER granting [358] Letter Motion re: [358] LETTER MOTION for Conference re: [288] Order on Motion for Discovery, [195] Order on Motion for Conference, [215] Memo Endorsement: ENDORSEMENT: The Clerk of Court is directed to file this endorsement under seal and viewable only to the parties to this case. The Court will separately email a copy of this endorsement to the Anonymous Trader. The Clerk of Court is further directed to terminate the pending motion at docket entry 358. (Signed by Judge Katherine Polk Failla on 5/30/2023) (tn)
ORDER terminating [363] Letter Motion for Local Rule 37.2 Conference; terminating [364] Letter Motion for Local Rule 37.2 Conference. In sum, the B/T Defendants must produce the trading records for the accounts of the seven individuals in question. Given the May 1, 2023 order called for a May 22, 2023 compliance date, the B/T Defendants should produce these records immediately. The Clerk of Court is directed to terminate the pending motion at docket entries 363 and 364. (Signed by Judge Katherine Polk Failla on 5/30/2023) (rro)
ORDER: granting [366] Letter Motion to Seal. Application GRANTED. The Clerk of Court is directed to terminate the pending motion at docket entry 366. SO ORDERED. (Signed by Judge Katherine Polk Failla on 5/30/2023) (ama)
LETTER RESPONSE to Motion addressed to Judge Katherine Polk Failla from Andrew R. Dunlap and Todd M. Schneider dated May 26, 2023 re: [363] LETTER MOTION for Local Rule 37.2 Conference -- B/T Defendants' Request for Clarification of May 1, 2023 Discovery Order addressed to Judge Katherine Polk Failla from Elliot Greenfield dated May 24, 2023. (REDACTED). Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, Jason Leibowitz, Matthew Script..(Dunlap, Andrew)
***SELECTED PARTIES***LETTER RESPONSE to Motion addressed to Judge Katherine Polk Failla from Andrew R. Dunlap and Todd M. Schneider dated May 26, 2023 re: [363] LETTER MOTION for Local Rule 37.2 Conference -- B/T Defendants' Request for Clarification of May 1, 2023 Discovery Order addressed to Judge Katherine Polk Failla from Elliot Greenfield dated May 24, 2023. . Document filed by Benjamin Leibowitz, Jason Leibowitz, Aaron Leibowitz, Matthew Script, Pinchas Goldshtein, BFXNA Inc., BFXWW Inc., Bittrex, Inc., Crypto Capital Corp., David Crystal, Giancarlo Devasini, DigFinex Inc., Joseph Ebanks, Joseph Ebanks, Bryan Faubus, Reginald Fowler, Global Trade Solutions AG, John Does 1-50, Adam Kurtz, David Leibowitz, Poloniex, LLC, Philip G. Potter, Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, Eric Young, iFinex Inc., Ludovicus Jan van der Velde. Motion or Order to File Under Seal: [366].(Dunlap, Andrew)
LETTER MOTION to Seal Plaintiffs' Letter Response to B/T Clarification Motion [Dkt. 363] addressed to Judge Katherine Polk Failla from Andrew R. Dunlap and Todd M. Schneider dated May 26, 2023. Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, Jason Leibowitz, Matthew Script..(Dunlap, Andrew)
ORDER granting [362] Letter Motion to Seal. Application GRANTED. The Clerk of Court is directed to terminate the pending motion at docket entry 362. (Signed by Judge Katherine Polk Failla on 5/25/2023) (tro)
LETTER MOTION for Local Rule 37.2 Conference -- B/T Defendants' Request for Clarification of May 1, 2023 Discovery Order addressed to Judge Katherine Polk Failla from Elliot Greenfield dated May 24, 2023. Document filed by BFXNA Inc., BFXWW Inc., Giancarlo Devasini, DigFinex Inc., Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, iFinex Inc., Ludovicus Jan van der Velde. (Attachments: # (1) Exhibit 1 - Filed Under Seal, # (2) Exhibit 2 - Filed Under Seal, # (3) Exhibit 3 - Filed Under Seal, # (4) Exhibit 4 - Filed Under Seal, # (5) Exhibit 5 - Filed Under Seal, # (6) Exhibit 6 - Filed Under Seal, # (7) Exhibit 7 - Filed Under Seal).(Greenfield, Elliot)
***SELECTED PARTIES*** LETTER MOTION for Local Rule 37.2 Conference -- B/T Defendants' Request for Clarification of May 1, 2023 Discovery Order addressed to Judge Katherine Polk Failla from Elliot Greenfield dated May 24, 2023. Document filed by Tether International Limited, BFXNA Inc., Tether Limited, iFinex Inc., Tether Holdings Limited, DigFinex Inc., Giancarlo Devasini, Ludovicus Jan van der Velde, BFXWW Inc., Tether Operations Limited, Bittrex, Inc., Crypto Capital Corp., David Crystal, Joseph Ebanks, Joseph Ebanks, Bryan Faubus, Reginald Fowler, Global Trade Solutions AG, Pinchas Goldshtein, John Does 1-50, Adam Kurtz, Aaron Leibowitz, Benjamin Leibowitz, David Leibowitz, Jason Leibowitz, Poloniex, LLC, Philip G. Potter, Matthew Script, Eric Young. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7)Motion or Order to File Under Seal: [362].(Greenfield, Elliot)
LETTER MOTION to Seal Exhibits addressed to Judge Katherine Polk Failla from Elliot Greenfield dated May 24, 2023. Document filed by BFXNA Inc., BFXWW Inc., Giancarlo Devasini, DigFinex Inc., Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, iFinex Inc., Ludovicus Jan van der Velde..(Greenfield, Elliot)
***SELECTED PARTIES*** LETTER addressed to Judge Katherine Polk Failla from ThirdParty Account Holder dated 5/23/2023 re: Response to Plaintiffs' letter (Doc. #358). Motion or Order to File Under Seal: [360].(tn)
ORDER: On May 19, 2023, Plaintiffs submitted a letter motion seeking clarification or modification of this Court's prior orders concerning the Anonymous Trader. (Dkt. #358). On May 22, 2022, the Anonymous Trader corresponded with the Court regarding Plaintiffs' letter request, and would like to submit a response via email to Chambers. The Court GRANTS the Anonymous Trader's request, and the Anonymous Trader is directed to submit a response by May 25, 2023. Once the Court receives the Anonymous Trader's response, the Court will docket the response under seal, viewable only to the parties to this case. If any other party to this action wishes to submit a response to Plaintiffs' letter motion, such response must likewise be filed by May 25, 2023. ( Responses due by 5/25/2023) (Signed by Judge Katherine Polk Failla on 5/23/2023) (rro)
ORDER granting [357] Letter Motion to Seal. Application GRANTED. The Clerk of Court is directed to terminate the pending motion at docket entry 357. (Signed by Judge Katherine Polk Failla on 5/22/2023) (rro)
***SELECTED PARTIES*** LETTER MOTION for Conference re: [288] Order on Motion for Discovery,,,,,,,,,,,,,,,,,,,,,,,,,,, [195] Order on Motion for Conference,,,,,,,,,,,,, [215] Memo Endorsement, Set Deadlines/Hearings, Terminate Motions,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, - Clarification of Court's Orders re Anonymous Trader addressed to Judge Katherine Polk Failla from Andrew R. Dunlap and Todd M. Schneider dated May 19, 2023. Document filed by Benjamin Leibowitz, Jason Leibowitz, Aaron Leibowitz, Matthew Script, Pinchas Goldshtein, BFXNA Inc., BFXWW Inc., Bittrex, Inc., Crypto Capital Corp., David Crystal, Giancarlo Devasini, DigFinex Inc., Joseph Ebanks, Joseph Ebanks, Bryan Faubus, Reginald Fowler, Global Trade Solutions AG, John Does 1-50, Adam Kurtz, David Leibowitz, Poloniex, LLC, Philip G. Potter, Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, Eric Young, iFinex Inc., Ludovicus Jan van der Velde. (Attachments: # (1) Exhibit 1 (FILED UNDER SEAL), # (2) Exhibit 2 (FILED UNDER SEAL), # (3) Exhibit 3 (FILED UNDER SEAL))Motion or Order to File Under Seal: [357].(Dunlap, Andrew)
LETTER MOTION to Seal Plaintiffs' Letter Motion and Exhibits addressed to Judge Katherine Polk Failla from Andrew R. Dunlap and Todd M. Schneider dated May 19, 2023. Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, Jason Leibowitz, Matthew Script..(Dunlap, Andrew)
ORDER granting [351] Letter Motion for Discovery; granting [352] Letter Motion for Discovery. The Court is in receipt of Plaintiffs' letter motion to expand the deposition limit to an initial 15 depositions (Dkt. #351-352), Poloniex's opposition requesting that Plaintiffs be required to exhaust the standard 10-deposition limit before seeking this Court's leave to expand the limit (Dkt. #354), and the B/T Defendants' above response suggesting an expanded limit of 15 depositions without leave to request further depositions (Dkt. #355). As the parties are aware, a party seeking depositions beyond the 10 deposition limit prescribed by the Federal Rules of Civil Procedure must request leave of the court. See, e.g., Brunckhorst v. Bischoff, No. 21 Civ. 4362 (JPC), 2022 WL 6991285, at *1 (S.D.N.Y. Oct. 12, 2022) (collecting cases). Upon seeking such leave, the Court must weigh many of the standard factors contemplated by Rule 26, including the relevance of the additional discovery, the burden, and whether additional depositions would be duplicative or cumulative of other discovery. Id. Typically, courts require that parties exhaust the initial limit before seeking further depositions, see, e.g., In re Actos Antitrust Litig., No. 13 Civ. 9244 (RA)(SDA), 2022 WL 16722235, at *2 (S.D.N.Y. Nov. 5, 2022), but in circumstances where parties agree to an expanded limit or the case otherwise merits more expansive discovery, courts may nonetheless expand the limit prior to exhaustion, see, e.g., In re Weatherford Int'l Sec. Litig., No. 11 Civ. 1646 (LAK) (JCF), 2013 WL 5762923, at *3 (S.D.N.Y. Oct. 24, 2013). The parties are well aware that this is a complicated case, with voluminous discovery. The Court sees no need to underscore the point. (See generally Dkt. #351 & Ex. 2 (discussing theories of case and myriad deponents with relevant information)). That said, the Court is cognizant of the fact that it is difficult to fully assess Plaintiffs' request without Plaintiffs having taken any depositions or argued in favor of depositions of specific deponents. (Dkt. #354 at 2-3). Still, Plaintiffs and the B/T Defendants agree that at least 15 depositions are warranted given the needs of this case, even if Poloniex contends that Plaintiffs' request is premature. The Court credits Plaintiffs' prima facie showing of the relevance of taking additional depositions (Dkt. #351, Ex. 2), and finds that the initial deposition limit should be expanded to 15 deponents inclusive of 30(b)(6) depositions at this time, considering the history of this case and the information this Court has already reviewed. That being said, Plaintiffs should "think long and hard about who they want to depose and... depose only those who are really important[.]" San Francisco Health Plan v. McKesson Corp., 264 F.R.D. 20, 21 (D. Mass. 2010). Should Plaintiffs seek further leave of the Court to take additional depositions, the Court will "examine any future requests... with increased scrutiny." In re Weatherford Int'l Sec. Litig., 2013 WL 5762923, at *3. This means that Plaintiffs will need to demonstrate that each additional deposition is truly necessary, that it is not cumulative or otherwise duplicative of information already gleaned from discovery, and that there is an adequate justification for not including the deponent in this initial group of 15 depositions. As such, Plaintiffs' motion to expand the deposition limit to 15 depositions is GRANTED. The Court will not pass on whether any additional depositions would be warranted at this time, as any such determination is premature. Any additional requests to take depositions will be met with increased scrutiny as discussed in this Order. The Clerk of Court is directed to terminate the pending motion at docketentries 351 and 352. (Signed by Judge Katherine Polk Failla on 5/18/2023) (rro)
LETTER RESPONSE to Motion addressed to Judge Katherine Polk Failla from Elliot Greenfield dated May 17, 2023 re: [351] LETTER MOTION for Discovery . Plaintiffs Motion to Expand Deposition Limit (SEALED) addressed to Judge Katherine Polk Failla from Andrew R. Dunlap and Todd M. Schneider dated May 12, 2023. / Response to Motion for Leave to Take 15 Depositions. Document filed by BFXNA Inc., BFXWW Inc., Giancarlo Devasini, DigFinex Inc., Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, iFinex Inc., Ludovicus Jan van der Velde..(Greenfield, Elliot)
LETTER addressed to Judge Katherine Polk Failla from Matthew G. Lindenbaum dated May 17, 2023 re: Response to Plaintiffs pre-letter motion (ECF 352). Document filed by Poloniex, LLC..(Lindenbaum, Matthew)
ORDER granting [350] Letter Motion to Seal. Application GRANTED. The Clerk of Court is directed to terminate the pending motion at docket entry 350. (Signed by Judge Katherine Polk Failla on 5/15/2023) (rro)
LETTER MOTION for Discovery . Plaintiffs Motion to Expand Deposition Limit addressed to Judge Katherine Polk Failla from Andrew R. Dunlap and Todd M. Schneider dated May 12, 2023. Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, Jason Leibowitz, Matthew Script. (Attachments: # (1) Exhibit 1- Dep Limit Correspondence, # (2) Exhibit 2- Sealed Pltfs Deponent List (FILED UNDER SEAL), # (3) Exhibit 3- May 5 BT Ltr re Dep Limit, # (4) Exhibit 4- May 5 Pltf Ltr re Dep Limit, # (5) Exhibit 5- May 9 Ltr to Pltfs re Dep Limit, # (6) Exhibit 6- May 9 Poloniex Ltr re Dep Limit, # (7) Exhibit 7- May 10 Pltf Ltr re Dep Limit, # (8) Exhibit 8- May 11 BT Ltr re Dep Limit, # (9) Exhibit 9- Sealed Deponent Appendix (FILED UNDER SEAL), # (10) Exhibit 10- Pltf and Poloniex Correspondence).(Dunlap, Andrew)
***SELECTED PARTIES*** LETTER MOTION for Discovery . Plaintiffs Motion to Expand Deposition Limit (SEALED) addressed to Judge Katherine Polk Failla from Andrew R. Dunlap and Todd M. Schneider dated May 12, 2023. Document filed by Benjamin Leibowitz, Jason Leibowitz, Aaron Leibowitz, Matthew Script, Pinchas Goldshtein, BFXNA Inc., BFXWW Inc., Bittrex, Inc., Crypto Capital Corp., David Crystal, Giancarlo Devasini, DigFinex Inc., Joseph Ebanks, Joseph Ebanks, Bryan Faubus, Reginald Fowler, Global Trade Solutions AG, John Does 1-50, Adam Kurtz, David Leibowitz, Poloniex, LLC, Philip G. Potter, Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, Eric Young, iFinex Inc., Ludovicus Jan van der Velde. (Attachments: # (1) Exhibit 1- Dep Limit Correspondence, # (2) Exhibit 2- Sealed Pltfs Deponent List, # (3) Exhibit 3- May 5 BT Ltr re Dep Limit, # (4) Exhibit 4- May 5 Pltf Ltr re Dep Limit, # (5) Exhibit 5- May 9 Ltr to Pltfs re Dep Limit, # (6) Exhibit 6- May 9 Poloniex Ltr re Dep Limit, # (7) Exhibit 7- May 10 Pltf Ltr re Dep Limit, # (8) Exhibit 8- May 11 BT Ltr re Dep Limit, # (9) Exhibit 9- Sealed Deponent Appendix, # (10) Exhibit 10- Pltf and Poloniex Correspondence)Motion or Order to File Under Seal: [350].(Dunlap, Andrew)
LETTER MOTION to Seal Plaintiffs' Letter Motion to Expand Deposition Limit addressed to Judge Katherine Polk Failla from Andrew R. Dunlap and Todd M. Schneider dated May 12, 2023. Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, Jason Leibowitz, Matthew Script..(Dunlap, Andrew)
MEMO ENDORSEMENT on NOTICE OF BANKRUPTCY FILING re: [348] Notice (Other) filed by Bittrex, Inc. ENDORSEMENT: In light of the fact that Defendant Bittrex has filed for Chapter 11 bankruptcy, this case shall be STAYED as to Bittrex. SO ORDERED. (Signed by Judge Katherine Polk Failla on 5/10/2023) (ama)
ORDER denying [325] Letter Motion for Local Rule 37.2 Conference; granting in part and denying in part [328] Letter Motion for Conference re: [325] LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Katherine Polk Failla from Elliot Greenfield dated April 20, 2023., [328] LETTER MOTION for Conference . Plaintiffs' Letter Motion for Local Rule 37.2 Conference addressed to Judge Katherine Polk Failla from Andrew R. Dunlap and Todd M. Schneider dated April 24, 2023., [329] LETTER MOTION for Conference . Plaintiffs' Letter Motion for Local Rule 37.2 Conference (REDACTED) addressed to Judge Katherine Polk Failla from Andrew R. Dunlap and Todd M. Schneider dated April 24, 2023. ; granting in part and denying in part [329] Letter Motion for Conference re: [325] LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Katherine Polk Failla from Elliot Greenfield dated April 20, 2023., [328] LETTER MOTION for Conference . Plaintiffs' Letter Motion for Local Rule 37.2 Conference addressed to Judge Katherine Polk Failla from Andrew R. Dunlap and Todd M. Schneider dated April 24, 2023., [329] LETTER MOTION for Conference . Plaintiffs' Letter Motion for Local Rule 37.2 Conference (REDACTED) addressed to Judge Katherine Polk Failla from Andrew R. Dunlap and Todd M. Schneider dated April 24, 2023. In conclusion, the Court DENIES in whole the B/T Defendants' letter motion pertaining to Kraken. (Dkt. #325). The Court GRANTS IN PART and DENIES IN PART Plaintiffs' letter motion to compel. (Dkt. #328-329). Specifically, the Court will not grant Plaintiffs' request to compel a Rule 30(b)(6) deposition on the topics discussed in their letter. Rather, the Court believes (and hopes) that the parties can work through identifying relevant accountholders and deficiencies through meeting and conferring in good faith. This means more than just broadly-phrased demands; instead, Plaintiffsshould make a concerted effort to identify specific accounts and individuals forwhich they believe productions are deficient, as well as why the discovery fromthose accounts and individuals is relevant, much like they did in their lettermotion to the Court. The Court expects the B/T Defendants to comply with theCourt's September 20, 2022 Order and to redress any identified deficiencies intheir productions within three weeks of the date of this Order i.e. byMay 22, 2023. The Clerk of Court is directed to terminate the pending motions at docket entries 325, 328, and 329. (Signed by Judge Katherine Polk Failla on 5/1/2023) (rro)
ORDER granting [343] Letter Motion to Seal. Application GRANTED. The Clerk of Court is directed to terminate the pending motion at docket entry 343. (Signed by Judge Katherine Polk Failla on 5/1/2023) (rro)
LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine Polk Failla from Elliot Greenfield dated April 28, 2023 re: [328] LETTER MOTION for Conference . Plaintiffs' Letter Motion for Local Rule 37.2 Conference addressed to Judge Katherine Polk Failla from Andrew R. Dunlap and Todd M. Schneider dated April 24, 2023. / [Redacted] Response in Opposition to Plaintiffs' Motion to Compel. Document filed by BFXNA Inc., BFXWW Inc., Giancarlo Devasini, DigFinex Inc., Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, iFinex Inc., Ludovicus Jan van der Velde. (Attachments: # (1) Exhibit A (filed under seal), # (2) Exhibit B (filed under seal)).(Greenfield, Elliot)
***SELECTED PARTIES***LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine Polk Failla from Elliot Greenfield dated April 28, 2023 re: [328] LETTER MOTION for Conference . Plaintiffs' Letter Motion for Local Rule 37.2 Conference addressed to Judge Katherine Polk Failla from Andrew R. Dunlap and Todd M. Schneider dated April 24, 2023. / Response in Opposition to Plaintiffs' Motion to Compel. Document filed by Tether International Limited, BFXNA Inc., Tether Limited, iFinex Inc., Tether Holdings Limited, DigFinex Inc., Giancarlo Devasini, Ludovicus Jan van der Velde, BFXWW Inc., Tether Operations Limited, Bittrex, Inc., Crypto Capital Corp., David Crystal, Joseph Ebanks, Joseph Ebanks, Bryan Faubus, Reginald Fowler, Global Trade Solutions AG, Pinchas Goldshtein, John Does 1-50, Adam Kurtz, Aaron Leibowitz, Benjamin Leibowitz, David Leibowitz, Jason Leibowitz, Poloniex, LLC, Philip G. Potter, Matthew Script, Eric Young. (Attachments: # (1) Exhibit A, # (2) Exhibit B)Motion or Order to File Under Seal: [343].(Greenfield, Elliot)
LETTER MOTION to Seal addressed to Judge Katherine Polk Failla from Elliot Greenfield dated April 28, 2023. Document filed by BFXNA Inc., BFXWW Inc., Giancarlo Devasini, DigFinex Inc., Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, iFinex Inc., Ludovicus Jan van der Velde..(Greenfield, Elliot)
MEMO ENDORSEMENT on re: [341] Reply to Response to Motion,, filed by Tether Operations Limited, Tether Holdings Limited, iFinex Inc., Tether Limited, DigFinex Inc., Giancarlo Devasini, Ludovicus Jan van der Velde, BFXNA Inc., Tether International Limited, BFXWW Inc. ENDORSEMENT: The Court accepts the B/T Defendants' brief letter reply related to the subpoena of Kraken. Because the B/T Defendants' letter motion related to Kraken and Plaintiffs' letter motion to compel present somewhat interrelated issues, the Court intends to resolve the disputes once the B/T Defendants submit their response to Plaintiffs' letter motion. The Court does not intend to accept further submissions related to either letter motion once it receives the B/T Defendants' response. (Signed by Judge Katherine Polk Failla on 4/27/2023) (rro)
LETTER REPLY to Response to Motion addressed to Judge Katherine Polk Failla from Elliot Greenfield dated April 26, 2023 re: [325] LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Katherine Polk Failla from Elliot Greenfield dated April 20, 2023. . Document filed by BFXNA Inc., BFXWW Inc., Giancarlo Devasini, DigFinex Inc., Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, iFinex Inc., Ludovicus Jan van der Velde..(Greenfield, Elliot)
ORDER granting [335] Letter Motion to Seal. Application GRANTED.The Clerk of Court is directed to terminate the pending motion at docketentry 335. (Signed by Judge Katherine Polk Failla on 4/26/2023) (rro)
MEMO ENDORSEMENT on re: [333] Letter filed by Tether Operations Limited, Eric Young, Matthew Script, Aaron Leibowitz, DigFinex Inc., Giancarlo Devasini, Ludovicus Jan van der Velde, Jason Leibowitz, Pinchas Goldshtein, Joseph Ebanks, Adam Kurtz, BFXWW Inc., Reginald Fowler, John Does 1-50, iFinex Inc., Tether Holdings Limited, Bittrex, Inc., Bryan Faubus, Crypto Capital Corp., Tether Limited, Benjamin Leibowitz, BFXNA Inc., Tether International Limited, Poloniex, LLC, Philip G. Potter, David Crystal, David Leibowitz, Global Trade Solutions AG. ENDORSEMENT: GRANTED. The Court appreciates Plaintiffs' submission of thecorrected exhibit, and will consider it in resolving Plaintiffs' motion. (Signed by Judge Katherine Polk Failla on 4/26/2023) (rro)
ORDER granting [332] Letter Motion to Seal. Application GRANTED. The Clerk of Court is directed to terminate the pending motion at docket entry 332. (Signed by Judge Katherine Polk Failla on 4/26/2023) (rro)
RESPONSE re: [325] LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Katherine Polk Failla from Elliot Greenfield dated April 20, 2023. (REDACTED). Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, Jason Leibowitz, Matthew Script. (Attachments: # (1) Exhibit 1 (FILED UNDER SEAL), # (2) Exhibit 2 (FILED UNDER SEAL), # (3) Exhibit 3 (FILED UNDER SEAL), # (4) Exhibit 4 (FILED UNDER SEAL), # (5) Exhibit 5 (Crypto Companies Behind Tether), # (6) Exhibit 6 (Plaintiffs' First RFPs to B/T Defendants)).(Dunlap, Andrew)
***SELECTED PARTIES*** RESPONSE re: [325] LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Katherine Polk Failla from Elliot Greenfield dated April 20, 2023. . Document filed by Benjamin Leibowitz, Jason Leibowitz, Aaron Leibowitz, Matthew Script, Pinchas Goldshtein, BFXNA Inc., BFXWW Inc., Bittrex, Inc., Crypto Capital Corp., David Crystal, Giancarlo Devasini, DigFinex Inc., Joseph Ebanks, Joseph Ebanks, Bryan Faubus, Reginald Fowler, Global Trade Solutions AG, John Does 1-50, Adam Kurtz, David Leibowitz, Poloniex, LLC, Philip G. Potter, Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, Eric Young, iFinex Inc., Ludovicus Jan van der Velde. (Attachments: # (1) Exhibit 1 (BITFINEX_TETHER_0564262), # (2) Exhibit 2 (BITFINEX_TETHER_0409871), # (3) Exhibit 3 (BITFINEX_TETHER_0568642), # (4) Exhibit 4 (BITFINEX_TETHER_0568746), # (5) Exhibit 5 (Crypto Companies Behind Tether), # (6) Exhibit (Plaintiffs' First RFPs to B/T Defendants))Motion or Order to File Under Seal: [335].(Dunlap, Andrew)
LETTER MOTION to Seal Plaintiffs' Response Letter addressed to Judge Katherine Polk Failla from Andrew R. Dunlap and Todd M. Schneider dated April 25, 2023. Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, Jason Leibowitz, Matthew Script..(Dunlap, Andrew)
LETTER addressed to Judge Katherine Polk Failla from Andrew R. Dunlap and Todd M. Schneider dated April 25, 2023 re: Revised Exhibit 2 to ECF No. 328 (REDACTED). Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, Jason Leibowitz, Matthew Script. (Attachments: # (1) Exhibit 2 - Revised (ECF No. 328-2) (FILED UNDER SEAL)).(Dunlap, Andrew)
***SELECTED PARTIES*** LETTER addressed to Judge Katherine Polk Failla from Andrew R. Dunlap and Todd M. Schneider dated April 25, 2023 re: Revised Exhibit 2 to ECF No. 328. Document filed by Joseph Ebanks, Tether International Limited, BFXNA Inc., Benjamin Leibowitz, Global Trade Solutions AG, Adam Kurtz, Eric Young, David Leibowitz, David Crystal, Crypto Capital Corp., Joseph Ebanks, Tether Limited, Philip G. Potter, iFinex Inc., Bittrex, Inc., Jason Leibowitz, Bryan Faubus, Tether Holdings Limited, Poloniex, LLC, DigFinex Inc., Ludovicus Jan van der Velde, Giancarlo Devasini, BFXWW Inc., John Does 1-50, Aaron Leibowitz, Matthew Script, Tether Operations Limited, Reginald Fowler, Pinchas Goldshtein. (Attachments: # (1) Exhibit 2 - Revised (ECF No. 328-2))Motion or Order to File Under Seal: [332].(Dunlap, Andrew)
LETTER MOTION to Seal Plaintiffs' Letter to Revise Exhibit 2 to ECF No. 328 addressed to Judge Katherine Polk Failla from Andrew R. Dunlap and Todd M. Schneider dated April 25, 2023. Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, Jason Leibowitz, Matthew Script..(Dunlap, Andrew)
ORDER granting [327] Letter Motion to Seal. Application GRANTED. The Clerk of Court is directed to terminate the pending motion at docket entry 327. (Signed by Judge Katherine Polk Failla on 4/25/2023) (rro)
MEMO ENDORSEMENT: on re: [326] Notice (Other) filed by Matthew Script, Aaron Leibowitz, Jason Leibowitz, Pinchas Goldshtein, Benjamin Leibowitz. ENDORSEMENT: Application GRANTED. The Clerk of Court is directed to terminate Caitlin Halligan from the docket. The Court wishes Judge Halligan the best in her tenure on the New York Court of Appeals. SO ORDERED., Attorney Caitlin Joan Halligan terminated. (Signed by Judge Katherine Polk Failla on 4/25/2023) (ama)
***SELECTED PARTIES*** LETTER MOTION for Conference . Plaintiffs' Letter Motion for Local Rule 37.2 Conference addressed to Judge Katherine Polk Failla from Andrew R. Dunlap and Todd M. Schneider dated April 24, 2023. Document filed by Benjamin Leibowitz, Jason Leibowitz, Aaron Leibowitz, Matthew Script, Pinchas Goldshtein, BFXNA Inc., BFXWW Inc., Bittrex, Inc., Crypto Capital Corp., David Crystal, Giancarlo Devasini, DigFinex Inc., Joseph Ebanks, Joseph Ebanks, Bryan Faubus, Reginald Fowler, Global Trade Solutions AG, John Does 1-50, Adam Kurtz, David Leibowitz, Poloniex, LLC, Philip G. Potter, Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, Eric Young, iFinex Inc., Ludovicus Jan van der Velde. (Attachments: # (1) Exhibit 1: UNDER SEAL - 2023.04.05 BT R&Os to Rogs, # (2) Exhibit 2: UNDER SEAL - POTTER_00081842, # (3) Exhibit 3: UNDER SEAL - BITFINEX_TETHER_0313907, # (4) Exhibit 4: UNDER SEAL - 3.23.23 Ltr. L. King to E. Greenfield, # (5) Exhibit 5: UNDER SEAL - Email Exchange between N. Born and L. King, # (6) Exhibit 6: UNDER SEAL - 2023.4.5 Ltr. L. King to BT Defendants, # (7) Exhibit 7: UNDER SEAL - 2023.4.4 Ltr. BT Defendants to Plaintiffs, # (8) Exhibit 8: UNDER SEAL - BITFINEX_TETHER_0309492, # (9) Exhibit 9: UNDER SEAL - BITIFNEX_TETHER_0309364, # (10) Exhibit 10: 2021.12.22 Plaintiffs RFPs on BT Defendants, # (11) Exhibit 11: 2022.01.28 BT Defendants R&Os to Plaintiffs First RFPs, # (12) Exhibit 12: UNDER SEAL - BITFINEX_TETHER_0568642, # (13) Exhibit 13: UNDER SEAL - BITFINEX_TETHER_0414734, # (14) Exhibit 14: UNDER SEAL - BITFINEX_TETHER_0038172, # (15) Exhibit 15: UNDER SEAL - BITFINEX_TETHER_0156810, # (16) Exhibit 16: UNDER SEAL - BITFINEX_TETHER_0309367, # (17) Exhibit 17: UNDER SEAL - BITFINEX_TETHER_0301483, # (18) Exhibit 18: UNDER SEAL - 2023.03.29 Ltr. L. King to E. Greenfield, # (19) Exhibit 19: UNDER SEAL - 2023.04.24 Ltr. BT Defendants to Plaintiffs, # (20) Exhibit 20: UNDER SEAL - BITFINEX_TETHER_0990047, # (21) Exhibit 21: UNDER SEAL - Anonymous Trader Declaration 10.27.20, # (22) Exhibit 22: 2018.11.27 Bitfinex Announces Tether Neutrality, # (23) Exhibit 23: UNDER SEAL - BITFINEX_TETHER_0470251)Motion or Order to File Under Seal: [327].(Dunlap, Andrew)
LETTER MOTION to Seal Letter Motion for Local Rule 37.2 Conference addressed to Judge Katherine Polk Failla from Andrew R. Dunlap and Todd M. Schneider dated April 24, 2023. Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, Jason Leibowitz, Matthew Script..(Dunlap, Andrew)
NOTICE of Withdrawal of Caitlin Halligan as Attorney of Record. Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, Jason Leibowitz, Matthew Script..(Dunlap, Andrew)
LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Katherine Polk Failla from Elliot Greenfield dated April 20, 2023. Document filed by BFXNA Inc., BFXWW Inc., Giancarlo Devasini, DigFinex Inc., Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, iFinex Inc., Ludovicus Jan van der Velde. (Attachments: # (1) Exhibit A Subpoena to Payward Ventures, Inc. (d/b/a Kraken), # (2) Exhibit B Email from Kraken to Stuart Hoegner, # (3) Exhibit C Email correspondence between parties).(Greenfield, Elliot)
Attachment 1 Exhibit A Subpoena to Payward Ventures, Inc. (d/b/a Kraken)
Attachment 2 Exhibit B Email from Kraken to Stuart Hoegner
Attachment 3 Exhibit C Email correspondence between parties
MEMO ENDORSEMENT on re: [323] Notice (Other) filed by Matthew Script, Aaron Leibowitz, Jason Leibowitz, Pinchas Goldshtein, Benjamin Leibowitz, David Leibowitz. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge Katherine Polk Failla on 3/17/2023) (rro)
NOTICE of Withdrawal of Aaron Leibowitz as Named Plaintiff and Proposed Class Representative. Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, David Leibowitz, Jason Leibowitz, Matthew Script..(Schneider, Todd)
ORDER denying [318] Letter Motion for Conference re: [318] LETTER MOTION for Conference Plaintiffs' Letter Motion Requesting a Pre-Motion Conference addressed to Judge Katherine Polk Failla from Caitlin Halligan and Todd M. Schneider dated March 7, 2023, [319] LETTER MOTION for Conference . Plaintiffs' Letter Motion Requesting a Pre-Motion Conference (REDACTED) addressed to Judge Katherine Polk Failla from Caitlin Halligan and Todd M. Schneider dated March 7, 2023 ; denying [319] Motion for Conference re: [318] LETTER MOTION for Conference Plaintiffs' Letter Motion Requesting a Pre-Motion Conference addressed to Judge Katherine Polk Failla from Caitlin Halligan and Todd M. Schneider dated March 7, 2023., [319] LETTER MOTION for Conference . Plaintiffs' Letter Motion Requesting a Pre-Motion Conference (REDACTED) addressed to Judge Katherine Polk Failla from Caitlin Halligan and Todd M. Schneider dated March 7, 2023. The Court is in receipt of Plaintiffs' letter motion to compel Bittrex to (i) search for and produce documents from all messaging platforms used by its employees who are custodians; (ii) determine if it can collect and produce the same for former employees; and (iii) provide contact information of former employees who are custodians in the event that Bittrex does not have the practical ability to produce former employees' documents. (Dkt. #318, 319). Bittrex opposes Plaintiffs' requests in their entirety. (Dkt. #321). For the following reasons, the Court DENIES Plaintiffs' requests. To narrow the scope of the Court's discussion, it begins with what is not at issue. First, Bittrex does not contend that its present employees' communications on non-authorized channels, like Skype or Telegram, are not within its "custody or control." (Dkt. #318 at 2; 321 at 2-3). Instead, Bittrex argues that it is unlikely that searching such channels will bear fruit, and that Plaintiffs have made little to no showing that Bittrex's employees' personal accounts contain responsive documents in order to justify the searches. (Dkt. #321 at 1-2). Second, the parties do not dispute that under prevailing law, a company may have the practical ability to obtain documents from former employees if, for example, those former employees have signed separation agreements requiring cooperation in litigation. (Dkt. #318 at 3). Bittrex simply attests that it has searched for such agreements and has found none, and thus "there is no basis for Bittrex to demand their compliance with dscovery." (Dkt. #321 at 3). Turning first to Plaintiffs' request with regard to searching and producing documents on Bittrex's current employees' personal accounts, the Court does not believe that Plaintiffs have shown that such request is proportional to the needs of this case or that Bittrex has not already exercised diligence in producing relevant communications. As noted in the parties' letters, Bittrex reviewed and produced communications on personal accounts for Richie Lai and Bill Shihara, two high-level officers at the company. (Dkt. #318 at 2; 321 at 1-2). Those searches yielded limited responsive documents on these officers' personal accounts, and the communications appear personal, rather than related to this case's allegations. (Dkt. #321 at 1-2). Other than citing to a smattering of references to possible use of Skype, Plaintiffs cannot meaningfully suggest that Bittrex employees appear to have used other platforms for business purposes in the ordinary course. (Dkt. #318 at 1-2). More fundamentally, the Court agrees with Bittrex that it has exercised reasonable diligence proportional to the needs of this case in response to Plaintiffs' concerns about communications on non-authorized channels. Again, Bittrex searched for and provided documents responsive to Plaintiffs' requests for two of its most senior officers. And Plaintiffs' motion is made in the context of having already conducted substantial document discovery. That Bittrex may have the practical ability to obtain other employees' personal communications on non-work channels does not mean that searches of such channels are justified or proportional to the needs of this case. See, e.g., Precision Med. Grp., LLC v. Blue Matter, LLC, No. 20 Civ. 2974 (PGG) (SLC), 2020 WL 7352509, at *3 (S.D.N.Y. Dec. 15, 2020) ("Absent from the record here is any basis on which to conclude that [individual] forwarded any [company] emails, or emails with the [i]ndividual [d]efendants on matters relating to this action, to his personal account."); see also id. (distinguishing cases, including Royal Park Invs. SA/NV v. Deutsche Bank Nat'l Tr. Co., No. 14 Civ. 4394 (AJN) (BCM), 2016 WL 5408171 (S.D.N.Y. Sept. 27, 2016), where moving party showed that employees necessarily communicated about matters related to the company because they lacked corporate email accounts). The Court understands that, like many discovery disputes, it must contend with hypotheticals; because Bittrex has not searched all of its employees' personal, non-work accounts, it is impossible to know with certainty that there are no potentially responsive documents. But again, at this late stage in discovery, the Court is concerned with whether new discovery would be proportional to the needs of this case. See, e.g., Frazier v. Morgan Stanley & Co., LLC, No. 16 Civ. 804 (RJS), 2021 WL 2709250, at *2 (S.D.N.Y. July 1, 2021) ("The Court denies [p]laintiffs' request for production of additional emails through new term searches or [p]laintiffs entire email boxes as overly burdensome and not proportional to the remaining issues in this case."). Ordering Bittrex to search through its employees' personal accounts without any showing that such exercise is likely to produce additional relevant, noncumulative information is not proportional to this case, particularly in light of Bitrrex's efforts to date. If this is the case for Bittrex's current employees, it is certainly the case for its former employees. Plaintiffs have made no showing that Bittrex's former employees likely possess responsive documents on nonauthorized, personal accounts. Bittrex notes that it searched for any separation agreements that would require former employees' cooperation with discovery requests, and has found none. (Dkt. #321 at 3). Though of course Bittrex could simply ask its former employees if they would willingly cooperate with searches of their personal accounts, see Royal Park Invs. SA/NV, 2016 WL 5408171, at *7, Plaintiffs have not demonstrated in the first instance that those former employees are likely in possession of responsive information. (Dkt. #318 at 3). Finally, the Court agrees with Bittrex that Plaintiffs have not shown why Bittrex should provide Plaintiffs with current contact information for its former employees. (Dkt. #321 at 3). It is far too late in this litigation for Plaintiffs to pursue new discovery against non-parties, by, for example, serving subpoenas on such non-parties. The Court definitively noted as much in the February 8, 2023 conference. Accordingly, the Court DENIES Plaintiffs' letter motion in its entirety. The Clerk of Court is directed to terminate the pending motions at docket entries 318 and 319. SO ORDERED. (Signed by Judge Katherine Polk Failla on 3/15/2023) (va)
LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine Polk Failla from Abby F. Rudzin dated 3/14/2023 re: [318] LETTER MOTION for Conference . Plaintiffs' Letter Motion Requesting a Pre-Motion Conference addressed to Judge Katherine Polk Failla from Caitlin Halligan and Todd M. Schneider dated March 7, 2023. . Document filed by Bittrex, Inc.. (Attachments: # (1) Exhibit 1- Email dated October 12, 2022, # (2) Exhibit 2- Email dated February 17, 2023, # (3) Exhibit 3- Email dated March 13, 2023).(Rudzin, Abby)
Attachment 1 Exhibit 1- Email dated October 12, 2022
Attachment 2 Exhibit 2- Email dated February 17, 2023
Attachment 3 Exhibit 3- Email dated March 13, 2023
ORDER granting [317] Letter Motion to Seal. Application GRANTED. The Clerk of Court is directed to terminate the pending motion at docket entry 317. SO ORDERED. (Signed by Judge Katherine Polk Failla on 3/10/2023) (tg)
LETTER MOTION for Conference . Plaintiffs' Letter Motion Requesting a Pre-Motion Conference (REDACTED) addressed to Judge Katherine Polk Failla from Caitlin Halligan and Todd M. Schneider dated March 7, 2023. Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, Jason Leibowitz, Matthew Script. (Attachments: # (1) Exhibit A - First RFPs on Bittrex, # (2) Exhibit B - Bittrex's Responses and Objections to First RFPs, # (3) Exhibit C - Party Emails re Bittrex Messaging Platforms, # (4) Exhibit D - (FILED UNDER SEAL), # (5) Exhibit E - (FILED UNDER SEAL), # (6) Exhibit F - (FILED UNDER SEAL), # (7) Exhibit G - (FILED UNDER SEAL), # (8) Exhibit H - (FILED UNDER SEAL), # (9) Exhibit I - (FILED UNDER SEAL), # (10) Exhibit J - (FILED UNDER SEAL), # (11) Exhibit K - (FILED UNDER SEAL), # (12) Exhibit L - (FILED UNDER SEAL), # (13) Exhibit M - (FILED UNDER SEAL), # (14) Exhibit N - (FILED UNDER SEAL), # (15) Exhibit O - (FILED UNDER SEAL), # (16) Exhibit P - (FILED UNDER SEAL)).(Halligan, Caitlin)
***SELECTED PARTIES*** LETTER MOTION for Conference . Plaintiffs' Letter Motion Requesting a Pre-Motion Conference addressed to Judge Katherine Polk Failla from Caitlin Halligan and Todd M. Schneider dated March 7, 2023. Document filed by Benjamin Leibowitz, Jason Leibowitz, Aaron Leibowitz, Matthew Script, Pinchas Goldshtein, BFXNA Inc., BFXWW Inc., Bittrex, Inc., Crypto Capital Corp., David Crystal, Giancarlo Devasini, DigFinex Inc., Joseph Ebanks, Joseph Ebanks, Bryan Faubus, Reginald Fowler, Global Trade Solutions AG, John Does 1-50, Adam Kurtz, David Leibowitz, Poloniex, LLC, Philip G. Potter, Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, Eric Young, iFinex Inc., Ludovicus Jan van der Velde. (Attachments: # (1) Exhibit A - First RFPs on Bittrex, # (2) Exhibit B - Bittrex's Responses and Objections to First RFPs, # (3) Exhibit C - Party Emails re Bittrex Messaging Platforms, # (4) Exhibit D - (FILED UNDER SEAL) Bittrex's Reponses and Objections to First Interrogatories, # (5) Exhibit E - (FILED UNDER SEAL) Bittrex0002459, # (6) Exhibit F - (FILED UNDER SEAL) Bittrex0001600, # (7) Exhibit G - (FILED UNDER SEAL) BITFINEX_TETHER_0574973, # (8) Exhibit H - (FILED UNDER SEAL) POLONIEX_00001840 - POLONIEX_00001842, # (9) Exhibit I - (FILED UNDER SEAL) POLONIEX_00001694, # (10) Exhibit J - (FILED UNDER SEAL) BITFINEX_TETHER_0038844, # (11) Exhibit K - (FILED UNDER SEAL) Jan. 30 Letter to Bittrex, # (12) Exhibit L - (FILED UNDER SEAL) Feb. 12 Letter to Bittrex, # (13) Exhibit M - (FILED UNDER SEAL) Feb. 21 Letter to Plaintiffs, # (14) Exhibit N - (FILED UNDER SEAL) Feb. 24 Letter to Bittrex, # (15) Exhibit O - (FILED UNDER SEAL) March 3 Letter to Plaintiffs, # (16) Exhibit P - (FILED UNDER SEAL) POTTER-00001469)Motion or Order to File Under Seal: [317].(Halligan, Caitlin)
LETTER MOTION to Seal Plaintiffs' Letter Motion Requesting a Pre-Motion Conference and Certain Exhibits addressed to Judge Katherine Polk Failla from Caitlin Halligan and Todd M. Schneider dated March 9, 2023. Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, Jason Leibowitz, Matthew Script..(Halligan, Caitlin)
ORDER granting [312] Letter Motion for Discovery. Application GRANTED. The B/T Defendants may serve the interrogatory discussed above and attached as Exhibit 1 to their letter motion on Plaintiffs. The Clerk of Court is directed to terminate the pending motion at docket entry 312. SO ORDERED.. (Signed by Judge Katherine Polk Failla on 3/7/2023) (ks)
ORDER granting [314] Letter Motion for Discovery. Application GRANTED. Plaintiffs may serve the interrogatories discussed above and attached as Exhibits A & B on Poloniex and Bittrex. The Clerk of Court is directed to terminate the pending motion at docket entry 314. SO ORDERED.. (Signed by Judge Katherine Polk Failla on 3/7/2023) (ks)
LETTER MOTION for Discovery addressed to Judge Katherine Polk Failla from Caitlin Halligan and Todd M. Schneider dated March 6, 2023. Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, Jason Leibowitz, Matthew Script. (Attachments: # (1) Exhibit A- Revised Interrogatories to Poloniex, LLC., # (2) Exhibit B- Revised Interrogatories to Bittrex, Inc.).(Halligan, Caitlin)
Attachment 1 Exhibit A- Revised Interrogatories to Poloniex, LLC
Attachment 2 Exhibit B- Revised Interrogatories to Bittrex, Inc.
MEMO ENDORSEMENT on [311] granting [307] Letter Motion for Discovery; granting [308] Letter Motion for Discovery. ENDORSEMENT: The Court is in receipt of Plaintiffs' letter request seeking the Court's permission to serve three interrogatories on the B/T Defendants (Dkt. #307-308), and the B/T Defendants' above response. On the whole, the parties appear to be in agreement on the interrogatories, and the Court appreciates the compromises that the parties have reached with respect to the interrogatories. To the extent that the parties disagree over what a proper response to Interrogatory No. 13 will look like, such dispute is premature. The Court expects that the parties can work through any issues in responding to Interrogatory No. 13 through meeting and conferring once the interrogatory is served. Accordingly, the Court GRANTS Plaintiffs' request to serve InterrogatoriesNos. 13-15 on the B/T Defendants. Should the B/T Defendants decide that they wish to serve the interrogatory discussed in Plaintiff's letter (Dkt. #307 at 3), they are directed to file a letter request on the docket. The Clerk of Court is directed to terminate the pending motions at docket entries 307 and 308. (Signed by Judge Katherine Polk Failla on 3/6/2023) (rro)
LETTER MOTION for Discovery - Request for Leave to Serve Proposed Interrogatory on Plaintiffs addressed to Judge Katherine Polk Failla from Elliot Greenfield dated March 6, 2023. Document filed by BFXNA Inc., BFXWW Inc., Giancarlo Devasini, DigFinex Inc., Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, iFinex Inc., Ludovicus Jan van der Velde. (Attachments: # (1) Exhibit 1 - Proposed Interrogatory).(Greenfield, Elliot)
LETTER RESPONSE to Motion addressed to Judge Katherine Polk Failla from Elliot Greenfield dated March 3, 2023 re: [307] LETTER MOTION for Discovery - Request for Leave to Serve Proposed Interrogatories on B/T Defendants addressed to Judge Katherine Polk Failla from Caitlin Halligan and Todd M. Schneider dated February 28, 2023. / Letter in Response to Plaintiffs' Motion for Leave to Serve Interrogatories on B/T Defendants. Document filed by BFXNA Inc., BFXWW Inc., Giancarlo Devasini, DigFinex Inc., Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, iFinex Inc., Ludovicus Jan van der Velde..(Greenfield, Elliot)
ORDER terminating [299] Letter Motion for Discovery; terminating [301] Letter Motion for Discovery; terminating [302] Letter Motion for Discovery. The Court recognizes that this Order may cause Plaintiffs to reconsider whether they wish to pursue the interrogatory, given this Court's modification of it. Moreover, Bittrex has already previewed what its response to the interrogatory may look like, at least in part. Accordingly, Plaintiffs are directed to meet and confer with Bittrex and Poloniex and submit a revised proposed interrogatory to the Court in line with this Order by March 6, 2023. If Plaintiffs no longer wish to pursue the interrogatory, they are directed to apprise the Court by March 6, 2023. The Clerk of Court is directed to terminate the pending motions at docket entries 299, 301, and 302. (Signed by Judge Katherine Polk Failla on 3/1/2023) (rro)
ORDER granting [306] Letter Motion to Seal. Application GRANTED. The Clerk of Court is directed to terminate the pending motion at docket entry 306. (Signed by Judge Katherine Polk Failla on 3/1/2023) (rro)
LETTER MOTION for Discovery - Request for Leave to Serve Proposed Interrogatories on B/T Defendants (REDACTED) addressed to Judge Katherine Polk Failla from Caitlin Halligan and Todd M. Schneider dated February 28, 2023. Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, Jason Leibowitz, Matthew Script. (Attachments: # (1) Exhibit A - Plaintiffs' Second Interrogatories to B/T Defendants (Nov. 23, 2022), # (2) Exhibit B - B/T Defendants' Email to Plaintiffs (Dec. 23, 2022), # (3) Exhibit C - (FILED UNDER SEAL), # (4) Exhibit D - (FILED UNDER SEAL), # (5) Exhibit E - (FILED UNDER SEAL), # (6) Exhibit F - (FILED UNDER SEAL), # (7) Exhibit G - (FILED UNDER SEAL), # (8) Exhibit H - (FILED UNDER SEAL), # (9) Exhibit I - (FILED UNDER SEAL), # (10) Exhibit J - (FILED UNDER SEAL), # (11) Exhibit K - Proposed Second Interrogatories on B/T Defendants (Feb. 28, 2023)).(Halligan, Caitlin)
Attachment 1 Exhibit A - Plaintiffs' Second Interrogatories to B/T Defendants (Nov. 23, 2022)
Attachment 2 Exhibit B - B/T Defendants' Email to Plaintiffs (Dec. 23, 2022)
***SELECTED PARTIES*** LETTER MOTION for Discovery - Request for Leave to Serve Proposed Interrogatories on B/T Defendants addressed to Judge Katherine Polk Failla from Caitlin Halligan and Todd M. Schneider dated February 28, 2023. Document filed by Benjamin Leibowitz, Jason Leibowitz, Aaron Leibowitz, Matthew Script, Pinchas Goldshtein, BFXNA Inc., BFXWW Inc., Bittrex, Inc., Crypto Capital Corp., David Crystal, Giancarlo Devasini, DigFinex Inc., Joseph Ebanks, Joseph Ebanks, Bryan Faubus, Reginald Fowler, Global Trade Solutions AG, John Does 1-50, Adam Kurtz, David Leibowitz, Poloniex, LLC, Philip G. Potter, Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, Eric Young, iFinex Inc., Ludovicus Jan van der Velde. (Attachments: # (1) Exhibit A - Plaintiffs' Second Interrogatories to B/T Defendants (Nov. 23, 2022), # (2) Exhibit B - B/T Defendants' Email to Plaintiffs (Dec. 23, 2022), # (3) Exhibit C - (FILED UNDER SEAL) Plaintiffs' Email Correspondence with B/T Defendants, # (4) Exhibit D - (FILED UNDER SEAL) B/T Defendants' Letter to Plaintiffs (Jan. 19, 2023), # (5) Exhibit E - (FILED UNDER SEAL) Plaintiffs' Letter to B/T Defendants (Feb. 8, 2023), # (6) Exhibit F - (FILED UNDER SEAL) B/T Defendants' Letter to Plaintiffs (Feb. 16, 2023), # (7) Exhibit G - (FILED UNDER SEAL) Plaintiffs' Letter to B/T Defendants (Feb. 22, 2023), # (8) Exhibit H - (FILED UNDER SEAL) B/T Defendants' Letter to Plaintiffs (Feb. 27, 2023), # (9) Exhibit I - (FILED UNDER SEAL) B/T Defendants' Letter Response (Feb. 3, 2023), # (10) Exhibit J - (FILED UNDER SEAL) Reserve Report, # (11) Exhibit K - Proposed Second Interrogatories on B/T Defendants (Feb. 28, 2023))Motion or Order to File Under Seal: [306].(Halligan, Caitlin)
LETTER MOTION to Seal Plaintiffs' Letter Motion for Leave to Serve Proposed Interrogatories on B/T Defendants and Certain Exhibits addressed to Judge Katherine Polk Failla from Caitlin Halligan and Todd M. Schneider dated February 28, 2023. Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, Jason Leibowitz, Matthew Script..(Halligan, Caitlin)
LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine Polk Failla from Elliot Greenfield dated February 28, 2023 re: [301] LETTER MOTION for Discovery - Request for Leave to Serve Proposed Interrogatory on Bittrex addressed to Judge Katherine Polk Failla from Caitlin Halligan and Todd M. Schneider dated February 23, 2023. / Response in Opposition to Plaintiffs' Motion for Leave to Serve Interrogatories. Document filed by BFXNA Inc., BFXWW Inc., Giancarlo Devasini, DigFinex Inc., Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, iFinex Inc., Ludovicus Jan van der Velde..(Greenfield, Elliot)
LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine Polk Failla from Abby F. Rudzin dated February 28, 2023 re: [301] LETTER MOTION for Discovery - Request for Leave to Serve Proposed Interrogatory on Bittrex addressed to Judge Katherine Polk Failla from Caitlin Halligan and Todd M. Schneider dated February 23, 2023. . Document filed by Bittrex, Inc.. (Attachments: # (1) Exhibit A - Email dated December 7, 2022, # (2) Exhibit B - Email dated December 23, 2022, # (3) Exhibit C - Hearing Transcript Docket Entry - February 14, 2023).(Rudzin, Abby)
Attachment 1 Exhibit A - Email dated December 7, 2022
Attachment 2 Exhibit B - Email dated December 23, 2022
Attachment 3 Exhibit C - Hearing Transcript Docket Entry - February 14, 2023
ORDER granting [300] Letter Motion to Seal. Application GRANTED. The Clerk of Court is directed to terminate the pending motion at docket entry 300. SO ORDERED.. (Signed by Judge Katherine Polk Failla on 2/24/2023) (kv)
LETTER MOTION for Discovery - Request for Leave to Serve Proposed Interrogatory on Bittrex addressed to Judge Katherine Polk Failla from Caitlin Halligan and Todd M. Schneider dated February 23, 2023. Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, Jason Leibowitz, Matthew Script. (Attachments: # (1) Exhibit A - Proposed Interrogatory, # (2) Exhibit B - (FILED UNDER SEAL), # (3) Exhibit C - (FILED UNDER SEAL), # (4) Exhibit D - (FILED UNDER SEAL), # (5) Exhibit E - Plaintiffs' Letter to Bittrex (Feb. 22, 2023)).(Halligan, Caitlin)
***SELECTED PARTIES*** LETTER MOTION for Discovery - Request for Leave to Serve Proposed Interrogatory on Bittrex addressed to Judge Katherine Polk Failla from Caitlin Halligan and Todd M. Schneider dated February 23, 2023. Document filed by Benjamin Leibowitz, Jason Leibowitz, Aaron Leibowitz, Matthew Script, Pinchas Goldshtein, BFXNA Inc., BFXWW Inc., Bittrex, Inc., Crypto Capital Corp., David Crystal, Giancarlo Devasini, DigFinex Inc., Joseph Ebanks, Joseph Ebanks, Bryan Faubus, Reginald Fowler, Global Trade Solutions AG, John Does 1-50, Adam Kurtz, David Leibowitz, Poloniex, LLC, Philip G. Potter, Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, Eric Young, iFinex Inc., Ludovicus Jan van der Velde. (Attachments: # (1) Exhibit A - Proposed Interrogatory, # (2) Exhibit B - (FILED UNDER SEAL) Email Correspondence, # (3) Exhibit C - (FILED UNDER SEAL) Plaintiffs' Letter to Bittrex (Feb. 12, 2023), # (4) Exhibit D - (FILED UNDER SEAL) Letter to Plaintiffs (Feb. 21, 2023), # (5) Exhibit E - Plaintiffs' Letter to Bittrex (Feb. 22, 2023))Motion or Order to File Under Seal: [300].(Halligan, Caitlin)
LETTER MOTION to Seal Plaintiffs' Letter Motion for Leave to Serve Proposed Interrogatory on Bittrex and Certain Exhibits addressed to Judge Katherine Polk Failla from Caitlin Halligan and Todd M. Schneider dated February 23, 2023. Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, Jason Leibowitz, Matthew Script..(Halligan, Caitlin)
LETTER MOTION for Discovery - Request for Leave to Serve Proposed Interrogatory on Poloniex addressed to Judge Katherine Polk Failla from Caitlin Halligan and Todd M. Schneider dated February 23, 2023. Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, Jason Leibowitz, Matthew Script. (Attachments: # (1) Exhibit A - Proposed Interrogatory).(Halligan, Caitlin)
AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c). Fact discovery shall be substantially completed no later than March 22, 2023. All fact discovery shall be completed no later than July 24, 2023. Class certification shall be governed by the following deadlines: i. Plaintiffs' motion for class certification and supporting expert reports are due August 22, 2023. ii. Defendants' deadline to depose Plaintiffs' class certification experts is October 23, 2023. iii. Defendants' opposition to class certification and supporting expert reports are due November 22, 2023. iv. Plaintiffs' deadline to depose Defendants' class certification experts is January 22, 2024. v. Plaintiffs' reply in support of class certification is due February 22, 2024. All expert discovery, including reports, production of underlying documents, and depositions, shall be completed no later than 9 months after any order certifying a class. Depositions of fact witnesses shall be completed by July 24, 2023. This case is to be tried to a jury. Counsel for the parties have conferred and the present best estimate of the length of trial is six weeks. Motions due by 8/22/2023. Responses due by 11/22/2023 Replies due by 2/22/2024. Deposition due by 1/22/2024. Fact Discovery due by 7/24/2023. (Signed by Judge Katherine Polk Failla on 2/17/2023) (rro)
Filed: None, Entered: None
set/reset hearings
Set/Reset Hearings: Pretrial Conference set for 8/1/2023 at 03:00 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (rro)
Filed: None, Entered: None
set/reset hearings
Set/Reset Hearings: Pretrial Conference set for 8/1/2023 at 03:00 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (rro)
JOINT LETTER addressed to Judge Katherine Polk Failla from Caitlin Halligan, Todd M. Schneider, Elliot Greenfield, Michael Jason Lee, Sunjina K. Ahuja, Esq., Charles D. Cording, Abby F. Rudzin, Greg J. Hollon, Matthew G. Lindenbaum, and Robert L. Lindholm dated February 16, 2023 re: Directive to Submit a Revised Proposed Case Management Plan. Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, Jason Leibowitz, Matthew Script. (Attachments: # (1) Exhibit A - Proposed Case Management Plan, # (2) Exhibit B - Redline of Proposed Case Management Plan Against [194]).(Halligan, Caitlin)
Attachment 1 Exhibit A - Proposed Case Management Plan
Attachment 2 Exhibit B - Redline of Proposed Case Management Plan Against [194]
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a VIDEO CONFERENCE proceeding held on 2/8/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(js)
TRANSCRIPT of Proceedings re: VIDEOCONFERENCE held on 2/8/2022 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/7/2023. Redacted Transcript Deadline set for 3/17/2023. Release of Transcript Restriction set for 5/15/2023. (js)
Filed: None, Entered: None
discovery hearing
Minute Entry for proceedings held before Judge Katherine Polk Failla: Discovery Hearing held on 2/8/2023. Attorneys Caitlin Joan Halligan, Laura King, Matthew Sinclair Weiler, and Andrew Riggs Dunlap representing Plaintiffs present. Attorneys Elliot Greenfield, and Michael Jason Lee representing iFinex Defendants present. Attorney Charles Dean Cording representing Defendant Philip G. Potter present. Attorneys Matthew G. Lindenbaum and Robert Lauri Lindholm, Jr. representing Defendant Poloniex present. Attorneys Abby Faith Rudzin and Gregory Hollon representing Defendant Bittrex, Inc. present. (Court Reporter recorded) (tn)
Filed: None, Entered: None
Notice (other)
NOTICE OF PUBLIC REMOTE ACCESS re: (287 in 1:19-cv-09236-KPF) Order on Motion for Extension of Time to Complete Discovery: The video conference scheduled for 2/8/2023, will be publicly accessible via audio only at (646) 453-4442, Conference ID 732 005 271#. Instructions to video participants will be sent separately in advance of the conference. ***No PDF is attached to this entry. Filed In Associated Cases: 1:19-cv-09236-KPF, 1:20-cv-00169-KPF, 1:20-cv-00211-KPF, 1:20-cv-00453-KPF. (tn)
ORDER FOR ADMISSION PRO HAC VICE Sarkis granting [292] Motion for Sunny S. Sarkis to Appear Pro Hac Vice. (Signed by Judge Katherine Polk Failla on 2/3/2023) (ks)
ORDER FOR ADMISSION PRO HAC VICE granting [291] Motion for Mahzad K. Hite to Appear Pro Hac Vice. (Signed by Judge Katherine Polk Failla on 2/3/2023) (ks)
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [292] MOTION for Sunny S. Sarkis to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
MOTION for Sunny S. Sarkis to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, David Leibowitz, Jason Leibowitz. (Attachments: # (1) Affidavit of Sunny S. Sarkis, # (2) Exhibit - Certificate of Good Standing, # (3) Text of Proposed Order - Proposed Order).(Sarkis, Sunny)
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [291] MOTION for Mahzad K. Hite to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
MOTION for Mahzad K. Hite to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, David Leibowitz, Jason Leibowitz. (Attachments: # (1) Affidavit of Mahzad K. Hite, # (2) Exhibit - Certificate of Good Standing, # (3) Text of Proposed Order - Proposed Order).(Hite, Mahzad)
Filed: None, Entered: None
Notice Regarding Deficient Motion to Appear Pro Hac Vice
>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. [290] MOTION for Mahzad K. Hite to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27267604. Motion and supporting papers to be reviewed by Clerk's Office staff., [289] MOTION for Sunny S. Sarkis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27267497. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): Affidavit(s) missing notary stamp. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (sac)
FILING ERROR - DEFICIENT DOCKET ENTRY MOTION for Mahzad K. Hite to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27267604. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, David Leibowitz, Jason Leibowitz. (Attachments: # (1) Affidavit of Mahzad K. Hite, # (2) Exhibit - Certificate of Good Standing, # (3) Text of Proposed Order Proposed Order).(Hite, Mahzad) Modified on 2/1/2023 (sac).
FILING ERROR - DEFICIENT DOCKET ENTRY MOTION for Sunny S. Sarkis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27267497. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, David Leibowitz, Jason Leibowitz. (Attachments: # (1) Affidavit of Sunny S. Sarkis, # (2) Exhibit Certificate of Good Standing, # (3) Text of Proposed Order Proposed Order).(Sarkis, Sunny) Modified on 2/1/2023 (sac).
ORDER terminating [277] Letter Motion for Discovery; terminating [278] Letter Motion for Discovery. The Court is in receipt of Plaintiffs' above letter requesting modification of the protocol for confidential treatment of the Anonymous Trader's information (Dkt. #277-78), as well as a response from the Anonymous Trader (Dkt. #286). As an initial matter, the Court appreciates Plaintiffs' work to accommodate the Anonymous Trader as it relates to sharing of his information with non-attorney staff, as well as the Anonymous Trader's agreement that the staff listed in Exhibit A to Plaintiffs' letter be allowed to access unredacted versions of documents related to the Anonymous Trader as long as such staff agree to be bound by the protective order in this case. Accordingly, the Court modifies the redaction procedure presently in place (Dkt. #215) in line with Plaintiffs' and the Anonymous Trader's agreement, such that these non-attorney staff can access unredacted documents if they agree to be bound by the protective order. The crux of this dispute, then, is whether the Court's protocol for treatment of the Anonymous Trader's information should be modified as it relates to sharing information with experts or other non-firm staff. On this issue, the Court agrees with the Anonymous Trader, and will not modify the redaction procedure such that experts or other third parties can access unredacted information or documents. As the Court has explained multiple times, and as the Anonymous Trader has reiterated in his latest letter, Anonymous Trader has a clear privacy interest in limiting his personal information from being shared in this case. Although the Court is aware that its prior Orders restricting the dissemination of non-redacted documents and information impose burdens on Plaintiffs, the Court does not believe that such burdens outweigh the Anonymous Trader's interest in safeguarding his personal information and identity. Indeed, the Court has appointed Plaintiffs' firms because of their representations that they are capable and willing to address the demands of this case, of which this issue is one. Further, as it relates to experts, the Court presumes that Plaintiffs are submitting only a subset of documents to their experts for review, thus easing the burden of reviewing and redacting these documents in line with the Court's prior Orders. To be clear, the Court does not distrust any party to this case; it simply recognizes the reality that the Anonymous Trader's privacy may be compromised by a wider distribution of his personal information. The Court understands Plaintiffs' current concern that Defendants may not be subject to the same protocol regarding treatment of the Anonymous Trader's information. Because the Court has set a conference to discuss discovery-related issues in this case, the parties should come prepared to discuss whether Defendants must also be subject to the Court's prior Orders regarding dissemination of the Anonymous Trader's information to experts and other third parties. The Clerk of Court is directed to terminate the pending motions at docket entries 277 and 278. (Signed by Judge Katherine Polk Failla on 1/27/2023) (rro)
Order on Motion for Extension of Time to Complete Discovery.
ORDER terminating [274] Letter Motion for Extension of Time to Complete Discovery; terminating [275] Letter Motion for Extension of Time to Complete Discovery. The Court is in receipt of Plaintiffs' letter motion for an extension of time to complete fact discovery (Dkt. #274-75), as well as Defendants' responses (Dkt. #283-85). Given the parties' disagreements over how to proceed through fact discovery in this case, as well as disputes over what has occasioned the delays in completing fact discovery, the parties are ORDERED to appear for a video conference on February 8, 2023, at 11:00 a.m. Instructions to video participants will be sent in advance of the conference. The parties are expected to be prepared to discuss the substance of the above-cited letters, as well as the Court's January 27, 2023 Order regarding treatment of the Anonymous Trader's information. The Clerk of Court is directed to terminate the pending motions at docket entries 274 and 275. (Signed by Judge Katherine Polk Failla on 1/27/2023) (rro)
***SELECTED PARTIES*** LETTER addressed to Judge Katherine Polk Failla from Third Party Account Holder dated 1/27/2023 re: I respectfully ask the Court to maintain the heightened confidentiality protections provided in its April 20, 2022 Order. Motion or Order to File Under Seal: [281].(tn) Modified on 1/27/2023 (tn).
LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine Polk Failla from Abby F. Rudzin dated January 26, 2023 re: [274] LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Katherine Polk Failla from Caitlin Halligan and Todd M. Schneider dated January 23, 2023. . Document filed by Bittrex, Inc.. (Attachments: # (1) Exhibit A).(Rudzin, Abby)
LETTER addressed to Judge Katherine Polk Failla from Matthew G. Lindenbaum dated January 26, 2023 re: In re Tether and Bitfinex Crypto Asset Litigation,. Document filed by Poloniex, LLC..(Lindenbaum, Matthew)
LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine Polk Failla from Elliot Greenfield dated January 26, 2023 re: [274] LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Katherine Polk Failla from Caitlin Halligan and Todd M. Schneider dated January 23, 2023. / Response in Opposition to Plaintiffs' Letter Motion for Extension of Time to Complete Discovery. Document filed by BFXNA Inc., BFXWW Inc., Giancarlo Devasini, DigFinex Inc., Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, iFinex Inc., Ludovicus Jan van der Velde..(Greenfield, Elliot)
NOTICE OF APPEARANCE by Natascha Born on behalf of BFXNA Inc., BFXWW Inc., Giancarlo Devasini, DigFinex Inc., Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, iFinex Inc., Ludovicus Jan van der Velde..(Born, Natascha)
ORDER: On January 26, 2023, the Anonymous Trader communicated with the Court, and wishes to submit a response to Plaintiffs letter regarding the treatment of the Anonymous Traders information. (Dkt. #277-78). The Anonymous Trader wishes to submit this letter under seal. The Court GRANTS the Anonymous Traders request, and the letter response will be filed under seal, viewable only to the parties and to the Court. The Anonymous Trader is directed to submit this letter by January 27, 2023. (Signed by Judge Katherine Polk Failla on 1/26/2023) (rro)
ORDER granting [276] Letter Motion to Seal. Application GRANTED. The Clerk of Court is directed to terminate the pending motion at docket entry 276. (Signed by Judge Katherine Polk Failla on 1/24/2023) (rro)
ORDER granting [273] Letter Motion to Seal. Application GRANTED. The Clerk of Court is directed to terminate the pending motion at docket entry 273. (Signed by Judge Katherine Polk Failla on 1/24/2023) (rro)
LETTER MOTION for Discovery addressed to Judge Katherine Polk Failla from Caitlin Halligan and Todd M. Schneider dated January 23, 2023. Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, Jason Leibowitz, Matthew Script. (Attachments: # (1) Exhibit A - List of Non-Attorney Employees, # (2) Exhibit B - (FILED UNDER SEAL) Email Correspondence).(Halligan, Caitlin)
***SELECTED PARTIES*** LETTER MOTION for Discovery addressed to Judge Katherine Polk Failla from Caitlin Halligan and Todd M. Schneider dated January 23, 2023. Document filed by Benjamin Leibowitz, Jason Leibowitz, Aaron Leibowitz, Matthew Script, Pinchas Goldshtein, BFXNA Inc., BFXWW Inc., Bittrex, Inc., Crypto Capital Corp., David Crystal, Giancarlo Devasini, DigFinex Inc., Joseph Ebanks, Joseph Ebanks, Bryan Faubus, Reginald Fowler, Global Trade Solutions AG, John Does 1-50, Adam Kurtz, David Leibowitz, Poloniex, LLC, Philip G. Potter, Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, Eric Young, iFinex Inc., Ludovicus Jan van der Velde. (Attachments: # (1) Exhibit A - List of Non-Attorney Employees, # (2) Exhibit B - (FILED UNDER SEAL) Email Correspondence)Motion or Order to File Under Seal: [276].(Halligan, Caitlin)
LETTER MOTION to Seal Exhibit B to Plaintiffs' January 23, 2023 Protective Order Motion addressed to Judge Katherine Polk Failla from Caitlin Halligan and Todd M. Schneider dated January 23, 2023. Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, Jason Leibowitz, Matthew Script..(Halligan, Caitlin)
Motion for Extension of Time to Complete Discovery
LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Katherine Polk Failla from Caitlin Halligan and Todd M. Schneider dated January 23, 2023. Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, Jason Leibowitz, Matthew Script. (Attachments: # (1) Exhibit A - Proposed Order, # (2) Exhibit B - (FILED WITH REDACTION) Email Correspondence, # (3) Exhibit C - (FILED UNDER SEAL), # (4) Exhibit D - (FILED UNDER SEAL)).(Halligan, Caitlin)
Motion for Extension of Time to Complete Discovery
***SELECTED PARTIES*** LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Katherine Polk Failla from Caitlin Halligan and Todd M. Schneider dated January 23, 2023. Document filed by Benjamin Leibowitz, Jason Leibowitz, Aaron Leibowitz, Matthew Script, Pinchas Goldshtein, BFXNA Inc., BFXWW Inc., Bittrex, Inc., Crypto Capital Corp., David Crystal, Giancarlo Devasini, DigFinex Inc., Joseph Ebanks, Joseph Ebanks, Bryan Faubus, Reginald Fowler, Global Trade Solutions AG, John Does 1-50, Adam Kurtz, David Leibowitz, Poloniex, LLC, Philip G. Potter, Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, Eric Young, iFinex Inc., Ludovicus Jan van der Velde. (Attachments: # (1) Exhibit A - Proposed Order, # (2) Exhibit B - (FILED WITH REDACTION) Email Correspondence, # (3) Exhibit C - (FILED UNDER SEAL) January 17, 2023 Letter, # (4) Exhibit D - (FILED UNDER SEAL) BITFINEX_TETHER_0301215)Motion or Order to File Under Seal: [273].(Halligan, Caitlin)
LETTER MOTION to Seal Plaintiffs' Letter Motion to Extend and Certain Exhibits addressed to Judge Katherine Polk Failla from Caitlin Halligan and Todd M. Schneider dated January 23, 2023. Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, Jason Leibowitz, Matthew Script..(Halligan, Caitlin)
NOTICE OF APPEARANCE by Anne Arcoleo on behalf of Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, Jason Leibowitz, Matthew Script..(Arcoleo, Anne)
MEMO ENDORSEMENT granting [270] Motion to Withdraw as Attorney. ENDORSEMENT: Application GRANTED. Ms. Burke is permitted to withdraw as counsel of record for the above-listed Defendants. The Clerk of Court is directed to terminate Ms. Burke from the docket in this case, and to terminate the pending motion at docket entry 270. The Court wishes Ms. Burke the best in her future endeavors. Attorney Melanie Burke terminated.. (Signed by Judge Katherine Polk Failla on 1/23/2023) (rro)
MOTION for Melanie Burke to Withdraw as Attorney as to Defendants iFinex Inc., BFXNA Inc., BFXWW Inc., Tether Holdings Limited, Tether Limited, DigFinex Inc., Tether Operations Limited, Tether International Limited, Ludovicus Jan van der Velde and Giancarlo Devasini. Document filed by BFXNA Inc., BFXWW Inc., Giancarlo Devasini, DigFinex Inc., Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, iFinex Inc., Ludovicus Jan van der Velde..(Burke, Melanie)
NOTICE OF CHANGE OF ADDRESS by Elliot Greenfield on behalf of BFXNA Inc., BFXWW Inc., Giancarlo Devasini, DigFinex Inc., Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, iFinex Inc., Ludovicus Jan van der Velde. New Address: Debevoise & Plimpton LLP, 66 Hudson Boulevard, New York, New York, 10001, 212-909-6000..(Greenfield, Elliot)
ORDER terminating [264] Letter Motion for Local Rule 37.2 Conference. The Court is in receipt of Plaintiffs' pre-letter motion concerning a discovery dispute with Defendant Bittrex (Dkt. #264), as well as Bittrex's above response (Dkt. #266). Following the submission of Bittrex's response, Plaintiffs filed a brief reply letter, noting that Bittrex made a counter-proposal to include certain additional search terms in various searches just hours before Bittrex's submission of its letter, but that Bittrex still refuses to provide hit reports for the modified searches. (Dkt. #267). It is this Court's practice to not allow such reply letters, so it disregards Plaintiffs' reply arguments and considers only the new information about the proposed modified searches. As the docket in this case reflects, this dispute is the latest instantiation of the various parties' disagreements over relevance and burden as discovery progresses in this case. This dispute appears simple on its face: whether Bittrex must run a search string with or without the limiter "AND (Tether OR USDT)" to identify and produce documents responsive to several of Plaintiffs' requests for production ("RFPs"). (See Dkt. #264 at 1; Dkt. #266 at 1). The parties, however, are at an impasse over inclusion of these words in the relevant search string. The Court begins with relevance. Plaintiffs argue that the inclusion of this limiter will improperly cabin their RFPs and will result in Bittrex's search missing highly relevant documents. (Dkt. #264 at 2). Plaintiffs note that they have alleged that Bittrex facilitated manipulative trading on its exchange. (Id.). Because Bitfinex and Tether are under common control, Plaintiffs argue that it is possible that Bittrex's employees "discussed trades and transactions on Bitfinex without mentioning 'Tether' or 'USDT' specifically." (Id.). As such, Plaintiffs argue that use of the limiter would miss relevant documents that do not explicitly mention Tether or USDT, but that nonetheless substantiate their claims of market manipulation. (Id.). Plaintiffs also argue that these documents are relevant to their RFP regarding agreements between Bittrex and the B/T Defendants. (Id.). Bittrex, for its part, argues that Plaintiffs' proposed search will pick up irrelevant documents and is not proportional to Plaintiffs' allegations. (Dkt. #266 at 1-2). Bittrex notes that the search without use of a limiter will pick up wholly inconsequential documents (id. at 2), and is also not tied to the RFPs or Plaintiffs' allegations (id.). For example, Bittrex argues that this case is about using "fraudulently issued USDT" to buy cyptocommodities, and Plaintiffs' RFPs reflect the same (see id. (noting that RFPs 19 and 20 are related to "use of USDT")). Further, Bittrex has proposed including "Bitfinex" in certain searches to allay Plaintiffs' concerns that documents not explicitly referring to Tether or USDT would be missed. (Id. at 3). The Court has little difficulty deciding that the documents that Plaintiffs seek that could be possibly missed through inclusion of the limiter are relevant to their core theory of manipulation in this case. (Dkt. #264 at 2). Although that core theory is tied to use of unbacked Tether or USDT, Plaintiffs plainly explain why there is a small, but important, potential universe of documents that would nonetheless touch on this theory without explicitly mentioning Tether or USDT. (Id.). This scenario is not as stark as that presented by Bittrex's cited cases, in which a discovery request was found over-broad in part because the plaintiffs did not bring certain claims. See, e.g., Michael Kors, L.L.C. v. Su Yan Ye, No. 18 Civ. 2684 (KHP), 2019 WL 1517552, at *4 (S.D.N.Y. Apr. 8, 2019) ("This Court finds that some discovery concerning the MK Trademark is warranted, but that such discovery must be cabined so that it is proportional to the needs of this case and takes into account that there is no separate claim of trademark infringement."). Instead, Bittrex's main response is that running the disputed search without the limiter will pick up some inconsequential documents and may also bring in documents that do not purport to show any market manipulation through the use of Tether or USDT. (Dkt. #266 at 2-3). But the mere fact that some irrelevant documents may be picked up by the search in addition to possibly relevant documents does not mean that the limiter must be used. See, e.g., Fed. Hous. Fin. Agency v. Royal Bank of Scotland Grp. PLC, No. 11 Civ. 1383 (AWT), 2014 WL10988157, at *4 (D. Conn. May 13, 2014) ("The... [d]efendants provide noquantification of any type as to the number of false hits that is likely toresult from running the... [s]earch [t]erms and whether the number offalse hits that can be projected to result from running the... [s]earch[t]erms is disproportionate to the number of false hits that resulted from running other searches that the parties have deemed to not be unduly burdensome."); Bagley v. Yale Univ., 307 F.R.D. 59, 66 (D. Conn. 2015) ("The sense of irritated resignation conveyed by the familiar aphorism 'it's like looking for a needle in a haystack' does not exclude the possibility that there may actually be a needle (or two or three) somewhere in the haystack, and sharp needles at that."). As such, the Court indeed finds that "[t]he party seeking discovery [has borne] the initial burden of proving the discovery is relevant[,]" Citizens Union of City of New York v. Att'y Gen. of New York, 269 F. Supp. 3d 124, 139 (S.D.N.Y. 2017), and considers whether Bittrex has justified curtailing Plaintiffs' request. Bittrex maintains that a curtailed search is necessary because the requested search is unnecessarily burdensome and a modified search will resolve Plaintiffs' concerns. Taking the latter first, the Court is not inclined to credit Bittrex's last-minute maneuvering in response to Plaintiffs' premotion letter. (Dkt. #267 Exhibit A). Although the Court of course appreciates attempts at compromise, and as usual implores the parties to work through their disputes without Court intervention, Bittrex's proposal misses certain terms that Plaintiffs contend are relevant, and was not accompanied by hit reports. (Id.; see also Dkt. #266 at 3 (outlining proposed modified searches, which do not include all of the terms that Plaintiffs wish to include)). Had the parties worked through Bittrex's proposal before December 5, 2022, it is possible there would be no need for Court involvement. But because Plaintiffs bore their burden of explaining the relevance of their search without a limiter, the Court is not in a position to delete or otherwise modify certain search terms without more information. On burden, the search without the limiter would require Bittrex to review 1,536 additional documents and 117 additional Slack transcripts, as well as family members. (Dkt. #266 at 3; see also Dkt. #264 at 1). The parties do not appear to disagree on this fact (see, e.g., Dkt. #264 at 3 ("Bittrex... would need to review less than 1,600 additional documents and their associated families."), but do disagree as to how difficult review would be (id.; see also Dkt. #266 at 3 ("each Slack transcript requires line-by-line review of dozens of pages")). The number of additional documents alone does not resolve this issue. Instead, burden must be considered in light of relevance, discussed above, and the needs of the case. See, e.g., Malzberg v. New York Univ., No. 19 Civ. 10048 (LJL), 2020 WL 3618962, at *4 (S.D.N.Y. July 2, 2020) (considering burden in the context of proportionality of plaintiffs' request). Although the Court is of course cognizant that any request for production comes with attendant costs, the Court does not believe that Bittrex needing to review 18.7% more documents (Dkt. #266 at 1 n.1) is disproportionate or unduly burdensome in light of the substantial discovery in this case, the fact that discovery is electronic, and the allegations in the consolidated class action complaint (Dkt. #264 at 1). Moreover, the Court has rejected Bittrex's arguments on relevance, and believes that any incremental burden would be far outweighed by the potential relevance of the documents. Accordingly, the Court ORDERS Bittrex to run the search proposed in Plaintiffs' letter motion without use of the limiter. As is standard, the Court hopes that the parties can continue to work through discovery disputes without the Court's intervention. The Clerk of Court is directed to terminate the pending motion at docket entry 264. (Signed by Judge Katherine Polk Failla on 12/7/2022) (rro)
LETTER RESPONSE to Motion addressed to Judge Katherine Polk Failla from Caitlin Halligan and Todd M. Schneider dated December 6, 2022 re: [264] LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Katherine Polk Failla from Caitlin Halligan and Todd M. Schneider dated November 30, 2022. . Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, Jason Leibowitz, Matthew Script. (Attachments: # (1) Exhibit A- Correspondence).(Halligan, Caitlin)
LETTER RESPONSE to Motion addressed to Judge Katherine Polk Failla from Abby F. Rudzin dated December 5, 2022 re: [264] LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Katherine Polk Failla from Caitlin Halligan and Todd M. Schneider dated November 30, 2022. . Document filed by Bittrex, Inc...(Rudzin, Abby)
NOTICE OF APPEARANCE by Laura M. King on behalf of Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, Jason Leibowitz, Matthew Script..(King, Laura)
LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Katherine Polk Failla from Caitlin Halligan and Todd M. Schneider dated November 30, 2022. Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, Jason Leibowitz, Matthew Script. (Attachments: # (1) Exhibit A - November 15, 2022 Correspondence).(Halligan, Caitlin)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/3/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti)
TRANSCRIPT of Proceedings re: CONFERENCE held on 10/3/2022 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/6/2022. Redacted Transcript Deadline set for 12/16/2022. Release of Transcript Restriction set for 2/13/2023..(Moya, Goretti)
ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE granting [259] Motion for Srujana Shivji to Appear Pro Hac Vice. (Signed by Judge Katherine Polk Failla on 11/15/2022) (vfr)
NOTICE of Certification Regarding Confidential Information. Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, Jason Leibowitz, Matthew Script..(Freedman, Devin)
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (37 in 1:20-cv-00211-KPF, 259 in 1:19-cv-09236-KPF, 23 in 1:20-cv-00453-KPF, 44 in 1:20-cv-00169-KPF) MOTION for Srujana Shivji to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. Filed In Associated Cases: 1:19-cv-09236-KPF, 1:20-cv-00169-KPF, 1:20-cv-00211-KPF, 1:20-cv-00453-KPF(sgz)
MOTION for Srujana Shivji to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, David Leibowitz, Jason Leibowitz. (Attachments: # (1) Affidavit 1, # (2) Text of Proposed Order 2, # (3) Exhibit 3)Filed In Associated Cases: 1:19-cv-09236-KPF, 1:20-cv-00169-KPF, 1:20-cv-00211-KPF, 1:20-cv-00453-KPF.(Shivji, Srujana)
MEMO ENDORSEMENT on re: [257] Letter, filed by Tether Operations Limited, Tether Holdings Limited, iFinex Inc., Tether Limited, DigFinex Inc., Giancarlo Devasini, Ludovicus Jan van der Velde, BFXNA Inc., Tether International Limited, BFXWW Inc. ENDORSEMENT: The Court is in receipt of the above letter from the B/T Defendants, discussing correspondence with Roche Freedman LLP (now known as Freedman Normand Friedland LLP) regarding compliance with the Court's directive that the firm withdraw from the protective order and return or destroy any confidential materials covered by the protective order. (October 13, 2022 Minute Order). Given the representations in this letter, Freedman Normand Friedland LLP is hereby ORDERED to (i) confirm in writing that it has withdrawn from the protective order and has returned or destroyed any material produced by the Defendants and has returned or destroyed any documents that summarize, describe, or characterize material designated as confidential or attorneys' eyes only under the protective order; and (ii) explain in writing what steps the firm has taken in order to ensure that all such confidential information has been returned or destroyed. Freedman Normand Friedland shall comply with this Order by November 14, 2022. (Signed by Judge Katherine Polk Failla on 11/9/2022) (rro)
LETTER addressed to Judge Katherine Polk Failla from Elliot Greenfield dated November 9, 2022 re: Roche Freedman's Failure to Withdraw from Protective Order and Certify Destruction of Documents. Document filed by BFXNA Inc., BFXWW Inc., Giancarlo Devasini, DigFinex Inc., Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, iFinex Inc., Ludovicus Jan van der Velde..(Greenfield, Elliot)
Filed: None, Entered: None
Notice Regarding Deficient Motion to Appear Pro Hac Vice
>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. (43 in 1:20-cv-00169-KPF, 255 in 1:19-cv-09236-KPF, 36 in 1:20-cv-00211-KPF, 22 in 1:20-cv-00453-KPF) MOTION for Srujana Shivji to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-26929962. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): Affidavit not notarized. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. Filed In Associated Cases: 1:19-cv-09236-KPF, 1:20-cv-00169-KPF, 1:20-cv-00211-KPF, 1:20-cv-00453-KPF(sgz)
NOTICE OF APPEARANCE by Oscar Shine on behalf of Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, Jason Leibowitz, Matthew Script..(Shine, Oscar)
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Srujana Shivji to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-26929962. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, David Leibowitz, Jason Leibowitz. (Attachments: # (1) Affidavit 1, # (2) Text of Proposed Order 2, # (3) Exhibit 3)Filed In Associated Cases: 1:19-cv-09236-KPF, 1:20-cv-00169-KPF, 1:20-cv-00211-KPF, 1:20-cv-00453-KPF.(Shivji, Srujana) Modified on 11/9/2022 (sgz).
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a DECISION proceeding held on 10/13/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
TRANSCRIPT of Proceedings re: DECISION held on 10/13/2022 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Raquel Robles, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/18/2022. Redacted Transcript Deadline set for 11/28/2022. Release of Transcript Restriction set for 1/26/2023..(McGuirk, Kelly)
NOTICE OF APPEARANCE by Peter Schneider on behalf of Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, David Leibowitz, Jason Leibowitz. Filed In Associated Cases: 1:19-cv-09236-KPF, 1:20-cv-00169-KPF, 1:20-cv-00211-KPF, 1:20-cv-00453-KPF.(Schneider, Peter)
FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT#252) NOTICE OF APPEARANCE by Peter Schneider on behalf of Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, David Leibowitz, Jason Leibowitz. Filed In Associated Cases: 1:19-cv-09236-KPF, 1:20-cv-00169-KPF, 1:20-cv-00211-KPF, 1:20-cv-00453-KPF.(Schneider, Peter) Modified on 10/25/2022 (lb).
Filed: None, Entered: None
Telephone Conference
Minute Entry for proceedings held before Judge Katherine Polk Failla: Telephone Conference held on 10/13/2022. Attorneys Devin Freedman, Constantine Philip Economides, Edward John Normand, Todd Michael Schneider, Matthew Sinclair Weiler, Andrew Riggs Dunlap and Mitchell D. Nobel representing Plaintiffs present. Attorneys David E. Kovel, Karen Lerner, and John D. Radice representing Consolidated Plaintiffs Eric Young, Adam Kurtz, David Crystal present. Attorneys Elliot Greenfield, Melanie Burke, Maeve L. O'Connor, Michael Jason Lee, Sunjina Kaur Ahuja and Christopher Beal representing iFinex Defendants present. Attorney Charles Dean Cording and Amanda Payne representing Defendant Philip G. Potter present. Attorneys Matthew G. Lindenbaum and Robert Lauri Lindholm, Jr., representing Defendant Poloniex, LLC, present. Attorneys Abby Faith Rudzin and Gregory Hollin representing Defendant Bittrex, Inc. present. The Court GRANTS Mr. Roche's motion to withdraw, and modifies its February 27, 2020 order to remove Roche Freedman as interim class counsel. Roche Freedman shall withdraw from the relevant protective order entered in this case and to return any confidential materials that are covered by that agreement. (Court Reporter Raquel Robles) (tn)
ORDER: On October 3, 2022, the Court held a hearing related to Roche Freedman LLP's continued participation in this case. The parties are hereby ORDERED to attend a telephonic hearing on October 13, 2022, at 2:00 p.m. At the designated time, the parties shall call (888) 363-4749, and use access code 5123533. Telephone Conference set for 10/13/2022 at 02:00 PM before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 10/11/2022) (rro)
LETTER addressed to Judge Katherine Polk Failla from Velvel (Devin) Freedman dated October 7, 2022 Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, Jason Leibowitz, Matthew Script..(Freedman, Devin)
Filed: None, Entered: None
Oral Argument
Minute Entry for proceedings held before Judge Katherine Polk Failla: Oral Argument held on 10/3/2022 re: [229] MOTION for Kyle W. Roche to Withdraw as Attorney filed by Aaron Leibowitz, Jason Leibowitz, Pinchas Goldshtein, Benjamin Leibowitz, David Leibowitz: Attorneys Devin Freedman, Edward John Normand, Todd Michael Schneider, and Caitlin Joan Halligan representing Plaintiffs present. Attorneys David E. Kovel, Karen Lerner, and John D. Radice representing Consolidated Plaintiffs Eric Young, Adam Kurtz, David Crystal present. Attorney Maeve L. O'Connor representing iFinex Defendants. Attorney Charles Dean Cording representing Defendant Philip G. Potter present. Attorney Matthew G. Lindenbaum representing Defendant Poloniex, LLC present. Attorney Abby Faith Rudzin representing Defendant Bittrex, Inc. The Court defers ruling, and will issue its decision in due course. (Court Reporter Andrew Walker) (tn)
RESPONSE to Motion re: [229] MOTION for Kyle W. Roche to Withdraw as Attorney . (In Further Reply). Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, Jason Leibowitz, Matthew Script. (Attachments: # (1) Exhibit 1 - Declaration of Bruce A. Green).(Halligan, Caitlin)
ORDER terminating [239] Letter Motion for Local Rule 37.2 Conference; terminating [240] Letter Motion for Local Rule 37.2 Conference. The Court is in receipt of Plaintiffs' pre-motion letter (Dkt. #239) regarding the disputed requests for production ("RFPs") 29 and 31 ("financial records RFPs") and 22-25 and 72 ("transactions RFPs"), and the B/T Defendants' above response regarding the same (Dkt. #245). The Court is also in receipt of Defendant Potter's letter taking no position on this discovery dispute, but nonetheless re-characterizing two of Plaintiffs' representations. (Dkt. #244). The documents Plaintiffs seek are undoubtedly important, as they relate to the backing of USDT (financial records RFPs) and cryptocommodities transactions (transactions RFPs). (See Dkt. #239, Ex. 1 at 4-5, 7). As to the financial records RFPs, the Court agrees with Plaintiffs that the B/T Defendants' representations regarding what will be produced is unclear. (Dkt. #239, Ex. 2 at 6 (noting "the B/T Defendants will produce documents sufficient to establish USDT reserves")). In the absence of agreement between the parties (id., Ex. 1 at 5 ("Plaintiffs remain open to considering an alternate proposal...but cannot do without some indications of what the B/T Defendants intend to produce[.]")), the Court finds that Plaintiffs' financial records RFPs are not overly broad, particularly given that Defendants have had opportunities to make sample productions of the financial records RFPs, but have failed to do so despite Plaintiffs' agreement to such proposal (id., Ex. 1 at 5). Plaintiffs plainly explain why they need this information: to assess the backing of USDT with US dollars, and to allow a forensic accountant to assess the USDT reserve. (Dkt. #239 at 2). And although the Court understands the B/T Defendants' position to be that Plaintiffs' theory is shifting with regard to "other assets" and other funds (Dkt. #245 at 2), at this stage in the litigation and without compromise by the parties, the Court takes as true Plaintiffs' representation that this information is necessary to assess its claims regarding USDT backing (Dkt. #239 at 1-2 (discussing relevance of the financial records RFPs)). The documents sought in the transactions RFPs appear to go to one of Plaintiffs' core allegations: that the B/T Defendants engaged in cyptocommodities transactions using unbacked USDT, and that those transactions "were strategically timed to inflate the market." (Dkt. #239 at 2 (citing Dkt. #114 at 3-5, 187-91, 264-79)). Plaintiffs raised the relevance of these documents to the B/T Defendants (Dkt. #239 Ex. 1 at 4), and the B/T Defendants' main objection was not the documents' relevance, but instead that the requests were overbroad (id., Ex. 2 at 5). Again, without compromise, the Court is not in a position to deny the relevance of the transactions RFPs. (See Dkt. #182 at 1-2 (discussing the alleged "wide-ranging conspiracy to artificially inflate the price of... cryptocommodities")). The B/T Defendants also contend that Plaintiffs have been dilatory in resolving the disputes regarding the transactions RFPs. (See generally Dkt. #245). Plaintiffs vigorously dispute these representations. (Dkt. #239 at 3). What is clear from the parties' disagreement regarding the transactions RFPs is that this fight has been simmering for a great deal of time. (See, e.g., id. (noting that Plaintiffs challenged the B/T Defendants' objections to RFPs 22-26 on March 22, 2022, and that the B/T Defendants acknowledged the need for discussion on April 4, 2022); id., Ex. 1 at 3 (same)). The B/T Defendants characterize Plaintiffs' representations regarding meet and confers as "false" (Dkt. #245 at 2), but again they were aware that Plaintiffs disagreed with their position. The Court agrees that these issues should have been resolved at an earlier date. But it will not fully fault Plaintiffs where both sides knew there was disagreement. Accordingly, the Court ORDERS the B/T Defendants to produce documents in line with the revised RFPs 22-25, 29, 31, and 72. The Clerk of Court is directed to terminate the pending motions at docket entries 239 and 240. SO ORDERED. (Signed by Judge Katherine Polk Failla on 9/20/2022) (jca)
ORDER granting [242] Letter Motion to Seal. Application GRANTED. The Clerk of Court is directed to terminate the pending motion at docket entry 242. (Signed by Judge Katherine Polk Failla on 9/19/2022) (rro)
LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine Polk Failla from Elliot Greenfield dated September 19, 2022 re: [239] LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Katherine Polk Failla from Edward Normand, Caitlin Halligan, and Todd M. Schneider dated September 14, 2022. / Response in Opposition to Letter Motion for Pre-Motion Conference. Document filed by BFXNA Inc., BFXWW Inc., Giancarlo Devasini, DigFinex Inc., Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, iFinex Inc., Ludovicus Jan van der Velde..(Greenfield, Elliot)
LETTER RESPONSE to Motion addressed to Judge Katherine Polk Failla from Charles D. Cording dated September 19, 2022 re: [239] LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Katherine Polk Failla from Edward Normand, Caitlin Halligan, and Todd M. Schneider dated September 14, 2022. (Redacted). Document filed by Philip G. Potter..(Cording, Charles)
***SELECTED PARTIES***LETTER RESPONSE to Motion addressed to Judge Katherine Polk Failla from Charles D. Cording dated September 19, 2022 re: [239] LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Katherine Polk Failla from Edward Normand, Caitlin Halligan, and Todd M. Schneider dated September 14, 2022. . Document filed by Philip G. Potter, BFXNA Inc., BFXWW Inc., Bittrex, Inc., Crypto Capital Corp., David Crystal, Giancarlo Devasini, DigFinex Inc., Joseph Ebanks, Joseph Ebanks, Bryan Faubus, Reginald Fowler, Global Trade Solutions AG, Pinchas Goldshtein, John Does 1-50, Adam Kurtz, Aaron Leibowitz, Benjamin Leibowitz, David Leibowitz, Jason Leibowitz, Poloniex, LLC, Matthew Script, Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, Eric Young, iFinex Inc., Ludovicus Jan van der Velde. Motion or Order to File Under Seal: [242].(Cording, Charles)
LETTER MOTION to Seal Reply Letter addressed to Judge Katherine Polk Failla from Charles D. Cording dated September 19, 2022. Document filed by Philip G. Potter..(Cording, Charles)
ORDER granting [238] Letter Motion to Seal. Application GRANTED. The Clerk of Court is directed to terminate the pending motion at docket entry 238. (Signed by Judge Katherine Polk Failla on 9/15/2022) (rro)
LETTER MOTION for Local Rule 37.2 Conference (Redacted) addressed to Judge Katherine Polk Failla from Edward Normand, Caitlin Halligan, and Todd M. Schneider dated September 14, 2022. Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, Jason Leibowitz, Matthew Script. (Attachments: # (1) Exhibit 1 - August 24, 2022 Plaintiffs' Letter to B/T Defendants, # (2) Exhibit 2 - August 29, 2022 B/T Defendants' Letter to Plaintiffs, # (3) Exhibit 3 - (FILED UNDER SEAL) Potter Chat Log).(Halligan, Caitlin)
***SELECTED PARTIES*** LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Katherine Polk Failla from Edward Normand, Caitlin Halligan, and Todd M. Schneider dated September 14, 2022. Document filed by Benjamin Leibowitz, Jason Leibowitz, Aaron Leibowitz, Matthew Script, Pinchas Goldshtein. (Attachments: # (1) Exhibit 1 - August 24, 2022 Plaintiffs' Letter to B/T Defendants, # (2) Exhibit 2 - August 29, 2022 B/T Defendants' Letter to Plaintiffs, # (3) Exhibit 3 - (FILED UNDER SEAL) Potter Chat Log)Motion or Order to File Under Seal: [238].(Halligan, Caitlin)
LETTER MOTION to Seal Plaintiffs' September 14, 2022 Letter Motion for a Pre-Motion Conference Request-Discovery Related addressed to Judge Katherine Polk Failla from Edward Normand, Caitlin Halligan, and Todd M. Schneider dated September 14, 2022. Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, Jason Leibowitz, Matthew Script..(Halligan, Caitlin)
ORDER: The Court is in receipt of the parties' various letters discussing Roche Freedman LLP's continued participation in this case. (Dkt. #230-236). Accordingly, the parties are hereby ORDERED to attend an in-person hearing on October 3, 2022, at 3:30 p.m. in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York 10007. The parties shall come prepared to discuss the substance of the recently-submitted letters regarding Roche Freedman LLP, and any other relevant matters. To the extent feasible, the Court will consider providing a hybrid option for participation for parties with conflicts on this date. Further, if a party wishes to be heard but cannot attend the October 3, 2022 hearing, it should submit a letter on the docket ahead of the hearing, not to exceed three pages in length. ( Status Conference set for 10/3/2022 at 03:30 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 9/8/2022) (rro)
REPLY to Response to Motion re: [229] MOTION for Kyle W. Roche to Withdraw as Attorney . . Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, Jason Leibowitz, Matthew Script..(Freedman, Devin)
RESPONSE to Motion re: [229] MOTION for Kyle W. Roche to Withdraw as Attorney . . Document filed by David Crystal, Adam Kurtz, Eric Young..(Kovel, David)
RESPONSE to Motion re: [229] MOTION for Kyle W. Roche to Withdraw as Attorney . . Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, Jason Leibowitz, Matthew Script..(Halligan, Caitlin)
REPLY to Response to Motion re: [229] MOTION for Kyle W. Roche to Withdraw as Attorney . [232] Reply to Response to Motion. Document filed by BFXNA Inc., BFXWW Inc., Giancarlo Devasini, DigFinex Inc., Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, iFinex Inc., Ludovicus Jan van der Velde..(Greenfield, Elliot)
REPLY to Response to Motion re: [229] MOTION for Kyle W. Roche to Withdraw as Attorney . . Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, Jason Leibowitz, Matthew Script. (Attachments: # (1) Affidavit of Kyle W. Roche, # (2) Affidavit of Aaron Leibowitz, # (3) Affidavit of Benjamin Leibowitz, # (4) Affidavit of Jason Leibowitz, # (5) Affidavit of Matthew Script, # (6) Affidavit of Pinchas Goldshtein).(Freedman, Devin)
RESPONSE to Motion re: [229] MOTION for Kyle W. Roche to Withdraw as Attorney . . Document filed by BFXNA Inc., BFXWW Inc., Giancarlo Devasini, DigFinex Inc., Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, iFinex Inc., Ludovicus Jan van der Velde..(Greenfield, Elliot)
MOTION for Kyle W. Roche to Withdraw as Attorney . Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, David Leibowitz, Jason Leibowitz..(Roche, Kyle)
Order on Motion for Extension of Time to Complete Discovery.
ORDER granting [227] Letter Motion for Extension of Time to Complete Discovery. Application GRANTED. The B/T Defendants shall substantially complete their document production by October 24, 2022. The Court appreciates the parties' commitment to resolving discovery disputes without the Court's intervention as this case moves forward. (Signed by Judge Katherine Polk Failla on 8/23/2022) (rro)
Motion for Extension of Time to Complete Discovery
CONSENT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Katherine Polk Failla from Elliot Greenfield dated August 22, 2022. Document filed by BFXNA Inc., BFXWW Inc., Giancarlo Devasini, DigFinex Inc., Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, iFinex Inc., Ludovicus Jan van der Velde..(Greenfield, Elliot)
Order on Motion for Extension of Time to Complete Discovery.
ORDER terminating [224] Letter Motion for Extension of Time to Complete Discovery. The Court is in receipt of the parties' letters regarding substantial production of documents, the latest discovery dispute brought to the Court's attention. (Dkt. #224, 225). Despite a generous discovery schedule and a deep bench of counsel representing Plaintiffs and the B/T Defendants, various disagreements and months-long delays in responding to and ultimately resolving each other's concerns have led to this request for a discovery extension. The Court is concerned that freely granting this document production extension will simply push this fight down the road, given the parties still have not resolved issues like which search terms will be used. (See Dkt. #225 at 2). Accordingly, the parties are hereby ORDERED to meet and confer to discuss and resolve their disagreements over search terms. The B/T Defendants shall also provide to Plaintiffs an explanation of any further challenges they face in meeting the August 22, 2022 document production deadline. The parties shall apprise the Court of their progress on these issues by joint letter on or before August 22, 2022. The Court will then consider whether an extension is justified. The Clerk of Court is directed to terminate the pending motion at docket entry 224. SO ORDERED. (Signed by Judge Katherine Polk Failla on 8/16/2022) (vfr)
Motion for Extension of Time to Complete Discovery
LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Katherine Polk Failla from Elliot Greenfield dated August 10, 2022. Document filed by BFXNA Inc., BFXWW Inc., Giancarlo Devasini, DigFinex Inc., Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, iFinex Inc., Ludovicus Jan van der Velde..(Greenfield, Elliot)
MEMO ENDORSEMENT: on re: [222] Response to Motion filed by Tether Operations Limited, Tether Holdings Limited, iFinex Inc., Tether Limited, DigFinex Inc., Giancarlo Devasini, Ludovicus Jan van der Velde, BFXNA Inc., Tether International Limited, BFXWW Inc. ENDORSEMENT: The Court is in receipt of the parties' letters regarding this discovery dispute (Dkt. #220, 222), and will address each issue raised by the parties in turn. As to whether the B/T Defendants must produce and review all of Hoegner's internal documents, the Court agrees with Defendants' position. Defendants' proposal strikes a reasonable balance between providing Plaintiffs with the documents relevant to their case and the burden of reviewing the privileged communications of a general counsel. Plaintiffs have failed to explain why the compromise position offered by the B/T Defendants would not result in the production of most, if not all, of the relevant documents in his possession. For example, Defendants have produced or will produce Hoegner's communications with 14 other custodians; these communications are presumably the most relevant to their case. If Plaintiffs later determine that they are missing a limited number of relevant documents or specific categories of relevant documents related to Hoegner upon Defendants' productions in line with this endorsement, they may notify the Court at that time. As to the relevant time period for document production, the Court agrees in part with Plaintiffs and in part with the B/T Defendants. Plaintiffs have identified specific reasons why documents from October 6, 2019, to June 5, 2020, may be relevant. In particular, Plaintiffs point to numerous sections of the CAC alleging facts going to the alleged conspiracy and market manipulation that post-date the filing of the original complaint in this matter. However, Plaintiffs do not explain why documents post-dating the filing of the CAC would be relevant. The Court intuitively presumes that Plaintiffs' case rests on allegations and facts pre-dating the filing of the CAC. Although not an issue before it today, the Court wishes to comment on the B/T Defendants' update on the status of discovery. The Court reminds counsel of the generous discovery schedule enshrined in the case management plan. In order to be granted, any requests for extensions would require detailed factual justifications. Accordingly, it is hereby ORDERED that the B/T Defendants shall produce Hoegner's communications with third parties, communications already included in the review of documents from the 14 custodians to which they agreed, and communications previously produced to government regulators. Defendants shall also produce documents responsive to all requests from a period of February 17, 2015, to June 5, 2020. The Clerk of Court is directed to terminate the pending motions at docket entries 219 and 220. SO ORDERED., Motions terminated: [220] LETTER MOTION for Local Rule 37.2 Conference (Redacted) addressed to Judge Katherine Polk Failla from Kyle W. Roche, Caitlin Halligan, and Todd M. Schneider dated July 28, 2022 filed by Matthew Script, Aaron Leibowitz, Jason Leibowitz, Pinchas Goldshtein, Benjamin Leibowitz, [219] LETTER MOTION for Local Rule 37.2 Conference. addressed to Judge Katherine Polk Failla from Kyle W. Roche, Caitlin Halligan, and Todd M. Schneider dated July 28, 2022. filed by Matthew Script, Aaron Leibowitz, Jason Leibowitz, Pinchas Goldshtein, Benjamin Leibowitz. (Signed by Judge Katherine Polk Failla on 8/04/2022) (ama) Modified on 8/4/2022 (ama).
LETTER RESPONSE to Motion addressed to Judge Katherine Polk Failla from Elliot Greenfield dated August 2, 2022 re: [219] LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Katherine Polk Failla from Kyle W. Roche, Caitlin Halligan, and Todd M. Schneider dated July 28, 2022. / Letter in Response to Plaintiffs' Motion for Local Rule 37.2 Conference. Document filed by BFXNA Inc., BFXWW Inc., Giancarlo Devasini, DigFinex Inc., Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, iFinex Inc., Ludovicus Jan van der Velde..(Greenfield, Elliot)
ORDER granting [218] Letter Motion to Seal. Application GRANTED. The Clerk of Court is directed to maintain docket entry 219 under seal, viewable only to the parties and the Court. The Clerk of Court is also directed to terminate the pending motion at docket entry 218. SO ORDERED.. (Signed by Judge Katherine Polk Failla on 7/29/2022) (kv)
***SELECTED PARTIES*** LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Katherine Polk Failla from Kyle W. Roche, Caitlin Halligan, and Todd M. Schneider dated July 28, 2022. Document filed by Benjamin Leibowitz, Jason Leibowitz, Aaron Leibowitz, Matthew Script, Pinchas Goldshtein. (Attachments: # (1) Exhibit 1 - B/T Defendants' First Set of Requests for Production, # (2) Exhibit 2 - March 22, 2022 - July 14, 2022 Email Correspondence Chain, # (3) Exhibit 3 - May 17, 2022 B/T Defendants' Letter, # (4) Exhibit 4 - June 3, 2022 Plaintiffs' Letter, # (5) Exhibit 5 - June 30, 2022 B/T Defendants' Letter, # (6) Exhibit 6 - July 7, 2022 Plaintiffs' Letter, # (7) Exhibit 7 - July 14, 2022 B/T Defendants' Letter, # (8) Exhibit 8 - (FILED UNDER SEAL) September 18, 2017 Email, # (9) Exhibit 9 - B/T Defendants' Subpoena to John M. Griffin, # (10) Exhibit 10 - B/T Defendants' Subpoena to Amin Shams)Motion or Order to File Under Seal: [218].(Halligan, Caitlin)
LETTER MOTION to Seal Plaintiffs' July 28, 2022 Letter Motion for a Pre-Motion Conference Request-Discovery Related addressed to Judge Katherine Polk Failla from Kyle W. Roche, Caitlin Halligan, and Todd M. Schneider dated July 28, 2022. Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, Jason Leibowitz, Matthew Script..(Halligan, Caitlin)
NOTICE OF CHANGE OF ADDRESS by Robert Lauri Lindholm, Jr on behalf of Poloniex, LLC. New Address: Nelson Mullins Riley and Scarborough LLP, 330 Madison Avenue, 27th Floor, New York, NY, USA 10017, 212-413-9000..(Lindholm, Robert)
MEMO ENDORSEMENT: on re: [211] Response to Motion, filed by Bittrex, Inc. ENDORSEMENT: The Court is in receipt of Plaintiffs' premotion letter, dated April 12, 2022, concerning the restrictive measures the Court imposed on materials concerning the Anonymous Trader. (Dkt. # 208). The Court has also received Defendant Bittrex's and the B/T Defendants' letters in opposition, both dated April 15, 2022. (Dkt. #211, 213). Additionally, the Court has reviewed the Anonymous Trader's letter, dated April 15, 2022, which was filed under seal as an attachment to Bittrex's letter. (Dkt. #212). Plaintiffs' motion for a conference regarding their proposal to apply the Protective Order's AEO designation to Anonymous Trader materials is DENIED. The Court agrees with both groups of Defendants that Plaintiffs have not presented a compelling for the Court to reconsider its Order of November 22, 2021 (Dkt. #195), setting forth the protocols for handling these sensitive materials. The Court remains of the view that the Anonymous Trader has articulated legitimate concerns regarding the disclosure of his identity confidentiality protections are warranted. Both groups of Defendants note that Plaintiffs have declined to engage their counterparts to discuss the handling of the Anonymous Traders' materials. This, despite the Court's encouragement that the parties collaborate to propose additional measures to handle future requests regarding these discovery materials (See Dkt. #195 at 2). Helpfully, the Anonymous Trader has offered a proposal to address Plaintiff's concerns, which the Court views as a reasonable course of action going forward. The Court hereby ORDERS that, henceforth, discovery materials containing the Anonymous Traders' personal identifying information will continue to be designated as strictly AEO, as specified in the Court's November 22, 2021 Order. Such discovery materials may be produced consistent with the Protective Order's AEO designation, provided that all of the Anonymous Trader's personal identifying information is redacted. Under this protocol, if Plaintiffs wish to share the Anonymous Traders' trading data or other materials with experts and non-attorney personnel, they may do so by redacting any information that stands to reveal the identity of the Anonymous Trader, consistent with the Protective Order's AEO designation. The Clerk of Court is directed to terminate the pending motion at docket entry 208., Motions terminated: [208] LETTER MOTION for Conference. addressed to Judge Katherine Polk Failla from Kyle W. Roche, Caitlin Halligan, and Todd M. Schneider dated April 12, 2022. filed by Matthew Script, Aaron Leibowitz, Jason Leibowitz, Pinchas Goldshtein, Benjamin Leibowitz.SO ORDERED. (Signed by Judge Katherine Polk Failla on 4/20/2022) (ama)
ORDER granting [210] Letter Motion to Seal. Application GRANTED. The above-specified letter may be filed under seal, viewable only to the parties and the Court. The Clerk of Court is directed to terminate the pending motion at docket entry 210. SO ORDERED. (Signed by Judge Katherine Polk Failla on 4/18/2022) (va)
LETTER addressed to Judge Katherine Polk Failla from Elliot Greenfield dated 4/15/22 re: Bitfinex/Tether Defendants' Letter in Opposition to Plaintiffs' Motion for Conference at ECF 208. Document filed by BFXNA Inc., BFXWW Inc., Giancarlo Devasini, DigFinex Inc., Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, iFinex Inc., Ludovicus Jan van der Velde..(Greenfield, Elliot)
***SELECTED PARTIES***DECLARATION of Exhibit A - Anonymous Trader Letter re: [211] Response to Motion, . Document filed by Bittrex, Inc., BFXNA Inc., BFXWW Inc., Crypto Capital Corp., David Crystal, Giancarlo Devasini, DigFinex Inc., Joseph Ebanks, Joseph Ebanks, Bryan Faubus, Reginald Fowler, Global Trade Solutions AG, Pinchas Goldshtein, John Does 1-50, Adam Kurtz, Aaron Leibowitz, Benjamin Leibowitz, David Leibowitz, Jason Leibowitz, Poloniex, LLC, Philip G. Potter, Matthew Script, Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, Eric Young, iFinex Inc., Ludovicus Jan van der Velde. Motion or Order to File Under Seal: [210].(Rudzin, Abby)
LETTER RESPONSE to Motion addressed to Judge Katherine Polk Failla from Abby F. Rudzin dated April 15, 2022 re: [208] LETTER MOTION for Conference addressed to Judge Katherine Polk Failla from Kyle W. Roche, Caitlin Halligan, and Todd M. Schneider dated April 12, 2022. . Document filed by Bittrex, Inc.. (Attachments: # (1) Exhibit A - FILED UNDER SEAL).(Rudzin, Abby)
LETTER MOTION to Seal Attachment to Letter Response addressed to Judge Katherine Polk Failla from Abby F. Rudzin dated April 15, 2022. Document filed by Bittrex, Inc...(Rudzin, Abby)
NOTICE OF APPEARANCE by Daniel Martin Stone on behalf of Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, David Leibowitz, Jason Leibowitz..(Stone, Daniel)
LETTER MOTION for Conference addressed to Judge Katherine Polk Failla from Kyle W. Roche, Caitlin Halligan, and Todd M. Schneider dated April 12, 2022. Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, Jason Leibowitz, Matthew Script. (Attachments: # (1) Exhibit A - January 27, 2022 Correspondence with B/T Defendants, Bittrex, and Poloniex, # (2) Exhibit B - January 27, 2022 Correspondence with Potter, # (3) Exhibit C - April 1, 2022 Correspondence with Bittrex, # (4) Exhibit D - September 11, 2020 Correspondence with Exchange Defendants).(Halligan, Caitlin)
NOTICE OF CHANGE OF ADDRESS by Anthony Epifanio Maneiro on behalf of David Crystal, Adam Kurtz, Eric Young. New Address: Kirby McInerney LLP, 211 West Wacker Dr., Suite 550, Chicago, Illinois, United States 60606, (312) 767-5180..(Maneiro, Anthony)
ORDER FOR ADMISSION PRO HAC VICE granting [205] Motion for Stephan Schlegelmilch to Appear Pro Hac Vice. (Signed by Judge Katherine Polk Failla on 2/22/2022) (rro)
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [205] MOTION for Stephan Schlegelmilch to Appear Pro Hac ViceFiling fee $ 200.00, receipt number ANYSDC-25756495. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
MOTION for Stephan Schlegelmilch to Appear Pro Hac ViceFiling fee $ 200.00, receipt number ANYSDC-25756495. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by BFXNA Inc., BFXWW Inc., Giancarlo Devasini, DigFinex Inc., Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, iFinex Inc., Ludovicus Jan van der Velde. (Attachments: # (1) Declaration of Stephan Schlegelmilch in Support, # (2) Ohio Certificate of Good Standing, # (3) DC Certificate of Good Standing, # (4) Text of Proposed Order).(Schlegelmilch, Stephan)
NOTICE OF APPEARANCE by Melanie Burke on behalf of BFXNA Inc., BFXWW Inc., Giancarlo Devasini, DigFinex Inc., Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, iFinex Inc., Ludovicus Jan van der Velde..(Burke, Melanie)
NOTICE OF APPEARANCE by Michael Schaper on behalf of BFXNA Inc., BFXWW Inc., Giancarlo Devasini, DigFinex Inc., Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, iFinex Inc., Ludovicus Jan van der Velde..(Schaper, Michael)
NOTICE OF APPEARANCE by Maeve L. O'Connor on behalf of BFXNA Inc., BFXWW Inc., Giancarlo Devasini, DigFinex Inc., Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, iFinex Inc., Ludovicus Jan van der Velde..(O'Connor, Maeve)
NOTICE OF APPEARANCE by Andrew J. Ceresney on behalf of BFXNA Inc., BFXWW Inc., Giancarlo Devasini, DigFinex Inc., Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, iFinex Inc., Ludovicus Jan van der Velde..(Ceresney, Andrew)
STIPULATION FOR THE SUBSTITUTION OF COUNSEL: PLEASE TAKE NOTICE, by and between the undersigned, that the law firm of Debevoise & Plimpton LLP shall be substituted as attorneys of record for Defendants Tether Holdings Limited, Tether Operations Limited, Tether Limited, Tether International Limited, DigFinex Inc., iFinex Inc., BFXNA Inc., BFXWW Inc., Ludovicus Jan van der Velde, and Giancarlo Devasini in the above-captioned matter, in place and stead of Walden Macht & Haran LLP, and that all papers and communications in this action shall be served upon the undersigned incoming counsel at the address set forth below. SO ORDERED. Attorney Elliot Greenfield for BFXNA Inc., Elliot Greenfield for BFXWW Inc., Elliot Greenfield for Giancarlo Devasini, Elliot Greenfield for DigFinex Inc., Elliot Greenfield for Tether Holdings Limited, Elliot Greenfield for Tether International Limited, Elliot Greenfield for Tether Limited, Elliot Greenfield for Tether Operations Limited, Elliot Greenfield for iFinex Inc., Elliot Greenfield for Ludovicus Jan van der Velde added. Attorney Jim Walden; Veronica Maria Wayner; Daniel Joseph Chirlin and Daniel Arthur Cohen terminated. (Signed by Judge Katherine Polk Failla on 2/15/2022) (mml)
PROPOSED ORDER FOR SUBSTITUTION OF ATTORNEY. Document filed by BFXNA Inc., BFXWW Inc., Giancarlo Devasini, DigFinex Inc., Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, iFinex Inc., Ludovicus Jan van der Velde..(Greenfield, Elliot)
STIPULATION AND ORDER GOVERNING THE EXCHANGE OF ELECTRONICALLY STORED INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material...This agreement does not bind the Court or any of its personnel. The Court can modify this stipulation at any time. The Court will retain jurisdiction over the terms and conditions of this agreement only for the pendency of this litigation. Any party wishing to make redacted or sealed submissions shall comply with Rule 9 of this Court's Individual Rules of Civil Procedure. (Signed by Judge Katherine Polk Failla on 12/20/2021) (rro)
PROPOSED PROTECTIVE ORDER. Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, Jason Leibowitz, Matthew Script..(Halligan, Caitlin)
NOTICE of CLERK'S CERTIFICATE OF DEFAULT. Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, David Leibowitz, Jason Leibowitz, Matthew Script. (Attachments: # (1) Declaration of Matthew S. Weiler In Support of Certificate of Default).(Weiler, Matthew)
ORDER denying [188] Letter Motion for Conference re: [188] LETTER MOTION for Conference (Letter Motion for a Pre-Motion Conference to discuss the Exchange Defendants' proposed motion for summary judgment and limited discovery pending resolution of that motion) addressed to Judge Katherine Polk. The Court is in receipt of the letter of Defendants Bittrex, Inc. and Poloniex, LLC (the "Exchange Defendants") seeking a pre-motion conference to discuss their proposed partial motion for summary judgment, and their requests for limited discovery pending resolution of that motion and a strict Attorneys' Eyes Only ("AEO") designation for materials concerning the anonymous arbitrage trader implicated by the same. (Dkt. #188). The Court has also received Plaintiffs' letter in opposition to these requests. (Dkt. #191). First, as discussed below, the Court does not believe that a conference is necessary to resolve the instant requests. Accordingly, the Exchange Defendants' request for a pre-motion conference is DENIED. Second, with respect to the Exchange Defendants' request for limited discovery pending resolution of their motion for summary judgment, the Court agrees with Plaintiffs that the contemplated motion does not portend to dispose entirely the claims against the Exchange Defendants and that limited discovery would thus unduly delay resolution of this case. Accordingly, the Court DENIES the Exchange Defendants' request for limited discovery. Third, regarding the confidentiality issues raised by the Exchange Defendants, the Court is cognizant of both the anonymous trader's privacy concerns, as well as the hindrance that a strict AEO designation of materials concerning this individual would pose to Plaintiffs. To mediate this tension, the Court hereby ORDERS that all materials related to the anonymous trader shall be treated as strictly AEO in the first instance. To be clear, this means that any materials related to the anonymous trader produced during discovery shall initially be restricted to Plaintiffs' counsel and may not be shared with client representatives or expert witnesses. If Plaintiffs' counsel wishes to share such materials with non-attorneys, Plaintiffs must first seek the Court's leave, including by specifying which individuals will receive this information. The parties are encouraged to propose additional protocols to resolve future requests for the sharing of such sensitive information with non-attorneys. Lastly, the Court will resolve the remaining issues with the parties' proposed case management plan. In light of the foregoing denial of the Exchange Defendants' request for limited discovery, the Court will not endorse the phased discovery proposal included in Defendants' proposed case management plan. (See Dkt. #193-2 at paragraph 6(e)). Moreover, the Court will permit Plaintiffs 19 months to submit their motion for class certification. (See generally Dkt. #193). As Plaintiffs' proposed case management plan best comports with the Court's rulings, the Court will endorse their plan under separate cover.The Clerk of Court is directed to terminate the pending motion at docketentry 188. (Signed by Judge Katherine Polk Failla on 11/22/2021) (rro)
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c). All fact discovery shall be completed no later than 18 months from the date of this Order. Class certification shall be governed by the following deadlines: i. Plaintiffs motion for class certification and supporting expert reports are due 19 months from the date of this Order. ii. Defendants' deadline to depose Plaintiffs' class certification experts is 21 months from the date of this Order. iii. Defendants' opposition to class certification and supporting expert reports are due 22 months from the date of this Order. iv. Plaintiffs' deadline to depose Defendants' class certification experts is 24 months from the date of this Order. v. Plaintiffs' reply in support of class certification is due 25 months from the date of this Order. All expert discovery, including reports, production of underlying documents, and depositions, shall be completed no later than 9 months after any order certifying a class. This case is to be tried to a jury. Counsel for the parties have conferred and the present best estimate of the length of trial is six weeks. Pretrial Conference set for 5/30/2023 at 10:00 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 11/22/2021) (rro)
JOINT LETTER addressed to Judge Katherine Polk Failla from all parties except Defendant Reginald Fowler dated November 18, 2021 re: [182] directive to submit a revised proposed case management plan and joint status letter. Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, Jason Leibowitz, Matthew Script. (Attachments: # (1) Exhibit A- Plaintiffs' Proposed Case Management Plan, # (2) Exhibit B- Defendants' Proposed Case Management Plan).(Halligan, Caitlin)
ORDER granting [189] Letter Motion to Seal. Application GRANTED. The above-specified documents specified above, which are located at docket entry 190, are hereby permitted to be filed under seal, viewable only to the parties and the Court. The Clerk of Court is directed to terminate the pending motion at docket entry 189. (Signed by Judge Katherine Polk Failla on 11/18/2021) (rro)
LETTER RESPONSE to Motion addressed to Judge Katherine Polk Failla from Caitlin Halligan, Kyle W. Roche and Todd M. Schneider dated November 17, 2021 re: [188] LETTER MOTION for Conference (Letter Motion for a Pre-Motion Conference to discuss the Exchange Defendants' proposed motion for summary judgment and limited discovery pending resolution of that motion) addressed to Judge Katherine Polk . Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, Jason Leibowitz, Matthew Script..(Halligan, Caitlin)
***SELECTED PARTIES***DECLARATION of (Exhibit A - October 27, 2020 Email from A. Rudzin, with Attachment) re: [188] LETTER MOTION for Conference (Letter Motion for a Pre-Motion Conference to discuss the Exchange Defendants' proposed motion for summary judgment and limited discovery pending resolution of that motion) addressed to Judge Katherine Polk . Document filed by Bittrex, Inc., Poloniex, LLC, BFXNA Inc., BFXWW Inc., Crypto Capital Corp., David Crystal, Giancarlo Devasini, DigFinex Inc., Joseph Ebanks, Joseph Ebanks, Bryan Faubus, Reginald Fowler, Global Trade Solutions AG, Pinchas Goldshtein, Adam Kurtz, Aaron Leibowitz, Benjamin Leibowitz, David Leibowitz, Jason Leibowitz, Philip G. Potter, Matthew Script, Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, Eric Young, iFinex Inc., Ludovicus Jan van der Velde. (Attachments: # (1) Exhibit B - Declarant Letter)Motion or Order to File Under Seal: [189].(Rudzin, Abby)
LETTER MOTION to Seal Attachments to Pre-Motion Letter addressed to Judge Katherine Polk Failla from Abby F. Rudzin dated November 12, 2021. Document filed by Bittrex, Inc., Poloniex, LLC..(Rudzin, Abby)
LETTER MOTION for Conference (Letter Motion for a Pre-Motion Conference to discuss the Exchange Defendants' proposed motion for summary judgment and limited discovery pending resolution of that motion) addressed to Judge Katherine Polk Failla from Abby F. Rudzin, Matthew G. Lindenbaum, and Greg J. Hollon dated November 12, 2021. Document filed by Bittrex, Inc., Poloniex, LLC. (Attachments: # (1) Exhibit A - October 27, 2020 Email from A. Rudzin, with Attachment (ATTACHMENT FILED UNDER SEAL), # (2) Exhibit B - Declarant Letter (FILED UNDER SEAL)).(Rudzin, Abby)
NOTICE of Change of Firm Name. Document filed by BFXNA Inc., BFXWW Inc., Giancarlo Devasini, DigFinex Inc., Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, iFinex Inc., Ludovicus Jan van der Velde..(Ahuja, Sunjina)
ANSWER to [114] Amended Complaint,,. Document filed by BFXNA Inc., BFXWW Inc., Giancarlo Devasini, DigFinex Inc., Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, iFinex Inc., Ludovicus Jan van der Velde..(Walden, Jim)
Filed: None, Entered: None
Mail Order by USPS
Mailed a copy of [182] Memorandum & Opinion, Set Deadlines to Reginald Fowler at 7100 W. Erie Street, Chandler, AZ 85226. (kh)
OPINION AND ORDER re: [144] MOTION to Dismiss Plaintiffs' Consolidated Class Action Complaint. filed by Philip G. Potter, [148] MOTION to Dismiss the Amended Consolidated Class Action Complaint. filed by Reginald Fowler, [142] MOTION to Dismiss The Amended Consolidated Class Action Complaint. filed by Tether Operations Limited, Tether Holdings Limited, iFinex Inc., Tether Limited, DigFinex Inc., Giancarlo Devasini, Ludovicus Jan van der Velde, BFXNA Inc., Tether International Limited, BFXWW Inc., [146] MOTION to Dismiss the Complaint with Prejudice on behalf of the Exchange Defendants. filed by Bittrex, Inc. For the reasons set forth above, Defendants' motions to dismiss are GRANTED IN PART and DENIED IN PART. Counts Three, Eight, Nine, Ten, and Twelve are dismissed. Count Six is dismissed in part. The Moving Defendants' motions to dismiss are denied as to Counts One, Two, Four, Five, Seven, and Eleven. Fowler's motion to dismiss for lack of personal jurisdiction is denied. Defendants are hereby directed to file Answers to the Amended Complaint by October 28, 2021. The Parties are directed to file a revised proposed case management plan and joint status letter by November 18, 2021. The Clerk of Court is directed to terminate the motions at docket entries 142, 144, 146, 148, and 167. The Clerk of Court is further directed to mail a copy of this Opinion to Mr. Fowler at his address of record. SO ORDERED. BFXNA Inc. answer due 10/28/2021; BFXWW Inc. answer due 10/28/2021; Bittrex, Inc. answer due 10/28/2021; Crypto Capital Corp. answer due 10/28/2021; Giancarlo Devasini answer due 10/28/2021; DigFinex Inc. answer due 10/28/2021; Reginald Fowler answer due 10/28/2021; Poloniex, LLC answer due 10/28/2021; Philip G. Potter answer due 10/28/2021; Tether Holdings Limited answer due 10/28/2021; Tether International Limited answer due 10/28/2021; Tether Limited answer due 10/28/2021; Tether Operations Limited answer due 10/28/2021; iFinex Inc. answer due 10/28/2021; Ludovicus Jan van der Velde answer due 10/28/2021. (Signed by Judge Katherine Polk Failla on 9/28/2021) (jca) Transmission to Docket Assistant Clerk for processing.
MEMO ENDORSEMENT granting [180] Motion to Withdraw as Attorney. ENDORSEMENT: Application GRANTED. The Clerk of Court is ordered to terminate the motion at docket entry 180. (Attorney Stephanie Tsay Levick terminated.) (Signed by Judge Katherine Polk Failla on 7/19/2021) (rro)
MEMO ENDORSEMENT on re: [178] Notice (Other) filed by Aaron Leibowitz, Jason Leibowitz, Pinchas Goldshtein, Benjamin Leibowitz, David Leibowitz. ENDORSEMENT: Application GRANTED. SO ORDERED. (Attorney Kyle G. Bates terminated.) (Signed by Judge Katherine Polk Failla on 6/24/2021) (rro)
NOTICE of Withdrawal of Counsel. Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, David Leibowitz, Jason Leibowitz..(Kim, Jason)
LETTER addressed to Judge Katherine Polk Failla from Jim Walden dated February 26, 2021 re: Plaintiffs Letter dated February 25, 2021. Document filed by BFXNA Inc., BFXWW Inc., Giancarlo Devasini, DigFinex Inc., Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, iFinex Inc., Ludovicus Jan van der Velde..(Walden, Jim)
LETTER addressed to Judge Katherine Polk Failla from Kyle W. Roche, Caitlin Halligan and Todd M. Schneider dated February 25, 2021 re: Notification of Settlement Agreement Between the New York State Attorney General and Parties Including Bitfinex and Tether. Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, Jason Leibowitz, Matthew Script. (Attachments: # (1) Exhibit Settlement Agreement).(Halligan, Caitlin)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/22/20 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:19-cv-09236-KPF, 1:20-cv-00169-KPF, 1:20-cv-00211-KPF, 1:20-cv-00453-KPF.(McGuirk, Kelly)
TRANSCRIPT of Proceedings re: CONFERENCE held on 12/22/2020 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Kelly Surina, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/17/2021. Redacted Transcript Deadline set for 3/1/2021. Release of Transcript Restriction set for 4/27/2021.Filed In Associated Cases: 1:19-cv-09236-KPF, 1:20-cv-00169-KPF, 1:20-cv-00211-KPF, 1:20-cv-00453-KPF.(McGuirk, Kelly)
NOTICE OF CHANGE OF ADDRESS by Jim Walden on behalf of BFXNA Inc., BFXWW Inc., Giancarlo Devasini, DigFinex Inc., Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, iFinex Inc., Ludovicus Jan van der Velde. New Address: Walden Macht & Haran LLP, 250 Vesey Street, 27th Floor, New York, New York, United States 10281, (212) 335-2030..(Walden, Jim)
ORDER: By Order dated December 28, 2020, the Court provisionally granted the motion to withdraw filed by counsel for Defendant Reginald Fowler, contingent on counsels' submission of Mr. Fowler's outstanding reply brief in further support of his motion to dismiss. (Dkt. #169). Mr. Fowler's reply brief in further support of his motion to dismiss was filed on January 19, 2021. Accordingly, this Order confirms that the condition required to fully grant the motion to withdraw has been met and the motion is fully granted. (Signed by Judge Katherine Polk Failla on 1/20/2021) (jwh)
REPLY MEMORANDUM OF LAW in Support re: [148] MOTION to Dismiss the Amended Consolidated Class Action Complaint. . Document filed by Reginald Fowler..(Hefter, Michael)
NOTICE OF CHANGE OF ADDRESS by Matthew G. Lindenbaum on behalf of Poloniex, LLC. New Address: Nelson Mullins Riley & Scarborough LLP, One Financial Center, Suite 3500, Boston, Massachusetts, United States 02111, 617-217-4700..(Lindenbaum, Matthew)
ORDER granting [159] Motion to Withdraw as Attorney. The Court is in receipt of the motion to withdraw filed by counsel for Defendant Reginald Fowler on December 11, 2020 (Dkt. #159), and counsel;s supplemental ex parte letter submitted to the Court on December 23, 2020. The Court has carefully reviewed the submissions and has heard from the parties regarding the pending motion to withdraw at a December 22, 2020 conference. Given: (i) counsel's work in this case to date with the contemporaneous knowledge they had when performing that work, and (ii) the timing of the motion to withdraw in the midst of the briefing schedule for Mr. Fowler's motion to dismiss, the Court provisionally grants the motion to withdraw, contingent on counsel's submission of Mr. Fowler's outstanding reply brief in further support of his motion to dismiss. Mr. Fowler's reply brief shall be due on or by January 19, 2021. Attorney Michael C. Hefter and Samuel Rackear terminated. (Signed by Judge Katherine Polk Failla on 12/28/2020) (nb)
Filed: None, Entered: None
***Set/Reset Deadlines
Set/Reset Deadlines: Replies due by 1/19/2021. (nb)
Filed: None, Entered: None
Motion Hearing
Minute Entry for proceedings held before Judge Katherine Polk Failla: Motion Hearing held on 12/22/2020 re: [159] MOTION for Michael C. Hefter and Samuel Rackear to Withdraw as Attorney filed by Reginald Fowler: Attorneys Caitlin Joan Halligan, Mitchell D. Nobel, and Kyle William Roche representing Plaintiffs present. Attorneys Michael Hefter and Samuel Rackear representing Defendant Reginald Fowler present. Attorneys Jim Walden and Stephanie Tsay Levick representing iFinex Defendants present. Attorney Charles Dean Cording representing Defendant Philip G. Potter present. Attorney Abby Faith Rudzin representing Defendant Bittrex, Inc., present. Mr. Hefter shall submit his ex parte letter to the Court by tomorrow, December 23, 2020. The Court defers ruling on the motion to withdraw pending review of the forthcoming ex parte submission. (Court Reporter Kelly Surina) (tn)
LETTER RESPONSE to Motion addressed to Judge Katherine Polk Failla from Caitlin Halligan, Kyle Roche and Todd Schneider dated December 21, 2020 re: [167] LETTER MOTION for Oral Argument addressed to Judge Katherine Polk Failla from Jim Walden dated December 17, 2020. . Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, Jason Leibowitz, Matthew Script..(Halligan, Caitlin)
Filed: None, Entered: None
Notice - Other
NOTICE WITH LISTEN-ONLY PUBLIC AUDIO ACCESS DIAL-IN re: [163] Order on Motion to Adjourn Conference: The conference scheduled for 12/22/2020 at 10:00 a.m. will be held via video conference with public remote access as follows: (888) 363-4749, access code 5123533. Instructions for video participants will be sent separately. ***No PDF is attached to this entry. (tn)
LETTER MOTION for Oral Argument addressed to Judge Katherine Polk Failla from Jim Walden dated December 17, 2020. Document filed by BFXNA Inc., BFXWW Inc., Giancarlo Devasini, DigFinex Inc., Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, iFinex Inc., Ludovicus Jan van der Velde..(Walden, Jim)
REPLY MEMORANDUM OF LAW in Support re: [146] MOTION to Dismiss the Complaint with Prejudice on behalf of the Exchange Defendants. . Document filed by Bittrex, Inc...(Rudzin, Abby)
REPLY MEMORANDUM OF LAW in Support re: [144] MOTION to Dismiss Plaintiffs' Consolidated Class Action Complaint. . Document filed by Philip G. Potter..(Cording, Charles)
REPLY MEMORANDUM OF LAW in Support re: [142] MOTION to Dismiss The Amended Consolidated Class Action Complaint. . Document filed by BFXNA Inc., BFXWW Inc., Giancarlo Devasini, DigFinex Inc., Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, iFinex Inc., Ludovicus Jan van der Velde..(Walden, Jim)
ORDER granting [162] Letter Motion to Adjourn Conference. Application GRANTED. The videoconference scheduled for December 17, 2020 is hereby ADJOURNED to December 22, 2020, at 10:00 a.m. Instructions for accessing the videoconference will be distributed in advance of the conference. SO ORDERED.( Telephone Conference set for 12/22/2020 at 10:00 AM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 12/16/20) (yv)
LETTER MOTION to Adjourn Conference set for December 17, 2020 in connection with our Motion to Withdraw as Counsel addressed to Judge Katherine Polk Failla from Michael C. Hefter dated December 15, 2020. Document filed by Reginald Fowler..(Hefter, Michael)
NOTICE OF APPEARANCE by Mitchell D. Nobel on behalf of Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, Jason Leibowitz, Matthew Script..(Nobel, Mitchell)
ORDER, The Court is in receipt of the motion to withdraw filed by counsel for Defendant Reginald Fowler on December 11, 2020. (Dkt. #159). The parties are hereby ORDERED to appear for a videoconference to address this matter on December 17, 2020, at 2:00 p.m. Information for accessing the conference will be distributed in advance of the conference. SO ORDERED. ( Telephone Conference set for 12/17/2020 at 02:00 PM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 12/14/20) (yv)
Order on Motion for Extension of Time to File Response / Reply
ORDER granting [157] LETTER MOTION for Extension of Time to File Response/Reply as to [148] MOTION to Dismiss the Amended Consolidated Class Action Complaint. addressed to Judge Katherine Polk Failla from Michael C. Hefter dated December 2, 2020. Document filed by Reginald Fowler. Application GRANTED. So ordered. (Replies due by 12/17/2020). (Signed by Judge Katherine Polk Failla on 12/2/2020) (rjm)
Motion for Extension of Time to File Response/Reply
LETTER MOTION for Extension of Time to File Response/Reply as to [148] MOTION to Dismiss the Amended Consolidated Class Action Complaint. addressed to Judge Katherine Polk Failla from Michael C. Hefter dated December 2, 2020. Document filed by Reginald Fowler..(Hefter, Michael)
Order on Motion for Extension of Time to File Response / Reply
ORDER granting [155] Letter Motion for Extension of Time to File Response/Reply. Application GRANTED. SO ORDERED. (Replies due by 12/17/2020.) (Signed by Judge Katherine Polk Failla on 11/19/2020) (rro)
Motion for Extension of Time to File Response/Reply
LETTER MOTION for Extension of Time to File Response/Reply in Further Support of Their Motions to Dismiss the Amended Consolidated Class Action Complaint addressed to Judge Katherine Polk Failla from Jim Walden dated November 18, 2020. Document filed by BFXNA Inc., BFXWW Inc., Giancarlo Devasini, DigFinex Inc., Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, iFinex Inc., Ludovicus Jan van der Velde..(Walden, Jim)
MEMORANDUM OF LAW in Opposition re: [144] MOTION to Dismiss Plaintiffs' Consolidated Class Action Complaint., [148] MOTION to Dismiss the Amended Consolidated Class Action Complaint., [142] MOTION to Dismiss The Amended Consolidated Class Action Complaint., [146] MOTION to Dismiss the Complaint with Prejudice on behalf of the Exchange Defendants. . Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, Jason Leibowitz, Matthew Script..(Halligan, Caitlin)
ORDER granting [152] Letter Motion for Leave to File Document. Application GRANTED. SO ORDERED. (Signed by Judge Katherine Polk Failla on 10/29/2020) (rro)
LETTER MOTION for Leave to File Consolidated Response to Motions to Dismiss addressed to Judge Katherine Polk Failla from Kyle W. Roche, Caitlin Halligan and Todd M. Schneider dated October 28, 2020. Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, Jason Leibowitz, Matthew Script..(Roche, Kyle)
STIPULATION AND ORDER FOR THE PRODUCTION AND EXCHANGE OF CONFIDENTIAL MATERIALS...regarding procedures to be followed that shall govern the handling of confidential material...This confidentiality agreement does not bind the Court or any of its personnel. The Court can modify this stipulation at any time. The Court will retain jurisdiction over the terms and conditions of this agreement only for the pendency of this litigation. Any party wishing to make redacted or sealed submissions shall comply with Rule 6(A) of this Court's Individual Rules of Civil Procedure. (Signed by Judge Katherine Polk Failla on 10/27/2020) (rro)
MEMORANDUM OF LAW in Support re: [148] MOTION to Dismiss the Amended Consolidated Class Action Complaint. . Document filed by Reginald Fowler..(Hefter, Michael)
MEMORANDUM OF LAW in Support re: [146] MOTION to Dismiss the Complaint with Prejudice on behalf of the Exchange Defendants. . Document filed by Bittrex, Inc...(Rudzin, Abby)
MEMORANDUM OF LAW in Support re: [144] MOTION to Dismiss Plaintiffs' Consolidated Class Action Complaint. . Document filed by Philip G. Potter..(Cording, Charles)
MEMORANDUM OF LAW in Support re: [142] MOTION to Dismiss The Amended Consolidated Class Action Complaint. . Document filed by BFXNA Inc., BFXWW Inc., Giancarlo Devasini, DigFinex Inc., Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, iFinex Inc., Ludovicus Jan van der Velde..(Walden, Jim)
MOTION to Dismiss The Amended Consolidated Class Action Complaint. Document filed by BFXNA Inc., BFXWW Inc., Giancarlo Devasini, DigFinex Inc., Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, iFinex Inc., Ludovicus Jan van der Velde..(Walden, Jim)
ORDER granting [140] Letter Motion for Leave to File Excess Pages. The Court is in receipt of a request from a subset of Defendants (the "Tether Defendants") for leave to file briefs with excess pages in support of their anticipated motion to dismiss. (Dkt. #140). The Tether Defendants shall file a brief not to exceed 40 pages in support of their motion to dismiss, Plaintiffs may file a brief not to exceed 40 pages in opposition, and the Tether Defendants may file a brief not to exceed 25 pages in reply. The Court expects the parties to comply with the style and formatting requirements established by the Local Rules and Individual Rules of this Court, and the parties are not to engage in practices like changing margin or font sizes to squeeze additional text into the brief. (Signed by Judge Katherine Polk Failla on 8/19/2020) (rro)
LETTER MOTION for Leave to File Excess Pages addressed to Judge Katherine Polk Failla from Jim Walden dated 08/18/2020. Document filed by BFXNA Inc., BFXWW Inc., Giancarlo Devasini, DigFinex Inc., Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, iFinex Inc., Ludovicus Jan van der Velde..(Walden, Jim)
ORDER: denying [135] Letter Motion for Conference. The Court is in receipt of Defendants' letter motions for a pre-motion conference (Dkt. #135-136), as well as Plaintiffs' letters in response (Dkt. #137-138). Defendants' application for a pre-motion conference is DENIED. The Court also denies Defendants Bittrex and Poloniex's request to file a motion for summary judgment because the Court does not believe summary judgment is appropriate at this early stage of litigation. The parties shall adhere to the briefing schedule for Defendants' anticipated motions to dismiss established by the July 7, 2020 Stipulation and Order (Dkt. #130): Defendants shall file their motions to dismiss and supporting papers on or before September 3, 2020; Plaintiffs shall their opposition papers on or before November 5, 2020; and Defendants shall file any reply papers on or before December 3, 2020. SO ORDERED. (Signed by Judge Katherine Polk Failla on 8/14/2020) (ama)
Filed: None, Entered: None
***Set/Reset Deadlines
Set/Reset Deadlines: Motions due by 9/3/2020. Responses due by 11/5/2020 Replies due by 12/3/2020. (ama)
LETTER addressed to Judge Katherine Polk Failla from Kyle W. Roche, Caitlin Halligan and Todd M. Schneider dated August 12, 2020 re: Response to Phillip G. Potter's Pre-Motion Letter, Dkt. 136. Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, Jason Leibowitz, Matthew Script..(Halligan, Caitlin)
LETTER addressed to Judge Katherine Polk Failla from Kyle W. Roche, Caitlin Halligan and Todd M. Schneider dated August 12, 2020 re: Response to Bittrex's and Poloniex's Letter Motion for Conference, Dkt. 135. Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, Jason Leibowitz, Matthew Script. (Attachments: # (1) Exhibit 1 - Correspondence between Bittrex, Poloniex, and Plaintiffs).(Halligan, Caitlin)
LETTER addressed to Judge Katherine Polk Failla from Charles D. Cording dated August 7, 2020 re: Pre-Motion Letter. Document filed by Philip G. Potter..(Cording, Charles)
LETTER MOTION for Conference (Pre-Motion Conference) addressed to Judge Katherine Polk Failla from Counsel for Defendants dated August 7, 2020. Document filed by Bittrex, Inc.. (Attachments: # (1) Exhibit A - [Proposed] Order on Confidentiality).(Rudzin, Abby)
ORDER FOR ADMISSION PRO HAC VICE granting [133] Motion for William K. Pao to Appear Pro Hac Vice. (Signed by Judge Katherine Polk Failla on 8/3/2020) (rro)
MOTION for William K. Pao to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20945778. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bittrex, Inc.. (Attachments: # (1) Declaration of William K. Pao, # (2) Certificate of Good Standing - California, # (3) Text of Proposed Order).(Pao, William)
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [133] MOTION for William K. Pao to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20945778. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
ORDER FOR ADMISSION PRO HAC VICE granting [131] Motion for Matthew G. Lindenbaum to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of the Court, including the Rules governing discipline of attorneys. The Clerk of Court is directed to terminate the motion at docket entry 131. So Ordered. (Signed by Judge Katherine Polk Failla on 7/16/2020) (js)
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [131] MOTION for Matthew G. Lindenbaum, Esq. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20684275. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
MOTION for Matthew G. Lindenbaum, Esq. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20684275. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Poloniex, LLC. (Attachments: # (1) Affidavit of Matthew Lindenbaum, # (2) Text of Proposed Order, # (3) Certificates of Good Standing).(Lindenbaum, Matthew)
ORDER. IT IS HEREBY STIPULATED AND AGREED, by and among the parties, and SO ORDERED by the Court, that: 1. The current deadline of July 6, 2020, for Defendants Poloniex Inc. and Bittrex Inc. to answer or otherwise respond to the Consolidated Amended Complaint is extended as set forth herein. 2. Any pre-motion letter for an initial response to the Consolidated Amended Complaint required by Rule 4.A of the Court's Individual Rules of Practice shall be filed on or before August 7, 2020, and any responsive correspondence from Plaintiffs shall be filed within three business days thereafter. 3. All motions or other responses to the Consolidated Amended Complaint shall be filed on or before September 3, 2020, or by such other date as ordered by the Court after consideration of Defendants' pre-motion letters. 4. Plaintiffs will file any opposition papers to any motion on or before November 5, 2020; and 5. Defendants will file any reply papers on or before December 3, 2020. SO ORDERED. Bittrex, Inc. answer due 9/3/2020; Poloniex, LLC answer due 9/3/2020. (Motions due by 9/3/2020., Responses due by 11/5/2020. Replies due by 12/3/2020.) (Signed by Judge Katherine Polk Failla on 7/7/2020) (rjm)
LETTER addressed to Judge Katherine Polk Failla from Abby F. Rudzin dated July 6, 2020 re: proposed schedule for defendants' responses to the amended complaint. Document filed by Bittrex, Inc.. (Attachments: # (1) Exhibit A - [Proposed] Order).(Rudzin, Abby)
ORDER FOR ADMISSION PRO HAC VICE granting [125] Motion for Gregory Jude Hollon to Appear Pro Hac Vice. The Clerk of Court is directed to terminate the motion at docket entry 125. (Signed by Judge Katherine Polk Failla on 6/25/2020) (rj)
MOTION for Gregory Jude Hollon to Appear Pro Hac ViceFiling fee receipt number ANYSDC-20383809. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bittrex, Inc.. (Attachments: # (1) Affidavit AFFIDAVIT OF GREGORY J. HOLLON IN SUPPORT OF MOTION FOR ADMISSION PRO HAC VICE, # (2) Text of Proposed Order PROPOSED ORDER FOR ADMISSION PRO HAC VICE, # (3) Certificate of Good Standing).(Hollon, Gregory)
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [125] MOTION for Gregory Jude Hollon to Appear Pro Hac ViceFiling fee receipt number ANYSDC-20383809. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (laq)
FILING ERROR - DEFICIENT PRO HAC VICE MOTION - MOTION for Gregory Jude Hollon to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20383809. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bittrex, Inc.. (Attachments: # (1) Affidavit AFFIDAVIT OF GREGORY J. HOLLON IN SUPPORT OF MOTION FOR ADMISSION PRO HAC VICE, # (2) Text of Proposed Order PROPOSED ORDER FOR ADMISSION PRO HAC VICE, # (3) Certificate of Good Standing).(Hollon, Gregory) Modified on 6/23/2020 (ad).
Filed: None, Entered: None
Notice Regarding Deficient Motion to Appear Pro Hac Vice
>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. [124] MOTION for Gregory Jude Hollon to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20383809. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): the affidavit is not notarized;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (ad)
AFFIDAVIT OF SERVICE. Poloniex, LLC served on 6/15/2020, answer due 7/6/2020. Service was accepted by Amy McLaren. Document filed by Benjamin Leibowitz; Jason Leibowitz; Aaron Leibowitz; Matthew Script; Pinchas Goldshtein..(Roche, Kyle)
AFFIDAVIT OF SERVICE. Bittrex, Inc. served on 6/15/2020, answer due 7/6/2020. Service was accepted by Amy McLaren. Document filed by Benjamin Leibowitz; Jason Leibowitz; Aaron Leibowitz; Matthew Script; Pinchas Goldshtein..(Roche, Kyle)
REQUEST FOR ISSUANCE OF SUMMONS as to Poloniex, LLC and Bittrex, Inc., re: [114] Amended Complaint,,. Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, Jason Leibowitz, Matthew Script..(Roche, Kyle)
AMENDED COMPLAINT amending [1] Complaint,,,,, against BFXNA Inc., BFXWW Inc., Bittrex, Inc., Crypto Capital Corp., Giancarlo Devasini, DigFinex Inc., Reginald Fowler, Poloniex, LLC, Philip G. Potter, Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, iFinex Inc., Ludovicus Jan van der Velde with JURY DEMAND.Document filed by Benjamin Leibowitz, Jason Leibowitz, Aaron Leibowitz, Matthew Script, Pinchas Goldshtein. Related document: [1] Complaint,,,,,. (Attachments: # (1) Exhibit 1, # (2) Granted Motion for Leave to File Amended Consolidated Class Action Complaint).(Roche, Kyle)
MEMO ENDORSEMENT granting [112] Motion for Leave to File Document. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge Katherine Polk Failla on 6/5/2020) (rro) Modified on 6/9/2020 (rro).
MOTION for Leave to File the Amended Consolidated Class Action Complaint . Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, Jason Leibowitz, Matthew Script..(Roche, Kyle)
Filed: None, Entered: None
Notice to Attorney Regarding Deficient Request for Issuance of Summons
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Kyle William Roche to RE-FILE Document No. [111] Request for Issuance of Summons. The filing is deficient for the following reason(s): summons request was not be processed due to deficient pleading;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo)
Filed: None, Entered: None
Notice to Attorney Regarding Deficient Pleading
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Kyle William Roche to RE-FILE re: Document No. [110] Amended Complaint,,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; Amended must be on the PDF; all of the parties whom the pleading is against were not selected (Poloniex, LLC was not selected); due to deficient filing on the due date, Court's leave must be granted. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (jgo)
REQUEST FOR ISSUANCE OF SUMMONS as to Poloniex, LLC and Bittrex, Inc., re: [110] Amended Complaint,,. Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, Jason Leibowitz, Matthrew Script..(Roche, Kyle)
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - AMENDED COMPLAINT amending [1] Complaint,,,,, against BFXNA Inc., BFXWW Inc., Crypto Capital Corp., Giancarlo Devasini, DigFinex Inc., Reginald Fowler, Philip G. Potter, Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, iFinex Inc., Ludovicus Jan van der Velde with JURY DEMAND.Document filed by Benjamin Leibowitz, David Leibowitz, Jason Leibowitz, Aaron Leibowitz, Pinchas Goldshtein. Related document: [1] Complaint,,,,,. (Attachments: # (1) Exhibit 1).(Roche, Kyle) Modified on 6/4/2020 (jgo).
Filed: None, Entered: None
Add Party for Pleading
ADD PARTY FOR PLEADING. Defendants/Respondents Poloniex, LLC, Bittrex, Inc. added. Party added pursuant to [110] Amended Complaint,,.Document filed by Benjamin Leibowitz, Jason Leibowitz, Aaron Leibowitz, Matthrew Script, Pinchas Goldshtein. Related document: [110] Amended Complaint,,..(Roche, Kyle)
CASE MANAGEMENT ORDER NO. 1:IT IS HEREBY ORDERED THAT: Leibowitz, et al. v. iFinex, Inc., et al., No. 19 Civ. 9236 is designated as the lead action for the consolidated actions. All pleadings and filings related to the consolidated actions shall be made in that docket and shall bear the caption "In re Tether and Bitfinex Crypto If a case arises out of the same subject matter as the Action, whether brought as a class action or however styled, and is filed in or transferred to this Court, the Court will direct the clerk to file a copy of this Order in the separate file for that case; consolidate that case with the Action for pretrial purposes by transferring that case to the docket for the Action; and close the docket for that case. Asset Litigation" (the "Action"). If the Action is certified as a class action, or as otherwise appropriate, the Court may award reasonable attorney's fees and costs pursuant to Federal Rule of Civil Procedure 23(h). Nothing in this Order limits, restricts, or infringes upon the Court's plenary authority regarding whether and to what extent to award fees and costs in the Action, and at which rates. This Order and its terms shall not constitute a waiver by any party of any claims in or defenses to the Action or any consolidated case and further set forth in this Order. (Signed by Judge Katherine Polk Failla on 5/14/2020) (rro)
LETTER addressed to Judge Katherine Polk Failla from Caitlin Halligan dated May 11, 2020 re: Proposed Case Management Order. Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, David Leibowitz, Jason Leibowitz. (Attachments: # (1) Exhibit 1).(Halligan, Caitlin)
ORDER: The Court is in receipt of Plaintiffs' proposed case management order and accompanying letter (Dkt. #103), as well as Defendants' letter raising certain objections to Plaintiff's proposed case management order (Dkt. #106). The Court understands from Defendants' letter that the parties disagree on two portions of the proposed order: (i) Defendants object to language in Paragraph Three, Subsection J of the proposed order, stating that interim lead counsel would have the sole authority, until further action of the Court, to conduct trial on behalf of Plaintiffs and putative class members; and (ii) Defendants object to Paragraphs Four through Eighteen of the proposed order, addressing the reasonable fees and expenses that might be reimbursed "[i]f the Action is certified as a class action, or as otherwise appropriate." The Court addresses each disagreement in turn. First, interim class counsel for Plaintiffs are directed to conform the language appearing in Paragraph Three, Subsection J of the proposed order to comport better with the authority conveyed to interim class counsel pursuant to Federal Rule of Civil Procedure 23(g)(3). Specifically, a further order of the Court certifying a class would be required for interim class counsel to represent putative class members at trial. Second, the Court declines to provide an advisory opinion as to what would constitute reasonable attorneys' fees or costs, should circumstances arise in which Plaintiffs became entitled to recover such fees and costs. Interim class counsel is, of course, welcome to create internal guidance concerning how it will bill its time and costs in this matter. But such guidance will not be adopted by the Court in a vacuum, much less at this very early stage in the proceedings. Paragraph Four of the proposed case management order adequately describes the possibility of an award of attorneys' fees and costs and is acceptable to the Court. Paragraphs Five through Eighteen are not acceptable. The parties are ORDERED to conform the proposed case management order with the directives provided in this Order and file a revised proposed case management order for further review. (Signed by Judge Katherine Polk Failla on 5/7/2020) (rro)
LETTER addressed to Judge Katherine Polk Failla from Jim Walden dated May 6, 2020 re: Response to Plaintiffs Letter to the Court (Dkt. No. 103) and Proposed Case Management Order (Dkt. No. 103-1). Document filed by BFXNA Inc., BFXWW Inc., DigFinex Inc., Tether Holdings Limited, Tether International Limited, Tether Operations Limited, iFinex Inc...(Walden, James)
ORDER granting [104] Letter Motion for Leave to File Document. Application GRANTED. SO ORDERED. (Signed by Judge Katherine Polk Failla on 4/30/2020) (rro)
LETTER MOTION for Leave to File Response to Plaintiffs proposed Case Management Order and corresponding letter to the Court (Dkt. No. 103) addressed to Judge Katherine Polk Failla from Jim Walden dated 04.30.2020. Document filed by BFXNA Inc., BFXWW Inc., DigFinex Inc., Tether Holdings Limited, Tether International Limited, Tether Operations Limited, iFinex Inc...(Walden, James)
REVISED SCHEDULING ORDER granting [101] Letter Motion for Extension of Time to File. NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and among the parties, and SO ORDERED by the Court, that: Plaintiffs shall file their Consolidated Amended Complaint by June 3, 2020. Defendants will file any Motion to Dismiss within 60 days after the filing of Plaintiffs' Consolidated Amended Complaint. Plaintiffs will file any opposition papers within 60 days after the filing of Defendants' Motion to Dismiss. Defendants will file any reply papers within 30 days after the filing of Plaintiffs' opposition papers. (Signed by Judge Katherine Polk Failla on 4/8/2020) (rro)
LETTER MOTION for Extension of Time to File Consolidated Amended Complaint addressed to Judge Katherine Polk Failla from Caitlin Halligan dated April 8, 2020. Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, David Leibowitz, Jason Leibowitz. (Attachments: # (1) Text of Proposed Order).(Halligan, Caitlin)
Filed: None, Entered: None
***Set/Reset Deadlines
Set/Reset Deadlines: Amended Pleadings due by 6/3/2020. (rro)
ORDER FOR ADMISSION PRO HAC VICE granting [6] Motion for Devin (Velvel) Freedman to Appear Pro Hac Vice. The Clerk of Court is directed to terminate the motion at docket entry 6.SO ORDERED. (Signed by Judge Katherine Polk Failla on 3/6/2020) (rro) Modified on 3/9/2020 (rro).
SCHEDULING ORDER: IT IS HERE BY STIPULATED AND AGREED among the parties that: The parties agree to the following schedule: a. Plaintiffs have requested up to 60 days to file their Consolidated Amended Complaint. Defendants do not object. As such, within 60 days after the issuance of this order, Plaintiffs will file their Consolidated Amended Complaint. b. Defendants will file any Motion to Dismiss within 60 days after the filing of Plaintiffs' Consolidated Amended Complaint. c. Plaintiffs will file any opposition papers within 60 days after the filing of Defendants; Motion to Dismiss. d. Defendants will file any reply papers within 30 days after the filing of Plaintiffs' opposition papers. (Signed by Judge Katherine Polk Failla on 3/5/2020) (rro)
JOINT LETTER addressed to Judge Katherine Polk Failla from Caitlin Halligan dated March 5, 2020 re: proposed schedule for the filing of a consolidated amended complaint and the briefing of any subsequent motion to dismiss. Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, David Leibowitz, Jason Leibowitz. (Attachments: # (1) Text of Proposed Order).(Halligan, Caitlin)
TRANSCRIPT of Proceedings re: CONFERENCE held on 2/27/2020 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/24/2020. Redacted Transcript Deadline set for 4/3/2020. Release of Transcript Restriction set for 6/1/2020..(McGuirk, Kelly)
TRANSCRIPT of Proceedings re: ORAL ARGUMENT held on 2/24/2020 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/24/2020. Redacted Transcript Deadline set for 4/3/2020. Release of Transcript Restriction set for 6/1/2020..(McGuirk, Kelly)
NOTICE OF APPEARANCE by Samuel Rackear on behalf of Reginald Fowler..(Rackear, Samuel)
Filed: None, Entered: None
Motion Hearing
Minute Entry for proceedings held before Judge Katherine Polk Failla: Telephone Hearing held on 2/27/2020 re: (58 in 1:19-cv-09236-KPF) MOTION to Appoint Counsel Motion to Appoint Roche Freedman LLP and Schneider Wallace Cottrell Konecky LLP as Interim Class Counsel filed by Aaron Leibowitz, Jason Leibowitz, Pinchas Goldshtein, Benjamin Leibowitz, David Leibowitz, (24 in 1:20-cv-00169-KPF) MOTION to Appoint Counsel Kirby McInerney LLP and the Radice Law Firm as Interim Lead Counsel filed by Eric Young, Adam Kurtz, David Crystal, (78 in 1:19-cv-09236-KPF) MOTION to Appoint Counsel filed by Aaron Leibowitz, Jason Leibowitz, Pinchas Goldshtein, Benjamin Leibowitz, David Leibowitz, (69 in 1:19-cv-09236-KPF) MOTION to Appoint Counsel Motion for Appointment of Interim Class Counsel filed by Joseph Ebanks: For the reasons set forth on the record, the Leibowitz Plaintiffs' motion to appoint Lead Counsel is GRANTED, and the Young and Faubus Plaintiffs' motions are denied. (Court Reporter Pamela Utter) Associated Cases: 1:19-cv-09236-KPF, 1:20-cv-00169-KPF, 1:20-cv-00211-KPF, 1:20-cv-00453-KPF(tn)
NOTICE OF APPEARANCE by Veronica Maria Wayner on behalf of BFXNA Inc., BFXWW Inc., Giancarlo Devasini, DigFinex Inc., Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, iFinex Inc., Ludovicus Jan van der Velde..(Wayner, Veronica)
NOTICE OF APPEARANCE by Daniel Joseph Chirlin on behalf of BFXNA Inc., BFXWW Inc., Giancarlo Devasini, DigFinex Inc., Tether Holdings Limited, Tether International Limited, Tether Limited, Tether Operations Limited, iFinex Inc., Ludovicus Jan van der Velde..(Chirlin, Daniel)
Filed: None, Entered: None
set/reset hearings
Set/Reset Hearings: Telephone Conference set for 2/27/2020 at 04:00 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. Associated Cases: 1:19-cv-09236-KPF, 1:20-cv-00169-KPF, 1:20-cv-00211-KPF, 1:20-cv-00453-KPF(tn)
Filed: None, Entered: None
Oral Argument
Minute Entry for proceedings held before Judge Katherine Polk Failla: Oral Argument held on 2/24/2020 re: (58 in 1:19-cv-09236-KPF) MOTION to Appoint Counsel Motion to Appoint Roche Freedman LLP and Schneider Wallace Cottrell Konecky LLP as Interim Class Counsel filed by Aaron Leibowitz, Jason Leibowitz, Pinchas Goldshtein, Benjamin Leibowitz, David Leibowitz, (24 in 1:20-cv-00169-KPF) MOTION to Appoint Counsel Kirby McInerney LLP and the Radice Law Firm as Interim Lead Counsel filed by Eric Young, Adam Kurtz, David Crystal, (69 in 1:19-cv-09236-KPF) MOTION to Appoint Counsel Motion for Appointment of Interim Class Counsel filed by Joseph Ebanks: Attorneys Kyle William Roche, Todd Michael Schneider, Matthew Sinclair Weiler, Caitlin Joan Halligan and Joseph Michael Delich representing the Leibowitz Plaintiffs present. Attorneys Karen M. Lerner, John D. Ridce, David E. Kovel and Anthony Epifanio Maneiro representing the Young Plaintiffs present. Attorney Gregory Bradley Link representing Plaintiff Faubus present. Attorneys Brian E. Cochran and Samuel Howard Rudman representing Plaintiff Ebanks present. Attorneys Jim Walden, Veronica Wayner and Daniel Chirlin representing iFinex Defendants present. The Court defers ruling on motions at this time. The next conference, to be held telephonically, is scheduled for 2/27/2020 at 4:00 p.m. At the appointed time, the parties are directed to call the conference system at (888) 363-4749, and enter access code 6624801. Please note that the conference line will not be available until the scheduled time (4:00 p.m.). (Court Reporter Khris Sellin) Associated Cases: 1:19-cv-09236-KPF, 1:20-cv-00169-KPF, 1:20-cv-00211-KPF, 1:20-cv-00453-KPF(tn)
NOTICE of Change of Firm Name. Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, David Leibowitz, Jason Leibowitz..(Kim, Jason)
ORDER FOR ADMISSION PRO HAC VICE granting [90] Motion for Matthew S. Weiler to Appear Pro Hac Vice. The Clerk of Court is directed to terminate the motion at docket entry 90. (Signed by Judge Katherine Polk Failla on 2/19/2020) (mro)
MOTION for Matthew S. Weiler to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, David Leibowitz, Jason Leibowitz. (Attachments: # (1) Affidavit of Matthew S. Weiler, # (2) Exhibit 1 to Weiler Affidavit, # (3) Text of Proposed Order).(Weiler, Matthew)
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [90] MOTION for Matthew S. Weiler to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Pro Hac Filing Fee $200 Receipt No. ANYSDC-18834285 The document has been reviewed and there are no deficiencies. (vba)
ORDER: The parties are hereby ORDERED to appear for oral argument concerning the pending motions to appoint interim lead class counsel on February 24, 2020, at 1:00 p.m. in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. SO ORDERED. (Oral Argument set for 2/24/2020 at 01:00 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 2/11/2020) Filed In Associated Cases: 1:19-cv-09236-KPF, 1:20-cv-00169-KPF, 1:20-cv-00211-KPF, 1:20-cv-00453-KPF (jca)
RESPONSE to Motion re: [58] MOTION to Appoint Counsel Motion to Appoint Roche Freedman LLP and Schneider Wallace Cottrell Konecky LLP as Interim Class Counsel. . Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, David Leibowitz, Jason Leibowitz. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2).(Roche, Kyle)
ORDER FOR ADMISSION PRO HAC VICE granting (82) Motion for Brian E. Cochran to Appear Pro Hac Vice in case 1:19-cv-09236-KPF. The Clerk of Court is directed to terminate the motion at docket entry 82 of Leibowitz v. iFinex, Inc., 19 Civ. 9236 (KPF). (Signed by Judge Katherine Polk Failla on 2/11/2020) Filed In Associated Cases: 1:19-cv-09236-KPF, 1:20-cv-00453-KPF (rro)
Filed: None, Entered: None
Notice to Attorney to Re-File Document - Event Type Error
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Kyle William Roche to RE-FILE Document [78] MOTION to Appoint Counsel . Use the event type Response to Motion found under the event list Replies, Opposition and Supporting Documents. (ldi)
MEMORANDUM OF LAW in Opposition re: [69] MOTION to Appoint Counsel Motion for Appointment of Interim Class Counsel. . Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, David Leibowitz, Jason Leibowitz..(Roche, Kyle)
RESPONSE to Motion re: (78 in 1:19-cv-09236-KPF) MOTION to Appoint Counsel ., (69 in 1:19-cv-09236-KPF) MOTION to Appoint Counsel Motion for Appointment of Interim Class Counsel., (24 in 1:20-cv-00169-KPF) MOTION to Appoint Counsel Kirby McInerney LLP and the Radice Law Firm as Interim Lead Counsel. . Document filed by David Crystal, Adam Kurtz, Eric Young. Filed In Associated Cases: 1:19-cv-09236-KPF, 1:20-cv-00169-KPF, 1:20-cv-00211-KPF, 1:20-cv-00453-KPF.(Kovel, David)
RESPONSE to Motion re: [78] MOTION to Appoint Counsel . [24] MOTION to Appoint Counsel in 1:20-cv-00169. Document filed by Joseph Ebanks..(Cochran, Brian)
AMENDED MOTION for Brian E. Cochran to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Joseph Ebanks. (Attachments: # (1) Declaration of Brian E. Cochran, # (2) Exhibit A - Certificates of Good Standing, # (3) Proposed Order).(Cochran, Brian)
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [82] AMENDED MOTION for Brian E. Cochran to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea)
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Brian E. Cochran to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18701890. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Joseph Ebanks, Joseph Ebanks. (Attachments: # (1) Declaration of Brian E. Cochran, # (2) Exhibit A - Certificates of Good Standing, # (3) Proposed Order).(Cochran, Brian) Modified on 2/5/2020 (aea).
Filed: None, Entered: None
Notice Regarding Deficient Motion to Appear Pro Hac Vice
>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. [81] MOTION for Brian E. Cochran to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18701890. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): missing Certificate of Good Standing from SUPREME COURT OF CALIFORNIA; Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (aea)
ORDER: On January 17, 2020, the Court ordered that all counsel seeking to be heard regarding the appointment of lead interim counsel to file their papers on or before January 27, 2020. The Court recognizes that certain counsel had filed motions to be appointed lead interim counsel prior to January 27, 2020, giving other counsel the opportunity to file opposition papers to those pending motions on January 27, 2020. In the interest of allowing interested counsel an equal opportunity to oppose motions to be appointed lead interim counsel, the Court will permit counsel to file papers opposing lead interim counsel motions that were filed on January 27, 2020. Such opposition papers shall be filed on or before February 7, 2020. ( Responses due by 2/7/2020) (Signed by Judge Katherine Polk Failla on 1/28/2020) Filed In Associated Cases: 1:19-cv-09236-KPF, 1:20-cv-00169-KPF, 1:20-cv-00211-KPF, 1:20-cv-00453-KPF(mro)
MEMORANDUM OF LAW in Support re: (24 in 1:20-cv-00169-KPF) MOTION to Appoint Counsel Kirby McInerney LLP and the Radice Law Firm as Interim Lead Counsel. Plaintiff Bryan Faubus's Memorandum in Support of Motion to Appoint Counsel Kirby McInerney LLP and the Radice Law Firm as Interim Lead Counsel. Document filed by Bryan Faubus. Filed In Associated Cases: 1:19-cv-09236-KPF, 1:20-cv-00169-KPF, 1:20-cv-00211-KPF, 1:20-cv-00453-KPF(Linkh, Gregory)
Filed: None, Entered: None
Notice to Court Regarding Proposed Order
***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. [72] Proposed Order was reviewed and approved as to form. (dt)
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Appoint Counsel . Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, David Leibowitz, Jason Leibowitz. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Roche, Kyle) Modified on 2/11/2020 (ldi).
NOTICE OF APPEARANCE by Philippe Zuard Selendy on behalf of Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, David Leibowitz, Jason Leibowitz. (Selendy, Philippe)
NOTICE OF APPEARANCE by Caitlin Joan Halligan on behalf of Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, David Leibowitz, Jason Leibowitz. (Halligan, Caitlin)
RESPONSE to Motion re: (58 in 1:19-cv-09236-KPF) MOTION to Appoint Counsel Motion to Appoint Roche Freedman LLP and Schneider Wallace Cottrell Konecky LLP as Interim Class Counsel., (24 in 1:20-cv-00169-KPF) MOTION to Appoint Counsel Kirby McInerney LLP and the Radice Law Firm as Interim Lead Counsel., (69 in 1:19-cv-09236-KPF) MOTION to Appoint Counsel Motion for Appointment of Interim Class Counsel. . Document filed by David Crystal, Adam Kurtz, Eric Young. Filed In Associated Cases: 1:19-cv-09236-KPF, 1:20-cv-00169-KPF, 1:20-cv-00211-KPF, 1:20-cv-00453-KPF(Lerner, Karen)
NOTICE OF APPEARANCE by Maria Ginzburg on behalf of Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, David Leibowitz, Jason Leibowitz. (Ginzburg, Maria)
NOTICE OF APPEARANCE by Andrew Riggs Dunlap on behalf of Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, David Leibowitz, Jason Leibowitz. (Dunlap, Andrew)
PROPOSED ORDER. Document filed by Joseph Ebanks. Related Document Number: [69]. (Rudman, Samuel) Proposed Order to be reviewed by Clerk's Office staff.
MEMORANDUM OF LAW in Support re: [69] MOTION to Appoint Counsel Motion for Appointment of Interim Class Counsel. . Document filed by Joseph Ebanks. (Rudman, Samuel)
DECLARATION of Samuel H. Rudman in Support re: [69] MOTION to Appoint Counsel Motion for Appointment of Interim Class Counsel.. Document filed by Joseph Ebanks. (Attachments: # (1) Exhibit A - Firm Resume)(Rudman, Samuel)
ORDER granting (61) Letter Motion to Consolidate Cases in case 1:19-cv-09236-KPF; granting (27) Letter Motion to Consolidate Cases in case 1:20-cv-00169-KPF. The Court is in receipt of the parties' January 16, 2020 joint motion in Leibowitz v. iFinex, Inc., No. 19 Civ. 9236, Young v. iFinex, Inc., No. 20 Civ. 169, Faubus v. iFinex, Inc., No. 20 Civ. 211, seeking to consolidate the matters. The Court is also in receipt of a letter dated January 24, 2020, filed in Ebanks v. iFinex, Inc., No. 20 Civ. 453, requesting that the Court consolidate that matter with Leibowitz, Young, and Faubus as well. The parties' motions are GRANTED. The following actions are hereby consolidated: a. Leibowitz v. iFinex, Inc., No. 19 Civ. 9236; b. Young v. iFinex, Inc., No. 20 Civ. 169; c. Faubus v. iFinex, Inc., No. 20 Civ. 211; d. Ebanks v. iFinex, Inc., No. 20 Civ. 453. (Signed by Judge Katherine Polk Failla on 1/24/2020) Filed In Associated Cases: 1:19-cv-09236-KPF, 1:20-cv-00169-KPF, 1:20-cv-00211-KPF, 1:20-cv-00453-KPF (mro)
Filed: None, Entered: None
Notice - Other
NOTICE CANCELING INITIAL PRETRIAL CONFERENCE: The initial pretrial conference currently scheduled for February 7, 2020 is adjourned sine die. ***No PDF is attached to this entry. (tn)
SCHEDULING ORDER: The Court is in receipt of the parties' joint motion in the above-captioned cases, seeking to consolidate the matters, set a briefing schedule for motions to appoint interim lead counsel, and adjourn the current deadline for Defendants in Leibowitz v. iFinex, Inc., No. 19 Civ. 9236 to file a motion to dismiss. The Court will address the parties' motion to consolidate after it receives Plaintiffs letter in Ebanks v. iFinex, Inc., 20 Civ. 453, letter regarding the same. All counsel seeking to be heard regarding the pending motions to appoint lead interim counsel shall file their papers on or before January 27, 2020. No later than seven days after the appointment of interim lead counsel, counsel for Defendants and interim lead counsel for Plaintiffs shall submit a proposed scheduling order setting forth deadlines for the filing of a consolidated amended complaint and any anticipated motion to dismiss. The briefing schedule concerning an anticipated motion to dismiss in Leibowitz v. iFinex, Inc., No. 19 Civ. 9236 is hereby ADJOURNED sine die. SO ORDERED. (Signed by Judge Katherine Polk Failla on 1/17/2020) (jca)
LETTER addressed to Judge Katherine Polk Failla from Samuel H. Rudman dated January 17, 2020 re: Consolidation and Motions for Interim Class Counsel. Document filed by Joseph Ebanks.(Rudman, Samuel)
NOTICE OF APPEARANCE by Amos Emory Friedland on behalf of Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, David Leibowitz, Jason Leibowitz. (Friedland, Amos)
NOTICE OF APPEARANCE by Edward John Normand on behalf of Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, David Leibowitz, Jason Leibowitz. (Normand, Edward)
NOTICE OF APPEARANCE by Jason Colin Cyrulnik on behalf of Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, David Leibowitz, Jason Leibowitz. (Cyrulnik, Jason)
LETTER MOTION to Consolidate Cases 20-cv-00169; 20-cv-00211 addressed to Judge Katherine Polk Failla from Kyle W. Roche dated January 16, 2020. Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, David Leibowitz, Jason Leibowitz. (Attachments: # (1) Text of Proposed Order)(Roche, Kyle)
NOTICE OF APPEARANCE by Constantine Philip Economides on behalf of Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, David Leibowitz, Jason Leibowitz. (Economides, Constantine)
ORDER: The Court recently received Young v. iFinex, Inc., No. 20 Civ. 169, as a case related to a previously assigned case, Leibowitz v. iFinex, Inc., No. 19 Civ. 9236. The parties in both cases are hereby ORDERED to provide the Court with a letter brief, not to exceed five pages in length, stating their positions regarding whether the two cases should be consolidated. These letter briefs shall be filed on or before January 24, 2020. SO ORDERED. (Signed by Judge Katherine Polk Failla on 1/13/2020) (rro)
MOTION to Appoint Counsel Motion to Appoint Roche Freedman LLP and Schneider Wallace Cottrell Konecky LLP as Interim Class Counsel. Document filed by Pinchas Goldshtein, Aaron Leibowitz, Benjamin Leibowitz, David Leibowitz, Jason Leibowitz. (Attachments: # (1) Declaration of Kyle W. Roche, # (2) Exhibit 1 to Roche Declaration, # (3) Declaration of Jason H Kim, # (4) Exhibit 1 to Kim Declaration)(Roche, Kyle)
MEMO ENDORSEMENT on re: [56] Letter re: intent to file a motion to dismiss Plaintiffs' Complaint filed by Reginald Fowler. ENDORSEMENT: Application GRANTED. (Signed by Judge Katherine Polk Failla on 12/20/2019) (rj)
LETTER addressed to Judge Katherine Polk Failla from Michael C. Hefter dated December 20, 2019 re: intent to file a motion to dismiss Plaintiffs' Complaint. Document filed by Reginald Fowler.(Hefter, Michael)
MEMO ENDORSEMENT on re: [54] Letter filed by Tether Limited, Giancarlo Devasini, Ludovicus Jan van der Velde. ENDORSEMENT: Application GRANTED. Defendants Ludovicus Jan van der Velde, Giancarlo Devasini, and Tether Limited shall file their motions to dismiss pursuant to the same schedule established in the Court's Order of December 3, 2019. (Dkt. #43). (Signed by Judge Katherine Polk Failla on 12/17/2019) (cf)
LETTER addressed to Judge Katherine Polk Failla from Jim Walden dated 12/17/2019 re: Pre-Motion Letter for Permission to File Motion to Dismiss. Document filed by Giancarlo Devasini, Tether Limited, Ludovicus Jan van der Velde.(Walden, James)
MEMO ENDORSEMENT: on re: [46] Letter filed by Reginald Fowler. ENDORSEMENT: Application GRANTED. In light of Plaintiffs' and Defendant Fowler's agreement, the certificate of default entered against Defendant Fowler is hereby VACATED. (Dkt. # 44). Defendant Fowler is ORDERED to instruct the Court on or before December 20, 2019, whether he intends to file a motion to dismiss or answer Plaintiffs' complaint. If Defendant Fowler intends to move to dismiss the complaint, the Court will permit Defendant Fowler to proceed under the same briefing schedule already set for certain other defendants. SO ORDERED. (Signed by Judge Katherine Polk Failla on 12/06/2019) (ama)
LETTER addressed to Judge Katherine Polk Failla from Michael C. Hefter dated December 6, 2019 re: the Certificate of Default and placing Defendant Reginald Fowler on the same briefing schedule as the Corporate Defendants set forth in the Courts Scheduling Order [43]. Document filed by Reginald Fowler.(Hefter, Michael)
Filed: None, Entered: None
Clerk Certificate of Mailing Received
CLERK CERTIFICATE OF MAILING RECEIVED for one copy of the Summons(ECF No. 7) and Complaint (ECF No. 1) with Exhibits 1-51 (ECf Nos. 1-1 through 1-51) mailed to Ludovicus Jan van der Velde at 27 Lo Wai Tsuen Pui O Lantau, Island, Hong Kong on 11/26/2019 by UPS tracking # 1Z 6Y2 F45 DG 9634 4523, as per [38] Clerk Certificate of Mailing, RECEIVED ON: 12/3/2019. (smc)
Filed: None, Entered: None
Clerk Certificate of Mailing Received
CLERK CERTIFICATE OF MAILING RECEIVED for one copy of the Summons(ECF No. 7) and Complaint (ECF No. 1) with Exhibits 1-51 (ECf Nos. 1-1 through 1-51) mailed to Tether Limited c/o Proxy Secretarial Services Limited, ROOM 803 K. Wah Centre 191 Java Road, North Point, Hong Kong on 11/26/2019 by UPS tracking # 1Z 6Y2 F45 67 6301 2293, as per [39] Clerk Certificate of Mailing, RECEIVED ON: 12/2/2019. (smc)
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