Lee et al v. Binance et al
Federal Civil Lawsuit New York Southern District Court, Case No. 1:20-cv-02803-ALC
Magistrate Judge Andrew L. Carter, Jr, presiding

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Last Updated October 22, 2021 at 1:35 PM EDT (1.4 months ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

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No Logo Chase Williams, Plaintiff

Toggle Switch Represented by RICHARDSON CALLAHAN & FREDERICK

Name Phone Fax E-Mail
Space Devin Freedman +1 305 357 3861 vel@rcfllp.com
Space Edward John Normand +1 646 970 7513 tnormand@rcfllp.com
Space Alex Potter +1 646 970 7543 apotter@rcfllp.com
Space Kyle William Roche +1 646 970 7509 kyle@rcfllp.com

Toggle Switch Represented by Selendy & Gay PLLC

Name Phone Fax E-Mail
Space Jordan Ari Goldstein +1 917 478 2374 +1 212 849 7100 jgoldstein@selendygay.com
Space Mitchell D. Nobel +1 212 390 9000 mnobel@selendygay.com
Space Philippe Zuard Selendy +1 212 849 7260 +1 212 849 7100 pselendy@selendygay.com
Space Oscar Shine +1 212 390 9000 oshine@selendygay.com
No Logo Eric Lee, Plaintiff

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
Space Mitchell D. Nobel +1 212 390 9000 mnobel@selendygay.com
Space Alex Potter +1 646 970 7543 apotter@rcfllp.com
Space Oscar Shine +1 212 390 9000 oshine@selendygay.com

Toggle Switch Represented by RICHARDSON CALLAHAN & FREDERICK

Name Phone Fax E-Mail
Space Devin Freedman +1 305 357 3861 vel@rcfllp.com
Space Edward John Normand +1 646 970 7513 tnormand@rcfllp.com
Space Kyle William Roche +1 646 970 7509 kyle@rcfllp.com

Toggle Switch Represented by Selendy & Gay PLLC

Name Phone Fax E-Mail
Space Jordan Ari Goldstein +1 917 478 2374 +1 212 849 7100 jgoldstein@selendygay.com
Space Philippe Zuard Selendy +1 212 849 7260 +1 212 849 7100 pselendy@selendygay.com
v.
Binance Holdings Limited Binance Holdings Limited, Defendant
Officially listed as "Binance"

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
Space James P. Rouhandeh +1 212 450 4000 +1 212 450 3835 james.rouhandeh@dpw.com
Space Maurice Nicholas Sage +1 212 450 3140 +1 212 701 6140 m.nick.sage@davispolk.com

Toggle Switch Represented by Davis Polk & Wardwell, LLP

Name Phone Fax E-Mail
Space Daniel Jacob Schwartz +1 212 450 4581 +1 212 450 3581 daniel.schwartz@dpw.com
No Logo Changpeng Zhao, Defendant

Toggle Switch Represented by Davis Polk & Wardwell, LLP

Name Phone Fax E-Mail
Space James P. Rouhandeh +1 212 450 4000 +1 212 450 3835 james.rouhandeh@dpw.com
Space Maurice Nicholas Sage +1 212 450 3140 +1 212 701 6140 m.nick.sage@davispolk.com
Space Daniel Jacob Schwartz +1 212 450 4581 +1 212 450 3581 daniel.schwartz@dpw.com
Office Foley Square
Filed 4/3/2020
Jury Demand Plaintiff
Demand
Nature of Suit 850 - Other Statutes: Securities/Commodities/Exchange
Cause Section 15 U.S.C. § 77 Securities Fraud
Jurisdiction Federal Question
Disposition
County NewYork
Terminated
Origin 1
Reopened
Lead Case
None
Related Case
None
Other Court Case None
Defendant Custody Status
Flag ECF
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Legal Document (Payment Possibly Required) 71 Filed: 6/27/2021, Entered: 6/27/2021 LetterCourt Filing
LETTER addressed to Judge Andrew L. Carter, Jr. from Jordan A. Goldstein and Kyle W. Roche dated June 27, 2021 re: In Response to Defendants' June 25, 2021 Letter re Supplemental Authority. Document filed by JD Anderson, Corey Hardin, Eric Lee, Brett Messieh, David Muhammad, Ranjith Thiagarajan, Token Fund I LLC, Chase Williams..(Goldstein, Jordan)
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    Legal Document (Payment Possibly Required) 70 Filed: 6/25/2021, Entered: 6/25/2021 LetterCourt Filing
    LETTER addressed to Judge Andrew L. Carter, Jr. from James P. Rouhandeh dated June 25, 2021 re: Supplemental Authority supporting Defendants' pending Motion to Dismiss Plaintiff's Second Amended Class Action Complaint. Document filed by Binance, Changpeng Zhao. (Attachments: # (1) Exhibit A - Supplemental Authority).(Rouhandeh, James)
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      Legal Document (Payment Possibly Required) 69 Filed: 6/7/2021, Entered: 6/7/2021 Motion for Oral ArgumentCourt Filing
      LETTER MOTION for Oral Argument addressed to Judge Andrew L. Carter, Jr. from Kyle W. Roche and Jordan A. Goldstein dated June 7, 2021. Document filed by JD Anderson, Corey Hardin, Eric Lee, Brett Messieh, David Muhammad, Ranjith Thiagarajan, Token Fund I LLC, Chase Williams..(Goldstein, Jordan)
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        Legal Document (Payment Possibly Required) 68 Filed: 6/4/2021, Entered: 6/4/2021 Motion for Oral ArgumentCourt Filing
        LETTER MOTION for Oral Argument on Motion to Dismiss Plaintiffs' Second Amended Class Action Complaint and/or Compel Arbitration addressed to Judge Andrew L. Carter, Jr. from James P. Rouhandeh dated June 4, 2021. Document filed by Binance, Changpeng Zhao..(Rouhandeh, James)
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          Legal Document (Payment Possibly Required) 67 Filed: 6/3/2021, Entered: 6/3/2021 Declaration in Support of Motion
          DECLARATION of James P. Rouhandeh in Support re: [58] MOTION to Dismiss Plaintiffs' Second Amended Class Action Complaint and/or Compel Arbitration.. Document filed by Binance, Changpeng Zhao. (Attachments: # (1) Exhibit 1- Declaration of Corey Hardin, # (2) Exhibit 2- Declaration of David Muhammad, # (3) Exhibit 3- Declaration of Chase Williams, # (4) Exhibit 4- States with Blue Sky Law Limitations Periods of 1 or 2 Years).(Rouhandeh, James)
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            Legal Document (Payment Possibly Required) 66 Filed: 6/3/2021, Entered: 6/3/2021 Reply Memorandum of Law in Support of Motion
            REPLY MEMORANDUM OF LAW in Support re: [58] MOTION to Dismiss Plaintiffs' Second Amended Class Action Complaint and/or Compel Arbitration. . Document filed by Binance, Changpeng Zhao..(Rouhandeh, James)
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              Legal Document (Payment Possibly Required) 73 Filed: 10/22/2021, Entered: None Memo Endorsement
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                Legal Document (Payment Possibly Required) 65 Filed: 4/19/2021, Entered: 4/19/2021 Declaration in Opposition to Motion
                DECLARATION of Kyle W. Roche in Opposition re: [58] MOTION to Dismiss Plaintiffs' Second Amended Class Action Complaint and/or Compel Arbitration.. Document filed by JD Anderson, Corey Hardin, Eric Lee, Brett Messieh, David Muhammad, Ranjith Thiagarajan, Token Fund I LLC, Chase Williams. (Attachments: # (1) Exhibit 1 - Binance Registration Page Screen Shot, # (2) Exhibit 2 - 2018.02.28 Forbes Article, # (3) Exhibit 3 - 2019.03.07 Twitter Screenshot, # (4) Exhibit 4 - 2021.01.29 Twitter Screenshot, # (5) Exhibit 5 - 2021.01.29 Twitter Screenshot, # (6) Exhibit 6 - 2019.05.27 Twitter Screenshot).(Goldstein, Jordan)
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                  Legal Document (Payment Possibly Required) 72 Filed: 10/22/2021, Entered: None Letter
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                    Legal Document (Payment Possibly Required) 64 Filed: 4/19/2021, Entered: 4/19/2021 Memorandum of Law in Opposition to Motion
                    MEMORANDUM OF LAW in Opposition re: [58] MOTION to Dismiss Plaintiffs' Second Amended Class Action Complaint and/or Compel Arbitration. . Document filed by JD Anderson, Corey Hardin, Eric Lee, Brett Messieh, David Muhammad, Ranjith Thiagarajan, Token Fund I LLC, Chase Williams..(Goldstein, Jordan)
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                      Legal Document (Payment Possibly Required) 63 Filed: 4/6/2021, Entered: 4/6/2021 Stipulation and Order of Voluntary DismissalCourt Filing
                      STIPULATION AND ORDER REGARDING VOLUNTARY DISMISSAL OF DEFENDANTS HE AND WANG: IT IS HEREBY STIPULATED AND AGREED, by and between the Parties, through their undersigned counsel, that all of claims alleged against Defendants He and Wang in the above-captioned action are voluntarily dismissed pursuant to Federal Rule of Civil Procedure 4 l(a)(l)(A)(ii). IT IS FURTHER STIPULATED AND AGREED, by and between the Parties, through their undersigned counsel, that the briefing schedule regarding Defendants' motion to dismiss (ECF No. 57) shall remain in full force and effect. IT IS FURTHER STIPULATED AND AGREED, by and between the Parties, through their undersigned counsel, that the claims against Defendants Binance and Changpeng Zhao shall not be affected by this Stipulation and Proposed Order. SO ORDERED. Yi He and Roger Wang terminated. (Signed by Judge Andrew L. Carter, Jr on 4/6/2021) (kv)
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                        Legal Document (Payment Possibly Required) 62 Filed: 4/5/2021, Entered: 4/5/2021 Proposed Stipulation and Order
                        PROPOSED STIPULATION AND ORDER. Document filed by JD Anderson, Corey Hardin, Eric Lee, Brett Messieh, David Muhammad, Ranjith Thiagarajan, Token Fund I LLC, Chase Williams..(Goldstein, Jordan)
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                          Legal Document (Payment Possibly Required) 61 Filed: 2/24/2021, Entered: 2/24/2021 LetterCourt Filing
                          LETTER addressed to Judge Andrew L. Carter, Jr. from James P. Rouhandeh dated February 24, 2021 re: Supplemental Authority that supports Defendants' pending Motion to Dismiss Plaintiffs' Second Amended Class Action Complaint and/or to Compel Arbitration. Document filed by Binance, Yi He, Roger Wang, Changpeng Zhao. (Attachments: # (1) Exhibit A- Supplemental Authority).(Rouhandeh, James)
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                            Legal Document (Payment Possibly Required) 60 Filed: 2/16/2021, Entered: 2/16/2021 Declaration in Support of Motion
                            DECLARATION of James P. Rouhandeh in Support re: [58] MOTION to Dismiss Plaintiffs' Second Amended Class Action Complaint and/or Compel Arbitration.. Document filed by Binance, Yi He, Roger Wang, Changpeng Zhao. (Attachments: # (1) Exhibit 1. Binance Terms of Use, last revised February 20, 2019, # (2) Exhibit 2. Binance's FAQ webpage, # (3) Exhibit 3. Table of dates of plaintiffs' purchases, # (4) Exhibit 4. SEC website entitled "National Securities Exchanges", # (5) Exhibit 5. SEC website entitled "Company Information About Active Broker-Dealers", # (6) Exhibit 6. Publication of SEC Strategic Hub for Innovation and Financial Technology, dated April 3, 2019, # (7) Exhibit 7. SEC Exchange Act Release No. 81207, dated July 25, 2017, # (8) Exhibit 8. Statement of SEC Divisions of Enforcement and Trading Markets, dated March 7, 2018, # (9) Exhibit 9. CNBC article dated June 6, 2018, # (10) Exhibit 10. Remarks of William Hinman, SEC Director of Corporate Finance, # (11) Exhibit 11. Binance Terms of Use, last revised July 6, 2017, # (12) Exhibit 12. Binance Terms of Use, last revised January 13, 2021, # (13) Exhibit 13. Table of blue sky law statutory sections).(Rouhandeh, James)
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                              Legal Document (Payment Possibly Required) 59 Filed: 2/16/2021, Entered: 2/16/2021 Memorandum of Law in Support of Motion
                              MEMORANDUM OF LAW in Support re: [58] MOTION to Dismiss Plaintiffs' Second Amended Class Action Complaint and/or Compel Arbitration. . Document filed by Binance, Yi He, Roger Wang, Changpeng Zhao..(Rouhandeh, James)
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                                Legal Document (Payment Possibly Required) 58 Filed: 2/16/2021, Entered: 2/16/2021 Motion to Dismiss
                                MOTION to Dismiss Plaintiffs' Second Amended Class Action Complaint and/or Compel Arbitration. Document filed by Binance, Yi He, Roger Wang, Changpeng Zhao..(Rouhandeh, James)
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                                  Legal Document (Payment Possibly Required) 57 Filed: 2/11/2021, Entered: 2/11/2021 Stipulation and OrderCourt Filing
                                  STIPULATION AND ORDER REGARDING MOTION TO DISMISS BRIEFING: NOW THEREFORE IT IS HEREBY STIPULATED AND AGREED, by and between the Parties, through their undersigned counsel, subject to the Court's approval, as follows: The page limit for defendants' memorandum of law in support of any motion to dismiss the SACAC shall be 35 pages. For the avoidance of doubt, defendants shall file a single memorandum of law on behalf of all defendants. The page limit for plaintiffs' memorandum of law in opposition to any motion to dismiss the SACAC shall be 35 pages. For the avoidance of doubt, plaintiffs shall file a single memorandum of law on behalf of all plaintiffs. The page limit for defendants' reply memorandum of law in further support of any motion to dismiss the SACAC (the "Reply Memorandum") shall be 14 pages. For the avoidance of doubt, defendants shall file a single reply memorandum of law on behalf of all defendants. Defendants reserve the right to seek from the Court a further enlargement of the page limit for the Reply Memorandum, and plaintiffs reserve the right to oppose any such request. This stipulation may be executed in counterparts, and copies thereof furnished by facsimile or in electronic format shall be deemed originals for all purposes. (Signed by Judge Andrew L. Carter, Jr on 2/11/2021) (js)
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                                    Legal Document (Payment Possibly Required) 56 Filed: 2/10/2021, Entered: 2/10/2021 Proposed Stipulation and Order
                                    PROPOSED STIPULATION AND ORDER. Document filed by Binance, Yi He, Roger Wang, Changpeng Zhao..(Rouhandeh, James)
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                                      Legal Document (Payment Possibly Required) 55 Filed: 12/15/2020, Entered: 12/15/2020 Amended Complaint
                                      SECOND AMENDED COMPLAINT amending [43] Amended Complaint,, against Binance, Yi He, Roger Wang, Changpeng Zhao with JURY DEMAND.Document filed by David Muhammad, Brett Messieh, Token Fund I LLC, Ranjith Thiagarajan, JD Anderson, Eric Lee. Related document: [43] Amended Complaint,,..(Selendy, Philippe)
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                                        Legal Document (Payment Possibly Required) 54 Filed: 12/15/2020, Entered: 12/15/2020 Stipulation and OrderCourt Filing
                                        JOINT STIPULATION AND ORDER: IT IS ACCORDINGLY HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the Parties, subject to the Courts approval, as follows: All prior deadlines related to Defendants response to the ACAC are vacated. Plaintiffs shall file the SACAC within fourteen (14) days after the date on which the Court so-orders this proposed schedule. Defendants shall answer, move against, or otherwise respond to the SACAC sixty(60) days after the date on which Plaintiffs file the SACAC. Plaintiffs shall oppose any motion to dismiss sixty (60) days after the date on which Defendants file such motion. Defendants shall file any reply in further support of any motion to dismiss forty- five (45) days after Plaintiffs file their opposition. For the avoidance of doubt, Defendants shall not be required to file an additional pre-motion letter pursuant to Rule 2.A of the Courts Individual Practices prior to filing any motion to dismiss contemplated by this stipulation. Any deadline contemplated by this stipulation that falls on a weekend or federal holiday shall be extended to the next business day. So Ordered. (Signed by Judge Andrew L. Carter, Jr on 12/15/2020) (js)
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                                          Legal Document (Payment Possibly Required) 53 Filed: 12/14/2020, Entered: 12/14/2020 Proposed Stipulation and Order
                                          PROPOSED STIPULATION AND ORDER. Document filed by JD Anderson, Corey Hardin, Eric Lee, Brett Messieh, David Muhammad, Ranjith Thiagarajan, Token Fund I LLC, Chase Williams..(Goldstein, Jordan)
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                                            Legal Document (Payment Possibly Required) 52 Filed: 12/8/2020, Entered: 12/8/2020 Order on Motion for conferenceCourt Filing
                                            ORDER terminating [50] Motion for Conference. The Court is in receipt of the parties' pre-motion conference letters. ECF Nos. 50-51. Upon review of the submissions, the Court denies Defendants' requests for a pre-motion conference. The Court hereby grants Plaintiffs leave to amend their complaint and Defendants leave to file a motion to dismiss the amended complaint. The parties are hereby ORDERED to submit a joint status report with a proposed schedule for amending the complaint and briefing the motion to dismiss by December 15, 2020. The Clerk of Court is directed to terminate ECF No. 50. SO ORDERED.. (Signed by Judge Andrew L. Carter, Jr on 12/8/2020) (ks)
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                                              Legal Document (Payment Possibly Required) 51 Filed: 11/16/2020, Entered: 11/16/2020 LetterCourt Filing
                                              LETTER addressed to Judge Andrew L. Carter, Jr. from Jordan A. Goldstein and Kyle W. Roche dated November 16, 2020 re: Defendants' November 10, 2020 letter. Document filed by JD Anderson, Corey Hardin, Eric Lee, Brett Messieh, David Muhammad, Ranjith Thiagarajan, Token Fund I LLC, Chase Williams. (Attachments: # (1) Exhibit 1 - Article by Michael del Castillo, Forbes, Leaked 'Tai Chi' Document Reveals Binance's Elaborate Scheme To Evade Bitcoin Regulators (Oct. 29, 2020)).(Goldstein, Jordan)
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                                                Legal Document (Payment Possibly Required) 50 Filed: 11/10/2020, Entered: 11/10/2020, Terminated: 12/8/2020 Motion for ConferenceCourt Filing
                                                LETTER MOTION for Conference Regarding Defendants' Anticipated Motion to Dismiss the Amended Class Action Complaint addressed to Judge Andrew L. Carter, Jr. from James P. Rouhandeh dated November 10, 2020. Document filed by Binance, Yi He, Roger Wang, Changpeng Zhao..(Rouhandeh, James)
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                                                  Legal Document (Payment Possibly Required) 49 Filed: 10/5/2020, Entered: 10/6/2020 Order on Motion for conferenceCourt Filing
                                                  ORDER denying [44] Letter Motion for Conference. Plaintiffs' Motion for Coordination is hereby Denied. So Ordered. (Signed by Judge Andrew L. Carter, Jr on 10/5/2020) (js)
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                                                    Legal Document (Payment Possibly Required) 48 Filed: 9/25/2020, Entered: 9/25/2020 LetterCourt Filing
                                                    LETTER addressed to Judge Andrew L. Carter, Jr. from James P. Rouhandeh dated September 25, 2020 re: Apprising the Court of a Subsequent Development that is Related to Defendants' Response [Dkt. No. 46] to Plaintiffs' Request for a Pre-Motion Conference Regarding their Anticipated Motion to Coordinate the ICO Cases.. Document filed by Binance, Yi He, Roger Wang, Changpeng Zhao. (Attachments: # (1) Exhibit A- PLS Memo Endorsement of Dkt 30 Letter, # (2) Exhibit B- PLS Memo Endorsement of Dkt 52 Letter).(Rouhandeh, James)
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                                                      Legal Document (Payment Possibly Required) 47 Filed: 9/22/2020, Entered: 9/22/2020 LetterCourt Filing
                                                      LETTER addressed to Judge Andrew L. Carter, Jr. from Jordan Goldstein and Kyle Roche dated September 22, 2020 re: in response to letters that have been submitted by counsel. Document filed by JD Anderson, Corey Hardin, Eric Lee, Brett Messieh, David Muhammad, Ranjith Thiagarajan, Token Fund I LLC..(Goldstein, Jordan)
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                                                        Legal Document (Payment Possibly Required) 46 Filed: 9/21/2020, Entered: 9/21/2020 LetterCourt Filing
                                                        LETTER addressed to Judge Andrew L. Carter, Jr. from James P. Rouhandeh dated September 21, 2020 re: Plaintiffs' request for a pre-motion conference. Document filed by Binance..(Rouhandeh, James)
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                                                          Legal Document (Payment Possibly Required) 45 Filed: 9/17/2020, Entered: 9/17/2020 LetterCourt Filing
                                                          LETTER addressed to Judge Andrew L. Carter, Jr. from Daniel L. Berger dated September 17, 2020 re: Plaintiffs' Sept. 16, 2020 Letter. Document filed by Crypto Assets Opportunity Fund LLC..(Berger, Daniel)
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                                                            Legal Document (Payment Possibly Required) 44 Filed: 9/16/2020, Entered: 9/16/2020, Terminated: 10/5/2020 Motion for ConferenceCourt Filing
                                                            LETTER MOTION for Conference re: Plaintiffs' anticipated motion to coordinate addressed to Judge Andrew L. Carter, Jr. from Jordan A. Goldstein and Kyle W. Roche dated September 16, 2020. Document filed by JD Anderson, Corey Hardin, Eric Lee, Brett Messieh, David Muhammad, Ranjith Thiagarajan, Token Fund I LLC..(Goldstein, Jordan)
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                                                              Legal Document (Payment Possibly Required) 43 Filed: 9/11/2020, Entered: 9/11/2020 Amended Complaint
                                                              AMENDED COMPLAINT amending [1] Complaint against Binance, Yi He, Roger Wang with JURY DEMAND.Document filed by David Muhammad, Brett Messieh, Token Fund I LLC, Corey Hardin, Ranjith Thiagarajan, JD Anderson, Eric Lee. Related document: [1] Complaint. (Attachments: # (1) A - Anderson, JD Certification, # (2) Exhibit B - Harden, Corey Certification, # (3) Exhibit C - Lee, Eric Certification, # (4) Exhibit D - Messieh, Brett Certifcation, # (5) Exhibit E - Muhammed, David Certification, # (6) Exhibit F - Thiagaranjan, Raleigh Certification, # (7) Exhibit G - Williams, Chase Certification, # (8) Exhibit H - Token Fund I LLC Certification).(Selendy, Philippe)
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                                                                Blank  Notice to Attorney Regarding Deficient Pleading
                                                                ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Philippe Zuard Selendy to RE-FILE Document No. [42] Amended Complaint,,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; remove the word 'PROPOSED' from the PDF. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the corrected PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pne)
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                                                                  Legal Document (Payment Possibly Required) 42 Filed: 9/10/2020, Entered: 9/10/2020 Amended Complaint
                                                                  FILING ERROR - PDF ERROR - AMENDED COMPLAINT amending [1] Complaint against Binance, Yi He, Roger Wang, Changpeng Zhao with JURY DEMAND.Document filed by David Muhammad, Brett Messieh, Token Fund I LLC, Corey Hardin, Ranjith Thiagarajan, JD Anderson, Eric Lee. Related document: [1] Complaint. (Attachments: # (1) Exhibit A - Anderson, JD Certification, # (2) Exhibit B - Hardin, Corey Certification, # (3) Exhibit C - Lee, Eric Certification, # (4) Exhibit D - Messieh, Brett Certification, # (5) Exhibit E - Muhammad, David Certification, # (6) Exhibit F - Thiagarajan, Ranjith Certification, # (7) Exhibit G - Williams, Chase Certification, # (8) Exhibit H - Token Fund I LLC Certification).(Selendy, Philippe) Modified on 9/11/2020 (pne).
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                                                                    Legal Document (Payment Possibly Required) 41 Filed: 8/26/2020, Entered: 8/26/2020 Stipulation and OrderCourt Filing
                                                                    JOINT STIPULATION AND ORDER REGARDING SERVICE OF PROCESS AND SCHEDULE: IT IS ACCORDINGLY STIPULATED, by and between the undersigned counsel for the Parties, subject to the Court's approval, as follows: The undersigned counsel for Defendants hereby waives service on behalf of all Defendants; provided, however, that the acceptance of service and entry into this Stipulation shall not waive, and Defendants expressly preserve, all rights, claims, and defenses, including, but not limited to, all defenses relating to jurisdiction and venue, except a defense as to the sufficiency of service of the summons and complaint and the form of the summons; Defendants shall have no obligation to answer, move against, or otherwise respond to the Initial Complaint or the Proposed Amended Complaint unless otherwise ordered by the Court. Plaintiffs shall file an amended class action complaint (the "Amended Class Action Complaint") within 60 days after the entry of the Court's order appointing lead plaintiffs and approving lead counsel. Defendants shall answer, move against, or otherwise respond to the Amended Class Action Complaint within 60 days after Plaintiffs file the Amended Class Action Complaint. If Defendants move to dismiss the Amended Class Action Complaint, Plaintiffs shall file any opposition to the motion to dismiss within 45 days after the filing of the motion, and Defendants shall file any reply within 30 days after the filing of the opposition to the motion to dismiss. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 8/26/2020) (ama)
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                                                                      Legal Document (Payment Possibly Required) 40 Filed: 8/26/2020, Entered: 8/26/2020 order on motion for miscellaneous reliefCourt Filing
                                                                      ORDER APPOINTING LEAD PLAINTIFFS AND APPROVING SELECTION OF CO-LEAD COUNSEL granting [23] Motion for Appointment as Lead Plaintiff and Approval of Selection of Co-Lead Counsel. IT IS HEREBY ORDERED THAT: 1. JD Anderson, Corey Hardin, Eric Lee, Brett Messieh, David Muhammad, Ranjith Thiagarajan, Chase Williams, and Token Fund I LLC are appointed Lead Plaintiffs in the above- captioned action. 2. The Court designates the law firms Roche Cyrulnik Freedman LLP and Selendy & Gay PLLC as Co-Lead Counsel in this action. 3. Co-Lead Counsel shall be generally responsible for coordinating activities during pretrial proceedings and shall: a. Determine and present (in briefs, oral argument, or other fashion as may be appropriate, personally or by a designee) to the Court and opposing parties the position of Lead Plaintiffs and the proposed class on all matters arising during pretrial proceedings; b. Coordinate the conduct of discovery on behalf of Lead Plaintiffs and the proposed class consistent with the requirements of Rule 26 of the Federal Rule of Civil Procedure, including preparation of interrogatories and requests for production of documents and the examination of witnesses in depositions; c. Conduct settlement negotiations on behalf of Lead Plaintiffs and the proposed class; d. Enter into stipulations with opposing counsel as necessary for the conduct of the litigation; e. Prepare the case for and conduct trial; and f. Perform such other duties as may be incidental to the proper coordination of pretrial and trial activities or authorized by future order of the Court. 4. All securities class actions raising similar claims subsequently filed in or transferred to the United States District Court for the Southern District of New York shall be consolidated into this action, and this Order shall apply to every such action, absent any further order of the Court. (Signed by Judge Andrew L. Carter, Jr on 8/26/2020) (rj)
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                                                                        Legal Document (Payment Possibly Required) 39 Filed: 8/24/2020, Entered: 8/24/2020 Proposed Stipulation and Order
                                                                        PROPOSED STIPULATION AND ORDER. Document filed by Eric Lee, Chase Williams..(Goldstein, Jordan)
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                                                                          Legal Document (Payment Possibly Required) 38 Filed: 8/24/2020, Entered: 8/24/2020 Rule 7.1 Corporate Disclosure Statement
                                                                          RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Binance..(Rouhandeh, James)
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                                                                            Legal Document (Payment Possibly Required) 37 Filed: 8/24/2020, Entered: 8/24/2020 Notice of appearance
                                                                            NOTICE OF APPEARANCE by Maurice Nicholas Sage on behalf of Binance, Yi He, Roger Wang, Changpeng Zhao..(Sage, Maurice)
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                                                                              Legal Document (Payment Possibly Required) 36 Filed: 8/24/2020, Entered: 8/24/2020 Notice of appearance
                                                                              NOTICE OF APPEARANCE by Daniel Jacob Schwartz on behalf of Binance, Yi He, Roger Wang, Changpeng Zhao..(Schwartz, Daniel)
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                                                                                Legal Document (Payment Possibly Required) 35 Filed: 8/24/2020, Entered: 8/24/2020 Notice of appearance
                                                                                NOTICE OF APPEARANCE by James P. Rouhandeh on behalf of Binance, Yi He, Roger Wang, Changpeng Zhao..(Rouhandeh, James)
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                                                                                  Blank 34 Filed: 7/8/2020, Entered: 7/9/2020 Letter
                                                                                  LETTER addressed to The Clerk of the Court from Jordan A. Goldstein dated 7/2/2020 re: Counsel for Plaintiff write this letter pursuant to F.R.C.P. 5(b)(2)(D), with regard to Defendant Roger Wang, and serve upon the Clerk of Court the following papers: the Letter Motion for Conference regarding Plaintiffs' Anticipated Motion to Join and to File the Proposed Amended Complaint, Exhibit 1 thereto (Proposed Amended Complaint), and Exhibit 2 thereto (redline). Document filed by Eric Lee, Chase Williams.(tro)
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                                                                                    Blank 33 Filed: 7/8/2020, Entered: 7/9/2020 Letter
                                                                                    LETTER addressed to The Clerk of the Court from Jordan A. Goldstein dated 7/2/2020 re: Counsel for Plaintiff write this letter pursuant to F.R.C.P. 5(b)(2)(D), with regard to Defendant Yi He, and serve upon the Clerk of Court the following papers: the Letter Motion for Conference regarding Plaintiffs' Anticipated Motion to Join and to File the Proposed Amended Complaint, Exhibit 1 thereto (Proposed Amended Complaint), and Exhibit 2 thereto (redline). Document filed by Eric Lee, Chase Williams..(tro)
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                                                                                      Legal Document (Payment Possibly Required) 32 Filed: 7/2/2020, Entered: 7/2/2020 Certificate of Service Other
                                                                                      CERTIFICATE OF SERVICE of Letter Motion for Conference regarding Plaintiffs Anticipated Motion to Join and to File the Proposed Amended Complaint, Exhibit 1 thereto (Proposed Amended Complaint), and Exhibit 2 thereto (redline) served on Yi He c/o Clerk of the Court, Roger Wang c/o Clerk of the Court, Changpeng Zhao, and Binance on July 2, 2020. Document filed by Eric Lee, Chase Williams..(Goldstein, Jordan)
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                                                                                        Legal Document (Payment Possibly Required) 31 Filed: 7/1/2020, Entered: 7/1/2020, Terminated: 8/26/2020 Motion for ConferenceCourt Filing
                                                                                        LETTER MOTION for Conference re: Plaintiffs' Anticipated Motion to Join and to File the Proposed Amended Complaint addressed to Judge Andrew L. Carter, Jr. from Jordan A. Goldstein dated July 1, 2020. Document filed by Eric Lee, Chase Williams. (Attachments: # (1) Exhibit 1 - Proposed Amended Complaint, # (2) Exhibit 2 - Redline).(Goldstein, Jordan)
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                                                                                          Legal Document (Payment Possibly Required) 30 Filed: 6/17/2020, Entered: 6/18/2020 Letter
                                                                                          LETTER addressed to The Clerk of Court from Jordan A. Goldstein dated 6/10/2020 re: LETTER addressed to The Clerk of Court from Jordan A. Goldstein dated 6/10/2020 re: Pursuant to F.R.C.P. 5(b)(2)(D), with regard Defendant Roger Wang, counsel for Plaintiff, serve upon the Clerk of Court the following papers: (1) Notice of JD Anderson, Corey Hardin, Eric Lee, Brett Messieh, David Muhammad, Ranjith Thiagarajan, Chase Williams, and Token Fund I LLC's Motion for Appointment as Lead Plaintiff and Approval of Selection of Roche Cyrulnik Freedman LLP and Selendy and gay PLLC as Co-Lead Counsel; (2) Proposed Order Appointing Lead Plaintiff and Approving Selection of Co-Lead Counsel; (3) Joel Deutsch's Memorandum of Law in Support of His Motion for Appointment as Lead Plaintiff and Approval of Selection of Roche Cyrulnik Freedman LLP and Selendy ad Gay PLLC as Co-Lead Counsel; (4) Declaration of Jordan A. Goldstein and accompanying exhibit, and (5) Declaration of Kyle W. Roche and accompanying exhibits. Document filed by Alexander Clifford. Document filed by Alexander Clifford. Document filed by Eric Lee, Chase Williams..(tro)
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                                                                                            Legal Document (Payment Possibly Required) 29 Filed: 6/17/2020, Entered: 6/18/2020 Letter
                                                                                            LETTER addressed to The Clerk of Court from Jordan A. Goldstein dated 6/10/2020 re: LETTER addressed to The Clerk of Court from Jordan A. Goldstein dated 6/10/2020 re: Pursuant to F.R.C.P. 5(b)(2)(D), with regard Defendant Yi He, counsel for Plaintiff, serve upon the Clerk of Court the following papers: (1) Notice of JD Anderson, Corey Hardin, Eric Lee, Brett Messieh, David Muhammad, Ranjith Thiagarajan, Chase Williams, and Token Fund I LLC's Motion for Appointment as Lead Plaintiff and Approval of Selection of Roche Cyrulnik Freedman LLP and Selendy and gay PLLC as Co-Lead Counsel; (2) Proposed Order Appointing Lead Plaintiff and Approving Selection of Co-Lead Counsel; (3) Joel Deutsch's Memorandum of Law in Support of His Motion for Appointment as Lead Plaintiff and Approval of Selection of Roche Cyrulnik Freedman LLP and Selendy ad Gay PLLC as Co-Lead Counsel; (4) Declaration of Jordan A. Goldstein and accompanying exhibit, and (5) Declaration of Kyle W. Roche and accompanying exhibits. Document filed by Alexander Clifford. Document filed by Alexander Clifford. Document filed by Eric Lee, Chase Williams.(tro)
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                                                                                              Legal Document (Payment Possibly Required) 28 Filed: 6/11/2020, Entered: 6/11/2020 summons returned executed
                                                                                              SUMMONS RETURNED EXECUTED Summons and Complaint served. Binance served on 5/5/2020. Document filed by Chase Williams; Eric Lee..(Goldstein, Jordan)
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                                                                                                Legal Document (Payment Possibly Required) 27 Filed: 6/10/2020, Entered: 6/10/2020 Certificate of Service Other
                                                                                                CERTIFICATE OF SERVICE of Motion for Appointment as Lead Plaintiffs and Approval of Selection of Co-Lead Counsel, Proposed Order Appointing Lead Plaintiffs and Approving Selection of Co-Lead Counsel, Memorandum of Law in Support of Motion for Appointment as Lead Plaintiffs and Approval of Selection of Roche Cyrulnik Freedman LLP and Selendy & Gay PLLC as Co-Lead Counsel, Declaration of Jordan A. Goldstein and accompanying exhibit, and Declaration of Kyle W. Roche and accompanying exhibits served on Yi He, Roger Wang, Changpeng Zhao, Binance on June 10, 2020. Service was made by MAIL. Document filed by JD Anderson, Corey Hardin, Eric Lee, Brett Messieh, David Muhammad, Ranjith Thiagarajan, Token Fund I LLC, Chase Williams..(Goldstein, Jordan)
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                                                                                                  Legal Document (Payment Possibly Required) 26 Filed: 6/8/2020, Entered: 6/8/2020 Declaration in Support of Motion
                                                                                                  DECLARATION of JORDAN A. GOLDSTEIN in Support re: [23] MOTION for Appointment as Lead Plaintiff and Approval of Selection of Co-Lead Counsel .. Document filed by JD Anderson, Corey Hardin, Eric Lee, Brett Messieh, David Muhammad, Ranjith Thiagarajan, Token Fund I LLC, Chase Williams. (Attachments: # (1) Exhibit A - Selendy & Gay Firm Resume).(Goldstein, Jordan)
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                                                                                                    Legal Document (Payment Possibly Required) 25 Filed: 6/8/2020, Entered: 6/8/2020 Declaration in Support of Motion
                                                                                                    DECLARATION of KYLE W. ROCHE in Support re: [23] MOTION for Appointment as Lead Plaintiff and Approval of Selection of Co-Lead Counsel .. Document filed by JD Anderson, Corey Hardin, Eric Lee, Brett Messieh, David Muhammad, Ranjith Thiagarajan, Token Fund I LLC, Chase Williams. (Attachments: # (1) Exhibit A - Certification, # (2) Exhibit B - Roche Cyrulnik Freedman Firm Resume, # (3) Exhibit C - Press Release, # (4) Exhibit D - Loss Chart).(Selendy, Philippe)
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                                                                                                      Legal Document (Payment Possibly Required) 24 Filed: 6/8/2020, Entered: 6/8/2020 Memorandum of Law in Support of Motion
                                                                                                      MEMORANDUM OF LAW in Support re: [23] MOTION for Appointment as Lead Plaintiff and Approval of Selection of Co-Lead Counsel . . Document filed by JD Anderson, Corey Hardin, Eric Lee, Brett Messieh, David Muhammad, Ranjith Thiagarajan, Token Fund I LLC, Chase Williams..(Selendy, Philippe)
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                                                                                                        Legal Document (Payment Possibly Required) 23 Filed: 6/8/2020, Entered: 6/8/2020, Terminated: 8/26/2020 motion for miscellaneous relief
                                                                                                        MOTION for Appointment as Lead Plaintiff and Approval of Selection of Co-Lead Counsel . Document filed by Chase Williams, JD Anderson, Corey Hardin, Eric Lee, Brett Messieh, David Muhammad, Ranjith Thiagarajan, Token Fund I LLC. (Attachments: # (1) Text of Proposed Order).(Selendy, Philippe)
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                                                                                                          Legal Document (Payment Possibly Required) 22 Filed: 5/18/2020, Entered: 5/18/2020 Order on Motion to appear pro hac viceCourt Filing
                                                                                                          ORDER FOR ADMISSION PRO HAC VICE granting [21] Motion for Devin Freedman to Appear Pro Hac Vice. (Signed by Judge Andrew L. Carter, Jr on 5/18/2020) (ama)
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                                                                                                            Legal Document (Payment Possibly Required) 21 Filed: 5/14/2020, Entered: 5/14/2020, Terminated: 5/18/2020 Motion to appear pro hac vice
                                                                                                            MOTION for Devin Freedman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19827623. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Eric Lee, Chase Williams. (Attachments: # (1) Affidavit of Devin Freedman, # (2) Exhibit A, # (3) Proposed Order).(Freedman, Devin)
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                                                                                                              Blank  Notice Regarding Pro Hac Vice Motion
                                                                                                              >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [21] MOTION for Devin Freedman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19827623. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad)
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                                                                                                                Legal Document (Payment Possibly Required) 20 Filed: 5/13/2020, Entered: 5/13/2020 Notice of appearance
                                                                                                                NOTICE OF APPEARANCE by Alex Potter on behalf of Eric Lee, Chase Williams..(Potter, Alex)
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                                                                                                                  Legal Document (Payment Possibly Required) 19 Filed: 4/7/2020, Entered: 4/7/2020 Summons issued
                                                                                                                  ELECTRONIC SUMMONS ISSUED as to Roger Wang..(pc)
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                                                                                                                    Legal Document (Payment Possibly Required) 18 Filed: 4/7/2020, Entered: 4/7/2020 Summons issued
                                                                                                                    ELECTRONIC SUMMONS ISSUED as to Binance..(pc)
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                                                                                                                      Legal Document (Payment Possibly Required) 17 Filed: 4/7/2020, Entered: 4/7/2020 Summons issued
                                                                                                                      ELECTRONIC SUMMONS ISSUED as to Yi He..(pc)
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                                                                                                                        Legal Document (Payment Possibly Required) 16 Filed: 4/7/2020, Entered: 4/7/2020 Summons issued
                                                                                                                        ELECTRONIC SUMMONS ISSUED as to Changpeng Zhao..(pc)
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                                                                                                                          Blank  Notice to Attorney Regarding Party Modification
                                                                                                                          ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Kyle William Roche. The party information for the following party/parties has been modified: Roger Yang. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (pc)
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                                                                                                                            Legal Document (Payment Possibly Required) 15 Filed: 4/6/2020, Entered: 4/6/2020 Request for Issuance of Summons
                                                                                                                            REQUEST FOR ISSUANCE OF SUMMONS as to Roger Wang, re: [1] Complaint. Document filed by Eric Lee, Chase Williams..(Roche, Kyle)
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                                                                                                                              Legal Document (Payment Possibly Required) 14 Filed: 4/6/2020, Entered: 4/6/2020 Request for Issuance of Summons
                                                                                                                              REQUEST FOR ISSUANCE OF SUMMONS as to Yi He, re: [1] Complaint. Document filed by Eric Lee, Chase Williams..(Roche, Kyle)
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                                                                                                                                Legal Document (Payment Possibly Required) 13 Filed: 4/6/2020, Entered: 4/6/2020 Request for Issuance of Summons
                                                                                                                                REQUEST FOR ISSUANCE OF SUMMONS as to Changpeng Zhao, re: [1] Complaint. Document filed by Eric Lee, Chase Williams..(Roche, Kyle)
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                                                                                                                                  Legal Document (Payment Possibly Required) 12 Filed: 4/6/2020, Entered: 4/6/2020 Request for Issuance of Summons
                                                                                                                                  REQUEST FOR ISSUANCE OF SUMMONS as to Binance, re: [1] Complaint. Document filed by Eric Lee, Chase Williams..(Roche, Kyle)
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                                                                                                                                    Blank  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. [5] Request for Issuance of Summons, [6] Request for Issuance of Summons, [3] Request for Issuance of Summons, [4] Request for Issuance of Summons. The filing is deficient for the following reason(s): the date field on the official A.O. Summons form was completed by the attorney;. 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. (pc)
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                                                                                                                                      Blank  Case Designated ECF.
                                                                                                                                      Case Designated ECF. (pc)
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                                                                                                                                        Blank  Case Designation
                                                                                                                                        Magistrate Judge Gabriel W. Gorenstein is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc)
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                                                                                                                                          Blank  Case Opening Initial Assignment Notice
                                                                                                                                          CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc)
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                                                                                                                                            Blank  Notice to Attorney Regarding Party Modification
                                                                                                                                            ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Kyle William Roche. The party information for the following party/parties has been modified: Eric Lee, Chase Williams. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc)
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                                                                                                                                              Legal Document (Payment Possibly Required) 11 Filed: 4/4/2020, Entered: 4/4/2020 Notice of appearance
                                                                                                                                              NOTICE OF APPEARANCE by Edward John Normand on behalf of Eric Lee, Chase Williams..(Normand, Edward)
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                                                                                                                                                Legal Document (Payment Possibly Required) 10 Filed: 4/3/2020, Entered: 4/3/2020 Notice of appearance
                                                                                                                                                NOTICE OF APPEARANCE by Mitchell D. Nobel on behalf of Eric Lee, Chase Williams..(Nobel, Mitchell)
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                                                                                                                                                  Legal Document (Payment Possibly Required) 9 Filed: 4/3/2020, Entered: 4/3/2020 Notice of appearance
                                                                                                                                                  NOTICE OF APPEARANCE by Oscar Shine on behalf of Eric Lee, Chase Williams..(Shine, Oscar)
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                                                                                                                                                    Legal Document (Payment Possibly Required) 8 Filed: 4/3/2020, Entered: 4/3/2020 Notice of appearance
                                                                                                                                                    NOTICE OF APPEARANCE by Jordan Ari Goldstein on behalf of Eric Lee, Chase Williams..(Goldstein, Jordan)
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                                                                                                                                                      Legal Document (Payment Possibly Required) 7 Filed: 4/3/2020, Entered: 4/3/2020 Notice of appearance
                                                                                                                                                      NOTICE OF APPEARANCE by Philippe Zuard Selendy on behalf of Eric Lee, Chase Williams..(Selendy, Philippe)
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                                                                                                                                                        Legal Document (Payment Possibly Required) 6 Filed: 4/3/2020, Entered: 4/3/2020 Request for Issuance of Summons
                                                                                                                                                        FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Roger Wang, re: [1] Complaint. Document filed by Eric Lee, Chase Williams..(Roche, Kyle) Modified on 4/6/2020 (pc).
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                                                                                                                                                          Legal Document (Payment Possibly Required) 5 Filed: 4/3/2020, Entered: 4/3/2020 Request for Issuance of Summons
                                                                                                                                                          FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Yi He, re: [1] Complaint. Document filed by Eric Lee, Chase Williams..(Roche, Kyle) Modified on 4/6/2020 (pc).
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                                                                                                                                                            Legal Document (Payment Possibly Required) 4 Filed: 4/3/2020, Entered: 4/3/2020 Request for Issuance of Summons
                                                                                                                                                            FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Changpeng Zhao, re: [1] Complaint. Document filed by Eric Lee, Chase Williams..(Roche, Kyle) Modified on 4/6/2020 (pc).
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                                                                                                                                                              Legal Document (Payment Possibly Required) 3 Filed: 4/3/2020, Entered: 4/3/2020 Request for Issuance of Summons
                                                                                                                                                              FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Binance, re: [1] Complaint. Document filed by Eric Lee, Chase Williams..(Roche, Kyle) Modified on 4/6/2020 (pc).
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                                                                                                                                                                Legal Document (Payment Possibly Required) 2 Filed: 4/3/2020, Entered: 4/3/2020 Civil Cover Sheet
                                                                                                                                                                CIVIL COVER SHEET filed. (Attachments: # (1) Rider).(Roche, Kyle)
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                                                                                                                                                                  Legal Document (Payment Possibly Required) 1 Filed: 4/3/2020, Entered: 4/3/2020 Complaint
                                                                                                                                                                  COMPLAINT against Binance, Yi He, Roger Yang, Changpeng Zhao. (Filing Fee $ 400.00, Receipt Number ANYSDC-19331072)Document filed by Eric Lee, Chase Williams..(Roche, Kyle)
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