Owen et al v. Elastos Foundation et al
Mark Owen and James Wandling |
Feng Han, Fay Li, Rong Chen, Elastos Foundation and Ben Lee |
1:2019cv05462 |
June 11, 2019 |
US District Court for the Southern District of New York |
Barbara C Moses |
Gregory H Woods |
Contract: Other |
15 U.S.C. § 77 Securities Fraud |
Plaintiff |
Docket Report
This docket was last retrieved on December 26, 2023. A more recent docket listing may be available from PACER.
Document Text |
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #202 Proposed Order was reviewed and approved as to form. (km) |
Filing 203 REVISED SCHEDULING ORDER granting #201 Letter Motion to Stay re: #201 JOINT LETTER MOTION to Stay the litigation through June 19, 2023 addressed to Magistrate Judge Barbara C. Moses from Javier Bleichmar and Stephen Arena dated 04/25/2023. The date by which Defendants shall respond to Plaintiffs' Second Requests forAdmissions is adjourned from April 26, 2023 to June 21, 2023; The deposition of Zach Warsavage is adjourned from April 27, 2023 to no later than June 22, 2023; The date by which the Parties shall provide the Court a further update on the statusof their efforts to agree upon the timing and order of class certification motionpractice (see ECF 200) is adjourned from April 28, 2023 to June 23, 2023; The deposition of Rong Chen (individually, as Rule 30(b)(6) designee for Defendant Elastos Foundation, and as Rule 30(b)(6) designee for Elastos, Incorporated) in Seattle, Washington is adjourned from May 1, 2, 3, 2023 to no later than June 26, 27, 28, 2023; The close of fact discovery is adjourned from May 16, 2023 to July 11, 2023. The deadline for the disclosure of expert evidence, including the identities and written reports of experts, as required by Fed. R. Civ. P. 26(a)(2)(A), (B), or (C), is adjourned from June 16, 2023 to August 11, 2023. Plaintiffs spoliation motion, Defendants' spoliation opposition, and Plaintiffs spoliation reply briefs are adjourned from June 30, 2023, July 28, 2023, and August 18, 2023, respectively, to August 25, 2023, September 22, 2023, and October 13, 2023, respectively. No further extensions of the deadlines set forth above will be granted absent compelling circumstances. (Signed by Magistrate Judge Barbara C. Moses on 4/25/2023) (rro) |
Filing 202 PROPOSED ORDER. Document filed by Mark Owen, James Wandling. Related Document Number: #201 ..(Bleichmar, Javier) Proposed Order to be reviewed by Clerk's Office staff. |
Filing 201 JOINT LETTER MOTION to Stay the litigation through June 19, 2023 addressed to Magistrate Judge Barbara C. Moses from Javier Bleichmar and Stephen Arena dated 04/25/2023. Document filed by Mark Owen, James Wandling. (Attachments: #1 Text of Proposed Order Proposed Order).(Bleichmar, Javier) |
Set/Reset Deadlines: Deposition due by 6/28/2023. Fact Discovery due by 7/11/2023. Motions due by 8/25/2023. Responses due by 9/22/2023 Replies due by 10/13/2023. (rro) |
Filing 200 The parties previously reported to the Court on March 24, 2023 that they were continuing to meet and confer to agree upon the timing and order of class certification motion practice. (Dkt. 198.) No later than April 28, 2023, the parties shall provide the Court a further update on the status of their efforts. (HEREBY ORDERED by Magistrate Judge Barbara Moses) (Text Only Order) (ra) |
Filing 199 MEMO ENDORSEMENT on re: #198 Letter filed by James Wandling, Mark Owen. ENDORSEMENT: Application GRANTED. The pretrial schedule is modified as set forth on page 2. The parties may adjust interim discovery deadlines without Court approval, so long as those adjustments do not extend the deadlines for completion of fact discovery, service of expert reports, or briefing of the spoliation motion. SO ORDERED. ( Deposition due by 5/3/2023., Fact Discovery due by 5/16/2023., Motions due by 6/30/2023., Responses due by 7/28/2023, Replies due by 8/18/2023.) (Signed by Magistrate Judge Barbara C. Moses on 3/27/2023) (rro) |
Filing 198 JOINT LETTER addressed to Magistrate Judge Barbara C. Moses from Javier Bleichmar and Stephen Arena dated 03/24/2023 re: Status Update Pursuant to Court's March 16, 2023 Order. Document filed by Mark Owen, James Wandling..(Bleichmar, Javier) |
Filing 197 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/14/2023 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) |
Filing 196 TRANSCRIPT of Proceedings re: CONFERENCE held on 3/14/2023 before Magistrate Judge Barbara C. Moses. Court Reporter/Transcriber: Adrienne Mignano, 92120 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 4/12/2023. Redacted Transcript Deadline set for 4/24/2023. Release of Transcript Restriction set for 6/20/2023. (js) |
Filing 195 ORDER: Plaintiffs have not shown, on the present record, that they are entitled to an order compelling Elastos to search Mr. Li's Personal Google Account. "Should further discovery reveal a valid justification for such a search, [plaintiffs] may renew [their] request." Blue Matter, 2020 WL 7352509, at *4. (Signed by Magistrate Judge Barbara C. Moses on 3/16/2023) (rro) |
Filing 194 ORDER. It is hereby ORDERED that: Plaintiffs advise the Court that they anticipate filing a motion for spoliation sanctions pursuant to Fed. R. Civ. P. 37(e). The parties shall meet and confer in a good faith effort to agree upon a briefing schedule for that motion that does not extend beyond the expert discovery period. Additionally, the parties shall meet and confer in a good faith effort to agree upon the withdrawal of defendants' preemptive motion to deny class certification (Dkt. 154) without prejudice to renewal, on a full record, when plaintiffs move for class certification. No later than March 24, 2023, the parties shall file a joint letter (a) updating the Court as to the outcome of these discussions and (b) submitting any agreed-upon briefing schedule for the Court's consideration. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 3/16/23) (yv) |
Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Status Conference held on 3/14/2023. (tk) |
Filing 193 JOINT LETTER addressed to Magistrate Judge Barbara C. Moses from Javier Bleichmar and Stephen Arena dated 03/07/2023 re: Discovery Disputes. Document filed by Mark Owen, James Wandling. (Attachments: #1 Appendix A, #2 Exhibit 1 - Excerpts from Deposition Testimony of Director Ben Li, #3 Exhibit 2 - ELK012931, #4 Exhibit 3 - ELF-00094375, #5 Exhibit 4 - Part A - ELF-00192523, #6 Exhibit 4 - Part B - ELF-00192523, #7 Exhibit 4 - Part C - ELF-00192523, #8 Exhibit 4 - Part D - ELF-00192523, #9 Exhibit 5 - ELF-00273755, #10 Exhibit 6 - ELF-00191529, #11 Exhibit 7 - Director Lis Declaration, #12 Exhibit 8 - ELK004017, #13 Exhibit 9 - ELF-00011402).(Bleichmar, Javier) |
Filing 192 LETTER addressed to Magistrate Judge Barbara C. Moses from Benjamin F. Burry dated 02/08/2023 re: Status of Plaintiffs Fee Application. Document filed by Mark Owen, James Wandling..(Burry, Benjamin) |
Filing 191 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/25/2023 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) |
Filing 190 TRANSCRIPT of Proceedings re: CONFERENCE held on 1/25/2023 before Magistrate Judge Barbara C. Moses. 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 2/22/2023. Redacted Transcript Deadline set for 3/6/2023. Release of Transcript Restriction set for 5/2/2023. (js) |
Filing 189 ORDER. The status conference scheduled for March 29, 2023 is adjourned sine die. See Dkt. No. 91. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv) |
Set/Reset Deadlines: Motions due by 8/15/2023. (rro) |
Filing 188 AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All remaining fact discovery, including depositions, shall be completed no later than April 14, 2023 Depositions of experts shall be completed no later than July 14, 2023. All discovery shall be completed no later than July 14, 2023. Judge Moses will conduct a status conference on March 14, 2023, at 10:00 a.m. No later than March 7, 2023, the parties shall submit a joint status letter outlining the progress of discovery to date, as well as any settlement efforts. If no discovery controversies exist at that time, the parties may request that the conference be held telephonically. The parties' proposed joint pretrial order shall be filed no later than September 1, 2023, unless there are summary judgment motion(s), in which case the joint pretrial order shall be filed no later than 21 days after the decision on the motion(s). The proposed joint pretrial order shall conform to the individual practices of the district judge. Deposition due by 7/14/2023. Fact Discovery due by 4/14/2023. Discovery due by 7/14/2023. Status Conference set for 3/14/2023 at 10:00 AM before Magistrate Judge Barbara C. Moses. Pretrial Order due by 9/1/2023. (Signed by Magistrate Judge Barbara C. Moses on 1/27/2023) (rro) |
Set/Reset Deadlines: Fact Discovery due by 4/14/2023. (ks) |
Filing 187 JOINT LETTER addressed to Magistrate Judge Barbara C. Moses from Javier Bleichmar and Stephen Arena dated 01/26/2023 re: Proposed Schedule of Operative Deadlines Pursuant to January 26, 2023 Order. Document filed by Mark Owen, James Wandling..(Bleichmar, Javier) |
Filing 186 ORDER granting in part and denying in part #182 Motion to Seal. It is hereby ORDERED that: The deadline for the completion of all fact discovery is EXTENDED to April 14, 2023. No later than February 10, 2023, defendants shall: Re-review all documents that were withheld for privilege, as identified on defendants' privilege logs (the Logs) (Dkts. 143-1, 143-2); as further set forth in this Order. The deadline for the completion of all fact discovery is EXTENDED to April 14, 2023. The parties shall promptly file a joint proposed scheduling order including revised dates for the remaining pretrial deadlines in this action. Request to Seal. Plaintiffs filed Exhibit 22 to their joint letter, dated January 18, 2023, under seal (Dkt. 183), placing a redacted version on the public docket (Dkt. 184-23), and requesting (on behalf of defendants, who designated the documents or information "confidential" when produced) that the unredacted version remain sealed. (Dkt. 182.) Defendants followed up within the prescribed period to explain that the redacted information comprised personally identifiable information (email addresses) of non-parties. (Dkt. 185.) The Court agrees that the redactions, which do not bear on the Court's determination of the parties' discovery disputes, are "essential to preserve higher values and [are] narrowly tailored to preserve that interest," Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 120 (2d Cir. 2006) (quoting In re New York Times Co., 828 F.2d 110, 116 (2d Cir. 1987)). Consequently, the unredacted version of Exhibit 22 will remain under seal. As further set forth in this Order. All relief not expressly granted herein is DENIED. The Clerk of Court is respectfullydirected to close the letter-motion at Dkt. 182. SO ORDERED.. (Signed by Magistrate Judge Barbara C. Moses on 1/26/2023) (ks) |
Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Discovery Hearing held on 1/25/2023. (tk) |
Filing 185 LETTER MOTION to Seal Redact Exhibit addressed to Magistrate Judge Barbara C. Moses from Stephen Arena dated 01/20/2023. Document filed by Rong Chen, Elastos Foundation, Feng Han..(Arena, Stephen) |
Filing 184 JOINT LETTER addressed to Magistrate Judge Barbara C. Moses from Javier Bleichmar and Stephen Arena dated 01/18/2023 re: Missing Files and Privilege Log Disputes. Document filed by Mark Owen, James Wandling. (Attachments: #1 Exhibit 1 - ELF-00267822 - Zoom Example, #2 Exhibit 2 - ELF-00267822 - Zoom Link Missing, #3 Exhibit 3 - ELF-00175435, #4 Exhibit 4 - ELF-00395089, #5 Exhibit 5 - ELF-00106659, #6 Exhibit 6 - ELF-00007416, #7 Exhibit 7 - ELF-00008664, #8 Exhibit 8 - ELF-00008384 - Dropbox Example, #9 Exhibit 9 - ELF-00008384 - Dropbox File Deleted, #10 Exhibit 10 - ELF-00000191 - Google Document Example, #11 Exhibit 11 - ELF-00000191 - Proposal - Google File Deleted, #12 Exhibit 12 - ELF-00000191 - Budget - Google File Deleted, #13 Exhibit 13 - ELF-00924151 - WeChat Example, #14 Exhibit 14 - STRADLING0000311, #15 Exhibit 15 - STRADLING0000046, #16 Exhibit 16 - STRADLING0000395, #17 Exhibit 17 - SH00000028, #18 Exhibit 18 - Excerpts from Stephen Hyduchak Deposition, #19 Exhibit 19 - Hello Otto LLC Articles of Organization, #20 Exhibit 20 - Bittrex_19CV5462_0000224 - Part 1, #21 Exhibit 20 - Bittrex_19CV5462_0000224 - Part 2, #22 Exhibit 21 - ELF-00928039, #23 Exhibit 22 - Excerpts from Stradling Privilege Log REDACTED).(Bleichmar, Javier) |
Filing 183 ***SELECTED PARTIES***REDACTION to #182 LETTER MOTION to Seal or Redact Exhibit to Joint Motion addressed to Magistrate Judge Barbara C. Moses from Javier Bleichmar dated 01/18/2023. Redacted Exhibit 22 to Joint Letter by Mark Owen, James Wandling, Rong Chen, Elastos Foundation, Feng HanMotion or Order to File Under Seal: #182 .(Bleichmar, Javier) |
Filing 182 LETTER MOTION to Seal or Redact Exhibit to Joint Motion addressed to Magistrate Judge Barbara C. Moses from Javier Bleichmar dated 01/18/2023. Document filed by Mark Owen, James Wandling..(Bleichmar, Javier) |
Filing 181 OPINION AND ORDER: For the foregoing reasons, it is hereby ORDERED that plaintiffs' motion to compel production of documents (Dkt. 112) is GRANTED. No later than 30 days from today's date, defendants shall produce all non-privileged documents within their possession, custody, or control that are responsive to plaintiffs' document requests but were not produced due to the Personal Information Protection Law of the People's Republic of China. It is further ORDERED that plaintiffs' sealing motions (Dkts. 116, 135) are GRANTED. (Signed by Magistrate Judge Barbara C. Moses on 1/11/2023) (rro) (rro). |
Filing 180 ORDER: By Order dated December 23, 2022, this Court scheduled a discovery conference for January 25, 2023. That conference will commence at 12:00 p.m. in Courtroom 20A of the Daniel Patrick Moynihan United States Courthouse. ( Discovery Hearing set for 1/25/2023 at 12:00 PM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 1/4/2023) (rro) |
Filing 179 ORDER The Court will hold a discovery conference on January 25, 2023, in Courtroom 20A of the Daniel Patrick Moynihan United States Courthouse, concerning the issues raised in the parties' joint letter dated September 12, 2022 (Dkt. 143). Defendants having withdrawn their request to seal Exhibit 16 to the Declaration of Javier Bleichmar (ECF No. 170-16), the Court has unsealed that document. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 12/23/2022) (jca) |
Filing 178 REPLY MEMORANDUM OF LAW in Support re: #154 MOTION to Certify Class Motion to Deny Class Certification. . Document filed by Rong Chen, Elastos Foundation, Feng Han..(Arena, Stephen) |
Filing 177 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/19/2022 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) |
Filing 176 TRANSCRIPT of Proceedings re: CONFERENCE held on 9/19/2022 before Judge Gregory H. Woods. Court Reporter/Transcriber: Samuel Mauro, (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 12/13/2022. Redacted Transcript Deadline set for 12/23/2022. Release of Transcript Restriction set for 2/20/2023..(McGuirk, Kelly) |
Filing 175 LETTER addressed to Magistrate Judge Barbara C. Moses from Stephen Arena dated 11/21/2022 re: Withdrawal of Request to Seal. Document filed by Rong Chen, Elastos Foundation, Feng Han..(Arena, Stephen) |
Filing 174 ORDER granting #167 Letter Motion to Seal; granting #172 Letter Motion to Seal. Defendants' application is GRANTED to the extent that the documents now filed under seal at Dkts. 171-4, 171-5, 171-7, 171-8, 171-9 171-10, 171-12, 171-13, 171-14, 171-15, and 171-18, may remain under seal. The request to seal the document at Dkt. 171-16 requires further briefing. Defendants are directed file a supplemental letter-brief, no later than November 21, 2022, in compliance with Moses.Ind. Prac. 3(e) and Lugosch v. Pyramid Co. of Onondaga, which requires the party seeking the sealing order to demonstrate that, notwithstanding the presumption of public access to judicial documents, "closure is essential to preserve higher values and is narrowly tailored to serve that interest." 435 F.3d 110, at 120 (2d Cir. 2006) (quoting In re NY Times Co., 828 F.2d 110, 116 (2d Cir. 1987)). "The party seeking the sealing of judicial documents bears the burden of showing that higher values overcome the presumption of public access." Alexandria Real Estate Equities, Inc. v. Fair, 2011 WL 6015646, at *2 (S.D.N.Y. Nov. 30, 2011) (citing DiRussa v. Dean Witter Reynolds Inc., 121 F.3d 818, 826 (2d Cir. 1997)). Neither "conclusory asse1tion[s]" of hmm, nor "[b]road and general findings by the trial court" will suffice. In re NY Times Co., 828 F.2d at 116. Thus, defendants' conclusory asse1tion that Dkt. 171-16 is "confidential and privileged" is wholly inadequate. If defendants fail to file their supplemental letter-brief by November 21, 2022, Dkt. 171-16 will be unsealed. The Clerk of Court is respectfully directed to close the motions at Docket Nos. 167 and 172. SO ORDERED.. (Signed by Magistrate Judge Barbara C. Moses on 11/14/2022) (kv) Modified on 11/15/2022 (kv). |
Filing 173 LETTER addressed to Magistrate Judge Barbara C. Moses from Javier Bleichmar dated 11/14/2022 re: Response to Defendants November 11, 2022, Letter. Document filed by Mark Owen, James Wandling. (Attachments: #1 Exhibit 1 - Email from C. Barker to G. Bauer, dated November 7, 2022).(Bleichmar, Javier) |
Filing 172 LETTER MOTION to Seal and Redact Exhibits addressed to Magistrate Judge Barbara C. Moses from Stephen Arena dated 11/11/2022. Document filed by Rong Chen, Elastos Foundation, Feng Han..(Arena, Stephen) |
Filing 171 ***SELECTED PARTIES***DECLARATION of Javier Bleichmar in Opposition re: #154 MOTION to Certify Class Motion to Deny Class Certification., #167 LETTER MOTION to Seal and Redact Exhibits to Opposition addressed to Magistrate Judge Barbara C. Moses from Javier Bleichmar dated 11/9/2022.. Document filed by Mark Owen, James Wandling, Rong Chen, Elastos Foundation, Feng Han. (Attachments: #1 Exhibit 1 - Expert Declaration of Dr. Matthew J. Edman, #2 Exhibit 2 - Expert Report of Laura Wen-Yu Young, #3 Exhibit 3 - Public Notice of the PBC, CAC, MIIT, SAIC, CBRC, CSRC, and CIRC on Preventing Risks of Fundraising through Coin Offering, #4 Exhibit 4 - ELF-00466351 - Highlighted, #5 Exhibit 5 - ELF-00416605 - Highlighted, #6 Exhibit 6 - ELF-00163755, #7 Exhibit 7 - Bittrex_19CV5462_0000052 - Highlighted, #8 Exhibit 8 - ELF-00048132 - Highlighted, #9 Exhibit 9 - ELF-00047806 - Highlighted, #10 Exhibit 10 - ELF-00052971 - Highlighted, #11 Exhibit 11 - Cyber Republic Blog Post Entitled "Weekly Report February 25, 2019", #12 Exhibit 12 - ELF-00403821 - Highlighted, #13 Exhibit 13 - ELF-00206439 - Highlighted, #14 Exhibit 14 - ELF-00232229 - Highlighted, #15 Exhibit 15 - ELF-00590586 - Highlighted, #16 Exhibit 16 - Bittrex_19CV5462_0000390 and Bittrex_19CV5462_0000394 - Under Seal, #17 Exhibit 17 - ELF-00107993, #18 Exhibit 18 - ELF-00120627 - Highlighted, #19 Exhibit 19 - Transcript of the September 19, 2022 Hearing)Motion or Order to File Under Seal: #167 .(Bleichmar, Javier) |
Filing 170 DECLARATION of Javier Bleichmar in Opposition re: #154 MOTION to Certify Class Motion to Deny Class Certification., #167 LETTER MOTION to Seal and Redact Exhibits to Opposition addressed to Magistrate Judge Barbara C. Moses from Javier Bleichmar dated 11/9/2022.. Document filed by Mark Owen, James Wandling. (Attachments: #1 Exhibit 1 - Expert Declaration of Dr. Matthew J. Edman, #2 Exhibit 2 - Expert Report of Laura Wen-Yu Young, #3 Exhibit 3 - Public Notice of the PBC, CAC, MIIT, SAIC, CBRC, CSRC, and CIRC on Preventing Risks of Fundraising through Coin Offering, #4 Exhibit 4 - ELF-00466351 - Redacted, #5 Exhibit 5 - ELF-00416605 - Redacted, #6 Exhibit 6 - ELF-00163755, #7 Exhibit 7 - Bittrex_19CV5462_0000052 - Redacted, #8 Exhibit 8 - ELF-00048132 - Redacted, #9 Exhibit 9 - ELF-00047806 - Redacted, #10 Exhibit 10 - ELF-00052971 - Redacted, #11 Exhibit 11 - Cyber Republic Blog Post Entitled "Weekly Report February 25, 2019", #12 Exhibit 12 - ELF-00403821 - Redacted, #13 Exhibit 13 - ELF-00206439 - Redacted, #14 Exhibit 14 - ELF-00232229 - Redacted, #15 Exhibit 15 - ELF-00590586 - Redacted, #16 Exhibit 16 - Bittrex_19CV5462_0000390 and Bittrex_19CV5462_0000394 - Under Seal, #17 Exhibit 17 - ELF-00107993, #18 Exhibit 18 - ELF-00120627 - Redacted, #19 Exhibit 19 - Transcript of the September 19, 2022 Hearing).(Bleichmar, Javier) |
Filing 169 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #154 MOTION to Certify Class Motion to Deny Class Certification., #167 LETTER MOTION to Seal and Redact Exhibits to Opposition addressed to Magistrate Judge Barbara C. Moses from Javier Bleichmar dated 11/9/2022. . Document filed by Mark Owen, James Wandling, Rong Chen, Elastos Foundation, Feng Han. Motion or Order to File Under Seal: #167 .(Bleichmar, Javier) |
Filing 168 MEMORANDUM OF LAW in Opposition re: #167 LETTER MOTION to Seal and Redact Exhibits to Opposition addressed to Magistrate Judge Barbara C. Moses from Javier Bleichmar dated 11/9/2022., #154 MOTION to Certify Class Motion to Deny Class Certification. . Document filed by Mark Owen, James Wandling..(Bleichmar, Javier) |
Filing 167 LETTER MOTION to Seal and Redact Exhibits to Opposition addressed to Magistrate Judge Barbara C. Moses from Javier Bleichmar dated 11/9/2022. Document filed by Mark Owen, James Wandling..(Bleichmar, Javier) |
Filing 166 ORDER granting #156 Letter Motion to Seal. Application GRANTED. The documents filed under seal at Dkt. 158 may remain under seal. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 10/24/2022) (mml) Modified on 10/24/2022 (mml). |
Filing 165 AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Particular Motion: Motion to Deny Class Certification. Referred to Magistrate Judge Barbara C. Moses. SO ORDERED. Motions referred to Barbara C. Moses. (Signed by Judge Gregory H. Woods on 10/21/2022) (ama) |
Filing 164 LETTER addressed to United States District Court from Cathy Szeto dated 10/6/2022 re: Vino Global Limited is not a company registered in Hong Kong. (rro) |
Filing 163 LETTER addressed to Judge Gregory H. Woods from George N. Bauer dated 10/14/2022 re: Letter Regarding Redacted Documents. Document filed by Mark Owen, James Wandling..(Bauer, George) |
Filing 162 STIPULATION AND NOTICE OF SUBSTITUTION OF COUNSEL: Pursuant to Rule 1.4 of the Local Rules of the United States District Courts for the Southern and Eastern Districts of New York, the undersigned hereby stipulate and consent to the substitution of the law firm Trachtenberg & Arena, LLP, by and through its attorneys David G. Trachtenberg and Stephen J. Arena, as attorneys of record for Defendants Elastos Foundation, Rong Chen, and Feng Han in the above-captioned action in place and instead of the law firm of Paul Hastings LLP, and its attorneys Kenneth Herzinger, Zachary Zwillinger, Carl Hudson, and Erin Zatlin. Defendants desire to change counsel to reduce costs. The undersigned request this Court to so-order the substitution. Please take notice that all filings in this matter should be served upon the undersigned incoming counsel at the addresses set forth below: David G. Trachtenberg, dtrachtenberg@talaw.law, Stephen J. Arena, sarena@talaw.law, Trachtenberg & Arena, LLP, 420 Lexington Avenue, Suite 2818New York, New York 10170, Telephone: (212) 972-1375. Fax: (212) 972-1376. Application GRANTED. The Clerk of Court is respectfully directed to terminate the Paul Hastings attorneys from the docket of this action and to substitute in the Trachtenberg attorneys as counsel of record for defendants. SO ORDERED. Attorney Erin Zatlin; Zachary Zwillinger; Kenneth Patrick Herzinger and Carl Patrick Hudson terminated., Motions terminated: #159 LETTER MOTION to Substitute Attorney. Old Attorney: Kenneth Herzinger, Zachary Zwillinger, Carl Hudson, and Erin Zatlin, New Attorney: David G. Trachtenberg and Stephen J. Arena addressed to Magistrate Judge Barbara C. Moses from Kenneth P. filed by Feng Han, Rong Chen, Elastos Foundation. (Signed by Magistrate Judge Barbara C. Moses on 10/13/2022) (rro) |
Filing 161 DECLARATION of Kenneth P. Herzinger in Support re: #159 LETTER MOTION to Substitute Attorney. Old Attorney: Kenneth Herzinger, Zachary Zwillinger, Carl Hudson, and Erin Zatlin, New Attorney: David G. Trachtenberg and Stephen J. Arena addressed to Magistrate Judge Barbara C. Moses from Kenneth P.. Document filed by Rong Chen, Elastos Foundation, Feng Han..(Herzinger, Kenneth) |
Filing 160 PROPOSED STIPULATION AND ORDER. Document filed by Rong Chen, Elastos Foundation, Feng Han..(Herzinger, Kenneth) |
Filing 159 LETTER MOTION to Substitute Attorney. Old Attorney: Kenneth Herzinger, Zachary Zwillinger, Carl Hudson, and Erin Zatlin, New Attorney: David G. Trachtenberg and Stephen J. Arena addressed to Magistrate Judge Barbara C. Moses from Kenneth P. Herzinger dated October 12, 2022. Document filed by Rong Chen, Elastos Foundation, Feng Han..(Herzinger, Kenneth) |
Filing 158 ***SELECTED PARTIES***DECLARATION of Carl P. Hudson in Support re: #154 MOTION to Certify Class Motion to Deny Class Certification., #156 LETTER MOTION to Seal and Redact Exhibits addressed to Judge Gregory H. Woods from Carl P. Hudson dated October 11, 2022.. Document filed by Feng Han, Elastos Foundation, Rong Chen. (Attachments: #1 Exhibit 1 - PLF00001666_Highlighted, #2 Exhibit 2 - PLF00001692_Highlighted, #3 Exhibit 3a - ELF-00920240_Highlighted, #4 Exhibit 3b - ELF-00920240_Highlighted, #5 Exhibit 3c - ELF-00920240_Highlighted, #6 Exhibit 4 - ELF-00920239_Highlighted, #7 Exhibit 5 - PLF00001699_Highlighted, #8 Exhibit 6 - PLF00001707_Highlighted, #9 Exhibit 7 - ELF-00113341, #10 Exhibit 8 - PLF00001721_Highlighted, #11 Exhibit 9 - ELF-00920242_Highlighted, #12 Exhibit 10 - ELF-00920242 Translated_Highlighted, #13 Exhibit 11 - ELF-00920241_Highlighted, #14 Exhibit 12 - ELF-00065988_Highlighted, #15 Exhibit 13 - Elastos Post, #16 Exhibit 14 - Bittrex Global Terms of Service, #17 Exhibit 15 - PLF00002886, #18 Exhibit 16 - Huobi Global User Agreement)Motion or Order to File Under Seal: #156 .(Hudson, Carl) |
Filing 157 DECLARATION of Carl P. Hudson in Support re: #154 MOTION to Certify Class Motion to Deny Class Certification., #156 LETTER MOTION to Seal and Redact Exhibits addressed to Judge Gregory H. Woods from Carl P. Hudson dated October 11, 2022.. Document filed by Rong Chen, Elastos Foundation, Feng Han. (Attachments: #1 Exhibit 1 - PLF00001666_Redacted, #2 Exhibit 2 - PLF00001692_Redacted, #3 Exhibit 3 - ELF-00920240_Redacted, #4 Exhibit 4 - ELF-00920239_Redacted, #5 Exhibit 5 - PLF00001699_Redacted, #6 Exhibit 6 - PLF00001707_Redacted, #7 Exhibit 7 - ELF-00113341, #8 Exhibit 8 - PLF00001721_Redacted, #9 Exhibit 9 - ELF-00920242_Redacted, #10 Exhibit 10 - ELF-00920242 Translated_Redacted, #11 Exhibit 11 - ELF-00920241_Redacted, #12 Exhibit 12 - ELF-00065988_Redacted, #13 Exhibit 13 - Elastos Post, #14 Exhibit 14 - Bittrex Global Terms of Service, #15 Exhibit 15- PLF00002886, #16 Exhibit 16 - Huobi Global User Agreement).(Hudson, Carl) |
Filing 156 LETTER MOTION to Seal and Redact Exhibits addressed to Judge Gregory H. Woods from Carl P. Hudson dated October 11, 2022. Document filed by Rong Chen, Elastos Foundation, Feng Han..(Hudson, Carl) |
Filing 155 MEMORANDUM OF LAW in Support re: #154 MOTION to Certify Class Motion to Deny Class Certification. . Document filed by Rong Chen, Elastos Foundation, Feng Han..(Herzinger, Kenneth) |
Filing 154 MOTION to Certify Class Motion to Deny Class Certification. Document filed by Rong Chen, Elastos Foundation, Feng Han..(Herzinger, Kenneth) |
Filing 153 ORDER granting #151 Letter Motion to Stay re: #151 LETTER MOTION to Stay Discovery addressed to Magistrate Judge Barbara C. Moses from Stephen Arena dated 10/05/2022. In light of: (i) the change in counsel for defendants; (ii) the recent reference of this case to the undersigned Magistrate Judge; and (iii) the fact that the discovery schedule has not previously been extended, defendants' application is GRANTED to the extent that: - The close of fact discovery is EXTENDED to February 13, 2023; - Initial expert disclosures are due March 17, 2023; - Rebuttal expert disclosures are due April 17, 2023; -All expert discovery shall be completed by May 15, 2023; - Motions for summary judgment, if any, shall be filed no later than June 14, 2023; and - The joint pretrial order is due June 14, 2023, or, if any summary judgment motion is filed, 21 days after the Court's decision on such motion. SO ORDERED.. (Signed by Magistrate Judge Barbara C. Moses on 10/11/2022) (kv) |
Set/Reset Deadlines: Expert Discovery due by 5/15/2023. Fact Discovery due by 2/13/2023. Motions due by 6/14/2023. Pretrial Order due by 6/14/2023. (kv) |
Filing 152 LETTER addressed to Magistrate Judge Barbara C. Moses from Javier Bleichmar dated 10/10/2022 re: Defendants' Request for Stay of Discovery. Document filed by Mark Owen, James Wandling..(Bleichmar, Javier) |
Filing 151 LETTER MOTION to Stay Discovery addressed to Magistrate Judge Barbara C. Moses from Stephen Arena dated 10/05/2022. Document filed by Rong Chen, Elastos Foundation, Feng Han..(Arena, Stephen) |
Filing 150 NOTICE OF APPEARANCE by David Gregg Trachtenberg on behalf of Rong Chen, Elastos Foundation, Feng Han..(Trachtenberg, David) |
Filing 149 NOTICE OF APPEARANCE by Stephen Joseph Arena on behalf of Rong Chen, Elastos Foundation, Feng Han..(Arena, Stephen) |
Filing 148 LETTER addressed to Magistrate Judge Barbara C. Moses from Javier Bleichmar dated 9/30/2022 re: Pending Discovery Motions. Document filed by Mark Owen, James Wandling..(Bleichmar, Javier) |
Filing 147 ORDER REGARDING GENERAL PRETRIAL MANAGEMENT: The above-referenced action has been referred to Magistrate Judge Barbara Moses for general pretrial management, including scheduling, discovery, non-dispositive pretrial motions, and settlement, pursuant to 28 U.S.C. 636(b)(1)(A). All pretrial motions and applications, including those related to scheduling and discovery (but excluding motions to dismiss or for judgment on the pleadings, for injunctive relief, for summary judgment, or for class certification under Fed. R. Civ. P. 23), must be made to Judge Moses and in compliance with this Court's Individual Practices in Civil Cases, available on the Court's website at https://nysd.uscourts.gov/hon-barbara-moses. Parties and counsel are cautioned: Discovery applications, including letter-motions requesting discovery conferences, must be made promptly after the need for such an application arises and must comply with Local Civil Rule 37.2 and 2(b) of Judge Moses's Individual Practices. It is the Court's practice to decide discovery disputes at the Rule 37.2 conference, based on the parties' letters, unless a party requests or the Court requires more formal briefing. Absent extraordinary circumstances, discovery applications made later than 30 days prior to the close of discovery may be denied as untimely. Court conferences and hearings may be conducted by teleconference, videoconference, or in person. Teleconferences are held on the Courts AT&T line. If a teleconference is scheduled, the parties are directed to call (888) 557-8511 and enter the access code 7746387 a few minutes before the scheduled time and further set forth in this Order. (Signed by Magistrate Judge Barbara C. Moses on 9/26/2022) (rro) |
Filing 146 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Barbara C. Moses. (Signed by Judge Gregory H. Woods on 9/22/2022) (rro) |
Filing 145 ORDER. Defendants' September 9, 2022 request to file a motion to deny class certification, Dkt. No. 141, is granted. The deadline for Defendants to file a motion to deny class certification is October 11, 2022. Plaintiffs' opposition is due within twenty-eight days after service of Defendants' motion. Defendants' reply, if any, is due within fourteen days after service of Plaintiffs' opposition. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv) |
Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 9/19/2022. (Court Reporter present) (wv) |
Filing 144 LETTER RESPONSE in Opposition to Motion addressed to Judge Gregory H. Woods from Javier Bleichmar dated 9/14/2022 re: #141 LETTER MOTION for Conference addressed to Judge Gregory H. Woods from Kenneth P. Herzinger dated September 9, 2022. . Document filed by Mark Owen, James Wandling..(Bleichmar, Javier) |
Filing 143 JOINT LETTER addressed to Judge Gregory H. Woods from Javier Bleichmar and Kenneth Herzinger dated 9/12/2022 re: Discovery Disputes As To Defendants Deleted Files and Privilege Logs. Document filed by Mark Owen, James Wandling. (Attachments: #1 Exhibit 1 - Defendants Privilege Log No. 1, #2 Exhibit 2 - Defendants Privilege Log No. 2, #3 Exhibit 3 - Plaintiffs Letter to Defendants re: Missing, Unpreserved, and Deleted Files, #4 Exhibit 4 - Plaintiffs Letter to Defendants re: Privilege Log deficiencies, #5 Exhibit 5 - Defendants Letter to Plaintiffs, #6 Exhibit 6 - Meet and Confer correspondence between the Parties).(Bleichmar, Javier) |
Filing 142 ORDER granting #141 Letter Motion for Conference re: #141 LETTER MOTION for Conference addressed to Judge Gregory H. Woods from Kenneth P. Herzinger dated September 9, 2022. Application granted. The Court will hold a pre-motion conference to discuss Defendants' proposed motion to deny class certification on September 19, 2022 at 3:00 p.m. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Emergency Rules. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 141. Pre-Motion Conference set for 9/19/2022 at 03:00 PM before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 9/11/2022) (rro) |
Filing 141 LETTER MOTION for Conference addressed to Judge Gregory H. Woods from Kenneth P. Herzinger dated September 9, 2022. Document filed by Rong Chen, Elastos Foundation, Feng Han..(Herzinger, Kenneth) |
LETTERS ROGATORY ISSUED on 7/29/2022 and picked up by Bleichmar Fonti & Auld LLP, and to be served United Kingdom and of the People's Republic of China. (tp) |
Filing 140 LETTER addressed to Judge Gregory H. Woods from Zachary Zwillinger dated 07-28-2022 re: Letter Regarding Redacted Documents. Document filed by Rong Chen, Elastos Foundation, Feng Han. (Attachments: #1 Exhibit 1 - ELF-00000093, #2 Exhibit 2 - ELF-00001806, #3 Exhibit 3 - ELF-00001814, #4 Exhibit 4 - ELF-00003577, #5 Exhibit 5 - ELF-00013504).(Zwillinger, Zachary) |
Filing 139 DECLARATION of Laura Wen-yu Young in Support re: #112 MOTION to Compel Defendants to Produce Documents.. Document filed by Mark Owen, James Wandling..(Bleichmar, Javier) |
Filing 138 ***SELECTED PARTIES***DECLARATION of Benjamin F. Burry in Support re: #112 MOTION to Compel Defendants to Produce Documents., #135 LETTER MOTION to Seal and Redact Exhibits to Motion to Compel Reply addressed to Judge Gregory H. Woods from Javier Bleichmar dated 07/22/2022.. Document filed by Mark Owen, James Wandling, Rong Chen, Elastos Foundation, Feng Han. (Attachments: #1 Exhibit 01 - Custodian Chart_Highlighted, #2 Exhibit 02 - ELF-00116392, #3 Exhibit 03 - ELF-00116082, #4 Exhibit 04 - ELF-00115948, #5 Errata 05 - CHINAWISE0000029, #6 Exhibit 06 - Medium Article, #7 Exhibit 07 - ELF-00100507_Highlighted, #8 Exhibit 08 - ELF-00335967_Highlighted, #9 Exhibit 09 - ELF-00385434-35_Highlighted, #10 Exhibit 10 - ELF-00295595_Highlighted, #11 Exhibit 11 - ELF-00008914_Highlighted, #12 Exhibit 12 - ELF-00009062_Highlighted, #13 Exhibit 13 - ELF-00009063_Highlighted, #14 Exhibit 14 - ELF-00324681_Highlighted, #15 Exhibit 15 - ELF-00273755-3756 _Highlighted, #16 Exhibit 16 - ELF-00191529_Highlighted, #17 Exhibit 17 - ELF-00168375_Highlighted, #18 Exhibit 18 - ELF-00199832-Highlighted, #19 Exhibit 19 - ELF-00111702, #20 Exhibit 20 - ELF-00449032, #21 Exhibit 21 - ELF-00198532_Highlighted, #22 Exhibit 22 - ELF-00000003_Highlighted, #23 Exhibit 23 - ELF-00013504 - Under Seal, #24 Exhibit 24 - ELF-00001806 - Under Seal, #25 Exhibit 25 - ELF-00001814 - Under Seal, #26 Exhibit 26 - ELF-00003577 - Under Seal, #27 Exhibit 27 - ELF-00001076_Highlighted, #28 Exhibit 28 - ELF-00109041_Highlighted, #29 Exhibit 29 - ELF-00005539_Highlighted, #30 Exhibit 30 - ELF-00097298_Highlighted, #31 Exhibit 31 - ELF-00090903_Highlighted, #32 Exhibit 32 - ELF-00069188_Highlighted, #33 Exhibit 33 - ELF-00066702_Highlighted, #34 Exhibit 34 - ELF-00116768, #35 Exhibit 35 - ELF-00881583, #36 Exhibit 36 - Shunan_Yu Twitter, #37 Exhibit 37 - ELF-00131300_Highlighted, #38 Exhibit 38 - ELF-00170596_Highlighted, #39 Exhibit 39 - ELF-00338525_Highlighted, #40 Exhibit 40 - ELF-00000093 - Under Seal, #41 Exhibit 41 - ELF-00013743_Highlighted)Motion or Order to File Under Seal: #135 .(Bleichmar, Javier) |
Filing 137 DECLARATION of Benjamin F. Burry in Support re: #112 MOTION to Compel Defendants to Produce Documents., #135 LETTER MOTION to Seal and Redact Exhibits to Motion to Compel Reply addressed to Judge Gregory H. Woods from Javier Bleichmar dated 07/22/2022.. Document filed by Mark Owen, James Wandling. (Attachments: #1 Exhibit 01 - Custodian Chart_Redacted, #2 Exhibit 02 - ELF-00116392, #3 Exhibit 03 - ELF-00116082, #4 Exhibit 04 - ELF-00115948, #5 Exhibit 05 - CHINAWISE0000029, #6 Exhibit 06 - Medium Article, #7 Exhibit 07 - ELF-00100507_Redacted, #8 Exhibit 08 - ELF-00335967_Redacted, #9 Exhibit 09 - ELF-00385434-35_Redacted, #10 Exhibit 10 - ELF-00295595_Redacted, #11 Exhibit 11 - ELF-00008914_Redacted, #12 Exhibit 12 - ELF-00009062_Redacted, #13 Exhibit 13 - ELF-00009063_Redacted, #14 Exhibit 14 - ELF-00324681_Redacted, #15 Exhibit 15 - ELF-00273755-3756 Redacted, #16 Exhibit 16 - ELF-00191529_Redacted, #17 Exhibit 17 - ELF-00168375_Redacted, #18 Exhibit 18 - ELF-00199832-Redacted, #19 Exhibit 19 - ELF-00111702, #20 Exhibit 20 - ELF-00449032, #21 Exhibit 21 - ELF-00198532_Redacted, #22 Exhibit 22 - ELF-00000003_Redacted, #23 Exhibit 23 - ELF-00013504 - Under Seal, #24 Exhibit 24 - ELF-00001806 - Under Seal, #25 Exhibit 25 - ELF-00001814 - Under Seal, #26 Exhibit 26 - ELF-00003577 - Under Seal, #27 Exhibit 27 - ELF-00001076_Redacted, #28 Exhibit 28 - ELF-00109041_Redacted, #29 Exhibit 29 - ELF-00005539_Redacted, #30 Exhibit 30 - ELF-00097298_Redacted, #31 Exhibit 31 - ELF-00090903_Redacted, #32 Exhibit 32 - ELF-00069188-Redacted, #33 Exhibit 33 - ELF-00066702 Redacted, #34 Exhibit 34 - ELF-00116768, #35 Exhibit 35 - ELF-00881583, #36 Exhibit 36 - Shunan_Yu Twitter, #37 Exhibit 37 - ELF-00131300_Redacted, #38 Exhibit 38 - ELF-00170596_Redacted, #39 Exhibit 39 - ELF-00338525_Redacted, #40 Exhibit 40 - ELF-00000093 - Under Seal, #41 Exhibit 41 - ELF-00013743_Redacted).(Bleichmar, Javier) |
Filing 136 REPLY MEMORANDUM OF LAW in Support re: #112 MOTION to Compel Defendants to Produce Documents. . Document filed by Mark Owen, James Wandling..(Bleichmar, Javier) |
Filing 135 LETTER MOTION to Seal and Redact Exhibits to Motion to Compel Reply addressed to Judge Gregory H. Woods from Javier Bleichmar dated 07/22/2022. Document filed by Mark Owen, James Wandling..(Bleichmar, Javier) |
Filing 134 LETTER addressed to Judge Gregory H. Woods from George N. Bauer dated 07/19/2022 re: Letter of Request addressed to Huobi Global Limited. Document filed by Mark Owen, James Wandling. (Attachments: #1 Exhibit A - Letter of Request addressed to Huobi Global Limited).(Bauer, George) |
Filing 133 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 6/28/2022 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) |
Filing 132 TRANSCRIPT of Proceedings re: CONFERENCE held on 6/28/2022 before Judge Gregory H. Woods. 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 8/5/2022. Redacted Transcript Deadline set for 8/15/2022. Release of Transcript Restriction set for 10/13/2022..(McGuirk, Kelly) |
LETTERS ROGATORY ISSUED on 7/15/2022 and picked up by Bleichmar Fonti & Auld LLP, and to be served in India. (tp) |
LETTERS ROGATORY ISSUED on 7/15/2022 and picked up by Bleichmar Fonti & Auld LLP, and to be served in the Republic of Korea. (tp) |
LETTERS ROGATORY ISSUED on 7/15/2022 and picked up by Bleichmar Fonti & Auld LLP, and to be served in the Republic of Singapore. (tp) |
LETTERS ROGATORY ISSUED on 7/15/2022 and picked up by Bleichmar Fonti & Auld LLP, and to be served in United Kingdom. (tp) |
LETTERS ROGATORY ISSUED on 7/15/2022 and picked up by Bleichmar Fonti & Auld LLP, and to be served in United Kingdom and of the People's Republic of China. (tp) |
LETTERS ROGATORY ISSUED on 7/15/2022 and picked up by Bleichmar Fonti & Auld LLP, and to be served in Seychellers. (tp) |
Filing 131 ORDER. The Court has reviewed Plaintiffs' motion for the issuance of letters of request, Dkt. No. 127, and is prepared to grant the motion and sign the letters of request attached as exhibits to Dkt. No. 127, provided that Plaintiffs make the following changes. Plaintiffs are directed to revise the signature page of the letters to avoid orphan signature pages, i.e., signature pages that are not accompanied by any text above the signature line. The signature pages should also include the printed name and title of the judge beneath the signature line. Plaintiffs are directed to email to Chambers promptly the proposed letters of request, with the updated signature pages and no other changes from the versions submitted to the Court. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv) |
Filing 130 DECLARATION of Zachary S. Zwillinger in Opposition re: #112 MOTION to Compel Defendants to Produce Documents.. Document filed by Rong Chen, Elastos Foundation, Feng Han. (Attachments: #1 Exhibit 1 Document Collection Summary, #2 Exhibit 2 Consent Form Summary).(Herzinger, Kenneth) |
Filing 129 DECLARATION of Jianwei (Jerry) Fang in Opposition re: #112 MOTION to Compel Defendants to Produce Documents.. Document filed by Rong Chen, Elastos Foundation, Feng Han. (Attachments: #1 Exhibit Curriculum Vitae of Jianwei (Jerry) Fang).(Herzinger, Kenneth) |
Filing 128 MEMORANDUM OF LAW in Opposition re: #112 MOTION to Compel Defendants to Produce Documents. . Document filed by Rong Chen, Elastos Foundation, Feng Han..(Herzinger, Kenneth) |
Filing 127 DECLARATION of George N. Bauer in Support re: #125 MOTION for Issuance of Letters Rogatory in Singapore , Hong Kong, United Kingdom, Seychelles, South Korea, and India.. Document filed by Mark Owen, James Wandling. (Attachments: #1 Exhibit 1 Proposed Letter of Request addressed to AEX, #2 Exhibit 2 Proposed Letter of Request addressed to CoinEgg, #3 Exhibit 3 Proposed Letter of Request addressed to Huobi, #4 Exhibit 4 Proposed Letter of Request addressed to Jubi, #5 Exhibit 5 Proposed Letter of Request addressed to KuCoin, #6 Exhibit 6 Proposed Letter of Request addressed to LBank, #7 Exhibit 7 Proposed Letter of Request addressed to CoinDCX, #8 Exhibit 8 Proposed Letter of Request addressed to ProBit, #9 Exhibit 9 Proposed Letter of Request addressed to CoinEx, #10 Exhibit 10 Redline of Proposed Letter of Request addressed to AEX).(Bauer, George) |
Filing 126 MEMORANDUM OF LAW in Support re: #125 MOTION for Issuance of Letters Rogatory in Singapore , Hong Kong, United Kingdom, Seychelles, South Korea, and India. . Document filed by Mark Owen, James Wandling..(Bleichmar, Javier) |
Filing 125 MOTION for Issuance of Letters Rogatory in Singapore , Hong Kong, United Kingdom, Seychelles, South Korea, and India. Document filed by Mark Owen, James Wandling..(Bleichmar, Javier) |
Filing 124 ORDER. As stated on the record at the conference held on June 28, 2022, the Court requires additional information with respect to Plaintiffs' application for the issuance of letters of request pursuant to the Hague Convention, Dkt. No. 122. Plaintiffs are directed to file a revised application for the issuance of the letters of request, in accordance with the Court's guidance at the June 28, 2022 conference, by no later than July 12, 2022. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv) |
Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 6/28/2022. (Court Reporter present) (wv) |
Filing 123 ORDER. The parties' request for a conference to discuss Plaintiff's proposed motion for the issuance of letters of request pursuant to the Hague Convention, Dkt. No. 122, is granted. The Court will hold a status conference on June 28, 2022 at 2:00 p.m. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Emergency Rules. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv) |
Filing 122 JOINT LETTER addressed to Judge Gregory H. Woods from Javier Bleichmar and Kenneth Herzinger dated 06/23/2022 re: Issuance of Letters of Request Pursuant to the Hague Convention. Document filed by Mark Owen, James Wandling. (Attachments: #1 Exhibit 1 - Letter of Request - AEX Global, #2 Exhibit 2 - Letter of Request - CoinEgg, #3 Exhibit 3 - Letter of Request - Huobi Global Limited, #4 Exhibit 4 - Letter of Request - Jubi, #5 Exhibit 5 - Letter of Request - KuCoin, #6 Exhibit 6 - Letter of Request - LBK Blockchain Co., Limited, #7 Exhibit 7 - Letter of Request - CoinDCX, #8 Exhibit 8 - Letter of Request - ProBit Global Services Limited, #9 Exhibit 9 - Letter of Request - CoinEx).(Bleichmar, Javier) |
Filing 121 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/26/2022 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) |
Filing 120 TRANSCRIPT of Proceedings re: CONFERNECE held on 5/26/2022 before Judge Gregory H. Woods. Court Reporter/Transcriber: Paula Horovitz, (212) 805-0348. 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 7/8/2022. Redacted Transcript Deadline set for 7/18/2022. Release of Transcript Restriction set for 9/15/2022..(McGuirk, Kelly) |
Filing 119 LETTER addressed to Judge Gregory H. Woods from Zachary Zwillinger dated June 14, 2022 re: Request for Approval to File Exhibit 8 with Redactions. Document filed by Rong Chen, Elastos Foundation, Feng Han..(Zwillinger, Zachary) |
Filing 118 REDACTION to #116 LETTER MOTION to Seal Redact Exhibit 8 to the June 13, 2022 Declaration of Javier Bleichmar addressed to Judge Gregory H. Woods from Javier Bleichmar dated 06/13/2022. Redacted Exhibit 8 to ECF No.114 by Mark Owen, James Wandling.(Bleichmar, Javier) |
Filing 117 ***SELECTED PARTIES***REDACTION to #116 LETTER MOTION to Seal Redact Exhibit 8 to the June 13, 2022 Declaration of Javier Bleichmar addressed to Judge Gregory H. Woods from Javier Bleichmar dated 06/13/2022. Exhibit 8 to ECF No. 114 by Mark Owen, James Wandling, Rong Chen, Elastos Foundation, Feng HanMotion or Order to File Under Seal: #116 .(Bleichmar, Javier) |
Filing 116 LETTER MOTION to Seal Redact Exhibit 8 to the June 13, 2022 Declaration of Javier Bleichmar addressed to Judge Gregory H. Woods from Javier Bleichmar dated 06/13/2022. Document filed by Mark Owen, James Wandling..(Bleichmar, Javier) |
Filing 115 DECLARATION of Laura Wenyu Young in Support re: #112 MOTION to Compel Defendants to Produce Documents.. Document filed by Mark Owen, James Wandling. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(Bleichmar, Javier) |
Filing 114 DECLARATION of Javier Bleichmar in Support re: #112 MOTION to Compel Defendants to Produce Documents.. Document filed by Mark Owen, James Wandling. (Attachments: #1 Exhibit 1 - Plaintiffs First Requests for Documents, dated January 26, 2022, #2 Exhibit 2 - Defendants Initial Disclosure Statement Pursuant to Federal Rule of Civil Procedure 26(a)(1), dated February 1, 2022, #3 Exhibit 3 - Defendants Joint Set of Objections and Responses to Plaintiffs First Requests for Documents, dated February 25, 2022, #4 Exhibit 4 - Letter from Defendants counsel to Plaintiffs counsel regarding Defendants responses to Plaintiffs document requests, dated April 13, 2022, #5 Exhibit 5 - Letter from Plaintiffs counsel to Defendants counsel regarding Defendants Document Production, dated April 27, 2022, #6 Exhibit 6 - Letter from Defendants counsel to Plaintiffs counsel regarding Defendants responses to Plaintiffs document requests, dated May 4, 2022, #7 Exhibit 7 - Transcript of the May 26, 2022 Hearing, #8 Exhibit 8 -Letter from Defendants counsel to Plaintiffs counsel regarding document discovery, dated June 8, 2022 REDACTED).(Bleichmar, Javier) |
Filing 113 MEMORANDUM OF LAW in Support re: #112 MOTION to Compel Defendants to Produce Documents. . Document filed by Mark Owen, James Wandling..(Bleichmar, Javier) |
Filing 112 MOTION to Compel Defendants to Produce Documents. Document filed by Mark Owen, James Wandling..(Bleichmar, Javier) |
Filing 111 MEMO ENDORSEMENT on re: #110 Letter filed by James Wandling, Mark Owen. ENDORSEMENT: Application granted. The deadline for Plaintiffs to file and serve their motion to compel is June 13, 2022. Defendants' opposition is due no later than July 8, 2022. Plaintiffs' reply, if any, is due no later than July 22, 2022. SO ORDERED. (Motions due by 6/13/2022., Responses due by 7/8/2022, Replies due by 7/22/2022.) (Signed by Judge Gregory H. Woods on 6/2/2022) (kv) |
Filing 110 JOINT LETTER addressed to Judge Gregory H. Woods from Javier Bleichmar and Kenneth Herzinger dated 6/1/2022 re: Application of Chinese Law to Document Discovery. Document filed by Mark Owen, James Wandling..(Bleichmar, Javier) |
Filing 109 ORDER. As stated on the record during the conference held on May 26, 2022, the deadline for Plaintiffs to file and serve their motion to compel is June 2, 2022. See Dkt. No. 107. Defendants' opposition is due no later than June 17, 2022. Plaintiffs' reply, if any, is due no later than June 24, 2022. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv) |
Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 5/26/2022. (Court Reporter present) (wv) |
Filing 108 ORDER. The parties' request for a conference is granted. The Court will hold a teleconference regarding the application of Chinese law to document discovery in this matter on May 26, 2022 at 2:00 p.m. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Emergency Rules. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv) |
Filing 107 JOINT LETTER addressed to Judge Gregory H. Woods from Javier Bleichmar and Kenneth Herzinger dated 5/13/2022 re: Dispute as to the Application of Chinese Law (the Chinese Personal Information Protection Law (PIPL)) to Document Discovery. Document filed by Mark Owen, James Wandling. (Attachments: #1 Exhibit A - Plaintiffs document requests, served January 26, 2022, #2 Exhibit B - Defendants responses and objections, served February 25, 2022, #3 Exhibit C - Defendants amended responses and objections, served May 4, 2022).(Bleichmar, Javier) |
Filing 106 MEMO ENDORSEMENT on re: #105 Letter, filed by James Wandling, Mark Owen. ENDORSEMENT: Application denied. The Court takes no position on the parties' ESI Protocol but the Court will not, at this time, convert it into an order of the Court. First, the parties do not provide the Court with a reason to convert their private agreement into a Court order. Nor is the document formatted as an order--it does not say that it is an order and lacks a signature block for the Court. Second, the parties seek the freedom to modify the protocol without Court approval. To the extent that the parties wish for the Court to convert their private agreement into an order of the Court, they should not expect that the Court will permit the parties to change the Court's order without prior approval. (Signed by Judge Gregory H. Woods on 4/12/2022) (rro) |
Filing 105 LETTER addressed to Judge Gregory H. Woods from Javier Bleichmar and Kenneth Herzinger dated 4/11/2022 re: Court Approval and Entry of ESI Protocol. Document filed by Mark Owen, James Wandling. (Attachments: #1 Exhibit A - ESI Protocol).(Bleichmar, Javier) |
Filing 104 ORDER granting #102 Motion for Carl Hudson to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (wv) |
Filing 103 ORDER granting #101 Motion for Erin Zatlin to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (wv) |
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #102 MOTION for Carl Hudson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25929195. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
Filing 102 MOTION for Carl Hudson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25929195. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Rong Chen, Elastos Foundation, Feng Han. (Attachments: #1 Affidavit of Carl Hudson, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order).(Hudson, Carl) |
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #101 MOTION for Erin Zatlin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25925442. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
Filing 101 MOTION for Erin Zatlin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25925442. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Rong Chen, Elastos Foundation, Feng Han. (Attachments: #1 Affidavit of Erin Zatlin, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order).(Zatlin, Erin) |
Filing 100 STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Judge Gregory H. Woods on 3/22/22) (yv) |
Filing 99 PROPOSED PROTECTIVE ORDER. Document filed by Mark Owen, James Wandling..(Bleichmar, Javier) |
Filing 98 LETTER addressed to Judge Gregory H. Woods from Javier Bleichmar dated March 22, 2022 re: Stipulated Confidentiality Agreement and Protective Order. Document filed by Mark Owen, James Wandling. (Attachments: #1 Exhibit A - Stipulated Confidentiality Agreement and Protective Order, #2 Exhibit B - Blackline of Stipulated Confidentiality Agreement and Protective Order).(Bleichmar, Javier) |
Filing 97 NOTICE OF APPEARANCE by Benjamin Francis Burry on behalf of Mark Owen, James Wandling..(Burry, Benjamin) |
Filing 96 ANSWER to #68 Amended Complaint,. Document filed by Feng Han..(Herzinger, Kenneth) |
Filing 95 ANSWER to #68 Amended Complaint,. Document filed by Elastos Foundation..(Herzinger, Kenneth) |
Filing 94 ANSWER to #68 Amended Complaint,. Document filed by Rong Chen..(Herzinger, Kenneth) |
Filing 93 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/22/21 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) |
Filing 92 TRANSCRIPT of Proceedings re: CONFERENCE held on 12/22/2021 before Judge Gregory H. Woods. Court Reporter/Transcriber: Kristen Carannante, (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 1/24/2022. Redacted Transcript Deadline set for 2/3/2022. Release of Transcript Restriction set for 4/4/2022..(Moya, Goretti) |
Filing 91 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 due by 12/15/2022. Depositions pursuant to Fed. R. Civ. P. 30, 31 shall be completed by 12/15/2022. Expert Discovery due by 3/15/2023. Motions for summary judgment, if any, shall be filed no later than 5/1/2023. The parties expect that his case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is two weeks. The deadline for Defendants' Answer to the Amended Complaint is January 13, 2022. Status Conference set for 3/29/2022 at 04:00 PM before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 1/1/2022) (rro) |
Set/Reset Deadlines: Rong Chen answer due 1/13/2022; Elastos Foundation answer due 1/13/2022; Feng Han answer due 1/13/2022. (rro) |
Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 12/22/2021. (Court Reporter present) (wv) |
Filing 90 NOTICE OF APPEARANCE by Zachary Zwillinger on behalf of Rong Chen, Elastos Foundation, Feng Han..(Zwillinger, Zachary) |
Filing 89 LETTER addressed to Judge Gregory H. Woods from Javier Bleichmar and Kenneth Herzinger dated December 15, 2021 re: Initial Pre-Trial Conference. Document filed by Mark Owen, James Wandling..(Bleichmar, Javier) |
Filing 88 NOTICE OF INITIAL PRETRIAL CONFERENCE: DATE AND TIME OF CONFERENCE: December 22, 2021 at 3:00 p.m. The conference will be conducted by telephone. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Emergency Rules. Initial Conference set for 12/22/2021 at 03:00 PM before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 12/10/2021) (va) |
Filing 87 MEMORANDUM OPINION & ORDER re: #73 MOTION to Dismiss . filed by Feng Han, Rong Chen, Elastos Foundation. For the reasons stated above, Defendants' motion to dismiss the Amended Complaint is denied. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 73. (Signed by Judge Gregory H. Woods on 12/9/2021) (ate) |
Filing 86 MEMO ENDORSEMENT granting #84 Motion to Withdraw as Attorney. ENDORSEMENT: Application granted. William J. Foley is granted leave to withdraw as counsel for plaintiff. The Clerk of Court is instructed to terminate Mr. Foley from the list of active counsel in this case. SO ORDERED Attorney William J. Foley terminated. (Signed by Judge Gregory H. Woods on 5/4/2021) (rro) |
Filing 85 DECLARATION of William J. Foley in Support re: #84 MOTION for William J. Foley to Withdraw as Attorney .. Document filed by Rong Chen, Elastos Foundation, Feng Han..(Foley, William) |
Filing 84 MOTION for William J. Foley to Withdraw as Attorney . Document filed by Rong Chen, Elastos Foundation, Feng Han. (Attachments: #1 Certificate of Service).(Foley, William) |
Filing 83 NOTICE OF CHANGE OF ADDRESS by Kenneth Patrick Herzinger on behalf of Rong Chen, Elastos Foundation, Feng Han. New Address: Paul Hastings LLP, 101 California Street, 48th Floor, San Francisco, CA, USA 94111, (415) 856-7000..(Herzinger, Kenneth) |
Filing 82 REPLY MEMORANDUM OF LAW in Support re: #73 MOTION to Dismiss . . Document filed by Rong Chen, Elastos Foundation, Feng Han..(Herzinger, Kenneth) |
Filing 81 ORDER granting #80 Letter Motion for Leave to File Excess Pages. Application granted. The page limitation for Defendants' reply is extended to 14 pages. (Signed by Judge Gregory H. Woods on 10/8/2020) (mro) |
Filing 80 LETTER MOTION for Leave to File Excess Pages re: Reply in Support of Motion to Dismiss Amended Complaint addressed to Judge Gregory H. Woods from Kenneth Herzinger dated 10/7/2020. Document filed by Rong Chen, Elastos Foundation, Feng Han..(Herzinger, Kenneth) |
Filing 79 MEMORANDUM OF LAW in Opposition re: #73 MOTION to Dismiss . . Document filed by Mark Owen, James Wandling..(Bleichmar, Javier) |
Filing 78 NOTICE OF APPEARANCE by George N. Bauer on behalf of Mark Owen, James Wandling..(Bauer, George) |
Filing 77 DECLARATION of William J. Foley in Support re: #73 MOTION to Dismiss .. Document filed by Rong Chen, Elastos Foundation, Feng Han. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Foley, William) |
Filing 76 DECLARATION of Feng Han in Support re: #73 MOTION to Dismiss .. Document filed by Rong Chen, Elastos Foundation, Feng Han..(Herzinger, Kenneth) |
Filing 75 DECLARATION of Rong Chen in Support re: #73 MOTION to Dismiss .. Document filed by Rong Chen, Elastos Foundation, Feng Han..(Herzinger, Kenneth) |
Filing 74 MEMORANDUM OF LAW in Support re: #73 MOTION to Dismiss . . Document filed by Rong Chen, Elastos Foundation, Feng Han..(Herzinger, Kenneth) |
Filing 73 MOTION to Dismiss . Document filed by Rong Chen, Elastos Foundation, Feng Han..(Herzinger, Kenneth) |
Filing 72 ORDER granting #71 Letter Motion for Conference. The Court has received Defendants' August 18, 2020 request for a pre-motion conference regarding Defendants' proposed motion to dismiss. Dkt. No. 71. The Court will not hold a pre-motion conference. Defendant is granted leave to file a motion to dismiss. The deadline for Defendants to file and serve their motion to dismiss is September 9, 2020. Plaintiffs' opposition is due within twenty-one days after service of Defendants' motion; Defendants' reply, if any, is due within fourteen days after service of Plaintiffs' opposition. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Daniels, Anthony) |
Filing 71 LETTER MOTION for Conference re: Defendants' anticipated Motion to Dismiss Plaintiffs' Amended Complaint addressed to Judge Gregory H. Woods from Kenneth Herzinger dated 8/18/2020. Document filed by Rong Chen, Elastos Foundation, Feng Han..(Herzinger, Kenneth) |
Filing 70 ORDER granting in part and denying in part #69 Letter Motion for Leave to File Excess Pages. Application granted in part. The page limit for Defendants' opening brief in support of their anticipated motion to dismiss and Plaintiffs' opposition is extended to 35 pages. However, the Court has not set a briefing schedule because the Court did not dispense of the requirement that Defendants request a pre-motion conference by pre-motion letter, in accordance with Rule 2(C) of the Court's Individual Rules of Practice in Civil Cases. If Defendants file a pre-motion letter, the Court will consider whether to hold a pre-motion conference or to set a briefing schedule without one. SO ORDERED. (Signed by Judge Gregory H. Woods on 8/14/20) (yv) |
Filing 69 CONSENT LETTER MOTION for Leave to File Excess Pages and Briefing Schedule addressed to Judge Gregory H. Woods from Kenneth P. Herzinger dated August 13, 2020. Document filed by Rong Chen, Elastos Foundation, Feng Han..(Herzinger, Kenneth) |
Filing 68 AMENDED COMPLAINT amending #66 Amended Complaint, against Rong Chen, Elastos Foundation, Feng Han with JURY DEMAND.Document filed by Mark Owen. Related document: #66 Amended Complaint,. (Attachments: #1 Exhibit A - Comparison).(Bleichmar, Javier) |
Filing 67 ORDER denying as moot #61 Motion to Dismiss. On July 28, 2020, Plaintiffs filed an Amended Complaint. Dkt. No. 66. Because Plaintiffs have amended their complaint, Defendants motion to dismiss, Dkt. No. 61, is denied as moot. The deadline by which Defendants must answer or otherwise respond to the Amended Complaint is August 18, 2020. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Daniels, Anthony) |
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Javier Bleichmar to RE-FILE Document No. #66 Amended Complaint,. The filing is deficient for the following reason(s): the PDF case caption must list all of the filers OR only the listed filer must be selected when filing the pleading. 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. (jgo) Modified on 7/29/2020 (jgo). |
Filing 66 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - AMENDED COMPLAINT against Rong Chen, Elastos Foundation, Feng Han with JURY DEMAND.Document filed by Mark Owen, James Wandling. (Attachments: #1 Exhibit A - Comparison).(Bleichmar, Javier) Modified on 7/29/2020 (jgo). |
Filing 65 DECLARATION of William J. Foley in Support re: #61 MOTION to Dismiss .. Document filed by Rong Chen, Elastos Foundation, Feng Han. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Foley, William) |
Filing 64 DECLARATION of Rong Chen in Support re: #61 MOTION to Dismiss .. Document filed by Rong Chen, Elastos Foundation, Feng Han..(Herzinger, Kenneth) |
Filing 63 DECLARATION of Feng Han in Support re: #61 MOTION to Dismiss .. Document filed by Rong Chen, Elastos Foundation, Feng Han..(Herzinger, Kenneth) |
Filing 62 MEMORANDUM OF LAW in Support re: #61 MOTION to Dismiss . . Document filed by Rong Chen, Elastos Foundation, Feng Han..(Herzinger, Kenneth) |
Filing 61 MOTION to Dismiss . Document filed by Rong Chen, Elastos Foundation, Feng Han..(Herzinger, Kenneth) |
Filing 60 ORDER: granting #59 Letter Motion for Leave to File Excess Pages. Application granted. Defendants may submit a memorandum of law up to 30 pages in length. Plaintiffs may submit an opposition of up to 30 pages in length. SO ORDERED. (Signed by Judge Gregory H. Woods on 7/03/2020) (ama) |
Filing 59 CONSENT LETTER MOTION for Leave to File Excess Pages re: Defendants' Motion to Dismiss addressed to Judge Gregory H. Woods from Kenneth Herzinger dated 7/2/2020. Document filed by Rong Chen, Elastos Foundation, Feng Han..(Herzinger, Kenneth) |
Filing 58 STIPULATION OF DISMISSAL WITH PREJUDICE: THEREFORE, IT IS HEREBY STIPULATED AND AGREED, pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, that all claims against defendants Fay Li and Ben Lee in this action are dismissed with prejudice, with the parties to bear their own costs, expenses and attorneys' fees. Plaintiffs and Defendants Fay Li and Ben Lee have stipulated to the dismissal of Plaintiffs' claims against each of those defendants with prejudice. The Clerk of Court is directed to remove the names of those two defendants from the caption of this case. Ben Lee and Fay Li terminated. (Signed by Judge Gregory H. Woods on 6/24/2020) (mro) |
Filing 57 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Fay Li, Ben Lee and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Fay Li, Ben Lee. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Herzinger, Kenneth) |
***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #57 Stipulation of Voluntary Dismissal,, was reviewed and referred to Judge Gregory H. Woods for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (ad) |
Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 6/19/2020. (Daniels, Anthony) |
Filing 56 LETTER addressed to Judge Gregory H. Woods from Javier Bleichmar dated June 17, 2020 re: Defendants Request for a Pre-Motion Conference Concerning their Anticipated Motion to Dismiss. Document filed by Mark Owen, James Wandling..(Bleichmar, Javier) |
Filing 55 LETTER addressed to Judge Gregory H. Woods from Kenneth Herzinger dated 6/12/2020 re: request for a pre-motion conference in connection with defendants' anticipated motion to dismiss. Document filed by Rong Chen, Elastos Foundation, Feng Han, Ben Lee, Fay Li..(Herzinger, Kenneth) |
Filing 54 ORDER denying in part and granting in part #53 Letter Motion for Extension of Time to File. Application denied in part and granted in part. The deadline for Defendants to answer or otherwise respond to the Complaint is extended to June 24, 2020. However, in accordance with Rule 2(C) of the Court's Individual Rules of Practice in Civil Cases, the Court will hold a pre-motion conference before Defendants may file a motion to dismiss. The conference will be held on June 19, 2020 at 12:00 p.m., at which time the Court will set a briefing schedule. Defendants must submit the letter described in Rule 2(C)(i) by June 12, 2020. Lead Plaintiffs' response, if any, is due by June 17, 2020. In accordance with the Court's Emergency Rules In Light of of COVID-19, available on the Court's website, the pre-motion conference will be held via conference call. The parties are directed to use the conference call dial-in information and access code noted in the Emergency Rules. (Signed by Judge Gregory H. Woods on 6/9/2020) (mro) |
Set/Reset Deadlines: Rong Chen answer due 6/24/2020; Elastos Foundation answer due 6/24/2020; Feng Han answer due 6/24/2020; Ben Lee answer due 6/24/2020; Fay Li answer due 6/24/2020., Set/Reset Hearings:( Telephone Conference set for 6/19/2020 at 12:00 PM before Judge Gregory H. Woods.) (mro) |
Filing 53 LETTER MOTION for Extension of Time to File response to the Complaint and to propose a briefing schedule for the anticipated Motion to Dismiss addressed to Judge Gregory H. Woods from Kenneth Herzinger dated 6/4/2020. Document filed by Rong Chen, Elastos Foundation, Feng Han..(Herzinger, Kenneth) |
Filing 52 ORDER granting #46 Motion to Appoint; granting #46 Motion to Appoint Counsel. For the reasons just stated, the Motion is GRANTED. Owen and Wandling are appointed Lead Plaintiffs and Bleichmar Fonti & Auld LLP is appointed Lead Counsel. The deadline for Defendants to answer or otherwise respond to the Complaint is June 16, 2020. The Clerk of Court is directed to close the motion pending at Dkt. No. 46. (Signed by Judge Gregory H. Woods on 5/26/2020) (mro) |
Set/Reset Deadlines: Rong Chen answer due 6/16/2020; Elastos Foundation answer due 6/16/2020; Feng Han answer due 6/16/2020; Ben Lee answer due 6/16/2020; Fay Li answer due 6/16/2020. (mro) |
Filing 51 REPLY MEMORANDUM OF LAW in Support re: #46 MOTION to Appoint Mark Owen and James Wandling to serve as lead plaintiff(s) . MOTION to Appoint Counsel Bleichmar Fonti & Auld LLP. . Document filed by Mark Owen, James Wandling..(Bleichmar, Javier) |
Filing 50 ORDER: On April 27, 2020, Mark Owen and James Wandling filed a motion for appointment as lead plaintiffs. Dkt. No. 46. Oppositions to the motion are due no later than May 12, 2020. Replies are due no later than May 19, 2020. ( Responses due by 5/12/2020, Replies due by 5/19/2020.) (Signed by Judge Gregory H. Woods on 4/28/2020) (mro) |
***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #49 Proposed Order was reviewed and approved as to form. (dt) |
Filing 49 PROPOSED ORDER. Document filed by Mark Owen, James Wandling. Related Document Number: #46 ..(Bleichmar, Javier) Proposed Order to be reviewed by Clerk's Office staff. |
Filing 48 DECLARATION of Javier Bleichmar in Support re: #46 MOTION to Appoint Mark Owen and James Wandling to serve as lead plaintiff(s) . MOTION to Appoint Counsel Bleichmar Fonti & Auld LLP.. Document filed by Mark Owen, James Wandling. (Attachments: #1 Exhibit A - PSLRA certifications of Mark Owen and James Wandling, #2 Exhibit B - Chart reflecting financial interest of Mark Owen and James Wandling, #3 Exhibit C - Firm Resume of BFA, #4 Exhibit D - Order - In re Tezos Securities Litigation).(Bleichmar, Javier) |
Filing 47 MEMORANDUM OF LAW in Support re: #46 MOTION to Appoint Mark Owen and James Wandling to serve as lead plaintiff(s) . MOTION to Appoint Counsel Bleichmar Fonti & Auld LLP. . Document filed by Mark Owen, James Wandling..(Bleichmar, Javier) |
Filing 46 MOTION to Appoint Mark Owen and James Wandling to serve as lead plaintiff(s) ., MOTION to Appoint Counsel Bleichmar Fonti & Auld LLP. Document filed by Mark Owen, James Wandling..(Bleichmar, Javier) |
Filing 45 LETTER addressed to Judge Gregory H. Woods from Warren Raiti dated February 27, 2020 re: Publication of notice to class members under 15 U.S.C. s.77z-1(a)(3)(A)(i) and ECF No. 44. Document filed by Mark Owen, James Wandling. (Attachments: #1 Exhibit A).(Raiti, Warren) |
Filing 44 MEMO ENDORSEMENT: on re: #43 Letter filed by James Wandling, Mark Owen. ENDORSEMENT: Application granted. Plaintiffs are directed to commence the notice procedure set forth in 15 U.S.C. 77z-1(a)(3)(A)(i) no later than February 28, 2020. SO ORDERED. (Signed by Judge Gregory H. Woods on 2/24/2020) (ama) |
Filing 43 LETTER addressed to Judge Gregory H. Woods from Warren Raiti dated February 21, 2020 re: Proposed Schedule to Provide Notice Pursuant to 15 U.S.C. 77z-1(a)(3)(A)(i). Document filed by Mark Owen, James Wandling..(Raiti, Warren) |
Filing 42 NOTICE OF CHANGE OF ADDRESS by Warren Angelo Raiti on behalf of Mark Owen, James Wandling. New Address: RAITI, PLLC, 1345 Avenue of the Americas, 33rd Floor, New York, New York, United States of America 10105, (212) 590-2328..(Raiti, Warren) |
Filing 41 MEMO ENDORSEMENT granting #38 Motion to Withdraw as Attorney. ENDORSEMENT: Attorney Jorge Pesok-Pichardo is granted leave to withdraw as counsel for Defendants. The Clerk of Court is instructed to remove Attorney Jorge Pesok-Pichardo from the list of counsel in this case and to terminate the motion pending at Dkt. No. 38. Attorney Jorge Pesok-Pichardo terminated. (Signed by Judge Gregory H. Woods on 2/14/2020) (mro) |
Filing 40 ORDER: On February 6, 2020, the Court entered a Memorandum Opinion and Order denying Plaintiffs' motion to remand. Dkt. No. 37. The Court thus understands that Plaintiffs will promptly commence the notice procedure set forth in 15 U.S.C. 77z-1(a)(3)(A)(i). Accordingly, Plaintiffs are directed to submit a letter by no later than February 21, 2020 setting forth their proposed schedule for providing notice. SO ORDERED. (Signed by Judge Gregory H. Woods on 2/14/2020) (ama) |
Filing 39 DECLARATION of Jorge Pesok-Pichardo in Support re: #38 MOTION for Jorge Pesok-Pichardo to Withdraw as Attorney .. Document filed by Rong Chen, Elastos Foundation, Feng Han, Ben Lee, Fay Li..(Pesok-Pichardo, Jorge) |
Filing 38 MOTION for Jorge Pesok-Pichardo to Withdraw as Attorney . Document filed by Rong Chen, Elastos Foundation, Feng Han, Ben Lee, Fay Li. (Attachments: #1 Certificate of Service).(Pesok-Pichardo, Jorge) |
Filing 37 MEMORANDUM OPINION AND ORDER re: #26 MOTION to Remand to New York State Supreme Court. filed by James Wandling, Mark Owen. For the reasons discussed above, Plaintiffs' motion to remand is DENIED. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 26. SO ORDERED. (Signed by Judge Gregory H. Woods on 2/6/2020) (ks) |
Filing 36 REPLY MEMORANDUM OF LAW in Support re: #26 MOTION to Remand to New York State Supreme Court. . Document filed by Mark Owen, James Wandling. (Attachments: #1 Affidavit of Javier Bleichmar in Support of Plaintiffs Motion to Remand, #2 Exhibit A)(Raiti, Warren) |
Filing 35 DECLARATION of Jorge Pesok in Opposition re: #26 MOTION to Remand to New York State Supreme Court.. Document filed by Rong Chen, Elastos Foundation, Feng Han. (Attachments: #1 Exhibit A - White Paper, #2 Exhibit B - Summons with Notice)(Pesok-Pichardo, Jorge) |
Filing 34 MEMORANDUM OF LAW in Opposition re: #26 MOTION to Remand to New York State Supreme Court. . Document filed by Rong Chen, Elastos Foundation, Feng Han. (Herzinger, Kenneth) |
Filing 33 ORDER. The Court has reviewed the parties' submissions regarding the notice procedure under 15 U.S.C. Section 77z-1(a)(3)(A)(i) and understands that counsel for the plaintiffs does not intend to begin the notice procedure until after the Court has rendered a decision on Plaintiffs' pending motion to remand. The Court will not order the parties to begin the notice procedure prior to that date and will take up this issue again following its decision on the motion to remand. (HEREBY ORDERED by Judge Gregory H. Woods on July 23, 2019) (Text Only Order)(Daniels, Anthony) |
Filing 32 LETTER addressed to Judge Gregory H. Woods from Warren A. Raiti dated July 19, 2019 re: Joint Letter Pursuant to July 14, 2019 Order (Dkt. 31).. Document filed by Mark Owen, James Wandling. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Raiti, Warren) |
Filing 31 MEMO ENDORSEMENT on re: #30 Letter filed by James Wandling, Mark Owen. ENDORSEMENT: The Court understands the parties' respective preferences regarding the procedure mandated by 15 U.S.C. 77z-1(a)(3)(A)(i). However, the language of this statutory provision is mandatory. It states: "Not later than 20 days after the date on which the complaint is filed, the plaintiff or plaintiffs shall cause to be published...." It is not clear to the Court that the parties' positions accord with the language of the statute. Therefore, to the extent that the parties maintain that the Court should permit Plaintiffs to delay the provision of notice until after the Court resolves Plaintiffs' motion to remand, they are directed to provide the Court with a joint letter setting out the legal authority for that position no later than July 19, 2019. (Signed by Judge Gregory H. Woods on 7/14/2019) (mro) |
Filing 30 LETTER addressed to Judge Gregory H. Woods from Warren Raiti dated July 11, 2019 re: Joint Letter Per The Court's July 6, 2011 Order, Dkt No.22. Document filed by Mark Owen, James Wandling.(Raiti, Warren) |
***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #27 Proposed Order was reviewed and approved as to form. (km) |
Filing 29 AFFIDAVIT of Javier Bleichmar in Support re: #26 MOTION to Remand to New York State Supreme Court.. Document filed by Mark Owen, James Wandling. (Attachments: #1 Exhibit A - Memorandum of Law in Support Filed in Mark Owen v. Elastos Foundation, No. 650628/2019 (N.Y. Sup. Ct.))(Bleichmar, Javier) |
Filing 28 MEMORANDUM OF LAW in Support re: #26 MOTION to Remand to New York State Supreme Court. . Document filed by Mark Owen, James Wandling. (Bleichmar, Javier) |
Filing 27 PROPOSED ORDER. Document filed by Mark Owen, James Wandling. Related Document Number: #26 . (Bleichmar, Javier) Proposed Order to be reviewed by Clerk's Office staff. |
Filing 26 MOTION to Remand to New York State Supreme Court. Document filed by Mark Owen, James Wandling. (Attachments: #1 Text of Proposed Order)(Bleichmar, Javier) |
Filing 25 NOTICE OF APPEARANCE by Jorge Pesok-Pichardo on behalf of Rong Chen, Elastos Foundation, Feng Han, Ben Lee, Fay Li. (Pesok-Pichardo, Jorge) |
Filing 24 MEMO ENDORSEMENT on re: #17 Letter, filed by Feng Han, Rong Chen, Elastos Foundation. ENDORSEMENT: Application granted. The Court will hold Defendants' request for a pre-motion conference regarding their anticipated motion to dismiss in abeyance pending the Court's decision on Plaintiffs' motion to remand. (Signed by Judge Gregory H. Woods on 7/6/2019) (mro) |
Filing 23 ORDER. As discussed during the telephone conference held on July 1, 2019, Plaintiff's motion to remand this case to New York state court is due no later than July 10, 2019; Defendants' opposition is due no later than two weeks following service of Plaintiffs' motion; Plaintiffs' reply is due no later than one week following service of Defendants' opposition. (Signed by Judge Gregory H. Woods on July 6, 2019) (Woods, Gregory) |
Filing 22 ORDER. No later than July 12, 2019, the parties are directed to submit a joint letter setting out their respective positions regarding whether Plaintiffs are required, under 15 U.S.C.Section77z1(a)(3)(A)(i), to give notice of this action to members of the purported plaintiff class while Plaintiff's motion to remand is pending. The parties' joint letter should not exceed five pages. (Signed by Judge Gregory H. Woods on July 6, 2019) (Woods, Gregory) |
Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 7/1/2019. (Court Reporter Andrew Walker) (Daniels, Anthony) |
Filing 21 DEMAND for Trial by Jury. Document filed by James Wandling(Bleichmar, Javier) |
Filing 20 LETTER addressed to Judge Gregory H. Woods from Javier Bleichmar and Warren Raiti dated July 1, 2019 re: Request for a Pre-Motion Conference Concerning Defendants Anticipated Motion to Dismiss. Document filed by James Wandling.(Bleichmar, Javier) |
Filing 19 LETTER addressed to Judge Gregory H. Woods from Kenneth P. Herzinger dated June 26, 2019 re: response to plaintiffs' June 21, 2019 letter requesting leave to file a motion to remand Dkt. #14 . Document filed by Rong Chen, Elastos Foundation, Feng Han.(Herzinger, Kenneth) |
Filing 18 ORDER granting #16 Letter Motion to Adjourn Conference. Application granted. The initial pre-trial conference currently scheduled for July 23, 2019 as well as the deadlines for associated submissions are adjourned sine die. (Signed by Judge Gregory H. Woods on 6/26/2019) (mro) |
Filing 17 LETTER addressed to Judge Gregory H. Woods from Kenneth P. Herzinger dated June 25, 2019 re: request for a pre-motion conference in connection with defendants' anticipated motion to dismiss. Document filed by Rong Chen, Elastos Foundation, Feng Han.(Herzinger, Kenneth) |
Filing 16 JOINT LETTER MOTION to Adjourn Conference for initial pretrial conference currently scheduled for July 23, 2019 re the Courts June 18, 2019 Order (Dkt. No. 13) addressed to Judge Gregory H. Woods from Kenneth P. Herzinger, Warren A. Raiti and Javier Bleichmar dated June 25, 2019. Document filed by Rong Chen, Elastos Foundation, Feng Han, Ben Lee, Fay Li.(Herzinger, Kenneth) |
Filing 15 MEMO ENDORSEMENT on re: #14 Letter filed by James Wandling. ENDORSEMENT: Application granted. The Court will hold a teleconference regarding Plaintiff's proposed motion to remand on July 1, 2019 at 12:15 p.m. The parties are directed to call Chambers (212-805-0296) at that time with all parties on the line. ( Telephone Conference set for 7/1/2019 at 12:15 PM before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 6/21/2019) (mro) |
Filing 14 LETTER addressed to Judge Gregory H. Woods from Javier Bleichmar dated June 21, 2019 re: request for pre-motion conference and leave to file a motion to remand this case to New York. Document filed by James Wandling.(Bleichmar, Javier) |
Filing 13 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 7/23/2019 at 03:30 PM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods; and as further set forth herein. SO ORDERED. (Signed by Judge Gregory H. Woods on 6/18/2019) (anc) |
Filing 12 ORDER granting #11 Letter Motion for Extension of Time to Answer. Application granted. The deadline for Defendant to answer or otherwise respond to the complaint is extended to June 25, 2019. SO ORDERED. (Rong Chen answer due 6/25/2019; Elastos Foundation answer due 6/25/2019; Feng Han answer due 6/25/2019; Ben Lee answer due 6/25/2019; Fay Li answer due 6/25/2019.) (Signed by Judge Gregory H. Woods on 6/14/2019) (anc) |
Filing 11 LETTER MOTION for Extension of Time to File Answer addressed to Judge Gregory H. Woods from William J. Foley dated June 14, 2019. Document filed by Rong Chen, Elastos Foundation, Feng Han.(Foley, William) |
Filing 10 NOTICE OF APPEARANCE by Warren Angelo Raiti on behalf of Mark Owen, James Wandling. (Raiti, Warren) |
Filing 9 ORDER: Pursuant to Fed. R. Civ. P. 81(c)(3), if any party wishes to demand a jury trial in this matter, the demand must be served and filed no later than July 8, 2019. Additionally, Plaintiff's counsel is directed to promptly file a notice of appearance in this case. Defendants are directed to serve a copy of this order on Plaintiff, and to retain proof of service. SO ORDERED. (Signed by Judge Gregory H. Woods on 6/13/2019) (anc) |
Filing 8 CERTIFICATE OF SERVICE of Notice of Removal with Exhibits served on Plaintiff's Counsel Warren Raiti and Javier Bleichmar on June 11, 2019. Service was made by Mail and Email. Document filed by Rong Chen, Elastos Foundation, Feng Han. (Foley, William) |
Filing 7 NOTICE OF APPEARANCE by Javier Bleichmar on behalf of James Wandling. (Bleichmar, Javier) |
Filing 6 NOTICE OF APPEARANCE by Ross Mitchell Shikowitz on behalf of James Wandling. (Shikowitz, Ross) |
Filing 5 CIVIL COVER SHEET filed. (Herzinger, Kenneth) |
Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Rong Chen, Elastos Foundation, Feng Han, Ben Lee, Fay Li.(Foley, William) |
Filing 3 NOTICE OF APPEARANCE by William Jospeh Foley, Jr on behalf of Rong Chen, Elastos Foundation, Feng Han, Ben Lee, Fay Li. (Foley, William) |
Magistrate Judge Barbara C. Moses 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: #http://nysd.uscourts.gov/forms.php. (pne) |
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. 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 #http://nysd.uscourts.gov/ecf_filing.php. (pne) |
Case Designated ECF. (pne) |
***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Kenneth Patrick Herzinger to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): caption entered on civil cover sheet must match pleading caption. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (pne) |
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Kenneth Patrick Herzinger. The party information for the following party/parties has been modified: Mark Owen. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (pne) |
***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Kenneth Patrick Herzinger. The following case opening statistical information was erroneously selected/entered: Dollar Demand $94,000,000; County code New York. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $9,999,000 (MAXIMUM DOLLAR AMOUNT ACCEPTED ON CM ECF); the County code has been modified to XX Out of State. (pne) |
***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney Kenneth Patrick Herzinger. The following party/parties has been removed from this case: James Wandling. The party was added to the case in error. (pne) |
Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Herzinger, Kenneth) Modified on 6/12/2019 (pne). |
Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 650628/2019. (Filing Fee $ 400.00, Receipt Number ANYSDC-17062654).Document filed by Fay Li, Feng Han, Elastos Foundation, Ben Lee, Rong Chen. (Attachments: #1 Exhibit A - Summons with Notice, #2 Exhibit B - Transcript of May 23, 2019 hearing, #3 Exhibit C - Complaint)(Herzinger, Kenneth) |
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