Toomey v. Ripple Labs, Inc. et al
Tyler Toomey and Markas Sergalis |
Ripple Labs, Inc., XRP II, LLC, Bradley Garlinghouse, MCO Malta Dax Limited doing business as Crypto.com, Foris Dax Global Limited doing business as Crypto.com, Foris Dax, Inc., Foris, Inc. and Payward, Inc. doing business as Kraken |
Bradley Sostack |
4:2021cv06518 |
August 24, 2021 |
US District Court for the Northern District of California |
Phyllis J Hamilton |
Sallie Kim |
William H Orrick |
Other Fraud |
28 U.S.C. § 1332 |
Plaintiff |
Docket Report
This docket was last retrieved on September 20, 2021. A more recent docket listing may be available from PACER.
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Remark: This case is Administratively closed. All Future Filings to be made in lead case C-18-6753-PJH. (kcS, COURT STAFF) (Filed on 9/20/2021) |
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Filing 83 STIPULATION WITH PROPOSED ORDER re #82 MOTION to Dismiss for Lack of Jurisdiction , #81 MOTION to Dismiss DEFENDANTS FORIS DAX, INC. AND FORIS, INC. filed by Foris Dax Global Limited, Foris Dax, Inc., Foris, Inc.. (Ball, Matthew) (Filed on 9/15/2021) |
Filing 82 MOTION to Dismiss for Lack of Jurisdiction filed by Foris Dax Global Limited. Motion Hearing set for 10/20/2021 02:00 PM before Judge William H. Orrick. Responses due by 9/28/2021. Replies due by 10/5/2021. (Attachments: #1 Declaration of Antonio Alvarez, #2 Proposed Order)(Ball, Matthew) (Filed on 9/14/2021) |
Filing 81 MOTION to Dismiss DEFENDANTS FORIS DAX, INC. AND FORIS, INC. filed by Foris Dax, Inc., Foris, Inc.. Motion Hearing set for 10/20/2021 02:00 PM before Judge William H. Orrick. Responses due by 9/28/2021. Replies due by 10/5/2021. (Attachments: #1 Proposed Order)(Ball, Matthew) (Filed on 9/14/2021) |
Filing 80 Certificate of Interested Entities by Foris Dax Global Limited, Foris Dax, Inc., Foris, Inc. identifying Corporate Parent Foris GFS Limited, Corporate Parent Foris DAX Holdings Limited for Foris Dax Global Limited, Foris Dax, Inc., Foris, Inc.. (Ball, Matthew) (Filed on 9/14/2021) |
Filing 79 OPPOSITION/RESPONSE (re #58 MOTION to Appoint Counsel Motion of Plaintiff Tyler Toomey to Appoint Lead Plaintiff and Approve His Selection of Lead Counsel ) filed byForis Dax Global Limited, Foris Dax, Inc., Foris, Inc.. (Ball, Matthew) (Filed on 9/14/2021) |
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Filing 77 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-16373230.) filed by Foris Dax Global Limited, Foris Dax, Inc., Foris, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing)(Lambrakopoulos, Stavroula) (Filed on 9/9/2021) |
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Filing 75 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (mklS, COURT STAFF) (Filed on 9/8/2021) |
Filing 74 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Markas Sergalis, Tyler Toomey.. (Westcot, Sarah) (Filed on 9/7/2021) |
Filing 73 STIPULATION WITH PROPOSED ORDER JOINT STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT AND MOTION TO APPOINT LEAD PLAINTIFF; [PROPOSED] ORDER filed by Ripple Labs, Inc.. (Ball, Matthew) (Filed on 9/3/2021) |
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Filing 71 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/15/2021. Initial Case Management Conference set for 11/22/2021 01:30 PM in San Francisco, Courtroom C, 15th Floor. (hdjS, COURT STAFF) (Filed on 8/24/2021) |
Filing 70 Case transferred in from District of Florida Middle; Case Number 3:21-cv-00093. Original file certified copy of transfer order and docket sheet received. |
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Filing 68 Joint MOTION for a Status Conference by Ripple Labs, Inc. (Marshall, Damien) Modified on 7/29/2021 to edit docket text (KEM). |
Filing 67 REPLY to Response to Motion re #58 MOTION to Appoint Counsel Motion of Plaintiff Tyler Toomey to Appoint Lead Plaintiff and Approve His Selection of Lead Counsel filed by Markas Sergalis, Tyler Toomey. (Westcot, Sarah) |
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Filing 65 Unopposed MOTION for Leave to File Other Document :Reply Brief in Further Support of Plaintiff Toomey's Motion to Appoint Lead Plaintiff by Markas Sergalis, Tyler Toomey. (Westcot, Sarah) |
Filing 64 RESPONSE in Opposition re #61 MOTION to Intervene filed by Markas Sergalis, Tyler Toomey. (Westcot, Sarah) |
Filing 63 REPLY to Response to Motion re #45 MOTION to Change Venue / Transfer Case Defendants Ripple Labs Inc., XRP II, LLC, and Bradley Garlinghouse's Motion to Transfer, Dismiss, or Stay Plaintiffs' Second Amended Complaint and Memorandum of Law in Support filed by Bradley Garlinghouse, Ripple Labs, Inc., XRP II, LLC. (Marshall, Damien) |
Filing 62 MEMORANDUM in opposition re #58 Motion to Appoint Counsel filed by Bradley Sostack. (Attachments: #1 Exhibit 1 Lead Plaintiff Order, #2 Exhibit 2 Amended Consolidated Complaint)(Healy, Andres) |
Filing 61 MOTION to Intervene by Bradley Sostack. (Attachments: #1 Exhibit A Memo in Opp to Plaintiff's Motion to Appoint Lead Counsel, #2 Exhibit 1 Lead Plaintiff Order, #3 Exhibit 2 Amended Consolidated Complaint)(Healy, Andres) |
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Filing 59 Unopposed MOTION for Leave to File Other Document :Reply by Bradley Garlinghouse, Ripple Labs, Inc., XRP II, LLC. (Marshall, Damien) |
Filing 58 MOTION to Appoint Counsel Motion of Plaintiff Tyler Toomey to Appoint Lead Plaintiff and Approve His Selection of Lead Counsel by Tyler Toomey. (Attachments: #1 Declaration of Sarah N. Westcot, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Westcot, Sarah) Motions referred to Magistrate Judge Joel B. Toomey. |
Filing 57 REPLY to Response to Motion re #47 MOTION to Stay Discovery Defendants Ripple Labs Inc., XRP II, LLC, and Bradley Garlinghouse's Motion to Stay Discovery filed by Bradley Garlinghouse, Ripple Labs, Inc., XRP II, LLC. (Marshall, Damien) |
Filing 56 RESPONSE in Opposition re #45 MOTION to Change Venue / Transfer Case Defendants Ripple Labs Inc., XRP II, LLC, and Bradley Garlinghouse's Motion to Transfer, Dismiss, or Stay Plaintiffs' Second Amended Complaint and Memorandum of Law in Support filed by Markas Sergalis, Tyler Toomey. (Westcot, Sarah) |
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Filing 52 Unopposed MOTION for Leave to File Other Document :Reply by Bradley Garlinghouse, Ripple Labs, Inc., XRP II, LLC. (Marshall, Damien) |
Filing 51 Unopposed MOTION to File Excess Pages Plaintiffs' Motion Requesting Leave To File An Opposition In Excess of 20 Pages by Markas Sergalis, Tyler Toomey. (Westcot, Sarah) |
Filing 50 RESPONSE in Opposition re #47 MOTION to Stay Discovery Defendants Ripple Labs Inc., XRP II, LLC, and Bradley Garlinghouse's Motion to Stay Discovery PLAINTIFFS TYLER TOOMEY AND MARKAS SERGALIS' OPPOSITION TO DEFENDANTS RIPPLE LABS INC., XRP II, LLC, AND BRADLEY GARLINGHOUSE'S MOTION TO STAY DISCOVERY filed by Markas Sergalis, Tyler Toomey. (Westcot, Sarah) |
Filing 49 Joint MOTION for Miscellaneous Relief, specifically REGARDING BRIEFING SCHEDULE FOR DEFENDANTS RIPPLE LABS INC., XRP II, LLC, AND BRADLEY GARLINGHOUSE'S PENDING MOTION TO TRANSFER, DISMISS, OR STAY PLAINTIFFS' SECOND AMENDED COMPLAINT by Markas Sergalis, Tyler Toomey. (Westcot, Sarah) |
Filing 48 NOTICE of voluntary dismissal without prejudice by Markas Sergalis (Westcot, Sarah) Modified on 5/6/2021 to edit docket text (KEM). |
Filing 47 MOTION to Stay Discovery Defendants Ripple Labs Inc., XRP II, LLC, and Bradley Garlinghouse's Motion to Stay Discovery by Ripple Labs, Inc.. (Marshall, Damien) |
Filing 46 DECLARATION of Suzanne E. Nero re #45 MOTION to Change Venue / Transfer Case Defendants Ripple Labs Inc., XRP II, LLC, and Bradley Garlinghouse's Motion to Transfer, Dismiss, or Stay Plaintiffs' Second Amended Complaint and Memorandum of Law in Support by Ripple Labs, Inc.. (Marshall, Damien) |
Filing 45 MOTION to Change Venue / Transfer Case Defendants Ripple Labs Inc., XRP II, LLC, and Bradley Garlinghouse's Motion to Transfer, Dismiss, or Stay Plaintiffs' Second Amended Complaint and Memorandum of Law in Support by Ripple Labs, Inc.. (Marshall, Damien) |
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Filing 42 Unopposed MOTION to File Excess Pages Defendants Ripple Lab Inc., XRP II, LLC, and Bradley Garlinghouse's Motion Requesting Leave to File a Motion in Excess of 25 Pages by Ripple Labs, Inc.. (Marshall, Damien) |
Filing 41 Unopposed MOTION for Suzanne E. Nero to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18163513 for $150 by Ripple Labs, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing)(Marshall, Damien) Motions referred to Magistrate Judge Joel B. Toomey. |
Filing 40 Unopposed MOTION for Andrew J. Ceresney to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18163484 for $150 by Ripple Labs, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing)(Marshall, Damien) Motions referred to Magistrate Judge Joel B. Toomey. |
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Filing 38 CERTIFICATE of interested persons and corporate disclosure statement re #28 Case Management / FLSA / ADA / Social Security / Scheduling Order,, by Markas Sergalis, Tyler Toomey. (Westcot, Sarah) |
Filing 37 CORPORATE Disclosure Statement by Payward, Inc.. (Lourie, Andrew) |
Filing 36 Unopposed MOTION for Extension of Time to File Response to Second Amended Complaint by Payward, Inc.. (Lourie, Andrew) Motions referred to Magistrate Judge Joel B. Toomey. |
Filing 35 DECLARATION of Amended/Corrected Certification of Markas Sergalis Pursuant to the PSLRA re #34 Declaration, #26 Amended Complaint,, by Markas Sergalis. (Westcot, Sarah) |
Filing 34 DECLARATION of Markas Sergalis pursuant to the PLSRA re #26 Amended Complaint by Markas Sergalis. (Westcot, Sarah) |
Filing 33 DECLARATION of Tyler Toomey pursuant to PLSRA re #26 Amended Complaint by Tyler Toomey. (Westcot, Sarah) |
Filing 32 RETURN of service executed on 03/29/2021 by Markas Sergalis, Tyler Toomey as to Foris Dax, Inc.. (Westcot, Sarah) |
Filing 31 RETURN of service executed on 03/29/2021 by Markas Sergalis, Tyler Toomey as to Foris, Inc.. (Westcot, Sarah) |
Filing 30 RETURN of service executed on 03/29/2021 by Markas Sergalis, Tyler Toomey as to Payward, Inc.. (Westcot, Sarah) |
Filing 29 CASE REFERRED to Mediation. (KEM) |
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Filing 27 SUMMONS issued as to Foris Dax Global Limited, Foris Dax, Inc., Foris, Inc., MCO Malta Dax Limited, Payward, Inc.. (KEM) |
Filing 26 AMENDED COMPLAINT pursuant to March 12, 2021 Order against Bradley Garlinghouse, Ripple Labs, Inc., XRP II, LLC, MCO Malta Dax Limited (d/b/a Crypto.com), Foris Dax Global Limited (d/b/a Crypto.com), Foris Dax, Inc., Foris, Inc., Payward, Inc. d/b/a Kraken with Jury Demand. filed by Tyler Toomey, Markas Sergalis. (Attachments: #1 Exhibit A, #2 Proposed Summons MCO Malta Dax Limited (d/b/a Crypto.com), #3 Proposed Summons Foris Dax Global Limited (d/b/a Crypto.com), #4 Proposed Summons Foris Dax, Inc., #5 Proposed Summons Foris, Inc., #6 Proposed Summons Payward, Inc. d/b/a Kraken)(Westcot, Sarah) |
Filing 25 CASE MANAGEMENT REPORT. (Westcot, Sarah) |
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Filing 22 Joint MOTION to Amend Complaint Pursuant to Federal Rule of Civil Procedure 15(A)(2) allowing Plaintiff to file a Second Amended Complaint, and proposing Briefing Schedule for Defendants' forthcoming Motion To Dismiss by Tyler Toomey. (Westcot, Sarah) Modified docket text on 3/12/2021 (KEM). Modified event type and docket text per Chambers on 3/12/2021 (KEM). |
Filing 21 CERTIFICATE of interested persons and corporate disclosure statement re #5 Amended Complaint by Tyler Toomey. (Westcot, Sarah) |
Filing 20 MOTION for Andrew J. Obergfell to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17986575 for $150 by Tyler Toomey. (Westcot, Sarah) Motions referred to Magistrate Judge Joel B. Toomey. |
Filing 19 CORPORATE Disclosure Statement by Ripple Labs, Inc. identifying Corporate Parent Ripple Labs, Inc., Other Affiliate XRP II, LLC, Other Affiliate Bradley Garlinghouse for Ripple Labs, Inc... (Marshall, Damien) |
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Filing 17 NOTICE of Appearance by Damien Jerome Marshall on behalf of Ripple Labs, Inc. (Marshall, Damien) |
Filing 16 Unopposed MOTION for Extension of Time to File Unopposed Motion To Extend Deadline To Move For Class Certification by Tyler Toomey. (Westcot, Sarah) Motions referred to Magistrate Judge Joel B. Toomey. |
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Filing 14 Unopposed MOTION for Extension of Time to File Response to Amended Complaint by Bradley Garlinghouse, Ripple Labs, Inc., XRP II, LLC. (Bugni, Lisa) Motions referred to Magistrate Judge Joel B. Toomey. |
Filing 13 NOTICE of Appearance by Lisa Bugni on behalf of Bradley Garlinghouse, Ripple Labs, Inc., XRP II, LLC (Bugni, Lisa) |
Filing 12 PROOF of service by Tyler Toomey (Westcot, Sarah) |
Filing 11 PROOF of service by Tyler Toomey (Westcot, Sarah) |
Filing 10 PROOF of service by Tyler Toomey (Westcot, Sarah) |
Filing 9 RETURN of service executed on 01/28/2021 by Tyler Toomey as to Bradley Garlinghouse. (Westcot, Sarah) |
Filing 8 RETURN of service executed on 01/26/2021 by Tyler Toomey as to XRP II, LLC. (Westcot, Sarah) |
Filing 7 RETURN of service executed on 01/26/2021 by Tyler Toomey as to Ripple Labs, Inc.. (Westcot, Sarah) |
Filing 6 NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases listed in Rule 3.02(d). These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (CKS) |
Filing 5 AMENDED COMPLAINT pursuant to the Court's 1/27/21 Order against Bradley Garlinghouse, Ripple Labs, Inc., XRP II, LLC with Jury Demand. filed by Tyler Toomey. (Attachments: #1 Exhibit A)(Westcot, Sarah) |
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Filing 3 SUMMONS issued as to Bradley Garlinghouse, Ripple Labs, Inc., XRP II, LLC. (KEM) |
Filing 2 NEW CASE ASSIGNED to Judge Brian J. Davis and Magistrate Judge Joel B. Toomey. New case number: 3:21-cv-0093-J-39JBT. (SJB) |
Filing 1 COMPLAINT against Bradley Garlinghouse, Ripple Labs, Inc., XRP II, LLC with Jury Demand (Filing fee $ 402 receipt number 113A-17808431) filed by Tyler Toomey. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons)(Westcot, Sarah) Modified on 1/28/2021 as to Stricken per #4 Order. (KEM). |
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