NOWAK v. XAPO, INC. et al
DENNIS NOWAK |
XAPO (GIBRALTAR) LIMITED, JOHN DOES 1-10, XAPO, INC., INDODAX and PT INDODAX NASIONAL INDONESIA doing business as INDODAX, a foreign company |
5:2020cv03643 |
June 1, 2020 |
US District Court for the Northern District of California |
Beth Labson Freeman |
Susan van Keulen |
Other Fraud |
28 U.S.C. § 1332 |
Plaintiff |
Docket Report
This docket was last retrieved on March 10, 2021. A more recent docket listing may be available from PACER.
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Filing 63 REPLY (re #57 MOTION to Dismiss Notice of Motion and Motion by Defendants Xapo, Inc. and Xapo (Gibraltar) Limited to Dismiss Plaintiffs Amended Complaint; Memorandum of Points and Authorities ISO Motion to Dismiss ) filed byXAPO (GIBRALTAR) LIMITED, XAPO, INC.. (Ragland, Steven) (Filed on 3/10/2021) |
Filing 62 REPLY (re #54 MOTION to Dismiss *Defendant Pt Indodax Nasional Indonesia's Notice of Motion and Motion to Dismiss Amended Complaint; Memorandum of Points and Authorities in Support of Defendant Pt Indodax Nasional Indonesia's Motion to Dismiss Plaintif MOTION to Dismiss *Defendant Pt Indodax Nasional Indonesia's Notice of Motion and Motion to Dismiss Amended Complaint; Memorandum of Points and Authorities in Support of Defendant Pt Indodax Nasional Indonesia's Motion to Dismiss Plaintif MOTION to Dismiss *Defendant Pt Indodax Nasional Indonesia's Notice of Motion and Motion to Dismiss Amended Complaint; Memorandum of Points and Authorities in Support of Defendant Pt Indodax Nasional Indonesia's Motion to Dismiss Plaintif ) *Defendant Pt Indodax Nasional Indonesia's Reply to Plaintiff's Opposition to Defendant Indodax's Motion to Dismiss Amended Complaint* filed byPT INDODAX NASIONAL INDONESIA. (Hosie, Spencer) (Filed on 3/10/2021) |
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Filing 59 STIPULATION WITH PROPOSED ORDER Extending Deadline for Defendants to File Replies in Support of Motions to Dismiss filed by XAPO (GIBRALTAR) LIMITED, XAPO, INC.. (Attachments: #1 Declaration of Steven P. Ragland in Support of Stipulation and [Proposed] Order Extending Deadline for Defendants to File Replies in Support of Motion to Dismiss)(Ragland, Steven) (Filed on 2/22/2021) |
Filing 58 OPPOSITION/RESPONSE (re #54 MOTION to Dismiss *Defendant Pt Indodax Nasional Indonesia's Notice of Motion and Motion to Dismiss Amended Complaint; Memorandum of Points and Authorities in Support of Defendant Pt Indodax Nasional Indonesia's Motion to Dismiss Plaintif MOTION to Dismiss *Defendant Pt Indodax Nasional Indonesia's Notice of Motion and Motion to Dismiss Amended Complaint; Memorandum of Points and Authorities in Support of Defendant Pt Indodax Nasional Indonesia's Motion to Dismiss Plaintif MOTION to Dismiss *Defendant Pt Indodax Nasional Indonesia's Notice of Motion and Motion to Dismiss Amended Complaint; Memorandum of Points and Authorities in Support of Defendant Pt Indodax Nasional Indonesia's Motion to Dismiss Plaintif, #57 MOTION to Dismiss Notice of Motion and Motion by Defendants Xapo, Inc. and Xapo (Gibraltar) Limited to Dismiss Plaintiffs Amended Complaint; Memorandum of Points and Authorities ISO Motion to Dismiss ) PLAINTIFFS MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO: (1) DEFENDANTS XAPO, INC. AND XAPO (GIBRALTAL) LIMITEDS MOTION TO DISMISS AMENDED COMPLAINT; AND (2) DEFENDANT INDODAXS MOTION TO DISMISS AMENDED COMPLAINT filed byDENNIS NOWAK. (Reif, Brandon) (Filed on 2/17/2021) |
Filing 57 MOTION to Dismiss Notice of Motion and Motion by Defendants Xapo, Inc. and Xapo (Gibraltar) Limited to Dismiss Plaintiffs Amended Complaint; Memorandum of Points and Authorities ISO Motion to Dismiss filed by XAPO (GIBRALTAR) LIMITED, XAPO, INC.. Motion Hearing set for 5/27/2021 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 2/17/2021. Replies due by 2/24/2021. (Attachments: #1 Declaration Declaration of Julie Jo in Support of Motion By Defendants Xapo, Inc. and Xapo (Gibraltar) Limited to Dismiss Plaintiffs Amended Complaint, #2 Declaration Declaration of Albert Agius in Support of Motion By Defendants Xapo, Inc. and Xapo (Gibraltar) Limited to Dismiss Plaintiff's Amended Complaint; and Exhibit A, #3 Declaration Declaration of Jason S. George in Support of Motion to Dismiss; and Exhibit A, #4 Proposed Order [Proposed] Order GRANTING Motion by Defendants Xapo, Inc. and Xapo (Gibraltar) Limited to Dismiss Plaintiffs Amended Complaint)(Ragland, Steven) (Filed on 2/3/2021) |
Filing 56 Declaration of David C. Silver in Support of #55 STIPULATION WITH PROPOSED ORDER re #54 MOTION to Dismiss *Defendant Pt Indodax Nasional Indonesia's Notice of Motion and Motion to Dismiss Amended Complaint; Memorandum of Points and Authorities in Support of Defendant Pt Indodax Nasional filed by DENNIS NOWAK. (Related document(s) #55 ) (Reif, Brandon) (Filed on 1/27/2021) Modified on 1/28/2021 (sfbS, COURT STAFF). |
Filing 55 STIPULATION WITH PROPOSED ORDER re #54 MOTION to Dismiss *Defendant Pt Indodax Nasional Indonesia's Notice of Motion and Motion to Dismiss Amended Complaint; Memorandum of Points and Authorities in Support of Defendant Pt Indodax Nasional Indonesia's Motion to Dismiss Plaintiff filed by DENNIS NOWAK. (Reif, Brandon) (Filed on 1/27/2021) Modified on 1/28/2021 (sfbS, COURT STAFF). |
Filing 54 MOTION to Dismiss *Defendant Pt Indodax Nasional Indonesia's Notice of Motion and Motion to Dismiss Amended Complaint; Memorandum of Points and Authorities in Support of Defendant Pt Indodax Nasional Indonesia's Motion to Dismiss Plaintiff's Amended Complaint* filed by PT INDODAX NASIONAL INDONESIA. Motion Hearing set for 5/27/2021 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 1/28/2021. Replies due by 2/4/2021. (Attachments: #1 Declaration of Oscar Adam Darmawan, #2 Declaration of Spencer Hosie, #3 Exhibit A to Spencer Hosie Declaration, #4 Proposed Order)(Hosie, Spencer) (Filed on 1/14/2021) Modified on 1/14/2021 (sfbS, COURT STAFF). |
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Filing 52 STIPULATION WITH PROPOSED ORDER Extending Deadline for Defendants Xapo, Inc. and Xapo (Gibraltar) Limited to Respond to Amended Complaint filed by XAPO (GIBRALTAR) LIMITED, XAPO, INC.. (Attachments: #1 Declaration of Steven P. Ragland in Support of Stipulation and [Proposed] Order Extending Deadline for Defendants Xapo, Inc. and Xapo (Gibraltar) Limited to Respond to Amended Complaint)(Ragland, Steven) (Filed on 12/30/2020) |
Filing 51 AMENDED COMPLAINT against All Defendants. Filed byDENNIS NOWAK. (Reif, Brandon) (Filed on 12/21/2020) |
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Filing 48 STIPULATION WITH PROPOSED ORDER EXTENDING DEADLINES filed by XAPO (GIBRALTAR) LIMITED, XAPO, INC.. (Attachments: #1 Declaration of Steve Ragland in Support of Stipulation)(Ragland, Steven) (Filed on 11/20/2020) |
Filing 47 Transcript of Proceedings held on 11/12/2020, before Judge Beth Labson Freeman. Court Reporter/Transcriber Summer Fisher, telephone number summer_fisher@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #46 Transcript Order ) Redaction Request due 12/10/2020. Redacted Transcript Deadline set for 12/21/2020. Release of Transcript Restriction set for 2/17/2021. (Related documents(s) #46 ) (Fisher, Summer) (Filed on 11/19/2020) |
Filing 46 TRANSCRIPT ORDER for proceedings held on 11/12/2020 before Judge Beth Labson Freeman by XAPO, INC., for Court Reporter Summer Fisher. (Ragland, Steven) (Filed on 11/19/2020) |
Filing 44 TRANSCRIPT ORDER for proceedings held on November 12, 2020 before Judge Beth Labson Freeman by INDODAX, for Court Reporter Summer Fisher. (Hosie, Spencer) (Filed on 11/16/2020) |
Filing 43 TRANSCRIPT ORDER for proceedings held on 11/12/2020 before Judge Beth Labson Freeman by XAPO, INC., for Court Reporter Summer Fisher. (Ragland, Steven) (Filed on 11/16/2020) |
Filing 45 Minute Entry for proceedings held before Judge Beth Labson Freeman: Motion Hearing held on 11/12/2020 re #22 MOTION to Dismiss filed by XAPO, INC. Total Time in Court: 14 Minutes. Court Reporter: Summer Fisher. Plaintiff Attorney: David Silver via Zoom Webinar. Defendant Attorney: Victor Chiu, Steven Ragland via Zoom Webinar. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tshS, COURT STAFF) (Date Filed: 11/12/2020) |
Filing 42 CLERKS NOTICE CONVERTING MOTION HEARING TO ZOOM WEBINAR. Motion Hearing as to #22 MOTION to Dismiss set for 11/12/2020 09:00 AM before Judge Beth Labson Freeman will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/blf Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at blfcrd@cand.uscourts.gov no later than November 11, 2020 at 2:00 PM PST.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. Th ere is no document associated with this entry.) (tshS, COURT STAFF) (Filed on 11/6/2020) |
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Filing 40 STIPULATION *Stipulation Extending PT Indodax Nasional Indonesia's Deadline to Answer or Otherwise Respond to the Complaint* filed by INDODAX. (Atkinson, Darrell) (Filed on 10/28/2020) |
Filing 39 NOTICE of Appearance by Darrell Rae Atkinson *Notice of Special Appearance of Darrell R. Atkinson on Behalf of Defendant PT Indodax Nasional Indonesia* (Atkinson, Darrell) (Filed on 10/28/2020) |
Filing 38 NOTICE of Appearance by Diane Sue Rice *Notice of Special Appearance of Diane S. Rice on Behalf of Defendant PT Indodax Nasional Indonesia* (Rice, Diane) (Filed on 10/28/2020) |
Filing 37 Certificate of Interested Entities by INDODAX identifying Corporate Parent PT Indodax Nasional Indonesia for INDODAX. *Defendant PT Indodax Nasional Indonesia's Certificate of Interested Entities or Persons and Corporate Disclosure Statement* (Hosie, Spencer) (Filed on 10/28/2020) |
Filing 36 NOTICE of Appearance by Spencer Hosie *Notice of Special Appearance of Spencer Hosie on Behalf of Defendant PT Indodax Nasional Indonesia* (Hosie, Spencer) (Filed on 10/28/2020) |
Filing 35 NOTICE by DENNIS NOWAK re #29 Order on Motion for Leave to File SERVICE OF PROCESS ON INDODAX (Attachments: #1 Declaration of David C. Silver in Support of Plaintiff's Notice of Service of Process on Indodax)(Reif, Brandon) (Filed on 10/13/2020) |
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Filing 33 OPPOSITION/RESPONSE (re #32 ADMINISTRATIVE MOTION to Enlarge Time to Respond to Complaint re #1 Complaint ) filed byDENNIS NOWAK. (Attachments: #1 Declaration DECLARATION OF DAVID C. SILVER IN SUPPORT OF PLAINTIFFS MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO DEFENDANT XAPO (GIBRALTAR) LIMITEDS ADMINISTRATIVE MOTION TO ENLARGE TIME TO RESPOND TO COMPLAINT, #2 Proposed Order [PROPOSED] ORDER GRANTING IN PART, AND DENYING IN PART, DEFENDANT XAPO (GIBRALTAR) LIMITEDS ADMINISTRATIVE MOTION TO ENLARGE TIME TO RESPOND TO COMPLAINT)(Reif, Brandon) (Filed on 10/6/2020) |
Filing 32 ADMINISTRATIVE MOTION to Enlarge Time to Respond to Complaint re #1 Complaint filed by XAPO (GIBRALTAR) LIMITED. Responses due by 10/6/2020. (Attachments: #1 Declaration of Steven P. Ragland in Support of Defendant Xapo (Gibraltar) Limited's Administrative Motion to Enlarge Time to Respond to Complaint, #2 Proposed Order Granting Administrative Motion of Defendant Xapo (Gibraltar) Limited to Enlarge Time to Respond to Complaint)(Ragland, Steven) (Filed on 10/2/2020) |
Filing 31 Rule 7.1 Disclosures by XAPO (GIBRALTAR) LIMITED and Civil Local Rule 3-15 Certification of Interested Entities or Persons (Ragland, Steven) (Filed on 10/2/2020) |
Filing 30 NOTICE of Appearance by Steven Paul Ragland Specially Appearing as Counsel for Xapo (Gibraltar) Limited (Ragland, Steven) (Filed on 10/2/2020) |
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Filing 28 REPLY (re #22 MOTION to Dismiss ) filed by XAPO, INC. (Ragland, Steven) (Filed on 8/19/2020) Modified on 8/19/2020 (sfbS, COURT STAFF). |
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Filing 26 OPPOSITION/RESPONSE (re #22 MOTION to Dismiss ) filed byDENNIS NOWAK. (Reif, Brandon) (Filed on 8/12/2020) |
Filing 25 MOTION for Leave to File and Effect ALTERNATIVE SERVICE ON DEFENDANTS XAPO (GIBRALTAR) LIMITED AND INDODAX filed by DENNIS NOWAK. (Attachments: #1 Declaration OF DAVID C. SILVER IN SUPPORT OF PLAINTIFFS MOTION FOR LEAVE TO EFFECT ALTERNATIVE SERVICE ON DEFENDANTS XAPO (GIBRALTAR) LIMITED AND INDODAX)(Reif, Brandon) (Filed on 8/11/2020) |
Filing 24 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Reif, Brandon) (Filed on 8/11/2020) |
Filing 23 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Ragland, Steven) (Filed on 8/11/2020) |
Filing 22 MOTION to Dismiss filed by XAPO, INC.. Motion Hearing set for 11/12/2020 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 8/12/2020. Replies due by 8/19/2020. (Attachments: #1 Proposed Order)(Ragland, Steven) (Filed on 7/29/2020) |
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Filing 20 Second MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14579231.) Filing fee previously paid on 06/15/2020 filed by DENNIS NOWAK. (Attachments: #1 Exhibit Certificate of Good Standing)(Silver, David) (Filed on 6/25/2020) |
Filing 19 APPROVING #17 JOINT STIPULATION EXTENDING DEFENDANT XAPO, INC.S TIME TO RESPOND TO COMPLAINT. Signed by Judge Beth Labson Freeman on 6/17/2020. (blflc2S, COURT STAFF) (Filed on 6/17/2020) |
Filing 18 Corporate Disclosure Statement by XAPO, INC. identifying Corporate Parent Xapo Holdings Limited for XAPO, INC.. (Ragland, Steven) (Filed on 6/16/2020) |
Filing 17 STIPULATION [Joint] Extending Defendant Xapo, Inc.'s Time to Respond to Complaint filed by XAPO, INC.. (Ragland, Steven) (Filed on 6/16/2020) |
Filing 16 NOTICE of Appearance by Jason S George on Behalf of Defendant Xapo, Inc. (George, Jason) (Filed on 6/16/2020) |
Filing 15 NOTICE of Appearance by Victor T. Chiu on Behalf of Defendant Xapo, Inc. (Chiu, Victor) (Filed on 6/16/2020) |
Filing 14 NOTICE of Appearance by Erin E. Meyer on Behalf of Defendant Xapo, Inc. (Meyer, Erin) (Filed on 6/16/2020) |
Filing 13 NOTICE of Appearance by Steven Paul Ragland on Behalf of Defendant Xapo, Inc. (Ragland, Steven) (Filed on 6/16/2020) |
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Filing 11 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. (jhfS, COURT STAFF) (Filed on 6/15/2020) |
Filing 10 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by DENNIS NOWAK.. (Reif, Brandon) (Filed on 6/15/2020) |
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Filing 8 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14579231.) filed by DENNIS NOWAK. (Attachments: #1 Exhibit Certificate of Good Standing)(Silver, David) (Filed on 6/15/2020) |
Filing 7 Summons Issued as to XAPO, INC.. (cv, COURT STAFF) (Filed on 6/2/2020) |
Filing 6 Summons Issued as to INDODAX. (cv, COURT STAFF) (Filed on 6/2/2020) |
Filing 5 Summons Issued as to XAPO (GIBRALTAR) LIMITED. (cv, COURT STAFF) (Filed on 6/2/2020) |
Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 8/25/2020. Initial Case Management Conference set for 9/1/20 09:30 AM in San Jose, Courtroom 6, 4th Floor. (cv, COURT STAFF) (Filed on 6/2/2020) Modified on 6/2/2020 (cv, COURT STAFF). |
Filing 3 Civil Cover Sheet by DENNIS NOWAK . (Reif, Brandon) (Filed on 6/2/2020) |
#Electronic filing error. Case has been randomly assigned to judge, however incorrect Civil Cover Sheet CAND 44 (Rev. 09/19) used at case opening. Please complete correct Civil Cov er Sheet JS-CAND 44 (Rev. 07/19) and file amended document as a separate docket entry Re: #1 . #1 Complaint filed by DENNIS NOWAK (bwS, COURT STAFF) (Filed on 6/2/2020) |
Filing 2 Case assigned to Magistrate Judge Susan van Keulen. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 6/15/2020. (bwS, COURT STAFF) (Filed on 6/1/2020) |
Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400, receipt number 0971-14526908.). Filed byDENNIS NOWAK. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons)(Reif, Brandon) (Filed on 6/1/2020) |
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