Founders Bay Holdings et al v. Leonite Capital, LLC et al
| Founders Bay Holdings and Founders Bay Technologies Inc. |
| Leonite Capital, LLC, Craft Capital Management, LLC, Inc., Avi Geller, Barry Kiront and Stephen Kiront |
| 1:2022cv01453 |
| November 4, 2022 |
| US District Court for the District of Delaware |
| Timothy Belcher Dyk |
| Securities/Commodities |
| Plaintiff |
Docket Report
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| Case associated with lead case: 22-cv-1547-TBD. All docketing shall be done in the lead case ONLY. (smg) |
Filing 23
SO ORDERED, regarding D.I. #22 Stipulation filed by Avi Geller, Leonite Capital, LLC. Signed by Judge Timothy Belcher Dyk on 12/16/2022. (apk)
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| Filing 22 STIPULATION and (Proposed) Order to Consolidate Related Cases by Avi Geller, Leonite Capital, LLC. (Stuhlman, Gregory) |
| Filing 21 NOTICE of Appearance by Benjamin A. Smyth on behalf of All Plaintiffs (Smyth, Benjamin) |
| Pro Hac Vice Attorney Jacques P. Lerner and Mark R. Basile for Founders Bay Holdings and Founders Bay Technologies Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb) |
| Filing 20 ANSWER to #1 Complaint, with 12 Jury Demand by Craft Capital Management, LLC, Inc., Barry Kiront, Stephen Kiront.(Brown, Glenn) |
| Case Reassigned to Judge Timothy Belcher Dyk of the United States Court of Appeals for the Federal Circuit. Please include the initials of the Judge (TBD) after the case number on all documents filed. Associated Cases: 1:22-cv-01453-TBD, 1:22-cv-01547-TBD (rjb) |
| Filing 19 MOTION for Pro Hac Vice Appearance of Attorney Roderick F Coleman - filed by Craft Capital Management, LLC, Inc., Barry Kiront, Stephen Kiront. (Brown, Glenn) |
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SO ORDERED, re #19 MOTION for Pro Hac Vice Appearance of Attorney Roderick F Coleman filed by Craft Capital Management, LLC, Inc., Barry Kiront, Stephen Kiront. Signed by Judge Gregory B. Williams on 11/22/22. (ntl)
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| Filing 18 AFFIDAVIT of Service for Summons, Complaint and related papers served on Barry Kiront on November 18, 2022, filed by Founders Bay Holdings, Founders Bay Technologies Inc.. (Attachments: #1 Exhibit A-B)(Joyce, Alexandra) |
| Filing 17 AFFIDAVIT of Service for Summons, Complaint and related papers served on Stephen Kiront on November 8, 2022, filed by Founders Bay Holdings, Founders Bay Technologies Inc.. (Attachments: #1 Exhibit A-B)(Joyce, Alexandra) |
| Filing 16 AFFIDAVIT of Service for Summons, Complaint and related papers served on Avi Geller on November 8, 2022, filed by Founders Bay Holdings, Founders Bay Technologies Inc.. (Attachments: #1 Exhibit A-B)(Joyce, Alexandra) |
| Filing 15 AFFIDAVIT of Service for Summons, Complaint and related papers served on Craft Capital Management, LLC on November 8, 2022, filed by Founders Bay Holdings, Founders Bay Technologies Inc.. (Attachments: #1 Exhibit A-B)(Joyce, Alexandra) |
| Filing 14 AFFIDAVIT of Service for Summons, Complaint and related papers served on Leonite Capital, LLC on November 8, 2022, filed by Founders Bay Holdings, Founders Bay Technologies Inc.. (Attachments: #1 Exhibit A-B)(Joyce, Alexandra) |
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SO ORDERED, re #12 MOTION for Pro Hac Vice Appearance of Attorney Mark R. Basile and Jacques P. Lerner filed by Founders Bay Holdings, Founders Bay Technologies Inc. Signed by Judge Gregory B. Williams on 11/14/22. (ntl)
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Filing 13
ORAL ORDER: The Court has reviewed the Plaintiffs' Motion for Emergency Ex Parte Temporary Restraining Order ("TRO") and Preliminary Injunction (the "Motion") (D.I. 9) and the exhibits thereto. The Court finds that the Plaintiffs have failed to present "specific facts" that "clearly show that immediate and irreparable injury, loss or damages will result to the movant before the adverse party can be heard in opposition...." Fed. R. Civ. P. 65(b)(1)(A). The Court notes that Plaintiffs received the "Disposition" that threatened the alleged sale of "collateral" on or after November 13, 2022 on October 24, 2022, D.I. 11-1 at 110. Plaintiffs waited until November 4, 2022 to file their Complaint, D.I. 1, and thereafter waited until today, November 10, 2022, to file their Motion, D.I. 9. Such a delay indicates a lack of urgency in this matter to the Court. The Court also finds that Plaintiffs have failed to allege sufficient specific facts that would demonstrate a threat of bankruptcy from the alleged sale of the collateral, since Plaintiffs' only evidence of likely bankruptcy is a recitation of the assets to be sold and a statement in a declaration that bankruptcy would be "highly likely" if the sale occurs. See D.I. 11 27; D.I. 10 at 3 (citing only D.I. 11 27). Plaintiffs also have failed to clearly show that they would likely succeed on the merits. Therefore, IT IS HEREBY ORDERED that Plaintiffs' Motion is DENIED. It is HEREBY FURTHER ORDERED that Plaintiffs shall update the Court forthwith on Plaintiffs' efforts to serve Defendants. ORDERED by Judge Gregory B. Williams on 11/10/22. (ntl)
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| Filing 12 MOTION for Pro Hac Vice Appearance of Attorney Mark R. Basile and Jacques P. Lerner - filed by Founders Bay Holdings, Founders Bay Technologies Inc.. (Joyce, Alexandra) |
| Filing 11 DECLARATION re #9 Emergency MOTION for Temporary Restraining Order (Ex Parte) and Preliminary Injunction, #10 Opening Brief in Support, of Michael Thomas by Founders Bay Holdings, Founders Bay Technologies Inc.. (Attachments: #1 Exhibit A-D)(Joyce, Alexandra) |
| Filing 10 OPENING BRIEF in Support re #9 Emergency MOTION for Temporary Restraining Order (Ex Parte) and Preliminary Injunction filed by Founders Bay Holdings, Founders Bay Technologies Inc..Answering Brief/Response due date per Local Rules is 11/28/2022. (Joyce, Alexandra) |
| Filing 9 Emergency MOTION for Temporary Restraining Order (Ex Parte) and Preliminary Injunction - filed by Founders Bay Holdings, Founders Bay Technologies Inc.. (Attachments: #1 Text of Proposed Order, #2 Fed.R.Civ.P. 65(b)1) Certification of Counsel)(Joyce, Alexandra) |
| Case Assigned to Judge Gregory B. Williams. Please include the initials of the Judge (GBW) after the case number on all documents filed. (rjb) |
| Filing 8 Summons Issued as to Leonite Capital, LLC on 11/4/2022. (vfm) |
| Filing 7 Summons Issued as to Stephen Kiront on 11/4/2022. (vfm) |
| Filing 6 Summons Issued as to Avi Geller on 11/4/2022. (vfm) |
| Filing 5 Summons Issued as to Barry Kiront on 11/4/2022. (vfm) |
| Filing 4 Summons Issued as to Craft Capital Management, LLC, Inc. on 11/4/2022. (vfm) |
| Filing 3 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Founders Bay Holdings, Founders Bay Technologies Inc.. (vfm) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (vfm) |
| Filing 1 COMPLAINT filed with Jury Demand against All Defendants ( Filing fee $ 402, receipt number BDEDC-3998970.) - filed by Founders Bay Technologies Inc., Founders Bay Holdings. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Civil Cover Sheet) (vfm) |
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