Sizemore et al v. Zhao et al
| Michael Sizemore, Rudy Vazquez, Mikey Vongdara and Gordon Lewis |
| Changpeng Zhao, Binance Holdings Limited, Binance Holdings (IE) Limited, Binance (Services) Holdings Limited, BAM Trading Services Inc., Jimmy Butler, Graham Stephan, Ben Armstrong, Binance Holdings (IE) Limited ("Binance IE"), Binance (Services) Holdings Limited ("Binance Services"), BAM Management U.S. Holdings, Inc and Paxos Trust Company, LLC |
| 1:2023cv21261 |
| March 31, 2023 |
| U.S. District Court for the Southern District of Florida |
| Roy K Altman |
| Lisette M Reid |
| Other Fraud |
| 28 U.S.C. § 1332 - Diversity: Securities Fraud |
| Plaintiff |
Docket Report
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| Filing 164 TRANSCRIPT of Status Conference held on 9-21-23 before Judge Roy K. Altman, Volume Number 1 of 1, 1-37 pages, Court Reporter: Francine Salopek, 305-301-3276 / mjsfcs@aol.com. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter Francine Salopek before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter Francine Salopek or PACER. Redaction Request due 10/16/2023. Redacted Transcript Deadline set for 10/26/2023. Release of Transcript Restriction set for 12/27/2023. (fs) |
Filing 163
ORDER GRANTING JOINT MOTION FOR STAY AS TO BEN ARMSTRONG: re #159 Motion to Stay. Signed by Judge Roy K. Altman on 9/25/2023. See attached document for full details. (pc)
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| Filing 162 CLERK'S NOTICE Noting Appearance of Melanie Blunschi re 160 PAPERLESS Minute Entry for proceedings held before Judge Roy K. Altman: Status Conference and Motion Hearing held on September 21, 2023. (bb) |
| Set/Reset Deadlines/Hearings per DE 161 Order re #135 MOTION to Compel Arbitration or, in the Alternative, MOTION TO DISMISS #100 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM , #134 MOTION to Compel Arbitration or, in the alternative, MOTION TO DISMISS #100 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM , #132 MOTION to Compel Arbitration or, in the Alternative MOTION to Dismiss #100 Amended Complaint/Amended Notice of Removal, . Responses due by 11/6/2023 Replies due by 12/6/2023. (amb) |
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Filing 161
PAPERLESS ORDER granting in part and denying in part #155 the Plaintiffs' Motion to Request a Status Conference, Clarify Stay Order #144 , and Extend Briefing Schedule #141 . On September 21, 2023, we held a hearing, at which we heard the arguments of counsel. See Minute Entry 160 . For the reasons stated in open court at that hearing, we hereby GRANT in part the Plaintiffs' Motion to Request a Status Conference #155 to the extent that we extend the deadline for them to respond to the Defendants' Motions to Compel or Dismiss #132 #134 #135 . The Plaintiffs must respond to those motions by November 6, 2023, and the Defendants must reply by December 6, 2023. The Motion to Request a Status Conference #155 is DENIED in all other respects. Signed by Judge Roy K. Altman on 9/21/2023. (tbr)
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| Filing 160 PAPERLESS Minute Entry for proceedings held before Judge Roy K. Altman: Status Conference and Motion Hearing held on September 21, 2023, regarding #155 Plaintiffs' Motion to Request a Status Conference, Clarify Stay Order #144 , and Extend Briefing Schedule #141 . Total time in court: 30 minutes. Attorney Appearances: Adam Michael Foslid, Aaron Stenzler Weiss, Joseph E. Gallo, Christopher N. Lavigne, David Alan Rothstein, Eshaba Jahir-Sharuz, Adam M. Moskowitz, Jeffrey Eldridge Marcus, Steven M. Farina, Joseph M. Kaye, Tyler Evan Ulrich, Jose Manuel Ferrer, Howard Mitchell Bushman, Melanie Blunschi. Court Reporter: Francine Salopek, 305-301-3276 / mjsfcs@aol.com. (tbr) Modified on text on 9/22/2023 to add attorney Melanie Blunschi re Attorney Appearance (bb). |
| Filing 159 Joint MOTION to Stay JOINT MOTION FOR STAY AS TO DEFENDANT BEN ARMSTRONG PENDING APPROVAL OF SETTLEMENT AGREEMENT AND NOTICE OF SETTLEMENT by Gordon Lewis, Michael Sizemore, Rudy Vazquez, Mikey Vongdara. Responses due by 10/4/2023 (Attachments: #1 Text of Proposed Order)(Moskowitz, Adam) |
| Filing 158 REPLY to Response to Motion re #155 MOTION REQUEST A STATUS CONFERENCE re #144 Order on Motion to Stay MOTION for clarification MOTION for Extension of Time BRIEFING SCHEDULE - PLAINTIFFS MOTION TO REQUEST A STATUS CONFERENCE, CLARIFY STAY ORDER [ECF NO. 144], AND EXTEND BRIEFING SCHEDULE [ECF NO. 141] re #141 Order on Motion for Miscellaneous Relief, filed by Gordon Lewis, Michael Sizemore, Rudy Vazquez, Mikey Vongdara. (Moskowitz, Adam) |
| Filing 157 RESPONSE to Motion re #155 MOTION REQUEST A STATUS CONFERENCE re #144 Order on Motion to Stay MOTION for clarification MOTION for Extension of Time BRIEFING SCHEDULE - PLAINTIFFS MOTION TO REQUEST A STATUS CONFERENCE, CLARIFY STAY ORDER [ECF NO. 144], AND EXTEND BRIEFING SCHEDULE [ECF NO. 141] re #141 Order on Motion for Miscellaneous Relief, filed by Ben Armstrong, BAM Management U.S. Holdings, Inc, BAM Trading Services Inc., Binance (Services) Holdings Limited ("Binance Services"), Binance Holdings (IE) Limited ("Binance IE"), Binance Holdings Limited, Jimmy Butler, Paxos Trust Company, LLC, Changpeng Zhao. Replies due by 9/15/2023. (Attachments: #1 Exhibit 1 - Email Exchange)(Weiss, Aaron) |
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Filing 156
ORDER granting in part #155 THE PLAINTIFFS MOTION TO REQUEST A STATUS CONFERENCE, CLARIFY STAY ORDER [ECF NO. 144], AND EXTEND BRIEFING SCHEDULE [ECF NO. 141]. Signed by Judge Roy K. Altman on 9/7/2023. See attached document for full details. (pc)
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| Set Hearings Status Conference Re: Motions DE #155 set for 9/21/2023 02:00 PM in Miami Division before Judge Roy K. Altman. (per Order DE #156 ). (pc) |
| Filing 155 MOTION REQUEST A STATUS CONFERENCE re #144 Order on Motion to Stay , MOTION for clarification ( Responses due by 9/19/2023), MOTION for Extension of Time BRIEFING SCHEDULE - PLAINTIFFS MOTION TO REQUEST A STATUS CONFERENCE, CLARIFY STAY ORDER [ECF NO. 144], AND EXTEND BRIEFING SCHEDULE [ECF NO. 141] re #141 Order on Motion for Miscellaneous Relief, ( Responses due by 9/19/2023) by Gordon Lewis, Michael Sizemore, Rudy Vazquez, Mikey Vongdara. (Attachments: #1 Text of Proposed Order)(Moskowitz, Adam) |
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Filing 154
PAPERLESS ORDER granting #152 the Unopposed Motion to Withdraw as Counsel. The Clerk of Court is directed to TERMINATE Michael Celio, Mary Beth Maloney, and Gibson, Dunn & Crutcher as counsel of record for the Defendants Binance Holdings Limited, Binance Holdings (IE) Limited, and Binance (Services) Holdings Limited on the docket. Signed by Judge Roy K. Altman on 8/23/2023. (mg01)
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Filing 153
PAPERLESS ORDER granting #151 the Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Joseph Gallo may appear and participate in this action on behalf of the Defendants Binance Holdings Limited, Binance Holdings (IE) Limited, and Binance (Services) Holdings Limited. The Clerk shall provide electronic notification of all electronic filings to joseph.gallo@withersworldwide.com. Signed by Judge Roy K. Altman on 8/21/2023. (mg01)
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| Filing 152 Unopposed MOTION to Withdraw as Attorney by Michael Celio and Mary Beth Maloney for / by Binance (Services) Holdings Limited ("Binance Services"), Binance Holdings (IE) Limited ("Binance IE"), Binance Holdings Limited. Responses due by 9/5/2023 (Attachments: #1 Text of Proposed Order)(Weiss, Aaron) |
| Filing 151 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Joseph Gallo. Pay.gov Agency Tracking ID FLSDC-16856475. Filing Fee $ 200.00 by Binance (Services) Holdings Limited ("Binance Services"), Binance Holdings (IE) Limited ("Binance IE"), Binance Holdings Limited. Responses due by 9/5/2023 (Attachments: #1 Exhibit 1 - Certification of Joseph Gallo, #2 Exhibit 2 - Proposed Order)(Weiss, Aaron) |
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Filing 150
PAPERLESS ORDER denying without prejudice #148 the Motion to Appear Pro Hac Vice as to Joseph Gallo for failure to comply with Local Rule 4(b) of the Rules Governing the Admission, Practice, Peer Review, and Discipline of Attorneys. The Motion refers to Mr. Gallo, but the attached Certification names another lawyer, Christopher Lavigne. Counsel for the Defendants may refile the Motion, but must provide the correct lawyer's Certification. Signed by Judge Roy K. Altman on 8/21/2023. (mg01)
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Filing 149
PAPERLESS ORDER granting #147 the Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Christopher LaVigne may appear and participate in this action on behalf of the Defendants Binance Holdings Limited, Binance Holdings (IE) Limited, and Binance (Services) Holdings Limited. The Clerk shall provide electronic notification of all electronic filings to christopher.lavigne@withersworldwide.com. Signed by Judge Roy K. Altman on 8/21/2023. (mg01)
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| Attorney Joseph E. Gallo representing Binance Holdings Limited (Defendant)and Binance Holdings (IE) Limited ("Binance IE") (Defendant) and Binance (Services) Holdings Limited ("Binance Services") (Defendant); Activated. (pt) |
| Filing 148 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Joseph Gallo. Filing Fee $ 200.00 Receipt # AFLSDC-16856475 by Binance (Services) Holdings Limited ("Binance Services"), Binance Holdings (IE) Limited ("Binance IE"), Binance Holdings Limited. Responses due by 9/5/2023 (Attachments: #1 Exhibit 1 - Certification of Joseph Gallo, #2 Exhibit 2 - Proposed Order)(Weiss, Aaron) |
| Filing 147 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Christopher LaVigne. Filing Fee $ 200.00 Receipt # AFLSDC-16856473 by Binance (Services) Holdings Limited ("Binance Services"), Binance Holdings (IE) Limited ("Binance IE"), Binance Holdings Limited. Responses due by 9/5/2023 (Attachments: #1 Exhibit 1 - Certification of Christopher LaVigne, #2 Exhibit 2 - Proposed Order)(Weiss, Aaron) |
| Deadline(s)/Hearing(s) terminated. The August 23, 2023 Discovery Hearing #145 is canceled. (ama) |
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Filing 146
PAPERLESS ORDER STRIKING #145 Notice re Hearing by Attorney. The Notice of Hearing does not include a numerical list specifying the substance of each discovery matter to be heard as required by the Court's Standing Discovery Order. See https://www.flsd.uscourts.gov/sites/flsd/files/Discovery%20Procedures%20Sample% 20Order%20.pdf. Once the Court enters an order resetting the discovery hearing, Movant shall file a proper notice of hearing. Signed by Magistrate Judge Lisette M. Reid on 8/17/2023. (ama)
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| Filing 145 Stricken per Order DE#146-NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 8/23/2023 09:30 AM in Miami Division before Magistrate Judge Lisette M. Reid. (Moskowitz, Adam) Modified text on 8/18/2023 (drz). |
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Filing 144
ORDER granting in part and denying in part #133 Motion to Stay Discovery and for Protective Order; Staying and Closing Case. Signed by Judge Roy K. Altman on 8/7/2023. See attached document for full details. (ls)
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| Case Stayed, Civil Case Terminated. Closing Case. (ls) |
| Filing 143 REPLY to Response to Motion re #133 Defendant's MOTION to Stay Discovery AND FOR PROTECTIVE ORDER PENDING RESOLUTION OF MOVANTS MOTION TO COMPEL ARBITRATION OR, IN THE ALTERNATIVE, TO DISMISS PLAINTIFFS AMENDED COMPLAINT filed by Ben Armstrong, BAM Management U.S. Holdings, Inc, BAM Trading Services Inc., Binance (Services) Holdings Limited ("Binance Services"), Binance Holdings (IE) Limited ("Binance IE"), Binance Holdings Limited, Jimmy Butler, Paxos Trust Company, LLC, Changpeng Zhao. (Weiss, Aaron) |
| Set Deadlines as to #135 MOTION to Compel Arbitration or, in the Alternative, MOTION TO DISMISS #100 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM . Responses due by 9/14/2023 Replies due by 9/28/2023. (ls)(per DE #141 ) |
| Filing 142 RESPONSE in Opposition PLAINTIFFS RESPONSE IN OPPOSITION TO DEFENDANTS #133 MOTION FOR A STAY OF DISCOVERY AND FOR PROTECTIVE ORDER AND REQUEST FOR ORAL ARGUMENT filed by Gordon Lewis, Michael Sizemore, Rudy Vazquez, Mikey Vongdara. Replies due by 8/7/2023. (Moskowitz, Adam) Link Modified on 8/1/2023 (scn). |
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Filing 141
ORDER SETTING BRIEFING SCHEDULE granting #138 Joint Agreed Motion for Briefing Schedule on Pending Motions to Compel and Dismiss. Responses due by 9/14/2023 Replies due by 9/28/2023. Signed by Judge Roy K. Altman on 7/31/2023. See attached document for full details. (drz)
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| Filing 140 NOTICE of Compliance by Jimmy Butler re 137 Order on Motion for Leave to File, (Rothstein, David) |
| Filing 139 NOTICE OF CONVENTIONAL FILING of Thumb Drive re #135 MOTION to Compel Arbitration or, in the Alternative, MOTION TO DISMISS #100 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM by Jimmy Butler (ls) |
| Filing 138 Joint MOTION FOR BRIEFING SCHEDULE ON PENDING MOTIONS TO COMPEL AND DISMISS re #134 MOTION to Compel Arbitration or, in the alternative, MOTION TO DISMISS #100 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM , #132 MOTION to Compel Arbitration or, in the Alternative MOTION to Dismiss #100 Amended Complaint/Amended Notice of Removal, , #135 MOTION to Compel Arbitration or, in the Alternative, MOTION TO DISMISS #100 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM by Gordon Lewis, Michael Sizemore, Rudy Vazquez, Mikey Vongdara. (Attachments: #1 Text of Proposed Order)(Moskowitz, Adam) |
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Filing 137
PAPERLESS ORDER granting #136 the Defendant's Motion for Leave to Conventionally File an Exhibit. The Defendant shall conventionally file a USB drive containing the video exhibit with the Clerk of Court. He must then file a notice of compliance on the docket. Signed by Judge Roy K. Altman on 7/25/2023. (mg01)
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| Filing 136 Unopposed MOTION for Leave to File Video Exhibits by Jimmy Butler. (Attachments: #1 Text of Proposed Order)(Rothstein, David) |
| Filing 135 MOTION to Compel Arbitration or, in the Alternative, ( Responses due by 8/7/2023), MOTION TO DISMISS #100 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM by Jimmy Butler. (Attachments: #1 Declaration of Douglas P. Baumstein)(Rothstein, David) |
| Filing 134 MOTION to Compel Arbitration or, in the alternative, ( Responses due by 8/7/2023), MOTION TO DISMISS #100 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM by Paxos Trust Company, LLC. (Marcus, Jeffrey) |
| Filing 133 Defendant's MOTION to Stay Discovery AND FOR PROTECTIVE ORDER PENDING RESOLUTION OF MOVANTS MOTION TO COMPEL ARBITRATION OR, IN THE ALTERNATIVE, TO DISMISS PLAINTIFFS AMENDED COMPLAINT by Ben Armstrong, BAM Management U.S. Holdings, Inc, BAM Trading Services Inc., Binance (Services) Holdings Limited ("Binance Services"), Binance Holdings (IE) Limited ("Binance IE"), Binance Holdings Limited, Jimmy Butler, Paxos Trust Company, LLC, Changpeng Zhao. Responses due by 7/31/2023 (Attachments: #1 Text of Proposed Order)(Weiss, Aaron) |
| Filing 132 MOTION to Compel Arbitration or, in the Alternative ( Responses due by 7/31/2023), MOTION to Dismiss #100 Amended Complaint/Amended Notice of Removal, by Ben Armstrong, BAM Management U.S. Holdings, Inc, BAM Trading Services Inc., Binance (Services) Holdings Limited ("Binance Services"), Binance Holdings (IE) Limited ("Binance IE"), Binance Holdings Limited, Changpeng Zhao. (Attachments: #1 Exhibit 1 - Table of Allegations, #2 Exhibit 2 - Transcript of TRO Hearing, #3 Declaration of Christopher Blodgett, #4 Exhibit 1 to Blodgett Declaration - June 2023 Terms of Use, #5 Exhibit 2 to Blodgett Declaration - Sign Up Page, #6 Exhibit 3 to Blodgett Declaration - October 30, 2020 Terms of Use, #7 Exhibit 4 to Blodgett Declaration - April 26, 2021 Terms of Use, #8 Exhibit 5 to Blodgett Declaration - May 30, 2022 Terms of Use, #9 Exhibit 6 to Blodgett Declaration - September 7, 2022 Terms of Use, #10 Exhibit 7 to Blodgett Declaration - December 7, 2022 Terms of Use, #11 Exhibit 8 to Blodgett Declaration - Update Notification Email)(Weiss, Aaron) |
| Reset Deadlines Per DE#131. Dispositive Motions due by 7/24/2023. (cqs) |
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Filing 131
PAPERLESS ORDER granting #125 the Defendant Paxos Trust Company LLC's Motion for Leave to File a Separate Motion to Dismiss. Paxos may file its motion to dismiss by July 24, 2023. Signed by Judge Roy K. Altman on 7/13/2023. (mg01)
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| Filing 130 Corrected Corporate Disclosure Statement by Paxos Trust Company, LLC identifying Corporate Parent Paxos Holdings LLC, Corporate Parent Kabompo Holdings, Ltd. for Paxos Trust Company, LLC (Marcus, Jeffrey) |
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Filing 129
PAPERLESS ORDER granting #123 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Melissa B. Collins. The Clerk of Court shall provide electronic notification of all electronic filing to Melissa B. Collins at mcollins@wc.com. Signed by Magistrate Judge Lisette M. Reid on 7/13/2023. (ama)
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Filing 128
PAPERLESS ORDER granting #122 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney John Williams. The Clerk of Court shall provide electronic notification of all electronic filing to John Williams at jwilliams@wc.com. Signed by Magistrate Judge Lisette M. Reid on 7/13/2023. (ama)
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Filing 127
PAPERLESS ORDER granting #121 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Steven M. Farina. The Clerk of Court shall provide electronic notification of all electronic filing to Steven M. Farina at sfarina@wc.com. Signed by Magistrate Judge Lisette M. Reid on 7/13/2023. (ama)
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| Filing 126 Clerk's Notice to Filer re #124 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (Kabompo Holdings, Ltd. not added by attorney) (drz) |
| Filing 125 MOTION for Leave to File Separate Motion to Dismiss Amended Complaint by Paxos Trust Company, LLC. (Attachments: #1 Text of Proposed Order)(Marcus, Jeffrey) |
| Filing 124 Corporate Disclosure Statement by Paxos Trust Company, LLC (Marcus, Jeffrey) |
| Filing 123 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Melissa B. Collins. Filing Fee $ 200.00 Receipt # AFLSDC-16760047 by Paxos Trust Company, LLC. Responses due by 7/26/2023 (Marcus, Jeffrey) |
| Filing 122 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for John Williams. Filing Fee $ 200.00 Receipt # AFLSDC-16760034 by Paxos Trust Company, LLC. Responses due by 7/26/2023 (Marcus, Jeffrey) |
| Filing 121 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Steven M. Farina. Filing Fee $ 200.00 Receipt # AFLSDC-16759998 by Paxos Trust Company, LLC. Responses due by 7/26/2023 (Marcus, Jeffrey) |
| Filing 120 NOTICE of Attorney Appearance by Brandon Scott Floch on behalf of Paxos Trust Company, LLC. Attorney Brandon Scott Floch added to party Paxos Trust Company, LLC (pty:dft). (Floch, Brandon) |
| Filing 119 NOTICE of Attorney Appearance by Michael Anthony Pineiro on behalf of Paxos Trust Company, LLC. Attorney Michael Anthony Pineiro added to party Paxos Trust Company, LLC (pty:dft). (Pineiro, Michael) |
| Filing 118 NOTICE of Attorney Appearance by Jeffrey Eldridge Marcus on behalf of Paxos Trust Company, LLC. Attorney Jeffrey Eldridge Marcus added to party Paxos Trust Company, LLC (pty:dft). (Marcus, Jeffrey) |
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Filing 117
PAPERLESS ORDER denying without prejudice both #115 the Motion to Compel Arbitration or, in the Alternative, to Dismiss the Amended Complaint and #116 the Renewed Motion to Stay. Our Order in Cases with Multiple Defendants [ECF No. 8] requires that "the Defendants shall file their responses and motions jointly," absent our leave to file separately. Id. at 1. That Order also establishes that "[t]he time for responsive pleadings--for all Defendants--begins to run when the last Defendant is served." The Defendant Paxos Trust Company did not join the Motion to Compel or Dismiss, nor has it moved for leave to respond separately. See generally Docket. Because Paxos was served on July 3, 2023, the deadline for all Defendants to respond jointly is July 24, 2023. (N.B., we granted leave for the Defendant Jimmy Butler to respond separately, see Order Granting Leave [ECF No. 110]). So, we DENY the Motion to Compel or Dismiss without prejudice to the Defendants to refile that Motion by July 24, 2023, in compliance with our Order in Cases with Multiple Defendants. We likewise DENY the Motion to Stay without prejudice to the Defendants to seek that same relief again when they refile their Motion to Compel or Dismiss. Signed by Judge Roy K. Altman on 7/7/2023. (mg01)
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| Filing 116 Renewed MOTION to Stay re #115 MOTION to Compel Arbitration or, in the Alternative, to Dismiss Plaintiffs' Amended Complaint #100 ( Responses due by 7/21/2023), MOTION for Protective Order by Ben Armstrong, BAM Management U.S. Holdings, Inc, BAM Trading Services Inc., Binance (Services) Holdings Limited ("Binance Services"), Binance Holdings (IE) Limited ("Binance IE"), Binance Holdings Limited, Jimmy Butler, Changpeng Zhao. (Attachments: #1 Text of Proposed Order)(Weiss, Aaron) |
| Filing 115 MOTION to Compel Arbitration or, in the Alternative, to Dismiss Plaintiffs' Amended Complaint #100 by BAM Management U.S. Holdings, Inc, BAM Trading Services Inc.. Attorney Adam Michael Foslid added to party BAM Management U.S. Holdings, Inc(pty:dft). Responses due by 7/21/2023 (Attachments: #1 Exhibit 1 - Table of Allegations, #2 Exhibit 2 - Transcript of TRO Hearing, #3 Declaration of Christopher Blodgett, #4 Exhibit 1 - June 2023 Terms of Use, #5 Exhibit 2 - Sign up page, #6 Exhibit 3 - October 30, 2020 Terms of Use, #7 Exhibit 4 - April 26, 2021 Terms of Use, #8 Exhibit 5 - May 30, 2022 Terms of Use, #9 Exhibit 6 - September 7, 2022 Terms of Use, #10 Exhibit 7 - December 7, 2022 Terms of Use, #11 Exhibit 8 - Update Notification Email)(Foslid, Adam) |
| Filing 114 SUMMONS (Affidavit) Returned Executed on #100 Amended Complaint/Amended Notice of Removal, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Mikey Vongdara, Rudy Vazquez, Gordon Lewis, Michael Sizemore. Paxos Trust Company, LLC served on 7/3/2023, response/answer due 7/24/2023. (Moskowitz, Adam) |
| Filing 113 SUMMONS (Affidavit) Returned Executed on #100 Amended Complaint/Amended Notice of Removal, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Mikey Vongdara, Rudy Vazquez, Gordon Lewis, Michael Sizemore. BAM Management U.S. Holdings, Inc served on 6/29/2023, response/answer due 7/20/2023. (Moskowitz, Adam) |
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Filing 112
ORDER Scheduling Mediation before Rodney A. Max. Mediation Hearing set for 11/8/2023 09:00 AM. Signed by Judge Roy K. Altman on 6/29/2023. See attached document for full details. (cds)
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Filing 111
PAPERLESS ORDER granting in part and denying in part #109 the Defendants' Unopposed Motion for Leave to File Excess Pages. The Defendants may file a motion to compel and dismiss no longer than thirty (30) pages. The Plaintiff's response to that motion shall not exceed thirty (30) pages. Signed by Judge Roy K. Altman on 6/30/2023. (mg01)
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Filing 110
PAPERLESS ORDER granting #108 the Defendant Jimmy Butler's Motion for Leave to File a Separate Motion to Dismiss. Butler may file his motion to dismiss by July 24, 2023. Signed by Judge Roy K. Altman on 6/30/2023. (mg01)
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| Filing 109 Unopposed MOTION for Leave to File Excess Pages With Respect to Motion to Compel Arbitration and In The Alternative, to Dismiss Plaintiffs Amended Complaint by Ben Armstrong, BAM Management U.S. Holdings, Inc, BAM Trading Services Inc., Binance (Services) Holdings Limited ("Binance Services"), Binance Holdings (IE) Limited ("Binance IE"), Binance Holdings Limited, Jimmy Butler, Changpeng Zhao. (Attachments: #1 Text of Proposed Order)(Weiss, Aaron) |
| Filing 108 Unopposed MOTION for Leave to File Separate Motion to Dismiss Amended Complaint by Jimmy Butler. (Attachments: #1 Text of Proposed Order)(Rothstein, David) |
| Filing 107 NOTICE of Striking #106 Unopposed MOTION for Leave to File Separate Motion to Dismiss Amended Complaint filed by Jimmy Butler by Jimmy Butler (Rothstein, David) |
| Filing 106 Stricken per DE #107 - Unopposed MOTION for Leave to File Separate Motion to Dismiss Amended Complaint by Jimmy Butler. (Attachments: #1 Text of Proposed Order)(Peraza, Alexander) Modified text on 6/30/2023 (drz). |
| Filing 105 Notice of Entry of Parties Listed on 104 Clerk's Notice of Docket Correction and Instruction to Filer - Attorney into CM/ECF. NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): Rodney A. Max, Esq.. (Moskowitz, Adam) |
| Filing 104 Clerk's Notice to Filer re #103 Notice (Other),. Mediator Not Added; ERROR - The Filer failed to add the mediator. Filer is instructed to file a Notice of Entry of Parties Listed into CM/ECF and add the mediator. (drz) |
| Filing 103 Joint NOTICE by Gordon Lewis, Michael Sizemore, Rudy Vazquez, Mikey Vongdara re #93 Scheduling Order,,,,, Order Referring Case to Mediation,,,,, Order Referring Case to Magistrate Judge,,,, JOINT NOTICE SCHEDULING MEDIATION (Attachments: #1 Text of Proposed Order) (Moskowitz, Adam) |
| Filing 102 Summons Issued as to BAM Management U.S. Holdings, Inc, Paxos Trust Company, LLC. (drz) |
| Filing 101 NOTICE of Filing Proposed Summons(es) by Gordon Lewis, Michael Sizemore, Rudy Vazquez, Mikey Vongdara re #100 Amended Complaint/Amended Notice of Removal, filed by Gordon Lewis, Rudy Vazquez, Michael Sizemore, Mikey Vongdara (Attachments: #1 Summon(s) BAM Management U.S. Holdings, Inc., #2 Summon(s) Paxos Trust Company, LLC) (Moskowitz, Adam) |
| Filing 100 AMENDED COMPLAINT FIRST AMENDED CLASS ACTION COMPLAINT against Ben Armstrong, BAM Trading Services Inc., Binance (Services) Holdings Limited ("Binance Services"), Binance Holdings (IE) Limited ("Binance IE"), Binance Holdings Limited, Jimmy Butler, Changpeng Zhao, BAM Management U.S. Holdings, Inc, Paxos Trust Company, LLC, filed by Mikey Vongdara, Rudy Vazquez, Michael Sizemore, Gordon Lewis.(Moskowitz, Adam) |
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Filing 99
Order Dismissing Party Graham Stephan re #98 Notice of Voluntary Dismissal Signed by Judge Roy K. Altman on 6/20/2023. See attached document for full details. (pc)
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| Filing 98 NOTICE of Voluntary Dismissal OF DEFENDANT GRAHAM STEPHAN by Michael Sizemore, Rudy Vazquez, Mikey Vongdara (Moskowitz, Adam) |
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Filing 97
PAPERLESS ORDER granting #95 and #96 the Motions to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Athanasia (Thania) Charmani and George E. Mastoris may appear and participate in this action on behalf of the Defendant, BAM Trading Services, Inc. The Clerk shall provide electronic notification of all electronic filings to ACharmani@winston.com and GMastoris@winston.com. Signed by Judge Roy K. Altman on 6/13/2023. (mg01)
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| Filing 96 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for George E. Mastoris. Filing Fee $ 200.00 Receipt # AFLSDC-16687026 by BAM Trading Services Inc.. Responses due by 6/26/2023 (Attachments: #1 Certification, #2 Text of Proposed Order)(Foslid, Adam) |
| Filing 95 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Athanasia (Thania) Charmani. Filing Fee $ 200.00 Receipt # AFLSDC-16686895 by BAM Trading Services Inc.. Responses due by 6/26/2023 (Attachments: #1 Certification, #2 Text of Proposed Order)(Foslid, Adam) |
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Filing 94
PAPERLESS ORDER denying without prejudice #90 the Defendants' Motion for a Stay of Discovery. In the Motion, the Defendants seek "an order staying discovery in this action pending the Court's resolution of the Defendants' forthcoming motion to compel arbitration or, in the alternative, to dismiss the Complaint[.]" Motion at 1. A stay is appropriate, in the Defendants' view, "to ensure that the parties' arbitration agreement is respected, to preserve judicial resources, and to prevent the parties and the court from incurring significant costs and burdens that will be moot upon resolution of the motion." Id. at 2. "Motions to stay discovery are not favored because when discovery is delayed or prolonged it can create case management problems which impede the Court's responsibility to expedite discovery and cause unnecessary litigation expenses and problems." Cuhaci v. Kouri Grp., LP, 2021 WL 1945819, at *2 (S.D. Fla. May 14, 2021) (Bloom, J.) (cleaned up). And "[t]his District's Local Rules make clear... that a stay of discovery pending the determination of a motion to dismiss is the exception rather than the rule." Ray v. Spirit Airlines, Inc., 2012 WL 5471793, at *1 (S.D. Fla. Nov. 9, 2012) (Scola, J.). Indeed, "a request to stay discovery pending a resolution of a motion is rarely appropriate unless resolution of the motion will dispose of the entire case." McCabe v. Foley, 233 F.R.D. 683, 685 (M.D. Fla. 2006) (Morris, J.) (emphasis added). "To evaluate whether there is a strong likelihood the dismissal motion will be granted and entirely eliminate the need for such discovery, the district court must take a 'preliminary peek' at the merits of the motion." Ray, 2012 WL 5471793, at *1. Ultimately, though, "the proponent of the stay bears the burden of demonstrating its necessity, appropriateness, and reasonableness." Ibid. Here, the Defendants have failed to establish that a stay is warranted at this stage of the case. The Defendants urge us to stay discovery because, they say, "under either of [two likely] scenarios, discovery will be unable to proceed in any meaningful fashion in the short term." Motion at 2. That's because, as the Defendants see it, either we'll grant their forthcoming motion to compel arbitration (and stay or dismiss this case, thus terminating their discovery obligations) or we'll deny the motion to compel arbitration, "in which case these proceedings will be subject to a mandatory stay pending the appeal[.]" Ibid. But, since the Defendants' haven't yet filed their motion to compel or dismiss--and won't file it for another six weeks--we're not in a position to take the necessary "preliminary peek" at the motion to decide if it's "the 'slam-dunk' submission[ ] the Defendants describe [it] to be[.]" Montoya v. PNC Bank, N.A., 2014 WL 2807617, at *2 (S.D. Fla. June 20, 2014) (Goodman, Mag. J.). In other words, we can't say, based on the Defendants' description of their forthcoming motion, that the Defendants have shown a "strong likelihood the dismissal motion will be granted and entirely eliminate the need for such discovery[.]" Ray, 2012 WL 5471793, at *1. The Motion [ECF No. 90] is, therefore, DENIED without prejudice. The Defendants may refile their Motion after they've submitted their motion to compel arbitration or to dismiss. Signed by Judge Roy K. Altman on 6/12/2023. (mg01)
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Filing 93
ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: Jury Trial set for 7/1/2024 in Miami Division before Judge Roy K. Altman. Calendar Call set for 6/25/2024 1:45 PM in Miami Division before Judge Roy K. Altman. Amended Pleadings due by 7/26/2023. Discovery due by 3/5/2024. Expert Discovery due by 3/5/2024. Fact Discovery due by 3/5/2024. Joinder of Parties due by 7/26/2023. Mediation Deadline 3/19/2024. In Limine Motions due by 5/27/2024. Dispositive Motions due by 3/27/2024. Motions due by 3/27/2024. Pretrial Stipulation due by 6/17/2024. ORDER REFERRING CASE to Magistrate Judge Lisette M. Reid for all pretrial non-dispositive and discovery matters. Signed by Judge Roy K. Altman on 6/8/2023. See attached document for full details. (scn) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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| Filing 92 Certificate of Other Affiliates/Corporate Disclosure Statement by Jimmy Butler identifying Corporate Parent BAM Management US Holdings, Inc., Other Affiliate ZS Endorsement LLC, Other Affiliate Binance Investments Co., Ltd. for Jimmy Butler (Peraza, Alexander) |
| Filing 91 Clerk's Notice to Filer re #87 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (ZS Endorsement LLC not added by attorney) (drz) |
| Filing 90 Defendant's MOTION to Stay DISCOVERY PENDING RESOLUTION OF DEFENDANTS DISPOSITIVE MOTION by Ben Armstrong, BAM Trading Services Inc., Binance (Services) Holdings Limited ("Binance Services"), Binance Holdings (IE) Limited ("Binance IE"), Binance Holdings Limited, Jimmy Butler, Graham Stephan, Changpeng Zhao. Responses due by 6/20/2023 (Attachments: #1 Exhibit 1 - Plaintiffs First Set of RFPs to Defendant Armstrong, #2 Exhibit 2 - Plaintiffs First Set of RFPs to Defendant BAM Trading Services Inc., #3 Exhibit 3 - Plaintiffs First Set of RFPs to Defendant Binance Holdings (IE) Limited, #4 Exhibit 4 - Plaintiffs First Set of RFPs to Defendant Binance Holdings Limited, #5 Exhibit 5 - Plaintiffs First Set of RFPs to Defendant Binance (Services) Holdings Limited, #6 Exhibit 6 - Plaintiffs First Set of RFPs to Defendant Butler, #7 Exhibit 7 - Plaintiffs First Set of RFPs to Defendant Stephan, #8 Exhibit 8 - Plaintiffs First Set of RFPs to Defendant Zhao, #9 Exhibit 9 - Notice of Deposition of Defendant Armstrong, #10 Exhibit 10 - Notice of Rule 30(B)(6) Deposition of Defendant BAM Trading Services Inc., #11 Exhibit 11 - Notice of Rule 30(B)(6) Deposition of Defendant Binance Holdings (IE) Limited, #12 Exhibit 12 - Notice of Rule 30(B)(6) Deposition of Defendant Binance Holdings Limited, #13 Exhibit 13 - Notice of Rule 30(B)(6) Deposition of Defendant Binance (Services) Holdings Limited, #14 Exhibit 14 - Notice of Deposition of Defendant Butler, #15 Exhibit 15 - Notice of Deposition of Defendant Stephan, #16 Exhibit 16 - Notice of Deposition of Defendant Zhao)(Weiss, Aaron) |
| Filing 89 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Changpeng Zhao (Campa, Ian) |
| Filing 88 Joint SCHEDULING REPORT - Rule 16.1 by Michael Sizemore, Rudy Vazquez, Mikey Vongdara (Attachments: #1 Text of Proposed Order)(Moskowitz, Adam) |
| Filing 87 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Jimmy Butler (Peraza, Alexander) |
| Filing 86 Certificate of Other Affiliates/Corporate Disclosure Statement by Binance (Services) Holdings Limited ("Binance Services"), Binance Holdings (IE) Limited ("Binance IE"), Binance Holdings Limited (Weiss, Aaron) |
| Filing 85 Certificate of Other Affiliates / Interested Parties by BAM Trading Services Inc. identifying Corporate Parent BAM Management US Holdings, Inc. for BAM Trading Services Inc. (Foslid, Adam) |
| Filing 84 NOTICE by Michael Sizemore, Rudy Vazquez, Mikey Vongdara re #1 Complaint NOTICE OF FILING DOCUMENT IN SUPPORT OF COMPLAINT (Attachments: #1 Exhibit A) (Moskowitz, Adam) |
| Filing 83 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Ben Armstrong (Heitner, Darren) |
| Filing 82 TRANSCRIPT of Status Conference held on 5-30-23 before Judge Roy K. Altman, Volume Number 1 of 1, 1-19 pages, Court Reporter: Francine Salopek, 305-301-3276 / mjsfcs@aol.com. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter Francine Salopek before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter Francine Salopek or PACER. Redaction Request due 6/27/2023. Redacted Transcript Deadline set for 7/7/2023. Release of Transcript Restriction set for 9/5/2023. (fs) |
| Filing 81 Certificate of Other Affiliates/Corporate Disclosure Statement by Graham Stephan identifying Other Affiliate Stephan Real Estate, Inc. for Graham Stephan (Mysorewala, Josef) |
| Filing 80 NOTICE of Change of Address, Email or Law Firm Name by Howard Mitchell Bushman (Bushman, Howard) |
| Filing 79 NOTICE of Change of Address, Email or Law Firm Name by Barbara Cabrera Lewis (Lewis, Barbara) |
| Filing 78 NOTICE of Change of Address, Email or Law Firm Name by Joseph M. Kaye (Kaye, Joseph) |
| Filing 77 NOTICE of Attorney Appearance by Jose Manuel Ferrer on behalf of Michael Sizemore, Rudy Vazquez, Mikey Vongdara. Attorney Jose Manuel Ferrer added to party Michael Sizemore(pty:pla), Attorney Jose Manuel Ferrer added to party Rudy Vazquez(pty:pla), Attorney Jose Manuel Ferrer added to party Mikey Vongdara(pty:pla). (Ferrer, Jose) |
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Filing 76
Order Requiring Joint Scheduling Report and Certificates of Interested Parties. Joint Scheduling Report due by 6/6/2023 Signed by Judge Roy K. Altman on 5/30/2023. See attached document for full details. (pc)
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Filing 75
PAPERLESS ORDER granting #72 and #73 the Motions to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Douglas P. Baumstein and Courtney R. Rockett may appear and participate in this action on behalf of the Defendant, Jimmy Butler. The Clerk shall provide electronic notification of all electronic filings to DBaumstein@mintz.com and CRockett@mintz.com. Signed by Judge Roy K. Altman on 5/30/2023. (mg01)
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| Filing 74 PAPERLESS Minute Entry for proceedings held before Judge Roy K. Altman: Status Conference held on 5/30/2023. Total time in court: 15 minutes. Attorney Appearance(s): Alan Mensa-Wilmot, Adam Michael Foslid, Daniel Tramel Stabile, Aaron Stenzler Weiss, Michael D. Celio, Benjamin M. Stoll, David Alan Rothstein, Adam M. Moskowitz, Joseph M. Kaye, Stephen N. Zack, Tyler Evan Ulrich, Howard Mitchell Bushman, Josef M Mysorewala, Abid R. Qureshi. Court Reporter: Francine Salopek, 305-301-3276 / mjsfcs@aol.com. (mg01) |
| Filing 73 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Courtney R. Rockett. Filing Fee $ 200.00 Receipt # AFLSDC-16653130 by Jimmy Butler. Responses due by 6/13/2023 (Attachments: #1 Certification, #2 Text of Proposed Order)(Rothstein, David) |
| Filing 72 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Douglas P. Baumstein. Filing Fee $ 200.00 Receipt # AFLSDC-16652743 by Jimmy Butler. Responses due by 6/13/2023 (Attachments: #1 Certification, #2 Text of Proposed Order)(Rothstein, David) |
| Filing 71 NOTICE of Attorney Appearance by Michelle Renee Suskauer on behalf of Jimmy Butler. Attorney Michelle Renee Suskauer added to party Jimmy Butler(pty:dft). (Suskauer, Michelle) |
| Filing 70 NOTICE of Attorney Appearance by Eshaba Jahir-Sharuz on behalf of Jimmy Butler. Attorney Eshaba Jahir-Sharuz added to party Jimmy Butler(pty:dft). (Jahir-Sharuz, Eshaba) |
| Filing 69 NOTICE of Attorney Appearance by David Alan Rothstein on behalf of Jimmy Butler. Attorney David Alan Rothstein added to party Jimmy Butler(pty:dft). (Rothstein, David) |
| Filing 68 NOTICE of Attorney Appearance by Alexander Manuel Peraza on behalf of Jimmy Butler. Attorney Alexander Manuel Peraza added to party Jimmy Butler(pty:dft). (Peraza, Alexander) |
| Filing 67 Clerk's Notice to Filer re #65 Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see 66 Response/Reply (Other). It is not necessary to refile this document. (ebz) |
| Filing 66 RESPONSE TO PLAINTIFFS' NOTICE #61 Notice (Other), by Ben Armstrong, BAM Trading Services Inc., Binance (Services) Holdings Limited ("Binance Services"), Binance Holdings (IE) Limited ("Binance IE"), Binance Holdings Limited, Jimmy Butler, Graham Stephan, Changpeng Zhao. See DE #65 for image. (ebz) |
| Filing 65 NOTICE by Ben Armstrong, BAM Trading Services Inc., Binance (Services) Holdings Limited ("Binance Services"), Binance Holdings (IE) Limited ("Binance IE"), Binance Holdings Limited, Jimmy Butler, Graham Stephan, Changpeng Zhao re #61 Notice (Other), Response to Plaintiffs' Notice of Filing Materials (Weiss, Aaron) |
| Filing 64 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed PLAINTIFFS CERTIFICATE OF INTERESTED PARTIES AND CORPORATE DISCLOSURE STATEMENT by Michael Sizemore, Rudy Vazquez, Mikey Vongdara (Moskowitz, Adam) |
| Filing 63 NOTICE of Change of Address, Email or Law Firm Name by Adam M. Moskowitz (Moskowitz, Adam) |
| Filing 62 NOTICE of Attorney Appearance by Gabriela Ana Plasencia on behalf of BAM Trading Services Inc.. Attorney Gabriela Ana Plasencia added to party BAM Trading Services Inc.(pty:dft). (Plasencia, Gabriela) |
| Filing 61 NOTICE by Michael Sizemore, Rudy Vazquez, Mikey Vongdara re 59 Order on Motion for Miscellaneous Relief,, Order on Motion for Hearing, PLAINTIFFS NOTICE OF FILING MATERIALS REGARDING STATUS CONFERENCE [ECF NO. 59] (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Moskowitz, Adam) |
| Filing 60 NOTICE of Attorney Appearance by Alan Mensa-Wilmot on behalf of Ben Armstrong. Attorney Alan Mensa-Wilmot added to party Ben Armstrong(pty:dft). (Mensa-Wilmot, Alan) |
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Filing 59
PAPERLESS ORDER granting #58 the Defendants' Motion for Miscellaneous Relief. The Defendants must respond to the Complaint [ECF No. 1] by July 24, 2023, consistent with our Order in Cases with Multiple Defendants [ECF No. 8]. The parties shall appear for a status conference on May 30, 2023, at 3:00 p.m., in the Miami Division, Courtroom 12-4, before Judge Roy K. Altman. Signed by Judge Roy K. Altman on 5/24/2023. (mg01)
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| Reset Response/Answer Due Deadline: Ben Armstrong response/answer due 7/24/2023; BAM Trading Services Inc. response/answer due 7/24/2023; Binance (Services) Holdings Limited ("Binance Services") response/answer due 7/24/2023; Binance Holdings (IE) Limited ("Binance IE") response/answer due 7/24/2023; Binance Holdings Limited response/answer due 7/24/2023; Jimmy Butler response/answer due 7/24/2023; Graham Stephan response/answer due 7/24/2023; Changpeng Zhao response/answer due 7/24/2023. PER DE#59 (cds) |
| Filing 58 Defendant's MOTION setting Defendants deadline to respond to the Complaint July 24, 2023 , MOTION for Hearing for an initial status conference to discuss preliminary case issues by Ben Armstrong, BAM Trading Services Inc., Binance (Services) Holdings Limited ("Binance Services"), Binance Holdings (IE) Limited ("Binance IE"), Binance Holdings Limited, Jimmy Butler, Graham Stephan, Changpeng Zhao. (Attachments: #1 Text of Proposed Order)(Weiss, Aaron) |
| Filing 57 NOTICE of Change of Address, Email or Law Firm Name by Josef M Mysorewala (Mysorewala, Josef) |
| Filing 56 Corporate Disclosure Statement by BAM Trading Services Inc. identifying Other Affiliate BAM Management US Holdings, Inc. for BAM Trading Services Inc. (Foslid, Adam) |
| Filing 55 Corporate Disclosure Statement by Binance (Services) Holdings Limited ("Binance Services"), Binance Holdings (IE) Limited ("Binance IE"), Binance Holdings Limited identifying Corporate Parent Binance (Services) Holdings Limited for Binance Holdings Limited (Weiss, Aaron) |
| Filing 54 NOTICE of Attorney Appearance by Daniel Tramel Stabile on behalf of BAM Trading Services Inc.. Attorney Daniel Tramel Stabile added to party BAM Trading Services Inc.(pty:dft). (Stabile, Daniel) |
| Filing 53 NOTICE of Attorney Appearance by Adam Michael Foslid on behalf of BAM Trading Services Inc.. Attorney Adam Michael Foslid added to party BAM Trading Services Inc.(pty:dft). (Foslid, Adam) |
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Filing 52
PAPERLESS ORDER granting #51 the Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Kimberly P. Stein may appear and participate in this action on behalf of the Defendant, Graham Stephen. The Clerk shall provide electronic notification of all electronic filings to kps@fdlawlv.com. Signed by Judge Roy K. Altman on 5/14/2023. (mg01)
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| Filing 51 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Kimberly P. Stein. Filing Fee $ 200.00 Receipt # AFLSDC-16614100 by Graham Stephan. Responses due by 5/26/2023 (Attachments: #1 Certification, #2 Text of Proposed Order)(Mysorewala, Josef) |
| Filing 50 NOTICE of Attorney Appearance by Josef M Mysorewala on behalf of Graham Stephan. Attorney Josef M Mysorewala added to party Graham Stephan(pty:dft). (Mysorewala, Josef) |
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Filing 49
ORDER granting #48 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Benjamin M. Stoll, Esq.. Signed by Magistrate Judge Lisette M. Reid on 5/11/2023. See attached document for full details. (pc)
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| Filing 48 Defendant's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Benjamin M. Stoll. Filing Fee $ 200.00 Receipt # BFLSDC-16609228 by Binance (Services) Holdings Limited ("Binance Services"), Binance Holdings (IE) Limited ("Binance IE"), Binance Holdings Limited. Responses due by 5/24/2023 (Attachments: #1 Exhibit A - Certification of Benjamin Stoll, #2 Exhibit B - Proposed Order)(Weiss, Aaron) |
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Filing 47
PAPERLESS ORDER granting #46 the Motion to Withdraw as Counsel. The Clerk of Court is directed to terminate Jason Rindenau as counsel of record for the Defendant Ben Armstrong. Signed by Judge Roy K. Altman on 5/10/2023. (mg01)
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| Filing 46 First MOTION to Withdraw as Attorney by Jason Rindenau for / by Ben Armstrong. Responses due by 5/23/2023 (Attachments: #1 Text of Proposed Order)(Rindenau, Jason) |
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Filing 45
ORDER granting #42 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Melanie M. Blunschi, Esq.. Signed by Magistrate Judge Lisette M. Reid on 5/8/2023. See attached document for full details. (pc)
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Filing 44
ORDER granting #41 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Abid R. Qureshi, Esq.. Signed by Magistrate Judge Lisette M. Reid on 5/8/2023. See attached document for full details. (pc)
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| Filing 43 NOTICE of Attorney Appearance by Ian Michael Campa on behalf of Changpeng Zhao. Attorney Ian Michael Campa added to party Changpeng Zhao(pty:dft). (Campa, Ian) |
| Filing 42 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Melanie M. Blunschi. Filing Fee $ 200.00 Receipt # AFLSDC-16596492 by Changpeng Zhao. Responses due by 5/19/2023 (Goldberg, Martin) |
| Filing 41 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Abid R. Qureshi. Filing Fee $ 200.00 Receipt # AFLSDC-16596465 by Changpeng Zhao. Responses due by 5/19/2023 (Goldberg, Martin) |
| Filing 40 NOTICE of Attorney Appearance by Martin B. Goldberg on behalf of Changpeng Zhao. Attorney Martin B. Goldberg added to party Changpeng Zhao(pty:dft). (Goldberg, Martin) |
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Filing 39
PAPERLESS ORDER granting #36 and #37 the Motions to Appear Pro Hac Vice, Consents to Designation, and Requests to Electronically Receive Notices of Electronic Filing. Michael D. Celio and Mary Beth Maloney may appear and participate in this action on behalf of the Defendants Binance Holdings Limited, Binance Holdings (IE) Limited, and Binance (Services) Holdings Limited. The Clerk shall provide electronic notification of all electronic filings to mmaloney@gibsondunn.com and mcelio@gibsondunn.com. Signed by Judge Roy K. Altman on 5/4/2023. (mg01)
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| Filing 38 NOTICE OF WITHDRAWAL OF MOTION by Michael Sizemore, Rudy Vazquez, Mikey Vongdara re #30 MOTION PLAINTIFFS MOTION TO SERVE DEFENDANTS CHANGPENG ZHAO AND THE INTERNATIONAL BINANCE ENTITIES WITH PROCESS THROUGH ALTERNATE MEANS re #1 Complaint, #8 Order filed by Rudy Vazquez, Michael Sizemore, Mikey Vongdara (Moskowitz, Adam) |
| Filing 37 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Mary Beth Maloney. Filing Fee $ 200.00 Receipt # AFLSDC-16590730 by Binance (Services) Holdings Limited ("Binance Services"), Binance Holdings (IE) Limited ("Binance IE"), Binance Holdings Limited. Responses due by 5/17/2023 (Attachments: #1 Exhibit A - Certification of Mary Beth Maloney, #2 Exhibit B - Proposed Order)(Weiss, Aaron) |
| Filing 36 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Michael D. Celio. Filing Fee $ 200.00 Receipt # AFLSDC-16590719 by Binance (Services) Holdings Limited ("Binance Services"), Binance Holdings (IE) Limited ("Binance IE"), Binance Holdings Limited. Responses due by 5/17/2023 (Attachments: #1 Exhibit A - Certification of Michael D. Celio, #2 Exhibit B - Proposed Order)(Weiss, Aaron) |
| Filing 35 WAIVER OF SERVICE Returned Executed by Mikey Vongdara, Rudy Vazquez, Michael Sizemore. Binance Holdings Limited waiver sent on 4/25/2023, response/answer due 6/26/2023. (Moskowitz, Adam) |
| Filing 34 WAIVER OF SERVICE Returned Executed by Mikey Vongdara, Rudy Vazquez, Michael Sizemore. Binance (Services) Holdings Limited ("Binance Services") waiver sent on 4/25/2023, response/answer due 6/26/2023. (Moskowitz, Adam) |
| Filing 33 WAIVER OF SERVICE Returned Executed by Mikey Vongdara, Rudy Vazquez, Michael Sizemore. Binance Holdings (IE) Limited ("Binance IE") waiver sent on 4/25/2023, response/answer due 6/26/2023. (Moskowitz, Adam) |
| Filing 32 NOTICE of Attorney Appearance by Aaron Stenzler Weiss on behalf of Binance (Services) Holdings Limited ("Binance Services"), Binance Holdings (IE) Limited ("Binance IE"), Binance Holdings Limited. Attorney Aaron Stenzler Weiss added to party Binance (Services) Holdings Limited ("Binance Services") (pty:dft), Attorney Aaron Stenzler Weiss added to party Binance Holdings (IE) Limited ("Binance IE")(pty:dft), Attorney Aaron Stenzler Weiss added to party Binance Holdings Limited(pty:dft). (Weiss, Aaron) |
| Filing 31 WAIVER OF SERVICE Returned Executed by Mikey Vongdara, Rudy Vazquez, Michael Sizemore. Changpeng Zhao waiver sent on 4/25/2023, response/answer due 6/26/2023. (Moskowitz, Adam) |
| Filing 30 Withdrawn per DE#38 - MOTION PLAINTIFFS MOTION TO SERVE DEFENDANTS CHANGPENG ZHAO AND THE INTERNATIONAL BINANCE ENTITIES WITH PROCESS THROUGH ALTERNATE MEANS re #1 Complaint, #8 Order by Michael Sizemore, Rudy Vazquez, Mikey Vongdara. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Moskowitz, Adam) Modified text on 5/4/2023 (drz). |
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Filing 29
PAPERLESS ORDER striking 27 the Plaintiffs' Sealed Ex Parte Motion for failure to comply with the Local Rules. First, the Plaintiffs filed their motion under seal without seeking our leave to do so, in violation of Local Rule 5.4(b). Second, the Plaintiffs haven't provided any justification for filing ex parte, as required by Local Rule 5.4(d). Signed by Judge Roy K. Altman on 5/1/2023. (mg01)
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| Filing 28 NOTICE of Attorney Appearance by Darren Adam Heitner on behalf of Ben Armstrong. Attorney Darren Adam Heitner added to party Ben Armstrong(pty:dft). (Heitner, Darren) |
| SYSTEM ENTRY - Docket Entry 27 [motion] restricted/sealed until further notice. (678235) |
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Filing 26
PAPERLESS ORDER granting #25 the Motion to Strike. The Clerk of Court is directed to STRIKE #23 the Defendant Ben Armstrong's Certificate of Interest Parties, which was inadvertently filed in the wrong case. Signed by Judge Roy K. Altman on 4/28/2023. (mg01)
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| Filing 25 First MOTION to Strike #23 Certificate of Other Affiliates/Corporate Disclosure Statement, by Ben Armstrong. Responses due by 5/12/2023 (Rindenau, Jason) |
| Filing 24 Clerk's Notice to Filer re #23 Certificate of Other Affiliates/Corporate Disclosure Statement,. Document Not Related to Case; CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - Filer must file a Notice of Striking, then refile the document in the appropriate case. (drz) |
| Filing 23 Stricken per Order DE#26-First Corporate Disclosure Statement and Certificate of Interested Persons by Ben Armstrong identifying Other Affiliate Better than TJ Holdings, Other Affiliate BJ Investment Holdings, Other Affiliate Hit Network, Other Affiliate High Throughput Holdings for Ben Armstrong (Rindenau, Jason) Modified text on 5/1/2023 (drz). |
| Filing 22 NOTICE of Attorney Appearance by Jason Louis Rindenau on behalf of Ben Armstrong. Attorney Jason Louis Rindenau added to party Ben Armstrong(pty:dft). (Rindenau, Jason) |
| Filing 21 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Mikey Vongdara, Rudy Vazquez, Michael Sizemore. Jimmy Butler served on 4/14/2023, response/answer due 5/5/2023. (Attachments: #1 Exhibit A)(Moskowitz, Adam) |
| Filing 20 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Mikey Vongdara, Rudy Vazquez, Michael Sizemore. Graham Stephan served on 4/22/2023, response/answer due 5/15/2023. (Moskowitz, Adam) |
| Filing 19 Summons Issued as to Binance (Services) Holdings Limited ("Binance Services"), Binance Holdings (IE) Limited ("Binance IE"), Binance Holdings Limited. (drz) |
| Filing 18 NOTICE of Filing Proposed Summons(es) by Michael Sizemore, Rudy Vazquez, Mikey Vongdara re #1 Complaint filed by Rudy Vazquez, Michael Sizemore, Mikey Vongdara (Attachments: #1 Summon(s), #2 Summon(s), #3 Summon(s)) (Moskowitz, Adam) |
| Filing 17 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Mikey Vongdara, Rudy Vazquez, Michael Sizemore. BAM Trading Services Inc. served on 4/12/2023, response/answer due 5/3/2023. (Moskowitz, Adam) |
| Filing 16 Summons Issued as to BAM Trading Services Inc. (drz) |
| Filing 15 NOTICE of Filing Proposed Summons(es) by Michael Sizemore, Rudy Vazquez, Mikey Vongdara re #1 Complaint filed by Rudy Vazquez, Michael Sizemore, Mikey Vongdara (Attachments: #1 BAM Trading Services Inc.) (Moskowitz, Adam) |
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Filing 14
PAPERLESS ORDER granting #11 the Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Brooke A. Alexander may appear and participate in this action on behalf of the Plaintiffs. The Clerk shall provide electronic notification of all electronic filings to balexander@bsfllp.com. Signed by Judge Roy K. Altman on 4/11/2023. (mg01)
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| Filing 13 Summons Issued as to Jimmy Butler, Graham Stephan. (drz) |
| Filing 12 NOTICE of Filing Proposed Summons(es) by Michael Sizemore, Rudy Vazquez, Mikey Vongdara re #1 Complaint filed by Rudy Vazquez, Michael Sizemore, Mikey Vongdara (Attachments: #1 Summon(s) Jimmy Butler, #2 Summon(s) Graham Stephan) (Moskowitz, Adam) |
| Filing 11 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Brook A. Alexander. Filing Fee $ 200.00 Receipt # AFLSDC-16523464 by Michael Sizemore. Responses due by 4/24/2023 (Ulrich, Tyler) |
| Filing 10 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Mikey Vongdara, Rudy Vazquez, Michael Sizemore. Ben Armstrong served on 4/5/2023, response/answer due 4/26/2023. (Moskowitz, Adam) |
| Filing 9 NOTICE by Michael Sizemore, Rudy Vazquez, Mikey Vongdara (Attachments: #1 Exhibit) (Moskowitz, Adam) |
|
Filing 8
Order in Cases with Multiple Defendants. Signed by Judge Roy K. Altman on 4/4/2023. See attached document for full details. (pc)
|
| Filing 7 Summons Issued as to Ben Armstrong. (drz) |
| Filing 6 NOTICE of Filing Proposed Summons(es) for Defendant Ben Armstrong by Michael Sizemore, Rudy Vazquez, Mikey Vongdara (Attachments: #1 Summon(s) Ben Armstrong) (Moskowitz, Adam) |
| Filing 5 Bar Letter re: Admissions sent to attorney Brooke Alexander, mailing date April 3, 2023, (pt) |
| Filing 4 NOTICE of Attorney Appearance by Barbara Cabrera Lewis on behalf of Michael Sizemore, Rudy Vazquez, Mikey Vongdara. Attorney Barbara Cabrera Lewis added to party Michael Sizemore(pty:pla), Attorney Barbara Cabrera Lewis added to party Rudy Vazquez(pty:pla), Attorney Barbara Cabrera Lewis added to party Mikey Vongdara(pty:pla). (Lewis, Barbara) |
| Filing 3 NOTICE of Attorney Appearance by Howard Mitchell Bushman on behalf of Michael Sizemore, Rudy Vazquez, Mikey Vongdara. Attorney Howard Mitchell Bushman added to party Michael Sizemore(pty:pla), Attorney Howard Mitchell Bushman added to party Rudy Vazquez(pty:pla), Attorney Howard Mitchell Bushman added to party Mikey Vongdara(pty:pla). (Bushman, Howard) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Roy K. Altman and Magistrate Judge Lisette M. Reid. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lisette M. Reid is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (nan) |
| Filing 1 COMPLAINT CLASS ACTION COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-16493157, filed by Mikey Vongdara, Rudy Vazquez, Michael Sizemore. (Attachments: #1 Civil Cover Sheet)(Moskowitz, Adam) |
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