Hawkins v. Bankman-Fried et al
| Russell Hawkins |
| Samuel Bankman-Fried, Caroline Ellison, Zixiao Gary Wang, Nishad Singh, Armanino LLP and Prager Metis CPAs, LLC |
| 1:2023cv22260 |
| June 20, 2023 |
| U.S. District Court for the Southern District of Florida |
| K Michael Moore |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 20, 2023. A more recent docket listing may be available from PACER.
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| Filing 76 MDL Tag-Along Case Receipt from District of Florida Southern. Case Number 23-cv-07620 with documents 1-73. Assigned FLSD Case Number 23-cv22260. Re: FLSD MDL Case Number 3076. Clerks Note: JPML notified. (jas) |
| Filing 75 Clerks Notice of Judge Assignment to Judge K. Michael Moore. (jas) |
| Filing 74 Case transferred in from California Northern; Case Number 3:22-cv-07620. Electronic file including transfer order and docket sheet received. .(jas). |
PAPERLESS ORDER STAYING CASE. THIS CAUSE came before the Court upon a sua sponte review of the record. The Court notes that this case is a member case in In Re: FTX Cryptocurrency Exchange Collapse Litigation, 1:23-md-03076-KMM. In the interests of judicial economy, it is hereby ORDERED AND ADJUDGED that this case is STAYED. The Clerk of the Court is instructed to administratively close this case for statistical purposes, while the claims proceed under 1:23-md-03076-KMM. The Court shall retain jurisdiction and the case shall be restored to the active docket upon motion of a party if circumstances change so that the action may proceed to final disposition. Signed by Judge K. Michael Moore on 6/20/2023. (rfr)
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| case electronically transmitted to the Southern District of Florida. (tn, COURT STAFF) (Filed on 6/16/2023) |
| Filing 73 TRANSFER ORDER by MDL Panel Transferring Case to the Southern District of Florida. (slh, COURT STAFF) (Filed on 6/15/2023) |
| Filing 72 NOTICE of Appearance by Zachary Christian Flood (Flood, Zachary) (Filed on 5/23/2023) |
| Filing 71 CLERK'S NOTICE CONTINUING CASE MANAGEMENT CONFERENCE. In light of the pending MDL motions, the initial case management conference scheduled for May 26, 2023 is continued to July 13, 2023 at 1:30 p.m. An updated joint case management conference statement is due one week in advance. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ahm, COURT STAFF) (Filed on 5/22/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 70 NOTICE of Appearance by Kirk Austin Hornbeck (Hornbeck, Kirk) (Filed on 5/19/2023) |
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Filing 69
ORDER by Judge Jacqueline Scott Corley granting #66 Motion for Pro Hac Vice as to Nicolas Werle. (ahm, COURT STAFF) (Filed on 5/19/2023)
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Filing 68
ORDER by Judge Jacqueline Scott Corley granting #65 Motion for Pro Hac Vice as to Peter Neiman. (ahm, COURT STAFF) (Filed on 5/19/2023)
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| Filing 67 ADMINISTRATIVE MOTION for an Order Continuing Case Management Conference filed by Armanino, LLP. Responses due by 5/22/2023. (Attachments: #1 Declaration, #2 Proposed Order)(Mortimer, Ann Marie) (Filed on 5/18/2023) |
| Filing 66 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18280028.) filed by Caroline Ellison. (Werle, Nicholas) (Filed on 5/18/2023) |
| Filing 65 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18279959.) filed by Caroline Ellison. (Neiman, Peter) (Filed on 5/18/2023) |
| Filing 64 NOTICE of Appearance by Christopher William Johnstone (Johnstone, Christopher) (Filed on 5/18/2023) |
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Filing 63
ORDER by Judge Jacqueline Scott Corley in case 3:22-cv-07336-JSC; granting (62) Stipulation for Acceptance of Service and Deadline for Defendant Caroline Ellison to File Her Responsive Pleading in case 3:22-cv-07620-JSC. (ahm, COURT STAFF) (Filed on 5/12/2023)
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| Filing 62 STIPULATION WITH PROPOSED ORDER re #61 MOTION for Service by Publication , #39 Summons Issued filed by Russell Hawkins. (Tourek, Christopher) (Filed on 5/11/2023) |
| Filing 61 MOTION for Service by Publication filed by Russell Hawkins. (Attachments: #1 Exhibit A - Declaration of Kurt Kessler, #2 Exhibit B - Declaration of Marshal Hoda, #3 Exhibit C - Declaration of Christopher Tourek, #4 Exhibit D - Declaration of Austin Prather, #5 Proposed Order Proposed Order)(Tourek, Christopher) (Filed on 4/28/2023) |
| Set/Reset Deadlines as to (61 in 3:22-cv-07620-JSC) MOTION for Service by Publication . Responses due by 5/12/2023. Replies due by 5/30/2023. Motion Hearing set for 6/8/2023 at 10:00 a.m. in San Francisco, Courtroom 08, 19th Floor before Judge Jacqueline Scott Corley. (ahm, COURT STAFF) (Filed on 4/28/2023) |
| Filing 60 STIPULATION re #1 Complaint to Extend Time to Respond to Complaint filed by Samuel Bankman-Fried. (Lewis, Marc) (Filed on 4/10/2023) |
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Filing 59
ORDER by Judge Jacqueline Scott Corley granting (46) Stipulation Regarding Responding to the Complaint in case 3:22-cv-07336-JSC. (ahm, COURT STAFF) (Filed on 4/4/2023)
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| Filing 58 SUMMONS Returned Executed by Russell Hawkins. Nishad Singh served on 3/31/2023, answer due 4/21/2023. (Tourek, Christopher) (Filed on 4/3/2023) |
| Filing 57 STIPULATION re #1 Complaint, For Extension Of Time To File Responsive Pleading filed by Prager Metis CPAs, LLC. (Hemmendinger, Sarah) (Filed on 3/30/2023) |
| Filing 56 STIPULATION re #1 Complaint, to Extend Time to File Responsive Pleading filed by Armanino, LLP. (Mortimer, Ann Marie) (Filed on 3/29/2023) |
| Filing 55 Corporate Disclosure Statement by Armanino, LLP (Mortimer, Ann Marie) (Filed on 3/28/2023) |
| Filing 54 Certificate of Interested Entities by Armanino, LLP (Mortimer, Ann Marie) (Filed on 3/28/2023) |
| Filing 53 NOTICE of Appearance by Ann Marie Mortimer (Mortimer, Ann Marie) (Filed on 3/28/2023) |
| Filing 52 CLERK'S NOTICE PROVIDING ZOOM ACCESS AND REQUIRING REGISTRATION. The Initial Case Management Conference set for 5/26/2023 at 1:30 p.m. before Judge Jacqueline Scott Corley will be held by a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jsc 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 must be sent to the CRD at [email protected] no later than noon on 5/25/2023.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. There is no document associated with this entry.) (ahm, COURT STAFF) (Filed on 3/28/2023) |
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Filing 51
ORDER by Judge Jacqueline Scott Corley granting as modified (41) Administrative Motion Continuing Case Management Conferences in case 3:22-cv-07336-JSC. Joint Case Management Statement due by 5/19/2023. Further Case Management Conference reset for 5/26/2023 at 1:30 p.m. by a Zoom videoconference. (ahm, COURT STAFF) (Filed on 3/28/2023)
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Filing 50
ORDER by Judge Jacqueline Scott Corley granting #48 Motion for Pro Hac Vice as to Peretz Bronstein. (ahm, COURT STAFF) (Filed on 3/22/2023) Modified on 3/22/2023 (ahm, COURT STAFF).
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Filing 49
ORDER by Judge Jacqueline Scott Corley granting #47 Motion for Pro Hac Vice as to Eitan Kimelman. (ahm, COURT STAFF) (Filed on 3/22/2023)
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| Filing 48 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18095878.) filed by Russell Hawkins. (Attachments: #1 Certificate of Good Standing)(Bronstein, Peretz) (Filed on 3/22/2023) |
| Filing 47 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18095869.) filed by Russell Hawkins. (Attachments: #1 Certificate of Good Standing)(Kimelman, Eitan) (Filed on 3/22/2023) |
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Filing 46
ORDER by Judge Jacqueline Scott Corley granting #43 Motion for Pro Hac Vice as to Thomas Hoyt. (ahm, COURT STAFF) (Filed on 3/21/2023)
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Filing 45
ORDER by Judge Jacqueline Scott Corley granting #42 Motion for Pro Hac Vice as to Joanna Travalini. (ahm, COURT STAFF) (Filed on 3/21/2023)
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Filing 44
ORDER by Judge Jacqueline Scott Corley granting #41 Motion for Pro Hac Vice as to Bruce Braun. (ahm, COURT STAFF) (Filed on 3/21/2023)
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| Filing 43 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18092300.) filed by Prager Metis CPAs, LLC. (Hoyt, Tommy) (Filed on 3/21/2023) |
| Filing 42 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18092246.) filed by Prager Metis CPAs, LLC. (Travalini, Joanna) (Filed on 3/21/2023) |
| Filing 41 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18092188.) filed by Prager Metis CPAs, LLC. (Braun, Bruce) (Filed on 3/21/2023) |
| Filing 40 Summons Issued as to Nishad Singh. (slh, COURT STAFF) (Filed on 3/20/2023) |
| Filing 39 Summons Issued as to Caroline Ellison. (slh, COURT STAFF) (Filed on 3/20/2023) |
| Filing 38 Proposed Summons. (Tourek, Christopher) (Filed on 3/17/2023) |
| Filing 37 Proposed Summons. (Tourek, Christopher) (Filed on 3/17/2023) |
| Filing 36 Summons Returned Unexecuted by Russell Hawkins as to Nishad Singh. (Tourek, Christopher) (Filed on 3/17/2023) |
| Filing 35 Summons Returned Unexecuted by Russell Hawkins as to Caroline Ellison. (Tourek, Christopher) (Filed on 3/17/2023) |
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#Electronic filing error re: #27 Proposed Summons, #28 Proposed Summons filed by Russell Hawkins. This filing will not be processed by the clerks office as there is currently a summons outstanding (see doc no. #5 ). If counsel wishes to have a new summons issued, the outstanding summons(es) must first be returned using |
| Filing 34 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Defendant Samuel Bankman-Fried (Lewis, Marc) (Filed on 3/16/2023) |
| Filing 33 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options Defendant Prager Metis CPAs, LLC (Hemmendinger, Sarah) (Filed on 3/16/2023) |
| Filing 32 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options Plaintiff Russell Hawkins (Tourek, Christopher) (Filed on 3/16/2023) |
| Filing 31 Certificate of Interested Entities by Prager Metis CPAs, LLC (Hemmendinger, Sarah) (Filed on 3/16/2023) |
| Filing 30 Corporate Disclosure Statement by Prager Metis CPAs, LLC (Hemmendinger, Sarah) (Filed on 3/16/2023) |
| Filing 29 NOTICE of Appearance by Sarah Alison Hemmendinger for Prager Metis CPAs, LLC (Hemmendinger, Sarah) (Filed on 3/16/2023) |
| Filing 28 Proposed Summons. (Tourek, Christopher) (Filed on 3/16/2023) |
| Filing 27 Proposed Summons. (Tourek, Christopher) (Filed on 3/16/2023) |
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Filing 26
ORDER by Judge Jacqueline Scott Corley granting #22 Motion for Pro Hac Vice as to Richard Simins. (ahm, COURT STAFF) (Filed on 3/14/2023)
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Filing 25
ORDER by Judge Jacqueline Scott Corley granting #20 Motion for Pro Hac Vice as to Jeremy D. Mishkin. (ahm, COURT STAFF) (Filed on 3/14/2023)
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| Filing 24 STIPULATION re #1 Complaint, To Extend Time To Respond To Complaint filed by Samuel Bankman-Fried. (Lewis, Marc) (Filed on 3/13/2023) |
| Filing 23 NOTICE of Appearance by Marc Robert Lewis (Lewis, Marc) (Filed on 3/13/2023) |
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#Electronic filing error re: #21 Notice of Appearance filed by Russell Hawkins. Incorrect event used. [err101] Please re-file in its entirety using |
| Filing 22 MOTION for leave to appear in Pro Hac Vice of Richard Simins, (Filing Fee: $317.00, receipt number ACANDC-18057532) filed by Samuel Bankman-Fried. (Simins, Richard) (Filed on 3/9/2023) |
| Filing 21 NOTICE of Appearance by Eitan Kimelman (Attachments: #1 Certificate of Good Standing)(Kimelman, Eitan) (Filed on 3/9/2023) |
| Filing 20 MOTION for leave to appear in Pro Hac Vice of Jeremy D. Mishkin ( Filing fee $ 317, receipt number ACANDC-18057117.) filed by Samuel Bankman-Fried. (Mishkin, Jeremy) (Filed on 3/9/2023) |
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Filing 19
ORDER by Judge Jacqueline Scott Corley denying (19) Motion to Consolidate Cases; denying (19) Motion to Appoint Counsel in case 3:22-cv-07336-JSC. (ahm, COURT STAFF) (Filed on 3/8/2023)
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| Filing 18 NOTICE of Appearance by Peretz Bronstein (Attachments: #1 Certificate of Good Standing)(Bronstein, Peretz) (Filed on 3/8/2023) |
| #Electronic filing error re: #17 Certificate of Service filed by Russell Hawkins. Incorrect event used. [err101] Corrected by Clerk's Office. No further action is necessary. (slh, COURT STAFF) (Filed on 3/2/2023) |
| Filing 17 SUMMONS Returned Executed by Russell Hawkins. Zixiao Gary Wang served on 2/28/2023, answer due 3/21/2023. (Tourek, Christopher) (Filed on 3/1/2023) Modified on 3/2/2023 (slh, COURT STAFF). |
| Filing 16 WAIVER OF SERVICE Returned Executed filed by Russell Hawkins. Service waived by Armanino, LLP waiver sent on 2/24/2023, answer due 4/25/2023. (Tourek, Christopher) (Filed on 2/28/2023) |
| Filing 15 WAIVER OF SERVICE Returned Executed filed by Russell Hawkins. Service waived by Samuel Bankman-Fried waiver sent on 2/23/2023, answer due 4/24/2023. (Tourek, Christopher) (Filed on 2/28/2023) |
| Filing 14 WAIVER OF SERVICE Returned Executed filed by Russell Hawkins. Service waived by Prager Metis CPAs, LLC waiver sent on 2/23/2023, answer due 4/24/2023. (Tourek, Christopher) (Filed on 2/27/2023) |
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Filing 13
Order by Judge Jacqueline Scott Corley granting #11 Motion for Pro Hac Vice as to Christopher P. T. Tourek. (bxs, COURT STAFF) (Filed on 2/21/2023)
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Filing 12
Order by Judge Jacqueline Scott Corley granting #10 Motion for Pro Hac Vice as to Joshua Silverman. (bxs, COURT STAFF) (Filed on 2/21/2023)
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| Filing 11 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18006253.) filed by Russell Hawkins. (Attachments: #1 Certificate of Good Standing)(Tourek, Christopher) (Filed on 2/21/2023) |
| Filing 10 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18006184.) filed by Russell Hawkins. (Attachments: #1 Certificate of Good Standing)(Silverman, Joshua) (Filed on 2/21/2023) |
| Filing 9 Notice of Motion Filed with Judicial Panel on Multidistrict Litigation. In Re: FTX Collapse Litigation. Petitioners' Edwin Garrison et al. Motion for Transfer of Related Actions to the Southern District of Florida. (wsn, COURT STAFF) (Filed on 2/15/2023) |
| Filing 8 Case Reassigned to Judge Jacqueline Scott Corley. Magistrate Judge Thomas S. Hixson no longer assigned to the case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras (mbc, COURT STAFF) (Filed on 12/19/2022) |
| Filing 7 CLERK'S NOTICE CONTINUING INITIAL CASE MANAGEMENT CONFERENCE. Please take notice that the case management conference set for March 2, 2023 is continued to April 6, 2023 at 1:30 p.m. before Judge Jacqueline Scott Corley via a Zoom webinar. Joint Case Management Statement is due by 3/30/2023. Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.u scourts.gov/jsc 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 must be sent to the CRD at [email protected] no later than noon 4/5/2023.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. There is no document associated with this entry.) (ahm, COURT STAFF) (Filed on 12/19/2022) |
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Filing 6
ORDER RELATING CASE. Signed by Judge Jacqueline Scott Corley on 12/19/2022. (22-cv-7444, 22-cv-7620, and 22-cv-7666 are related to this action.) (ahm, COURT STAFF) (Filed on 12/19/2022) Modified on 12/19/2022 (ahm, COURT STAFF).
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| Filing 5 Summons Issued as to Armanino, LLP, Samuel Bankman-Fried, Caroline Ellison, Prager Metis CPAs, LLC, Nishad Singh, Zixiao Gary Wang. (slh, COURT STAFF) (Filed on 12/5/2022) |
| Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 2/23/2023. Initial Case Management Conference set for 3/2/2023 10:00 AM in San Francisco, Courtroom G, 15th Floor. (slh, COURT STAFF) (Filed on 12/5/2022) |
| Filing 3 Case assigned to Magistrate Judge Thomas S. Hixson. 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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 12/19/2022. (as, COURT STAFF) (Filed on 12/5/2022) |
| Filing 2 Proposed Summons. (Pafiti, Jennifer) (Filed on 12/2/2022) |
| Filing 1 CLASS ACTION COMPLAINT against Armanino, LLP, Samuel Bankman-Fried, Caroline Ellison, Prager Metis CPAs, LLC, Nishad Singh, Zixiao Gary Wang ( Filing fee $ 402, receipt number ACANDC-17781354). Filed by Russell Hawkins. (Attachments: #1 Civil Cover Sheet)(Pafiti, Jennifer) (Filed on 12/2/2022) Modified on 12/5/2022 (slh, COURT STAFF). |
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