HIKMATULLAEV et al v. VILLA et al
| TEMURBEK HIKMATULLAEV and ASATILLA YAKVALKHODJAEV |
| MARCO ALESSANDRO VILLA, ALESSIO MULASSO, Giorgio Mariani, LUMECH, INC. and John Does 1-25 |
| COINBASE, INC. |
| 1:2023cv22338 |
| June 23, 2023 |
| US District Court for the Southern District of Florida |
| Roy K Altman |
| Lisette M Reid |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on August 15, 2023. A more recent docket listing may be available from PACER.
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Filing 47
PAPERLESS ORDER. We held a status conference in this case on August 11, 2023. See Paperless Minute Entry for Proceedings Held on August 11, 2023 [ECF No. 46]. For the reasons stated on the record at that hearing, and because the parties have both consented and adequately established good cause given the potential for resolution of all the issues in this case, the temporary restraining order in this case, see generally Order Adopting Report and Recommendation on the Application for an Ex Parte Temporary Restraining Order [ECF No. 16], is extended to August 22, 2023. By August 23, 2023, at 10:00 a.m., the parties in this case shall file a joint notice telling us whether they've settled this case (in whole or in part) and whether they need another hearing on the remaining issues in the case. Signed by Judge Roy K. Altman on 8/15/2023. (bto)
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| Filing 46 PAPERLESS MINUTE ENTRY for proceedings held before Judge Roy K. Altman: Status Conference held on August 11, 2023. Total time in court: 16 minutes. Attorney Appearance(s): Brandon T. White, Christina Maria Flores, Chirag H. Patel, Daniel Alexander Milian, Mayelin Teresa Rodriguez. Paper order to follow. Court Reporter: Francine Salopek, 305-301-3276 / mjsfcs@aol.com. (bto) |
| Filing 45 PAPERLESS Minute Order for proceedings held before Magistrate Judge Lisette M. Reid: Status Conference held on 8/8/2023. Total time in court: 15 minutes. Attorney Appearance(s): Brandon T. White, Christina Maria Flores, Chirag H. Patel, Daniel Alexander Milian, Alexandra Sierra-De Varona, (Digital REID 01 08/08/23 ZOOM) (br) |
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Filing 44
ORDER FOLLOWING STATUS CONFERENCE HELD ON JULY 31, 2023 AND SETTING FURTHER STATUS CONFERENCE. Status conference set for August 8, 2023 at 05:00 PM before Magistrate Judge Lisette M. Reid via Zoom. The Zoom information will be emailed to counsel of record. Signed by Magistrate Judge Lisette M. Reid on 8/4/2023. See attached document for full details. (ama)
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Filing 43
PAPERLESS ORDER EXTENDING THE TEMPORARY RESTRAINING ORDER. Under FED. R. CIV. P. 65(b)(2), a temporary restraining order ("TRO") "expires at the time after entry---not to exceed 14 days---that the court sets, unless before that time the court, for good cause, extends it for a like period or the adverse party consents to a longer extension. The reasons for an extension must be entered in the record." The TRO in this case, see generally Order Adopting Report and Recommendation on the Application for an Ex Parte Temporary Restraining Order [ECF No. 16], is set to expire on August 2, 2023, see Paperless Order Granting the Plaintiffs' Motion for an Extension of this Court's July 5, 2023 Temporary Restraining Order. But the Plaintiffs and the Defendants are close to resolving all of the outstanding claims. And, because the Third-Party Defendant, Coinbase, Inc., only has an interest in completing the transfer of assets between the Plaintiffs and the Defendants once the Plaintiffs' claims have been resolved, we find "good cause" to extend the TRO by fourteen days to August 16, 2023. Given this extension, the Motion to Extend the Temporary Restraining Order [ECF No. 41] is DENIED AS MOOT. Signed by Judge Roy K. Altman on 8/2/2023. (bto)
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Filing 42
PAPERLESS ORDER WITHDRAWING #35 Report and Recommendations re #5 MOTION for Temporary Restraining Order filed by ASATILLA YAKVALKHODJAEV, TEMURBEK HIKMATULLAEV. Signed by Magistrate Judge Lisette M. Reid on 8/2/2023. (ama)
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| Filing 41 MOTION to Agreed Order or, Alternatively, to Extend the Temporary Restraining Order to August 11, 2023 by TEMURBEK HIKMATULLAEV, ASATILLA YAKVALKHODJAEV. (Attachments: #1 Exhibit)(Flores, Christina) |
| Filing 40 PAPERLESS NOTICE OF HEARING: This case is set for a status conference on August 11, 2023, at 3:00 p.m. in the Miami Division before Judge Roy K. Altman. The parties shall appear via Zoom. Meeting ID: 160 7688 8099; Passcode: 183310. (bto) |
| Filing 39 NOTICE by LUMECH, INC., Giorgio Mariani, MARCO ALESSANDRO VILLA re #35 REPORT AND RECOMMENDATIONS re #5 MOTION for Temporary Restraining Order filed by ASATILLA YAKVALKHODJAEV, TEMURBEK HIKMATULLAEV (Milian, Daniel) |
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Filing 38
PAPERLESS ORDER GRANTING #36 the Third-Party Respondent Coinbase, Inc.'s First Unopposed Motion for Extension of Time to File a Responsive Pleading. Coinbase must respond to #1 the Complaint by August 24, 2023. Signed by Judge Roy K. Altman on 8/2/2023. (bto)
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| Filing 37 NOTICE by ALESSIO MULASSO re #35 REPORT AND RECOMMENDATIONS re #5 MOTION for Temporary Restraining Order filed by ASATILLA YAKVALKHODJAEV, TEMURBEK HIKMATULLAEV (Rodriguez, Mayelin) |
| Filing 36 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Third-Party Respondent Coinbase, Inc. by COINBASE, INC.. Attorney Brandon T. White added to party COINBASE, INC.(pty:3pd). (White, Brandon) |
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Filing 35
(WITHDRAWN PER DE#42) REPORT AND RECOMMENDATIONS re #5 MOTION for Temporary Restrai) ning Order filed by ASATILLA YAKVALKHODJAEV, TEMURBEK HIKMATULLAEV. Recommending that the Temporary Restraining Order #16 be extended and directing third-party defendant to complete asset transfer. Objections to R&R due by 8/4/2023. Signed by Magistrate Judge Lisette M. Reid on 8/1/2023. See attached document for full details. (ama) Modified Text on 8/3/2023 (cds).
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| Filing 34 PAPERLESS Minute Order for proceedings held before Magistrate Judge Lisette M. Reid: Motion Hearing held on 7/31/2023 re #5 MOTION for Temporary Restraining Order filed by ASATILLA YAKVALKHODJAEV, TEMURBEK HIKMATULLAEV. Order to follow. (Status Conference set for 8/8/2023 05:00 PM in Miami Division before Magistrate Judge Lisette M. Reid via Zoom; The Meeting ID: 161 317 6765; Passcode: 827898 ). Total time in court: 20 minutes. Attorney Appearance(s): Christina Maria Flores, Chirag H. Patel, Daniel Alexander Milian, Mayelin Teresa Rodriguez, Dennis Kainen. (Digital REID 01 07/31/23 ZOOM) (br) |
| Filing 33 NOTICE of Change of Address, Email or Law Firm Name by Mayelin Teresa Rodriguez (Rodriguez, Mayelin) |
| Filing 32 PAPERLESS Minute Order for proceedings held before Magistrate Judge Lisette M. Reid: Motion Hearing held on 7/24/2023 re #5 MOTION for Temporary Restraining Order. The Court grants the parties' oral motion to continue today's hearing. Plaintiffs and Defendants have agreed to a settlement of the issues raised in this case and acknowledge Defendants' intent to return funds received from Plaintiffs and to direct Coinbase to return Plaintiffs' funds, less certain transaction fees. The Parties seek additional time to finalize the terms of the Settlement. (Continuation of Hearing re: Preliminary Injunction set for 7/31/2023 04:00 PM in Miami Division before Magistrate Judge Lisette M. Reid via Zoom). The Meeting ID: 161 929 9653, and the Passcode: 599861 Total time in court: 30 minutes. Attorney Appearance(s): Christina Maria Flores, Chirag H. Patel, Lisa Carney Eldridge, Daniel Alexander Milian, Mayelin Teresa Rodriguez, Dennis Kainen. (Digital 14:01:17; REID 03 07/24/23 ZOOM) (br) |
| Filing 31 RESPONSE to #22 MOTION for Extension of Time Plaintiffs' Motion for Extension of This Court's July 5, 2023 Temporary Restraining Order with Their Incorporated Memorandum of Law re #16 Order Adopting Report and Recommendations,, Order on Motion f, #5 MOTION for Temporary Restraining Order by ALESSIO MULASSO. (Attachments: #1 Exhibit Declaration of Alessio Mulasso)(Rodriguez, Mayelin) |
| Filing 30 RESPONSE in Opposition re #22 MOTION for Extension of Time Plaintiffs' Motion for Extension of This Court's July 5, 2023 Temporary Restraining Order with Their Incorporated Memorandum of Law re #16 Order Adopting Report and Recommendations,, Order on Motion f filed by LUMECH, INC., Giorgio Mariani, MARCO ALESSANDRO VILLA. Replies due by 7/27/2023. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F)(Milian, Daniel) |
| Filing 29 NOTICE of Attorney Appearance by Daniel Alexander Milian on behalf of LUMECH, INC., Giorgio Mariani, MARCO ALESSANDRO VILLA. Attorney Daniel Alexander Milian added to party LUMECH, INC.(pty:dft), Attorney Daniel Alexander Milian added to party Giorgio Mariani(pty:dft), Attorney Daniel Alexander Milian added to party MARCO ALESSANDRO VILLA(pty:dft). (Milian, Daniel) |
| Filing 28 NOTICE of Attorney Appearance by Ana Elena Tovar Pigna on behalf of LUMECH, INC., Giorgio Mariani, MARCO ALESSANDRO VILLA. Attorney Ana Elena Tovar Pigna added to party LUMECH, INC.(pty:dft), Attorney Ana Elena Tovar Pigna added to party Giorgio Mariani(pty:dft), Attorney Ana Elena Tovar Pigna added to party MARCO ALESSANDRO VILLA(pty:dft). (Tovar Pigna, Ana) |
| Filing 27 NOTICE by TEMURBEK HIKMATULLAEV, ASATILLA YAKVALKHODJAEV of Filing (Attachments: #1 Exhibit 1 - Declaration of Lisa Carney Eldridge, #2 Exhibit 2 - Declaration of Christina M. Flores, #3 Exhibit 3 - Return of Non-Service for Marco Alessandro Villa, #4 Exhibit 4 - Return of Non-Service of Giorgio Mariani, #5 Exhibit 5 - Return of Non-Service of Alessio Mulasso) (Flores, Christina) |
| Filing 26 NOTICE of Attorney Appearance by Mayelin Teresa Rodriguez on behalf of ALESSIO MULASSO. Attorney Mayelin Teresa Rodriguez added to party ALESSIO MULASSO(pty:dft). (Rodriguez, Mayelin) |
| Filing 25 NOTICE of Attorney Appearance by Alexandra Sierra-De Varona on behalf of ALESSIO MULASSO. Attorney Alexandra Sierra-De Varona added to party ALESSIO MULASSO(pty:dft). (Sierra-De Varona, Alexandra) |
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Filing 24
PAPERLESS ORDER setting hearing #5 MOTION for Temporary Restraining Order for 7/24/23 at 2:00 PM before Magistrate Judge Lisette M. Reid via Zoom. The Zoom Meeting ID is Passcode: 160 080 4928; The Passcode is 654549. Signed by Magistrate Judge Lisette M. Reid on 7/19/2023. (br)
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Filing 23
PAPERLESS ORDER GRANTING #22 the Plaintiffs' Motion for Extension of this Court's July 5, 2023, Temporary Restraining Order (the "Motion"). On July 17, 2023, United States Magistrate Judge Lisette M. Reid continued the hearing on the Plaintiffs' motion for a preliminary injunction to July 24, 2023, because the Plaintiffs' raised their "as-of-yet unsuccessful efforts to serve all Defendants." Order Continuing Hearing on the Plaintiffs' Motion for Preliminary Injunction [ECF No. 21] at 1. To allow enough time for the Plaintiffs to perfect service, for Magistrate Judge Reid to "conduct[ ] a hearing on [the] Plaintiffs' application for a preliminary injunction, and for this Court to rule upon the Magistrate Judge's report and recommendation following that hearing," the Plaintiffs ask us to extend our July 5, 2023, temporary restraining order to August 2, 2023. Motion at 5. Finding that the lack of service and the continued hearing constitute "good cause" to extend the temporary restraining order under FED. R. CIV. P. 65(b)(2), we'll GRANT the Motion and extend the temporary restraining order, see generally Order Adopting Magistrate Judge Reid's Report and Recommendation [ECF No. 16], to August 2, 2023. Signed by Judge Roy K. Altman on 7/18/2023. (bto)
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| Filing 22 MOTION for Extension of Time Plaintiffs' Motion for Extension of This Court's July 5, 2023 Temporary Restraining Order with Their Incorporated Memorandum of Law re #16 Order Adopting Report and Recommendations,, Order on Motion for Temporary Restraining Order,, Order on Report and Recommendations, by TEMURBEK HIKMATULLAEV, ASATILLA YAKVALKHODJAEV. Responses due by 8/1/2023 (Attachments: #1 Exhibit A - Declaration of Lisa Carney Eldridge In Support of Motion to Extend Temporary Restraining Order)(Flores, Christina) |
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Filing 21
ORDER CONTINUING HEARING ON PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION. Preliminary Injunction Hearing set for 7/24/2023 at 02:00 PM before Magistrate Judge Lisette M. Reid. Signed by Magistrate Judge Lisette M. Reid on 7/17/2023. See attached document for full details. (mee)
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| Filing 20 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Lisette M. Reid: Motion Hearing held on 7/17/2023 re #5 MOTION for Temporary Restraining Order filed by ASATILLA YAKVALKHODJAEV, TEMURBEK HIKMATULLAEV. Plaintiffs' counsel appeared at the hearing; No Defendants, nor counsel attended the hearing. Written order to follow. Attorney Appearance(s): Chirag H. Patel, Lisa Carney Eldridge, Christina Maria Flores and Reece Frederik. Total time in court: 35 minutes. (Digital 10:02:16/LMR_01_7.17.23 zoom) (aw) |
| Filing 19 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by ASATILLA YAKVALKHODJAEV, TEMURBEK HIKMATULLAEV. COINBASE, INC. served on 7/13/2023, response/answer due 8/3/2023. (Flores, Christina) |
| Filing 18 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by ASATILLA YAKVALKHODJAEV, TEMURBEK HIKMATULLAEV. LUMECH, INC. served on 7/12/2023, response/answer due 8/2/2023. (Flores, Christina) |
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Filing 17
PAPERLESS Order Motion/Evidentiary Hearing set for 7/17/2023 10:00 AM in Miami Division before Magistrate Judge Lisette M. Reid via Zoom. The Meeting ID: 160 546 3982; The Passcode: 663302. Signed by Magistrate Judge Lisette M. Reid on 7/11/2023. (br)
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Filing 16
ORDER ADOPTING REPORT AND RECOMMENDATIONS, GRANTED in part and DENIED in part #5 Motion for Temporary Restraining Order filed by ASATILLA YAKVALKHODJAEV, TEMURBEK HIKMATULLAEV,. Certificate of Appealability: No Ruling Signed by Judge Roy K. Altman on 7/5/2023. See attached document for full details. (nwn)
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| Filing 15 NOTICE by TEMURBEK HIKMATULLAEV, ASATILLA YAKVALKHODJAEV No Objection to the Magistrate Judge's June 28, 2023 Report and Recommendation [ECF No. 14] and Request for the Entry of the Recommended Temporary Restraining Order (Flores, Christina) |
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Filing 14
REPORT AND RECOMMENDATION re #5 MOTION for Temporary Restraining Order and Preliminary Injunction filed by ASATILLA YAKVALKHODJAEV, TEMURBEK HIKMATULLAEV Recommending that Plaintiffs Motion for TRO be GRANTED in part and DENIED in part. Objections to R&R due by 7/12/2023. Signed by Magistrate Judge Lisette M. Reid on 6/28/2023. See attached document for full details. (cds)
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Filing 13
ORDER REFERRING #5 MOTION for Temporary Restraining Order filed by ASATILLA YAKVALKHODJAEV, TEMURBEK HIKMATULLAEV. Motions referred to Judge Lisette M. Reid. Signed by Judge Roy K. Altman on 6/26/2023. See attached document for full details. (cds)
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Filing 12
ORDER IN CASES WITH MULTIPLE DEFENDANTS. Signed by Judge Roy K. Altman on 6/26/2023. See attached document for full details. (cds)
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Filing 11
PAPERLESS ORDER GRANTING #7 Lisa Carney Eldridge's Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Lisa Carney Eldridge may appear and participate in this action on behalf of the Plaintiffs. The Clerk shall provide electronic notification of all electronic filings to leldridge@clarkhill.com. Signed by Judge Roy K. Altman on 6/26/2023. (bto)
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Filing 10
PAPERLESS ORDER GRANTING #6 Chirag H. Patel's Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Chirag H. Patel may appear and participate in this action on behalf of the Plaintiffs. The Clerk shall provide electronic notification of all electronic filings to cpatel@clarkhill.com. Signed by Judge Roy K. Altman on 6/26/2023. (bto)
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| Filing 9 Summons Issued as to MARCO ALESSANDRO VILLA. (cds) |
| Filing 8 NOTICE of Filing Proposed Summons(es) to MARCO ALESSANDRO VILLA by TEMURBEK HIKMATULLAEV, ASATILLA YAKVALKHODJAEV re #1 Complaint, filed by ASATILLA YAKVALKHODJAEV, TEMURBEK HIKMATULLAEV (Flores, Christina) |
| Filing 7 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Lisa Eldridge. Filing Fee $ 200.00 Receipt # AFLSDC-16718547 by TEMURBEK HIKMATULLAEV, ASATILLA YAKVALKHODJAEV. Responses due by 7/10/2023 (Attachments: #1 Text of Proposed Order)(Flores, Christina) |
| Filing 6 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Chirag Patel. Filing Fee $ 200.00 Receipt # AFLSDC-16718491 by TEMURBEK HIKMATULLAEV, ASATILLA YAKVALKHODJAEV. Responses due by 7/10/2023 (Attachments: #1 Text of Proposed Order)(Flores, Christina) |
| Filing 5 MOTION for Temporary Restraining Order by TEMURBEK HIKMATULLAEV, ASATILLA YAKVALKHODJAEV. Responses due by 7/10/2023 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Text of Proposed Order)(Flores, Christina) |
| Filing 4 Clerk's Notice to Filer re: Summons(es) will not be issued. The party(ies) on the summons(es) does not match the initiating documents (Incorrect Spelling). Filer may file a Notice of Filing Proposed Summons(es) with the corrected summons attached for MARCO ALESSANDRO VILLA. (nwn) |
| Filing 3 Summons Issued as to COINBASE, INC., LUMECH, INC., ALESSIO MULASSO, Giorgio Mariani. (nwn) |
| 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. (nwn) |
| Filing 1 COMPLAINT against COINBASE, INC., John Does 1-25, LUMECH, INC., ALESSIO MULASSO, Giorgio Mariani, MARCO ALESSANDRO VILLA. Filing fees $ 402.00 receipt number AFLSDC-16716020, filed by ASATILLA YAKVALKHODJAEV, TEMURBEK HIKMATULLAEV. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s), #4 Summon(s), #5 Summon(s), #6 Summon(s))(Flores, Christina) |
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