In the Matter of the Application of nChain Holding AG for an Order Pursuant to 28 U.S.C. 1782 Directing Discovery for Use in Proceedings in the United Kingdom
Petitioner: nChain Holding AG
Respondent: Eric Finnerud
Case Number: 1:2024cv05244
Filed: November 15, 2024
Court: U.S. District Court for the Northern District of Georgia
Presiding Judge: Mark H Cohen
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. § 1782 Assistance to foreign and international tribunals
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 16, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 16, 2024 Civil Case Terminated. Magistrate Judge Walter E. Johnson terminated from case. (klb)
December 13, 2024 Filing 20 STIPULATION Regarding Application for Discovery Pursuant to 28 U.S.C. 1782 by nChain Holding AG. (Moye, John)
December 13, 2024 Filing 19 STIPULATION For Entry of Protective Order Regarding Confidential Information by nChain Holding AG. (Moye, John)
November 15, 2024 Case reported statistically. Matter transferred from 1:24-mi-68-MHC-WEJ. (dgr)
November 14, 2024 Filing 18 Minute Entry for proceedings held before Magistrate Judge Walter E. Johnson: Telephonic hearing held on 11/14/2024 regarding Ex Parte APPLICATION for Judicial Assistance Pursuant to 28 U.S.C. 1782 by nChain Holding AG. (Tape #FTR)(klb)
November 13, 2024 Filing 17 REPLY BRIEF re #1 Ex Parte APPLICATION for Judicial Assistance Pursuant to 28 U.S.C. 1782 Memorandum of Law in Support of Respondent Eric Finnerud's Objections to nChain Holdings AG's Subpoenas filed by Eric Finnerud. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D)(Nonni, Mark)
November 13, 2024 Filing 16 RESPONSE in Support re #1 Ex Parte APPLICATION for Judicial Assistance Pursuant to 28 U.S.C. 1782 filed by nChain Holding AG. (Attachments: #1 Exhibit 1 (09-30-2024 Email), #2 Exhibit 2 (09-30-2024 Letter Subpoena Response), #3 Exhibit 3 (11-01-2024 Email), #4 Exhibit 4 (Proposed Stipulation for Entry of Protective Order))(Moye, John)
November 8, 2024 Opinion or Order Filing 15 ORDER - Mr. Nonni seeks an exception to the requirement that local counsel maintain an office in this district based on his bar memberships, Atlanta satellite office, and current representation of Mr. Finnerud in a related case pending in the State Court of Fulton County, Georgia. (See Mot. For Exception 2-5.) Accordingly, for good cause shown, the Court GRANTS the Motion for Limited Exception to Local Counsel Requirement Under LR 83.1(B)(4), NDGa #14 and will permit Mr. Nonni to serve as local counsel on this case. Signed by Magistrate Judge Walter E. Johnson on 11/8/24. (klb)
November 7, 2024 Submission of #14 MOTION for Order GRANTING LIMITED EXCEPTION TO LOCAL COUNSEL REQUIREMENT UNDER LR 83.1(B)(4), NDGa, to Magistrate Judge Walter E. Johnson. (lme)
November 7, 2024 Submission of #14 MOTION for Order GRANTING LIMITED EXCEPTION TO LOCAL COUNSEL REQUIREMENT UNDER LR 83.1(B)(4), NDGa, to District Judge Mark H. Cohen. (klb)
November 6, 2024 Filing 14 MOTION for Order Granting Limited Exception to Local Counsel Requirement Under LR 83.1(B)(4), NDGa by Eric Finnerud. (Nonni, Mark) Modified on 11/8/2024 to remove all capitalization from docket text (tcc).
October 15, 2024 Opinion or Order Filing 13 ORDER - the Court ORDERS counsel for respondent to meet and confer with counsel for petitioner. If counsel cannot resolve this dispute after attempting to do so in good faith, and only then, the parties are ORDERED to contact the undersigneds Courtroom Deputy Clerk (706-378-4090) with jointly agreeable proposed dates for a telephonic hearing. Counsel may submit briefs no longer than five (5) pages setting out their positions. The Court further DIRECTS respondents counsel to file a Motion seeking an order from the presiding District Judge excusing Mr. Nonni from maintaining an office in this district as required by this Courts Local Rules. The parties shall have until November 14, 2024 to comply with this Order. The Court VACATES the order which had set a hearing in this matter for October 16, 2024. Signed by Magistrate Judge Walter E. Johnson on 10/15/24. (klb)
October 15, 2024 Opinion or Order MINUTE ORDER Granting #12 Application for Admission Pro Hac Vice of Frederick A. Rispoli by CRD at the direction of the Clerk's Office. Approved by Judge Mark H. Cohen on 10/15/2024. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(lme)
October 15, 2024 APPROVAL by Clerks Office re: #12 APPLICATION for Admission of Frederick A. Rispoli Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13789853). Attorney Frederick Rispoli added appearing on behalf of Eric Finnerud. E-filing access may be requested after an order granting the application is entered. (esr)
October 14, 2024 Filing 12 APPLICATION for Admission of Frederick A. Rispoli Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13789853).by Eric Finnerud. (Nonni, Mark) Documents for this entry are not available for viewing outside the courthouse.
October 14, 2024 Filing 11 NOTICE of Appearance by Mark W. Nonni on behalf of Eric Finnerud (Nonni, Mark)
October 9, 2024 VACATED PER ORDER #13 FILED 10/15/2024Set Hearings: Telephonic Hearing set for 10/16/2024 at 10:30 AM in ROME Courtroom 201 before Magistrate Judge Walter E. Johnson. (klb) Modified on 10/15/2024 (klb).
September 9, 2024 Filing 10 NOTICE Of Filing Proof of Service of Subpoenas by nChain Holding AG (Attachments: #1 Exhibit 1 (Proof of Service of Deposition Subpoena), #2 Exhibit 2 (Proof of Service of Document Subpoena))(Moye, John)
August 20, 2024 Opinion or Order Filing 9 ORDER - it is hereby ORDERED that Applicant nChain Holding AG is authorized, under 28 U.S.C. 1782(a), to seek discovery from Eric Finnerud a/k/a E. Smitty pursuant to the Federal Rules of Civil Procedure by serving the proposed subpoenas [1-31] [1-32] on him. Service of the subpoenas shall be accompanied by a copy of the Application #1 , Applicants Memorandum of Law [1-1], and a copy of this Order. If Mr. Finnerud has objections to the subpoenas, his counsel shall meet and confer with counsel for nChain within fourteen (14) days after service of the subpoena in an effort to resolve those issues. If the parties cannot resolve their issues, then they are DIRECTED to contact the undersigned Magistrate Judges Courtroom Deputy Clerk (706-378-4090) with jointly agreeable proposed dates for a telephonic hearing. The parties can send short emails to her (Kari_Butler@gand.uscourts.gov) outlining their respective positions. If Mr. Finnerud has no objections to the subpoenas, then he is ORDERED to comply with them within thirty (30) days after their service, unless the parties mutually agree to a date outside that deadline. Signed by Magistrate Judge Walter E. Johnson on 8/20/24. (klb)
August 19, 2024 Opinion or Order MINUTE ORDER GRANTING #8 Application for Admission Pro Hac Vice of Rollo Baker by CRD at the direction of the Clerk's Office. Approved by Judge Mark H. Cohen on 8/19/2024. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(lme)
July 30, 2024 Clerk's Notation re #5 Certificate of Interested Persons/Corporate Disclosure Statement reviewed by Mark H. Cohen. (lme)
July 24, 2024 APPROVAL by Clerks Office re: #8 APPLICATION for Admission of Rollo Baker Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13592278). Attorney Rollo C. Baker, IV added appearing on behalf of nChain Holding AG. E-filing access may be requested after an order granting the application is entered. (esr)
July 23, 2024 Filing 8 APPLICATION for Admission of Rollo Baker Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13592278).by nChain Holding AG. (Moye, John) Documents for this entry are not available for viewing outside the courthouse.
July 23, 2024 Opinion or Order MINUTE ORDER GRANTING #7 Application for Admission Pro Hac Vice of Vivek Tata by CRD at the direction of the Clerk's Office. Approved by Judge Mark H. Cohen on 7/23/2024. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(lme)
July 23, 2024 APPROVAL by Clerks Office re: #7 APPLICATION for Admission of Vivek Tata Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13587679). Attorney Vivek Tata added appearing on behalf of nChain Holding AG. E-filing access may be requested after an order granting the application is entered. (cpp)
July 22, 2024 Filing 7 APPLICATION for Admission of Vivek Tata Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13587679).by nChain Holding AG. (Moye, John) Documents for this entry are not available for viewing outside the courthouse.
July 19, 2024 Opinion or Order MINUTE ORDER GRANTING #6 Application for Admission Pro Hac Vice of Shams Hirji by CRD at the direction of the Clerk's Office. Approved by Judge Mark H. Cohen on 7/19/2024. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(lme)
July 19, 2024 APPROVAL by Clerks Office re: #6 APPLICATION for Admission of Shams Hirji Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13581423). Attorney Shams Hirji added appearing on behalf of nChain Holding AG. E-filing access may be requested after an order granting the application is entered. (esr)
July 19, 2024 Submission of #1 Ex Parte APPLICATION for Judicial Assistance Pursuant to 28 U.S.C. 1782 to Magistrate Judge Walter E. Johnson. (gww)
July 18, 2024 Filing 6 APPLICATION for Admission of Shams Hirji Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13581423).by nChain Holding AG. (Moye, John) Documents for this entry are not available for viewing outside the courthouse.
July 18, 2024 Filing 5 Certificate of Interested Persons and Corporate Disclosure Statement by nChain Holding AG. (Moye, John)
July 18, 2024 Filing 4 Letter from Clerk re: LR 83.1 Attorney Admission requirements sent to Shams Hirji. Clerk to follow-up by 7/29/2024. (esr)
July 18, 2024 Filing 3 Letter from Clerk re: LR 83.1 Attorney Admission requirements sent to Vivek Tata. Clerk to follow-up by 7/29/2024. (esr)
July 18, 2024 Filing 2 Letter from Clerk re: LR 83.1 Attorney Admission requirements sent to Rollo C. Baker, IV. Clerk to follow-up by 7/29/2024. (esr)
July 18, 2024 Filing Fee Paid: $ 52, receipt number AGANDC-13573531 (gww)
July 15, 2024 Filing 1 Ex Parte APPLICATION for Judicial Assistance Pursuant to 28 U.S.C. 1782 by nChain Holding AG. (Attachments: #1 Brief, #2 Brief Addendum 1 (Clerk & Lindsell Treatise), #3 Declaration of Rollo C. Baker IV, #4 Declaration of Stefan Matthews, #5 Declaration of William Anderson, #6 Exhibit 1 to Anderson Decl. (CMS Letter to CAH - 09-30-2023), #7 Exhibit 1 to Baker Decl. (E. Smitty LinkedIn), #8 Exhibit 1 to Matthews Decl. (Christen Ager-Hanssen - Consulting Agreement), #9 Exhibit 2 to Anderson Decl. (October 13 Injunction - 10-13-2023), #10 Exhibit 2 to Matthews Decl. (nChain Company Statement on CAH Termination), #11 Exhibit 2 to Baker Decl. (Sound Alive Enterprise, LLC - GA SOS Business Search), #12 Exhibit 3 to Anderson Decl. (October 27 Injunction - 10-27-2023), #13 Exhibit 3 to Baker Decl. (January 2024 Consulting Invoice Sound Alive Enterprise, #14 Exhibit 4 to Anderson Decl. (Device Return Order - 01-19-2024), #15 Exhibit 4 to Baker Decl. (February 2024 Consulting Invoice Sound Alive Enterpris, #16 Exhibit 5 to Anderson Decl. (Permanent Injunction Order - 04-19-2024), #17 Exhibit 6 to Anderson Decl. (Contempt Order - 05-03-2024), #18 Exhibit 7 to Anderson Decl. (Approved Judgment Following Contempt Hearing - 05-0, #19 Exhibit 8 to Anderson Decl. (Letter of Claim to Ager-Hanssen - 04-29-2024), #20 Exhibit 9 to Anderson Decl. (Letter of Claim to Andrew Moody - 04-29-2024), #21 Exhibit 10 to Anderson Decl. 10 (Letter of Claim to David Brookes - 04-29-2024), #22 Exhibit 11 to Anderson Decl. (Letter of Claim to Zafar Ali - 04-29-2024), #23 Exhibit 12 to Anderson Decl. (Letter of Claim to Endri Gjata - 04-29-2024), #24 Exhibit 13 to Anderson Decl. (Letter of Claim to Lars Jacob Bo - 04-29-2024), #25 Exhibit 14 to Anderson Decl. (Letter of Claim to Peter Coulson - 04-29-2024), #26 Exhibit 15 to Anderson Decl. (Finerrud Jan 29 2024 Letter to nChain - 01-29-2024, #27 Exhibit 16 to Anderson Decl. (CMS Feb 27 2024 Letter to nChain - 02-27-2024), #28 Exhibit 17 to Anderson Decl. (Finnerud Feb 27 2024 Letter to nChain Excluding Fa, #29 Exhibit 18 to Anderson Decl. (CMS April 12 2024 Letter to Finnerud - 04-12-2024), #30 Exhibit 19 to Anderson Decl. (CMS April 12 2024 Letter to Custos - 04-12-2024), #31 Exhibit A to Petition (Deposition Subpoena), #32 Exhibit B to Petition (Documents Subpoena), #33 Text of Proposed Order, #34 Civil Cover Sheet)(gww)

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Respondent: Eric Finnerud
Represented By: Mark W. Nonni
Represented By: Frederick Anthony Rispoli
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Petitioner: nChain Holding AG
Represented By: Vivek Vijay Tata
Represented By: Vivek Vijay Tata
Represented By: Shams Hirji
Represented By: Shams Hirji
Represented By: Rollo C. Baker, IV
Represented By: Rollo C. Baker, IV
Represented By: John Michael Moye
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