Magma Holdings, Inc., a Nevada Corporation et al
| META LAB, INC., a Nevada Corporation, MAGMA HOLDINGS, INC., a Nevada Corporation, Magma Holding, Inc. and Meta Lab, Inc. |
| Ka Tat "Karter" Au-Yeung, Siyun Crystal Lu and Huihui Sindy Sun |
| KA TAT "KARTER" AU-YEUNG, an individual |
| Qian Xu, Yuxiang Gao, MOTI Technology Co., LTD, Michael and Daniel |
| Kevin Singer |
| 2:2020cv00406 |
| February 26, 2020 |
| US District Court for the District of Nevada |
| Richard F Boulware |
| Brenda Weksler |
| Contract: Other |
| 15 U.S.C. § 1125 |
| Defendant |
Docket Report
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This docket was last retrieved on October 24, 2023. A more recent docket listing may be available from PACER.
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Filing 263
Second Amended Stipulated Discovery Plan and Scheduling Order re #260 Order on Discovery Plan and Scheduling Order, by ThirdParty Plaintiff Ka Tat "Karter" Au-Yeung, Counter Claimant Ka Tat "Karter" Au-Yeung, Defendant Ka Tat "Karter" Au-Yeung. (Vlasic, Charles)
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Filing 262
RECEIVER'S SEPTEMBER 2021 Report and Notice of Intent to Pay Receiver's Fees and Expenses by Kevin Singer. (Attachments: #1 Index, #2 Exhibit) (JQC)
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Filing 261
NOTICE of Change of Address by Daniel R McNutt. (McNutt, Daniel)
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Filing 260
ORDER granting #259 Request to Reschedule Status Hearing. Status Conference set for 11/9/2021 at 09:00 AM in LV Courtroom 7C by videoconference before Judge Richard F. Boulware II. Signed by Judge Richard F. Boulware, II on 10/1/2021. (Copies have been distributed pursuant to the NEF - JQC)
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Filing 259
Amended Stipulated Discovery Plan and Scheduling Order re #256 Discovery Plan and Scheduling Order by ThirdParty Plaintiff Ka Tat "Karter" Au-Yeung, Counter Claimant Ka Tat "Karter" Au-Yeung, Defendant Ka Tat "Karter" Au-Yeung. (Vlasic, Charles)
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Filing 258
RECEIVER'S AUGUST 2021 Report and Notice of Intent to Pay Receiver's Fees and Expenses by Kevin Singer. (Attachments: #1 Exhibit) (JQC)
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Filing 257
RECEIVER'S July 2021 Report and Notice of Intent to Pay Receiver's Fees and Expenses by Kevin Singer. (Attachments: #1 Exhibit, #2 Exhibit) (JQC)
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Filing 256
Stipulated Discovery Plan and Scheduling Order by ThirdParty Defendant MOTI Technology Co., LTD. (Fugazzi, Alex)
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Filing 255
TRANSCRIPT of Proceedings, 254 Order on Motion for Sanctions, Order on Motion to Expedite, Order on Motion to Compel, Order on Motion to Dismiss, Order on Motion for Protective Order, Order on Motion for Hearing Before District Judge, Motion Hearing, held on 8/18/2021, before Judge Richard F. Boulware, II. Court Reporter: Patricia Ganci, PG@nvd.uscourts.gov. Any Redaction Request is due by 9/9/2021. Redacted Transcript Deadline is set for 9/19/2021. Release of the Transcript Restriction is set for 11/17/2021. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (PG)
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Filing 254
MINUTES OF PROCEEDINGS - Motion Hearing held on 8/18/2021 before the Honorable Richard F. Boulware, II. Crtrm Administrator: Blanca Lenzi; Pla Counsel: Michael Infuso, Esq; Def Counsel: I. Scott Bogatz, Esq., Charles M. Vlasic, Esq., Daniel McNutt, Esq., Matthew Wolf, Esq., Alex Fugazzi, Esq., Matthew Lee Lalli, Esq.; Receiver Counsel: Joseph R. Ganley, Esq.; Receiver: Kevin Singer, Esq.; Court Reporter: Patty Ganci; Time of Hearing: 10:42 AM - 12:01 PM; Courtroom: 7C; Counsel is present appearing by videoconference at this proceeding. The Court makes preliminary statements and hears representation from counsel regarding #178 Motion for Sanctions, #179 Motion to Expedite Motion for Sanctions, #183 Motion to Compel Arbitration, #185 Motion to Dismiss, #186 Motion for Protective Order, #200 Emergency Motion for Hearing re Minute Order Setting Hearing on Motion to Dismiss, and #204 Motion to Dismiss Counterclaim. For the reasons stated on the record, IT IS ORDERED that #178 Motion for Sanctions, #183 Motion to Compel Arbitration, #185 Motion to Dismiss, and #204 Motion to Dismiss Counterclaims are DENIED without prejudice. IT IS FURTHER ORDERED that the #179 Motion to Expedite the Motion for Sanctions, #186 Motion for a Protective Order and #200 Emergency Motion for Hearing are DENIED as moot. IT IS FURTHER ORDERD that the #204 Motion to Dismiss is DENIED. Parties are instructed to meet and confer and submit a Revised Discovery Plan and Scheduling Order pursuant to the Court's instructions by Friday, August 27, 2021. IT IS FURTHER ORDERED that a Status Conference is set for October 8 at 11:00 AM in LV Courtroom 7C by videoconference before Judge Richard F. Boulware, II. The transcript of the hearing shall serve as the Opinion and Order of the Court.(no image attached) (Copies have been distributed pursuant to the NEF - BEL)
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Filing 253
RECEIVER'S June 2021 Report and Notice of Intent to Pay Receiver's Fees and Expenses by Kevin Singer. (Attachments: #1 Exhibit, #2 Exhibit) (JQC)
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Filing 252
RECEIVER'S May 2021 REPORT and Notice of Intent to Pay Receiver's Fees and Expenses by Kevin Singer. (Attachments: #1 Index of Exhibits, #2 Exhibits) (DRS)
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Filing 251
NOTICE of Release of Attorney's Charging Lien by Magma Holding, Inc., Meta Lab, Inc.. (Lower, Ryan)
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Filing 250
MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 7/1/2021. WHEREAS, this Court has found, due to the danger of the global pandemic to the community, including the parties, court staff and the attorneys of parties, that in-person appearances must be restricted whenever necessary and that this case is appropriate to be heard by videoconference; At the agreement of counsel for the parties, IT IS ORDERED that the hearing regarding motions and pending supplemental submissions is set for August 18, 2021 at 10:00 AM in LV Courtroom 7C by videoconference before Judge Richard F. Boulware, II. IT IS FURTHER ORDERED that members of the public seeking to have access to this hearing must, prior to the day of the hearing, contact the Court by email to request access to and receive permission to listen this hearing by telephone. Members of the public granted such access must join the remote proceedings prior to their official commencement. Once a remote proceeding has begun, no access will be granted to the proceeding.IT IS FURTHER ORDERED that the members of the public may contact the Courtroom Administrator at "blanca_lenzi@nvd.uscourts.gov", or (702) 464-5470 with information on how to participate in the video conference if necessary.IT IS FURTHER ORDERED that no one or entity or organization, including but not limited to counsel, counsel's agents or staff, the Defendant, law enforcement agents/officers, members of the public, who participate in or listen to this proceeding may record it in any manner. Any individual, entity or organization that records this proceeding without written authorization of the Court shall be subject to civil and/or criminal contempt penalties by this Court.(no image attached) (Copies have been distributed pursuant to the NEF - BEL)
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Filing 249
NOTICE of Withdrawal of Attorneys Charging Lien by Magma Holding, Inc., Meta Lab, Inc. re #189 Notice (Other). (Arrington, Nathan)
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Filing 248
MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 6/28/2021.IT IS ORDERED that the hearing set for June 29, 2021 is vacated. Counsel is directed to contact the courtroom deputy with an agreed upon date(s) as to a resetting. . (no image attached) (Copies have been distributed pursuant to the NEF - BEL)
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Filing 247
DISTRICT COURT RECEIVERS APRIL 2021 REPORT AND NOTICE OF INTENT TO PAY RECEIVERS FEES AND EXPENSES by Kevin Singer. (Attachments: #1 Exhibit) (JQC)
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Filing 246
MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 5/27/2021. WHEREAS, this Court has found, due to the danger of the global pandemic to the community, including the parties, court staff and the attorneys of parties, that in-person appearances must be restricted whenever necessary and that this case is appropriate to be heard by videoconference; At the agreement of counsel for the parties, IT IS ORDERED that the hearing set for June 17, 2021 at 1:00 PM is vacated and RESET for June 29, 2021 at 1:00 PM in LV Courtroom 7C by videoconference before Judge Richard F. Boulware, II. The hearing will address motions/supplemental submissions pending before the Court.IT IS FURTHER ORDERED that members of the public seeking to have access to this hearing must, prior to the day of the hearing, contact the Court by email to request access to and receive permission to listen this hearing by telephone. Members of the public granted such access must join the remote proceedings prior to their official commencement. Once a remote proceeding has begun, no access will be granted to the proceeding.IT IS FURTHER ORDERED that the members of the public may contact the Courtroom Administrator at "blanca_lenzi@nvd.uscourts.gov", or (702) 464-5470 with information on how to participate in the video conference if necessary.IT IS FURTHER ORDERED that no one or entity or organization, including but not limited to counsel, counsel's agents or staff, the Defendant, law enforcement agents/officers, members of the public, who participate in or listen to this proceeding may record it in any manner. Any individual, entity or organization that records this proceeding without written authorization of the Court shall be subject to civil and/or criminal contempt penalties by this Court.(no image attached) (Copies have been distributed pursuant to the NEF - BEL)
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Filing 245
MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 5/24/2021. WHEREAS, this Court has found, due to the danger of the global pandemic to the community, including the parties, court staff and the attorneys of parties, that in-person appearances must be restricted whenever necessary and that this case is appropriate to be heard by videoconference; IT IS ORDERED that due to a scheduling conflict, the hearing set for June 8, 2021 at 1:00 PM is vacated and RESET for June 17, 2021 at 1:00 PM in LV Courtroom 7C by videoconference before Judge Richard F. Boulware, II. The hearing will address motions/supplemental submissions pending before the Court. IT IS FURTHER ORDERED that members of the public seeking to have access to this hearing must, prior to the day of the hearing, contact the Court by email to request access to and receive permission to listen this hearing by telephone. Members of the public granted such access must join the remote proceedings prior to their official commencement. Once a remote proceeding has begun, no access will be granted to the proceeding.IT IS FURTHER ORDERED that the members of the public may contact the Courtroom Administrator at "blanca_lenzi@nvd.uscourts.gov", or (702) 464-5470 with information on how to participate in the video conference if necessary.IT IS FURTHER ORDERED that no one or entity or organization, including but not limited to counsel, counsel's agents or staff, the Defendant, law enforcement agents/officers, members of the public, who participate in or listen to this proceeding may record it in any manner. Any individual, entity or organization that records this proceeding without written authorization of the Court shall be subject to civil and/or criminal contempt penalties by this Court. (no image attached) (Copies have been distributed pursuant to the NEF - BEL)
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Filing 244
JOINDER to #243 Response by Third Party Defendants Yuxiang Gao, Qian Xu. (McNutt, Daniel)
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Filing 243
RESPONSE to #241 Supplement, by ThirdParty Defendant MOTI Technology Co., LTD. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7) (Fugazzi, Alex)
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Filing 242
JOINDER to #239 Response #238 Supplement re #178 Motion for Sanctions by Third Party Defendants Yuxiang Gao, Qian Xu. (McNutt, Daniel) Modified on 5/18/2021 (EDS).
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Filing 241
SUPPLEMENT NO. 2 TO #232 SUPPLEMENT to #213 DISTRICT COURT RECEIVER'S REPORT REGARDING ISSUES OF CONTENTION AMONG THE PARTIES re 236 Minutes of Proceedings, by Receiver Kevin Singer (Attachments: #1 Index of Exhibits, #2 Exhibit, #3 Exhibit, #4 Exhibit) (JQC) Modified on 5/6/2021 to link document pursuant to LR IC 2-2(d) (SLD).
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Filing 240
RESPONSE to #238 Supplement re #178 Motion for Sanctions , by Third Party Defendants Yuxiang Gao, Qian Xu. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (McNutt, Daniel) Modified on 5/6/2021 to link to Motion (SLD).
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Filing 239
RESPONSE to #238 Supplement re #178 Motion for Sanctions , by ThirdParty Defendant MOTI Technology Co., LTD. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Fugazzi, Alex) Modified on 5/6/2021 to link to Motion (SLD).
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Filing 238
SUPPLEMENT to #178 Motion for Sanctions re 236 Minutes of Proceedings, by ThirdParty Plaintiff Ka Tat "Karter" Au-Yeung, Counter Claimant Ka Tat "Karter" Au-Yeung, Defendant Ka Tat "Karter" Au-Yeung (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E) (Vlasic, Charles) Modified on 4/22/2021 to link to Minutes (SLD).
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Filing 237
TRANSCRIPT of Proceedings, 236 Motion Hearing, held on 4/6/2021, before Judge Richard F. Boulware, II. Court Reporter: Patricia Ganci, PG@nvd.uscourts.gov. Any Redaction Request is due by 4/29/2021. Redacted Transcript Deadline is set for 5/9/2021. Release of the Transcript Restriction is set for 7/7/2021. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (PG)
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Filing 236
MINUTES OF PROCEEDINGS - Motion Hearing held on 4/6/2021 before the Honorable Richard F. Boulware, II. Crtrm Administrator: Blanca Lenzi; Pla Counsel: Michael Infuso, Esq.; Def Counsel: Scott Bogatz, Esq., Charles Vlasic, Esq..; Counsel for Third-Party Defendants: Alex Fugazzi Esq., Daniel McNutt Esq.; Counsel for Receiver: Joseph Ganley, Esq., Receiver: Kevin Singer;; Court Reporter: Patty Ganci; Time of Hearing: 10:05 AM - 10:41 AM; Courtroom: 7C; Plaintiff and Defense Counsel are present appearing by videoconference. The Court makes preliminary statements and hears representations from the parties regarding submitted production logs.For reasons stated on the record, IT IS ORDERED that parties may informally respond to Receiver Singer's report by April 21, 2021. Receiver Singer may file a supplement to his report as well as the parties' requests of changes by May 5, 2021. IT IS FURTHER ORDERED that Defendants may file a supplement to #178 Motion for Sanctions by April 21, 2021 and Third-Party Defendants may reply by May 5, 2021. (no image attached) (Copies have been distributed pursuant to the NEF - BEL)
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Filing 235
CLERK'S NOTICE of violation of Local Rules. ECF No. #233 was not filed pursuant to LR IA 10-3(b). Copies of pleadings or other documents filed in the pending matter must not be attached as exhibits or made part of an appendix.Attorney Daniel McNutt is advised in the future to file documents pursuant to the Local Rules. No further action is required concerning this document at this time. Do NOT refile. (no image attached) (MMM)
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Filing 234
JOINDER to #225 Notice (Other), by Third Party Defendants Yuxiang Gao, Qian Xu. (Attachments: #1 Exhibit A, #2 Exhibit B) (McNutt, Daniel)
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Filing 233
JOINDER to #230 Memorandum by Third Party Defendants Yuxiang Gao, Qian Xu. (Attachments: #1 Exhibit A, #2 Exhibit B - Modified on 4/5/2021 - Transcript locked (MMM)) (McNutt, Daniel) .
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Filing 231
MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 4/5/2021. WHEREAS, this Court has found, due to the danger of the global pandemic to the community, including the parties, court staff and the attorneys of parties, that in-person appearances must be restricted whenever necessary and that this case is appropriate to be heard by videoconference; IT IS ORDERED that due to a Status Conference Hearing is set for April 6, 2021 at 10:00 AM in LV Courtroom 7C by videoconference before Judge Richard F. Boulware, II. IT IS FURTHER ORDERED that members of the public seeking to have access to this hearing must, prior to the day of the hearing, contact the Court by email to request access to and receive permission to listen this hearing by telephone. Members of the public granted such access must join the remote proceedings prior to their official commencement. Once a remote proceeding has begun, no access will be granted to the proceeding.IT IS FURTHER ORDERED that the members of the public may contact the Courtroom Administrator at "blanca_lenzi@nvd.uscourts.gov", or (702) 464-5470 with information on how to participate in the video conference if necessary.IT IS FURTHER ORDERED that no one or entity or organization, including but not limited to counsel, counsel's agents or staff, the Defendant, law enforcement agents/officers, members of the public, who participate in or listen to this proceeding may record it in any manner. Any individual, entity or organization that records this proceeding without written authorization of the Court shall be subject to civil and/or criminal contempt penalties by this Court.(no image attached) (Copies have been distributed pursuant to the NEF - BEL)
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Filing 232
SUPPLEMENT to #213 DISTRICT COURT RECEIVER'S REPORT REGARDING ISSUES OF CONTENTION AMONG THE PARTIES by Receiver Kevin Singer (JQC)
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Filing 230
MEMORANDUM to #225 Notice (Other),, by ThirdParty Defendant MOTI Technology Co., LTD. (Fugazzi, Alex)
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Filing 229
APPENDIX (Volume 4) to #225 Notice of Filing, by ThirdParty Defendant MOTI Technology Co., LTD. (Attachments: #1 Exhibit D) (Fugazzi, Alex) Modified text on 4/5/2021 (MMM).
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Filing 228
APPENDIX (Volume 3) to #225 Notice of Filing, by ThirdParty Defendant MOTI Technology Co., LTD. (Attachments: #1 Exhibit C) (Fugazzi, Alex) Modified text on 4/5/2021 (MMM).
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Filing 227
APPENDIX (Volume 2) to #225 Notice of Filing, by ThirdParty Defendant MOTI Technology Co., LTD. (Attachments: #1 Exhibit B) (Fugazzi, Alex) Modified text on 4/5/2021 (MMM).
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Filing 226
APPENDIX (Volume 1) to #225 Notice of Filing, by ThirdParty Defendant MOTI Technology Co., LTD. (Attachments: #1 Exhibit A) (Fugazzi, Alex) Modified text on 4/5/2021 (MMM).
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Filing 225
NOTICE of filing Summary of Evidence Regarding Upcoming Evidentiary Hearing and Submission of Communication Chronology and Declarations, in response to Orders #220 and 221 by MOTI Technology Co., LTD, (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J) (Fugazzi, Alex) Modified text on 4/5/2021 (MMM).
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Filing 224
NOTICE of Filing Privilege Log pursuant to 221 Minute of Proceedings by Yuxiang Gao, Qian Xu. (McNutt, Daniel) Modified on 4/2/2021 to add document link (MMM).
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Filing 223
RECEIVER'S FEBRUARY 2021 REPORT and Notice of Intent to Pay Receiver's Fees and Expenses by Kevin Singer. (Attachments: #1 Index of Exhibits, #2 Exhibit) (JQC)
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Filing 222
RECEIVER'S JANUARY 2021 REPORT and Notice of Intent to Pay Receiver's Fees and Expenses by Kevin Singer. (Attachments: #1 Index of Exhibits, #2 Exhibits) (JQC)
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Filing 220
TRANSCRIPT of Proceedings, Motions Hearing, held on 1/26/2021, before Judge Richard F. Boulware, II. Court Reporter: Patricia Ganci, PG@nvd.uscourts.gov. Any Redaction Request is due by 2/19/2021. Redacted Transcript Deadline is set for 3/1/2021. Release of the Transcript Restriction is set for 4/29/2021. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (PG)
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Filing 221
MINUTES OF PROCEEDINGS - Motion Hearing held on 1/26/2021 before the Honorable Richard F. Boulware, II. Crtrm Administrator: Blanca Lenzi; Pla Counsel: Michael Infuso, Esq.; Def Counsel: Scott Bogatz, Esq. and Charles Vlasic, Esq..; Counsel for Third-Party Defendants: Alex Fugazzi Esq., Daniel McNutt Esq.; Counsel for Counsel for Receiver: Joseph Ganley, Esq.; Court Reporter: Patty Ganci; Time of Hearing: 10:14 AM - 11:14 AM; Courtroom: 7C; Plaintiff and Defense Counsel are present appearing by videoconference. The Court makes preliminary statements and hears representations from the parties regarding the motions. For the reasons stated on the record, ITS IS ORDERED that Third-Party Defendants produce a production log to this Court of all communication as it relates to the litigation in this case by April 2, 2021. FURTHER, Third-Party Defendants must produce the production log to other parties by March 26, 2021.IT IS FURTHER ORDERED that a Status Conference Hearing is set for April 6, 2021 at 10:00 AM in LV Courtroom 7C by videoconference before Judge Richard F. Boulware, II. The transcript of the hearing shall serve as the written Opinion and Order of the Court.(no image attached) (Copies have been distributed pursuant to the NEF - BEL)
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Filing 219
RECEIVER'S DECEMBER 2020 REPORT and Notice of Intent to Pay Receiver's Fees and Expenses, by Kevin Singer. (Attachments: #1 Index of Exhibits, #2 Exhibit) (JQC)
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Filing 218
ORDER on Mandate as to #210 USCA Mandate, Dismissing #89 Notice of Appeal, filed by Magma Holding, Inc., Meta Lab, Inc.,. Signed by Judge Richard F. Boulware, II on 1/11/2021. (Copies have been distributed pursuant to the NEF - JQC)
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Filing 217
EXHIBIT to #213 DISTRICT COURT RECEIVER'S REPORT. (Attachments: #1 Exhibit) (JQC)
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Filing 216
EXHIBIT to #213 DISTRICT COURT RECEIVER'S REPORT. (Attachments: #1 Exhibit) (JQC) (Main Document 216 replaced on 1/11/2021) (JQC). (Attachment 1 replaced on 1/11/2021) (JQC).
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Filing 215
EXHIBIT to #213 DISTRICT COURT RECEIVER'S REPORT. (JQC) (Main Document 215 replaced on 1/11/2021) (JQC).
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Filing 214
EXHIBIT to #213 DISTRICT COURT RECEIVER'S REPORT . (Attachments: #1 Exhibits) (JQC) Modified on 1/11/2021 (JQC). (Main Document 214 replaced on 1/11/2021) (JQC). (Attachment 1 replaced on 1/11/2021) (JQC).
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Filing 213
DISTRICT COURT RECEIVER'S REPORT REGARDING ISSUES OF CONTENTION AMONG THE PARTIES. (Attachments: #1 Index of Exhibits) (JQC)
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Filing 212
RECEIVER'S NOVEMBER 2020 REPORT and Notice of Intent to Pay Receiver's Fees and Expenses, by Kevin Singer. (Attachments: #1 Index of Exhibits, #2 Exhibit) (JQC)
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Filing 210
MANDATE of USCA, Ninth Circuit, as to #89 Notice of Appeal, filed by Magma Holding, Inc., Meta Lab, Inc. DISMISSED. (Copies have been distributed pursuant to the NEF - HAM)
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Filing 209
REPLY to Response to #204 Motion to Dismiss, by ThirdParty Plaintiff Ka Tat "Karter" Au-Yeung, Counter Claimant Ka Tat "Karter" Au-Yeung, Defendant Ka Tat "Karter" Au-Yeung. (Vlasic, Charles)
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Filing 208
RESPONSE to #204 Motion to Dismiss, by ThirdParty Defendant MOTI Technology Co., LTD. Replies due by 1/5/2021. (Attachments: #1 Exhibit A) (Bohman, V.)
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Filing 207
JOINDER to #206 Notice (Other), by Third Party Defendants Yuxiang Gao, Qian Xu. (Attachments: #1 Exhibit 1) (McNutt, Daniel)
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Filing 206
NOTICE of Reservation of Rights Regarding Karter's Limited Opposition to Emergency Motion for Protective Order by MOTI Technology Co., LTD re #191 Response,. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Fugazzi, Alex)
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Filing 205
REPLY to Response to #183 Motion to Compel, by ThirdParty Defendant MOTI Technology Co., LTD. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10) (Fugazzi, Alex)
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Filing 204
MOTION to Dismiss #181 Counterclaim by ThirdParty Plaintiff Ka Tat "Karter" Au-Yeung, Counter Claimant Ka Tat "Karter" Au-Yeung, Defendant Ka Tat "Karter" Au-Yeung. Responses due by 12/29/2020. (Attachments: #1 Exhibit A) (Vlasic, Charles)
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Filing 203
REPLY to Response to #178 Motion for Sanctions,,, by ThirdParty Plaintiff Ka Tat "Karter" Au-Yeung, Counter Claimant Ka Tat "Karter" Au-Yeung, Defendant Ka Tat "Karter" Au-Yeung. (Attachments: #1 Declaration of Charles Vlasic, #2 Exhibit B, #3 Exhibit C) (Vlasic, Charles)
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Filing 202
MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 12/14/2020. WHEREAS, this Court has found, due to the danger of the global pandemic to the community, including the parties, court staff and the attorneys of parties, that in-person appearances must be restricted whenever necessary and that this case is appropriate to be heard by videoconference; IT IS ORDERED that due to a scheduling conflict, the hearing set for December 18, 2020 at 3:00 is continued until January 26, 2021 at 10:00 AM in LV Courtroom 7C by videoconference before Judge Richard F. Boulware, II. The current discovery schedule will remain in effect. The hearing will address: #174 MOTION to Extend Time (First Request) re 136 Order, #178 MOTION for Sanctions, #179 Emergency MOTION to Expedite re #178 Motion for Sanctions, #186 MOTION for Protective Order and #200 Emergency MOTION for Hearing Before District Judge. IT IS FURTHER ORDERED that members of the public seeking to have access to this hearing must, prior to the day of the hearing, contact the Court by email to request access to and receive permission to listen this hearing by telephone. Members of the public granted such access must join the remote proceedings prior to their official commencement. Once a remote proceeding has begun, no access will be granted to the proceeding.IT IS FURTHER ORDERED that the members of the public may contact the Courtroom Administrator at "blanca_lenzi@nvd.uscourts.gov", or (702) 464-5470 with information on how to participate in the video conference if necessary.IT IS FURTHER ORDERED that no one or entity or organization, including but not limited to counsel, counsels agents or staff, the Defendant, law enforcement agents/officers, members of the public, who participate in or listen to this proceeding may record it in any manner. Any individual, entity or organization that records this proceeding without written authorization of the Court shall be subject to civil and/or criminal contempt penalties by this Court.(no image attached) (Copies have been distributed pursuant to the NEF - BEL)
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Filing 201
REPLY to Response to #186 Motion for Protective Order by Plaintiffs Meta Lab, Inc., Magma Holding, Inc.. (Attachments: #1 Exhibit 1) (Barlow, Keith) Modified on 12/15/2020 to reflect additional filing party (MMM).
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Filing 200
Emergency MOTION for Hearing Before District Judge re 199 Minute Order Setting Hearing on Motion,,,,,,,, #185 Motion to Dismiss, #183 Motion to Compel, by ThirdParty Defendant MOTI Technology Co., LTD. (Fugazzi, Alex)
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Filing 199
MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 12/9/2020. WHEREAS, this Court has found, due to the danger of the global pandemic to the community, including the parties, court staff and the attorneys of parties, that in-person appearances must be restricted whenever necessary and that this case is appropriate to be heard by videoconference; IT IS ORDERED that a Hearing by videoconference regarding #174 MOTION to Extend Time (First Request) re 136 Order, #178 MOTION for Sanctions, #179 Emergency MOTION to Expedite re #178 Motion for Sanctions, and #186 MOTION for Protective Order is set for December 18, 2020 at 3:00 PM in LV Courtroom 7C before Judge Richard F. Boulware, II.IT IS FURTHER ORDERED that members of the public seeking to have access to this hearing must, prior to the day of the hearing, contact the Court by email to request access to and receive permission to listen this hearing by telephone. Members of the public granted such access must join the remote proceedings prior to their official commencement. Once a remote proceeding has begun, no access will be granted to the proceeding.IT IS FURTHER ORDERED that the members of the public may contact the Courtroom Administrator at "blanca_lenzi@nvd.uscourts.gov", or (702) 464-5470 with information on how to participate in the video conference if necessary.IT IS FURTHER ORDERED that no one or entity or organization, including but not limited to counsel, counsels agents or staff, the Defendant, law enforcement agents/officers, members of the public, who participate in or listen to this proceeding may record it in any manner. Any individual, entity or organization that records this proceeding without written authorization of the Court shall be subject to civil and/or criminal contempt penalties by this Court.(no image attached) (Copies have been distributed pursuant to the NEF - BEL)
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Filing 198
JOINDER to #192 Response to #178 Motion for Sanctions by ThirdParty Defendant MOTI Technology Co., LTD. (Fugazzi, Alex) Modified on 12/9/2020 to link to underlying motion (MMM).
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Filing 197
RESPONSE to #183 Motion to Compel, by ThirdParty Plaintiff Ka Tat "Karter" Au-Yeung, Counter Claimant Ka Tat "Karter" Au-Yeung, Defendant Ka Tat "Karter" Au-Yeung. Replies due by 12/15/2020. (Attachments: #1 Exhibit A, #2 Exhibit B) (Vlasic, Charles)
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Filing 196
JOINDER to #194 Response, by Third Party Defendants Yuxiang Gao, Qian Xu. (McNutt, Daniel)
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Filing 195
NOTICE of RECEIVERS OCTOBER 2020 REPORT AND NOTICE of Intent to Pay Receiver's Fees and Expenses, by Kevin Singer. (Attachments: #1 Index of Exhibits, #2 Exhibit) (JQC)
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Filing 194
RESPONSE to #178 Motion for Sanctions,,, by ThirdParty Defendant MOTI Technology Co., LTD. Replies due by 12/14/2020. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8) (Fugazzi, Alex)
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Filing 193
APPENDIX to #192 Response by Third Party Defendants Yuxiang Gao, Qian Xu. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8) (McNutt, Daniel)
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Filing 192
RESPONSE to #178 Motion for Sanctions,,, by Third Party Defendants Yuxiang Gao, Qian Xu. Replies due by 12/14/2020. (McNutt, Daniel)
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Filing 191
RESPONSE to #186 Motion for Protective Order by ThirdParty Plaintiff Ka Tat "Karter" Au-Yeung, Counter Claimant Ka Tat "Karter" Au-Yeung, Defendant Ka Tat "Karter" Au-Yeung. Replies due by 12/14/2020. (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E) (Vlasic, Charles)
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Filing 190
NOTICE of Attorney's Charging Lien by Magma Holding, Inc., Meta Lab, Inc.. (Lower, Ryan)
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Filing 189
NOTICE SHEPPARD, MULLIN, RICHTER & HAMPTON, LLPS NOTICE OF ATTORNEYS CHARGING LIEN by Magma Holding, Inc., Meta Lab, Inc.. (Shelton, Wesley)
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Filing 188
REPLY to Response to #174 Motion to Extend/Shorten Time by ThirdParty Defendant MOTI Technology Co., LTD. (Attachments: #1 Exhibit A, #2 Exhibit B) (Fugazzi, Alex)
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Filing 187
REPLY to Response to #174 Motion to Extend/Shorten Time by Third Party Defendants Yuxiang Gao, Qian Xu. (Attachments: #1 Exhibit A) (McNutt, Daniel)
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Filing 186
MOTION for Protective Order by Plaintiffs Magma Holding, Inc., Meta Lab, Inc.. (Attachments: #1 Exhibit 1) (Infuso, Michael)
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Filing 185
MOTION to Dismiss by ThirdParty Defendant MOTI Technology Co., LTD. Responses due by 12/9/2020. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11) (Fugazzi, Alex)
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Filing 184
CLERK'S NOTICE. Attorney Action Required to ECF No. #183 Motion to Compel. Document was not filed pursuant to LR IC 2-2(b). For each type of relief requested or purpose, a separate document must be filed. Counsel is advised to refile the Motion to Dismiss that is also in ECF No. #183 as a separate entry, using the correct event. (no image attached) (EDS)
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Filing 183
MOTION to Compel Arbitration by ThirdParty Defendant MOTI Technology Co., LTD. Responses due by 12/8/2020. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11) (Fugazzi, Alex) Modified on 11/25/2020 (EDS).
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Filing 182
ANSWER to #74 Third Party Complaint, with Jury Demand filed by Yuxiang Gao, Qian Xu.(McNutt, Daniel)
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Filing 181
COUNTERCLAIM against Ka Tat "Karter" Au-Yeung, Siyun Crystal Lu, Huihui Sindy Sun by MOTI Technology Co., LTD. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Fugazzi, Alex)
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Filing 180
RESPONSE to #174 Motion to Extend/Shorten Time by Counter Claimant Ka Tat "Karter" Au-Yeung, ThirdParty Plaintiff Ka Tat "Karter" Au-Yeung, Defendant Ka Tat "Karter" Au-Yeung. Replies due by 12/1/2020. (Vlasic, Charles)
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Filing 179
Emergency MOTION to Expedite re #178 Motion for Sanctions,,, by Counter Claimant Ka Tat "Karter" Au-Yeung, ThirdParty Plaintiff Ka Tat "Karter" Au-Yeung, Defendant Ka Tat "Karter" Au-Yeung. (Vlasic, Charles)
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Filing 178
MOTION for Sanctions by Counter Claimant Ka Tat "Karter" Au-Yeung, ThirdParty Plaintiff Ka Tat "Karter" Au-Yeung, Defendant Ka Tat "Karter" Au-Yeung. Responses due by 12/7/2020. (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Exhibit V, #24 Exhibit W, #25 Exhibit X, #26 Exhibit Y, #27 Exhibit Z, #28 Exhibit AA) (Vlasic, Charles)
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Filing 177
MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 11/20/2020. In light of #174 Third Party Defendants Motion to Extend Pretrial Deadlines, IT IS ODERED that Defendant Karter shall file a response by November 25, 2020. (Copies have been distributed pursuant to the NEF - CVL)
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Filing 176
JOINDER to #174 Motion to Extend/Shorten Time by Plaintiffs Magma Holding, Inc., Meta Lab, Inc.. (Infuso, Michael)
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Filing 175
JOINDER to #174 Motion to Extend/Shorten Time by ThirdParty Defendant MOTI Technology Co., LTD. (Attachments: #1 Exhibit A - Nov. 5-17, 2020 Emails between A. Fugazzi, M. Infuso, D. McNutt, & C. Vlasic) (Fugazzi, Alex)
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Filing 174
MOTION to Extend Time (First Request) re 136 Order on Motion to Extend/Shorten Time, by Third Party Defendants Yuxiang Gao, Qian Xu. (Attachments: #1 Exhibit A, #2 Exhibit B) (McNutt, Daniel) Modified text on 11/16/2020 (MMM).
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Filing 172
ORDER Granting #170 Verified Petition for Permission to Practice Pro Hac Vice Matthew L. Lalli and approving Designation of Local Counsel Alex L. Fugazzi. Signed by Judge Richard F. Boulware, II on 11/10/2020. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - JQC)
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Filing 171
TRANSCRIPT of Proceedings, Motions Hearing, held on 11/3/2020, before Judge Richard F. Boulware, II. Court Reporter: Patricia Ganci, PG@nvd.uscourts.gov. Any Redaction Request is due by 11/27/2020. Redacted Transcript Deadline is set for 12/7/2020. Release of the Transcript Restriction is set for 2/4/2021. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (PG)
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Filing 170
MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Matthew L. Lalli and DESIGNATION of Local Counsel Alex L. Fugazzi (Filing fee $ 250 receipt number 0978-6245795) by ThirdParty Defendant MOTI Technology Co., LTD. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Certificate of Good Standing for California, #3 Exhibit Certificate of Good Standing for Utah, #4 Exhibit Certificate of Good Standing for Arizona) (Fugazzi, Alex)
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Filing 169
ORDER Granting #168 Motion to Remove Attorney from Electronic Service List. Signed by Magistrate Judge Brenda Weksler on 11/4/2020. (Copies have been distributed pursuant to the NEF - JQC)
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Filing 173
MINUTES OF PROCEEDINGS - Motion Hearing held on 11/3/2020 before the Honorable Richard F. Boulware, II. Crtrm Administrator: Blanca Lenzi; Pla Counsel: Michael Infuso, Esq.; Def Counsel: Bogatz, Esq. Charles Vlasic, Esq.; Counsel for Third Party Defendant Moti Technlology Co., LTD. : Alex Fugazzi Esq., Matthew Lalli, Esq.; Counsel for Receiver: Joseph Ganley, Esq.,; Court Reporter: Patty Ganci; Time of Hearing: 1:10 PM - 1:51 PM; Courtroom: 7C; Plaintiff and Defense Counsel are present appearing by videoconference. The Court makes preliminary statements and hears representations from the parties regarding the Modification of the Receivership Order. IT IS FURTHER ORDERED that counter-claimants may file dispositive motions, including case-dipositive motions, or seek another of relief against Moti. For the reasons stated on the record, ITS IS ORDERED that #156 Motion for Alternative Service is GRANTED. Service will be permitted by serving Dan McNutt and Alex Fugazzi on behalf of Yuxiang Gao, Michael, and Qian Xu, Daniel. IT IS FURTHER ORDERED that the Receivership Order is modified by the language suggested in ECF No. #159 Proposed Order. IT IS FURTHER ORDERED that Defendant Moti notify this Court about its intent to file a derivative action by November 24, 2020. IT IS FURTHER ORDERED that the stay in this case is lifted. The transcript of the hearing shall serve as the written Opinion and Order of the Court. (Copies have been distributed pursuant to the NEF - BEL)
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Filing 168
MOTION to remove attorney Ryan M. Lower and Raleigh C. Thompson from the Electronic Service List in this case by Plaintiffs Magma Holding, Inc., Meta Lab, Inc., Counter Defendants Magma Holding, Inc., Meta Lab, Inc.. (Lower, Ryan)
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Filing 167
CERTIFICATE of Interested Parties by MOTI Technology Co., LTD. There are no known interested parties other than those participating in the case (Fugazzi, Alex)
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Filing 166
NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Matthew L. Lalli to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the Court's website www.nvd.uscourts.gov to register Attorney. Verified Petition due by 11/13/2020. (no image attached) (MMM)
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Filing 165
RECEIVER'S SEPTEMBER 2020 REPORT AND NOTICE OF INTENT TO PAY RECEIVER'S FEES AND EXPENSES by Kevin Singer, Receiver. (Attachments: #1 Index of Exhibits, #2 Exhibit, #3 Exhibit) (JQC) Modified on 10/30/2020 to reflect correct filer (MMM).
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Filing 164
RESPONSE to #159 Proposed Order Submission by ThirdParty Defendant MOTI Technology Co., LTD. (Fugazzi, Alex)
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Filing 163
RESPONSE to #147 Motion, by ThirdParty Defendant MOTI Technology Co., LTD. (Fugazzi, Alex)
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Filing 162
NOTICE of Appearance by attorney Alex Fugazzi on behalf of ThirdParty Defendant MOTI Technology Co., LTD. (Fugazzi, Alex)
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Filing 161
NOTICE of Appearance by attorney Michael V. Infuso on behalf of Plaintiffs Magma Holding, Inc., Meta Lab, Inc., Counter Defendants Magma Holding, Inc., Meta Lab, Inc.. (Infuso, Michael)
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Filing 160
TRANSCRIPT of Proceedings, 157 Order on Motion, Motion Hearing, held on 10/13/2020, before Judge Richard F. Boulware, II. Court Reporter: Patricia Ganci, PG@nvd.uscourts.gov. Any Redaction Request is due by 11/11/2020. Redacted Transcript Deadline is set for 11/21/2020. Release of the Transcript Restriction is set for 1/19/2021. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (PG)
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Filing 159
Submission of PROPOSED ORDER on #82 Order, and 157 Minutes of Proceedings, by Receiver Kevin Singer. (Ganley, Joseph) Modified on 10/21/2020 to add additional document link (MMM).
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Filing 158
MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 10/14/2020. WHEREAS, this Court has found, due to the danger of the global pandemic to the community, including the parties, court staff and the attorneys of parties, that in-person appearances must be restricted whenever necessary and that this case is appropriate to be heard by videoconference; IT IS ORDERED that Hearing regarding the Modification of the Receivership Order is set for November 3, 2020 at 1:00 PM in LV Courtroom 7C by videoconference before Judge Richard F. Boulware, II.IT IS FURTHER ORDERED that members of the public seeking to have access to this hearing must, prior to the day of the hearing, contact the Court by email to request access to and receive permission to listen this hearing by telephone. Members of the public granted such access must join the remote proceedings prior to their official commencement. Once a remote proceeding has begun, no access will be granted to the proceeding.IT IS FURTHER ORDERED that the members of the public may contact the Courtroom Administrator at "blanca_lenzi@nvd.uscourts.gov", or (702) 464-5470 with information on how to participate in the video conference if necessary.IT IS FURTHER ORDERED that no one or entity or organization, including but not limited to counsel, counsels agents or staff, the Defendant, law enforcement agents/officers, members of the public, who participate in or listen to this proceeding may record it in any manner. Any individual, entity or organization that records this proceeding without written authorization of the Court shall be subject to civil and/or criminal contempt penalties by this Court.(no image attached) (Copies have been distributed pursuant to the NEF - BEL)
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Filing 157
MINUTES OF PROCEEDINGS - Motion Hearing held on 10/13/2020 before the Honorable Richard F. Boulware, II. Crtrm Administrator: Blanca Lenzi; Pla Counsel: Issiah Weedon, Esq., Ryan Lower, Esq.; Def Counsel: Scott Bogat, Esq., Charles Vlasic, Esq.; Counsel for Receiver: Joseph Ganley, Esq., Kevin Singer, Receiver; Court Reporter: Patty Ganci; Time of Hearing: 10:16 AM - 11:22 AM; Courtroom: 7C;The Court makes preliminary statements and hears representations from the parties regarding the Plaintiffs' #123 Motion to directing receiver to pay Plaintiffs' Counsel's invoices and Motion to Modify Receivership Order. For the reasons stated on the record, IT IS ORDERED that #123 Plaintiffs' Motion for Directing Receiver to Pay Counsels' Invoices is DENIED. IT IS FURTHER ORDERED that the #123 Plaintiffs' Motion for leave to Withdraw as Attorneys is GRANTED and shall be effective a week from this day. IT IS FURTHER ORDERED that Defendant's #147 Motion to Modify Receivership Order is GRANTED; the parties shall have until October 20, 2020 to submit the proposed modified order for this Court's consideration. IT IS FURTHER ORDERED that all discovery in this case is stayed. IT IS FURTHER ORDERED that a hearing regarding the Modification of the Receivership Order is set for November 3, 2020 at 1:00 PM in LV Courtroom 7C by videoconference before Judge Richard F. Boulware, II. The instruction regarding videoconference appearance to be issued.The transcript of the hearing shall serve as the Written Opinion and Order of the Court. (no image attached) (Copies have been distributed pursuant to the NEF - BEL)
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Filing 156
MOTION for Order Authorizing Service by Alternative Means re #151 Order on Motion,,,,, by Counter Claimant Ka Tat "Karter" Au-Yeung, ThirdParty Plaintiff Ka Tat "Karter" Au-Yeung, Defendant Ka Tat "Karter" Au-Yeung. Responses due by 10/23/2020. (Attachments: #1 Index, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit) (Vlasic, Charles)
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Filing 155
RESPONSE to #147 Motion, by Plaintiffs Magma Holding, Inc., Meta Lab, Inc., Counter Defendants Magma Holding, Inc., Meta Lab, Inc.. Replies due by 10/15/2020. (Attachments: #1 Exhibit A) (Lower, Ryan)
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Filing 154
CERTIFICATE of Interested Parties by Huihui Sindy Sun. There are no known interested parties other than those participating in the case (Vlasic, Charles)
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Filing 153
ANSWER to #109 Amended Complaint filed by Huihui Sindy Sun.(Vlasic, Charles)
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Filing 152
MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 10/6/2020. IT IS ORDERED that Hearing regarding #147 Motion to Modify Receivership Order and the #123 Motion for Order Directing Receiver to Pay Plaintiffs' Counsels' Invoices set for October 13, 2020 is ADVANCED in time ONLY to 10:00 AM in LV Courtroom 7C by videoconference before Judge Richard F. Boulware, II.(no image attached) (Copies have been distributed pursuant to the NEF - BEL)
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Filing 151
ORDER Denying #88 Motion to Deem Service Effectuated Upon Third-Party Defendants. FURTHER ORDERED that a new motion for an order directing service is due within one week from today's order; responses are due 5 days after the motion is filed; replies are due 2 days after the responses are filed. Signed by Magistrate Judge Brenda Weksler on 10/2/2020. (Copies have been distributed pursuant to the NEF - JQC) Modified to include additional docket text on 10/2/2020 (MMM). '
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Filing 150
MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 9/27/2020. WHEREAS, this Court has found, due to the danger of the global pandemic to the community, including the parties, court staff and the attorneys of parties, that in-person appearances must be restricted whenever necessary and that this case is appropriate to be heard by videoconference; IT IS ORDERED that Hearing regarding #147 Motion to Modify Receivership Order and the #123 Motion for Order Directing Receiver to Pay Plaintiffs' Counsels' Invoices is set for October 13, 2020 at 4:00 PM in LV Courtroom 7C by videoconference before Judge Richard F. Boulware, II. IT IS FURTHER ORDERED that members of the public seeking to have access to this hearing must, prior to the day of the hearing, contact the Court by email to request access to and receive permission to listen this hearing by telephone. Members of the public granted such access must join the remote proceedings prior to their official commencement. Once a remote proceeding has begun, no access will be granted to the proceeding. IT IS FURTHER ORDERED that the members of the public may contact the Courtroom Administrator at "blanca_lenzi@nvd.uscourts.gov", or (702) 464-5470 with information on how to participate in the video conference if necessary. IT IS FURTHER ORDERED that no one or entity or organization, including but not limited to counsel, counsels agents or staff, the Defendant, law enforcement agents/officers, members of the public, who participate in or listen to this proceeding may record it in any manner. Any individual, entity or organization that records this proceeding without written authorization of the Court shall be subject to civil and/or criminal contempt penalties by this Court.(no image attached) (Copies have been distributed pursuant to the NEF - BEL)
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Filing 149
MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 9/27/2020. As two pending motions implicate this Courts orders and their meaning, a hearing on the Motion to Modify Receivership Order (ECF No. #147 ) and the Motion for Order Directing Receiver to Pay Plaintiffs' Counsels' Invoices (ECF No. #123 ) is set for October 13, 2020 at 4:00 p.m., in LV Courtroom 7C by videoconference before District Judge Richard F. Boulware, II. (no image attached) (Copies have been distributed pursuant to the NEF - BEL)
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Filing 148
CLERK'S NOTICE of violation of Local Rules. ECF No. #147 was not filed pursuant to LR IA 10-3(b). Copies of pleadings or other documents filed in the pending matter must not be attached as exhibits or made part of an appendix.Attorney Charles Vlasic is advised in the future to file documents pursuant to the Local Rules. No further action is required concerning this document at this time. Do NOT refile. (no image attached) (MMM)
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Filing 147
MOTION to Modify Receivership Order re #82 Order,, Set/Reset Deadlines & Hearings, by Counter Claimant Ka Tat "Karter" Au-Yeung, ThirdParty Plaintiff Ka Tat "Karter" Au-Yeung, Defendant Ka Tat "Karter" Au-Yeung. Responses due by 10/8/2020. (Attachments: #1 Exhibit - Modified on 9/25/2020 to restrict access (MMM). A) (Vlasic, Charles)
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Filing 146
STATUS REPORT in response to 143 Minutes of Proceedings re #123 Motion by Receiver Kevin Singer. (Ganley, Joseph) Modified docket text on 9/25/2020 and added docket entry relationship (MMM).
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Filing 145
TRANSCRIPT of Proceedings, 143 Motion Hearing, held on 09/22/2020, before Magistrate Judge Brenda Weksler. Court Reporter/Transcriber: Shayna Montgomery, SM@nvd.uscourts.gov. Recording start and end times: 9:01 a.m. - 9:37 a.m. Any Redaction Request is due by 10/15/2020. Redacted Transcript Deadline is set for 10/25/2020. Release of the Transcript Restriction is set for 12/23/2020. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter/transcriber. The Transcript Order form is available on the court website. After that date, it may be obtained through the court reporter or PACER. (SM)
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Filing 144
RECEIVER'S AUGUST 2020 REPORT AND NOTICE OF INTENT TO PAY FEES AND EXPENSES by Plaintiff Magma Holding, Inc. (Attachments: #1 Index, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit13) (JM)
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Filing 143
MINUTES OF PROCEEDINGS - Motion Hearing held on 9/22/2020 before Magistrate Judge Brenda Weksler. Crtrm Administrator: Jeff Miller; Pla Counsel: Ryan Lower, Esq., Rena Andoh, Esq., Isaiah Weedn, Esq.; Def Counsel: Charles Vlasic, Esq., I. Scott Bogatz, Esq.; Time of Hearing: 9:00am; Electronic Court Recorder Operator: Liberty/ECRO; Recording start and end times: 9:01:48 - 9:37:50; Courtroom: 3B; Kevin Singer, Esq. and Joseph Ganley, Esq. are also present. Due to ongoing concerns for health and safety during the Covid-19 pandemic, all parties appear via videoconference at these proceedings. The Court scheduled these proceedings regarding Plaintiffs/Counter-Defendants' Motion for Order Directing Receiver to Pay... #123 . The Court summarizes the briefing and hears the arguments of Counsel. The Court directs Mr. Singer to file a Status Report with the Court by the close of business on 9/24/2020 outlining what his proposal is in keeping with Judge Boulware's Order and the concerns he has in mind. The Court will schedule further proceedings after receiving that proposal and make a ruling on this motion. Plaintiffs' Counsel requests that they be permitted to respond to the Receiver's Report two weeks after the Court's ruling on this matter. SO ORDERED. (no image attached) (Copies have been distributed pursuant to the NEF - JAM)
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Filing 142
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 9/18/2020. IT IS ORDERED that Receiver Kevin Singer must be present for the 9/22/2020 9:00 AM hearing on the motion at ECF No. #123 . He may appear by Zoom videoconference. See ECF No. 134 for details on how to receive a Zoom invitation. (no image attached) (Copies have been distributed pursuant to the NEF - DCh)
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Filing 141
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 9/18/2020. Pursuant to the status report at #140 , the motion at ECF No. #132 is denied as moot. (Copies have been distributed pursuant to the NEF - DCh)
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Filing 140
Joint STATUS REPORT Pursuant to the September 11, 2020 Minutes of Proceedings [ECF. No. 136] by Plaintiffs Magma Holding, Inc., Meta Lab, Inc., Counter Defendants Magma Holding, Inc., Meta Lab, Inc.. (Lower, Ryan)
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Filing 139
CERTIFICATE of Interested Parties by Siyun Crystal Lu. There are no known interested parties other than those participating in the case (Vlasic, Charles)
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Filing 138
ANSWER to #109 Amended Complaint filed by Siyun Crystal Lu.(Vlasic, Charles)
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Filing 137
AFFIDAVIT of Service re #109 Amended Complaint, #119 Summons Issued by Plaintiffs Magma Holding, Inc., Meta Lab, Inc., Counter Defendants Magma Holding, Inc., Meta Lab, Inc.. (Lower, Ryan)
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Filing 136
MINUTES OF PROCEEDINGS - Motion Hearing held on 9/11/2020 before Magistrate Judge Brenda Weksler. Crtrm Administrator: Jeff Miller; Pla Counsel: Ryan Lower, Esq., Danielle Thompson, Esq., Isaiah Weedn, Esq.; Def Counsel: Charles Vlasic, Esq., I. Scott Bogatz, Esq.; Time of Hearing: 9:00am; Electronic Court Recorder Operator: Liberty/ECRO; Recording start and end times: 9:10:15 - 9:32:19; Courtroom: 3D; Kevin Singer, Esq. and Joseph Ganley, Esq. are also present. The Court scheduled these proceedings regarding Defendants' EMERGENCY Motion to Compel #127 and Plaintiffs' Motion to Extend Deadlines #122 . The Court summarizes the related briefing and informs Counsel of it's initial inclinations. The Court hears the arguments of Counsel. The Court informs Counsel that Motion to Deem Service Effectuated #88 will be referred to this Court for decision and will be set for hearing at a later date. IT IS ORDERED: Counsel shall file a Joint Status Report no later than 9/18/2020 indicating if the Plaintiffs' EMERGENCY Motion to Expedite... #132 has been mooted by today's rulings or if there are still issues that remain outstanding which need to be resolved. IT IS ORDERED: Plaintiffs' Motion to Extend Deadlines #122 is GRANTED, and the deadlines included in the brief will serve as the schedule, IT IS ORDERED: Defendants' EMERGENCY Motion to Compel #127 is DENIED. The Court directs Counsel to meet and confer to confirm a date and time for the deposition by no later than 9/25/2020 if the parties are in agreement to take the deposition at issue virtually. The Court DENIES the request for fees. The Court states it's Orders for the record. The transcript of these proceedings will serve as the written Order of the Court. (no image attached) (Copies have been distributed pursuant to the NEF - JAM)
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Filing 135
RESPONSE to #123 Motion, by Counter Claimant Ka Tat "Karter" Au-Yeung, ThirdParty Plaintiff Ka Tat "Karter" Au-Yeung, Defendant Ka Tat "Karter" Au-Yeung. Replies due by 9/15/2020. (Attachments: #1 Declaration of Charles Vlasic III, Esq., #2 Declaration of Ka Tat Au-Yeung) (Vlasic, Charles)
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Filing 134
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 9/8/2020. Re: ECF Nos. 122, 123, and 132, a motion hearing is set for 9/22/2020 at 9:00 AM in LV Courtroom 3B before Magistrate Judge Brenda Weksler. Any response to ECF No. 132 is due by 9/17/2020. No replies will be allowed. The Court will direct the parties to appear via videoconference utilizing the Zoom Videoconference App. IT IS ORDERED that the parties are directed to contact Courtroom Administrator Jeff Miller at Jeff_Miller@nvd.uscourts.gov no later than noon the day before the hearing to provide email addresses where their Zoom Conference invitations can be sent. (no image attached) (Copies have been distributed pursuant to the NEF - EG)
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Filing 133
RESPONSE to #127 Motion to Compel, by Plaintiffs Magma Holding, Inc., Meta Lab, Inc.. Replies due by 9/14/2020. (Attachments: #1 Declaration Declaration of Ryan M. Lower ISO Opp to Motion to Compel) (Lower, Ryan)
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Filing 132
Emergency MOTION to Expedite Hearing on Motions to Extend Discovery Deadline [ECF No. 122]; and for Order Directing Receiver to Pay Plaintiffs Counsels Invoices from Assets of Business or, Alternatively, for Leave to Withdraw as Counsel [ECF No. 123]; and for Limited Protective Order to Continue Depositions re #122 Motion to Extend/Shorten Time, by Plaintiffs Magma Holding, Inc., Meta Lab, Inc., Counter Defendants Magma Holding, Inc., Meta Lab, Inc.. (Attachments: #1 Exhibit Exhibit 1 - August 27, 2020 Email Exchange) (Lower, Ryan)
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Filing 131
RESPONSE to #122 Motion to Extend/Shorten Time, by Counter Claimant Ka Tat "Karter" Au-Yeung, ThirdParty Plaintiff Ka Tat "Karter" Au-Yeung, Defendant Ka Tat "Karter" Au-Yeung. Replies due by 9/14/2020. (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G) (Vlasic, Charles)
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Filing 130
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 9/2/2020. Due to a conflict in the Court's schedule, the hearing on the motion at #127 currently scheduled for 9/11/2020 at 8:00 AM is CONTINUED in time only to 9/11/2020 at 9:00 AM in LV Courtroom 3D by videoconference. See ECF No. 129 for instructions on how to receive a Zoom invitation. (no image attached) (Copies have been distributed pursuant to the NEF - DCh)
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Filing 129
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 9/1/2020. Regarding #127 Motion to Compel: Responses due by 9/7/2020; no reply is allowed; Motion Hearing set for 9/11/2020 at 08:00 AM before Magistrate Judge Brenda Weksler. The hearing will take place via Zoom videoconference. To receive a Zoom invitation, counsel must contact courtroom administrator Jeff Miller at jeff_miller@nvd.uscourts.gov no later than noon on the day prior to the hearing. (no image attached) (Copies have been distributed pursuant to the NEF - DCh)
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Filing 128
AFFIDAVIT of Service by Magma Holding, Inc., Meta Lab, Inc.. re #121 Summons Issued, #109 Amended Complaint. Siyun Crystal Lu served on 8/28/2020. (Lower, Ryan) Modified event on 9/1/2020 (MMM).
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Filing 127
Emergency MOTION to Compel Discovery by Counter Claimant Ka Tat "Karter" Au-Yeung, ThirdParty Plaintiff Ka Tat "Karter" Au-Yeung, Defendant Ka Tat "Karter" Au-Yeung. Responses due by 9/14/2020. (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D) (Vlasic, Charles)
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Filing 126
ORDER Granting #124 Stipulated Protective Order. Signed by Magistrate Judge Brenda Weksler on 8/31/2020. (Copies have been distributed pursuant to the NEF - JQC)
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Filing 125
RECEIVER'S JULY 2020 REPORT and Notice of Intent to Pay Receiver's Fees and Expenses, by Kevin Singer. (Attachments: #1 Exhibit) (JQC) Modified event on 8/27/2020 (MMM).
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Filing 124
STIPULATED PROTECTIVE ORDER by Plaintiffs Magma Holding, Inc., Meta Lab, Inc., Counter Defendants Magma Holding, Inc., Meta Lab, Inc.. (Lower, Ryan)
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Filing 123
MOTION for Order Directing Receiver to Pay Plaintiffs' Counsels' Invoices from Assets of Business or, in the Alternative, for Leave to Withdraw as Attorneys of Record for Magma Holding, Inc. and Meta Lab, Inc. by Plaintiffs Magma Holding, Inc., Meta Lab, Inc., Counter Defendants Magma Holding, Inc., Meta Lab, Inc.. Responses due by 9/8/2020. (Attachments: #1 Declaration of Jeffrey T. Kern) (Lower, Ryan)
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Filing 122
MOTION to Extend Time (First Request) re #96 Order on Discovery Plan and Scheduling Order, by Plaintiffs Magma Holding, Inc., Meta Lab, Inc., Counter Defendants Magma Holding, Inc., Meta Lab, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Lower, Ryan)
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Filing 121
Summons Issued as to Siyun Crystal Lu. (JQC)
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Filing 120
PROPOSED SUMMONS to be issued by Plaintiffs Magma Holding, Inc., Meta Lab, Inc., Counter Defendants Magma Holding, Inc., Meta Lab, Inc.. (Lower, Ryan)
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Filing 119
Summons Issued as to Huihui Sindy Sun. (JQC)
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Filing 118
PROPOSED SUMMONS to be issued by Plaintiffs Magma Holding, Inc., Meta Lab, Inc.. (Lower, Ryan)
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Filing 117
NOTICE of Change of Firm Affiliation by Magma Holding, Inc., Meta Lab, Inc.. (Lower, Ryan)
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Filing 116
ANSWER to #109 Amended Complaint filed by Ka Tat "Karter" Au-Yeung.(Vlasic, Charles)
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Filing 115
ORDER Granting #111 Stipulation re Discovery of Electronically Stored Information. Signed by Magistrate Judge Brenda Weksler on 7/24/2020. (Copies have been distributed pursuant to the NEF - JQC)
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Filing 114
RECEIVER'S JUNE 2020 REPORT and Notice of Intent to Pay Receiver's Fees and Expenses, by Kevin Singer. (Attachments: #1 Index of Exhibits, #2 Exhibit) (JQC) Modified text on 7/22/2020 (MMM).
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Filing 113
NOTICE of Corrected Image/Document re #111 Stipulation, by Counter Claimant Ka Tat "Karter" Au-Yeung, ThirdParty Plaintiff Ka Tat "Karter" Au-Yeung, Defendant Ka Tat "Karter" Au-Yeung. (Service of corrected image is attached.) (Vlasic, Charles)
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Filing 112
CLERK'S NOTICE of violation of Local Rule LR IC 5-1(d). Attorney Action Required to ECF No. #111 . Signature of plaintiff's counsel is incorrect.Attorney Charles Vlasic is advised to correct the deficiency and refile using the event Notice of Corrected Image/Document and link to #111 . DO NOT link to this notice. (no image attached) (MMM)
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Filing 111
VIEW #113 corrected image to STIPULATION re Discovery of Electronically Stored Information by Counter Claimant Ka Tat "Karter" Au-Yeung, ThirdParty Plaintiff Ka Tat "Karter" Au-Yeung, Defendant Ka Tat "Karter" Au-Yeung. (Vlasic, Charles) Modified on 7/22/2020 (MMM).
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Filing 110
EXHIBITS redacted per #106 Order re #37 Motion to Seal, #36 Motion to Appoint Receiver, by Counter Claimant Ka Tat "Karter" Au-Yeung, ThirdParty Plaintiff Ka Tat "Karter" Au-Yeung, Defendant Ka Tat "Karter" Au-Yeung. (Attachments: #1 Exhibit G, #2 Exhibit H, #3 Exhibit I, #4 Exhibit J, #5 Exhibit K, #6 Exhibit L, #7 Exhibit M, #8 Exhibit O, #9 Exhibit P, #10 Exhibit S, #11 Exhibit W, #12 Exhibit CC, #13 Exhibit JJ) (Vlasic, Charles) Modified text on 7/20/2020 (MMM).
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Filing 109
AMENDED COMPLAINT against Defendants by Meta Lab, Inc., Magma Holding, Inc.. Adds and removes parties. (JQC)
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Filing 108
MINUTES OF PROCEEDINGS - Motion Hearing held on 7/17/2020 before Magistrate Judge Brenda Weksler. Crtrm Administrator: Jeff A Miller; Pla Counsel: Ryan Lower, Esq., Danielle Thompson, Esq., Isaiah Weedn, Esq.; Def Counsel: Charles Vlasic, Esq., I. Scott Bogatz, Esq.; Time of Hearing: 11:00am; Electronic Court Recorder Operator: Liberty/CRD; Recording start and end times: 11:05:20 - 11:17:47; Courtroom: 3B; Due to ongoing concerns for health and safety during the Covid-19 pandemic, all parties appear via videoconference at these proceedings. Joseph Ganley, Esq., counsel for the Receiver, is also present. The Court scheduled these proceedings regarding Plaintiff's Motion to Amend/Correct Complaint #92 . The Court summarizes the briefing. The Court hears the arguments of Counsel. Transcript of these proceedings will serve as the written Order of the Court. The Court makes findings for the record. IT IS ORDERED: Plaintiff's Motion to Amend/Correct Complaint #92 is GRANTED. The Court directs the Clerk's Office to detach Attachment 1 (Exhibit A: First Amended Complaint) from Motion to Amend #92 and to file it on the docket as the controlling Complaint in this case. The First Amended Complaint shall be filed with today's date. (no image attached) (Copies have been distributed pursuant to the NEF - JAM)
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Filing 107
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 7/13/2020. Re: #92 Motion to Amend. Motion Hearing set for 7/17/2020 at 11:00 AM before Magistrate Judge Brenda Weksler. The Court will direct the parties to appear via videoconference utilizing the Zoom Videoconference App. IT IS ORDERED that the Parties are directed to contact Courtroom Administrator Jeff Miller at Jeff_Miller@nvd.uscourts.gov no later than noon the day before the hearing to provide email addresses where their Zoom Conference Invitations can be sent. (no image attached) (Copies have been distributed pursuant to the NEF - Gesmundo, Emily)
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Filing 106
ORDER denying #37 Motion to Seal; Karter shall have until July 17, 2020, to propose redactions or articulate compelling reasons to seal the documents. Signed by Magistrate Judge Brenda Weksler on 7/6/2020. (Copies have been distributed pursuant to the NEF - JM)
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Filing 105
TRANSCRIPT of Proceedings, 75 Motion Hearing, held on 4/29/2020, before Judge Richard F. Boulware, II. Court Reporter: Patricia Ganci, PG@nvd.uscourts.gov. Any Redaction Request is due by 7/21/2020. Redacted Transcript Deadline is set for 7/31/2020. Release of the Transcript Restriction is set for 9/28/2020. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (PG)
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Filing 104
TRANSCRIPT of Proceedings, 71 Order on Motion for Leave to File Document, Motion Hearing, held on 4/22/2020, before Judge Richard F. Boulware, II. Court Reporter: Patricia Ganci, PG@nvd.uscourts.gov. Any Redaction Request is due by 7/21/2020. Redacted Transcript Deadline is set for 7/31/2020. Release of the Transcript Restriction is set for 9/28/2020. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (PG)
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Filing 103
NOTICE of Inventory, filed by Kevin Singer. (Attachments: #1 Cover Letter, #2 Exhibit, #3 Exhibit) (JQC)
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Filing 102
Receiver's FINANCIAL REPORT and Notice of Intent to Pay Receiver's Fees and Expenses, by Receiver Kevin Singer. (Attachments: #1 Index, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9) (Ganley, Joseph) Modified text on 6/19/2020 (MMM).
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Filing 101
TRANSCRIPT DESIGNATION by Counter Defendants Magma Holding, Inc., Meta Lab, Inc. re #89 Notice of Appeal, 75 Motion Hearing, 41 TRO Hearing, Motion Hearing, #43 Transcript,, 71 Order on Motion for Leave to File Document, Motion Hearing, (Weedn, Isaiah)
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Filing 100
REPLY to Response to #92 Motion to Amend/Correct by Plaintiffs Magma Holding, Inc., Meta Lab, Inc.. (Weedn, Isaiah)
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Filing 99
RESPONSE to #92 Motion to Amend/Correct by Counter Claimant Ka Tat "Karter" Au-Yeung, ThirdParty Plaintiff Ka Tat "Karter" Au-Yeung, Defendant Ka Tat "Karter" Au-Yeung. Replies due by 6/10/2020. (Vlasic, Charles)
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Filing 98
REPLY to Response to #88 Motion, by ThirdParty Plaintiff Ka Tat "Karter" Au-Yeung. (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M) (Vlasic, Charles)
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Filing 97
NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.) (no image attached) (MR)
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Filing 96
SCHEDULING ORDER Granting #94 Discovery Plan and Scheduling Order. Discovery due by 12/15/2020. Motions due by 1/14/2021. Proposed Joint Pretrial Order due by 2/16/2021. Signed by Magistrate Judge Brenda Weksler on 6/2/2020. (Copies have been distributed pursuant to the NEF - MR)
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Filing 95
PROOF OF MAILING SUMMONS Returned Executed by Ka Tat "Karter" Au-Yeung re #32 Summons Issued, #25 Summons Issued, #74 Third Party Complaint. (Vlasic, Charles) Modified event and docket text on 6/2/2020 (MMM).
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Filing 94
Stipulated Discovery Plan and Scheduling Order by Plaintiff Magma Holding, Inc.. (Lower, Ryan)
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Filing 93
RESPONSE to #88 Motion, by Plaintiffs Magma Holding, Inc., Meta Lab, Inc.. Replies due by 6/3/2020. (Weedn, Isaiah)
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Filing 92
MOTION for Leave to FileFirst Amended Complaint by Plaintiffs Magma Holding, Inc., Meta Lab, Inc.. (Attachments: #1 Exhibit A: First Amended Complaint) (Weedn, Isaiah)
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Filing 91
USCA ORDER for Time Schedule as to #89 Notice of Appeal, filed by Magma Holding, Inc., Meta Lab, Inc.. USCA Case Number 20-15938. (Copies have been distributed pursuant to the NEF - ADR)
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Filing 90
ANSWER to #73 Counterclaim, #74 Second Amended THIRD PARTY COMPLAINT filed by Magma Holding, Inc., Meta Lab, Inc..(Weedn, Isaiah) Modified on 5/17/2020 to add document link (MMM).
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Filing 89
NOTICE OF APPEAL as to #72 Order on Motion to Appoint Receiver, #82 Order Appointing Kevin Singer as Receiver, by Plaintiffs Magma Holding, Inc., Meta Lab, Inc.. Filing fee $ 505. Receipt number 0978-6005195. E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit. (Attachments: #1 Exhibit A) (MMM)
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Filing 88
MOTION to Deem Service Effectuated Upon Third-Party Defendants re #25 Summons Issued, #74 Third Party Complaint, #32 Summons Issued by ThirdParty Plaintiff Ka Tat "Karter" Au-Yeung. Responses due by 5/27/2020. (Attachments: #1 Declaration of Charles Vlasic In Support of Motion to Deem Service Effectuated Upon Third-Party Defendants, #2 Exhibit B - Email Exchange, #3 Exhibit C - Email Exchange) (Vlasic, Charles)
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Filing 87
WITHDRAWAL of #61 Motion, by ThirdParty Plaintiff Ka Tat "Karter" Au-Yeung. (Attachments: #1 Exhibit Exhibit A Email Exchange, #2 Exhibit Exhibit B Email Exchange) (Vlasic, Charles)
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Filing 86
PROOF OF MAILING SUMMONS Returned Executed by Ka Tat "Karter" Au-Yeung, as to Yuxiang Gao; MOTI Technology Co., LTD; and Qian Xu. (Attachments: #1 Exhibit Exhibit A Receipt for Mailing) (Vlasic, Charles) Modified event on 5/14/2020 (MMM).
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Filing 85
AMENDED ORDER Re: #84 Order. IT IS ORDERED that ALL FUNDS on deposit with the Court, including interest, shall be made payable to: MAGMA HOLDING, INC., a Nevada corporation; said funds shall be released to the Court Appointed Receiver Kevin Singer, of Receivership Specialists, located at: 7251 W. Lake Mead Blvd, Suite 300 Las Vegas, NV 89128; and upon receipt of the Magma Holding, Incs W-9. Signed by Judge Richard F. Boulware, II on 5/13/2020. (Copies have been distributed pursuant to the NEF -cc: Finance - JQC)
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Filing 84
ORDER. IT IS ORDERED that ALL FUNDS on deposit with the Court, including interest, shall be released to the Court Appointed Receiver Kevin Singer, of Receivership Specialists, located at: 7251 W. Lake Mead Blvd, Suite 300 Las Vegas, NV 89128;and upon receipt of Mr. Singers W-9. Signed by Judge Richard F. Boulware, II on 5/11/2020. (Copies have been distributed pursuant to the NEF - cc: Finance - JQC) Modified on 5/12/2020: Added distribution (JQC).
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Filing 83
NOTICE of Compliance by Magma Holding, Inc., Meta Lab, Inc. re 75 Motion Hearing,,,,,,, Terminate Deadlines/Hearings,,,,,,. (Weedn, Isaiah)
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Filing 82
ORDER APPOINTING KEVIN SINGER AS THE DISTRICT COURT RECEIVER OVER THE BUSINESSES OF MAGMA HOLDING, INC., META LAB, INC., AND EIGHTCIG - SUPPLEMENTAL ORDERS APPOINTING RECEIVER and TEMPORARY RESTRAINING ORDER. See Order attached hereto. Signed by Judge Richard F. Boulware, II on 5/5/2020. (Copies have been distributed pursuant to the NEF - BEL)
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Filing 81
NOTICE of Appearance by attorney Joseph R Ganley on behalf of Receiver Kevin Singer. (Ganley, Joseph)
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Filing 80
Submission of Alternative PROPOSED ORDER on #79 Response re #78 Amended Proposed Order by Plaintiffs Magma Holding, Inc., Meta Lab, Inc.. (Weedn, Isaiah)
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Filing 79
RESPONSE to #78 Proposed Order Submission by Plaintiffs Magma Holding, Inc., Meta Lab, Inc.. (Weedn, Isaiah)
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Filing 78
Submission of AMENDED PROPOSED ORDER re 75 Minutes of Proceedings, by Receiver Kevin Singer. (Attachments: #1 Cover Letter) (JQC) Modified filing date on 5/1/2020 (EDS).
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Filing 77
Submission of PROPOSED ORDER re 75 Minutes of Proceedings, filed by Receiver Kevin Singer. (JQC) Modified event on 4/30/2020 (MMM).
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Filing 76
Consent for Electronic Service of Documents by Receiver Kevin Singer. (JQC)
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Filing 75
MINUTES OF PROCEEDINGS - Motion Hearing held on 4/29/2020 before the Honorable Richard F. Boulware, II. Crtrm Administrator: Blanca Lenzi; Pla Counsel: Ryan Lower, Esq., Rena Andoh, Esq., Isaiah Weedn, Esq., Jeff Kern, Esq.; Def Counsel: Charles Vlasic, Esq., Scott Bogatz, Esq.;Receiver: Kevin Singer; Court Reporter: Patty Ganci; Time of Hearing: 10:37 AM - 11:43 AM; Courtroom: 7C.The Court makes preliminary statements and hears representations from the parties regarding what assets will be under the receiver's control. For the reasons stated on the record, IT IS ORDERED that Third Party-Defendants Yuxiang Gao (aka Michael) and Qian Xu (aka Daniel) shall provide to defense counsel addresses at which they may accept service by international mail from Counter Claimant/Defendant by Wednesday, May 6, 2020. If such information is not provided to defense counsel by that time, the third-party defendants shall be estopped from participating in the daily operations of Plaintiffs. IT IS FURTHER ORDERED that Counter Claimant/Defendant shall file a reply to his #61 Emergency motion for Order Directing Service by Alternative Means by May 13, 2020. IT IS FURTHER ORDERED that the receiver shall file a proposed interim order by end of business on April 29, 2020, for the Court to review and sign.(no image attached) (Copies have been distributed pursuant to the NEF - BEL) Added text - name rcvr on 4/29/2020 (BEL).
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Filing 74
Second Amended THIRD PARTY COMPLAINT against Yuxiang Gao, MOTI Technology Co., LTD, Qian Xu by Ka Tat "Karter" Au-Yeung. No changes to parties. (Vlasic, Charles) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court.
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Filing 73
Second Amended COUNTERCLAIM against Magma Holding, Inc., Meta Lab, Inc. by Ka Tat "Karter" Au-Yeung. (Vlasic, Charles)
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Filing 72
ORDER Granting Defendant Ka Tat "Karter'Au-Yeung's" #36 Motion to Appoint a Receiver. Kevin Singer is Kevin Singer of Receivership Specialists located at 7251 W. Lake Mead Blvd., Suite 300, Las Vegas, Nevada 89128, Phone: (702) 562-4230. This appointment is effective as of April 24, 2020. The Receiver may begin the process of reviewing the disputed claims of the parties in this case and formulating a plan for addressing them to present to the Court. IT IS FURTHER ORDERED that Defendant Ka Tat "Karter' Au-Yeung's Motion for Leave to File Excess Pages (ECF No. 34) is GRANTED nunc pro tunc. IT IS FURTHER ORDERED that Counter Defendants/Plaintiffs Magma Holding, Inc and Meta Lab's Motion to Dismiss the Amended Countercomplaint (ECF No. 49) is granted in part. The Court dismisses Counter Claimant/Defendant Ka Tat "Karter" Au-Yeung's claim for a constructive trust without prejudice. IT IS FURTHER ORDERED that Plaintiff Magma Holding, Inc's Motion to Extend Temporary Restraining Order (ECF No. 58) is DENIED.IT IS FURTHER ORDERED that Plaintiffs' Motion for Leave to File Supplement to Motion for TRO and Order to Show Cause re Preliminary Injunction (ECF No. 66) is denied. IT IS FURTHER ORDERED that a videoconference hearing addressing the parameters of the temporary receivership and the complete assets that will fall under the control of the Receiver is scheduled for a videoconference hearing for Wednesday, April 29 at 10:30 AM in LV Courtroom 7C before Judge Richard F. Boulware, II. Signed by Judge Richard F. Boulware, II on 4/24/2020.(no image attached) (Copies have been distributed pursuant to the NEF - BEL)
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Filing 70
NOTICE of Proposed list of Property to be Included in Receivership re #36 Motion to Appoint Receiver, by Plaintiffs Magma Holding, Inc., Meta Lab, Inc.. (Weedn, Isaiah) Modified event on 4/27/2020 (MMM).
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Filing 69
NOTICE of Assets, Information, and Documentation for Receiver to Obtain Control Over, by Ka Tat "Karter" Au-Yeung. (Vlasic, Charles)
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Filing 68
RESPONSE to #61 Motion, by Plaintiff Magma Holding, Inc. and Meta Lab, Inc.. Replies due by 5/1/2020. (Attachments: #1 Declaration of Rena Andoh, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C) (Lower, Ryan) Modified on 4/27/2020 to reflect additional filing party (MMM).
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Filing 67
CLERK'S NOTICE Regarding Local Rule IC 2-2(d). ECF No. #66 was not filed pursuant to LR IC 2-2(d). Documents must be linked to the document to which they pertain in the electronic filing system. Attorney Isiah Weedn is advised to properly link all further filed documents. The Clerk has modified the entry to properly establish the docket-entry relationship. Do NOT refile. (no image attached) (MMM)
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Filing 66
MOTION for Leave to File Supplement re #8 Motion for TRO and Order to Show Cause re Preliminary Injunction by Plaintiffs Magma Holding, Inc., Meta Lab, Inc.. (Attachments: #1 Exhibit 1, #2 Declaration of Qian "Daniel" Xu, #3 Exhibit OO to Xu Declaration, #4 Exhibit PP to Xu Declaration, #5 Exhibit QQ to Xu Declaration, #6 Exhibit RR to Xu Declaration, #7 Exhibit SS to Xu Declaration) (Weedn, Isaiah) Modified on 4/22/2020 to link to underlying motion (MMM).
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Filing 65
REPLY to Response to #49 Motion to Dismiss, by Counter Defendants Magma Holding, Inc., Meta Lab, Inc.. (Weedn, Isaiah)
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Filing 64
RESPONSE to #49 Motion to Dismiss, by Counter Claimant Ka Tat "Karter" Au-Yeung, ThirdParty Plaintiff Ka Tat "Karter" Au-Yeung, Defendant Ka Tat "Karter" Au-Yeung. Replies due by 4/20/2020. (Vlasic, Charles)
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Filing 63
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 4/13/2020. The court has read and considered Defendant's Emergency Motion for an Order Directing Service by Alternative Means and has determined that it will not be heard on an emergency basis. Responses and replies are due in the ordinary course. (no image attached) (Copies have been distributed pursuant to the NEF - Gesmundo, Emily)
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Filing 62
CLERK'S NOTICE of violation of Local Rules. ECF No. #61 was not filed pursuant to LR IA 10-3(d). An index of exhibits was not provided.Attorney Charles Vlasic is advised in the future to file documents pursuant to the Local Rules. No further action is required concerning this document at this time. DO NOT refile. (no image attached) (MMM)
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Filing 61
Emergency MOTION for Order Directing Service by Alternative Means re #25 Summons Issued, #32 Summons Issued, #30 Amended Complaint, by Counter Claimant Ka Tat "Karter" Au-Yeung, ThirdParty Plaintiff Ka Tat "Karter" Au-Yeung, Defendant Ka Tat "Karter" Au-Yeung. Responses due by 4/24/2020. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Proposed Order) (Vlasic, Charles) Modified text on 4/12/2020 (MMM).
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Filing 60
NOTICE of Docket Correction to ECF No. #58 : Motion type and docket entry relationship modified by Court pursuant to LR IC 2-2(b)(d). (no image attached) (MMM)
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Filing 59
MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 4/9/2020. In light of Plaintiffs' #49 Motion to Dismiss, the Court will refrain from issuing its decision on Defendant's #36 Counter Motion to Appoint Receiver until the motion to dismiss is fully briefed. Defendant shall file a response to the motion to dismiss by April 13, 2020. Plaintiffs shall file their reply by April 17, 2020. The temporary restraining order, modified as indicated during the hearing dated March 26, 2020, shall expire on April 9, 2020 pursuant to Rule 65 as the Court does not find it has a legal basis at this time to extend the TRO given the factual disputes between the parties. The funds deposited with the Court shall remain with the Court pending its decision on the motion to appoint a receiver and the motion to dismiss will shall be considered on an expedited basis.IT ORDERED that a Teleconference Hearing is set for April 22, 2020 at 11:00 AM before Judge Richard F. Boulware, II. IT IS FURTHER ORDERED that shall join the hearing telephonically by dialing telephone no.: 1(877) 336-1829 : Access Code: 3616356 five (5) minutes prior to the hearing. Please remain on the line until such a time as the Court joins the call and convenes the proceedings. The call must be made on a land line. The use of a cell phone or speaker phone during the proceedings is prohibited.(no image attached) (Copies have been distributed pursuant to the NEF - BEL)
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Filing 58
MOTION to Extend Temporary Restraining Order re #42 Amended Order by Plaintiff Magma Holding, Inc.. (Lower, Ryan) Modified on 4/10/2020 to reflect correct event and docket entry relationship (MMM).
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Filing 57
REPLY to Response to #36 Motion to Appoint Receiver,,, by Counter Claimant Ka Tat "Karter" Au-Yeung, ThirdParty Plaintiff Ka Tat "Karter" Au-Yeung, Defendant Ka Tat "Karter" Au-Yeung. (Attachments: #1 Declaration Supplemental Declaration of Au-Yeung, #2 Declaration Supplemental Declaration of Greene, #3 Exhibit WeChat Text Conversation between Au-Yeung and Xu, #4 Exhibit WeChat Text Conversation between Au-Yeung and Xu) (Vlasic, Charles)
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Filing 56
NOTICE Limited Objection to Plaintiffs' List of Receivers by Ka Tat "Karter" Au-Yeung re #48 Notice (Other),. (Bogatz, I. Scott)
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Filing 55
NOTICE of Corrected Image/Document re #53 Reply,,, by Plaintiffs Magma Holding, Inc., Meta Lab, Inc.. (Service of corrected image is attached.) (Attachments: #1 Exhibit 2 (Redacted) [Replacing Doc. No. 53-9], #2 Exhibit 3 (Redacted) [Replacing Doc. No. 53-10], #3 Exhibit 4 (Redacted) [Replacing Doc. No. 53-11], #4 Exhibit 6 (Redacted) [Replacing Doc. No. 53-13], #5 Exhibit 8 (Redacted) [Replacing Doc. No. 53-15], #6 Exhibit 10 (Redacted) [Replacing Doc. No. 53-17], #7 Exhibit 13 (Redacted) [Replacing Doc. No. 53-20], #8 Exhibit 18 (Redacted) [Replacing Doc. No. 53-25], #9 Exhibit 22 (Redacted) [Replacing Doc. No. 53-29], #10 Exhibit 23 (Redacted) [Replacing Doc. No. 53-30], #11 Exhibit 25 (Redacted) [Replacing Doc. No. 53-32], #12 Exhibit 30 (Redacted) [Replacing Doc. No. 53-37], #13 Exhibit 31 (Redacted) [Replacing Doc. No. 53-38]) (Andoh, Rena)
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Filing 54
NOTICE of Corrected Image/Document re #51 Response,,, by Plaintiffs Magma Holding, Inc., Meta Lab, Inc.. (Service of corrected image is attached.) (Attachments: #1 Exhibit 2 (Redacted) [Replacing Doc. No. 51-7), #2 Exhibit 3 (Redacted) [Replacing Doc. No. 51-8), #3 Exhibit 4 (Redacted) [Replacing Doc. No. 51-9), #4 Exhibit 6 (Redacted) [Replacing Doc. No. 51-11), #5 Exhibit 8 (Redacted) [Replacing Doc. No. 51-13), #6 Exhibit 10 (Redacted) [Replacing Doc. No. 51-15), #7 Exhibit 13 (Redacted) [Replacing Doc. No. 51-18), #8 Exhibit 18 (Redacted) [Replacing Doc. No. 51-23), #9 Exhibit 22 (Redacted) [Replacing Doc. No. 51-27), #10 Exhibit 23 (Redacted) [Replacing Doc. No. 51-28), #11 Exhibit 25 (Redacted) [Replacing Doc. No. 51-30), #12 Exhibit 30 (Redacted) [Replacing Doc. No. 51-35), #13 Exhibit 31 (Redacted) [Replacing Doc. No. 51-36)) (Andoh, Rena)
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Filing 53
VIEW #55 corrected image to Exhibits 2, 3, 4, 6, 8, 10, 13, 18, 22, 23, 25, 30, 31 REPLY to #35 Response to #8 Motion for TRO by Plaintiffs Magma Holding, Inc., Meta Lab, Inc.. (Attachments: #1 Declaration of G. Elaine Wood, #2 Index of Exhibits to Wood Decl., #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Declaration of Qian Xu, #7 Index of Exhibits to Xu Decl., #8 Exhibit 1, #9 Exhibit 2, #10 Exhibit 3, #11 Exhibit 4, #12 Exhibit 5, #13 Exhibit 6, #14 Exhibit 7, #15 Exhibit 8, #16 Exhibit 9, #17 Exhibit 10, #18 Exhibit 11, #19 Exhibit 12, #20 Exhibit 13, #21 Exhibit 14, #22 Exhibit 15, #23 Exhibit 16, #24 Exhibit 17, #25 Exhibit 18, #26 Exhibit 19, #27 Exhibit 20, #28 Exhibit 21, #29 Exhibit 22, #30 Exhibit 23, #31 Exhibit 24, #32 Exhibit 25, #33 Exhibit 26, #34 Exhibit 27, #35 Exhibit 28, #36 Exhibit 29, #37 Exhibit 30, #38 Exhibit 31, #39 Exhibit 32) (Andoh, Rena) Modified on 4/3/2020 to link to underlying motion (MMM). Modified on 4/6/2020 (MMM).
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Filing 52
NOTICE OF PLAINTIFFS' EVIDENTIARY OBJECTIONS TO DECLARATION OF KA TAT AU-YEUNG AND EXHIBITS CITED THEREIN by Magma Holding, Inc., Meta Lab, Inc. re #35 Response,,,. (Andoh, Rena)
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Filing 51
VIEW #54 corrected image to Exhibits 2, 3, 4, 6, 8, 10, 13, 18, 22, 23, 25, 30, 31 to RESPONSE to #36 Motion to Appoint Receiver,,, by Plaintiffs Magma Holding, Inc., Meta Lab, Inc.. Replies due by 4/9/2020. (Attachments: #1 Exhibit 1 - Decl. of G. Elaine Wood, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Declaration of Qian Xu, #6 Exhibit 1, #7 Exhibit 2, #8 Exhibit 3, #9 Exhibit 4, #10 Exhibit 5, #11 Exhibit 6, #12 Exhibit 7, #13 Exhibit 8, #14 Exhibit 9, #15 Exhibit 10, #16 Exhibit 11, #17 Exhibit 12, #18 Exhibit 13, #19 Exhibit 14, #20 Exhibit 15, #21 Exhibit 16, #22 Exhibit 17, #23 Exhibit 18, #24 Exhibit 19, #25 Exhibit 20, #26 Exhibit 21, #27 Exhibit 22, #28 Exhibit 23, #29 Exhibit 24, #30 Exhibit 25, #31 Exhibit 26, #32 Exhibit 27, #33 Exhibit 28, #34 Exhibit 29, #35 Exhibit 30, #36 Exhibit 31, #37 Exhibit 32, #38 Index of Exhibits) (Andoh, Rena) Modified on 4/6/2020 (MMM).
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Filing 50
NOTICE of Recommendation of Potential Receivers by Ka Tat "Karter" Au-Yeung. (Attachments: #1 Exhibit A - James Donell Qualifications and Curriculum Vitae, #2 Exhibit B - Dotan Melech Qualifications and Curriculum Vitae) (Vlasic, Charles)
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Filing 49
MOTION to Dismiss #30 First Amended Counterclaim and Third Party Complaint, by Counter Defendants Magma Holding, Inc., Meta Lab, Inc.. Responses due by 4/16/2020. (Attachments: #1 Index, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C) (Andoh, Rena)
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Filing 48
NOTICE of Plaintiffs' List of Receivers Pursuant to Court Order of March 26, 2020 by Magma Holding, Inc., Meta Lab, Inc. re 41 TRO Hearing,,,,,,, Terminate Deadlines/Hearings,,,,,,, Motion Hearing,,,,,,. (Attachments: #1 Exhibit A, Pages 5-43, #2 Exhibit B, Pages 44-94) (Weedn, Isaiah)
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Filing 47
ORDER Granting #19 Verified Petition for Permission to Practice Pro Hac Vice Danielle Thompson and approving Designation of Local Counsel Ryan Lower. Signed by Judge Richard F. Boulware, II on 3/31/2020. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - JQC)
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Filing 44
NOTICE of Corrected Image/Document re #19 Motion for Permission to Practice Pro Hac Vice - Verified Petition, by Plaintiffs Magma Holding, Inc., Meta Lab, Inc., Counter Defendants Magma Holding, Inc., Meta Lab, Inc.. (Service of corrected image is attached.) (Attachments: #1 Exhibit Exhibit 1) (Lower, Ryan)
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Filing 43
TRANSCRIPT of Proceedings, 41 TRO Hearing, Motion Hearing, held on 3/26/2020, before Judge Richard F. Boulware, II. Court Reporter: Patricia Ganci, PG@nvd.uscourts.gov. Any Redaction Request is due by 4/21/2020. Redacted Transcript Deadline is set for 5/1/2020. Release of the Transcript Restriction is set for 6/29/2020. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (PG)
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Filing 42
AMENDED ORDER Re: #13 Order. IT IS ORDERED that Defendant Ka Tat Karter Au-Yeung (Defendant), and all those acting in concert with him, shall be and hereby are temporarily restrained and enjoined from: See Order for Details. IT IS FURTHER ORDERED that Defendant shall, within four business days of the date of this Order, return to counsel for Plaintiffs all confidential information, trade secrets, and property belonging to Plaintiffs in Defendant's possession, custody or control, including without limitation all passwords and user names. IT IS FURTHER ORDERED that Defendant shall, within five business days of the date of this Order, deposit with the Clerk of this Court the funds Defendant transferred to his personal bank account from the Plaintiffs bank accounts on 1/6/2020 and 2/6/2020, to restore the status quo. IT IS FURTHER ORDERED that security in the amount actually received $6,154,583.98 be posted by the Plaintiffs with the Clerk of the Court prior to 3/16/2020, at 5:00 PM for this order to take effect on 3/17/2020. If the security is not posted by 3/16/2020, this order shall go into effect on the payment of the security any day thereafter. IT IS FURTHER ORDERED the parties shall join the hearing telephonically at 10:30 a.m. on 3/26/2020, before the Honorable Richard F. Boulware II, for a hearing to show cause by dialing by dialing telephone no.: (877) 336-1829: Access Code: 3616356 five (5) minutes prior to the hearing. Signed by Judge Richard F. Boulware, II on 3/26/2020. (Copies have been distributed pursuant to the NEF - cc:FINANCE - JQC)
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Filing 41
MINUTES OF PROCEEDINGS - TRO Motion Hearing held on 3/26/2020 before the Honorable Richard F. Boulware, II. Crtrm Administrator: Blanca Lenzi; Pla Counsel: Appearing Telephonically: Ryan Lower, Esq., Rena Andoh, Esq., Isaiah Weedn, Esq.; Def Counsel: Appearing Telephonically: Charles Vlasic, Esq., Scott Bogatz, Esq.; Court Reporter: Patty Ganci; Time of Hearing: 10:40 AM - 11:46 AM; Courtroom: 7C.Kat Tat Karter Au-Yeung is present appearing telephonically. The Court makes preliminary statements and hears representations from the parties regarding the #8 Emergency Motion for Temporary Restraining Order. For the reasons stated on the record,For the reasons stated on the record, IT IS ORDERED that the TRO shall remain in effect for another two weeks from the date of this hearing. IT IS FURTHER ORDERED that Plaintiffs shall file a reply to #35 Defendant's Response to #8 Motion for TRO and a response to #36 Counter Motion to Appoint the Receiver by April 2, 2020. Defendants shall file their reply to #36 Counter Motion to Appoint the Receiver by April 7, 2020. Both parties should address the Court's discretion to appoint a receiver under federal law in addition to relevant state law provisions. IT IS FURTHER ORDERED that plaintiffs and defendants must file by April 2, 2020, a list of two possible receivers for the Court to appoint. The parties may file any objections to anyone listed by April 7, 2020. The Court will inform the parties as to whether an evidentiary hearing may be necessary after it receives the parties' submissions. (no image attached) (Copies have been distributed pursuant to the NEF - BEL)
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Filing 40
(1st Notice) Pursuant to Local Rule IC 2-1: that Bradley Lipman is in violation of Local Rule IC 2-1. Participation in the electronic filing system became mandatory for all attorneys effective January 1, 2006. You are required to register to file documents electronically in the Court's electronic filing system (CM/ECF) and the electronic service of pleadings and other papers. Please visit the Court's website to complete the registration for CM/ECF. (no image attached) (MMM)
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Filing 39
CLERK'S NOTICE of violation of Local Rules. ECF Nos. #35 and #36 were not filed pursuant to LR IA 10-3(d). An index of exhibits was not provided.Attorney I. Scott Bogatz is advised in the future to file documents pursuant to the local rules. No further action is required concerning these documents at this time. DO NOT refile. (no image attached) (MMM)
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Filing 37
MOTION to Seal Exhibits re #35 Response and #36 Motion to Appoint Receiver, by Defendant Ka Tat "Karter" Au-Yeung. (Attachments: #1 Declaration of Charles Vlasic in Support of Motion to Seal) (Bogatz, I. Scott) Modified docket text on 3/26/2020 (MMM).
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Filing 36
Counter MOTION to Appoint Receiver by Defendant Ka Tat "Karter" Au-Yeung. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF, #33 Exhibit GG, #34 Exhibit HH, #35 Exhibit II, #36 Exhibit JJ, #37 Exhibit KK, #38 Exhibit LL, #39 Exhibit MM, #40 Exhibit NN) (Bogatz, I. Scott)
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Filing 35
RESPONSE to #8 Motion for TRO, by Defendant Ka Tat "Karter" Au-Yeung. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF, #33 Exhibit GG, #34 Exhibit HH, #35 Exhibit II, #36 Exhibit JJ, #37 Exhibit KK, #38 Exhibit LL, #39 Exhibit MM, #40 Exhibit NN) (Bogatz, I. Scott)
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Filing 34
First MOTION for Leave to File Excess Pages by Counter Claimant Ka Tat "Karter" Au-Yeung, ThirdParty Plaintiff Ka Tat "Karter" Au-Yeung, Defendant Ka Tat "Karter" Au-Yeung. (Attachments: #1 Declaration of Charles Vlasic In Support of Motion to Exceed Page Limit) (Vlasic, Charles)
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Filing 46
CERTIFICATE of Cash Deposit as to Ka Tat Au Yeung: $ 150,000.00, receipt number NVLAS069382 (cc: Finance - JQC) Modified on 3/31/2020 to reflect correct date filed (MMM).
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Filing 45
CERTIFICATE of Cash Deposit as to Ka Tat Yeung: $ 6,004,583.98, receipt number NVLAS069381 (cc: Finance - JQC)
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Filing 33
CLERK'S NOTICE of violation of Local Rules. ECF No. #30 was not filed pursuant to LR IC 2-2(c). The wrong event was selected. The title of the docket entry does not match the title of the document.Attorney Charles Vlasic is advised in the future to file documents pursuant to the Local Rules.The Court has corrected the event. No further action is required concerning this document at this time. Do NOT refile. (no image attached) (MMM)
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Filing 32
Summons on a Third Party Complaint Issued as to MOTI Technology Co., LTD re #30 Counterclaim and Third Party Complaint. (JQC) Modified docket text on 3/25/2020 (MMM).
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Filing 31
PROPOSED SUMMONS to be issued Third-Party Defendant MOTI Technology Co., LTD. by ThirdParty Plaintiff Ka Tat "Karter" Au-Yeung. (Vlasic, Charles)
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Filing 30
First AMENDED COMPLAINT COUNTERCLAIM AND THIRD PARTY COMPLAINT against Yuxiang Gao, Magma Holding, Inc., Meta Lab, Inc., Qian Xu, MOTI Technology Co., LTD by Ka Tat "Karter" Au-Yeung. Adds new parties. (Vlasic, Charles) Modified event on 3/24/2020 (MMM).
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Filing 29
ORDER Granting #21 Verified Petition for Permission to Practice Pro Hac Vice Isaiah Z Weedn and approving Designation of Local Counsel Ryan M. Lower. Signed by Judge Richard F. Boulware, II on 3/23/2020. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - JQC)
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Filing 28
ORDER Granting #20 Verified Petition for Permission to Practice Pro Hac Vice Jeffrey T. Kern and approving Designation of Local Counsel Ryan M. Lower. Signed by Judge Richard F. Boulware, II on 3/23/2020. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - JQC)
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Filing 27
ORDER Granting #18 Verified Petition for Permission to Practice Pro Hac Vice Rena Andoh and approving Designation of Local Counsel Ryan M. Lower. Signed by Judge Richard F. Boulware, II on 3/23/2020. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - JQC) Modified on 3/31/2020 (MMM).
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Filing 26
MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 3/23/2020. IT IS HEREBY ORDERED that a ruling on Verified Petition for Permission to Practice Pro Hac Vice and Designation of Local Counsel #19 is DEFERRED. IT IS FURTHER ORDERED that Petitioner Danielle Marie Thompson shall provide a current Certificate of Good Standing from EACH state in which Petitioner has been admitted to practice law, in accordance with the instruction set forth on Page 2, No. 3 of the Verified Petition For Permission To Practice In This Case Only By Attorney Not Admitted To The Bar Of This Court And Designation Of Local Counsel. Judge Boulware requires provision of Certificate(s) of Good Standing that have been issued within the last six months, in order for the certificates to be considered current. Petitioner's submission #19 was not issued within the last six months. Petitioner shall have 14 days from the entry of this order to file the corrected Verified Petition using the "Notice of Corrected Image/Document" event. Failure to timely remedy this deficiency will result in the denial of the Verified Petition, and Petitioner will be required to refile and to repay the filing fee. (Copies have been distributed pursuant to the NEF - CVL)
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Filing 25
Summons on a Third-Party Complaint Issued as to Yuxiang Gao, Qian Xu re #16 . (JQC) Modified on 3/23/2020 (MMM).
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Filing 24
NOTICE of Appearance by attorney I. Scott Bogatz on behalf of Counter Claimant Ka Tat "Karter" Au-Yeung. (Bogatz, I. Scott)
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Filing 23
PROPOSED SUMMONS to be issued to Third-Party Defendant Yuxiang Gao by ThirdParty Plaintiff Ka Tat "Karter" Au-Yeung. (Vlasic, Charles)
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Filing 22
PROPOSED SUMMONS to be issued to Third-Party Defendant Qian Xu by ThirdParty Plaintiff Ka Tat "Karter" Au-Yeung. (Vlasic, Charles)
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Filing 21
MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Isaiah Z. Weedn and DESIGNATION of Local Counsel Ryan M. Lower (Filing fee $ 250 receipt number 0978-5935423) by Plaintiffs Magma Holding, Inc., Meta Lab, Inc., Counter Defendants Magma Holding, Inc., Meta Lab, Inc.. (Attachments: #1 Exhibit Exhibit 1) (Lower, Ryan)
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Filing 20
MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Jeff Kern and DESIGNATION of Local Counsel Ryan M. Lower (Filing fee $ 250 receipt number 0978-5935404) by Plaintiffs Magma Holding, Inc., Meta Lab, Inc., Counter Defendants Magma Holding, Inc., Meta Lab, Inc.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2) (Lower, Ryan)
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Filing 19
VIEW #44 corrected image to MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Danielle Thompson and DESIGNATION of Local Counsel Ryan M. Lower (Filing fee $ 250 receipt number 0978-5935376) by Plaintiffs Magma Holding, Inc., Meta Lab, Inc., Counter Defendants Magma Holding, Inc., Meta Lab, Inc.. (Attachments: #1 Exhibit Exhibit 1) (Lower, Ryan) Modified on 3/31/2020 (MMM).
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Filing 18
MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Rena Andoh and DESIGNATION of Local Counsel Ryan M. Lower (Filing fee $ 250 receipt number 0978-5935325) by Plaintiffs Magma Holding, Inc., Meta Lab, Inc., Counter Defendants Magma Holding, Inc., Meta Lab, Inc.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3) (Lower, Ryan)
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Filing 17
CERTIFICATE of Interested Parties by Ka Tat "Karter" Au-Yeung. There are no known interested parties other than those participating in the case (Vlasic, Charles)
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Filing 16
ANSWER to #1 Complaint,, (, Discovery Plan/Scheduling Order due by 5/4/2020.), THIRD PARTY COMPLAINT against Qian Xu, Yuxiang Gao by Ka Tat "Karter" Au-Yeung., COUNTERCLAIM against Magma Holding, Inc., Meta Lab, Inc. by Ka Tat "Karter" Au-Yeung. filed by Ka Tat "Karter" Au-Yeung.(Vlasic, Charles) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court.
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Filing 15
AFFIDAVIT of Service re #13 Order on Motion for TRO,,,,,,, Order on Motion to Seal,,,,,,,,,,,,,, Set/Reset Deadlines & Hearings,,,,,, by Plaintiffs Magma Holding, Inc., Meta Lab, Inc.. (Attachments: #1 Exhibit Exhibit A) (Lower, Ryan)
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Filing 14
CERTIFICATE of Cash Deposit as to Magma Holding: $ 10,000, receipt number NVLAS069256 (Attachments: #1 Receipt # NVLAS069256) (cc- Finance - JQC)
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Filing 13
ORDER. IT IS ORDERED that Defendant Ka Tat "Karter" Au-Yeung ("Defendant"), and all those acting in concert with him, shall be and hereby are temporarily restrained and enjoined from: See Order for Details. IT IS FURTHER ORDERED that Defendant shall, within four business days of the date of this Order, return to counsel for Plaintiffs all confidential information, trade secrets, and property belonging to Plaintiffs in Defendant's possession, custody or control, including without limitation all passwords and user names. IT IS FURTHER ORDERED that Defendant shall, within five business days of the date of this Order, deposit with the Clerk of this Court the amount of $6.15 million. IT IS FURTHER ORDERED that security in the amount of $10,000 be posted by the Plaintiffs with the Clerk of the Court prior to 3/16/2020, at 5:00 PM for this order to take effect on 3/17/2020. IT IS FURTHER ORDERED that personal service of a copy of this order and annexed affidavit upon the Defendant or his counsel on or before 3/17/2020, shall be deemed good and sufficient service thereof. IT IS FURTHER ORDERED the parties shall join the hearing telephonically at 10:30 a.m. on 3/26/2020, before the Honorable Richard F. Boulware II, for a hearing to show cause by dialing by dialing telephone no.: (877) 336-1829: Access Code: 3616356 five (5) minutes prior to the hearing. Signed by Judge Richard F. Boulware, II on 3/16/2020. (Copies have been distributed pursuant to the NEF: cc Finance - JQC) Modified on 3/17/2020 (MMM).
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Filing 10
EX PARTE EXHIBITS to #9 Ex Parte Document, #8 Ex Parte Motion, by Plaintiffs Magma Holding, Inc., Meta Lab, Inc.. (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, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K, #12 Exhibit Exhibit L, #13 Exhibit Exhibit M, #14 Exhibit Exhibit N, #15 Exhibit Exhibit O, #16 Exhibit Exhibit P, #17 Exhibit Exhibit Q, #18 Exhibit Exhibit R, #19 Exhibit Exhibit S, #20 Exhibit Exhibit T, #21 Exhibit Exhibit U) (Lower, Ryan) Modified on 3/13/2020 (EDS).
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Filing 9
EX PARTE EXHIBIT to #8 Ex Parte Motion, by Plaintiffs Magma Holding, Inc., Meta Lab, Inc.. (Attachments: #1 Exhibit Exhibit W) (Lower, Ryan) Modified on 3/13/2020 (EDS).
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Filing 8
Emergency EX PARTE MOTION for Temporary Retraining Order and Order to Show Cause Re Preliminary Injunction by Plaintiffs Magma Holding, Inc., Meta Lab, Inc. (Attachments: #1 Proposed Order Proposed Temporary Restraining Order and Order to Show Cause Re Preliminary Injunction) (Lower, Ryan) Modified on 3/13/2020 (EDS).
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Filing 7
ERROR NOTICE to counsel re filing of #6 Certificate of Interested Parties. All interested parties were not properly entered on the docket. Attorney Ryan Lower advised that in the future, Certificates of Interested Parties filed with the District of Nevada shall be filed in accordance with FRCP 7.1 and LR 7.1-1, and shall enter on the docket all persons, associations of person, firms, partnerships or corporations (including parent corporations) which have a direct pecuniary interest in the outcome of the case. (no image attached) (MMM)
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Filing 6
CERTIFICATE of Interested Parties by Magma Holding, Inc., Meta Lab, Inc.. There are no known interested parties other than those participating in the case (Lower, Ryan) Corporate Parent Moti Technology Limited added Modified on 3/5/2020 (MMM).
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Filing 5
SUMMONS Returned Executed by Magma Holding, Inc., Meta Lab, Inc. re #1 Complaint,, #2 Summons Issued. Ka Tat "Karter" Au-Yeung served on 2/27/2020. (Lower, Ryan)
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Filing 4
NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Rena Andoh, Jeffrey T. Kern, Danielle M. Thompson, Isaiah Z. Weedn to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the Court's website www.nvd.uscourts.gov to register Attorney. Verified Petition due by 4/12/2020. (no image attached) (JQC)
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Filing 3
STANDING ORDER. This case has been assigned to the Honorable Judge Richard F. Boulware, II. Judge Boulware's Chambers Practices, which are posted on the U.S. District Court, District of Nevada public website, may also be accessed directly via this hyperlink: #www.nvd.uscourts.gov. (Copies have been distributed pursuant to the NEF - JQC)
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Filing 2
Summons Issued as to Ka Tat "Karter" Au-Yeung re #1 Complaint. (JQC)
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Case randomly assigned to Judge Richard F. Boulware, II and Magistrate Judge Brenda Weksler. (JQC)
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Filing 1
COMPLAINT against KA TAT "KARTER" AU-YEUNG, an individual (Filing fee $400 receipt number 0978-5905362) by MAGMA HOLDINGS, INC., a Nevada Corporation, META LAB, INC., a Nevada Corporation. Proof of service due by 5/26/2020. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Summons Summons) (Lower, Ryan) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court.
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