Bernard v. Theil et al
Plaintiff: Kimberly Bernard and Marathon Patent Group, INC.
Defendant: Fred Theil, Georges Antoun, Kevin Denuccio, Sarita James, Jay Leupp, Said Ouissal, Merrick D. Okamoto and Simeon Salzman
Nominal Defendant: Marathon Digital Holdings, Inc. f/k/a Marathon Patent Group, Inc. and Marathon Digital Holdings, INC.
Case Number: 2:2022cv00305
Filed: February 18, 2022
Court: US District Court for the District of Nevada
Presiding Judge: Richard F Boulware
Referring Judge: Nancy J Koppe
Nature of Suit: Stockholders Suits
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 13, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 15, 2022 Opinion or Order Filing 25 MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 4/15/2022. IT IS HEREBY ORDERED that a ruling on Verified Petition for Permission to Practice Pro Hac Vice and Designation of Local Counsel #22 is DEFERRED. IT IS FURTHER ORDERED that Petitioner Stephen A. Radin shall provide a current Certificate of Good Standing from EACH state/court in which Petitioner has been admitted to practice law, in accordance with the instructions set forth on Page 2, Nos. 3&4, of the Verified Petition. 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. (no image attached) (Copies have been distributed pursuant to the NEF - DLM)
April 15, 2022 Opinion or Order Filing 24 MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 4/15/2022. IT IS HEREBY ORDERED that a ruling on Verified Petition for Permission to Practice Pro Hac Vice and Designation of Local Counsel #21 is DEFERRED. IT IS FURTHER ORDERED that Petitioner Jonathan D. Polkes shall provide a current Certificate of Good Standing from EACH state/court in which Petitioner has been admitted to practice law, in accordance with the instructions set forth on Page 2, Nos. 3&4, of the Verified Petition. 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.(no image attached) (Copies have been distributed pursuant to the NEF - DLM)
April 15, 2022 Opinion or Order Filing 23 MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 4/15/2022. IT IS HEREBY ORDERED that a ruling on Verified Petition for Permission to Practice Pro Hac Vice and Designation of Local Counsel #20 is DEFERRED. IT IS FURTHER ORDERED that Petitioner Caroline Hickey Zalka shall provide a current Certificate of Good Standing from EACH state/court in which Petitioner has been admitted to practice law, in accordance with the instructions set forth on Page 2, Nos. 3&4, of the Verified Petition. 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.(no image attached) (Copies have been distributed pursuant to the NEF - DLM)
April 14, 2022 Opinion or Order Filing 22 NOTICE of Corrected Image/Document re #9 Motion for Permission to Practice Pro Hac Vice - Verified Petition, for attorney Stephen A. Radin, by Defendants Georges Antoun, Kevin Denuccio, Sarita James, Jay Leupp, Merrick D. Okamoto, Said Ouissal, Simeon Salzman, Fred Theil, Nominal Defendant Marathon Digital Holdings, INC.. (Service of corrected image is attached.) (Pisanelli, James)
April 14, 2022 Opinion or Order Filing 21 NOTICE of Corrected Image/Document re #8 Motion for Permission to Practice Pro Hac Vice - Verified Petition, for attorney Jonathan D. Polkes, by Defendants Georges Antoun, Kevin Denuccio, Sarita James, Jay Leupp, Merrick D. Okamoto, Said Ouissal, Simeon Salzman, Fred Theil, Nominal Defendant Marathon Digital Holdings, INC.. (Service of corrected image is attached.) (Pisanelli, James)
April 14, 2022 Opinion or Order Filing 20 NOTICE of Corrected Image/Document re #7 Motion for Permission to Practice Pro Hac Vice - Verified Petition, for attorney Caroline Hickey Zalka, by Defendants Georges Antoun, Kevin Denuccio, Sarita James, Jay Leupp, Merrick D. Okamoto, Said Ouissal, Simeon Salzman, Fred Theil, Nominal Defendant Marathon Digital Holdings, INC.. (Service of corrected image is attached.) (Pisanelli, James)
April 11, 2022 Opinion or Order Filing 19 ORDER. Case reassigned to Judge Richard F. Boulware, II and Magistrate Judge Nancy J. Koppe for all further proceedings. All further documents must bear the correct case number 2:22-cv-00305-RFB-NJK. Signed by Judge Jennifer A. Dorsey and Richard F. Boulware, II on 4/11/2022. (Copies have been distributed pursuant to the NEF - KF)
April 11, 2022 Opinion or Order Filing 18 STIPULATION FOR EXTENSION OF TIME (First Request) TO SET BRIEFING SCHEDULE ON #11 MOTION TO DISMISS, re #13 Notice of Corrected Image/Document, by Defendants Georges Antoun, Kevin Denuccio, Sarita James, Jay Leupp, Merrick D. Okamoto, Said Ouissal, Simeon Salzman, Fred Theil, Nominal Defendant Marathon Digital Holdings, INC. (Spinelli, Debra) Modified on 4/14/2022 to link to Motion (SLD).
April 7, 2022 Opinion or Order Filing 17 CERTIFICATE of Interested Parties by Georges Antoun, Kevin Denuccio, Sarita James, Jay Leupp, Marathon Digital Holdings, INC., Merrick D. Okamoto, Said Ouissal, Simeon Salzman, Fred Theil. There are no known interested parties other than those participating in the case (Spinelli, Debra)
April 7, 2022 Opinion or Order Filing 16 NOTICE OF RELATED CASES by Defendants Georges Antoun, Kevin Denuccio, Sarita James, Jay Leupp, Merrick D. Okamoto, Said Ouissal, Simeon Salzman, Fred Theil, Nominal Defendant Marathon Digital Holdings, INC.. (Spinelli, Debra)
April 6, 2022 Opinion or Order Filing 15 ORDER Granting #6 Stipulation to Extend Deadline to Answer #1 Complaint. Marathon Digital Holdings, INC. answer due 4/4/2022. Signed by Magistrate Judge Cam Ferenbach on 4/6/2022. (Copies have been distributed pursuant to the NEF - KF)
April 5, 2022 Opinion or Order Filing 14 NOTICE of Corrected Image/Document re #12 Declaration, by Defendants Georges Antoun, Kevin Denuccio, Sarita James, Jay Leupp, Merrick D. Okamoto, Said Ouissal, Simeon Salzman, Fred Theil, Nominal Defendant Marathon Digital Holdings, INC.. (Service of corrected image is attached.) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Spinelli, Debra)
April 5, 2022 Opinion or Order Filing 13 NOTICE of Corrected Image/Document re #11 Motion to Dismiss, by Defendants Georges Antoun, Kevin Denuccio, Sarita James, Jay Leupp, Merrick D. Okamoto, Said Ouissal, Simeon Salzman, Fred Theil, Nominal Defendant Marathon Digital Holdings, INC.. (Service of corrected image is attached.) (Spinelli, Debra)
April 4, 2022 Opinion or Order Filing 12 DECLARATION of Debra L. Spinelli re #11 Motion to Dismiss, by Defendants Georges Antoun, Kevin Denuccio, Sarita James, Jay Leupp, Merrick D. Okamoto, Said Ouissal, Simeon Salzman, Fred Theil, Nominal Defendant Marathon Digital Holdings, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Spinelli, Debra)
April 4, 2022 Opinion or Order Filing 11 MOTION to Dismiss #1 Complaint,,, by Defendants Georges Antoun, Kevin Denuccio, Sarita James, Jay Leupp, Merrick D. Okamoto, Said Ouissal, Simeon Salzman, Fred Theil, Nominal Defendant Marathon Digital Holdings, INC.. Responses due by 4/18/2022. (Spinelli, Debra)
April 4, 2022 Opinion or Order Filing 10 MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey on 4/4/2022. Re: #7 , #8 , and #9 : The verified petitions do not comply with LR IA 11-2(a). Petitioners failed to provide the signatures and names of all parties seeking to appoint counsel on the final page of the petitions. Petitioners are advised to provide the missing signatures and names in amended petitions, file the amended petitions under the event titled "Notice of Corrected Image/Document," and link the amended petitions to the originally filed petitions within 10 days of this order.(Copies have been distributed pursuant to the NEF - MH)
March 30, 2022 Opinion or Order Filing 9 VIEW Corrected Image #22 re: MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Stephen A. Radin and DESIGNATION of Local Counsel James J. Pisanelli (Filing fee $ 250 receipt number ANVDC-6849332) by Defendants Georges Antoun, Kevin Denuccio, Sarita James, Jay Leupp, Merrick D. Okamoto, Said Ouissal, Simeon Salzman, Fred Theil, Nominal Defendant Marathon Digital Holdings, INC. (Pisanelli, James) Modified on 4/14/2022 (SLD).
March 30, 2022 Opinion or Order Filing 8 VIEW Corrected Image #21 re: MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Jonathan D. Polkes and DESIGNATION of Local Counsel James J. Pisanelli (Filing fee $ 250 receipt number ANVDC-6849327) by Defendants Georges Antoun, Kevin Denuccio, Sarita James, Jay Leupp, Merrick D. Okamoto, Said Ouissal, Simeon Salzman, Fred Theil, Nominal Defendant Marathon Digital Holdings, INC. (Pisanelli, James) Modified on 4/14/2022 (SLD).
March 30, 2022 Opinion or Order Filing 7 VIEW Corrected Image #20 re: MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Caroline Hickey Zalka and DESIGNATION of Local Counsel James J. Pisanelli (Filing fee $ 250 receipt number ANVDC-6849306) by Defendants Georges Antoun, Kevin Denuccio, Sarita James, Jay Leupp, Merrick D. Okamoto, Said Ouissal, Simeon Salzman, Fred Theil, Nominal Defendant Marathon Digital Holdings, INC.. (Pisanelli, James) Modified on 4/14/2022 (SLD).
March 25, 2022 Opinion or Order Filing 6 STIPULATION FOR EXTENSION OF TIME (First Request) to Accept Service and Set Uniform Date for Motions to Dismiss, including Stipulation to Extend Time for Party Served to Date by Defendants Georges Antoun, Kevin Denuccio, Sarita James, Jay Leupp, Merrick D. Okamoto, Said Ouissal, Simeon Salzman, Fred Theil, Nominal Defendant Marathon Digital Holdings, INC.. (Attachments: #1 Exhibit A) (Spinelli, Debra)
March 23, 2022 Opinion or Order Case randomly assigned to Judge Jennifer A. Dorsey and Magistrate Judge Cam Ferenbach. (EDS)
March 14, 2022 Opinion or Order Filing 5 SUMMONS Returned Executed by Kimberly Bernard. Marathon Digital Holdings, INC. served on 3/4/2022. (Sharp, Matthew)
February 22, 2022 Opinion or Order Filing 4 CERTIFICATE of Interested Parties by Kimberly Bernard. There are no known interested parties other than those participating in the case (Sharp, Matthew)
February 22, 2022 Opinion or Order Filing 3 SUMMONS ISSUED as to Georges Antoun, Kevin Denuccio, Sarita James, Jay Leupp, Marathon Digital Holdings, INC., Merrick D. Okamoto, Said Ouissal, Simeon Salzman, Fred Theil re #1 Complaint. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons) (KF)
February 18, 2022 Opinion or Order Filing 2 NOTICE of Assignment of Case to a United States Magistrate Judge pursuant to General Order 2021-03. Attached is a form to indicate whether you consent or decline to proceed before a Magistrate Judge. Please submit your consent or declination form within 21 days of filing your complaint or appearing as a defendant. See notice for details. Consent or declination is due by 3/11/2022. Please file the completed form under the filing event called Notice to Clerk - Consent or Declination in the Representation and Appearances civil menu category. (KF)
February 18, 2022 Opinion or Order Case randomly assigned to Magistrate Judge Cam Ferenbach. (KF)
February 18, 2022 Opinion or Order Filing 1 COMPLAINT against Georges Antoun, Kevin Denuccio, Sarita James, Jay Leupp, Marathon Digital Holdings, Inc. f/k/a Marathon Patent Group, Inc., Merrick D. Okamoto, Said Ouissal, Simeon Salzman, Fred Theil (Filing fee $402 receipt number 0978-6802910) by Kimberly Bernard. Proof of service due by 5/19/2022. (Attachments: #1 Civil Cover Sheet, #2 Summons Marathon Digital Holdings, Inc., #3 Summons Fred Theil, #4 Summons Georges Antoun, #5 Summons Kevin Denuccio, #6 Summons Sarita James, #7 Summons Jay Leupp, #8 Summons Said Ouissal, #9 Summons Merrick D. Okamoto, #10 Summons Simeon Salzman) (Sharp, Matthew) 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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Search for this case: Bernard v. Theil et al
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Plaintiff: Kimberly Bernard
Represented By: Matthew L. Sharp
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Plaintiff: Marathon Patent Group, INC.
Represented By: Matthew L. Sharp
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Defendant: Fred Theil
Represented By: Debra Spinelli
Represented By: James J. Pisanelli
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Defendant: Georges Antoun
Represented By: Debra Spinelli
Represented By: James J. Pisanelli
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Defendant: Kevin Denuccio
Represented By: Debra Spinelli
Represented By: James J. Pisanelli
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Defendant: Sarita James
Represented By: Debra Spinelli
Represented By: James J. Pisanelli
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Defendant: Jay Leupp
Represented By: Debra Spinelli
Represented By: James J. Pisanelli
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Defendant: Said Ouissal
Represented By: Debra Spinelli
Represented By: James J. Pisanelli
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Defendant: Merrick D. Okamoto
Represented By: Debra Spinelli
Represented By: James J. Pisanelli
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Defendant: Simeon Salzman
Represented By: Debra Spinelli
Represented By: James J. Pisanelli
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Nominal defendant: Marathon Digital Holdings, Inc. f/k/a Marathon Patent Group, Inc.
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Nominal defendant: Marathon Digital Holdings, INC.
Represented By: Debra Spinelli
Represented By: James J. Pisanelli
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