Kent v. PoolTogether Inc. et al
| Joseph Kent |
| PoolTogether Inc., Leighton Cusack, Kain Warwick, Stanislav Kulechov, Dragonfly Capital LLC, Nascent US LLC, Maven 11 Capital BV, Galaxy Digital Capital Management LP, ParaFi Capital LP, Compound Labs Inc., Galaxy Digital Trading HK Limited, Dragonfly Digital Management, LLC, Dharma Labs, Incorporated, Ozone Networks, Incorporated, Nascent Limited Partnership and Stitchting Maven 11 Funds |
| 1:2021cv06025 |
| October 29, 2021 |
| US District Court for the Eastern District of New York |
| Frederic Block |
| Cheryl L Pollak |
| Personal Property: Other |
| 28 U.S.C. § 1332 Diversity-Tort/Non-Motor Vehicle |
| Plaintiff |
Docket Report
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| Filing 136 CLERK'S JUDGMENT, that the defendants motions to dismiss is granted on the ground that Kent lacks standing to sue; that the alternative motions to compel arbitration are denied as moot, See Deng v. Frequency Elecs., Inc., 2022 WL 16923999, at *10 (E.D.N.Y. Nov. 14, 2022); and that Kent is free to pursue his claims in state court, where Article IIIs limitations on standing do not apply.(Signed by Jalitza Poveda, Deputy Clerk on 6/8/2023) (SG) |
Filing 135
MEMORANDUM and ORDER: The Court holds that Kent lacks standing to sue and, accordingly, grants the defendants motions #94 , #97 , #100 , #101 , #102 , #103 and #116 to dismiss on that ground. The alternative motions to compel arbitration are denied as moot. See Deng v. Frequency Elecs., Inc., 2022 WL 16923999, at *10 (E.D.N.Y. Nov. 14, 2022) ([I]t seems axiomatic that if the Court lacks subject matter jurisdiction over a claim, it cannot refer that claim to arbitration.). Since the complaint must be dismissed without prejudice, see Carter v. HealthPort Tech., LLC, 822 F.3d 47, 54 (2d Cir. 2016) ([W]here a complaint is dismissed for lack of Article III standing, the dismissal must be without prejudice, rather than with prejudice.), Kent is free to pursue his claims in state court, where Article IIIs limitations on standing do not apply. Ordered by Judge Frederic Block on 6/7/2023. (MI)
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| Filing 134 Minute Entry for proceedings held before Judge Frederic Block: See attached for appearances, all present. Oral Argument held on 6/6/2023. Defendants pending motions #94 , #97 , #100 , #101 , #102 , #103 and #116 to dismiss or compel arbitration were discussed. The Court reserved decision.(Court Reporter: Avery Armstrong 718 613 2419) (MI) |
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ELECTRONIC ORDER granting #133 Motion to Withdraw as Attorney. Attorney Brandon Ross Teachout terminated. So Ordered by Magistrate Judge Cheryl L. Pollak on 5/15/2023. (BL)
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| Filing 133 MOTION to Withdraw as Attorney of Brandon R. Teachout by Dharma Labs, Incorporated, Ozone Networks, Incorporated. (Attachments: #1 Declaration of Jonathan H. Blavin in Support of Motion for Leave to withdraw Brandon R. Teachout as Counsel) (Teachout, Brandon) |
| Filing 132 Letter MOTION to Adjourn Conference currently scheduled for May 12 at 3:30 p.m. by PoolTogether Inc.. (Dayanim, Behnam) |
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ELECTRONIC ORDER: Defendant Pooltogether, Inc.'s letter application #132 with the consent of the plaintiff and all co-defendants is GRANTED. The in person oral argument scheduled for May 12, 2023 is adjourned to June 6, 2023 at 3:00 P.M. Upon receipt of this email counsel shall confirm with each other the new date and time of this in person oral argument. Ordered by Judge Frederic Block on 5/5/2023. (MI)
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ELECTRONIC ORDER: In light of the scheduled in person oral argument on May 12, 2023 on the pending motions to dismiss and motion to compel arbitration, the status conference scheduled for 5/9/2023 is adjourned sine die. So Ordered by Magistrate Judge Cheryl L. Pollak on 5/5/2023. (BL)
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| Set/Reset Hearings: In Person Oral Argument set for 6/6/2023 03:00 PM before Judge Frederic Block. (MI) |
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SCHEDULING ORDER: The Court is scheduling an in person oral argument for May 12, 2023 at 3:00 P.M. as to defendants pending motions #94 , #97 , #100 , #101 , #102 , #103 and #116 to dismiss or compel arbitration. Upon receipt of this email counsel shall confirm with each other the date and time of this in person oral argument. Ordered by Judge Frederic Block on 5/4/2023. (MI) Modified on 5/5/2023 TO ADD MOTION #101 . (MI).
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| Set/Reset Hearings: In Person Oral Argument set for 5/12/2023 03:00 PM before Judge Frederic Block. (MI) |
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ELECTRONIC ORDER granting #131 : A Status Conference is set for 5/9/2023 @ 11:15 AM before Magistrate Judge Cheryl L. Pollak. Conference will proceed via AT&T Telephone Conference. Please dial 877-336-1839 at 11:15 AM. Enter access code 380-1746 and security code 21-6025. So Ordered by Magistrate Judge Cheryl L. Pollak on 4/21/2023. (BL)
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| Filing 131 Letter MOTION for Hearing Rule 16 Conference by Joseph Kent. (Gerstein, Charles) |
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ELECTRONIC ORDER: Referring the plaintiff's letter application #131 to MJ Pollak. All pre-trial matters, except dispositive motions, will be handled by MJ Pollak. Ordered by Judge Frederic Block on 4/19/2023. (MI)
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| Filing 130 Letter in response to Plaintiff Joseph Kent's Third Notice of Supplemental Authority in Opposition to Defendants' Motions to Dismiss and Motions to Strike, filed on April 3, 2023 (ECF No. 129), by Compound Labs Inc. (Gottlieb, Jason) |
| Filing 129 NOTICE by Joseph Kent re #108 Memorandum in Opposition of Supplemental Authority (Attachments: #1 Exhibit Opinion of the Court in Sarcuni v. bZx DAO) (Gerstein, Charles) |
| Motions No Longer Referred: to MJ POLLAK Defendant Compound Labs Motion #94 to Strike the Class Allegations; Defendant Dragonfly Ditigal's Motion #97 to Strike the Class Allegations and PoolTogether Inc.'s Motion #103 to Strike Plaintiff's Class Allegations. (MI) |
| Filing 128 MOTION to Withdraw as Attorney of Michael J. Buchanan by PoolTogether Inc.. (Attachments: #1 Declaration of Michael J. Buchanan in Support of Motion for Leave to Withdraw as Counsel, #2 Certificate of Service) (Buchanan, Michael) |
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ELECTRONIC ORDER: Granting Michael j. Buchanan's motion #128 to withdraw as counsel for defendant PoolTogether, Inc. Attorney Michael J. Buchanan terminated.Ordered by Judge Frederic Block on 3/14/2023. (MI)
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| ELECTRONIC ORDER granting #127 Motion to Withdraw as Attorney. Attorney Justin Horton terminated. So Ordered by Chief Magistrate Cheryl L. Pollak on 1/20/2023. (BL) |
| Filing 127 MOTION to Withdraw as Attorney by Galaxy Digital Trading HK Limited, Maven 11 Capital BV, ParaFi Capital LP. (Attachments: #1 Declaration of Justin Horton) (Horton, Justin) |
| Filing 126 Letter to Honorable Block, in Response to Plaintiff's Second Notice of Supplemental Authority in Opposition to Defendant's Motions to Dismiss and Motions to Strike #123 by Dragonfly Digital Management, LLC (Gottlieb, Jason) |
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ORDER granting #125 Motion to Withdraw as Attorney. Attorney Andrew Mark Legolvan terminated. So Ordered by Chief Magistrate Cheryl L. Pollak on 1/5/2023. (BL)
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| Filing 125 MOTION to Withdraw as Attorney Andrew LeGolvan by PoolTogether Inc.. (Attachments: #1 Declaration of Behnam Dayanim in Support of the Motion to Withdraw, #2 Certificate of Service) (Dayanim, Behnam) |
| Filing 124 NOTICE of Appearance by Gregory Beaman on behalf of PoolTogether Inc. (aty to be noticed) (Beaman, Gregory) |
| Filing 123 NOTICE by Joseph Kent (Attachments: #1 Appendix N.D. Cal. Order) (Gerstein, Charles) |
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ORDER granting #122 Motion to Withdraw as Attorney: Attorney Kevin Paul Broughel terminated. So Ordered by Chief Magistrate Cheryl L. Pollak on 12/5/2022. (BL)
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| Filing 122 MOTION to Withdraw as Attorney by PoolTogether Inc.. (Attachments: #1 Affirmation Pursuant to Local Rule 1.4, #2 Proposed Order) (Broughel, Kevin) |
| Filing 121 NOTICE of Appearance by Michael J. Buchanan on behalf of PoolTogether Inc. (aty to be noticed) (Buchanan, Michael) |
| Filing 120 NOTICE of Change of firm, address, telephone number and email Once the filing has been made, you must login to www.pacer.gov and update your account. (Dayanim, Behnam) |
| Filing 119 Letter to Judge Block in Response to Plaintiffs Notice of Supplemental Authority in Opposition to Defendants Motions to Dismiss and Motions to Strike filed on September 20, 2022 [ECF No. 118] by Dragonfly Digital Management, LLC (Gottlieb, Jason) |
| Filing 118 NOTICE by Joseph Kent of Supplemental Authority (Attachments: #1 Exhibit A (CFTC Order)) (Harrow, Jason) |
| Incorrect Case/Document/Entry Information. As per telephone call document #113 was filed in error and refiled in #114 (Guzzi, Roseann) |
| Filing 117 Letter requesting oral argument on behalf of all Defendants by PoolTogether Inc. (Dayanim, Behnam) |
| Filing 116 Fully Briefed MOTION to Dismiss for Failure to State a Claim by Dharma Labs, Incorporated, Ozone Networks, Incorporated. (Attachments: #1 Memorandum in Support, #2 Reply in Support, #3 First Copy of Corporate Disclosure Statement, #4 Second Copy of Corporate Disclosure Statement) (Amato, John) |
| Filing 115 AFFIDAVIT/DECLARATION in Support re #103 MOTION to Compel Arbitration, or Alternatively, to Dismiss Plaintiff's Second Amended Complaint, or Alternatively, to Strike Plaintiff's Class Allegations (Declaration of Kevin Broughel) filed by PoolTogether Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Broughel, Kevin) |
| Filing 114 AFFIDAVIT/DECLARATION in Support re #103 MOTION to Compel Arbitration, or Alternatively, to Dismiss Plaintiff's Second Amended Complaint, or Alternatively, to Strike Plaintiff's Class Allegations (Supplemental Declaration of Leighton Cusack) filed by PoolTogether Inc.. (Attachments: #1 Exhibit D, #2 Exhibit E, #3 Exhibit F, #4 Exhibit G, #5 Exhibit H) (Broughel, Kevin) |
| Filing 113 AFFIDAVIT/DECLARATION in Support re #103 MOTION to Compel Arbitration, or Alternatively, to Dismiss Plaintiff's Second Amended Complaint, or Alternatively, to Strike Plaintiff's Class Allegations (Supplemental Declaration of Leighton Cusack) filed by PoolTogether Inc.. (Broughel, Kevin) |
| Filing 112 REPLY in Support of PoolTogether Inc.'s Motion to Dismiss, or Alternatively, to Strike Plaintiff's Class Allegations filed by PoolTogether Inc.. (Broughel, Kevin) |
| Filing 111 REPLY in Support of PoolTogether Inc.'s Motion to Compel Arbitration filed by PoolTogether Inc.. (Broughel, Kevin) |
| Filing 110 AFFIDAVIT/DECLARATION in Opposition re #103 MOTION to Compel Arbitration, or Alternatively, to Dismiss Plaintiff's Second Amended Complaint, or Alternatively, to Strike Plaintiff's Class Allegations (Declaration of Brennan Bilberry) filed by PoolTogether Inc.. (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) (Broughel, Kevin) |
| Filing 109 AFFIDAVIT/DECLARATION in Opposition re #103 MOTION to Compel Arbitration, or Alternatively, to Dismiss Plaintiff's Second Amended Complaint, or Alternatively, to Strike Plaintiff's Class Allegations (Declaration of Joseph Kent) filed by PoolTogether Inc.. (Broughel, Kevin) |
| Filing 108 MEMORANDUM in Opposition to Defendants' Motions to Dismiss and to Strike filed by PoolTogether Inc.. (Broughel, Kevin) |
| Filing 107 MEMORANDUM in Opposition to Defendants' Motions to Compel Arbitration filed by PoolTogether Inc.. (Broughel, Kevin) |
| Filing 106 AFFIDAVIT/DECLARATION in Support re #103 MOTION to Compel Arbitration, or Alternatively, to Dismiss Plaintiff's Second Amended Complaint, or Alternatively, to Strike Plaintiff's Class Allegations filed by PoolTogether Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Notice of Submission of Electronic Files with the Clerk) (Broughel, Kevin) |
| Filing 105 AFFIDAVIT/DECLARATION in Support re #103 MOTION to Compel Arbitration, or Alternatively, to Dismiss Plaintiff's Second Amended Complaint, or Alternatively, to Strike Plaintiff's Class Allegations filed by PoolTogether Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Broughel, Kevin) |
| Filing 104 MEMORANDUM in Support re #103 MOTION to Compel Arbitration, or Alternatively, to Dismiss Plaintiff's Second Amended Complaint, or Alternatively, to Strike Plaintiff's Class Allegations filed by PoolTogether Inc.. (Broughel, Kevin) |
| Filing 103 MOTION to Compel Arbitration, or Alternatively, to Dismiss Plaintiff's Second Amended Complaint, or Alternatively, to Strike Plaintiff's Class Allegations by PoolTogether Inc.. (Broughel, Kevin) |
| Filing 102 Fully Briefed MOTION to Dismiss for Failure to State a Claim and MOTION to Compel Arbitration by Leighton Cusack. (Attachments: #1 Memorandum in Support of Motion to Compel Arbitration or, in the Alternative, Motion to Dismiss, #2 Reply Memorandum in Support of Motion to Compel Arbitration or, in the Alternative, Motion to Dismiss) (Blackwell, Andrew) |
| Filing 101 Fully Briefed MOTION to Dismiss for Failure to State a Claim by Nascent Limited Partnership, Nascent US LLC. (Attachments: #1 Memorandum in Support of Motion to Dismiss, #2 Affirmation of Dan Elizter, #3 Affirmation of Teresa L. Huggins, #4 Reply Memorandum in Support of Motion to Dismiss) (Klein, Brian) |
| Filing 100 Fully Briefed MOTION to Dismiss for Failure to State a Claim by Galaxy Digital Trading HK Limited, ParaFi Capital LP, Stitchting Maven 11 Funds. (Attachments: #1 Memorandum in Support of Motion to Dismiss, #2 Plaintiff's Opposition to Motion to Dismiss, #3 Reply Memorandum in Support of Motion to Dismiss) (Hecker, Sean) |
| Filing 99 REPLY in Support re #97 MOTION to Dismiss the Second Amended Complaint, or, in the Alternative MOTION to Strike the Class Allegations filed by Dragonfly Digital Management, LLC. (Gottlieb, Jason) |
| Filing 98 MEMORANDUM in Support re #97 MOTION to Dismiss the Second Amended Complaint, or, in the Alternative MOTION to Strike the Class Allegations filed by Dragonfly Digital Management, LLC. (Gottlieb, Jason) |
| Filing 97 MOTION to Dismiss the Second Amended Complaint, or, in the Alternative, MOTION to Strike the Class Allegations by Dragonfly Digital Management, LLC. (Gottlieb, Jason) |
| Filing 96 REPLY in Support re #94 MOTION to Dismiss the Second Amended Complaint, or, in the Alternative MOTION to Strike the Class Allegations filed by Compound Labs Inc.. (Gottlieb, Jason) |
| Filing 95 MEMORANDUM in Support re #94 MOTION to Dismiss the Second Amended Complaint, or, in the Alternative MOTION to Strike the Class Allegations filed by Compound Labs Inc.. (Gottlieb, Jason) |
| Filing 94 MOTION to Dismiss the Second Amended Complaint, or, in the Alternative, MOTION to Strike the Class Allegations by Compound Labs Inc.. (Gottlieb, Jason) |
| Filing 93 Letter in regards briefing schedule on behalf of all parties by PoolTogether Inc. (Broughel, Kevin) |
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SCHEDULING ORDER: Defendant Pooltogether, Inc's letter application #93 with the consent of all the parties is GRANTED. The Court adopts the parties agreed upon modified briefing schedule. By June 17, 2022 the defendants shall file their fully briefed motions to dismiss. Counsel shall follow J. Block's motion rules, specifically section 2(D) when filing their motions. The Court does not require a courtesy copy of the motion papers. Ordered by Judge Frederic Block on 5/27/2022. (Innelli, Michael)
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| Filing 92 NOTICE of Appearance by Jamie Crooks on behalf of Joseph Kent (notification declined or already on case) (Crooks, Jamie) |
| Filing 91 First MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15568084. by Joseph Kent. (Attachments: #1 Affidavit Affidavit of Movant, #2 Appendix Certificate of Good Standing) (Crooks, Jamie) |
| ELECTRONIC ORDER granting #91 : Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee is submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Chief Magistrate Cheryl L. Pollak on 5/16/2022. (Nordstrom, Britta) |
| Filing 90 NOTICE of Change of Firm Address Once the filing has been made, you must login to www.pacer.gov and update your account. (Klein, Brian) |
| Filing 89 Letter re: service of motion to dismiss by Dharma Labs, Incorporated, Ozone Networks, Incorporated (Amato, John) |
| Filing 88 Letter re: Service of Motion to Compel Arbitration, or Alternatively, Motion to Dismiss the Second Amended Complaint by Leighton Cusack (Blackwell, Andrew) |
| Filing 87 Letter re: service of motion to dismiss by Galaxy Digital Trading HK Limited, ParaFi Capital LP, Stitchting Maven 11 Funds (Hecker, Sean) |
| Filing 86 Letter re: service of motions to dismiss and to strike the Second Amended Complaint by Nascent Limited Partnership, Nascent US LLC (Klein, Brian) |
| Filing 85 Letter re: service of PoolTogether Inc.'s Motion (1) to Compel Arbitration, or Alternatively, (2) to Dismiss Plaintiffs Second Amended Complaint, or Alternatively, (3) to Strike Plaintiffs Class Allegations by PoolTogether Inc. (Broughel, Kevin) |
| Filing 84 Letter re: service of motion to dismiss the Second Amended Complaint, or, in the alternative, to strike the Complaint's class allegations by Dragonfly Digital Management, LLC (Gottlieb, Jason) |
| Filing 83 Letter re: service of motion to dismiss the Second Amended Complaint, or, in the alternative, to strike the Complaint's class allegations by Compound Labs Inc. (Gottlieb, Jason) |
| Filing 82 NOTICE of Appearance by April D. Youpee-Roll on behalf of Dharma Labs, Incorporated, Ozone Networks, Incorporated (aty to be noticed) (Youpee-Roll, April) |
| PRO HAC VICE FILING FEE: re #81 Second MOTION to Appear Pro Hac Vice (April Youpee-Roll) Filing fee $ 150, receipt number ANYEDC-15442727. $ 150, receipt number ANYEDC-15453868 (Youpee-Roll, April) |
| ELECTRONIC ORDER granting #81 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee is submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Chief Magistrate Cheryl L. Pollak on 4/7/2022. (Nordstrom, Britta) |
| Filing 81 Second MOTION to Appear Pro Hac Vice (April Youpee-Roll) Filing fee $ 150, receipt number ANYEDC-15442727. by Dharma Labs, Incorporated, Ozone Networks, Incorporated. (Attachments: #1 Affidavit in Support of Motion to Admit April Youpee-Roll Pro Hac Vice) (Amato, John) |
| Filing 80 NOTICE of Appearance by Erin Joan Cox on behalf of Dharma Labs, Incorporated, Ozone Networks, Incorporated (aty to be noticed) (Cox, Erin) |
| ELECTRONIC ORDER denying without prejudice #79 Motion for Leave to Appear Pro Hac Vice. The motion for admission pro hac vice fails to comply with Local Civil Rule 1.3(c)(1), which requires that applicants to include a certificate of good standing that has been issued within thirty (30) days of the motion. The applicant may refile with supporting documentation. So Ordered by Chief Magistrate Cheryl L. Pollak on 4/5/2022. (Nordstrom, Britta) |
| Filing 79 MOTION to Appear Pro Hac Vice (April Youpee-Roll) Filing fee $ 150, receipt number ANYEDC-15439905. by Dharma Labs, Incorporated, Ozone Networks, Incorporated. (Attachments: #1 Affidavit in Support of Motion to Admit Brandon April Youpee-Roll Pro Hac Vice) (Amato, John) |
| ELECTRONIC ORDER granting #78 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee is submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Chief Magistrate Cheryl L. Pollak on 4/4/2022. (Nordstrom, Britta) |
| Filing 78 MOTION to Appear Pro Hac Vice (Erin Cox) Filing fee $ 150, receipt number ANYEDC-15431430. by Dharma Labs, Incorporated, Ozone Networks, Incorporated. (Attachments: #1 Affidavit in Support of Motion to Admit Erin Cox Pro Hac Vice) (Amato, John) |
| Filing 77 NOTICE of Appearance by Jonathan Hugh Blavin on behalf of Dharma Labs, Incorporated, Ozone Networks, Incorporated (aty to be noticed) (Blavin, Jonathan) |
| Filing 76 NOTICE of Appearance by Brandon Ross Teachout on behalf of Dharma Labs, Incorporated, Ozone Networks, Incorporated (aty to be noticed) (Teachout, Brandon) |
| ELECTRONIC ORDER granting #74 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee is submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Chief Magistrate Cheryl L. Pollak on 3/25/2022. (Nordstrom, Britta) |
| ELECTRONIC ORDER granting #75 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee is submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Chief Magistrate Cheryl L. Pollak on 3/25/2022. (Nordstrom, Britta) |
| Filing 75 MOTION to Appear Pro Hac Vice (Jonathan Blavin) Filing fee $ 150, receipt number ANYEDC-15407517. by Dharma Labs, Incorporated, Ozone Networks, Incorporated. (Attachments: #1 Affidavit in Support of Motion to Admit Jonathan Blavin Pro Hac Vice) (Amato, John) |
| Filing 74 MOTION to Appear Pro Hac Vice Brandon Teachout Filing fee $ 150, receipt number ANYEDC-15405894. by Dharma Labs, Incorporated, Ozone Networks, Incorporated. (Attachments: #1 Affidavit in Support of Motion to Admit Brandon Teachout Pro Hac Vice) (Amato, John) |
| Filing 73 NOTICE of Appearance by John P. Amato on behalf of Dharma Labs, Incorporated, Ozone Networks, Incorporated (aty to be noticed) (Amato, John) |
| Filing 72 WAIVER OF SERVICE Returned Executed by Joseph Kent. Nascent Limited Partnership waiver sent on 3/8/2022, answer due 6/6/2022. (Gerstein, Charles) |
| Filing 71 Summons Issued as to Nascent Limited Partnership. (Innelli, Michael) |
| Filing 70 Proposed Summons. by Joseph Kent (Gerstein, Charles) |
| Filing 69 WAIVER OF SERVICE Returned Executed by Joseph Kent. Stitchting Maven 11 Funds waiver sent on 3/2/2022, answer due 5/31/2022. (Gerstein, Charles) |
| Filing 68 SUMMONS Returned Executed by Joseph Kent. Dharma Labs, Incorporated served on 2/16/2022, answer due 3/9/2022. (Gerstein, Charles) |
| Filing 67 SUMMONS Returned Executed by Joseph Kent. Ozone Networks, Incorporated served on 2/16/2022, answer due 3/9/2022. (Gerstein, Charles) |
| Filing 66 Letter Regarding Briefing Schedule For Defendants' Motions Under Rule 12 by Joseph Kent (Gerstein, Charles) |
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SCHEDULING ORDER: Plaintiff's letter application #66 with the consent of all the defendants is GRANTED. The Court adopts the parties agreed upon briefing schedule. By June 3, 2022 defendants shall file their fully briefed motions to dismiss. Counsel shall follow J. Block's motion rules, specifically section 2(D) when filing their motions. The Court does not require a courtesy copy of the motion papers. The newly served defendant's need not file letter applications for a pre-motion conference and instead may adopt the already agreed upon briefing schedule should they decide to file motions to dismiss. Ordered by Judge Frederic Block on 2/16/2022. (Innelli, Michael)
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| Filing 65 Summons Issued as to Dharma Labs, Incorporated, Ozone Networks, Incorporated and Stitchting Maven 11 Funds. (Attachments: #1 Dharma Summons, #2 Stichting Summons) (Innelli, Michael) |
| Filing 64 Proposed Summons. by Joseph Kent (Attachments: #1 Proposed Summons, #2 Proposed Summons) (Gerstein, Charles) |
| Filing 63 AMENDED COMPLAINT Second against All Defendants, filed by Joseph Kent. (Gerstein, Charles) |
| Filing 62 Minute Entry for proceedings held before Judge Frederic Block: See attached for appearances, all present. Pre-motion conference held on 2/8/2022. All appearing defendants anticipated motions to dismiss were all discussed. The plaintiff will serve and file an amended complaint in 1 week. By February 22, 2022 counsel shall file a letter with their agreed upon briefing schedule. Counsel may modify their agreed upon briefing schedule without court approval. Counsel shall file a letter notifying the Court of their modified agreed upon briefing schedule. Counsel shall serve and file their fully briefed motion according to J. Blocks motion rules. The Court does not require a courtesy copy of the motion papers. (Court Reporter: Victoria Butler 718 613 2607) (Innelli, Michael) |
| Filing 61 Letter MOTION to Adjourn Conference filed on behalf of defendants PoolTogether, Inc., Leighton Cusack, Nascent US, LLC, Galaxy Digital Trading HK Limited, Maven 11 Capital BV, ParaFi Capital LP, Dragonfly Digital Management, LLC, and Compound Labs, Inc. by PoolTogether Inc.. (Broughel, Kevin) |
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ELECTRONIC ORDER: Defendant's Pooltogether, Inc., Leighton Cusack, Nascent US LLC, Galaxy Digital Trading HK Limited,Maven 11 Capital BV, ParaFi Capital LP, Dragonfly Capital LLC, and Compound Labs, Inc.'s letter application #61 is DENIED. The in person promotion conference scheduled for February 8, 2022 @ 4:00 pm will go forward as scheduled. Counsel can discuss all their concerns at the conference, including plaintiff's application to serve and file a second amended complaint. Ordered by Judge Frederic Block on 1/28/2022. (Innelli, Michael)
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| Filing 60 Letter Regarding Anticipated Motion For Leave to Supplement Complaint by Joseph Kent (Gerstein, Charles) |
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Filing 59
ORDER: Granting Behnam Dayanim's motion #58 for leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov.. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Judge Frederic Block on 1/24/2022. (Innelli, Michael)
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| Filing 58 MOTION to Appear Pro Hac Vice of Behnam Dayanim Filing fee $ 150, receipt number ANYEDC-15221218. by PoolTogether Inc.. (Attachments: #1 Affidavit of Behnam Dayanim in Support of Motion to Admit Counsel Pro Hac Vice, #2 Certificate of Good Standing - DC Bar, #3 Certificate of Good Standing - MD Court of Appeals, #4 Proposed Order) (Dayanim, Behnam) |
| Filing 57 Letter MOTION for pre motion conference regarding Maven 11's request to join Galaxy and ParaFi's pre-motion letter and participate in forthcoming conference by Galaxy Digital Trading HK Limited, Maven 11 Capital BV, ParaFi Capital LP. (Hecker, Sean) |
| Filing 56 Corporate Disclosure Statement by Maven 11 Capital BV identifying Other Affiliate TIJRO Investments BV, Other Affiliate RP Bomans BV for Maven 11 Capital BV. (Horton, Justin) |
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SCHEDULING ORDER: The in person pre-motion conference scheduled for February 8, 2022 will take place at 4:00 PM, instead of 2:30 PM, due to a conflict with the Court's calendar. Upon receipt of this email counsel shall confirm with each other the new time for this in person pre-motion conference scheduled on February 8, 2022. Ordered by Judge Frederic Block on 1/18/2022. (Innelli, Michael)
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ELECTRONIC ORDER: Defendant Maven 11 Capital BV's letter application #57 is GRANTED. Defendant Maven 11 Capital BV's letter application will be discussed at the in person pre-motion conference scheduled on February 8, 2022 @ 4:00 PM. Upon receipt of this email counsel shall confirm with each other the date and time of this in person pre-motion conference. Ordered by Judge Frederic Block on 1/18/2022. (Innelli, Michael)
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| Filing 55 WAIVER OF SERVICE Returned Executed by Joseph Kent. Maven 11 Capital BV waiver sent on 1/13/2022, answer due 4/13/2022. (Attachments: #1 Appendix Letter Regarding Deadline to Answer) (Gerstein, Charles) |
| Filing 54 NOTICE of Appearance by Justin Horton on behalf of Maven 11 Capital BV (aty to be noticed) (Horton, Justin) |
| Filing 53 NOTICE of Appearance by Jenna Minicucci Dabbs on behalf of Maven 11 Capital BV (aty to be noticed) (Dabbs, Jenna) |
| Filing 52 NOTICE of Appearance by Sean Hecker on behalf of Maven 11 Capital BV (aty to be noticed) (Hecker, Sean) |
| ELECTRONIC ORDER: In light of the pre-motion conference set for 2/8/2022, the initial conference set for 1/25/2022 is adjourned sine die. So Ordered by Chief Magistrate Cheryl L. Pollak on 1/5/2022. (Nordstrom, Britta) |
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Filing 51
ELECTRONIC ORDER: Defendant PoolTogether Inc.'s letter application #31 dated 12/16/20; defendant Compound Labs, Inc's letter application #35 dated 12/16/21; defendant Dragonfly Digital Management LLC's letter application #36 dated 12/16/21; defendant Leighton Cusack's letter application #39 dated 12/16/21; defendant Nascent US LLC's letter application #42 dated 12/16/21; and defendant Galaxy Digital Trading HK Limited and ParaFi Capital LP's letter application #44 dated 12/16/21 are all GRANTED. An in person pre motion conference is scheduled for February 8, 2022 @ 2:30 PM. The Court expects the parties to be conversant with the underlying facts and prepared to discuss the legal issues arising therefrom. The parties are reminded that they are obligated to discuss the prospect of settlement and may be required to provide the Court with a report of such discussions . If this date presents a conflict counsel shall first obtain the consent from all the parties to adjourn this in person pre-motion conference and then file a letter application. Upon receipt of this email counsel shall confirm with each other of the date and time of this in person pre-motion conference. Ordered by Judge Frederic Block on 1/4/2022. (Innelli, Michael)
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| Set/Reset Hearings: In Person Pre-Motion Conference set for 2/8/2022 02:30 PM before Judge Frederic Block. (Innelli, Michael) |
| Filing 50 NOTICE of Appearance by Andrew Mark Legolvan on behalf of PoolTogether Inc. (notification declined or already on case) (Legolvan, Andrew) |
| ELECTRONIC ORDER granting #48 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee is submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Chief Magistrate Cheryl L. Pollak on 12/27/2021. (Nordstrom, Britta) |
| Filing 49 MEMORANDUM in Opposition re #42 Letter MOTION for pre motion conference regarding Nascent US LLC's proposed motion to dismiss the Amended Complaint, #35 Letter MOTION for pre motion conference regarding Compound Labs' proposed motion to dismiss the Amended Complaint, #44 Letter MOTION for pre motion conference regarding Galaxy and ParaFi's anticipated motion to dismiss the Amended Complaint, #39 Letter MOTION for pre motion conference , #31 Letter MOTION for pre motion conference , #36 Letter MOTION for pre motion conference regarding Dragonfly's proposed motion to dismiss the Amended Complaint filed by All Plaintiffs. (Harrow, Jason) |
| Filing 48 MOTION to Appear Pro Hac Vice of Andy LeGolvan Filing fee $ 150, receipt number ANYEDC-15138596. by PoolTogether Inc.. (Attachments: #1 Affidavit of A. LeGolvan in Support of Motion to Admit Counsel Pro Hac Vice, #2 Certificates of Good Standing, #3 Proposed Order) (Legolvan, Andrew) |
| Filing 47 Corporate Disclosure Statement by ParaFi Capital LP (Hecker, Sean) |
| Filing 46 Corporate Disclosure Statement by Galaxy Digital Trading HK Limited identifying Corporate Parent Galaxy Digital UK Limited for Galaxy Digital Trading HK Limited. (Hecker, Sean) |
| Filing 45 Corporate Disclosure Statement by PoolTogether Inc. (Broughel, Kevin) |
| Filing 44 Letter MOTION for pre motion conference regarding Galaxy and ParaFi's anticipated motion to dismiss the Amended Complaint by Galaxy Digital Trading HK Limited, ParaFi Capital LP. (Hecker, Sean) |
| Filing 43 NOTICE of Appearance by Teresa Huggins on behalf of Nascent US LLC (aty to be noticed) (Huggins, Teresa) |
| Filing 42 Letter MOTION for pre motion conference regarding Nascent US LLC's proposed motion to dismiss the Amended Complaint by Nascent US LLC. (Klein, Brian) |
| Filing 41 Corporate Disclosure Statement by Nascent US LLC (Klein, Brian) |
| Filing 40 NOTICE of Appearance by Brian Edward Klein on behalf of Nascent US LLC (aty to be noticed) (Klein, Brian) |
| Filing 39 Letter MOTION for pre motion conference by Leighton Cusack. (Blackwell, Andrew) |
| Filing 38 NOTICE of Appearance by Justin Horton on behalf of Galaxy Digital Trading HK Limited, ParaFi Capital LP (aty to be noticed) (Horton, Justin) |
| Filing 37 NOTICE of Appearance by Jenna Minicucci Dabbs on behalf of Galaxy Digital Trading HK Limited, ParaFi Capital LP (aty to be noticed) (Dabbs, Jenna) |
| Filing 36 Letter MOTION for pre motion conference regarding Dragonfly's proposed motion to dismiss the Amended Complaint by Dragonfly Digital Management, LLC. (Gottlieb, Jason) |
| Filing 35 Letter MOTION for pre motion conference regarding Compound Labs' proposed motion to dismiss the Amended Complaint by Compound Labs Inc.. (Gottlieb, Jason) |
| Filing 34 NOTICE of Appearance by Sean Hecker on behalf of Galaxy Digital Trading HK Limited, ParaFi Capital LP (aty to be noticed) (Hecker, Sean) |
| Filing 33 Corporate Disclosure Statement by Dragonfly Digital Management, LLC (Gottlieb, Jason) |
| Filing 32 Corporate Disclosure Statement by Compound Labs Inc. (Gottlieb, Jason) |
| Filing 31 Letter MOTION for pre motion conference by PoolTogether Inc.. (Broughel, Kevin) |
| ELECTRONIC ORDER granting #23 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee is submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Chief Magistrate Cheryl L. Pollak on 12/16/2021. (Nordstrom, Britta) |
| ELECTRONIC ORDER granting #25 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee is submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Chief Magistrate Cheryl L. Pollak on 12/16/2021. (Nordstrom, Britta) |
| Filing 30 Letter MOTION for Extension of Time to File Answer re #18 Amended Complaint by Dragonfly Digital Management, LLC. (Gottlieb, Jason) |
| Filing 29 NOTICE of Appearance by Jason Philip Gottlieb on behalf of Dragonfly Digital Management, LLC (aty to be noticed) (Gottlieb, Jason) |
| Filing 28 NOTICE of Appearance by Alexandra Wan Wang on behalf of Dragonfly Digital Management, LLC (aty to be noticed) (Wang, Alexandra) |
| Filing 27 NOTICE of Appearance by Michael Mix on behalf of Dragonfly Digital Management, LLC (aty to be noticed) (Mix, Michael) |
| Filing 26 NOTICE of Appearance by Andrew Blackwell on behalf of Leighton Cusack (notification declined or already on case) (Blackwell, Andrew) |
| Filing 25 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15119293. by Leighton Cusack. (Attachments: #1 Affidavit Affidavit in Support of Motion to Admit Counsel Pro Hac Vice) (Blackwell, Andrew) |
| Filing 24 NOTICE of Appearance by Sanford Boxerman on behalf of Leighton Cusack (notification declined or already on case) (Boxerman, Sanford) |
| Filing 23 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15118469. by Leighton Cusack. (Attachments: #1 Affidavit in Support Affidavit in Support of Motion to Admit Counsel Pro Hac Vice) (Boxerman, Sanford) |
| ELECTRONIC ORDER granting #30 Motion for Extension of Time to Answer - answer due 12/16/2021. So Ordered by Chief Magistrate Cheryl L. Pollak on 12/15/2021. (Caggiano, Diana) |
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Filing 22
SCHEDULING ORDER: An Initial Conference set for 1/25/2022 @ 3:15 PM before Chief Magistrate Cheryl L. Pollak. Initial conference will proceed via AT&T conference call. Please dial 877-336-1839 at 3:15 PM. Enter Access code: 380-1746 and security code: 21-6025. So Ordered by Chief Magistrate Cheryl L. Pollak on 12/6/2021. (Caggiano, Diana)
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| Filing 21 WAIVER OF SERVICE Returned Executed by Joseph Kent. Galaxy Digital Trading HK Limited waiver sent on 12/2/2021, answer due 3/2/2022. (Attachments: #1 Supplement Addendum to Waiver of Service) (Gerstein, Charles) |
| Filing 20 Summons Issued as to defendant Galaxy Digital Capital Management LP. as to the amended complaint. (Innelli, Michael) |
| Filing 19 Proposed Summons. by Joseph Kent (Gerstein, Charles) |
| Filing 18 AMENDED COMPLAINT against All Defendants, filed by Joseph Kent. (Gerstein, Charles) |
| Filing 17 Letter MOTION for Extension of Time to File Answer re #1 Complaint, filed on behalf of defendants PoolTogether, Inc., Leighton Cusak, Nascent US, LLC, Galaxy Digital Capital Management LP, ParaFi Capital LP and Compound Labs, Inc. by PoolTogether Inc.. (Broughel, Kevin) |
| ELECTRONIC ORDER granting #17 nunc pro tunc: Defendants PoolTogether, Inc., Leighton Cusak, Nascent US, LLC, Galaxy Digital Capital Management LP, ParaFi Capital LP and Compound Labs, Inc. have until December 16, 2021 to answer, move, or otherwise respond to the complaint. So Ordered by Chief Magistrate Cheryl L. Pollak on 11/24/2021. (Nordstrom, Britta) |
| Filing 16 NOTICE of Appearance by Alexandra Wan Wang on behalf of Compound Labs Inc. (aty to be noticed) (Wang, Alexandra) |
| Filing 15 NOTICE of Appearance by Michael Mix on behalf of Compound Labs Inc. (aty to be noticed) (Mix, Michael) |
| Filing 14 NOTICE of Appearance by Jason Philip Gottlieb on behalf of Compound Labs Inc. (aty to be noticed) (Gottlieb, Jason) |
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ELECTRONIC ORDER: Defendant's PoolTogether, Inc., Leighton Cusak, Nascent US, LLC, Galaxy Digital Capital Management LP, ParaFi Capital LP and Compound Labs, Inc. letter application #13 for an extension of time to serve and file an answer is DENIED without prejudice to re-file their application addressed to MJ Pollak who will be handling all pre-trial matters in this litigation. Ordered by Judge Frederic Block on 11/23/2021. (Innelli, Michael)
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| Filing 13 Letter MOTION for Extension of Time to File Answer re #1 Complaint, filed on behalf of PoolTogether, Inc., Leighton Cusak, Nascent US, LLC, Galaxy Digital Capital Management LP, ParaFi Capital LP and Compound Labs, Inc. by PoolTogether Inc.. (Broughel, Kevin) |
| Filing 12 NOTICE of Appearance by Kevin Paul Broughel on behalf of PoolTogether Inc. (aty to be noticed) (Broughel, Kevin) |
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ORDER granting #11 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Chief Magistrate Cheryl L. Pollak on 11/15/2021. (Nordstrom, Britta)
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| Filing 11 MOTION to Appear Pro Hac Vice of Jason Harrow Filing fee $ 150, receipt number ANYEDC-15025038. by Joseph Kent. (Attachments: #1 Affidavit Jason Harrow, #2 Exhibit California Certificate, #3 Exhibit New York Certificate) (Harrow, Jason) |
| Filing 10 SUMMONS Returned Executed by Joseph Kent. Dragonfly Capital LLC served on 11/3/2021, answer due 11/24/2021. (Gerstein, Charles) |
| Filing 9 SUMMONS Returned Executed by Joseph Kent. ParaFi Capital LP served on 11/1/2021, answer due 11/22/2021. (Gerstein, Charles) |
| Filing 8 SUMMONS Returned Executed by Joseph Kent. Nascent US LLC served on 11/1/2021, answer due 11/22/2021. (Gerstein, Charles) |
| Filing 7 SUMMONS Returned Executed by Joseph Kent. Galaxy Digital Capital Management LP served on 11/1/2021, answer due 11/22/2021. (Gerstein, Charles) |
| Filing 6 SUMMONS Returned Executed by Joseph Kent. Compound Labs Inc. served on 11/1/2021, answer due 11/22/2021. (Gerstein, Charles) |
| Filing 5 SUMMONS Returned Executed by Joseph Kent. PoolTogether Inc. served on 11/1/2021, answer due 11/22/2021. (Gerstein, Charles) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Neptune, Pierre) |
| Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Neptune, Pierre) |
| Filing 2 Summons Issued as to All Defendants. (Neptune, Pierre) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-14981850 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Joseph Kent. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons and Additional Rider) (Gerstein, Charles) |
| Case Assigned to Judge Frederic Block and Chief Magistrate Cheryl L. Pollak. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Neptune, Pierre) |
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