Serenity Alpha, LLC et al v. Northway Mining, LLC et al
| Serenity Alpha, LLC, MinedMap, Inc. and 9384-2557 Quebec Inc. |
| Dror Svorai, Northway Mining, LLC, Hudson Data Center, Inc., CSX4236 Motorcycle Salvage, LLC, Michael Maranda and Mining Power Group, Inc. |
| 1:2019cv00501 |
| April 26, 2019 |
| US District Court for the Northern District of New York |
| Albany Office |
| Christian F Hummel |
| Thomas J McAvoy |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1961 Racketeering (RICO) Act |
| None |
Docket Report
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This docket was last retrieved on May 13, 2021. A more recent docket listing may be available from PACER.
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Filing 22
AMENDED WRIT OF REPLEVIN issued. (Attachments: #1 Spreadsheet, #2 April 29, 2019 Decision and Order) (rep)
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Filing 21
NOTICE by MinedMap, Inc. Written Undertaking (Williams, Edward)
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Filing 20
WRIT OF REPLEVIN issued. (Attachments: #1 Spreadsheet, #2 April 29, 2019 Decision and Order) (rep)
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Filing 19
DECISION AND ORDER: GRANTING the #16 Motion to Adopt and #7 Emergency Motion for Replevin. It is hereby ORDERED that: A. The Clerk of this Court shall issue a writ of possession as provided in New York CPLR 7102, pursuant to Federal Rule of Civil Procedure 64, directing the Marshal to seize the property described in the spreadsheet attached as an exhibit to the Affidavit of Allen song in support of the motion for a writ of replevin, dkt. # [9-2] (the "Property"), and retain custody of it as provided by CPLR 7102; B. The writ shall issue immediately. Within five days of the entry of this order, Plaintiffs shall file a written undertaking as required by NY CPLR 7102(e) in the amount of $1,800,000.00; C. The Clerk of this Court shall attach a copy of this order to the writ; D. The Marshal may enter the following private place to take possession of the Property or some part thereof located at the following private place: the premises at 2 Flint Mine Road Coxsackie, New York 12051, which include unmarked garages and a building and office. The Marshal may break in or use force to enter the premises at 2 Flint Mine Road Coxsackie, New York 12051 if Defendants do not allow entry. In addition, representatives of Plaintiffs may accompany the Marshal to identify the bitcoin machines listed in the spreadsheet; E. Defendants shall transfer possession of the Property described herein to the Plaintiffs;F. Plaintiffs shall move for an order confirming the order of seizure on notice to Defendants and the Marshal within five days of the seizure of the Property under this order. If Plaintiffs fail to move for such an order within five days of the seizure of the Property, then this order shall have no further effect and may be vacated upon the motion of Defendants; and G. Plaintiffs shall pay to the United States Marshals Service all fees and expenses required under 28 U.S.C. 1921 in connection with this order. NOTICE TO DEFENDANTS: Failure to comply with any order of the Court to turnover possession of such Property to Plaintiffs may subject you to being held in contempt of court. IT IS ORDERED.Signed by Senior Judge Thomas J. McAvoy on April 29, 2019. (rep)
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Filing 18
Memorandum of Law In support of the #16 Emergency Motion to Adopt and Re-Issue April 22, 2019 Order filed by MinedMap, Inc.. Motions referred to Christian F. Hummel. (Williams, Edward) Modified on 4/29/2019 - to clarify docket text that this is not a motion (rep).
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Filing 17
G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Conference set for 7/25/2019 at 09:30 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 7/18/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (amt)
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Filing 16
NOTICE of Motion by MinedMap, Inc. Notice of Emergency Motion to Adopt and Re-issue April 22, 2019 Order (Williams, Edward) Modified on 4/26/2019 (amt).
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Filing 15
NOTICE of Appearance by Edward Williams on behalf of All Plaintiffs (Williams, Edward)
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Filing 14
Case transferred in from District of New York Eastern; Case Number 1:19-cv-01994. electronically transferred when case opened
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Case transferred to District of Northern District of New York. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. ( Ordered by Judge Brian M. Cogan on 4/25/2019 ) (Guzzi, Roseann) [Transferred from New York Eastern on 4/26/2019.]
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Filing 13
NOTICE by MinedMap, Inc. Notice of Emergency Motion for Change of Venue (Williams, Edward) [Transferred from New York Eastern on 4/26/2019.]
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ORDER granting #13 emergency motion for change of venue (which should have been docketed as a "motion" on ECF, not a "notice"). Plaintiff brought this case in the wrong venue, perhaps not wrong as a technical matter, but in a venue that is useless to it because the assets on which it seeks a prejudgment Order of Seizure are in the Northern District of New York, not this district, and thus they cannot be seized by the U.S. Marshal for the Eastern District of New York. Under these unusual circumstances, and because plaintiff has produced some evidence showing that the assets may be rapidly wasting, the Court grants the motion to transfer to the NDNY as being in the interest of justice under 28 U.S.C. 1404(a). The 7-day waiting period under the Local Rules is waived, but even with that, it may have been faster for plaintiff to take a voluntary dismissal of this action and simply recommence it in NDNY. However, since plaintiff opted to proceed in this manner, the Court grants the motion. Ordered by Judge Brian M. Cogan on 4/25/2019. (Weisberg, Peggy) [Transferred from New York Eastern on 4/26/2019.]
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ORDER. The Court's 4/22/2019 Order and the 4/23/2019 writ of replevin are VACATED because the Court does not have jurisdiction to send a marshal to seize property outside of the Eastern District of New York. Ordered by Judge Brian M. Cogan on 4/24/2019. (Weisberg, Peggy) [Transferred from New York Eastern on 4/26/2019.]
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Filing 11
ORDER for issuance of Writ of Replevin. ( Ordered by Judge Brian M. Cogan on 4/22/2019 ) (Guzzi, Roseann) [Transferred from New York Eastern on 4/26/2019.]
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Filing 10
MEMORANDUM in Support re #7 Notice(Other) filed by MinedMap, Inc.. (Attachments: #1 Exhibit Exhibit C: Hosting Agreement, #2 Affidavit in Support Exhibit D: Affidavit of Ryan Lehmann in Support of Emergency Motion for Replevin, #3 Proposed Order) (Williams, Edward) [Transferred from New York Eastern on 4/26/2019.]
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Filing 9
AFFIDAVIT/AFFIRMATION of Allen Song by MinedMap, Inc. (Attachments: #1 Shipping Records, #2 List of Bitcoin Machines with Serial Numbers) (Williams, Edward) [Transferred from New York Eastern on 4/26/2019.]
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Filing 8
Letter to The Honorable I. Leo Glasser by MinedMap, Inc. (Williams, Edward) [Transferred from New York Eastern on 4/26/2019.]
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ORDER REASSIGNING CASE. Case reassigned to Judge Nicholas G. Garaufis for all further proceedings. Judge I. Leo Glasser no longer assigned to case 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.Ordered by Chief Judge Dora Lizette Irizarry on 4/18/2019. (Davis, Kimberly) [Transferred from New York Eastern on 4/26/2019.]
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ORDER REASSIGNING CASE. Case reassigned to Judge Brian M. Cogan for all further proceedings. Judge Nicholas G. Garaufis no longer assigned to case 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.Ordered by Chief Judge Dora Lizette Irizarry on 4/18/2019. (Davis, Kimberly) [Transferred from New York Eastern on 4/26/2019.]
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Filing 7
NOTICE by MinedMap, Inc. of Emergency Motion for Replevin (Williams, Edward) [Transferred from New York Eastern on 4/26/2019.]
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Filing 6
Summons Issued as to CSX4236 Motorcycle Salvage, LLC, Dror Svorai, Hudson Data Center, Inc., Michael Maranda, Mining Power Group, Inc., Northway Mining, LLC. (Davis, Kimberly) [Transferred from New York Eastern on 4/26/2019.]
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Filing 5
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) [Transferred from New York Eastern on 4/26/2019.]
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Filing 4
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. (Davis, Kimberly) [Transferred from New York Eastern on 4/26/2019.]
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Filing 3
Proposed Summons. by MinedMap, Inc. (Williams, Edward) [Transferred from New York Eastern on 4/26/2019.]
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Filing 2
COMPLAINT against All Defendants filing fee $ 400, receipt number BNYEDC-11383959 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by MinedMap, Inc.. (Williams, Edward) [Transferred from New York Eastern on 4/26/2019.]
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NOTICE : Plaintiff Counsel is directed to file the Complaint, Proposed Summon, a COMPLETED (2 Page Form) Civil Cover Sheet, and pay Civil Filing for the following case so that it may be processed (Davis, Kimberly) [Transferred from New York Eastern on 4/26/2019.]
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Case Assigned to Judge I. Leo Glasser and Magistrate Judge Robert M. Levy. 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. (Davis, Kimberly) [Transferred from New York Eastern on 4/26/2019.]
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Filing 1
Civil Cover Sheet.. by MinedMap, Inc. (Williams, Edward) (Main Document 1 replaced on 4/15/2019) (Davis, Kimberly). (Main Document 1 replaced on 4/15/2019) (Davis, Kimberly). [Transferred from New York Eastern on 4/26/2019.]
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