Bitvestment Partners LLC v. Coinlab, Inc. et al
| Bitvestment Partners LLC |
| Alydian Inc., John Doe, CLI Holdings, Inc., Peter Vessenes and Coinlab, Inc. |
| 1:2013cv07632 |
| October 29, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Robert W Sweet |
| Contract: Other |
| 28 U.S.C. § 1332 ac |
| None |
Docket Report
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| Terminate Transcript Deadlines (ama) |
Filing 40
STIPULATION OF DISMISSAL: It is hereby STIPULATED and AGREED by and among the parties, and through their respective undersigned counsel, that any and all claims asserted by and between plaintiff Bitvestment Partners LLC and defendants Coinlab, Inc., CLI Holdings, Inc., Alydian Inc., and Peter Vessenes in the above-captioned matter be and hereby are DISMISSED WITH PREJUDICE and WITHOUT COSTS against any party. SO ORDERED. (Signed by Judge Robert W. Sweet on 1/27/2014) (ama)
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| Filing 39 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) All Parties and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Bitvestment Partners LLC.(Kiwak, Danielle) |
| Filing 38 DECLARATION of Bryan Reyhani in Support re: #2 Order to Show Cause,,,,,,,,,,,. Document filed by Bitvestment Partners LLC. (Kiwak, Danielle) |
| Filing 37 SUPPLEMENTAL BRIEF re: #2 Order to Show Cause,,,,,,,,,,,. Document filed by Coinlab, Inc., Peter Vessenes.(Townsend, Roger) |
| Filing 36 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Coinlab, Inc., Peter Vessenes.(Townsend, Roger) |
| Filing 35 DECLARATION of Daniel H Gallancy in Support re: #32 Memorandum of Law in Support, #33 Proposed Findings of Fact. Document filed by Bitvestment Partners LLC. (Kiwak, Danielle) |
| Filing 34 DECLARATION of Bryan I Reyhani in Support re: #32 Memorandum of Law in Support, #33 Proposed Findings of Fact. Document filed by Bitvestment Partners LLC. (Kiwak, Danielle) |
| Filing 33 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Bitvestment Partners LLC.(Kiwak, Danielle) |
| Filing 32 THIRD MEMORANDUM OF LAW in Support re: #2 Order to Show Cause,,,,,,,,,,,. Document filed by Bitvestment Partners LLC. (Kiwak, Danielle) |
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Filing 31
STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Robert W. Sweet on 12/24/2013) (tro)
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| Filing 30 ANSWER to #1 Complaint. Document filed by Coinlab, Inc., Peter Vessenes.(Townsend, Roger) |
| Filing 29 NOTICE OF APPEARANCE by Seth D. Ard on behalf of Coinlab, Inc., Peter Vessenes. (Ard, Seth) |
| Filing 28 NOTICE OF CHANGE OF ADDRESS by Roger Townsend on behalf of Coinlab, Inc., Peter Vessenes. New Address: Breskin Johnson & Townsend PLLC, 1000 Second Avenue, Suite 3670, Seattle, WA, USA 98104, 206-652-8660. (Townsend, Roger) |
| Filing 27 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 11/21/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari) |
| Filing 26 TRANSCRIPT of Proceedings re: HEARING held on 11/21/2013 before Judge Robert W. Sweet. Court Reporter/Transcriber: Bridget Lombardozzi, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/30/2013. Redacted Transcript Deadline set for 1/9/2014. Release of Transcript Restriction set for 3/10/2014.(Rodriguez, Somari) |
| Filing 25 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 11/20/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari) |
| Filing 24 TRANSCRIPT of Proceedings re: HEARING held on 11/20/2013 before Judge Robert W. Sweet. Court Reporter/Transcriber: Bridget Lombardozzi, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/30/2013. Redacted Transcript Deadline set for 1/9/2014. Release of Transcript Restriction set for 3/10/2014.(Rodriguez, Somari) |
| Filing 23 NOTICE OF CHANGE OF ADDRESS by Danielle Janine Kiwak, MS on behalf of Bitvestment Partners LLC. New Address: Reyhani Nemirovsky LLP, 200 Park Ave., 17th FL, NY, NY, USA 10166, (212) 897-4030. (Kiwak, Danielle) |
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Filing 22
ORDER FOR ADMISSION PRO HAC VICE: granting #11 Motion for ROGER M TOWNSEND to Appear Pro Hac Vice. (Signed by Judge Robert W. Sweet on 12/4/2013) (js)
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Filing 21
STIPULATION: On November 20 and 21, 2013, the Court heard live testimony and argument regarding Plaintiff's Motion for a Preliminary Injunction. The Court ordered the parties to return for final argument on January 16, 2014 at 10:00 a.m., on Plaintiff's Motion for Preliminary Injunction. On November 21, 2013, the Court entered an order Temporary Restraining Order providing that CoinLab, Inc. shall hold and retain not less than 7,984.006735 Bitcoins. The parties hereto have agreed to a schedule concerning the submission of supplemental papers to the Court in connection with Plaintiff's Motion for Preliminary Injunction. NOW, THEREFORE, the parties stipulate to the following: Plaintiff and Defendants CoinLab, Inc. and Peter Vessenes shall file Proposed Findings of Fact and Conclusions of Law in connection with the Preliminary Injunction final argument scheduled for January 16, 2014, and any accompanying brief to be no greater than 12 pages in length, shall be filed via ECF by not later than 5 p.m. on January 9, 2014; and CoinLab, Inc. shall continue to hold and retain 7,984.006735 Bitcoins in accordance with the November 21, 2013 Temporary Restraining Order until such time as the Court makes a determination regarding Plaintiff's Motion for a Preliminary Injunction. (Oral Argument set for 1/16/2014 at 10:00 AM before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 12/3/2013) (ja)
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| Filing 20 DEMAND for Trial by Jury. Document filed by Coinlab, Inc., Peter Vessenes(Townsend, Roger) |
| Filing 19 NOTICE OF APPEARANCE by Roger Townsend on behalf of Coinlab, Inc., Peter Vessenes. (Townsend, Roger) |
| Minute Entry for proceedings held before Judge Robert W. Sweet: Show Cause Hearing held on 11/20/2013.(Day #1: 2.5 hours). Hearing was continued on 11/21/13.(Day #2: 1 hour). Court Reporter, Brigette Lombardozzi, was present. ( Oral Argument set for 1/16/2014 at 10:00 AM before Judge Robert W. Sweet.). (sc) Modified on 12/5/2013 (sc). |
| Filing 18 REPLY AFFIDAVIT of Daniel Gallancy in Support re: #12 CROSS MOTION to Stay.. Document filed by Bitvestment Partners LLC. (Attachments: #1 Exhibit Gallancy PI Affidavit Exhibits)(Reyhani, Bryan) |
| Filing 17 FINAL REPLY MEMORANDUM OF LAW in Support re: #12 CROSS MOTION to Stay.. Document filed by Bitvestment Partners LLC. (Reyhani, Bryan) |
| Filing 16 EMERGENCY LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Bryan Reyhani dated 11.15.2013 re: Discovery Conference. Document filed by Bitvestment Partners LLC.(Reyhani, Bryan) |
| Filing 15 DECLARATION of PETER VESSENES in Support re: #12 CROSS MOTION to Stay.. Document filed by Alydian Inc., CLI Holdings, Inc., Coinlab, Inc., Peter Vessenes. (Santori, Marco) |
| Filing 14 DECLARATION of HANS OLSEN in Support re: #12 CROSS MOTION to Stay.. Document filed by Alydian Inc., CLI Holdings, Inc., Coinlab, Inc., Peter Vessenes. (Santori, Marco) |
| Filing 13 MEMORANDUM OF LAW in Support re: #12 CROSS MOTION to Stay.. Document filed by Alydian Inc., CLI Holdings, Inc., Coinlab, Inc., Peter Vessenes. (Santori, Marco) |
| Filing 12 CROSS MOTION to Stay. Document filed by Alydian Inc., CLI Holdings, Inc., Coinlab, Inc., Peter Vessenes. Return Date set for 11/20/2013 at 10:00 AM.(Santori, Marco) |
| Filing 11 MOTION for ROGER M TOWNSEND to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Alydian Inc., CLI Holdings, Inc., Coinlab, Inc., Peter Vessenes. (Attachments: #1 Exhibit, #2 Exhibit PROPOSED ORDER)(Santori, Marco) |
| Filing 10 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for ROGER M TOWNSEND to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Alydian Inc., CLI Holdings, Inc., Coinlab, Inc., Peter Vessenes. (Attachments: #1 Exhibit)(Santori, Marco) Modified on 11/14/2013 (wb). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #10 MOTION for ROGER M TOWNSEND to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Missing Proposed Order. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a Proposed Order. (wb) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #11 MOTION for ROGER M TOWNSEND to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
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Filing 9
ENDORSED LETTER addressed to Judge Robert W. Sweet, from Bryan I. Reyhani, dated 11/5/2013, re: In furtherance of this morning's TRO hearing.... Plaintiff requests that the Court not require the posting of a bond in this matter because of the reasons set forth in this letter. ENDORSEMENT: No opposition to this letter motion having been received, the application is granted and the requirement to post a bond is vacated. So ordered. (Signed by Judge Robert W. Sweet on 11/12/2013) (ja) Modified on 11/14/2013 (ja).
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| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #8 MOTION for ROGER M TOWNSEND to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9065743. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Missing Certificate of Good Standing. Certificate of Good Standing Must be issued from the Supreme Court of Washington with a Clerk of Court Signature. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing, issued within the past 30 days. (wb) |
| Filing 8 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for ROGER M TOWNSEND to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9065743. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Alydian Inc., CLI Holdings, Inc., Coinlab, Inc., Peter Vessenes. (Attachments: #1 Exhibit, #2 ORDER)(Miltenberg, Andrew) Modified on 11/12/2013 (wb). |
| Filing 7 TRO BOND # CGB9112687 in the amount of $ 25,000.00 posted by Bitvestment Partners LLC. (jno) |
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Filing 6
TEMPORARY RESTRAINING ORDER: For the reasons set forth herein, it is hereby ORDERED as follows: Defendant CoinLab shall utilize best efforts to begin to mine and deliver bitcoins to Bitvestment pursuant to the terms of the Amended and Restated Bitcoin Services Agreement dated August 14, 2013 ("Amended Agreement"); Plaintiff shall receive and shall be placed first in line to receive any and all Bitcoins mined by defendant CoinLab other than those utilized by defendant CoinLab for business operating expenses and capital expenditures incurred in the ordinary course of business; Defendant CoinLab is prohibited from transferring bitcoins between and/or among itself and any and all affiliates, Directors, Officers, Members of the Board of Directors and employees, other than for business operating expenses and capital expenditures incurred in the ordinary course of business; The Plaintiff will post a bond in the amount of $25,000 by 5 P.M. November 6, 2013. (Signed by Judge Robert W. Sweet on 11/5/2013) (ja)
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| Minute Entry for proceedings held before Judge Robert W. Sweet: Status Conference held on 11/5/2013. (Chan, Tsz) |
| Filing 5 SUGGESTION OF BANKRUPTCY upon the record. Document filed by Alydian Inc., CLI Holdings, Inc., Coinlab, Inc., Peter Vessenes(Miltenberg, Andrew) |
| Filing 4 NOTICE OF APPEARANCE by Danielle Janine Kiwak, MS on behalf of Bitvestment Partners LLC. (Kiwak, Danielle) |
| Filing 3 NOTICE OF APPEARANCE by Andrew Todd Miltenberg on behalf of Alydian Inc., CLI Holdings, Inc., Coinlab, Inc., Peter Vessenes. (Miltenberg, Andrew) |
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Filing 2
ORDER TO SHOW CAUSE: Upon the Affidavit of Daniel H. Gallancy, in Support of Plaintiffs Application for an Order to Show Cause, dated October 28, 2013, the Declaration of Bryan Reyhani, Esq. dated October 29, 2013 and upon a copy of the Complaint filed herewith, it is hereby: ORDERED that the above-named Defendants show cause before a motion term of this Court, at Room 18C, United States Courthouse, 500 Pearl Street, in the City, County and State of New York, on November 20, 2013, at noon thereof, or as soon thereafter as counsel may be heard, why an order should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure enjoining CoinLab Inc. ("CoinLab"), CLI Holdings Inc. ("CLI Holdings"), Alydian Inc. ("Alydian"), and Peter Vessenes (collectively, "CoinLab") and John Doe (collectively "Defendants"), during the pendency of this action, from: Using Bitcoin mining output for operating expenses and capital expenditures; Transferring Bitcoins between and among themselves and to any third-parties; Transferring any other CoinLab assets to any third party, including cash on hand; Distributing mining equipment to third parties; Contracting with any other parties to fulfill any other mining obligations; and Requiring Defendants within 24 hours of being served with the notice to: Utilize best efforts and begin to mine and deliver Bitcoins to Bitvestment Provide Plaintiff with a comprehensive list of all Bitcoin addresses used by CoinLab and any and all affiliates and employees that mine or have mined Bitcoins since December 13, 2012, regardless of purpose of usage (i. e. whether the Bitcoin addresses are in usage for mining or otherwise), as well as the unencrypted private keys associated with those Bitcoin addresses; and Immediately identify the John Doe investor by its/his/her name and relevant contact information, including business address, mailing address, email address and telephone. IT IS FURTHER ORDERED that email service of a copy of this order and all supporting documents upon Defendants or their counsel on or before 5pm on October 29, 2013 shall be deemed good and sufficient service thereof; which service is hereby acknowledged by Defendants and IT IS FURTHER ORDERED that any responsive papers to this motion by Order to Show Cause shall be served by email on counsel for Plaintiff and filed with the Clerk, with a copy delivered to chambers, on or before November 14, at 11:59 a.m.; and IT IS FURTHER ORDERED that any reply papers by Plaintiff shall be served by email on counsel for Defendants and filed with the Clerk, with a copy delivered to chambers, on or before November 19, at 5:00 p.m. Both sides are granted expedited discovery. (Show Cause Hearing set for 11/20/2013 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 10/29/2013) (rsh)
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| Filing 1 COMPLAINT against Alydian Inc., CLI Holdings, Inc., Coinlab, Inc., John Doe, Peter Vessenes. (Filing Fee $ 350.00, Receipt Number 465401080137)Document filed by Bitvestment Partners LLC.(mqu) (mqu). |
| SUMMONS ISSUED as to Alydian Inc., CLI Holdings, Inc., Coinlab, Inc., John Doe, Peter Vessenes. (mqu) |
| Case Designated ECF. (mqu) |
| Minute Entry for proceedings held before Judge Robert W. Sweet: Show Cause Hearing was held on 10/29/2013. ( Oral Argument is set for 11/20/2013 at 12:00 PM before Judge Robert W. Sweet.). (sc) |
| Magistrate Judge Kevin Nathaniel Fox is so designated. (mqu) |
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