Balestra v. ATBCOIN LLC et al
Plaintiff: Raymond Balestra
Defendant: ATBCOIN LLC, Edward Ng and Herbert W. Hoover
Case Number: 1:2017cv10001
Filed: December 21, 2017
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Vernon S. Broderick
Nature of Suit: Securities/Commodities/Exchanges
Cause of Action: 15 U.S.C. ยง 77
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
April 4, 2022 Opinion or Order Filing 89 ORDER terminating 87 Motion for Clarification re: 87 MOTION Clarification . Therefore, it is hereby ORDERED that: (1)In accordance with Paragraph 17 of the Settlement Agreement, on or before April 5, 2022, each Defendant shal l provide to Class Counsel, or the Claims Administrator, whatever information it possesses, if any, or with reasonable effort can obtain, listing the names and last known addresses of the persons and entities who were ATB securities purchasers during the Class Period. (2)In accordance with Paragraph 9(a) of the Settlement Agreement, on or before April 18, 2022, the Claims Administrator and Lead Counsel shall cause the Summary Notice to be published on a national wire service, on Lead Counsel 9;s firm website, on www.coindesk.com, and on https://www.reddit.com/r/ATBcoin. (3)In accordance with my Preliminary Approval Order, on or before May 11, 2022, the Claims Administrator shall mail the notice and claim form to those Settlement Class Members, if any, for which Defendants have provided the names and last known addresses. The Clerk of Court is respectfully directed to terminate the motion pending at Doc. 87. SO ORDERED.. (Signed by Judge Vernon S. Broderick on 4/4/2022) (kv)
March 29, 2022 Opinion or Order Filing 86 OPINION AND ORDER re: 64 MOTION for Settlement Preliminary Approval. filed by Raymond Balestra, 70 MOTION for Settlement (Enforce). filed by Raymond Balestra. For the foregoing reasons, Lead Plaintiff's motion f or preliminary approval of the proposed class action settlement is GRANTED, and Lead Plaintiff's motion to enforce the settlement is DENIED without prejudice to renewal. I hereby set the following settlement procedures: (1) Within 31 business days of the date of this Order, the Claims Administrator shall mail the notice and claim form to Settlement Class Members. (2) No later than 35 days before the fairness hearing, Lead Plaintiff shall file a motion for final approval of the Settlemen t Agreement, Plan of Allocation, and Lead Counsel's application for attorneys' fees and expenses. (3) No later than 21 days before the fairness hearing, Settlement Class Members shall file any requests for exclusion or objections. (4) No later than 7 calendar days before the fairness hearing, Defendants shall file any reply papers. (5) No later than 7 calendar days before the fairness hearing, Settlement Class Members shall file any claim forms. (6) The Court will hold a final fair ness hearing on August 30, 2022 at 3:00 p.m. via telephone, using the dial-in 888-363-4749 and the access code 2682448. (7) The parties shall abide by all terms of the Settlement Agreement. Lead Plaintiffs counsel is FURTHER ORDERED to serve a copy of this order on Defendants Ng and Hoover by email to the addresses provided by Defendants' counsel on August 5, 2020, and to file an affidavit of such service within seven days of this order. Defendants are FURTHER ORDERED to inform the pro s e office of their contact information and file a notice of appearance on the docket within seven days of this order. The Clerk's Office is respectfully directed to terminate the open gavels at Docs. 64 and 70. SO ORDERED. (Telephone Conference set for 8/30/2022 at 03:00 PM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 3/29/2022) (jca)
August 3, 2020 Opinion or Order Filing 79 ORDER: On July 8, 2020, I held a telephonic conference in this matter regarding defense counsels motion to withdraw as attorney for Defendants, and the pending motions for preliminary settlement approval and to enforce settlement. At the conference I ordered the parties to appear for a telephonic hearing on defense counsels motion on August 5, 2020, at 11:00 a.m.The dial-in information for the conference is as follows: 1-888-363-4749, conference code 2682448. (Signed by Judge Vernon S. Broderick on 8/3/2020) (msa)
March 3, 2020 Opinion or Order Filing 59 ORDER: It has been reported to the Court that this case has been settled. Accordingly, it is hereby: ORDERED that the above-captioned action is discontinued without costs to any party and without prejudice to restoring the action to this Court's docket if the application to restore the action is made within thirty (30) days. SO ORDERED. (Signed by Judge Vernon S. Broderick on 3/3/2020) (rro)
December 11, 2019 Opinion or Order Filing 56 PROTECTIVE ORDER GOVERNING CONFIRMATORY DISCOVERY:...regarding procedures to be followed that shall govern the handling of confidential material... So Ordered. (Signed by Judge Vernon S. Broderick on 12/11/2019) (js)
March 31, 2019 Opinion or Order Filing 42 OPINION & ORDER re: 22 MOTION to Appoint Raymond Balestra to serve as lead plaintiff(s) filed by Raymond Balestra, 27 MOTION to Dismiss filed by ATBCOIN LLC, Edward Ng, Herbert W. Hoover. For the foregoing reasons, D efendants' motion to dismiss, (Doc. 27), is DENIED. Balestra's motion for appointment as Lead Plaintiff and for approval of his selection of Lead Counsel, (Doc. 22), is GRANTED. The Clerk of Court is respectfully requested to terminate the open motions at Documents 22 and 27. SO ORDERED. (Signed by Judge Vernon S. Broderick on 3/31/2019) (rro) Modified on 4/1/2019 (rro).
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Plaintiff: Raymond Balestra
Represented By: Christopher James Kupka
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Defendant: ATBCOIN LLC
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Defendant: Edward Ng
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Defendant: Herbert W. Hoover
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