Balestra v. ATBCOIN LLC et al
| Raymond Balestra |
| ATBCOIN LLC, Edward Ng and Herbert W. Hoover |
| 1:2017cv10001 |
| December 21, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Vernon S. Broderick |
| Securities/Commodities/Exchanges |
| 15 U.S.C. ยง 77 |
| Plaintiff |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
123
DEFAULT JUDGMENT: It is HEREBY ORDERED that final default judgment is entered against defendants ATBCOIN LLC, Edward Ng, and Herbert Hoover (collectively, the "Defaulting Defendants"). Pursuant to Sections 12(a)(1-2) an d 15(a) of the Securities Act of 1933 (15 U.S.C. 771(a) & 77o(a)), each of the Defaulting Defendants shall be jointly and severally liable to Plaintiffs and the Class for damages in the amount of $20,400,00.00 (the "Damages Figure"). It is FURTHER ORDERED that, including pre-judgment interest per 28 U.S. Section 1961, the total figure for which the Defaulting Defendants are liable is $26,013,822.46 (the "Total Damages Figure"), plus post-judgment in terest at the rate of 4.73 % per annum, computed daily from the date of this Order to the date of payment and compounded annually. It is FURTHER ORDERED that counsel for Plaintiffs shall report to the Court by January 26, 2024 with an update concerning the status of collection efforts and an anticipated time frame for an application for an award of attorneys' fees and expenses. The deadline for any fee and expenses application is extended to January 26, 2024, subject to further extension based on the 1/26/2024 submission. IT IS SO ORDERED AND ADJUDGED. (Signed by Judge Denise L. Cote on 12/21/2022) (tg)
|
|
Filing
118
ORDER: It is hereby ORDERED that the plaintiffs shall serve this Order and the underlying papers on the defendants on or before November 9, 2022 by certified overnight mail. IT IS FURTHER ORDERED that a default judgment hearing will be held on Dece mber 16, 2022 at 10:00 A.M. in Courtroom 18B, 500 Pearl Street, New York NY 10007. Failure of the defendants to appear will result in entry of a default or a default judgment. ( Default Hearing set for 12/16/2022 at 10:00 AM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 11/7/2022) (vfr)
|
|
Filing
110
ORDER granting 97 Motion to Certify Class. Accordingly, it is hereby ORDERED that the motion to certify the class is granted. The following class is certified: All persons who purchased or otherwise acquired the securities of ATBCoin directl y from ATBCoin between June 12, 2017, and September 15, 2017, inclusive and were damaged thereby (the "Class"). Excluded from the Class are: (i) all Defendants; (ii) all current or former officers, directors or partners of ATB, its affil iates, parents or subsidiaries; any corporation, trust or other entity in which any Defendant has or had a controlling interest; (iii) the members of the immediate families of the Individual Defendants; (iv) the parents, subsidiaries and affiliat es of ATB; (v) the legal representatives, heirs, successors, or assigns of any excluded Person; and (vi) any Person who timely and validly seeks exclusion from the Class in accordance with the requirements of the Notice. IT IS FURTHER ORDERED that pu rsuant to Rule 23(g), Fed. R. Civ. P., Levi and Korsinsky, LLP is appointed to class counsel to the class. IT IS FURTHER ORDERED that Lead Plaintiff shall file a motion for default judgment by November 11, 2022. (Signed by Judge Denise L. Cote on 10/25/2022) (vfr)
|
|
Filing
101
ORDER: Accordingly, it is hereby ORDERED that the defendants shall file any opposition to the motion for class certification by September 16, 2022. The lead plaintiff's reply, if any, shall be filed by September 30, 2022. At the time any reply is filed, the moving party shall supply Chambers with two (2) courtesy copies of all motion papers by mailing or delivering them to the United States Courthouse, 500 Pearl Street, New York, New York. IT IS FURTHER ORDERED that the lead plaintiff& #039;s counsel must serve this Order on all defendants. If ATBCoin LLC ("ATBCoin") is not currently represented by counsel, the lead plaintiff must serve this Order on ATBCoin's prior counsel, Reitler Kailas & Rosenblatt LLC. IT IS FUR THER ORDERED that if ATBCoin is not currently represented by counsel in this action, counsel must file a notice of appearance on behalf of ATBCoin by September 16, 2022. If ATBCoin remains unrepresented after September 16, 2022, the lead plaintiff m ust move for an entry of a default against ATBCoin by September 30, 2022. Counsel shall review this Court's Individual Practices in Civil Cases regarding default judgment submissions. (Responses due by 9/16/2022, Replies due by 9/30/2022.) (Signed by Judge Denise L. Cote on 8/25/2022) (jca)
|
|
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)
|
|
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)
|
|
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)
|
|
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)
|
|
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)
|
|
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).
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
