U.S. Securities and Exchange Commission v. Kik Interactive Inc.
| U.S. Securities and Exchange Commission |
| Kik Interactive Inc. |
| Blockchain Association |
| 1:2019cv05244 |
| June 4, 2019 |
| US District Court for the Southern District of New York |
| Alvin K Hellerstein |
| Securities/Commodities |
| 15 U.S.C. § 77 |
| Both |
Docket Report
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This docket was last retrieved on October 21, 2020. A more recent docket listing may be available from PACER.
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| Filing 82 REPLY MEMORANDUM OF LAW in Support re: #61 MOTION for Summary Judgment . . Document filed by Kik Interactive Inc...(Gibbs, Patrick) |
| Filing 81 DECLARATION of Laura D'Allaird in Support re: #57 MOTION for Summary Judgment .. Document filed by U.S. Securities and Exchange Commission. (Attachments: #1 Exhibit SEC109, #2 Exhibit SEC110).(D'Allaird, Laura) |
| Filing 80 REPLY MEMORANDUM OF LAW in Support re: #57 MOTION for Summary Judgment . . Document filed by U.S. Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order).(Mendel, David) |
| Filing 79 DECLARATION of Julianne M. Landsvik in Opposition re: #57 MOTION for Summary Judgment .. Document filed by Kik Interactive Inc.. (Attachments: #1 Exhibit Z - Declaration of Samuel Dowd, #2 Exhibit AA - Declaration of Luc Hendriks, #3 Exhibit BB - Declaration of Ryan Ramsey, #4 Exhibit BB-1 - Email from Ryan Ramsey to counsel for the SEC and Kik, dated February 3, 2020, #5 Exhibit BB-2 - Supplemental Declaration of Ryan Ramsey, #6 Exhibit CC - Declaration of Jay Weatherman, #7 Exhibit DD - Deposition Transcript of Jay Weatherman, dated January 7, 2020, #8 Exhibit EE - Deposition Exhibit 121, #9 Exhibit FF - Article dated May 25, 2017, #10 Exhibit GG - Article dated August 29, 2017, #11 Exhibit HH - William Hinman, Digital Asset Transactions: When Howey Met Gary (Plastic), (June 14, 2018), #12 Exhibit II - Jay Clayton, Statement on Cryptocurrencies and Initial Coin Offerings (December 11, 2017), #13 Exhibit JJ - Letter from U.S. Congressman Ted Budd, et al., to Chairman Clayton, dated September 28, 2018, #14 Exhibit KK - SEC, Framework for Investment Contract Analysis of Digital Assets, (April 3, 2019), #15 Exhibit LL - Article dated June 12, 2018, #16 Exhibit MM - Deposition Transcript of Ilan Leibovich, dated December 19, 2019, #17 Exhibit NN - Hester M. Peirce, How We Howey, (May 9, 2019), #18 Exhibit OO - Hester M. Peirce, Running on Empty: A Proposal to Fill the Gap Between Regulation and Decentralization, #19 Exhibit PP Article dated October 28, 2019, #20 Exhibit QQ - SEC, Response for Pocketful of Quarters, Inc. (July 25, 2019), #21 Exhibit RR - SEC, Response for TurnKey Jet, Inc. (April 3, 2019), #22 Exhibit SS Article July 16, 2019, #23 Exhibit TT - Twitter message published by Kin Foundation, dated September 13, 2017, #24 Exhibit UU - Twitter message published by Kin Foundation, dated September 13, 2017, #25 Exhibit VV - Twitter message published by Kin Foundation, dated September 13, 2017, #26 Exhibit WW - Deposition Exhibit 268, #27 Exhibit XX - Deposition Exhibit 269, #28 Exhibit YY - Statistics of Kin transactions within certain applications as of April 24, 2020, #29 Exhibit ZZ - Twitter message published by Kin Foundation, dated August 31, 2017, #30 Exhibit AAA - Declaration of Luke T. Cadigan, #31 Exhibit BBB - PowerPoint Presentation, #32 Exhibit CCC - Email from David Wachsman).(Landsvik, Julianne) |
| Filing 78 COUNTER STATEMENT TO #59 Rule 56.1 Statement. Document filed by Kik Interactive Inc...(Gibbs, Patrick) |
| Filing 77 MEMORANDUM OF LAW in Opposition re: #57 MOTION for Summary Judgment . . Document filed by Kik Interactive Inc...(Gibbs, Patrick) |
| Filing 76 DECLARATION of Laura D'Allaird in Opposition re: #61 MOTION for Summary Judgment .. Document filed by U.S. Securities and Exchange Commission. (Attachments: #1 Exhibit SEC104, #2 Exhibit SEC105, #3 Exhibit SEC106, #4 Exhibit SEC107, #5 Exhibit SEC108).(D'Allaird, Laura) |
| Filing 75 COUNTER STATEMENT TO #63 Rule 56.1 Statement. Document filed by U.S. Securities and Exchange Commission..(Schlegelmilch, Stephan) |
| Filing 74 MEMORANDUM OF LAW in Opposition re: #61 MOTION for Summary Judgment . . Document filed by U.S. Securities and Exchange Commission..(Mendel, David) |
Filing 73
ORDER FOR ADMISSION granting #66 Motion for Benjamin J. Beaton to Appear Pro Hac Vice. The motion of Benjamin J. Beaton, for admission to practice pro hac vice in the above captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Alvin K. Hellerstein on 4/22/20) (yv)
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Filing 72
MEMO ENDORSED ORDER granting #68 Motion for Leave to File Document. ENDORSEMENT: So ordered. (Signed by Judge Alvin K. Hellerstein on 4/22/20) (yv)
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| Filing 71 RESPONSE in Opposition to Motion re: #68 MOTION for Leave to File Brief as Amicus Curiae . . Document filed by U.S. Securities and Exchange Commission..(Schlegelmilch, Stephan) |
| Filing 70 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Blockchain Association..(Bradley, Keith) |
| Filing 69 BRIEF re: #68 MOTION for Leave to File Brief as Amicus Curiae . . Document filed by Blockchain Association..(Bradley, Keith) |
| Filing 68 MOTION for Leave to File Brief as Amicus Curiae . Document filed by Blockchain Association..(Bradley, Keith) |
| Filing 67 Amicus Curiae APPEARANCE entered by Keith Bradley on behalf of Blockchain Association..(Bradley, Keith) |
| Filing 66 MOTION for Benjamin J. Beaton to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19486616. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Blockchain Association. (Attachments: #1 Declaration, #2 Exhibit DC Certificate of Good Standing, #3 Exhibit KY Certificate of Good Standing, #4 Exhibit OH Certificate of Good Standing, #5 Text of Proposed Order).(Beaton, Benjamin) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #66 MOTION for Benjamin J. Beaton to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19486616. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad) |
| Filing 65 NOTICE of Supplemental Authority re: #62 Memorandum of Law in Support of Motion, #58 Memorandum of Law in Support of Motion. Document filed by U.S. Securities and Exchange Commission. (Attachments: #1 Exhibit 1).(Schlegelmilch, Stephan) |
| Filing 64 DECLARATION of Michael E. Welsh in Support re: #61 MOTION for Summary Judgment .. Document filed by Kik Interactive Inc.. (Attachments: #1 Exhibit A - Declaration of Tanner Philp, #2 Exhibit B - Heinki Excerpts, #3 Exhibit C - Philp Excerpts, #4 Exhibit D - Livingston Excerpts, #5 Exhibit E - The Simple Agreement for Future Tokens, #6 Exhibit F - Private Placement Offering Memorandum, #7 Exhibit G - Form D, #8 Exhibit H - The TDE Terms of Use, #9 Exhibit I - Kin Frequently Asked Questions, #10 Exhibit J - Kin User Registration Guide, #11 Exhibit K - Kin Whitepaper, #12 Exhibit L - Article, #13 Exhibit M - Press Release, #14 Exhibit N - Article, #15 Exhibit O - Article, #16 Exhibit P - Article, #17 Exhibit Q - Blog Post, #18 Exhibit R - Current Stats, #19 Exhibit S - Webpage Listing, #20 Exhibit T - KinFit Webpage, #21 Exhibit U - Webpage Describing Love & Loud, #22 Exhibit V - Current Blockchain Stats, #23 Exhibit W - Twitter Message, #24 Exhibit X - Article, #25 Exhibit Y - Press Release).(Gibbs, Patrick) |
| Filing 63 RULE 56.1 STATEMENT. Document filed by Kik Interactive Inc...(Gibbs, Patrick) |
| Filing 62 MEMORANDUM OF LAW in Support re: #61 MOTION for Summary Judgment . . Document filed by Kik Interactive Inc...(Gibbs, Patrick) |
| Filing 61 MOTION for Summary Judgment . Document filed by Kik Interactive Inc...(Gibbs, Patrick) |
| Filing 60 DECLARATION of Laura D'Allaird in Support re: #57 MOTION for Summary Judgment .. Document filed by U.S. Securities and Exchange Commission. (Attachments: #1 Exhibit SEC1, #2 Exhibit SEC2, #3 Exhibit SEC3, #4 Exhibit SEC4, #5 Exhibit SEC5, #6 Exhibit SEC6, #7 Exhibit SEC7, #8 Exhibit SEC8, #9 Exhibit SEC9, #10 Exhibit SEC10, #11 Exhibit SEC11, #12 Exhibit SEC12, #13 Exhibit SEC13, #14 Exhibit SEC14, #15 Exhibit SEC15, #16 Exhibit SEC16, #17 Exhibit SEC17, #18 Exhibit SEC18, #19 Exhibit SEC19, #20 Exhibit SEC20, #21 Exhibit SEC21, #22 Exhibit SEC22, #23 Exhibit SEC23, #24 Exhibit SEC24, #25 Exhibit SEC25, #26 Exhibit SEC26, #27 Exhibit SEC27, #28 Exhibit SEC28, #29 Exhibit SEC29, #30 Exhibit SEC30, #31 Exhibit SEC31, #32 Exhibit SEC32, #33 Exhibit SEC33, #34 Exhibit SEC34, #35 Exhibit SEC35, #36 Exhibit SEC36-A, #37 Exhibit SEC36-B, #38 Exhibit SEC37, #39 Exhibit SEC38, #40 Exhibit SEC39, #41 Exhibit SEC40, #42 Exhibit SEC41, #43 Exhibit SEC42, #44 Exhibit SEC43, #45 Exhibit SEC44, #46 Exhibit SEC45-A, #47 Exhibit SEC45-B, #48 Exhibit SEC46-A, #49 Exhibit SEC46-B, #50 Exhibit SEC46-C, #51 Exhibit SEC47-A, #52 Exhibit SEC47-B, #53 Exhibit SEC47-C, #54 Exhibit SEC48-A, #55 Exhibit SEC48-B, #56 Exhibit SEC48-C, #57 Exhibit SEC49-A, #58 Exhibit SEC49-B, #59 Exhibit SEC49-C, #60 Exhibit SEC50, #61 Exhibit SEC51, #62 Exhibit SEC52, #63 Exhibit SEC53, #64 Exhibit SEC54, #65 Exhibit SEC55, #66 Exhibit SEC56, #67 Exhibit SEC57, #68 Exhibit SEC58-A, #69 Exhibit SEC58-B, #70 Exhibit SEC59-A, #71 Exhibit SEC59-B, #72 Exhibit SEC60, #73 Exhibit SEC61, #74 Exhibit SEC62, #75 Exhibit SEC63, #76 Exhibit SEC64, #77 Exhibit SEC65, #78 Exhibit SEC66, #79 Exhibit SEC67, #80 Exhibit SEC68, #81 Exhibit SEC69, #82 Exhibit SEC70, #83 Exhibit SEC71, #84 Exhibit SEC72, #85 Exhibit SEC73, #86 Exhibit SEC74, #87 Exhibit SEC75, #88 Exhibit SEC76, #89 Exhibit SEC77, #90 Exhibit SEC78, #91 Exhibit SEC79, #92 Exhibit SEC80, #93 Exhibit SEC81, #94 Exhibit SEC82, #95 Exhibit SEC83, #96 Exhibit SEC84, #97 Exhibit SEC85, #98 Exhibit SEC86, #99 Exhibit SEC87, #100 Exhibit SEC88, #101 Exhibit SEC89, #102 Exhibit SEC90, #103 Exhibit SEC91, #104 Exhibit SEC92, #105 Exhibit SEC93, #106 Exhibit SEC94, #107 Exhibit SEC95, #108 Exhibit SEC96, #109 Exhibit SEC97, #110 Exhibit SEC98, #111 Exhibit SEC99, #112 Exhibit SEC100, #113 Exhibit SEC101, #114 Exhibit SEC102, #115 SEC103).(D'Allaird, Laura) |
| Filing 59 RULE 56.1 STATEMENT. Document filed by U.S. Securities and Exchange Commission..(Schlegelmilch, Stephan) |
| Filing 58 MEMORANDUM OF LAW in Support re: #57 MOTION for Summary Judgment . . Document filed by U.S. Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order).(Mendel, David) |
| Filing 57 MOTION for Summary Judgment . Document filed by U.S. Securities and Exchange Commission. Responses due by 4/24/2020.(Mendel, David) |
| Filing 56 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from David Mendel dated 3/13/20 re: seeks a continuance of the obligation to comply with your Individual Rule of Practice 2.F. ENDORSEMENT: The parties may file as practical. (Signed by Judge Alvin K. Hellerstein on 3/13/20) (yv) |
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Filing 55
ORDER FOR ADMISSION PRO HAC VICE granting #52 Motion for Michael E. Welsh to Appear Pro Hac Vice. The motion of Michael E. Welsh for admission to practice Pro Hac Vice in the above captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. If this action is assigned to the Electronic Case Filing (ECF) system, counsel shall immediately apply for an ECF password at http ://nysd.uscourts.gov/ecf_registration.php (Signed by Judge Alvin K. Hellerstein on 2/12/20) (yv)
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Filing 54
ORDER FOR ADMISSION PRO HAC VICE granting #53 Motion for Julianne M. Landsvik to Appear Pro Hac Vice. The motion of Julianne M. Landsvik, for admission to practice Pro Hac Vice in the above captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. If this action is assigned to the Electronic Case Filing (ECF) system, counsel shall immediately apply for an ECF password at http://nysd.uscourts.gov/ecf_registration.php (Signed by Judge Alvin K. Hellerstein on 2/12/20) (yv)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #53 MOTION for Julianne M. Landsvik to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18750652. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 53 MOTION for Julianne M. Landsvik to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18750652. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kik Interactive Inc.. (Attachments: #1 Exhibit Declaration of Julianne Landsvik, #2 Exhibit Certificate of Good Standing - Massachusetts, #3 Exhibit Certificate of Good Standing - Illinois, #4 Text of Proposed Order).(Landsvik, Julianne) |
| Filing 52 MOTION for Michael E. Welsh to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18743311. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kik Interactive Inc.. (Attachments: #1 Affidavit Declaration of Michael E. Welsh, #2 Exhibit Certificate of Good Standing - Massachusetts, #3 Exhibit Certificate of Good Standing - Connecticut, #4 Text of Proposed Order).(Welsh, Michael) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #52 MOTION for Michael E. Welsh to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18743311. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| Filing 51 NOTICE OF APPEARANCE by Robert Pommer, III on behalf of Kik Interactive Inc...(Pommer, Robert) |
| Filing 50 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERECE proceeding held on 1/22/2020 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...(McGuirk, Kelly) |
| Filing 49 TRANSCRIPT of Proceedings re: CONFERENCE held on 1/22/2020 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Khristine Sellin, (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 2/19/2020. Redacted Transcript Deadline set for 3/2/2020. Release of Transcript Restriction set for 4/28/2020.(McGuirk, Kelly) |
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Filing 48
ORDER granting in part and denying in part #45 Letter Motion for Discovery. Regarding the letter motion, Tanner Philp shall testify as corporate representative for Defendant Kik Interactive Inc. ("Kik") on January 28, 2020, or on a mutually convenient date within ten days of January 28, 2020. If Kik or Philp has any objections to Philp's serving as corporate representative, they shall object by January 23, 2020 at 5:00 p.m. The deposition shall be for the limited purpose of discussing the nature of Kik's business, including any business conducted through affiliates, from 2018 through the present. The SEC's request for Rule 30(b)(6) testimony is denied in all other respects. In accordance with the parties' agreement, the following shall serve as the revised schedule of deadlines in this matter: 1. Close of fact discovery: January 28, 2020 2. Motions for summary judgment: March 20, 2020 3. Oppositions to motions for summary judgment: April 24, 2020. 4. Replies in support of motions for summary judgment: May 8, 2020 If necessary, expert discovery and trial will be scheduled following motions for summary judgment. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 1/23/20) (yv)
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| Set/Reset Deadlines: Fact Discovery due by 1/28/2020. Motions due by 3/20/2020. Responses due by 4/24/2020. Replies due by 5/8/2020. (yv) |
| Filing 47 NOTICE OF APPEARANCE by Daniel Roy, III on behalf of Kik Interactive Inc.. (Roy, Daniel) |
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Filing 46
ORDER: The parties shall appear by counsel before this Court on January 22, 2020 at 2:30 p.m. to discuss the issues raised in the joint letter dated January 14, 2020 (ECF No. 45). (Status Conference set for 1/22/2020 at 02:30 PM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 1/16/2020) (cf)
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| Filing 45 JOINT LETTER MOTION for Discovery - Re Discovery Dispute addressed to Judge Alvin K. Hellerstein from Patrick E. Gibbs dated January 14, 2020. Document filed by Kik Interactive Inc.. (Attachments: #1 Exhibit A-Deposition Notice, #2 Exhibit B-Amended Deposition Notice, #3 Exhibit C-Letter to SEC, #4 Exhibit D-Welsh Email, #5 Exhibit E-Amended Deposition Notice, #6 Exhibit F-Schlegelmilch Email, #7 Exhibit G-Kik Response to SEC)(Gibbs, Patrick) |
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Filing 44
MEMO ENDORSEMENT on re: #43 Status Report filed by U.S. Securities and Exchange Commission. ENDORSEMENT: 1. So Ordered. 2. The status conf. set for 1/14/20 is canceled. Trial to be ordered by the Court on determination of the motions., (Expert Discovery due by 4/17/2020., Fact Discovery due by 1/28/2020., Motions due by 5/8/2020., Responses due by 6/3/2020, Replies due by 6/19/2020.) (Signed by Judge Alvin K. Hellerstein on 1/10/20) (yv)
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| Filing 43 STATUS REPORT. Stipulated Case Schedule Document filed by U.S. Securities and Exchange Commission.(Mendel, David) |
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Filing 42
ORDER FOR ADMISSION PRO HAC VICE granting #39 Motion for Jenna Bailey to Appear Pro Hac Vice. The motion of Jenna Bailey, for admission to practice Pro Hac Vice in the above captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. If this action is assigned to the Electronic Case Filing (ECF) system, counsel shall immediately apply for an ECF password at http://nysd.uscourts.gov/ecf_registration.php. (Signed by Judge Alvin K. Hellerstein on 11/27/19) (yv)
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Filing 41
ORDER: Pursuant to the Court's teleconference with the parties, the order issued earlier today, ECF No. 40, is amended as follows: The status conference previously scheduled for December 6, 2019 is adjourned to January 14, 2020 at 2:30 p.m. at the United States Courthouse, 500 Pearl Street, New York, New York 10007, in Courtroom 14D. This order replaces all previous scheduling of status conferences. The parties shall endeavor to agree to a stipulation setting a deadline for the end of fact discovery (previously scheduled to be completed by January 8, 2020, ECF No. 37), sequence of expert discovery, and a briefing schedule for summary judgment. SO ORDERED. (Status Conference set for 1/14/2020 at 02:30 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 11/26/2019) (rro)
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Filing 40
ORDER granting in part #38 LETTER MOTION to Compel Defendant Kik Interactive Inc. to Produce Discovery. The parties, by joint letter of November 22, 2019 (ECF No. 38) and pursuant to my Individual Rule of Practice 2.E, ask me for rulings on discovery disputes. My rulings follow, numbered as in the parties' joint letter. 1. The SEC's Request No. 5, asking for documents concerning oral or written agreements with employees, officers, directors or agents whom defendant identifies in its Initial Disclosures, is granted, as originally formulated and as restated on page 5 of the joint letter. Defendant shall make production within two weeks from today. Obviously, agreements with witnesses, particularly regarding their compensation at seemingly high rates for time taken in testifying and preparing to testify, are relevant as to credibility. Defendant's excuse as to its failure to produce timely, in the belief that the SEC's Request did not embrace emails, is frivolous. Defendant's long argument that it had the right to delay the SEC's complaints to the court by "meet and confer" procedures equally is frivolous. 2. The SEC's Requests Nos. 4 and 7 are overly broad; defendant's objection to production is granted. Emails concerning allegations of the complaint, or concerning the Investigation are susceptible to varying interpretations. The SEC may reformulate its Requests to refer to specific subject matter. 3. Defendant's discovery complaints should be made the subject of a separate joint letter pursuant to my Individual Rule of Practice 2.E. 4. The status conference, scheduled to be held December 6, 2019 at 10:00 am, will be held instead, by telephone, on December 5, 2019 at 2:30 pm. A court reporter will transcribe the conference. The SEC will initiate the call. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 11/26/2019) (jca)
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| Filing 39 MOTION for Jenna Bailey to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18153184. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kik Interactive Inc.. (Attachments: #1 Declaration of Jenna Bailey, #2 Certificate of Good Standing - California, #3 Text of Proposed Order)(Bailey, Jenna) |
| Set/Reset Hearings: Telephone Conference set for 12/5/2019 at 02:30 PM before Judge Alvin K. Hellerstein. (jca) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #39 MOTION for Jenna Bailey to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18153184. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 38 LETTER MOTION to Compel Defendant Kik Interactive Inc. to Produce Discovery addressed to Judge Alvin K. Hellerstein from Stephan J. Schlegelmilch dated November 22, 2019. Document filed by U.S. Securities and Exchange Commission. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Schlegelmilch, Stephan) |
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Filing 37
ORDER granting #32 Letter Motion for Extension of Time to Complete Discovery, provided that all the requested depositions are completed by January 8, 2020. The completion of these depositions will close fact discovery. The parties should agree to make a joint request of the witnesses to travel to New York City for depositions, with witness' expenses to be incurred by the party calling the deposition and to be taxed as costs at the conclusion of the case. If both parties seek a deposition, the witness' expenses shall be shared.The status conference scheduled for December 6, 2019 is postponed to January 17, 2020, 10:00 am. The conference will treat issues of experts and, if appropriate, set a date for trial.(HEREBY ORDERED by Judge Alvin K. Hellerstein)(Text Only Order) (Hellerstein, Alvin)
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Filing 36
ORDER denying #33 Motion for Reconsideration. Defendant's motion for reconsideration is a reargument of matters that were before me when I denied the discovery sought. Defendant does not mention any new matter of fact or law, or any binding precedent that I failed to consider. That is enough to deny the motion.Furthermore, as I originally held, the deliberations within an agency sheds no light on the application of the statute or regulation in issue. If the law is vague, or confusing, or arbitrary, as defendant argues, that can be argued objectively. Proper discovery should be focused on what defendant did, and not why the agency decided to bring the case.I decide this motion on defendant's brief. There is no reason to wait for opposition and reply briefs when the invalidity of defendant's argument is apparent from its own papers. The parties should be focused on completing discovery, and not on wasteful forays into inadmissible facts. Plaintiff's motion for extensions of time to file opposition briefs is denied as moot. (HEREBY ORDERED by Judge Alvin K. Hellerstein)(Text Only Order) (Hellerstein, Alvin)
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| Filing 35 LETTER MOTION for Extension of Time to File Response/Reply as to #34 Memorandum of Law in Support of Motion,, #33 MOTION for Reconsideration re; 30 Order on Motion for Discovery,, . addressed to Judge Alvin K. Hellerstein from David Mendel dated 11/11/2019. Document filed by U.S. Securities and Exchange Commission.(Mendel, David) |
| Filing 34 MEMORANDUM OF LAW in Support re: #33 MOTION for Reconsideration re; 30 Order on Motion for Discovery,, . . Document filed by Kik Interactive Inc.. (Attachments: #1 Exhibit A - Excerpt Kik Answer, #2 Exhibit B - Depo Notices, #3 Exhibit C - 2019-10-04 SEC's Response to Kik's First RFPs, #4 Exhibit D - SEC's Response to Kik's First RFAs, #5 Exhibit E - 2019.10.30 - Kik's First Set of ROGs to SEC, #6 Exhibit F - Text of Proposed Order)(Gibbs, Patrick) |
| Filing 33 MOTION for Reconsideration re; 30 Order on Motion for Discovery,, . Document filed by Kik Interactive Inc..(Gibbs, Patrick) |
| Filing 32 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Alvin K. Hellerstein from Stephan J. Schlegelmilch dated November 6, 2019. Document filed by U.S. Securities and Exchange Commission.(Schlegelmilch, Stephan) |
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Filing 31
STIPULATED PROTECTIVE ORDER AND PROTOCOL FOR ELECTRONICALLY STORED INFORMATION:...regarding procedures to be followed that shall govern the handling of confidential material. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 10/31/2019) (ama)
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Filing 30
ORDER denying #27 Letter Motion for Discovery. Defendant seeks discovery relating to its affirmative defense that section 5 of the Securities Act is void for vagueness. The affirmative defense raises an issue of law, not of fact. The SEC's motion for a protective order, striking defendant's notice to take depositions of SEC officials, is granted. Defendant's request for document production relating to the affirmative defense is denied. (HEREBY ORDERED by Judge Alvin K. Hellerstein)(Text Only Order) (Hellerstein, Alvin)
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Filing 29
ORDER deferring ruling on #25 Motion for Judgment on the Pleadings. The motion is denied without prejudice to renewal when dispositive motions are filed or otherwise determined. (HEREBY ORDERED by Judge Alvin K. Hellerstein)(Text Only Order) (Hellerstein, Alvin)
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| Filing 28 PROPOSED PROTECTIVE ORDER. Document filed by Kik Interactive Inc.. (Attachments: #1 Exhibit A - Acknowledgement of Non-Disclosure, #2 Exhibit B - SEC Data Delivery Standards) (Gibbs, Patrick) |
| Filing 27 JOINT LETTER MOTION for Discovery addressed to Judge Alvin K. Hellerstein from Stephan J. Schlegelmilch dated October 28, 2019. Document filed by U.S. Securities and Exchange Commission. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Schlegelmilch, Stephan) |
| Filing 26 MEMORANDUM OF LAW in Support re: #25 MOTION for Judgment on the Pleadings as to Defendant Kik Interactive Inc.'s First Defense. . Document filed by U.S. Securities and Exchange Commission. (Attachments: #1 Exhibit 1, #2 Text of Proposed Order)(Mendel, David) |
| Filing 25 MOTION for Judgment on the Pleadings as to Defendant Kik Interactive Inc.'s First Defense. Document filed by U.S. Securities and Exchange Commission. Responses due by 11/7/2019(Mendel, David) |
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Filing 24
ORDER FOR ADMISSION PRO HAC VICE granting #23 Motion for Laura K. D'Allaird to Appear Pro Hac Vice. The motion of Laura K. D' Allaird for admission to practice pro hac vice in the above-captioned action is granted. IT IS HEREBY ORDERED THAT Applicant is admitted to practice pro hac vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 8/13/19) (yv)
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| Filing 23 MOTION for Laura Kathleen D'Allaird to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by U.S. Securities and Exchange Commission. (Attachments: #1 Affidavit DAllaird Declaration, #2 Exhibit Certificates of Good Standing, #3 Text of Proposed Order Proposed Order for DAllaird Pro Hac)(D'Allaird, Laura) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #23 MOTION for Laura Kathleen D'Allaird 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) |
| Filing 22 ANSWER to #1 Complaint with JURY DEMAND. Document filed by Kik Interactive Inc..(Gibbs, Patrick) |
| Filing 21 LETTER addressed to Judge Alvin K. Hellerstein from Patrick E. Gibbs dated August 6, 2019 re: Submission of Authorities. Document filed by Kik Interactive Inc..(Gibbs, Patrick) |
| Filing 20 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/19/19 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...(McGuirk, Kelly) |
| Filing 19 TRANSCRIPT of Proceedings re: conference held on 7/19/2019 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Jennifer Thun, (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 8/19/2019. Redacted Transcript Deadline set for 8/29/2019. Release of Transcript Restriction set for 10/28/2019.(McGuirk, Kelly) |
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Filing 18
ORDER FOR ADMISSION PRO HAC VICE granting #17 Motion for Brett de Jarnette to Appear Pro Hac Vice. (Signed by Judge Alvin K. Hellerstein on 7/24/2019) (ne)
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| Filing 17 MOTION for Brett de Jarnette to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17298543. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kik Interactive Inc.. (Attachments: #1 Declaration of Brett de Jarnette, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Brett, Jarnette) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #17 MOTION for Brett de Jarnette to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17298543. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 16 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Kik Interactive Inc..(Lightdale, Sarah) |
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Filing 15
ORDER FOR ADMISSION PRO HAC VICE granting #14 Motion for Patrick E. Gibbs to Appear Pro Hac Vice. (Signed by Judge Alvin K. Hellerstein on 7/16/2019) (ne)
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| Filing 14 MOTION for Patrick E. Gibbs to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17245163. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kik Interactive Inc.. (Attachments: #1 Declaration of Patrick Gibbs, #2 Certificate of Good Standing, #3 Certificate of Good Standing, #4 Text of Proposed Order)(Gibbs, Patrick) |
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Filing 13
ORDER FOR ADMISSION PRO HAC VICE granting #12 Motion for Luke T. Cadigan to Appear Pro Hac Vice. (Signed by Judge Alvin K. Hellerstein on 7/15/2019) (jca)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #14 MOTION for Patrick E. Gibbs to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17245163. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc) |
| Filing 12 MOTION for Luke T. Cadigan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17235438. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kik Interactive Inc.. (Attachments: #1 Affidavit Declaration of Luke T. Cadigan, #2 Exhibit Certificate of Good Standing - Massachusetts, #3 Text of Proposed Order)(Cadigan, Luke) |
| Filing 11 NOTICE OF APPEARANCE by Sarah Malke Lightdale on behalf of Kik Interactive Inc.. (Lightdale, Sarah) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 MOTION for Luke T. Cadigan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17235438. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 10 WAIVER OF SERVICE RETURNED EXECUTED. Kik Interactive Inc. waiver sent on 6/5/2019, answer due 9/3/2019. Document filed by U.S. Securities and Exchange Commission. (Mendel, David) |
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Filing 9
NOTICE OF COURT CONFERENCE: It is Ordered that counsel to whom this Order is sent is responsible for faxing a copy to all counsel and retaining verification of such in the case file. Do not fax such verification to Chambers. Please include telephone numbers and fax numbers on all documents submitted to the Court. (Initial Conference set for 7/19/2019 at 10:00 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 6/17/2019) (jca)
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Filing 8
ORDER FOR ADMISSION PRO HAC VICE granting #7 Motion for Stephan Jacob Schlegelmilch to Appear Pro Hac Vice. (As further set forth in this Order.) (Signed by Judge Alvin K. Hellerstein on 6/13/2019) (cf)
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| Filing 7 MOTION for Stephan Jacob Schlegelmilch to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by U.S. Securities and Exchange Commission. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Schlegelmilch, Stephan) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #7 MOTION for Stephan Jacob Schlegelmilch 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. (bcu) |
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Filing 6
ORDER FOR ADMISSION PRO HAC VICE granting #4 Motion for David S. Mendel to Appear Pro Hac Vice. (Signed by Judge Alvin K. Hellerstein on 6/6/2019) (rjm)
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| Filing 5 ELECTRONIC SUMMONS ISSUED as to Kik Interactive Inc.. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alvin K. Hellerstein. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pc) |
| Magistrate Judge Stewart D. Aaron is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pc) |
| Case Designated ECF. (pc) |
| Filing 4 MOTION for David Stuart Mendel to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by U.S. Securities and Exchange Commission. (Attachments: #1 Affidavit Mendel Declaration, #2 Exhibit Certificates of Good Standing, #3 Text of Proposed Order)(Mendel, David) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Kik Interactive Inc., re: #1 Complaint. Document filed by U.S. Securities and Exchange Commission. (Mendel, David) |
| Filing 2 CIVIL COVER SHEET filed. (Mendel, David) |
| Filing 1 COMPLAINT against Kik Interactive Inc.. Document filed by U.S. Securities and Exchange Commission.(Mendel, David) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #4 MOTION for David Stuart Mendel 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. (jc) |
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