Securities and Exchange Commission v. Telegram Group Inc. et al
| Securities and Exchange Commission |
| Ton Issuer Inc. and Telegram Group Inc. |
| Chamber of Digital Commerce, Investor X, Investor H and Investor A |
| Investor E, Investor Z, Commodity Futures Trading Commission, John Hyman, Investor B, Investor G, Investor I and Investor F |
| TON Community Foundation and Blockchain Association |
| 1:2019cv09439 |
| October 11, 2019 |
| US District Court for the Southern District of New York |
| P Kevin Castel |
| Securities/Commodities |
| 15:77 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 29, 2020. A more recent docket listing may be available from PACER.
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| Filing 253 MEMO ENDORSEMENT on re: #252 Letter filed by Telegram Group Inc., Ton Issuer Inc. ENDORSEMENT: Application GRANTED. The Clerk is directed to seal the docket entries listed in bold type below. (Signed by Judge P. Kevin Castel on 7/29/2020) (cf) |
| Filing 252 LETTER addressed to Judge P. Kevin Castel from Alexander C. Drylewski dated July 29, 2020 re: June 17, 2020 Sealing Order. Document filed by Telegram Group Inc., Ton Issuer Inc...(Drylewski, Alexander) |
| Filing 251 MEMO ENDORSEMENT on re: #247 Letter. ENDORSEMENT: The Court approves the SEC's proposed additional redactions to Exhibit HH and PX15, finding that the protection of non-party privacy interests outweighs the public's presumption of access, United States v. Amodeo, 71 F.3d 1044, 1049 (2d Cir. 1995), and that the additional proposed redactions are narrowly tailored to protect this specific interest. The Clerk is also directed to seal Docket Entries 122-5 and 122-37. (Signed by Judge P. Kevin Castel on 7/28/2020) (jwh) |
| Filing 250 NOTICE of Filing re: #238 Memorandum & Opinion,,,. Document filed by Telegram Group Inc., Ton Issuer Inc.. (Attachments: #1 Exhibit A - Defendants' Response to Plaintiffs Local 56.1 Statement in Support of its Motion for Summary Judgment, dated January 21, 2020, #2 Exhibit B - Defendants' Response to Plaintiffs Counter-Statement of Undisputed Material Facts in Further Support of Defendants' Motion for Summary Judgment, dated January 27, 2020, #3 Exhibit C - Exhibit 4 to the Drylewski Declaration, #4 Exhibit D - Exhibit 5 to the Drylewski Declaration, #5 Exhibit E - Exhibit 10 to the Drylewski Declaration, #6 Exhibit F - Exhibit 12 to the Drylewski Declaration, #7 Exhibit G - Exhibit 1 to the Malloy Declaration, #8 Exhibit H - Exhibit 2 to the Malloy Declaration, #9 Exhibit I - Exhibit 3 to the Malloy Declaration, #10 Exhibit J - Exhibit 4 to the Malloy Declaration, #11 Exhibit K - Exhibit 9 to the Malloy Declaration, #12 Exhibit L - Exhibit 10 to the Malloy Declaration, #13 Exhibit M - Exhibit 11 to the Malloy Declaration, #14 Exhibit N - Exhibit 14 to the Malloy Declaration, #15 Exhibit O - Exhibit 1 to the McKeon Declaration, #16 Exhibit P - Exhibit 1 to the Musoff Declaration, #17 Exhibit Q - Exhibit 5 to the Musoff Declaration).(Drylewski, Alexander) |
| Filing 249 DECLARATION of Daphna Waxman in Support re: #3 EMERGENCY MOTION for Temporary Restraining Order , Order to Show Cause, and Granting Other Relief.EMERGENCY MOTION for Preliminary Injunction and Order to Show Cause.. Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit L, #2 Exhibit M, #3 Exhibit N, #4 Exhibit O, #5 Exhibit P, #6 Exhibit Q, #7 Exhibit R, #8 Exhibit S, #9 Exhibit X, #10 Exhibit Y, #11 Exhibit AA, #12 Exhibit GG, #13 Exhibit HH).(Tenreiro, Jorge) |
| Filing 248 ***SELECTED PARTIES***DECLARATION of Daphna Waxman in Support re: #3 EMERGENCY MOTION for Temporary Restraining Order , Order to Show Cause, and Granting Other Relief.EMERGENCY MOTION for Preliminary Injunction and Order to Show Cause.. Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit L, #2 Exhibit M, #3 Exhibit N, #4 Exhibit O, #5 Exhibit P, #6 Exhibit Q, #7 Exhibit R, #8 Exhibit S, #9 Exhibit Y, #10 Exhibit AA, #11 Exhibit GG, #12 Exhibit HH)Motion or Order to File Under Seal: #238 .(Tenreiro, Jorge) |
| Filing 247 LETTER addressed to Judge P. Kevin Castel from Alison R. Levine dated July 1, 2020 re: Record Supplement in Accordance with Sealing Orders. Document filed by Securities and Exchange Commission. (Attachments: #1 Counter Statement to #75 Rule 56.1 Statement, #2 Exhibit 7 to #43 Letters Rogatory, #3 Exhibit PX1 Exs. A-G to #122 Stewart Decl., #4 Exhibit PX2 Exs. A-I to #122 Stewart Decl., #5 Exhibit PX3 Exs. A-E to #122 Stewart Decl., #6 Exhibit PX4 Exs. A-E to #122 Stewart Decl., #7 Exhibit PX5 and Exs. A-B to #122 Stewart Decl., #8 Exhibit PX7 Exs. A to #122 Stewart Decl., #9 Exhibit PX8 Ex. A to #122 Stewart Decl., #10 Exhibit PX15 to #122 Stewart Decl., #11 Exhibit PX28 to #122 Stewart Decl., #12 Exhibit PX30 to #122 Stewart Decl., #13 Exhibit PX31 to #122 Stewart Decl., #14 Exhibit PX33 to #122 Stewart Decl., #15 Exhibit PX43 to #122 Stewart Decl., #16 Exhibit PX55 to #122 Stewart Decl., #17 Exhibit PX76 to #122 Stewart Decl., #18 Exhibit PX77 to #122 Stewart Decl., #19 Exhibit PX97 to #122 Stewart Decl., #20 Exhibit PX98 to #122 Stewart Decl., #21 Exhibit PX115 to #122 Stewart Decl., #22 Exhibit PX123 to #122 Stewart Decl., #23 Exhibit PX148 to #123 Stewart Decl., #24 Exhibit PX194 to #123 Stewart Decl., #25 Exhibit 1 to #181 Record Supplement, #26 Exhibit 2 to #181 Record Supplement).(Levine, Alison) |
| Filing 246 MEMO ENDORSEMENT on re: #244 Letter filed by Investor E, Investor Z. ENDORSEMENT: The circumstance that this case is settled and closed does not alter the right of public access to judicial documents. This is particularly true because the documents were submitted in support of a request for judicial action upon which a judicial decision was rendered. (Signed by Judge P. Kevin Castel on 7/1/2020) (jwh) |
Filing 245
MEMO ENDORSEMENT on re: #239 Letter filed by Investor X. ENDORSEMENT: Investor X's letter is deemed a timely motion to reconsider. The Court approves the redactions to PX32 proposed in Doc. 216, finding that Investor X's interest in the confidentiality of its proprietary business information outweighs the public's presumption of access, United States v. Amodeo, 71 F.3d 1044, 1049 (2d Cir. 1995), and that the proposed redactions are narrowly tailored to protect this specific interest. The parties are ordered to file a public version of PX32 complying with this Order. (Signed by Judge P. Kevin Castel on 6/30/2020) (jwh)
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| Filing 244 LETTER addressed to Judge P. Kevin Castel from Charles A. Brown dated June 29, 2020 Document filed by Investor E, Investor Z..(Brown, Charles) |
| Transmission of USCA Mandate/Order to the District Judge re: #243 USCA Mandate. (tp) |
| Filing 243 MANDATE of USCA (Certified Copy) as to #228 Notice of Interlocutory Appeal, filed by Telegram Group Inc., Ton Issuer Inc. USCA Case Number 20-1076. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to FRAP 42. The stipulation is hereby "So Ordered". Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 6/29/2020. (Attachments: #1 Supporting Document). (tp) |
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Filing 242
FINAL JUDGMENT AS TO DEFENDANTS TELEGRAM GROUP INC. AND TON ISSUER INC.: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendants, and Defendants' officers, agents, servants, employees, attorneys, and all persons in active concert or participation with them who receive actual notice of this Final Judgment by personal service or otherwise, are permanently restrained and enjoined from violating Section 5 of the Securities Act of 1933 ("Securities Act") [15 U.S.C. 77e] by, directly or indirectly, in the absence of any applicable exemption: (a) Unless a registration statement is in effect as to a security, making use of any means or instruments of transportation or communication in interstate commerce or of the mails to sell such security through the use or medium of any prospectus or otherwise, and as further set forth in this judgment. IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendants are jointly and severally liable for disgorgement of $1,224,000,000. Defendant Telegram Group Inc. is liable for a civil penalty in the amount of $18,500,000 pursuant to Section 20(d) of the Securities Act, as further set forth in this judgment. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendants' Consents to this Final Judgment, entered into on June 11, 2020, are incorporated herein with the same force and effect as if fully set forth herein, and that Defendants shall comply with all of the undertakings and agreements set forth therein. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court shall retain jurisdiction of this matter for the purposes of enforcing the terms of this Final Judgment. The Clerk shall terminate all motions and close the matter. (Telegram Group Inc. and Ton Issuer Inc. terminated.) (Signed by Judge P. Kevin Castel on 6/26/2020) (jwh)
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| ***NOTICE TO COURT REGARDING PROPOSED JUDGMENT. Document No. #241 Proposed Judgment was reviewed and approved as to form. (km) |
| Filing 241 PROPOSED JUDGMENT. Document filed by Securities and Exchange Commission..(Tenreiro, Jorge) Proposed Judgment to be reviewed by Clerk's Office staff. |
| Filing 240 LETTER addressed to Judge P. Kevin Castel from Securities and Exchange Commission dated June 25, 2020 re: Defendants' Consents to Proposed Final Judgment. Document filed by Securities and Exchange Commission. (Attachments: #1 Consent of Defendant Telegram Group Inc., #2 Consent of Defendant TON Issuer Inc.).(Tenreiro, Jorge) |
| Filing 239 LETTER addressed to Judge P. Kevin Castel from Victor H. Yu dated June 23, 2020 re: June 17, 2020 Opinion and Order. Document filed by Investor X..(Yu, Victor) |
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Filing 238
OPINION AND ORDER re: #148 MOTION to Seal Document, #131 MOTION to Proceed Under Pseudonym, #152 MOTION to Seal, #196 MOTION to Seal, #60 LETTER MOTION to Seal, #143 MOTION to Seal Document, #135 LETTER MOTION to Seal Document, #28 MOTION to Seal Document, #138 LETTER MOTION to Seal Document, #129 MOTION to Proceed Under Pseudonym, #142 MOTION to Seal, #207 MOTION to Seal, #158 LETTER MOTION to Seal, #157 MOTION to Seal, #139 MOTION to Seal Document, #105 MOTION to Seal Document: The Clerk is directed to terminate these motions. (Docs. 28, 60, 105, 129, 131, 135, 138, 139, 142, 143, 148, 152, 157, 158, 196, 207). The parties are directed to confer and then publicly file versions of the relevant documents that are consistent with all of the findings of this Order within 14 days of this Order. (Signed by Judge P. Kevin Castel on 6/17/2020) (jwh)
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| Transmission of USCA Mandate/Order to the District Judge re: #237 USCA Order. (tp) |
| Filing 237 TRUE COPY ORDER of USCA as to #228 Notice of Interlocutory Appeal, filed by Telegram Group Inc., Ton Issuer Inc. USCA Case Number 20-1076. USCA Case Number 20-1076. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to Local Rule 42.1. The stipulation is hereby "So Ordered". Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 5/22/2020. (tp) |
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Filing 236
STIPULATION AND ORDER: NOW, THEREFORE, UPON THE CONSENT OF THE PARTIES IT IS HEREBY ORDERED: (a) The parties shall meet and confer regarding the SEC's discovery requests dated February 4, 2020. Telegram agrees not to object to the discovery requests on the ground of timeliness but otherwise expressly reserves all rights and objections, and as further set forth in this stipulation. (Signed by Judge P. Kevin Castel on 5/8/2020) (jwh)
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| Filing 235 PROPOSED STIPULATION AND ORDER. Document filed by Telegram Group Inc., Ton Issuer Inc...(Drylewski, Alexander) |
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Filing 234
OPINION AND ORDER re: #229 LETTER: In its opposition to the preliminary injunction, Telegram raised no objection to the form of the injunction and never cited the Morrison case. Telegram's application is DENIED. (Signed by Judge P. Kevin Castel on 4/1/2020) (jwh)
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| Filing 233 LETTER addressed to Judge P. Kevin Castel from Securities and Exchange Commission dated March 31, 2020 re: Telegram's Motion for Reconsideration. Document filed by Securities and Exchange Commission..(Tenreiro, Jorge) |
| Filing 232 LETTER addressed to Judge P. Kevin Castel from Alexander C. Drylewski dated March 31, 2020 re: In Support of Our March 27, 2020 Letter (ECF 229) and in Response to the SECs Letter (ECF 230). Document filed by Telegram Group Inc., Ton Issuer Inc...(Drylewski, Alexander) |
| Filing 231 ***SELECTED PARTIES*** LETTER addressed to Judge P. Kevin Castel from Securities and Exchange Commission dated March 30, 2020 re: Telegram's Request to Modify Injunction. Document filed by Ton Issuer Inc., Telegram Group Inc., Securities and Exchange Commission. (Attachments: #1 Exhibit A, #2 Exhibit B)Motion or Order to File Under Seal: #108 .(Tenreiro, Jorge) |
| Filing 230 LETTER addressed to Judge P. Kevin Castel from Securities and Exchange Commission dated March 30, 2020 re: Telegram's Request to Modify Injunction. Document filed by Securities and Exchange Commission..(Tenreiro, Jorge) |
| Filing 229 LETTER addressed to Judge P. Kevin Castel from Alexander C. Drylewski dated March 27, 2020 re: Clarification of March 24, 2020 Order. Document filed by Telegram Group Inc., Ton Issuer Inc...(Drylewski, Alexander) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #228 Notice of Interlocutory Appeal, filed by Telegram Group Inc., Ton Issuer Inc. were transmitted to the U.S. Court of Appeals. (tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #228 Notice of Interlocutory Appeal. (tp) |
| Filing 228 NOTICE OF INTERLOCUTORY APPEAL from #227 Memorandum & Opinion. Document filed by Telegram Group Inc., Ton Issuer Inc.. Filing fee $ 505.00, receipt number ANYSDC-19218012. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Drylewski, Alexander) |
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Filing 227
OPINION AND ORDER re: #3 EMERGENCY MOTION for Temporary Restraining Order: Plaintiff's motion for a preliminary injunction, (Doc. 3), is GRANTED. (Signed by Judge P. Kevin Castel on 3/24/2020) (jwh)
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| Filing 226 LETTER addressed to Judge P. Kevin Castel from Securities and Exchange Commission dated March 9, 2020 re: Defendants' March 6, 2020 Letter. Document filed by Securities and Exchange Commission..(Tenreiro, Jorge) |
| Filing 225 LETTER addressed to Judge P. Kevin Castel from Alexander C. Drylewski dated March 6, 2020 re: March 3, 2020 Decision of the California Court of Appeal, Second Division. Document filed by Telegram Group Inc., Ton Issuer Inc...(Drylewski, Alexander) |
| Filing 224 NOTICE OF CHANGE OF ADDRESS by George Abraham Zimmerman on behalf of Telegram Group Inc., Ton Issuer Inc.. New Address: Skadden, Arps, Slate, Meagher & Flom LLP, One Manhattan West, New York, New York, 10001-8602,..(Zimmerman, George) |
| Filing 223 ***SELECTED PARTIES*** LETTER addressed to Judge P. Kevin Castel from Alison R. Levine dated February 26, 2020 re: Filing of Additional Exhibits for the Public Record. Document filed by Ton Issuer Inc., Telegram Group Inc., Securities and Exchange Commission. (Attachments: #1 Exhibit PX15 to #122 Stewart Decl., #2 Exhibit PX37 to #122 Stewart Decl., #3 Exhibit PX59 to #122 Stewart Decl., #4 Exhibit PX91 to #122 Stewart Decl., #5 Exhibit PX146 to #123 Stewart Decl., #6 Exhibit 3 to #43 Letters Rogatory, #7 Exhibit 4 to #43 Letters Rogatory, #8 Exhibit 5 to #43 Letters Rogatory, #9 Exhibit 6 to #43 Letters Rogatory, #10 Exhibit 7 to #43 Letters Rogatory, #11 Exhibit 8 to #43 Letters Rogatory, #12 Exhibit 9 to #43 Letters Rogatory, #13 Exhibit 10 to #43 Letters Rogatory, #14 Exhibit 11 to #43 Letters Rogatory, #15 Exhibit 12 to #43 Letters Rogatory, #16 Exhibit 13 to #43 Letters Rogatory, #17 Exhibit 14 to #43 Letters Rogatory, #18 Exhibit 15 to #43 Letters Rogatory, #19 Exhibit 16 to #43 Letters Rogatory, #20 Exhibit G to #124 McGrath Decl., #21 Exhibit M to #124 McGrath Decl., #22 Exhibit N to #124 McGrath Decl.)Motion or Order to File Under Seal: #36 .(Levine, Alison) |
| Filing 222 LETTER addressed to Judge P. Kevin Castel from Alison R. Levine dated February 26, 2020 re: Filing of Additional Exhibits for the Public Record. Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit PX15 to #122 Stewart Decl., #2 Exhibit PX42 to #122 Stewart Decl., #3 Exhibit PX50 to #122 Stewart Decl., #4 Exhibit PX56 to #122 Stewart Decl., #5 Exhibit PX59 to #122 Stewart Decl., #6 Exhibit PX91 to #122 Stewart Decl., #7 Exhibit PX103 to #122 Stewart Decl., #8 Exhibit PX104 to #122 Stewart Decl., #9 Exhibit PX146 to #123 Stewart Decl., #10 Exhibit Emergency Motion for Issuance of Letters Rogatory as to John Hyman #43 , #11 Exhibit Ex. 1 to #43 Letters Rogatory, #12 Exhibit Ex. 2 to #43 Letters Rogatory, #13 Exhibit Ex. 3 to #43 Letters Rogatory, #14 Exhibit Ex. 4 to #43 Letters Rogatory, #15 Exhibit Ex. 5 to #43 Letters Rogatory, #16 Exhibit Ex. 6 to #43 Letters Rogatory, #17 Exhibit Ex. 8 to #43 Letters Rogatory, #18 Exhibit Ex. 9 to #43 Letters Rogatory, #19 Exhibit Ex. 10 to #43 Letters Rogatory, #20 Exhibit Ex. 11 to #43 Letters Rogatory, #21 Exhibit Ex. 12 to #43 Letters Rogatory, #22 Exhibit Ex. 13 to #43 Letters Rogatory, #23 Exhibit Ex. 14 to #43 Letters Rogatory, #24 Exhibit Ex. 15 to #43 Letters Rogatory, #25 Exhibit Ex. 16 to #43 Letters Rogatory, #26 Exhibit Ex. G to #124 McGrath Decl., #27 Exhibit Ex. M to #124 McGrath Decl., #28 Exhibit Ex. N to #124 McGrath Decl.).(Levine, Alison) |
| Filing 221 AFFIDAVIT of Fedor Skuratov in Support re: #204 Order on Motion for Leave to File Document,,,,,,,,,. Document filed by TON Community Foundation..(Joffe, Dimitry) |
| Filing 220 ***SELECTED PARTIES***LETTER REPLY to Response to Motion addressed to Judge P. Kevin Castel from Christopher P. Malloy dated February 24, 2020 re: #158 LETTER MOTION to Seal Document addressed to Judge P. Kevin Castel from Christopher P. Malloy dated February 4, 2020. . Document filed by Telegram Group Inc., Ton Issuer Inc., Securities and Exchange Commission. (Attachments: #1 Exhibit 2 to the Drylewski Declaration (ECF 73-2), #2 Exhibit 10 to the Drylewski Declaration (ECF 73-10), #3 Exhibit 3 to the Malloy Declaration (ECF 94-3), #4 Exhibit N to the McGrath Declaration (ECF No. 83-14), #5 Exhibits A-G to Exhibit 1 to Stewart Declaration (ECF 122-1), #6 Exhibit 15 to Stewart Declaration (ECF 122-15), #7 Exhibit 25 to Stewart Declaration (ECF 122-25), #8 Exhibit 34 to Stewart Declaration (ECF 122-29), #9 Exhibit 58 to Stewart Declaration (ECF 122-49), #10 Exhibit 115 to Stewart Declaration (ECF 188-22))Motion or Order to File Under Seal: #158 .(Malloy, Christopher) |
| Filing 219 LETTER REPLY to Response to Motion addressed to Judge P. Kevin Castel from Christopher P. Malloy dated February 24, 2020 re: #158 LETTER MOTION to Seal Document addressed to Judge P. Kevin Castel from Christopher P. Malloy dated February 4, 2020. . Document filed by Telegram Group Inc., Ton Issuer Inc.. (Attachments: #1 Modified Appendix A, #2 Exhibit 2 to the Drylewski Declaration (ECF 73-2), #3 Exhibit 10 to the Drylewski Declaration (ECF 73-10), #4 Exhibit 3 to the Malloy Declaration (ECF 94-3), #5 Exhibit 8 to the Malloy Declaration (ECF 94-8), #6 Exhibit N to the McGrath Declaration (ECF No. 83-14), #7 Exhibits A-G to Exhibit 1 to Stewart Declaration (ECF 122-1), #8 Exhibit 15 to Stewart Declaration (ECF 122-15), #9 Exhibit 25 to Stewart Declaration (ECF 122-25), #10 Exhibit 34 to Stewart Declaration (ECF 122-29), #11 Exhibit 58 to Stewart Declaration (ECF 122-49)).(Malloy, Christopher) |
| Filing 218 REPLY MEMORANDUM OF LAW in Support re: #142 MOTION to Seal . . Document filed by Investor B..(Murphy, Patrick) |
| Filing 217 REPLY to Response to Motion re: #143 MOTION to Seal Document (Proposed Redacted Material). . Document filed by Investor I..(Escobar, Andrew) |
| Filing 216 REPLY to Response to Motion re: #148 MOTION to Seal Document . . Document filed by Investor X..(Yu, Victor) |
| Filing 215 ***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #157 MOTION to Seal . . Document filed by Investor E, Securities and Exchange Commission, Telegram Group Inc., Ton Issuer Inc.. (Attachments: #1 Exhibit A)Motion or Order to File Under Seal: #157 .(Brown, Charles) |
| Filing 214 REPLY MEMORANDUM OF LAW in Support re: #157 MOTION to Seal . (Redacted). Document filed by Investor E. (Attachments: #1 Exhibit A).(Brown, Charles) |
| Filing 213 ***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #152 MOTION to Seal . . Document filed by Investor Z, Securities and Exchange Commission, Telegram Group Inc., Ton Issuer Inc.. Motion or Order to File Under Seal: #152 .(Brown, Charles) |
| Filing 212 REPLY MEMORANDUM OF LAW in Support re: #152 MOTION to Seal . (Redacted). Document filed by Investor Z..(Brown, Charles) |
| Filing 211 REPLY to Response to Motion re: #105 MOTION to Seal Document . . Document filed by Investor F..(Bowman, Philip) |
| Minute Entry for proceedings held before Judge P. Kevin Castel: Oral Argument held on 2/19/2020 re: Preliminary Injunction and Summary Judgment. Appearing for plaintiff, Jorge Tenreiro, Kevin McGrath, Alison Levine and Ladan Stewart. Appearing for defendants, Alexander Drylewski, Scott Musoff, Christopher Malloy and Tania Charmani. Upon consent of the parties, the injunction in Roman numeral I. of the October 21, 2019 Stipulation and Consent Order, (Doc. 23), is extended pending determination of the motion for a preliminary injunction and other appropriate relief. Oral argument heard. Decision reserved. (Court Reporter Karen Gorlaski) (Nacanther, Florence) |
| Filing 210 ***SELECTED PARTIES***DECLARATION in Support re: #207 MOTION to Seal .. Document filed by Investor F, Securities and Exchange Commission, Telegram Group Inc., Ton Issuer Inc.. (Attachments: #1 Exhibit 1 - Proposed Redactions to Exhibit B)Motion or Order to File Under Seal: #207 .(Bowman, Philip) |
| Filing 209 DECLARATION in Support re: #207 MOTION to Seal .. Document filed by Investor F. (Attachments: #1 Exhibit 1 - Proposed Redactions to Exhibit B *Filed Under Seal*).(Bowman, Philip) |
| Filing 208 MEMORANDUM OF LAW in Support re: #207 MOTION to Seal . . Document filed by Investor F..(Bowman, Philip) |
| Filing 207 MOTION to Seal . Document filed by Investor F. (Attachments: #1 Text of Proposed Order).(Bowman, Philip) |
| Filing 206 LETTER REPLY to Response to Motion addressed to Judge P. Kevin Castel from Eva Ciko Carman dated February 18, 2020 re: #135 LETTER MOTION to Seal Document (Proposed Redacted Material) addressed to Judge P. Kevin Castel from Eva Ciko Carman dated February 4, 2020. . Document filed by Investor A..(Carman, Eva) |
| Filing 205 LETTER REPLY to Response to Motion addressed to Judge P. Kevin Castel from Eva Ciko Carman dated February 18, 2020 re: #138 LETTER MOTION to Seal Document (Proposed Redacted Material) addressed to Judge P. Kevin Castel from Eva Ciko Carman dated February 4, 2020. . Document filed by Investor H..(Carman, Eva) |
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Filing 204
ORDER: granting #192 Motion for Leave to File Document; granting #195 Motion for Leave to File Document. In connection with its consideration of the TON Community Foundation's Motions for Leave to File an Amicus Brief and a Correct Amicus Brief, (Docs. 192, 195), the Court orders that the TON Community Foundation submit an affidavit providing more detail on the identity of the TON Community Foundation as well as the provenance of its offered amicus brief. Specifically, the affidavit should contain information related to the following subjects: The place and form of organization of the TON Community Foundation; The identity of the TON Community Foundation's corporate parents, affiliates, and/or subsidiaries (if any) as well as any individual(s) with a controlling stake or ownership share of greater than 10%; and Whether any party or its lawyers or law firm drafted, commented on, or reviewed the offered amicus brief. SO ORDERED. (Signed by Judge P. Kevin Castel on 2/18/2020) (ama)
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| Filing 203 LETTER addressed to Judge P. Kevin Castel from Robert A. Schwartz dated February 18, 2020 re: SEC v. Telegram Group Inc., et al.. Document filed by Commodity Futures Trading Commission..(Schwartz, Robert) |
| Filing 202 BRIEF re: #195 MOTION for Leave to File Corrected Amicus Brief ., #192 MOTION for Leave to File Amicus Brief . SEC letter brief in opposition to motion for leave to file amicus brief. Document filed by Securities and Exchange Commission..(McGrath, Kevin) |
| Filing 201 LETTER addressed to Judge P. Kevin Castel from Ladan F. Stewart dated February 18, 2020 re: Record Supplement. Document filed by 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, #11 Exhibit K).(Stewart, Ladan) |
| Filing 200 JOINT LETTER MOTION for Extension of Time addressed to Judge P. Kevin Castel from Christopher P. Malloy dated February 18, 2020. Document filed by Telegram Group Inc., Ton Issuer Inc...(Malloy, Christopher) |
| Filing 199 ***SELECTED PARTIES***NOTICE of Proposed Redactions to Exhibit A to ECF Docket No. 180 re: #196 MOTION to Seal Excerpts of Deposition Transcript (Ex. A to ECF Dkt. No. 180).. Document filed by John Hyman, Securities and Exchange Commission, Telegram Group Inc., Ton Issuer Inc.. Motion or Order to File Under Seal: #196 .(Concannon, Serafina) |
| Filing 198 AFFIDAVIT of John Hyman in Support re: #196 MOTION to Seal Excerpts of Deposition Transcript (Ex. A to ECF Dkt. No. 180).. Document filed by John Hyman..(Concannon, Serafina) |
| Filing 197 MEMORANDUM OF LAW in Support re: #196 MOTION to Seal Excerpts of Deposition Transcript (Ex. A to ECF Dkt. No. 180). . Document filed by John Hyman..(Concannon, Serafina) |
| Filing 196 MOTION to Seal Excerpts of Deposition Transcript (Ex. A to ECF Dkt. No. 180). Document filed by John Hyman. (Attachments: #1 Text of Proposed Order Proposed Order).(Concannon, Serafina) |
| Filing 195 MOTION for Leave to File Corrected Amicus Brief . Document filed by TON Community Foundation. (Attachments: #1 Exhibit Corrected Amicus Brief, #2 Exhibit Corrected Amicus Brief blackline).(Joffe, Dimitry) |
| Filing 194 LETTER addressed to Judge P. Kevin Castel from Alexander C. Drylewski dated February 14, 2020 re: Response to Plaintiff's February 10, 2020 Letter. Document filed by Telegram Group Inc., Ton Issuer Inc.. (Attachments: #1 Exhibit 1 - Hyman Deposition, #2 Exhibit 2 - Durov Deposition, #3 Exhibit 3 - Parekh Deposition).(Drylewski, Alexander) |
| Filing 193 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by TON Community Foundation..(Joffe, Dimitry) |
| Filing 192 MOTION for Leave to File Amicus Brief . Document filed by TON Community Foundation. (Attachments: #1 Exhibit Proposed Amicus Brief).(Joffe, Dimitry) |
| Filing 191 NOTICE OF APPEARANCE by Dimitry Joffe on behalf of TON Community Foundation..(Joffe, Dimitry) |
| Filing 190 LETTER RESPONSE in Opposition to Motion addressed to Judge P. Kevin Castel from Kevin P. McGrath dated February 13, 2020 re: #148 MOTION to Seal Document ., #152 MOTION to Seal ., #135 LETTER MOTION to Seal Document (Proposed Redacted Material) addressed to Judge P. Kevin Castel from Eva Ciko Carman dated February 4, 2020., #142 MOTION to Seal ., #158 LETTER MOTION to Seal Document addressed to Judge P. Kevin Castel from Christopher P. Malloy dated February 4, 2020., #139 MOTION to Seal Document ., #105 MOTION to Seal Document ., #143 MOTION to Seal Document (Proposed Redacted Material)., #138 LETTER MOTION to Seal Document (Proposed Redacted Material) addressed to Judge P. Kevin Castel from Eva Ciko Carman dated February 4, 2020., #157 MOTION to Seal . . Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Levine, Alison) |
| Filing 189 ***SELECTED PARTIES***LETTER RESPONSE in Opposition to Motion addressed to Judge P. Kevin Castel from Kevin P. McGrath dated February 13, 2020 re: #148 MOTION to Seal Document ., #152 MOTION to Seal ., #135 LETTER MOTION to Seal Document (Proposed Redacted Material) addressed to Judge P. Kevin Castel from Eva Ciko Carman dated February 4, 2020., #142 MOTION to Seal ., #158 LETTER MOTION to Seal Document addressed to Judge P. Kevin Castel from Christopher P. Malloy dated February 4, 2020., #139 MOTION to Seal Document ., #105 MOTION to Seal Document ., #143 MOTION to Seal Document (Proposed Redacted Material)., #138 LETTER MOTION to Seal Document (Proposed Redacted Material) addressed to Judge P. Kevin Castel from Eva Ciko Carman dated February 4, 2020., #157 MOTION to Seal . . Document filed by Securities and Exchange Commission, Telegram Group Inc., Ton Issuer Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)Motion or Order to File Under Seal: #36 .(Levine, Alison) |
| Filing 188 ***SELECTED PARTIES*** RESPONSE in Opposition to Motion re: #152 MOTION to Seal ., #135 LETTER MOTION to Seal Document (Proposed Redacted Material) addressed to Judge P. Kevin Castel from Eva Ciko Carman dated February 4, 2020., #142 MOTION to Seal ., #139 MOTION to Seal Document ., #105 MOTION to Seal Document ., #143 MOTION to Seal Document (Proposed Redacted Material)., #138 LETTER MOTION to Seal Document (Proposed Redacted Material) addressed to Judge P. Kevin Castel from Eva Ciko Carman dated February 4, 2020., #157 MOTION to Seal ., #148 MOTION to Seal Document ., #158 LETTER MOTION to Seal Document addressed to Judge P. Kevin Castel from Christopher P. Malloy dated February 4, 2020. . Document filed by Securities and Exchange Commission, Telegram Group Inc., Ton Issuer Inc.. (Attachments: #1 SEC Response and Counter-Statement to #75 Defendants' 56.1 Statement, #2 Exhibit PX1 (Exs. A-G) to #81 Stewart Declaration, #3 Exhibit PX2 (Exs. A-I) to #81 Stewart Declaration, #4 Exhibit PX3 (Exs. A-E) to #81 Stewart Declaration, #5 Exhibit PX4 (Exs.A-E) to #81 Stewart Declaration, #6 Exhibit PX5 & PX5 (Exs. A-B) to #81 Stewart Declaration, #7 Exhibit PX7 (Ex. A) to #81 Stewart Declaration, #8 Exhibit PX8 (Ex. A) to #81 Stewart Declaration, #9 Exhibit PX28 to #81 Stewart Declaration, #10 Exhibit PX30 to #81 Stewart Declaration, #11 Exhibit PX31 to #81 Stewart Declaration, #12 Exhibit PX32 to #81 Stewart Declaration, #13 Exhibit PX33 to #81 Stewart Declaration, #14 Exhibit PX61 to #81 Stewart Declaration, #15 Exhibit PX69 to #81 Stewart Declaration, #16 Exhibit PX70 to #81 Stewart Declaration, #17 Exhibit PX74 to #81 Stewart Declaration, #18 Exhibit PX77 to #81 Stewart Declaration, #19 Exhibit PX101 to #81 Stewart Declaration, #20 Exhibit PX102 to #81 Stewart Declaration, #21 Exhibit PX109 to #81 Stewart Declaration, #22 Exhibit PX115 to #81 Stewart Declaration, #23 Exhibit PX117 to #81 Stewart Declaration, #24 Exhibit PX123 to #81 Stewart Declaration, #25 Exhibit PX136 to #81 Stewart Declaration, #26 Exhibit PX147 to #97 Stewart Declaration, #27 Exhibit PX152 to #97 Stewart Declaration, #28 Exhibit PX194 to #97 Stewart Declaration)Motion or Order to File Under Seal: #158 .(Tenreiro, Jorge) |
| Filing 187 RESPONSE in Opposition to Motion re: #148 MOTION to Seal Document ., #152 MOTION to Seal ., #135 LETTER MOTION to Seal Document (Proposed Redacted Material) addressed to Judge P. Kevin Castel from Eva Ciko Carman dated February 4, 2020., #142 MOTION to Seal ., #158 LETTER MOTION to Seal Document addressed to Judge P. Kevin Castel from Christopher P. Malloy dated February 4, 2020., #139 MOTION to Seal Document ., #105 MOTION to Seal Document ., #143 MOTION to Seal Document (Proposed Redacted Material)., #138 LETTER MOTION to Seal Document (Proposed Redacted Material) addressed to Judge P. Kevin Castel from Eva Ciko Carman dated February 4, 2020., #157 MOTION to Seal . . Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit PX2 (Exs. A-I) to #81 Stewart Declaration, #2 Exhibit PX3 (Exs. A-E) to #81 Stewart Declaration, #3 Exhibit PX4 (Exs. A-E) to #81 Stewart Declaration, #4 Exhibit PX61 to #81 Stewart Declaration, #5 Exhibit PX69 to #81 Stewart Declaration, #6 Exhibit PX70 to #81 Stewart Declaration, #7 Exhibit PX74 to #81 Stewart Declaration, #8 Exhibit PX101 to #81 Stewart Declaration, #9 Exhibit PX102 to #81 Stewart Declaration, #10 Exhibit PX109 to #81 Stewart Declaration, #11 Exhibit PX117 to #81 Stewart Declaration, #12 Exhibit PX147 to #97 Stewart Declaration, #13 Exhibit PX152 to #97 Stewart Declaration).(Tenreiro, Jorge) |
| Filing 186 MEMO ENDORSEMENT on re: #185 Letter filed by Securities and Exchange Commission. ENDORSEMENT: Application Granted. (Set Deadlines/Hearing as to #135 LETTER MOTION to Seal Document: Responses due by 2/13/2020) (Signed by Judge P. Kevin Castel on 2/12/2020) (jwh) |
| Filing 185 LETTER addressed to Judge P. Kevin Castel from Kevin P. McGrath dated February 12, 2020 re: Extension of time to file omnibus response to motions. Document filed by Securities and Exchange Commission..(Levine, Alison) |
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Filing 184
MEMO ENDORSED ORDER granting #84 Motion to File Amicus Brief; granting #90 Motion to File Amicus Brief. ENDORSEMENT: The Motions to File Amicus Briefs submitted by the Chamber of Digital Commerce and the Blockchain Association respectively, (Docs. 84, 90), are granted to the extent that the Court will accept the briefs attached to these applications as filed. SO ORDERED.. (Signed by Judge P. Kevin Castel on 2/12/2020) (rj)
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| Filing 183 MEMO ENDORSEMENT on re: #182 Letter filed by Telegram Group Inc., Ton Issuer Inc. ENDORSEMENT: Provide counter designations and a letter of position by Feb 14. (Signed by Judge P. Kevin Castel on 2/11/2020) (cf) |
| Filing 182 LETTER addressed to Judge P. Kevin Castel from Alexander C. Drylewski dated February 11, 2020 re: Response to SEC Letter Dated February 10, 2020. Document filed by Telegram Group Inc., Ton Issuer Inc...(Drylewski, Alexander) |
| Filing 181 LETTER addressed to Judge P. Kevin Castel from Jorge G. Tenreiro dated 2/10/2020 re: Record Supplement. Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit C, #2 Exhibit D).(Tenreiro, Jorge) |
| Filing 180 ***SELECTED PARTIES*** LETTER addressed to Judge P. Kevin Castel from Jorge G. Tenreiro dated 2/10/2020 re: Record Supplement. Document filed by Ton Issuer Inc., Telegram Group Inc., Securities and Exchange Commission. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)Motion or Order to File Under Seal: #36 .(Tenreiro, Jorge) |
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Filing 179
MEMO ENDORSEMENT on re: #178 Letter filed by Securities and Exchange Commission. ENDORSEMENT: Application Granted. SO ORDERED. (Responses due by 2/12/2020) (Signed by Judge P. Kevin Castel on 2/7/2020) (jca)
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| Filing 178 LETTER addressed to Judge P. Kevin Castel from Kevin P. McGrath dated February 7, 2020 re: Letter seeking permission to file omnibus response to motions by February 12, 2020. Document filed by Securities and Exchange Commission..(Levine, Alison) |
| Filing 177 LETTER addressed to Judge P. Kevin Castel from Alexander C. Drylewski dated February 7, 2020 re: Recent Materials. Document filed by Telegram Group Inc., Ton Issuer Inc...(Drylewski, Alexander) |
| Filing 176 ***SELECTED PARTIES***DECLARATION of Investor I in Support re: #143 MOTION to Seal Document (Proposed Redacted Material).. Document filed by Investor I. Motion or Order to File Under Seal: #108 .(Escobar, Andrew) |
| Filing 175 ***SELECTED PARTIES***DECLARATION of Andrew R. Escobar in Support re: #143 MOTION to Seal Document (Proposed Redacted Material).. Document filed by Investor I. Motion or Order to File Under Seal: #108 .(Escobar, Andrew) |
| Filing 174 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #143 MOTION to Seal Document (Proposed Redacted Material). . Document filed by Investor I. Motion or Order to File Under Seal: #108 .(Escobar, Andrew) |
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Filing 173
ORDER: The Office of General Counsel of the United States Commodities Futures Trading Commission is respectfully invited to express its views on the issues presently before the Court in the above-captioned action in which its interests may be implicated. Leave is granted to file a written submission, which may take the form of a letter. (Signed by Judge P. Kevin Castel on 2/6/2020) Copies Mailed By Chambers. (jwh)
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Filing 172
ORDER: Because the services for the Hon. Deborah Batts will be held on Monday, February 10, 2020, the start of United States v. Bright, 19 cr 521 (PKC), will be delayed by a day. Baring further delays in the Bright trial, the Court will commence the preliminary injunction hearing in this case on February 19, 2020 at 10 a.m., rather than February 18, 2020 at 11 a.m. If more time is required, the Court will schedule it at the hearing. (Status Conference set for 2/19/2020 at 10:00 AM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 2/6/2020) (jwh)
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| Filing 171 ***SELECTED PARTIES***NOTICE of Filing. Document filed by Ton Issuer Inc., Telegram Group Inc., Securities and Exchange Commission. (Attachments: #1 Drylewski Declaration (ECF 73), #2 Exhibit 8 to Drylewski Declaration (ECF 73-8), #3 Exhibit 12 to Drylewski Declaration (ECF 73-12), #4 Exhibit 5 to Malloy Declaration (ECF 94-5), #5 Defendants' Response to Plaintiff's 56.1 Statement (ECF 95), #6 Defendant's Response to Plaintiff's 56.1 Counterstatement (ECF 120), #7 Exhibit 15 to Stewart Declaration (ECF 122-15), #8 Exhibit 43 to Stewart Declaration (ECF 122-37), #9 Exhibit 142 to Stewart Declaration (ECF 123-4), #10 Exhibits to Exhibit 1 to Stewart Declaration (ECF 122), #11 Exhibits to Exhibit 2 to Stewart Declaration (ECF 122), #12 Exhibits to Exhibit 3 to Stewart Declaration (ECF 122), #13 Exhibits to Exhibit 4 to Stewart Declaration (ECF 122), #14 Exhibit 55 to Stewart Declaration (ECF 122), #15 Exhibit 61 to Stewart Declaration (ECF 122), #16 Exhibit 69 to Stewart Declaration (ECF 122), #17 Exhibit 70 to Stewart Declaration (ECF 122), #18 Exhibit 74 to Stewart Declaration (ECF 122), #19 Exhibit 76 to Stewart Declaration (ECF 122), #20 Exhibit 94 to Stewart Declaration (ECF 122), #21 Exhibit 101 to Stewart Declaration (ECF 122), #22 Exhibit 102 to Stewart Declaration (ECF 122), #23 Exhibit 105 to Stewart Declaration (ECF 122), #24 Exhibit 109 to Stewart Declaration (ECF 122), #25 Exhibit 111 to Stewart Declaration (ECF 122), #26 Exhibit 117 to Stewart Declaration (ECF 122), #27 Exhibit 123 to Stewart Declaration (ECF 122), #28 Exhibit 145 to Stewart Declaration (ECF 123), #29 Exhibit 147 to Stewart Declaration (ECF 123), #30 Exhibit 150 to Stewart Declaration (ECF 123), #31 Exhibit 151 to Stewart Declaration (ECF 123), #32 Exhibit 152 to Stewart Declaration (ECF 123), #33 Exhibit 169 to Stewart Declaration (ECF 123), #34 Exhibit 194 to Stewart Declaration (ECF 123), #35 Exhibit 195 to Stewart Declaration (ECF 123), #36 Exhibit 196 to Stewart Declaration (ECF 123))Motion or Order to File Under Seal: #158 .(Drylewski, Alexander) |
| Filing 170 NOTICE of Filing. Document filed by Telegram Group Inc., Ton Issuer Inc.. (Attachments: #1 Drylewski Declaration (ECF 73), #2 Exhibit 8 to Drylewski Declaration (ECF 73-8), #3 Exhibit 12 to Drylewski Declaration (ECF 73-12), #4 Exhibit 5 to Malloy Declaration (ECF 94-5), #5 Defendants' Response to Plaintiff's 56.1 Statement (ECF 95), #6 Defendant's Response to Plaintiff's 56.1 Counterstatement (ECF 120), #7 Exhibit 15 to Stewart Declaration (ECF 122-15), #8 Exhibit 43 to Stewart Declaration (ECF 122-37), #9 Exhibit 142 to Stewart Declaration (ECF 123-4), #10 Exhibits to Exhibit 1 to Stewart Declaration (ECF 122), #11 Exhibits to Exhibit 2 to Stewart Declaration (ECF 122), #12 Exhibits to Exhibit 3 to Stewart Declaration (ECF 122), #13 Exhibits to Exhibit 4 to Stewart Declaration (ECF 122), #14 Exhibit 55 to Stewart Declaration (ECF 122), #15 Exhibit 61 to Stewart Declaration (ECF 122), #16 Exhibit 69 to Stewart Declaration (ECF 122), #17 Exhibit 70 to Stewart Declaration (ECF 122), #18 Exhibit 74 to Stewart Declaration (ECF 122), #19 Exhibit 76 to Stewart Declaration (ECF 122), #20 Exhibit 94 to Stewart Declaration (ECF 122), #21 Exhibit 101 to Stewart Declaration (ECF 122), #22 Exhibit 102 to Stewart Declaration (ECF 122), #23 Exhibit 105 to Stewart Declaration (ECF 122), #24 Exhibit 109 to Stewart Declaration (ECF 122), #25 Exhibit 111 to Stewart Declaration (ECF 122), #26 Exhibit 117 to Stewart Declaration (ECF 122), #27 Exhibit 123 to Stewart Declaration (ECF 122), #28 Exhibit 145 to Stewart Declaration (ECF 123), #29 Exhibit 147 to Stewart Declaration (ECF 123), #30 Exhibit 150 to Stewart Declaration (ECF 123), #31 Exhibit 151 to Stewart Declaration (ECF 123), #32 Exhibit 152 to Stewart Declaration (ECF 123), #33 Exhibit 169 to Stewart Declaration (ECF 123), #34 Exhibit 194 to Stewart Declaration (ECF 123), #35 Exhibit 195 to Stewart Declaration (ECF 123), #36 Exhibit 196 to Stewart Declaration (ECF 123)).(Drylewski, Alexander) |
| Filing 169 ***SELECTED PARTIES***NOTICE of Exhibits Under Seal re: #123 Declaration in Opposition to Motion,,,, #122 Declaration in Support of Motion,,,,,,,,,. Document filed by Ton Issuer Inc., Telegram Group Inc., Securities and Exchange Commission. (Attachments: #1 Stewart Declaration (ECF 122), #2 Stewart Declaration (ECF 123), #3 Exhibit 1 to Stewart Declaration (ECF 122-1), #4 Exhibit 2 to Stewart Declaration (ECF 122-2), #5 Exhibit 3 to Stewart Declaration (ECF 122-3), #6 Exhibit 4 to Stewart Declaration (ECF 122-4), #7 Exhibit 5 to Stewart Declaration (ECF 122-5), #8 Exhibit 6 to Stewart Declaration (ECF 122-6), #9 Exhibit 7 to Stewart Declaration (ECF 122-7), #10 Exhibit 8 to Stewart Declaration (ECF 122-8), #11 Exhibit 12 to Stewart Declaration (ECF 122-12), #12 Exhibit 14 to Stewart Declaration (ECF 122-14), #13 Exhibit 16 to Stewart Declaration (ECF 122-16), #14 Exhibit 17 to Stewart Declaration (ECF 122-17), #15 Exhibit 19 to Stewart Declaration (ECF 122-19), #16 Exhibit 20 to Stewart Declaration (ECF 122-20), #17 Exhibit 21 to Stewart Declaration (ECF 122-21), #18 Exhibit 22 to Stewart Declaration (ECF 122-22), #19 Exhibit 23 to Stewart Declaration (ECF 122-23), #20 Exhibit 24 to Stewart Declaration (ECF 122-24), #21 Exhibit 25 to Stewart Declaration (ECF 122-25), #22 Exhibit 26 to Stewart Declaration (ECF 122-26), #23 Exhibit 29 to Stewart Declaration (ECF 122-28), #24 Exhibit 34 to Stewart Declaration (ECF 122-29), #25 Exhibit 35 to Stewart Declaration (ECF 122-30), #26 Exhibit 37 to Stewart Declaration (ECF 122-32), #27 Exhibit 38 to Stewart Declaration (ECF 122-33), #28 Exhibit 58 to Stewart Declaration (ECF 122-49), #29 Exhibit 71 to Stewart Declaration (ECF 122-58), #30 Exhibit 78 to Stewart Declaration (ECF 122-62), #31 Exhibit 81 to Stewart Declaration (ECF 122-65), #32 Exhibit 82 to Stewart Declaration (ECF 122-66), #33 Exhibit 83 to Stewart Declaration (ECF 122-67), #34 Exhibit 84 to Stewart Declaration (ECF 122-68), #35 Exhibit 85 to Stewart Declaration (ECF 122-69), #36 Exhibit 86 to Stewart Declaration (ECF 122-70), #37 Exhibit 87 to Stewart Declaration (ECF 122-71), #38 Exhibit 89 to Stewart Declaration (ECF 122-73), #39 Exhibit 90 to Stewart Declaration (ECF 122-74), #40 Exhibit 97 to Stewart Declaration (ECF 122-79), #41 Exhibit 98 to Stewart Declaration (ECF 122-80), #42 Exhibit 99 to Stewart Declaration (ECF 122-81), #43 Exhibit 106 to Stewart Declaration (ECF 122-83), #44 Exhibit 110 to Stewart Declaration (ECF 122-86), #45 Exhibit 121 to Stewart Declaration (ECF 122-94), #46 Exhibit 132 to Stewart Declaration (ECF 122-104), #47 Exhibit 134 to Stewart Declaration (ECF 122-106), #48 Exhibit 135 to Stewart Declaration (ECF 122-107), #49 Exhibit 137 to Stewart Declaration (ECF 122-108), #50 Exhibit 149 to Stewart Declaration (ECF 123-7), #51 Exhibit 153 to Stewart Declaration (ECF 123-8), #52 Exhibit 160 to Stewart Declaration (ECF 123-15), #53 Exhibit 161 to Stewart Declaration (ECF 123-16), #54 Exhibit 162 to Stewart Declaration (ECF 123-17), #55 Exhibit 180 to Stewart Declaration (ECF 123-34), #56 Exhibit 199 to Stewart Declaration (ECF 123-49), #57 Exhibit 200 to Stewart Declaration (ECF 123-50))Motion or Order to File Under Seal: #158 .(Drylewski, Alexander) |
| Filing 168 ***SELECTED PARTIES***NOTICE of Exhibits Under Seal re: #121 Declaration in Support of Motion,. Document filed by Ton Issuer Inc., Telegram Group Inc., Securities and Exchange Commission. (Attachments: #1 Exhibit 1 to Musoff Declaration (ECF 121-1), #2 Exhibit 2 to Musoff Declaration (ECF 121-2), #3 Exhibit 3 to Musoff Declaration (ECF 121-3), #4 Exhibit 5 to Musoff Declaration (ECF 121-5), #5 Exhibit 6 to Musoff Declaration (ECF 121-6))Motion or Order to File Under Seal: #158 .(Drylewski, Alexander) |
| Filing 167 ***SELECTED PARTIES***DECLARATION of Christopher P. Malloy in Opposition re: #78 MOTION for Summary Judgment on Liability.. Document filed by Ton Issuer Inc., Telegram Group Inc., Securities and Exchange Commission. (Attachments: #1 Exhibit 1 to Malloy Declaration (ECF 94-1), #2 Exhibit 2 to Malloy Declaration (ECF 94-2), #3 Exhibit 3 to Malloy Declaration (ECF 94-3), #4 Exhibit 4 to Malloy Declaration (ECF 94-4), #5 Exhibit 6 to Malloy Declaration (ECF 94-6), #6 Exhibit 7 to Malloy Declaration (ECF 94-7), #7 Exhibit 8 to Malloy Declaration (ECF 94-8), #8 Exhibit 9 to Malloy Declaration (ECF 94-9), #9 Exhibit 10 to Malloy Declaration (ECF 94-10), #10 Exhibit 11 to Malloy Declaration (ECF 94-11), #11 Exhibit 14 to Malloy Declaration (ECF 94-14), #12 Exhibit 15 to Malloy Declaration (ECF 94-15))Motion or Order to File Under Seal: #158 .(Drylewski, Alexander) |
| Filing 166 ***SELECTED PARTIES***DECLARATION of Kevin P. McGrath in Support re: #69 MOTION for Summary Judgment .. Document filed by Ton Issuer Inc., Telegram Group Inc., Securities and Exchange Commission. (Attachments: #1 Exhibit A to McGrath Declaration (ECF 83-1), #2 Exhibit G to McGrath Declaration (ECF 83-7), #3 Exhibit L to McGrath Declaration (ECF 83-12), #4 Exhibit M to McGrath Declaration (ECF 83-13), #5 Exhibit N to McGrath Declaration (ECF 83-14))Motion or Order to File Under Seal: #158 .(Drylewski, Alexander) |
| Filing 165 ***SELECTED PARTIES***NOTICE of Exhibits Under Seal re: #73 Declaration in Support of Motion,,,,. Document filed by Ton Issuer Inc., Telegram Group Inc., Securities and Exchange Commission. (Attachments: #1 Exhibit 2 to Drylewski Declaration (ECF 73-2), #2 Exhibit 4 to Drylewski Declaration (ECF 73-4), #3 Exhibit 5 to Drylewski Declaration (ECF 73-5), #4 Exhibit 7 to Drylewski Declaration (ECF 73-7), #5 Exhibit 10 to Drylewski Declaration (ECF 73-10), #6 Exhibit 13 to Drylewski Declaration (ECF 73-13))Motion or Order to File Under Seal: #158 .(Drylewski, Alexander) |
| Filing 164 ***SELECTED PARTIES***NOTICE of Exhibits Under Seal re: #122 Declaration in Support of Motion,,,,,,,,,. Document filed by Ton Issuer Inc., Telegram Group Inc., Securities and Exchange Commission. (Attachments: #1 PX 30 Exhibit to Stewart Declaration (ECF No. 122), #2 PX 32 Exhibit to Stewart Declaration (ECF No. 122), #3 PX 33 Exhibit to Stewart Declaration (ECF No. 122), #4 PX 77 Exhibit to Stewart Declaration (ECF No. 122), #5 PX 115 Exhibit to Stewart Declaration (ECF No. 122), #6 PX 136 Exhibit to Stewart Declaration (ECF No. 122))Motion or Order to File Under Seal: #158 .(Drylewski, Alexander) |
| Filing 163 ENDORSED LETTER addressed to Judge P. Kevin Castel from Ladan F. Stewart dated 2/4/2020 re: request the Court's permission to re-file certain attachments to Docket Entry ("D.E.") 124 to redact certain additional information that could potentially identify investors in the Telegram offer. ENDORSEMENT: Application Granted. (Signed by Judge P. Kevin Castel on 2/4/2020) (jwh) |
| Filing 162 ***SELECTED PARTIES***DECLARATION of Investor E in Support re: #157 MOTION to Seal .. Document filed by Investor E, Securities and Exchange Commission, Telegram Group Inc., Ton Issuer Inc.. Motion or Order to File Under Seal: #157 .(Brown, Charles) |
| Filing 161 DECLARATION of Investor E (Redacted) in Support re: #157 MOTION to Seal .. Document filed by Investor E..(Brown, Charles) |
| Filing 160 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #157 MOTION to Seal . . Document filed by Investor E, Securities and Exchange Commission, Telegram Group Inc., Ton Issuer Inc.. (Attachments: #1 Exhibit 1-A, #2 Exhibit 1-B, #3 Exhibit 2-A, #4 Exhibit 2-B, #5 Exhibit 3-A, #6 Exhibit 3-B, #7 Exhibit 4-A, #8 Exhibit 4-B, #9 Exhibit 5-A, #10 Exhibit 5-B, #11 Exhibit 6-A, #12 Exhibit 6-B, #13 Exhibit 7-A, #14 Exhibit 7-B, #15 Exhibit 8-A, #16 Exhibit 8-B)Motion or Order to File Under Seal: #157 .(Brown, Charles) |
| Filing 159 MEMORANDUM OF LAW in Support re: #157 MOTION to Seal . (Redacted). Document filed by Investor E. (Attachments: #1 Exhibit 1-A, #2 Exhibit 1-B, #3 Exhibit 2-A, #4 Exhibit 2-B, #5 Exhibit 3-A, #6 Exhibit 3-B, #7 Exhibit 4-A, #8 Exhibit 4-B, #9 Exhibit 5-A, #10 Exhibit 5-B, #11 Exhibit 6-A, #12 Exhibit 6-B, #13 Exhibit 7-A, #14 Exhibit 7-B, #15 Exhibit 8-A, #16 Exhibit 8-B).(Brown, Charles) |
| Filing 158 LETTER MOTION to Seal Document addressed to Judge P. Kevin Castel from Christopher P. Malloy dated February 4, 2020. Document filed by Telegram Group Inc., Ton Issuer Inc.. (Attachments: #1 Appendix A).(Malloy, Christopher) |
| Filing 157 MOTION to Seal . Document filed by Investor E. (Attachments: #1 Text of Proposed Order).(Brown, Charles) |
| Filing 156 ***SELECTED PARTIES***DECLARATION of Investor Z in Support re: #152 MOTION to Seal .. Document filed by Investor Z, Securities and Exchange Commission, Telegram Group Inc., Ton Issuer Inc.. Motion or Order to File Under Seal: #152 .(Brown, Charles) |
| Filing 155 DECLARATION of Investor Z (Redacted) in Support re: #152 MOTION to Seal .. Document filed by Investor Z..(Brown, Charles) |
| Filing 154 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #152 MOTION to Seal . . Document filed by Investor Z, Securities and Exchange Commission, Telegram Group Inc., Ton Issuer Inc.. (Attachments: #1 Exhibit 1-A, #2 Exhibit 1-B, #3 Exhibit 2-A, #4 Exhibit 2-B, #5 Exhibit 3-A, #6 Exhibit 3-B)Motion or Order to File Under Seal: #152 .(Brown, Charles) |
| Filing 153 MEMORANDUM OF LAW in Support re: #152 MOTION to Seal . (Redacted). Document filed by Investor Z. (Attachments: #1 Exhibit 1-A, #2 Exhibit 1-B, #3 Exhibit 2-A, #4 Exhibit 2-B, #5 Exhibit 3-A, #6 Exhibit 3-B).(Brown, Charles) |
| Filing 152 MOTION to Seal . Document filed by Investor Z. (Attachments: #1 Text of Proposed Order).(Brown, Charles) |
| Filing 151 ***SELECTED PARTIES***DECLARATION of Investor X Representative in Support re: #148 MOTION to Seal Document .. Document filed by Investor X, Securities and Exchange Commission, Telegram Group Inc., Ton Issuer Inc.. Motion or Order to File Under Seal: #148 .(Yu, Victor) |
| Filing 150 DECLARATION of Investor X Representative in Support re: #148 MOTION to Seal Document .. Document filed by Investor X..(Yu, Victor) |
| Filing 149 MEMORANDUM OF LAW in Support re: #148 MOTION to Seal Document . . Document filed by Investor X..(Yu, Victor) |
| Filing 148 MOTION to Seal Document . Document filed by Investor X. (Attachments: #1 Text of Proposed Order).(Yu, Victor) |
| Filing 147 NOTICE OF APPEARANCE by Victor Haohan Yu on behalf of Investor X..(Yu, Victor) |
| Filing 146 DECLARATION of Investor I in Support re: #143 MOTION to Seal Document (Proposed Redacted Material).. Document filed by Investor I..(Escobar, Andrew) |
| Filing 145 DECLARATION of Andrew R. Escobar in Support re: #143 MOTION to Seal Document (Proposed Redacted Material).. Document filed by Investor I..(Escobar, Andrew) |
| Filing 144 MEMORANDUM OF LAW in Support re: #143 MOTION to Seal Document (Proposed Redacted Material). . Document filed by Investor I..(Escobar, Andrew) |
| Filing 143 MOTION to Seal Document (Proposed Redacted Material). Document filed by Investor I. Return Date set for 2/4/2020 at 11:59 PM. (Attachments: #1 Text of Proposed Order).(Escobar, Andrew) |
| Filing 142 MOTION to Seal . Document filed by Investor B. (Attachments: #1 Memorandum of Law, #2 Text of Proposed Order, #3 Affidavit).(Murphy, Patrick) |
| Filing 141 DECLARATION in Support re: #139 MOTION to Seal Document .. Document filed by Investor G..(Roy, Daniel) |
| Filing 140 MEMORANDUM OF LAW in Support re: #139 MOTION to Seal Document . . Document filed by Investor G..(Roy, Daniel) |
| Filing 139 MOTION to Seal Document . Document filed by Investor G. (Attachments: #1 Text of Proposed Order).(Roy, Daniel) |
| Filing 138 LETTER MOTION to Seal Document (Proposed Redacted Material) addressed to Judge P. Kevin Castel from Eva Ciko Carman dated February 4, 2020. Document filed by Investor H. (Attachments: #1 Exhibit A).(Carman, Eva) |
| Filing 137 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Investor G..(Roy, Daniel) |
| Filing 136 NOTICE OF APPEARANCE by Daniel Roy, III on behalf of Investor G..(Roy, Daniel) |
| Filing 135 LETTER MOTION to Seal Document (Proposed Redacted Material) addressed to Judge P. Kevin Castel from Eva Ciko Carman dated February 4, 2020. Document filed by Investor A. (Attachments: #1 Exhibit A).(Carman, Eva) |
| Filing 134 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Investor I..(Escobar, Andrew) |
| Filing 133 NOTICE OF APPEARANCE by Andrew Ramiro Escobar on behalf of Investor I..(Escobar, Andrew) |
| Filing 132 MEMORANDUM OF LAW in Support re: #131 MOTION to Proceed Under Pseudonym . . Document filed by Investor Z..(Brown, Charles) |
| Filing 131 MOTION to Proceed Under Pseudonym . Document filed by Investor Z. (Attachments: #1 Text of Proposed Order).(Brown, Charles) |
| Filing 130 MEMORANDUM OF LAW in Support re: #129 MOTION to Proceed Under Pseudonym . . Document filed by Investor E..(Brown, Charles) |
| Filing 129 MOTION to Proceed Under Pseudonym . Document filed by Investor E. (Attachments: #1 Text of Proposed Order).(Brown, Charles) |
| Filing 128 NOTICE OF APPEARANCE by Patrick Thomas Murphy on behalf of Investor B..(Murphy, Patrick) |
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Filing 127
ORDER withdrawing #126 Motion for Taylor Reeves to Appear Pro Hac Vice: The motion for Taylor Reeves to Appear Pro Hac Vice (Doc. 126) is deemed withdrawn, subject to refilling. The Clerk shall remove this motion from the public docket. (Signed by Judge P. Kevin Castel on 2/4/2020) (jwh)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #126 MOTION for Taylor Reeves to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18668361. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 126 SEALED DOCUMENT (kgo). |
| Filing 125 ENDORSED LETTER addressed to Judge P. Kevin Castel from Kevin P. McGrath dated 1/31/2020 re: Accordingly, the parties respectfully request on behalf of the third-parties that the following docket entries be temporarily sealed pending the Court's adjudication of any motions to seal submitted on February 4, 2020: 43, 44, 95, 99, 114-1, 120. ENDORSEMENT: Application Granted. (Signed by Judge P. Kevin Castel on 1/31/2020) (cf) Transmission to Sealed Records Clerk for processing. |
| Filing 124 DECLARATION of Kevin P. McGrath in Support re: #70 MOTION to Strike First Affirmative Defense.. Document filed by 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, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N).(Tenreiro, Jorge) |
| Filing 123 DECLARATION of Ladan F. Stewart in Opposition re: #69 MOTION for Summary Judgment .. Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit 139, #2 Exhibit 140, #3 Exhibit 141, #4 Exhibit 142, #5 Exhibit 143, #6 Exhibit 144, #7 Exhibit 149, #8 Exhibit 153, #9 Exhibit 154, #10 Exhibit 155, #11 Exhibit 156, #12 Exhibit 157, #13 Exhibit 158, #14 Exhibit 159, #15 Exhibit 160, #16 Exhibit 161, #17 Exhibit 162, #18 Exhibit 163, #19 Exhibit 164, #20 Exhibit 165, #21 Exhibit 166, #22 Exhibit 167, #23 Exhibit 168, #24 Exhibit 170, #25 Exhibit 171, #26 Exhibit 172, #27 Exhibit 173, #28 Exhibit 174, #29 Exhibit 175, #30 Exhibit 176, #31 Exhibit 177, #32 Exhibit 178, #33 Exhibit 179, #34 Exhibit 180, #35 Exhibit 181, #36 Exhibit 182, #37 Exhibit 183, #38 Exhibit 184, #39 Exhibit 185, #40 Exhibit 186, #41 Exhibit 187, #42 Exhibit 188, #43 Exhibit 190, #44 Exhibit 191, #45 Exhibit 192, #46 Exhibit 193, #47 Exhibit 197, #48 Exhibit 198, #49 Exhibit 199, #50 Exhibit 200, #51 Exhibit 201)(Tenreiro, Jorge) |
| Filing 122 DECLARATION of Ladan Stewart in Support re: #78 MOTION for Summary Judgment on Liability.. Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 29, #29 Exhibit 34, #30 Exhibit 35, #31 Exhibit 36, #32 Exhibit 37, #33 Exhibit 38, #34 Exhibit 39, #35 Exhibit 40, #36 Exhibit 41, #37 Exhibit 43, #38 Exhibit 44, #39 Exhibit 45, #40 Exhibit 46, #41 Exhibit 47, #42 Exhibit 48, #43 Exhibit 49, #44 Exhibit 51, #45 Exhibit 52, #46 Exhibit 53, #47 Exhibit 54, #48 Exhibit 57, #49 Exhibit 58, #50 Exhibit 60, #51 Exhibit 62, #52 Exhibit 63, #53 Exhibit 64, #54 Exhibit 65, #55 Exhibit 66, #56 Exhibit 67, #57 Exhibit 68, #58 Exhibit 71, #59 Exhibit 72, #60 Exhibit 73, #61 Exhibit 75, #62 Exhibit 78, #63 Exhibit 79, #64 Exhibit 80, #65 Exhibit 81, #66 Exhibit 82, #67 Exhibit 83, #68 Exhibit 84, #69 Exhibit 85, #70 Exhibit 86, #71 Exhibit 87, #72 Exhibit 88, #73 Exhibit 89, #74 Exhibit 90, #75 Exhibit 92, #76 Exhibit 93, #77 Exhibit 95, #78 Exhibit 96, #79 Exhibit 97, #80 Exhibit 98, #81 Exhibit 99, #82 Exhibit 100, #83 Exhibit 106, #84 Exhibit 107, #85 Exhibit 108, #86 Exhibit 110, #87 Exhibit 112, #88 Exhibit 113, #89 Exhibit 114, #90 Exhibit 116, #91 Exhibit 118, #92 Exhibit 119, #93 Exhibit 120, #94 Exhibit 121, #95 Exhibit 122, #96 Exhibit 124, #97 Exhibit 125, #98 Exhibit 126, #99 Exhibit 127, #100 Exhibit 128, #101 Exhibit 129, #102 Exhibit 130, #103 Exhibit 131, #104 Exhibit 132, #105 Exhibit 133, #106 Exhibit 134, #107 Exhibit 135, #108 Exhibit 137, #109 Exhibit 138)(Tenreiro, Jorge) |
| Filing 121 DECLARATION of Scott D. Musoff in Support re: #69 MOTION for Summary Judgment .. Document filed by Telegram Group Inc., Ton Issuer Inc.. (Attachments: #1 Exhibit 1 - Pavel Durov Deposition Excerpts, #2 Exhibit 2 - January 14, 2018 email, #3 Exhibit 3 - Chat Log, #4 Exhibit 4 - December 17, 2017 email, #5 Exhibit 5 - January 27, 2020 email, #6 Exhibit 6 - Chat log)(Musoff, Scott) |
| Filing 120 RESPONSE re: #99 Counter Statement to Rule 56.1 . Document filed by Telegram Group Inc., Ton Issuer Inc.. (Musoff, Scott) |
| Filing 119 REPLY MEMORANDUM OF LAW in Support re: #69 MOTION for Summary Judgment . . Document filed by Telegram Group Inc., Ton Issuer Inc.. (Musoff, Scott) |
| Filing 118 LETTER addressed to Judge P. Kevin Castel from Ladan F. Stewart dated January 27, 2020 re: Courtesy Copies of Reply Papers. Document filed by Securities and Exchange Commission.(Tenreiro, Jorge) |
| Filing 117 DECLARATION of Maurice Herlihy in Support re: #78 MOTION for Summary Judgment on Liability.. Document filed by Securities and Exchange Commission. (McGrath, Kevin) |
| Filing 116 DECLARATION of Carmen Taveras in Support re: #78 MOTION for Summary Judgment on Liability.. Document filed by Securities and Exchange Commission. (McGrath, Kevin) |
| Filing 115 DECLARATION of Patrick Doody in Support re: #78 MOTION for Summary Judgment on Liability.. Document filed by Securities and Exchange Commission. (McGrath, Kevin) |
| Filing 114 DECLARATION of Alison R. Levine in Support re: #78 MOTION for Summary Judgment on Liability.. Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit 15 (Corrected), #2 Exhibit 114 (Corrected), #3 Exhibit 201 (Corrected))(Levine, Alison) |
| Filing 113 REPLY MEMORANDUM OF LAW in Support re: #78 MOTION for Summary Judgment on Liability. . Document filed by Securities and Exchange Commission. (Tenreiro, Jorge) |
| Filing 112 REPLY MEMORANDUM OF LAW in Support re: #70 MOTION to Strike First Affirmative Defense. . Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Tenreiro, Jorge) |
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Filing 111
ORDER granting #109 Letter Motion for Leave to File Excess Pages: Application Granted. (Signed by Judge P. Kevin Castel on 1/24/2020) (jwh)
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| Filing 110 ENDORSED LETTER addressed to Judge P. Kevin Castel from Alexander C Drylewski dated 1/23/2020 re: request to seal documents. ENDORSEMENT: 1. Please consult the undersigned's practice on communication with Chambers. 2. Please explain why under Lugosh the exhibits ought to be sealed. Application DENIED with out prejudice. (Signed by Judge P. Kevin Castel on 1/23/2020) (jwh) |
| Filing 109 JOINT LETTER MOTION for Leave to File Excess Pages addressed to Judge P. Kevin Castel from Alexander C. Drylewski dated January 24, 2020. Document filed by Telegram Group Inc., Ton Issuer Inc..(Drylewski, Alexander) |
| Filing 108 MEMO ENDORSEMENT on re: #100 Letter filed by Securities and Exchange Commission. ENDORSEMENT: The proposal on p. 2 is approved and adopted. (Signed by Judge P. Kevin Castel on 1/22/2020) (jwh) |
| Filing 107 DECLARATION in Support re: #105 MOTION to Seal Document .. Document filed by Investor F. (Bowman, Philip) |
| Filing 106 MEMORANDUM OF LAW in Support re: #105 MOTION to Seal Document . . Document filed by Investor F. (Bowman, Philip) |
| Filing 105 MOTION to Seal Document . Document filed by Investor F. (Attachments: #1 Text of Proposed Order)(Bowman, Philip) |
| Filing 104 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Investor F.(Bowman, Philip) |
| Filing 103 NOTICE OF APPEARANCE by Philip M. Bowman on behalf of Investor F. (Bowman, Philip) |
| Filing 102 NOTICE of Filing of Modified Redacted Exhibits. Document filed by Telegram Group Inc., Ton Issuer Inc.. (Attachments: #1 Modified Redacted ECF No. 74-1, #2 Modified Redacted ECF No. 81-98)(Drylewski, Alexander) |
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Filing 101
ORDER granting #88 Motion for Benjamin J. Beaton to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence)
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| Filing 100 LETTER addressed to Judge P. Kevin Castel from Alison R. Levine dated January 21, 2020 re: Courtesy Copies of SEC's Papers and Notice to Third Parties. Document filed by Securities and Exchange Commission.(Levine, Alison) |
| Filing 99 COUNTER STATEMENT TO #75 Rule 56.1 Statement. Document filed by Securities and Exchange Commission. (Tenreiro, Jorge) |
| Filing 98 MEMORANDUM OF LAW in Opposition re: #69 MOTION for Summary Judgment ., #3 EMERGENCY MOTION for Temporary Restraining Order , Order to Show Cause, and Granting Other Relief.EMERGENCY MOTION for Preliminary Injunction and Order to Show Cause. . Document filed by Securities and Exchange Commission. (Tenreiro, Jorge) |
| Filing 97 DECLARATION of Ladan F. Stewart in Opposition re: #69 MOTION for Summary Judgment ., #3 EMERGENCY MOTION for Temporary Restraining Order , Order to Show Cause, and Granting Other Relief.EMERGENCY MOTION for Preliminary Injunction and Order to Show Cause.. Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit 139, #2 Exhibit 140, #3 Exhibit 141, #4 Exhibit 142, #5 Exhibit 143, #6 Exhibit 144, #7 Exhibit 149, #8 Exhibit 153, #9 Exhibit 154, #10 Exhibit 155, #11 Exhibit 156, #12 Exhibit 157, #13 Exhibit 158, #14 Exhibit 159, #15 Exhibit 160, #16 Exhibit 161, #17 Exhibit 162, #18 Exhibit 163, #19 Exhibit 164, #20 Exhibit 165, #21 Exhibit 166, #22 Exhibit 167, #23 Exhibit 168, #24 Exhibit 170, #25 Exhibit 171, #26 Exhibit 172, #27 Exhibit 173, #28 Exhibit 174, #29 Exhibit 175, #30 Exhibit 176, #31 Exhibit 177, #32 Exhibit 178, #33 Exhibit 179, #34 Exhibit 180, #35 Exhibit 181, #36 Exhibit 182, #37 Exhibit 183, #38 Exhibit 184, #39 Exhibit 185, #40 Exhibit 186, #41 Exhibit 187, #42 Exhibit 188, #43 Exhibit 190, #44 Exhibit 191, #45 Exhibit 192, #46 Exhibit 193, #47 Exhibit 197, #48 Exhibit 198, #49 Exhibit 199, #50 Exhibit 200, #51 Exhibit 201)(Tenreiro, Jorge) |
| Filing 96 MEMORANDUM OF LAW in Opposition re: #70 MOTION to Strike First Affirmative Defense. . Document filed by Telegram Group Inc., Ton Issuer Inc.. (Musoff, Scott) |
| Filing 95 COUNTER STATEMENT TO #80 Rule 56.1 Statement. Document filed by Telegram Group Inc., Ton Issuer Inc.. (Musoff, Scott) |
| Filing 94 DECLARATION of Christopher P. Malloy in Opposition re: #78 MOTION for Summary Judgment on Liability.. Document filed by Telegram Group Inc., Ton Issuer Inc.. (Attachments: #1 Exhibit 1 - Pavel Durov Deposition Excerpts, #2 Exhibit 2 - Ilya Perekopsky Deposition Excerpts, #3 Exhibit 3 - Shyam Parekh Deposition Excerpts, #4 Exhibit 4 - Durov Deposition Exhibit 41, #5 Exhibit 5 - January 12, 2018 Email, #6 Exhibit 6 - October 30, 2019 Email, #7 Exhibit 7 - Chat Log, #8 Exhibit 8 - January 8, 2019 Email, #9 Exhibit 9 - January 2020 Email and Letter, #10 Exhibit 10 - January 14, 2020 Letter, #11 Exhibit 11 - June 26, 2018 Invoice, #12 Exhibit 12 - October 25, 2019 Email, #13 Exhibit 13 - November 28, 2019 Tweet, #14 Exhibit 14 - June 22, 2018 Agreement, #15 Exhibit 15 - March 2019 Email and February 2019 Letter)(Musoff, Scott) |
| Filing 93 MEMORANDUM OF LAW in Opposition re: #78 MOTION for Summary Judgment on Liability. . Document filed by Telegram Group Inc., Ton Issuer Inc.. (Musoff, Scott) |
| Filing 92 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Blockchain Association.(Bradley, Keith) |
| Filing 91 BRIEF re: #90 MOTION to File Amicus Brief . . Document filed by Blockchain Association.(Bradley, Keith) |
| Filing 90 MOTION to File Amicus Brief . Document filed by Blockchain Association.(Bradley, Keith) |
| Filing 89 NOTICE OF APPEARANCE by Keith Bradley on behalf of Blockchain Association. (Bradley, Keith) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #88 MOTION for Benjamin J. Beaton to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18554876. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 88 MOTION for Benjamin J. Beaton to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18554876. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Blockchain Association. (Attachments: #1 Exhibit Declaration of Benjamin J. Beaton, #2 Exhibit Certificate of Good Standing (DC), #3 Exhibit Certificate of Good Standing (KY), #4 Exhibit Certificate of Good Standing (OH), #5 Text of Proposed Order Text of Proposed Order)(Beaton, Benjamin) |
| Filing 87 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Chamber of Digital Commerce.(Tessler, Lilya) |
| Filing 86 DECLARATION of Lilya Tessler in Support re: #84 MOTION to File Amicus Brief .. Document filed by Chamber of Digital Commerce. (Attachments: #1 Exhibit A- Brief)(Tessler, Lilya) |
| Filing 85 MEMORANDUM OF LAW in Support re: #84 MOTION to File Amicus Brief . . Document filed by Chamber of Digital Commerce. (Tessler, Lilya) |
| Filing 84 MOTION to File Amicus Brief . Document filed by Chamber of Digital Commerce.(Tessler, Lilya) |
| Filing 83 DECLARATION of Kevin P. McGrath in Support re: #70 MOTION to Strike First Affirmative Defense.. Document filed by 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, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N)(Tenreiro, Jorge) |
| Filing 82 LETTER addressed to Judge P. Kevin Castel from Jorge G. Tenreiro dated January 15, 2019 re: Courtesy Copies of SEC's Moving Papers. Document filed by Securities and Exchange Commission.(Tenreiro, Jorge) |
| Filing 81 DECLARATION of Ladan Stewart in Support re: #78 MOTION for Summary Judgment on Liability.. Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 29, #29 Exhibit 34, #30 Exhibit 35, #31 Exhibit 36, #32 Exhibit 37, #33 Exhibit 38, #34 Exhibit 39, #35 Exhibit 40, #36 Exhibit 41, #37 Exhibit 43, #38 Exhibit 44, #39 Exhibit 45, #40 Exhibit 46, #41 Exhibit 47, #42 Exhibit 48, #43 Exhibit 49, #44 Exhibit 51, #45 Exhibit 52, #46 Exhibit 53, #47 Exhibit 54, #48 Exhibit 57, #49 Exhibit 58, #50 Exhibit 60, #51 Exhibit 62, #52 Exhibit 63, #53 Exhibit 64, #54 Exhibit 65, #55 Exhibit 66, #56 Exhibit 67, #57 Exhibit 68, #58 Exhibit 71, #59 Exhibit 72, #60 Exhibit 73, #61 Exhibit 75, #62 Exhibit 78, #63 Exhibit 79, #64 Exhibit 80, #65 Exhibit 81, #66 Exhibit 82, #67 Exhibit 83, #68 Exhibit 84, #69 Exhibit 85, #70 Exhibit 86, #71 Exhibit 87, #72 Exhibit 88, #73 Exhibit 89, #74 Exhibit 90, #75 Exhibit 92, #76 Exhibit 93, #77 Exhibit 95, #78 Exhibit 96, #79 Exhibit 97, #80 Exhibit 98, #81 Exhibit 99, #82 Exhibit 100, #83 Exhibit 106, #84 Exhibit 107, #85 Exhibit 108, #86 Exhibit 110, #87 Exhibit 112, #88 Exhibit 113, #89 Exhibit 114, #90 Exhibit 116, #91 Exhibit 118, #92 Exhibit 119, #93 Exhibit 120, #94 Exhibit 121, #95 Exhibit 122, #96 Exhibit 124, #97 Exhibit 125, #98 Exhibit 126, #99 Exhibit 127, #100 Exhibit 128, #101 Exhibit 129, #102 Exhibit 130, #103 Exhibit 131, #104 Exhibit 132, #105 Exhibit 133, #106 Exhibit 134, #107 Exhibit 135, #108 Exhibit 137, #109 Exhibit 138)(Tenreiro, Jorge) |
| Filing 80 RULE 56.1 STATEMENT. Document filed by Securities and Exchange Commission. (Tenreiro, Jorge) |
| Filing 79 MEMORANDUM OF LAW in Support re: #78 MOTION for Summary Judgment on Liability. . Document filed by Securities and Exchange Commission. (Tenreiro, Jorge) |
| Filing 78 MOTION for Summary Judgment on Liability. Document filed by Securities and Exchange Commission. Responses due by 1/21/2020(Tenreiro, Jorge) |
| Filing 77 DECLARATION of Kevin McGrath in Support re: #70 MOTION to Strike First Affirmative Defense.. Document filed by 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, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N)(Tenreiro, Jorge) |
| Filing 76 MEMORANDUM OF LAW in Support re: #70 MOTION to Strike First Affirmative Defense. . Document filed by Securities and Exchange Commission. (Tenreiro, Jorge) |
| Filing 75 RULE 56.1 STATEMENT. Document filed by Telegram Group Inc., Ton Issuer Inc.. (Musoff, Scott) |
| Filing 74 DECLARATION of Stephen B. McKeon in Support re: #69 MOTION for Summary Judgment .. Document filed by Telegram Group Inc., Ton Issuer Inc.. (Attachments: #1 Exhibit 1 Expert Report of Stephen B. McKeon, #2 Exhibit 2 Expert Rebuttal Report of Stephen B. McKeon)(Drylewski, Alexander) |
| Filing 73 DECLARATION of Alexander C. Drylewski in Support re: #69 MOTION for Summary Judgment .. Document filed by Telegram Group Inc., Ton Issuer Inc.. (Attachments: #1 Exhibit 1, Nordic Business Forum article, #2 Exhibit 2, Pavel Durov Deposition Excerpts, #3 Exhibit 3, Telegram Public Notice, #4 Exhibit 4. Defs.' Second Suppl. R&Os to Interrogatories (Nov. 22, 2019), #5 Exhibit 5. Defs.' Suppl. R&Os to Interrogatories (Jan. 11, 2020), #6 Exhibit 6, Money Services Business Registration, #7 Exhibit 7, Shyam Parekh Deposition Excerpts, #8 Exhibit 8, Ilya Perekopsky Deposition Excerpts, #9 Exhibit 9, Requests for Consent, #10 Exhibit 10. Defs.' First Suppl. R&Os to Interrogatories (Jan. 2, 2020), #11 Exhibit 11, Rep Letter Questionnaire, #12 Exhibit 12, January 22, 2018 Email, #13 Exhibit 13, October 2, 2019 Email, #14 Exhibit 14, Telegram Contest Documents, #15 Exhibit 15, Blockchain Contest, Stage 2, #16 Exhibit 16, Pavel Durov (@durov) Twitter, #17 Exhibit 17, Telegram Messenger Twitter (January 6, 2020), #18 Exhibit 18, Article on Public Notice)(Drylewski, Alexander) |
| Filing 72 NOTICE of Joint Stipulation Of Undisputed Facts re: #69 MOTION for Summary Judgment .. Document filed by Telegram Group Inc., Ton Issuer Inc.. (Attachments: #1 Exhibit Exhibit JX1, Round One Form D, #2 Exhibit Exhibit JX2, Round Two Form D, #3 Exhibit Exhibit JX3, Two Page Teaser, #4 Exhibit Exhibit JX4, Four Page Teaser, #5 Exhibit Exhibit JX5, Round One IOI, #6 Exhibit Exhibit JX6, Round Two IOI, #7 Exhibit Exhibit JX7, Primer, #8 Exhibit Exhibit JX8, Pre-Sale Primer, #9 Exhibit Exhibit JX9, Stage A Primer, #10 Exhibit Exhibit JX10, Round One Process Memorandum, #11 Exhibit Exhibit JX11, Round One Purchase Agreement, #12 Exhibit Exhibit JX12, Round Two Purchase Agreement, #13 Exhibit Exhibit JX13, Telegram Open Network (Jan. 18, 2018), #14 Exhibit Exhibit JX14, Round One Risk Factors, #15 Exhibit Exhibit JX15, Round Two Risk Factors, #16 Exhibit Exhibit JX16, Round One KYC Forms, #17 Exhibit Exhibit JX17, Round Two KYC Forms, #18 Exhibit Exhibit JX18, Telegram Open Network (Dec. 3, 2017), #19 Exhibit Exhibit JX19, Telegram Open Network Blockchain (September 5, 2018) Part One, #20 Exhibit Exhibit JX19, Telegram Open Network Blockchain (September 5, 2018) Part Two, #21 Exhibit Exhibit JX19, Telegram Open Network Blockchain (September 5, 2018) Part Three, #22 Exhibit Exhibit JX19, Telegram Open Network Blockchain (September 5, 2018) Part Four, #23 Exhibit Exhibit JX20, TON Development Status (Sept. 5, 2018), #24 Exhibit Exhibit JX21, Telegram Open Network Virtual Machine (Sept. 5, 2018), #25 Exhibit Exhibit JX22, TON Development Status (Jan. 28, 2019), #26 Exhibit Exhibit JX23, Telegram Open Network (Mar. 2, 2019), #27 Exhibit Exhibit JX24, Telegram Open Network Virtual Machine (Sept. 6, 2019), #28 Exhibit Exhibit JX25, TON Blockchain Validation (Oct. 2, 2019), #29 Exhibit Exhibit JX26, Telegram Open Network Blockchain (Oct. 3, 2019), #30 Exhibit Exhibit JX27, Fift: A Brief Introduction (Oct. 5, 2019), #31 Exhibit Exhibit JX28, Telegram Open Network Virtual Machine (Dec. 12, 2019), #32 Exhibit Exhibit JX29, Article on Blackmoon Crypto)(Musoff, Scott) |
| Filing 71 MEMORANDUM OF LAW in Support re: #69 MOTION for Summary Judgment . And In Opposition To Plaintiff's Application For A Preliminary Injunction. Document filed by Telegram Group Inc., Ton Issuer Inc.. (Musoff, Scott) |
| Filing 70 MOTION to Strike First Affirmative Defense. Document filed by Securities and Exchange Commission. Return Date set for 1/21/2020 at 05:00 PM.(Tenreiro, Jorge) |
| Filing 69 MOTION for Summary Judgment . Document filed by Telegram Group Inc., Ton Issuer Inc..(Musoff, Scott) |
| Filing 68 MEMO ENDORSEMENT on re: #66 Letter filed by Telegram Group Inc., Ton Issuer Inc. ENDORSEMENT: Application granted. (Signed by Judge P. Kevin Castel on 1/13/2020) (jwh) |
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Filing 67
ORDER terminating #65 Letter Motion to Compel: In light of the parties' arguments presented in their letters and during the January 6, 2020 telephonic conference, the Court orders defendants to produce the requested bank records. The bank records may be produced under a Confidentiality Order. Only redactions necessitated by foreign privacy laws shall be permitted and a log stating the basis for any redaction shall be produced at the time the redacted documents are produced. Defendants shall produce the bank records on a rolling basis and shall complete production by February 26, 2020. The Court does not anticipate extending this date nor the existing schedule for the motions for summary judgment or for a preliminary injunction. (Signed by Judge P. Kevin Castel on 1/13/2020) (jwh)
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| Filing 66 LETTER addressed to Judge P. Kevin Castel from Alexander C. Drylewski dated January 13, 2020 re: Joint Request. Document filed by Telegram Group Inc., Ton Issuer Inc..(Drylewski, Alexander) |
| Filing 65 SECOND LETTER MOTION to Compel Telegram Group Inc. and TON Issuer Inc. to Produce Bank Records addressed to Judge P. Kevin Castel from Securities and Exchange Commission dated January 10, 2020. Document filed by Securities and Exchange Commission. Return Date set for 1/15/2020 at 05:00 PM. (Attachments: #1 Exhibit D, #2 Exhibit H)(Tenreiro, Jorge) |
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Filing 64
ORDER: granting #59 Letter Motion for Leave to File Excess Pages. Application Granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 1/10/2020) (ama)
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| Filing 63 LETTER addressed to Judge P. Kevin Castel from Jorge G. Tenreiro dated January 10, 2020 re: Public Exhibits to Previously Filed Motion to Compel. Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit J to January 2, 2020 Motion to Compel, #2 Exhibit K to January 2, 2020 Motion to Compel, #3 Exhibit L to January 2, 2020 Motion to Compel, #4 M to January 2, 2020 Motion to Compel)(Tenreiro, Jorge) |
| Filing 62 LETTER addressed to Judge P. Kevin Castel from Alexander C. Drylewski dated January 9, 2020 re: Estimated schedule for the review of bank records pursuant to this Court's Order of January 6, 2020. Document filed by Telegram Group Inc., Ton Issuer Inc..(Drylewski, Alexander) |
| Filing 61 DECLARATION of Eytan J. Fisch re: #58 Order on Motion to Compel,,,, . Document filed by Telegram Group Inc., Ton Issuer Inc.. (Drylewski, Alexander) |
| Filing 60 LETTER MOTION to Seal Document addressed to Judge P. Kevin Castel from Christopher P. Malloy dated January 9, 2020. Document filed by Telegram Group Inc., Ton Issuer Inc..(Malloy, Christopher) |
| Filing 59 JOINT LETTER MOTION for Leave to File Excess Pages addressed to Judge P. Kevin Castel from Christopher P. Malloy dated January 9, 2020. Document filed by Telegram Group Inc., Ton Issuer Inc..(Malloy, Christopher) |
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Filing 58
ORDER denying without prejudice #52 Letter Motion to Compel: The Court held a telephone conference with parties on January 6, 2020 to address the discovery dispute raised in plaintiff's letter of January 2, 2020. (Doc. 52). (!) The parties agree that an evidentiary hearing is not required to decide the motion for a preliminary injunction, which therefore will be decided on written submissions and oral argument alone. (2) The scheduled depositions may proceed with no restrictions placed on plaintiff's ability to question witnesses regarding the issues raised in plaintiffs January 2 letter. (Doc. 52). (3) The Court denies, without prejudice, plaintiff's application to compel the production of defendant's bank records. (Doc. 52). By January 9, 2020, defendant shall set forth in a declaration a proposed schedule for a review of the requested bank records to ensure that production of such records complies with foreign data privacy laws. (Signed by Judge P. Kevin Castel on 1/6/2020) (jwh)
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| Minute Entry for proceedings held before Judge P. Kevin Castel: Telephone Conference held on 1/6/2020. Appearing for the SEC, Jorge Tenreiro. Appearing for defendants, Alex Drylewski. Telephone conference re: discovery disputes. See, Order. (John Wynne)(Nacanther, Florence) |
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Filing 57
MEMO ENDORSEMENT on re: #55 Letter filed by Telegram Group Inc., Ton Issuer Inc. ENDORSEMENT: The parties shall telephone Chambers on a joint call at 6 pm on January 6, 2020. SO ORDERED. ( Telephone Conference set for 1/6/2020 at 06:00 PM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 1/3/2020) (va) Modified on 1/8/2020 (va).
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Filing 56
ORDER granting #53 Motion for Lilya Tessler to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence)
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| NOTICE: The parties shall telephone Chambers on a joint call at 6PM on January 6, 2020. (Nacanther, Florence) |
| Filing 55 LETTER addressed to Judge P. Kevin Castel from Alexander C. Drylewski dated January 3, 2020 re: Opposition to Letter Motion to Compel. Document filed by Telegram Group Inc., Ton Issuer Inc.. (Attachments: #1 Exhibit 2 - Parties' Email Chain, #2 Exhibit 3 - Pre-Sale Primer, #3 Exhibit 4 - Pre-Sale Purchase Agreement, #4 Exhibit 5 - Risk Factors, #5 Exhibit 6 - Consent Agreement, #6 Exhibit 7 - Parekh Deposition Transcript Excerpts, #7 Exhibit 8 - Defendants' R&OS, #8 Exhibit 9 - Stage A Purchase Agreement)(Drylewski, Alexander) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #53 MOTION for Lilya Tessler to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18414566. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Set/Reset Deadlines as to #52 EMERGENCY LETTER MOTION to Compel Defendants to Produce documents and prepare 30(b)(6) witness regarding use of investor funds: Responses due by 1/3/2020 (jwh) |
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Filing 54
ORDER with respect to #52 Letter Motion to Compel: Defendants shall respond forthwith and no later than the close of business today. (Signed by Judge P. Kevin Castel on 1/3/2020) (jwh)
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| Filing 53 MOTION for Lilya Tessler to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18414566. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Chamber of Digital Commerce. (Attachments: #1 Declaration of Lilya Tessler, #2 Certificate of Good Standing (New York), #3 Certificate of Good Standing (New Jersey), #4 Text of Proposed Order for Admission Pro Hac Vice)(Tessler, Lilya) |
| Filing 52 EMERGENCY LETTER MOTION to Compel Defendants to Produce documents and prepare 30(b)(6) witness regarding use of investor funds addressed to Judge P. Kevin Castel from Jorge G. Tenreiro dated January 2, 2020. Document filed by Securities and Exchange Commission. Return Date set for 1/3/2020 at 05:00 PM. (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)(Tenreiro, Jorge) |
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Filing 51
STIPULATION AND ORDER: NOW, THEREFORE, UPON THE CONSENT OF THE PARTIES: IT IS ORDERED that the briefing scheduling set in Paragraph V of the Order is hereby amended as follows: (a) All opening briefs on any motions for summary judgment under Rule 56 of the Federal Rules of Civil Procedure, any brief in response to Plaintiff's pending application for a preliminary injunction, and any opening brief in support of Plaintiff's motion to strike Defendants affirmative defenses, shall be filed and served no later than January 13, 2020; (b) Any briefs in response to any motion brought under the terms of Paragraph (a) of this Order and any reply brief in support of Plaintiff's pending application for a preliminary injunction or motion to strike shall be filed and served no later than January 21, 2020; and (c) Any reply briefs in further support of any motion brought under the terms of Paragraph (a) of this Order shall be filed and served no later than January 27, 2020. (Motions due by 1/13/2020. Responses due by 1/21/2020. Replies due by 1/27/2020.) (Signed by Judge P. Kevin Castel on 12/20/2019) (jwh)
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| Filing 50 SEALED DOCUMENT placed in vault.(rz) |
| Filing 49 PROPOSED SCHEDULING ORDER. Document filed by Securities and Exchange Commission. (Tenreiro, Jorge) |
| Filing 48 NOTICE OF APPEARANCE by Alison Rose Levine on behalf of Securities and Exchange Commission. (Levine, Alison) |
| Filing 47 FINAL MOTION for Issuance of Letters Rogatory as to John Hyman in Great Britain (Unredacted). Document filed by Securities and Exchange Commission.(Tenreiro, Jorge) |
| Transmission to Orders and Judgments Clerk. Transmitted re: #46 Order on Motion for Issuance of Letters Rogatory, to the Orders and Judgments Clerk. ***PDF was replaced. (mro) |
| Filing 46 MEMO ENDORSEMENT on REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE TO COMPEL EVIDENCE FROM A UNITED KINGDOM WITNESS PURSUANT TO THE 1970 HAGUE CONVENTION ON THE TAKING OF EVIDENCE IN CIVIL AND COMMERCIAL MATTERS granting #43 Motion for Issuance of Letters Rogatory. (Signed by Judge P. Kevin Castel on 12/9/2019) (jwh) Transmission to Orders and Judgments Clerk for processing. (Main Document 46 replaced on 12/11/2019) (mro). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ORDER. Notice to attorney Jorge Tenreiro DO NOT RE-FILE Document No. #44 Proposed Order. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the proposed order is not correct, it is not an Order, these documents are already filed on ECF and attached to Doc. #43 as exhibits. (dt) |
| Filing 45 LETTER addressed to Judge P. Kevin Castel from Jorge G. Tenreiro dated December 6, 2019 re: Unopposed Motion for Letter of Request. Document filed by Securities and Exchange Commission.(Tenreiro, Jorge) |
| Filing 44 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - PROPOSED ORDER. Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Tenreiro, Jorge) Proposed Order to be reviewed by Clerk's Office staff. Modified on 12/6/2019 (dt). |
| Filing 43 EMERGENCY MOTION for Issuance of Letters Rogatory as to John Hyman in Great Britain Unopposed. Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 14, #13 Exhibit 15, #14 Exhibit 16)(Tenreiro, Jorge) |
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Filing 42
ORDER terminating #39 Letter Motion for Extension of Time to File: The SEC's proposed motion to strike is preserved until 14 days after the close of fact discovery unless otherwise extended by Order of this Court. (Signed by Judge P. Kevin Castel on 11/26/2019) (jwh)
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| Filing 41 LETTER addressed to Judge P. Kevin Castel from Alexander C. Drylewski dated November 25, 2019 re: Response to Plaintiff's letter motion, dated November 25, 2019, (ECF No. 39). Document filed by Telegram Group Inc., Ton Issuer Inc..(Drylewski, Alexander) |
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Filing 40
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys for the parties to this action, and pursuant to Fed. R. Civ. P. 29(a) and 30(b)(4), that: 1. The deposition of the 30(b)(6) witness for Defendants Telegram Group Inc. and TON Issuer Inc. will be taken on January 7, 2020 (the "30(b)(6) Deposition"). The deposition of Pavel Durov in his personal capacity will be taken on January 7 or 8, 2020, as necessary (the "Durov Deposition"), and as further set forth in this stipulation. (Signed by Judge P. Kevin Castel on 11/25/2019) (jwh)
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| Filing 39 LETTER MOTION for Extension of Time to File Motion to Strike Affirmative Defense addressed to Judge P. Kevin Castel from Securities and Exchange Commission dated November 25, 2019. Document filed by Securities and Exchange Commission.(Tenreiro, Jorge) |
| Filing 38 PROPOSED STIPULATION AND ORDER. Document filed by Securities and Exchange Commission. (Tenreiro, Jorge) |
| Filing 37 ANSWER to #1 Complaint. Document filed by Telegram Group Inc., Ton Issuer Inc..(Musoff, Scott) |
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Filing 36
STIPULATION AND PROTECTIVE ORDER regarding procedures to be followed that shall govern the handling of confidential material. (Signed by Judge P. Kevin Castel on 11/12/2019) (jwh)
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| Filing 35 PROPOSED PROTECTIVE ORDER. Document filed by Telegram Group Inc., Ton Issuer Inc.. (Drylewski, Alexander) |
| Filing 34 NOTICE OF APPEARANCE by Ladan Fazlollahi Stewart on behalf of Securities and Exchange Commission. (Stewart, Ladan) |
| Filing 33 WAIVER OF SERVICE RETURNED EXECUTED. Ton Issuer Inc. waiver sent on 10/18/2019, answer due 1/16/2020. Document filed by Securities and Exchange Commission. (Tenreiro, Jorge) |
| Filing 32 WAIVER OF SERVICE RETURNED EXECUTED. Telegram Group Inc. waiver sent on 10/18/2019, answer due 1/16/2020. Document filed by Securities and Exchange Commission. (Tenreiro, Jorge) |
| Filing 31 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNECE proceeding held on 10/18/19 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 30 TRANSCRIPT of Proceedings re: CONFERENCE held on 10/18/2019 before Judge P. Kevin Castel. Court Reporter/Transcriber: Michael McDaniel, (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 11/19/2019. Redacted Transcript Deadline set for 11/29/2019. Release of Transcript Restriction set for 1/27/2020.(McGuirk, Kelly) |
| Filing 29 LETTER addressed to Judge P. Kevin Castel from Kevin P. McGrath dated October 24, 2019 re: Delivery of Exhibits to McGrath Declaration to Chambers for In Camera Review. Document filed by Securities and Exchange Commission.(McGrath, Kevin) |
| Filing 28 MOTION to Seal Document and File Redacted Copies on ECF. Document filed by Securities and Exchange Commission. (Attachments: #1 Memorandum of Law in Support of Motion to Seal Certain Documents, #2 Declaration of Kevin P. McGrath, #3 Text of Proposed Order)(McGrath, Kevin) |
| Set/Reset Deadlines: Motions due by 10/23/2019. (cf) |
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Filing 27
ORDER granting #26 Letter Motion for Extension of Time to File. Application granted. (Signed by Judge P. Kevin Castel on 10/21/2019) (cf)
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| Set/Reset Deadlines: Motions due by 1/3/2020. Responses due by 1/17/2020. Replies due by 1/27/2020. (jwh) |
| Filing 26 SECOND LETTER MOTION for Extension of Time to File Motion to Seal and Redact Documents on ECF addressed to Judge P. Kevin Castel from Kevin P. McGrath dated October 21, 2019. Document filed by Securities and Exchange Commission.(McGrath, Kevin) |
| Filing 25 ELECTRONIC SUMMONS ISSUED as to Ton Issuer Inc.. (dnh) |
| Filing 24 ELECTRONIC SUMMONS ISSUED as to Telegram Group Inc.. (dnh) |
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Filing 23
STIPULATION AND CONSENT ORDER: NOW, THEREFORE, UPON THE CONSENT OF THE PARTIES: IT IS ORDERED that Defendants shall not offer, sell, deliver, or distribute "Grams" to any person or entity, until the conclusion of the hearing scheduled by the Court for February 18 and 19, 2020 ("Hearing"), except upon further order of the Court or agreement of the parties. At the Hearing, any party may move the Court for the continuation or dissolution of this Order, and as further set forth in this stipulation. (Signed by Judge P. Kevin Castel on 10/21/2019) (jwh)
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| Filing 22 PROPOSED STIPULATION AND ORDER. Document filed by Securities and Exchange Commission. (Tenreiro, Jorge) |
| Filing 21 REQUEST FOR WAIVER OF SERVICE. Document filed by Securities and Exchange Commission. Request for Waiver Mailed on 10/18/2019. Waiver of Service due by 12/17/2019. (Tenreiro, Jorge) |
| Filing 20 REQUEST FOR WAIVER OF SERVICE sent to Telegram Group Inc.. Document filed by Securities and Exchange Commission. Request for Waiver Mailed on 10/18/2019. Waiver of Service due by 12/17/2019. (Tenreiro, Jorge) |
| Filing 19 REQUEST FOR ISSUANCE OF SUMMONS as to TON Issuer Inc., re: #1 Complaint. Document filed by Securities and Exchange Commission. (Tenreiro, Jorge) |
| Filing 18 REQUEST FOR ISSUANCE OF SUMMONS as to Telegram Group Inc., re: #1 Complaint. Document filed by Securities and Exchange Commission. (Tenreiro, Jorge) |
| Minute Entry for proceedings held before Judge P. Kevin Castel: Case Management Conference held on 10/18/2019. Schedules set. Briefing to be completed by January 27, 2020. Preliminary Injunction Hearing is scheduled for February 18, 2020 at 11:00 a.m. and will continue February 19, 2020 at 10:00 a.m. (Court Reporter Michael McDaniel) (Nacanther, Florence) |
| Filing 17 LETTER MOTION for Extension of Time to File Motion to Seal and Redact Documents on ECF addressed to Judge P. Kevin Castel from Kevin P. McGrath. Document filed by Securities and Exchange Commission.(McGrath, Kevin) |
| Filing 16 DECLARATION of Daphna Waxman in Support re: #3 EMERGENCY MOTION for Temporary Restraining Order , Order to Show Cause, and Granting Other Relief.EMERGENCY MOTION for Preliminary Injunction and Order to Show Cause.. Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D-1, #5 Exhibit D-2, #6 Exhibit D-3, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K-1, #14 Exhibit K-2, #15 Exhibit K-3, #16 Exhibit K-4, #17 Exhibit T, #18 Exhibit U, #19 Exhibit V, #20 Exhibit W, #21 Exhibit X, #22 Exhibit Z, #23 Exhibit BB, #24 Exhibit CC, #25 Exhibit DD, #26 Exhibit EE, #27 Exhibit FF)(McGrath, Kevin) |
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Filing 15
ORDER: The Court will hold a conference on October 18, 2019 at 10:30 am to address all procedural and scheduling matters, including the scope and timing of discovery, as further set forth in this order. (Status Conference set for 10/18/2019 at 10:30 AM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 10/17/2019) (jwh)
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| Filing 14 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Telegram Group Inc. for Ton Issuer Inc.; Corporate Parent No Corporate Parent for Telegram Group Inc.. Document filed by Telegram Group Inc., Ton Issuer Inc..(Drylewski, Alexander) |
| Filing 13 NOTICE OF APPEARANCE by Alexander C Drylewski on behalf of Telegram Group Inc., Ton Issuer Inc.. (Drylewski, Alexander) |
| Filing 12 NOTICE OF APPEARANCE by Christopher P. Malloy on behalf of Telegram Group Inc., Ton Issuer Inc.. (Malloy, Christopher) |
| Filing 11 NOTICE OF APPEARANCE by Scott D. Musoff on behalf of Telegram Group Inc., Ton Issuer Inc.. (Musoff, Scott) |
| Filing 10 NOTICE OF APPEARANCE by George Abraham Zimmerman on behalf of Telegram Group Inc., Ton Issuer Inc.. (Zimmerman, George) |
| Filing 9 LETTER addressed to Judge P. Kevin Castel from Jorge G. Tenreiro dated 10/17/2019 re: Defendants' Opposition to SEC's Request for Interim Relief. Document filed by Securities and Exchange Commission.(Tenreiro, Jorge) |
| Filing 8 DECLARATION of Alexander C. Drylewski in Opposition re: #3 EMERGENCY MOTION for Temporary Restraining Order , Order to Show Cause, and Granting Other Relief.EMERGENCY MOTION for Preliminary Injunction and Order to Show Cause.. Document filed by Telegram Group Inc., Ton Issuer Inc.. (Attachments: #1 Exhibit A - October 16, 2019 email from Alexander C. Drylewski to Jorge Tenreiro and Kevin McGrath, #2 Exhibit B - October 16, 2019 email from Jorge Tenreiro to Alexander C. Drylewski, #3 Exhibit C - Subpoenas sent on behalf of the SEC to Defendants on October 11, 2019 and October 16, 2019, #4 Exhibit D - Proposed Order)(Zimmerman, George) |
| Filing 7 RESPONSE in Opposition to Motion re: #3 EMERGENCY MOTION for Temporary Restraining Order , Order to Show Cause, and Granting Other Relief.EMERGENCY MOTION for Preliminary Injunction and Order to Show Cause. . Document filed by Telegram Group Inc., Ton Issuer Inc.. (Zimmerman, George) |
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Filing 6
ORDER TO SHOW CAUSE, TEMPORARY RESTRAINING ORDER, AND ORDER GRANTING EXPEDITED DISCOVERY AND OTHER RELIEF filed by Securities and Exchange Commission. Defendants shall show cause as to why this Court should not enter an Order pursuant to Rule 65 of the Federal Rules of Civil Procedure and Section 20(b) of the Securities Act preliminarily enjoining Defendants and each of their respective agents, servants, employees, attorneys and other persons in active concert or participation with each of them who receive actual notice of the injunction by personal service or otherwise, from any ongoing and future violations of Sections 5(a) and 5(c) of the Securities Act, including but not limited to by delivering Grams to any person or entity or taking any other steps to effect any unregistered offer or sale of Grams. IT IS FURTHER ORDERED that, pending a hearing and determination of the Commission's Application, Defendants, and each of their respective agents, servants, employees, attorneys and other persons in active concert or participation with each of them who receive actual notice of the injunction by personal service or otherwise, are temporarily enjoined and restrained from any ongoing and future violations of Sections 5(a) and 5(c) of the Securities Act, by: (a) without a registration statement in effect as to that security, making use of the means and instruments of transportation or communications in interstate commerce and of the mails to sell securities through the use or means of a prospectus or otherwise; and as further set forth in this order. IT IS FURTHER ORDERED that discovery is expedited as follows: pursuant to Rules 26, 30, 31, 33, 34, 36, and 45 of the Federal Rules of Civil Procedure, and without the requirement of a meeting pursuant to Fed. R. Civ. P. 26(f), and without regard to the limitations of Federal Rules of Civil Procedure 30(a)(2), 30(d), 31(a)(2), and 33(a)(1): (1) the Commission may take the depositions on three (3) calendar days' notice (2) the Commission may obtain the production of documents within four (4) days from by email, facsimile or otherwise, of Defendants' representatives and of representatives of any United States purchasers of Grams; and service by email, facsimile or otherwise of a request or subpoena, from the Defendants or from any United States purchasers of Grams. IT IS FURTHER ORDERED that a copy of this Order and the papers supporting the Commission's Application be served upon Defendants on or before 7pm October 11, 2019 by personal deliver and overnight courier to Defendants' attorney Colleen P. Mahoney, Esq., of Skadden, Arps, Slate, Meagher & Flom, LLP, at 1440 New York Avenue, NW Washington, DC 20005 and by email to colleen.mahoney@skadden.com, and to Defendants' principals by email at ceo@telegram.org or pavel@telegram.org. Show Cause Hearing set for 10/24/2019 at 11:00 AM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel. Defendants shall file on ECF with courtesy copy to chambers Show Cause Response by 10/18/2019. Commission shall file Replies by 10/22/2019 with courtesy copies to chambers.. (Signed by Judge P. Kevin Castel on 10/11/2019) (jwh)
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| Filing 5 DECLARATION of Jorge G. Tenreiro in Support re: #3 EMERGENCY MOTION for Temporary Restraining Order , Order to Show Cause, and Granting Other Relief.EMERGENCY MOTION for Preliminary Injunction and Order to Show Cause.. Document filed by Securities and Exchange Commission. (Tenreiro, Jorge) |
| Filing 4 MEMORANDUM OF LAW in Support re: #3 EMERGENCY MOTION for Temporary Restraining Order , Order to Show Cause, and Granting Other Relief.EMERGENCY MOTION for Preliminary Injunction and Order to Show Cause. . Document filed by Securities and Exchange Commission. (Tenreiro, Jorge) |
| Filing 3 EMERGENCY MOTION for Temporary Restraining Order , Order to Show Cause, and Granting Other Relief., EMERGENCY MOTION for Preliminary Injunction and Order to Show Cause.( Return Date set for 10/18/2019 at 05:00 PM.) Document filed by Securities and Exchange Commission.(Tenreiro, Jorge) |
| Case Designated ECF. (jgo) |
| Magistrate Judge Sarah Netburn 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. (jgo) |
| Filing 2 CIVIL COVER SHEET filed. (jgo) (jgo). |
| Filing 1 COMPLAINT against Telegram Group Inc., Ton Issuer Inc.. Document filed by Securities and Exchange Commission.(jgo) (jgo). |
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