Faubus v. iFinex Inc. et al
| Bryan Faubus |
| Tether Holdings Limited, iFinex Inc., BFXNA Inc., Tether International Limited, Tether Operations Limited, DigFinex Inc., BFXWW Inc., Tether Limited and John Does 1-50 |
| Joseph Ebanks |
| Eric Young, Adam Kurtz and David Crystal |
| 1:2020cv00211 |
| January 9, 2020 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Racketeer/Corrupt Organization |
| 18:1961 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 27, 2020. A more recent docket listing may be available from PACER.
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| Minute Entry for proceedings held before Judge Katherine Polk Failla: Telephone Hearing held on 2/27/2020 re: (58 in 1:19-cv-09236-KPF) MOTION to Appoint Counsel Motion to Appoint Roche Freedman LLP and Schneider Wallace Cottrell Konecky LLP as Interim Class Counsel filed by Aaron Leibowitz, Jason Leibowitz, Pinchas Goldshtein, Benjamin Leibowitz, David Leibowitz, (24 in 1:20-cv-00169-KPF) MOTION to Appoint Counsel Kirby McInerney LLP and the Radice Law Firm as Interim Lead Counsel filed by Eric Young, Adam Kurtz, David Crystal, (78 in 1:19-cv-09236-KPF) MOTION to Appoint Counsel filed by Aaron Leibowitz, Jason Leibowitz, Pinchas Goldshtein, Benjamin Leibowitz, David Leibowitz, (69 in 1:19-cv-09236-KPF) MOTION to Appoint Counsel Motion for Appointment of Interim Class Counsel filed by Joseph Ebanks: For the reasons set forth on the record, the Leibowitz Plaintiffs' motion to appoint Lead Counsel is GRANTED, and the Young and Faubus Plaintiffs' motions are denied. (Court Reporter Pamela Utter) Associated Cases: 1:19-cv-09236-KPF, 1:20-cv-00169-KPF, 1:20-cv-00211-KPF, 1:20-cv-00453-KPF(tn) |
| Set/Reset Hearings: Telephone Conference set for 2/27/2020 at 04:00 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. Associated Cases: 1:19-cv-09236-KPF, 1:20-cv-00169-KPF, 1:20-cv-00211-KPF, 1:20-cv-00453-KPF(tn) |
| Minute Entry for proceedings held before Judge Katherine Polk Failla: Oral Argument held on 2/24/2020 re: (58 in 1:19-cv-09236-KPF) MOTION to Appoint Counsel Motion to Appoint Roche Freedman LLP and Schneider Wallace Cottrell Konecky LLP as Interim Class Counsel filed by Aaron Leibowitz, Jason Leibowitz, Pinchas Goldshtein, Benjamin Leibowitz, David Leibowitz, (24 in 1:20-cv-00169-KPF) MOTION to Appoint Counsel Kirby McInerney LLP and the Radice Law Firm as Interim Lead Counsel filed by Eric Young, Adam Kurtz, David Crystal, (69 in 1:19-cv-09236-KPF) MOTION to Appoint Counsel Motion for Appointment of Interim Class Counsel filed by Joseph Ebanks: Attorneys Kyle William Roche, Todd Michael Schneider, Matthew Sinclair Weiler, Caitlin Joan Halligan and Joseph Michael Delich representing the Leibowitz Plaintiffs present. Attorneys Karen M. Lerner, John D. Ridce, David E. Kovel and Anthony Epifanio Maneiro representing the Young Plaintiffs present. Attorney Gregory Bradley Link representing Plaintiff Faubus present. Attorneys Brian E. Cochran and Samuel Howard Rudman representing Plaintiff Ebanks present. Attorneys Jim Walden, Veronica Wayner and Daniel Chirlin representing iFinex Defendants present. The Court defers ruling on motions at this time. The next conference, to be held telephonically, is scheduled for 2/27/2020 at 4:00 p.m. At the appointed time, the parties are directed to call the conference system at (888) 363-4749, and enter access code 6624801. Please note that the conference line will not be available until the scheduled time (4:00 p.m.). (Court Reporter Khris Sellin) Associated Cases: 1:19-cv-09236-KPF, 1:20-cv-00169-KPF, 1:20-cv-00211-KPF, 1:20-cv-00453-KPF(tn) |
Filing 30
ORDER: The parties are hereby ORDERED to appear for oral argument concerning the pending motions to appoint interim lead class counsel on February 24, 2020, at 1:00 p.m. in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. SO ORDERED. (Oral Argument set for 2/24/2020 at 01:00 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 2/11/2020) Filed In Associated Cases: 1:19-cv-09236-KPF, 1:20-cv-00169-KPF, 1:20-cv-00211-KPF, 1:20-cv-00453-KPF (jca)
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| Filing 29 RESPONSE to Motion re: (78 in 1:19-cv-09236-KPF) MOTION to Appoint Counsel ., (69 in 1:19-cv-09236-KPF) MOTION to Appoint Counsel Motion for Appointment of Interim Class Counsel., (24 in 1:20-cv-00169-KPF) MOTION to Appoint Counsel Kirby McInerney LLP and the Radice Law Firm as Interim Lead Counsel. . Document filed by David Crystal, Adam Kurtz, Eric Young. Filed In Associated Cases: 1:19-cv-09236-KPF, 1:20-cv-00169-KPF, 1:20-cv-00211-KPF, 1:20-cv-00453-KPF.(Kovel, David) |
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Filing 28
ORDER: On January 17, 2020, the Court ordered that all counsel seeking to be heard regarding the appointment of lead interim counsel to file their papers on or before January 27, 2020. The Court recognizes that certain counsel had filed motions to be appointed lead interim counsel prior to January 27, 2020, giving other counsel the opportunity to file opposition papers to those pending motions on January 27, 2020. In the interest of allowing interested counsel an equal opportunity to oppose motions to be appointed lead interim counsel, the Court will permit counsel to file papers opposing lead interim counsel motions that were filed on January 27, 2020. Such opposition papers shall be filed on or before February 7, 2020. ( Responses due by 2/7/2020) (Signed by Judge Katherine Polk Failla on 1/28/2020) Filed In Associated Cases: 1:19-cv-09236-KPF, 1:20-cv-00169-KPF, 1:20-cv-00211-KPF, 1:20-cv-00453-KPF(mro)
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| Filing 27 MEMORANDUM OF LAW in Support re: (24 in 1:20-cv-00169-KPF) MOTION to Appoint Counsel Kirby McInerney LLP and the Radice Law Firm as Interim Lead Counsel. Plaintiff Bryan Faubus's Memorandum in Support of Motion to Appoint Counsel Kirby McInerney LLP and the Radice Law Firm as Interim Lead Counsel. Document filed by Bryan Faubus. Filed In Associated Cases: 1:19-cv-09236-KPF, 1:20-cv-00169-KPF, 1:20-cv-00211-KPF, 1:20-cv-00453-KPF(Linkh, Gregory) |
| Filing 26 RESPONSE to Motion re: (58 in 1:19-cv-09236-KPF) MOTION to Appoint Counsel Motion to Appoint Roche Freedman LLP and Schneider Wallace Cottrell Konecky LLP as Interim Class Counsel., (24 in 1:20-cv-00169-KPF) MOTION to Appoint Counsel Kirby McInerney LLP and the Radice Law Firm as Interim Lead Counsel., (69 in 1:19-cv-09236-KPF) MOTION to Appoint Counsel Motion for Appointment of Interim Class Counsel. . Document filed by David Crystal, Adam Kurtz, Eric Young. Filed In Associated Cases: 1:19-cv-09236-KPF, 1:20-cv-00169-KPF, 1:20-cv-00211-KPF, 1:20-cv-00453-KPF(Lerner, Karen) |
| Filing 25 NOTICE OF APPEARANCE by Karen M. Lerner on behalf of David Crystal, Adam Kurtz, Eric Young. (Lerner, Karen) |
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Filing 24
ORDER granting (61) Letter Motion to Consolidate Cases in case 1:19-cv-09236-KPF; granting (27) Letter Motion to Consolidate Cases in case 1:20-cv-00169-KPF. The Court is in receipt of the parties' January 16, 2020 joint motion in Leibowitz v. iFinex, Inc., No. 19 Civ. 9236, Young v. iFinex, Inc., No. 20 Civ. 169, Faubus v. iFinex, Inc., No. 20 Civ. 211, seeking to consolidate the matters. The Court is also in receipt of a letter dated January 24, 2020, filed in Ebanks v. iFinex, Inc., No. 20 Civ. 453, requesting that the Court consolidate that matter with Leibowitz, Young, and Faubus as well. The parties' motions are GRANTED. The following actions are hereby consolidated: a. Leibowitz v. iFinex, Inc., No. 19 Civ. 9236; b. Young v. iFinex, Inc., No. 20 Civ. 169; c. Faubus v. iFinex, Inc., No. 20 Civ. 211; d. Ebanks v. iFinex, Inc., No. 20 Civ. 453. (Signed by Judge Katherine Polk Failla on 1/24/2020) Filed In Associated Cases: 1:19-cv-09236-KPF, 1:20-cv-00169-KPF, 1:20-cv-00211-KPF, 1:20-cv-00453-KPF (mro)
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| CONSOLIDATED MEMBER CASE: Create association to 1:19-cv-09236-KPF. (mro) |
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Filing 23
SCHEDULING ORDER: The Court is in receipt of the parties' joint motion in the above-captioned cases, seeking to consolidate the matters, set a briefing schedule for motions to appoint interim lead counsel, and adjourn the current deadline for Defendants in Leibowitz v. iFinex, Inc., No. 19 Civ. 9236 to file a motion to dismiss. The Court will address the parties' motion to consolidate after it receives Plaintiffs letter in Ebanks v. iFinex, Inc., 20 Civ. 453, letter regarding the same. All counsel seeking to be heard regarding the pending motions to appoint lead interim counsel shall file their papers on or before January 27, 2020. No later than seven days after the appointment of interim lead counsel, counsel for Defendants and interim lead counsel for Plaintiffs shall submit a proposed scheduling order setting forth deadlines for the filing of a consolidated amended complaint and any anticipated motion to dismiss. The briefing schedule concerning an anticipated motion to dismiss in Leibowitz v. iFinex, Inc., No. 19 Civ. 9236 is hereby ADJOURNED sine die. SO ORDERED. (Signed by Judge Katherine Polk Failla on 1/17/2020) (jca)
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| Filing 22 LETTER addressed to Judge Katherine Polk Failla from Samuel H. Rudman dated January 17, 2020 re: Consolidation and Motions for Interim Class Counsel. Document filed by Joseph Ebanks.(Rudman, Samuel) |
| Filing 21 LETTER addressed to Judge Katherine Polk Failla from Gregory B. Linkh et al. dated 01/16/2020 re: Consolidation of Related Actions. Document filed by Bryan Faubus.(Linkh, Gregory) |
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Filing 20
SCHEDULING ORDER: The Court recently received Faubus v. iFinex, Inc., No. Civ. 211, as a case related to two previously assigned case, Leibowitz v. iFinex, Inc., No. 19 Civ. 9236 and Young v. iFinex, Inc., No. 20 Civ. 169. Plaintiff in this matter is hereby ORDERED to provide the Court with a letter brief, not to exceed five pages in length, stating their positions regarding whether the three cases should be consolidated. These letter briefs shall be filed on or before January 24, 2020. SO ORDERED. (Signed by Judge Katherine Polk Failla on 1/14/2020) (va)
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| 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (wb) |
| NOTICE OF CASE REASSIGNMENT to Judge Katherine Polk Failla. Judge Unassigned is no longer assigned to the case. (wb) |
| CASE ACCEPTED AS RELATED. Create association to 1:19-cv-09236-KPF. Notice of Assignment to follow. (wb) |
| ADD PARTY FOR PLEADING. Defendants/Respondents All Defendants added. Party added pursuant to #1 Complaint.Document filed by Bryan Faubus. Related document: #1 Complaint.(Linkh, Gregory) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Gregory Bradley Linkh. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to Dutchess. (pne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Gregory Bradley Linkh to RE-FILE Document No. #7 Request for Issuance of Summons. The filing is deficient for the following reason(s): a summons can not be issued for a party that is not on CM ECF. After the party has been added to the case, re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the summons form PDF. (pne) |
| Filing 19 ELECTRONIC SUMMONS ISSUED as to Tether Operations Limited. (pne) |
| Filing 18 ELECTRONIC SUMMONS ISSUED as to Tether International Limited. (pne) |
| Filing 17 ELECTRONIC SUMMONS ISSUED as to Tether Holdings Limited. (pne) |
| Filing 16 ELECTRONIC SUMMONS ISSUED as to iFinex Inc.. (pne) |
| Filing 15 ELECTRONIC SUMMONS ISSUED as to DigFinex Inc.. (pne) |
| Filing 14 ELECTRONIC SUMMONS ISSUED as to BFXWW Inc.. (pne) |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to BFXNA Inc.. (pne) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Gregory Bradley Linkh. The party information for the following party/parties has been modified: Bryan Faubus. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (pne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Gregory Bradley Linkh to RE-FILE re: Document No. #1 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; Tether Limited and John Does 1-50 must be added to the case; the All Defendant radio button was selected; all parties whom the pleading is against were not entered/selected. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. **DO NOT USE GOOGLE CHROME OR SAFARI BROWSERS** (pne) |
| CASE REFERRED TO Judge Katherine Polk Failla as possibly related to 19CV9236. (pne) |
| Case Designated ECF. (pne) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (pne) |
| Filing 12 NOTICE OF APPEARANCE by Brian Philip Murray on behalf of Bryan Faubus. (Murray, Brian) |
| Filing 11 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:19-cv-09236. Document filed by Bryan Faubus.(Linkh, Gregory) |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to Tether International Limited, re: #1 Complaint. Document filed by Bryan Faubus. (Linkh, Gregory) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Tether Operations Limited, re: #1 Complaint. Document filed by Bryan Faubus. (Linkh, Gregory) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to DIGFINEX INC., re: #1 Complaint. Document filed by Bryan Faubus. (Linkh, Gregory) |
| Filing 7 FILING ERROR - DEFICIENT SUMMONS REQUEST - REQUEST FOR ISSUANCE OF SUMMONS as to Tether Limited, re: #1 Complaint. Document filed by Bryan Faubus. (Linkh, Gregory) Modified on 1/10/2020 (pne). |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Tether Holdings Limited, re: #1 Complaint. Document filed by Bryan Faubus. (Linkh, Gregory) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to BFXWW INC., re: #1 Complaint. Document filed by Bryan Faubus. (Linkh, Gregory) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to BFXNA INC., re: #1 Complaint. Document filed by Bryan Faubus. (Linkh, Gregory) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to IFINEX INC., re: #1 Complaint. Document filed by Bryan Faubus. (Linkh, Gregory) |
| Filing 2 CIVIL COVER SHEET filed. (Linkh, Gregory) |
| Filing 1 COMPLAINT against All Defendants. (Filing Fee $ 400.00, Receipt Number ANYSDC-18464392)Document filed by Bryan Faubus.(Linkh, Gregory) |
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