Ebanks v. iFinex Inc. et al
| Joseph Ebanks |
| Giancarlo Devasini, Tether Holdings Limited, iFinex Inc., Tether Limited, BFXNA Inc., Philip Potter, Tether Operations Limited, DigFinex Inc. and Jean-Louis van der Velde |
| 1:2020cv00453 |
| January 16, 2020 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Securities/Commodities |
| 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) |
| 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) |
| 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) |
Filing 16
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 15
ORDER FOR ADMISSION PRO HAC VICE granting (82) Motion for Brian E. Cochran to Appear Pro Hac Vice in case 1:19-cv-09236-KPF. The Clerk of Court is directed to terminate the motion at docket entry 82 of Leibowitz v. iFinex, Inc., 19 Civ. 9236 (KPF). (Signed by Judge Katherine Polk Failla on 2/11/2020) Filed In Associated Cases: 1:19-cv-09236-KPF, 1:20-cv-00453-KPF (rro)
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| Filing 14 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 13
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 12 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 11 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 10 NOTICE OF APPEARANCE by Karen M. Lerner on behalf of David Crystal, Eric Young, Adam Kurtz. (Lerner, Karen) |
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Filing 9
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) |
| Filing 8 LETTER addressed to Judge Katherine Polk Failla from Samuel H. Rudman dated January 24, 2020 re: Consolidation. Document filed by Joseph Ebanks.(Rudman, Samuel) |
| 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) |
| CASE ACCEPTED AS RELATED. Create association to 1:19-cv-09236-KPF. Notice of Assignment to follow. (wb) |
| NOTICE OF CASE REASSIGNMENT to Judge Katherine Polk Failla. Judge Unassigned is no longer assigned to the case. (wb) |
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Filing 7
MEMO ENDORSEMENT on re: #6 Letter filed by Joseph Ebanks. ENDORSEMENT: Application GRANTED. Plaintiff shall file a letter, not to exceed five pages in length, stating his position regarding whether this case should be consolidated with Leibowitz v. iFinex, Inc., No. 19 Civ. 9236, Young v. iFinex, Inc., No. 20 Civ. 169, and Faubus v. iFinex, Inc., No. Civ. 211, on or before January 24, 2020. If Plaintiff's counsel intends to file papers regarding the appointment of interim class counsel, it may file its motion on or before January 27, 2020. SO ORDERED. (Motions due by 1/27/2020.) (Signed by Judge Katherine Polk Failla on 1/17/2020) (jca)
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| Filing 6 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 5 ELECTRONIC SUMMONS ISSUED as to BFXNA Inc., Giancarlo Devasini, DigFinex Inc., Philip Potter, Tether Holdings Limited, Tether Limited, Tether Operations Limited, iFinex Inc., Jean-Louis van der Velde. (pne) |
| Case Designated ECF. (pne) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (pne) |
| CASE REFERRED TO Judge Katherine Polk Failla as possibly related to 19CV9236. (pne) |
| Filing 4 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:19-cv-09236-KPF. Document filed by Joseph Ebanks.(Rudman, Samuel) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to iFinex Inc., BFXNA Inc., Tether Holdings Limited, Tether Limited, Tether Operations Limited, DigFinex Inc., Jean-Louis van der Velde, Giancarlo Devasini, Philip Potter, re: #1 Complaint,. Document filed by Joseph Ebanks. (Rudman, Samuel) |
| Filing 2 CIVIL COVER SHEET filed. (Rudman, Samuel) |
| Filing 1 COMPLAINT against BFXNA Inc., Giancarlo Devasini, DigFinex Inc., Philip Potter, Tether Holdings Limited, Tether Limited, Tether Operations Limited. (Filing Fee $ 400.00, Receipt Number ANYSDC-18525986)Document filed by Joseph Ebanks.(Rudman, Samuel) |
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