CleanSpark, Inc. v. Discover Growth Fund, LLC
| CleanSpark, Inc. |
| Discover Growth Fund, LLC |
| 1:2020cv06164 |
| August 6, 2020 |
| US District Court for the Southern District of New York |
| Jed S Rakoff |
| Contract: Other |
| 28 U.S.C. § 1332 ct |
| None |
Docket Report
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This docket was last retrieved on September 30, 2020. A more recent docket listing may be available from PACER.
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| Filing 30 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/17/20 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 29 TRANSCRIPT of Proceedings re: CONFERENCE held on 8/17/2020 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Pamela Utter, (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 10/21/2020. Redacted Transcript Deadline set for 11/2/2020. Release of Transcript Restriction set for 12/29/2020..(McGuirk, Kelly) |
| Filing 28 NOTICE OF INTERLOCUTORY APPEAL from #25 Order on Motion for TRO,, #27 Order on Motion for Leave to File Document,,, Order on Motion for TRO,,. Document filed by CleanSpark, Inc.. Filing fee $ 505.00, receipt number ANYSDC-21734464. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: #1 Memorandum Order, #2 Order).(Auslander, Jay) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #28 Notice of Interlocutory Appeal. (tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #28 Notice of Interlocutory Appeal, filed by CleanSpark, Inc. were transmitted to the U.S. Court of Appeals. (tp) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 9/14/2020. (Kotowski, Linda) |
Filing 27
MEMORANDUM ORDER denying #26 Letter Motion for Leave to File Document; denying #26 Motion for TRO: In its bottom line Order dated August 19, 2020, the Court observed that there is a "high likelihood that the Court will refer the case to arbitration." Dkt. No. 25. However, because the Court now holds that CleanSpark has failed to establish the Court's personal jurisdiction over Discover, the Court declines to sua sponte refer the case to arbitration. Instead, for now and in the current posture, the Court simply denies CleanSpark's motion for a temporary restraining order and preliminary injunction. (Signed by Judge Jed S. Rakoff on 9/9/2020) (jwh)
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| Filing 26 MOTION for Leave to File Application to JAMS ., MOTION for Temporary Restraining Order . Document filed by CleanSpark, Inc...(Auslander, Jay) |
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Filing 25
ORDER denying #18 Motion for TRO. Before the Court is plaintiff CleanSpark's motion for a temporary restraining order and preliminary injunction. Upon consideration, plaintiff's motion is hereby denied. A memorandum explaining the reasons for this ruling will issue in due course. Until then, because there is a high likelihood that the Court will refer the case to arbitration, all further proceedings are stayed. For the same reason, the initial pretrial conference, currently scheduled for September 1, 2020, is adjourned pending further order of the Court. The Clerk of Court is directed to close the motion at docket number 18. SO ORDERED.. (Signed by Judge Jed S. Rakoff on 8/19/2020) (va)
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| Filing 24 RESPONSE in Opposition to Motion re: #18 MOTION for Temporary Restraining Order . . Document filed by Discover Growth Fund, LLC..(Gaither, H.) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: Initial Pretrial Conference held on 8/17/2020. August 17th a telephonic initial pretrial conference and hearing on a TRO at 18 on the docket was held before Judge Rakoff. Present were counsel for both sides and the court reporter Pamela Utter. Court's decision: the matter will be taken sub judice (kgo) |
| Filing 23 DECLARATION of John Kirkland in Opposition re: #18 MOTION for Temporary Restraining Order .. Document filed by Discover Growth Fund, LLC. (Attachments: #1 Exhibit August 10, 2020 Email, #2 Exhibit June 25, 2019 Email, #3 Exhibit December 16, 2019 Email, #4 Exhibit March 12, 2020 Email, #5 Exhibit June 12, 2020 Email, #6 Exhibit Trigger Event for Debenture, #7 Exhibit Trigger Event for the Note, #8 Exhibit Nevada court July 15 2020 order).(Gaither, H.) |
| Filing 22 SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: #18 MOTION for Temporary Restraining Order . . Document filed by Discover Growth Fund, LLC..(Gaither, H.) |
| Filing 21 DECLARATION of Zachary Bradford in Support re: #10 Declaration in Support,,,,,,,, #8 Declaration in Support,, #9 Declaration in Support. Document filed by CleanSpark, Inc.. (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).(Auslander, Jay) |
| Filing 20 REPLY MEMORANDUM OF LAW in Support re: #7 Memorandum of Law in Opposition . Document filed by CleanSpark, Inc...(Auslander, Jay) |
| Filing 19 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by CleanSpark, Inc...(Auslander, Jay) |
| Filing 18 MOTION for Temporary Restraining Order . Document filed by CleanSpark, Inc.. (Attachments: #1 Affidavit REPLY DECLARATION, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H).(Auslander, Jay) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 8/13/2020, Counsel for both sides were present. Court's Decision: an oral argument on Plaintiff's motion for a TRO is scheduled for Monday, August 17, at 11am. It will be telephonic. The public may listen in using this dial-in information: USA toll free 888-363-4735;International caller paid: 215-446-3657;Access code: 1086415. (Telephone Conference set for 8/17/2020 at 11:00 AM before Judge Jed S. Rakoff.). (tro) |
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Filing 17
NOTICE OF COURT CONFERENCE: Initial Conference set for 8/25/2020 at 11:00 AM before Judge Jed S. Rakoff ON A TELECONFERENCE LINE.The dial-in information for the call will be as follows: USA Toll-Free: (888) 363-4735; USA Caller Paid/International Toll: (215) 446-3657; Access Code: 1086415, and as further set forth in this order. (Signed by Judge Jed S. Rakoff on 8/11/2020) (jwh)
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| Filing 16 NOTICE OF APPEARANCE by Michael James Van Riper on behalf of CleanSpark, Inc...(Van Riper, Michael) |
| Filing 15 NOTICE OF APPEARANCE by Julie Ann Cilia on behalf of CleanSpark, Inc...(Cilia, Julie) |
| Filing 14 FILING ERROR - WRONG FILER SELECTED - (SEE #16) NOTICE OF APPEARANCE by Jay S. Auslander on behalf of CleanSpark, Inc...(Auslander, Jay) Modified on 8/11/2020 (kj). |
| Filing 13 FILING ERROR - WRONG FILER SELECTED - (SEE #15) NOTICE OF APPEARANCE by Jay S. Auslander on behalf of CleanSpark, Inc...(Auslander, Jay) Modified on 8/11/2020 (kj). |
| Filing 12 NOTICE OF APPEARANCE by Jay S. Auslander on behalf of CleanSpark, Inc...(Auslander, Jay) |
| Filing 11 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by CleanSpark, Inc...(Auslander, Jay) |
| Filing 10 DECLARATION of John Kirkland in Support re: #7 Memorandum of Law in Opposition. Document filed by Discover Growth Fund, LLC. (Attachments: #1 Exhibit December 27, 2018 Term Sheet, #2 Exhibit Written Consent, #3 Exhibit December 31, 2018 Securities Purchase Agreement, #4 Exhibit Senior Secured Redeemable Convertible Debenture, #5 Exhibit December 31, 2018 email, #6 Exhibit Irrevocable Instructions, #7 Exhibit January 14, 2019 emails between Discover and CleanSpark, #8 Exhibit February 14, 2019 emails between Discover and CleanSpark, #9 Exhibit Delivery Notice and calculation, #10 Exhibit Delivery Notice issued on April 9, 2020, #11 Exhibit April 9, 2019 email, #12 Exhibit April 11, 2019 Term Sheet, #13 Exhibit April 17, 2019 Purchase Agreement, #14 Exhibit Senior Secured Redeemable Convertible Promissory Note, #15 Exhibit June 26, 2019 email, #16 Exhibit August 14, 2019 email, #17 Exhibit December 16, 2019 email, #18 Exhibit February 10, 2020 email, #19 Exhibit March 10, 2020 email, #20 Exhibit Amendment dated March 4, 2020, #21 Exhibit Second Amendment dated March 13, 2020, #22 Exhibit Third Amendment dated May 1, 2020, #23 Exhibit Third Amendment email, #24 Exhibit August 28, 2019 emails, #25 Exhibit November 19, 2019 email, #26 Exhibit CleanSpark proposed amendment, #27 Exhibit Discover replied to the proposal in the email, #28 Exhibit June 3, 2020 email, #29 Exhibit June 26, 2020 email, #30 Exhibit July 6, 2020 email, #31 Exhibit July 20, 2020 email from Discover, #32 Exhibit July 20, 2020 email from CleanSpark, #33 Exhibit July 20, 2020 Securities Purchase Agreement, #34 Exhibit July 21, 2020 CleanSpark Form 8-K, #35 Exhibit July 21, 2020 email, #36 Exhibit July 22, 2020 emails, #37 Exhibit July 31, 2020 email chain, #38 Exhibit July 31, 2020 email chain, #39 Exhibit August 3, 2020 email, #40 Exhibit August 4, 2020 email, #41 Exhibit Delivery Notice to CleanSpark dated August 4, 2020).(Gaither, H.) |
| Filing 9 DECLARATION of John Burke in Support re: #7 Memorandum of Law in Opposition. Document filed by Discover Growth Fund, LLC. (Attachments: #1 Exhibit Stock Price Chart 2016-Present, #2 Exhibit E-mail).(Gaither, H.) |
| Filing 8 DECLARATION of Sheniqua Rouse-Pierre in Support re: #7 Memorandum of Law in Opposition. Document filed by Discover Growth Fund, LLC. (Attachments: #1 Exhibit Articles of Organization for Discover, #2 Exhibit Certificate of Good Standing for Discover, #3 Exhibit Business License for Discover, #4 Exhibit Annual Report for Discover, #5 Exhibit Rouse-Pierre Driver's License, #6 Exhibit Kirkland Driver's License, #7 Exhibit Kirkland Driver's License).(Gaither, H.) |
| Filing 7 MEMORANDUM OF LAW in Opposition to Plaintiff CleanSpark, Inc.'s Motion for Temporary Restraining Order (Removed). Document filed by Discover Growth Fund, LLC..(Gaither, H.) |
| Magistrate Judge Stewart D. Aaron is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jed S. Rakoff. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(sj) |
| Case Designated ECF. (sj) |
| Filing 6 NOTICE OF APPEARANCE by Andrew R. Podolin on behalf of Discover Growth Fund, LLC..(Podolin, Andrew) |
| Filing 5 NOTICE OF APPEARANCE by Arthur S. Greenspan on behalf of Discover Growth Fund, LLC..(Greenspan, Arthur) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Discover Growth Fund, LLC..(Gaither, H.) |
| Filing 3 NOTICE OF APPEARANCE by H. Rowan Gaither, IV on behalf of Discover Growth Fund, LLC..(Gaither, H.) |
| Filing 2 CIVIL COVER SHEET filed..(Gaither, H.) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 653491/2020. (Filing Fee $ 400.00, Receipt Number ANYSDC-21033136).Document filed by Discover Growth Fund, LLC. (Attachments: #1 Exhibit Exhibit A-1, #2 Exhibit Exhibit A-2, #3 Exhibit Exhibit A-3, #4 Exhibit Exhibit A-4-1, #5 Exhibit Exhibit A-4-2, #6 Exhibit Exhibit A-4-3, #7 Exhibit Exhibit A-5, #8 Exhibit Exhibit A-6, #9 Exhibit Exhibit A-7, #10 Exhibit Exhibit A-8).(Gaither, H.) |
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