Buchanan v. Dannen
| Brandon K. Buchanan |
| Christopher M. Dannen |
| 1:2021cv02319 |
| March 17, 2021 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Paul A Engelmayer |
| Contract: Other |
| 28 U.S.C. § 1332 oc |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 28, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Settlement Conference via telephone held on 4/29/2021 at 9:30 a.m. (rsh) |
Filing 28
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Robert W. Lehrburger. Counsel for plaintiff is directed to contact the Magistrate Judge;s chambers to schedule a settlement conference on a mutually agreeable date at such time that the parties agree a conference would be useful. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/22/2021) (va)
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| Filing 27 NOTICE of Hearing: Settlement Conference via telephone set for 4/29/2021 at 9:30 AM before Magistrate Judge Robert W. Lehrburger. The parties are instructed to review and adhere to Judge Lehrburger's individual Settlement Conference Procedures. The parties are further instructed to submit their pre-conference submissions, along with their Attendance Acknowledgment Form (available in pdf fillable format as attachment to the Settlement Conference Procedures) no later than April 27, 2021, by 5:00 p.m.(rsh) |
| Magistrate Judge Robert W. Lehrburger 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. (laq) |
| Filing 26 JOINT LETTER addressed to Judge Paul A. Engelmayer from Plaintiff and Defendant dated April 19, 2021 re: Case Status. Document filed by Brandon K. Buchanan. (Attachments: #1 Text of Proposed Order Civil Case Management Plan and Scheduling Order).(Malikschmitt, Christopher) |
| Filing 25 LETTER addressed to Judge Paul A. Engelmayer from Christopher M. Malikschmitt dated April 15, 2021 re: April 14, 2021 Dannen Affidavit. Document filed by Brandon K. Buchanan. (Attachments: #1 Affidavit Buchanan Affidavit).(Malikschmitt, Christopher) |
| Filing 24 NOTICE of Filing of Affidavit of Christopher M. Dannen in compliance with the Court Order of April 12, 2021 re: #21 Order,,,,,,,,,,,,,,. Document filed by Christopher M. Dannen. (Attachments: #1 Affidavit Affidavit of Christopher M. Dannen).(Ross, Jeremy) |
| Filing 23 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/25/21 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 22 TRANSCRIPT of Proceedings re: CONFERENCE held on 3/25/2021 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Vincent Bologna, (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 5/3/2021. Redacted Transcript Deadline set for 5/13/2021. Release of Transcript Restriction set for 7/12/2021..(McGuirk, Kelly) |
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Filing 21
ORDER: Specifically, the Court orders Dannen immediately to give Buchanan full access to all the cryptocurrency wallets as well as the seed phrases and passcodes related to the business. To be sure, Dannen contends that Buchanan can request any missing information from Iterative's accountant. But because Dannen earlier resorted to self-help and unilaterally shut Buchanan out of the business, the Court hereby puts the burden on Dannen personallyand not an accountantto assure that Buchanan has full access to all the wallets, seed phrases, passcodes, and accounts related to Iterative Entities. For the same reason, the Court directs Dannen immediately to provide Buchanan with all invoices and monthly reports from the company's cryptocurrency mining facility, as well as copies of all communications with the facility that Buchanan has thus far been excluded from, and directs that Buchanan be copied on all business related communications moving forward. Buchanan, for his part, is also directed to make immediately available to Dannen any accounts to which Dannen claims not to have had full access, and to copy Dannen on all business-related communications. To the extent that there are technical limitations that prevent more than one individual from having full access to the wallets or the two-factor authentication system at a time, the Court orders that the parties trade off, on successive days until the parties resolve this matter, who has this access. Buchanan is to have such access on odd-numbered days, and Dannen is to have such access on even-numbered days. To begin this process, the Court directs Dannen to turn over this control to Buchanan for the 24-hour period beginning at 12:01 am on Tuesday, April 13, 2021. In addition, to confirm that it is truly impossible for both parties to have simultaneous access of the wallet and two-factor authentication system, the Court orders Dannen to submit a sworn affidavit by April 14, 2021, stating which wallet they are using, which two-factor authentication system they are using, and which other two-factor authentication systems the wallet supports, including whether it supports systems that allow two parties access at one time. As to the business expenditures that Dannen has incurred, although Dannen is permitted to use the businesses' funds to pay any existing obligations that have already been undertaken by Iterative Entities, neither party is permitted to incur any new obligations to third parties without the other's prior consent. Dannen should include, in his affidavit, a declaration attesting that, since the Court's initial order he has complied with this directive, and if not, specifically identifying any expenditures he has unilaterally undertaken. The Court further orders that counsel forthwith move vigorously to settle this matter, and by April 19, 2021, file a joint status update as to the status of settlement discussions. If the parties have been unable to resolve this matter, the parties' joint letter should set out the parties' views as to the steps the Court should take to help resolve this matter, including whether to refer the case to the Magistrate Judge for settlement purposes and/or appoint a third-party receiver. The parties' joint letter should also include a case-management plan, consistent with the Court's individual rules, that contemplates, inter alia, the prompt commencement of fact discovery and its completion by the end of June. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/9/2021) (va)
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| Filing 20 WAIVER OF SERVICE RETURNED EXECUTED. Christopher M. Dannen waiver sent on 4/1/2021, answer due 6/1/2021. Document filed by Brandon K. Buchanan..(Malikschmitt, Christopher) |
| Filing 19 JOINT LETTER addressed to Judge Paul A. Engelmayer from Plaintiff and Defendant dated April 8, 2021 re: Case Status. Document filed by Brandon K. Buchanan. (Attachments: #1 Appendix March 25, 2021 Order).(Malikschmitt, Christopher) |
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Filing 18
ORDER terminating #3 Motion for TRO. On the Emergency Application ("Application") of Plaintiff Brandon Buchanan, by and through his attorney, Christopher M. Malikschmitt, on notice to Defendant Christopher M. Dannen, and having reviewed briefs, affidavits, and argument from both Plaintiff and Defendant on the same, and for good cause shown, pursuant to Rule 65 of the Federal Rules of Civil Procedure, and pending a final disposition of this action, IT IS on this 25 day of March, 2021, hereby ORDERED that Defendant shall immediately provide, and take no steps to disturb, whether through himself, any employees, or agents, Plaintiffs plenary electronic account access to the various accounts of Iterative Instinct UGP, LLC and its related entities (the Iterative Entities)through the furnishing of passwords, verification information or other means necessaryfor all business accounts, including, but not limited to: Plaintiffs and general shared email accounts associated with the Iterative Entities; any electronic data repositories associated with the Iterative Entities, including, but not limited to, Google drive and AirTable access; and financial accounts of the Iterative Entities, including, but not limited to, bank accounts, cryptocurrency wallet accounts, cryptocurrency exchange accounts, cryptocurrency trading accounts and settlement services accounts; IT IS FURTHER ORDERED that Plaintiff shall immediately provide, and take no steps to disturb, whether through himself, any employees, or agents, Defendants plenary electronic account access to the various accounts of Iterative Instinct UGP, LLC and its related entities (the "Iterative Entities")through the furnishing of passwords, verification information or other means necessaryfor all business accounts, including, but not limited to: Defendant's and general shared email accounts associated with the Iterative Entities; any electronic data repositories associated with the Iterative Entities, including, but not limited to, Google drive and AirTable access; and financial accounts of the Iterative Entities, including, but not limited to, bank accounts, cryptocurrency wallet accounts, cryptocurrency exchange accounts, cryptocurrency trading accounts and settlement services accounts; IT IS FURTHER ORDERED that neither Plaintiff nor Defendant shall take any step to make communications, expenditures, disbursements, or otherwise bind or commit the Iterative Entities in any way without the consent of the other Party; IT IS FURTHER ORDERED that no security be posted in relation to the relief requested. So Ordered.. (Signed by Judge Paul A. Engelmayer on 3/25/2021) (js)
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| Minute Entry for proceedings held before Judge Paul A. Engelmayer: Telephone Conference held on 3/25/2021. Court reporter present. (ajs) |
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Filing 17
ORDER FOR ADMISSION PRO HAC VICE OF JEREMY LEE ROSS granting #16 MOTION for Jeremy Lee Ross to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 3/25/2021) (jca)
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| Filing 16 MOTION for Jeremy Lee Ross to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24302406. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Christopher M. Dannen. (Attachments: #1 Affidavit Affidavit of Jeremy Ross in support of Motion to appear Pro Hac Vice, #2 Text of Proposed Order Proposed Order granting Motion to appear Pro Hac Vice).(Ross, Jeremy) |
| Filing 15 REPLY AFFIDAVIT of Brandon Buchanan in Support re: #3 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by Brandon K. Buchanan. (Attachments: #1 Exhibit Exhibit A).(Malikschmitt, Christopher) |
| Filing 14 REPLY MEMORANDUM OF LAW in Support re: #3 EMERGENCY MOTION for Temporary Restraining Order . . Document filed by Brandon K. Buchanan..(Malikschmitt, Christopher) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #16 MOTION for Jeremy Lee Ross to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24302406. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 13 MEMORANDUM OF LAW in Opposition re: #3 EMERGENCY MOTION for Temporary Restraining Order . . Document filed by Christopher M. Dannen. (Attachments: #1 Affidavit Affidavit of Christopher Dannen in support of response to Plaintiff's Application for TRO and PI).(Ross, Jeremy) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to Christopher M. Dannen..(jgo) |
| Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to Christopher M. Dannen, re: #7 Complaint. Document filed by Brandon K. Buchanan..(Malikschmitt, Christopher) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Christopher M. Malikschmitt to RE-FILE Document No. #9 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Filing Court was omitted on PDF. 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 correct summons form PDF. (sj) |
| Filing 10 AFFIDAVIT OF SERVICE of 3/17/2021 Court Order et al. served on Christopher Dannen on 3/17/2021. Service was accepted by Attorney Mark Roszak. Document filed by Brandon K. Buchanan. (Attachments: #1 Exhibit Exhibit A).(Malikschmitt, Christopher) |
| Filing 9 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Christopher M. Dannen, re: #7 Complaint. Document filed by Brandon K. Buchanan..(Malikschmitt, Christopher) Modified on 3/19/2021 (sj). |
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Filing 8
ORDER: The Court has received an application from plaintiff Brandon K. Buchanan ("Buchanan") seeking a temporary restraining order ("TRO") and a preliminary injunction ("PI") for a claim sounding substantially in breach of contract. The Court declines to enter a temporary injunction without first hearing from defendant Christopher M. Dannen ("Dannen"). The Court, however, does intend to address the request for preliminary relief with dispatch. Accordingly, the Court orders that Dannen respond to Buchanans application by Monday, March 22, 2021. Any reply is due Wednesday, March 24 at 5 p.m. The Court will convene a telephonic hearing on Thursday, March 25, at 2:30 p.m. This conference will be held telephonically. The parties should call into the Court's dedicated conference line at (888) 363-4749, and enter Access Code 468-4906, followed by the pound (#) key. Counsel are directed to review the Court's Emergency Individual Rules and Practices in Light of COVID-19, found at https://nysd.uscourts.gov/hon-paul-engelmayer, for the Court's procedures for telephonic conferences. The Court directs Buchanan to serve this order today on Dannen, and to file an affidavit reflecting such service on the docket of this case by close of business Thursday, March 18, 2021. SO ORDERED. (Responses due by 3/22/2021, Replies due by 3/24/2021., Telephone Conference set for 3/25/2021 at 02:30 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 3/17/2021) (jca)
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| Filing 7 COMPLAINT against Christopher M. Dannen. Document filed by Brandon K. Buchanan..(Malikschmitt, Christopher) |
| Filing 6 DECLARATION of Christopher M. Malikschmitt in Support re: #3 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by Brandon Buchanan..(Malikschmitt, Christopher) |
| Filing 5 AFFIDAVIT of Brandan K. Buchanan in Support re: #3 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by Brandon Buchanan..(Malikschmitt, Christopher) |
| Filing 4 MEMORANDUM OF LAW in Support re: #3 EMERGENCY MOTION for Temporary Restraining Order . . Document filed by Brandon Buchanan..(Malikschmitt, Christopher) |
| Filing 3 EMERGENCY MOTION for Temporary Restraining Order . Document filed by Brandon Buchanan. Return Date set for 3/31/2021 at 10:00 AM..(Malikschmitt, Christopher) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) |
| Filing 2 CIVIL COVER SHEET filed..(Malikschmitt, Christopher) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against Brandon Buchanan. (Filing Fee $ 402.00, Receipt Number ANYSDC-24264857)Document filed by Brandon Buchanan..(Malikschmitt, Christopher) Modified on 3/17/2021 (pc). |
| Magistrate Judge James L. Cott 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. (pc) |
| Case Designated ECF. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. 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..(pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Christopher M. Malikschmitt to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected;. 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. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Christopher M. Malikschmitt. The following case opening statistical information was erroneously selected/entered: Arbitration code e (Exempt); County code New York;. The following correction(s) have been made to your case entry: the Arbitration code has been deleted; the County code has been modified to XX Out of State;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Christopher M. Malikschmitt. The party information for the following party/parties has been modified: Christopher Dannen, Brandon Buchanan. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (pc) |
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| Defendant: Christopher M. Dannen | |
| Represented By: | Jeremy Lee Ross |
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| Plaintiff: Brandon K. Buchanan | |
| Represented By: | Christopher M. Malikschmitt |
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