GBM Global Holding Company Limited v. The Unidentified Individuals Listed on Schedule A
| The Unidentified Individuals Listed on Schedule A |
| GBM Global Holding Company Limited |
| 1:2021cv06284 |
| July 23, 2021 |
| US District Court for the Southern District of New York |
| Alison J Nathan |
| Other Statutes: Arbitration |
| 09 U.S.C. § 1 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 14, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 25
ORDER FOR PRELIMINARY INJUNCTION: The Defendants having not responded and the Court having independently reviewed Petitioner's submissions, the Court concludes that Petitioner's Motion should be GRANTED, and hereby order as follows: 1. Defendants, their agents, servants, employees, attorneys, and affiliates, are hereby preliminarily enjoined from selling, transferring, assigning, encumbering, or otherwise disposing of cryptocurrency transferred in the transactions listed in Schedule B to the July 28, 2021 Temporary Restraining Order. 2. Upon receipt of a copy of this order, the third-party exchanges listed in Schedule B to the July 28, 2021 Temporarily Restraining Order shall maintain the existing freezes of any cryptocurrency implemented pursuant to the July 28, 2021 Temporary Restraining Order pending any further court order or final arbitration award. 3. Upon receipt of this order, Petitioner shall immediately serve Defendants with a copy of this order in the same manner as provided in the Temporary Restraining Order. IT IS SO ORDERED. (Signed by Judge Alison J. Nathan on 8/23/2021) (vfr)
|
| Filing 24 AFFIDAVIT OF SERVICE of Order Extending the Temporary Restraining Order served on The Unidentified Individuals Listed on Schedule A on August 9, 2021. Document filed by GBM Global Holding Company Limited..(Ni, Angus) |
| Filing 23 DECLARATION of Angus F. Ni in Support re: #5 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by GBM Global Holding Company Limited. (Attachments: #1 Exhibit 1 - Notice of Arbitration and attachments, #2 Exhibit 2 - AAA confirmation of receipt, #3 Exhibit 3 - Demand for Arbitration, #4 Exhibit 4 - Schedule of Defendant IPs, #5 Exhibit 5 - AAA applicable rules).(Ni, Angus) |
| Filing 22 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #5 EMERGENCY MOTION for Temporary Restraining Order . Concerning the NY Convention's Applicability. Document filed by GBM Global Holding Company Limited..(Ni, Angus) |
| Minute Entry for proceedings held before Judge Alison J. Nathan: Oral Argument on motion for injunctive relief held on 8/9/2021 re: #11 Order to Show Cause (Court Reporter Raquel Robles) (kwi) |
|
Filing 21
ORDER: As stated on the record at the hearing held on August 9, 2021, the Court finds good cause to extend the Temporary Restraining Order issued on July 28, 2021 (Dkt. No. 11). The Court therefore GRANTS an extension of the temporary restraining order until August 23, 2021. Upon receipt of this order, Petitioner shall immediately serve Defendants with a copy of this order in the same manner as provided in the original Temporary Restraining Order. By August 16, 2021, at 3:00 p.m., Petitioner shall provide the Court with confirmation that an arbitration has been filed, an affirmation of where and when the arbitration was filed, and a copy of the arbitration filing that includes what claims are being asserted against the defendants in arbitration. Petitioner shall further file by August 16, 2021, at 3:00 p.m., a submission that addresses whether all four requirements for enforcement of an arbitration agreement under the New York Convention are satisfied. See Smith/Enron Cogeneration Ltd. P'ship, Inc. v. Smith Cogeneration Intl, Inc., 198 F.3d 88, 92 (2d Cir. 1999) (noting, in particular, that the arbitration agreement "must provide for arbitration in the territory of a signatory of the convention"). SO ORDERED. (Signed by Judge Alison J. Nathan on 8/9/2021) (vfr)
|
| Filing 20 PROPOSED ORDER. Document filed by GBM Global Holding Company Limited. Related Document Number: #2 ..(Ni, Angus) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 19 REPLY MEMORANDUM OF LAW in Support re: #5 EMERGENCY MOTION for Temporary Restraining Order . . Document filed by GBM Global Holding Company Limited..(Ni, Angus) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #20 Proposed Order was reviewed and approved as to form. (km) |
| Filing 18 DECLARATION of Wei Li in Support re: #5 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by GBM Global Holding Company Limited..(Ni, Angus) |
| Filing 17 DECLARATION of Daisy Li in Support re: #5 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by GBM Global Holding Company Limited..(Ni, Angus) |
| Filing 16 DECLARATION of Angus F. Ni in Support re: #5 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by GBM Global Holding Company Limited. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Ni, Angus) |
| Filing 15 MEMORANDUM OF LAW in Support re: #5 EMERGENCY MOTION for Temporary Restraining Order . . Document filed by GBM Global Holding Company Limited..(Ni, Angus) |
|
Filing 14
ORDER granting #13 LETTER MOTION to Seal Schedule B and Related Financial and Trade Secret Information. The Petitioner's application to seal Schedule B (Dkt No. 13) is GRANTED. The Petitioner shall file unredacted copies of its other motion papers on the public docket by August 3, 2021. SO ORDERED. (Signed by Judge Alison J. Nathan on 7/30/2021) (jca)
|
| Filing 13 LETTER MOTION to Seal Schedule B and Related Financial and Trade Secret Information addressed to Judge Alison J. Nathan from Angus F. Ni dated July 29, 2021. Document filed by GBM Global Holding Company Limited..(Ni, Angus) |
| Filing 12 AFFIDAVIT OF SERVICE of Order to show cause and Motion for Temporary Restraining order and Preliminary Injunction served on The Unidentified Individuals Listed on Schedule A on July 28, 2021. Document filed by GBM Global Holding Company Limited..(Ni, Angus) |
|
Filing 11
ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT BE ISSUED: Upon reviewing the Petition, the Court is of the opinion that the Petition is well-taken and should be GRANTED. This Court therefore orders that: 1. On August 9, 2021, at 2:00 p.m. Defendants appear at a telephonic hearing to Show Cause before the Court why an order should not issue: a.Grating Petitioner a preliminary injunction enjoining Defendants, their agents,servants, employees, attorneys, and affiliates, from selling, transferring, assigning,encumbering, or otherwise disposing of cryptocurrency transferred in the transactions listed in Schedule B hereto pending the outcome of an arbitration. 2. Upon receipt of this order, Petitioner shall immediately serve Defendants at e-mail addresses set forth in Schedule A hereto. 3. Petitioner's counsel shall, on the same day service is effectuated, provide an affidavit that the service ordered in Paragraph 2 above has been complete. 4. Defendants shall file any brief in opposition to Petitioners' request for a preliminary injunction on or before August 4, 2021 5. Petitioner shall file any reply briefing in support of her Petition on or before August 6,2021. 6. Defendants are temporarily restrained and enjoined from transacting any cryptocurrency transferred to the exchanges and through the transactions listed in Schedule B hereto. 7. Upon receipt of a copy of this order, the third-party exchanges in Schedule B shall promptly freeze any cryptocurrency and any accounts that received cryptocurrency pursuant to the transactions listed in Schedule B hereto, pending any further court order. 8. The Court GRANTS Petitioner's letter motion to seal portions of its application (Dkt. No.4). Petitioner shall promptly file Schedule A and Schedule B on the public docket after it has effected service as set forth in this Order or file a letter explaining why those documents should remain under seal. 9. The parties and members of the public may access the proceeding at the scheduled time by dialing (888) 363-4749 and entering access code 9196964#. IT IS SO ORDERED. (Show Cause Response due by 8/4/2021, Replies due by 8/6/2021., Telephone Conference set for 8/9/2021 at 02:00 PM before Judge Alison J. Nathan.), Motions terminated: #5 EMERGENCY MOTION for Temporary Restraining Order . filed by GBM Global Holding Company Limited, #4 LETTER MOTION to Seal Portions of Petitioner's Motion for A TRO addressed to Judge Alison J. Nathan from Angus F. Ni dated July 26, 2021. filed by GBM Global Holding Company Limited. (Signed by Judge Alison J. Nathan on 7/28/2021) (jca)
|
| Filing 10 DECLARATION of Angus F. Ni in Support re: #5 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by GBM Global Holding Company Limited..(Ni, Angus) |
| Filing 9 ***EX-PARTE***DECLARATION of Wei Li in Support re: #5 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by GBM Global Holding Company Limited. Motion or Order to File Under Seal: #4 .(Ni, Angus) |
| Filing 8 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #5 EMERGENCY MOTION for Temporary Restraining Order . Concerning the Court's Questions During the July 27, 2021 hearing. Document filed by GBM Global Holding Company Limited..(Ni, Angus) |
| Filing 7 SUPPLEMENTAL LETTER addressed to Judge Alison J. Nathan from Angus F. Ni dated July 26, 2021 re: Petitioner's Provision of Notice to Third Parties and Ongoing Tracing Efforts. Document filed by GBM Global Holding Company Limited..(Ni, Angus) |
| Filing 6 DECLARATION of Angus F. Ni in Support re: #5 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by GBM Global Holding Company Limited. (Attachments: #1 Exhibit A).(Ni, Angus) |
| Filing 5 EMERGENCY MOTION for Temporary Restraining Order . Document filed by GBM Global Holding Company Limited..(Ni, Angus) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) |
| Filing 4 LETTER MOTION to Seal Portions of Petitioner's Motion for A TRO addressed to Judge Alison J. Nathan from Angus F. Ni dated July 26, 2021. Document filed by GBM Global Holding Company Limited..(Ni, Angus) |
| Filing 3 CIVIL COVER SHEET filed..(Ni, Angus) |
| Filing 2 PETITION FOR A TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE IN AID OF ARBITRATION..Document filed by GBM Global Holding Company Limited..(Ni, Angus) |
| Filing 1 PETITION FOR A TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE. (Filing Fee $ 402.00, Receipt Number ANYSDC-24836118).Document filed by GBM Global Holding Company Limited..(Ni, Angus) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Angus Ni. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (gp) |
| Magistrate Judge Gabriel W. Gorenstein 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. (gp) |
| Case Designated ECF. (gp) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. 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..(gp) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: GBM Global Holding Company Limited v. The Unidentified Individuals Listed on Schedule A | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Petitioner: GBM Global Holding Company Limited | |
| Represented By: | Angus Ni |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: The Unidentified Individuals Listed on Schedule A | |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
