IRA Financial Trust v. Gemini Trust Company, LLC
| IRA Financial Trust |
| Gemini Trust Company, LLC |
| 1:2022cv04672 |
| June 6, 2022 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity Action |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 20, 2022. A more recent docket listing may be available from PACER.
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| Filing 28 LETTER addressed to Judge Analisa Torres from Eric Ostroff dated December 20, 2022 re: status letter. Document filed by IRA Financial Trust..(Neger, Peter) |
| Filing 27 LETTER addressed to Judge Analisa Torres from Eric W. Ostroff dated October 24, 2022 re: IRA Financial Trust Co. v. Gemini Trust Company, LLC, No. 1:22-cv-04672. Document filed by IRA Financial Trust..(Ostroff, Eric) |
Filing 26
ORDER STAYING PROCEEDINGS withdrawing #20 Motion to Compel Arbitration. By October 24, 2022, and every sixty days thereafter, the parties shall file a joint letter updating the Court on the status of the arbitration proceedings. The Clerk of Court is directed to terminate the motion at ECF No. 20 and STAY the case. SO ORDERED.. (Signed by Judge Analisa Torres on 8/22/2022) (kv)
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| Case Stayed (kv) |
| Filing 25 PROPOSED ORDER. Document filed by Gemini Trust Company, LLC..(Baughman, John) Proposed Order to be reviewed by Clerk's Office staff. |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #25 Proposed Order was reviewed and approved as to form. (km) |
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Filing 24
ORDER denying #23 Letter Motion for Extension of Time to File. DENIED. Defendant may file a request to stay this action along with its reply memorandum on September 1, 2022. If this request is not granted, the parties shall file their joint letter and proposed case management plan by September 15, 2022. SO ORDERED.. (Signed by Judge Analisa Torres on 8/2/2022) (ks)
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| Filing 23 LETTER MOTION for Extension of Time to File a jointly-proposed Case Management Plan and Scheduling Order addressed to Judge Analisa Torres from Peter C. Neger dated August 1, 2022. Document filed by IRA Financial Trust..(Neger, Peter) |
| Filing 22 DECLARATION of Travis Freeman in Support re: #20 MOTION to Compel Arbitration .. Document filed by Gemini Trust Company, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5 (part one), #6 Exhibit 5 (part two), #7 Exhibit 5 (part three), #8 Exhibit 5 (part four), #9 Exhibit 5 (part five), #10 Exhibit 6, #11 Exhibit 7).(Baughman, John) |
| Filing 21 MEMORANDUM OF LAW in Support re: #20 MOTION to Compel Arbitration . . Document filed by Gemini Trust Company, LLC..(Baughman, John) |
| Filing 20 MOTION to Compel Arbitration . Document filed by Gemini Trust Company, LLC..(Baughman, John) |
| Filing 19 NOTICE OF APPEARANCE by Daniel Aaron Schwartz on behalf of Gemini Trust Company, LLC..(Schwartz, Daniel) |
| Filing 18 NOTICE OF APPEARANCE by Maryia Yrjeuna Jones on behalf of Gemini Trust Company, LLC..(Jones, Maryia) |
| Filing 17 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent WINKLEVOSS CAPITAL FUND, LLC, Corporate Parent Gemini Space Station, LLC for Gemini Trust Company, LLC. Document filed by Gemini Trust Company, LLC..(Baughman, John) |
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Filing 16
ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 6/27/2022) (kv)
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Filing 15
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. (as further set forth herein). SO ORDERED. (Signed by Judge Analisa Torres on 6/27/2022) (kv)
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Filing 14
INITIAL PRETRIAL SCHEDULING ORDER: Counsel for all parties are directed to submit a joint letter and a jointly proposed Case Management Plan and Scheduling Order by August 5, 2022, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. (Signed by Judge Analisa Torres on 6/27/2022) (kv)
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Filing 13
ORDER granting #9 Letter Motion for Conference re: #9 LETTER MOTION for Conference / Pre-motion Conference addressed to Judge Analisa Torres from Jordan Sagalowsky dated June 15, 2022. The Court has reviewed the parties' letters dated June 15 and 16, 2022. ECF Nos. 9, 12. Accordingly, 1. Defendant's request to file a motion to compel arbitration and stay proceedings is GRANTED; 2. By July 28, 2022, Defendant shall file its motion. 3. By August 18, 2022, Plaintiff shall file its response. 4. By September 1, 2022, Defendant shall file its reply, if any. The Clerk of Court is directed to terminate the motion pending at ECF No. 9. SO ORDERED.. (Signed by Judge Analisa Torres on 6/23/2022) (jca)
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| Case Stayed (jca) |
| Set/Reset Deadlines: Motions due by 7/28/2022. Responses due by 8/18/2022 Replies due by 9/1/2022. (jca) |
| Filing 12 LETTER addressed to Judge Analisa Torres from Eric W. Ostroff dated June 16, 2022 re: Response to June 15, 2022 Pre-Motion Letter on Proposed Motion to Compel Arbitration. Document filed by IRA Financial Trust..(Neger, Peter) |
| Filing 11 NOTICE OF APPEARANCE by Barry Antoine Kamar on behalf of IRA Financial Trust..(Kamar, Barry) |
| Filing 10 NOTICE OF APPEARANCE by John Frederick Baughman on behalf of Gemini Trust Company, LLC..(Baughman, John) |
| Filing 9 LETTER MOTION for Conference / Pre-motion Conference addressed to Judge Analisa Torres from Jordan Sagalowsky dated June 15, 2022. Document filed by Gemini Trust Company, LLC. (Attachments: #1 Exhibit A - 2019-09-27 - Gemini - LOCKED - Website - User Agreement, #2 Exhibit B - 2019-07-08 - Gemini - LOCKED - Website - API Agreement).(Sagalowsky, Jordan) |
| Filing 8 NOTICE OF APPEARANCE by Jordan David Sagalowsky on behalf of Gemini Trust Company, LLC..(Sagalowsky, Jordan) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #7 MOTION for Alexander E. Brody to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26274081. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #6 MOTION for Eric W. Ostroff to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26273925. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
| Filing 7 MOTION for Alexander E. Brody to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26274081. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by IRA Financial Trust. (Attachments: #1 Affidavit Declaration of Alexander E. Brody in Support of Motion for Admission Pro Hac Vice, #2 Text of Proposed Order Order for Admission Pro Hac Vice).(Brody, Alexander) |
| Filing 6 MOTION for Eric W. Ostroff to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26273925. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by IRA Financial Trust. (Attachments: #1 Affidavit Declaration of Eric Ostroff in Support of Motion for Admission Pro Hac Vice, #2 Text of Proposed Order Order for Admission Pro Hac Vice).(Ostroff, Eric) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Gemini Trust Company, LLC..(gp) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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) |
| 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. (gp) |
| Case Designated ECF. (gp) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Gemini Trust Company, LLC, re: #1 Complaint. Document filed by IRA Financial Trust..(Neger, Peter) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by IRA Financial Trust..(Neger, Peter) |
| Filing 2 CIVIL COVER SHEET filed..(Neger, Peter) |
| Filing 1 COMPLAINT against Gemini Trust Company, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-26239533)Document filed by IRA Financial Trust..(Neger, Peter) |
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