Securities and Exchange Commission v. Terraform Labs Pte Ltd. et al
| Securities and Exchange Commission |
| Do Hyeong Kwon and Terraform Labs Pte Ltd. |
| Paradigm Operations LP |
| 1:2023cv01346 |
| February 16, 2023 |
| US District Court for the Southern District of New York |
| Jed S Rakoff |
| Securities/Commodities |
| 12 U.S.C. § 22 Securities Fraud |
| Plaintiff |
Docket Report
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Filing 41
RESPONSE in Opposition to Motion re: #28 MOTION to Dismiss Plaintiff's Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(2) & 12(b)(6). Response to Supplemental Memorandum. Document filed by Securities and Exchange Commission..(Connor, James)
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Filing 40
SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #28 MOTION to Dismiss Plaintiff's Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(2) & 12(b)(6). . Document filed by Do Hyeong Kwon, Terraform Labs Pte Ltd.. (Attachments: #1 Exhibit 1 - Transcript of June 13, 2023 Hearing, #2 Exhibit 2 - Third Circuit Sua Sponte Order, #3 Exhibit 3 - SEC Response to Sua Sponte Order, #4 Exhibit 4 - Internal SEC E-Mails from SEC v. Ripple, #5 Exhibit 5 - Internal SEC E-Mails from SEC v. Ripple, #6 Exhibit 6 - Internal SEC E-Mails from SEC v. Ripple, #7 Exhibit 7 - Internal SEC E-Mails from SEC v. Ripple, #8 Exhibit 8 - Internal SEC E-Mails from SEC v. Ripple, #9 Exhibit 9 - Internal SEC E-Mails from SEC v. Ripple).(Henkin, Douglas)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Further to conversations with both parties counsel on June 6, 2023, oral argument on the defendants motion to dismiss is adjourned to June 15, 2023 at 2:00pm in Courtroom 14B at 500 Pearl Street, New York, NY. (Kotowski, Linda)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: ( Oral Argument set for 6/8/2023 at 04:00 PM before Judge Jed S. Rakoff.). (Kotowski, Linda)
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Filing 39
MOTION for Matthew A. Lafferman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27818719. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Do Hyeong Kwon, Terraform Labs Pte Ltd...(Lafferman, Matthew)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #39 MOTION for Matthew A. Lafferman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27818719. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: ( Oral Argument set for 6/6/2023 at 04:30 PM before Judge Jed S. Rakoff.). (Kotowski, Linda)
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Filing 38
AMENDED REPLY MEMORANDUM OF LAW in Support re: #28 MOTION to Dismiss Plaintiff's Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(2) & 12(b)(6). (Corrected as to Dkt. #37). Document filed by Do Hyeong Kwon, Terraform Labs Pte Ltd...(Henkin, Douglas)
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Filing 37
REPLY MEMORANDUM OF LAW in Support re: #28 MOTION to Dismiss Plaintiff's Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(2) & 12(b)(6). . Document filed by Do Hyeong Kwon, Terraform Labs Pte Ltd...(Henkin, Douglas)
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Filing 36
DECLARATION of Douglas W. Henkin in Support re: #28 MOTION to Dismiss Plaintiff's Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(2) & 12(b)(6).. Document filed by Do Hyeong Kwon, Terraform Labs Pte Ltd.. (Attachments: #1 Exhibit -HHH to Douglas W. Henkin Declaration in Further Support of Defendants' Motion to Dismiss, #2 Exhibit -III to Douglas W. Henkin Declaration in Further Support of Defendants' Motion to Dismiss, #3 Exhibit -JJJ to Douglas W. Henkin Declaration in Further Support of Defendants' Motion to Dismiss, #4 Exhibit -LLL to Douglas W. Henkin Declaration in Further Support of Defendants' Motion to Dismiss, #5 Exhibit -KKK to Douglas W. Henkin Declaration in Further Support of Defendants' Motion to Dismiss).(Henkin, Douglas)
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Filing 35
NOTICE OF APPEARANCE by Nicholas W. Petts on behalf of Do Hyeong Kwon, Terraform Labs Pte Ltd...(Petts, Nicholas)
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Filing 34
PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... SO ORDERED. (Signed by Judge Jed S. Rakoff on 5/15/2023) (kv)
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Filing 33
DECLARATION of James P. Connor in Opposition re: #28 MOTION to Dismiss Plaintiff's Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(2) & 12(b)(6).. Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit PP to Declaration of James P. Connor, #2 Exhibit QQ to Declaration of James P. Connor, #3 Exhibit RR to Declaration of James P. Connor, #4 Exhibit SS to Declaration of James P. Connor, #5 Exhibit TT to Declaration of James P. Connor, #6 Exhibit UU to Declaration of James P. Connor, #7 Exhibit VV to Declaration of James P. Connor, #8 Exhibit WW to Declaration of James P. Connor, #9 Exhibit XX to Declaration of James P. Connor, #10 Exhibit YY to Declaration of James P. Connor, #11 Exhibit ZZ to Declaration of James P. Connor, #12 Exhibit AAA to Declaration of James P. Connor, #13 Exhibit BBB to Declaration of James P. Connor, #14 Exhibit CCC to Declaration of James P. Connor, #15 Exhibit DDD to Declaration of James P. Connor, #16 Exhibit EEE to Declaration of James P. Connor, #17 Exhibit FFF to Declaration of James P. Connor, #18 Exhibit GGG to Declaration of James P. Connor).(Connor, James)
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Filing 32
MEMORANDUM OF LAW in Opposition re: #28 MOTION to Dismiss Plaintiff's Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(2) & 12(b)(6). . Document filed by Securities and Exchange Commission..(Connor, James)
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Filing 31
NOTICE OF APPEARANCE by Mark Califano on behalf of Do Hyeong Kwon, Terraform Labs Pte Ltd...(Califano, Mark)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 5/8/2023, without transcription or recording in which counsel for both parties was present, the Court orders the parties to provide letter briefing of no more than five single-spaced pages on the confidentiality issue discussed during the conference by Wednesday, May 17, 2023. In addition to filing their respective motions on this docket, the parties should email a copy of their letters to the Chambers inbox. (Kotowski, Linda)
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Filing 30
DECLARATION of Douglas W. Henkin in Support re: #28 MOTION to Dismiss Plaintiff's Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(2) & 12(b)(6).. Document filed by Do Hyeong Kwon, Terraform Labs Pte Ltd.. (Attachments: #1 Exhibit -A to Declaration of Douglas W. Henkin, #2 Exhibit -B to Declaration of Douglas W. Henkin, #3 Exhibit -C to Declaration of Douglas W. Henkin, #4 Exhibit -D to Declaration of Douglas W. Henkin, #5 Exhibit -E to Declaration of Douglas W. Henkin, #6 Exhibit -F to Declaration of Douglas W. Henkin, #7 Exhibit -G to Declaration of Douglas W. Henkin, #8 Exhibit -H to Declaration of Douglas W. Henkin, #9 Exhibit -I to Declaration of Douglas W. Henkin, #10 Exhibit -J to Declaration of Douglas W. Henkin, #11 Exhibit -K to Declaration of Douglas W. Henkin, #12 Exhibit -L to Declaration of Douglas W. Henkin, #13 Exhibit -M to Declaration of Douglas W. Henkin, #14 Exhibit N- to Declaration of Douglas W. Henkin, #15 Exhibit -O to Declaration of Douglas W. Henkin, #16 Exhibit -P to Declaration of Douglas W. Henkin, #17 Exhibit -Q to Declaration of Douglas W. Henkin, #18 Exhibit -R to Declaration of Douglas W. Henkin, #19 Exhibit -S to Declaration of Douglas W. Henkin, #20 Exhibit -T to Declaration of Douglas W. Henkin, #21 Exhibit -U to Declaration of Douglas W. Henkin, #22 Exhibit -V to Declaration of Douglas W. Henkin, #23 Exhibit -W to Declaration of Douglas W. Henkin, #24 Exhibit -X to Declaration of Douglas W. Henkin, #25 Exhibit -Y to Declaration of Douglas W. Henkin, #26 Exhibit -Z to Declaration of Douglas W. Henkin, #27 Exhibit -AA.1 to Declaration of Douglas W. Henkin, #28 Exhibit -BB to Declaration of Douglas W. Henkin, #29 Exhibit -CC to Declaration of Douglas W. Henkin, #30 Exhibit -DD to Declaration of Douglas W. Henkin, #31 Exhibit -EE to Declaration of Douglas W. Henkin, #32 Exhibit -FF to Declaration of Douglas W. Henkin, #33 Exhibit -GG to Declaration of Douglas W. Henkin, #34 Exhibit -HH to Declaration of Douglas W. Henkin, #35 Exhibit -II to Declaration of Douglas W. Henkin, #36 Exhibit -JJ to Declaration of Douglas W. Henkin, #37 Exhibit -KK to Declaration of Douglas W. Henkin, #38 Exhibit -LL to Declaration of Douglas W. Henkin, #39 Exhibit -MM to Declaration of Douglas W. Henkin, #40 Exhibit -NN to Declaration of Douglas W. Henkin, #41 Exhibit -OO to Declaration of Douglas W. Henkin).(Henkin, Douglas)
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Filing 29
MEMORANDUM OF LAW in Support re: #28 MOTION to Dismiss Plaintiff's Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(2) & 12(b)(6). . Document filed by Do Hyeong Kwon, Terraform Labs Pte Ltd...(Henkin, Douglas)
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Filing 28
MOTION to Dismiss Plaintiff's Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(2) & 12(b)(6). Document filed by Do Hyeong Kwon, Terraform Labs Pte Ltd.. Responses due by 5/12/2023.(Henkin, Douglas)
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Filing 27
BRIEF of Paradigm Operations LP as Amicus Curiae in Support of Neither Party. Document filed by Paradigm Operations LP..(Spillane, Meghan)
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Filing 26
Amicus Curiae APPEARANCE entered by Meghan K. Spillane on behalf of Paradigm Operations LP..(Spillane, Meghan)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 4/19/2023, without recording or transcription, at which all parties counsel were present, the Court rules on the parties applications as follows. First, the Court grants leave to the defendants to file a single, joint brief of up to forty pages. Second, the plaintiff is granted leave to file a brief of up to the same amount of pages. Third, defendants may submit a reply brief of up to twenty pages. Fourth, the SECs application for an extension of time to answer defendants motion to dismiss is denied. Finally, non-party Paradigm Operations LP is granted leave to file an amicus brief. --. (Kotowski, Linda)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 4/14/2023, without transcription or recording. Counsel for the SEC and for defendants Do Hyeong Kwon and Terraform Labs were present. Defendants application for an order compelling the SEC to withdraw requests previously made to Singapores monetary authority for documents from defendants and third party Luna Foundation Guard is denied.. (Kotowski, Linda)
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Filing 25
AMENDED COMPLAINT amending #1 Complaint against Do Hyeong Kwon, Terraform Labs Pte Ltd. with JURY DEMAND.Document filed by Securities and Exchange Commission. Related document: #1 Complaint..(Connor, James)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney James Patrick Connor to RE-FILE Document No. #24 Amended Complaint. The filing is deficient for the following reason(s): the All Defendant radio button was selected. Re-file the pleading using the event type Amended 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. (vf)
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Filing 24
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - AMENDED COMPLAINT amending #1 Complaint against All Defendants with JURY DEMAND.Document filed by Securities and Exchange Commission. Related document: #1 Complaint..(Connor, James) Modified on 4/3/2023 (vf).
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Filing 23
NOTICE OF APPEARANCE by Christopher James Carney on behalf of Securities and Exchange Commission..(Carney, Christopher)
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Filing 22
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/7/2023 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)
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Filing 21
TRANSCRIPT of Proceedings re: CONFERENCE held on 3/7/2023 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Sonya Ketter Moore, (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 4/4/2023. Redacted Transcript Deadline set for 4/14/2023. Release of Transcript Restriction set for 6/12/2023..(McGuirk, Kelly)
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Filing 20
CIVIL CASE MANAGEMENT PLAN: The case is to be tried to a jury. Motion to Dismiss: Moving -4/21, Answering -5/12, Reply -5/19. Amended Pleadings due by 3/31/2023. Motions due by 9/26/2023. Responses due by 10/10/2023 Replies due by 10/17/2023. Deposition due by 8/31/2023. Discovery due by 9/12/2023. Oral Argument set for 5/25/2023 at 04:00 PM before Judge Jed S. Rakoff. Final Pretrial Conference set for 10/24/2023 at 04:00 PM before Judge Jed S. Rakoff. Ready for Trial by 10/17/2023. (Signed by Judge Jed S. Rakoff on 3/7/2023) (kv)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Initial Pretrial Conference held on 3/7/2023, ( Final Pretrial Conference set for 10/24/2023 at 04:00 PM before Judge Jed S. Rakoff., Oral Argument set for 5/25/2023 at 04:00 PM before Judge Jed S. Rakoff. All matters in person only in courtroom 14B of 500 Pearl Street.) (Kotowski, Linda)
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Filing 19
ORDER FOR ADMISSION PRO HAC VICE OF STEPHEN J. SENDEROWITZ granting #18 Motion for Stephen J. Senderowitz to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys.. (Signed by Judge Jed S. Rakoff on 3/7/2023) (kv)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #18 MOTION for Stephen J. Senderowitz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27425824. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)
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Filing 18
MOTION for Stephen J. Senderowitz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27425824. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Do Hyeong Kwon, Terraform Labs Pte Ltd...(Senderowitz, Stephen)
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Filing 17
PROPOSED CASE MANAGEMENT PLAN. Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit A, #2 Exhibit B).(Staren, Devon)
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Filing 16
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Terraform Labs Pte Ltd...(Henkin, Douglas)
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Filing 15
NOTICE OF APPEARANCE by David Leon Kornblau on behalf of Terraform Labs Pte Ltd...(Kornblau, David)
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Filing 14
NOTICE OF APPEARANCE by Douglas W Henkin on behalf of Terraform Labs Pte Ltd...(Henkin, Douglas)
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Minute Entry for proceedings held before Judge Jed S. Rakoff:. Initial Conference set for 3/7/2023 at 11:15 AM before Judge Jed S. Rakoff will be in courtroom 14B of 500 Pearl Street. (Kotowski, Linda)
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Filing 13
WAIVER OF SERVICE RETURNED EXECUTED. All Defendants. Document filed by Securities and Exchange Commission..(Meehan, Laura)
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Filing 12
NOTICE OF COURT CONFERENCE: DATE AND PLACE OF CONFERENCE: 3/7/2023, ON A TELECONFERENCE LINE AT 11:15am. 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. Initial Conference set for 3/7/2023 at 11:15 AM before Judge Jed S. Rakoff. (Signed by Judge Jed S. Rakoff on 2/23/2023) (kv)
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Filing 11
ORDER FOR ADMISSION PRO HAC VICE granting #7 Motion for Devon Leppink Staren to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys.. (Signed by Judge Jed S. Rakoff on 2/23/2023) (kv)
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Filing 10
ORDER FOR ADMISSION PRO HAC VICE granting #3 Motion for James P. Connor to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys.. (Signed by Judge Jed S. Rakoff on 2/23/2023) (kv)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #7 MOTION for Devon Leppink Staren to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
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Filing 9
ELECTRONIC SUMMONS ISSUED as to Terraform Labs Pte Ltd...(pc)
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Filing 8
ELECTRONIC SUMMONS ISSUED as to Do Hyeong Kwon..(pc)
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Filing 7
MOTION for Devon Leppink Staren to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Securities and Exchange Commission. (Attachments: #1 Affidavit Staren Declaration, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(Staren, Devon)
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Filing 6
NOTICE OF APPEARANCE by Laura E. Meehan on behalf of Securities and Exchange Commission..(Meehan, Laura)
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Filing 5
REQUEST FOR ISSUANCE OF SUMMONS as to Do Hyeong Kwon, re: #1 Complaint. Document filed by Securities and Exchange Commission..(Connor, James)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to Terraform Labs PTE Ltd., re: #1 Complaint. Document filed by Securities and Exchange Commission..(Connor, James)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #3 MOTION for James P. Connor to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
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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..(pc)
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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)
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Case Designated ECF. (pc)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney James Patrick Connor to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): second page is missing;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (pc)
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Filing 3
MOTION for James P. Connor to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Securities and Exchange Commission. (Attachments: #1 Affidavit Affidavit, #2 Text of Proposed Order Proposed Order, #3 Exhibit DC Certificate of Good Standing, #4 Exhibit Virginia Certificate of Good Standing).(Connor, James)
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Filing 2
FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Connor, James) Modified on 2/17/2023 (pc).
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Filing 1
COMPLAINT against Do Hyeong Kwon, Terraform Labs Pte Ltd.. Document filed by Securities and Exchange Commission..(Connor, James)
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