Patagon Management LLC v. Wu
| Patagon Management LLC |
| Wei "Max" Wu and Wei Max Wu |
| 1:2023cv02742 |
| March 31, 2023 |
| US District Court for the Southern District of New York |
| Victor Marrero |
| Securities/Commodities |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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| Filing 24 AFFIDAVIT OF SERVICE of Document No. 22 on the Case Docket served on Defendant on 05/14/2023. Document filed by Patagon Management LLC. (Attachments: #1 Exhibit A - Email Notice of Preliminary Injunction, #2 Exhibit B - Discord Server Notice of Preliminary Injunction, #3 Exhibit C - Discord DM Notice of Preliminary Injunction).(Conley, Will) |
| Filing 23 AFFIDAVIT OF SERVICE of Document No. 22 on the Case Docket served on Defendant on 05/17/2023. Service was made by Non-Fungible Token. Document filed by Patagon Management LLC..(Cooper, Emily) |
Filing 22
PRELIMINARY INJUNCTION ORDER THE COURT HEREBY FINDS THAT: Jurisdiction and Venue 1. The Court has federal jurisdiction under 28 U.S.C. 1331 because the Amended Complaint asserts claims under Sections 5 and 12(a)(1) of the Securities Act of 1933 ("Securities Act"). Plaintiff has shown that the public interest favors granting a preliminary injunction. I. ORDERED, that Plaintiff has established each of the factors required for a preliminary injunction: (1) immediate, irreparable harm; (2) a likelihood of success on the merits or a substantial question as to the merits; (3) that the balance of hardships tips in Plaintiff's favor; and (4) a temporary restraining order serves the public interest. Citigroup Glob.Markets, Inc. v. VCG Special Opportunities Master Fund Ltd., 598 F.3d 30, 34 (2d Cir.2010). II. ORDERED, that Defendant Wei "Max" Wu, and anyone acting in concert with Defendant, are enjoined, anywhere in the world, from taking any action to abscond with, transfer, remove, or otherwise move assets in the following cryptocurrency wallets or addresses, and any other account or blockchain-based wallet or address that contains assets associated with the Spartacus DAO (including SPA or DAI) that is under control of Defendant. ORDERED, that good cause having been shown, service of the foregoing papers shall be made on Defendant within ten (10) days of the undersigned date. (And as further set forth herein.) SO ORDERED. (Signed by Judge Victor Marrero on 5/8/2023) (jca)
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| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #21 Proposed Order was reviewed and approved as to form. (km) |
| Filing 21 PROPOSED ORDER. Document filed by Patagon Management LLC. Related Document Number: #17 ..(Cooper, Emily) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 20 AFFIDAVIT of Diogenes Casares Regarding Defendant's Non-Compliance With Temporary Restraining Order. Document filed by Patagon Management LLC. (Attachments: #1 Exhibit A).(Cooper, Emily) |
| Filing 19 AFFIDAVIT OF SERVICE of Document Nos. 1-17 on the Case Docket served on Defendant on 05/03/2023. Service was made by Non-Fungible Token. Document filed by Patagon Management LLC. (Attachments: #1 Exhibit A).(Cooper, Emily) |
| Minute Entry for proceedings held before Judge Victor Marrero: Show Cause Hearing held on 5/4/2023. Counsel for Plaintiff present and provided update on status of alternative service of Defendant. Defendant did not appear. Plaintiff is directed to file affidavits regarding service by non-fungible token, evidence related to non-compliance with TRO, and proposed order. (Grubow, Jared) |
| Filing 18 AFFIDAVIT OF SERVICE of Document Nos. 1-17 on the Case Docket served on Defendant on 04/26/2023. Document filed by Patagon Management LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Conley, Will) |
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Filing 17
EX PARTE TEMPORARY RESTRAINING ORDER, ORDER GRANTING ALTERNATIVE SERVICE, AND ORDER TO SHOW CAUSE REGARDING PRELIMINARY INJUNCTION Upon Plaintiff's Amended Complaint, the Declaration of Will M. Conley, the Affidavit of Diogenes Casares, all accompanying exhibits of the foregoing, and all other documents submitted in this action, the Court hereby GRANTS Plaintiff's application for an ex parte temporary restraining order as follows: THE COURT HEREBY FINDS THAT: ORDERED, that Plaintiff has established each of the factors required for a temporary restraining order: (1) immediate, irreparable harm; (2) a likelihood of success on the merits or a substantial question as to the merits; (3) that the balance of hardships tips in Plaintiff's favor; and (4) a temporary restraining order serves the public interest. Citigroup Glob. Markets, Inc. v. VCG Special Opportunities Master Fund Ltd., 598 F.3d 30, 34 (2d Cir. 2010). ORDERED, that Defendant Wei "Max" Wu, and anyone acting in concert with Defendant, are temporarily restrained and enjoined, from anywhere in the world, from taking any action to abscond with, transfer, remove, or otherwise move assets in the following cryptocurrency wallets, and any other blockchain-based wallet that contains assets associated with the Spartacus DAO (including SPA or DAI). ORDERED, that Plaintiff shall not be required to provide a bond in support of this temporary restraining order. IT IS FURTHER ORDERED, that on May 4, 2023, at 11:00 a.m., Defendant shall appear and show cause before the Honorable Victor Marrero, United States District Judge of the United States District Court for the Southern District of New York, why a preliminary injunction pursuant to Federal Rule of Civil Procedure 65 should not be granted, which preliminary injunction would enjoin and restrain Defendant from, directly or indirectly, anywhere in the world, taking any action to abscond with, transfer, remove, or otherwise move assets in the following cryptocurrency wallets, and any other blockchain-based wallet that contains assets associated with the Spartacus DAO (including SPA or DAI). (And as further set forth herein.) SO ORDERED. Show Cause Hearing set for 5/4/2023 at 11:00 AM before Judge Victor Marrero. (Signed by Judge Victor Marrero on 4/26/2023) (jca) Transmission to Finance Unit (Cashiers) for processing.
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| Filing 16 MEMORANDUM OF LAW in Support re: #13 Proposed Order to Show Cause With Emergency Relief . Document filed by Patagon Management LLC..(Cooper, Emily) |
| Filing 15 AFFIDAVIT of Diogenes Casares in Support re: #13 Proposed Order to Show Cause With Emergency Relief. Document filed by Patagon Management LLC. (Attachments: #1 Exhibit A - Introducing Spartacus, #2 Exhibit B - Staking, #3 Exhibit C - Twitter, #4 Exhibit D - Spartacus 2.0, #5 Exhibit E - Phase I, #6 Exhibit F - Phase II, #7 Exhibit G - 1-1, #8 Exhibit H - Bonding, #9 Exhibit I - YouTube, #10 Exhibit J - Dashboard, #11 Exhibit K - Snapshot, #12 Exhibit L - Snapshot, #13 Exhibit M - Snapshot, #14 Exhibit N - Discord, #15 Exhibit O - Snapshot, #16 Exhibit P - Treasury OFAC).(Cooper, Emily) |
| Filing 14 DECLARATION of Will M. Conley in Support re: #13 Proposed Order to Show Cause With Emergency Relief. Document filed by Patagon Management LLC. (Attachments: #1 Exhibit A - Email and Demand Letter, #2 Exhibit B - Aff. of Due Diligence (AZ), #3 Exhibit C - Aff. of Due Diligence (Cambridge MA)).(Cooper, Emily) |
| Filing 13 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Patagon Management LLC..(Cooper, Emily) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 12 AMENDED COMPLAINT amending #1 Complaint against Wei Max Wu with JURY DEMAND.Document filed by Patagon Management LLC. Related document: #1 Complaint. (Attachments: #1 Exhibit A - Email and Demand Letter, #2 Exhibit B - Cointelegraph Article, #3 Exhibit C - WSJ Article, #4 Exhibit D - JDSupra Article, #5 Exhibit E - Chainalysis Article).(Cooper, Emily) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #13 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (km) |
| Filing 11 NOTICE OF APPEARANCE by Emily Barbara Cooper on behalf of Patagon Management LLC..(Cooper, Emily) |
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Filing 10
ORDER FOR ADMISSION PRO HAC VICE granting #8 AMENDED MOTION for John R. Hardin to Appear Pro Hac Vice. The motion of John R. Hardin for admission to practice pro hac vice in the above-captioned action is GRANTED. (Signed by Judge Victor Marrero on 4/11/2023) (jca)
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Filing 9
ORDER FOR ADMISSION PRO HAC VICE granting #5 MOTION for Will M. Conley to Appear Pro Hac Vice. The motion of Will M. Conley for admission to practice pro hac vice in the above-captioned action is GRANTED. (Signed by Judge Victor Marrero on 4/7/2023) (jca)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #8 AMENDED MOTION for John R. Hardin 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) |
| Filing 8 AMENDED MOTION for John R. Hardin to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Patagon Management LLC. (Attachments: #1 Affidavit Affidavit of John R. Hardin in Support of Motion for Admission Pro Hac Vice, #2 Text of Proposed Order Proposed Order for Admission Pro Hac Vice).(Hardin, John) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #5 MOTION for Will M. Conley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27566916. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (dsh) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #6 MOTION for John R. Hardin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27567274. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Certificate of Good Standing from The Supreme Court of Texas; Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (dsh) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Wei Max Wu..(jgo) |
| Filing 6 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for John R. Hardin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27567274. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Patagon Management LLC. (Attachments: #1 Affidavit Affidavit of John R. Hardin in Support of Motion for Admission Pro Hac Vice, #2 Text of Proposed Order Proposed Order for Admission Pro Hac Vice).(Hardin, John) Modified on 4/6/2023 (dsh). |
| Filing 5 MOTION for Will M. Conley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27566916. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Patagon Management LLC. (Attachments: #1 Affidavit Affidavit of Will M. Conley in Support of Motion for Admission Pro Hac Vice, #2 Text of Proposed Order Proposed Order for Admission Pro Hac Vice).(Conley, Will) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Defendant Wei "Max" Wu, re: #1 Complaint. Document filed by Patagon Management LLC..(Park, Hellen) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Patagon Management LLC..(Park, Hellen) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Hellen Park. The party information for the following party/parties has been modified: Wei "Max" Wu. The information for the party/parties has been modified for the following reason/reasons: party name was entered with quotation marks. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Victor Marrero. 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..(vf) |
| Case Designated ECF. (vf) |
| 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. (vf) |
| Filing 2 CIVIL COVER SHEET filed..(Park, Hellen) |
| Filing 1 COMPLAINT against Wei "Max" Wu. (Filing Fee $ 402.00, Receipt Number ANYSDC-27550174)Document filed by Patagon Management LLC..(Park, Hellen) |
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