Federal Trade Commission v. Voyager Digital, LLC et al
| Federal Trade Commission |
| Voyager Digital, LLC, Voyager Digital Holdings, Inc., Voyager Digital Ltd., Stephen Ehrlich and Francine Ehrlich |
| 1:2023cv08960 |
| October 12, 2023 |
| US District Court for the Southern District of New York |
| Sarah L Cave |
| Gregory H Woods |
| Other Statutory Actions |
| 15 U.S.C. § 0053 Federal Trade Commission Act |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 16, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 37
ORDER granting #36 Letter Motion for Extension of Time. Application granted. The deadline for Defendant Stephen Ehrlich and Relief Defendant Francine Ehrlich to file their request for a pre-motion conference is extended to December 22, 2023. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 36. (Signed by Judge Gregory H. Woods on 11/30/2023) (rro)
|
| Filing 36 LETTER MOTION for Extension of Time to Request Pre-Motion Conference addressed to Judge Gregory H. Woods from Sarah Krissoff dated November 29, 2023. Document filed by Francine Ehrlich, Stephen Ehrlich..(Krissoff, Sarah) |
|
Filing 35
STIPULATED ORDER FOR PERMANENT INJUNCTION, MONETARY JUDGMENT, AND OTHER RELIEF: IT IS ORDERED that Corporate Defendants are permanently restrained and enjoined from advertising, marketing, promoting, offering, or distributing, or assisting in the advertising, marketing, promoting, offering, or distributing of any product or service that can be used to deposit, exchange, invest, or withdraw assets, whether directly or through an intermediary. IT IS FURTHER ORDERED that Corporate Defendants, Corporate Defendants' officers, agents, employees, and attorneys, and all other persons in active concert or participation with any of them, who receive actual notice of this Order, whether acting directly or indirectly, in connection with promoting or offering for sale any product or service are permanently restrained and enjoined from misrepresenting or assisting others in misrepresenting, expressly or by implication the benefits of Defendants' products or services or any other material fact about Defendants' products or services, such as the total costs; any material restrictions, limitations, or conditions; or any material aspect of its performance, efficacy, nature, or central characteristics. IT IS FURTHER ORDERED that this Order does not restrain or enjoin the deposit, exchange, distribution, investment, or withdrawal of assets owned or held by the Debtor Defendants and being administered in accordance with the United States Bankruptcy Code and orders of the court in the Bankruptcy Case. For the avoidance of doubt, Part VI.C-D, below,does not create a contingent liability against the Debtor Defendants and does not preclude the full distribution of assets held by the Debtor Defendants in the Bankruptcy Case. IT IS FURTHER ORDERED that: A. Judgment in the amount of $1,650,000,000 is entered in favor of the Commission against Corporate Defendants, jointly and severally, as monetary relief. Corporate Defendants' liability for this judgment shall be joint and several with any other Defendants to the extent subsequently ordered. B. The judgment is suspended as to Corporate Defendants subject to the Subsections of this Section below. C. The suspension of the judgment as to Corporate Defendants is expressly premised upon the truthfulness, accuracy, and completeness of Corporate Defendants' sworn financial attestations submitted to the Commission and to the Bankruptcy Court. D. The suspension will be lifted as to Corporate Defendants if, upon motion by the Commission or the Commission, the Court finds that a Corporate Defendant failed to disclose any material asset, materially misstated the value of any asset, or made any other material misstatement or omission in the financial representations identified above. The suspension will also be lifted as to Corporate Defendants if the Bankruptcy Case is closed, dismissed, or otherwise concluded, in each case, without the estate(s) being fully administered, including any distributions to creditors, in accordance with the Bankruptcy Code. All money received by the Commission pursuant to this Order may be deposited into a fund administered by the Commission or its designee to be used for consumer relief, such as redress and any attendant expenses for the administration of any redress fund. If a representative of the Commission decides that direct redress to consumers is wholly or partially impracticable or money remains after such redress is completed, the Commission may apply any remaining money for such related relief (including consumer information remedies) as it determines to be reasonably related to Corporate Defendants' practices alleged in the Complaint. Any money not used for relief is to be deposited to the U.S. Treasury. Corporate Defendants have no right to challenge any actions the Commission or its representatives may take pursuant to this Subsection. IT IS FURTHER ORDERED that this Court retains jurisdiction of this matter for purposes of construction, modification, and enforcement of this Order. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 34. (Signed by Judge Gregory H. Woods on 11/24/2023) (rro)
|
| Filing 34 MOTION for Settlement . Document filed by Federal Trade Commission. (Attachments: #1 Proposed Order Stipulated Order for Permanent Injunction, Monetary Judgment, and Other Relief, #2 Affidavit in Support of Motion, #3 Supplement Memorandum of Law in Support of Motion).(Martin, Quinn) |
|
Filing 33
ORDER ADMITTING COUNSEL PRO HAC VICE granting #27 MOTION for Larkin Turner to Appear Pro Hac Vice. The motion of Larkin Turner for admission to practice Pro Hac Vice in the above-captioned action is granted. The Clerk of Court is respectfully directed to close ECF No. 27.. (Signed by Magistrate Judge Sarah L. Cave on 11/20/2023) (jca)
|
| Filing 32 WAIVER OF SERVICE RETURNED EXECUTED. Voyager Digital Ltd. waiver sent on 10/12/2023, answer due 12/11/2023. Document filed by Federal Trade Commission..(Turner, Larkin) |
| Filing 31 WAIVER OF SERVICE RETURNED EXECUTED. Voyager Digital, LLC waiver sent on 10/12/2023, answer due 12/11/2023. Document filed by Federal Trade Commission..(Turner, Larkin) |
| Filing 30 WAIVER OF SERVICE RETURNED EXECUTED. Voyager Digital Holdings, Inc. waiver sent on 10/12/2023, answer due 12/11/2023. Document filed by Federal Trade Commission..(Turner, Larkin) |
| Filing 29 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNECE proceeding held on 11/3/2023 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) |
| Filing 28 TRANSCRIPT of Proceedings re: CONFERNECE held on 11/3/2023 before Judge Gregory H. Woods. Court Reporter/Transcriber: Tracy Groth, (212) 805-0320. 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 12/5/2023. Redacted Transcript Deadline set for 12/15/2023. Release of Transcript Restriction set for 2/12/2024..(McGuirk, Kelly) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #27 MOTION for Larkin Turner 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 27 MOTION for Larkin Turner to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Federal Trade Commission. (Attachments: #1 Affidavit Affidavit and certificates of good standing, #2 Proposed Order Proposed order).(Turner, Larkin) |
| Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 11/3/2023. (Court Reporter present) (wv) |
| Filing 26 NOTICE OF APPEARANCE by Joseph B. Evans on behalf of Voyager Digital Holdings, Inc., Voyager Digital Ltd., Voyager Digital, LLC..(Evans, Joseph) |
| Filing 25 NOTICE OF APPEARANCE by Matthew J. Letten on behalf of Francine Ehrlich, Stephen Ehrlich..(Letten, Matthew) |
| Filing 24 NOTICE OF APPEARANCE by Helen Harris on behalf of Francine Ehrlich, Stephen Ehrlich..(Harris, Helen) |
| Filing 23 WAIVER OF SERVICE RETURNED EXECUTED. Francine Ehrlich waiver sent on 10/12/2023, answer due 12/11/2023. Document filed by Federal Trade Commission..(Martin, Quinn) |
| Filing 22 WAIVER OF SERVICE RETURNED EXECUTED. Stephen Ehrlich waiver sent on 10/12/2023, answer due 12/11/2023. Document filed by Federal Trade Commission..(Martin, Quinn) |
| Filing 21 NOTICE OF APPEARANCE by Sarah Rebecca Krissoff on behalf of Francine Ehrlich..(Krissoff, Sarah) |
| Filing 20 NOTICE OF APPEARANCE by Sarah Rebecca Krissoff on behalf of Stephen Ehrlich..(Krissoff, Sarah) |
|
Filing 19
ORDER FOR ADMISSION PRO HAC VICE OF ERIN ZACUTOCASS granting #18 Motion for Erin Zacuto Cass to Appear Pro Hac Vice. The motion of Erin Zacuto Cass, for admission to practice pro hac vice in the above-captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice as counsel for Defendants in the above-captioned action 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. The Clerk of Court is respectfully directed to close ECF No. 18. (Signed by Magistrate Judge Sarah L Cave on 11/1/23) (yv)
|
| Filing 18 MOTION for Erin Zacuto Cass to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28500811. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Voyager Digital Holdings, Inc., Voyager Digital Ltd., Voyager Digital, LLC. (Attachments: #1 Affidavit in Support of the Motion, #2 Exhibit Certificate of Good Standing, #3 Proposed Order for Admission Pro Hac Vice).(Cass, Erin) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #18 MOTION for Erin Zacuto Cass to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28500811. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| Filing 17 LETTER addressed to Magistrate Judge Sarah L. Cave from Allyson B. Baker, Paul Hastings, LLP dated 10/30/2023 re: Response to Court's October 15 Order. Document filed by Voyager Digital Holdings, Inc., Voyager Digital Ltd., Voyager Digital, LLC. (Attachments: #1 Affidavit of Paul R. Hage, Plan Administrator for the Voyager Wind-Down Debtor).(Baker, Allyson) |
|
Filing 16
ORDER: On October 24, 2023, Plaintiff and the Corporate Defendants filed a letter motion, Dkt. No. 11, seeking entry of their proposed stipulated order for a permanent injunction, monetary judgment, and other relief, Dkt. No. 4. Plaintiff and the Corporate Defendants filed this letter motion in response to the Court's October 15, 2023 order, directing them "to submit supplemental briefing describing the status of any... ongoing [bankruptcy] proceedings, and describing the basis for the Court's authority to grant the relief requested in the proposed order, and the effect of that requested order on the ongoing bankruptcy proceedings and the interests of any other creditors in those proceedings." Dkt. No. 5. The Court will hold a conference to discuss this matter on November 3, 2023 at 4:00 p.m. The parties are directed to the Court's Individual Rules of Practice in Civil Cases, which are available on the Court's website. Rule 2 of the Court's Individual Rules contains the dial-in number for the conference and other relevant instructions. The parties are specifically directed to comply with Rule 2(B) of the Court's Individual Rules. Telephone Conference set for 11/3/2023 at 04:00 PM before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 10/28/2023) (rro)
|
|
Filing 15
ORDER FOR ADMISSION PRO HAC VICE OF ALLYSON B. BAKER granting #13 Motion for Allyson Beth Baker to Appear Pro Hac Vice. The motion of Allyson B. Baker, for admission to practice pro hac vice in the above-captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice as counsel for Defendants in the above-captioned action 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. The Clerk of Court is respectfully directed to close ECF No. 13. (Signed by Magistrate Judge Sarah L Cave on 10/25/23) (yv)
|
|
Filing 14
ORDER ADMITTING COUNSEL PRO HAC VICE granting #12 Motion for Sanya Shahrasbi to Appear Pro Hac Vice. The motion of Sanya Shahrasbi for admission to practice Pro Hac Vice in the above-captioned action is granted. 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. The Clerk of Court is respectfully directed to close ECF No. 12. (Signed by Magistrate Judge Sarah L Cave on 10/25/23) (yv)
|
| Filing 13 MOTION for Allyson Beth Baker to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28471313. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Voyager Digital Holdings, Inc., Voyager Digital Ltd., Voyager Digital, LLC. (Attachments: #1 Affidavit in Support of the Motion, #2 Exhibit Certificates of Good Standing, #3 Proposed Order for Admission Pro Hac Vice).(Baker, Allyson) |
| Filing 12 MOTION for Sanya Shahrasbi to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Federal Trade Commission. (Attachments: #1 Affidavit In Support of the Motion, #2 Supplement Certificate of Good Standing, #3 Proposed Order Admitting Counsel Pro Hac Vice).(Shahrasbi, Sanya) |
| Filing 11 LETTER MOTION for Leave to File Stipulated Order addressed to Magistrate Judge Sarah L. Cave from Federal Trade Commission dated 10/24/2023. Document filed by Federal Trade Commission. (Attachments: #1 Proposed Order Stipulated Order, #2 Affidavit in Support of Letter Motion).(Martin, Quinn) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #13 MOTION for Allyson Beth Baker to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28471313. 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. #12 MOTION for Sanya Shahrasbi 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 10 NOTICE OF APPEARANCE by Meredith Leigh Boylan on behalf of Voyager Digital Holdings, Inc., Voyager Digital Ltd., Voyager Digital, LLC..(Boylan, Meredith) |
|
Filing 9
ORDER granting #7 Motion for Quinn Martin to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (wv)
|
| Filing 8 AFFIDAVIT OF SERVICE of Order served on Voyager Digital, LLC; Voyager Digital Holdings, Inc.; Voyager Digital Ltd.; Stephen Ehrlich; and Francine Ehrlich on 10/16/23. Document filed by Federal Trade Commission..(Martin, Quinn) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #7 AMENDED MOTION for Quinn Martin 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) |
| Filing 7 AMENDED MOTION for Quinn Martin to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Federal Trade Commission. (Attachments: #1 Affidavit Affidavit in Support of Motion to Appear Pro Hac Vice, #2 Supplement Certificate of Good Standing from Supreme Court of CA, #3 Proposed Order Proposed Order Admitting Counsel Pro Hac Vice).(Martin, Quinn) |
|
Filing 6
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Sarah L Cave. (Signed by Judge Gregory H. Woods on 10/16/2023) (rro)
|
|
Filing 5
ORDER terminating #4 Motion for Settlement. Plaintiff and the Corporate Defendants have proposed that the Court include in the order a number of provisions that purport to affect what appear to be ongoing bankruptcy proceedings. See, e.g. Proposed Order paragraph V, VI, VII(C) and (F). Plaintiff and the Corporate Defendants are directed to submit supplemental briefing describing the status of any such ongoing proceedings, and describing the basis for the Court's authority to grant the relief requested in the proposed order, and the effect of that requested order on the ongoing bankruptcy proceedings and the interests of any other creditors in those proceedings. Additionally, counsel for the Corporate Defendants are directed to enter a notice of appearance in this case. Counsel for Plaintiff is directed to serve this order on all Defendants and to file proof of service. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 4.SO ORDERED. (Signed by Judge Gregory H. Woods on 10/15/2023) (rro)
|
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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) |
| Magistrate Judge Sarah L. Cave 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) |
| Case Designated ECF. (vf) |
| Filing 4 JOINT MOTION for Settlement as to Defendants Voyager Digital LLC; Voyager Digital Holdings, Inc.; and Voyager Digital Ltd. Document filed by Federal Trade Commission. (Attachments: #1 Proposed Order Stipulated Order for Permanent Injunction, Monetary Judgment, and Other Relief).(Martin, Quinn) |
| Filing 3 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Quinn Martin to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Federal Trade Commission. (Attachments: #1 Affidavit in support of Motion to Admit Counsel Pro Hac Vice, #2 Supplement Certificate of Good Standing, #3 Proposed Order Admitting Counsel Pro Hac Vice).(Martin, Quinn) Modified on 10/12/2023 (sgz). |
| Filing 2 CIVIL COVER SHEET filed..(Aizpuru, Katherine) |
| Filing 1 COMPLAINT against Francine Ehrlich, Stephen Ehrlich, Voyager Digital Holdings, Inc., Voyager Digital Ltd., Voyager Digital, LLC. Document filed by Federal Trade Commission..(Aizpuru, Katherine) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #3 MOTION for Quinn Martin to Appear Pro Hac Vice . 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 Supreme Court of California 415-865-7000; Please include case number on all documents;. 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. (sgz) |
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
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.
