Safety Shot, Inc. v. Capybara Research et al
| Safety Shot, Inc. |
| Capybara Research, Igor Appelboom and Accretive Capital LLC d/b/a Benzinga |
| 1:2023cv10728 |
| December 8, 2023 |
| US District Court for the Southern District of New York |
| Jed S Rakoff |
| Securities/Commodities |
| 15 U.S.C. § 77 Securities Fraud |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 30 CLERK'S CERTIFICATE OF DEFAULT as to Accretive Capital d/b/a Benzinga.(km) |
| Filing 29 DECLARATION of Waleed Amer in Support re: #28 Proposed Clerk's Certificate of Default. Document filed by Safety Shot, Inc.. (Attachments: #1 Exhibit Proposed Clerk's Certificate of Default (Benzinga)).(Amer, Waleed) |
| Filing 28 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Safety Shot, Inc...(Amer, Waleed) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 1/29/2024 (km). |
| Filing 27 DECLARATION of Waleed Amer re: #18 Certificate of Service Complaints . Document filed by Safety Shot, Inc.. (Attachments: #1 Proposed Order Clerk's Certificate of Default (Benzinga)).(Amer, Waleed) |
| Filing 26 AFFIDAVIT OF SERVICE of Summons and Complaint,. Igor Appelboom served on 1/16/2024, answer due 2/6/2024; Capybara Research served on 1/16/2024, answer due 2/6/2024. Document filed by Safety Shot, Inc.. (Attachments: #1 Exhibit Exhibit 1 - 8-K dated January 16, 2024, #2 Exhibit Exhibit 2 - Press Release).(Amer, Waleed) |
| Filing 25 LETTER addressed to Judge Jed S. Rakoff from Eric J. Benzenberg dated January 9, 2024 re: letter providing update. Document filed by Safety Shot, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(ks) |
Filing 24
ORDER granting #20 Motion to Serve. ORDERED that Plaintiff is authorized to serve Defendants Capybara Research ("Capybara Research") and Igor Appelboom ("Appelboom") its summons and complaint via electronic publication through Capybara Research's X (f/k/a Twitter) account, @CapybaraShort, pursuantto Rule 4(f)(3) of the Federal Rules of Civil Procedure on the grounds that (i) Defendants deleted their respective email addresses making the previously authorized service by email impracticable, (ii) service through social media accounts is permitted under Hague Convention and Rule 4(f)(3) of the Federal Rules of Civil Procedure and (iii) service through Capybara Research's social media account is reasonably calculated to provide both Defendants with notice of this action because Plaintiff has shown that Appelboom is the individual who owns and operates Capybara Research and Capybara Research's website.1 Such service, once effectuated, will satisfy the Constitutional requirement of actual notice. It is further ORDERED that pursuant to Plaintiffs letter to the Court dated January 8, 2024, Plaintiffs request to serve Defendants Capybara Research and Igor Appelboom through the contact form on Capybara Research's website pursuant to Rule 4(t)(3) of the Federal Rules of Civil Procedure is DENIED as moot because on January 8, 2024, Capybara Research deleted the contact page on its website, thereby making service of process through the website's contact form impracticable. It is further ORDERED that Plaintiff is authorized to serve Defendants Capybara Research and Igor Appelboom through publication in the Wall Street Journal, the Brazilian newspaper Valor Economico and the Cayman Islands newspaper The Cayman Compass pursuant to Rule 4(t)(3) of the Federal Rules of Civil Procedure and New York's Civil Practice Laws and Rules 316 on the grounds that Plaintiff has shown it has reasonably calculated that the Defendants are likely to be aware of, and are likely to read these publications. Pursuant to CPLR 316(a), Plaintiff shall publish its summons with notice to the Defendants, a brief statement of the nature of the action and the relief sought. Pursuant to CPLR 316( c ), the first publication of Plaintiffs summons shall be published within thirty (30) days of the entry of this Order and must be published at least once in each of four ( 4) consecutive weeks. Plaintiff is directed to publish its summons and notice in the Wall Street Journal and The Cayman Compass as to Capybara Research and the Wall Street Journal and Valor Economico as to Appelboom. Service by publication shall be complete on the twenty-eighth (28th) day after the first day of publication. Service by publication, once complete, will satisfy the Constitutional requirement of actual notice. It is further ORDERED that Plaintiff is authorized to serve Defendants Capybara Research and Igor Appelboom by filing a Form 8-K public disclosure and press release on the United States Securities and Exchange Commission's Electronic Data Gathering, Analysis and Retrieval system pursuant to Rule 4(f)(3) of the Federal Rules of Civil Procedure on the grounds that Plaintiff has shown (i) it has reasonably calculated that Defendants have knowledge of the SEC's EDGAR database, (ii) Defendants are aware of, and actively monitor Plaintiffs public filings and press releases, (iii) Defendants would be aware of, and have notice of any public filing or press release Plaintiff publishes pursuant to this Order. Such service, once effectuated, will satisfy the Constitutional requirement of actual notice. (Signed by Judge Jed S. Rakoff on 1/10/2024) (rro)
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| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #23 Proposed Order was reviewed and approved as to form. (tp) |
| Filing 23 PROPOSED ORDER. Document filed by Safety Shot, Inc.. Related Document Number: [ECF 20]..(Benzenberg, Eric) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 22 MEMORANDUM OF LAW in Support re: #20 MOTION to Serve . . Document filed by Safety Shot, Inc...(Benzenberg, Eric) |
| Filing 21 DECLARATION of Eric J. Benzenberg in Support re: #20 MOTION to Serve .. Document filed by Safety Shot, Inc.. (Attachments: #1 Exhibit Order, #2 Exhibit Certificate of Non-Service, #3 Exhibit Capybara Twitter, #4 Exhibit Appelboom Account, #5 Exhibit Capybara Website, #6 Exhibit Wix Responses, #7 Exhibit Capybara Action Plaintiff PRs).(Benzenberg, Eric) |
| Filing 20 MOTION to Serve . Document filed by Safety Shot, Inc...(Benzenberg, Eric) |
| Filing 19 AFFIDAVIT OF SERVICE of Summons and Complaint,. Document filed by Safety Shot, Inc.. (Attachments: #1 Exhibit Ex. 1 (Cert. Non-Service)).(Amer, Waleed) |
| Filing 18 CERTIFICATE OF SERVICE. Accretive Capital LLC d/b/a Benzinga served on 12/29/2023, answer due 1/19/2024. Service was accepted by Chemere Brooks. Document filed by Safety Shot, Inc...(Amer, Waleed) |
| Filing 17 ELECTRONIC AMENDED SUMMONS ISSUED as to Accretive Capital LLC d/b/a Benzinga. (vf) |
| Filing 16 ELECTRONIC SUMMONS ISSUED as to Capybara Research..(pc) |
| Filing 15 ELECTRONIC SUMMONS ISSUED as to Igor Appelboom..(pc) |
| Filing 14 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Accretive Capital LLC d/b/a Benzinga, re: #1 Complaint,. Document filed by Safety Shot, Inc...(Amer, Waleed) |
| Filing 13 REQUEST FOR ISSUANCE OF SUMMONS as to Capybara Research, re: #1 Complaint,. Document filed by Safety Shot, Inc...(Amer, Waleed) |
| Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to Igor Appelboom, re: #1 Complaint,. Document filed by Safety Shot, Inc...(Amer, Waleed) |
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Filing 11
ORDER terminating #7 Motion to Serve. Upon the Memorandum of Law in Support of Ex Parte Motion for Alternative Service on Defendants Capybara Research and Igor Appelboom Via Electronic Mail as permitted by Fed. R. Civ. P. 4(f)(3) and the Declaration of Eric J. Benzenberg, Esq., executed on the 22nd day of December, 2023, it is hereby ORDERED that Plaintiff is authorized to serve Defendant Capybara Research its proposed summons and complaint via electronic mail at the email address capybararesearch@proton.me pursuant to Rule 4(f)(3) of the Federal Rules of Civil Procedure on the grounds that Plaintiff has shown that after a diligent search, Plaintiff is unable to verify a true address that will provide Defendant Capybara Research with reasonable notice of this action, service under the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters pursuant to Rules 4(f)(1) and 4(f)(2) of the Federal Rules of Civil Procedure would be impracticable, service by email is permitted under Hague Convention pursuant to Rule 4(f)(3) of the Federal Rules of Civil Procedure and service by email is reasonably calculated to provide Capybara Research with notice of this action. Such service, once effectuated, will satisfy the Constitutional requirement of actual notice. It is further ORDERED that Plaintiff is authorized to serve Defendant Igor Appelboom its proposed summons and complaint via electronic mail at the email address igorappelboom@gmail.com pursuant to Rule 4( f)(3) of the Federal Rules of Civil Procedure on the grounds that Plaintiff has demonstrated service via electronic mail upon a Brazilian individual would not violate the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters and that traditional methods of service would substantially delay the resolution of this matter. Such service, once effectuated, will satisfy the Constitutional requirement of actual notice. It is further ORDERED that the Clerk of this Court accept the forms of the Summons proposed by Plaintiff. (Signed by Judge Jed S. Rakoff on 12/26/2023) (ate)
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| Filing 10 PROPOSED ORDER. Document filed by Safety Shot, Inc.. Related Document Number: [ECF 7]..(Benzenberg, Eric) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 9 DECLARATION of Eric J. Benzenberg in Support re: #7 MOTION to Serve .. Document filed by Safety Shot, Inc.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11, #12 Exhibit Exhibit 12, #13 Exhibit Exhibit 13).(Benzenberg, Eric) |
| Filing 8 MEMORANDUM OF LAW in Support re: #7 MOTION to Serve . . Document filed by Safety Shot, Inc...(Benzenberg, Eric) |
| Filing 7 MOTION to Serve . Document filed by Safety Shot, Inc...(Benzenberg, Eric) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #10 Proposed Order was reviewed and approved as to form. (nd) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 12/21/2023, without transcription or recording on December 21, 2023. Counsel for plaintiff was present, as counsel for defendant has not yet appeared. Plaintiffs request to file a motion for service via electronic mail is granted.. (Kotowski, Linda) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Accretive Capital LLC d/b/a Benzinga..(jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Eric Benzenberg. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (jgo) |
| Magistrate Judge Katharine H. Parker is designated to handle matters that may be referred in this case. 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. (jgo) |
| 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..(jgo) |
| Case Designated ECF. (jgo) |
| Filing 5 NOTICE OF APPEARANCE by Waleed Amer on behalf of Safety Shot, Inc...(Amer, Waleed) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Accretive Capital LLC d/b/a Benzinga, re: #1 Complaint,. Document filed by Safety Shot, Inc...(Benzenberg, Eric) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Safety Shot, Inc...(Benzenberg, Eric) |
| Filing 2 CIVIL COVER SHEET filed..(Benzenberg, Eric) |
| Filing 1 COMPLAINT against Accretive Capital LLC d/b/a Benzinga, Igor Appelboom, Capybara Research. (Filing Fee $ 405.00, Receipt Number ANYSDC-28671112)Document filed by Safety Shot, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12).(Benzenberg, Eric) |
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