Mullen Automotive, Inc. et al v. GEM Global Yield LLC SCS et al
| Mullen Automotive, Inc. and Mullen Technologies, Inc. |
| GEM Global Yield LLC SCS, GEM Yield Bahamas Limited and Christopher F Brown |
| 1:2023cv11268 |
| December 28, 2023 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Securities/Commodities |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 8, 2024. A more recent docket listing may be available from PACER.
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| Filing 37 LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine Polk Failla from Waleed Amer dated February 16, 2024 re: #27 LETTER MOTION to Stay addressed to Judge Katherine Polk Failla from Alexander L. Cheney dated February 13, 2024. . Document filed by Mullen Automotive, Inc., Mullen Technologies, Inc...(Amer, Waleed) |
Filing 36
ORDER granting #34 Letter Motion to Seal; granting #25 Letter Motion to Seal; granting #26 Letter Motion to Stay re: #34 LETTER MOTION to Seal Opposition to Motion to Stay addressed to Judge Katherine Polk Failla from Waleed Amer dated February 16, 2024., #25 LETTER MOTION to Seal Request for Stay addressed to Judge Katherine Polk Failla from Alexander L. Cheney dated February 13, 2024., #26 LETTER MOTION to Stay addressed to Judge Katherine Polk Failla from Alexander L. Cheney dated February 13, 2024., #27 LETTER MOTION to Stay addressed to Judge Katherine Polk Failla from Alexander L. Cheney dated February 13, 2024. ; granting #27 Letter Motion to Stay re: #34 LETTER MOTION to Seal Opposition to Motion to Stay addressed to Judge Katherine Polk Failla from Waleed Amer dated February 16, 2024., #25 LETTER MOTION to Seal Request for Stay addressed to Judge Katherine Polk Failla from Alexander L. Cheney dated February 13, 2024., #26 LETTER MOTION to Stay addressed to Judge Katherine Polk Failla from Alexander L. Cheney dated February 13, 2024., #27 LETTER MOTION to Stay addressed to Judge Katherine Polk Failla from Alexander L. Cheney dated February 13, 2024. The Court is in receipt of the parties' letters regarding Defendants' request for a stay in this case. (Dkt. #26, 27, 35). The Court is also in receipt of the parties' letter motions to partially seal their letter submissions. (Dkt. #25, 34). The parties shall be prepared to discuss their positions regarding Defendants' request to stay at the upcoming conference scheduled in this matter on March 21, 2024. Pursuant to the confidentiality provisions of a pending arbitration between the parties, the Court hereby GRANTS the parties' applications to partially seal their submissions. Accordingly, the Clerk of Court is directed to maintain docket number 26 and 35 under seal, viewable only to the parties and the Court. Plaintiffs are hereby ordered to file a redacted version of their response letter. (See Dkt. #35). The Clerk of Court is directed to terminate the pending motions at docket number 25, 26, 27, and 34. SO ORDERED.. (Signed by Judge Katherine Polk Failla on 2/22/2024) (ks)
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| Filing 35 ***SELECTED PARTIES***LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine Polk Failla from Waleed Amer dated February 16, 2024 re: #26 LETTER MOTION to Stay addressed to Judge Katherine Polk Failla from Alexander L. Cheney dated February 13, 2024. . Document filed by Mullen Automotive, Inc., Mullen Technologies, Inc., Christopher F Brown, GEM Global Yield LLC SCS, GEM Yield Bahamas Limited. Motion or Order to File Under Seal: #34 .(Amer, Waleed) |
| Filing 34 LETTER MOTION to Seal Opposition to Motion to Stay addressed to Judge Katherine Polk Failla from Waleed Amer dated February 16, 2024. Document filed by Mullen Automotive, Inc., Mullen Technologies, Inc...(Amer, Waleed) |
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Filing 33
ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE granting #30 Motion for Jonathan. A. Patchen to Appear Pro Hac Vice. The Clerk of Court is directed to terminate the pending motion atdocket number 30.. (Signed by Judge Katherine Polk Failla on 2/16/2024) (rro)
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Filing 32
ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE granting #31 Motion for Jennifer S. Maybee to Appear Pro Hac Vice. The Clerk of Court is directed to terminate the pending motion at docket number 31. (Signed by Judge Katherine Polk Failla on 2/16/2024) (rro)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #30 MOTION for Jonathan A. Patchen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28954832. 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. #31 MOTION for Jennifer S. Maybee to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28954878. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
| Filing 31 MOTION for Jennifer S. Maybee to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28954878. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Christopher F Brown, GEM Global Yield LLC SCS, GEM Yield Bahamas Limited. (Attachments: #1 Affidavit of Jennifer S. Maybee in Support of Motion for Admission Pro Hac Vice, #2 Exhibit A - Certificate of Good Standing, #3 Proposed Order Granting Motion for Admission Pro Hac Vice).(Maybee, Jennifer) |
| Filing 30 MOTION for Jonathan A. Patchen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28954832. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Christopher F Brown, GEM Global Yield LLC SCS, GEM Yield Bahamas Limited. (Attachments: #1 Affidavit Affidavit of Jonathan A. Patchen in Support of Motion for Admission Pro Hac Vice, #2 Exhibit A - Certificate of Good Standing, #3 Exhibit B - Certificate of Good Standing, #4 Proposed Order Granting Motion for Admission Pro Hac Vice).(Patchen, Jonathan) |
| Filing 29 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent GEM Global LTD, Corporate Parent GEM Global Yield Fund LLC for GEM Global Yield LLC SCS. Document filed by GEM Global Yield LLC SCS..(Cheney, Alexander) |
| Filing 28 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by GEM Yield Bahamas Limited..(Cheney, Alexander) |
| Filing 27 LETTER MOTION to Stay addressed to Judge Katherine Polk Failla from Alexander L. Cheney dated February 13, 2024. Document filed by Christopher F Brown, GEM Global Yield LLC SCS, GEM Yield Bahamas Limited. (Attachments: #1 Exhibit Jan. 7, 2022 Arbitration Amended Statement of Claim, #2 Exhibit Feb. 1, 2022 Arbitration Answer to Amended Statement of Claim, #3 Exhibit Nov. 17, 2023 Arbitration Partial Final Award on Liability, #4 Exhibit Oct. 13, 2022 Arbitration Procedural Order No. 8, #5 Exhibit Sept. 27, 2022 Arbitration Letter B).(Cheney, Alexander) |
| Filing 26 ***SELECTED PARTIES*** LETTER MOTION to Stay addressed to Judge Katherine Polk Failla from Alexander L. Cheney dated February 13, 2024. Document filed by GEM Yield Bahamas Limited, GEM Global Yield LLC SCS, Christopher F Brown. (Attachments: #1 Exhibit Jan. 7, 2022 Arbitration Amended Statement of Claim (Part 1 of 2), #2 Exhibit Jan. 7, 2022 Arbitration Amended Statement of Claim (Part 2 of 2), #3 Exhibit Feb. 1, 2022 Arbitration Answer to Amended Statement of Claim, #4 Exhibit Nov. 17, 2023 Arbitration Partial Final Award on Liability, #5 Exhibit Oct. 13, 2022 Arbitration Procedural Order No. 8, #6 Exhibit Sept. 27, 2022 Arbitration Letter Brief)Motion or Order to File Under Seal: #25 .(Cheney, Alexander) |
| Filing 25 LETTER MOTION to Seal Request for Stay addressed to Judge Katherine Polk Failla from Alexander L. Cheney dated February 13, 2024. Document filed by Christopher F Brown, GEM Global Yield LLC SCS, GEM Yield Bahamas Limited..(Cheney, Alexander) |
| Filing 24 NOTICE OF APPEARANCE by Madeleine Laurel Tayer on behalf of Christopher F Brown, GEM Global Yield LLC SCS, GEM Yield Bahamas Limited..(Tayer, Madeleine) |
| Filing 23 NOTICE OF APPEARANCE by Justin Garbacz on behalf of Christopher F Brown, GEM Global Yield LLC SCS, GEM Yield Bahamas Limited..(Garbacz, Justin) |
| Filing 22 NOTICE OF APPEARANCE by Alexander L. Cheney on behalf of Christopher F Brown, GEM Global Yield LLC SCS, GEM Yield Bahamas Limited..(Cheney, Alexander) |
| Filing 21 CERTIFICATE OF SERVICE. GEM Global Yield LLC SCS served on 1/23/2024, answer due 2/13/2024. Document filed by Mullen Automotive, Inc.; Mullen Technologies, Inc...(Amer, Waleed) |
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Filing 20
NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on March 21, 2024, at 10:00 a.m. The conference will be held telephonically. At the scheduled date and time, the parties are to call (888) 363-4749 and enter access code 5123533. Initial Conference set for 3/21/2024 at 10:00 AM before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 1/12/2024) (rro)
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| Filing 19 ELECTRONIC AMENDED SUMMONS ISSUED as to GEM Yield Bahamas Limited. (vf) |
| Filing 18 ELECTRONIC AMENDED SUMMONS ISSUED as to GEM Global Yield LLC SCS. (vf) |
| Filing 17 ELECTRONIC AMENDED SUMMONS ISSUED as to GEM Global Yield LLC SCS. (vf) |
| Filing 16 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to GEM YIELD BAHAMAS LIMITED, re: #1 Complaint,. Document filed by Mullen Automotive, Inc., Mullen Technologies, Inc...(Amer, Waleed) |
| Filing 15 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to GEM GLOBAL YIELD LLC SCS, re: #1 Complaint,. Document filed by Mullen Automotive, Inc., Mullen Technologies, Inc...(Amer, Waleed) |
| Filing 14 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to GEM GLOBAL YIELD LLC SCS, re: #1 Complaint,. Document filed by Mullen Automotive, Inc., Mullen Technologies, Inc...(Amer, Waleed) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Waleed Amer to RE-FILE Document No. #11 Request for Issuance of Amended Summons, #12 Request for Issuance of Amended Summons, #13 Request for Issuance of Amended Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; plaintiff or plaintiffs attorney information section of form not provided. Re-file the document using the event type Request for Issuance of Amended Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf) |
| Filing 13 FILING ERROR - DEFICIENT- SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to GEM YIELD BAHAMAS LIMITED, re: #1 Complaint,. Document filed by Mullen Automotive, Inc., Mullen Technologies, Inc...(Amer, Waleed) Modified on 1/4/2024 (vf). |
| Filing 12 FILING ERROR - DEFICIENT- SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to GEM GLOBAL YIELD LLC SCS, re: #1 Complaint,. Document filed by Mullen Automotive, Inc., Mullen Technologies, Inc...(Amer, Waleed) Modified on 1/4/2024 (vf). |
| Filing 11 FILING ERROR - DEFICIENT- SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to GEM GLOBAL YIELD LLC SCS, re: #1 Complaint,. Document filed by Mullen Automotive, Inc., Mullen Technologies, Inc...(Amer, Waleed) Modified on 1/4/2024 (vf). |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to GEM Global Yield LLC SCS..(pc) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Christopher F Brown..(pc) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to GEM Yield Bahamas Limited..(pc) |
| Magistrate Judge Robyn F. Tarnofsky 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. (pc) |
| Case Designated ECF. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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) |
| Filing 7 NOTICE OF APPEARANCE by Waleed Amer on behalf of Mullen Automotive, Inc., Mullen Technologies, Inc...(Amer, Waleed) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Christopher F. Brown, re: #1 Complaint,. Document filed by Mullen Automotive, Inc., Mullen Technologies, Inc...(Basile, Mark) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to GEM Yield Bahamas Limited, re: #1 Complaint,. Document filed by Mullen Automotive, Inc., Mullen Technologies, Inc...(Basile, Mark) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to GEM Global Yield LLC SCS, re: #1 Complaint,. Document filed by Mullen Automotive, Inc., Mullen Technologies, Inc...(Basile, Mark) |
| Filing 3 CIVIL COVER SHEET filed..(Basile, Mark) |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Mullen Automotive, Inc., Mullen Technologies, Inc...(Basile, Mark) |
| Filing 1 COMPLAINT against Christopher F Brown, GEM Global Yield LLC SCS, GEM Yield Bahamas Limited. (Filing Fee $ 405.00, Receipt Number ANYSDC-28748602)Document filed by Mullen Automotive, Inc., Mullen Technologies, Inc.. (Attachments: #1 Exhibit Securities Purchase Agreement, #2 Exhibit Warrant, #3 Exhibit Registration Rights Agreement).(Basile, Mark) |
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