Blockquarry Corp v. Litchain Corp et al
| Blockquarry Corp and ISW Holdings, Inc |
| Litchain Corp |
| Gaffney Board of Public Works |
| 7:2023cv01427 |
| April 7, 2023 |
| US District Court for the District of South Carolina |
| Timothy M Cain |
| Real Property: Other |
| 28 U.S.C. § 2201 Declaratory Judgment |
| Both |
Docket Report
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| Filing 28 REPLY to Response to Motion re #7 MOTION for Preliminary Injunction. Response filed by Blockquarry Corp. (Speer, R) Modified on 6/1/2023: to edit text (motion relief still pending) (kmca). |
| Filing 27 STATUS REPORT verified status report on service of process on Defendant Litchain Corp by Blockquarry Corp. (Attachments: #1 Exhibit Affidavit of Non-Service, #2 Exhibit Proof of Mailing, #3 Exhibit Affidavit of Non-Service, #4 Exhibit Affidavit of Non-Service, #5 Exhibit Proof of Mailing, #6 Exhibit Litchain Corporate Filing)(Speer, R) Modified on 6/1/2023: to add text (kmca). |
| Filing 26 RESPONSE to Motion re #7 MOTION for Preliminary Injunction. Response filed by Gaffney Board of Public Works.Reply to Response to Motion due by 5/31/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit Affidavit of Donnie Hardin)(Flynn, Lawrence) Modified on 5/24/2023: to edit text (motion relief still pending) (kmca). |
| Filing 25 TEXT ORDER granting #24 Consent Motion for Extension of Time to File Response as to #7 MOTION for Preliminary Injunction. Response to Motion due by 5/25/2023. Entered at the direction of the Honorable Timothy M Cain on 5/24/23.(kmca) |
| Filing 24 MOTION for Extension of Time to File Response/Reply as to #7 MOTION for Preliminary Injunction by Gaffney Board of Public Works. Response to Motion due by 6/6/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Affidavit Virginia P. Bozeman, #2 Memo in Support of Motion to Alter Time, #3 Exhibit Ex. 1 to Mtn - Proposed Response to Motion for Preliminary Injunction, #4 Exhibit Hardin Affidavit with inventories - Ex. 1 to Proposed Response, #5 Exhibit Litchain Emails - Ex. 2 to Proposed Response, #6 Exhibit Utility Agreement - Ex. 3 to Proposed Response)Proposed order is being emailed to chambers with copy to opposing counsel.(Bozeman, Virginia) Modified on 5/24/2023: to edit text (motion relief still pending) (kmca). |
| Filing 23 Amended ANSWER to #1 Complaint, , Amended CROSSCLAIM against Litchain Corp, Amended COUNTERCLAIM against Blockquarry Corp by Gaffney Board of Public Works. (Attachments: #1 Exhibit NDA and Non-Circumvention Agreement, #2 Exhibit Ground Lease, #3 Exhibit Utility Agreement, #4 Exhibit Notice of Breach, #5 Exhibit Lease Termination, #6 Exhibit Deposit Schedule Payment Letter)(Bozeman, Virginia) |
| Filing 22 LETTER EXTENDING TIME TO ANSWER re #15 Counterclaim. Blockquarry Corp answer due 6/12/2023. (Speer, R) Modified on 5/22/2023: to add link ( #15 ) (kmca). |
| Filing 21 DELETION OF DOCKET ENTRY NUMBER #19 Certificate of Service. Reason: re-filed by attorney to correct pleading (signature). Corrected Filing Document Number #20 Certificate of Service. Re-filed same day as that of original filing: 5/10/23. (kmca) |
| Filing 20 CERTIFICATE OF SERVICE by Gaffney Board of Public Works re #18 Notice of Appearance (Flynn, Lawrence) |
| Filing 18 NOTICE of Appearance by Lawrence E Flynn, III on behalf of Gaffney Board of Public Works (Flynn, Lawrence) Modified on 5/12/2023: See #20 Certificate of Service (kmca). |
| Filing 17 CERTIFICATE OF SERVICE by Gaffney Board of Public Works re #16 Local Rule 26.01 Answers to Interrogatories, #15 Answer to Complaint,,, Crossclaim,,, Counterclaim,, on Crossclaim Defendant Litchain Corp. (Attachments: #1 Exhibit Service Letter)(Bozeman, Virginia) |
| Filing 16 Local Rule 26.01 Answers to Interrogatories by Gaffney Board of Public Works.(Bozeman, Virginia) Modified on 5/10/2023: See #17 certificate of service (kmca). |
| Filing 15 ANSWER to #1 Complaint, First CROSSCLAIM for Interpleader, Declaratory Judgment, and Breach of Contract against Litchain Corp, First COUNTERCLAIM for Interpleader and Declaratory Judgment against All Plaintiffs by Gaffney Board of Public Works. (Attachments: #1 Exhibit NDA and Non-Circumvention Agreement, #2 Exhibit Ground Lease, #3 Exhibit Rate Application and Utility Agreement, #4 Exhibit Notice of Breach Letter, #5 Exhibit Termination Letter, #6 Exhibit Deposit Payment Schedule Letter)(Bozeman, Virginia) (Attachment 2 replaced on 5/2/2023: to replace with corrected document (legible) as provided by filing user) (kmca). Modified on 5/10/2023: See #17 certificate of service (kmca). Modified on 5/23/2023: See #23 Amended Answer, Amended Crossclaim, Amended Counterclaim (kmca). |
| Filing 14 CERTIFICATE OF SERVICE by Blockquarry Corp re 9 Order on Motion for TRO, Order on Motion for Hearing, Order on Motion for Preliminary Injunction, on Defendant Gaffney Board of Public Works (Attachments: #1 Exhibit Emails with Counsel for Defendant Gaffney Board of Public Works)(Neinast, William) Modified on 5/1/2023: to edit text (remove commas) (kmca). |
| Filing 12 NOTICE of Request for Protection from Court Appearance by William Alexander Neinast for May 10, 2023 through June 26, 2023 (Neinast, William) |
| Filing 11 NOTICE of Request for Protection from Court Appearance by R Taylor Speer for June 16 through June 26, 2023 and July 10 through July 14, 2023 (Speer, R) |
| Filing 10 SUMMONS Returned Executed by Blockquarry Corp. Gaffney Board of Public Works served on 4/11/2023, answer due 5/2/2023. (Neinast, William) (Main Document 10 replaced on 4/20/2023: to replace with corrected document (signed, converted notice) as provided by filing user) (Additional attachment added on 4/20/2023: #1 Affidavit of Service) (kmca). |
| Filing 9 TEXT ORDER. On April 7, 2023, Plaintiff filed this action seeking declaratory and injunctive relief. (ECF No. #1 ). On April 10, 2023, Plaintiff filed an ex parte Emergency Motion for Temporary Restraining Order and Preliminary Injunction and requested, if necessary, an expedited hearing on same. (ECF No. #7 ). Specifically, Plaintiff seeks the immediate return of a deposit Plaintiff paid the Defendant Gaffney Board of Public Works ("GBPW") on the utility bill for Plaintiff's bitcoin mining operation; the immediate return of Plaintiff's personal property remaining on the premises owned and/or controlled by Defendants, including bitcoin mining pods, distribution transformers and servers; an order enjoining GBPW from giving the deposit or Plaintiff's personal property to Defendant Litchain Corp. ("Litchain"). (ECF No. #7 -1 at 14).Rule 65(b)(1) of the Federal Rules of Civil Procedure provides that the court may issue a TRO without notice to the adverse party or its attorney, if: (A) specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition; and (B) the movant's attorney certifies in writing any efforts made to give notice and the reasons why it should not be required. Fed. R. Civ. P. 65(b)(1)(A)-(B). Therefore, a TRO cannot be issued ex parte absent a clear showing that immediate and irreparable injury will result before the adverse party can be heard. The purpose of a temporary restraining order is to preserve the status quo and prevent irreparable harm just so long as is necessary to hold a hearing, and no longer. Granny Goose Foods, Inc. v. Bhd. of Teamsters & Auto Truck Drivers, 415 U.S. 423, 439 (1974). To obtain a TRO, a plaintiff must establish that: 1) it is likely to succeed on the merits; 2) it is likely to suffer irreparable harm in the absence of a TRO; 3) the balance of equities favors the entrance of a TRO; and 4) the requested TRO is in the public interest. Winter v. NRDC, Inc., 555 U.S. 7, 20 (2008)).Upon review of the information filed by the Plaintiff, the court finds that the Plaintiff has failed to meet the requisite showing that immediate and irreparable harm will result absent a temporary restraining order being issued without notice to the Defendants, pending a hearing on the motion for preliminary injunction. According to the complaint, between December 21, 2022 and January 9, 2023, Plaintiff received notice from Litchain that it had revoked the sublease agreement with Plaintiff and that eviction of Plaintiff would be pursued. (ECF No. #1 at 910). On January 9, 2023, GBPW stopped electrical power service to the premises and, on February 16 or thereabouts, padlocked and denied Plaintiff entry to the premises. However, Plaintiff did not seek emergency relief until April 10, 2023. (ECF No. #7 ). Moreover, Plaintiff seeks in part merely the return of the monetary sum it paid as a deposit - clearly, Plaintiff, if successful in this litigation, would have an adequate remedy as to the deposit in the form of money damages. Based on the delay between Plaintiff's notice of the facts that underly Plaintiff's claims and the filing of this motion for a TRO, the court finds that Plaintiff has not demonstrated how it will suffer immediate and irreparable harm such that emergency relief is required if notice is given the Defendants prior to issuance of any order.Therefore, the court DENIES IN PART without prejudice Plaintiff's ex parte Emergency Motion for Temporary Restraining Order and Preliminary Injunction. (ECF No. #7 ). That is, the court DENIES Plaintiff's request for a TRO and Expedited Hearing. The court will address Plaintiff's request for a Preliminary Injunction once Defendants have received notice and filed a response to the motion. The court admonishes all litigants that any party that engages in spoliation of evidence or waste of the personal property at issue in this action, or otherwise dissipates such personal property, tangible or intangible, pending an order of this court does so at its own peril and the court reserves the right to sanction any such conduct. The court DIRECTS Plaintiff to file proof of service of this order and its motion, after which the court will determine how to address the request for a preliminary injunction. IT IS SO ORDERED. Entered at the direction of the Honorable Timothy M Cain on 4/12/23.(kmca) |
| Filing 7 Emergency MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction, MOTION for Expedited Hearing, by Blockquarry Corp. Response to Motion due by 4/24/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support Plaintiff Blockquarry's Memorandum in Support of Emergency Motion for Temporary Restraining Order and Preliminary Injunction, #2 Affidavit Declaration of Alonzo Pierce, #3 Exhibit E Payment Records, #4 Exhibit F First Default Letter, #5 Exhibit G Second Default Letter, #6 Exhibit H Email Correspondence from Defendant Litchain, #7 Exhibit I Email Correspondence from Defendant Litchain, #8 Exhibit J Email Correspondence from Defendants)No proposed order.(Neinast, William). Added MOTION for Hearing on 4/11/2023: to add additional relief listed. Modified on 4/11/2023: to remove duplicate text (exhibit exhibit) (kmca). Added MOTION for Preliminary Injunction on 4/12/2023 per chambers (kmca). |
| Filing 5 Summons Issued as to Gaffney Board of Public Works, Litchain Corp. (Attachments: #1 Summons Gaffney Board of Public Works)(kmca) |
| Filing 4 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by Blockquarry Corp.(kmca) |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by Blockquarry Corp.(kmca) |
| Filing 1 COMPLAINT against Gaffney Board of Public Works, Litchain Corp (Filing fee $402 receipt number ASCDC-11038199), filed by Blockquarry Corp. Service due by 7/6/2023. (Attachments: #1 Exhibit A Rule to Vacate, #2 Exhibit B Purported Sublease, #3 Exhibit C Purported License Agreement, #4 Exhibit D Electric Service Agreement)(kmca) Modified on 4/10/2023: to add descriptions to exhibits as provided by filing user (kmca). |
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