Moeller-Bertram v. Gemini Trust Company, LLC et al
| Tobias Moeller-Bertram |
| Gemini Trust Company, LLC and Digital Currency Group, Inc. |
| 3:2024cv00786 |
| April 30, 2024 |
| US District Court for the District of Connecticut |
| New Haven Office |
| Maria E Garcia |
| Stefan R Underhill |
| Securities/Commodities |
| 15 U.S.C. § 77 Securities Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 30, 2024. A more recent docket listing may be available from PACER.
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Filing 56
ORDER OF TRANSFER. Case reassigned to District Judge Stefan R. Underhill for all further proceedings. Signed by Judge Robert N. Chatigny on 4-30-2024. (Shafer, J.)
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Filing 55
NOTICE TO COUNSEL NOT ADMITTED TO THE BAR OF THE US DISTRICT COURT OF CONNECTICUT Re: Local Rule 83.1 Admission of Attorneys. The above captioned case has been received and filed in our court. Please see our Local Rule 83.1 regarding Admission of Attorneys that is available on our website at www.ctd.uscourts.gov. You will not be added to the case, nor will we accept further filings until you have complied with Local Rule 83.1. If you have any questions about this procedure, please contact the Clerk's Office. Signed by Clerk on 4-30-2024. (Shafer, J.)
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Filing 54
NOTICE: ANY MOTIONS PENDING AT THE TIME OF TRANSFER MUST BE REFILED IN OUR DISTRICT. Signed by Clerk on 4-30-2024. (Shafer, J.)
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Filing 53
Notice of Option to Consent to Magistrate Judge Jurisdiction. (Shafer, J.)
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Filing 52
Standing Protective Order. Signed by Judge Robert N. Chatigny on 4-30-2024. (Shafer, J.)
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Filing 51
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Robert N. Chatigny on 4-30-2024. (Shafer, J.)
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Filing 50
Order on Pretrial Deadlines: amended pleadings due by 6-29-2024, discovery due by 10-30-2024, and dispositive motions due by 12-4-2024. Signed by Clerk on 4-30-2024. (Shafer, J.)
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Filing 49
Notice: Pursuant to Federal Rule of Civil Procedure 7.1, a disclosure statement must be filed with a party's first appearance, pleading, petition, motion, response, or other request addressed to the Court and must be supplemented if any required information changes during the case. Signed by Clerk on 4/30/2024.(Freberg, B)
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Filing 48
Case electronically transferred in from the Southern District of New York; Case Number 1:23-cv-02027. Electronic file certified copy of transfer order and docket sheet received.
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Judge Robert N. Chatigny and Judge Maria E. Garcia added. (Freberg, B)
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Filing 47
MEMORANDUM AND ORDER granting #32 Motion to Transfer Case. For the foregoing reasons, DCG's motion to transfer is GRANTED. The Clerk of Court is respectfully directed to close Dkt. No. 32, and transfer this case to the United States District Court for the District of Connecticut without delay. SO ORDERED.. (Signed by Judge Lewis J. Liman on 4/29/2024) (jca)
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Filing 46
MEMO ENDORSEMENT on re: #44 JOINT LETTER MOTION to Stay addressed to Judge Lewis J. Liman from John F. Baughman (on behalf of all parties) dated April 24, 2024. filed by Gemini Trust Company, LLC. ENDORSEMENT: The parties shall file a letter informing the Court of the status of the arbitration on August 30, 2024 and every 90 days thereafter and within two weeks of the issuance of an arbitral award or the conclusion of the arbitral proceedings. The Clerk of Court is respectfully directed to close Dkt. No. 44. SO ORDERED. (Signed by Judge Lewis J. Liman on 4/24/2024) (vfr)
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Filing 45
STIPULATION AND ORDER GRANTING GEMINI'S MOTION TO COMPEL ARBITRATION AND STAYING CLAIMS AGAINST GEMINI PENDING ARBITRATION: The undersigned counsel, on behalf of their respective clients, hereby stipulate and agree as follows, subject to the Court's approval: 1. On March 16, 2023, Defendant Gemini Trust Company, LLC ("Gemini") filed a motion to compel arbitration (the "Motion to Compel Arbitration") in this action. 2. Gemini's Motion to Compel Arbitration and stay this case pending the outcome of the arbitration is GRANTED. 3. Plaintiff's claims against Gemini are STAYED pending the outcome of arbitration. 4. The Clerk of Court is directed to terminate Gemini's Motion to Compel Arbitration [ECF Nos. 14-15] and STAY the action against Gemini. 5. Nothing in this Order shall affect or stay Plaintiff's outstanding claims against Defendant Digital Currency Group, Inc. SO ORDERED. Motions terminated: #44 JOINT LETTER MOTION to Stay addressed to Judge Lewis J. Liman from John F. Baughman (on behalf of all parties) dated April 24, 2024. filed by Gemini Trust Company, LLC, #14 MOTION to Compel Arbitration filed by Gemini Trust Company, LLC; #14 MOTION to Compel Arbitration filed by Gemini Trust Company, LLC. (Signed by Judge Lewis J. Liman on 4/24/2024) (vfr)
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Filing 44
JOINT LETTER MOTION to Stay addressed to Judge Lewis J. Liman from John F. Baughman (on behalf of all parties) dated April 24, 2024. Document filed by Gemini Trust Company, LLC. (Attachments: #1 Proposed Order (Stipulation and Proposed Order)).(Baughman, John)
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Filing 43
ORDER: The parties are hereby directed to file a letter by April 24, 2024, indicating whether the stay in this case, Dkt. No. 36, should be lifted and how the parties propose proceeding in light of Judge Buchwald's memorandum and order in Picha, et al. v. Gemini Trust Company, LLC, et al., 22-cv-10922. SO ORDERED. (Signed by Judge Lewis J. Liman on 4/16/2024) (va)
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Filing 42
MEMO ENDORSEMENT on re: #41 Proposed Order for Withdrawal of Attorney filed by Digital Currency Group, Inc. ENDORSEMENT: SO ORDERED. Attorney Dylan Lorenzo Ruffi terminated. (Signed by Judge Lewis J. Liman on 3/7/2024) (va)
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Filing 41
PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Digital Currency Group, Inc...(Zalka, Caroline)
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Filing 40
NOTICE OF CHANGE OF ADDRESS by John Frederick Baughman on behalf of Gemini Trust Company, LLC. New Address: Baughman Kroup Bosse PLLC, One Liberty Plaza, 46th FL, New York, NY, United States 10006, (212) 548-3212..(Baughman, John)
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Filing 39
DECLARATION of Caroline Hickey Zalka in Support re: #32 MOTION to Transfer Case to District of Connecticut.. Document filed by Digital Currency Group, Inc.. (Attachments: #1 Exhibit A - Picha Action Amended Complaint, #2 Exhibit B - Master Digital Asset Loan Agreement).(Zalka, Caroline)
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Filing 38
REPLY MEMORANDUM OF LAW in Support re: #32 MOTION to Transfer Case to District of Connecticut. . Document filed by Digital Currency Group, Inc...(Polkes, Jonathan)
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Filing 37
MEMORANDUM OF LAW in Opposition re: #32 MOTION to Transfer Case to District of Connecticut. . Document filed by Tobias Moeller-Bertram..(Kim, JooYun)
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Filing 36
STIPULATION & ORDER TO STAY PROCEEDINGS: The undersigned counsel, on behalf of their respective clients, hereby stipulate as follows: 1. On March 16, 2023, Defendant Gemini Trust Company, LLC ("Gemini") filed a motion to compel arbitration (the "Motion to Compel") in this action. Plaintiff Tobias Moeller-Bertram ("Plaintiff") has yet to file his opposition to the Motion to Compel. 2. In a similar action Picha, et al., v. Gemini Trust Company, LLC, et al., 1:22-cv-10922 (Buchwald, J.) (the "Picha Action"), Defendants Gemini, Tyler Winklevoss, and Cameron Winklevoss moved to compel arbitration on April 7, 2023 (the "Picha Motion"). The Picha Motion is fully briefed. 3. Counsel for Gemini and Plaintiff agree that the efficient administration of these actions would be enhanced by staying this action until the Picha Motion is ruled upon by the Court. 4. Gemini and Plaintiff therefore stipulate, subject to the Court's approval, that Gemini's Motion to Compel in this action shall be stayed until the Court rules on the Picha Motion, at which time counsel will meet and confer with the goal of stipulating to the appropriate next events in this action. SO ORDERED. (Signed by Judge Lewis J. Liman on 5/23/2023) Case stayed. (ks)
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Filing 35
ORDER granting #31 Letter Motion to Stay re: #31 JOINT LETTER MOTION to Stay DCG's Time to Answer, Move, or Otherwise Respond to the Complaint addressed to Judge Lewis J. Liman from Caroline H. Zalka dated May 23, 2023. (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (Liman, Lewis)
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Filing 34
DECLARATION of Caroline Hickey Zalka in Support re: #32 MOTION to Transfer Case to District of Connecticut.. Document filed by Digital Currency Group, Inc.. (Attachments: #1 Exhibit A - Securities Class Action Complaint).(Zalka, Caroline)
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Filing 33
MEMORANDUM OF LAW in Support re: #32 MOTION to Transfer Case to District of Connecticut. . Document filed by Digital Currency Group, Inc...(Polkes, Jonathan)
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Filing 32
MOTION to Transfer Case to District of Connecticut. Document filed by Digital Currency Group, Inc...(Polkes, Jonathan)
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Filing 31
JOINT LETTER MOTION to Stay DCG's Time to Answer, Move, or Otherwise Respond to the Complaint addressed to Judge Lewis J. Liman from Caroline H. Zalka dated May 23, 2023. Document filed by Digital Currency Group, Inc.. (Attachments: #1 Exhibit A - Stipulation and Proposed Order on Joint Letter Motion for Extension of Time).(Zalka, Caroline)
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Filing 30
PROPOSED STIPULATION AND ORDER. Document filed by Gemini Trust Company, LLC..(Baughman, John)
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Filing 29
OPINION AND ORDER re: #23 MOTION to Remand to State Court . filed by Tobias Moeller-Bertram. The motion to remand is DENIED. The Clerk of Court is respectfully directed to close Dkt. No. 23. SO ORDERED. (Signed by Judge Lewis J. Liman on 5/15/23) (yv)
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Filing 28
REPLY MEMORANDUM OF LAW in Support re: #23 MOTION to Remand to State Court . . Document filed by Tobias Moeller-Bertram..(Kim, JooYun)
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Filing 27
NOTICE of Adoption of DCG's Arguments re: #26 Memorandum of Law in Opposition to Motion. Document filed by Gemini Trust Company, LLC..(Baughman, John)
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Filing 26
MEMORANDUM OF LAW in Opposition re: #23 MOTION to Remand to State Court . . Document filed by Digital Currency Group, Inc...(Polkes, Jonathan)
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Filing 25
DECLARATION of JooYun Kim in Support re: #23 MOTION to Remand to State Court .. Document filed by Tobias Moeller-Bertram. (Attachments: #1 Exhibit Complaint filed in New York State Supreme Court).(Kim, JooYun)
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Filing 24
MEMORANDUM OF LAW in Support re: #23 MOTION to Remand to State Court . . Document filed by Tobias Moeller-Bertram..(Kim, JooYun)
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Filing 23
MOTION to Remand to State Court . Document filed by Tobias Moeller-Bertram..(Kim, JooYun)
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Filing 22
MEMO ENDORSEMENT on re: #20 Letter filed by Digital Currency Group, Inc. ENDORSEMENT: SO ORDERED: The request is GRANTED. The deadline for filing the case management plan and the initial pretrial conference currently scheduled for April 7, 2023 are ADJOURNED sine die. (Signed by Judge Lewis J. Liman on 3/28/2023) (tg)
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Filing 21
STIPULATION AND ORDER, IT IS HEREBY STIPULATED AND AGREED, between Plaintiff and Defendant Gemini, subject to the Court's approval, as follows: Plaintiff's time to oppose or otherwise respond to Gemini's Motion to Compel Arbitration is stayed until after the Court resolves Plaintiff's motion to remand the Action to the Supreme Court of the State of New York, New York County. Defendant Gemini's time to answer, move, or otherwise respond to the Complaint is stayed until after the Court resolves Gemini's Motion to Compel Arbitration. All discovery as between Gemini and Plaintiff is stayed until after the Court resolves Gemini's Motion to Compel Arbitration. Gemini reserves all rights, including with respect to the provisions of the Private Securities Litigation Reform Act of 1995 ("PSLRA"), 15 U.S.C. 77z-1, et seq., applicable to this putative securities class action. Plaintiff reserves all rights, including the right to object to this Court's jurisdiction and application of the PSLRA, and by entering into this stipulation, Plaintiff does not expressly or impliedly concede that this Court has jurisdiction over the Action or that the PSLRA applies. SO ORDERED. Motions terminated: #19 JOINT LETTER MOTION for Extension of Time to Respond to Complaint and Respond to Motion to Compel Arbitration addressed to Judge Lewis J. Liman from Hung G. Ta dated 3/28/2023. filed by Tobias Moeller-Bertram. (Signed by Judge Lewis J. Liman on 3/28/23) (yv)
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Filing 20
JOINT LETTER addressed to Judge Lewis J. Liman from Jonathan D. Polkes dated March 28, 2023 re: Clarification of Deadlines. Document filed by Digital Currency Group, Inc...(Polkes, Jonathan)
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Filing 19
JOINT LETTER MOTION for Extension of Time to Respond to Complaint and Respond to Motion to Compel Arbitration addressed to Judge Lewis J. Liman from Hung G. Ta dated 3/28/2023. Document filed by Tobias Moeller-Bertram. (Attachments: #1 Exhibit Stipulation and Proposed Order on Joint Letter Motion for Extension of Time).(Ta, Hung)
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Filing 18
NOTICE OF APPEARANCE by JooYun Kim on behalf of Tobias Moeller-Bertram..(Kim, JooYun)
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Filing 17
NOTICE OF APPEARANCE by Hung G. Ta on behalf of Tobias Moeller-Bertram..(Ta, Hung)
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Filing 16
DECLARATION of Travis Freeman in Support re: #14 MOTION to Compel Arbitration .. Document filed by Gemini Trust Company, LLC. (Attachments: #1 Exhibit 1 (Registration Webpage), #2 Exhibit 2 (Amended User Agreement), #3 Exhibit 3 (Dec. 15, 2022 Email from Gemini to Users), #4 Exhibit 4 (Webpage Screenshot)).(Baughman, John)
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Filing 15
MEMORANDUM OF LAW in Support re: #14 MOTION to Compel Arbitration . . Document filed by Gemini Trust Company, LLC. (Attachments: #1 Exhibit A (Order in Griffin v. Gemini Trust Co., LLC et al.), #2 Exhibit B (Decision and Order in Ciceron v. Gemini Trust Co., LLC et al.)).(Baughman, John)
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Filing 14
MOTION to Compel Arbitration . Document filed by Gemini Trust Company, LLC..(Baughman, John)
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Filing 13
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent WINKLEVOSS CAPITAL FUND, LLC, Corporate Parent Gemini Space Station, LLC, Corporate Parent Gemini Spaceship, LLC for Gemini Trust Company, LLC. Document filed by Gemini Trust Company, LLC..(Baughman, John)
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Filing 12
NOTICE OF APPEARANCE by Maryia Yrjeuna Jones on behalf of Gemini Trust Company, LLC..(Jones, Maryia)
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Filing 11
NOTICE OF APPEARANCE by John Frederick Baughman on behalf of Gemini Trust Company, LLC..(Baughman, John)
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Filing 10
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, subject to the Court's approval, as follows: 1. Defendant DCG's time to answer, move, or otherwise respond to the Moeller-Bertram Complaint is stayed until after the Court resolves Plaintiff's motion to remand the Action to Supreme Court of the State of New York, New York County. 2. If the Court denies Plaintiff's motion to remand this Action, counsel for the Parties shall within five (5) business days of the Court's order confer regarding a proposed schedule for DCG's time to answer or otherwise respond to the Complaint. 3. Within five (5) business days thereafter, the parties shall jointly submit their proposed schedule to the Court for approval, or, if the parties are unable to reach agreement, then the parties shall each submit separate proposed schedules to the Court for approval. Motions terminated: #9 JOINT LETTER MOTION for Extension of Time to File Answer , Move, or Otherwise Respond to the Complaint addressed to Judge Lewis J. Liman from Jonathan D. Polkes dated March 14, 2023, filed by Digital Currency Group, Inc. (Signed by Judge Lewis J. Liman on 3/15/2023) (va)
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Filing 9
JOINT LETTER MOTION for Extension of Time to File Answer , Move, or Otherwise Respond to the Complaint addressed to Judge Lewis J. Liman from Jonathan D. Polkes dated March 14, 2023. Document filed by Digital Currency Group, Inc.. (Attachments: #1 Exhibit A - Stipulation and Proposed Order on Unopposed Joint Letter Motion for Extension of Time).(Polkes, Jonathan)
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Filing 8
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 4/7/2023 at 12:00 PM before Judge Lewis J. Liman. Parties are directed to dial into the Court's teleconference number at 888-251-2909, Access Code 2123101, and follow the necessary prompts. IT IS FURTHER ORDERED that, by one week prior to conference, the parties jointly submit to the Court a proposed Case Management Plan and Scheduling Order, as further set forth herein. The time period for any Defendant intending to move to dismiss pursuant to Federal Rule of Civil Procedure Rule 12 will be extended until further order of the Court upon the filing of a simple letter with the Court within the time permitted under Federal Rule of Civil Procedure 12(a) and prior to the time the above-mentioned submission is made. Such letter should simply indicate in one sentence the Defendants intent to make a motion to dismiss. Counsel for Defendants is ordered to notify all counsel of this Notice. SO ORDERED. (Signed by Judge Lewis J. Liman on 3/14/2023) (vfr)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis J. Liman. 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)
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Magistrate Judge Gabriel W. Gorenstein 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. (jgo)
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Case Designated ECF. (jgo)
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***DELETED DOCUMENT. Deleted document number #8 DUPLICATE ORIGINAL AMENDED STANDING ORDER REFERRING CASE to Bankruptcy Court. As per attorney, this case should not be transferred to USBC-SDNY. The document was incorrectly filed in this case. (gp)
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Filing 7
NOTICE OF APPEARANCE by Dylan Lorenzo Ruffi on behalf of Digital Currency Group, Inc...(Ruffi, Dylan)
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Filing 6
NOTICE OF APPEARANCE by Nicole Elizabeth Prunetti on behalf of Digital Currency Group, Inc...(Prunetti, Nicole)
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Filing 5
NOTICE OF APPEARANCE by Jessica Falk on behalf of Digital Currency Group, Inc...(Falk, Jessica)
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Filing 4
NOTICE OF APPEARANCE by Caroline Zalka on behalf of Digital Currency Group, Inc...(Zalka, Caroline)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Digital Currency Group, Inc...(Polkes, Jonathan)
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Filing 2
CIVIL COVER SHEET filed..(Polkes, Jonathan)
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Filing 1
NOTICE OF REMOVAL from New York Supreme Court, County of New York. Case Number: 151710/2023. (Filing Fee $ 402.00, Receipt Number ANYSDC-27448531).Document filed by Digital Currency Group, Inc.. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Notice of Filing of the Restructuring Term Sheet).(Polkes, Jonathan)
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