Banq, Inc. v. Purcell et al

2:22-cv-00773 | Nevada District Court

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Division Las Vegas
Judge Chief Judge Andrew P. Gordon
Filed May 16, 2022
Magistrate Magistrate Judge Daniel J. Albregts
Cause 18:1836(b) Civil Action to Protect Trade Secrets
Jury Demand Plaintiff
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4 Months
  • 8/25/2025
IT IS FURTHER ORDERED that the below deadlines shall govern discovery: Amend pleadings/add parties: August 25, 2025 Initial expert disclosures:
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5 Months
  • 9/22/2025
IT IS FURTHER ORDERED that the below deadlines shall govern discovery: Amend pleadings/add parties: August 25, 2025 Initial expert disclosures: September 22, 2025 Rebuttal expert disclosures:
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6 Months
  • 10/22/2025
IT IS FURTHER ORDERED that the below deadlines shall govern discovery: Amend pleadings/add parties: August 25, 2025 Initial expert disclosures: September 22, 2025 Rebuttal expert disclosures: October 22, 2025 Discovery cutoff:
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7 Months
  • 11/21/2025
Discovery due by 11/21/2025.
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8 Months
  • 12/22/2025
Motions due by 12/22/2025.
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9 Months
  • 1/21/2026
Proposed Joint Pretrial Order due by 1/21/2026.
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14 Months
  • 6/15/2026
Subscribed and sworn to before me this död'-/- . NAN SAUTER My Notary ID # 1104290 Expires June 15, 2026 DESIGNATION OF RESIDENT ATTORNEY ADMITTED TO THE BAR OF rars COURT AND CONSENT THERETO.
Subscribed and sworn to before me this NAN SAUTER My Notary ID# 1104290 Expires June 15, 2026 DESIGNATION OF RESIDENTA1TU.l:lNEY ADMITTED TO THE BAR OF TIDS COURT AND CONSENT THERETO.
Subscribed and sworn to before me this Petitionêr's'ätüî- NAN SAUTER My Notary ID# 1104290 Expires June 15, 2026 DESIGNATION OF RESIDENT ATTORNEY ADMITTED TO THE BAR OF TIDS COURT AND CONSENT THERETO.
Subscribed and sworn to before me this NAN SAUTER My Notary ID# 1104290 Expires June 15, 2026 DESIGNATION OF RESIDENT ATTORNEY ADMITTED TO THE BAR OF THIS COURT AND CONSENT THERETO. believes it to be in the best interests of the client(s) to designate Pursuant to the requirements of the Local Rules of Practice for this Court, the Petitioner Mitchell J. Langberg ( name of local counsel) Attorney at Law, member of the State of Nevada and previously admitted to practice before the above-entitled Court as associate resident counsel in this action.
_,, ) • NAN SAUTER My Notary IO# 1104290 Expires June 15, 2026 DESIGNATION OF RESIDENT ATTORNEY ADMITTED TO THE BAR OF THIS COl1RT AND CONSENT THERETO.
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Filing Date # Docket Text
2/3/2025
  • Order
Order on Stipulation
1/30/2025Stipulation
1/10/2025
  • Reply
Reply
1/6/2025Notice Change of Address
11/20/2024
  • Motion to Appear Pro Hac ViceGranted
ORDER granting 112 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Christopher D. Johnson for Banq, Inc. and approving Designation of Local Counsel. Signed by Chief Judge Andrew P. Gordon on 11/20/2024.
Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website www.pacer.gov
(Copies have been distributed pursuant to the NEF - MAJ)
11/19/2024
  • Motion to Appear Pro Hac Vice
Motion Permission to Practice Pro Hac Vice - Verified Petition
11/15/2024Notice Related Cases
11/13/2024
  • OrderPartial
ORDER granting in part and denying in part 106 Discovery Plan and Scheduling Order. Discovery due by 11/21/2025. Motions due by 12/22/2025. Proposed Joint Pretrial Order due by 1/21/2026. Signed by Magistrate Judge Daniel J. Albregts on 11/13/2024. (Copies have been distributed pursuant to the NEF - CAH)
11/13/2024QC Notice, QC Notice
11/12/2024
  • Response
Response
10/29/2024
  • Motion to Appear Pro Hac ViceGranted
ORDER granting 96 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Justin Strother for Banq, Inc. and approving Designation of Local Counsel; Signed by Chief Judge Andrew P. Gordon on 10/29/2024.
Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website www.pacer.gov
(Copies have been distributed pursuant to the NEF - MAJ)
10/29/2024
  • Motion to Appear Pro Hac ViceGranted
ORDER granting 99 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Allan B Diamond for Banq, Inc. and approving Designation of Local Counsel; Signed by Chief Judge Andrew P. Gordon on 10/29/2024.
Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website www.pacer.gov
(Copies have been distributed pursuant to the NEF - MAJ)
10/29/2024
  • Motion to Appear Pro Hac ViceGranted
ORDER granting 98 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Stephen T Loden for Banq, Inc. and approving Designation of Local Counsel; Signed by Chief Judge Andrew P. Gordon on 10/29/2024.
Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website www.pacer.gov
(Copies have been distributed pursuant to the NEF - MAJ)
10/29/2024
  • Motion to Appear Pro Hac ViceGranted
ORDER granting 97 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Brian Hogue for Banq, Inc. and approving Designation of Local Counsel; Signed by Chief Judge Andrew P. Gordon on 10/29/2024.
Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website www.pacer.gov
(Copies have been distributed pursuant to the NEF - MAJ)
10/9/2024
  • Order
ORDER - In light of the Ninth Circuit's memorandum decision and order on mandate (ECF Nos. 89 ; 93 ) : Case reopened. Proposed Discovery Plan/Scheduling Order due by 11/8/2024. Signed by Chief Judge Andrew P. Gordon on 10/9/2024. (Copies have been distributed pursuant to the NEF - DRM) (Entered: 10/10/2024)
10/4/2024MANDATE of USCA, Ninth Circuit, as to 89 USCA Memorandum REVERSING Judgment of U.S. District Court re 80 Notice of Appeal, filed by Banq, Inc. (Copies have been distributed pursuant to the NEF - RJDG) (Entered: 10/08/2024)
10/4/2024
  • Motion to Withdraw as CounselGranted
ORDER granting 90 Motion to Withdraw as Attorney. Roland Chang withdrawn from the case. Signed by Chief Judge Andrew P. Gordon on 10/4/2024.(Copies have been distributed pursuant to the NEF - DLS) (Entered: 10/04/2024)
10/3/202491 CLERK'S NOTICE that this case is randomly reassigned to Magistrate Judge Daniel J. Albregts for all further proceedings. All further documents must bear the correct case number 2:22-cv-00773-APG-DJA. (no image attached) (HAM) (Entered: 10/03/2024)
9/13/2024
  • Motion to Withdraw as Counselby Π
MOTION to Withdraw as Attorney by Roland Chang for Plaintiff Banq, Inc.. Responses due by 9/27/2024. (Woo, Darryl) (Entered: 09/13/2024)
9/12/2024MEMORANDUM of USCA, Ninth Circuit, REVERSING Judgment of U.S. District Court as to 80 Notice of Appeal, filed by Banq, Inc. (Copies have been distributed pursuant to the NEF - RJDG) (Entered: 09/13/2024)
4/17/2023
  • Motion to Withdraw as CounselGranted
ORDER Granting 87 Motion to Withdraw as Attorney. David R. Callaway withdrawn from the case. Signed by Magistrate Judge Cam Ferenbach on 4/17/2023. (Copies have been distributed pursuant to the NEF - JQC) (Entered: 04/17/2023)
4/7/2023
  • Motion to Withdraw as Counsel
MOTION to Withdraw as Attorney by David R. Callaway for Plaintiff Banq, Inc.. Responses due by 4/21/2023. (Chang, Roland) (Entered: 04/07/2023)
4/7/2023
  • OrderGranted
ORDER granting 85 Motion to Remove Attorney Jeff Silvestri from Electronic Service List. Signed by Magistrate Judge Cam Ferenbach on 4/7/2023. (Copies have been distributed pursuant to the NEF - HAM) (Entered: 04/07/2023)
4/7/2023
  • Motionby Δ
MOTION to remove attorney Jeff Silvestri from the Electronic Service List in this case by Defendants Fortress NFT Group, Inc., George Georgiades, Kevin Lehtiniitty, Planet NFT, Inc., Scott Purcell. (Kay, Rory) (Entered: 04/07/2023)
3/27/2023 NOTICE of Association of Counsel by Rory T Kay on behalf of Defendants Fortress NFT Group, Inc., George Georgiades, Kevin Lehtiniitty, Planet NFT, Inc., Scott Purcell. (Kay, Rory) (Entered: 03/27/2023)
3/15/2023 TRANSCRIPT DESIGNATION by Plaintiff Banq, Inc. re 80 Notice of Appeal, 33 Motion Hearing,, 82 Transcript,,. (Woo, Darryl) (Entered: 03/15/2023)
3/4/2023 TRANSCRIPT of Proceedings, 33 Motion Hearing, held on 08/25/2022, before Magistrate Judge Cam Ferenbach. Court Transcriber: Paige Christian, Paige_Christian@nvd.uscourts.gov. Any Redaction Request is due by 3/25/2023. Redacted Transcript Deadline is set for 4/4/2023. Release of the Transcript Restriction is set for 6/2/2023. Before release date, the transcript may be viewed at the court public terminal or purchased through the transcriber. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (PMC) (Entered: 03/04/2023)
2/21/2023
  • Order
USCA ORDER for Time Schedule re 80 Notice of Appeal, filed by Banq, Inc.. USCA Case Number 23-15229. (Copies have been distributed pursuant to the NEF - LOE) (Entered: 02/21/2023)
2/16/2023 NOTICE OF APPEAL as to 78 Order on Motion to Dismiss,, Order on Motion to Compel,,,, Terminate Case, 79 Judgment, by Plaintiff Banq, Inc.. Filing fee $ 505, receipt number ANVDC-7208980. E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit. (Attachments: # 1 Plaintiff Banq, Inc.'s Representation Statement) (Woo, Darryl) (Entered: 02/16/2023)
1/17/2023
  • Motion for Judgment
JUDGMENT in favor of Fortress NFT Group, Inc., Planet NFT, Inc., George Georgiades, Kevin Lehtiniitty, Scott Purcell against Banq, Inc. Signed by Clerk of Court Debra K. Kempi on 1/17/2023. (Copies have been distributed pursuant to the NEF - HAM) (Entered: 01/17/2023)
1/17/2023
  • Motion to Dismiss (Demurrer)
ORDER denying as moot 22 Motion to Dismiss; ORDER granting 56 Motion to Compel. This action is dismissed. The clerk of court is instructed toclose this case. Signed by Judge Andrew P. Gordon on 1/17/2023.; Case terminated. (Copies have been distributed pursuant to the NEF - HAM) (Entered: 01/17/2023)
12/22/202277 CLERK'S NOTICE that this case is randomly reassigned to Judge Andrew P. Gordon for all further proceedings. All further documents must bear the correct case number 2:22-cv-00773-APG-VCF. (no image attached) (DRS) (Entered: 12/22/2022)
12/22/202276
  • Order
MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 12/22/2022. By Deputy Clerk: Katie Lynn Sutherland.

With good cause appearing, the Honorable Chief Judge Miranda M. Du recuses herself in this action.

IT IS ORDERED that this action is referred to the Clerk for random reassignment of this case for all further proceedings.

(no image attached) (Copies have been distributed pursuant to the NEF - KLS) (Entered: 12/22/2022)

12/20/2022
  • Motion to StayGranted
ORDERED that the defendants' motion to stay discovery (ECF No. 61 ), pending resolution of the motion to compel arbitration, is GRANTED. Plaintiff's motion to compel (ECF No. 48 ) is DENIED WITHOUT PREJUDICE, as specified in this order. All discovery deadlines in this case (ECF No. 35 ) are VACATED. If Judge Du allows this case to proceed in this Court, the parties must file a new joint discovery plan twenty days after Judge Du enters her decision on the motion to compel arbitration. The hearing on these motions (ECF No. 74 ) is VACATED. Signed by Magistrate Judge Cam Ferenbach on 12/20/2022. (Copies have been distributed pursuant to the NEF - DRM) (Entered: 12/20/2022)
11/23/2022
  • Order
ORDER - IT IS HEREBY ORDERED that a video conference hearing on the motion to compel production of documents from defendants for first set of requests for production (ECF No. 48 ) and defendants' motion to stay discovery pending resolution of motion to compel arbitration and dismiss, or alternatively, stay the litigation (ECF NO. 61 ), is scheduled for 1/4/2023 at 01:00 PM in LV Courtroom 3D by videoconference before Magistrate Judge Cam Ferenbach.

IT IS FURTHER ORDERED that counsel/the parties must email the Courtroom Administrator, Tawnee Renfro at Tawnee_Renfro@nvd.uscourts.gov, with an email address to be used for the video conference hearing by noon, January 3, 2023. IT IS ORDERED that the Video Conference Instructions hering be adhered to.

Signed by Magistrate Judge Cam Ferenbach on 11/23/2022.

(Copies have been distributed pursuant to the NEF - CJS) (Entered: 11/23/2022)

11/4/2022
  • Motion to Stay
REPLY to Response to 61 Motion to Stay Case or Discovery by Defendants Fortress NFT Group, Inc., George Georgiades, Kevin Lehtiniitty, Planet NFT, Inc., Scott Purcell. (Silvestri, Jeffrey) (Entered: 11/04/2022)
11/4/2022
  • Motion to Compel
REPLY to Response to 56 Motion to Compel, by Defendants Fortress NFT Group, Inc., George Georgiades, Kevin Lehtiniitty, Planet NFT, Inc., Scott Purcell. (Silvestri, Jeffrey) (Entered: 11/04/2022)
11/3/2022 WITHDRAWAL of 54 Motion to Extend/Shorten Time, by Defendants Fortress NFT Group, Inc., George Georgiades, Kevin Lehtiniitty, Planet NFT, Inc., Scott Purcell. (Silvestri, Jeffrey) (Entered: 11/03/2022)
10/28/2022
  • Motion to Stayby Π
RESPONSE to 61 Motion to Stay Case or Discovery by Plaintiff Banq, Inc.. Replies due by 11/4/2022. (Woo, Darryl) (Entered: 10/28/2022)
10/28/2022
  • Motion to Compelby Π
RESPONSE to 56 Motion to Compel, by Plaintiff Banq, Inc.. Replies due by 11/4/2022. (Attachments: # 1 Declaration of Roland Chang, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Woo, Darryl) (Entered: 10/28/2022)
10/28/2022
  • Response
RESPONSE to 54 Motion to Extend/Shorten Time re: 48 Motion to Compel by Plaintiff Banq, Inc.. Replies due by 11/4/2022. (Woo, Darryl) Modified link to underlying motion on 10/31/2022 (DRS) (Entered: 10/28/2022)
10/24/2022
  • Motion to Compelby Π
REPLY to Response to 48 Motion to Compel,, by Plaintiff Banq, Inc.. (Woo, Darryl) (Entered: 10/24/2022)
10/17/2022 DECLARATION of Reid P. Mullen re 65 Response by Defendants Fortress NFT Group, Inc., George Georgiades, Kevin Lehtiniitty, Planet NFT, Inc., Scott Purcell.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Silvestri, Jeffrey) (Entered: 10/17/2022)
10/17/2022
  • Motion to Compel
RESPONSE to 48 Motion to Compel,, by Defendants George Georgiades, Kevin Lehtiniitty, Planet NFT, Inc., Scott Purcell. Replies due by 10/24/2022. (Silvestri, Jeffrey) (Entered: 10/17/2022)
10/17/2022
  • OrderGranted
ORDER granting ECF No. 63 Motion to Remove Attorney Kiley Harrison from Electronic Service List. Signed by Magistrate Judge Cam Ferenbach on 10/17/2022. (Copies have been distributed pursuant to the NEF - DRM) (Entered: 10/17/2022)
10/17/2022
  • Motion
MOTION to remove attorney Kiley Harrison from the Electronic Service List in this case by Defendants Fortress NFT Group, Inc., George Georgiades, Kevin Lehtiniitty, Planet NFT, Inc., Scott Purcell. (Silvestri, Jeffrey) (Entered: 10/17/2022)
10/14/2022 DECLARATION of Reid P. Mullen re 61 Motion to Stay Case or Discovery by Defendants Fortress NFT Group, Inc., George Georgiades, Kevin Lehtiniitty, Planet NFT, Inc., Scott Purcell.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Silvestri, Jeffrey) (Entered: 10/14/2022)
10/14/2022
  • Motion to Stay
MOTION to Stay Discovery re 56 Motion to Compel, by Defendants Fortress NFT Group, Inc., George Georgiades, Kevin Lehtiniitty, Planet NFT, Inc., Scott Purcell. Responses due by 10/28/2022. (Silvestri, Jeffrey) (Entered: 10/14/2022)
10/14/2022 DECLARATION of George Georgiades re 56 Motion to Compel, by Defendants Fortress NFT Group, Inc., George Georgiades, Kevin Lehtiniitty, Planet NFT, Inc., Scott Purcell.. (Attachments: # 1 Exhibit A)(Silvestri, Jeffrey) (Entered: 10/14/2022)
10/14/2022 DECLARATION of Scott Purcell re 56 Motion to Compel, by Defendants Fortress NFT Group, Inc., George Georgiades, Kevin Lehtiniitty, Planet NFT, Inc., Scott Purcell.. (Attachments: # 1 Exhibit A)(Silvestri, Jeffrey) (Entered: 10/14/2022)
10/14/2022 DECLARATION of Kevin Lehtiniitty re 56 Motion to Compel, by Defendants Fortress NFT Group, Inc., George Georgiades, Kevin Lehtiniitty, Planet NFT, Inc., Scott Purcell.. (Attachments: # 1 Exhibit A)(Silvestri, Jeffrey) (Entered: 10/14/2022)
10/14/2022 DECLARATION of Reid P. Mullen re 56 Motion to Compel, by Defendants Fortress NFT Group, Inc., George Georgiades, Kevin Lehtiniitty, Planet NFT, Inc., Scott Purcell.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Silvestri, Jeffrey) (Entered: 10/14/2022)
10/14/2022
  • Motion to Compel Arbitration (Arbitration Demand)
MOTION to Compel Arbitration and Dismiss, or Alternatively Stay the Litigation by Defendants Fortress NFT Group, Inc., George Georgiades, Kevin Lehtiniitty, Planet NFT, Inc., Scott Purcell. Responses due by 10/28/2022. (Silvestri, Jeffrey) (arbitration) (Entered: 10/14/2022)
10/14/2022 DECLARATION of Reid P. Mullen re 54 Motion to Extend/Shorten Time, by Defendants Fortress NFT Group, Inc., George Georgiades, Kevin Lehtiniitty, Planet NFT, Inc., Scott Purcell.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Silvestri, Jeffrey) (Entered: 10/14/2022)
10/14/2022
  • Motion to Extend Time
MOTION to Extend Time (First Request) to Respond re 48 Motion to Compel,, by Defendants Fortress NFT Group, Inc., George Georgiades, Kevin Lehtiniitty, Planet NFT, Inc., Scott Purcell. Responses due by 10/28/2022. (Silvestri, Jeffrey) (nondispositive) (Entered: 10/14/2022)
10/6/202253 CLERK'S NOTICE Regarding Local Rule IC 2-1. Attorney Steven P. Ragland, Reid P. Mullen and Neha Sabharwal is in violation of Local Rule IC 2-1(a) and 2-1(d). You are required to register to file documents electronically in the Court's electronic filing system (CM/ECF) and the electronic service of pleadings and other papers. Please visit the PACER website www.pacer.gov to complete the registration for CM/
(no image attached) (LE) (Entered: 10/06/2022)
10/3/2022
  • OrderGranted
ORDER approving ECF No. 47 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Neha Sabharwal and approving Designation of Local Counsel Jeff Silvestri. Signed by Chief Judge Miranda M. Du on 10/3/2022.


Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website www.pacer.gov

(Copies have been distributed pursuant to the NEF - HKL) (Entered: 10/04/2022)

10/3/2022
  • OrderGranted
ORDER approving ECF No. 46 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Reid P. Mullen and approving Designation of Local Counsel Jeff Silvestri. Signed by Chief Judge Miranda M. Du on 10/3/2022.


Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website www.pacer.gov

(Copies have been distributed pursuant to the NEF - HKL) (Entered: 10/04/2022)

10/3/2022
  • OrderGranted
ORDER approving ECF No. 45 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Steven P. Ragland and approving Designation of Local Counsel Jeff Silvestri. Signed by Chief Judge Miranda M. Du on 10/3/2022.


Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website www.pacer.gov

(Copies have been distributed pursuant to the NEF - HKL) (Entered: 10/04/2022)

10/3/2022
  • OrderGranted
ORDER approving ECF No. 44 Verified Petition for Permission to Practice Pro Hac Vice for Attorney John W. Keker and approving Designation of Local Counsel Jeff Silvestri. Signed by Chief Judge Miranda M. Du on 10/3/2022.


Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website www.pacer.gov

(Copies have been distributed pursuant to the NEF - HKL) (Entered: 10/04/2022)

10/3/2022
  • Motion to Compel Production Document
MOTION to Compel Production of Documents from Defendants for First Set of Requests for Production by Plaintiff Banq, Inc.. Responses due by 10/17/2022. (Attachments: # 1 Declaration of Roland Chang in Support of Plaintiff Banq, Inc.'s Motion to Compel Production of Documents From Defendants for First Set of Requests for Production, # 2 Exhibit A: Defendants' Responses to Plaintiff's Requests for Production, # 3 Exhibit B: Emails Dated August 23 - September 20, 2022, # 4 Exhibit C: Emails Dated September 26 - October 1, 2022)(Woo, Darryl) (discovery) (Entered: 10/03/2022)
10/3/2022
  • Motion
MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Neha Sabharwal and DESIGNATION of Local Counsel Jeff Silvestri (Filing fee $ 250 receipt number ANVDC-7069503) by Defendants Fortress NFT Group, Inc., George Georgiades, Kevin Lehtiniitty, Planet NFT, Inc., Scott Purcell. (Silvestri, Jeffrey) (Entered: 10/03/2022)
10/3/2022
  • Motion
MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Reid P. Mullen and DESIGNATION of Local Counsel Jeff Silvestri (Filing fee $ 250 receipt number ANVDC-7069490) by Defendants Fortress NFT Group, Inc., George Georgiades, Kevin Lehtiniitty, Planet NFT, Inc., Scott Purcell. (Silvestri, Jeffrey) (Entered: 10/03/2022)
10/3/2022
  • Motion
MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Steven P. Ragland and DESIGNATION of Local Counsel Jeff Silvestri (Filing fee $ 250 receipt number ANVDC-7069469) by Defendants Fortress NFT Group, Inc., George Georgiades, Kevin Lehtiniitty, Planet NFT, Inc., Scott Purcell. (Silvestri, Jeffrey) (Entered: 10/03/2022)
10/3/2022
  • Motion
MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by John W. Keker and DESIGNATION of Local Counsel Jeff Silvestri (Filing fee $ 250 receipt number ANVDC-7069460) by Defendants Fortress NFT Group, Inc., George Georgiades, Kevin Lehtiniitty, Planet NFT, Inc., Scott Purcell. (Silvestri, Jeffrey) (Entered: 10/03/2022)
9/28/202243 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel John W. Keker to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - www.nvd.uscourts.gov.

Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the PACER website www.pacer.gov to register Attorney. Verified Petition due by 10/12/2022. (no image attached) (WJ) (Entered: 09/28/2022)

9/28/202242 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Reid P. Mullen to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - www.nvd.uscourts.gov.

Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the PACER website www.pacer.gov to register Attorney. Verified Petition due by 10/12/2022. (no image attached) (WJ) (Entered: 09/28/2022)

9/28/202241 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Steven P. Ragland to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - www.nvd.uscourts.gov.

Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the PACER website www.pacer.gov to register Attorney. Verified Petition due by 10/12/2022. (no image attached) (WJ) (Entered: 09/28/2022)

9/26/2022
  • Motion to Substitute CounselGranted
ORDER granting 39 Motion to Substitute Attorneys. Jeff Silvestri and Kiley Harrison in for Attorney Christopher R. Miltenberger and Mark E. Ferrario by Defendants Fortress NFT Group, Inc., George Georgiades, Kevin Lehtiniitty, Planet NFT, Inc., Scott Purcell. Signed by Magistrate Judge Cam Ferenbach on 9/26/2022. (Copies have been distributed pursuant to the NEF - HAM) (Entered: 09/26/2022)
9/26/2022
  • Motion to Substitute Counsel
MOTION to Substitute Attorney Jeff Silvestri and Kiley Harrison in for Attorney Christopher R. Miltenberger and Mark E. Ferrario by Defendants Fortress NFT Group, Inc., George Georgiades, Kevin Lehtiniitty, Planet NFT, Inc., Scott Purcell. Responses due by 10/10/2022. (Silvestri, Jeffrey) (Entered: 09/26/2022)
8/31/2022
  • OrderGranted
ORDER granting 37 Stipulation re Documents and Electronically Stored Information. Signed by Magistrate Judge Cam Ferenbach on 8/31/2022. (Copies have been distributed pursuant to the NEF - HAM) (Entered: 08/31/2022)
8/30/2022
  • Motion
STIPULATION ORDER REGARDING PRODUCTION OF ELECTRONICALLY STORED INFORMATION by Plaintiff Banq, Inc.. (Woo, Darryl) (other) (discovery) (Entered: 08/30/2022)
8/30/2022 NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC § 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.) (DRM) (Entered: 08/30/2022)
8/29/2022
  • Scheduling Order
SCHEDULING ORDER re ECF No. 34 Amended Proposed Order : Discovery due by 3/24/2023. Motions due by 7/24/2023. Proposed Joint Pretrial Order due by 8/23/2023. Signed by Magistrate Judge Cam Ferenbach on 8/29/2022. (Copies have been distributed pursuant to the NEF - DRM) (Entered: 08/30/2022)
8/26/2022Amended Stipulated Discovery Plan and Scheduling Order by Plaintiff Banq, Inc... (Woo, Darryl) (Entered: 08/26/2022)
8/25/202233 MINUTES OF PROCEEDINGS - Motion Hearing held on 8/25/2022 before Magistrate Judge Cam Ferenbach. Crtrm Administrator: T. Renfro; Pla Counsel: Darryl Woo, Mitchell Langberg, Roland Chang; Def Counsel: Christopher Miltenberger; Recording start and end times: 10:56 - 11:12 am; Courtroom: 3D;

All parties appeared via video conference for this hearing. The Court makes preliminary remarks and hears representations of counsel. IT IS ORDERED that 29 Stipulated Discovery Plan is DENIED. The parties have until August 30, 2022 to file a new Stipulated Discovery Plan.

(no image attached) (Copies have been distributed pursuant to the NEF - TR) (Entered: 08/25/2022)

8/16/2022
  • Order
ORDER - A video conference hearing the Joint Rule 26(f) Report, Discovery Plan, and Scheduling Order (ECF No. 29 ), is scheduled for 11:00 AM, August 25, 2022, before Judge Cam Ferenbach. Counsel/the parties must email the Courtroom Administrator, Tawnee Renfro at Tawnee_Renfro@nvd.uscourts.gov, with an email address to be used for the video conference hearing by noon, August 18, 2022. See attached PDF Order for additional specifications/instructions. Signed by Magistrate Judge Cam Ferenbach on 8/16/2022. (Copies have been distributed pursuant to the NEF - HKL) (Entered: 08/16/2022)
8/15/2022
  • Motion for Protective Order
PROTECTIVE ORDER. ORDER granting 30 Stipulated Protective Order. Signed by Magistrate Judge Cam Ferenbach on 8/15/2022. (Copies have been distributed pursuant to the NEF - HAM) (Entered: 08/15/2022)
8/12/2022 STIPULATED PROTECTIVE ORDER [Proposed ]Confidentiality Agreement and Protective Order by Defendants Fortress NFT Group, Inc., George Georgiades, Kevin Lehtiniitty, Planet NFT, Inc., Scott Purcell.. (Miltenberger, Christopher) (Entered: 08/12/2022)
8/11/2022Joint Stipulated Discovery Plan and Scheduling Order by Plaintiff Banq, Inc... (Woo, Darryl) (Entered: 08/11/2022)
8/8/2022
  • Motion to Dismiss (Demurrer)by Δ
REPLY to Response to 22 Motion to Dismiss,, by Defendants Fortress NFT Group, Inc., George Georgiades, Kevin Lehtiniitty, Planet NFT, Inc., Scott Purcell. (Miltenberger, Christopher) (Entered: 08/08/2022)
7/25/2022
  • Motion to Dismiss (Demurrer)by Π
RESPONSE to 22 Motion to Dismiss,, by Plaintiff Banq, Inc.. Replies due by 8/1/2022. (Woo, Darryl) (Entered: 07/25/2022)
7/5/2022
  • Order
  • Motion to Extend TimeGranted
ORDER granting ECF No. 25 Stipulation for extension of time. Plaintiff Banq shall have until July 25, 2022 to respond to Defendants' Motion to Dismiss (ECF No. 22 ), or In the Alternative, Motion for a More Definite Statement, and Defendants shall have until August 8, 2022 to file a reply in support of the Motion. Signed by Chief Judge Miranda M. Du on 7/5/2022. (Copies have been distributed pursuant to the NEF - HKL) (Entered: 07/06/2022)
7/1/2022
  • Motion to Extend Timeby Π
Joint STIPULATION FOR EXTENSION OF TIME (First Request) /Joint Stipulation and [Proposed] Order to Extend Deadlines Regarding Defendants' Motion to Dismiss, or in the Alternative, Motion for a More Definite Statement re 22 Motion to Dismiss,, by Plaintiff Banq, Inc.. (Woo, Darryl) (Entered: 07/01/2022)
6/27/2022 EXHIBIT A - Email dated December 15, 2021 to 22 Motion to Dismiss,, by Defendants Fortress NFT Group, Inc., George Georgiades, Kevin Lehtiniitty, Planet NFT, Inc., Scott Purcell. (Miltenberger, Christopher) (Entered: 06/27/2022)
6/27/2022 CERTIFICATE of Interested Parties by Fortress NFT Group, Inc., George Georgiades, Kevin Lehtiniitty, Planet NFT, Inc., Scott Purcell that identifies all parties that have an interest in the outcome of this case. Other Affiliate Planet NFT, LLC, Other Affiliate Fortress Trust LLC, Other Affiliate Fortress Wallet LLC for Fortress NFT Group, Inc. added. (Miltenberger, Christopher) (Entered: 06/27/2022)
6/27/2022
  • Motion to Dismiss (Demurrer)
MOTION to Dismiss 1 Complaint,,, by Defendants Fortress NFT Group, Inc., George Georgiades, Kevin Lehtiniitty, Planet NFT, Inc., Scott Purcell. Responses due by 7/11/2022. Discovery Plan/Scheduling Order due by 8/11/2022. (Miltenberger, Christopher)

NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. (Entered: 06/27/2022)

6/9/2022
  • OrderGranted
ORDER granting ECF No. 20 Stipulation : Defendants must respond to Plaintiff Banq's early Rule 34 discovery requests by July 27, 2022. The deadline for all Defendants to answer or otherwise respond to the Complaint is June 27, 2022. Signed by Magistrate Judge Cam Ferenbach on 6/9/2022. (Copies have been distributed pursuant to the NEF - DRM) (Entered: 06/10/2022)
6/9/2022
  • Motion to Extend Timeby Π
Joint STIPULATION FOR EXTENSION OF TIME (First Request) /Joint Stipulation and [Proposed] Order for Early Rule 34 Discovery and to Extend Deadline for Filing Responses to Complaint (First Request) re 1 Complaint,,, by Plaintiff Banq, Inc.. (Langberg, Mitchell) (Entered: 06/09/2022)
6/1/2022 NOTICE of Corrected Image/Document re 12 Summons Returned Executed, by Plaintiff Banq, Inc.. (Service of corrected image is attached.) (Langberg, Mitchell) (Entered: 06/01/2022)
6/1/2022 SUMMONS Returned Executed by Banq, Inc. re 1 Complaint,,, 2 Certificate of Interested Parties, 3 Notice for Desig of Local Counsel & VP,,, 5 Standing Order, 4 Summons Issued,. George Georgiades served on 5/27/2022. (Langberg, Mitchell) (Entered: 06/01/2022)
5/26/2022 SUMMONS Returned Executed by Banq, Inc. re 1 Complaint,,, Assign Judges in Civil Case, 2 Certificate of Interested Parties, 3 Notice for Desig of Local Counsel & VP,,, 4 Summons Issued, 5 Standing Order,. Kevin Lehtiniitty served on 5/26/2022. (Langberg, Mitchell) (Entered: 05/26/2022)
5/25/202215 CLERK'S NOTICE Regarding Local Rule IC 2-1. Attorney Roland Chang is in violation of Local Rule IC 2-1(a) and 2-1(d). You are required to register to file documents electronically in the Court's electronic filing system (CM/ECF) and the electronic service of pleadings and other papers. Please visit the PACER website www.pacer.gov to complete the registration for CM/
(no image attached) (WJ) Modified on 6/1/2022 COMPLIED (WJ). (Entered: 05/25/2022)
5/24/2022
  • OrderGranted
ORDER approving ECF No. 8 Verified Petition for Permission to Practice Pro Hac Vice by David R. Callaway and approving Designation of Local Counsel, Mitchell J. Langberg. Signed by Chief Judge Miranda M. Du on 5/24/2022.


Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website www.pacer.gov

(Copies have been distributed pursuant to the NEF - HKL) (Entered: 05/25/2022)

5/24/2022 SUMMONS Returned Executed by Banq, Inc. re 1 Complaint,,, Assign Judges in Civil Case, 2 Certificate of Interested Parties, 3 Notice for Desig of Local Counsel & VP,,, 4 Summons Issued, 5 Standing Order,. Planet NFT, Inc served on 5/20/2022. (Langberg, Mitchell) Modified party served on 5/24/2022 (DRS). (Entered: 05/24/2022)
5/24/2022Filed in error by counsel, Please Disregard.SUMMONS Returned Executed by Banq, Inc. re 1 Complaint,,, Assign Judges in Civil Case, 2 Certificate of Interested Parties, 3 Notice for Desig of Local Counsel & VP,,, 4 Summons Issued, 5 Standing Order,. Fortress NFT Group, Inc. served on 5/20/2022. (Langberg, Mitchell) Modified on 5/24/2022 (DRS). (Entered: 05/24/2022)
5/24/2022 View Corrected Image 19 as to SUMMONS Returned Executed by Banq, Inc. re 1 Complaint,,, Assign Judges in Civil Case, 2 Certificate of Interested Parties, 3 Notice for Desig of Local Counsel & VP,,, 4 Summons Issued, 5 Standing Order,. Fortress NFT Group, Inc. served on 5/18/2022. (Langberg, Mitchell) Modified party served on 5/24/2022 (DRS). Modified on 6/1/2022 (EDS). (Entered: 05/24/2022)
5/24/2022 SUMMONS Returned Executed by Banq, Inc. re 1 Complaint,,, Assign Judges in Civil Case, 2 Certificate of Interested Parties, 3 Notice for Desig of Local Counsel & VP,,, 4 Summons Issued, 5 Standing Order,. Scott Purcell served on 5/20/2022. (Langberg, Mitchell) (Entered: 05/24/2022)
5/23/2022
  • OrderGranted
ORDER approving ECF No. 7 Verified Petition for Permission to Practice Pro Hac Vice by Roland Chang and approving Designation of Local Counsel, Mitchell J. Langberg. Signed by Chief Judge Miranda M. Du on 5/23/2022.


Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website www.nvd.uscourts.gov

(Copies have been distributed pursuant to the NEF - HKL) (Entered: 05/24/2022)

5/23/2022
  • OrderGranted
ORDER approving ECF No. 6 Verified Petition for Permission to Practice Pro Hac Vice by Darryl M. Woo and approving Designation of Local Counsel, Mitchell J. Langberg. Signed by Chief Judge Miranda M. Du on 5/23/2022.


Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website www.nvd.uscourts.gov

(Copies have been distributed pursuant to the NEF - HKL) (Entered: 05/24/2022)

5/20/2022
  • Motionby Π
MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by David R. Callaway and DESIGNATION of Local Counsel Mitchell J. Langberg (Filing fee $ 250 receipt number ANVDC-6912207) by Plaintiff Banq, Inc.. (Langberg, Mitchell) (Entered: 05/20/2022)
5/20/2022
  • Motionby Π
MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Roland Chang and DESIGNATION of Local Counsel Mitchell J. Langberg (Filing fee $ 250 receipt number ANVDC-6912206) by Plaintiff Banq, Inc.. (Langberg, Mitchell) (Entered: 05/20/2022)
5/20/2022
  • Motionby Π
MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Darryl M. Woo and DESIGNATION of Local Counsel Mitchell J. Langberg (Filing fee $ 250 receipt number ANVDC-6912202) by Plaintiff Banq, Inc.. (Langberg, Mitchell) (Entered: 05/20/2022)
5/17/20225
  • Standing Order
STANDING ORDER. This case has been assigned to the Honorable Miranda M. Du. Chief Judge Du's Civil Standing Order is posted on the U.S. District Court, District of Nevada public website and may be accessed directly via this hyperlink: www.nvd.uscourts.gov. (Copies have been distributed pursuant to the NEF - PAV) (Entered: 05/17/2022)
5/16/2022 SUMMONS ISSUED as to Fortress NFT Group, Inc., George Georgiades, Kevin Lehtiniitty, Planet NFT, Inc., Scott Purcell re 1 Complaint. (Attachments: # 1 Summons Lehtiniitty, # 2 Summons Georgiades, # 3 Summons Fortress NFT Group, Inc., # 4 Summons Planet NFT, Inc.) (EDS) (Entered: 05/16/2022)
5/16/2022Case randomly assigned to Chief Judge Miranda M. Du and Magistrate Judge Cam Ferenbach. (EDS) (Entered: 05/16/2022)
5/16/20223 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Darryl M. Woo, Roland Chang, David R. Callaway to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - www.nvd.uscourts.gov.

Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the PACER website www.pacer.gov to register Attorney. Verified Petition due by 5/30/2022. (no image attached) (EDS) Modified on 6/1/2022 COMPLIED (WJ). (Entered: 05/16/2022)

5/16/2022 Attorney update in case: Attorney Darryl M. Woo,Roland Chang,David R. Callaway for Banq, Inc. added per 1 Complaint. (EDS) (Entered: 05/16/2022)
5/16/2022 CERTIFICATE of Interested Parties by Banq, Inc. that identifies all parties that have an interest in the outcome of this case. Other Affiliate Senior Comfort Corporation, Other Affiliate Eagles Nest, LLC, Other Affiliate The J Max Jiles Trust for Banq, Inc. added. (Langberg, Mitchell) (Entered: 05/16/2022)
5/16/2022
  • Complaint
COMPLAINT against Fortress NFT Group, Inc., George Georgiades, Kevin Lehtiniitty, Planet NFT, Inc., Scott Purcell (Filing fee $402 receipt number ANVDC-6905551) by Banq, Inc.. Proof of service due by 8/14/2022. (Attachments: # 1 Civil Cover Sheet, # 2 Summons (To Scott Purcell), # 3 Summons (To Kevin Lehtiniitty), # 4 Summons (To George Georgiades), # 5 Summons (To Fortress NFT Group, Inc. d/b/a Fortress Block Chain Technologies), # 6 Summons (To Planet NFT, Inc.)) (Langberg, Mitchell)

NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. (Entered: 05/16/2022)