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`Case 1:21-cv-05463-LJL Document 27 Filed 12/21/21 Page 1 of 2Case 1:21-cv-05463-LJL Document 28 Filed 12/22/21 Page 1 of 6
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`UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF NEW YORK
`Defendant's motion is GRANTED. The Clerk of Court is
`respectfully directed to amend the case caption so that
`defendant "Square, Inc." is replaced with "Block, Inc."
`
`AUTHWALLET, LLC
`
`Plaintiff,
`
`v.
`
`SQUARE, INC.
`
`Defendant.
`
`Civil Action No. 1:21-cv-05463
`
`12/22/2021
`
`DEFENDANT’S UNOPPOSED MOTION TO
`SUBSTITUTE PARTY AND AMEND CASE CAPTION
`
`Defendant respectfully moves to substitute Block, Inc. for Square, Inc. as the defendant in
`
`this matter and amend the case caption to read AuthWallet, LLC v. Block, Inc., No: 1:21-cv-05463-
`
`LJL. Effective December 10, 2021, Defendant’s name was changed from Square, Inc. to Block,
`
`Inc. The Delaware Secretary of State’s certification confirming the change is attached as Exhibit
`
`A. In light of this change, Defendant respectfully moves to substitute Block, Inc. for Square, Inc.
`
`and amend the case caption accordingly. Counsel for Block have conferred with counsel for
`
`AuthWallet and AuthWallet consents to the relief sought in this motion.
`
`Defendant agrees that (i) the existing allegations in AuthWallet’s complaint (Dkt. 1) that
`
`are asserted against Square, Inc., shall be deemed asserted against Block, Inc.; and (ii) Block,
`
`Inc. will be bound by the service of summons effected on Square, Inc. (Dkt. 9) and by all other
`
`filings previously made by Square, Inc. in the above-captioned case.
`
`
`
`
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`Case 1:21-cv-05463-LJL Document 27 Filed 12/21/21 Page 2 of 2Case 1:21-cv-05463-LJL Document 28 Filed 12/22/21 Page 2 of 6
`
`Dated: December 21, 2021
`
`
`
`
`
`Respectfully submitted,
`
` /s/ Daniel S. Block
`Daniel S. Block
`Sterne, Kessler, Goldstein & Fox, P.L.L.C.
`1100 New York Avenue, N.W.
`Washington, DC 20005
`(202) 371-2600
`dblock@sternekessler.com
`
`Counsel for Defendant
`
`2
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`Case 1:21-cv-05463-LJL Document 27-1 Filed 12/21/21 Page 1 of 4Case 1:21-cv-05463-LJL Document 28 Filed 12/22/21 Page 3 of 6
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`Exhibit A
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`Case 1:21-cv-05463-LJL Document 27-1 Filed 12/21/21 Page 2 of 4Case 1:21-cv-05463-LJL Document 28 Filed 12/22/21 Page 4 of 6
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`Delaware
`
`The First State
`
`Page 1
`
`I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF
`
`DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT
`
`COPY OF THE CERTIFICATE OF AMENDMENT OF “SQUARE, INC.”,
`
`CHANGING ITS NAME FROM "SQUARE, INC." TO "BLOCK, INC.", FILED
`
`IN THIS OFFICE ON THE NINTH DAY OF DECEMBER, A.D. 2021, AT
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`10:34 O`CLOCK A.M.
`
`AND I DO HEREBY FURTHER CERTIFY THAT THE EFFECTIVE DATE OF
`
`THE AFORESAID CERTIFICATE OF AMENDMENT IS THE TENTH DAY OF
`
`DECEMBER, A.D. 2021 AT 12:01 O'CLOCK A.M.
`
`
`
`4699855 8100
`SR# 20214032216
`You may verify this certificate online at corp.delaware.gov/authver.shtml
`
`Authentication: 204922775
`Date: 12-09-21
`
`
`
`DocuSign Envelope ID: 24AF9E8E-F128-4C9B-9E48-04767F92A8B2
`
`Case 1:21-cv-05463-LJL Document 27-1 Filed 12/21/21 Page 3 of 4Case 1:21-cv-05463-LJL Document 28 Filed 12/22/21 Page 5 of 6
`State of Delaware
`Secretary of State
`Division of Corporations
`Delivered 10:34 AM 12109/2021
`FILED 10:34 AM 12/09n021
`SR 20214032216 - FileNumber 4699855
`
`CERTIFICATE OF AMENDMENT TO THE
`
`AMENDED AND RESTATED CERTIFICATE OF INCORPORATION
`
`OF
`
`SQUARE, INC.
`
`Square, Inc. (the "Corporation"), a corporation organized and existing under and by virtue of
`the General Corporation Law of the State of Delaware (the "DGCL"), does hereby certify that:
`
`The original Certificate of Incorporation of the Corporation was filed with the
`1.
`Secretary of State of the State of Delaware on June 17, 2009, under the name Seashell, Inc.
`
`Pursuant to Section 242 of the DGCL, this Certificate of Amendment to the Amended
`2.
`and Restated Certificate oflncorporation amends the provisions of the Corporation's Amended and
`Restated Certificate of Incorporation.
`
`Pursuant to Section 242 of the DGCL, the Board of Directors of the Corporation duly
`3.
`adopted this Certificate of Amendment.
`
`AR TI CLE I of the Certificate of Incorporation of the Corporation is hereby amended
`4.
`and restated in its entirety to read as follows:
`
`"The name of the Corporation is Block, Inc."
`
`5. ARTICLE II of the Certificate oflncorporation of the Corporation is hereby amended
`and restated in its entirety to read as follows:
`
`"The name and address of the Corporation's registered office in the State of Delaware is
`Corporation Trust Center, 1209 Orange Street, Wilmington, County ofNew Castle, Delaware,
`19801. The name of the Corporation's registered agent at such address is The Corporation
`Trust Company."
`
`The terms and provisions of this Certificate of Amendment shall become effective at
`12:0la.m., Eastern Time on December 10, 2021.
`
`
`
`DocuSign Envelope ID: 24AF9E8E-F128-4C9B-9E48-04767F92A8B2
`
`Case 1:21-cv-05463-LJL Document 27-1 Filed 12/21/21 Page 4 of 4Case 1:21-cv-05463-LJL Document 28 Filed 12/22/21 Page 6 of 6
`
`IN WITNESS WHEREOF, the Corporation has caused this Certificate of Amendment to be
`signed this 9th day of December, 2021.
`
`SQUARE, INC.
`a Delaware corporation
`
`Q-""'00"''
`By.~~=e~~~
`Name: Sivan Whiteley
`Title: Chief Legal Officer and Corporate Secretary
`
`-2-
`
`
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