GGC International Limited v. Ver

1:24-cv-01533 | New York Southern District Court

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Division Foley Square
Judge Judge John P. Cronan
Filed Feb. 28, 2024
Case Flags ECF
Nature of Suit 370 Fraud
Cause 28:1446fr Notice of Removal - Fraud
Demand $9,999,000
Jury Demand Plaintiff
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11 Days
  • 4/7/2025
GGCI and Ver shall file a status letter advising the Court as to the finalization of any settl ement by April 7, 2025.
If Ver intends to move to amend the Third-Party Complaint, he shall file a pre- motion letter in accordance with the Court's Individual Civil Rule 6.A by April 7, 2025.
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Filing Date # Docket Text
3/20/2025Stipulation of Voluntary Dismissal
3/19/2025Order on Motion to Withdraw as Attorney
3/18/2025Withdraw as Attorney
3/7/2025 ORDER denying 59 Letter Motion to Stay. "[A] district court possesses inherent authority to 'control the disposition of the [cases] on its docket' and has power to stay an action as an incident of that authority...." Range v. 480-486 Broadway, LLC, 810 F.3d 108, 113 (2d Cir. 2015) (quoting Landis v. N. Am. Co., 299 U.S. 248, 254 (1936)). Because Defendant and Counterclaim-Plaintiff Roger Ver has indicated that he may seek leave to amend his Third-Party Complaint, the motion to stay this matter pending finalization of a settlement between Plaintiff and Counterclaim-Defendant GGC International Limited and Ver is denied. GGCI and Ver shall file a status letter advising the Court as to the finalization of any settl ement by April 7, 2025. The Court is also in receipt of the parties' letter briefs addressing the Court's subject matter jurisdiction. Dkts. 56-58. The Court has taken these briefs under advisement. As just noted, Ver has indicated an inte nt to file a motion to amend the Third-Party Complaint in this action. See Dkt. 56 at 1 & n.1; see also Dkt. 50 at 1. If Ver intends to move to amend the Third-Party Complaint, he shall file a pre- motion letter in accordance with the Court's Individual Civil Rule 6.A by April 7, 2025. The Clerk of Court is respectfully directed to close Docket Number 59.. (Signed by Judge John P. Cronan on 3/7/2025) (rro)
3/5/2025Stay
3/1/2025Letter
3/1/2025Letter
2/28/2025Letter
2/28/2025Letter
2/21/2025Reply Memorandum of Law in Support of Motion
2/14/2025Memorandum of Law in Opposition to Motion
2/6/2025 ORDER GGCI's letter implicates the basis for the Court's subject matter jurisdiction over this matter. All parties in this matter are therefore directed to file letter briefs, of no more than ten pages each, addressing whether the bankr uptcy proceedings that served as the basis for removal have been terminated and, if so, advising the Court as to their views on whether the Court should therefore remand this case to state court. These letter briefs are due by February 28, 2025. (And as further set forth herein.) SO ORDERED. (Brief due by 2/28/2025.) (Signed by Judge John P. Cronan on 2/6/2025) (jca)
2/6/2025Letter
2/5/2025Letter
1/31/2025 MEMORANDUM OF LAW in Support re: 46 MOTION to Dismiss Second Amended Counterclaims. . Document filed by GGC International Limited..(Gottlieb, Jason) (Entered: 01/31/2025)
1/31/2025DECLARATION of Mathew Bergman in Support re: 46 MOTION to Dismiss Second Amended Counterclaims.. Document filed by GGC International Limited. (Attachments: # 1 Exhibit 1- 2002 ISDA Master Agreement, # 2 Exhibit 2- 1994 ISDA Credit Support Annex (New York Law), # 3 Exhibit 3- 2020-06-22 Amended & Restated Master Confirmation Agreement, # 4 Exhibit 4- 2022-03-22 Genesis- RV Trade Confirmation BCH Put Option 70,000 Units, # 5 Exhibit 5- 2022-06-10 Genesis- RV Trade Confirmation ETH Put Option 10,000 Units, # 6 Exhibit 6- 2022-06-11 Genesis- RV Trade Confirmation BTC Put Option 500 Units).(Gottlieb, Jason) (Entered: 01/31/2025)
1/31/2025DECLARATION of Jason Gottlieb in Support re: 46 MOTION to Dismiss Second Amended Counterclaims.. Document filed by GGC International Limited. (Attachments: # 1 Exhibit A- 2023-10-19 NY v Gemini Trust Co Complaint, # 2 Exhibit B- 2009-09-15 Lehman Brothers Bankr Hearing Transcript (excerpted)).(Gottlieb, Jason) (Entered: 01/31/2025)
1/31/2025 MOTION to Dismiss Second Amended Counterclaims. Document filed by GGC International Limited..(Gottlieb, Jason) (Entered: 01/31/2025)
1/29/2025 OPINION AND ORDER re: 29 MOTION to Dismiss the Third-Party Complaint. filed by Michael Moro, 36 MOTION to Dismiss the Third-Party Complaint. filed by Barry Silbert, Digital Currency Group, Inc..For these reasons, Moro's and the DCG Defendants motions are granted. Vers Third-Party Complaint is dismissed without prejudice. Because the Third-Party Complaints relation to ongoing bankruptcy proceedings provided the basis for this actions removal from state court, see Dkt. 1 10-16, Ver and GGCI are directed to file simultaneous letter briefs within one week of this Opinion and Order, advising the Court as to their views on whether this action should be remanded to state court. See Bailey v. AHB Mgmt. Corp., No. 22 Civ. 7316 (CBA), 2023 WL 4552462, at *3 (E.D.N.Y. 2023) (remanding to state court after the dismissal of a third-party complaint because the remaining parties "are non-diverse parties" and the remaining claims "are state-law claims" and thus [t]here is no independent basis for federal subject matter jurisdiction). The Clerk of Court is respectfully directed to close Docket Numbers 29 and 36.SO ORDERED. (Signed by Judge John P. Cronan on 1/29/2025) (jca) (Entered: 01/29/2025)
1/17/2025NOTICE OF APPEARANCE by John Forehand on behalf of Roger Ver..(Forehand, John) (Entered: 01/17/2025)
1/17/2025AMENDED ANSWER to with JURY DEMAND., COUNTERCLAIM against GGC International Limited. Document filed by Roger Ver..(Kelman, Daniel) (Entered: 01/17/2025)
1/13/2025 MEMORANDUM OPINION AND ORDER re: 14 LETTER MOTION for Oral Argument on Motions that were fully briefed in the State Court Action prior to the removal addressed to Judge John P. Cronan from Jason Gottlieb dated March 5, 2024. filed by GGC International Limited. Pending before the Court are Plaintiff and Counterclaim-Defendant GGC International Limited's ("GGCI") motion to dismiss Defendant and Counterclaim-Plaintiff Roger Ver's ("Ver") Amended Answer and Counterclaims, as well as Ver's motion to amend his Amended Answer and Counterclaims. For the following reasons, the Court grants Ver's motion to amend and denies GGCI's motion to dismiss without prejudice to filing a renewed motion against the Second Amended Answer and Counterclaims. As further stated in this order..Thus, the Court grants Ver's motion to amend his Amended Answer and Counterclaims. GGCI's motion to dismiss those counterclaims is denied without prejudice to filing a renewed motion to dismiss against Ver's Second Amended Answer and Counterclaims. Ver must file his Second Amended Answer and Counterclaims by January 17, 2025. Any renewed motion to dismiss is due by January 31, 2025. Any opposition is due by February 14, 2025. Any reply is due by February 21, 2025. The Clerk of Court is respectfully directed to close Docket Number 14. SO ORDERED. (Signed by Judge John P. Cronan on 01/13/2025) (Amended Pleadings due by 1/17/2025. Motions due by 1/31/2025. Replies due by 2/21/2025. Responses due by 2/14/2025) (ar) (Entered: 01/13/2025)
6/20/2024 REPLY MEMORANDUM OF LAW in Support re: 36 MOTION to Dismiss the Third-Party Complaint. . Document filed by Digital Currency Group, Inc., Barry Silbert..(Zalka, Caroline) (Entered: 06/20/2024)
6/6/2024 REPLY to Response to Motion re: 29 MOTION to Dismiss the Third-Party Complaint. . Document filed by Michael Moro..(Asner, Marcus) (Entered: 06/06/2024)
5/30/2024 MEMORANDUM OF LAW in Opposition re: 36 MOTION to Dismiss the Third-Party Complaint. Memorandum of Law in Opposition to Third-Party Defendants DCG and Silbert's Motion to Dismiss. Document filed by Roger Ver..(Handelsman, Michael) (Entered: 05/30/2024)
5/16/2024 MEMORANDUM OF LAW in Opposition re: 29 MOTION to Dismiss the Third-Party Complaint. . Document filed by Roger Ver..(Handelsman, Michael) (Entered: 05/16/2024)
5/2/2024 MEMORANDUM OF LAW in Support re: 36 MOTION to Dismiss the Third-Party Complaint. . Document filed by Digital Currency Group, Inc., Barry Silbert..(Zalka, Caroline) (Entered: 05/02/2024)
5/2/2024 MOTION to Dismiss the Third-Party Complaint. Document filed by Digital Currency Group, Inc., Barry Silbert..(Zalka, Caroline) (Entered: 05/02/2024)
5/2/2024NOTICE OF APPEARANCE by Jenna Harris on behalf of Digital Currency Group, Inc., Barry Silbert..(Harris, Jenna) (Entered: 05/02/2024)
5/2/2024NOTICE OF APPEARANCE by Christian Schultz on behalf of Michael Moro..(Schultz, Christian) (Entered: 05/02/2024)
5/1/202433 ORDER granting 32 Motion for Christian D. H. Schultz to Appear Pro Hac Vice (HEREBY ORDERED by Judge John P. Cronan)(Text Only Order) (mhe) (Entered: 05/01/2024)
4/24/2024>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 32 MOTION for Christian D. H. Schultz to Appear Pro Hac Vice receipt number ANYSDC-29261031. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju) (Entered: 04/24/2024)
4/23/2024 MOTION for Christian D. H. Schultz to Appear Pro Hac Vice receipt number ANYSDC-29261031. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Michael Moro. (Attachments: # 1 Affidavit in Support of Motion, # 2 Exhibit A) Arizona Certificate of Good Standing, # 3 Exhibit B) Illinois Certificate of Good Standing, # 4 Exhibit C) Texas Certificate of Good Standing, # 5 Exhibit D) Washington D.C. Certificate of Good Standing, # 6 Proposed Order for Admission Pro Hac Vice).(Schultz, Christian) (Entered: 04/23/2024)
4/23/2024>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 31 MOTION for Christian D. H. Schultz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29261031. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Texas; Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (rju) (Entered: 04/23/2024)
4/23/2024 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Christian D. H. Schultz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29261031. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Michael Moro. (Attachments: # 1 Affidavit in Support of Motion, # 2 Exhibit A) Arizona Certificate of Good Standing, # 3 Exhibit B) Illinois Certificate of Good Standing, # 4 Exhibit C) Texas Certificate of Good Standing, # 5 Exhibit D) Washington DC Certificate of Good Standing, # 6 Proposed Order for Admission Pro Hac Vice).(Schultz, Christian) Modified on 4/23/2024 (rju). (Entered: 04/23/2024)
4/18/2024 MEMORANDUM OF LAW in Support re: 29 MOTION to Dismiss the Third-Party Complaint. . Document filed by Michael Moro..(Asner, Marcus) (Entered: 04/18/2024)
4/18/2024 MOTION to Dismiss the Third-Party Complaint. Document filed by Michael Moro..(Asner, Marcus) (Entered: 04/18/2024)
4/4/2024Set/Reset Deadlines: Motions due by 5/2/2024. Responses due by 5/30/2024 Replies due by 6/20/2024. (jca) (Entered: 04/04/2024)
4/4/2024 ORDER granting 24 Letter Motion for Leave to File Document; granting 25 Letter Motion for Leave to File Document. The Court has reviewed the parties' submissions and sets the following briefing schedules on Moro and DCG's motions to dismiss: (1) Moro shall file his motion by April 18, 2024, Ver shall file his opposition to Moro's motion by May 16, 2024, and Moro shall file any reply by June 6, 2024; (2) DCG shall file its motion by May 2, 2024, Ver shall file his opposition to DCG's motion by May 30, 2024, and DCG shall file any reply by June 20, 2024. The Clerk of Court is respectfully directed to close Docket Numbers 24 and 25. SO ORDERED.. (Signed by Judge John P. Cronan on 4/4/2024) (jca) (Entered: 04/04/2024)
4/3/2024 LETTER addressed to Judge John P. Cronan from Michael D. Handelsman, Esq. dated 04/03/2024 re: Response to 3rd Party DCG Defendants' Pre-Motion Letter. Document filed by Roger Ver..(Handelsman, Michael) (Entered: 04/03/2024)
4/3/2024 LETTER addressed to Judge John P. Cronan from Michael D. Handelsman, Esq. dated 04/03/2024 re: Response to 3rd Party Defendant Moro's Pre-Motion Letter. Document filed by Roger Ver..(Handelsman, Michael) (Entered: 04/03/2024)
3/29/2024 LETTER MOTION for Leave to File Motion to Dismiss and Enter Briefing Schedule addressed to Judge John P. Cronan from Marcus A. Asner dated March 29, 2024. Document filed by Michael Moro..(Asner, Marcus) (Entered: 03/29/2024)
3/29/2024 LETTER MOTION for Leave to File Motion to Dismiss and Enter Briefing Schedule addressed to Judge John P. Cronan from Caroline H. Zalka dated March 29, 2024. Document filed by Digital Currency Group, Inc., Barry Silbert..(Zalka, Caroline) (Entered: 03/29/2024)
3/28/2024NOTICE OF APPEARANCE by Marcus Aaron Asner on behalf of Michael Moro..(Asner, Marcus) (Entered: 03/28/2024)
3/28/2024NOTICE OF APPEARANCE by Kodjo Kumi on behalf of Michael Moro..(Kumi, Kodjo) (Entered: 03/28/2024)
3/28/2024NOTICE OF APPEARANCE by Tyler Jairus Fink on behalf of Michael Moro..(Fink, Tyler) (Entered: 03/28/2024)
3/20/2024 LETTER addressed to Judge John P. Cronan from Jason Gottlieb dated March 20, 2024 re: Relevant Motion Papers for GGC International's Motion to Dismiss and Ver's Motion for Leave to Amend. Document filed by GGC International Limited. (Attachments: # 1 Exhibit 1 - MTD Papers (Dkts. 34-47), # 2 Exhibit 2 - Opp to MTD (Dkts. 48-51), # 3 Exhibit 3- Ex. 3 - Reply ISO MTD (Dkt. 52), # 4 Exhibit 4 - Mot. to Amend (Dkts. 54-59), # 5 Exhibit 5 - Opp. to Motion to Amend (Dkts. 61-77), # 6 Exhibit 6 - Reply ISO Motion to Amend (Dkt. 78)).(Gottlieb, Jason) (Entered: 03/20/2024)
3/13/2024Set/Reset Deadlines: Motions due by 3/20/2024. (jca) (Entered: 03/13/2024)
3/13/2024 ORDER granting 18 Response to the Court's Order dated March 6, 2024. GGC shall re-file the relevant motion papers on ECF by March 20, 2024. SO ORDERED. (Signed by Judge John P. Cronan on 3/13/2024) (jca) Modified on 3/14/2024 (mhe). (Entered: 03/13/2024)
3/12/2024 LETTER addressed to Judge John P. Cronan from Jason Gottlieb dated March 12, 2024 re: Response to the Court's Order dated March 6, 2024. Document filed by GGC International Limited. (Attachments: # 1 Exhibit 1 - Ver's Amended Answer and Counterclaim, # 2 Exhibit 2 - Ver's Proposed 2nd Amended Complaint).(Gottlieb, Jason) (Entered: 03/12/2024)
3/11/2024NOTICE OF APPEARANCE by Daniel Kelman on behalf of Roger Ver..(Kelman, Daniel) (Entered: 03/11/2024)
3/11/2024NOTICE OF APPEARANCE by Michael David Handelsman on behalf of Roger Ver..(Handelsman, Michael) (Entered: 03/11/2024)
3/6/2024 ORDER taking under advisement 14 Letter Motion for Oral Argument. The Court will take Plaintiff's oral argument request under advisement. By March 12, 2024, Plaintiff shall file a letter of no longer than three pages advising the Court as to its views on whether the Court should review the pending motions to dismiss and amend under the standards of the Federal Rules of Civil Procedure. Plaintiff shall also re-file the relevant pleadings for both motions on ECF by the same date. SO ORDERED. (Signed by Judge John P. Cronan on 3/6/2024) (jca) (Entered: 03/06/2024)
3/5/2024 LETTER MOTION for Oral Argument on Motions that were fully briefed in the State Court Action prior to the removal addressed to Judge John P. Cronan from Jason Gottlieb dated March 5, 2024. Document filed by GGC International Limited..(Gottlieb, Jason) (Entered: 03/05/2024)
3/4/2024 ORDER granting 9 Letter Motion for Extension of Time. The request is granted. The Third-Party Defendants shall respond to the Third-Party Complaint by March 29, 2024. SO ORDERED. (Signed by Judge John P. Cronan on 3/4/2024) (jca) (Entered: 03/04/2024)
3/4/2024NOTICE OF APPEARANCE by Vani Upadhyaya on behalf of GGC International Limited..(Upadhyaya, Vani) (Entered: 03/04/2024)
3/4/2024NOTICE OF APPEARANCE by Michael Andrew Mix on behalf of GGC International Limited..(Mix, Michael) (Entered: 03/04/2024)
3/4/2024NOTICE OF APPEARANCE by Jason P. Gottlieb on behalf of GGC International Limited..(Gottlieb, Jason) (Entered: 03/04/2024)
3/1/2024CONSENT LETTER MOTION for Extension of Time for the Third-Party Defendants to answer, move, or otherwise respond to the Third-Party Complaint to March 29, 2024 addressed to Judge John P. Cronan from Caroline Hickey Zalka dated March 1, 2024. Document filed by Digital Currency Group, Inc., Barry Silbert..(Zalka, Caroline) (Entered: 03/01/2024)
3/1/2024Magistrate Judge Gabriel W. Gorenstein 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. (tro) (Entered: 03/01/2024)
3/1/2024NOTICE OF CASE REASSIGNMENT to Judge John P. Cronan. Judge Unassigned is no longer assigned to the case. (tro) (Entered: 03/01/2024)
3/1/2024CASE DECLINED AS NOT RELATED. Case referred as related to 1:23-cv-02027-LJL and declined by Judge Lewis J. Liman and returned to wheel for assignment. (tro) (Entered: 03/01/2024)
2/29/2024CERTIFICATE OF SERVICE of Notice of Removal and accompanying Exhibits served on Morrison Cohen, LLP, Kelman PLLC, and Arnold & Porter Kaye Scholer LLP on February 29, 2024. Service was made by email and Federal Express. Document filed by Digital Currency Group, Inc., Barry Silbert..(Zalka, Caroline) (Entered: 02/29/2024)
2/29/2024CASE REFERRED TO Judge Lewis J. Liman as possibly related to 23cv2027. (pc) (Entered: 02/29/2024)
2/29/2024Case Designated ECF. (pc) (Entered: 02/29/2024)
2/29/2024CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(pc) (Entered: 02/29/2024)
2/29/2024NOTICE OF APPEARANCE by Joshua Morgan Wesneski on behalf of Digital Currency Group, Inc., Barry Silbert..(Wesneski, Joshua) (Entered: 02/29/2024)
2/29/2024NOTICE OF APPEARANCE by Caroline Zalka on behalf of Digital Currency Group, Inc., Barry Silbert..(Zalka, Caroline) (Entered: 02/29/2024)
2/29/2024NOTICE OF APPEARANCE by Jonathan D Polkes on behalf of Digital Currency Group, Inc., Barry Silbert..(Polkes, Jonathan) (Entered: 02/29/2024)
2/29/2024 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Digital Currency Group, Inc...(Polkes, Jonathan) (Entered: 02/29/2024)
2/28/2024STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:23-cv-02027. Document filed by Digital Currency Group, Inc., Barry Silbert..(Polkes, Jonathan) (Entered: 02/28/2024)
2/28/2024CIVIL COVER SHEET filed..(Polkes, Jonathan) (Entered: 02/28/2024)
2/28/2024NOTICE OF REMOVAL from New York Supreme Court, County of New York. Case Number: 650439/2023. (Filing Fee $ 405.00, Receipt Number ANYSDC-29011828).Document filed by Barry Silbert, Digital Currency Group, Inc.. (Attachments: # 1 Exhibit A - Summons, # 2 Exhibit B - Affirmation of Service, # 3 Exhibit C - Notice of Filing of Notice of Removal, # 4 Exhibit D - Notice of Remand, # 5 Exhibit E - Notice of Appearance and Demand, # 6 Exhibit F - Remand Order, # 7 Exhibit G - Complaint, # 8 Exhibit H - Answer and Counterclaim of Roger Ver, # 9 Exhibit I - Notice of Motion to Dismiss Counterclaims, # 10 Exhibit J - Memorandum in Opposition to Motion to Dismiss Counterclaims, # 11 Exhibit K - Reply Memorandum in Further Support of Motion to Dismiss Counterclaims, # 12 Exhibit L - Amended Answer and Counterclaim of Roger Ver, # 13 Exhibit M - Notice of Motion to Dismiss Amended Counterclaims, # 14 Exhibit N - Memorandum in Opposition to Motion to Dismiss Amended Counterclaims, # 15 Exhibit O - Reply Memorandum in Further Support of Motion to Dismiss Amended Counterclaims, # 16 Exhibit P - Notice of Motion for Leave to Amend and Supplement, # 17 Exhibit Q - Summons and Third-Party Complaint, # 18 Exhibit R - GGCI's Opposition to Motion to Amend and Supplement, # 19 Exhibit S - Reply Memorandum in Further Support of Motion to Amend).(Polkes, Jonathan) (Entered: 02/28/2024)