Vandelay Industries TM LLC et al v. BITWISE HOLD 10 PRIVATE INDEX FUND, LLC et al
| New York Southern District Court | |
| Judge: | Jennifer H Rearden |
| Case #: | 1:24-cv-07554 |
| Nature of Suit | 890 Other Statutes - Other Statutory Actions |
| Cause | 15:78m(a) Securities Exchange Act |
| Case Filed: | Oct 04, 2024 |
| Last checked: Wednesday Apr 02, 2025 5:46 AM EDT |
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Defendant
Bitwise 10 Crypto Index Fund
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Represented By
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Defendant
Bitwise Asset Management, Inc.
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Represented By
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Defendant
Bitwise Hold 10 Private Index Fund, LLC
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Represented By
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Defendant
Bitwise Investment Advisors, LLC
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Represented By
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Defendant
James Farrell
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Represented By
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Defendant
Teddy Fusaro
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Represented By
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Defendant
Hunter Horsley
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Represented By
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Defendant
Matt Hougan
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Represented By
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Plaintiff
Vandelay Industries AM LLC
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Represented By
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Plaintiff
Vandelay Industries KM LLC
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Represented By
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Plaintiff
Vandelay Industries TM LLC
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Represented By
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| Docket last updated: 6 hours ago |
| Friday, February 07, 2025 | ||
| 22 | 22
respm
Declaration in Support of Motion
Fri 02/07 9:14 PM
DECLARATION of Katherine Dowling in Support re:10 MOTION to Dismiss Verified Amended Complaint .. Document filed by Hunter Horsley, Matt Hougan, Teddy Fusaro, James Farrell, Bitwise Hold 10 Private Index Fund, LLC, Bitwise 10 Crypto Index Fund, Bitwise Asset Management, Inc., Bitwise Investment Advisors, LLC..(Baumstein, Douglas) |
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Att: 1
Exhibit L-May 2018 Press Release
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| 21 | 21
respm
Reply Memorandum of Law in Support of Motion
Fri 02/07 9:10 PM
REPLY MEMORANDUM OF LAW in Support re:10 MOTION to Dismiss Verified Amended Complaint . . Document filed by Hunter Horsley, Matt Hougan, Teddy Fusaro, James Farrell, Bitwise Hold 10 Private Index Fund, LLC, Bitwise 10 Crypto Index Fund, Bitwise Asset Management, Inc., Bitwise Investment Advisors, LLC..(Baumstein, Douglas) |
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| Friday, January 17, 2025 | ||
| 20 | 20
30+
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respm
Memorandum of Law in Opposition to Motion
Fri 01/17 3:29 PM
MEMORANDUM OF LAW in Opposition re:10 MOTION to Dismiss Verified Amended Complaint . . Document filed by Vandelay Industries TM LLC, Vandelay Industries KM LLC, Vandelay Industries AM LLC..(Lewner, Andrew) |
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| 19 | 19
respm
Declaration in Opposition to Motion
Fri 01/17 3:26 PM
DECLARATION of Theodore Mukamal in Opposition re:10 MOTION to Dismiss Verified Amended Complaint .. Document filed by Vandelay Industries TM LLC, Vandelay Industries KM LLC, Vandelay Industries AM LLC..(Lewner, Andrew) |
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Att: 1
Exhibit A
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| 18 | 18
respm
Declaration in Opposition to Motion
Fri 01/17 3:24 PM
DECLARATION of Andrew S. Lewner, Esq. in Opposition re:10 MOTION to Dismiss Verified Amended Complaint .. Document filed by Vandelay Industries TM LLC, Vandelay Industries KM LLC, Vandelay Industries AM LLC..(Lewner, Andrew) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B
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| Friday, January 10, 2025 | ||
| 17 | 17
2
pgs
order
Order on Motion for Extension of Time to File
Fri 01/10 11:27 AM
ORDER granting16 Letter Motion for Extension of Time to File Application GRANTED. The Court wishes counsel a speedy recovery. Plaintiffs shall file their opposition by January 20, 2025. Defendants shall file their reply by February 7, 2025. The Clerk of Court is directed to terminate ECF No. 16. So Ordered. (Signed by Judge Jennifer H. Rearden on 1/8/2025) (jca) |
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utility
Set/Reset Deadlines
Fri 01/10 11:28 AM
Set/Reset Deadlines: Responses due by 1/20/2025 Replies due by 2/7/2025. (jca) |
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| Wednesday, January 08, 2025 | ||
| 16 | 16
motion
Extension of Time to File Document
Wed 01/08 4:54 PM
LETTER MOTION for Extension of Time to File addressed to Judge Jennifer H. Rearden from Andrew S. Lewner dated January 8, 2024. Document filed by Vandelay Industries TM LLC, Vandelay Industries KM LLC, Vandelay Industries AM LLC..(Lewner, Andrew) |
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| Tuesday, December 10, 2024 | ||
| 15 | 15
1
pgs
order
Order on Motion for Extension of Time to File Response/Reply
Tue 12/10 12:20 PM
ORDER granting14 Letter Motion for Extension of Time to File Response/Reply Application GRANTED. Plaintiffs shall file their opposition by January 10, 2025. Defendants shall file their reply by January 31, 2025. The Clerk of Court is directed to terminate ECF No. 14. SO ORDERED. Responses due by 1/10/2025 Replies due by 1/31/2025.. (Signed by Judge Jennifer H. Rearden on 12/10/2024) (jca) |
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| Monday, December 09, 2024 | ||
| 14 | 14
motion
Extension of Time to File Response/Reply
Mon 12/09 3:30 PM
LETTER MOTION for Extension of Time to File Response/Reply as to13 Declaration in Support of Motion,12 Declaration in Support of Motion,,,11 Memorandum of Law in Support of Motion,10 MOTION to Dismiss Verified Amended Complaint . addressed to Judge Jennifer H. Rearden from Andrew S. Lewner dated December 9, 2024. Document filed by Vandelay Industries TM LLC, Vandelay Industries KM LLC, Vandelay Industries AM LLC..(Lewner, Andrew) |
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| Friday, November 22, 2024 | ||
| 13 | 13
respm
Declaration in Support of Motion
Fri 11/22 6:22 PM
DECLARATION of Paul ("Teddy") Fusaro in Support re:10 MOTION to Dismiss Verified Amended Complaint .. Document filed by Hunter Horsley, Matt Hougan, Teddy Fusaro, James Farrell, Bitwise Hold 10 Private Index Fund, LLC, Bitwise 10 Crypto Index Fund, Bitwise Asset Management, Inc., Bitwise Investment Advisors, LLC..(Baumstein, Douglas) |
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| 12 | 12
respm
Declaration in Support of Motion
Fri 11/22 6:12 PM
DECLARATION of Douglas P. Baumstein in Support re:10 MOTION to Dismiss Verified Amended Complaint .. Document filed by Hunter Horsley, Matt Hougan, Teddy Fusaro, James Farrell, Bitwise Hold 10 Private Index Fund, LLC, Bitwise 10 Crypto Index Fund, Bitwise Asset Management, Inc., Bitwise Investment Advisors, LLC..(Baumstein, Douglas) |
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Att: 1
Exhibit A-Verified Amended Complaint,
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Att: 2
Exhibit B-BITW Trust Agreement,
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Att: 3
Exhibit C-Confidential Private Placement Memorandum,
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Att: 4
Exhibit D-Horsley email to investors on March 27, 2020,
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Att: 5
Exhibit E-BITW Conversion Documents,
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Att: 6
Exhibit F-Emails between Mukamal and Farrell Mar. & Apr. 2020,
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Att: 7
Exhibit G-Farrell email to BITW investors on Oct. 30, 2020,
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Att: 8
Exhibit H-2021 Subscription Agreements,
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Att: 9
Exhibit I-Bitwise Monthly Investor Letter April 2020,
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Att: 10
Exhibit J-Defendants email to investors on Nov. 6, 2020,
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Att: 11
Exhibit K-Defendants email to investors on Dec. 8, 2020
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| 11 | 11
30+
pgs
respm
Memorandum of Law in Support of Motion
Fri 11/22 6:02 PM
MEMORANDUM OF LAW in Support re:10 MOTION to Dismiss Verified Amended Complaint . . Document filed by Hunter Horsley, Matt Hougan, Teddy Fusaro, James Farrell, Bitwise Hold 10 Private Index Fund, LLC, Bitwise 10 Crypto Index Fund, Bitwise Asset Management, Inc., Bitwise Investment Advisors, LLC..(Baumstein, Douglas) |
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| 10 | 10
motion
Dismiss
Fri 11/22 5:55 PM
MOTION to Dismiss Verified Amended Complaint . Document filed by Hunter Horsley, Matt Hougan, Teddy Fusaro, James Farrell, Bitwise Hold 10 Private Index Fund, LLC, Bitwise 10 Crypto Index Fund, Bitwise Asset Management, Inc., Bitwise Investment Advisors, LLC..(Baumstein, Douglas) |
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| Friday, November 08, 2024 | ||
| 9 | 9
2
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order
Order on Motion for Extension of Time to Answer
Fri 11/08 1:44 PM
ORDER granting8 Letter Motion for Extension of Time to Answer Application GRANTED. Defendants' deadline to respond to the Verified Amended Complaint is extended to November 22, 2024. Plaintiffs shall file their opposition to Defendants' anticipated motion to dismiss by December 20, 2024. Defendants shall file their reply by January 10, 2024. The Clerk of Court is directed to terminate ECF No. 8. SO ORDERED. SO ORDERED. Bitwise 10 Crypto Index Fund answer due 11/22/2024; Bitwise Hold 10 Private Index Fund, LLC answer due 11/22/2024. (Signed by Judge Jennifer H. Rearden on 11/8/2024) (jca) |
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utility
Set/Reset Deadlines
Fri 11/08 1:45 PM
Set/Reset Deadlines: Responses due by 12/20/2024 Replies due by 1/20/2024. (jca) |
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| Thursday, November 07, 2024 | ||
| 8 | 8
motion
Extension of Time to File Answer
Thu 11/07 2:39 PM
LETTER MOTION for Extension of Time to File Answer to Verified Amended Complaint addressed to Judge Jennifer H. Rearden from Douglas P. Baumstein dated November 7, 2024. Document filed by Hunter Horsley, Matt Hougan, Teddy Fusaro, James Farrell, Bitwise Hold 10 Private Index Fund, LLC, Bitwise 10 Crypto Index Fund, Bitwise Asset Management, Inc., Bitwise Investment Advisors, LLC..(Baumstein, Douglas) |
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| Friday, October 18, 2024 | ||
| 7 | 7
notice
Notice of Appearance
Fri 10/18 11:32 AM
NOTICE OF APPEARANCE by Andrew S. Lewner on behalf of Vandelay Industries AM LLC, Vandelay Industries KM LLC, Vandelay Industries TM LLC..(Lewner, Andrew) |
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| Wednesday, October 09, 2024 | ||
| 6 | 6
2
pgs
order
Order on Motion for Extension of Time
Wed 10/09 1:17 PM
ORDER granting5 Letter Motion for Extension of Time Application GRANTED. Defendants shall respond to the Verified Amended Complaint by November 12, 2024. The Clerk of Court is directed to terminate ECF No. 5. Pursuant to Rule 6.B of the Court's Individual Rules and Practices in Civil Cases, "[c]ounsel for all parties must filenotices of appearance in this Court promptly upon removal." See also R. 1.A ("Counsel must register promptly as ECFfilers and enter an appearance in the case."). Counsel for Plaintiffs shall enter an appearance forthwith.SO ORDERED.. (Signed by Judge Jennifer H. Rearden on 10/9/2024) (jca) |
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| Tuesday, October 08, 2024 | ||
| 5 | 5
motion
Extension of Time
Tue 10/08 3:03 PM
LETTER MOTION for Extension of Time for Defendants to respond to the Verified Amended Complaint addressed to Judge Jennifer H. Rearden from Douglas P. Baumstein dated October 8, 2024. Document filed by Bitwise 10 Crypto Index Fund, Bitwise Asset Management, Inc., Bitwise Hold 10 Private Index Fund, LLC, Bitwise Investment Advisors, LLC, James Farrell, Teddy Fusaro, Hunter Horsley, Matt Hougan..(Baumstein, Douglas) |
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| Monday, October 07, 2024 | ||
| 4 | 4
misc
Rule 7.1 Corporate Disclosure Statement
Mon 10/07 9:25 AM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent BITWISE ASSETMANAGEMENT, INC. for BITWISE 10 CRYPTO INDEX FUND, BITWISE 10 CRYPTO INDEX FUND, BITWISE ASSET MANAGEMENT, INC., BITWISE HOLD 10 PRIVATE INDEX FUND, LLC, BITWISE INVESTMENT ADVISORS, LLC. Document filed by BITWISE 10 CRYPTO INDEX FUND, BITWISE ASSET MANAGEMENT, INC., BITWISE HOLD 10 PRIVATE INDEX FUND, LLC, BITWISE INVESTMENT ADVISORS, LLC, JAMES FARRELL, TEDDY FUSARO, HUNTER HORSLEY, MATT HOUGAN..(Baumstein, Douglas) |
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| 3 | 3
notice
Notice of Removal
Mon 10/07 9:19 AM
NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 653436/2024..Document filed by MATT HOUGAN, BITWISE ASSET MANAGEMENT, INC., BITWISE INVESTMENT ADVISORS, LLC, TEDDY FUSARO, BITWISE 10 CRYPTO INDEX FUND, BITWISE HOLD 10 PRIVATE INDEX FUND, LLC, JAMES FARRELL, HUNTER HORSLEY..(Baumstein, Douglas) |
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Att: 1
Exhibit -1-New York County Supreme Court Record
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notice
Case Opening Initial Assignment Notice
Mon 10/07 12:35 PM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer H. Rearden. Please download and review the Individual Practices of the assigned District Judge, located at[LINK: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[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(jgo) |
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utility
Case Designation
Mon 10/07 12:36 PM
Magistrate Judge Barbara C. Moses 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:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (jgo) |
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utility
Case Designated ECF
Mon 10/07 12:36 PM
Case Designated ECF. (jgo) |
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misc
Notice to Attorney Regarding Case Opening Statistical Error Correction
Mon 10/07 12:37 PM
***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Douglas P. Baumstein. The following case opening statistical information was erroneously selected/entered: Origin code 1 (Original Proceeding);. The following correction(s) have been made to your case entry: the Origin code has been modified to 2 ;. (jgo) |
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misc
Notice to Attorney Regarding Party Modification
Mon 10/07 12:38 PM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Douglas P. Baumstein. The party information for the following party/parties has been modified: BITWISE 10 CRYPTO INDEX FUND; BITWISE ASSET MANAGEMENT, INC.; BITWISE 10 CRYPTO INDEX FUND; BITWISE INVESTMENT ADVISORS, LLC; HUNTER HORSLEY; MATT HOUGAN; TEDDY FUSARO; JAMES FARRELL. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (jgo) |
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| Friday, October 04, 2024 | ||
| 2 | 2
misc
Civil Cover Sheet
Fri 10/04 6:24 PM
CIVIL COVER SHEET filed..(Baumstein, Douglas) |
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| 1 | 1
notice
Notice of Removal
Fri 10/04 5:58 PM
NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 653436/2024. (Filing Fee $ 405.00, Receipt Number ANYSDC-29994695).Document filed by Vandelay Industries AM LLC, Vandelay Industries KM LLC, Vandelay Industries TM LLC..(Baumstein, Douglas) |
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Att: 1
Exhibit -1-New York County Supreme Court Record
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