Murphy et al v. Phantom Technologies, Inc. et al
| New York Southern District Court | |
| Judge: | Margaret M Garnett |
| Case #: | 1:25-cv-03060 |
| Nature of Suit | 850 Other Statutes - Securities/Commodities/Exchange |
| Cause | 7:25 Fraud - Commodities Leverage Contracts |
| Case Filed: | Apr 14, 2025 |
| Last checked: Saturday Oct 11, 2025 3:33 AM EDT |
|
Defendant
Michal Ireneusz Ryduchowski
|
|
|
Defendant
Aux Cayes Fintech Co. LTD.
|
|
|
Defendant
Phantom Technologies, Inc.
|
Represented By
|
|
Plaintiff
Alex Perry
|
Represented By
|
|
Plaintiff
Charles Sustaita
|
Represented By
|
|
Plaintiff
Gabrielle Reed
|
Represented By
|
|
Plaintiff
Walker Post
|
Represented By
|
|
Plaintiff
Trevor Perry
|
Represented By
|
|
Plaintiff
Jeffrey Allton
|
Represented By
|
|
Plaintiff
Thomas Liam Murphy
|
Represented By
|
|
Plaintiff
Graham Murphy
|
Represented By
|
|
Plaintiff
Joy Morgan
|
Represented By
|
|
Plaintiff
Dr. James Morgan
|
Represented By
|
|
Plaintiff
Mark Miranda
|
Represented By
|
|
Plaintiff
Traviis Massengale
|
Represented By
|
|
Plaintiff
Sara Jessica-Dilks
|
Represented By
|
|
Plaintiff
Cassidy Hooper
|
Represented By
|
| Docket last updated: 02/18/2026 11:59 PM EST |
| Friday, August 22, 2025 | ||
| 38 | 38
REPLY MEMORANDUM OF LAW in Support re:31 MOTION to Compel Arbitration and otherwise Dismiss the Amended Complaint . . Document filed by Phantom Technologies, Inc...(Gottlieb, Jason) |
|
| Friday, August 08, 2025 | ||
| 37 | 37
MEMORANDUM OF LAW in Opposition re:31 MOTION to Compel Arbitration and otherwise Dismiss the Amended Complaint . . Document filed by Jeffrey Allton, Cassidy Hooper, Sara Jessica-Dilks, Traviis Massengale, Mark Miranda, James Morgan, Joy Morgan, Graham Murphy, Thomas Liam Murphy, Alex Perry, Trevor Perry, Walker Post, Gabrielle Reed, Charles Sustaita..(Murphy, Thomas) |
|
| 36 | 36
REPLY MEMORANDUM OF LAW in Support re:19 MOTION to Disqualify Counsel . . Document filed by Phantom Technologies, Inc...(Gottlieb, Jason) |
|
| 35 | 35
FILING ERROR - DEFICIENT DOCKET ENTRY - WRONG ATTORNEY LOGIN - (SEE DOCUMENT#36) REPLY MEMORANDUM OF LAW in Support re:19 MOTION to Disqualify Counsel . . Document filed by Phantom Technologies, Inc...(Mix, Michael) Modified on 8/8/2025 (lb) |
|
| Friday, July 25, 2025 | ||
| 34 | 34
MEMORANDUM OF LAW in Opposition re:19 MOTION to Disqualify Counsel . . Document filed by Jeffrey Allton, Cassidy Hooper, Sara Jessica-Dilks, Traviis Massengale, Mark Miranda, James Morgan, Joy Morgan, Graham Murphy, Thomas Liam Murphy, Alex Perry, Trevor Perry, Walker Post, Gabrielle Reed, Charles Sustaita..(Murphy, Thomas) |
|
| Wednesday, July 23, 2025 | ||
| 33 | 33
MEMORANDUM OF LAW in Support re:31 MOTION to Compel Arbitration and otherwise Dismiss the Amended Complaint . . Document filed by Phantom Technologies, Inc...(Gottlieb, Jason) |
|
| 32 | 32
DECLARATION of Francesco Agosti in Support re:31 MOTION to Compel Arbitration and otherwise Dismiss the Amended Complaint .. Document filed by Phantom Technologies, Inc...(Gottlieb, Jason) |
|
|
Att: 1
|
||
|
Att: 2
|
||
| 31 | 31
MOTION to Compel Arbitration and otherwise Dismiss the Amended Complaint . Document filed by Phantom Technologies, Inc...(Gottlieb, Jason) |
|
| Wednesday, July 09, 2025 | ||
| 30 | 30
order
Order on Motion to Compel Arbitration Order on Motion to Dismiss
Wed 07/09 6:07 PM
ORDER denying as moot16 Motion to Compel Arbitration; denying as moot16 Motion to Dismiss: Plaintiffs filed a purported amended complaint on July 7, 2025 (see Dkt. No. 25), more than 21 days after service of the original complaint and more than 21 days after service of a Rule 12 motion. As such, absent consent of the opposing parties, the Federal Rules of Civil Procedure would require Plaintiffs to seek leave prior to filing their amended complaint. See Fed. R. Civ. P. 15(a). The Court's Individual Rules permit the filing of an amended complaint without leave in response to a motion to dismiss, so it is possible that Plaintiffs' counsel was confused about the operative deadline for filing an amended complaint as of right, although the Court's prior order did not explicitly extend this time. See Dkt. No. 12. While the Court would be likely to grant leave to amend at this early stage in any case, Plaintiffs' counsel is reminded to strictly comply with the Federal Rules of Civil Procedure, the Local Rules of this District, and the Individual Rules & Practices of this Court. In the interest of judicial economy, the Court hereby grants leave to amend sua sponte, and the Clerk of Court is directed to accept Dkt. No. 25 as the First Amended Complaint. Phantom's Motion to Compel Arbitration and Motion to Dismiss (Dkt. No. 16) is DENIED without prejudice as moot. By July 23, 2025, Phantom shall (i) answer the First Amended Complaint; (ii) file a new or supplemental motion; or (iii) submit a letter on ECF stating that it relies on its previously filed motion and accompanying memorandum of law. In the event Phantom renews or supplements its motions, any opposition is due by August 8, 2025, and any reply is due by August 22, 2025. As to the pending Motion to Disqualify Counsel (see Dkt. No. 19), any opposition is due by July 25, 2025, and any reply is due by August 8, 2025. The stay of discovery in this case remains in effect (see Dkt. No. 22). (HEREBY ORDERED by Judge Margaret M. Garnett)(Text Only Order) (Garnett, Margaret) |
|
| 29 | 29
ELECTRONIC SUMMONS ISSUED as to Michal Ireneusz Ryduchowski. (vf) |
|
| Tuesday, July 08, 2025 | ||
| 28 | 28
REQUEST FOR ISSUANCE OF SUMMONS as to Michal Ireneusz Ryduchowski, re:25 Amended Complaint,. Document filed by Jeffrey Allton, Cassidy Hooper, Sara Jessica-Dilks, Traviis Massengale, Mark Miranda, James Morgan, Joy Morgan, Graham Murphy, Thomas Liam Murphy, Alex Perry, Trevor Perry, Walker Post, Gabrielle Reed, Charles Sustaita..(Murphy, Thomas) |
|
| 27 | 27
LETTER addressed to Judge Margaret M. Garnett from Liam Murphy on behalf of Plaintiffs dated July 8, 2025 re: Response to Phantom's Request for Default on Disqualification Motion. Document filed by Jeffrey Allton, Cassidy Hooper, Sara Jessica-Dilks, Traviis Massengale, Mark Miranda, James Morgan, Joy Morgan, Graham Murphy, Thomas Liam Murphy, Alex Perry, Trevor Perry, Walker Post, Gabrielle Reed, Charles Sustaita..(Murphy, Thomas) |
|
| Monday, July 07, 2025 | ||
| 26 | 26
LETTER addressed to Judge Margaret M. Garnett from Jason Gottlieb dated July 7, 2025 re: Phantom's Motion to Disqualify (ECF No. 19). Document filed by Phantom Technologies, Inc...(Gottlieb, Jason) |
|
| 25 | 25
FIRST AMENDED COMPLAINT amending1 Complaint, against Phantom Technologies, Inc., Michal Ireneusz Ryduchowski with JURY DEMAND.Document filed by Sara Jessica-Dilks, Joy Morgan, Mark Miranda, Thomas Liam Murphy, Traviis Massengale, Trevor Perry, Gabrielle Reed, James Morgan, Cassidy Hooper, Jeffrey Allton, Graham Murphy, Alex Perry, Walker Post, Charles Sustaita. Related document:1 Complaint,..(Murphy, Thomas) |
|
|
Att: 1
|
||
| Wednesday, June 25, 2025 | ||
| 24 | 24
ELECTRONIC SUMMONS ISSUED as to Aux Cayes Fintech Co. LTD...(pc) |
|
| Tuesday, June 24, 2025 | ||
| 23 | 23
REQUEST FOR ISSUANCE OF SUMMONS as to Aux Cayes Fintech Co. Ltd. d/b/a "OKX", re:1 Complaint,. Document filed by Jeffrey Allton, Cassidy Hooper, Sara Jessica-Dilks, Traviis Massengale, Mark Miranda, James Morgan, Joy Morgan, Graham Murphy, Thomas Liam Murphy, Alex Perry, Trevor Perry, Walker Post, Gabrielle Reed, Charles Sustaita..(Murphy, Thomas) |
|
| Monday, June 23, 2025 | ||
| 22 | 22
ORDER: The Initial Pretrial Conference previously scheduled for June 25, 2025, is adjourned sine die. Discovery shall be stayed pending resolution of the Motion to Compel Arbitration filed by Defendant Phantom Technologies, Inc. (see Dkt. No. 16). After resolution of that motion, the Court will set a new date for an Initial Pretrial Conference, if necessary, to address the parties' proposed Civil Case Management Plan and other matters appropriate for such a conference. Regarding Defendant Aux Cayes Fintech Co. LTD, the docket in this case does not indicate that a summons was ever requested by Plaintiffs for this Defendant. Plaintiffs are hereby ORDERED to request a summons for this Defendant by no later than June 30, 2025, and, if and when a summons is issued, take all necessary steps to properly serve the summons and complaint, or properly request a waiver of service in accordance with Rule 4 of the Federal Rules of Civil Procedure. If Defendant Aux Cayes Fintech Co. LTD has not been properly served, or waived service, by July 14, 2025, Plaintiffs must file a letter on ECF requesting an extension of time and showing good cause for such extension. See Fed. R. Civ. P. 4(m). If these steps are not taken, or if good cause for extension of time is not shown, the Court may dismiss this action against Defendant Aux Cayes Fintech Co. LTD for failure to prosecute, without further notice to any party. SO ORDERED. (Signed by Judge Margaret M. Garnett on 6/23/2025) (tg) |
|
| Wednesday, June 18, 2025 | ||
| 21 | 21
JOINT LETTER addressed to Judge Margaret M. Garnett from Liam Murphy on behalf of Plaintiffs dated June 18, 2025 re: Joint Initial Conference Letter. Document filed by Jeffrey Allton, Cassidy Hooper, Sara Jessica-Dilks, Traviis Massengale, Mark Miranda, James Morgan, Joy Morgan, Graham Murphy, Thomas Liam Murphy, Alex Perry, Trevor Perry, Walker Post, Gabrielle Reed, Charles Sustaita..(Murphy, Thomas) |
|
|
Att: 1
|
||
|
Att: 2
|
||
| Monday, June 16, 2025 | ||
| 20 | 20
MEMORANDUM OF LAW in Support re:19 MOTION to Disqualify Counsel . . Document filed by Phantom Technologies, Inc...(Gottlieb, Jason) |
|
| 19 | 19
MOTION to Disqualify Counsel . Document filed by Phantom Technologies, Inc...(Gottlieb, Jason) |
|
| 18 | 18
MEMORANDUM OF LAW in Support re:16 MOTION to Compel Arbitration . MOTION to Dismiss . . Document filed by Phantom Technologies, Inc...(Gottlieb, Jason) |
|
| 17 | 17
DECLARATION of Francesco Agosti in Support re:16 MOTION to Compel Arbitration . MOTION to Dismiss .. Document filed by Phantom Technologies, Inc...(Gottlieb, Jason) |
|
|
Att: 1
|
||
|
Att: 2
|
||
| 16 | 16
MOTION to Compel Arbitration ., MOTION to Dismiss . Document filed by Phantom Technologies, Inc...(Gottlieb, Jason) |
|
| Tuesday, June 10, 2025 | ||
| 15 | 15
AFFIDAVIT OF SERVICE of Summons and Complaint,. Phantom Technologies, Inc. served on 4/16/2025, answer due 6/16/2025. Document filed by Sara Jessica-Dilks; Joy Morgan; Mark Miranda; Thomas Liam Murphy; Traviis Massengale; Trevor Perry; Gabrielle Reed; James Morgan; Cassidy Hooper; Jeffrey Allton; Graham Murphy; Alex Perry; Walker Post; Charles Sustaita..(Murphy, Thomas) |
|
| Thursday, May 15, 2025 | ||
| 14 | 14
LETTER addressed to Judge Margaret M. Garnett from Alexander C. Drylewski dated May 15, 2025 re: Representation and Initial Conference. Document filed by Aux Cayes Fintech Co. LTD...(Drylewski, Alexander) |
|
| Friday, May 02, 2025 | ||
| 13 | 13
LETTER addressed to Judge Margaret M. Garnett from Jason Gottlieb dated May 2, 2025 re: confirmation of compliance with the April 30, 2025 Notice of Initial Pretrial Conference. Document filed by Phantom Technologies, Inc...(Gottlieb, Jason) |
|
| Wednesday, April 30, 2025 | ||
| 12 | 12
ORDER granting in part9 Letter Motion for Extension of Time. GRANTED in part. The Court has considered the request and Plaintiffs' opposition letter and finds good cause for the requested extension. The deadline for Phantom to answer or otherwise respond to the Complaint is extended to June 16, 2025. If Phantom files its contemplated motion to compel arbitration and dismiss the Complaint, any opposition is due by July 25, 2025, and any reply is due by August 8, 2025, or two weeks after the opposition brief is filed, whichever is earlier. The opening and opposition briefs may not exceed 10,000 words, and any reply may not exceed 4,000 words. SO ORDERED. Motions due by 6/16/2025. (Signed by Judge Margaret M. Garnett on 4/30/2025) (mml) |
|
| 11 | 11
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 6/25/2025 at 02:30 PM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Margaret M. Garnett. (Signed by Judge Margaret M. Garnett on 4/30/2025) (mml) |
|
|
utility
Set/Reset Deadlines
Wed 04/30 1:41 PM
Set/Reset Deadlines: Phantom Technologies, Inc. answer due 6/16/2025. Responses due by 7/25/2025 Replies due by 8/8/2025. (mml) |
||
| Tuesday, April 22, 2025 | ||
| 10 | 10
LETTER RESPONSE in Opposition to Motion addressed to Judge Margaret M. Garnett from Liam Murphy dated April 22, 2025 re:9 LETTER MOTION for Extension of Time until June 16, 2025 for Phantom to respond to Plaintiffs' Complaint and for permission to exceed the word limit by 1,500 words for its memorandum of law in support of its intended motion to compel arbitrati . Document filed by Jeffrey Allton, Cassidy Hooper, Sara Jessica-Dilks, Traviis Massengale, Mark Miranda, James Morgan, Joy Morgan, Graham Murphy, Thomas Liam Murphy, Alex Perry, Trevor Perry, Walker Post, Gabrielle Reed, Charles Sustaita..(Murphy, Thomas) |
|
|
Att: 1
|
||
|
Att: 2
|
||
|
Att: 3
|
||
| Monday, April 21, 2025 | ||
| 9 | 9
LETTER MOTION for Extension of Time until June 16, 2025 for Phantom to respond to Plaintiffs' Complaint and for permission to exceed the word limit by 1,500 words for its memorandum of law in support of its intended motion to compel arbitration and to dismiss addressed to Judge Margaret M. Garnett from Jason Gottlieb dated April 21, 2025. Document filed by Phantom Technologies, Inc...(Gottlieb, Jason) |
|
| 8 | 8
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Phantom Technologies, Inc...(Gottlieb, Jason) |
|
| 7 | 7
NOTICE OF APPEARANCE by Emma Elizabeth McGrath on behalf of Phantom Technologies, Inc...(McGrath, Emma) |
|
| 6 | 6
NOTICE OF APPEARANCE by Daniel Cahen Isaacs on behalf of Phantom Technologies, Inc...(Isaacs, Daniel) |
|
| 5 | 5
NOTICE OF APPEARANCE by Jason P. Gottlieb on behalf of Phantom Technologies, Inc...(Gottlieb, Jason) |
|
| Wednesday, April 16, 2025 | ||
| 4 | 4
ELECTRONIC SUMMONS ISSUED as to Phantom Technologies, Inc...(pc) |
|
| Tuesday, April 15, 2025 | ||
| 3 | 3
REQUEST FOR ISSUANCE OF SUMMONS as to Phantom Technologies, Inc., re:1 Complaint,. Document filed by Jeffrey Allton, Cassidy Hooper, Sara Jessica-Dilks, Traviis Massengale, Mark Miranda, James Morgan, Joy Morgan, Graham Murphy, Thomas Liam Murphy, Alex Perry, Trevor Perry, Walker Post, Gabrielle Reed, Charles Sustaita..(Murphy, Thomas) |
|
|
notice
Case Opening Initial Assignment Notice
Tue 04/15 9:59 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Margaret M. Garnett. 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] ..(pc) |
||
|
utility
Case Designation
Tue 04/15 9:59 AM
Magistrate Judge Katharine H. Parker 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] . (pc) |
||
|
utility
Case Designated ECF
Tue 04/15 10:00 AM
Case Designated ECF. (pc) |
||
|
misc
Notice to Attorney Regarding Party Modification
Tue 04/15 10:00 AM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Thomas Liam Murphy. The party information for the following party/parties has been modified: AUX CAYES FINTECH CO. LTD.. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (pc) |
||
| Monday, April 14, 2025 | ||
| 2 | 2
CIVIL COVER SHEET filed..(Murphy, Thomas) |
|
| 1 | 1
COMPLAINT against AUX CAYES FINTECH CO. LTD., Phantom Technologies, Inc.. (Filing Fee $ 405.00, Receipt Number ANYSDC-30926237)Document filed by Sara Jessica-Dilks, Joy Morgan, Mark Miranda, Thomas Liam Murphy, Traviis Massengale, Trevor Perry, Gabrielle Reed, James Morgan, Cassidy Hooper, Jeffrey Allton, Graham Murphy, Alex Perry, Walker Post, Charles Sustaita..(Murphy, Thomas) |
|