Clarke et al v. Chow et al
| New York Southern District Court | |
| Judge: | Jennifer L Rochon |
| Case #: | 1:25-cv-03268 |
| Nature of Suit | 850 Other Statutes - Securities/Commodities/Exchange |
| Cause | 15:77 Securities Fraud |
| Case Filed: | Apr 19, 2025 |
| Terminated: | Jul 31, 2025 |
| Last checked: Thursday Oct 16, 2025 3:17 AM EDT |
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Defendant
Benjamin Chow
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Represented By
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Defendant
Charles Thomas Davis
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Defendant
Gideon Davis
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Defendant
Hayden Davis
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Defendant
Kelsier Labs, LLC
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Defendant
Meteora
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Lead Plaintiff
Jonathan Clarke
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Represented By
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Lead Plaintiff
Rodrigo Ferreira Da Cruz Vogt
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Represented By
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| Docket last updated: 08/05/2026 11:59 PM EDT |
| Wednesday, July 30, 2025 | ||
| 37 | 37
2
pgs
notice
Notice of Voluntary Dismissal
Wed 07/30 12:04 AM
NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Benjamin Chow, Charles Thomas Davis, Gideon Davis, Hayden Davis, Kelsier Labs, LLC, Meteora. Document filed by Jonathan Clarke, Rodrigo Ferreira Da Cruz Vogt. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Burwick, Max) |
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| Tuesday, July 15, 2025 | ||
| 36 | 36
6
pgs
order
Memorandum & Opinion
Tue 07/15 3:46 PM
MEMORANDUM OPINION AND ORDER re:35 LETTER MOTION to Adjourn Conference scheduled for July 17, 2025 addressed to Judge Jennifer L. Rochon from Margaret B. Hoppin dated July 14, 2025. filed by Rodrigo Ferreira Da Cruz Vogt, Jonathan Clarke,28 MOTION to Appoint Anuj Mehta to serve as lead plaintiff(s) . MOTION to Appoint Counsel . filed by Rodrigo Ferreira Da Cruz Vogt, Jonathan Clarke. Accordingly, Movant's motion for appointment as lead plaintiff and approval of lead counsel is GRANTED. Because there have been no motions for consolidation and the instant motion was unopposed and suitable for resolution on the papers, Plaintiffs request that the conference currently scheduled for July 17, 2025, be adjourned sine die is GRANTED. The Clerk of Court is respectfully directed to terminate Dkts. 28 and 35. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 7/15/2025) (jca) |
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| Monday, July 14, 2025 | ||
| 35 | 35
motion
Adjourn Conference
Mon 07/14 4:35 PM
LETTER MOTION to Adjourn Conference scheduled for July 17, 2025 addressed to Judge Jennifer L. Rochon from Margaret B. Hoppin dated July 14, 2025. Document filed by Jonathan Clarke, Rodrigo Ferreira Da Cruz Vogt..(Hoppin, Margaret) |
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| Wednesday, July 02, 2025 | ||
| 34 | 34
service
Affidavit of Service Complaints
Wed 07/02 7:02 PM
AFFIDAVIT OF SERVICE of Summons and Complaint,. Kelsier Labs, LLC served on 6/27/2025, answer due 7/18/2025. Service was accepted by Texas Secretary of State. Document filed by Jonathan Clarke; Rodrigo Ferreira Da Cruz Vogt..(Molder, Joshua) |
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| Wednesday, June 25, 2025 | ||
| 33 | 33
2
pgs
order
Order on Motion to Appear Pro Hac Vice
Wed 06/25 1:14 PM
ORDER FOR ADMISSION PRO HAC VICE granting32 Motion to Appear Pro Hac Vice. The motion of Joshua S. Molder, for admission to practice pro hac vice in the above captioned action is granted.. (Signed by Judge Jennifer L. Rochon on 6/25/2025) (jca) |
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| Tuesday, June 24, 2025 | ||
| 32 | 32
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pgs
motion
Appear Pro Hac Vice
Tue 06/24 4:12 PM
MOTION for Joshua S Molder to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-31281597. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Jonathan Clarke, Rodrigo Ferreira Da Cruz Vogt..(Molder, Joshua) |
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Att: 1
Affidavit Affidavit of Joshua S Molder,
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Att: 2
Exhibit Certificate of Good Standing,
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Att: 3
Proposed Order Proposed Order Granting PHV Admission
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misc
Notice to Court Regarding Proposed Order
Tue 06/24 10:08 AM
***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 31 Proposed Order was reviewed and approved as to form. (nd) |
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misc
Notice Regarding Pro Hac Vice Motion
Tue 06/24 4:59 PM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 32 MOTION for Joshua S Molder to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-31281597. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc) |
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| Monday, June 23, 2025 | ||
| 31 | 31
1
pgs
misc
Proposed Order
Mon 06/23 9:28 PM
PROPOSED ORDER. Document filed by Jonathan Clarke, Rodrigo Ferreira Da Cruz Vogt. Related Document Number:28 ..(Hoppin, Margaret) Proposed Order to be reviewed by Clerk's Office staff. |
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| 30 | 30
3
pgs
respm
Declaration in Support of Motion
Mon 06/23 9:25 PM
DECLARATION of Margaret B. Hoppin in Support re:28 MOTION to Appoint Anuj Mehta to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Jonathan Clarke, Rodrigo Ferreira Da Cruz Vogt..(Hoppin, Margaret) |
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Att: 1
2 pgs
Exhibit A - PSLRA Notice,
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Att: 2
Exhibit B - Mehta Certification,
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Att: 3
Exhibit C - Burwick Law Resume,
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Att: 4
Exhibit D - Hoppin Grinsell Resume
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| 29 | 29
19
pgs
respm
Memorandum of Law in Support of Motion
Mon 06/23 9:22 PM
MEMORANDUM OF LAW in Support re:28 MOTION to Appoint Anuj Mehta to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by Jonathan Clarke, Rodrigo Ferreira Da Cruz Vogt..(Hoppin, Margaret) |
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| 28 | 28
motion
Appoint Lead Plaintiff(s) Appoint Counsel
Mon 06/23 9:20 PM
MOTION to Appoint Anuj Mehta to serve as lead plaintiff(s) ., MOTION to Appoint Counsel . Document filed by Jonathan Clarke, Rodrigo Ferreira Da Cruz Vogt..(Hoppin, Margaret) |
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| Friday, June 20, 2025 | ||
| 27 | 27
1
pgs
notice
Notice of Appearance
Fri 06/20 8:38 PM
NOTICE OF APPEARANCE by Timothy Wood Grinsell on behalf of Jonathan Clarke, Rodrigo Ferreira Da Cruz Vogt..(Grinsell, Timothy) |
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| Tuesday, June 10, 2025 | ||
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misc
Notice Regarding Deleted Document
Tue 06/10 3:24 PM
***DELETED DOCUMENT. Deleted document number 27 CERTIFICATE OF GOOD STANDING REQUEST. Request for Certificate of Good Standing for attorney Max Lloyd Burwick Admitted on 5/27/2025 SDNY Bar ID Number 5312954. Certificate of Good Standing to be emailed. (Filing Fee $ 21.00, Receipt Number ANYSDC-31214347)(Burwick, Max). The document was incorrectly filed in this case. (bc) |
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| Monday, June 02, 2025 | ||
| 26 | 26
1
pgs
notice
Notice of Appearance
Mon 06/02 9:33 AM
NOTICE OF APPEARANCE by Max Burwick on behalf of Jonathan Clarke, Rodrigo Ferreira Da Cruz Vogt..(Burwick, Max) |
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| Thursday, May 15, 2025 | ||
| 25 | 25
3
pgs
order
Order on Motion for Extension of Time to Answer
Thu 05/15 4:21 PM
ORDER granting24 Letter Motion for Extension of Time to Answer. Request GRANTED. The Court adopts the parties' proposed briefing schedule as set forth below. Discovery in Hurlock (25-cv-03891) shall be stayed pending resolution of the anticipated motions to dismiss. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 5/15/2025) (jca) |
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| Tuesday, May 13, 2025 | ||
| 24 | 24
3
pgs
motion
Extension of Time to File Answer
Tue 05/13 6:16 PM
CONSENT LETTER MOTION for Extension of Time to File Answer re:4 Complaint, And to Adopt Proposed Schedule addressed to Judge Jennifer L. Rochon from Sheila C. Ramesh dated May 13, 2025. Document filed by Benjamin Chow..(Ramesh, Sheila) |
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| 23 | 23
1
pgs
notice
Notice of Appearance
Tue 05/13 6:07 PM
NOTICE OF APPEARANCE by Gregory Stephen Mortenson on behalf of Benjamin Chow..(Mortenson, Gregory) |
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| 22 | 22
1
pgs
notice
Notice of Appearance
Tue 05/13 6:01 PM
NOTICE OF APPEARANCE by Edward Nathaniel Moss on behalf of Benjamin Chow..(Moss, Edward) |
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| 21 | 21
1
pgs
notice
Notice of Appearance
Tue 05/13 5:59 PM
NOTICE OF APPEARANCE by Sheila Chithran Ramesh on behalf of Benjamin Chow..(Ramesh, Sheila) |
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| 20 | 20
1
pgs
notice
Notice of Appearance
Tue 05/13 5:54 PM
NOTICE OF APPEARANCE by Samson Aaron Enzer on behalf of Benjamin Chow..(Enzer, Samson) |
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| Friday, April 25, 2025 | ||
| 19 | 19
2
pgs
order
Order ~Util - Set Deadlines/Hearings
Fri 04/25 5:28 PM
ORDER re:4 Complaint, filed by Rodrigo Ferreira Da Cruz Vogt, Jonathan Clarke. On April 19, 2025, Plaintiffs initiated a putative class action on behalf of all investors that purchased $M3M3 Tokens between December 4, 2024, and April 19, 2025. The Complaint, filed on April 21, 2025, alleges violations of Sections 5, 12(a)(1), and 15 of the Securities Act of 1933, and Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder. See generally Dkt. 4. Section 78u-4(a)(3)(A) of the Private Securities Litigation Reform Act (PSLRA), 15 U.S.C. § 78u-4(a)(3)(A), requires that: Not later than 20 days after the date on which the complaint is filed, the plaintiff or plaintiffs shall cause to be published, in a widely circulated national business-oriented publication or wire service, a notice advising members of the purported plaintiff class-(I) of the pendency of the action, the claims asserted therein, and the purported class period; and (II) that, not later than 60 days after the date on which the notice is published, any member of the purported class may move the court to serve as lead plaintiff of the purported class. 15 U.S.C. § 78u-4(a)(3)(A)(i). On April 24, 2025, the Court was informed that such notice was published on April 22, 2025. Dkt. 18. The PSLRA also requires that no later than ninety (90) days after the date on which notice is published, the Court shall consider any motion made by a purported class member in response to the notice, and shall appoint as lead plaintiff the member or members of the purported plaintiff class that the Court determines to be most capable of adequately representing the interests of the class members. See id. § 78u-4(a)(3)(B)(i). In the event that more than one action on behalf of a class asserting substantially the same claim or claims has been filed, and any party has sought to consolidate those actions for pretrial purposes or for trial, the Court shall not appoint a lead plaintiff until after a decision on the motion to consolidate is rendered. See id. § 78u-4(a)(3) (B)(ii). Members of the purported class therefore have until sixty (60) days from Plaintiffs filing of the required notice that is, no later than June 23, 2025 to move the Court to serve as lead plaintiffs. Opposition to any motion for appointment of lead plaintiff shall be served and filed by July 7, 2025. Accordingly it is hereby: ORDERED that a conference shall be held on July 17, 2025, at 12:00 p.m. in Courtroom 20B of the United States Courthouse, 500 Pearl Street, New York, New York 10007 to consider any motions for appointment of lead plaintiff and lead counsel and for consolidation. IT IS FURTHER ORDERED that Plaintiffs shall promptly serve a copy of this Order on ea ch of the Defendants. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 4/25/2025) (Motions due by 6/23/2025., Responses due by 7/7/2025, Status Conference set for 7/17/2025 at 12:00 PM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge Jennifer L. Rochon.) (ar) |
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| Thursday, April 24, 2025 | ||
| 18 | 18
2
pgs
notice
Notice (Other)
Thu 04/24 3:02 PM
NOTICE of publication of PSLRA notice re:17 Order,,,,. Document filed by Jonathan Clarke, Rodrigo Ferreira Da Cruz Vogt..(Hoppin, Margaret) |
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Att: 1
Exhibit PSLRA Notice
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| Tuesday, April 22, 2025 | ||
| 17 | 17
1
pgs
order
Order
Tue 04/22 4:04 PM
ORDER REGARDING NOTICE TO PURPORTED PLAINTIFF CLASS MEMBERS: On April 19, 2025, Plaintiffs initiated a putative class action on behalf of all investors that purchased $M3M3 Tokens between December 4, 2024, and April 19, 2025. The Complaint, filed on April 21, 2025, alleges violations of Sections 5, 12(a)(1), and 15 of the Securities Act of 1933, and Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder. See generally Dkt. 4. Section 78u-4(a)(3)(A) of the Private Securities Litigation Reform Act requires that "[n]ot later than 20 days after the date on which the complaint is filed, the plaintiff or plaintiffs shall cause to be published, in a widely circulated national business-oriented publication or wire service, a notice advising members of the purported plaintiff class... of the pendency of the action, the claims asserted therein, and the purported class period." 15 U.S.C. § 78u-4(a)(3)(A)(i) (emphasis added). IT IS HEREBY ORDERED that no later than May 14, 2025, Plaintiffs shall advise the Court in writing of the date and manner in which it published this notice. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 4/22/2025) (tg) |
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2
pgs
service
Summons Issued
Tue 04/22 3:06 PM
ELECTRONIC SUMMONS ISSUED as to Hayden Davis. (vf) |
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| 15 | 15
2
pgs
service
Summons Issued
Tue 04/22 2:51 PM
ELECTRONIC SUMMONS ISSUED as to Charles Thomas Davis. (vf) |
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| 14 | 14
2
pgs
service
Summons Issued
Tue 04/22 2:50 PM
ELECTRONIC SUMMONS ISSUED as to Gideon Davis. (vf) |
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| 13 | 13
2
pgs
service
Summons Issued
Tue 04/22 2:50 PM
ELECTRONIC SUMMONS ISSUED as to Kelsier Labs, LLC. (vf) |
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| 12 | 12
2
pgs
service
Summons Issued
Tue 04/22 2:49 PM
ELECTRONIC SUMMONS ISSUED as to Meteora. (vf) |
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| 11 | 11
2
pgs
service
Summons Issued
Tue 04/22 2:49 PM
ELECTRONIC SUMMONS ISSUED as to Benjamin Chow. (vf) |
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| Monday, April 21, 2025 | ||
| 10 | 10
2
pgs
service
Request for Issuance of Summons
Mon 04/21 3:25 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Charles Thomas Davis, re:4 Complaint,. Document filed by Jonathan Clarke, Rodrigo Ferreira Da Cruz Vogt..(Hoppin, Margaret) |
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| 9 | 9
2
pgs
service
Request for Issuance of Summons
Mon 04/21 3:24 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Gideon Davis, re:4 Complaint,. Document filed by Jonathan Clarke, Rodrigo Ferreira Da Cruz Vogt..(Hoppin, Margaret) |
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| 8 | 8
2
pgs
service
Request for Issuance of Summons
Mon 04/21 3:23 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Kelsier Labs, re:4 Complaint,. Document filed by Jonathan Clarke, Rodrigo Ferreira Da Cruz Vogt..(Hoppin, Margaret) |
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| 7 | 7
2
pgs
service
Request for Issuance of Summons
Mon 04/21 3:22 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Hayden Davis, re:4 Complaint,. Document filed by Jonathan Clarke, Rodrigo Ferreira Da Cruz Vogt..(Hoppin, Margaret) |
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| 6 | 6
2
pgs
service
Request for Issuance of Summons
Mon 04/21 3:21 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Meteora, re:4 Complaint,. Document filed by Jonathan Clarke, Rodrigo Ferreira Da Cruz Vogt..(Hoppin, Margaret) |
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| 5 | 5
2
pgs
service
Request for Issuance of Summons
Mon 04/21 3:21 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Benjamin Chow, re:4 Complaint,. Document filed by Jonathan Clarke, Rodrigo Ferreira Da Cruz Vogt..(Hoppin, Margaret) |
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| 4 | 4
45
pgs
cmp
Complaint
Mon 04/21 11:59 AM
COMPLAINT against Benjamin Chow, Charles Thomas Davis, Gideon Davis, Hayden Davis, Kelsier Labs, LLC, Meteora. Document filed by Jonathan Clarke, Rodrigo Ferreira Da Cruz Vogt..(Hoppin, Margaret) |
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Att: 1
Affidavit PSLRA Certification (Clarke),
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Att: 2
Affidavit PSLRA Certification (Vogt)
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misc
Notice to Attorney Regarding Deficient Pleading
Mon 04/21 11:44 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Margaret Hoppin to RE-FILE Document No. 1 Complaint. The filing is deficient for the following reason(s): the All Defendant radio button was selected; all of the filers were not selected for the pleading; the pleading was not properly signed by the attorney. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo) |
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misc
Notice to Attorney Regarding Case Opening Statistical Error Correction
Mon 04/21 11:45 AM
***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Margaret Hoppin. The following case opening statistical information was erroneously selected/entered: Dollar Demand None; County code New York;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $9,999,000; the County code has been modified to XX Out of State;. (jgo) |
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misc
Notice to Attorney Regarding Party Modification
Mon 04/21 11:47 AM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Margaret Hoppin. The party information for the following party/parties has been modified: RODRIGO FERREIRA DA CRUZ VOGT; JONATHAN CLARKE; Kelsier Labs, LLC. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted; alias party name was omitted;. (jgo) |
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notice
Case Opening Initial Assignment Notice
Mon 04/21 11:48 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer L. Rochon. 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 04/21 11:50 AM
Magistrate Judge Valerie Figueredo 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 04/21 11:50 AM
Case Designated ECF. (jgo) |
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| Sunday, April 20, 2025 | ||
| 3 | 3
notice
Notice of Appearance
Sun 04/20 4:20 PM
NOTICE OF APPEARANCE by Margaret Hoppin on behalf of JONATHAN CLARKE, RODRIGO FERREIRA DA CRUZ VOGT..(Hoppin, Margaret) |
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| Saturday, April 19, 2025 | ||
| 2 | 2
misc
Civil Cover Sheet
Sat 04/19 6:58 PM
CIVIL COVER SHEET filed..(Hoppin, Margaret) |
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| 1 | 1
45
pgs
cmp
Complaint
Sat 04/19 6:53 PM
COMPLAINT against All Defendants. (Filing Fee $ 405.00, Receipt Number ANYSDC-30957195)Document filed by JONATHAN CLARKE..(Hoppin, Margaret) |
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Att: 1
Affidavit PSLRA Certification,
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Att: 2
Affidavit PSLRA Certification
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