Hong et al v. Block.One et al
| New York Southern District Court | |
| Judge: | Lewis A Kaplan |
| Case #: | 1:20-cv-03829 |
| Nature of Suit | 850 Other Statutes - Securities/Commodities/Exchange |
| Cause | 15:77 Securities Fraud |
| Case Filed: | May 18, 2020 |
| Terminated: | Jan 28, 2025 |
| Last checked: Saturday Nov 14, 2020 5:26 AM EST |
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Defendant
Block.One
1701 Kraft Drive
Blacksburg, VA 24060 |
Represented By
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Defendant
Brendan Blumer
1701 Kraft Drive
Blacksburg, VA 24060 |
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Defendant
Ian Grigg
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Defendant
Daniel Larimer
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Represented By
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Defendant
Brock Pierce
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Plaintiff
Crypto Assets Opportunity Fund LLC
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Represented By
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Plaintiff
Johnny Hong
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Represented By
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| Docket last updated: 02/19/2025 11:59 PM EST |
| Tuesday, January 28, 2025 | ||
| 121 | 121
8
pgs
order
Judgment
Tue 01/28 4:57 PM
FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE. IT IS HEREBY ORDERED AND ADJUDGED that: This Court has jurisdiction over the subject matter of this Action and over all Settling Parties to the Action, including all members of the Class, defined as the Settlement Class. The Court hereby certifies, for the purposes of the Settlement only, the Action as a class action pursuant to Rules 23(a) and 23(b)(3) of the Federal Rules of Civil Procedure on behalf of the Class. The Settlement Class consists of all persons or entities who, at any time during the period of June 26, 2017 through May 18, 2020, inclusive, acquired ERC-20 Tokens or EOS Tokens in a Domestic Transaction and were damaged thereby, including purchases (including over-the-counter and peer-to-peer purchases) (I) ofERC-20 Tokens or EOS Tokens on any of the following exchanges: (i) Coinbase (including Tagomi, Routefire, and Paradex); (ii) Coinbase Pro (including GDAX); (iii) Kraken; (iv) Poloniex; (v) Bittrex; (vi) Binance US; (vii) Genesis; (viii) Cumberland; (ix) FTX.US; (x) Gemini; (xi) Radar Relay; or (xii) CoinFlip; or (2) of ERC-20 Tokens or EOS Tokens where both the purchaser and seller were located in the United States at the time of the purchase; or (3) of ERC-20 Tokens made directly from Block.one during its token sale that took place from June 26, 2017 to June 1, 2018; or (4) of EOS Tokens that were verified by EOS block producers located within the United States based on publicly available information at https://eosauthority.com/producers_rank or other comparable websites. Pursuant to Rule 23 of the Federal Rules of Civil Procedure, and for the purposes of the Settlement only, the Court hereby certifies Plaintiff Crypto Assets Opportunity Fund LLC ("CAOF" or "Lead Plaintiff') as Class Representative for the Class and appoints Lead Counsel as Class Counsel for the Class. Lead Plaintiff and Lead Counsel have fairly and adequately represented the Class both in terms of litigating the Action and for purposes of entering into and implementing the Settlement and have satisfied the requirements of Federal Rules of Civil Procedure 23(a)(4) and 23(g), respectively. Pursuant to Rule 23 of the Federal Rules of Civil Procedure, the Court finds that the Settlement Agreement and the Settlement are fair, reasonable, and adequate as to the Settling Parties and the Class, the Settlement Agreement and Settlement are hereby finally approved in all respects, and the Settling Parties are hereby directed to perform its terms. Accordingly, the Court authorizes and directs implementation of all the terms and provisions of the Settlement Agreement, as well as the terms and provisions of this Judgment. The Court hereby dismisses the Action as to Defendants, and all of the Class's Released Claims with prejudice, without costs as to any of the Released Parties, except as and to the extent provided in the Settlement Agreement and in this Judgment. Upon the Effective Date, Lead Plaintiff and each of the other Class Members, on behalf of themselves and their respective executors, administrators, successors, predecessors, and assigns, and any other person or entity who has the right, ability, standing or capacity to assert, prosecute, or maintain on behalf of any Class Member any of the Class's Released Claims (or to obtain the proceeds of any recovery therefrom), shall be deemed to have, and by operation of this Judgment shall have, fully, finally, and forever released, relinquished, and discharged against the Released Defendant Parties the Class's Released Claims (including, without limitation, Unknown Claims), whether or not such Lead Plaintiff or Class Member executes and delivers a Proof of Claim and Release or shares in the Settlement Fund. Upon the Effective Date, Lead Plaintiff and Class Members shall be permanently barred and enjoined from commencing, instituting, prosecuting, maintaining or enforcing any action or other proceeding in any court of law or equity, arbitration tribunal, or administrative forum wheresoever in the world, asserting the Class's Released Claims against any of the Released Defendant Parties (including, without limitation, Unknown Claims). Upon the Effective Date, all persons shall be permanently barred and enjoined from the institution, maintenance, prosecution, or enforcement against any of the Released Defendant Parties of any claims or claims over for contribution or indemnity ( or any other claim or claim over for contribution or indemnity however denominated on whatsoever theory), arising from or related to the claims or allegations asserted by Lead Plaintiff in the Action, whether arising under state, federal or foreign law as claims, cross-claims, counterclaims, or third-party claims, in any federal or state court, or in any other court, arbitration proceeding, administrative agency, or other forum in the United States or elsewhere. The Amended Plan of Allocation comports with this Court's order dated November 13, 2024 (ECF No. 217) and is therefore found to be fair and reasonable, and is approved. Without affecting the finality of this Judgment in any way, this Court hereby retains continuing exclusive jurisdiction over: (a) implementation of this Settlement and any award or distribution of the Settlement Fund, including interest earned thereon; (b) disposition of the Settlement Fund; (c) hearing and determining applications for attorneys' fees, interest, and expenses in the Action; and (d) all Settling Parties hereto for the purpose of construing, enforcing, and administering the Settlement Agreement. The Court directs immediate entry of this Final Judgment by the Clerk of the Court. IT IS SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/27/25) Filed In Associated Cases: 1:20-cv-02809-LAK, 1:20-cv-03829-LAK (yv) |
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5
pgs
order
Order on Motion to Approve
Tue 01/28 4:38 PM
ORDER APPROVING DISTRIBUTION OF THE NET SETTLEMENT FUND granting (232) Motion to Approve Lead Plaintiff's Notice of Motion for Approval to Distribute the Net Settlement Fund for Accepted Claimants in case 1:20-cv-02809-LAK; granting (111) Motion to Approve Lead Plaintiff's Notice of Motion for Approval to Distribute the Net Settlement Fund for Accepted Claimants in case 1:20-cv-03829-LAK. IT IS HEREBY ORDERED and ADJUDGED as follows: The Court accepts the Claims Administrator's administrative determinations concerning the acceptance and rejection of those Claims. 2. The Court authorizes the Claims Administrator to deem timely certain Claims filed after the Claims submission deadline and to deem the claimants who submitted these claims as Authorized Claimants (i.e., the Claims listed on Exhibit A-1 to the Mahan Declaration). 3. The Court bars any claims submitted after the Claims submission deadline, other than those listed on Exhibit C-1 to the Mahan Declaration. The Court accepts the Claims Administrator's calculations of Recognized Loss plus interest pursuant to 28 U.S.C. § 1961 for Authorized Claimants in accordance with the Amended Plan of Allocation that was approved on Jan. 27, 2025. The Court authorizes interest payments pursuant to 28 U.S.C. § 1961 ending on December 31, 2024 for Authorized Claimants pursuant to the schedule set forth in Exhibit A-1 to the Mahan Declaration. A payment in the amount of $109,575.16 from the Settlement Fund for the Claims Administrator's outstanding balance and estimates of its fees and expenses to be incurred in connection with the initial distribution of the Net Settlement Fund is hereby authorized. If the incurred fees and expenses for the initial distribution is lower than the estimate, the Claims Administrator shall promptly reimburse the Settlement Fund. The Court releases any additional claims against the Net Settlement Fund, Lead Plaintiff, Lead Counsel, or any person or entity involved with the administration and distribution of the Net Settlement Fund. The Court authorizes destruction of Proof of Claim forms and related documents within one year. The Court retains jurisdiction to consider any further applications concerning the administration of the Settlement, and such other further relief as this Court deems appropriate. IT IS SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/28/25) Filed In Associated Cases: 1:20-cv-02809-LAK, 1:20-cv-03829-LAK (yv) |
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| 119 | 119
9
pgs
order
Order on Motion for Attorney Fees
Tue 01/28 4:25 PM
MEMORANDUM AND ORDER granting in part and denying in part (228) Motion for Attorney Fees in case 1:20-cv-02809-LAK; granting in part and denying in part (107) Motion for Attorney Fees in case 1:20-cv-03829-LAK. Lead Plaintiff's amended motion for award of attorneys' fees and expenses (Dkt 228) is granted to the extent that Grant & Eisenhofer P.A. is awarded $2,343,842.50 in attorneys' fees and $81,599.31 in expenses, Koutoulas Law, LLC is awarded $146,440, Ievgeniia Vatrenko is awarded $316,610, and Bluhm Legal Clinic is awarded $79,900. SO ORDERED (Signed by Judge Lewis A. Kaplan on 1/28/25) Filed In Associated Cases: 1:20-cv-02809-LAK, 1:20-cv-03829-LAK (yv) |
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utility
Case Stay Lifted
Tue 01/28 4:58 PM
Case Stay Lifted. Associated Cases: 1:20-cv-02809-LAK, 1:20-cv-03829-LAK(yv) |
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utility
Terminate Transcript Deadlines
Tue 01/28 5:02 PM
Terminate Transcript Deadlines (yv) |
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