IRA Financial Trust v. Gemini Trust Company, LLC

New York Southern District Court
Judge:	Analisa Torres
Case #:	1:22-cv-04672
Nature of Suit	370 Torts - Personal Property - Other Fraud
Cause	28:1332 Diversity Action

Case Filed:	Jun 06, 2022
Terminated:	Jul 18, 2024

Last checked: Saturday Dec 03, 2022 3:28 AM EST

Defendant Gemini Trust Company, LLC	Represented By Jordan David Sagalowsky Mayer Brown Llp (ny) contact info Daniel Aaron Schwartz Law Offices Of John F. Baughman, PLLC contact info Maryia Yrjeuna Jones Jfb Legal, PLLC contact info John Frederick Baughman The Law Offices Of John F. Baughman contact info
Plaintiff IRA Financial Trust	Represented By Eric W. Ostroff Meland Budwick, P.A. contact info Peter Curtis Neger Morgan Lewis & Bockius, Llp (ny) contact info Alexander E. Brody Meland Budwick, P.A. contact info Barry Antoine Kamar contact info

1.	IRA Financial Trust Brings Lawsuit Against Gemini Trust Company Alleging Crypto Exchange Security Failures (prnewswire.com)
	Submitted Thu 06/09/2022

Docket last updated: 11/22/2024 11:59 PM EST

Thursday, July 18, 2024
43		43 order Stipulation and Order of Dismissal Thu 07/18 1:14 PM STIPULATION OF DISMISSAL WITH PREJUDICE IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff and Defendant, that all claims in the above-captioned action shall be, and hereby are, dismissed with prejudice pursuant to the terms of the Settlement Agreement, Nondisclosure Agreement, and Re]ease of Claims executed by the parties on or about July 1, 2024. SO ORDERED. (Signed by Judge Analisa Torres on 7/18/2024) (jca) Related: [-]
		utility Case Stay Lifted Thu 07/18 1:14 PM Case Stay Lifted. (jca) Related: [-]
Wednesday, July 17, 2024
		misc Notice to Court Regarding Voluntary Dismissal Wed 07/17 9:03 AM ***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. 42 Stipulation of Voluntary Dismissal, was reviewed and referred to Judge Analisa Torres for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal in a Stayed case. (nd) Related: [-]
Tuesday, July 16, 2024
42		42 misc Stipulation of Voluntary Dismissal Tue 07/16 3:18 PM STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Gemini Trust Company, LLC. Document filed by IRA Financial Trust. Proposed Order to be reviewed by Clerk's Office staff. ..(Brody, Alexander) Related: [-]
Wednesday, July 10, 2024
		misc Notice to Attorney Regarding Deficient Voluntary Dismissal Wed 07/10 8:58 AM ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Eric Ostroff. RE-FILE Document No. 41 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the stipulation of voluntary dismissal was not signed by all parties who have appeared (handwritten signatures). Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed PDF. (km) Related: [-]
Tuesday, July 09, 2024
41		41 1 pgs misc Stipulation of Voluntary Dismissal Tue 07/09 2:45 PM STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Gemini Trust Company, LLC. Document filed by IRA Financial Trust. Proposed Order to be reviewed by Clerk's Office staff. ..(Ostroff, Eric) Related: [-]
Tuesday, April 16, 2024
40		40 1 pgs misc Letter Tue 04/16 9:48 AM LETTER addressed to Judge Analisa Torres from Eric W. Ostroff dated April 16, 2024 re: update on the status of the arbitration. Document filed by IRA Financial Trust..(Stolley, Martha) Related: [-]
Friday, February 16, 2024
39		39 1 pgs misc Letter Fri 02/16 3:21 PM LETTER addressed to Judge Analisa Torres from Eric W. Ostroff dated February 16, 2024 re: status update. Document filed by IRA Financial Trust..(Stolley, Martha) Related: [-]
Monday, December 18, 2023
38		38 1 pgs misc Letter Mon 12/18 3:07 PM LETTER addressed to Judge Analisa Torres from Eric W. Ostroff dated December 18, 2023 re: status update. Document filed by IRA Financial Trust..(Stolley, Martha) Related: [-]
Tuesday, October 17, 2023
37		37 misc Letter Tue 10/17 5:19 PM LETTER addressed to Judge Analisa Torres from Eric W. Ostroff dated October 17, 2023 re: Update on Arbitration Proceedings. Document filed by IRA Financial Trust..(Ostroff, Eric) Related: [-]
Tuesday, September 26, 2023
36		36 order Order on Motion to Withdraw as Attorney Tue 09/26 11:08 AM MEMO ENDORSEMENT granting34 MOTION for Peter C. Neger to Withdraw as Attorney. ENDORSEMENT GRANTED. The Clerk of Court is directed to terminate Peter C. Neger from the docket. SO ORDERED. Attorney Peter Curtis Neger terminated. (Signed by Judge Analisa Torres on 9/26/2023) (jca) Related: [-]
Monday, September 25, 2023
35		35 notice Notice of Change of Address Mon 09/25 10:59 AM NOTICE OF CHANGE OF ADDRESS by Peter Curtis Neger on behalf of IRA Financial Trust. New Address: NegerLaw PLLC, 903 Park Avenue, New York, New York, USA 10075, 917-912-5550..(Neger, Peter) Related: [-]
34		34 motion Withdraw as Attorney Mon 09/25 10:57 AM MOTION for Peter C. Neger to Withdraw as Attorney . Document filed by IRA Financial Trust..(Neger, Peter) Related: [-]
33		33 notice Notice of Appearance Mon 09/25 10:29 AM NOTICE OF APPEARANCE by Martha Brockway Stolley on behalf of IRA Financial Trust..(Stolley, Martha) Related: [-]
Friday, August 18, 2023
32		32 misc Letter Fri 08/18 5:05 PM LETTER addressed to Judge Analisa Torres from Eric W. Ostroff, Esq. dated August 18, 2023 re: Update on Arbitration Proceedings. Document filed by IRA Financial Trust..(Ostroff, Eric) Related: [-]
Wednesday, June 21, 2023
31		31 1 pgs misc Letter Wed 06/21 2:00 PM LETTER addressed to Judge Analisa Torres from Eric Ostroff dated June 21, 2023 re: Update on Arbitration Proceedings. Document filed by IRA Financial Trust..(Ostroff, Eric) Related: [-]
Tuesday, April 25, 2023
30		30 1 pgs misc Letter Tue 04/25 8:31 AM LETTER addressed to Judge Analisa Torres from Eric Ostroff dated April 24, 2023 re: Update on Arbitration Proceedings. Document filed by IRA Financial Trust..(Neger, Peter) Related: [-]
Tuesday, February 21, 2023
29		29 1 pgs misc Letter Tue 02/21 8:50 AM LETTER addressed to Judge Analisa Torres from Eric Ostroff dated February 19, 2023 re: Update on Arbitration Proceedings. Document filed by IRA Financial Trust..(Neger, Peter) Related: [-]
Tuesday, December 20, 2022
28		28 misc Letter Tue 12/20 11:40 AM LETTER addressed to Judge Analisa Torres from Eric Ostroff dated December 20, 2022 re: status letter. Document filed by IRA Financial Trust..(Neger, Peter) Related: [-]
Monday, October 24, 2022
27		27 1 pgs misc Letter Mon 10/24 12:24 PM LETTER addressed to Judge Analisa Torres from Eric W. Ostroff dated October 24, 2022 re: IRA Financial Trust Co. v. Gemini Trust Company, LLC, No. 1:22-cv-04672. Document filed by IRA Financial Trust..(Ostroff, Eric) Related: [-]
Monday, August 22, 2022
26		26 2 pgs order Order on Motion to Compel Arbitration Mon 08/22 3:55 PM ORDER STAYING PROCEEDINGS withdrawing20 Motion to Compel Arbitration. By October 24, 2022, and every sixty days thereafter, the parties shall file a joint letter updating the Court on the status of the arbitration proceedings. The Clerk of Court is directed to terminate the motion at ECF No. 20 and STAY the case. SO ORDERED.. (Signed by Judge Analisa Torres on 8/22/2022) (kv) Related: [-]
		utility Case Stayed Mon 08/22 3:55 PM Case Stayed (kv) Related: [-]
Thursday, August 18, 2022
25		25 2 pgs misc Proposed Order Thu 08/18 3:10 PM PROPOSED ORDER. Document filed by Gemini Trust Company, LLC..(Baughman, John) Related: [-]
		misc Notice to Court Regarding Proposed Order Thu 08/18 4:41 PM ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 25 Proposed Order was reviewed and approved as to form. (km) Related: [-]
Tuesday, August 02, 2022
24		24 1 pgs order Order on Motion for Extension of Time to File Tue 08/02 4:17 PM ORDER denying23 Letter Motion for Extension of Time to File. DENIED. Defendant may file a request to stay this action along with its reply memorandum on September 1, 2022. If this request is not granted, the parties shall file their joint letter and proposed case management plan by September 15, 2022. SO ORDERED.. (Signed by Judge Analisa Torres on 8/2/2022) (ks) Related: [-]
Monday, August 01, 2022
23		23 1 pgs motion Extension of Time to File Document Mon 08/01 4:11 PM LETTER MOTION for Extension of Time to File a jointly-proposed Case Management Plan and Scheduling Order addressed to Judge Analisa Torres from Peter C. Neger dated August 1, 2022. Document filed by IRA Financial Trust..(Neger, Peter) Related: [-]
Thursday, July 28, 2022
22		22 5 pgs respm Declaration in Support of Motion Thu 07/28 6:09 PM DECLARATION of Travis Freeman in Support re:20 MOTION to Compel Arbitration .. Document filed by Gemini Trust Company, LLC..(Baughman, John) Related: [-]
		Att: 1 Exhibit 1,
		Att: 2 Exhibit 2,
		Att: 3 2 pgs Exhibit 3,
		Att: 4 Exhibit 4,
		Att: 5 Exhibit 5 (part one),
		Att: 6 Exhibit 5 (part two),
		Att: 7 Exhibit 5 (part three),
		Att: 8 Exhibit 5 (part four),
		Att: 9 Exhibit 5 (part five),
		Att: 10 9 pgs Exhibit 6,
		Att: 11 Exhibit 7
21		21 17 pgs respm Memorandum of Law in Support of Motion Thu 07/28 6:02 PM MEMORANDUM OF LAW in Support re:20 MOTION to Compel Arbitration . . Document filed by Gemini Trust Company, LLC..(Baughman, John) Related: [-]
20		20 1 pgs motion Compel Arbitration Thu 07/28 6:01 PM MOTION to Compel Arbitration . Document filed by Gemini Trust Company, LLC..(Baughman, John) Related: [-]
19		19 notice Notice of Appearance Thu 07/28 12:43 PM NOTICE OF APPEARANCE by Daniel Aaron Schwartz on behalf of Gemini Trust Company, LLC..(Schwartz, Daniel) Related: [-]
18		18 notice Notice of Appearance Thu 07/28 12:39 PM NOTICE OF APPEARANCE by Maryia Yrjeuna Jones on behalf of Gemini Trust Company, LLC..(Jones, Maryia) Related: [-]
17		17 misc Rule 7.1 Corporate Disclosure Statement Thu 07/28 12:31 PM RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent WINKLEVOSS CAPITAL FUND, LLC, Corporate Parent Gemini Space Station, LLC for Gemini Trust Company, LLC. Document filed by Gemini Trust Company, LLC..(Baughman, John) Related: [-]
Monday, June 27, 2022
16		16 1 pgs order Order Mon 06/27 11:22 AM ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 6/27/2022) (kv) Related: [-]
15		15 3 pgs order Order Mon 06/27 11:20 AM ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. � 636(c), to conducting all further proceedings before the assigned Magistrate Judge. (as further set forth herein). SO ORDERED. (Signed by Judge Analisa Torres on 6/27/2022) (kv) Related: [-]
14		14 2 pgs order Order Mon 06/27 11:17 AM INITIAL PRETRIAL SCHEDULING ORDER: Counsel for all parties are directed to submit a joint letter and a jointly proposed Case Management Plan and Scheduling Order by August 5, 2022, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. (Signed by Judge Analisa Torres on 6/27/2022) (kv) Related: [-]
Thursday, June 23, 2022
13		13 1 pgs order Order on Motion for Conference Thu 06/23 4:28 PM ORDER granting9 Letter Motion for Conference re:9 LETTER MOTION for Conference / Pre-motion Conference addressed to Judge Analisa Torres from Jordan Sagalowsky dated June 15, 2022. The Court has reviewed the parties' letters dated June 15 and 16, 2022. ECF Nos. 9, 12. Accordingly, 1. Defendant's request to file a motion to compel arbitration and stay proceedings is GRANTED; 2. By July 28, 2022, Defendant shall file its motion. 3. By August 18, 2022, Plaintiff shall file its response. 4. By September 1, 2022, Defendant shall file its reply, if any. The Clerk of Court is directed to terminate the motion pending at ECF No. 9. SO ORDERED.. (Signed by Judge Analisa Torres on 6/23/2022) (jca) Related: [-]
		utility Set/Reset Deadlines Thu 06/23 4:29 PM Set/Reset Deadlines: Motions due by 7/28/2022. Responses due by 8/18/2022 Replies due by 9/1/2022. (jca) Related: [-]
		utility Case Stayed Thu 06/23 4:30 PM Case Stayed (jca) Related: [-]
Thursday, June 16, 2022
12		12 misc Letter Thu 06/16 12:10 PM LETTER addressed to Judge Analisa Torres from Eric W. Ostroff dated June 16, 2022 re: Response to June 15, 2022 Pre-Motion Letter on Proposed Motion to Compel Arbitration. Document filed by IRA Financial Trust..(Neger, Peter) Related: [-]
11		11 notice Notice of Appearance Thu 06/16 11:14 AM NOTICE OF APPEARANCE by Barry Antoine Kamar on behalf of IRA Financial Trust..(Kamar, Barry) Related: [-]
Wednesday, June 15, 2022
10		10 notice Notice of Appearance Wed 06/15 5:44 PM NOTICE OF APPEARANCE by John Frederick Baughman on behalf of Gemini Trust Company, LLC..(Baughman, John) Related: [-]
9		9 motion Conference Wed 06/15 5:28 PM LETTER MOTION for Conference / Pre-motion Conference addressed to Judge Analisa Torres from Jordan Sagalowsky dated June 15, 2022. Document filed by Gemini Trust Company, LLC..(Sagalowsky, Jordan) Related: [-]
		Att: 1 Exhibit A - 2019-09-27 - Gemini - LOCKED - Website - User Agreement,
		Att: 2 Exhibit B - 2019-07-08 - Gemini - LOCKED - Website - API Agreement
8		8 notice Notice of Appearance Wed 06/15 4:37 PM NOTICE OF APPEARANCE by Jordan David Sagalowsky on behalf of Gemini Trust Company, LLC..(Sagalowsky, Jordan) Related: [-]
Tuesday, June 14, 2022
		misc Notice Regarding Pro Hac Vice Motion Tue 06/14 3:00 PM >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 6 MOTION for Eric W. Ostroff to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26273925. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) Related: [-]
		misc Notice Regarding Pro Hac Vice Motion Tue 06/14 3:02 PM >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 7 MOTION for Alexander E. Brody to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26274081. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) Related: [-]
Monday, June 13, 2022
7		7 motion Appear Pro Hac Vice Mon 06/13 1:17 PM MOTION for Alexander E. Brody to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26274081. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by IRA Financial Trust..(Brody, Alexander) Related: [-]
		Att: 1 Affidavit Declaration of Alexander E. Brody in Support of Motion for Admission Pro Hac Vice,
		Att: 2 Text of Proposed Order Order for Admission Pro Hac Vice
6		6 motion Appear Pro Hac Vice Mon 06/13 1:11 PM MOTION for Eric W. Ostroff to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26273925. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by IRA Financial Trust..(Ostroff, Eric) Related: [-]
		Att: 1 Affidavit Declaration of Eric Ostroff in Support of Motion for Admission Pro Hac Vice,
		Att: 2 Text of Proposed Order Order for Admission Pro Hac Vice
Tuesday, June 07, 2022
5		5 service Summons Issued Tue 06/07 1:51 PM ELECTRONIC SUMMONS ISSUED as to Gemini Trust Company, LLC..(gp) Related: [-]
		notice Case Opening Initial Assignment Notice Tue 06/07 1:51 PM CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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] ..(gp) Related: [-]
		utility Case Designation Tue 06/07 1:51 PM Magistrate Judge James L. Cott is so designated. 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] . (gp) Related: [-]
		utility Case Designated ECF Tue 06/07 1:51 PM Case Designated ECF. (gp) Related: [-]
Monday, June 06, 2022
4		4 service Request for Issuance of Summons Mon 06/06 10:10 AM REQUEST FOR ISSUANCE OF SUMMONS as to Gemini Trust Company, LLC, re:1 Complaint. Document filed by IRA Financial Trust..(Neger, Peter) Related: [-]
3		3 misc Rule 7.1 Corporate Disclosure Statement Mon 06/06 10:08 AM RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by IRA Financial Trust..(Neger, Peter) Related: [-]
2		2 misc Civil Cover Sheet Mon 06/06 10:07 AM CIVIL COVER SHEET filed..(Neger, Peter) Related: [-]
1		1 34 pgs cmp Complaint Mon 06/06 10:06 AM COMPLAINT against Gemini Trust Company, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-26239533)Document filed by IRA Financial Trust..(Neger, Peter) Related: [-]

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