Lowinger v. Rocket One Capital, LLC et al (1:24-cv-22429), Florida Southern District Court

Lowinger v. Rocket One Capital, LLC et al

Florida Southern District Court
Judge:	Kathleen M Williams
Referred:	Jonathan Goodman
Case #:	1:24-cv-22429
Nature of Suit	850 Other Statutes - Securities/Commodities/Exchange
Cause	15:0078 Securities Exchange Act

Case Filed:	Jun 25, 2024
Case in other court:	New York Southern, 1:23-cv-09243

Docket
Parties (5)

Last checked: Tuesday Jun 25, 2024 8:06 AM EDT

Defendant Digital World Acquisition Corp.	Represented By Bradley Joseph Bondi Paul Hastings LLP contact info
Defendant Bruce Garelick
Defendant Rocket One Capital LLC	Represented By Andrew Martin Feldman Feldman Kodsi contact info
Defendant Michael Shvartsman	Represented By Andrew Martin Feldman Feldman Kodsi contact info
Plaintiff Robert Lowinger

Docket last updated: 06/30/2024 11:59 PM EDT

Friday, June 28, 2024
48		48 motion Appear Pro Hac Vice - aty Fri 06/28 11:08 AM MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Michael J. Klein. Filing Fee $ 200.00 Receipt # AFLSDC-17641454 by Robert Lowinger. Responses due by 7/12/2024.(Robbins, Robert) Related: [-]
		Att: 1 Certification of Michael J. Klein,
		Att: 2 Text of Proposed Order
47		47 motion Appear Pro Hac Vice - aty Fri 06/28 11:02 AM MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jeffrey S. Abraham. Filing Fee $ 200.00 Receipt # AFLSDC-17641385 by Robert Lowinger. Responses due by 7/12/2024.(Robbins, Robert) Related: [-]
		Att: 1 Certification of Jeffrey S. Abraham,
		Att: 2 Text of Proposed Order
46		46 notice Notice of Attorney Appearance Fri 06/28 10:07 AM NOTICE of Attorney Appearance by Stephen Richard Astley on behalf of Robert Lowinger. Attorney Stephen Richard Astley added to party Robert Lowinger(pty:pla). (Astley, Stephen) Related: [-]
45		45 notice Notice of Attorney Appearance Fri 06/28 10:04 AM NOTICE of Attorney Appearance by Robert Jeffrey Robbins on behalf of Robert Lowinger. Attorney Robert Jeffrey Robbins added to party Robert Lowinger(pty:pla). (Robbins, Robert) Related: [-]
Wednesday, June 26, 2024
44		44 order - Order (PAPERLESS or pdf attached) Wed 06/26 12:17 PM MAGISTRATE JUDGE GOODMAN'S DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jonathan Goodman on 6/26/2024. See attached document for full details. (fbn) Related: [-]
43		43 2 pgs order Order Referring Case to Magistrate Judge Notice of Court Practice/to Appear/Other Wed 06/26 9:32 AM ORDER OF REFERRAL to Magistrate Judge Jonathan Goodman for Pretrial Non-Dispositive Matters AND NOTICE OF COURT PRACTICE AND PROCEDURES. Signed by Judge Kathleen M. Williams on 6/26/2024. See attached document for full details. (cds) Related: [-]
Tuesday, June 25, 2024
42		42 misc Bar Letter Tue 06/25 10:31 AM Bar Letter re: Admissions sent to attorney Michael Jason Klein, Jeffrey Simon Abraham, Tai Hyun Park, Alexandra AE Shapiro, Julian S Brod, mailing date June 25, 2024, (pt) Related: [-]
41		41 order Clerk's Notice of Judge Assignment and Optional Consent Tue 06/25 6:50 AM Clerks Notice of Judge Assignment to Judge Kathleen M. Williams. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (bb) Related: [-]
40		40 transfer Case Transferred In - District Transfer - CV - NO FEE Tue 06/25 6:42 AM Case transferred in from New York Southern; Case Number 1:23-cv-09243. Electronic file including transfer order and docket sheet received. .(bb) Related: [-]
Wednesday, June 05, 2024
39		39 18 pgs OPINION AND ORDER OF TRANSFER re:25 MOTION to Dismiss . filed by Bruce Garelik, Rocket One Capital, LLC, Michael Shvartsman. For the foregoing reasons, the motion of Defendants Rocket One Capital, LLC, Michael Shvartsman, and Bruce Garelick to transfer this case to the Southern District of Florida pursuant to Section 1404(a) is granted. Because this case should be heard in another District, the Court does not reach the merits of Defendants arguments in support of dismissal. See Sheree Cosmetics, LLC v. Kylie Cosmetics, LLC, No. 18 Civ. 9673 (VEC), 2019 WL 3252752, at *4 (S.D.N.Y. July 19, 2019). The motions to dismiss for failure to state a claim will remain pending for consideration by the transferee court. Defendants motion to transfer pursuant to Section 1406(a) and motion to dismiss for lack of venue are denied as moot. The Clerk of Court is respectfully directed to close the motion at Docket Number 25, to amend the caption of this case to change Defendant "Bruce Garelik" to Defendant "Bruce Garelick," and to transfer this case to the Southern District of Florida. SO ORDERED. (Signed by Judge John P. Cronan on 6/5/2024) (jca) Transmission to Office of the Clerk of Court for processing. Related: [-]
Friday, March 22, 2024
38		38 REPLY MEMORANDUM OF LAW in Support re:35 MOTION to Dismiss for Failure to State a Claim . . Document filed by Digital World Acquisition Corp...(Bondi, Bradley) Related: [-]
Friday, March 15, 2024
37		37 7 pgs MEMORANDUM OF LAW in Opposition re:35 MOTION to Dismiss for Failure to State a Claim . . Document filed by Robert Lowinger..(Abraham, Jeffrey) Related: [-]
Friday, March 01, 2024
36		36 14 pgs MEMORANDUM OF LAW in Support re:35 MOTION to Dismiss for Failure to State a Claim . . Document filed by Digital World Acquisition Corp...(Bondi, Bradley) Related: [-]
35		35 MOTION to Dismiss for Failure to State a Claim . Document filed by Digital World Acquisition Corp...(Bondi, Bradley) Related: [-]
Friday, February 16, 2024
34		34 REPLY MEMORANDUM OF LAW in Support re:25 MOTION to Dismiss . . Document filed by Bruce Garelik, Rocket One Capital, LLC, Michael Shvartsman..(Feldman, Andrew) Related: [-]
Friday, February 09, 2024
33		33 DECLARATION of Jeffrey S. Abraham in Opposition re:25 MOTION to Dismiss .. Document filed by Robert Lowinger..(Abraham, Jeffrey) Related: [-]
		Att: 1 Exhibit A - complaint filed in Securities and Exchange Commission v. Garelick et al, Docket No. 1:23-cv-05567 (S.D.N.Y.),
		Att: 2 Exhibit B - unsealed indictment captioned USA v. Shvartsman et al, Docket No. 1:23-cr-00307 (S.D.N.Y.),
		Att: 3 Exhibit C - excerpt of a prospectus that DWAC filed with the SEC on or about September 2, 2021,
		Att: 4 Exhibit D - portion of https://www.nasdaq.com/contact-us,
		Att: 5 Exhibit E - Declaration of Bruce Garelick submitted in the DOJ Action,
		Att: 6 Exhibit F - Declaration of Robert Lowinger,
		Att: 7 Exhibit G - portions of Exhibit 4.4 to a Form S-1/A filed by DWAC with the SEC on or about September 1, 2021
32		32 27 pgs MEMORANDUM OF LAW in Opposition re:25 MOTION to Dismiss . . Document filed by Robert Lowinger..(Abraham, Jeffrey) Related: [-]
Wednesday, January 31, 2024
31		31 MEMO ENDORSEMENT on re:30 Letter filed by Digital World Acquisition Corp. ENDORSEMENT: The Court has reviewed the parties' submissions and sets the following briefing schedule on DWAC's motion to dismiss: DWAC shall file its motion by March 1, 2024, Plaintiff shall file his opposition by March 15, 2024, and DWAC shall file any reply by March 22, 2024. (Signed by Judge John P. Cronan on 1/31/2024) (mml) Related: [-]
		Set/Reset Deadlines: Motions due by 3/1/2024. Responses due by 3/15/2024 Replies due by 3/22/2024. (mml) Related: [-]
Tuesday, January 30, 2024
30		30 LETTER addressed to Judge John P. Cronan from Bradley J. Bondi dated January 30, 2024 re: Response to Plaintiff's January 22, 2024 Letter. Document filed by Digital World Acquisition Corp...(Bondi, Bradley) Related: [-]
Wednesday, January 24, 2024
29		29 NOTICE OF CHANGE OF ADDRESS by Tai Hyun Park on behalf of Rocket One Capital, LLC, Michael Shvartsman. New Address: Tai H. Park, 7 World Trade Center - 34th Floor, 250 Greenwich Street, New York, NY, United States 10007, 212-301-7632..(Park, Tai) Related: [-]
Tuesday, January 23, 2024
28		28 MEMO ENDORSEMENT on re:27 Letter filed by Robert Lowinger ENDORSEMENT In light of Plaintiff's representations, DWAC shall file a response of no longer than three pages to Plaintiff's letter by January 30, 2024. SO ORDERED. (Signed by Judge John P. Cronan on 1/23/2024) (jca) Related: [-]
Monday, January 22, 2024
27		27 LETTER addressed to Judge John P. Cronan from Jeffrey S. Abraham dated January 22, 2024 re: the January 11, 2024 letter of Defendant Digital World Acquisition Corp.. Document filed by Robert Lowinger..(Abraham, Jeffrey) Related: [-]
Friday, January 19, 2024
26		26 29 pgs MEMORANDUM OF LAW in Support re:25 MOTION to Dismiss . . Document filed by Bruce Garelik, Rocket One Capital, LLC, Michael Shvartsman..(Feldman, Andrew) Related: [-]
		Att: 1 Exhibit A. Declaration of Michael Shvartsman in Support of Motion to Dismiss
25		25 MOTION to Dismiss . Document filed by Bruce Garelik, Rocket One Capital, LLC, Michael Shvartsman..(Feldman, Andrew) Related: [-]
Wednesday, January 17, 2024
24		24 MEMO ENDORSEMENT on re:23 Letter filed by Digital World Acquisition Corp. ENDORSEMENT Plaintiff shall respond to DWAC's pre-motion letter by January 22, 2024. SO ORDERED. (Signed by Judge John P. Cronan on 1/17/2024) (jca) Related: [-]
Thursday, January 11, 2024
23		23 LETTER addressed to Judge John P. Cronan from Bradley J. Bondi dated January 11, 2024 re: Pre-Motion Letter re Intent to File a Motion to Dismiss. Document filed by Digital World Acquisition Corp...(Bondi, Bradley) Related: [-]
Monday, January 08, 2024
22		22 NOTICE OF APPEARANCE by Julian S. Brod on behalf of Bruce Garelik..(Brod, Julian) Related: [-]
21		21 MEMO ENDORSEMENT on re:20 Letter, filed by Robert Lowinger, ENDORSEMENT: The Court has reviewed the parties' submissions and has determined to permit Defendants Shvartsman, Rocket One Capital, and Garelick to file one combined motion to dismiss. Defendants shall file this motion by January 19, 2024, Plaintiff shall file opposition by February 9, 2024, and Defendants shall file any reply by February 16, 2024. All Defendants' deadlines to answer, including Nominal Defendant DWAC's, are extended until 14 days after the Court issues an Order resolving Defendants' motion to dismiss. SO ORDERED. (Signed by Judge John P. Cronan on 1/5/2024) ( Motions due by 1/19/2024., Responses due by 2/9/2024, Replies due by 2/16/2024.) (ks) Related: [-]
Friday, December 29, 2023
20		20 LETTER addressed to Judge John P. Cronan from Jeffrey S. Abraham dated December 29, 2023 re: Plaintiff's Response to Defendants' Pre-Motion Letters Regarding Anticipated Motions to Dismiss. Document filed by Robert Lowinger..(Abraham, Jeffrey) Related: [-]
Wednesday, December 27, 2023
19		19 LETTER addressed to Judge John P. Cronan from Alexandra A.E. Shapiro dated December 27, 2023 re: Defendant Garelick's Anticipated Motion to Dismiss. Document filed by Bruce Garelik..(Shapiro, Alexandra) Related: [-]
18		18 NOTICE OF APPEARANCE by Alexandra A. E. Shapiro on behalf of Bruce Garelik..(Shapiro, Alexandra) Related: [-]
17		17 ORDER granting14 Motion for Andrew Martin Feldman to Appear Pro Hac Vice (HEREBY ORDERED by Judge John P. Cronan)(Text Only Order) (mhe) Related: [-]
Tuesday, December 26, 2023
16		16 LETTER addressed to Judge John P. Cronan from Tai H. Park dated December 26, 2023 re: Pre-Motion Letter. Document filed by Rocket One Capital, LLC, Michael Shvartsman..(Park, Tai) Related: [-]
15		15 NOTICE OF APPEARANCE by Tai Hyun Park on behalf of Rocket One Capital, LLC, Michael Shvartsman..(Park, Tai) Related: [-]
14		14 MOTION for Andrew Martin Feldman to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Rocket One Capital, LLC, Michael Shvartsman..(Feldman, Andrew) Related: [-]
		Att: 1 Affidavit Affidavit of Andrew M. Feldman in Support of Motion for Admission Pro Hac Vice,
		Att: 2 Exhibit Supreme Court of Florida Certificate of Good Standing,
		Att: 3 Exhibit The Florida Bar Certificate of Good Standing,
		Att: 4 Proposed Order proposed Order Granting Motion for Admission Pro Hac Vice
		Pro Hac Vice Fee Paid electronically via Pay.gov: for14 MOTION for Andrew Martin Feldman to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. . Filing fee $ 200.00. Pay.gov receipt number ANYSDC-28731635, paid on 12/22/2023..(rju) Related: [-]
		>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 14 MOTION for Andrew Martin Feldman to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju) Related: [-]
Friday, December 22, 2023
13		13 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Andrew Martin Feldman to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Rocket One Capital, LLC, Michael Shvartsman..(Feldman, Andrew) Modified on 12/22/2023 (va). Related: [-]
		Att: 1 Affidavit Affidavit in Support of Motion for Admission Pro Hac Vice,
		Att: 2 Exhibit Certificate of Good Standing,
		Att: 3 Proposed Order [proposed] Order Granting Motion for Admission Pro Hac Vice
		>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 13 MOTION for Andrew Martin Feldman to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Florida. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (va) Related: [-]
Wednesday, December 20, 2023
12		12 STIPULATION AND ORDER Plaintiff Dr. Robert Lowinger and Defendant Digital World Acquisition Corporation (DWAC) stipulate and agree as follows: 1. The Complaint (Doc. 1) names DWAC as a nominal defendant solely with respect to a claim that the Plaintiff purports to assert against other defendants under Section 16(b) of the Securities Exchange Act of 1934 (the Exchange Act) (15 U.S.C. � 78p(b)). 2. The Complaint does not assert any cause of action against DWAC. 3. The Complaint does not seek any relief against DWAC. 4. The Complaint does not allege that DWAC engaged in any wrongdoing which is actionable under Section 16(b) of the Exchange Act.5. To the extent Plaintiff is entitled to a recovery for its claim, Plaintiff will obtain that recovery from other defendants for the benefit of DWAC as provided in Section 16(b) of the Exchange Act and seek an award of attorneys fees for his counsel from any fund created. 7. DWAC reserves all its rights with respect to this litigation and retains all defenses and objections to the Complaint. Plaintiff reserves all his rights with respect to this litigation. The Court approves all paragraphs in the Stipulation except for paragraph 6. Instead, the Court for the time being extends Nominal Defendant DWAC's deadline to respond to the Complaint until the latest answer deadline of the remaining Defendants. If one of the remaining Defendants files a responsive motion under Rule 12, the Court is inclined to further extend DWAC's deadline to respond to the Complaint until after said motion is decided. DWAC is invited, but not required, to file a letter not longer than three pages responding to the Court's Order by January 2, 2024. SO ORDERED. (Signed by Judge John P. Cronan on 12/20/2023) (jca) Related: [-]
Tuesday, December 19, 2023
11		11 NOTICE of Stipulation re:1 Complaint. Document filed by Digital World Acquisition Corp...(Bondi, Bradley) Related: [-]
Wednesday, November 15, 2023
10		10 ORDER granting9 Letter Motion for Extension of Time to Answer re9 LETTER MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint addressed to Judge John P. Cronan from Bradley J. Bondi dated November 14, 2023. The request is granted. DWAC shall respond to the Complaint by December 20, 2023. The Clerk of Court is respectfully directed to close Docket Number 9. SO ORDERED. Digital World Acquisition Corp. answer due 12/20/2023. (Signed by Judge John P. Cronan on 11/15/2023) (jca) Modified on 12/11/2023 (jca). Related: [-]
Tuesday, November 14, 2023
9		9 LETTER MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint addressed to Judge John P. Cronan from Bradley J. Bondi dated November 14, 2023. Document filed by Digital World Acquisition Corp...(Bondi, Bradley) Related: [-]
8		8 NOTICE OF APPEARANCE by Bradley J Bondi on behalf of Digital World Acquisition Corp...(Bondi, Bradley) Related: [-]
Thursday, November 02, 2023
7		7 AFFIDAVIT OF SERVICE of Summons and Complaint. Digital World Acquisition Corp. served on 10/26/2023, answer due 11/16/2023. Service was accepted by Robin Hutt-Banks. Document filed by Robert Lowinger..(Klein, Michael) Related: [-]
Tuesday, October 24, 2023
		CASE DECLINED AS NOT RELATED. Case referred as related to 23-cv-5567 and declined by Judge Paul G. Gardephe and returned to wheel for assignment. (laq) Related: [-]
		NOTICE OF CASE REASSIGNMENT to Judge John P. Cronan. Judge Unassigned is no longer assigned to the case. (laq) Related: [-]
		Magistrate Judge Jennifer Willis 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] . (laq) Related: [-]
Monday, October 23, 2023
6		6 ELECTRONIC SUMMONS ISSUED as to Digital World Acquisition Corp., Bruce Garelik, Rocket One Capital, LLC, Michael Shvartsman..(jgo) Related: [-]
		CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(jgo) Related: [-]
		Case Designated ECF. (jgo) Related: [-]
		CASE REFERRED TO Judge Paul G. Gardephe as possibly related to 23-cv-5567. (jgo) Related: [-]
Friday, October 20, 2023
5		5 NOTICE OF APPEARANCE by Michael Jason Klein on behalf of Robert Lowinger..(Klein, Michael) Related: [-]
4		4 STATEMENT OF RELATEDNESS re: that this action be filed as related to 23-cv-05567. Document filed by Robert Lowinger..(Abraham, Jeffrey) Related: [-]
3		3 REQUEST FOR ISSUANCE OF SUMMONS as to Rocket One Capital, LLC, Michael Shvartsman, Bruce Garelik, Digital World Acquisition Corp., re:1 Complaint. Document filed by Robert Lowinger..(Abraham, Jeffrey) Related: [-]
2		2 CIVIL COVER SHEET filed..(Abraham, Jeffrey) Related: [-]
1		1 COMPLAINT against Digital World Acquisition Corp., Bruce Garelik, Rocket One Capital, LLC, Michael Shvartsman. (Filing Fee $ 402.00, Receipt Number ANYSDC-28455208)Document filed by Robert Lowinger..(Abraham, Jeffrey) Related: [-]

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