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Latest updates in Carnahan v. Baton Corporation
Entry #32 in Carnahan v. Baton Corporation Ltd., 1:25-cv-00490
Filed under crypto on Jul 1, 2025 [See all in Carnahan v. Baton Corporation]
ENDORSED LETTER addressed to TO ALL COUNSEL IN: Kendall Carnahan v. Baton Corporation Ltd. et al., from Judge Colleen McMahon dated 7/1/25 re: defendants' letter dated June 25 (Sec Dkt. # 30 in 25 Civ. 490). ENDORSEMENT: I have no basis to withdraw my opinion and order of June 5, 2025. (Dkt. #31) appointing Michael Okafor lead plaintiff for all members of the singular class of persons pleaded in the Aguillar complaint. A motion appointing a lead plaintiff for PSLRA purposes is NOT the time to resolve merits-based motions or issues relating to the adequacy of the named plaintiff to represent the pleaded class. Those matters are properly dealt with on a motion to dismiss or even more appropriately, a motion to certify the proposed class-motions for which I have set an expedited (by the parties' standards) briefing schedule. Nothing in my order of June 25, 2025 pre-determines the adequacy of Mr. Okafor to represent the putative class he claims to represent. It only determines that, for preliminary PSLRA purposes, he is the plaintiff, who has pleaded the largest injury at a time when the adequacy of both the pleading and his representation of any class are still up for grabs. I did not invent this method of doing things and it wastes a great deal of time - time I am trying to recover by setting a brisk schedule for dealing with the issues raised in the defendants June 25 letter. (Signed by Judge Colleen McMahon on 7/1/25) BY ECF TO ALL COUNSEL (yv) (Entered: 07/01/2025) [Read More]
Minute entry from 2025-06-25 in Carnahan v. Baton Corporation Ltd., 1:25-cv-00490
Filed under crypto on Jun 25, 2025 [See all in Carnahan v. Baton Corporation]
CONSOLIDATED MEMBER CASE: Create association to 1:25-cv-00880-CM.. (rro) [Read More]
Entry #31 in Carnahan v. Baton Corporation Ltd., 1:25-cv-00490
Filed under crypto on Jun 25, 2025 [See all in Carnahan v. Baton Corporation]
APPOINTMENT OF LEAD PLAINTIFF AND LEAD COUNSEL: CONCLUSION The Clerk is directed to remove the motions at Docket #14 (in 25 Civ. 490) and Docket #15 (in 25 Civ. 880) from the courts list of open motions; to consolidate these two cases under Case Number 25 Civ. 880 (Aguilar) and to administratively close Case Number 25 Civ. 490 (Carnahan). All future filings should be made under the Aguilar case number only. This constitutes the written decision and order of the court. (Signed by Judge Colleen McMahon on 6/25/2025) (mde) (mde). (Entered: 06/25/2025) [Read More]
Minute entry from 2025-06-25 in Carnahan v. Baton Corporation Ltd., 1:25-cv-00490
Filed under crypto on Jun 25, 2025 [See all in Carnahan v. Baton Corporation]
Order [Read More]
Entry #30 in Carnahan v. Baton Corporation Ltd., 1:25-cv-00490
Filed under crypto on Jun 25, 2025 [See all in Carnahan v. Baton Corporation]
LETTER addressed to Judge Colleen McMahon from Daniel L. Sachs dated June 25, 2025 re: Response to Plaintiffs letter dated June 20, 2025. Document filed by Baton Corporation Ltd. d/b/a Pump.Fun, Alon Cohen, Dylan Kerler, Noah Bernhard Hugo Tweedale..(Sachs, Daniel) (Entered: 06/25/2025) [Read More]
Entry #29 in Carnahan v. Baton Corporation Ltd., 1:25-cv-00490
Filed under crypto on Jun 20, 2025 [See all in Carnahan v. Baton Corporation]
LETTER addressed to Judge Colleen McMahon from Chet B. Waldman and Max Burwick dated 6/20/2025 re: Organization of Cases. Document filed by Aaron Kvenild..(Waldman, Chet) (Entered: 06/20/2025) [Read More]
Entry #28 in Carnahan v. Baton Corporation Ltd., 1:25-cv-00490
Filed under crypto on Jun 18, 2025 [See all in Carnahan v. Baton Corporation]
APPOINTMENT OF LEAD PLAINTIFF AND LEAD COUNSEL: These are two securities fraud putative class actions filed by a single law firm against exactly the same defendants, two weeks apart. Both lawsuits allege that the defendants engaged in the sale of unregistered securities in the form of cryptocurrency meme tokens. While the Aguilar complaint, which was the second filed action, is more detailed than the Carnahan complaint, it looks at first blush like both lawsuits are seeking the same relief for the same alleged violation of the 1933 Securities Act. The Wolf Popper law firm, in conjunction with Burwick Law PLLC, filed both actions. Pending before the court are two unopposed motions for lead counsel status - one by Aaron Kvenild in the Carnahan case; one by Michael Okafor in the Aguilar case. The time for filing opposing motions has expired in both cases. Both proposed lead plaintiffs ask that Wolf Popper and Burwick PLLC be appointed as lead counsel. I do not understand why there are two lawsuits. As counsel are aware, I am generally opposed to appointing more than one lead counsel in securities fraud class actions, to avoid duplication and keep costs down. I certainly do not want to have duplicative lawsuits. Wolf Popper and Burwick need to apprise the court, by letter, why there are two lawsuits; why they should not be consolidated into a single lawsuit (under the Carnahan number, which is the first filed case); if they are consolidated, which complaint should be the operative pleading (I would guess the later-filed and longer one but I do not wish to presume); and why I need two lead plaintiffs and two law firms to serve as lead counsel. Please respond by Friday, June 20, 2025. When I get this sorted out administratively, I will give you your schedule for motions to dismiss and class certification. (Signed by Judge Colleen McMahon on 6/18/2025) (jca) (Entered: 06/18/2025) [Read More]
Entry #27 in Carnahan v. Baton Corporation Ltd., 1:25-cv-00490
Filed under crypto on Jun 12, 2025 [See all in Carnahan v. Baton Corporation]
NOTICE OF APPEARANCE by Daniel Sachs on behalf of Baton Corporation Ltd. d/b/a Pump.Fun, Alon Cohen, Dylan Kerler, Noah Bernhard Hugo Tweedale..(Sachs, Daniel) (Entered: 06/12/2025) [Read More]
Entry #26 in Carnahan v. Baton Corporation Ltd., 1:25-cv-00490
Filed under crypto on Jun 10, 2025 [See all in Carnahan v. Baton Corporation]
NOTICE OF APPEARANCE by Max Burwick on behalf of Kendall Carnahan..(Burwick, Max) (Entered: 06/10/2025) [Read More]
Entry #25 in Carnahan v. Baton Corporation Ltd., 1:25-cv-00490
Filed under crypto on May 8, 2025 [See all in Carnahan v. Baton Corporation]
ORDER FOR ADMISSION PRO HAC VICE granting 24 Motion for Kyle P. Dorso to Appear Pro Hac Vice. The Motion of Kyle P. Dorso for admission to practice pro hac vice in the above action is granted. It is hereby ordered that Applicant is admitted to practice pro hac vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of the Court, including the Rules governing discipline of attorneys. (Signed by Judge Colleen McMahon on 5/8/25) (yv) (Entered: 05/08/2025) [Read More]
Minute entry from 2025-05-05 in Carnahan v. Baton Corporation Ltd., 1:25-cv-00490
Filed under crypto on May 5, 2025 [See all in Carnahan v. Baton Corporation]
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 24 MOTION for Kyle P. Dorso to Appear Pro Hac Vice Filing fee receipt number ANYSDC-31000797. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju) [Read More]
Minute entry from 2025-05-05 in Carnahan v. Baton Corporation Ltd., 1:25-cv-00490
Filed under crypto on May 5, 2025 [See all in Carnahan v. Baton Corporation]
Notice Regarding Pro Hac Vice Motion [Read More]
Entry #24 in Carnahan v. Baton Corporation Ltd., 1:25-cv-00490
Filed under crypto on May 5, 2025 [See all in Carnahan v. Baton Corporation]
MOTION for Kyle P. Dorso to Appear Pro Hac Vice Filing fee receipt number ANYSDC-31000797. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Baton Corporation Ltd. d/b/a Pump.Fun, Alon Cohen, Dylan Kerler, Noah Bernhard Hugo Tweedale. (Attachments: # 1 Affidavit of Kyle P. Dorso, # 2 Exhibit A - Massachusetts Certificate of Good Standing, # 3 Exhibit B - Connecticut Certificate of Good Standing, # 4 Proposed Order for Admission Pro Hac Vice).(Dorso, Kyle) (Entered: 05/05/2025) [Read More]
Minute entry from 2025-04-29 in Carnahan v. Baton Corporation Ltd., 1:25-cv-00490
Filed under crypto on Apr 29, 2025 [See all in Carnahan v. Baton Corporation]
>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 23 MOTION for Kyle P. Dorso to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-31000797. 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 Connecticut, not state bar;. 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.. (bc) [Read More]
Minute entry from 2025-04-29 in Carnahan v. Baton Corporation Ltd., 1:25-cv-00490
Filed under crypto on Apr 29, 2025 [See all in Carnahan v. Baton Corporation]
Notice Regarding Deficient Motion to Appear Pro Hac Vice [Read More]
Entry #23 in Carnahan v. Baton Corporation Ltd., 1:25-cv-00490
Filed under crypto on Apr 29, 2025 [See all in Carnahan v. Baton Corporation]
FILING ERROR - PDF ERROR - MOTION for Kyle P. Dorso to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-31000797. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Baton Corporation Ltd. d/b/a Pump.Fun, Alon Cohen, Dylan Kerler, Noah Bernhard Hugo Tweedale. (Attachments: # 1 Affidavit of Kyle P. Dorso, # 2 Exhibit A - Massachusetts Certificate of Good Standing, # 3 Exhibit B - Connecticut Certificate of Good Standing, # 4 Proposed Order for Admission Pro Hac Vice).(Dorso, Kyle) Modified on 4/29/2025 (bc). (Entered: 04/29/2025) [Read More]
Entry #22 in Carnahan v. Baton Corporation Ltd., 1:25-cv-00490
Filed under crypto on Apr 15, 2025 [See all in Carnahan v. Baton Corporation]
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Baton Corporation Ltd. d/b/a Pump.Fun..(Palley, Stephen) (Entered: 04/15/2025) [Read More]
Entry #21 in Carnahan v. Baton Corporation Ltd., 1:25-cv-00490
Filed under crypto on Apr 15, 2025 [See all in Carnahan v. Baton Corporation]
NOTICE OF APPEARANCE by Stephen D Palley on behalf of Baton Corporation Ltd. d/b/a Pump.Fun, Alon Cohen, Dylan Kerler, Noah Bernhard Hugo Tweedale..(Palley, Stephen) (Entered: 04/15/2025) [Read More]
Entry #20 in Carnahan v. Baton Corporation Ltd., 1:25-cv-00490
Filed under crypto on Apr 8, 2025 [See all in Carnahan v. Baton Corporation]
ORDER granting 18 Letter Motion for Extension of Time to File Response/Reply. Extension to respond granted. Conference cancelled. (Signed by Judge Colleen McMahon on 4/8/25) (yv) (Entered: 04/08/2025) [Read More]
Entry #19 in Carnahan v. Baton Corporation Ltd., 1:25-cv-00490
Filed under crypto on Apr 8, 2025 [See all in Carnahan v. Baton Corporation]
NOTICE of FEDERAL RULE OF CIVIL PROCEDURE 4(l)(2)(B) NOTICE OF SERVICE ON DEFENDANTS PURSUANT TO RULE (4)(f)(2)(A) re: 10 Summons Issued, 8 Summons Issued, 13 Order on Motion to Adjourn Conference,, Order on Motion for Extension of Time to File, 2 Civil Cover Sheet, 11 Order for Initial Pretrial Conference, 7 Summons Issued, 9 Summons Issued, 1 Complaint,. Document filed by Kendall Carnahan. (Attachments: # 1 Exhibit A - Ferguson Declaration, # 2 Exhibit A-1 - Hague Convention, # 3 Exhibit A-2 - Companies House Information, # 4 Exhibit A-3 - CPR 6, # 5 Exhibit A-4 - Companies Act 1140, # 6 Exhibit A-5 - Certificate of Service).(Ruthizer, Joshua) (Entered: 04/08/2025) [Read More]
Entry #18 in Carnahan v. Baton Corporation Ltd., 1:25-cv-00490
Filed under crypto on Apr 7, 2025 [See all in Carnahan v. Baton Corporation]
JOINT LETTER MOTION for Extension of Time to File Response/Reply as to 1 Complaint, addressed to Judge Colleen McMahon from Stephen D. Palley and Joshua W. Ruthizer dated April 7, 2025. Document filed by Baton Corporation Ltd. d/b/a Pump.Fun, Alon Cohen, Dylan Kerler, Noah Bernhard Hugo Tweedale..(Palley, Stephen) (Entered: 04/07/2025) [Read More]
Entry #17 in Carnahan v. Baton Corporation Ltd., 1:25-cv-00490
Filed under crypto on Apr 1, 2025 [See all in Carnahan v. Baton Corporation]
REPLY MEMORANDUM OF LAW in Support re: 14 MOTION to Appoint Aaron Kvenild to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by Aaron Kvenild. (Attachments: # 1 Proposed Order Proposed Order).(Waldman, Chet) (Entered: 04/01/2025) [Read More]
Entry #16 in Carnahan v. Baton Corporation Ltd., 1:25-cv-00490
Filed under crypto on Mar 18, 2025 [See all in Carnahan v. Baton Corporation]
DECLARATION of Joshua W. Ruthizer in Support re: 14 MOTION to Appoint Aaron Kvenild to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Aaron Kvenild. (Attachments: # 1 Exhibit PSLRA Notice, # 2 Exhibit PSLRA Certification, # 3 Exhibit Kvenild Declaration, # 4 Exhibit Wolf Popper Resume, # 5 Exhibit BL Resume).(Ruthizer, Joshua) (Entered: 03/18/2025) [Read More]
Entry #15 in Carnahan v. Baton Corporation Ltd., 1:25-cv-00490
Filed under crypto on Mar 18, 2025 [See all in Carnahan v. Baton Corporation]
MEMORANDUM OF LAW in Support re: 14 MOTION to Appoint Aaron Kvenild to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by Aaron Kvenild..(Ruthizer, Joshua) (Entered: 03/18/2025) [Read More]
Entry #14 in Carnahan v. Baton Corporation Ltd., 1:25-cv-00490
Filed under crypto on Mar 18, 2025 [See all in Carnahan v. Baton Corporation]
MOTION to Appoint Aaron Kvenild to serve as lead plaintiff(s) ., MOTION to Appoint Counsel . Document filed by Aaron Kvenild..(Ruthizer, Joshua) (Entered: 03/18/2025) [Read More]