Securities and Exchange Commission v. Telegram Group Inc. et al

Docket(#254) INTERNET CITATION NOTE: Material from decision with Internet citation re: #242 Consent Judgment, Add and Terminate Parties. (sjo) (Entered: 02/01/2021)

Docket(#253) MEMO ENDORSEMENT on re: #252 Letter filed by Telegram Group Inc., Ton Issuer Inc. ENDORSEMENT: Application GRANTED. The Clerk is directed to seal the docket entries listed in bold type below. (Signed by Judge P. Kevin Castel on 7/29/2020) (cf) (Entered: 07/30/2020)

Docket(#252) LETTER addressed to Judge P. Kevin Castel from Alexander C. Drylewski dated July 29, 2020 re: June 17, 2020 Sealing Order. Document filed by Telegram Group Inc., Ton Issuer Inc...(Drylewski, Alexander) (Entered: 07/29/2020)

Docket(#251) MEMO ENDORSEMENT on re: #247 Letter. ENDORSEMENT: The Court approves the SEC's proposed additional redactions to Exhibit HH and PX15, finding that the protection of non-party privacy interests outweighs the public's presumption of access, United States v. Amodeo, 71 F.3d 1044, 1049 (2d Cir. 1995), and that the additional proposed redactions are narrowly tailored to protect this specific interest. The Clerk is also directed to seal Docket Entries 122-5 and 122-37. (Signed by Judge P. Kevin Castel on 7/28/2020) (jwh) (Entered: 07/28/2020)

Docket(#250) NOTICE of Filing re: #238 Memorandum & Opinion,,,. Document filed by Telegram Group Inc., Ton Issuer Inc.. (Attachments: #1 Exhibit A - Defendants' Response to Plaintiffs Local 56.1 Statement in Support of its Motion for Summary Judgment, dated January 21, 2020, #2 Exhibit B - Defendants' Response to Plaintiffs Counter-Statement of Undisputed Material Facts in Further Support of Defendants' Motion for Summary Judgment, dated January 27, 2020, #3 Exhibit C - Exhibit 4 to the Drylewski Declaration, #4 Exhibit D - Exhibit 5 to the Drylewski Declaration, #5 Exhibit E - Exhibit 10 to the Drylewski Declaration, #6 Exhibit F - Exhibit 12 to the Drylewski Declaration, #7 Exhibit G - Exhibit 1 to the Malloy Declaration, #8 Exhibit H - Exhibit 2 to the Malloy Declaration, #9 Exhibit I - Exhibit 3 to the Malloy Declaration, #10 Exhibit J - Exhibit 4 to the Malloy Declaration, #11 Exhibit K - Exhibit 9 to the Malloy Declaration, #12 Exhibit L - Exhibit 10 to the Malloy Declaration, #13 Exhibit M - Exhibit 11 to the Malloy Declaration, #14 Exhibit N - Exhibit 14 to the Malloy Declaration, #15 Exhibit O - Exhibit 1 to the McKeon Declaration, #16 Exhibit P - Exhibit 1 to the Musoff Declaration, #17 Exhibit Q - Exhibit 5 to the Musoff Declaration).(Drylewski, Alexander) (Entered: 07/01/2020)

Docket(#249) DECLARATION of Daphna Waxman in Support re: #3 EMERGENCY MOTION for Temporary Restraining Order , Order to Show Cause, and Granting Other Relief.EMERGENCY MOTION for Preliminary Injunction and Order to Show Cause.. Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit L, #2 Exhibit M, #3 Exhibit N, #4 Exhibit O, #5 Exhibit P, #6 Exhibit Q, #7 Exhibit R, #8 Exhibit S, #9 Exhibit X, #10 Exhibit Y, #11 Exhibit AA, #12 Exhibit GG, #13 Exhibit HH).(Tenreiro, Jorge) (Entered: 07/01/2020)

Docket(#248) ***SELECTED PARTIES***DECLARATION of Daphna Waxman in Support re: #3 EMERGENCY MOTION for Temporary Restraining Order , Order to Show Cause, and Granting Other Relief.EMERGENCY MOTION for Preliminary Injunction and Order to Show Cause.. Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit L, #2 Exhibit M, #3 Exhibit N, #4 Exhibit O, #5 Exhibit P, #6 Exhibit Q, #7 Exhibit R, #8 Exhibit S, #9 Exhibit Y, #10 Exhibit AA, #11 Exhibit GG, #12 Exhibit HH)Motion or Order to File Under Seal: #238 .(Tenreiro, Jorge) (Entered: 07/01/2020)

Docket(#247) LETTER addressed to Judge P. Kevin Castel from Alison R. Levine dated July 1, 2020 re: Record Supplement in Accordance with Sealing Orders. Document filed by Securities and Exchange Commission. (Attachments: #1 Counter Statement to #75 Rule 56.1 Statement, #2 Exhibit 7 to #43 Letters Rogatory, #3 Exhibit PX1 Exs. A-G to #122 Stewart Decl., #4 Exhibit PX2 Exs. A-I to #122 Stewart Decl., #5 Exhibit PX3 Exs. A-E to #122 Stewart Decl., #6 Exhibit PX4 Exs. A-E to #122 Stewart Decl., #7 Exhibit PX5 and Exs. A-B to #122 Stewart Decl., #8 Exhibit PX7 Exs. A to #122 Stewart Decl., #9 Exhibit PX8 Ex. A to #122 Stewart Decl., #10 Exhibit PX15 to #122 Stewart Decl., #11 Exhibit PX28 to #122 Stewart Decl., #12 Exhibit PX30 to #122 Stewart Decl., #13 Exhibit PX31 to #122 Stewart Decl., #14 Exhibit PX33 to #122 Stewart Decl., #15 Exhibit PX43 to #122 Stewart Decl., #16 Exhibit PX55 to #122 Stewart Decl., #17 Exhibit PX76 to #122 Stewart Decl., #18 Exhibit PX77 to #122 Stewart Decl., #19 Exhibit PX97 to #122 Stewart Decl., #20 Exhibit PX98 to #122 Stewart Decl., #21 Exhibit PX115 to #122 Stewart Decl., #22 Exhibit PX123 to #122 Stewart Decl., #23 Exhibit PX148 to #123 Stewart Decl., #24 Exhibit PX194 to #123 Stewart Decl., #25 Exhibit 1 to #181 Record Supplement, #26 Exhibit 2 to #181 Record Supplement).(Levine, Alison) (Entered: 07/01/2020)

Docket(#246) MEMO ENDORSEMENT on re: #244 Letter filed by Investor E, Investor Z. ENDORSEMENT: The circumstance that this case is settled and closed does not alter the right of public access to judicial documents. This is particularly true because the documents were submitted in support of a request for judicial action upon which a judicial decision was rendered. (Signed by Judge P. Kevin Castel on 7/1/2020) (jwh) (Entered: 07/01/2020)

Docket(#245) MEMO ENDORSEMENT on re: #239 Letter filed by Investor X. ENDORSEMENT: Investor X's letter is deemed a timely motion to reconsider. The Court approves the redactions to PX32 proposed in Doc. 216, finding that Investor X's interest in the confidentiality of its proprietary business information outweighs the public's presumption of access, United States v. Amodeo, 71 F.3d 1044, 1049 (2d Cir. 1995), and that the proposed redactions are narrowly tailored to protect this specific interest. The parties are ordered to file a public version of PX32 complying with this Order. (Signed by Judge P. Kevin Castel on 6/30/2020) (jwh) (Entered: 06/30/2020)

Docket(#8) DECLARATION of Alexander C. Drylewski in Opposition re: #3 EMERGENCY MOTION for Temporary Restraining Order , Order to Show Cause, and Granting Other Relief.EMERGENCY MOTION for Preliminary Injunction and Order to Show Cause.. Document filed by Telegram Group Inc., Ton Issuer Inc.. (Attachments: #1 Exhibit A - October 16, 2019 email from Alexander C. Drylewski to Jorge Tenreiro and Kevin McGrath, #2 Exhibit B - October 16, 2019 email from Jorge Tenreiro to Alexander C. Drylewski, #3 Exhibit C - Subpoenas sent on behalf of the SEC to Defendants on October 11, 2019 and October 16, 2019, #4 Exhibit D - Proposed Order)(Zimmerman, George) (Entered: 10/16/2019)

Docket(#7) RESPONSE in Opposition to Motion re: #3 EMERGENCY MOTION for Temporary Restraining Order , Order to Show Cause, and Granting Other Relief.EMERGENCY MOTION for Preliminary Injunction and Order to Show Cause. . Document filed by Telegram Group Inc., Ton Issuer Inc.. (Zimmerman, George) (Entered: 10/16/2019)

Docket(#6) ORDER TO SHOW CAUSE, TEMPORARY RESTRAINING ORDER, AND ORDER GRANTING EXPEDITED DISCOVERY AND OTHER RELIEF filed by Securities and Exchange Commission. Defendants shall show cause as to why this Court should not enter an Order pursuant to Rule 65 of the Federal Rules of Civil Procedure and Section 20(b) of the Securities Act preliminarily enjoining Defendants and each of their respective agents, servants, employees, attorneys and other persons in active concert or participation with each of them who receive actual notice of the injunction by personal service or otherwise, from any ongoing and future violations of Sections 5(a) and 5(c) of the Securities Act, including but not limited to by delivering Grams to any person or entity or taking any other steps to effect any unregistered offer or sale of Grams. IT IS FURTHER ORDERED that, pending a hearing and determination of the Commission's Application, Defendants, and each of their respective agents, servants, employees, attorneys and other persons in active concert or participation with each of them who receive actual notice of the injunction by personal service or otherwise, are temporarily enjoined and restrained from any ongoing and future violations of Sections 5(a) and 5(c) of the Securities Act, by: (a) without a registration statement in effect as to that security, making use of the means and instruments of transportation or communications in interstate commerce and of the mails to sell securities through the use or means of a prospectus or otherwise; and as further set forth in this order. IT IS FURTHER ORDERED that discovery is expedited as follows: pursuant to Rules 26, 30, 31, 33, 34, 36, and 45 of the Federal Rules of Civil Procedure, and without the requirement of a meeting pursuant to Fed. R. Civ. P. 26(f), and without regard to the limitations of Federal Rules of Civil Procedure 30(a)(2), 30(d), 31(a)(2), and 33(a)(1): (1) the Commission may take the depositions on three (3) calendar days' notice (2) the Commission may obtain the production of documents within four (4) days from by email, facsimile or otherwise, of Defendants' representatives and of representatives of any United States purchasers of Grams; and service by email, facsimile or otherwise of a request or subpoena, from the Defendants or from any United States purchasers of Grams. IT IS FURTHER ORDERED that a copy of this Order and the papers supporting the Commission's Application be served upon Defendants on or before 7pm October 11, 2019 by personal deliver and overnight courier to Defendants' attorney Colleen P. Mahoney, Esq., of Skadden, Arps, Slate, Meagher & Flom, LLP, at 1440 New York Avenue, NW Washington, DC 20005 and by email to colleen.mahoney@skadden.com, and to Defendants' principals by email at ceo@telegram.org or pavel@telegram.org. Show Cause Hearing set for 10/24/2019 at 11:00 AM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel. Defendants shall file on ECF with courtesy copy to chambers Show Cause Response by 10/18/2019. Commission shall file Replies by 10/22/2019 with courtesy copies to chambers.. (Signed by Judge P. Kevin Castel on 10/11/2019) (jwh) (Entered: 10/11/2019)

Docket(#5) DECLARATION of Jorge G. Tenreiro in Support re: #3 EMERGENCY MOTION for Temporary Restraining Order , Order to Show Cause, and Granting Other Relief.EMERGENCY MOTION for Preliminary Injunction and Order to Show Cause.. Document filed by Securities and Exchange Commission. (Tenreiro, Jorge) (Entered: 10/11/2019)

Docket(#4) MEMORANDUM OF LAW in Support re: #3 EMERGENCY MOTION for Temporary Restraining Order , Order to Show Cause, and Granting Other Relief.EMERGENCY MOTION for Preliminary Injunction and Order to Show Cause. . Document filed by Securities and Exchange Commission. (Tenreiro, Jorge) (Entered: 10/11/2019)

Docket(#3) EMERGENCY MOTION for Temporary Restraining Order , Order to Show Cause, and Granting Other Relief., EMERGENCY MOTION for Preliminary Injunction and Order to Show Cause.( Return Date set for 10/18/2019 at 05:00 PM.) Document filed by Securities and Exchange Commission.(Tenreiro, Jorge) (Entered: 10/11/2019)

DocketCase Designated ECF. (jgo) (Entered: 10/11/2019)

DocketMagistrate Judge Sarah Netburn 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: #http://nysd.uscourts.gov/forms.php. (jgo) (Entered: 10/11/2019)

Docket(#2) CIVIL COVER SHEET filed. (jgo) (jgo). (Entered: 10/11/2019)

Docket(#1) COMPLAINT against Telegram Group Inc., Ton Issuer Inc.. Document filed by Securities and Exchange Commission.(jgo) (jgo). (Entered: 10/11/2019)