Case Details

CourtSouthern District of New York
Docket number1:14-cv-03063
Date case filed2014-04-30
Date case closed2014-09-16
Date of latest filing
Assigned toJudge Lorna G. Schofield
Case cause18:1962 Racketeering (RICO) Act
Nature of suit470 Racketeer/Corrupt Organization
Jury demandPlaintiff
Demand
JurisdictionFederal Question

Case Parties

Party: Pavel Durov
Party type: Plaintiff
Attorney name: David M. Morris
Attorney Contact:
Fried, Frank, Harris, Shriver & Jacobson
One New York Plaza
New York, NY 10004
212-859-8204
Fax: 212-859-4000
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: James Wilson Dabney
Attorney Contact:
Fried, Frank, Harris, Shriver & Jacobson LLP
One New York Plaza
New York, NY 10004
212-859-8000
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: William G. McGuinness
Attorney Contact:
Fried, Frank, Harris, Shriver & Jacobson LLP
One New York Plaza
New York, NY 10004
212-859-8026
Fax: 212-859-4000
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Telegram Messenger LLP
Party type: Plaintiff
Attorney name: David M. Morris
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: James Wilson Dabney
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: William G. McGuinness
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Dogged Labs Limited
Party type: Plaintiff
Attorney name: David M. Morris
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: James Wilson Dabney
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: William G. McGuinness
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Ilya Sherbovich
Party type: Defendant
Attorney name: Lea Haber Kuck
Attorney Contact:
Skadden, Arps, Slate, Meagher & Flom LLP (NYC)
Four Times Square
New York, NY 10036
(212) 735-3000
Fax: (212) 735-2000
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Colm P. McInerney
Attorney Contact:
Skadden, Arps, Slate, Meagher & Flom LLP (NYC)
Four Times Square
New York, NY 10036
(212) 735-2498
Fax: (917) 777-2498
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Gregory Alan Litt
Attorney Contact:
Skadden, Arps, Slate, Meagher & Flom LLP (NYC)
Four Times Square
New York, NY 10036
(212)-735-2159
Fax: (212)-777-2159
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Timothy Graham Nelson
Attorney Contact:
Skadden, Arps, Slate, Meagher & Flom LLP (NYC)
Four Times Square
New York, NY 10036
(212) 735-2193
Fax: (917) 777-2193
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Ilya Perekopsky
Party type: Defendant
Attorney name: Hagit Muriel Elul
Attorney Contact:
Hughes Hubbard & Reed LLP (NY)
One Battery Park Plaza
New York, NY 10004
(212)-837-6476
Fax: (212)-299-6476
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: John Fellas
Attorney Contact:
Hughes Hubbard & Reed LLP (NY)
One Battery Park Plaza
New York, NY 10004
(212)-837-6075
Fax: (212)-299-6075
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: David Axel Neff
Party type: Defendant
Attorney name: Andrew Charles Levitt
Attorney Contact:
O'Hare Parnagian LLP
82 Wall Street, Suite 300
New York, NY 10005
(212)-425-1401
Fax: (212)-425-1421
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Jeffrey S. Lichtman
Attorney Contact:
O'hare Parnagian LLP
82 Wall Street, Suite 300
New York, NY 10005
(212)-425-1401
Fax: (212)-425-1425
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robert A. O'Hare , Jr.
Attorney Contact:
O'Hare Parnagian LLP
82 Wall Street, Suite 300
New York, NY 10005
(212) 425-1401
Fax: (212) 425-1421
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Yuri Kachuro
Party type: Defendant
Attorney name: Lea Haber Kuck
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Colm P. McInerney
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Gregory Alan Litt
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Timothy Graham Nelson
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Victoria Lazareva
Party type: Defendant
Attorney name: Lea Haber Kuck
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Colm P. McInerney
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Gregory Alan Litt
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Timothy Graham Nelson
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: United Capital Partners
Party type: Defendant
Party: Digital Fortress LLC
Party type: Defendant
Attorney name: Sherman William Kahn
Attorney Contact:
Mauriel Kapouytian Woods
27 W 24th Street, Suite 302
New York, NY 00000
(212)-524-9309
Fax: (212) 529-5132
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Telegram LLC
Party type: Defendant
Attorney name: Sherman William Kahn
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Pictograph LLC
Party type: Defendant
Attorney name: Sherman William Kahn
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: John Does 1-3
Party type: Defendant
Party: United Capital Partners
Party type: Defendant

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12014-04-30 CIVIL COVER SHEET filed. (lcu) (Entered: 05/02/2014)
22014-04-30 COMPLAINT against Digital Fortress LLC, John Does 1-3, Yuri Kachuro, Victoria Lazareva, David Axel Neff, Ilya Perekopsky, Pictograph LLC, Ilya Sherbovich, Telegram LLC, United Capital Partners. (Filing Fee $ 350.00, Receipt Number 465401093851)Document filed by Dogged Labs Limited, Pavel Durov, Telegram Messenger LLP.(lcu) (Additional attachment(s) added on 5/2/2014: # 1 Exhibit 1-3B, # 2 Exhibit 4-40) (lcu). Modified on 5/5/2014 (mqu). (Entered: 05/02/2014)
2.1 Exhibit 1-3
2.2 Exhibit 4
32014-05-02 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Dogged Labs Limited, Telegram Messenger LLP.(McGuinness, William) (Entered: 05/02/2014)
42014-05-08 AFFIDAVIT OF SERVICE of Summons and Complaint,. Digital Fortress LLC served on 5/6/2014, answer due 5/27/2014. Service was accepted by Chad Matice, Business Document Specialist, New York State Deptartment of State. Document filed by Dogged Labs Limited; Pavel Durov; Telegram Messenger LLP. (McGuinness, William) (Entered: 05/08/2014)
52014-05-08 AFFIDAVIT OF SERVICE of Summons and Complaint,. Pictograph LLC served on 5/2/2014, answer due 5/23/2014. Service was accepted by Bridgette McGrory, Process Agent, A Registered Agent, Inc.. Document filed by Dogged Labs Limited; Pavel Durov; Telegram Messenger LLP. (McGuinness, William) (Entered: 05/08/2014)
62014-05-08 AFFIDAVIT OF SERVICE of Summons and Complaint,. Telegram LLC served on 5/2/2014, answer due 5/23/2014. Service was accepted by Bridgette McGrory, Process Agent, A Registered Agent, Inc.. Document filed by Dogged Labs Limited; Pavel Durov; Telegram Messenger LLP. (McGuinness, William) (Entered: 05/08/2014)
72014-05-13 ORDER: Initial Conference set for 6/30/2014 at 11:10 AM in Courtroom 1106 of the United States District Court for the Southern District of New York, Thurgood Marshall U.S. Courthouse at 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 5/13/2014) (kgo) (Entered: 05/13/2014)
82014-05-15 AFFIDAVIT OF SERVICE of Summons and Complaint,. David Axel Neff served on 5/13/2014, answer due 6/3/2014. Service was accepted by Jenny "Doe" (co-tenant). Document filed by Dogged Labs Limited; Pavel Durov; Telegram Messenger LLP. (McGuinness, William) (Entered: 05/15/2014)
92014-05-21 DECLARATION of John A. Borek re: 7 Order for Initial Pretrial Conference, . Document filed by Dogged Labs Limited, Pavel Durov, Telegram Messenger LLP. (Attachments: # 1 Certificate of Service)(McGuinness, William) (Entered: 05/21/2014)
102014-05-27 STIPULATION REGARDING TIME TO RESPOND TO COMPLAINT: IT IS STIPULATED AND AGREED that: (1) The Stipulating Defendants waive any objection to service; (2) The Stipulating Defendants shall have to and including July 3, 2014 to answer, move, or otherwise respond to the Complaint; (3) Plaintiffs and the Stipulating Defendants will negotiate a mutually agreeable briefing schedule, and the Stipulating Defendants agree to grant an extension of time to serve opposing papers at least as long as that provided for in paragraph (2) to Plaintiffs, should one or more of the Stipulating Defendants decide to respond to the Complaint with a motion; (4) By agreeing to this stipulation, Plaintiffs do not agree that Digital Fortress LLC, Telegram LLC, or Pictograph LLC are entitled to retain counsel or otherwise spend assets without approval from Plaintiffs, and reserve all rights with respect thereto; (5) Defendants contend that the preceding reservation of rights is argumentative and not appropriately included in this stipulation; (6) This Stipulation may be signed in counterparts, and signatures transmitted by facsimile, email, or other electronic means shall have the same force and effect as original signatures APPLICATION GRANTED IN PART. Defendants shall file a response to the Complaint by July 3, 2014. Should Defendants elect to file a motion to dismiss in lieu of an Answer, the Parties are directed to submit a proposed briefing schedule in accordance with the Court's Individual Rule III.B.4. (Signed by Judge Lorna G. Schofield on 5/27/2014) (kgo) Modified on 5/28/2014 (kgo). (Entered: 05/28/2014)
112014-06-05 LETTER MOTION for Conference addressed to Judge Lorna G. Schofield from James W. Dabney dated June 5, 2014. Document filed by Dogged Labs Limited, Pavel Durov, Telegram Messenger LLP.(Dabney, James) (Entered: 06/05/2014)
122014-06-06 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT.. Document filed by Digital Fortress LLC, Pictograph LLC, Telegram LLC.(Kahn, Sherman) Modified on 6/6/2014 (lb). (Entered: 06/06/2014)
132014-06-12 ORDER granting 11 Letter Motion for Conference. ENDORSEMENT: APPLICATION GRANTED. The Parties are directed to appear for a conference on June 24, 2014, at 10:30 a.m. Any party or non-party wishing to oppose Plaintiffs' anticipated motion may file a responsive letter, not to exceed three pages, no later than June 17, 2014. (Pre-Motion Conference set for 6/24/2014 at 10:30 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 6/12/2014) (kgo) (Entered: 06/12/2014)
142014-06-13 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent UCP PF Limited for Digital Fortress LLC, Pictograph LLC, Telegram LLC. Document filed by Digital Fortress LLC, Pictograph LLC, Telegram LLC.(Kahn, Sherman) (Entered: 06/13/2014)
152014-06-13 NOTICE OF APPEARANCE by Sherman William Kahn on behalf of Digital Fortress LLC, Pictograph LLC, Telegram LLC. (Kahn, Sherman) (Entered: 06/13/2014)
162014-06-16 NOTICE OF APPEARANCE by Robert A. O'Hare, Jr on behalf of David Axel Neff. (O'Hare, Robert) (Entered: 06/16/2014)
172014-06-16 NOTICE OF APPEARANCE by Andrew Charles Levitt on behalf of David Axel Neff. (Levitt, Andrew) (Entered: 06/16/2014)
182014-06-16 NOTICE OF APPEARANCE by Jeffrey S. Lichtman on behalf of David Axel Neff. (Lichtman, Jeffrey) (Entered: 06/16/2014)
192014-06-26 DECLARATION of David M. Morris in Support of Plaintiffs' Request for Substitute Service . Document filed by Dogged Labs Limited, Pavel Durov, Telegram Messenger LLP. (Attachments: # 1 Exhibit #'s 1-9)(Morris, David) (Entered: 06/26/2014)
202014-06-26 DECLARATION of David M. Morris in Support of Plaintiffs' Request for Substitute Service (Supplemental). Document filed by Dogged Labs Limited, Pavel Durov, Telegram Messenger LLP. (Attachments: # 1 Exhibit #'s 1-2)(Morris, David) (Entered: 06/26/2014)
212014-06-27 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All Parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. This case is to be tried before a jury. All motions to dismiss shall be filed no later than July 31, 2014, opposition papers no later than September 24, 2014, and reply papers no later than October 22, 2014. All motions to dismiss shall be filed on the same date. Any party submitting a reply shall be responsible for providing the Court with a full set of motion papers, as directed in the Court's Individual Rules. By August 25, 2014 and October 23, 2014, the parties shall submit a status letter. Amended Pleadings due by 10/21/2014. Motions due by 7/31/2014. Responses due by 9/24/2014. Replies due by 10/22/2014. Deposition due by 11/21/2014. Fact Discovery due by 11/21/2014. Expert Discovery due by 1/29/2015. Case Management Conference set for 2/18/2015 at 10:30 AM before Judge Lorna G. Schofield. Status Conference set for 1/6/2015 at 10:30 AM before Judge Lorna G. Schofield. Counsel for Plaintiffs and the Served Defendants have conferred and their present best estimate of the length of trial is 1-3 weeks. (Signed by Judge Lorna G. Schofield on 6/27/2014) (kgo) (Entered: 06/27/2014)
222014-06-30 CERTIFICATE OF SERVICE of Declaration of David M. Morris (Docket Entry # 19) and Supplemental Declaration of David M. Morris (Docket Entry # 20) on June 27, 2014. Document filed by Dogged Labs Limited, Pavel Durov, Telegram Messenger LLP. (Morris, David) (Entered: 06/30/2014)
232014-07-01 ORDER GRANTING PLAINTIFFS' MOTION FOR AN ORDER DIRECTING SUBSTITUTED SERVICE: It is hereby ORDERED, that in light of the unavailability and impracticability of service of process upon these Defendants via the Hague Convention, that service of process in this action, on Defendants ILYA SHERBOVICH, ILYA PEREKOPSKY, YURI KACHURO, VICTORIA LAZAREVA, and UNITED CAPITAL PARTNERS shall be deemed effective and complete by service of copies of: (i) the summons; (ii) the Complaint in this action; (iii) the Individual Rules and Procedures for Civil Cases of Judge Lorna G. Schofield; (iv) the Electronic Case Filing Rules and Instructions of the U.S. District Court for the Southern District of New York, and (v) a copy of this Order via electronic mail (collectively, the "Initial Documents") to the following addresses shown herein. It is hereby further ORDERED Plaintiffs shall also send copies of the Initial Documents addressed to each of the above-defendants by international courier service, such as United Parcel Service or Federal Express, to United Capital Partners, Paveletskaya Plaza, 2 Paveletskaya Square, bld 2, Moscow 115054, Russia. (Signed by Judge Lorna G. Schofield on 7/1/2014) (kgo) (Entered: 07/01/2014)
242014-07-01 CERTIFICATE OF SERVICE of Summons, Complaint, Individual Rules of Judge Schofield, SDNY Electronic Case Filing Rules & Instructions, July 1, 2014 Order granting plaintiffs' motion for an order directing substituted service served on Ilya Sherbovich, Ilya Perekopsky, Yuri Kachuro, Victoria Lazareva, United Capital Partners on July 1, 2014. Document filed by Dogged Labs Limited, Pavel Durov, Telegram Messenger LLP. (Morris, David) (Entered: 07/01/2014)
252014-07-07 LETTER MOTION for Local Rule 37.2 Conference regarding premature 30(b)(6) deposition notice addressed to Judge Lorna G. Schofield from Sherman Kahn dated July 7, 2014. Document filed by Digital Fortress LLC.(Kahn, Sherman) (Entered: 07/07/2014)
262014-07-08 LETTER MOTION for Local Rule 37.2 Conference regarding 30(b)(6) deposition notice addressed to Judge Lorna G. Schofield from Andrew C. Levitt dated 7/8/2014. Document filed by David Axel Neff.(Levitt, Andrew) (Entered: 07/08/2014)
272014-07-09 ORDER finding as moot 25 Letter Motion for Local Rule 37.2 Conference: APPLICATION DENIED as moot. The Clerk of Court is directed to close the motions at Docket Nos. 25 and 26. (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna) (Entered: 07/09/2014)
282014-07-10 TRANSCRIPT of Proceedings re: CONFERENCE held on 6/26/2014 before Judge Lorna G. Schofield. Court Reporter/Transcriber: William Richards, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/4/2014. Redacted Transcript Deadline set for 8/14/2014. Release of Transcript Restriction set for 10/14/2014.(Rodriguez, Somari) (Entered: 07/10/2014)
292014-07-10 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 6/26/14 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari) (Entered: 07/10/2014)
302014-07-21 NOTICE OF APPEARANCE by John Fellas on behalf of Ilya Perekopsky. (Fellas, John) (Entered: 07/21/2014)
312014-07-21 NOTICE OF APPEARANCE by Hagit Muriel Elul on behalf of Ilya Perekopsky. (Elul, Hagit) (Entered: 07/21/2014)
322014-07-21 LETTER MOTION for Extension of Time adjourning all dates set forth in the Courts Civil Case Management Plan and Scheduling Order entered on 6/27/14 addressed to Judge Lorna G. Schofield from John Fellas dated July 21, 2014. Document filed by Ilya Perekopsky.(Fellas, John) (Entered: 07/21/2014)
332014-07-24 ORDER granting 32 Letter Motion for Extension of Time: APPLICATION GRANTED. The deadline for any party wishing to file a motion to dismiss is hereby adjourned to September 8, 2014. The non-moving party shall file its opposition no later than November 3, 2014, and replies shall be filed no later than December 1, 2014. All motions to dismiss shall be filed on the same date. Any party submitting a reply is reminded to provide the Court with a full set of motion papers, as directed in the Court's Individual Rules. No further extensions will be granted absent exceptional circumstances. (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna) (Entered: 07/24/2014)
342014-07-25 NOTICE OF APPEARANCE by Lea Haber Kuck on behalf of Yuri Kachuro, Victoria Lazareva, Ilya Sherbovich. (Kuck, Lea) (Entered: 07/25/2014)
352014-07-25 NOTICE OF APPEARANCE by Timothy Graham Nelson on behalf of Yuri Kachuro, Victoria Lazareva, Ilya Sherbovich. (Nelson, Timothy) (Entered: 07/25/2014)
362014-07-25 NOTICE OF APPEARANCE by Gregory Alan Litt on behalf of Yuri Kachuro, Victoria Lazareva, Ilya Sherbovich. (Litt, Gregory) (Entered: 07/25/2014)
372014-07-25 NOTICE OF APPEARANCE by Colm P. McInerney on behalf of Yuri Kachuro, Victoria Lazareva, Ilya Sherbovich. (McInerney, Colm) (Entered: 07/25/2014)
382014-09-04 ORDER finding as moot 26 Letter Motion for Local Rule 37.2 Conference (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna) (Entered: 09/04/2014)
392014-09-08 ORDER: ORDERED that motions to dismiss shall be filed by September 26, 2014. Any oppositions shall be filed by November 19, 2014. Any replies shall be filed by December 17, 2014. No further extensions will be granted absent exceptional circumstances. SO ORDERED. ( Motions due by 9/26/2014., Responses due by 11/19/2014, Replies due by 12/17/2014.) (Signed by Judge Lorna G. Schofield on 9/08/2014) (ama) (Entered: 09/08/2014)
402014-09-16 NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) All Defendants. Document filed by All Plaintiffs. (Morris, David) (Entered: 09/16/2014)
412014-09-17 NOTICE OF DISMISSAL WITH PREJUDICE: Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), Plaintiffs Pavel Durov, Telegram Messenger LLP, and Dogged Labs Limited hereby give notice of their voluntary dismissal of this action against all of the Defendants, with prejudice and without costs or fees to any party. APPLICATION GRANTED. The Clerk of Court is directed to close the case. (Signed by Judge Lorna G. Schofield on 9/17/2014) (ama) (Entered: 09/17/2014)