Opinion

Yogaratnam v. Doe

Court
District Court, E.D. Louisiana
Filed
Nov 20, 2024
Cited by
0 cases
Authority
More cited than 33.1%

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF LOUISIANA

JEYSEN ZIVAN YOGARATNAM CIVIL ACTION

VERSUS NO. 24-393

JOHN DOE et al. SECTION: “G”(4)

ORDER AND REASONS

Before the Court is Plaintiff Jeysen Zivan Yogaratnam’s (“Plaintiff”) Motion to Review

Magistrate Judge’s Order Pursuant to Local Rule 72.2.1 In the motion, Plaintiff seeks review of

the Magistrate Judge’s October 29, 2024 Order2 denying him expedited discovery and third-party

subpoenas. Defendants have not entered appearances in this matter. Having considered the motion,

the memorandum in support, the record, and the applicable law, the Court grants the motion.

I. Background

According to the Amended Complaint, Defendants deceived Plaintiff into transferring

approximately $294,215 worth of cryptocurrency into Defendants’ private cryptocurrency wallet

addresses (collectively, “Destination Addresses”) after Defendant 1 a/k/a “Darina Dubois”

fraudulently represented that she was a cryptocurrency investor who would assist Plaintiff in

investing his cryptocurrency.3 Plaintiff allegedly believed he had downloaded a legitimate and

regulated cryptocurrency exchange smartphone application called CTRL-FX, but under the

1 Rec. Doc. 25.

2 Rec. Doc. 24.

3 Rec. Doc. 20 at 1–4.

guidance of Defendant 1, Plaintiff instead downloaded an illegitimate application.4 At the direction

of Defendant 1, Plaintiff began transferring cryptocurrency he held in his Coinbase and Kraken

accounts to what he believed was the legitimate CTRL-FX exchange.5 Plaintiff alleges that the

application was entirely simulated and served as a vehicle of theft for Defendants, giving them a

mechanism to provide Plaintiff with false account statements that masked the fraudulent scheme

Defendants were perpetrating.6 Plaintiff alleges the “CTRL-FX” exchange to which Plaintiff was

sending his cryptocurrency holdings was actually––unbeknownst to Plaintiff––Defendants’ own

private cryptocurrency wallet addresses.7

According to the Complaint, Plaintiff retained CNC Intelligence Inc., a forensic

cryptocurrency tracing expert company, which has traced Plaintiff’s stolen assets to Destination

Addresses believed to be under Defendants’ control.8 Specifically, Plaintiff has identified the

following cryptocurrency wallet addresses held primarily at cryptocurrency exchanges Bitkub,

Binance, Blofin, and Tokenlon.9

4 Id. at 5–6.

5 Id. at 7.

6 Id.

7 Id. at 3.

8 Id. at 9.

9 Rec. Doc. 1-4.

}1 | □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ [| 153.900USDT_

| 1 | Oxc383e037ab6872adae3ec35714b8d8cc46bea867 | 1.063.609 USDT_

| 1 | □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ | 77.763.16356USDT

| 1 | □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ | 3.28654BTC

On February 15, 2024, Plaintiff filed a Complaint, asserting (1) conversion, (2) unjust

enrichment, (3) imposition of constructive trust and disgorgement of funds, and (4) conspiracy

claims against Defendants.!° The Court has diversity jurisdiction over this case because the amount

in controversy exceeds $75,000 and the suit is between Plaintiff, a citizen of Nevada, and

Defendants, citizens of a foreign state.!' Venue is proper in this District because Defendants are

not residents in the United States, and therefore may be sued in any judicial district. !?

On February 22, 2024, Plaintiff filed a Motion for Temporary Restraining Order seeking

to freeze Plaintiffs assets at the specified Destination Addresses held by Defendants.!* On

February 22, 2024, Plaintiff also filed a Motion for Order Authorizing Alternate Service of Process

on Foreign Defendants, seeking to serve Defendants through website posting and Non-Fungible

Token (“NFT”) electronic transfer.'* On February 23, 2024, the Court granted Plaintiff's Motion

10 Rec. Doc. 1 at 8-11.

1 See 28 U.S.C. § 1332(a)(2).

2 See 18 U.S.C. § 1965(a), (b), and 28 U.S.C. § 1391(b), (c). Under 28 U.S.C. § 1391(c)(3), a defendant who

does not reside in the United States—regardless of citizenship—may be sued in any district.

© Rec. Doc. 6.

4 Rec. Doc. 7.

for Temporary Restraining Order and Motion for Alternate Service.15

On March 7, 2024, Plaintiff filed a Notice of Filing Proof of Service, attaching the Affidavit

of Reagan Charleston Thomas (“Ms. Thomas”).16 In the Affidavit, Ms. Thomas states that a copy

of the Temporary Restraining Order was added to the service website, located at

https://usdccourtservice.com/cv-00393/.17 Ms. Thomas states Defendants were served with the

Summons, Complaint, notice of the Preliminary Injunction Hearing, the Temporary Restraining

Order, and a link to the service website via NFT to four Tether (USDT) wallets and three Bitcoin

(BTC) wallets on February 26, 2024.18 Ms. Thomas also states that Plaintiff provided a copy of

the Temporary Restraining Order to Bitkub, Blofin, Binance, and Tokenlon exchanges where the

seven wallets are held.19

On March 8, 2024, the Court held a hearing on whether to convert the Temporary

Restraining Order to a Preliminary Injunction.20 Following the hearing, the Court entered an Order

for Preliminary Injunction.21 On March 22, 2024, Plaintiff filed a Motion for Entry of Default.22

On March 25, 2024, the Clerk of Court entered default against Defendants.23

On May 8, 2024, this Court issued a Final Default Judgment and Permanent Injunction in

15 Rec. Docs. 8, 9.

16 Rec. Doc. 10.

17 Rec. Doc. 10-1 at 3.

18 Id. at 2–4.

19 Id. at 3.

20 Rec. Doc. 11.

21 Rec. Doc. 12.

22 Rec. Doc. 13.

23 Rec. Doc. 14.

Plaintiff’s favor and against Defendant “1” a/k/a “Darina Dubois” and Defendants John Does 1-

20 (collectively, “Defendants”).24 Defendants were served with the Summons, the Complaint, and

the TRO Orders, but did not make any appearances in this matter. The Court found that the well-

pleaded Complaint established that Defendants are liable to Plaintiff for conversion, unjust

enrichment, and imposition of a constructive trust and disgorgement of funds related to

Defendants’ theft of Plaintiff’s cryptocurrency.25 Plaintiff demonstrated that he was entitled to

damages in the amount of $625,455.26.26 The Court also found that Plaintiff was entitled to

permanent injunctive relief and imposition of a constructive trust over the stolen

cryptocurrencies.27 The Court permanently enjoined Defendants from maintaining, using,

operating, or effecting any electronic transactions on Defendants’ wallets where Plaintiff’s

cryptocurrency had been traced.28 The Court found that monetary damages were not an adequate

remedy at law because absent a permanent injunction, Defendants would continue to transfer

Plaintiff’s funds to other wallets, causing Plaintiff irreparable harm.29

On August 7, 2024, Plaintiff moved the Court to set aside the May 8, 2024 judgment and

reopen the case.30 Plaintiff cited new evidence impacting Plaintiff’s ability to collect on the

judgment and shedding new light upon the true identities of Defendants.31 Plaintiff was informed

24 Rec. Doc. 17.

25 Rec. Doc. 16.

26 Id. at 11.

27 Id. at 12.

28 Rec. Doc. 17 at 2.

29 Rec. Doc. 16 at 12.

30 Rec. Doc. 18.

31 Id.

on Tuesday, August 6, 2024, by his cryptocurrency tracing experts, that a large amount of funds

was transferred out of the identified wallet located on the Tokenlon exchange, in violation of the

May 8, 2024 judgment.32 Additionally, Plaintiff’s experts informed Plaintiff that the subject wallet

located on the Tokenlon exchange has been identified in multiple cryptocurrency money

laundering investigations and suits.33 As such, Plaintiff believed that Defendants are cohorts in a

largescale money laundering scam.34

On August 21, 2024, the Court granted the motion and reopened the case pursuant to

Federal Rule of Civil Procedure 60(b)(2) because Plaintiff demonstrated the judgment should be

set aside based on newly discovered evidence that, with reasonable diligence, could not have been

discovered within 29 days after entry of the judgment.35 On September 3, 2024, Plaintiff filed an

Amended Complaint asserting (1) RICO, (2) conversion, (3) unjust enrichment, (4) imposition of

constructive trust and disgorgement of funds, and (5) conspiracy claims against Defendants.36

On October 22, 2024, Plaintiff filed an Ex-Parte Motion for Non-Party Discovery and

Leave to Serve Third-Party Subpoenas.37 The motion was automatically referred to the assigned

Magistrate Judge pursuant to Local Rule 72.1. The Magistrate Judge denied the motion on October

29, 2024.38 On November 8, 2024, Plaintiff filed the instant Motion to Review the Magistrate

32 Id.

33 Id.

34 Id.

35 Rec. Doc. 19.

36 Rec. Doc. 20.

37 Rec. Doc. 23.

38 Rec. Doc. 24.

Judge’s Order Pursuant to Local Rule 72.2.39

II. Plaintiff’s Arguments

Plaintiff moves the Court to reverse the Magistrate Judge’s Order40 denying him the ability

to conduct expedited discovery and serve third-party subpoenas.41 Plaintiff asserts the analysis

applied in the Magistrate Judge’s Order “displays a fundamental misunderstanding of

cryptocurrency and blockchain technology, the facts of the case, and Plaintiff’s forensic expert’s

findings such that ruling based upon this fundamental misunderstanding . . . is clearly erroneous.”42

Plaintiff begins by listing eight “misinterpretation[s] and mischaracterization[s]” of blockchain

and cryptocurrency technology made by the Magistrate Judge.43 Plaintiff argues as follows:

1. The Magistrate Judge’s Order misunderstands that cryptocurrency is an asset

traded on a market, and like other assets, fluctuates in value.44 The value of the

loss is the current market value of the Bitcoin and Tether that was stolen from

Plaintiff, which is detailed in Plaintiff’s expert’s notes.45 Thus, the Magistrate

Judge was mistaken when claiming the report does not provide an explanation

of how the loss was calculated.46

2. The Magistrate Judge’s Order misunderstands the “traceable nature” of

cryptocurrency transactions.47

3. The Magistrate Judge’s Order misunderstands that cryptocurrency exchanges

“require that users register information” and provide identification in

compliance with regulations.48

39 Rec. Doc. 25.

40 Rec. Doc. 24.

41 Rec. Doc. 24.

42 Id. at 7–8.

43 Id. at 8.

44 Id.

45 Id.

46 Id.

47 Id. at 9.

48 Id.

4. The Magistrate Judge’s Order misunderstands that Plaintiff is not seeking

discovery as to “hot wallets,” which would not provide identifying

information.49

5. The Magistrate Judge’s Order does not appreciate that cryptocurrency tracing

is the “most obvious step to identify Defendants.”50

6. The Magistrate Judge’s Order fails to recognize the expert report identifies the

wallet addresses associated with the accounts as possessing information

necessary to identify the Defendants, and that that information has not been

turned over by the exchanges.51

7. The Magistrate Judge’s Order misunderstands that Plaintiff’s transactions

began with a transaction from “genuine accounts on a legitimate exchange,”

which allowed Plaintiff to track the movement of his funds from his account on

a genuine exchange, to the scam exchange, back to Defendants’ wallets on a

genuine exchange.52

8. The Magistrate Judge’s Order incorrectly claims the expert’s report states the

deposit wallets the funds were traced to are “likely” the end points for Plaintiff’s

funds. Instead, the expert report states the funds are “likely” to be moved from

those wallets.53

In addition, Plaintiff claims the Magistrate Judge’s Order failed to conduct a proper good

cause analysis.54 First, Plaintiff claims the Magistrate Judge’s Order failed to consider the entire

record.55 Second, Plaintiff avers the Order overlooks the fact Plaintiff’s Temporary Restraining

Order and Preliminary Injunction were granted, demonstrating likely success on the merits.56

Plaintiff argues this underscores the fact there is good cause to allow expedited discovery.57 Third,

49 Id. at 10.

50 Id.

51 Id.

52 Id. at 11.

53 Id.

54 Id. at 12.

55 Id.

56 Id. at 13.

57 Id.

Plaintiff argues the Order misapplies non-dispositive factors and fails to consider relevant factors

in its good cause analysis.58 Namely, Plaintiff argues he identified Defendants with certainty,59

took efforts to locate the Defendants through tracing,60 would survive a motion to dismiss,61 and

that expedited discovery is likely to lead to identifying information of Defendants.62 Fourth,

Plaintiff states the Magistrate Judge’s Order disregards the severity of the “pig butchering scam

epidemic.”63 Plaintiff argues the interests of justice require expedited discovery in the face of the

widespread impacts of these sophisticated scams.64

II. Legal Standard

A. Standard of Review of a Magistrate Judge’s Ruling

A district judge “may designate a magistrate judge to hear and determine any pretrial matter

pending before the [district] court.”65 A party may file objections to a Magistrate Judge’s Order

“within 14 days after being served with a copy.”66 When objections are raised to non-dispositive

pretrial matters, a district court must consider timely objections and “modify or set aside any part

of the order that is clearly erroneous or contrary to law.”67 Under this highly deferential standard,

58 Id.

59 Id.

60 Id. at 15.

61 Id. at 16.

62 Id.

63 Id. at 18.

64 Id.

65 28 U.S.C. § 636(b)(1)(A).

66 Fed. R. Civ. P. 72(a).

67 Id.

the court will reverse only when “on the entire evidence [it] is left with a definite and firm

conviction that a mistake has been committed.”68

B. Expedited Discovery

Generally, discovery is conducted after a Federal Rule 26(f) conference. However, Rule

26(d) allows expedited discovery prior to a Rule 26(f) conference when “authorized by these rules,

by stipulation, or by court order.” Rule 26(d) does not offer any guidelines on when courts should

grant a request for expedited discovery. Courts generally use “either a preliminary-injunction-style

analysis or the good cause standard to determine whether a part is entitled to conduct expedited

discovery.”69 The Fifth Circuit has not explicitly adopted either of these standards to determine

whether expedited discovery is proper, but many district courts within the Fifth Circuit have

chosen to apply the “good cause” standard.70

“Good cause may be found where the need for expedited discovery, in consideration of the

administration of justice, outweighs the prejudice to the responding party.”71 In conducting this

analysis, courts must examine the discovery request based on the entirety of the record and the

reasonableness of the request considering the circumstances.72 Additional factors courts consider

include “’the breadth of the discovery requests, the purpose for requesting expedited discovery,

the burden on the defendants to comply with the requests and how far in advance of the typical

68 United States v. U.S. Gypsum Co., 333 U.S. 364, 395 (1948).

69 Stockade Cos., LLC v. Kelly Restaurant Grp., LLC, 2017 WL 2635285, at *2 (W.D. Tex., June 19, 2017)

(internal citations and quotations omitted).

70 ELargo Holdings, LLC v. Doe–68.105.146.38, 318 F.R.D. 58, 61 (M.D. La., Dec. 1, 2016) (collecting

cases).

71 Semitool, Inc. v. Tokyo Electron Am., Inc., 208 F.R.D. 273, 276 (N.D. Cal. 2002).

72 BKGTH Prods., LLC v. Does 1-20, 2013 WL 5507297, at *5 (E.D. La., Sept. 13, 2013) (quoting St. Louis

Grp., Inc. v. Metals and Additives Corp., Inc., 275 F.R.D. 236, 239—40 (S.D. Tex., Apr. 26, 2011)).

discovery process the request was made.’”73

When a plaintiff seeks to use expedited discovery to identify a Doe defendant, courts

generally consider if that plaintiff has identified “the missing party with sufficient specificity, the

previous steps taken to locate the elusive defendant, and whether the plaintiff’s claims would

withstand a motion to dismiss.”74 District courts in the Ninth Circuit have additionally given

weight to whether “discovery is likely to lead to identifying information that will permit service

of process.”75

IV. Analysis

Plaintiff seeks review of the Magistrate Judge’s October 29, 2024 Order denying his

Motion for Expedited Discovery and Leave to Serve Third-Party Subpoenas. Specifically, Plaintiff

seeks to serve subpoenas on Bitkub, Binance, Blofin, and Tokenlon for the following information

related to the wallet addresses associated with the alleged theft:

1. Account holder’s name, address, phone number, and email address.

2. Know Your Customer (KYC) and Anti-Money Laundering (AML)

information.

3. Account balances and transaction history to prevent the further dissipation

of Plaintiff’s stolen assets.

4. Records of transfers to/from the relevant wallet addresses to further prevent

the dissipation of Plaintiff’s stolen assets.

In cases involving analogous claims of cryptocurrency theft to this case, “courts have

allowed plaintiffs to conduct expedited discovery to ascertain identifying information . . . with

73 BKGTH Prods., WL 5507297 at *4 (quoting St. Louis, 275 F.R.D. at 240).

74 Mary Kay v. Beyou-Cosmetics storefront of www.ebay.com, No. 21-1074, 2021 WL 2315097, at *1 (N.D.

Tex. June 7, 2021) (quoting Combat Zone Corp. v. Does, 12-2750, 2012 WL 12898022, at *1—2 (S.D. Tex., Sept.

17, 2012)).

75 ZG TOP Tech. Co. Ltd. v. Doe, 2019 WL 917418 (W.D. Wash., Feb. 25, 2019) (citing Bodyguard Prods.,

Inc. v. Doe 1, 2018 WL 1470873, at *1 (W.D. Wash., Mar. 26, 2018)).

respect to the John Doe defendants . . .”76 The Magistrate Judge’s Order in this case bucks this

trend, denying Plaintiff the ability to conduct expedited discovery and serve third-party sobpeonas

in order to attempt to identify the Doe Defendants involved.77 Specifically, the Magistrate’s Order

claims Plaintiff has not met his burden in identifying Doe Defendants 1-4, has not taken measures

to locate Doe Defendants, has not demonstrated his claims would withstand a motion to dismiss,

and has not established the subpoenas would produce identifying information. These conclusions

were factually erroneous. For the reasons set forth below, Plaintiff has demonstrated that expedited

discovery is warranted.

First, to obtain expedited discovery regarding the identity of an unknown Doe defendant,

the plaintiff must identify the Doe defendant with “sufficient specificity [so] that the Court can

determine that the defendant is a real person who can be sued in federal court. . . .”78 Here, Plaintiff

has demonstrably met this burden. Plaintiff has explained that someone must own and operate the

wallets his funds were traced to,79 meaning Doe defendants are real people who can be sued by a

federal court.

Second, Plaintiff demonstrated clear steps taken to locate the Doe Defendants. Plaintiff

hired a forensic analyst to track where his assets went and the identities of the fraudsters.80 The

analyst successfully traced Plaintiff’s funds to wallets contained within four entities: Blofin,

76 Chow v. Defendant “1”, No. 2:24-cv-00480-DJP-DPC, at *5 (E.D. La. Nov. 4, 2024) (collecting cases).

77 See Rec. Doc. 24.

78 ZG TOP Technology Co. Ltd. v. Doe, 2019 WL 917418, at *2 (W.D. Wash., 2019).

79 See Rec. Doc 25 at 2.

80 See Rec. Doc. 20-1.

Bitkub, Tokenlon, and Binance.81 The Magistrate Judge’s Order takes issue with the fact Plaintiff’s

expert prepared letters to send to the exchanges, but there is no evidence Plaintiff sent letters to

the exchanges requesting that they voluntarily release Defendants’ information.82 The Magistrate

Judge appears to have created this requirement from whole cloth. The expert report states the letters

were prepared for Plaintiff to submit to the exchanges, who are expected by the expert to provide

the names and location of Defendants “upon request from law enforcement or a court order.”83

Plaintiff’s expert has taken clear steps to identify Defendants by tracing the funds through the

blockchain. Thus, according to Plaintiff’s expert, Plaintiff has done what is possible up to this

point to locate Defendants. To successfully obtain Doe Defendants identifying information from

the exchanges, it is apparent this Court’s subpoena power is essential.

Third, Plaintiff previously demonstrated his ability to survive a motion to dismiss.

Plaintiff’s Motion for a Temporary Retraining Order, request for Preliminary Injunction, and

Motion for Default Judgment were all granted by this Court.84 In those motions, Plaintiff

demonstrated a substantial likelihood of success on the merits.85 Therefore, Plaintiff has clearly

shown the ability to survive a motion to dismiss.

Fourth, Plaintiff has shown the subpoenas would likely lead to identifying information of

the Doe Defendants. According to Plaintiff’s expert, the exchanges “should provide the names and

locations of the suspects in this case” in response to a “request from law enforcement or a court

81 Id. at 10.

82 Rec. Doc. 24 at 8.

83 Rec. Doc. 20-1 at 8.

84 Rec. Doc. 8; Rec. Doc. 12; Rec. Doc. 17.

85 Rec. Doc. 8; Rec. Doc. 12; Rec. Doc. 17.

order.”86 As Plaintiff’s expert report explains, “Know Your Customer” “processes are . . .

employed by companies of all sizes for the purpose of ensuring their proposed customers, agents,

consultants, or distributors are anti-bribery compliant, and are who they claim to be.”87 As such,

if these exchanges abide by Know Your Customer guidelines, they should be able to provide at

least some relevant information regarding the identities of the Doe Defendants considering the

Doe Defendants should have provided this information to the exchanges when they created their

digital wallets. Therefore, subpoenaing this information will likely lead to identifying information

of the currently unknown Defendants.

Fifth, the Court considers the overarching principle that good cause to grant expedited

discovery “may be found where the need for expedited discovery, in consideration of the

administration of justice, outweighs the prejudice to the responding party” and where the request

is reasonable.88 In this case, reasonableness and the administration of justice requires granting

expedited discovery and issuing third-party subpoenas for Know Your Customer information from

the exchanges Plaintiff listed. Without a court order for this information, Plaintiff possesses no

possible way to begin to identify the individuals involved in the fraudulent scheme he was subject

to. It would be patently unreasonable and a miscarriage of justice to prevent Plaintiff from

conducting basic expedited discovery to learn the identities of the defendants so that he may

attempt to recover the allegedly stolen cryptocurrency. Blofin, Bitkub, Tokenlon, and Binance will

face no prejudice in responding to the third-party subpoena, as this basic identifying information

is easily accessible to them. Collecting the information and providing it only asks the entities to

86 Rec. Doc. 20-1 at 8.

87 Id. at 39.

88 Semitool, Inc. v. Tokyo Electron Am., Inc., 208 F.R.D. 273, 276 (N.D. Cal. 2002).

electronically access and summarize the information associated with the wallets of the alleged

fraudsters.

Finally, other courts have noted that these accounts could have been opened fraudulently,

and there is a potential that the subpoenaed information could create “false positive”

identifications. Potentially innocent persons have the right to keep their information private, while

Plaintiff has the right to identify the persons responsible for the alleged fraud. To balance these

competing concerns, courts have implemented protocols to safeguard the privacy rights of

potentially innocent third parties.89 This Court will implement similar protocols to reduce the

potential prejudice to any potentially innocent third parties, including an order specifying that

Plaintiff may only use the information disclosed in response to the subpoena for the purpose of

protecting and enforcing his rights as set forth in the Amended Complaint.90

89 Chow, No. 2:24-cv-00480-DJP-DPC, at *6 (citing Tyson v. Coinbase Glob., Inc., No. 23-22066, 2024 WL

69929, at *3 (D.N.J. Jan. 4, 2024)).

90 Other courts have limited the discoverable information to only the name, address, telephone number, and

email address of the account holders. See Chow, No. 2:24-cv-00480-DJP-DPC, at *7; Tyson, 2024 WL 69929, at *4.

In Tyson, the Court noted that discovery should be narrowly tailored to the purpose of serving process on the

defendants. Id. Although injunctive relief was mentioned in the complaint, the plaintiff had not filed a motion for a

temporary restraining order. Id. In this case, the Court has already granted a temporary restraining order, preliminary

injunction, and permanent injunction. Therefore, discovery is needed not only for service of process but also for the

purpose of enforcing the orders of this Court. The discovery requested is narrowly tailored to those purposes.

V. Conclusion

Plaintiff has met his burden in identifying Doe Defendants, shown steps to identify those

Doe Defendants, shown he would withstand a motion to dismiss, and has established the subpoenas

would likely produce identifying information of the unknown Defendants. Plaintiff has also

demonstrated that the administration of justice requires expedited discovery and serving subpoenas

on the entities identified. Therefore, Plaintiff has satisfied his burden of showing good cause exists

to conduct expedited discovery. Accordingly, the Magistrate Judge’s Order denying him expedited

discovery and leave to serve third-party subpoenas was clearly erroneous.

Accordingly,

IT IS HEREBY ORDERED that Plaintiff’s Motion to Review Magistrate Judge’s Order

Pursuant to Local Rule 72.291 is GRANTED.

IT IS FURTHER ORDERED that the Magistrate Judge’s October 29, 2024 Order92 is

VACATED. Plaintiff is authorized to serve third-party subpoenas on Bitkub, Binance, Blofin, and

Tokenlon to obtain the following information related to the wallet addresses associated with the

alleged theft:

a. Account holder’s name, address, phone number, and email address.

b. Know Your Customer (KYC) and Anti-Money Laundering (AML) information.

c. Account balances and transaction history.

d. Records of transfers to/from the relevant wallet addresses.

IT IS FURTHER ORDERED that Plaintiff shall attach a copy of this Order to the

subpoena. Bitkub, Binance, Blofin, and Tokenlon shall have thirty days from the service of the

91 Rec. Doc. 25.

92 Rec. Doc. 24.

subpoena to object to or move to quash the subpoena.

Bitkub, Binance, Blofin, and Tokenlon must give notice to the customer(s) to afford them

an opportunity to challenge the subpoena. The customer(s) shall likewise have thirty days from

service of the subpoena to object to or move to quash the subpoena.

Plaintiff may only use the information disclosed in response to a Rule 45 subpoena for the

purpose of protecting and enforcing her rights as set forth in the operative complaint in this matter.

Plaintiff shall forward copies of the responsive information to any Defendant who enters

an appearance in this case.

NEW ORLEANS, LOUISIANA, this 19th” day of November, 2024.

NANNETTE JOMVETTE BROWN

CHIEF JUDGE

UNITED STATES DISTRICT COURT

17

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.