Khan v. Zort, Inc.
Khan v. Zort, Inc.
2022 WL 19692044 (C.D. Cal. 2022)
November 4, 2022
Rosenberg, Alicia G., United States Magistrate Judge
Summary
The court ordered Plaintiff to produce documentation for each transfer of cryptocurrency he made to Defendants and Defendants to produce documentation for each cryptocurrency deposit they received from Plaintiff's originating wallet address. The documentation should include the date, originating wallet address, amount, destination wallet address, and any other identifying information. Counsel may need to inquire about any time lag between an originating transfer and receipt by the receiving party.
Additional Decisions
Asim Khan
v.
Zort, Inc., et al
v.
Zort, Inc., et al
Case No. CV-21-08681-MWF (AGRx)
United States District Court, C.D. California
Filed November 04, 2022
Counsel
Attorneys Present for Plaintiffs: Eric Bensamochan, Andrew J. Cobos.Attorneys Present for Defendants: Bryan Christopher Swaim, Donald E. Godwin.
Rosenberg, Alicia G., United States Magistrate Judge
Proceedings: ORDER RE: DEFENDANTS' OBJECTIONS AND MOTION TO QUASH PLAINTIFF'S NOTICE OF DEPOSITION (Dkt. No. 39)
*1 Case is called. Counsel state their appearances.
On September 9, 2022, Defendants filed Objections and Motion to Quash Plaintiff's Notice of Deposition of Defendant Adam Iza individually and as the Rule 30(b)(6) designated witness for Defendant Zort, Inc. (Dkt. No. 39.) Defendants objected to Document Request Nos. 3 and 5 in the notice of deposition. Following the Order dated September 12, 2022 (Dkt. No. 42), counsel advised that they had resolved Document Request No. 5 but could not resolve the objections to Document Request No. 3. The court set a telephonic discovery conference on September 23, 2022. Plaintiff filed a request for judicial notice of two filed complaints, which the court granted. (Dkt. Nos. 44, 45.)
By Order dated September 23, 2022, the court denied in part Defendants' motion to quash and ordered as follows:
By October 18, 2022, Defendants shall produce the documents regarding (a) Plaintiff's account(s) with Defendants, including but not limited to the whereabouts of Plaintiff's account(s) and any account statements; (b) any funds transferred to Plaintiff's account with Defendants including but not limited to wire transfer receipts and bank statements evidencing such transfers or deposits; and (c) any funds transferred out of Plaintiff's account, including but not limited to wire transfer receipts, bank statements, or other documents showing who received Plaintiff's funds transferred out of Plaintiff's account(s).
To the extent Plaintiff sought any additional documents, the court set a briefing and hearing schedule. The court referred counsel to the form protective order available on this court's procedures page. (Dkt. No. 45.)
Pursuant to the court's briefing schedule, Plaintiff filed an opposition to Defendants' motion to quash. (Dkt. No. 46.) Plaintiff filed a reply. (Dkt. No. 48.) At the parties' request, the court continued the hearing. (Dkt. No. 51.) Plaintiff filed a declaration that summarized the status of the discovery dispute. (Dkt. No. 53.)
It appears to the court that the parties have not made sufficient progress in complying with the Order dated September 23, 2022. Plaintiff alleges that he made transfers of cryptocurrency (USDC) from his crypto wallet at Coinbase to Defendants. At the hearing, Defendants advised that Plaintiff does not appear on the registrant list.
For the reasons stated on the record, IT IS ORDERED that:
1. On or before November 9, 2022, Plaintiff shall produce documentation for each transfer of cryptocurrency that he made to Defendants and that is at issue in this litigation. The documentation should including the date, originating wallet address, amount, destination wallet address, and any other identifying information.
2. On or before November 22, 2022, Defendants shall produce documentation for (a) each cryptocurrency deposit Defendants received from Plaintiff's originating wallet address; and (b) cryptocurrency deposits received on or about the date(s) of each transfer for which Plaintiff provides documentation pursuant to paragraph 1 above.[1]
*2 3. Counsel shall confer regarding further steps needed to comply with the Order dated September 23, 2022. If counsel cannot agree, counsel shall request a telephonic or zoom discovery conference with the court.
Footnotes
Counsel may need to inquire whether there is a time lag between an originating transfer and receipt by the receiving party.