Balestra v. ATBCOIN LLC et al

Filing 110

ORDER granting 97 Motion to Certify Class. Accordingly, it is hereby ORDERED that the motion to certify the class is granted. The following class is certified: All persons who purchased or otherwise acquired the securities of ATBCoin directl y from ATBCoin between June 12, 2017, and September 15, 2017, inclusive and were damaged thereby (the "Class"). Excluded from the Class are: (i) all Defendants; (ii) all current or former officers, directors or partners of ATB, its affil iates, parents or subsidiaries; any corporation, trust or other entity in which any Defendant has or had a controlling interest; (iii) the members of the immediate families of the Individual Defendants; (iv) the parents, subsidiaries and affiliat es of ATB; (v) the legal representatives, heirs, successors, or assigns of any excluded Person; and (vi) any Person who timely and validly seeks exclusion from the Class in accordance with the requirements of the Notice. IT IS FURTHER ORDERED that pu rsuant to Rule 23(g), Fed. R. Civ. P., Levi and Korsinsky, LLP is appointed to class counsel to the class. IT IS FURTHER ORDERED that Lead Plaintiff shall file a motion for default judgment by November 11, 2022. (Signed by Judge Denise L. Cote on 10/25/2022) (vfr)