GMO Gamecenter USA, Inc. et al v. Whinstone US, Corporation

Filing 85

ORDER For the reasons discussed on the record at the August 9, 2023 conference, GMO's machines shall remain powered on through September 13, 2023 at 5:00 p.m. subject to any curtailment requested or required by the Electric Reliability Counsel of Texas. GMO shall pay Whinstone for continuing to host its machines at the same rate as the past several years, and such payment shall be due by September 27, 2023. Finally, to the extent GMO derives any independent value from their machines remai ning in operation at Whinstone's expense, Whinstone may amend its answer to assert any counterclaims based on such unjust enrichment. To the extent necessary, any amended answer shall be due by September 27, 2023. The Clerk of Court is respectfu lly directed to close Docket Number 71. SO ORDERED. Motions terminated: 71 EMERGENCY MOTION for Temporary Restraining Order to Preserve Evidence and the Status Quo. filed by GMO Gamecenter USA, Inc., GMO Internet Group, Inc.. (Signed by Judge John P. Cronan on 8/9/2023) (jca)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------------- X : : GMO GAMECENTER USA, INC. et al., : : Plaintiffs, : : -v: : WHINSTONE US, INC., : : Defendant. : ---------------------------------------------------------------------- X 22 Civ. 5974 (JPC) (KHP) ORDER JOHN P. CRONAN, United States District Judge: For the reasons discussed on the record at the August 9, 2023 conference, GMO’s machines shall remain powered on through September 13, 2023 at 5:00 p.m. subject to any curtailment requested or required by the Electric Reliability Counsel of Texas. GMO shall pay Whinstone for continuing to host its machines at the same rate as the past several years, and such payment shall be due by September 27, 2023. Finally, to the extent GMO derives any independent value from their machines remaining in operation at Whinstone’s expense, Whinstone may amend its answer to assert any counterclaims based on such unjust enrichment. To the extent necessary, any amended answer shall be due by September 27, 2023. The Clerk of Court is respectfully directed to close Docket Number 71. SO ORDERED. Dated: August 9, 2023 New York, New York __________________________________ JOHN P. CRONAN United States District Judge

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