Preview
FILED: NEW YORK COUNTY CLERK 01/29/2024 12:18 PM INDEX NO. 101474/2019
NYSCEF DOC. NO. 260 RECEIVED NYSCEF: 01/29/2024
EXHIBIT XZ.
FILED:6:41NEW YORK Gmail
COUNTY CLERK 01/29/2024 12:18 PM INDEX NO. 101474/2019
1/28/24,PM - LEGAL PAPERS against OPEN ATTACHMENTS IMMEDIATELY Bitt.com in NEW YORK SUPREME CIVIL COURT
NYSCEF DOC. NO. 260 RECEIVED NYSCEF: 01/29/2024
Maggie Trzuskot
LEGAL PAPERS OPEN ATTACHMENTS IMMEDIATELY against Bitt.com in NEW
YORK SUPREME CIVIL COURT
2 messages
Maggie Trzuskot Tue, Jan 23, 2024 at 1:23 PM
To: legal@bitt.com, info@bitt.com
Good Afternoon:
LEGAL SERVICE EFFECTUATED BY EMAIL.
To summarize the legal documents attached:
1. Leave was granted to serve additional/new defendants by Judge Hagler on Motion #006.
2. A Legal Process Server completed service upon Bitt.com on August 19, 2022 via DHL shipment,
registered mail to last known Barbados Address.
3. On August 24th, 2023, Plaintiff moved the Court for default judgment against bitt.com, tZERO.com and
Overstock.com. And has subsequently, renewed.
4. Plaintiff was given permission to re-serve the 2nd Amended Complaint, while Plaintiff s motion to hold all
corporate entities in default of the 1st Amended Complaint is pending. Overstock and tZERO are in default.
Please confirm whether you were in receipt of the first service by registered mail. While the default is
pending (re 1st Amended Complaint), Plaintiff is seeking to hold this e-mail service as sufficient to
effectuate service of 2nd Amended Complaint attached.
First LEGAL Service (re: 1st Amended Complaint) was pursuant to NY BCL section 307:
1. NY BCL Section 307 (a) states
In any case in which a non-domiciliary would be subject to the personal or other jurisdiction
of the courts of this state under article 3 of the civil practice law and rules, a foreign
corporation not authorized to do business in this state is subject to a like jurisdiction. In any
such case, process against such foreign corporation may be served upon the secretary of state
as its..agent-S.uch-pro.cess may issue in any court in this state having iurisdiction-of-the_subject
matter.
(b) service of such process upon the secretary of state shall be made in the manner provided
by subparagraph one or two of this paragraph. Either option of service authorized pursuant to
this paragraph shall be available at no extra cost to the consumer.
(1) personally delivering to and leaving with him or his deputy, or with any person authorized
by the secretary of state to receive such service, at the office of the department of state in the
city of Albany, a copy of such process together with the statutory fee, which fee shall be a
taxable disbursement.
(2) Electronically submitting a copy of the process to the department of state together with the
statutory fee, which fee shall be a taxable disbursement, through an electronic system
operated by the department of state.
Such service shall be sufficient if notice thereof and a copy of the process are:
https://mail.google.com/mail/u/0/?ik=26434bee09&view=pt&search=all&permthid=thread-a:r8460163893653196792&simpl=msg-a:r5332621808240969509&simpl... 1/4
FILED: NEW YORK COUNTY CLERK 01/29/2024 12:18 PM INDEX NO. 101474/2019
1/28/24, 6:41 PM- Gmail LEGAL PAPERS OPEN ATrACHMENTS IMMEDIATELY against Bitt.com in NEW YORK SUPREME CIVIL COURT
NYSCEF DOC. NO. 260 RECEIVED NYSCEF: 01/29/2024
(1) Delivered personally without this state to such foreign corporation by a person and in the
manner authorized to serve process by law of the jurisdiction in which service is made, or
(2) S_eent._by gg_çsp.amtion.hy_r.egistered mail with return
ag.ç.ipl.te.guested, at the post office address specified for the purpose of mailing process, on file in
the department of state, or with any official or body performing the equivalent function, in the
jurisdiction of its incorporation, or if no such address is there specified, to its registered or other
office there specified, or if not such office is there specified, to the last address of such foreign
corporation known to the plaintiff.
(c)1. Where service of a copy of process was effected by personal service, proof of service shall
be by affidavit of compliance with this section file, together with the process, within 30 days after
such service, with the clerk of the court in which the action or special proceeding is pending.
Service of process shall be complete ten days after such papers are filed with the clerk of the
court.
2. Where service of a copy of process was effected by mailing in accordance with this section,
proof of service shall be by affidavit of compliance with this section filed, t_ogether with the
process, within 30 days after receipt of the return receipt signed by the foreign corporation, or
0.ther-official-proof of delivery or of the original envelope mailed. If a copy of the process is
mailed in accordance with this section, there shall be filed with the affidavit of compliance either
the return receipt signed by such foreign corporation or other official proof of delivery or, if
acceptance was refused by it, the original enveloped with a notation by the postal authorities that
acceptance as refused. If acceptance was refused, a copy of the notice and process together with
notice of the mailing by registered mail and refusal to accept shall be promptly sent to such
foreign corporation at the same address by ordinary mail and the affidavit of compliance shall so
state. Service of process shall be complete ten days after such papers are filed with the clerk of
pi-delive-ry-o-f-the_registered-mail-o.r_to-s.ign_th-e-r-e-tum-receip-t-shall
not affect-the validity of the service and such foreign corporation refusing. to accept such
r_egistered-mai shall__be_charged with knowledge of the contents thereof.
(d) Service made as provided in this section shall have the same force as personal service made
within this state.
(e) Nothing gh110_sgry.g_pf_qç.ggs_m_gny_Qther-manner-D.e.Imitt-ed.by.
las
Service in Barbados is subject to the strictures of The Hague Service Convention
1. Barbados does not object to service via Article 10 Methods.
2. Mail service is available.
Local Rules in Barbados (for Service of Claim Form Within Jurisdiction)
1. Article 5.1 (2) provides that service of a claim may be made by electronic means.
2. Article 5.7 provides service on a limited company, which states it may be effected by "(a) by
leaving the claim form at the registered office of the company, (b) by sending the claim form by telex,
FAC or prepaid post or cable addressed to the registered office of the company, or (c) by serving the
https://mail.google.com/mail/u/0/?ik=2b434bee09&view=pt&search=all&permthid=thread-a:r8460163893653196792&simpl=msg-a:r5332621808240969509&simpl... 2/4
FILED:6:41 NEW YORK Gmail
COUNTY CLERK 01/29/2024 12:18 PM INDEX NO. 101474/2019
1/28/24, PM - against LEGAL PAPERS OPEN ATTACHMENTS IMMEDIATELY Bitt.com in NEW YORK SUPREME CIVIL COURT
NYSCEF DOC. NO. 260 RECEIVED NYSCEF: 01/29/2024
claim form personally or on officer or manager of the company at any place of business of the
company which has a real connection with the claim; (d) by serving the claim form personally on any
director, officer, receiver, receiver-manager or liquidator of the company; or (e) in any other way
allowed by any enactment.
3. Article 5.9 provides service on a body corporate, other than a limited company may be effected
(a) by sending the claim by prepaid post to the principal ofEce of the body corporate; or (b) by
serving the claim form personally on any principal officer of the body corporate; or (c) in any other
officer"
way allowed by any enactment. In this Rule "principal means the Chairman or President of
the body, the CEO, Secretary or Treasurer or other similar officer of the body.
4. Proof of postal service via Article 5.11 (1) Service by post should be proved by an affidavit of
service by the person responsible for posting the claim form to the person to be served. (2) The
Affidavit must exhibit a copy of the claim form served and state (a) The date and time of posting; and
(b) the address written on the relevant envelope or package.
5. Further, Article 5.13 provides for alternate methods of service wherein a claimant chooses an
alternate method of service aside from personal service, the party must file evidence on affidavit
proving the method of service was sufficient.
6. Further, Article 5.14 provides for power of the court to make an order for service by a specified
method.
7. Further, Article 5.17 provides Service of claim form on agent of principal who is overseas, which
provides that "...must send to the defendant at his address out of the jurisdiction by prepaid ordinary
post copies of the order, claim form, and statement of claim, where relevant.
8. Article 5.19 provides deemed date of service - where a claim form is served within
Further, (1)
the jurisdiction by prepaid post, it is deemed to be served, unless the contrary is shown, on the date
ascertained by the application of rule 6.6; (3) Where an acknowledgment of service or a defense is
filed, whether or not the claim form has been duly served, the claimant may (a) if he so wishes, treat
the date of the filing of the acknowledgment of service or defence as the date of service; or (b) if
either of those documents, that is the acknowledgment of service or the defence, acknowledge some
earlier date as the date of service, treat that earlier date as the date of service.; (4) A claimant may file
evidence by affidavit to prove that service was effected on a date earlier than a date on which, by
these Rules, it is deemed to have been effected.
https://mail.google.com/mail/u/0/?ik=2b434bee09&view=pt&search=all&permthid=thread-a:r8460163893653196792&simpl=msg-a:r5332621808240969509&simpl... 3/4
FILED:6:41 NEW YORK Gmail
COUNTY CLERK 01/29/2024 12:18 PM INDEX NO. 101474/2019
1/28/24, PM - IMMEDIATELY against Bitt.com in NEW YORK
LEGAL PAPERS OPEN ATTACHMENTS SUPREME CIVIL COURT
NYSCEF DOC. NO. 260 RECEIVED NYSCEF: 01/29/2024
[1]
Barbados Supreme Court Civil Procedure Rules 2008, http://104.238.85.55/en/ShowPdf/2008 66.pdf
.
[1]
Convention of the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial
Matters (1965), Article 10 https://assets.hcch.net/docs/f4520725-8cbd-4c71-b402-5aae1994d14c.pdf
and https://www.haguelawblog.com/2021/11/how-to-serve-process-in-barbados/
6 attachments
101474 2019 MAGDALENA TRZUSKOT v CARL JOHANN JOHNSON et al AFFIRMATION
AFFIDA-V_63.pdf
273K
101474_2019_MAGDALENA_TRZUSKOT_v_CARL_JOHANN_JOHNSON_et_al_EXHIBIT_S__64.pdf
17K
101474_2019_MAGDALENA_TRZUSKOT_v_CARL_JOHANN_JOHNSON_et_al_NOTICE_OF_ENTRY_57
(1).pdf
98K
101474_2019_MAGDALENA_TRZUSKOT_v_CARL_JOHANN_JOHNSON_et_al_EXHIBIT_S_179 (1).pdf
918K
101474_2019_MAGDALENA_TRZUSKOT_v_CARL_JOHANN_JOHNSON_et_al_NOTICE_OF_ENTRY_193.pdf
509K
101474_2019_MAGDALENA_TRZUSKOT_v_CARL_JOHANN_JOHNSON_et_al_EXHIBIT_S_194.pdf
867K
Maggie Trzuskot Tue, Jan 23, 2024 at 5:07 PM
To: legal@bitt.com, info@bitt.com
Hello:
The initial process service appears to have been completed pursuant to NY CPLR section 312-A. see
link: https://law.justia.com/codes/new-york/2022/cvp/article-3/312-a/.
receipt"
I am writing to confirm whether the Process Server included the Form "acknowledgment of or whether you willfully
defaulted.
Thank you,
Maggie
[Quoted text hidden]
https://mail.google.com/mail/u/0/?ik=2b434bee09&view-pt&search=all&permthid=thread-a:r8460163893653196792&simpl=msg-a:r5332621808240969509&simpl... 4/4
Preview
FILED: NEW YORK COUNTY CLERK 01/29/2024 12:18 PM INDEX NO. 101474/2019 NYSCEF DOC. NO. 260 RECEIVED NYSCEF: 01/29/2024 EXHIBIT XZ. FILED:6:41NEW YORK Gmail COUNTY CLERK 01/29/2024 12:18 PM INDEX NO. 101474/2019 1/28/24,PM - LEGAL PAPERS against OPEN ATTACHMENTS IMMEDIATELY Bitt.com in NEW YORK SUPREME CIVIL COURT NYSCEF DOC. NO. 260 RECEIVED NYSCEF: 01/29/2024 Maggie Trzuskot LEGAL PAPERS OPEN ATTACHMENTS IMMEDIATELY against Bitt.com in NEW YORK SUPREME CIVIL COURT 2 messages Maggie Trzuskot Tue, Jan 23, 2024 at 1:23 PM To: legal@bitt.com, info@bitt.com Good Afternoon: LEGAL SERVICE EFFECTUATED BY EMAIL. To summarize the legal documents attached: 1. Leave was granted to serve additional/new defendants by Judge Hagler on Motion #006. 2. A Legal Process Server completed service upon Bitt.com on August 19, 2022 via DHL shipment, registered mail to last known Barbados Address. 3. On August 24th, 2023, Plaintiff moved the Court for default judgment against bitt.com, tZERO.com and Overstock.com. And has subsequently, renewed. 4. Plaintiff was given permission to re-serve the 2nd Amended Complaint, while Plaintiff s motion to hold all corporate entities in default of the 1st Amended Complaint is pending. Overstock and tZERO are in default. Please confirm whether you were in receipt of the first service by registered mail. While the default is pending (re 1st Amended Complaint), Plaintiff is seeking to hold this e-mail service as sufficient to effectuate service of 2nd Amended Complaint attached. First LEGAL Service (re: 1st Amended Complaint) was pursuant to NY BCL section 307: 1. NY BCL Section 307 (a) states In any case in which a non-domiciliary would be subject to the personal or other jurisdiction of the courts of this state under article 3 of the civil practice law and rules, a foreign corporation not authorized to do business in this state is subject to a like jurisdiction. In any such case, process against such foreign corporation may be served upon the secretary of state as its..agent-S.uch-pro.cess may issue in any court in this state having iurisdiction-of-the_subject matter. (b) service of such process upon the secretary of state shall be made in the manner provided by subparagraph one or two of this paragraph. Either option of service authorized pursuant to this paragraph shall be available at no extra cost to the consumer. (1) personally delivering to and leaving with him or his deputy, or with any person authorized by the secretary of state to receive such service, at the office of the department of state in the city of Albany, a copy of such process together with the statutory fee, which fee shall be a taxable disbursement. (2) Electronically submitting a copy of the process to the department of state together with the statutory fee, which fee shall be a taxable disbursement, through an electronic system operated by the department of state. Such service shall be sufficient if notice thereof and a copy of the process are: https://mail.google.com/mail/u/0/?ik=26434bee09&view=pt&search=all&permthid=thread-a:r8460163893653196792&simpl=msg-a:r5332621808240969509&simpl... 1/4 FILED: NEW YORK COUNTY CLERK 01/29/2024 12:18 PM INDEX NO. 101474/2019 1/28/24, 6:41 PM- Gmail LEGAL PAPERS OPEN ATrACHMENTS IMMEDIATELY against Bitt.com in NEW YORK SUPREME CIVIL COURT NYSCEF DOC. NO. 260 RECEIVED NYSCEF: 01/29/2024 (1) Delivered personally without this state to such foreign corporation by a person and in the manner authorized to serve process by law of the jurisdiction in which service is made, or (2) S_eent._by gg_çsp.amtion.hy_r.egistered mail with return ag.ç.ipl.te.guested, at the post office address specified for the purpose of mailing process, on file in the department of state, or with any official or body performing the equivalent function, in the jurisdiction of its incorporation, or if no such address is there specified, to its registered or other office there specified, or if not such office is there specified, to the last address of such foreign corporation known to the plaintiff. (c)1. Where service of a copy of process was effected by personal service, proof of service shall be by affidavit of compliance with this section file, together with the process, within 30 days after such service, with the clerk of the court in which the action or special proceeding is pending. Service of process shall be complete ten days after such papers are filed with the clerk of the court. 2. Where service of a copy of process was effected by mailing in accordance with this section, proof of service shall be by affidavit of compliance with this section filed, t_ogether with the process, within 30 days after receipt of the return receipt signed by the foreign corporation, or 0.ther-official-proof of delivery or of the original envelope mailed. If a copy of the process is mailed in accordance with this section, there shall be filed with the affidavit of compliance either the return receipt signed by such foreign corporation or other official proof of delivery or, if acceptance was refused by it, the original enveloped with a notation by the postal authorities that acceptance as refused. If acceptance was refused, a copy of the notice and process together with notice of the mailing by registered mail and refusal to accept shall be promptly sent to such foreign corporation at the same address by ordinary mail and the affidavit of compliance shall so state. Service of process shall be complete ten days after such papers are filed with the clerk of pi-delive-ry-o-f-the_registered-mail-o.r_to-s.ign_th-e-r-e-tum-receip-t-shall not affect-the validity of the service and such foreign corporation refusing. to accept such r_egistered-mai shall__be_charged with knowledge of the contents thereof. (d) Service made as provided in this section shall have the same force as personal service made within this state. (e) Nothing gh110_sgry.g_pf_qç.ggs_m_gny_Qther-manner-D.e.Imitt-ed.by. las Service in Barbados is subject to the strictures of The Hague Service Convention 1. Barbados does not object to service via Article 10 Methods. 2. Mail service is available. Local Rules in Barbados (for Service of Claim Form Within Jurisdiction) 1. Article 5.1 (2) provides that service of a claim may be made by electronic means. 2. Article 5.7 provides service on a limited company, which states it may be effected by "(a) by leaving the claim form at the registered office of the company, (b) by sending the claim form by telex, FAC or prepaid post or cable addressed to the registered office of the company, or (c) by serving the https://mail.google.com/mail/u/0/?ik=2b434bee09&view=pt&search=all&permthid=thread-a:r8460163893653196792&simpl=msg-a:r5332621808240969509&simpl... 2/4 FILED:6:41 NEW YORK Gmail COUNTY CLERK 01/29/2024 12:18 PM INDEX NO. 101474/2019 1/28/24, PM - against LEGAL PAPERS OPEN ATTACHMENTS IMMEDIATELY Bitt.com in NEW YORK SUPREME CIVIL COURT NYSCEF DOC. NO. 260 RECEIVED NYSCEF: 01/29/2024 claim form personally or on officer or manager of the company at any place of business of the company which has a real connection with the claim; (d) by serving the claim form personally on any director, officer, receiver, receiver-manager or liquidator of the company; or (e) in any other way allowed by any enactment. 3. Article 5.9 provides service on a body corporate, other than a limited company may be effected (a) by sending the claim by prepaid post to the principal ofEce of the body corporate; or (b) by serving the claim form personally on any principal officer of the body corporate; or (c) in any other officer" way allowed by any enactment. In this Rule "principal means the Chairman or President of the body, the CEO, Secretary or Treasurer or other similar officer of the body. 4. Proof of postal service via Article 5.11 (1) Service by post should be proved by an affidavit of service by the person responsible for posting the claim form to the person to be served. (2) The Affidavit must exhibit a copy of the claim form served and state (a) The date and time of posting; and (b) the address written on the relevant envelope or package. 5. Further, Article 5.13 provides for alternate methods of service wherein a claimant chooses an alternate method of service aside from personal service, the party must file evidence on affidavit proving the method of service was sufficient. 6. Further, Article 5.14 provides for power of the court to make an order for service by a specified method. 7. Further, Article 5.17 provides Service of claim form on agent of principal who is overseas, which provides that "...must send to the defendant at his address out of the jurisdiction by prepaid ordinary post copies of the order, claim form, and statement of claim, where relevant. 8. Article 5.19 provides deemed date of service - where a claim form is served within Further, (1) the jurisdiction by prepaid post, it is deemed to be served, unless the contrary is shown, on the date ascertained by the application of rule 6.6; (3) Where an acknowledgment of service or a defense is filed, whether or not the claim form has been duly served, the claimant may (a) if he so wishes, treat the date of the filing of the acknowledgment of service or defence as the date of service; or (b) if either of those documents, that is the acknowledgment of service or the defence, acknowledge some earlier date as the date of service, treat that earlier date as the date of service.; (4) A claimant may file evidence by affidavit to prove that service was effected on a date earlier than a date on which, by these Rules, it is deemed to have been effected. https://mail.google.com/mail/u/0/?ik=2b434bee09&view=pt&search=all&permthid=thread-a:r8460163893653196792&simpl=msg-a:r5332621808240969509&simpl... 3/4 FILED:6:41 NEW YORK Gmail COUNTY CLERK 01/29/2024 12:18 PM INDEX NO. 101474/2019 1/28/24, PM - IMMEDIATELY against Bitt.com in NEW YORK LEGAL PAPERS OPEN ATTACHMENTS SUPREME CIVIL COURT NYSCEF DOC. NO. 260 RECEIVED NYSCEF: 01/29/2024 [1] Barbados Supreme Court Civil Procedure Rules 2008, http://104.238.85.55/en/ShowPdf/2008 66.pdf . [1] Convention of the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (1965), Article 10 https://assets.hcch.net/docs/f4520725-8cbd-4c71-b402-5aae1994d14c.pdf and https://www.haguelawblog.com/2021/11/how-to-serve-process-in-barbados/ 6 attachments 101474 2019 MAGDALENA TRZUSKOT v CARL JOHANN JOHNSON et al AFFIRMATION AFFIDA-V_63.pdf 273K 101474_2019_MAGDALENA_TRZUSKOT_v_CARL_JOHANN_JOHNSON_et_al_EXHIBIT_S__64.pdf 17K 101474_2019_MAGDALENA_TRZUSKOT_v_CARL_JOHANN_JOHNSON_et_al_NOTICE_OF_ENTRY_57 (1).pdf 98K 101474_2019_MAGDALENA_TRZUSKOT_v_CARL_JOHANN_JOHNSON_et_al_EXHIBIT_S_179 (1).pdf 918K 101474_2019_MAGDALENA_TRZUSKOT_v_CARL_JOHANN_JOHNSON_et_al_NOTICE_OF_ENTRY_193.pdf 509K 101474_2019_MAGDALENA_TRZUSKOT_v_CARL_JOHANN_JOHNSON_et_al_EXHIBIT_S_194.pdf 867K Maggie Trzuskot Tue, Jan 23, 2024 at 5:07 PM To: legal@bitt.com, info@bitt.com Hello: The initial process service appears to have been completed pursuant to NY CPLR section 312-A. see link: https://law.justia.com/codes/new-york/2022/cvp/article-3/312-a/. receipt" I am writing to confirm whether the Process Server included the Form "acknowledgment of or whether you willfully defaulted. Thank you, Maggie [Quoted text hidden] https://mail.google.com/mail/u/0/?ik=2b434bee09&view-pt&search=all&permthid=thread-a:r8460163893653196792&simpl=msg-a:r5332621808240969509&simpl... 4/4