Zhao v. Eqonex Limited — Entry #55: CLERK'S JUDGMENT re: 54 Order
Case: Zhao v. Eqonex Limited nysd · 1:23-cv-03346
filed April 20, 2023
What this document is
Docket entry #55 · filed October 22, 2024
CLERK'S JUDGMENT re: 54 Order. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated October 22, 2024, Plaintiffs' claims are dismissed with prejudice. Judgement is hereby entered in favor of the Defendants and the case is closed. (Signed by Acting Clerk of Court Daniel Ortiz on 10/22/2024) (Attachments: # 1 Notice of right to appeal) (nd) (Entered: 10/22/2024)
Who is involved
- Almira Cemmell
- Bifinity UAB
- Bin Li
- Binance Group
- Daniel Ling
- Eqonex Limited
- Jaime Chaves
- Jonathan Farnell
- Kreig Kinnaman
- Louis Zhao
- Yu Helen Hai
- Zhao Changpeng
Why we have it
We follow this case because it names a company we track, although that company is not a party:
- CleanSpark: its name “CleanSpark, Inc.” appears in a filing in this case.
…........................... 7 Bishins v. CleanSpark, Inc., 2023 WL 112558 (S.D.N.Y. Jan. 5, 2023)…
A free copy from the RECAP archive of federal court filings (mirrored at the Internet Archive), retrieved October 26, 2026. Federal court filings are public records.
Document text
10 page(s), 19,458 characters, converted from the PDF's text layer · plain text.
Full text
Case 1:23-cv-03346-GHW Document 55-1 Filed 10/22/24 Page 1 of 10
United States District Court
Southern District of New York
Daniel Ortiz
Acting Clerk of Court
Dear Litigant:
Enclosed is a copy of the judgment entered in your case. If you disagree with a judgment or
final order of the district court, you may appeal to the United States Court of Appeals for
the Second Circuit. To start this process, file a “Notice of Appeal” with this Court’s Pro Se
Intake Unit.
You must file your notice of appeal in this Court within 30 days after the judgment or order
that you wish to appeal is entered on the Court’s docket, or, if the United States or its officer
or agency is a party, within 60 days after entry of the judgment or order. If you are unable
to file your notice of appeal within the required time, you may make a motion for extension
of time, but you must do so within 60 days from the date of entry of the judgment, or
within 90 days if the United States or its officer or agency is a party, and you must show
excusable neglect or good cause for your inability to file the notice of appeal by the
deadline.
Please note that the notice of appeal is a one-page document containing your name, a
description of the final order or judgment (or part thereof) being appealed, and the name of
the court to which the appeal is taken (the Second Circuit) – it does not include your reasons
or grounds for the appeal. Once your appeal is processed by the district court, your notice
of appeal will be sent to the Court of Appeals and a Court of Appeals docket number will
be assigned to your case. At that point, all further questions regarding your appeal must be
directed to that court.
The filing fee for a notice of appeal is $605 payable in cash, by bank check, certified check,
or money order, to “Clerk of Court, S.D.N.Y.” No personal checks are accepted. Please see
District Court fee schedule at https://www.nysd.uscourts.gov/programs/fees. If you are
unable to pay the $605 filing fee, complete the “Motion to Proceed in Forma Pauperis on
Appeal” form and submit it with your notice of appeal to the Pro Se Intake Unit. If the
district court denies your motion to proceed in forma pauperis on appeal, or has certified
under 28 U.S.C. ' 1915(a)(3) that an appeal would not be taken in good faith, you may file a
motion in the Court of Appeals for leave to appeal in forma pauperis, but you must do so
within 30 days after service of the district court order that stated that you could not
proceed in forma pauperis on appeal.
For additional issues regarding the time for filing a notice of appeal, see Federal Rule of
Appellate Procedure 4(a). There are many other steps to beginning and proceeding with
your appeal, but they are governed by the rules of the Second Circuit Court of Appeals and
the Federal Rules of Appellate Procedure. For more information, visit the Second Circuit
Court of Appeals website at http://www.ca2.uscourts.gov/.
THE DANIEL PATRICK MOYNIHAN THE CHARLES L. BRIEANT, JR.
UNITED STATES COURTHOUSE UNITED STATES COURTHOUSE
500 PEARL STREET 300 QUARROPAS STREET
NEW YORK, NY 10007-1312 WHITE PLAINS, NY 10601-4150
Rev. 5/23/14
Case 1:23-cv-03346-GHW Document 55-1 Filed 10/22/24 Page 2 of 10
U NITED S TATES D ISTRICT C OURT
S OUTHERN D ISTRICT OF N EW Y ORK
(List the full name(s) of the plaintiff(s)/petitioner(s).) _____CV________ ( )( )
-against-
NOTICE OF APPEAL
(List the full name(s) of the defendant(s)/respondent(s).)
Notice is hereby given that the following parties:
(list the names of all parties who are filing an appeal)
in the above-named case appeal to the United States Court of Appeals for the Second Circuit
from the judgment order entered on:
(date that judgment or order was entered on docket)
that:
(If the appeal is from an order, provide a brief description above of the decision in the order.)
*
Dated Signature
Name (Last, First, MI)
Address City State Zip Code
Telephone Number E-mail Address (if available)
*
Each party filing the appeal must date and sign the Notice of Appeal and provide his or her mailing address and telephone
number, EXCEPT that a signer of a pro se notice of appeal may sign for his or her spouse and minor children if they are parties
to the case. Fed. R. App. P. 3(c)(2). Attach additional sheets of paper as necessary.
Rev. 12/23/13
Case 1:23-cv-03346-GHW Document 55-1 Filed 10/22/24 Page 3 of 10
U NITED S TATES D ISTRICT C OURT
S OUTHERN D ISTRICT OF N EW Y ORK
_____CV________ ( )( )
(List the full name(s) of the plaintiff(s)/petitioner(s).)
-against- MOTION FOR EXTENSION
OF TIME TO FILE NOTICE
OF APPEAL
(List the full name(s) of the defendant(s)/respondent(s).)
I move under Rule 4(a)(5) of the Federal Rules of Appellate Procedure for an extension of time
to file a notice of appeal in this action. I would like to appeal the judgment
entered in this action on but did not file a notice of appeal within the required
date
time period because:
(Explain here the excusable neglect or good cause that led to your failure to file a timely notice of appeal.)
Dated: Signature
Name (Last, First, MI)
Address City State Zip Code
Telephone Number E-mail Address (if available)
Rev. 3/27/15
Case 1:23-cv-03346-GHW Document 55-1 Filed 10/22/24 Page 4 of 10
U NITED S TATES D ISTRICT C OURT
S OUTHERN D ISTRICT OF N EW Y ORK
_____CV_________ ( )( )
(List the full name(s) of the plaintiff(s)/petitioner(s).)
-against- MOTION FOR LEAVE TO
PROCEED IN FORMA
PAUPERIS ON APPEAL
(List the full name(s) of the defendant(s)/respondent(s).)
I move under Federal Rule of Appellate Procedure 24(a)(1) for leave to proceed in forma
pauperis on appeal. This motion is supported by the attached affidavit.
Dated Signature
Name (Last, First, MI)
Address City State Zip Code
Telephone Number E-mail Address (if available)
Rev. 12/23/13
Case 1:23-cv-03346-GHW Document 55-1 Filed 10/22/24 Page 5 of 10
Application to Appeal In Forma Pauperis
______________________v. ______________________ Appeal No. __________________
District Court or Agency No. _________________
Affidavit in Support of Motion Instructions
I swear or affirm under penalty of perjury that, Complete all questions in this application and then
because of my poverty, I cannot prepay the docket sign it. Do not leave any blanks: if the answer to a
fees of my appeal or post a bond for them. I believe question is "0," "none," or "not applicable (N/A),"
I am entitled to redress. I swear or affirm under write that response. If you need more space to answer
penalty of perjury under United States laws that my a question or to explain your answer, attach a separate
answers on this form are true and correct. (28 sheet of paper identified with your name, your case's
U.S.C. § 1746; 18 U.S.C. § 1621.) docket number, and the question number.
Signed: _____________________________ Date: _____________________________
My issues on appeal are: (required):
1. For both you and your spouse estimate the average amount of money received from each
of the following sources during the past 12 months. Adjust any amount that was received
weekly, biweekly, quarterly, semiannually, or annually to show the monthly rate. Use
gross amounts, that is, amounts before any deductions for taxes or otherwise.
Income source Average monthly Amount expected next
amount during the past month
12 months
You Spouse You Spouse
Employment $ $ $ $
Self-employment $ $ $ $
Income from real property (such as $ $ $ $
rental income)
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12/01/2013 SCC
Case 1:23-cv-03346-GHW Document 55-1 Filed 10/22/24 Page 6 of 10
Interest and dividends $ $ $ $
Gifts $ $ $ $
Alimony $ $ $ $
Child support $ $ $ $
Retirement (such as social security, $ $ $ $
pensions, annuities, insurance)
Disability (such as social security, $ $ $ $
insurance payments)
Unemployment payments $ $ $ $
Public-assistance (such as welfare) $ $ $ $
Other (specify): $ $ $ $
Total monthly income: $0 $0 $0 $0
2. List your employment history for the past two years, most recent employer first. (Gross
monthly pay is before taxes or other deductions.)
Employer Address Dates of Gross
employment monthly pay
$
$
$
3. List your spouse's employment history for the past two years, most recent employer first.
(Gross monthly pay is before taxes or other deductions.)
Employer Address Dates of Gross
employment monthly pay
$
$
$
-2-
Case 1:23-cv-03346-GHW Document 55-1 Filed 10/22/24 Page 7 of 10
4. How much cash do you and your spouse have? $________
Below, state any money you or your spouse have in bank accounts or in any other
financial institution.
Financial Institution Type of Account Amount you have Amount your
spouse has
$ $
$ $
$ $
If you are a prisoner seeking to appeal a judgment in a civil action or proceeding, you must
attach a statement certified by the appropriate institutional officer showing all receipts,
expenditures, and balances during the last six months in your institutional accounts. If you
have multiple accounts, perhaps because you have been in multiple institutions, attach one
certified statement of each account.
5. List the assets, and their values, which you own or your spouse owns. Do not list clothing
and ordinary household furnishings.
Home Other real estate Motor vehicle #1
(Value) $ (Value) $ (Value) $
Make and year:
Model:
Registration #:
Motor vehicle #2 Other assets Other assets
(Value) $ (Value) $ (Value) $
Make and year:
Model:
Registration #:
-3-
Case 1:23-cv-03346-GHW Document 55-1 Filed 10/22/24 Page 8 of 10
6. State every person, business, or organization owing you or your spouse money, and the
amount owed.
Person owing you or your spouse Amount owed to you Amount owed to your
money spouse
$ $
$ $
$ $
$ $
7. State the persons who rely on you or your spouse for support.
Name [or, if a minor (i.e., underage), initials only] Relationship Age
8. Estimate the average monthly expenses of you and your family. Show separately the
amounts paid by your spouse. Adjust any payments that are made weekly, biweekly,
quarterly, semiannually, or annually to show the monthly rate.
You Your Spouse
Rent or home-mortgage payment (including lot rented for $ $
mobile home)
Are real estate taxes included? [ ] Yes [ ] No
Is property insurance included? [ ] Yes [ ] No
Utilities (electricity, heating fuel, water, sewer, and telephone) $ $
Home maintenance (repairs and upkeep) $ $
Food $ $
Clothing $ $
Laundry and dry-cleaning $ $
Medical and dental expenses $ $
-4-
Case 1:23-cv-03346-GHW Document 55-1 Filed 10/22/24 Page 9 of 10
Transportation (not including motor vehicle payments) $ $
Recreation, entertainment, newspapers, magazines, etc. $ $
Insurance (not deducted from wages or included in mortgage payments)
Homeowner's or renter's: $ $
Life: $ $
Health: $ $
Motor vehicle: $ $
Other: $ $
Taxes (not deducted from wages or included in mortgage $ $
payments) (specify):
Installment payments
Motor Vehicle: $ $
Credit card (name): $ $
Department store (name): $ $
Other: $ $
Alimony, maintenance, and support paid to others $ $
Regular expenses for operation of business, profession, or $ $
farm (attach detailed statement)
Other (specify): $ $
Total monthly expenses: $0 $0
9. Do you expect any major changes to your monthly income or expenses or in your assets
or liabilities during the next 12 months?
[ ] Yes [ ] No If yes, describe on an attached sheet.
10. Have you spent — or will you be spending —any money for expenses or attorney fees in
connection with this lawsuit? [ ] Yes [ ] No
If yes, how much? $ ____________
-5-
Case 1:23-cv-03346-GHW Document 55-1 Filed 10/22/24 Page 10 of 10
11. Provide any other information that will help explain why you cannot pay the docket fees
for your appeal.
12. Identify the city and state of your legal residence.
City __________________________ State ______________
Your daytime phone number: ___________________
Your age: ________ Your years of schooling: ________
Last four digits of your social-security number: _______
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