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AuthWallet, LLC v. Square, Inc.

United States District Court, S.D. New York
Dec 21, 2021
Civil Action 1:21-cv-05463 (S.D.N.Y. Dec. 21, 2021)

Opinion

Civil Action 1:21-cv-05463

12-21-2021

AUTHWALLET, LLC Plaintiff, v. SQUARE, INC. Defendant.

Daniel S. Block Sterne, Kessler, Goldstein & Fox, P.L.L.C.


Daniel S. Block

Sterne, Kessler, Goldstein & Fox, P.L.L.C.

DEFENDANT'S UNOPPOSED MOTION TO SUBSTITUTE PARTY AND AMEND CASE CAPTION

Defendant respectfully moves to substitute Block, Inc. for Square, Inc. as the defendant in this matter and amend the case caption to read AuthWallet, LLC v. Block, Inc., No: 1:21-cv-05463-LJL. Effective December 10, 2021, Defendant's name was changed from Square, Inc. to Block, Inc. The Delaware Secretary of State's certification confirming the change is attached as Exhibit A. In light of this change, Defendant respectfully moves to substitute Block, Inc. for Square, Inc. and amend the case caption accordingly. Counsel for Block have conferred with counsel for AuthWallet and AuthWallet consents to the relief sought in this motion.

Defendant agrees that (i) the existing allegations in AuthWallet's complaint (Dkt. 1) that are asserted against Square, Inc., shall be deemed asserted against Block, Inc.; and (ii) Block, Inc. will be bound by the service of summons effected on Square, Inc. (Dkt. 9) and by all other filings previously made by Square, Inc. in the above-captioned case.

Exhibit A

Delaware

The First State

I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF AMENDMENT OF “SQUARE, INC.”, CHANGING ITS NAME FROM "SQUARE, INC." TO "BLOCK, INC.", FILED IN THIS OFFICE ON THE NINTH DAY OF DECEMBER, A.D. 2021, AT 10:34 O`CLOCK A.M.

AND I DO HEREBY FURTHER CERTIFY THAT THE EFFECTIVE DATE OF THE AFORESAID CERTIFICATE OF AMENDMENT IS THE TENTH DAY OF DECEMBER, A.D. 2021 AT 12:01 O'CLOCK A.M.

CERTIFICATE OF AMENDMENT TO THE

AMENDED AND RESTATED CERTIFICATE OF INCORPORATION

OF

SQUARE, INC.

Square, Inc. (the "Corporation"), a corporation organized and existing under and by virtue of the General Corporation Law of the State of Delaware (the "DGCL"), does hereby certify that:

1. The original Certificate of Incorporation of the Corporation was filed with the Secretary of State of the State of Delaware on June 17, 2009, under the name Seashell, Inc.

2. Pursuant to Section 242 of the DGCL, this Certificate of Amendment to the Amended and Restated Certificate of Incorporation amends the provisions of the Corporation's Amended and Restated Certificate of Incorporation, 3. Pursuant to Section 242 of the DGCL, the Board of Directors of the Corporation duly adopted this Certificate of Amendment.

4. ARTICLE I of the Certificate of Incorporation of the Corporation is hereby amended and restated in its entirety to read as follows:

"The name of the Corporation is Block, Inc."

5. ARTICLE II of the Certificate of Incorporation of the Corporation is hereby amended and restated in its entirety to read as follows:

"The name and address of the Corporation's registered office in the State of Delaware is Corporation Trust Center, 1209 Orange Street, Wilmington, County of New Castle, Delaware, 19801. The name of the Corporation's registered agent at such address is The Corporation Trust Company."

The terms and provisions of this Certificate of Amendment shall become effective at 12:01a.m,, Eastern Time on December 10, 2021.

IN WITNESS WHEREOF, the Corporation has caused this Certificate of Amendment to be signed this 9th day of December, 2021.

SQUARE, INC.


Summaries of

AuthWallet, LLC v. Square, Inc.

United States District Court, S.D. New York
Dec 21, 2021
Civil Action 1:21-cv-05463 (S.D.N.Y. Dec. 21, 2021)
Case details for

AuthWallet, LLC v. Square, Inc.

Case Details

Full title:AUTHWALLET, LLC Plaintiff, v. SQUARE, INC. Defendant.

Court:United States District Court, S.D. New York

Date published: Dec 21, 2021

Citations

Civil Action 1:21-cv-05463 (S.D.N.Y. Dec. 21, 2021)