Ema Financial, LLC v. Vystar Corp.
Plaintiff: Ema Financial, LLC
Defendant: Vystar Corp.
Case Number: 1:2019cv01545
Filed: February 19, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Andrew L Carter
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 bc
Jury Demanded By: None
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Docket Report

This docket was last retrieved on May 16, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 12, 2019 Opinion or Order Filing 41 REPLY re: #12 Order to Show Cause,,,,,,,,, Set Deadlines,,,,,,,, . Document filed by Ema Financial, LLC. (Fleischmann, Jeffrey)
April 11, 2019 Opinion or Order Filing 40 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a argument proceeding held on 3/15/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
April 11, 2019 Opinion or Order Filing 39 TRANSCRIPT of Proceedings re: argument held on 3/15/2019 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/2/2019. Redacted Transcript Deadline set for 5/13/2019. Release of Transcript Restriction set for 7/10/2019.(McGuirk, Kelly)
April 10, 2019 Opinion or Order Filing 38 BRIEF re: #12 Order to Show Cause,,,,,,,,, Set Deadlines,,,,,,,, MOL In Opposition To Partial Summary Judgment. Document filed by Vystar Corp..(Bordetsky, Barry)
April 8, 2019 Opinion or Order Filing 37 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a argument proceeding held on 3/15/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
April 8, 2019 Opinion or Order Filing 36 TRANSCRIPT of Proceedings re: argument held on 3/15/2019 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/29/2019. Redacted Transcript Deadline set for 5/9/2019. Release of Transcript Restriction set for 7/8/2019.(McGuirk, Kelly)
April 5, 2019 Opinion or Order Filing 35 BRIEF re: #12 Order to Show Cause,,,,,,,,, Set Deadlines,,,,,,,, #30 Order,,, Set Deadlines,, Declaration of M. Proulx In Opposition to Motion for Partial Summary Judgment. Document filed by Vystar Corp..(Bordetsky, Barry)
April 5, 2019 Opinion or Order Filing 34 BRIEF re: #12 Order to Show Cause,,,,,,,,, Set Deadlines,,,,,,,, #30 Order,,, Set Deadlines,, Bordetsky Dec and Exhibits In Opposition to Partial Motion for Summary Judgment. Document filed by Vystar Corp.. (Attachments: #1 Exhibit Bordetsky Exh. 1, #2 Exhibit Bordetsky Exh. 2)(Bordetsky, Barry)
April 5, 2019 Opinion or Order Filing 33 OPPOSITION BRIEF re: #12 Order to Show Cause,,,,,,,,, Set Deadlines,,,,,,,, #30 Order,,, Set Deadlines,, Declaration of Steven Rotman and Exhibits In Opposition to Partial Motion for Summary Judgment. Document filed by Vystar Corp.. (Attachments: #1 Exhibit Rotman Dec In Opp, #2 Exhibit Rotman Exh. 1, #3 Exhibit Rotman Exh. 2, #4 Exhibit Rotman Exh. 3, #5 Exhibit Rotman Exh. 4, #6 Exhibit Rotman Exh. 5, #7 Exhibit Rotman Exh. 6, #8 Exhibit Rotman Exh. 7, #9 Exhibit Rotman Exh. 8, #10 Exhibit Rotman Exh. 9, #11 Exhibit Rotman Exh. 10, #12 Exhibit Rotman Exh. 11, #13 Exhibit Rotman Exh. 12, #14 Exhibit Rotman Exh. 13, #15 Exhibit Rotman Exh. 14)(Bordetsky, Barry)
April 5, 2019 Opinion or Order Filing 32 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #38 Brief) - BRIEF re: #12 Order to Show Caus, Set Deadlines, #30 Order, Set Deadlines, MOL In Opposition To Partial Summary Judgment. Document filed by Vystar Corp..(Bordetsky, Barry) Modified on 4/12/2019 (db).
April 5, 2019 Opinion or Order Filing 31 MOTION to Dismiss First and Third Claims for Relief In Complaint. Document filed by Vystar Corp.. Responses due by 4/26/2019 Return Date set for 5/10/2019 at 09:30 AM. (Attachments: #1 Memorandum of Law, #2 Affidavit Bordetsky Dec in Support, #3 Exhibit Bordetsky Exh. 1, #4 Exhibit Bordetsky Exh. 2, #5 Affidavit Rotman Dec. In Support, #6 Exhibit Rotman Exh. 1)(Bordetsky, Barry)
March 18, 2019 Opinion or Order Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: for Preliminary Injunction Hearing held on 3/18/2019. Jeffrey Fleischmann for Plaintiff(s). Barry M. Bordetsky for Defendant(s). See Docket No. 30. (Court Reporter: Khris Sellin) (tdh)
March 15, 2019 Opinion or Order Filing 30 ORDER: Pursuant to the hearing held before the Court on March 15, 2019, Plaintiff's request for a preliminary injunction is DENIED. The Court grants Defendant leave to file its opposition to Plaintiff's Motion for Partial Summary Judgment by April 5, 2019; Plaintiff may file a reply if it deems it necessary by April 12, 2019. Defendant is also granted leave to file a motion to dismiss pursuant to Fed. R. Civ. P. 12(b) by April 5, 2019. Plaintiff's opposition is due on April 26, 2019 and Defendant's reply in support is due May 3, 2019. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 3/15/2019) ( Motions due by 4/5/2019., Responses due by 4/26/2019, Replies due by 5/3/2019.) (ks)
March 14, 2019 Opinion or Order Filing 29 FIRST LETTER addressed to Judge Andrew L. Carter, Jr. from Barry Bordetsky dated March 14, 2019 re: Disclosing Recently Published Decision Relevant to Case. Document filed by Vystar Corp..(Bordetsky, Barry)
March 14, 2019 Opinion or Order Filing 28 SECOND LETTER addressed to Judge Andrew L. Carter, Jr. from Barry Bordetsky dated March 14, 2019 re: Request To Strike Impermissible Reply Submissions. Document filed by Vystar Corp..(Bordetsky, Barry)
March 14, 2019 Opinion or Order Filing 27 LETTER addressed to Judge Andrew L. Carter, Jr. from Jeffrey Fleischmann dated March 14, 2019 re: Response to Defendant's Letter Dated Earlier Today. Document filed by Ema Financial, LLC.(Fleischmann, Jeffrey)
March 14, 2019 Opinion or Order Filing 26 FIRST LETTER addressed to Judge Andrew L. Carter, Jr. from Barry Bordetsky dated March 14, 2019 re: Plaintiff's Impermissible Reply Submissions. Document filed by Vystar Corp..(Bordetsky, Barry)
March 14, 2019 Opinion or Order Filing 25 REPLY AFFIDAVIT of Felicia Preston in Support re: #12 Order to Show Cause,,,,,,,,, Set Deadlines,,,,,,,,. Document filed by Ema Financial, LLC. (Attachments: #1 Exhibit J)(Fleischmann, Jeffrey)
March 14, 2019 Opinion or Order Filing 24 REPLY MEMORANDUM OF LAW re: #12 Order to Show Cause,,,,,,,,, Set Deadlines,,,,,,,, . Document filed by Ema Financial, LLC. (Fleischmann, Jeffrey)
March 13, 2019 Opinion or Order Filing 23 ORDER granting #22 Letter Motion for Extension of Time. The application is granted. (Signed by Judge Andrew L. Carter, Jr on 3/13/2019) (rj)
March 13, 2019 Opinion or Order Set/Reset Deadlines: Vystar Corp. answer due 4/13/2019. (rj)
March 12, 2019 Opinion or Order Filing 22 FIRST LETTER MOTION for Extension of Time to Answer or Otherwise Respond to Complaint addressed to Judge Andrew L. Carter, Jr. from Barry Bordetsky dated March 12, 2019. Document filed by Vystar Corp..(Bordetsky, Barry)
March 7, 2019 Opinion or Order Filing 21 COUNTER STATEMENT TO #8 Rule 56.1 Statement. Document filed by Vystar Corp.. (Bordetsky, Barry)
March 7, 2019 Opinion or Order Filing 20 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Vystar Corp..(Bordetsky, Barry)
March 7, 2019 Opinion or Order Filing 19 DECLARATION of Steven Rotman in Opposition re: #16 FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Andrew L. Carter, Jr. from Barry M. Bordetsky dated 03/01/2019.. Document filed by Vystar Corp.. (Attachments: #1 Exhibit Rotman 1 - Note, #2 Exhibit Rotman 2 - SPA, #3 Exhibit Proof of 3/8/18 Loan, #4 Exhibit Irrev. Transf. Instr., #5 Exhibit Conversion Notices, #6 Exhibit Transfer Notices, #7 Exhibit January 2019 Wire, #8 Exhibit 2/5/19 Email Correction, #9 Exhibit Vystar 2017 SEC 10Q, #10 Exhibit Press Releases Acquire Assets, #11 Exhibit Press Release Retire Debt, #12 Exhibit Opinion Letter, #13 Certificate of Service)(Bordetsky, Barry)
March 7, 2019 Opinion or Order Filing 18 MEMORANDUM OF LAW in Opposition re: #16 FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Andrew L. Carter, Jr. from Barry M. Bordetsky dated 03/01/2019. . Document filed by Vystar Corp.. (Bordetsky, Barry)
March 4, 2019 Opinion or Order Filing 17 ORDER granting #16 Letter Motion for Extension of Time to Answer. The application is granted. (Signed by Judge Andrew L. Carter, Jr on 3/4/2019) (rj)
March 4, 2019 Opinion or Order Set/Reset Deadlines: Show Cause Response due by 3/8/2019. (rj)
March 1, 2019 Opinion or Order Filing 16 FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Andrew L. Carter, Jr. from Barry M. Bordetsky dated 03/01/2019. Document filed by Vystar Corp.. Return Date set for 3/15/2019 at 02:00 PM.(Bordetsky, Barry)
March 1, 2019 Opinion or Order Filing 15 NOTICE OF APPEARANCE by Barry Martin Bordetsky on behalf of Vystar Corp.. (Bordetsky, Barry)
February 22, 2019 Opinion or Order ***NOTICE TO ATTORNEY REGARDING REJECTION OF PROPOSED ORDER. Notice to Attorney Jeffrey Fleischmann re: Document #14 Proposed Order to Show Cause Without Emergency Relief was rejected by the Clerk's Office for the following reason: the document was filed in the wrong case. (km)
February 21, 2019 Opinion or Order Filing 14 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Ema Financial, LLC. (Fleischmann, Jeffrey) Proposed Order to be reviewed by Clerk's Office staff. Modified on 2/22/2019 (km).
February 21, 2019 Opinion or Order Filing 13 AFFIDAVIT OF SERVICE. Document filed by Ema Financial, LLC. (Fleischmann, Jeffrey)
February 21, 2019 Opinion or Order Filing 12 ORDER TO SHOW CAUSE. Let Defendant Vystar Corp., Inc. ("Vystar") show cause before Hon. Andrew L. Carter, Jr. in Courtroom 1306 at the Courthouse located at 40 Foley Square New York, New York on the 15th day of March 2019 at 2:00 p.m. or as soon thereafter as counsel may be heard as to why an Order should not be entered: (i) Pursuant to Fed. R. Civ. P. Rule 65 and 28 U.S.C. 2201, pending final determination of this action against Vystar, requiring Vystar to deliver to plaintiff EMA 20,545,511 shares of its Common Stock in accordance with the Notice of Conversion dated January 15, 2019, and an additional 6,202,508 shares of its Common Stock in accordance with the Notice of Conversion dated February 5, 2019, along with the necessary corporate resolutions, and authorizations, and to accept the contractually required legal opinions furnished to it by EMA to enable EMA to sell such Common Stock publicly without restriction provided that EMA's counsel, shall, in connection with contractually required legal opinions certify within those opinions that its conversion request is in compliance with SEC Rule 144(e)(3)(vi) and to take all steps necessary to effectuate same, and as further specified and set forth in items (ii) and (iii) in this Order to Show Cause. It is: ORDERED that answering papers, if any, must be served on Jeffrey Fleischmann, 150 Broadway, Suite 900, New York, New York 10038, and filed by March 4 2019. Further a hard copy must be delivered to chambers and filed on ECF on the same day; and it is further, ORDERED that service of this Order to Show Cause, together with the papers upon which it is based, and service of the Summons and Complaint, by filing same on ECF and via overnight delivery on Vystar Corp., Inc. 2484 Briarcliff Rd NE, #22, Suite 159 Atlanta, GA 30329, on or before February 22, 2019 at 5:00 p.m. be deemed good and sufficient service. (Show Cause Hearing set for 3/15/2019 at 02:00 PM in Courtroom 1306, 40 Centre Street, New York, NY 10007 before Judge Andrew L. Carter Jr.) (Service due by 2/22/2019. Show Cause Response due by 3/4/2019.) (Signed by Judge Andrew L. Carter, Jr on 2/21/2019) (rjm)
February 20, 2019 Opinion or Order Filing 11 ELECTRONIC SUMMONS ISSUED as to Vystar Corp.. (pne)
February 20, 2019 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pne)
February 20, 2019 Opinion or Order Magistrate Judge Gabriel W. Gorenstein is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pne)
February 20, 2019 Opinion or Order Case Designated ECF. (pne)
February 20, 2019 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #10 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (dt)
February 20, 2019 Opinion or Order ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jeffrey Fleischmann. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1346bc; Citizenship Defendant code 5 (Incorporated/Principal Place of Business-Other State); Dollar Demand $4,226,187,000. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332bc; the Citizenship Defendant code has been modified to 2 (Citizen of Another State); the Dollar Demand has been modified to $9,999,000. (pne)
February 19, 2019 Opinion or Order Filing 10 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Ema Financial, LLC. (Fleischmann, Jeffrey) Proposed Order to be reviewed by Clerk's Office staff.
February 19, 2019 Opinion or Order Filing 9 MEMORANDUM OF LAW re: #5 Proposed Order to Show Cause Without Emergency Relief . Document filed by Ema Financial, LLC. (Fleischmann, Jeffrey)
February 19, 2019 Opinion or Order Filing 8 RULE 56.1 STATEMENT. Document filed by Ema Financial, LLC. (Fleischmann, Jeffrey)
February 19, 2019 Opinion or Order Filing 7 DECLARATION of Jeffrey Fleischmann re: #5 Proposed Order to Show Cause Without Emergency Relief . Document filed by Ema Financial, LLC. (Attachments: #1 Exhibit 1 (Notice))(Fleischmann, Jeffrey)
February 19, 2019 Opinion or Order Filing 6 DECLARATION of Felicia Preston re: #5 Proposed Order to Show Cause Without Emergency Relief . Document filed by Ema Financial, LLC. (Attachments: #1 Exhibit A (Convertible Note), #2 Exhibit B (SPA), #3 Exhibit C (Conversion Notices), #4 Exhibit D (10-Q), #5 Exhibit E (Complaint), #6 Exhibit F (Extension Notice), #7 Exhibit G (Stock Chart), #8 Exhibit H Transfer Agent Letter), #9 Exhibit I (Emails))(Fleischmann, Jeffrey)
February 19, 2019 Opinion or Order Filing 5 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Ema Financial, LLC. (Fleischmann, Jeffrey) Proposed Order to be reviewed by Clerk's Office staff. Modified on 2/19/2019 (dt).
February 19, 2019 Opinion or Order Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Ema Financial, LLC.(Fleischmann, Jeffrey)
February 19, 2019 Opinion or Order Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Vystar Corp., re: #1 Complaint. Document filed by Ema Financial, LLC. (Fleischmann, Jeffrey)
February 19, 2019 Opinion or Order Filing 2 CIVIL COVER SHEET filed. (Fleischmann, Jeffrey)
February 19, 2019 Opinion or Order Filing 1 COMPLAINT against Vystar Corp.. (Filing Fee $ 400.00, Receipt Number ANYSDC-16368219)Document filed by Ema Financial, LLC. (Attachments: #1 Exhibit A (Note), #2 Exhibit B (SPA))(Fleischmann, Jeffrey)
February 19, 2019 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Notice to attorney Jeffrey Fleischmann to RE-FILE Document No. #5 Proposed Order to Show Cause Without Emergency Relief. The filing is deficient for the following reason(s): Is for a Preliminary Injunction and does not include the Bond language, (ADD) Security in the amount of $ _________, will be posted by _______________, then Re-file the document using the event type Proposed Order to Show Cause without Emergency Relief. (dt)

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Defendant: Vystar Corp.
Represented By: Barry Martin Bordetsky
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Plaintiff: Ema Financial, LLC
Represented By: Jeffrey Fleischmann
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