Nykaza v. AudioEye Incorporated et al
| Lee Nykaza and Matthew Stapen |
| AudioEye Incorporated, Nathaniel T Bradley and Edward O'Donnell |
| Ralph Saczawa, Sam Gindi, Glen Alvin Morgan, Globis Capital Partners LP and Globis Overseas Fund Limited |
| 2:2015cv00673 |
| April 14, 2015 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| Maricopa |
| David C Bury |
| Other Statutes: Securities/Commodities |
| 15 U.S.C. § 78 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 14, 2015. A more recent docket listing may be available from PACER.
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| Filing 20 NOTICE TO FILER OF DEFICIENCY re: #19 Notice of Appearance/Association of Counsel filed by AudioEye Incorporated, Nathaniel T Bradley. Document entered in wrong case. The correct and LEAD case number is CV-15-00163-TUC-DCB. FOLLOW-UP ACTION REQUIRED: Please refile document in correct case. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KMG) |
| Filing 19 NOTICE of Appearance by Aaron Trachtman Goodman on behalf of AudioEye Incorporated, Nathaniel T Bradley. (Goodman, Aaron) |
Filing 18
ORDER that all pending motions for consolidation are GRANTED. A Master File is established for this proceeding. The Master File shall be CV-15-00163-TUC- DCB. The Clerk shall file all pleadings in the Master File and note such filings on the Master Docket. The caption for the Consolidated Action is changed to: In re AudioEye, Inc. Sec. Litig., No. CV-15-00163-TUC-DCB. Oral argument by telephone conference call on the motions for appointment of lead plaintiff and lead counsel is set for July 21, 2015 at 1:00 p.m. (AZ). Counsel should file a notice of appearance with contact information for that date on or before July 17, 2015. Counsel may also appear in person. Signed by Senior Judge David C Bury on 7/1/2015. (Associated Cases: 4:15-cv-00163-DCB, 2:15-cv-00673-DLR) (MFR)
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Filing 17
ORDER pursuant to General Order 09-08 granting #16 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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| Filing 16 MOTION for Admission Pro Hac Vice as to attorney Ira M Press on behalf of Globis Capital Partners, L.P., and Globis Overseas Fund, Ltd.. (BAS) |
| PRO HAC VICE FEE PAID. $ 35, receipt number PHX159900 as to Ira Michael Press. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 15 MINUTE ENTRY for proceedings held before Senior Judge David C Bury: Telephone Conference held on 6/16/2015. All parties will confer and attempt to reach a stipulated agreement resolving the pending motions to consolidate which will be filed with the Court on or before June 29, 2015. Otherwise the parties should notify the Court by this date that a ruling is required. Hearing held 2:30pm to 2:45pm. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DCB, cl) |
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Filing 14
Pursuant to LRCiv 7.2(f) of the Rules of Practice of the United States District Court for the District of Arizona, IT IS ORDERED setting oral argument for re: #8 MOTION to Consolidate Cases filed by Glen Alvin Morgan, #10 MOTION to Consolidate Cases Memorandum of Points and Authorities in Support of Motion to: (1) Consolidate Related Actions; (2) Appoint Lead Plaintiff; and (3) Approve Lead Plaintiff's Selection of Counsel filed by Matthew Stapen, #11 MOTION to Consolidate Cases Declaration of Richard G. Himelrick in Support of Motion to: (1) Consolidate Related Actions; (2) Appoint Lead Plaintiff; and (3) Approve Lead Plaintiffs' Selection of Counsel filed by Matthew Stapen, #9 MOTION to Consolidate Cases ; Appoint Lead Plaintiff; and Approve Lead Plaintiff's Selection of Counsel filed by Matthew Stapen, #7 MOTION to Consolidate Cases , For Lead Plaintiffs Appointment and For Approval of Their Selection of Lead and Liaison Counsel filed by Sam Gindi, Ralph Saczawa, #12 MOTION to Consolidate Cases Appointment as Lead Plaintiff and Approval of Lead Counsel and Liaison filed by Globis Overseas Fund, Ltd., Globis Capital Partners, L.P. Motion Hearing set for 6/16/2015 at 02:30PM (AZ time) before Judge David C. Bury's law clerk, Cynthia Lorge, by telephonic conference to be initiated by Eugene Goldsmith, Esq., to (520)205-4560 with all appropriate attorneys on the line. Ordered by Senior Judge David C Bury. (DCB, cl)(This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.)
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| Filing 13 DECLARATION of Ira M. Press re: #12 MOTION to Consolidate Cases Appointment as Lead Plaintiff and Approval of Lead Counsel and Liaison by Movants Globis Capital Partners, L.P., Globis Overseas Fund, Ltd.. (Attachments: #1 Exhibit 1-5)(Friedman, Andrew) |
| Filing 12 MOTION to Consolidate Cases Appointment as Lead Plaintiff and Approval of Lead Counsel and Liaison by Globis Capital Partners, L.P., Globis Overseas Fund, Ltd.. (Attachments: #1 Text of Proposed Order) (Associated Cases: CV-15-00673-PHX-DLR,CV-15-00163-TUC-DCB) (Friedman, Andrew) |
| Filing 11 *DECLARATION of Richard G. Himelrick in Support re: #9 MOTION to: (1) Consolidate Related Actions; (2) Appoint Lead Plaintiff; and (3) Approve Lead Plaintiffs' Selection of Counsel by Matthew Stapen. (Attachments: #1 Exhibit 1-5) (Associated Cases: CV-15-00673-PHX-DLR,CV-15-00163-TUC-DCB) (Himelrick, Richard) *Modified from Motion on 6/16/2015* (REW). |
| Filing 10 *MEMORANDUM of Points and Authorities in Support re: #9 MOTION to: (1) Consolidate Related Actions; (2) Appoint Lead Plaintiff; and (3) Approve Lead Plaintiff's Selection of Counsel by Matthew Stapen. (Associated Cases: CV-15-00673-PHX-DLR,CV-15-00163-TUC-DCB) (Himelrick, Richard) *Modified from Motion on 6/16/2015* (REW). |
| Filing 9 MOTION to Consolidate Cases ; Appoint Lead Plaintiff; and Approve Lead Plaintiff's Selection of Counsel by Matthew Stapen. (Attachments: #1 Text of Proposed Order) (Associated Cases: CV-15-00673-PHX-DLR,CV-15-00163-TUC-DCB) (Himelrick, Richard) |
| Filing 8 MOTION to Consolidate Cases by Glen Alvin Morgan. (Attachments: #1 Declaration of Scott H. Zwillinger in Support of Motion, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Text of Proposed Order) (Associated Cases: CV-15-00673-PHX-DLR) (Zwillinger, Scott) |
| Filing 7 *MOTION to Consolidate Cases , For Lead Plaintiffs Appointment and For Approval of Their Selection of Lead and Liaison Counsel by Ralph Saczawa, Sam Gindi. (Attachments: #1 Memorandum of Law, #2 Declaration of Andrei V. Rado, #3 Exhibits to Declaration of Andrei V. Rado, #4 Text of Proposed Order) (Associated Cases: CV-15-00163-TUC-DCB,CV-15-00673-PHX-DLR) (Goldsmith, Eugene) *Modified on 6/16/2015; document not in compliance with LRCiv 7.1(a)* (REW). |
| Filing 6 AMENDED COMPLAINT against All Defendants filed by Matthew Stapen. (Attachments: #1 Exhibit Certification and Authorization of Named Plaintiff Pursuant to Federal Securities Laws, #2 Summons AudioEye, #3 Summons Bradley, #4 Summons O'Donnell)(Himelrick, Richard) |
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Filing 5
ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service. See attached Order for complete details. Signed by Judge Douglas L Rayes on 4/16/2015. (MMO)
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| Filing 4 Summons Issued as to AudioEye Incorporated, Nathaniel T Bradley, Edward O'Donnell. (Attachments: #1 Summons, #2 Summons)(KMG). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 3 Filing fee paid, receipt number 0970-11567949. This case has been assigned to the Honorable Douglas L Rayes. All future pleadings or documents should bear the correct case number: CV-15-00673-PHX-DLR. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (KMG) |
| Filing 2 SUMMONS Submitted by Lee Nykaza. (submitted by Richard Himelrick) (Attachments: #1 Summons, #2 Summons)(KMG) |
| Filing 1 COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-11567949 filed by Lee Nykaza. (submitted by Richard Himelrick) (Attachments: #1 Certification, #2 Civil Cover Sheet)(KMG) |
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