Pignatelli v. MSP Recovery, Inc. F/K/A Lionheart Acquisition Corp. II et al
| Joseph Pignatelli |
| MSP Recovery, Inc. F/K/A Lionheart Acquisition Corp. II, John H. Ruiz, Calvin Hamstra, Ricardo Rivera, OPHIR STERNBERG, James Anderson, Thomas Byrne, Thomas Hawkins, Roger Meltzer, Alexandra Plasencia, Frank C. Quesada, Beatriz Assapimonwait, Michael F. Arrigo, MSP Recovery, Inc., Lionheart Acquisition Corp., II and Rosen Law Firm |
| 1:2023cv23224 |
| August 23, 2023 |
| US District Court for the Southern District of Florida |
| Cecilia M Altonaga |
| Melissa Damian |
| Securities/Commodities |
| 15 U.S.C. § 0078 Securities Exchange Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 17, 2023. A more recent docket listing may be available from PACER.
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| Filing 30 Defendant's REPLY to Response to Motion re #5 Plaintiff's MOTION for Order to Show Cause that Plaintiff Pignatelli or any Putative Class Member was not Solicited in Violation of Applicable Rules filed by MSP Recovery, Inc.. (Attachments: #1 Exhibit A - Other Unapproved Florida Press Releases, #2 Exhibit B - Official Retractions of Press Releases, #3 Exhibit C - Burgerfi Dismissal)(Zincone, Francesco) |
Filing 29
PAPERLESS ORDER granting #28 Defendants' Motion for Extension of Time to File Reply in Support of Motion for Order to Show Cause. Finding good cause for the requested four-day extension of time, it is ORDERED that the Motion is GRANTED. Accordingly, Defendants shall file their Reply in support of the #5 Motion for Order to Show Cause on or before October 17, 2023, which is an extension of one-week from the original filing deadline of October 10, 2023. Signed by Magistrate Judge Melissa Damian on 10/13/2023. (oco)
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| Filing 28 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #23 Response in Opposition to Motion,,,,,,,,,, by MSP Recovery, Inc.. (Zincone, Francesco) |
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Filing 27
PAPERLESS ORDER denying #24 Defendants' Motion for Discovery in Connection with November 1, 2023 Evidentiary Hearing on Defendants' Motion for Order to Show Cause. The parties shall appear as directed in the Court's September 26, 2023 Order Providing Instructions for Evidentiary Hearing [ECF No. 22]. Signed by Magistrate Judge Melissa Damian on 10/11/2023. (oco)
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Filing 26
PAPERLESS ORDER granting #25 Defendants' Motion for Extension of Time to File Reply In Support of Motion for Order to Show Cause. Finding good cause for the requested three-day extension of time, it is ORDERED that the Motion is GRANTED. Accordingly, Defendants shall file their Reply in support of the #5 Motion for Order to Show Cause on or before October 13, 2023. Signed by Magistrate Judge Melissa Damian on 10/10/2023. (oco)
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| Filing 25 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #23 Response in Opposition to Motion,,,,,,,,,, by MSP Recovery, Inc.. (Zincone, Francesco) |
| Filing 24 Defendant's MOTION for Discovery by MSP Recovery, Inc.. Responses due by 10/23/2023 (Attachments: #1 Exhibit Conferral Email Chain with Mr. Brian Tannebaum)(Zincone, Francesco) |
| Set/Reset Deadlines as to #5 Defendants' MOTION for Order to Show Cause that Plaintiff Pignatelli or any Putative Class Member was not Solicited in Violation of Applicable Rules. Replies due by 10/10/2023. (oco) |
| Filing 23 RESPONSE in Opposition re #5 Plaintiff's MOTION for Order to Show Cause that Plaintiff Pignatelli or any Putative Class Member was not Solicited in Violation of Applicable Rules filed by Joseph Pignatelli. Replies due by 10/10/2023. (Attachments: #1 Exhibit Declaration of Laurence M. Rosen, #2 Exhibit table of contents for exhibits, #3 Exhibit Exhibit 1- Late Filing Notice, #4 Exhibit Exhibit 2- Restatement Announcement, #5 Exhibit Exhibit 3- CFO Resignation, #6 Exhibit Exhibit 4- July 30, 2023 Miami Herald Article, #7 Exhibit Exhibit 5- Announcement of SEC investigation, #8 Exhibit Exhibit 6- August 1-2 stock reports, #9 Exhibit Exhibit 7- August 4, 2023 Rosen Law Firm press release, #10 Exhibit Exhibit 8- Press Releases from other law firms, #11 Exhibit Exhibit 9- August 25, 2023 Letter, #12 Exhibit Exhibit 10- August 28, 2023 Email Exchange, #13 Exhibit Exhibit 11- Florida Bar Submission, #14 Exhibit Exhibit 12- August 5, 2023 Rosen Law firm press release, #15 Exhibit Exhibit 13- August 17, 2023 Rosen Law Firm Press Release, #16 Exhibit Exhibit 14- August 23, 2023 Press Release Issued Pursuant to PSLRA, #17 Exhibit Exhibit 15- Email from Jonathan Grabb to Phillip Kim, #18 Exhibit Exhibit 16- Rosen Law Firm Website Page on MSP Recovery, #19 Exhibit Exhibit 17- Rosen Law Firm Resume, #20 Exhibit Exhibit 18- 2013 ISS Top 50 Report, #21 Exhibit Exhibit 19- 2014 ISS Top 50 Report, #22 Exhibit Exhibit 20- 2015 ISS Top 50 Report, #23 Exhibit Exhibit 21- 2016 ISS Top 50 Report, #24 Exhibit Exhibit 22- 2017 ISS Top 50 Report, #25 Exhibit Exhibit 23- 2018 ISS Top 50 Report, #26 Exhibit Exhibit 24- 2019 ISS Top 50 Report, #27 Exhibit Exhibit 25- 2020 ISS Top 50 Report, #28 Exhibit Exhibit 26- 2021 ISS Top 50 Report, #29 Exhibit Exhibit 27- 2022 ISS Top 50 Report, #30 Exhibit Exhibit 28- ISS Report on the Top 100 U.S. Class Action Settlements of All Time, #31 Exhibit Exhibit 29- Cano v. MSP Recovery Complaint, #32 Exhibit Exhibit 30- April 29, 2022 Registration Statement, #33 Exhibit Exhibit 31- May 23 and 24, 2022 Stock Report, #34 Exhibit Exhibit 32- Registration Statement dated July 21, 2022, #35 Exhibit Exhibit 33- SEC Filings From November 10, 2021 through May 3, 2022, #36 Exhibit Exhibit 34- 2022 Annual Report on Form 10-K, #37 Exhibit Exhibit 35- Report for the Second Quarter of 2022, #38 Exhibit Exhibit 36- Report for the Third Quarter of 2022, #39 Exhibit Exhibit 37- Proxy on Form 424(b)(3))(Rosen, Laurence) |
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Filing 22
ORDER Providing Instructions for Evidentiary Hearing. Signed by Magistrate Judge Melissa Damian on 9/26/2023. See attached document for full details. (oco)
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| Set/Reset Deadlines as to #5 Defendants' MOTION for Order to Show Cause that Plaintiff Pignatelli or any Putative Class Member was Not Solicited in Violation of Applicable Rules. Responses due by 10/2/2023. (oco) |
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Filing 21
PAPERLESS ORDER granting #20 Plaintiff's Agreed Motion for One-Week Extension of Time to File Response to Petition to Show Cause. Finding good cause for the requested extension of time, and noting no objection from Defendants, the Motion is GRANTED. Accordingly, Plaintiff shall file his Response to #5 Defendants' Motion to Show Cause on or before October 2, 2023. Signed by Magistrate Judge Melissa Damian on 9/20/2023. (oco)
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| Filing 20 Agreed MOTION for Extension of Time to file response by Rosen Law Firm. Responses due by 10/3/2023 (Attachments: #1 Text of Proposed Order)(Tannebaum, Brian) |
| Filing 19 NOTICE of Attorney Appearance by Christine Marie Lugo on behalf of MSP Recovery, Inc., Alexandra Plasencia, Frank C. Quesada, Ricardo Rivera, John H. Ruiz. Attorney Christine Marie Lugo added to party MSP Recovery, Inc.(pty:dft), Attorney Christine Marie Lugo added to party Alexandra Plasencia(pty:dft), Attorney Christine Marie Lugo added to party Frank C. Quesada(pty:dft), Attorney Christine Marie Lugo added to party Ricardo Rivera(pty:dft), Attorney Christine Marie Lugo added to party John H. Ruiz(pty:dft). (Lugo, Christine) |
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Filing 18
PAPERLESS ORDER granting #12 Agreed Motion to Continue 10 October 17, 2023, Evidentiary Hearing on #5 Defendants' Motion for Order to Show Cause. The Court finds the parties have demonstrated good cause for a continuance of the Evidentiary Hearing, and, noting the Motion is unopposed, it is hereby ORDERED that the Evidentiary Hearing is reset to 11/01/2023 at 10:00 AM in the Miami Division before Magistrate Judge Melissa Damian. Instructions to the parties will be provided by separate Order prior to the hearing. Signed by Magistrate Judge Melissa Damian on 9/8/2023. (oco)
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| Filing 17 NOTICE of Attorney Appearance by Frank Carlos Quesada on behalf of MSP Recovery, Inc., Alexandra Plasencia, Frank C. Quesada, Ricardo Rivera, John H. Ruiz. Attorney Frank Carlos Quesada added to party MSP Recovery, Inc.(pty:dft), Attorney Frank Carlos Quesada added to party Alexandra Plasencia(pty:dft), Attorney Frank Carlos Quesada added to party Frank C. Quesada(pty:dft), Attorney Frank Carlos Quesada added to party Ricardo Rivera(pty:dft), Attorney Frank Carlos Quesada added to party John H. Ruiz(pty:dft). (Quesada, Frank) |
| Filing 16 NOTICE of Attorney Appearance by Alexis Fernandez on behalf of MSP Recovery, Inc., Alexandra Plasencia, Frank C. Quesada, Ricardo Rivera, John H. Ruiz. Attorney Alexis Fernandez added to party MSP Recovery, Inc.(pty:dft), Attorney Alexis Fernandez added to party Alexandra Plasencia(pty:dft), Attorney Alexis Fernandez added to party Frank C. Quesada(pty:dft), Attorney Alexis Fernandez added to party Ricardo Rivera(pty:dft), Attorney Alexis Fernandez added to party John H. Ruiz(pty:dft). (Fernandez, Alexis) |
| Filing 15 NOTICE of Attorney Appearance by Janpaul Portal on behalf of MSP Recovery, Inc., Alexandra Plasencia, Frank C. Quesada, Ricardo Rivera, John H. Ruiz. Attorney Janpaul Portal added to party MSP Recovery, Inc.(pty:dft), Attorney Janpaul Portal added to party Alexandra Plasencia(pty:dft), Attorney Janpaul Portal added to party Frank C. Quesada(pty:dft), Attorney Janpaul Portal added to party Ricardo Rivera(pty:dft), Attorney Janpaul Portal added to party John H. Ruiz(pty:dft). (Portal, Janpaul) |
| Filing 14 NOTICE of Attorney Appearance by John Hasan Ruiz on behalf of MSP Recovery, Inc., Alexandra Plasencia, Frank C. Quesada, Ricardo Rivera, John H. Ruiz. Attorney John Hasan Ruiz added to party MSP Recovery, Inc.(pty:dft), Attorney John Hasan Ruiz added to party Alexandra Plasencia(pty:dft), Attorney John Hasan Ruiz added to party Frank C. Quesada(pty:dft), Attorney John Hasan Ruiz added to party Ricardo Rivera(pty:dft), Attorney John Hasan Ruiz added to party John H. Ruiz(pty:dft). (Ruiz, John) |
| Filing 13 NOTICE of Attorney Appearance by Gino Moreno on behalf of MSP Recovery, Inc., Alexandra Plasencia, Frank C. Quesada, Ricardo Rivera, John H. Ruiz. Attorney Gino Moreno added to party MSP Recovery, Inc.(pty:dft), Attorney Gino Moreno added to party Alexandra Plasencia(pty:dft), Attorney Gino Moreno added to party Frank C. Quesada(pty:dft), Attorney Gino Moreno added to party Ricardo Rivera(pty:dft), Attorney Gino Moreno added to party John H. Ruiz(pty:dft). (Moreno, Gino) |
| Filing 12 Agreed MOTION to Continue October 17 Evidentiary Hearing by Rosen Law Firm. Responses due by 9/22/2023 (Attachments: #1 Text of Proposed Order)(Tannebaum, Brian) |
| Filing 11 NOTICE of Attorney Appearance by Brian Lee Tannebaum on behalf of Rosen Law Firm. Attorney Brian Lee Tannebaum added to party Rosen Law Firm(pty:dft). (Tannebaum, Brian) |
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Filing 10
PAPERLESS ORDER Setting Evidentiary Hearing. Please take notice that the Court will hold an Evidentiary Hearing on 10/17/2023 at 10:00 AM in the Miami Division before Magistrate Judge Melissa Damian on #5 Defendants' Motion for Plaintiff's Counsel and the Rosen Law Firm to Show Cause and Provide Substantial Competent Evidence to this Court that the Plaintiff Pignatelli or Any Putative Class Member Was Not Solicited in Violation of Applicable Bar and Local Rules. The hearing will be conducted in person at the C. Clyde Atkins United States Courthouse, 301 North Miami Avenue, 5th Floor, Miami, Florida 33128. The Court will provide further details by separate order. Signed by Magistrate Judge Melissa Damian on 9/6/2023. (oco)
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Filing 9
ORDER granting #8 Motion for Extension of Time. Responses due by 9/25/2023. Signed by Chief Judge Cecilia M. Altonaga on 9/6/2023. See attached document for full details. (ps1)
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| Filing 8 Agreed MOTION for Extension of Time to Respond to Defendants' Motion for Plaintiff's Counsel to Show Cause re #5 Plaintiff's MOTION for Order to Show Cause that Plaintiff Pignatelli or any Putative Class Member was not Solicited in Violation of Applicable Rules by Joseph Pignatelli. Responses due by 9/19/2023 (Attachments: #1 Text of Proposed Order Proposed Order)(Rosen, Laurence) |
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Filing 7
ORDER REFERRING #5 Plaintiff's MOTION for Order to Show Cause that Plaintiff Pignatelli or any Putative Class Member was not Solicited in Violation of Applicable Rules filed by Frank C. Quesada, John H. Ruiz, MSP Recovery, Inc., Ricardo Rivera, Alexandra Plasencia. Motion referred to United States Magistrate Judge Melissa Damian to take all necessary and proper action as required by law. Signed by Chief Judge Cecilia M. Altonaga on 8/29/2023. See attached document for full details. (wc)
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| Civil Case Terminated. (Per DE#6 .) (wc) |
| Filing 6 NOTICE of Voluntary Dismissal by Joseph Pignatelli (Rosen, Laurence) |
| Filing 5 Plaintiff's MOTION for Order to Show Cause that Plaintiff Pignatelli or any Putative Class Member was not Solicited in Violation of Applicable Rules by MSP Recovery, Inc., Alexandra Plasencia, Frank C. Quesada, Ricardo Rivera, John H. Ruiz. Attorney Francesco Antonio Zincone, III added to party MSP Recovery, Inc.(pty:dft), Attorney Francesco Antonio Zincone, III added to party Alexandra Plasencia(pty:dft), Attorney Francesco Antonio Zincone, III added to party Frank C. Quesada(pty:dft), Attorney Francesco Antonio Zincone, III added to party Ricardo Rivera(pty:dft), Attorney Francesco Antonio Zincone, III added to party John H. Ruiz(pty:dft). (Attachments: #1 Exhibit A - August 5, 2023 Press Release, #2 Exhibit B - Composite, #3 Exhibit C - Declaration of Marcus Davide, #4 Exhibit D - Verified Motion to Strike as Sham, #5 Exhibit E - Second Verified Motion to Strike)(Zincone, Francesco) |
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Filing 4
ORDER dismissing without prejudice #1 Complaint filed by Joseph Pignatelli. Plaintiff has until August 28, 2023 to submit an amended complaint correcting the foregoing deficiencies. Signed by Chief Judge Cecilia M. Altonaga on 8/24/2023. See attached document for full details. (wc)
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| Filing 3 Summons Issued as to James Anderson, Michael F. Arrigo, Beatriz Assapimonwait, Thomas Byrne, Calvin Hamstra, Thomas Hawkins, MSP Recovery, Inc., Roger Meltzer, Alexandra Plasencia, Frank C. Quesada, Ricardo Rivera, John H. Ruiz, and OPHIR STERNBERG. (caw) |
| Filing 2 Clerk's Notice of Judge Assignment to Chief Judge Cecilia M. Altonaga. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Melissa Damian is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (caw) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-16866228, filed by Joseph Pignatelli. (Attachments: #1 Certification Certification and Schedule A, #2 Civil Cover Sheet Civil Cover Sheet, #3 Summon(s) Summons: Company, #4 Summon(s) Summons: Ruiz, #5 Summon(s) Summons: Hamstra, #6 Summon(s) Summons: Rivera, #7 Summon(s) Summons: Sternberg, #8 Summon(s) Summons: Anderson, #9 Summon(s) Summons: Byrne, #10 Summon(s) Summons: Hawkins, #11 Summon(s) Summons: Meltzer, #12 Summon(s) Summons: Plasencia, #13 Summon(s) Summons: Quesada, #14 Summon(s) Summons: Assapimonwait, #15 Summon(s) Summons: Arrigo)(Rosen, Laurence) |
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