CBA Pharma Inc. v. Harvey
Plaintiff: CBA Pharma Inc.
Defendant: Kerry B. Harvey
Case Number: 3:2021cv00014
Filed: March 24, 2021
Court: US District Court for the Eastern District of Kentucky
Presiding Judge: Gregory F VanTatenhove
Nature of Suit: Securities/Commodities
Cause of Action: 15 U.S.C. ยง 77
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 19, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 19, 2021 Filing 12 RESPONSE in Opposition re #7 MOTION to Dismiss for failure to state a claim by Kerry B. Harvey filed by CBA Pharma Inc.. (Attachments: #1 Exhibit Exhibit 1)(Cook, D.)
May 19, 2021 Filing 11 MOTION to Dismiss for failure to state a claim by Kerry B. Harvey (Attachments: #1 Memorandum in Support Memorandum in Support of Renewed Motion to Dismiss, #2 Proposed Order Proposed Order)(Adcock, Brandon)
May 11, 2021 Opinion or Order Filing 10 ORDER : It is hereby ORDERED that the Parties' Agreed Motion for Extension of Time for Plaintiff to respond to Defendant's Motion to Dismiss [R. #9 ] is GRANTED, and Plaintiff shall have up to and until May 19, 2021, to file any response to Defendant's Motion to Dismiss. Signed by Judge Gregory F. Van Tatenhove on 5/11/2021.(JJ)cc: COR
May 10, 2021 Filing 9 Proposed Agreed Order Extending Time to File Response to MTD by CBA Pharma Inc.. (Cook, D.)
May 10, 2021 ***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re #7 MOTION to Dismiss for failure to state a claim by Kerry B. Harvey (JJ)
May 10, 2021 ***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #9 Proposed Agreed Order Extending Time to File Response to MTD by CBA Pharma Inc. (CBD)
May 5, 2021 Filing 8 AMENDED COMPLAINT First Amended Complaint against Kerry B. Harvey, filed by CBA Pharma Inc..(Cook, D.)
April 14, 2021 Filing 7 MOTION to Dismiss for failure to state a claim by Kerry B. Harvey (Attachments: #1 Memorandum in Support Memorandum in Support of Motion to Dismiss, #2 Proposed Order Proposed Order)(Adcock, Brandon)
April 6, 2021 Filing 6 FRCP 7.1 DISCLOSURE STATEMENT by CBA Pharma Inc.. (Cook, D.)
March 29, 2021 Filing 5 NOTICE OF FILING of Omitted Exhibit 8 by CBA Pharma Inc. re #1 Complaint (Attachments: #1 Exhibit Exhibit 8-In Response to Notice of Deficiency)(Cook, D.) Modified txt on 3/29/2021 (CBD).
March 25, 2021 Filing 4 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, D. Cook. #1 Complaint has been filed by CBA Pharma, Inc. without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (CBD)
March 25, 2021 Conflict Check run. (CBD)
March 25, 2021 NOTICE OF DEFICIENCY TO D. Cook re #1 Complaint. attorney failed to submit Exhibit 8 as an electronic attachment to the complaint. The place holder did not indicate this exhibit as Sealed or Conventional. Entry by attorney; within 7 calendar days, prepare a document entitled "Notice of Filing", file the Notice using the event "Notice of Filing," attach the proposed order, and create a link to the related docket entry. cc: COR (CBD)
March 24, 2021 Filing 3 Summons Issued as to Kerry B. Harvey; Summons issued and returned to counsel electronically (CBD)
March 24, 2021 Filing 1 COMPLAINT ( Filing fee $402; receipt number 0643-4928925), filed by CBA Pharma Inc.. (Attachments: #1 1 February 15, 2021 email from Mr. Jacob to Mr. Cook, #2 2 Enforcement Questionnaire, #3 3 February 26, 2021 email from Mr. Jacob to Mr. Cook, #4 4 March 3, 2021 letter from Mr. Cook to Mr. Jacob, #5 5 PPM (without its exhibits), #6 6 Shiff/Rothschild Correspondence re: Voting Trusts and PPM, Demands for Shareholder Lists, #7 7 Barry Shiff Draft Letter to Mr. Rothschild re: David Gurwitz, #8 8 (EXH. NOT ATTACHED) Barry Shiff Correspondence with Jack Ferraro, #9 9 Barry Shiff, September 6, 2020 (Beth as whistleblower), #10 10 Barry Shiff draft letter to Jeff Jacob, #11 11 November 9, 2020, Email from Alan Ridgeway to Barry Shiff, #12 12 January 12, 2021 Letter from Mr. Jacob to Mr. Rothschild, #13 13 February 10, 2021 email from Mr. Jacob to Mr. Cook, #14 14 February 10, 2021 email from Mr. Jacob to Mr. Cook, #15 15 February 19, 2021 email from Mr. Cook to Mr. Jacob, #16 16 David Gurwitz Role and Compensation with CBA, #17 17 March 12, 2021 email from Mr. Jacob to Mr. Cook regarding Mr. Gurwitz, #18 18 February 18, 2021 email from Mr. Jacob to Mr. Cook, #19 19 February 22, 2021 email from Mr. Jacob to Mr. Cook, #20 20 February 25, 2021 email from Mr. Jacob to Mr. Cook, #21 21 March 2, 2021 email from Mr. Jacob to Mr. Cook, #22 Civil Cover Sheet, #23 Summons)(CBD)

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Defendant: Kerry B. Harvey
Represented By: Brandon Scott Adcock
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Plaintiff: CBA Pharma Inc.
Represented By: D. Duane Cook
Represented By: John M. Sosbe
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