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. § 77 Securities Fraud
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 27, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 27, 2022 Opinion or Order Filing 20 USCA Case Number 22-5358 Case Manager Sharday Swain for #19 Notice of Appeal filed by CBA Pharma Inc. (CBD)
April 26, 2022 Opinion or Order Filing 19 NOTICE OF APPEAL as to #18 Judgment, #17 Order on Motion to Dismiss for Failure to State a Claim,,, by CBA Pharma Inc.. Filing fee $ 505, receipt number AKYEDC-5250339. (Cook, D.)
April 26, 2022 Opinion or Order NOTICE FOR ATTORNEY TO UPDATE ADDRESS to D. Duane Cook: It appears the address listed on your filing #19 Notice of Appeal is different than the address registered with our Court. Pursuant to the Court's Administrative Policies and Procedures governing ECF, a request to update your address must be processed through your PACER account. Please visit the Court's website at www.kyed.uscourts.gov for information or contact the Help Desk at 1-866-485-6349. cc: COR (CBD)
March 30, 2022 Opinion or Order Filing 18 JUDGMENT: 1. Defendant Kerry B. Harveys Motion to Dismiss R. #11 is GRANTED; 2. Judgment is ENTERED in favor of the Defendant; and 3. All issues having been resolved, this case is STRICKEN from the active docket. Signed by Judge Gregory F. VanTatenhove on 3/30/22.(MJY)cc: COR
March 30, 2022 Opinion or Order Filing 17 MEMORANDUM OPINION AND ORDER: 1. Kerry B. Harveys first Motion to Dismiss R. #7 is DENIED AS MOOT; 2. Kerry B. Harveys second Motion to Dismiss R. #11 is GRANTED; and 3. Judgment shall be entered contemporaneously herewith. Signed by Judge Gregory F. VanTatenhove on 3/30/2022. (MJY)cc: COR
September 27, 2021 Opinion or Order NOTICE FOR ATTORNEY TO UPDATE ADDRESS to D. Duane Cook & John M. Sosbe: It appears the address listed on your filing #16 Notice of Change of Address is different than the address registered with PACER. Pursuant to the Court's Administrative Policies and Procedures governing ECF, a request to update your address must be processed through your PACER account. Please visit the Court's website at www.kyed.uscourts.gov for information or contact the Help Desk at 1-866-485-6349. cc: COR (CBD)
September 24, 2021 Opinion or Order Filing 16 NOTICE of Change of Address by D. Duane Cook (Cook, D.)
June 23, 2021 Opinion or Order ***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re #11 MOTION to Dismiss for failure to state a claim by Kerry B. Harvey (JJ)
June 22, 2021 Opinion or Order Filing 15 REPLY to Response to Motion re #11 MOTION to Dismiss for failure to state a claim by Kerry B. Harvey filed by Kerry B. Harvey. (Adcock, Brandon)
June 9, 2021 Opinion or Order Filing 14 RESPONSE to #11 Renewed Motion to Dismiss filed by CBA Pharma Inc.. (Cook, D.)
June 2, 2021 Opinion or Order Filing 13 REPLY to Response to Motion re #11 MOTION to Dismiss for failure to state a claim by Kerry B. Harvey filed by Kerry B. Harvey. (Adcock, Brandon)
June 2, 2021 Opinion or Order ***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re #11 MOTION to Dismiss for failure to state a claim by Kerry B. Harvey (JJ)
May 19, 2021 Opinion or Order 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 Opinion or Order 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 Opinion or Order Filing 9 Proposed Agreed Order Extending Time to File Response to MTD by CBA Pharma Inc.. (Cook, D.)
May 10, 2021 Opinion or Order ***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 Opinion or Order ***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 Opinion or Order Filing 8 AMENDED COMPLAINT First Amended Complaint against Kerry B. Harvey, filed by CBA Pharma Inc..(Cook, D.)
April 14, 2021 Opinion or Order 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 Opinion or Order Filing 6 FRCP 7.1 DISCLOSURE STATEMENT by CBA Pharma Inc.. (Cook, D.)
March 29, 2021 Opinion or Order 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 Opinion or Order 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 Opinion or Order Conflict Check run. (CBD)
March 25, 2021 Opinion or Order 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 Opinion or Order Filing 3 Summons Issued as to Kerry B. Harvey; Summons issued and returned to counsel electronically (CBD)
March 24, 2021 Opinion or Order 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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