Way v. BioVie Inc. et al
| Matthew Way |
| BioVie Inc., Cuong Do, Joanne Wendy Kim and Joseph Palumbo |
| Ernest Strauch, BioVie Investors Group and Brian Do |
| 2:2024cv00361 |
| February 22, 2024 |
| US District Court for the District of Nevada |
| Craig S Denney |
| Larry R Hicks |
| Securities/Commodities |
| Plaintiff |
Docket Report
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Filing 26
CONSOLIDATION ORDER - Dr. Rinaldi's motion to consolidate, to appoint as lead plaintiff, and to approve selection of lead counsel in Case No. 3:24-cv-00035-LRH-CSD (ECF No. 6 ) is GRANTED. The Clerk of the Court is directed to consolidate Olmstead v. BioVie Inc., et al., Case No. 3:24-cv-00035-LRH-CSD, and Way v. BioVie Inc., et al., Case No. 2:24-cv-00361-LRH-CSD, into one matter bearing the following name and case number: In Re BioVie Inc. Securities Litigation, Case No. 3:24-cv-00035-LRH-CSD. All future filings shall be filed under In Re BioVie Inc. Securities Litigation, Case No. 3:24-cv-00035-LRH-CSD. IT IS FURTHER ORDERED that the following motions to consolidate, to appoint as lead plaintiff, and to approve selection of lead counsel in Olmstead v. BioVie Inc., et al., Case No. 3:24- cv-00035-LRH-CSD, case are DENIED as moot: ECF Nos. 7, 9, 11, 13, and 14. IT IS FURTHER ORDERED that the following motions to consolidate, to appoint as lead plaintiff, and to approve selection of lead counsel in Way v. BioVie Inc., et al., Case No. 2:24-cv00361-LRH-CSD, case are DENIED as moot: ECF Nos. #10 , #12 , #14 , and #15 . IT IS FURTHER ORDERED that this Order be published in each of the pre-consolidated cases: Olmstead v. BioVie Inc., et al., Case No. 3:24-cv-00035-LRH-CSD, and Way v. BioVie Inc., et al., Case No. 2:24-cv-00361-LRH-CSD. Signed by Judge Larry R. Hicks on 4/15/2024. (Copies have been distributed pursuant to the NEF - DRM) Modified on 4/16/2024 for hyperlinks (DRM).
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Filing 25
ORDER Granting #22 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Genevieve G. York-Erwin for BioVie Inc., Cuong Do, Joanne Wendy Kim, Joseph Palumbo and approving Designation of Local Counsel Bradley T Austin. Signed by Judge Larry R. Hicks on 4/3/2024. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - JQC)
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Filing 24
ORDER Granting #21 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Douglas W. Greene for BioVie Inc., Cuong Do, Joanne Wendy Kim, Joseph Palumbo and approving Designation of Local Counsel Bradley T Austin. Signed by Judge Larry R. Hicks on 4/3/2024. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - JQC)
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| Filing 23 NON-OPPOSITION to #12 Motion, #10 Motion to Consolidate Cases,, #15 Motion to Consolidate Cases, by Movant BioVie Investors Group. (OMara, David) |
| Filing 22 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Genevieve G. York-Erwin and DESIGNATION of Local Counsel Bradley T. Austin (Filing fee $ 250 receipt number ANVDC-7639107) by Defendants BioVie Inc., Cuong Do, Joanne Wendy Kim, Joseph Palumbo. (Austin, Bradley) |
| Filing 21 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Douglas W. Greene and DESIGNATION of Local Counsel Bradley T. Austin (Filing fee $ 250 receipt number ANVDC-7639095) by Defendants BioVie Inc., Cuong Do, Joanne Wendy Kim, Joseph Palumbo. (Austin, Bradley) |
| Filing 20 NON-OPPOSITION to #14 Motion to Consolidate Cases, #12 Motion, #10 Motion to Consolidate Cases,, #15 Motion to Consolidate Cases, by Defendants BioVie Inc., Cuong Do, Joanne Wendy Kim, Joseph Palumbo. (Austin, Bradley) |
| Filing 19 CERTIFICATE of Interested Parties by BioVie Inc., Cuong Do, Joanne Wendy Kim, Joseph Palumbo that identifies all parties that have an interest in the outcome of this case. Corporate Parent Acuitas Group Holdings, LLC, Other Affiliate Terren Peizer for BioVie Inc. added. (Austin, Bradley) |
| Filing 18 NOTICE of Appearance by attorney Bradley T Austin on behalf of Defendants BioVie Inc., Cuong Do, Joanne Wendy Kim, Joseph Palumbo. (Austin, Bradley) |
| Filing 17 NOTICE of Non-Opposition to Competing Lead Plaintiff Motions by Ernest Strauch re #14 Motion to Consolidate Cases, #12 Motion, #15 Motion to Consolidate Cases,. (Muckleroy, Martin) |
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Filing 16
REASSIGNMENT ORDER - IT IS HEREBY ORDERED that Case No. 2:24-cv-00361-GMN-EJY is reassigned to District Judge Larry R. Hicks and Magistrate Judge Craig S. Denney. IT IS FURTHER ORDERED that the Clerk of the Court shall change the file and docket(s) to reflect this reassignment. Signed by Judge Larry R. Hicks on 3/26/2024 and by Judge Gloria M. Navarro on 3/27/2024. (Correct Case Number for all further filings in instant case is 2:24-cv-00361-LRH-CSD.) (Copies have been distributed pursuant to the NEF - DRM) Modified on 3/27/2024 for punctuation (DRM).
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| Filing 15 MOTION to Consolidate Cases and Appointment of Lead Plaintiff and Lead Counsel by Movant Brian Do. Responses due by 4/2/2024. (Attachments: #1 Proposed Order, #2 Declaration of Andrew R. Muehlbauer, Esq., #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F)(Muehlbauer, Andrew) |
| Filing 14 MOTION to Consolidate Cases and for Appointment of Lead Counsel by Movant BioVie Investors Group. Responses due by 4/2/2024. (Attachments: #1 Proposed Order, #2 Declaration, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit)(OMara, David) |
| Filing 13 DECLARATION of DON SPRINGMEYER re #12 Motion, by Plaintiff Matthew Way. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Springmeyer, Don) |
| Filing 12 MOTION ROBERT FIGUEROAS MOTION FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF SELECTION OF COUNSEL; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF by Plaintiff Matthew Way. Responses due by 4/2/2024. (Attachments: #1 Proposed Order)(Springmeyer, Don) (misc) (dispositive) |
| Filing 11 CERTIFICATE of Interested Parties by Ernest Strauch. There are no known interested parties other than those participating in the case (Muckleroy, Martin) |
| Filing 10 MOTION to Consolidate Cases , Appointment as Lead Plaintiff and Approval of Lead Counsel and Liaison Counsel by Movant Ernest Strauch. Responses due by 4/2/2024. (Attachments: #1 Declaration of Martin A. Muckleroy, #2 Exhibit A - Notice of Pendency of Action, #3 Exhibit B - Strauch's PSLRA Certification, #4 Exhibit C - Chart setting forth Strauch's financial interest in this litigation, #5 Exhibit D - Declaration of Strauch, #6 Exhibit E - Firm Resume of Faruqi & Faruqi, LLP, #7 Exhibit F - Women's Business Enterprise National Council Certificate, #8 Exhibit G - Firm Resume of Muckleroy Lunt, LLC, #9 Proposed Order)(Muckleroy, Martin) |
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Filing 9
ORDER Granting #7 Verified Petition for Permission to Practice Pro Hac Vice Joseph Alexander Hood II for Matthew Way and approving Designation of Local Counsel Andrew R. Muehlbauer. Signed by Judge Gloria M. Navarro on 3/4/2024. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - JQC)
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| Filing 8 STANDING ORDER. This case has been assigned to the Honorable Judge Gloria M. Navarro. Judge Navarro's Chambers Practices, which are posted on the U.S. District Court, District of Nevada public website, may also be accessed directly via this hyperlink #www.nvd.uscourts.gov. (Copies have been distributed pursuant to the NEF - NEV) |
| Filing 7 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Joseph Alexander Hood II and DESIGNATION of Local Counsel Andrew R. Muehlbauer (Filing fee $ 250 receipt number ANVDC-7604140) by Plaintiff Matthew Way. (Muehlbauer, Andrew) |
| Filing 6 CLERK'S NOTICE that this case is randomly reassigned to Judge Gloria M. Navarro for all further proceedings. All further documents must bear the correct case number 2:24-cv-00361-GMN-EJY. (no image attached) (KMB) |
| Filing 5 MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan on 2/28/2024. With good cause appearing, the Honorable Judge James C. Mahan recuses himself in this action. IT IS ORDERED that this action is referred to the Clerk for random reassignment of this case for all further proceedings. (no image attached) (Copies have been distributed pursuant to the NEF - ADR) |
| Filing 4 SUMMONS ISSUED as to BioVie Inc., Cuong Do, Joanne Wendy Kim, Joseph Palumbo re #1 Complaint. (JQC) |
| Filing 3 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel J. Alexander Hood II to comply with completion and filing of the Verified Petition and Designation of Local Counsel. The form is available on the Court's website - #www.nvd.uscourts.gov. Counsel is required to register for the court's electronic filing system at PACER #www.pacer.gov to register Attorney. Verified Petition due by 3/11/2024. (no image attached) (JQC) |
| Case randomly assigned to Judge James C. Mahan and Magistrate Judge Elayna J. Youchah. (JQC) |
| Filing 2 CERTIFICATE of Interested Parties by Matthew Way. There are no known interested parties other than those participating in the case (Muehlbauer, Andrew) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $405 receipt number ANVDC-7595055) by Matthew Way. Certificate of Interested Parties due by 3/3/2024. Proof of service due by 5/22/2024. (Attachments: #1 Certification of Plaintiff, #2 Schedule A of Plaintiff, #3 Civil Cover Sheet, #4 Summons BioVie Inc., #5 Summons Cuong Do, #6 Summons Joanne Wendy Kim, #7 Summons Joseph Palumbo) (Muehlbauer, Andrew) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
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