ROYZENSHTEYN et al v. ONYX ENTERPRISES CANADA INC. et al
| STANISLAV ROYZENSHTEYN and ROMAN GERASHENKO |
| ONYX ENTERPRISES CANADA INC., PRASHANT PATHAK, CAREY KURTIN, J. WILLIAM KURTIN, KAILAS AGRAWAL, IN COLOUR CAPITAL INC., CANACCORD GENUITY GROUP INC. and LEGACY ACQUISITION SPONSOR I LLC. |
| 3:2022cv07514 |
| December 27, 2022 |
| US District Court for the District of New Jersey |
| Georgette Castner |
| J Brendan Day |
| Rukhsanah L Singh |
| Stockholders Suits |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 20, 2023. A more recent docket listing may be available from PACER.
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| Set Deadlines as to #103 MOTION to Seal Document . Motion set for 10/16/2023 before Magistrate Judge J. Brendan Day. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mlh) |
| Filing 103 MOTION to Seal Document by CANACCORD GENUITY GROUP INC.. (Attachments: #1 Declaration of David J. Fioccola in Support of Canaccord Genuity Group Inc.'s Motion to Seal, #2 Exhibit 1- Proposed redacted versions of sealed documents, #3 Exhibit 2 - Index in Support of Canaccord Genuity Group Inc.'s Motion to Seal, #4 Text of Proposed Order)(FIOCCOLA, DAVID) |
| Filing 102 Letter from Plaintiffs re Motion to Supplement the Record (ECF No. 101). (Staltari, Anthony) |
| Filing 101 Letter from Christopher R. Carton to Hon. Georgette Castner re: Request to Supplement Rule 12(b)(1) Motion to Dismiss Record re #88 MOTION to Dismiss Plaintiff's Complaint. (Attachments: #1 Exhibit 1 to Request to Supplement Rule 12(b)(1) Motion to Dismiss Record, #2 Exhibit 2 to Request to Supplement Rule 12(b)(1) Motion to Dismiss Record)(CARTON, CHRISTOPHER) |
| Set Deadlines as to #92 MOTION to Dismiss Plaintiff's Complaint. Motion set for 10/2/2023 before Judge Georgette Castner. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mg, ) |
| Set Deadlines as to #88 MOTION to Dismiss Plaintiff's Complaint. Motion set for 10/2/2023 before Judge Georgette Castner. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mg, ) |
| Set Deadlines as to #87 MOTION to Dismiss . Motion set for 10/2/2023 before Judge Georgette Castner. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mg, ) |
| Set Deadlines as to #85 MOTION to Dismiss and Reply to Plaintiffs' Opposition. Motion set for 10/2/2023 before Judge Georgette Castner. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mg, ) |
| Set Deadlines as to #82 MOTION to Dismiss . Motion set for 10/2/2023 before Judge Georgette Castner. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mg, ) |
| Filing 100 CERTIFICATE OF SERVICE by ROMAN GERASHENKO, STANISLAV ROYZENSHTEYN re #90 Memorandum in Opposition of Motion, #97 Memorandum in Opposition of Motion, #98 Memorandum in Opposition of Motion,,, #83 Memorandum in Opposition of Motion, #86 Memorandum in Opposition of Motion, #96 Memorandum in Opposition of Motion, #99 Declaration,,, (Staltari, Anthony) |
| Filing 99 DECLARATION of Stanislav Royzenshteyn in Support of Plaintiffs' Oppositions to Motions to Dismiss re #86 Memorandum in Opposition of Motion, #98 Memorandum in Opposition of Motion,,, #83 Memorandum in Opposition of Motion by ROMAN GERASHENKO, STANISLAV ROYZENSHTEYN. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Staltari, Anthony)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. |
| Filing 98 MEMORANDUM in Opposition filed by ROMAN GERASHENKO, STANISLAV ROYZENSHTEYN re #92 MOTION to Dismiss Plaintiff's Complaint (Plaintiffs Stanislav Royzenshteyn and Roman Gerashenko's Memorandum of Law in Opposition to Defendant In Colour Capital's Motion to Dismiss (Sealed- Unredacted) (Attachments: #1 Text of Proposed Order Denying Defendant In Colour Captial Inc.'s Motion to Dismiss)(Staltari, Anthony)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. |
| Filing 97 MEMORANDUM in Opposition filed by ROMAN GERASHENKO, STANISLAV ROYZENSHTEYN re #92 MOTION to Dismiss Plaintiff's Complaint (Plaintiffs Stanislav Royzenshteyn and Roman Gerashenko's Memorandum of Law in Opposition to Defendant In Colour Capital's Motion to Dismiss (Public - Redacted) (Attachments: #1 Text of Proposed Order Denying Defendant In Colour Captial Inc.'s Motion to Dismiss)(Staltari, Anthony) |
| Filing 96 MEMORANDUM in Opposition filed by ROMAN GERASHENKO, STANISLAV ROYZENSHTEYN re #88 MOTION to Dismiss Plaintiff's Complaint (Attachments: #1 Text of Proposed Order Denying Defendants Motion to Dismiss)(Staltari, Anthony) |
| Filing 95 RESPONSE in Support filed by IN COLOUR CAPITAL INC. re #92 MOTION to Dismiss Plaintiff's Complaint (CARTON, CHRISTOPHER) |
| Filing 94 RESPONSE in Support filed by ONYX ENTERPRISES CANADA INC. re #88 MOTION to Dismiss Plaintiff's Complaint (CARTON, CHRISTOPHER) |
| Filing 93 REPLY to Response to Motion filed by CANACCORD GENUITY GROUP INC. re #87 MOTION to Dismiss Second Declaration of David J. Fioccola in Support of Canaccord Genuity Group Inc.'s Motion to Dismiss the Complaint (Attachments: #1 Exhibit 1 to Second Declaration of David J. Fioccola- Form 8-K and Exhibit 99.1 to the Form 8-K filed by Parts iD, Inc., #2 Second Declaration of Donald MacFayden in Support of Canaccord Genuity Group Inc.'s Motion to Dismiss the Complaint, #3 Certificate of Service)(FIOCCOLA, DAVID) |
| Filing 92 MOTION to Dismiss Plaintiff's Complaint by IN COLOUR CAPITAL INC.. Responses due by 9/5/2023. (Attachments: #1 Brief, #2 Declaration of Prashant Pathak, #3 Declaration of Carey Kurtin, #4 Text of Proposed Order Order)(CARTON, CHRISTOPHER) |
| Filing 91 REPLY BRIEF to Opposition to Motion filed by CANACCORD GENUITY GROUP INC. re #87 MOTION to Dismiss (FIOCCOLA, DAVID)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. |
| Filing 90 MEMORANDUM in Opposition filed by ROMAN GERASHENKO, STANISLAV ROYZENSHTEYN re #87 MOTION to Dismiss (Attachments: #1 Text of Proposed Order)(Staltari, Anthony) |
| Filing 89 Exhibit to #87 Motion to Dismiss,, Defendant Canaccord Genuity Group Inc.'s Memorandum of Law in Support of its Motion to Dismiss the Complaint by CANACCORD GENUITY GROUP INC.. (Attachments: #1 Fioccola Exhibit A-excerpts from Canaccord Genuity LLCs Presentation entitled, Discussion Materials Prepared for Onyx, #2 Fioccola Exhibit B-engagement letter executed by Canaccord Genuity LLC and Onyx Enterprises International Corporation, #3 Fioccola Exhibit D-Canaccord Genuity LLCs Presentation entitled, Project EXCEL Board Discussion Materials)(FIOCCOLA, DAVID)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. |
| Filing 88 MOTION to Dismiss Plaintiff's Complaint by ONYX ENTERPRISES CANADA INC.. Responses due by 10/26/2023. (Attachments: #1 Brief, #2 Text of Proposed Order)(CARTON, CHRISTOPHER) |
| Filing 87 MOTION to Dismiss by CANACCORD GENUITY GROUP INC.. (Attachments: #1 Declaration of David J. Fioccola in Support of Canaccord Genuity Group Inc.'s Motion to Dismiss the Complaint, #2 Exhibit C-Excerpts from Legacy Acquisition Corporations Schedule 14C, #3 Exhibit E-Complaint in Royzenshteyn et al. v. Pathak et al., No. MON-C-000045-18 (N.J. Super. Ch., #4 Declaration of David J. Fioccola in Support of Canaccord Genuity's Motion to Dismiss the Complaint, #5 Text of Proposed Order, #6 Certificate of Service)(FIOCCOLA, DAVID) |
| Filing 86 MEMORANDUM in Opposition filed by ROMAN GERASHENKO, STANISLAV ROYZENSHTEYN re #85 MOTION to Dismiss and Reply to Plaintiffs' Opposition (Attachments: #1 Text of Proposed Order)(Staltari, Anthony) |
| Filing 85 MOTION to Dismiss and Reply to Plaintiffs' Opposition by J. WILLIAM KURTIN. (Attachments: #1 Brief, #2 Text of Proposed Order, #3 Brief, #4 Certificate of Service)(THARNEY, MATTHEW) |
| Filing 84 REPLY BRIEF to Opposition to Motion filed by KAILAS AGRAWAL re #82 MOTION to Dismiss (Attachments: #1 Certification of Michael J. Canning)(CANNING, MICHAEL) |
| Filing 83 MEMORANDUM in Opposition filed by ROMAN GERASHENKO, STANISLAV ROYZENSHTEYN re #82 MOTION to Dismiss (Attachments: #1 Text of Proposed Order)(Staltari, Anthony) |
| Filing 82 MOTION to Dismiss by KAILAS AGRAWAL. (Attachments: #1 Brief, #2 Text of Proposed Order)(CANNING, MICHAEL) |
Filing 81
TEXT ORDER: This matter comes before the Court upon review of its docket and recent submissions from the parties. (ECF Nos. #78 , #79 , and #80 .) The Court is in receipt of Plaintiffs' submission (ECF No. #78 ) which seeks confirmation from the Court that the Scheduling Order permits the filing of an amended complaint on or before August 15, 2023. Pursuant to the Court's Order from June 21, 2023, (ECF No. #72 ), Plaintiffs were given until August 15, 2023 to respond to any Motion to Dismiss filed by Defendants. The Order did not grant or toll the time in which to file an Amended Complaint per the Federal Rules of Civil Procedure or Local Civil Rules. Any response to Defendants' Motion to Dismiss is due by August 15, 2023. To the extent Plaintiffs seek to amend the Complaint, Plaintiff shall include an application for such relief in their response by August 15, 2023. So Ordered by Judge Georgette Castner on 8/11/2023. (ijf)
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| Filing 80 Letter from David J. Fioccola re #78 Letter. (FIOCCOLA, DAVID) |
| Filing 79 Letter re #78 Letter. (CARTON, CHRISTOPHER) |
| Filing 78 Letter from Plaintiffs RE: Amendment of Complaint re #72 Order,. (Staltari, Anthony) |
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Filing 77
LETTER ORDER granting request to not file Motion at this time as per 6/21/2023 Order. Signed by Judge Georgette Castner on 7/13/2023. (mlh)
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| Set Deadlines as to #75 First MOTION to Dismiss . Motion set for 8/7/2023 before Judge Georgette Castner. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mlh) |
| Filing 76 Letter from Michael J. Canning, Esq.. (CANNING, MICHAEL) |
| Filing 75 First MOTION to Dismiss by KAILAS AGRAWAL. Responses due by 8/15/2023. (Attachments: #1 Brief Brief, #2 Text of Proposed Order Proposed Order)(CANNING, MICHAEL) |
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Filing 74
LETTER ORDER that because this letter motion seeks to seal information in #69 - #70 that is already under seal by order of this Court, see #1 , #3 , #32 - #33 , the Court adopts and incorporates here the findings of fact and conclusions of law in the order granting the motion to seal #32 . For the same reasons expressed in that order, the present letter motion #73 is GRANTED. Signed by Magistrate Judge J. Brendan Day on 7/6/2023. (jdg)
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| Set Deadlines as to #73 MOTION to Seal Plaintiffs' response to Defendant Canaccord Genuity Group Inc.'s pre-motion to dismiss letter. Motion set for 8/7/2023 before Magistrate Judge J. Brendan Day. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (kht) |
| Filing 73 LETTER MOTION to Seal Plaintiffs' response to Defendant Canaccord Genuity Group Inc.'s pre-motion to dismiss letter by ROMAN GERASHENKO, STANISLAV ROYZENSHTEYN. (Staltari, Anthony) Modified on 6/29/2023 (jmh). |
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Filing 72
ORDER that Defendants shall have until 7/12/2023 to serve Plaintiffs any Motion to Dismiss the Complaint or file answers with the Court; and it is Ordered that Plaintiffs shall have until 8/15/2023 to serve any responses to the motions on Defendants; and it is Ordered that the parties shall have until 9/5/2023, to file motions, Plaintiffs' response as well as any replies with the Court as a bundle. Signed by Judge Georgette Castner on 6/21/2023. (jdg)
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| TEXT Minute Entry for proceedings held before Judge Georgette Castner: Telephone pre-motion conference held on 6/20/2023. Not on the record. (adi) |
| Filing 71 Letter from Legacy Acquisition Sponsor I LLC. (RICH, MICHAEL) |
| Filing 70 Letter from Plaintiffs to Judge Castner in response to Defendant Canaccord Genuity Group Inc.'s pre-motion to dismiss letter (ECF No. #67 ) (Redacted). (Staltari, Anthony) |
| Filing 69 Letter from Plaintiffs to Judge Castner in response to Defendant Canaccord Genuity Group Inc.'s pre-motion to dismiss letter (ECF No. #67 ).. (Staltari, Anthony)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. |
| Filing 68 Letter from Michael J. Canning, Esq.. (CANNING, MICHAEL) |
| CLERK'S QUALITY CONTROL MESSAGE - Please be advised, when entering a first appearance in a case, counsel should add their name when prompted. The Clerks office has added MICHAEL J. CANNING as representing Defendant KAILAS AGRAWAL in this case. This submission will remain on the docket unless otherwise ordered by the court. This message is for informational purposes only. (kht) |
| Set/Reset Hearings: Pre-motion conference set for 6/20/2023 at 10:00 AM via telephone before Judge Georgette Castner. The dial-in information has been provided to the parties. (adi) |
| Filing 67 Letter. (FIOCCOLA, DAVID) |
| Filing 66 Letter from from Plaintiffs to Judge Castner in response to Defendant J.W. Kurtin's pre-motion to dismiss letter re #64 Letter. (Staltari, Anthony) |
| Filing 65 Letter from from Plaintiffs to Judge Castner in response to Defendants OEC, Pathak, Carey Kurtin, and ICC's pre-motion to dismiss letter re #63 Letter. (Staltari, Anthony) |
| Filing 64 Letter from Defendant J. William Kurtin. (THARNEY, MATTHEW) |
| Filing 63 Letter from Christopher R. Carton re 62 Order,,,, Terminate Motions,,,. (CARTON, CHRISTOPHER) |
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Filing 62
TEXT ORDER: This matter comes before the Court upon review of its docket. The Court is in receipt of Defendants Onyx Enterprises Canada, Inc., Prashant Pathak, Carey Kurtin and In Colour Capital Inc.'s (ECF No. #55 ) Motion to Dismiss and the letters filed on May 30 and May 31, 2023 (ECF Nos. #58 , #60 and #61 ). Pursuant to the Court's individual preferences, Defendant's Motion to Dismiss is hereby administratively terminated (ECF No. #55 ). Defendants are instructed to submit a letter requesting a pre-motion conference in accordance with the Court's individual preferences, which may be found at # https://www.njd.uscourts.gov/content/georgette-castner. So Ordered by Judge Georgette Castner on 6/1/23. (adi)
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| Filing 61 Letter from Anthony Staltari in response to Christopher Carton's Letter dated May 30, 2023. (Staltari, Anthony) |
| Filing 60 Letter from David J. Fioccola. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(FIOCCOLA, DAVID) |
| Filing 59 Diversity Disclosure Statement by IN COLOUR CAPITAL INC., CAREY KURTIN, ONYX ENTERPRISES CANADA INC., PRASHANT PATHAK. (CARTON, CHRISTOPHER) |
| Filing 58 Letter from Christopher R. Carton re #57 Notice of Voluntary Dismissal (aty). (CARTON, CHRISTOPHER) |
| Filing 57 NOTICE of Voluntary Dismissal of Defendant Legacy Acquisition Sponsor I LLC by ROMAN GERASHENKO, STANISLAV ROYZENSHTEYN (Staltari, Anthony) |
| Filing 56 CERTIFICATION in Support filed by IN COLOUR CAPITAL INC., CAREY KURTIN, ONYX ENTERPRISES CANADA INC., PRASHANT PATHAK re #55 MOTION to Dismiss re: Declaration of Prashant Pathak in support of Defendants Motion to Dismiss Plaintiffs Complaint (CARTON, CHRISTOPHER) |
| Set Deadlines as to #55 MOTION to Dismiss . Motion set for 7/3/2023 before Judge Georgette Castner. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (kht) |
| Filing 55 MOTION to Dismiss by IN COLOUR CAPITAL INC., CAREY KURTIN, ONYX ENTERPRISES CANADA INC., PRASHANT PATHAK. Responses due by 6/14/2023. (Attachments: #1 Brief, #2 Certification of Christopher R. Carton, #3 Declaration of Prashant Pathak, #4 Declaration of Carey Kurtin, #5 Text of Proposed Order, #6 Certificate of Service)(CARTON, CHRISTOPHER) |
| Filing 54 Diversity Disclosure Statement by LEGACY ACQUISITION SPONSOR I LLC.. (RICH, MICHAEL) |
| Filing 53 Summons Returned Unexecuted by STANISLAV ROYZENSHTEYN as to CAREY KURTIN. (Staltari, Anthony) |
| Filing 52 SUMMONS Returned Executed by ROMAN GERASHENKO, STANISLAV ROYZENSHTEYN. PRASHANT PATHAK served on 5/16/2023, answer due 6/6/2023. (Staltari, Anthony) |
| Filing 51 SUMMONS Returned Executed by ROMAN GERASHENKO, STANISLAV ROYZENSHTEYN. IN COLOUR CAPITAL INC. served on 5/9/2023, answer due 5/30/2023. (Staltari, Anthony) |
| Filing 50 SUMMONS Returned Executed by ROMAN GERASHENKO, STANISLAV ROYZENSHTEYN. KAILAS AGRAWAL served on 5/16/2023, answer due 6/6/2023. (Staltari, Anthony) |
| Filing 49 SUMMONS Returned Executed by ROMAN GERASHENKO, STANISLAV ROYZENSHTEYN. ONYX ENTERPRISES CANADA INC. served on 5/9/2023, answer due 5/30/2023. (Staltari, Anthony) |
| Magistrate Judge J. Brendan Day added. Magistrate Judge Rukhsanah L. Singh no longer assigned to case. (jjc, ) |
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Filing 48
ORDER extending Defendants CANACCORD GENUITY GROUP INC., LEGACY AQUISITION SPONSOR LLC, and J. WILLIAM KURTIN'S time to Answer, Move or otherwise respond to Complaint until 6/12/2023. Signed by Magistrate Judge Rukhsanah L. Singh on 4/27/2023. (mlh)
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| Filing 47 Letter from David J. Fioccola re #1 Complaint,,,. (Attachments: #1 Stipulation regarding Defendant Canaccord Genuity Group Inc.'s and Legacy Aquisition Sponsor I LLC and J. William Kurtin's time to respond to the complaint, #2 Text of Proposed Order, #3 Certificate of Service)(FIOCCOLA, DAVID) |
| Filing 46 NOTICE by LEGACY ACQUISITION SPONSOR I LLC. Change of Firm Name and Email Address of Pro Hac Vice Attorneys (RICH, MICHAEL) |
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Filing 45
ORDER granting Defendant J. WILLIAM KURTIN'S request for Extension of Time to Answer, Move or Otherwise Respond to Complaint. It is ORDERED that Kurtin's deadline to Answer, Move, or otherwise respond to the Complaint is now 5/11/2023. Signed by Magistrate Judge Rukhsanah L. Singh on 4/4/2023. (mlh)
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| Filing 44 Letter from Defendant J. William Kurtin re #1 Complaint,,,. (Attachments: #1 Stipulation regarding Defendant J. William Kurtin's Time to Answer, Move or Otherwise Respond to Complaint, #2 Text of Proposed Order, #3 Certificate of Service)(THARNEY, MATTHEW) |
| Filing 43 Letter from Anthony J. Staltari dated March 23, 2023, addressed to the Honorable Rukhsanah L. Singh regarding an update on service. (Attachments: #1 Exhibit A - Service Request Form, #2 Exhibit B - FedEx Confirmation of Receipt of Service Request Forms)(Staltari, Anthony) |
| Filing 42 Application and Proposed Order for Clerk's Order to extend time to answer as to Defendant J. William Kurtin. Attorney MATTHEW JUSTIN THARNEY for J. WILLIAM KURTIN added. (THARNEY, MATTHEW) |
| Filing 41 NOTICE of Appearance by MATTHEW JUSTIN THARNEY on behalf of J. WILLIAM KURTIN (THARNEY, MATTHEW) |
| Clerk`s Text Order - The Application fora Clerk's Order Extending Time to Answer #42 submitted by J. WILLIAM KURTIN on 3/21/2023 has been GRANTED. The answer due date has been set for 4/4/2023. (kht) |
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Filing 40
ORDER extending Defendants' deadline to answer, move, or otherwise respond to the Complaint until 5/11/2023. Signed by Magistrate Judge Rukhsanah L. Singh on 3/20/2023. (jdg)
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| Filing 39 Letter from David J. Fioccola re #1 Complaint,,,. (Attachments: #1 Stipulation regarding Defendant Canaccord Genuity Group Inc.'s and Legacy Aquisition Sponsor I LLC's time to respond to the complaint, #2 Text of Proposed Order, #3 Certificate of Service)(FIOCCOLA, DAVID) |
| Pro Hac Vice counsel, DANIEL J. KNECHT, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (kht) |
| Pro Hac Vice counsel, MICHAEL A. ROBERTS, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (kht) |
| Filing 38 Notice of Request by Pro Hac Vice Michael A. Roberts, Esq. to receive Notices of Electronic Filings. (RICH, MICHAEL) |
| Filing 37 Notice of Request by Pro Hac Vice Daniel J. Knecht, Esq. to receive Notices of Electronic Filings. (RICH, MICHAEL) |
| Pro Hac Vice fee received as to Daniel J Knecht, Esq: $150, receipt number TRE131302 (in-cmk) |
| Pro Hac Vice fee received as to Michael A Roberts, Esq: $150, receipt number TRE131301 (in-cmk) |
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Filing 36
ORDER extending Canaccord's and Sponsor;s deadline to answer, move, or otherwise respond to the Complaint until 3/27/2023. Signed by Magistrate Judge Rukhsanah L. Singh on 2/9/2023. (jal, )
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| Filing 35 Letter from David J. Fioccola re #1 Complaint,,,. (Attachments: #1 Stipulation regarding Defendant Canaccord Genuity Group Inc.'s Time to Answer, Move, or Otherwise Respond to Complaint, #2 Text of Proposed Order, #3 Certificate of Service)(FIOCCOLA, DAVID) |
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Filing 34
ORDER granting admission to appear PRO HAC VICE as to DANIEL J. KNECHT, ESQ. and MICHAEL A. ROBERTS, ESQ. Signed by Magistrate Judge Rukhsanah L. Singh on 2/3/2023. (mlh)
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| Filing 33 Exhibit to #1 Complaint,,, UNREDACTED version of Sealed Complaint and Exhibits E and F thereto by All Plaintiffs. (Attachments: #1 Exhibit A - Onyx Stockholders Agreement, #2 Exhibit B - Onyx Stock Purchase Agreement, #3 Exhibit C - Onyx Amended and Restated Certificate of Incorporation, #4 Exhibit D - Onyx Amended and Restated Bylaws, #5 Exhibit E - [SEALED] Draft Legacy Letter of Intent - 2020-07-30, #6 Exhibit F - [SEALED] Draft Legacy Letter of Intent - 2020-08-04)(Staltari, Anthony)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. |
| The #1 Complaint filed on 12/27/2022 is a REDACTED version of the complaint and has been UNSEALED. Counsel will be filing an UNREDACTED version under SEAL as an Exhibit to #1 Complaint. This message is for informational purposes only. (jjc) |
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Filing 32
ORDER granting #3 Motion to Seal; it is further ordered that Plaintiff's shall file a redacted version of the Complaint. Signed by Magistrate Judge Rukhsanah L. Singh on 1/31/2023. (kht)
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| Filing 31 Letter from Michael L Rich, Esq. requesting Pro Hac Vice admission of Daniel J Knecht, Esq. and Michael A Roberts, Esq.. (Attachments: #1 Declaration of Michael L Rich in support of Pro Hac Vice Application, #2 Declaration of David J Knecht in support of Pro Hac Vice Application, #3 Declaration of Michael A Roberts in support of Pro Hac Vice Application, #4 Text of Proposed Order)(RICH, MICHAEL) |
| Filing 30 Letter re #3 MOTION to Seal . (Staltari, Anthony) |
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Filing 29
ORDER granting Legacy's deadline to answer, move, or otherwise respond to the Complaint until 2/24/2023. Signed by Magistrate Judge Rukhsanah L. Singh on 1/30/2023. (kht)
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| Filing 28 Letter from Michael L. Rich re #1 Complaint,,,. (Attachments: #1 Stipulation for Extension of Time to Respond to the Complaint, #2 Text of Proposed Order, #3 Certificate of Service)(RICH, MICHAEL) |
| Pro Hac Vice counsel, ANTHONY S. FIOTTO and ERIC D. LAWSON, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (kht) |
| Filing 27 NOTICE of Appearance by MICHAEL L. RICH on behalf of LEGACY ACQUISITION SPONSOR I LLC. (RICH, MICHAEL) |
| Filing 26 Notice of Request by Pro Hac Vice Eric D. Lawson to receive Notices of Electronic Filings. (FIOCCOLA, DAVID) |
| Filing 25 Notice of Request by Pro Hac Vice Anthony S. Fiotto to receive Notices of Electronic Filings. (FIOCCOLA, DAVID) |
| Filing 24 Third Party Litigation Funding disclosure statement pursuant to L.Civ.R 7.1.1(a)(1-3) filed by ROMAN GERASHENKO, STANISLAV ROYZENSHTEYN. (Staltari, Anthony) |
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Filing 23
ORDER granting #12 Motion for Leave to Appear Pro Hac Vice Admission as to Eric D. Lawson. Signed by Magistrate Judge Rukhsanah L. Singh on 1/24/2023. (kht)
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Filing 22
ORDER granting #11 Motion for Leave to Appear Pro Hac Vice Admission as to Anthony S. Fiotto. Signed by Magistrate Judge Rukhsanah L. Singh on 1/24/2023. (kht)
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| Pro Hac Vice fee received as to Anthony S. Fiotto and Eric D. Lawson: $300, receipt number TRE130680 (in-cmk) |
| Pro Hac Vice counsel, ROLLO C. BAKER, SOPHIA Y. HILL, ELLISON WARD MERKEL and EDGAR O. ALIFEROV, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (kht) |
| Filing 21 Notice of Request by Pro Hac Vice Edgar O. Aliferov to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-13978038.) (Staltari, Anthony) |
| Filing 20 Notice of Request by Pro Hac Vice Ellison Ward Merkel to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-13978034.) (Staltari, Anthony) |
| Filing 19 Notice of Request by Pro Hac Vice Sophia Y. Hill to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-13978022.) (Staltari, Anthony) |
| Filing 18 Notice of Request by Pro Hac Vice Rollo C. Baker to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-13977999.) (Staltari, Anthony) |
| Filing 17 Certification of Plaintiffs' Certification Pursuant to Local Civil Rule 201.1(D)(3) of Non-Arbitrability on behalf of ROMAN GERASHENKO, STANISLAV ROYZENSHTEYN. (Staltari, Anthony) |
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Filing 16
ORDER extending Defendant Canccord Genuity Group Inc.'s time to answer, move, or otherwise respond to complaint until 2/24/2023. Signed by Magistrate Judge Rukhsanah L. Singh on 1/19/2023. (kht)
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| Filing 15 Letter from David J. Fioccola re #1 Complaint,,,. (Attachments: #1 Stipulation regarding Defendant Canaccord Genuity Group Inc.'s Time to Answer, Move, or Otherwise Respond to Complaint, #2 Text of Proposed Order, #3 Certificate of Service)(FIOCCOLA, DAVID) |
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Filing 14
ORDER granting admission pro hac vice as to Rollo c. Baker, Ellison Ward Merkel, Edgar O. Alierov, and Sophia Y. Hill. Signed by Magistrate Judge Rukhsanah L. Singh on 1/13/2023. (mg)
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| Filing 13 Letter from Anthony J. Staltari re: admission of counsel pro hac vice. (Attachments: #1 Declaration of Anthony J. Staltari, #2 Declaration of Rollo C. Baker, #3 Declaration of Ellison Ward Merkel, #4 Declaration of Edgar O. Aliferov, #5 Declaration of Sophia Y. Hill, #6 Text of Proposed Order)(Staltari, Anthony) |
| Set Deadlines as to #12 MOTION for Leave to Appear Pro Hac Vice . Motion set for 2/6/2023 before Magistrate Judge Rukhsanah L. Singh. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (kht) |
| Set Deadlines as to #11 MOTION for Leave to Appear Pro Hac Vice . Motion set for 2/6/2023 before Magistrate Judge Rukhsanah L. Singh. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (kht) |
| Filing 12 MOTION for Leave to Appear Pro Hac Vice by CANACCORD GENUITY GROUP INC.. (Attachments: #1 Exhibit A - Certification of David J. Fioccola in support of motion for Eric D. Lawson to appear Pro Hac Vice, #2 Exhibit B- Certification of Eric D. Lawson in support of motion to appear Pro Hac Vice, #3 Text of Proposed Order, #4 Certificate of Service)(FIOCCOLA, DAVID) |
| Filing 11 MOTION for Leave to Appear Pro Hac Vice by CANACCORD GENUITY GROUP INC.. (Attachments: #1 Exhibit A - Certification of David J. Fioccola in support of motion for Anthony S. Fiotto to appear Pro Hac Vice, #2 Exhibit B - Certification of Anthony S. Fiotto in support of motion to appear Pro Hac Vice, #3 Text of Proposed Order, #4 Certificate of Service)(FIOCCOLA, DAVID) |
| Filing 10 Corporate Disclosure Statement by CANACCORD GENUITY GROUP INC. identifying none as Corporate Parent.. (Attachments: #1 Certificate of Service)(FIOCCOLA, DAVID) |
| Filing 9 NOTICE of Appearance by DAVID JOHN FIOCCOLA on behalf of CANACCORD GENUITY GROUP INC. (Attachments: #1 Certificate of Service)(FIOCCOLA, DAVID) |
| Filing 8 Diversity Disclosure Statement by ROMAN GERASHENKO, STANISLAV ROYZENSHTEYN. (Staltari, Anthony) |
| Filing 7 AFFIDAVIT of Service for Summons, Complaint, Jury Demand and Motion to Seal with Proposed Order served on Legacy Acquisition Sponsor I LLC c/o Corporate Service Company on January 4, 2023, filed by ROMAN GERASHENKO, STANISLAV ROYZENSHTEYN. (Staltari, Anthony) |
| Filing 6 AFFIDAVIT of Service for Summons, Complaint, Jury Demand and Motion to Seal with Proposed Order served on Canaccord Genuity Group c/o CT Corporation System on January 3, 2023, filed by ROMAN GERASHENKO, STANISLAV ROYZENSHTEYN. (Staltari, Anthony) |
| Filing 5 SUMMONS ISSUED as to KAILAS AGRAWAL, CANACCORD GENUITY GROUP INC., IN COLOUR CAPITAL INC., CAREY KURTIN, J. WILLIAM KURTIN, LEGACY ACQUISITION SPONSOR I LLC., ONYX ENTERPRISES CANADA INC., PRASHANT PATHAK. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (kht) |
| Filing 4 SUMMONS ISSUED as to KAILAS AGRAWAL, CANACCORD GENUITY GROUP INC., IN COLOUR CAPITAL INC., CAREY KURTIN, J. WILLIAM KURTIN, LEGACY ACQUISITION SPONSOR I LLC., ONYX ENTERPRISES CANADA INC., PRASHANT PATHAK. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (kht) |
| Set Deadlines as to #3 MOTION to Seal . Motion set for 2/6/2023 before Magistrate Judge Rukhsanah L. Singh. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (kht) |
| CLERK'S QUALITY CONTROL MESSAGE - Please be advised, pursuant to Fed. R. Civ. P. 7.1, a disclosure statement is required to be filed by parties and intervenors in diversity actions to identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Such disclosure statements must be filed with the parties, intervenors or proposed intervenors first appearance, pleading, petition, motion, response or other request addressed to the Court. (kht) |
| Judge Georgette Castner and Magistrate Judge Rukhsanah L. Singh added. (kht) |
| Filing 3 MOTION to Seal by ROMAN GERASHENKO, STANISLAV ROYZENSHTEYN. (Attachments: #1 Declaration of Anthony J. Staltari in support of Motion to Seal, #2 Exhibit 1- Complaint with Exhibits A-F, #3 Text of Proposed Order to Seal Complaint and Exhibits)(Staltari, Anthony) |
| Filing 2 Exhibit to #1 Complaint,, Civil Cover Sheet by ROMAN GERASHENKO, STANISLAV ROYZENSHTEYN. (Staltari, Anthony) |
| Filing 1 COMPLAINT against KAILAS AGRAWAL, CANACCORD GENUITY GROUP INC., IN COLOUR CAPITAL INC., CAREY KURTIN, J. WILLIAM KURTIN, LEGACY ACQUISITION SPONSOR I LLC., ONYX ENTERPRISES CANADA INC., PRASHANT PATHAK with JURY DEMAND, filed by ROMAN GERASHENKO, STANISLAV ROYZENSHTEYN. ( Filing and Admin fee $ 402 receipt number ANJDC-13920808) (Attachments: #1 Exhibit A- Stockholders Agreement, #2 Exhibit B- Stock Purchase Agreement, #3 Exhibit C- Onyx Amended and Restated Certificate of Incorporation, #4 Exhibit D- Onyx Amended and Restated Bylaws, #5 Exhibit E- Unsigned LOI from Legacy - 2020-07-30 (redacted), #6 Exhibit F- Draft Legacy Letter of Intent - 2020-08-04 (redacted), #7 Exhibit Receipt of previously paid filing fee for Complaint)(Staltari, Anthony) Modified on 12/28/2022 (kht, ). |
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