Maschhoff v. Polished.com Inc. et al
| Ryan Maschhoff |
| Polished.com Inc., Douglas T. Moore, Robert D. Barry, Albert Fouerti, Maria Johnson, Ellery W. Roberts, ThinkEquity, a division of Fordham Financial Management, Inc., Aegis Capital Corp. and Spartan Capital Securities, LLC |
| Anthony Porraro, Eden Alpha CI LP and Ari Gold |
| 1:2022cv06606 |
| October 31, 2022 |
| US District Court for the Eastern District of New York |
| Nicholas G Garaufis |
| Vera M Scanlon |
| Securities/Commodities |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 23, 2023. A more recent docket listing may be available from PACER.
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| Filing 29 WAIVER OF SERVICE Returned Executed by Ryan Maschhoff, Eden Alpha CI LP. Spartan Capital Securities, LLC waiver sent on 5/31/2023, answer due 7/31/2023; ThinkEquity, a division of Fordham Financial Management, Inc. waiver sent on 5/31/2023, answer due 7/31/2023. (Attachments: #1 Waiver for Spartan Capital Securities) (Goldberg, Jacob) |
ORDER granting #27 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Vera M. Scanlon on 6/21/2023. (MG)
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| Filing 28 WAIVER OF SERVICE Returned Executed by Ryan Maschhoff, Eden Alpha CI LP. Maria Johnson waiver sent on 5/4/2023, answer due 7/3/2023. (Goldberg, Jacob) |
| Filing 27 MOTION to Appear Pro Hac Vice of Douglas W. Greene Filing fee $ 150, receipt number ANYEDC-16710725 by Maria Johnson. (Attachments: #1 Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, #2 Certificate of Good Standing from the Supreme Court of the State of Washington) (Greene, Douglas) |
| Filing 26 NOTICE of Appearance by Zachary Rowen Taylor on behalf of Maria Johnson (aty to be noticed) (Taylor, Zachary) |
| Filing 25 NOTICE of Appearance by Genevieve Graeme York-Erwin on behalf of Maria Johnson (aty to be noticed) (York-Erwin, Genevieve) |
| Filing 24 WAIVER OF SERVICE Returned Executed by Ryan Maschhoff, Eden Alpha CI LP. Albert Fouerti waiver sent on 5/4/2023, answer due 7/3/2023. (Goldberg, Jacob) |
| Filing 23 SUMMONS Returned Executed by Ryan Maschhoff, Eden Alpha CI LP. Aegis Capital Corp. served on 3/24/2023, answer due 4/14/2023. (Kim, Phillip) |
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ORDER granting #22 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Vera M. Scanlon on 4/26/2023. (MG)
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| Filing 22 MOTION to Appear Pro Hac Vice of Gonen Haklay Filing fee $ 150, receipt number ANYEDC-16631748 by Eden Alpha CI LP, Ryan Maschhoff. (Attachments: #1 Affidavit of Gonen Haklay, #2 Certificate of Good Standing (Pennsylvania), #3 Certificate of Good Standing (New Jersey)) (Haklay, Gonen) |
| Filing 21 NOTICE of Appearance by Jacob A. Goldberg on behalf of Eden Alpha CI LP, Ryan Maschhoff (aty to be noticed) (Goldberg, Jacob) |
| Filing 20 NOTICE by Anthony Porraro re #6 MOTION to Appoint Counsel and Motion to Appoint Lead Plaintiff - Notice of Non-Opposition to Competing Lead Plaintiff Motions (Apton, Adam) |
| Filing 19 NOTICE of Appearance by David A,. Schrader on behalf of ThinkEquity, a division of Fordham Financial Management, Inc. (aty to be noticed) (Schrader, David) |
| Filing 18 NOTICE of Appearance by Jason Daniel Gerstein on behalf of Polished.com Inc. (aty to be noticed) (Gerstein, Jason) |
| Filing 17 Corporate Disclosure Statement by Polished.com Inc. identifying Corporate Parent No Corporate Parent for Polished.com Inc.. (Hoeffner, Timothy) |
| Filing 16 NOTICE of Appearance by Timothy E. Hoeffner on behalf of Polished.com Inc. (aty to be noticed) (Hoeffner, Timothy) |
| Filing 15 REPLY in Support re #9 MOTION to Appoint Counsel and Lead Plaintiff filed by Eden Alpha CI LP. (Rosen, Laurence) |
| Filing 14 REPLY in Support re #11 MOTION to Appoint Counsel and Lead Plaintiff Reply Memorandum of Law: (1) In Further Support of Motion of Ari Gold for Appointment as Lead Plaintiff and Approval of Lead Counsel; and (2) In Opposition to Competing Motions filed by Ari Gold. (Lieberman, Jeremy) |
| Filing 13 MEMORANDUM in Support re #11 MOTION to Appoint Counsel and Lead Plaintiff filed by Ari Gold. (Lieberman, Jeremy) |
| Filing 12 MEMORANDUM in Opposition re #11 MOTION to Appoint Counsel and Lead Plaintiff, #6 MOTION to Appoint Counsel and Motion to Appoint Lead Plaintiff filed by Eden Alpha CI LP. (Kim, Phillip) |
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ORDER: The #6 Motion to Appoint Counsel and Lead Plaintiff, #9 Motion to Appoint Counsel and Lead Plaintiff, and #11 Motion to Appoint Counsel and Lead Plaintiff are respectfully REFERRED to Magistrate Judge Vera M. Scanlon for decision pursuant to 28 U.S.C. 636(b)(1)(A) and Federal Rule of Civil Procedure 72(a). Ordered by Judge Nicholas G. Garaufis on 01/11/2023. (Feder, Daniel)
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| Filing 11 MOTION to Appoint Counsel and Lead Plaintiff by Ari Gold. (Attachments: #1 Proposed Order, #2 Memorandum in Support, #3 Declaration, #4 Exhibit A - Damages Analysis, #5 Exhibit B - Press Release, #6 Exhibit C - Certification, #7 Exhibit D - Movant Declaration, #8 Exhibit E - Firm Resume) (Lieberman, Jeremy) |
| Filing 10 MEMORANDUM in Support re #9 MOTION to Appoint Counsel and Lead Plaintiff filed by Eden Alpha CI LP. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Kim, Phillip) |
| Filing 9 MOTION to Appoint Counsel and Lead Plaintiff by Eden Alpha CI LP. (Attachments: #1 Proposed Order) (Kim, Phillip) |
| Filing 8 DECLARATION re #6 MOTION to Appoint Counsel and Motion to Appoint Lead Plaintiff by Anthony Porraro (Attachments: #1 Exhibit A- PSLRA Certification, #2 Exhibit B- Loss Chart, #3 Exhibit C- PSLRA Notice, #4 Exhibit D- Movant Declaration, #5 Exhibit E- LK Resume) (Apton, Adam) |
| Filing 7 MEMORANDUM in Support re #6 MOTION to Appoint Counsel and Motion to Appoint Lead Plaintiff filed by Anthony Porraro. (Apton, Adam) |
| Filing 6 MOTION to Appoint Counsel and Motion to Appoint Lead Plaintiff by Anthony Porraro. (Attachments: #1 Proposed Order) (Apton, Adam) |
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ORDER. The stipulation at #5 is so ordered, as amended by this text order: Lead plaintiff motions are due 12/30/2022. After the Court's appointment of a lead counsel and lead plaintiff, the Court will set a schedule for the filing of the amended complaint and of a response. If needed, the Court will request the input of the parties as to the schedule for the filings. Defendants' time to file an answer or other response to the complaint is stayed until after the filing of an amended complaint, to a date to be set by the Court. Discovery is stayed pending the outcome of the motion to dismiss, if one is made, or pending the filing of the answer, if Defendants do not file a motion to dismiss. Within ten days of the filing of the answer, counsel are to submit a joint proposed discovery schedule and contact the Magistrate Judge to request a conference. Ordered by Magistrate Judge Vera M. Scanlon on 12/28/2022. (MG)
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| Filing 5 STIPULATION re #1 Complaint, and Proposed Order by Robert D. Barry, Douglas T. Moore, Polished.com Inc., Ellery W. Roberts (Hoeffner, Timothy) Modified on 12/28/2022 (MG). |
| Filing 4 Summons Issued as to Aegis Capital Corp., Robert D. Barry, Albert Fouerti, Maria Johnson, Douglas T. Moore, Polished.com Inc., Ellery W. Roberts, Spartan Capital Securities, LLC, ThinkEquity, a division of Fordham Financial Management, Inc.. (KD) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| Filing 2 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (KD) |
| Case Assigned to Judge Nicholas G. Garaufis and Magistrate Judge Vera M. Scanlon. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (KD) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-16091260 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Ryan Maschhoff. (Attachments: #1 PSLRA Certification, #2 Civil Cover Sheet, #3 Proposed Summons) (Kim, Phillip) |
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