Precedo Capital Group Inc. et al v. Twitter Inc. Featured Case

Precedo Capital Group Inc. and Continental Advisors SA filed this lawsuit alleging that Twitter fraudulently had them organize a private sale of its shares then canceled the sale in order to inflate the company's valuation and and raise its share prices for its initial public offering (IPO). The lawsuit comes as Twitter is preparing for a much-anticipated IPO. The firms seek $24.2 million in compensatory damages, as well as $100 million in punitive damages and other remedies.

Plaintiff: Precedo Capital Group Inc. and Continental Advisors SA
Defendant: Twitter Inc.
Case Number: 1:2013cv07678
Filed: October 30, 2013
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: XX Out of State
Presiding Judge: Shira A. Scheindlin
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 15, 2014. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 21, 2014 Filing 39 AMENDED NOTICE OF APPEAL re: 38 Notice of Appeal, 37 Clerk's Judgment, 36 Memorandum & Opinion,. Document filed by Continental Advisors SA, Precedo Capital Group LLC. (Williams, Marc)
May 21, 2014 Filing 38 NOTICE OF APPEAL from 37 Clerk's Judgment, 36 Memorandum & Opinion,. Document filed by Continental Advisors SA, Precedo Capital Group LLC. Filing fee $ 505.00. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Williams, Marc)
May 21, 2014 Appeal Fee Payment: for 38 Notice of Appeal,. Filing fee $ 505.00, receipt number 0208-9696920. (Williams, Marc)
May 21, 2014 Appeal Fee Payment: for 38 Notice of Appeal,. Filing fee $ 505.00. (Williams, Marc)
May 21, 2014 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 38 Notice of Appeal,. (nd)
May 21, 2014 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 38 Notice of Appeal, filed by Precedo Capital Group LLC, Continental Advisors SA were transmitted to the U.S. Court of Appeals. (nd)
April 22, 2014 Filing 37 CLERK'S JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated April 21, 2014, Defendants' motion to dismiss is granted and the complaint is dismissed; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 4/22/2014) (Attachments: # 1 Notice of Right to Appeal)(jno) (Main Document 37 replaced on 5/21/2014) (jno).
April 22, 2014 Terminate Transcript Deadlines (jno)
April 21, 2014 Opinion or Order Filing 36 OPINION AND ORDER 104238 re: 30 MOTION to Dismiss the Second Amended Verified Complaint filed by Twitter Inc. For the foregoing reasons, Twitter's motion to dismiss is GRANTED with prejudice. The Clerk of the Court is directed to close this motion (Docket No. 31) and this case. (Signed by Judge Shira A. Scheindlin on 4/21/2014) (lmb) Modified on 4/24/2014 (nt).
April 21, 2014 Transmission to Judgments and Orders Clerk. Transmitted re: 36 Memorandum & Opinion, to the Judgments and Orders Clerk. (lmb)
March 19, 2014 Filing 35 REPLY MEMORANDUM OF LAW in Support re: 30 MOTION to Dismiss the Second Amended Verified Complaint.. Document filed by Twitter Inc.. (Angiolillo, Bruce)
March 12, 2014 Filing 34 MEMORANDUM OF LAW in Opposition re: 30 MOTION to Dismiss the Second Amended Verified Complaint.. Document filed by Continental Advisors SA, Precedo Capital Group LLC. (Mannarino, Ottavio)
March 12, 2014 Filing 33 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/19/14 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari)
March 12, 2014 Filing 32 TRANSCRIPT of Proceedings re: CONFERENCE held on 2/19/2014 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Denise Richards, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/7/2014. Redacted Transcript Deadline set for 4/17/2014. Release of Transcript Restriction set for 6/13/2014.(Rodriguez, Somari)
March 5, 2014 Filing 31 MEMORANDUM OF LAW in Support re: 30 MOTION to Dismiss the Second Amended Verified Complaint.. Document filed by Twitter Inc.. (Angiolillo, Bruce)
March 5, 2014 Filing 30 MOTION to Dismiss the Second Amended Verified Complaint. Document filed by Twitter Inc..(Angiolillo, Bruce)
February 26, 2014 Filing 29 SECOND AMENDED COMPLAINT amending 11 Amended Complaint against Twitter Inc. with JURY DEMAND.Document filed by Precedo Capital Group LLC, Continental Advisors SA. Related document: 11 Amended Complaint filed by Precedo Capital Group LLC, Continental Advisors SA. (Attachments: # 1 part 2)(lmb)
February 19, 2014 Opinion or Order Filing 28 ORDER denying 13 Motion to Dismiss. For the reasons stated during the conference held on 2/19/2014, Defendant's Motion to Dismiss the First Amended Verified Complaint is denied without prejudice, and with leave to renew. Plaintiffs shall file an amended complaint by 2/26/2014. Defendant's motion to dismiss is due 3/5/2014; Plaintiffs' opposition is due 3/12/2014; and Defendant's reply is due 3/19/2014. The Clerk of Court is directed to close this motion (Docket #13). (Signed by Judge Shira A. Scheindlin on 2/19/2014) (tro)
February 19, 2014 Set/Reset Deadlines: Amended Pleadings due by 2/26/2014. Motions due by 3/5/2014. Responses due by 3/12/2014, Replies due by 3/19/2014. (tro)
February 19, 2014 Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 2/19/2014. (Bloomfield, Clifford)
February 12, 2014 Filing 27 LETTER addressed to Judge Shira A. Scheindlin from Bruce D. Angiolillo dated February 12, 2014 re: Response to Plaintiffs' February 11, 2014 Letter. Document filed by Twitter Inc..(Angiolillo, Bruce)
February 11, 2014 Filing 26 LETTER addressed to Judge Shira A. Scheindlin from Joseph P. Baratta dated February 11, 2014 re: Affidavit in support of Plaintiff's Opposition to Defendant's Motion to Dismiss. Document filed by Continental Advisors SA, Precedo Capital Group LLC.(Mannarino, Ottavio)
February 7, 2014 Filing 25 REPLY MEMORANDUM OF LAW in Support re: 13 MOTION to Dismiss the First Amended Verified Complaint.. Document filed by Twitter Inc.. (Angiolillo, Bruce)
January 29, 2014 Filing 24 AFFIDAVIT of Danielle Spangler in Opposition re: 13 MOTION to Dismiss the First Amended Verified Complaint.. Document filed by Continental Advisors SA, Precedo Capital Group LLC. (Mannarino, Ottavio)
January 29, 2014 Filing 23 AFFIDAVIT of Edward Schneider in Opposition re: 13 MOTION to Dismiss the First Amended Verified Complaint.. Document filed by Continental Advisors SA, Precedo Capital Group LLC. (Mannarino, Ottavio)
January 29, 2014 Filing 22 AFFIDAVIT of Timothy Moran in Opposition re: 13 MOTION to Dismiss the First Amended Verified Complaint.. Document filed by Continental Advisors SA, Precedo Capital Group LLC. (Mannarino, Ottavio)
January 29, 2014 Filing 21 AFFIDAVIT of Mark Porcelli in Opposition re: 13 MOTION to Dismiss the First Amended Verified Complaint.. Document filed by Continental Advisors SA, Precedo Capital Group LLC. (Mannarino, Ottavio)
January 29, 2014 Filing 20 AFFIDAVIT of Andreea Porcelli in Opposition re: 13 MOTION to Dismiss the First Amended Verified Complaint.. Document filed by Continental Advisors SA, Precedo Capital Group LLC. (Mannarino, Ottavio)
January 29, 2014 Filing 19 MEMORANDUM OF LAW in Opposition re: 13 MOTION to Dismiss the First Amended Verified Complaint.. Document filed by Continental Advisors SA, Precedo Capital Group LLC. (Mannarino, Ottavio)
January 27, 2014 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Ottavio Vincenzo Mannarino to RE-FILE Document 16 Memorandum of Law in Opposition to Motion, 18 Memorandum of Law in Opposition to Motion. ERROR(S): Supporting/Opposing documents must be filed separately, each receiving their own document number. Affidavit in Opposition to Motion is found under the event list Replies, Opposition and Supporting Documents. NOTE: You must indicate the case number on each Affidavit before re-filing. (ldi)
January 27, 2014 Filing 18 FILING ERROR - DEFICIENT DOCKET ENTRY - AMENDED MEMORANDUM OF LAW in Opposition re: 13 MOTION to Dismiss the First Amended Verified Complaint.. Document filed by Continental Advisors SA, Precedo Capital Group LLC. (Attachments: # 1 Affidavit Andreea Porcelli, # 2 Affidavit Mark Porcelli, # 3 Affidavit Tim Moran, # 4 Affidavit Schnieder, # 5 Affidavit Spangler)(Mannarino, Ottavio) Modified on 1/29/2014 (ldi).
January 27, 2014 Filing 17 LETTER addressed to Judge Shira A. Scheindlin from Ottavio V. Mannarino dated January 24, 2014 re: Electronic Case Filing System. Document filed by Continental Advisors SA, Precedo Capital Group LLC.(Mannarino, Ottavio)
January 27, 2014 Filing 16 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: 13 MOTION to Dismiss the First Amended Verified Complaint.. Document filed by Continental Advisors SA, Precedo Capital Group LLC. (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Affidavit, # 4 Affidavit, # 5 Affidavit)(Mannarino, Ottavio) Modified on 1/29/2014 (ldi).
December 16, 2013 Filing 15 DECLARATION of Bruce D. Angiolillo (with Exhibit A) in Support re: 13 MOTION to Dismiss the First Amended Verified Complaint.. Document filed by Twitter Inc.. (Angiolillo, Bruce)
December 16, 2013 Filing 14 MEMORANDUM OF LAW in Support re: 13 MOTION to Dismiss the First Amended Verified Complaint.. Document filed by Twitter Inc.. (Angiolillo, Bruce)
December 16, 2013 Filing 13 MOTION to Dismiss the First Amended Verified Complaint. Document filed by Twitter Inc.. Responses due by 1/24/2014(Angiolillo, Bruce)
December 16, 2013 Filing 12 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Twitter Inc..(Angiolillo, Bruce)
December 10, 2013 Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 12/10/2013. (Reily, James)
November 26, 2013 Opinion or Order Filing 10 ORDER: 12/9/2013 Initial Conference reset for 12/10/2013 at 04:30 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Shira A. Scheindlin. (Signed by Judge Shira A. Scheindlin on 11/26/2013) (cd)
November 25, 2013 Filing 11 FIRST AMENDED COMPLAINT amending 1 Complaint against Twitter Inc. with JURY DEMAND. Document filed by Precedo Capital Group LLC, Continental Advisors SA. Related document: 1 Complaint filed by Continental Advisors SA. (rjm)
November 14, 2013 Opinion or Order Filing 9 STIPULATION AND ORDER: that Defendant's time to answer, move, or otherwise respond to the complaint shall be extended from November 21, 2013 until December 16, 2013. No further extensions will be granted. Twitter Inc. answer due 12/16/2013. (Signed by Judge Shira A. Scheindlin on 11/14/2013) (cd)
November 14, 2013 Filing 8 NOTICE OF APPEARANCE by Ottavio Vincenzo Mannarino on behalf of Continental Advisors SA, Precedo Capital Group Inc.. (Mannarino, Ottavio)
November 14, 2013 Filing 7 NOTICE OF CHANGE OF ADDRESS by Ottavio Vincenzo Mannarino on behalf of All Plaintiffs. New Address: Baratta, Baratta & Aidala, LLP, 546 Fifth Avenue, New York, New York, United States 10036, 212 750 9700. (Mannarino, Ottavio)
November 13, 2013 Opinion or Order Filing 6 ORDER FOR INITIAL PRETRIAL CONFERENCE: Initial Conference set for 12/9/2013 at 04:30 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Shira A. Scheindlin, and as further set forth in this document. (Signed by Judge Shira A. Scheindlin on 11/13/2013) (cd)
November 8, 2013 Filing 5 NOTICE OF APPEARANCE by Daniel Joseph Stujenske on behalf of Twitter Inc.. (Stujenske, Daniel)
November 8, 2013 Filing 4 NOTICE OF APPEARANCE by Jonathan K. Youngwood on behalf of Twitter Inc.. (Youngwood, Jonathan)
November 8, 2013 Filing 3 NOTICE OF APPEARANCE by Bruce Domenick Angiolillo on behalf of Twitter Inc.. (Angiolillo, Bruce)
November 6, 2013 Filing 2 CERTIFICATE OF SERVICE of Summons and Complaint. All Defendants. Document filed by Precedo Capital Group Inc., Continental Advisors SA. (Mannarino, Ottavio)
October 30, 2013 Filing 1 COMPLAINT against Twitter Inc.. (Filing Fee $ 350.00, Receipt Number 1080184)Document filed by Precedo Capital Group Inc., Continental Advisors SA.(laq) (laq).
October 30, 2013 SUMMONS ISSUED as to Twitter Inc. (laq)
October 30, 2013 Case Designated ECF. (laq)
October 30, 2013 Magistrate Judge Ronald L. Ellis is so designated. (laq)

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Plaintiff: Precedo Capital Group Inc.
Represented By: Joseph Peter Baratta, Sr.
Represented By: Ottavio Vincenzo Mannarino
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Plaintiff: Continental Advisors SA
Represented By: Joseph Peter Baratta, Sr.
Represented By: Ottavio Vincenzo Mannarino
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Defendant: Twitter Inc.
Represented By: Bruce Domenick Angiolillo
Represented By: Daniel Joseph Stujenske
Represented By: Jonathan K. Youngwood
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