Cortina v. Anavex Life Sciences Corp et al

Justia Dockets & Filings Second Circuit New York Southern District Cortina v. Anavex Life Sciences Corp et al

Cortina v. Anavex Life Sciences Corp et al

Plaintiff:	Michael Yu, Kevin Cortina and Arina Davliatshina
Defendant:	Sandra Boenisch, Anavex Life Sciences Corp, Athanasios Skarpelos and Christopher U Missling
Petitioner:	Lam Truong, Phillip Din, Stanley Gunawan and Stephen Lin
Case Number:	1:2015cv10162
Filed:	December 30, 2015
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	XX Out of State
Presiding Judge:	Jesse M Furman
Nature of Suit:	Securities/Commodities
Cause of Action:	15 U.S.C. § 78
Jury Demanded By:	Plaintiff

RSS Track this Docket

Docket Report

This docket was last retrieved on March 29, 2017. A more recent docket listing may be available from PACER.

Date Filed	Document Text
March 29, 2017	Filing 78 MANDATE of USCA (Certified Copy) as to #77 Notice of Appeal, filed by Arina Davliatshina, Michael Yu, Lam Truong. USCA Case Number 17-0277. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to FRAP 42. The stipulation is hereby "So Ordered".. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 03/29/2017. (nd)
January 27, 2017	Filing 77 NOTICE OF APPEAL from #75 Memorandum & Opinion,,,,,,,,,,,,, #76 Clerk's Judgment,,,,,,,,,,. Document filed by Arina Davliatshina, Lam Truong, Michael Yu. Filing fee $ 505.00, receipt number 0208-13250177. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Apton, Adam)
January 27, 2017	Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #77 Notice of Appeal, filed by Arina Davliatshina, Michael Yu, Lam Truong were transmitted to the U.S. Court of Appeals. (nd)
January 27, 2017	Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #77 Notice of Appeal,. (nd)
December 29, 2016	Filing 76 CLERK'S JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated December 29, 2016, Plaintiffs' claims under Section 10(b) and Rule 10b-5 must be and are dismissed. It follows that their claims for control person liability under Section 20(a), which depend upon the existence of a "primary violation," also fail. See, e.g., First Jersey Sec., Inc., 101 F.3d at 1472. That leaves only the question of whether Plaintiffs' should be granted leave to amend their complaint for a second time, as they perfunctorily request in a footnote at the end of the memorandum of law in opposition to Defendants' motion. (See Pls.' Opp'n 19 n.13). The Court has declined to grant Plaintiffs' request for a combination of three reasons. First, amendment here would likely be futile. Indeed, given the various grounds for the Court's decision, there is nothing to suggest that Plaintiffs would be able to state a valid claim should the Court grant them leave to amend. See, e.g., Ruffolo v. Oppenheimer & Co., 987 F.2d 129, 131 (2d Cir. 1993) ("Where it appears that granting leave to amend is unlikely to be productive... it is not an abuse of discretion to deny leave to amend."). Second, and related, Plaintiffs have not "given any indication that [they are] in possession of facts that would cure the problems identified in the opinion." Clark v. Kitt, No. 12-CV-8061 (CS), 2014 WL 4054284, at 15 (S.D.N.Y. Aug. 15, 2014); see also TechnoMarine SA v. Giftports, Inc., 758 F.3d 493, 505 (2d Cir. 2014) ("A Plaintiff need not be given leave to amend if it fails to specify... how amendment would cure the pleading deficiencies in its complaint."). Finally, in granting leave to file a first amended complaint, the Court expressly warned that Plaintiffs would not be given another opportunity to address the issues raised in Defendants' motion to dismiss. (See Docket No. 64). See, e.g., Clark, 2014 WL 4054284, at 15 (holding that the plaintiffs failure to remedy the complaint's deficiencies identified by an earlier motion to dismiss "is alone sufficient grounds to deny leave to amend"); see also, e.g., Ruotolo v. City of N.Y., 514 F.3d 184, 191 (2d Cir. 2008) (affirming the district court's denial of leave to amend in part because of the previous opportunities that the Plaintiff had received to amend the complaint); accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 12/29/2016) (Attachments: #1 Right to Appeal, #2 Right to Appeal)(km)
December 29, 2016	Filing 75 OPINION AND ORDER re: #69 MOTION For Judicial Notice re: #60 MOTION to Dismiss Plaintiffs' Amended Complaint filed by Christopher U Missling, Anavex Life Sciences Corp, Athanasios Skarpelos, Sandra Boenisch, #66 LETTER MOTION for Oral Argument addressed to Judge Jesse M. Furman from Adam M. Apton dated July 13, 2016 filed by Arina Davliatshina, Michael Yu, Lam Truong, #60 MOTION to Dismiss Plaintiffs' Amended Complaint filed by Christopher U Missling, Anavex Life Sciences Corp, Athanasios Skarpelos, Sandra Boenisch, #61 LETTER MOTION for Oral Argument re: Defendants' Motion to Dismiss addressed to Judge Jesse M. Furman from David H. Kistenbroker dated June 13, 2016 filed by Christopher U Missling, Anavex Life Sciences Corp, Athanasios Skarpelos, Sandra Boenisch. For all of the reasons stated above, Plaintiffs' claims under Section 10(b) and Rule 10b-5 must be and are dismissed. It follows that their claims for control person liability under Section 20(a), which depend upon the existence of a "primary violation," also fail. See, e.g., First Jersey Sec., Inc., 101 F.3d at 1472. That leaves only the question of whether Plaintiffs' should be granted leave to amend their complaint for a second time, as they perfunctorily request in a footnote at the end of the memorandum of law in opposition to Defendants' motion. (See Pls.' Opp'n 19 n.13). The Court declines to grant Plaintiffs' request for a combination of three reasons. First, amendment here would likely be futile. Indeed, given the various grounds for the Court's decision, there is nothing to suggest that Plaintiffs would be able to state a valid claim should the Court grant them leave to amend. See, e.g., Ruffolo v. Oppenheimer & Co., 987 F.2d 129, 131 (2d Cir. 1993) ("Where it appears that granting leave to amend is unlikely to be productive... it is not an abuse of discretion to deny leave to amend."). Second, and related, Plaintiffs have not "given any indication that [they are] in possession of facts that would cure the problems identified in this opinion." Clark v. Kitt, No. 12-CV-8061 (CS), 2014 WL 4054284, at 15 (S.D.N.Y. Aug. 15, 2014); see also TechnoMarine SA v. Giftports, Inc., 758 F.3d 493, 505 (2d Cir. 2014) ("A plaintiff need not be given leave to amend if it fails to specify... how amendment would cure the pleading deficiencies in its complaint."). Finally, in granting leave to file a first amended complaint, the Court expressly warned that Plaintiffs would not be given another opportunity to address the issues raised in Defendants' motion to dismiss. (See Docket No. 64). See, e.g., Clark, 2014 WL 4054284, at 15 (holding that the plaintiff's failure to remedy the complaint's deficiencies identified by an earlier motion to dismiss "is alone sufficient grounds to deny leave to amend"); see also, e.g., Ruotolo v. City of N.Y., 514 F.3d 184, 191 (2d Cir. 2008) (affirming the district court's denial of leave to amend in part because of the previous opportunities that the plaintiff had received to amend the complaint). The Clerk of Court is directed to terminate Docket Nos. 60, 61, 66, and 69, and to close this case. (Signed by Judge Jesse M. Furman on 12/29/2016) (cla)
December 29, 2016	Transmission to Judgments and Orders Clerk. Transmitted re: #75 Memorandum & Opinion, to the Judgments and Orders Clerk. (cla)
December 29, 2016	Terminate Transcript Deadlines (km)
September 15, 2016	Filing 74 RESPONSE re: #73 Notice (Other), . Document filed by Anavex Life Sciences Corp, Sandra Boenisch, Christopher U Missling, Athanasios Skarpelos. (Volz, Carl)
September 14, 2016	Filing 73 NOTICE of Supplemental Authority re: #60 MOTION to Dismiss Plaintiffs' Amended Complaint.. Document filed by Arina Davliatshina, Lam Truong, Michael Yu. (Attachments: #1 Exhibit Guevoura Fund v. Robert F. X. Sillerman, et al.)(Apton, Adam)
August 25, 2016	Filing 72 REPLY MEMORANDUM OF LAW in Support re: #69 MOTION For Judicial Notice re: #60 MOTION to Dismiss Plaintiffs' Amended Complaint. . . Document filed by Anavex Life Sciences Corp, Sandra Boenisch, Christopher U Missling, Athanasios Skarpelos. (Kistenbroker, David)
August 24, 2016	Filing 71 RESPONSE in Opposition to Motion re: #69 MOTION For Judicial Notice re: #60 MOTION to Dismiss Plaintiffs' Amended Complaint. . . Document filed by Arina Davliatshina, Lam Truong, Michael Yu. (Apton, Adam)
August 17, 2016	Filing 70 DECLARATION of David H. Kistenbroker in Support re: #69 MOTION For Judicial Notice re: #60 MOTION to Dismiss Plaintiffs' Amended Complaint. .. Document filed by Anavex Life Sciences Corp, Sandra Boenisch, Christopher U Missling, Athanasios Skarpelos. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Kistenbroker, David)
August 17, 2016	Filing 69 MOTION For Judicial Notice re: #60 MOTION to Dismiss Plaintiffs' Amended Complaint. . Document filed by Anavex Life Sciences Corp, Sandra Boenisch, Christopher U Missling, Athanasios Skarpelos.(Kistenbroker, David)
July 28, 2016	Filing 68 DECLARATION of David H. Kistenbroker (Supplemental) in Support re: #60 MOTION to Dismiss Plaintiffs' Amended Complaint.. Document filed by Anavex Life Sciences Corp, Sandra Boenisch, Christopher U Missling, Athanasios Skarpelos. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Kistenbroker, David)
July 27, 2016	Filing 67 REPLY MEMORANDUM OF LAW in Support re: #60 MOTION to Dismiss Plaintiffs' Amended Complaint. . Document filed by Anavex Life Sciences Corp, Sandra Boenisch, Christopher U Missling, Athanasios Skarpelos. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Kistenbroker, David)
July 13, 2016	Filing 66 LETTER MOTION for Oral Argument addressed to Judge Jesse M. Furman from Adam M. Apton dated July 13, 2016. Document filed by Arina Davliatshina, Lam Truong, Michael Yu.(Apton, Adam)
July 13, 2016	Filing 65 MEMORANDUM OF LAW in Opposition re: #60 MOTION to Dismiss Plaintiffs' Amended Complaint. . Document filed by Arina Davliatshina, Lam Truong, Michael Yu. (Apton, Adam)
June 14, 2016	Filing 64 ORDER: that Lead Plaintiff shall file any amended complaint by July 5, 2016. If Lead Plaintiff does amend, by three (3) weeks after the amended complaint is filed, Defendants shall: (1) file an answer; (2) file a new motion to dismiss; or (3) submit a letter to the Court, copying Lead Plaintiff, stating that they rely on the previously filed motion to dismiss. If Defendants file an answer or a new motion to dismiss, the Court will deny the previously filed motion to dismiss as moot. If no amended complaint is filed, Lead Plaintiff shall serve any opposition to the motion to dismiss by July 13, 2016, as provided for in the original briefing schedule. Defendants' reply, if any, shall be served by July 27, 2016. (Amended Pleadings due by 7/5/2016.) (Signed by Judge Jesse M. Furman on 6/14/2016) (tn)
June 13, 2016	Filing 63 DECLARATION of David H. Kistenbroker in Support re: #60 MOTION to Dismiss Plaintiffs' Amended Complaint.. Document filed by Anavex Life Sciences Corp, Sandra Boenisch, Christopher U Missling, Athanasios Skarpelos. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Kistenbroker, David)
June 13, 2016	Filing 62 MEMORANDUM OF LAW in Support re: #60 MOTION to Dismiss Plaintiffs' Amended Complaint. . Document filed by Anavex Life Sciences Corp, Sandra Boenisch, Christopher U Missling, Athanasios Skarpelos. (Kistenbroker, David)
June 13, 2016	Filing 61 LETTER MOTION for Oral Argument re: Defendants' Motion to Dismiss addressed to Judge Jesse M. Furman from David H. Kistenbroker dated June 13, 2016. Document filed by Anavex Life Sciences Corp, Sandra Boenisch, Christopher U Missling, Athanasios Skarpelos.(Kistenbroker, David)
June 13, 2016	Filing 60 MOTION to Dismiss Plaintiffs' Amended Complaint. Document filed by Anavex Life Sciences Corp, Sandra Boenisch, Christopher U Missling, Athanasios Skarpelos.(Kistenbroker, David)
May 13, 2016	Filing 59 AMENDED COMPLAINT amending #1 Complaint against Anavex Life Sciences Corp, Sandra Boenisch, Christopher U Missling, Athanasios Skarpelos with JURY DEMAND.Document filed by Lam Truong, Arina Davliatshina, Michael Yu. Related document: #1 Complaint filed by Kevin Cortina. (Attachments: #1 Exhibit Certification, #2 Exhibit Certification)(Apton, Adam) Modified on 5/16/2016 (pc).
April 13, 2016	Filing 58 MEMO ENDORSEMENT on re: #57 Letter, filed by Christopher U Missling, Anavex Life Sciences Corp, Lam Truong, Athanasios Skarpelos, Sandra Boenisch. ENDORSEMENT: Application GRANTED, except that Lead Plaintiff shall file his amended complaint within 30 days - not 45 days - of the date of this endorsement and Defendant shall file any reply within 14 days - not 30 days - of the filing of Plaintiff's opposition. (Signed by Judge Jesse M. Furman on 4/13/2016) (tn)
April 11, 2016	Filing 57 JOINT LETTER addressed to Judge Jesse M. Furman from Carl E. Volz and Adam Apton dated April 11, 2016 re: Joint Letter Setting Forth Proposed Schedule. Document filed by Anavex Life Sciences Corp, Sandra Boenisch, Christopher U Missling, Athanasios Skarpelos, Lam Truong.(Volz, Carl)
April 5, 2016	Filing 56 MEMORANDUM OPINION AND ORDER re: #23 MOTION to Appoint Stanley Gunawan and Stephen Lin to serve as lead plaintiff(s). MOTION to Appoint Counsel Glancy Prongay & Murray LLP and Pomerantz LLP filed by Stanley Gunawan, Stephen Lin, #54 MOTION for Leave to File Reply filed by Phillip Din, #20 MOTION to Appoint Lam Truong to serve as lead plaintiff(s) filed by Lam Truong, #17 MOTION to Appoint Counsel. MOTION to Appoint Phillip Din, M.D. to serve as lead plaintiff(s) filed by Phillip Din: For the foregoing reasons, Truong's motion to be appointed lead plaintiff is GRANTED, and Din's motion is DENIED. As stated at the March 10, 2016 conference, within one week of the date of this Order, Lead Plaintiff and Defendants shall submit a joint letter setting forth a proposed schedule for amending the Complaint and briefing any motion to dismiss. The Clerk of Court is directed to terminate Docket Nos. 17, 20, 23, and 54. (Signed by Judge Jesse M. Furman on 4/5/2016) (tn)
March 31, 2016	Filing 55 RESPONSE in Opposition to Motion re: #54 MOTION for Leave to File Reply . . Document filed by Lam Truong. (Apton, Adam)
March 30, 2016	Filing 54 MOTION for Leave to File Reply . Document filed by Phillip Din. (Attachments: #1 Exhibit A - Reply, #2 Exhibit 1)(Laughlin, Thomas)
March 30, 2016	Filing 53 JOINT LETTER addressed to Judge Jesse M. Furman from Thomas Laughlin and Adam Apton dated March 30, 2016 re: 90-Day Look-Back Calculations. Document filed by Phillip Din, Lam Truong. (Attachments: #1 Exhibit 1)(Laughlin, Thomas)
March 29, 2016	Filing 52 MEMO ENDORSEMENT on re: (19 in 1:16-cv-02035-JMF) Letter filed by Christopher U. Missling, Anavex Life Sciences Corp, Atahnasios Skarpelos. ENDORSEMENT: Upon review of all parties' letters, the Court is inclined to consolidate the two actions for discovery purposes only, but defers whether to do even that pending a decision on whether to stay discovery in the derivative action in the event that discovery is automatically stayed under the PSLRA in the securities fraud action. Plaintiff's counsel in the derivative action shall advise the Court no later than one week after any motion to dismiss is filed in the securities fraud action if counsel opposes such a stay. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/29/2016) (cf)
March 28, 2016	Filing 51 LETTER addressed to Judge Jesse M. Furman from David Kistenbroker dated March 28, 2016 re: Court Order. Document filed by Anavex Life Sciences Corp, Sandra Boenisch, Christopher U Missling, Athanasios Skarpelos.(Kistenbroker, David)
March 28, 2016	Filing 50 LETTER addressed to Judge Jesse M. Furman from Adam M. Apton dated March 28, 2016 re: Court Order dated Mar. 22, 2016. Document filed by Lam Truong.(Apton, Adam)
March 23, 2016	Filing 49 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/10/16 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...(McGuirk, Kelly)
March 23, 2016	Filing 48 TRANSCRIPT of Proceedings re: CONFERENCE held on 3/10/2016 before Judge Jesse M. Furman. Court Reporter/Transcriber: Carol Ganley, (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 4/18/2016. Redacted Transcript Deadline set for 4/28/2016. Release of Transcript Restriction set for 6/24/2016.(McGuirk, Kelly)
March 22, 2016	Filing 47 ORDER: PLSRA Lead Plaintiff motion practice is underway in 15-CV-10162, which involves claims of securities fraud against Anavex relying on substantially similar allegations of misconduct. As of this Order, no motion for consolidation has been filed, but 16-CV-2035 has been accepted by the Court as related to 15-CV-10162, and the cases appear to involve common questions of law and fact. The Court is inclined to consolidate the cases, at least for pretrial purposes. The parties in each case are directed to file letters no later than March 28, 2016, not to exceed three single-spaced pages each, indicating their views on whether the cases should be consolidated and discussing whether consolidation would or should have any effect on the appointment of Lead Plaintiff or other proceedings in 15-CV-10162. Plaintiff in 16-CV-2035 shall promptly serve a copy of this Order on each of the defendants in that case and file proof of service on the docket. (Signed by Judge Jesse M. Furman on 3/22/2016) (tn)
March 17, 2016	Filing 46 DECLARATION of Thomas L. Laughlin in Support re: #17 MOTION to Appoint Counsel . MOTION to Appoint Phillip Din, M.D. to serve as lead plaintiff(s) .. Document filed by Phillip Din. (Attachments: #1 Exhibit A, #2 Exhibit B)(Laughlin, Thomas)
March 17, 2016	Filing 45 RESPONSE in Support of Motion re: #17 MOTION to Appoint Counsel . MOTION to Appoint Phillip Din, M.D. to serve as lead plaintiff(s) . . Document filed by Phillip Din. (Laughlin, Thomas)
March 17, 2016	Filing 44 RESPONSE in Support of Motion re: #20 MOTION to Appoint Lam Truong to serve as lead plaintiff(s) . RESPONSE PURSUANT TO COURT ORDER ON MARCH 10, 2016. Document filed by Lam Truong. (Apton, Adam)
March 10, 2016	Minute Entry for proceedings held before Judge Jesse M. Furman: Conference held on 3/10/2016. Geoffrey Johnson present for plaintiff Philip Din. Nicholas Porritt present for plaintiff Lam Truong. Brian Murray present for plaintiff Stephen Lin. David Kistenbroker present for Defendants. Court reporter present. (ab) Modified on 3/15/2016 (ab).
March 10, 2016	Filing 43 REPLY to Response to Motion re: #17 MOTION to Appoint Counsel . MOTION to Appoint Phillip Din, M.D. to serve as lead plaintiff(s) . . Document filed by Lam Truong. (Apton, Adam)
March 10, 2016	Filing 42 ORDER granting #39 Letter Motion for Leave to File Reply Brief. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
March 10, 2016	Filing 41 REPLY MEMORANDUM OF LAW in Support re: #23 MOTION to Appoint Stanley Gunawan and Stephen Lin to serve as lead plaintiff(s) . MOTION to Appoint Counsel Glancy Prongay & Murray LLP and Pomerantz LLP. . Document filed by Stanley Gunawan, Stephen Lin. (Murray, Brian)
March 10, 2016	Filing 40 NOTICE OF APPEARANCE by Brian Philip Murray on behalf of Stanley Gunawan, Stephen Lin. (Murray, Brian)
March 9, 2016	Filing 39 MOTION for Leave to File Response to Reply . Document filed by Lam Truong. (Attachments: #1 Exhibit)(Apton, Adam)
March 9, 2016	Filing 38 REPLY MEMORANDUM OF LAW in Opposition re: #20 MOTION to Appoint Lam Truong to serve as lead plaintiff(s) . . Document filed by Phillip Din. (Attachments: #1 Exhibit A, #2 Exhibit B)(Laughlin, Thomas)
March 9, 2016	Filing 37 ORDER granting #36 Letter Motion for Leave to File Reply in Further Opposition to the Motion for Appointment of Lead Plaintiff Filed by Lam Truong. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
March 9, 2016	Filing 36 MOTION for Leave to File Reply in Further Opposition to the Motion for Appointment of Lead Plaintiff Filed by Lam Truong . Document filed by Phillip Din. (Attachments: #1 Exhibit 1 - Reply Memorandum, #2 Exhibit A to Exhibit 1, #3 Exhibit B to Exhibit 1)(Laughlin, Thomas)
March 8, 2016	Filing 35 NOTICE OF APPEARANCE by Nicholas Ian Porritt on behalf of Lam Truong. (Porritt, Nicholas)
March 8, 2016	Filing 34 NOTICE OF CHANGE OF ADDRESS by Carl E. Volz on behalf of All Defendants. New Address: Dechert LLP, 35 W. Wacker Drive, Suite 3400, Chicago, IL, USA 60601, 312-646-5800. (Volz, Carl)
March 8, 2016	Filing 33 NOTICE OF APPEARANCE by Carl E. Volz on behalf of Anavex Life Sciences Corp, Sandra Boenisch, Christopher U Missling, Athanasios Skarpelos. (Volz, Carl)
March 7, 2016	Filing 32 MEMORANDUM OF LAW in Opposition re: #20 MOTION to Appoint Lam Truong to serve as lead plaintiff(s) ., #17 MOTION to Appoint Counsel . MOTION to Appoint Phillip Din, M.D. to serve as lead plaintiff(s) . . Document filed by Stanley Gunawan, Stephen Lin. (Attachments: #1 Exhibit - Joint Declaration of Movants)(Portnoy, Lesley)
March 7, 2016	Filing 31 DECLARATION of Adam M. Apton in Opposition re: #23 MOTION to Appoint Stanley Gunawan and Stephen Lin to serve as lead plaintiff(s) . MOTION to Appoint Counsel Glancy Prongay & Murray LLP and Pomerantz LLP., #17 MOTION to Appoint Counsel . MOTION to Appoint Phillip Din, M.D. to serve as lead plaintiff(s) .. Document filed by Lam Truong. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Apton, Adam)
March 7, 2016	Filing 30 MEMORANDUM OF LAW in Opposition re: #23 MOTION to Appoint Stanley Gunawan and Stephen Lin to serve as lead plaintiff(s) . MOTION to Appoint Counsel Glancy Prongay & Murray LLP and Pomerantz LLP., #17 MOTION to Appoint Counsel . MOTION to Appoint Phillip Din, M.D. to serve as lead plaintiff(s) . . Document filed by Lam Truong. (Apton, Adam)
March 7, 2016	Filing 29 MEMORANDUM OF LAW in Opposition re: #23 MOTION to Appoint Stanley Gunawan and Stephen Lin to serve as lead plaintiff(s) . MOTION to Appoint Counsel Glancy Prongay & Murray LLP and Pomerantz LLP., #20 MOTION to Appoint Lam Truong to serve as lead plaintiff(s) . . Document filed by Phillip Din. (Attachments: #1 Exhibit A)(Laughlin, Thomas)
March 3, 2016	Filing 28 ORDER granting #27 Motion for Geoffrey M. Johnson to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
March 3, 2016	Filing 27 MOTION for Geoffrey M. Johnson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12025451. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Phillip Din. (Attachments: #1 Exhibit 1, #2 Text of Proposed Order)(Johnson, Geoffrey)
March 3, 2016	>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #27 MOTION for Geoffrey M. Johnson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12025451. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
February 29, 2016	Filing 26 ORDER granting #16 Motion for Melanie C. MacKay to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
February 29, 2016	Filing 25 DECLARATION of Lesley F. Portnoy in Support re: #23 MOTION to Appoint Stanley Gunawan and Stephen Lin to serve as lead plaintiff(s) . MOTION to Appoint Counsel Glancy Prongay & Murray LLP and Pomerantz LLP.. Document filed by Stanley Gunawan, Stephen Lin. (Attachments: #1 Exhibit A - Press Release, #2 Exhibit B - Movant Certifications, #3 Exhibit C - Loss Chart, #4 Exhibit D - Glancy Firm Resume, #5 Exhibit E - Pomerantz Firm Resume)(Portnoy, Lesley)
February 29, 2016	Filing 24 MEMORANDUM OF LAW in Support re: #23 MOTION to Appoint Stanley Gunawan and Stephen Lin to serve as lead plaintiff(s) . MOTION to Appoint Counsel Glancy Prongay & Murray LLP and Pomerantz LLP. . Document filed by Stanley Gunawan, Stephen Lin. (Portnoy, Lesley)
February 29, 2016	Filing 23 MOTION to Appoint Stanley Gunawan and Stephen Lin to serve as lead plaintiff(s) ., MOTION to Appoint Counsel Glancy Prongay & Murray LLP and Pomerantz LLP. Document filed by Stephen Lin, Stanley Gunawan. (Attachments: #1 Text of Proposed Order)(Portnoy, Lesley)
February 29, 2016	Filing 22 DECLARATION of Adam M. Apton in Support re: #20 MOTION to Appoint Lam Truong to serve as lead plaintiff(s) .. Document filed by Lam Truong. (Attachments: #1 Exhibit Certification, #2 Exhibit Loss Chart, #3 Exhibit Notice, #4 Exhibit Firm Resume)(Apton, Adam)
February 29, 2016	Filing 21 MEMORANDUM OF LAW in Support re: #20 MOTION to Appoint Lam Truong to serve as lead plaintiff(s) . . Document filed by Lam Truong. (Apton, Adam)
February 29, 2016	Filing 20 MOTION to Appoint Lam Truong to serve as lead plaintiff(s) . Document filed by Lam Truong. (Attachments: #1 Text of Proposed Order)(Apton, Adam)
February 29, 2016	Filing 19 DECLARATION of Thomas Laughlin in Support re: #17 MOTION to Appoint Counsel . MOTION to Appoint Phillip Din, M.D. to serve as lead plaintiff(s) .. Document filed by Phillip Din. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Laughlin, Thomas)
February 29, 2016	Filing 18 MEMORANDUM OF LAW in Support re: #17 MOTION to Appoint Counsel . MOTION to Appoint Phillip Din, M.D. to serve as lead plaintiff(s) . . Document filed by Phillip Din. (Laughlin, Thomas)
February 29, 2016	Filing 17 MOTION to Appoint Counsel ., MOTION to Appoint Phillip Din, M.D. to serve as lead plaintiff(s) .( Return Date set for 3/10/2016 at 04:00 PM.) Document filed by Phillip Din. (Attachments: #1 Text of Proposed Order)(Laughlin, Thomas)
February 29, 2016	Filing 16 MOTION for Melanie C. MacKay to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12010631. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Anavex Life Sciences Corp, Sandra Boenisch, Christopher U Missling, Athanasios Skarpelos. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(MacKay, Melanie)
February 29, 2016	>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #16 MOTION for Melanie C. MacKay to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12010631. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi)
February 24, 2016	Filing 15 ORDER granting #14 Motion for David H. Kistenbroker to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
February 24, 2016	Filing 14 MOTION for David H. Kistenbroker to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11989393. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Anavex Life Sciences Corp, Sandra Boenisch, Christopher U Missling, Athanasios Skarpelos. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Kistenbroker, David)
February 24, 2016	>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #14 MOTION for David H. Kistenbroker to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11989393. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
January 14, 2016	Filing 13 ORDER: that Members of the purported class therefore have until February 29, 2016, to move the Court to serve as lead plaintiffs. Accordingly, it is hereby ORDERED that a conference shall be held on March 10, 2016, at 4:00 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York to consider any motions for appointment of lead plaintiff and lead counsel and for consolidation. It is further ORDERED that opposition to any motion for appointment of lead plaintiff shall be served and filed by March 7, 2016. It is further ORDERED that the named plaintiffs shall promptly serve a copy of this Order on each of the defendants. (Motions due by 2/29/2016. Responses due by 3/7/2016) (Motion Hearing set for 3/10/2016 at 04:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 1/14/2016) (tn)
January 13, 2016	Filing 12 NOTICE of re: #11 Order,. Document filed by Kevin Cortina. (Attachments: #1 Exhibit A - Press Release)(Lieberman, Jeremy)
January 7, 2016	Filing 11 ORDER: It is hereby ORDERED that no later than 1/21/2016, Plaintiff shall advise the Court in writing of the date and manner in which it published this notice. (As further set forth in this Order.) (Signed by Judge Jesse M. Furman on 1/7/2016) (tro)
January 4, 2016	Filing 10 ELECTRONIC SUMMONS ISSUED as to Sandra Boenisch. (moh)
January 4, 2016	Filing 9 ELECTRONIC SUMMONS ISSUED as to Christopher U Missling. (moh)
January 4, 2016	Filing 8 ELECTRONIC SUMMONS ISSUED as to Athanasios Skarpelos. (moh)
January 4, 2016	Filing 7 ELECTRONIC SUMMONS ISSUED as to Anavex Life Sciences Corp. (moh)
January 4, 2016	***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jeremy Alan Lieberman. The following case opening statistical information was erroneously selected/entered: County code Albany. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (moh)
January 4, 2016	CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (moh)
January 4, 2016	***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jeremy Alan Lieberman. The party information for the following party/parties has been modified: Kevin Cortina. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (moh)
January 4, 2016	Magistrate Judge Barbara C. Moses is so designated. (moh)
January 4, 2016	Case Designated ECF. (moh)
December 30, 2015	Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Athanasios Skarpelos, re: #1 Complaint. Document filed by Kevin Cortina. (Lieberman, Jeremy)
December 30, 2015	Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Sandra Boenisch, re: #1 Complaint. Document filed by Kevin Cortina. (Lieberman, Jeremy)
December 30, 2015	Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Christopher U. Missling, re: #1 Complaint. Document filed by Kevin Cortina. (Lieberman, Jeremy)
December 30, 2015	Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Anavex Life Sciences Corp., re: #1 Complaint. Document filed by Kevin Cortina. (Lieberman, Jeremy)
December 30, 2015	Filing 2 CIVIL COVER SHEET filed. (Lieberman, Jeremy)
December 30, 2015	Filing 1 COMPLAINT against Anavex Life Sciences Corp, Sandra Boenisch, Christopher U Missling, Athanasios Skarpelos. (Filing Fee $ 400.00, Receipt Number 0208-11788694)Document filed by Kevin Cortina.(Lieberman, Jeremy)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System

Search for this case: Cortina v. Anavex Life Sciences Corp et al
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Web	[ Unicourt \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Plaintiff: Michael Yu
Represented By:	Adam M. Apton
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Plaintiff: Kevin Cortina
Represented By:	Jeremy Alan Lieberman
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Plaintiff: Arina Davliatshina
Represented By:	Adam M. Apton
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Defendant: Sandra Boenisch
Represented By:	David H. Kistenbroker
Represented By:	Carl E. Volz
Represented By:	Melanie C MacKay
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Defendant: Anavex Life Sciences Corp
Represented By:	David H. Kistenbroker
Represented By:	Carl E. Volz
Represented By:	Melanie C MacKay
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Defendant: Athanasios Skarpelos
Represented By:	David H. Kistenbroker
Represented By:	Carl E. Volz
Represented By:	Melanie C MacKay
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Defendant: Christopher U Missling
Represented By:	David H. Kistenbroker
Represented By:	Carl E. Volz
Represented By:	Melanie C MacKay
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Petitioner: Lam Truong
Represented By:	Adam M. Apton
Represented By:	Nicholas Ian Porritt
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Petitioner: Phillip Din
Represented By:	Geoffrey M. Johnson
Represented By:	Thomas Livezey Laughlin, IV
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Petitioner: Stanley Gunawan
Represented By:	Brian Philip Murray
Represented By:	Lesley Frank Portnoy
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Petitioner: Stephen Lin
Represented By:	Brian Philip Murray
Represented By:	Lesley Frank Portnoy
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?