Alpha Capital Anstalt v. Real Goods Solar, Inc. et al
| Alpha Capital Anstalt |
| Real Goods Solar, Inc. and Roth Capital Partners, LLC |
| 1:2017cv01186 |
| February 16, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| John G. Koeltl |
| Securities/Commodities/Exchanges |
| 15 U.S.C. ยง 78 |
| Plaintiff |
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Filing
76
OPINION AND ORDER: re: 55 MOTION for Summary Judgment, filed by Alpha Capital Anstalt, 59 MOTION for Summary Judgment, filed by Real Goods Solar, Inc., 63 MOTION for Summary Judgment, filed by Roth Ca pital Partners, LLC. For the foregoing reasons, Plaintiff's motion for summary judgment as to liability against RGS (ECF No. 55) is DENIED in its entirety. RGS's motion for summary judgment (ECF No. 59) is GRANTED IN PART and DENIED IN P ART. Those portions of Counts I and II that allege a breach of the 50.1% Requirement are dismissed. Roth Capital's motion for summary judgment (ECF No. 63) is GRANTED in its entirety, and Counts III and IV of the Amended Complaint are di smissed. Within 45 days of the date of this Opinion and Order, Plaintiff and RGS shall submit a Joint Pretrial Order9 in advance of a trial to be held regarding the only remaining portions of Counts I and II of the Amended Complaint: the alleged b reach by RGS of the Equal Treatment and Disproportionate Impact Provisions, and any damages that proximately flowed therefrom. The Clerk of Court is directed to terminate Defendant Roth Capital Partners, LLC as a party in this case, and to amend the caption in this case to read as follows: Alpha Capital Anstalt v. Real Goods Solar, Inc, and as further set forth in this order. Roth Capital Partners, LLC terminated. (Signed by Magistrate Judge Stewart D. Aaron on 4/25/2018) (ap)
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Filing
52
OPINION AND ORDER: For the foregoing reasons, RGS's Letter-Motion for a protective order (ECF No. 49) is granted. If Alpha Capital wishes to take the deposition of Mr. Lacey, it must do so in accordance with this Order. The deposition must be completed by January 19, 2018. (Signed by Magistrate Judge Stewart D. Aaron on 12/6/2017) (mro)
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