Schentag v. Nebgen et al
| Jerome Schentag |
| Georg Nebgen, Parviz Ghahramani, Volant Holdings GMBH, Volant Pharma AG and Joseph M. Fayad |
| 1:2017cv08734 |
| November 9, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Gregory H. Woods |
| Stockholders Suits |
| 15 U.S.C. ยง 77 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
207
CLERK'S JUDGMENT re: 206 Order,. in favor of Volant Holdings GMBH, Volant Pharma AG, Jerome Schentag, Joseph M. Fayad.It is hereby ORDERED, ADJUDGED AND DECREED: that for the reasons in the Court's Order dated December 17, 2019, judgm ent is entered in favor of Defendants on Plaintiffs' Counts 1,2,3,4, and 5;and judgment is entered in favor of Plaintiffs Schentag and TheraBrake on Counterclaim A; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 12/18/2019) (Attachments: # 1 Notice of Right to Appeal)(dt)
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Filing
206
ORDER: Accordingly, the Clerk of Court is directed to enter judgment in favor of Defendants on Plaintiffs' Counts 1, 2, 3, 4, and 5. The Clerk of Court is directed to enter judgment in favor of Plaintiffs Schentag and TheraBrake on Counterclaim A. The Clerk of Court is further directed to terminate all pending motions and deadlines, and close the case. (Signed by Judge Gregory H. Woods on 12/17/2019) (jwh) Transmission to Orders and Judgments Clerk for processing.
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Filing
56
MEMORANDUM OPINION AND ORDER re: 33 MOTION to Dismiss filed by Volant Pharma AG, Joseph M. Fayad, Volant Holdings GMBH, Parviz Ghahramani, Georg Nebgen. For the reasons stated herein, Defendants' motion to dismiss th e complaint is GRANTED in part and DENIED in part. Plaintiff's claims under the Securities Act and the Exchange Act are dismissed without prejudice. Plaintiff's common law fraud claim is dismissed without prejudice. Plaintiff's b reach of contract claim is dismissed without prejudice. Plaintiff's breach of fiduciary duties claim survives. Plaintiff is granted leave to replead those claims that have been dismissed without prejudice no later than thirty (30) days follow ing the date of this order. See Rutolo v. City of New York, 514 F.3d 184, 191 (2d Cir. 2008) (noting that leave to amend is "liberally granted"). The Clerk of Court is directed to terminate the motion pending at Dkt. No. 33. SO ORDERED. (Signed by Judge Gregory H. Woods on 6/21/2018) (anc)
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