GT Biopharma, Inc. v. Emprey Asset Master Ltd. et al
Plaintiff: GT Biopharma and GT Biopharma, Inc.
Defendant: Alto Opportunity Master Fund, SPC - Segregated Master Portfolio B, Emprey Tax Efficient. L.P., Emprey Tax Efficient II, L.P., Emprey Asset Master Ltd. and Does 1 through 100, inclusive
Case Number: 1:2018cv06910
Filed: August 1, 2018
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: NewYork
Presiding Judge: George B Daniels
Nature of Suit: Securities/Commodities
Cause of Action: 15 U.S.C. § 78
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 27, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 27, 2018 Opinion or Order Filing 20 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED by and between the parties, as follows: 1. Plaintiff shall file an amended complaint on or before October 5, 2018; 2. If Plaintiff seeks to amend the complaint after October 5, 2018, it must seek leave of the Court, pursuant to Fed. R. Civ. Pro. 15(a)(2); 3. Subject to the parties agreeing on a briefing schedule as contemplated above, Defendants shall move, plead or proceed against the amended complaint no later than 30 days from its filing; and 4. If no amended complaint is filed prior to the October 5, 2018 deadline, Defendants shall respond to the complaint on or before November 5, 2018. The initial conference is adjourned to November 29, 2018 at 9:30 a.m. (Alto Opportunity Master Fund, SPC - Segregated Master Portfolio B answer due 11/5/2018; Emprey Asset Master Ltd. answer due 11/5/2018; Emprey Tax Efficient II, L.P. answer due 11/5/2018; Emprey Tax Efficient. L.P. answer due 11/5/2018. Amended Pleadings due by 10/5/2018. Initial Conference set for 11/29/2018 at 09:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 9/27/2018) (jwh)
September 26, 2018 Filing 19 PROPOSED STIPULATION AND ORDER. Document filed by Emprey Asset Master Ltd., Emprey Tax Efficient II, L.P., Emprey Tax Efficient. L.P.. (Gladstein, Andrew)
August 28, 2018 Opinion or Order Filing 18 MEMO ENDORSEMENT: on re: #15 Letter, filed by Emprey Tax Efficient II, L.P., Emprey Asset Master Ltd., Emprey Tax Efficient. L.P. ENDORSEMENT: SO ORDERED., Emprey Asset Master Ltd. answer due 9/26/2018; Emprey Tax Efficient II, L.P. answer due 9/26/2018; Emprey Tax Efficient. L.P. answer due 9/26/2018. (Signed by Judge George B. Daniels on 8/28/2018) (ama)
August 28, 2018 Opinion or Order Filing 17 ORDER granting #16 Letter Motion for Extension of Time to Answer. SO ORDERED. Alto Opportunity Master Fund, SPC - Segregated Master Portfolio B answer due 9/26/2018. (Signed by Judge George B. Daniels on 8/28/2018) (kgo)
August 24, 2018 Filing 16 FIRST LETTER MOTION for Extension of Time to File Answer re: #1 Complaint,, addressed to Judge George B. Daniels from Douglas R. Hirsch dated August 24, 2018. Document filed by Alto Opportunity Master Fund, SPC - Segregated Master Portfolio B.(Hirsch, Douglas)
August 24, 2018 Filing 15 LETTER addressed to Judge George B. Daniels from Andrew D. Gladstein dated August 24, 2018 re: Requesting an Extension of Time to Answer, Move, or Otherwise Respond to the Complaint. Document filed by Emprey Asset Master Ltd., Emprey Tax Efficient II, L.P., Emprey Tax Efficient. L.P..(Gladstein, Andrew)
August 17, 2018 Filing 14 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Emprey Asset Master Ltd., Emprey Tax Efficient II, L.P., Emprey Tax Efficient. L.P..(Gladstein, Andrew)
August 17, 2018 Filing 13 NOTICE OF APPEARANCE by Andrew David Gladstein on behalf of Emprey Asset Master Ltd., Emprey Tax Efficient II, L.P., Emprey Tax Efficient. L.P.. (Gladstein, Andrew)
August 17, 2018 Filing 12 NOTICE OF APPEARANCE by Barry A. Bohrer on behalf of Emprey Asset Master Ltd., Emprey Tax Efficient II, L.P., Emprey Tax Efficient. L.P.. (Bohrer, Barry)
August 7, 2018 Filing 11 AFFIDAVIT OF SERVICE of Summons and Complaint,,. All Defendants. Service was made by Mail. Document filed by GT Biopharma, Inc.. (Foley, Rebecca)
August 6, 2018 Opinion or Order Filing 10 INITIAL PRETRIAL CONFERENCE: Initial Conference set for 10/25/2018 at 09:30 AM in Courtroom 11A, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels, as further set forth in this order. (Signed by Judge George B. Daniels on 8/6/2018) (jwh)
August 6, 2018 Filing 9 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by GT Biopharma, Inc..(Foley, Rebecca)
August 6, 2018 Filing 8 ELECTRONIC SUMMONS ISSUED as to Alto Opportunity Master Fund, SPC - Segregated Master Portfolio B, Does, Emprey Asset Master Ltd., Emprey Tax Efficient II, L.P., Emprey Tax Efficient. L.P.. (dnh)
August 6, 2018 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Rebecca Avrutin Foley. The party information for the following party/parties has been modified: Doe. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted; Party name corrected to reflect 'Does'. Party text was added (1 through 100, inclusive). (dnh)
August 6, 2018 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - PDF ERROR. Notice to Attorney Simon Joel Kasha Miller to RE-FILE Document #3 Rule 7.1 Corporate Disclosure Statement. THE PDF IS NOT SIGNED (lb)
August 3, 2018 Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Empery Asset Master Ltd., Empery Tax Efficient, L.P., Empery Tax Efficient II, L.P., Alto Opportunity Master Fund, SPC - Segregated Master Portfolio B; Does 1-100, re: #1 Complaint,,. Document filed by GT Biopharma, Inc.. (Foley, Rebecca)
August 3, 2018 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Rebecca Avrutin Foley to RE-FILE Document No. #6 Request for Issuance of Summons,. The filing is deficient for the following reason(s): Caption Error; if you are unable to fit the entire caption on the PDF, list the leading defendant followed by 'et al'. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh)
August 2, 2018 Filing 6 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Empery Asset Master Ltd., Empery Tax Efficient, L.P., Empery Tax Efficient II, L.P., Alto Opportunity Master Fund, SPC - Segregated Master Portfolio B, Does 1-100, re: #1 Complaint,,. Document filed by GT Biopharma, Inc.. (Foley, Rebecca) Modified on 8/3/2018 (dnh).
August 2, 2018 Filing 5 CIVIL COVER SHEET filed. (Foley, Rebecca)
August 2, 2018 Filing 4 NOTICE OF APPEARANCE by Rebecca Avrutin Foley on behalf of GT Biopharma, Inc.. (Foley, Rebecca)
August 2, 2018 ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Simon Joel Kasha Miller to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Multiple natures of suit were selected. Choose one. (pc)
August 2, 2018 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Simon Joel Kasha Miller re: Document No. #1 Complaint,,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (pc)
August 2, 2018 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Simon Joel Kasha Miller. The party information for the following party/parties has been modified: GT Biopharma. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (pc)
August 2, 2018 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Simon Joel Kasha Miller. The following case opening statistical information was erroneously selected/entered: Arbitration code e (Exempt). The following correction(s) have been made to your case entry: the Arbitration code has been deleted. (pc)
August 2, 2018 Magistrate Judge Ona T. Wang is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pc)
August 2, 2018 ADD PARTY FOR PLEADING. Defendants/Respondents Doe added. Party added pursuant to #1 Complaint,,.Document filed by GT Biopharma, Inc.. Related document: #1 Complaint,,.(Foley, Rebecca)
August 2, 2018 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge George B. Daniels. 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. (pc)
August 2, 2018 Case Designated ECF. (pc)
August 1, 2018 Filing 3 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by GT Biopharma.(Miller, Simon) Modified on 8/6/2018 (lb).
August 1, 2018 Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Miller, Simon) Modified on 8/2/2018 (pc).
August 1, 2018 Filing 1 COMPLAINT against Alto Opportunity Master Fund, SPC - Segregated Master Portfolio B, Emprey Asset Master Ltd., Emprey Tax Efficient II, L.P., Emprey Tax Efficient. L.P.. (Filing Fee $ 400.00, Receipt Number 0208-15394587)Document filed by GT Biopharma. (Attachments: #1 Exhibit Ex. A to Complaint, #2 Exhibit Ex. B to Complaint, #3 Exhibit Ex. C to Complaint, #4 Exhibit Ex. D to Complaint, #5 Exhibit Ex. E to Complaint, #6 Exhibit Ex. F to Complaint, #7 Exhibit Ex. G to Complaint, #8 Exhibit Ex. H to Complaint, #9 Exhibit Ex. I to Complaint)(Miller, Simon)

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Defendant: Alto Opportunity Master Fund, SPC - Segregated Master Portfolio B
Represented By: Douglas R Hirsch
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Defendant: Emprey Tax Efficient. L.P.
Represented By: Barry A. Bohrer
Represented By: Andrew David Gladstein
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Defendant: Emprey Tax Efficient II, L.P.
Represented By: Barry A. Bohrer
Represented By: Andrew David Gladstein
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Defendant: Emprey Asset Master Ltd.
Represented By: Barry A. Bohrer
Represented By: Andrew David Gladstein
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Defendant: Does 1 through 100, inclusive
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Plaintiff: GT Biopharma
Represented By: Simon Joel Kasha Miller
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Plaintiff: GT Biopharma, Inc.
Represented By: Simon Joel Kasha Miller
Represented By: Rebecca Avrutin Foley
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