Alpha Capital Anstalt v. Shiftpixy, Inc.
Plaintiff: Alpha Capital Anstalt
Defendant: Shiftpixy, Inc.
Case Number: 1:2019cv06199
Filed: July 3, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Paul G Gardephe
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: None
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Docket Report

This docket was last retrieved on March 23, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 30, 2019 Opinion or Order Filing 26 ORDER: It is hereby ORDERED that the following schedule will apply to Plaintiff's motion for summary judgment: Plaintiff's motion is due by September 6, 2019; Defendant's opposition is due by September 20, 2019; Plaintiff's reply, if any, is due by September 25, 2019. (Motions due by 9/6/2019., Responses due by 9/20/2019, Replies due by 9/25/2019.) (Signed by Judge Paul G. Gardephe on 8/30/2019) (cf)
August 29, 2019 Minute Entry for proceedings held before Judge Paul G. Gardephe: Status Conference held on 8/29/2019. (Court Reporter Martha Martin) (mr)
August 23, 2019 Filing 25 REPLY re: #20 Answer to Amended Complaint, Answer to Complaint, Counterclaim . Document filed by Alpha Capital Anstalt. (Zitter, Kenneth)
August 12, 2019 Filing 24 LETTER addressed to Judge Paul G. Gardephe from Martin E. Karlinsky dated August 12, 2019 re: Courtesy Copy of Shiftpixy's Answer and Counterclaim. Document filed by Shiftpixy, Inc..(Karlinsky, Martin)
August 6, 2019 Opinion or Order Filing 23 ORDER: It is hereby ORDERED that the conference presently scheduled for August 29, 2019 is adjourned to August 29, 2019 at 11:00 a.m. SO ORDERED. (Status Conference set for 8/29/2019 at 11:00 AM before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 8/6/2019) (jca)
August 5, 2019 Filing 22 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Decision proceeding held on 7/24/19 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)
August 5, 2019 Filing 21 TRANSCRIPT of Proceedings re: Decision held on 7/24/2019 before Judge Paul G. Gardephe. Court Reporter/Transcriber: Michael McDaniel, (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 8/26/2019. Redacted Transcript Deadline set for 9/5/2019. Release of Transcript Restriction set for 11/4/2019.(McGuirk, Kelly)
August 2, 2019 Filing 20 ANSWER to #14 Amended Complaint, #1 Complaint., ANSWER to #14 Amended Complaint, #1 Complaint., COUNTERCLAIM against Alpha Capital Anstalt. Document filed by Shiftpixy, Inc..(Karlinsky, Martin)
August 1, 2019 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #19 MOTION for Michael J. FitzGerald to Appear Pro Hac Vice Shiftpixy. Filing fee $ 200.00, receipt number ANYSDC-17350105. Motion and supporting papers to be reviewed by Clerk's Office staff., #18 MOTION for John C. Clough to Appear Pro Hac Vice Shiftpixy. Filing fee $ 200.00, receipt number ANYSDC-17349448. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California and Florida;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)
July 31, 2019 Filing 19 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Michael J. FitzGerald to Appear Pro Hac Vice Shiftpixy. Filing fee $ 200.00, receipt number ANYSDC-17350105. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Shiftpixy, Inc.. (Attachments: #1 Affidavit Declaration of MJF, #2 Text of Proposed Order Proposed Order re Pro Hac Vice)(FitzGerald, Michael) Modified on 8/1/2019 (wb).
July 31, 2019 Filing 18 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for John C. Clough to Appear Pro Hac Vice Shiftpixy. Filing fee $ 200.00, receipt number ANYSDC-17349448. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Shiftpixy, Inc.. (Attachments: #1 Affidavit Declaration of John Clough, #2 Proposed Order re Pro Hac Vice)(Clough, John) Modified on 8/1/2019 (wb).
July 31, 2019 Opinion or Order Filing 17 ORDER granting #15 LETTER MOTION to Expedite Discovery. The schedule suggested by Plaintiff is adopted by the Court. Although defendant contends (Dkt. No. 16) that four months are necessary for discovery, Defendant does not explain in any fashion what discovery is necessary. As discussed at the preliminary injunction hearing, this appears to be a straightforward breach of contract action. Given this context, Defendant has not shown that the discovery period proposed by Plaintiff is unreasonable. As to the hearing proposed by Plaintiff, no explanation is provided as to what that hearing would consist of. The Court will conduct a conference on August 28, 2019 at 10:30 to discuss next steps after the closing of discovery, which will take place on August 27, 2019. SO ORDERED. (Signed by Judge Paul G. Gardephe on 7/31/2019) (jca)
July 31, 2019 Set/Reset Deadlines: Shiftpixy, Inc. answer due 8/2/2019., Set/Reset Hearings:(Status Conference set for 8/28/2019 at 10:30 AM before Judge Paul G. Gardephe.) (jca)
July 30, 2019 Filing 16 LETTER addressed to Judge Paul G. Gardephe from Martin E. Karlinsky dated July 30, 2019 re: Proposed Case Management Plan. Document filed by Shiftpixy, Inc.. (Attachments: #1 Text of Proposed Order Defendant's Proposed Case Management Plan)(Karlinsky, Martin)
July 30, 2019 Filing 15 LETTER MOTION to Expedite Discovery addressed to Judge Paul G. Gardephe from Kenneth A. Zitter dated July 30, 2019. Document filed by Alpha Capital Anstalt.(Zitter, Kenneth)
July 30, 2019 Filing 14 AMENDED COMPLAINT amending #13 Amended Complaint, #1 Complaint against Shiftpixy, Inc..Document filed by Alpha Capital Anstalt. Related document: #13 Amended Complaint, #1 Complaint.(Zitter, Kenneth)
July 26, 2019 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Kenneth A. Zitter to RE-FILE Document No. #13 Amended Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pne)
July 25, 2019 Filing 13 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - AMENDED COMPLAINT amending #1 Complaint against Alpha Capital Anstalt.Document filed by Alpha Capital Anstalt. Related document: #1 Complaint.(Zitter, Kenneth) Modified on 7/26/2019 (pne).
July 25, 2019 Opinion or Order Filing 12 ORDER denying #7 Motion for Preliminary Injunction. For the reasons stated in open court on July 24, 2019, Plaintiff's application for a preliminary injunction is denied. The parties are directed to filed a joint letter by Tuesday, July 30, 2019, proposing a schedule for expedited discovery and motion practice. (Signed by Judge Paul G. Gardephe on 7/25/2019) (cf)
July 24, 2019 Filing 11 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Shiftpixy, Inc..(Karlinsky, Martin)
July 19, 2019 Filing 10 MEMORANDUM OF LAW in Support . Document filed by Alpha Capital Anstalt. (Zitter, Kenneth)
July 19, 2019 Filing 9 REPLY AFFIRMATION of Nicola Feuerstein in Support. Document filed by Alpha Capital Anstalt. (Attachments: #1 Exhibit Exhibit A summary of stock sales)(Zitter, Kenneth)
July 17, 2019 Filing 8 FIRST LETTER addressed to Judge Paul G. Gardephe from Martin E. Karlinsky dated July 17, 2019 re: Courtesy Copy of Opposition to Pltf's Motion for Preliminary Injunction. Document filed by Shiftpixy, Inc..(Karlinsky, Martin)
July 16, 2019 Filing 7 MOTION for Preliminary Injunction in Opposition. Document filed by Shiftpixy, Inc.. (Attachments: #1 Affidavit Declaration of S Absher in Opposition to Pltf's Motion for Preliminary Injunction, #2 Exhibit Exh A - 10Q Filing, #3 Exhibit Exh B - Final Judgment, #4 Exhibit Exh C - 8K Filing, #5 Exhibit Exh D - 8K Filing)(Karlinsky, Martin)
July 9, 2019 Opinion or Order Filing 6 ORDER TO SHOW CAUSE Upon the affirmation of Nicola Feuerstein dated July 2, 2019, it here hereby ORDERED that Defendant Shiftpixy, Inc. show cause before the Hon. Paul G. Gardephe in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York, on Wednesday, July 24, 2019 at 4:15 p.m. why a preliminary injunction should not be entered, pending final determination of this action: (1) directing Defendant to deliver to Plaintiff immediately one million shares of its common stock; and (2) directing Defendant to honor all future conversion requests duly submitted by Plaintiff in accordance with the terms of the senior convertible Note which Plaintiff purchased from Defendant. It if further ORDERED that a copy of this Order, together with Plaintiffs supporting affirmation and exhibits, shall be served by overnight mail to Defendant on or before July 10, 2019. It is further ORDERED that Defendant's opposition, if any, is to be served and filed by July 16, 2019. Plaintiffs reply, if any, is to be served and filed by July 19, 2019. SO ORDERED. (Show Cause Hearing set for 7/24/2019 at 04:15 PM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. Show Cause Response due by 7/16/2019.) (Signed by Judge Paul G. Gardephe on 7/9/2019) (jca)
July 9, 2019 Set/Reset Deadlines: Replies due by 7/19/2019. (jca)
July 3, 2019 Filing 5 MEMORANDUM OF LAW in Support re: #3 Proposed Order to Show Cause Without Emergency Relief . Document filed by Alpha Capital Anstalt. (Zitter, Kenneth)
July 3, 2019 Filing 4 AFFIRMATION of Nicola Feuerstein in Support re: #3 Proposed Order to Show Cause Without Emergency Relief. Document filed by Alpha Capital Anstalt. (Attachments: #1 Exhibit Note, #2 Exhibit Securities Purchase Agreement, #3 Exhibit Conversion Notices honored, #4 Exhibit Conversion Notice not honored, #5 Exhibit 8k filed 6 27 19, #6 Exhibit 8k filed 6 11 19, #7 Exhibit stock prices, #8 Exhibit 10q filed 4 15 19)(Zitter, Kenneth)
July 3, 2019 Filing 3 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Alpha Capital Anstalt. (Zitter, Kenneth) Proposed Order to be reviewed by Clerk's Office staff.
July 3, 2019 Filing 2 CIVIL COVER SHEET filed. (pc) (pc).
July 3, 2019 Filing 1 COMPLAINT against Shiftpixy, Inc.. (Filing Fee $ 400.00, Receipt Number 465401238952)Document filed by Alpha Capital Anstalt.(pc) (pc).
July 3, 2019 Magistrate Judge Robert W. Lehrburger 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)
July 3, 2019 ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Kenneth A. Zitter for noncompliance with Section 14.2 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #2 Civil Cover Sheet, #1 Complaint to: caseopenings@nysd.uscourts.gov. (pc)
July 3, 2019 ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #3 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (km)
July 3, 2019 Case Designated ECF. (pc)

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Defendant: Shiftpixy, Inc.
Represented By: Martin E Karlinsky
Represented By: Michael Jonas FitzGerald
Represented By: John Christian Clough
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Plaintiff: Alpha Capital Anstalt
Represented By: Kenneth A. Zitter
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