Sabby Volatility Warrant Master Fund Ltd v. Pareteum Corporation et al
| Sabby Volatility Warrant Master Fund ltd and Sabby Volatility Warrant Master Fund Ltd. |
| Victor Bozzo, Denis McCarthy, Edward O'Donnell, Pareteum Corporation, Robert H. Turner and Squar Milner LLP |
| Luis Jimenez-Tunon, Robert Lippert and Yves Van Sante |
| 1:2019cv10460 |
| November 11, 2019 |
| US District Court for the Southern District of New York |
| Naomi Reice Buchwald |
| Alvin K Hellerstein |
| Securities/Commodities |
| 15 U.S.C. § 77 Securities Fraud |
| None |
Docket Report
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| ***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #81 Stipulation of Voluntary Dismissal was reviewed and referred to Judge Alvin K. Hellerstein for approval for the following reason(s): The case is stayed. (km) |
| Filing 81 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) All Defendants pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Sabby Volatility Warrant Master Fund Ltd.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Lax, Barry) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Barry Lax. RE-FILE Document No. #80 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the stipulation of voluntary dismissal was not signed by all parties who have appeared (handwritten signatures). Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed PDF. (km) |
| Filing 80 FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) All Defendants pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Sabby Volatility Warrant Master Fund Ltd.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Lax, Barry) Modified on 6/26/2023 (km). |
Filing 79
ORDER REGULATING PROCEEDINGS, In light of the settlement and the impending motion for preliminary approval of settlement, the status conference scheduled for September 13, 2022 is canceled. A subsequent order will provide for further proceedings after the motion has been filed and reviewed. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 9/1/22) (yv)
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| Filing 78 NOTICE OF APPEARANCE by Erica Adina Barrow on behalf of Victor Bozzo, Denis McCarthy, Edward O'Donnell, Robert H. Turner, Yves Van Sante..(Barrow, Erica) |
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Filing 77
MEMO ENDORSEMENT on re: #76 Letter agreement to resolve the action, and to request an immediate stay of further proceedings, filed by Sabby Volatility Warrant Master Fund Ltd. ENDORSEMENT: The request for a stay is approved. So ordered. (Signed by Judge Alvin K. Hellerstein on 8/23/22) (yv)
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| Filing 76 LETTER addressed to Judge Alvin K. Hellerstein from Barry R. Lax dated August 17, 2022 re: agreement to resolve the action, and to request an immediate stay of further proceedings. Document filed by Sabby Volatility Warrant Master Fund Ltd...(Lax, Barry) |
| Filing 75 NOTICE OF APPEARANCE by Sharon Anne O'Shaughnessy on behalf of Luis Jimenez-Tunon, Robert Lippert..(O'Shaughnessy, Sharon) |
| Filing 74 NOTICE OF CHANGE OF ADDRESS by Michael V. Rella on behalf of Luis Jimenez-Tunon, Robert Lippert. New Address: Davis Wright Tremaine LLP, 1185 Avenue of the Americas, 21st Floor, New York, New York, USA 10036, 212-880-3973..(Rella, Michael) |
| Filing 73 NOTICE OF CHANGE OF ADDRESS by James K. Goldfarb on behalf of Luis Jimenez-Tunon, Robert Lippert. New Address: Davis Wright Tremaine LLP, 1185 Avenue of the Americas, 21st Floor, New York, New York, United States 10036, 212-880-3961..(Goldfarb, James) |
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Filing 72
ORDER GRANTING MOTION FOR JONAH R. HECHT TO WITHDRAW AS COUNSEL FOR DEFENDANTS LUIS JIMENEZ-TUON AND ROBERT LIPPERT granting #70 Motion to Withdraw as Attorney. It is HEREBY ORDERED, that said motion is GRANTED, and Jonah R. Hecht is hereby permitted to withdraw as counsel for Luis Jimenez-Tuon and Robert Lippert, his appearance is hereby terminated, and Mr. Hecht is hereby discharged from all further obligation and responsibility in this action by removing his name and email address from the case official docket. The Clerk shall terminate ECF No. 70. (Attorney Jonah R Hecht terminated.) (Signed by Judge Alvin K. Hellerstein on 6/9/22) (yv)
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| Filing 71 PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Luis Jimenez-Tunon, Robert Lippert. Related Document Number: #70 ..(Hecht, Jonah) |
| Filing 70 MOTION for Jonah R. Hecht to Withdraw as Attorney . Document filed by Luis Jimenez-Tunon, Robert Lippert..(Hecht, Jonah) |
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Filing 69
POST-CONFERENCE ORDER: On June 1, 2022 I held a status conference will all parties in the three above captioned cases. In light of the ongoing bankruptcy proceedings, the proceedings in In re Pareteum Securities Litigation (19 Civ. 9767) and Sabby Volatility Warrant Master Fund Ltd v. Pareteum Corporation, et al. (19 Civ. 10460) will proceed against all defendants other than Pareteum Corporation. The proceedings in In re Pareteum Corporation Stockholder Derivative Litigation (20 Civ. 6264) will remain stayed, subject to the orders of the orders of the bankruptcy judge and of this judge following advice from the Bankruptcy Court. The following schedule will apply for the proceedings in 19 Civ. 9767 and 19 Civ. 10460: June 8, 2022 -Plaintiff in 19 Civ. 10460 to make Rule 33 and Rule 34 requests that are not already covered by the class plaintiffs' requests in 19 Civ. 9767; June 17, 2022-Production by the 19 Civ. 9767 parties related to traceability to be completed; July 13, 2022 -All defendants' document production and responses to Rule 33 requests to be completed, with any withheld documents to be identified in a privilege log; September 5, 2022 -Fact depositions of at least five deponents to be completed; September 13, 2022 at 2:30 p.m. - Status conference with all parties to take place in Courtroom 14D, 500 Pearl Street, New York, NY. The schedules for class certification and expert discovery will be determined at a later date. In advance of the September 13, 2022 status conference, counsel for Lead Plaintiff in 19 Civ. 9767 will elicit the views of all other counsel and file, in a single letter, a summary of the status of the cases and a proposed agenda for further proceedings. Counsel for Lead Plaintiff in 19 Civ. 9767 shall also file a separate letter that sets forth a list of all counsel expected to appear on the record for each party. Those letters are due by September 9, 2022. ( Deposition due by 9/5/2022.), ( Status Conference set for 9/13/2022 at 02:30 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 6/1/2022) (ate)
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| Filing 68 LETTER addressed to Judge Alvin K. Hellerstein from James K. Goldfarb dated May 30, 2022 re: Status Conference in Response to Court Order. Document filed by Luis Jimenez-Tunon, Robert Lippert..(Goldfarb, James) |
| Filing 67 FIRST LETTER addressed to Judge Alvin K. Hellerstein dated 05/29/2022 re: counsel appearing on behalf of Plaintiff at June 1, 2022 status conference. Document filed by Sabby Volatility Warrant Master Fund Ltd...(Lax, Barry) |
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Filing 66
ORDER, The status conference scheduled for June 1, 2022 at 2:30 p.m. is rescheduled to June 1, 2022 at 1:30 p.m. The conference will take place in Courtroom 14D, 500 Pearl Street, New York, NY 10007. SO ORDERED. ( Status Conference set for 6/1/2022 at 01:30 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 5/24/22) (yv)
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Filing 65
ORDER REGULATING PROCEEDINGS, The status conference scheduled for May 25, 2022 is adjourned to June 1, 2022 at 2:30 p.m. and will take place in Courtroom 14D, 500 Pearl Street, New York, NY. No later than May 30, 2022 at 12:00 p.m. the parties shall submit a letter providing a list of all counsel expected to appear on the record. For purposes of coordination, counsel for Pareteum shall attend the conference. Lead counsel for Plaintiffs in In re Pareteum Securities Litigation shall file a letter providing an update on the status of the case and a proposed agenda for the June 1 status conference going forward against the defendants other than Pareteum. Separately, lead counsel for Plaintiffs in In re Pareteum Corporation Stockholder Derivative Litigation shall file a letter by May 27, 2022 providing a recommendation as to further proceedings in the derivative litigation. Defendants are also invited to file their recommendations for further proceedings by May 27, 2022. SO ORDERED. ( Status Conference set for 6/1/2022 at 02:30 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 5/20/22) (yv)
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| Filing 64 SUGGESTION OF BANKRUPTCY upon the record United States Bankruptcy Court for the Southern District of New York, Case No. 22-10615. Document filed by Pareteum Corporation.(Foresta, Stephen) |
| Filing 63 MEMO ENDORSEMENT on re: (62 in 1:19-cv-10460-AKH) Letter filed by Pareteum Corporation, (52 in 1:20-cv-06264-AKH) Letter filed by Pareteum Corporation, (242 in 1:19-cv-09767-AKH) Letter filed by Pareteum Corporation. ENDORSEMENT: The issue will be addressed at a conference to be held May 25, 2022 at 2:30pm. (Status Conference set for 5/25/2022 at 02:30 PM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 5/17/2022) (mml) |
| Filing 62 LETTER addressed to Judge Alvin K. Hellerstein from Stephen G. Foresta dated May 11, 2022 re: Status Update. Document filed by Pareteum Corporation..(Foresta, Stephen) |
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Filing 61
ORDER re: ORDER GRANTING WITHDRAWAL OF APPEARANCE OF CHARDAIE C. CHARLEMAGNE. In accordance with Local Civil Rule 1.4, and upon consideration of the annexed declaration of Chardaie C. Charlemagne, of Baker & Hostetler LLP, is hereby withdrawn as counsel for Defendants Robert Lippert and Luis Jimenez-Tunon. SO ORDERED. Attorney Chardaie Claire Charlemagne terminated. (Signed by Judge Alvin K. Hellerstein on 4/1/2022) (vfr)
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| Filing 60 PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Luis Jimenez-Tunon, Robert Lippert..(Charlemagne, Chardaie) |
| Filing 59 NOTICE OF APPEARANCE by James K. Goldfarb on behalf of Luis Jimenez-Tunon, Robert Lippert..(Goldfarb, James) |
| Filing 58 NOTICE OF APPEARANCE by Jonah R Hecht on behalf of Luis Jimenez-Tunon, Robert Lippert..(Hecht, Jonah) |
| Filing 57 NOTICE OF APPEARANCE by Michael V. Rella on behalf of Luis Jimenez-Tunon, Robert Lippert..(Rella, Michael) |
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Filing 56
ORDER REGULATING PROCEEDINGS terminating #31 Letter Motion for Discovery; terminating #32 Letter Motion for Conference ; terminating #33 Letter Motion for Conference. In a series of letters in may and July 2021, counsel submitted requests to hold a conference. ECF Nos. 31, 32, 33. A conference was held on October 6, 2021, and the above-captioned case is currently stayed. Accordingly, the Clerk shall terminate ECF Nos. 31, 32, 33. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 2/24/2022) (vfr)
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Filing 55
MEMO ENDORSED ORDER granting #53 Motion to Stay re: #53 MOTION to Stay Notice of Unopposed Motion for Stay., #54 MOTION to Stay Unopposed Motion to Stay. ; granting #54 Motion to Stay re: #53 MOTION to Stay Notice of Unopposed Motion for Stay., #54 MOTION to Stay Unopposed Motion to Stay. ENDORSEMENT: The request for a stay is granted. The parties shall report within 90 days on the status of the case. (Signed by Judge Alvin K. Hellerstein on 2/10/22) (yv)
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| Filing 54 MOTION to Stay Unopposed Motion to Stay. Document filed by Pareteum Corporation..(Chapman, Jeffrey) |
| Filing 53 MOTION to Stay Notice of Unopposed Motion for Stay. Document filed by Pareteum Corporation..(Chapman, Jeffrey) |
| Filing 52 ANSWER to #40 Amended Complaint,,. Document filed by Victor Bozzo, Luis Jimenez-Tunon, Robert Lippert, Denis McCarthy, Edward O'Donnell, Robert H. Turner, Yves Van Sante..(Charlemagne, Chardaie) |
| Filing 51 ANSWER to Complaint. Document filed by Pareteum Corporation..(Foresta, Stephen) |
| Filing 50 NOTICE OF APPEARANCE by Chardaie Claire Charlemagne on behalf of Victor Bozzo, Luis Jimenez-Tunon, Robert Lippert, Denis McCarthy, Edward O'Donnell, Robert H. Turner, Yves Van Sante..(Charlemagne, Chardaie) |
| Filing 49 ELECTRONIC SUMMONS ISSUED as to Squar Milner LLP. (sj) |
| Filing 48 REQUEST FOR ISSUANCE OF SUMMONS as to Squar Milner LLP, re: #35 Amended Complaint,. Document filed by Sabby Volatility Warrant Master Fund Ltd...(Lax, Barry) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Barry Richard Lax to RE-FILE Document No. #47 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Party name must match exactly as pleading in 'TO' field (n/k/a not on pleading and should not be included on PDF or docket entry). 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. (sj) |
| Filing 47 FILING ERROR - DEFICIENT SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Squar Milner LLP (n/k/a Baker Tilly LLP), re: #35 Amended Complaint. Document filed by Sabby Volatility Warrant Master Fund Ltd..(Lax, Barry) Modified on 11/9/2021 (sj). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Barry Richard Lax to RE-FILE Document No. #46 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Party name must match exactly as pleading in 'TO' field (n/k/a not included in pleading). 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. (sj) |
| Filing 46 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Squar Milner LLP, re: #35 Amended Complaint. Document filed by Sabby Volatility Warrant Master Fund Ltd..(Lax, Barry) Modified on 11/8/2021 (sj). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Barry Richard Lax to RE-FILE Document No. #37 Request for Issuance of Amended Summons, #39 Request for Issuance of Amended Summons,. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons. 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. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Barry Richard Lax. The party information for the following party/parties has been modified: Squar Milner LLP. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly;. (jgo) |
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Filing 45
ORDER: By order of this Court, Plaintiff had until October 31, 2021 to file amended pleadings without leave of Court, and pursuant to FED. R. CIV. P. 6(a)(1)(C) that deadline was extended to November 1, 2021. Plaintiff timely filed its Amended Complaint on November 1, 2021. (Signed by Judge Alvin K. Hellerstein on 11/4/2021) (vfr) Modified on 11/4/2021 (vfr).
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| Filing 44 FIRST LETTER addressed to Judge Alvin K. Hellerstein from Barry R. Lax dated November 4, 2021 re: Doc. 43 - Proposed Order. Document filed by Sabby Volatility Warrant Master Fund Ltd...(Lax, Barry) |
| Filing 43 PROPOSED ORDER. Document filed by Sabby Volatility Warrant Master Fund Ltd.. Related Document Number: #35 ..(Lax, Barry) Proposed Order to be reviewed by Clerk's Office staff. |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Barry Richard Lax re: Document No. #40 Amended Complaint,, #41 Exhibit to Pleading. The filing is deficient for the following reason(s): the pleading was filed correctly after the due date, therefore new Court's leave must be acquired.. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Barry Richard Lax to RE-FILE Document No. #42 Request for Issuance of Summons. The filing is deficient for the following reason(s): summons request was not processed due to deficient pleading;. 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. (jgo) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #43 Proposed Order was reviewed and approved as to form. (dt) |
| Filing 42 FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to Squar Milner LLP, re: #40 Amended Complaint,. Document filed by Sabby Volatility Warrant Master Fund Ltd...(Lax, Barry) Modified on 11/5/2021 (jgo). |
| Filing 41 EXHIBIT TO PLEADING re: #40 Amended Complaint,. Document filed by Sabby Volatility Warrant Master Fund Ltd...(Lax, Barry) |
| Filing 40 FILING ERROR - DEFICIENT PLEADING - FRCP RULE 15 NON-COMPLIANCE FIRST AMENDED COMPLAINT amending #1 Complaint, against Victor Bozzo, Luis Jimenez-Tunon, Robert Lippert, Denis McCarthy, Edward O'Donnell, Pareteum Corporation, Squar Milner LLP, Robert H. Turner, Yves Van Sante.Document filed by Sabby Volatility Warrant Master Fund Ltd.. Related document: #1 Complaint,. (Attachments: #1 Exhibit Securities Purchase Agreement).(Lax, Barry) Modified on 11/4/2021 (jgo). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Barry Richard Lax to RE-FILE re: Document No. #38 Exhibit to Pleading, #35 Amended Complaint,. The filing is deficient for the following reason(s): all of the parties whom the pleading is against were not selected; the pleading was filed incorrectly after the due date, therefore new Court's leave must be acquired. 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. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Barry Richard Lax to RE-FILE Document No. #39 Request for Issuance of Amended Summons. The filing is deficient for the following reason(s): summons request was not processed due to deficient pleading;. 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. (jgo) |
| Filing 39 FILING ERROR - SUMMONS REQUESTED - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Squar Milner LLP, re: #35 Amended Complaint,. Document filed by Sabby Volatility Warrant Master Fund Ltd...(Lax, Barry) Modified on 11/5/2021 (jgo). |
| Filing 38 FILING ERROR - FRCP RULE 15 NON-COMPLIANCE EXHIBIT TO PLEADING re: #35 Amended Complaint,. Document filed by Sabby Volatility Warrant Master Fund Ltd...(Lax, Barry) Modified on 11/3/2021 (jgo). |
| Filing 37 FILING ERROR - SUMMONS REQUESTED - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Squar Milner LLP, re: #35 Amended Complaint. Document filed by Sabby Volatility Warrant Master Fund Ltd...(Lax, Barry) Modified on 11/5/2021 (jgo). |
| Filing 36 FILING ERROR - SUMMONS REQUESTED BLANK SUMMONS FORM - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Squar Milner LLP, re: #35 Amended Complaint. Document filed by Sabby Volatility Warrant Master Fund Ltd...(Lax, Barry) Modified on 11/5/2021 (jgo). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Barry Richard Lax to RE-FILE Document No. #37 Request for Issuance of Amended Summons, #36 Request for Issuance of Amended Summons. The filing is deficient for the following reason(s): The summons requested was not processed due to the deficient pleading. Please file your request for summons when you correct and refile your pleading. 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. (sj) |
| Filing 35 FIRST AMENDED COMPLAINT amending #1 Complaint against Squar Milner LLP.Document filed by Sabby Volatility Warrant Master Fund Ltd.. Related document: #1 Complaint. (Attachments: #1 Exhibit).(Lax, Barry) Modified on 11/2/2021 (sj). Modified on 11/5/2021 (jgo). |
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Filing 34
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Kourosh C. Shaffy, Esq. dated October 5, 2021 re: letter requesting to attend conference. ENDORSEMENT: The request is approved. Counsel may attend the conference scheduled for October 6, 2021 at 11:00 a.m. So ordered.., (Signed by Judge Alvin K. Hellerstein on 10/5/2021) ( Case Management Conference set for 10/6/2021 at 11:00 AM before Judge Alvin K. Hellerstein.) (ks)
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| Filing 33 SECOND LETTER MOTION for Conference re: #32 FIRST LETTER MOTION for Conference re: #31 FIRST LETTER MOTION for Discovery addressed to Judge Alvin K. Hellerstein from Barry R. Lax dated 05/28/2021. addressed to Judge Alvin K. Hellerstein from Barry R. Lax dated 07/08/2021 addressed to Judge Alvin K. Hellerstein from Barry R. Lax dated July 30, 2021. Document filed by Sabby Volatility Warrant Master Fund Ltd...(Lax, Barry) |
| Filing 32 FIRST LETTER MOTION for Conference re: #31 FIRST LETTER MOTION for Discovery addressed to Judge Alvin K. Hellerstein from Barry R. Lax dated 05/28/2021. addressed to Judge Alvin K. Hellerstein from Barry R. Lax dated 07/08/2021. Document filed by Sabby Volatility Warrant Master Fund Ltd...(Lax, Barry) |
| Filing 31 FIRST LETTER MOTION for Discovery addressed to Judge Alvin K. Hellerstein from Barry R. Lax dated 05/28/2021. Document filed by Sabby Volatility Warrant Master Fund Ltd...(Lax, Barry) |
| Filing 30 LETTER addressed to Judge Alvin K. Hellerstein from Stephen G. Foresta dated June 25, 2020 re: related cases in other jurisdictions. Document filed by Victor Bozzo, Luis Jimenez-Tunon, Robert Lippert, Denis McCarthy, Edward O'Donnell, Pareteum Corporation, Robert H. Turner, Yves Van Sante..(Foresta, Stephen) |
| Filing 29 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNECE proceeding held on 6/23/2020 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) |
| Filing 28 TRANSCRIPT of Proceedings re: CONFERENCE held on 6/23/2020 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Andrew Walker, (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 7/16/2020. Redacted Transcript Deadline set for 7/27/2020. Release of Transcript Restriction set for 9/23/2020..(McGuirk, Kelly) |
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Filing 27
ORDER REGULATING PROCEEDINGS: Accordingly, the Class Complaint and Patel Complaint are dismissed without prejudice. The Plaintiffs in each of those two actions are instructed to file amended complaints on July 17, 2020, which complaints shall comport with Rule 8, as well as the PSLRA and Rule 9(b) as applicable. Defendants shall file any motion(s) to dismiss on or before August 3, 2020, along with a joint stipulation, signed by all parties, outlining a briefing schedule that is to be completed on or before September 3, 2020. The Clerk shall close the open motions to dismiss and for joinder (ECF Nos. 143, 144, 152), such motions having been mooted by this order. SO ORDERED. (Amended Pleadings due by 7/17/2020., Motions due by 8/3/2020.), Motions terminated: (144 in 1:19-cv-09767-AKH) MOTION to Dismiss Sixth Claim in Plaintiff's Consolidated Complaint. filed by Squar Milner, LLP, (143 in 1:19-cv-09767-AKH) MOTION to Dismiss THE CONSOLIDATED COMPLAINT, OR IN THE ALTERNATIVE, TO STRIKE. filed by Robert H. Turner, Yves Van Sante, Denis McCarthy, Victor Bozzo, Robert Lippert, Edward O'Donnell, Pareteum Corporation, Luis Jimenez-Tunon, (152 in 1:19-cv-09767-AKH) MOTION for Joinder Defendant Dawson James Securities, Inc.s Notice of Joinder in Motion To Dismiss. filed by Dawson James Securities, Inc.. (Signed by Judge Alvin K. Hellerstein on 6/23/2020) (jca)
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Filing 26
SCHEDULING ORDER granting #24 Letter Motion for Conference. Counsel in the above-named actions shall appear for a telephonic status conference on Tuesday, June 23, 2020, at 11:00 a.m., to provide the Court with an update on all related actions and to discuss a plan for efficient management and resolution of this matter. The telephonic conference may be accessed as follows: Call-in number: 888-363-4749 Access code: 7518680, as further set forth. Telephone Conference set for 6/23/2020 at 11:00 AM before Judge Alvin K. Hellerstein. (Signed by Judge Alvin K. Hellerstein on 6/10/2020) (mml)
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| Filing 25 LETTER RESPONSE in Opposition to Motion addressed to Judge Alvin K. Hellerstein from Stephen G. Foresta dated June 1, 2020 re: #24 FIRST LETTER MOTION for Conference addressed to Judge Alvin K. Hellerstein from Barry R. Lax, Esq. dated May 29, 2020. . Document filed by Victor Bozzo, Luis Jimenez-Tunon, Robert Lippert, Denis McCarthy, Edward O'Donnell, Pareteum Corporation, Robert H. Turner, Yves Van Sante..(Foresta, Stephen) |
| Filing 24 FIRST LETTER MOTION for Conference addressed to Judge Alvin K. Hellerstein from Barry R. Lax, Esq. dated May 29, 2020. Document filed by Sabby Volatility Warrant Master Fund Ltd...(Heckler, Adam) |
| Filing 23 MEMO ENDORSEMENT on re: (12 in 1:20-cv-00359-AKH); (22 in 1:19-cv-10460-AKH); (115 in 1:19-cv-09767-AKH); (9 in 1:20-cv-00740-PGG) Letter filed by Pareteum Corporation. ENDORSEMENT: Denied. A conference is premature before the transfer motions are decided. In the meantime, the parties may agree to appropriate enlargement of time to file pleadings. (Signed by Judge Alvin K. Hellerstein on 3/2/2020) (jwh) |
| Filing 22 LETTER addressed to Judge Alvin K. Hellerstein from Stephen G. Foresta dated March 2, 2020 re: Request for a status conference. Document filed by Pareteum Corporation..(Foresta, Stephen) |
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Filing 21
ORDER: The Initial Pretrial Conference that previously was scheduled for February 25, 2020, see ECF No. 15, is hereby cancelled. (Signed by Judge Naomi Reice Buchwald on 2/05/2020) (ama)
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| Magistrate Judge Gabriel W. Gorenstein is so redesignated. (wb) |
| CASE ACCEPTED AS RELATED. Create association to 1:19-cv-09767-AKH. Notice of Assignment to follow. (wb) |
| NOTICE OF CASE REASSIGNMENT to Judge Alvin K. Hellerstein. Judge Naomi Reice Buchwald is no longer assigned to the case..(wb) |
| Filing 20 LETTER addressed to Judge Naomi Reice Buchwald from Stephen G. Foresta dated February 4, 2020 re: Reply in Support of Statement of Relatedness. Document filed by Victor Bozzo, Luis Jimenez-Tunon, Robert Lippert, Denis McCarthy, Edward O'Donnell, Pareteum Corporation, Robert H. Turner, Yves Van Sante..(Foresta, Stephen) |
| Filing 19 MEMO ENDORSEMENT on NOTICE OF RELATED PROCEEDINGS AND REQUEST TO TRANSFER: re: #16 Statement of Relatedness, filed by Robert Lippert, Robert H. Turner, Denis McCarthy, Edward O'Donnell, Pareteum Corporation, Luis Jimenez-Tunon, Victor Bozzo. ENDORSEMENT: Application Denied. (Signed by Judge Naomi Reice Buchwald on 2/03/2020) (ama) |
| Filing 18 AMENDED ANSWER to #1 Complaint,. Document filed by Victor Bozzo, Luis Jimenez-Tunon, Robert Lippert, Denis McCarthy, Edward O'Donnell, Pareteum Corporation, Robert H. Turner, Yves Van Sante..(Foresta, Stephen) |
| Filing 17 LETTER addressed to Judge Naomi Reice Buchwald from Barry R. Lax, Esq. dated 1/31/2020 re: Notice of Related Proceedings and Request to Transfer. Document filed by Sabby Volatility Warrant Master Fund Ltd...(Heckler, Adam) |
| Filing 16 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:19-cv-09767; 1:19-cv-09795; 1:19-cv-09849; and 1:19-cv-09936. Document filed by Victor Bozzo, Luis Jimenez-Tunon, Robert Lippert, Denis McCarthy, Edward O'Donnell, Pareteum Corporation, Robert H. Turner. (Attachments: #1 Exhibit Complaint: O'Brien Action, #2 Exhibit Complaint: Singh Action, #3 Exhibit Complaint: Mansur Action, #4 Exhibit Complaint: Vargo Action, #5 Exhibit Order)(Foresta, Stephen) |
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Filing 15
NOTICE OF INITIAL PRETRIAL CONFERENCE: This action has been assigned to me for all purposes. Initial Conference set for 2/25/2020 at 02:45 PM in Courtroom 21A, 500 Pearl Street, New York, NY 10007 before Judge Naomi Reice Buchwald. And as set forth herein. IT IS SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 1/22/2020) (ama)
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| Filing 14 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Pareteum Corporation.(Foresta, Stephen) |
| Filing 13 ANSWER to #1 Complaint,. Document filed by Victor Bozzo, Luis Jimenez-Tunon, Robert Lippert, Denis McCarthy, Edward O'Donnell, Pareteum Corporation, Robert H. Turner, Yves Van Sante.(Foresta, Stephen) |
| Filing 12 NOTICE OF APPEARANCE by Jeffrey James Chapman on behalf of Victor Bozzo, Luis Jimenez-Tunon, Robert Lippert, Denis McCarthy, Edward O'Donnell, Pareteum Corporation, Robert H. Turner, Yves Van Sante. (Chapman, Jeffrey) |
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Filing 11
STIPULATION EXTENDING TIME TO RESPOND TO COMPLAINT: IT IS HEREBY STIPULATED AND AGREED between the undersigned counsel for Plaintiff and Defendants that the time within which Defendants may move, answer, or otherwise respond to the Complaint is hereby extended up to and including January 15, 2020. The original deadline to answer or otherwise respond to the Complaint was December 5, 2019. There has been no previous requests for an extension of time in connection with this matter. Defendants hereby consent to the jurisdiction of this Court and waive all defenses to personal jurisdiction or service. SO ORDERED., Victor Bozzo answer due 1/15/2020; Luis Jimenez-Tunon answer due 1/15/2020; Robert Lippert answer due 1/15/2020; Denis McCarthy answer due 1/15/2020; Edward O'Donnell answer due 1/15/2020; Pareteum Corporation answer due 1/15/2020; Robert H. Turner answer due 1/15/2020; Yves Van Sante answer due 1/15/2020. (Signed by Judge Naomi Reice Buchwald on 12/11/2019) (ama)
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| Filing 10 CERTIFICATE OF SERVICE. All Defendants. Service was accepted by Emily Crawford, co-worker/agent; Denis McCarthy, defendant. Service was made by Mail. Document filed by Sabby Volatility Warrant Master Fund Ltd.. (Heckler, Adam) |
| Filing 9 LETTER addressed to Judge Naomi Reice Buchwald from Defendants dated 12/9/19 re: Stipulation Extending Time to Respond to Complaint. Document filed by Victor Bozzo, Luis Jimenez-Tunon, Robert Lippert, Denis McCarthy, Edward O'Donnell, Pareteum Corporation, Robert H. Turner, Yves Van Sante.(Foresta, Stephen) |
| Filing 8 NOTICE OF APPEARANCE by Stephen G. Foresta on behalf of Victor Bozzo, Luis Jimenez-Tunon, Robert Lippert, Denis McCarthy, Edward O'Donnell, Pareteum Corporation, Robert H. Turner, Yves Van Sante. (Foresta, Stephen) |
| Filing 7 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Sabby Volatility Warrant Master Fund Ltd..(Heckler, Adam) |
| Filing 6 CIVIL COVER SHEET filed. (Heckler, Adam) |
| Filing 5 NOTICE OF APPEARANCE by Adam J. Heckler on behalf of Sabby Volatility Warrant Master Fund Ltd.. (Heckler, Adam) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Victor Bozzo, Luis Jimenez-Tunon, Robert Lippert, Denis McCarthy, Edward O'Donnell, Pareteum Corporation, Robert H. Turner, Yves Van Sante. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Barry Richard Lax. The following case opening statistical information was erroneously selected/entered: Arbitration code e (Exempt); Fee Status code due (due). The following correction(s) have been made to your case entry: the Arbitration code has been deleted; the Fee Status code has been modified to pd (paid). (dnh) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Barry Richard Lax. The party information for the following party/parties has been modified: Luis Jimenez-Tunon, Yves Van Sante, Robert Lippert, Sabby Volatility Warrant Master Fund ltd. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Barry Richard Lax to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated June 2017. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (dnh) |
| Case Designated ECF. (dnh) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Naomi Reice Buchwald. 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. (dnh) |
| Magistrate Judge James L. Cott 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. (dnh) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Pareteum Corporation, Robert H. Turner, Edward ODonnell, Denis McCarthy, Victor Bozzo, Robert Lippert, Yves Van Sante and Luis Jimenez-Tunon, re: #1 Complaint,. Document filed by Sabby Volatility Warrant Master Fund ltd. (Lax, Barry) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Lax, Barry) Modified on 11/12/2019 (dnh). |
| Filing 1 COMPLAINT against Victor Bozzo, Luis Jimenez-Tunon, Robert Lippert, Denis McCarthy, Edward O'Donnell, Pareteum Corporation, Robert H. Turner, Yves Van Sante. (Filing Fee $ 400.00, Receipt Number ANYSDC-18029569)Document filed by Sabby Volatility Warrant Master Fund ltd. (Attachments: #1 Exhibit Exhibit A)(Lax, Barry) |
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