Harbert Discovery Fund, LP et al v. Enzo Biochem, Inc. et al
| Harbert Discovery Fund, LP, both individually and derivatively on behalf of Enzo Biochem, Inc., Harbert Discovery Co-Investment Fund I, LP, both individually and derivatively on behalf of Enzo Biochem, Inc., Harbert Discovery Fund, LP and Harbert Discovery Co-Investment Fund I, LP |
| Enzo Biochem, Inc., Barry W. Weiner, Dr. Elazar Rabbani, Dr. Bruce A. Hanna, Rebecca Fischer and Dov Perlysky |
| 1:2020cv01021 |
| February 5, 2020 |
| US District Court for the Southern District of New York |
| Mary Kay Vyskocil |
| Securities/Commodities |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 17, 2020. A more recent docket listing may be available from PACER.
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| Filing 31 AMENDED COMPLAINT amending #1 Complaint,, against Barry W. Weiner, Dov Perlysky, Dr. Bruce A. Hanna, Dr. Elazar Rabbani, Enzo Biochem, Inc., Rebecca Fischer with JURY DEMAND.Document filed by Harbert Discovery Co-Investment Fund I, LP(derivatively on behalf of Enzo Biochem, Inc.), Harbert Discovery Co-Investment Fund I, LP(individually), Harbert Discovery Fund, LP(individually), Harbert Discovery Fund, LP(derivatively on behalf of Enzo Biochem, Inc.). Related document: #1 Complaint,,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H).(Swartz, Michael) |
| Filing 30 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/14/2020 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 29 TRANSCRIPT of Proceedings re: CONFERENCE held on 2/14/2020 before Judge Mary Kay Vyskocil. Court Reporter/Transcriber: Khristine Sellin, (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 3/19/2020. Redacted Transcript Deadline set for 3/30/2020. Release of Transcript Restriction set for 5/27/2020..(McGuirk, Kelly) |
Filing 28
STIPULATION AND ORDER, It is hereby STIPULATED and AGREED by and between the parties as follows: 1.Plaintiffs will file their Amended Complaint on or before March 26, 2020; 2.Defendants will answer, move, or otherwise respond to the Amended Complaint on or before May 1, 2020; 3.Plaintiffs will file their opposition to any motion to dismiss on or before May 29,2020; 4.Defendants will file their reply in further support of any motion to dismiss on or before June 12, 2020. SO ORDERED. (Amended Pleadings due by 3/26/2020., Motions due by 5/1/2020., Responses due by 5/29/2020, Replies due by 6/12/2020.) (Signed by Judge Mary Kay Vyskocil on 2/27/20) (yv)
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| Filing 27 PROPOSED STIPULATION AND ORDER. Document filed by Barry W. Weiner, Dov Perlysky, Dr. Bruce A. Hanna, Dr. Elazar Rabbani, Enzo Biochem, Inc., Rebecca Fischer..(Stern, Andrew) |
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Filing 26
STIPULATION: NOW, THEREFORE, it is hereby STIPULATED and AGREED by and between the parties as follows: 1. Defendants shall answer, move or otherwise respond to the Complaint no later than February 28, 2020. SO ORDERED. Barry W. Weiner answer due 2/28/2020; Dov Perlysky answer due 2/28/2020; Dr. Bruce A. Hanna answer due 2/28/2020; Dr. Elazar Rabbani answer due 2/28/2020; Enzo Biochem, Inc. answer due 2/28/2020; Rebecca Fischer answer due 2/28/2020. (Signed by Judge Mary Kay Vyskocil on 2/14/2020) (va)
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| Minute Entry for proceedings held before Judge Mary Kay Vyskocil: Conference held on 2/14/2020 pursuant to letter received on 2/12/2020. Requested relief denied.(SEE TRANSCRIPT) (Court Reporter Khris Sellin) (rz) |
| Filing 25 LETTER addressed to Judge Mary Kay Vyskocil from Andrew W. Stern dated February 13, 2020 re: Response to Plaintiffs' February 12, 2020 Letter (Dkt. 18). Document filed by Barry W. Weiner, Dov Perlysky, Dr. Bruce A. Hanna, Dr. Elazar Rabbani, Enzo Biochem, Inc., Rebecca Fischer..(Stern, Andrew) |
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Filing 24
ORDER granting #18 Letter Motion. Counsel for all parties are directed to appear for a conference tomorrow, February 14, 2020 at 12PM in Courtroom 18C of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, NY 10007 (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz)
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| Set/Reset Hearings: Conference set for 2/14/2020 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Mary Kay Vyskocil. (rz) |
| Filing 23 PROPOSED STIPULATION AND ORDER. Document filed by Barry W. Weiner, Dov Perlysky, Dr. Bruce A. Hanna, Dr. Elazar Rabbani, Enzo Biochem, Inc., Rebecca Fischer..(Stern, Andrew) |
| Filing 22 NOTICE OF APPEARANCE by Charlotte Kathleen Newell on behalf of Barry W. Weiner, Dov Perlysky, Dr. Bruce A. Hanna, Dr. Elazar Rabbani, Enzo Biochem, Inc., Rebecca Fischer..(Newell, Charlotte) |
| Filing 21 NOTICE OF APPEARANCE by Alex Jason Kaplan on behalf of Barry W. Weiner, Dov Perlysky, Dr. Bruce A. Hanna, Dr. Elazar Rabbani, Enzo Biochem, Inc., Rebecca Fischer..(Kaplan, Alex) |
| Filing 20 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Enzo Biochem, Inc...(Stern, Andrew) |
| Filing 19 NOTICE OF APPEARANCE by Andrew W. Stern on behalf of Barry W. Weiner, Dov Perlysky, Dr. Bruce A. Hanna, Dr. Elazar Rabbani, Enzo Biochem, Inc., Rebecca Fischer..(Stern, Andrew) |
| Filing 18 LETTER MOTION for Conference addressed to Judge Mary Kay Vyskocil from Michael E. Swartz dated February 12, 2020. Document filed by Harbert Discovery Co-Investment Fund I, LP(individually), Harbert Discovery Fund, LP(individually)..(Swartz, Michael) |
| Filing 17 SUMMONS RETURNED EXECUTED Summons and Complaint,, served. Enzo Biochem, Inc. served on 2/6/2020, answer due 2/27/2020. Service was accepted by Nora Dindyal Intake Specialist. Document filed by Harbert Discovery Co-Investment Fund I, LP(derivatively on behalf of Enzo Biochem, Inc.); Harbert Discovery Co-Investment Fund I, LP(individually); Harbert Discovery Fund, LP(individually); Harbert Discovery Fund, LP(derivatively on behalf of Enzo Biochem, Inc.)..(Swartz, Michael) |
| Filing 16 ELECTRONIC SUMMONS ISSUED as to Rebecca Fischer..(sj) |
| Filing 15 ELECTRONIC SUMMONS ISSUED as to Dov Perlysky..(sj) |
| Filing 14 ELECTRONIC SUMMONS ISSUED as to Dr. Bruce A. Hanna..(sj) |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to Barry W. Weiner..(sj) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to Dr. Elazar Rabbani..(sj) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Enzo Biochem, Inc...(sj) |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to Rebecca Fischer, re: #1 Complaint,,. Document filed by Harbert Discovery Co-Investment Fund I, LP, both individually and derivatively on behalf of Enzo Biochem, Inc., Harbert Discovery Fund, LP, both individually and derivatively on behalf of Enzo Biochem, Inc...(Swartz, Michael) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Dov Perlysky, re: #1 Complaint,,. Document filed by Harbert Discovery Co-Investment Fund I, LP, both individually and derivatively on behalf of Enzo Biochem, Inc., Harbert Discovery Fund, LP, both individually and derivatively on behalf of Enzo Biochem, Inc...(Swartz, Michael) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Dr. Bruce A. Hanna, re: #1 Complaint,,. Document filed by Harbert Discovery Co-Investment Fund I, LP, both individually and derivatively on behalf of Enzo Biochem, Inc., Harbert Discovery Fund, LP, both individually and derivatively on behalf of Enzo Biochem, Inc...(Swartz, Michael) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Barry W. Weiner, re: #1 Complaint,,. Document filed by Harbert Discovery Co-Investment Fund I, LP, both individually and derivatively on behalf of Enzo Biochem, Inc., Harbert Discovery Fund, LP, both individually and derivatively on behalf of Enzo Biochem, Inc...(Swartz, Michael) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Dr. Elazar Rabbani, re: #1 Complaint,,. Document filed by Harbert Discovery Co-Investment Fund I, LP, both individually and derivatively on behalf of Enzo Biochem, Inc., Harbert Discovery Fund, LP, both individually and derivatively on behalf of Enzo Biochem, Inc...(Swartz, Michael) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Enzo Biochem, Inc., re: #1 Complaint,,. Document filed by Harbert Discovery Co-Investment Fund I, LP, both individually and derivatively on behalf of Enzo Biochem, Inc., Harbert Discovery Fund, LP, both individually and derivatively on behalf of Enzo Biochem, Inc...(Swartz, Michael) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael Everett Swartz. The party information for the following party/parties has been modified: Harbert Discovery Fund, LP; Harbert Discovery Co-Investment Fund I, LP. The information for the party/parties has been modified for the following reason/reasons: party name was entered incorrectly. (sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Michael Everett Swartz 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; Harbert Discovery Fund, LP; Harbert Discovery Co-Investment Fund I, LP must be added again to the docket derivatively on behalf of Enzo Biochem, Inc.. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. (sj) |
| ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Harbert Discovery Fund, LP, Harbert Discovery Co-Investment Fund I, LP added. Party added pursuant to #1 Complaint,,.Document filed by Harbert Discovery Fund, LP, Harbert Discovery Co-Investment Fund I, LP. Related document: #1 Complaint,,..(Swartz, Michael) |
| 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sj) |
| Case Designated ECF. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(sj) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael Everett Swartz. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (sj) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Harbert Discovery Co-Investment Fund I, LP, both individually and derivatively on behalf of Enzo Biochem, Inc., Harbert Discovery Fund, LP, both individually and derivatively on behalf of Enzo Biochem, Inc...(Swartz, Michael) |
| Filing 3 CIVIL COVER SHEET filed..(Swartz, Michael) |
| Filing 2 NOTICE OF APPEARANCE by Randall Thomas Adams on behalf of Harbert Discovery Co-Investment Fund I, LP, both individually and derivatively on behalf of Enzo Biochem, Inc., Harbert Discovery Fund, LP, both individually and derivatively on behalf of Enzo Biochem, Inc...(Adams, Randall) |
| Filing 1 COMPLAINT against Barry W. Weiner, Dov Perlysky, Dr. Bruce A. Hanna, Dr. Elazar Rabbani, Enzo Biochem, Inc., Rebecca Fischer. (Filing Fee $ 400.00, Receipt Number ANYSDC-18704536)Document filed by Harbert Discovery Co-Investment Fund I, LP, both individually and derivatively on behalf of Enzo Biochem, Inc., Harbert Discovery Fund, LP, both individually and derivatively on behalf of Enzo Biochem, Inc.. (Attachments: #1 Exhibit A Enzo Charter, #2 Exhibit B January 28 Enzo Press Release, #3 Exhibit C Enzo By-Laws, #4 Exhibit D January 31 Enzo Proxy).(Swartz, Michael) |
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