TLF CBRL LLC et al v. Societe Generale
| The Lion Fund II, L.P. and TLF CBRL LLC |
| Societe Generale |
| 1:2020cv02367 |
| March 17, 2020 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| P Kevin Castel |
| Contract: Other |
| 28 U.S.C. ยง 1332 |
| None |
Docket Report
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This docket was last retrieved on March 19, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 2 CIVIL COVER SHEET filed..(pc) |
| Filing 1 COMPLAINT against Societe Generale. (Filing Fee $ 400.00, Receipt Number 465401257056)Document filed by TLF CBRL LLC, The Lion Fund II, L.P...(pc) |
| Case Designated ECF. (pc) |
| 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc) |
Filing 4
ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER filed by TLF CBRL LLC, The Lion Fund II, L.P. Defendant Societe Generale shall show cause as to why an order should not be made pursuant to Federal Rule of Civil Procedure 65: a. Prohibiting SocGen from selling any shares of Cracker Barrel Old Country Store, Inc. (ticker symbol CBRL and referred to herein as "Cracker Barrel") owned or held by Plaintiff for 30 days or until such earlier date when Plaintiff actually repays the margin loan. Show Cause Hearing set for 3/25/2020 at 02:00 PM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel. ORDERED, that service of a copy of this Order, along with the complaint and papers upon which this Order is based, and a copy of this Court's separate Order of today's dated, upon Defendant or its counsel by e-mail and overnight mail on or before March 19, 2020. Show Cause Response due by 3/23/2020, and as further set forth in this order. (Signed by Judge P. Kevin Castel on 3/17/2020) (jwh)
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Filing 3
ORDER: By March 20, 2020, plaintiffs may amend their complaint to set forth the citizenship of the members of the LLC and LP. Because subject matter jurisdiction has not been demonstrated and because the Court has serious doubt whether reputational harm from a margin call that results in the sale of a position in excess of 5% of the common stock of an issuer, coupled with adverse tax consequences, is an injury not compensable by money damages, the Court declines to enter the proposed temporary restraining order. There has been no showing that the shares could not be repurchased in the open market and defendant held accountable for any resulting loss. (Amended Pleadings due by 3/20/2020.) (Signed by Judge P. Kevin Castel on 3/17/2020) (jwh)
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