Parallax Health Sciences, Inc. v. EMA Financial, LLC
| Parallax Health Sciences, Inc. |
| EMA Financial, LLC |
| 1:2020cv02375 |
| March 18, 2020 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Securities/Commodities |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on March 9, 2023. A more recent docket listing may be available from PACER.
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| Filing 27 FIRST LETTER addressed to Judge Lorna G. Schofield from Barry Bordetsky dated May 14, 2020 re: Letter to Counsel on Motion To Dismiss Counterclaims and Strike Affirmative Defenses. Document filed by Parallax Health Sciences, Inc...(Bordetsky, Barry) |
| Filing 26 MEMO ENDORSEMENT on re: #25 Proposed Case Management Plan filed by Parallax Health Sciences, Inc. ENDORSEMENT:The initial pretrial conference, currently scheduled for May 14, 2020, is ADJOURNED to May 28, 2020, at 10:40 a.m. The conference will be telephonic, and will occur on the conference line identified in the parties' joint letter at Dkt. No. 25-1. To the extent that Plaintiff intends to move to dismiss certain of Defendant's counterclaims and affirmative defenses, Plaintiff shall file a pre-motion letter pursuant to this Court's Individual Rules by May 15, 2020. Defendant shall file a letter response by May 22, 2020. The proposed motion will be discussed at the initial pretrial conference. So Ordfered. (Initial Conference set for 5/28/2020 at 10:40 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 5/11/2020) (js) |
| Filing 25 PROPOSED CASE MANAGEMENT PLAN. Document filed by Parallax Health Sciences, Inc.. (Attachments: #1 Joint Submission).(Bordetsky, Barry) |
Filing 24
ORDER: It is hereby ORDERED that the parties shall file the joint status letter and proposed case management plan as soon as possible and no later than May 11, 2020, at noon. (Signed by Judge Lorna G. Schofield on 5/8/2020) (ks)
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| Filing 23 ANSWER to #19 Amended Complaint., COUNTERCLAIM against Parallax Health Sciences, Inc.. Document filed by EMA Financial, LLC. (Attachments: #1 Exhibit A - First Note, #2 Exhibit B - First SPA, #3 Exhibit C - First Warrant, #4 Exhibit D - Second Note, #5 Exhibit E - Second SPA).(Fleischmann, Jeffrey) |
| Filing 22 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #23) - ANSWER to #19 Amended Complaint., COUNTERCLAIM against Parallax Health Sciences, Inc.. Document filed by EMA Financial, LLC..(Fleischmann, Jeffrey) Modified on 5/7/2020 (ldi). |
| Filing 21 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/24/2020 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 20 TRANSCRIPT of Proceedings re: CONFERENCE held on 3/24/2020 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Karen Gorlaski, (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 5/7/2020. Redacted Transcript Deadline set for 5/18/2020. Release of Transcript Restriction set for 7/15/2020..(McGuirk, Kelly) |
| Filing 19 FIRST AMENDED COMPLAINT amending #1 Complaint against EMA Financial, LLC.Document filed by Parallax Health Sciences, Inc.. Related document: #1 Complaint..(Bordetsky, Barry) |
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Filing 18
ORDER: WHEREAS, Plaintiff requested by email an extension to the deadlines set by the Order at Dkt. No. 17. Plaintiff made the request via email due to the inclusion of personal information relating to one of the parties. Defendant consents to the request. It is hereby ORDERED that Plaintiff's request is GRANTED. Plaintiff shall file the amended pleading on or before April 10, 2020; and Defendant shall answer or otherwise respond to the amended complaint by May 7, 2020. (Amended Pleadings due by 4/10/2020.) (Signed by Judge Lorna G. Schofield on 4/2/2020) (mml)
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Filing 17
MEMO ENDORSEMENT on re: #15 Letter filed by Parallax Health Sciences, Inc. ENDORSEMENT: So Ordered. ( Amended Pleadings due by 4/3/2020.) (Signed by Judge Lorna G. Schofield on 3/30/2020) (cf)
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Filing 16
ORDER: This case has been assigned to me for all purposes. It is hereby ORDERED that a conference will be held on May 14, 2020 at 10:40 a.m. The conference will be telephonic. The time of the conference is approximate, but the parties shall be ready to proceed by that time. The Court will call the parties at the number provided in the joint letter (discussed below) once the conference is ready to begin. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. The parties shall ensure they are all dialed into the conference call by the appointed conference time. (Initial Conference set for 5/14/2020 at 10:40 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 3/30/2020) (rro)
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| Filing 15 JOINT LETTER addressed to Judge Lorna G. Schofield from Barry M. Bordetsky dated 03/27/2020 re: Court Order. Document filed by Parallax Health Sciences, Inc...(Bordetsky, Barry) |
| Filing 14 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Parallax Health Sciences, Inc.. (Attachments: #1 MOL, #2 Declaration of Barry M. Bordetsky, #3 Exhibit 1 Complaint, #4 Declaraion of Paul Arena, #5 Exhibit 1 Convertible Note - PRLX, T1, 2019-02-27 (executed), #6 Exhibit 2 EMA $111K SPA - PRLX, T1, 2019-02-27 (countersigned), #7 Exhibit 3 EMA Warrant - PRLX, T1, 2019-02-27 - Signed, #8 Exhibit 4 Irrevocable Transfer Agent Instructions - PRLX, T1, 2019-02-27 (countersigned), #9 Exhibit 5 EMA Wires In 3.11.19, #10 Exhibit 6 EMA $111K Cv Note PRLX 2019-04-08 (ALG)-Signed, #11 Exhibit 7 SPA EMA PRLX 2019-04-08 (ALG)-Signed, #12 Exhibit 8 Warrant EMA PRLX 2019-04-08 (ALG)(Signed), #13 Exhibit 9 Parallax-EMA TA Letter 040819, #14 Exhibit 10 EMA Wires In 4.12.19, #15 Exhibit 11 Conversion Notices, #16 Exhibit 12 Conversion Notices, #17 Exhibit 13 PRLX 0.0689 0.0099 16.78% _ PARALLAX HEALTH SCIENCES INC - Yahoo Finance, #18 Rule 7.1 Statement, #19 Rule 56.1 Statement, #20 Notice of Appearance, #21 Parallax complaint).(Bordetsky, Barry) Proposed Order to be reviewed by Clerk's Office staff. |
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Filing 13
ORDER: WHEREAS, a telephonic hearing was held on March 24, 2020. For the reasons discussed at the hearing, it is hereby ORDERED that Plaintiff's motion for a temporary restraining order and preliminary injunction or in the alternative for partial summary judgment is DENIED. Plaintiff shall file on ECF all documents that were emailed to the Court on March 18, 2020, as soon as possible, and in any event no later than March 26, 2020. It is further ORDERED that, by March 27, 2020, the parties shall file a joint letter to apprise the Court of whether their clients consent to be referred for mediation and, if so, whether they prefer a referral to the Magistrate Judge or to the Court-annexed mediation program. The parties may also include in the letter additional proposals regarding next steps. (Signed by Judge Lorna G. Schofield on 3/25/2020) (cf)
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| Minute Entry for proceedings held before Judge Lorna G. Schofield: Telephone Conference held on 3/24/2020. (Court Reporter Present) (jcs) |
| Filing 12 LETTER addressed to Judge Lorna G. Schofield from Jeffrey Fleischmann dated March 23, 2020 re: EMA's Appearance via Telephone at the Show Cause Hearing. Document filed by EMA Financial, LLC..(Fleischmann, Jeffrey) |
| Filing 11 MEMORANDUM OF LAW in Opposition re: #4 Order to Show Cause,,,,,,,,,,,,, Set Hearings,,,,,,,,,,,, . Document filed by EMA Financial, LLC..(Fleischmann, Jeffrey) |
| Filing 10 NOTICE OF APPEARANCE by Jeffrey Fleischmann on behalf of EMA Financial, LLC..(Fleischmann, Jeffrey) |
| Filing 9 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by EMA Financial, LLC..(Fleischmann, Jeffrey) |
| Filing 8 COUNTER STATEMENT TO Document filed by EMA Financial, LLC..(Fleischmann, Jeffrey) |
| Filing 7 DECLARATION of Felicia Preston in Opposition re: #4 Order to Show Cause,,,,,,,,,,,,, Set Hearings,,,,,,,,,,,,. Document filed by EMA Financial, LLC. (Attachments: #1 Exhibit A (First Note), #2 Exhibit B (First SPA), #3 Exhibit C (First Warrant), #4 Exhibit D (Price Capture), #5 Exhibit E (Second Note), #6 Exhibit F (Second SPA), #7 Exhibit G (Second Warrant), #8 Exhibit H (Price Capture), #9 Exhibit I (First Note Amendment), #10 Exhibit J (Second Note Amendment), #11 Exhibit K (Email), #12 Exhibit L (Email), #13 Exhibit M (Fund Release), #14 Exhibit N (1/2/20 Notice of Conversion), #15 Exhibit O (Price Capture), #16 Exhibit Q (Chart of All Conversions), #17 Exhibit R (Email), #18 Exhibit S (Notice of MFN Status), #19 Exhibit T (1/24/20 Notice of Conversion), #20 Exhibit U (Price Capture), #21 Exhibit V (2/5/20 Notice of Conversion), #22 Exhibit W (Price Capture), #23 Exhibit X (2/14/20 Notice of Conversion), #24 Exhibit Y (March 2, 2020 Notice of Conversion)).(Fleischmann, Jeffrey) |
| Filing 6 NOTICE of Compliance with Court Ordered Security Deposit. Document filed by Parallax Health Sciences, Inc...(Bordetsky, Barry) |
| Filing 5 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #6) - NOTICE of Compliance with Court Ordered Security Deposit. Document filed by Parallax Health Sciences, Inc...(Bordetsky, Barry) Modified on 3/24/2020 (ldi). |
| ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Barry Martin Bordetsky for noncompliance with Section 14.2 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #1 Complaint to: caseopenings@nysd.uscourts.gov. (pne) |
| Filing 3 CERTIFICATE OF SERVICE of TRO, OSC, Complaint, MOL, Rule 56.1 and Rule 7.1 statements served on EMA Financial, LLC on 03/18/2020. Service was made by Mail. Document filed by Parallax Health Sciences, Inc...(Bordetsky, Barry) |
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Filing 4
ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER AND FOR PARTIAL SUMMARY JUDGMENT. It is ORDERED, that the above named defendant or its counsel show cause at a telecophonic conference convened by this court at dial-in 888-363-4749, access code 5583333 on March 24, 2020, at 3:00 p.m. or as soon thereafter as counsel may be heard, why an order should not be issued pursuant to Rules 65 and 56 of the Federal Rules of Civil Procedure enjoining the defendant during the pendency of this action from: (i) enforcing any aspect of loan documents from a February 2019 and April 2019 set of loans from EMA to Parallax, documented by two separate convertible promissory notes and securities purchase agreements, including the right to acquire Parallax shares through conversions; (ii) restraining EMA from transferring, selling, assignment or otherwise disposing of any shares or warrants of Parallax stock it obtained pursuant to the loan documents until a decision on the merits has been issued; (iii) granting summary judgment on Plaintiff's first claim for relief seeking a declaration the underlying loan documents are void ab initio. ORDERED that, sufficient reason having been shown therefor, pending the hearing of plaintiff'4ws application for a preliminary injunction, pursuant to Rule 65, Fed. R. Civ. P., the defendant is temporarily restrained and enjoined from: enforcing the conversion of shares pursuant to the loan documents from a February 2019 and April 2019 set of loans from EMA to Parallax, documented by two convertible promissory notes and securities purchase agreements, including the right to acquire Parallax shares through conversions; and (ii)restraining EMA from transferring, selling, assignment or otherwise disposing of any shares or warrants of Parallax stock it obtained pursuant to the loan documents until a decision on the merits has been issued; AND IT IS FURTHER ORDERED that security in the amount of $5,000 be posted by the plaintiff prior to close of business on March 19, 2020. AND IT IS FURTHER ORDERED, Plaintiff shall effect service on Defendant of this order and the annexed declarations and supporting documents by mailing hard copies of the documents to Defendant by Fedex, overnight mail, by March 19, 2020. Plaintiff shall further email Defendant this order and annexed declarations and supporting documents within 2 hours of receiving it from the Court. Plaintiff shall file proof of service on Defendant on ECF by March 20, 2020. AND IT IS FURTHER ORDERED that defendant shall file opposition papers electronically through the ECF system on or before March 23, 2020 at noon, and such shall be deemed good and sufficient service thereof; Defendant may seek a continuance of the show cause hearing, in which case the TRO will remain in effect until the adjourned date., (Telephone Conference set for 3/24/2020 at 03:00 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 3/18/20) (yv) Modified on 3/24/2020 (yv).
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| Minute Entry for proceedings held before Judge Lorna G. Schofield: Telephone Conference held on 3/18/2020. (Court Reporter Present) (jcs) |
| Filing 2 CIVIL COVER SHEET filed..(pc) |
| Filing 1 COMPLAINT against EMA Financial, LLC. (Filing Fee $ 400.00, Receipt Number 465401257057)Document filed by Parallax Health Sciences, Inc...(pc) (pne). |
| Case Designated ECF. (pc) |
| 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc) |
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| Defendant: EMA Financial, LLC | |
| Represented By: | Jeffrey Fleischmann |
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| Plaintiff: Parallax Health Sciences, Inc. | |
| Represented By: | Barry Martin Bordetsky |
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