Discover Growth Fund, LLC v. OWC Pharmaceutical Research Corp.
| Discover Growth Fund, LLC |
| OWC Pharmaceutical Research Corp. |
| 1:2020cv02857 |
| April 6, 2020 |
| US District Court for the Southern District of New York |
| Alvin K Hellerstein |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity Action |
| None |
Docket Report
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This docket was last retrieved on May 11, 2023. A more recent docket listing may be available from PACER.
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Filing 68
CLERK'S SUPERSEDING DEFAULT JUDGMENT in favor of Discover Growth Fund, LLC against OWC Pharmaceutical Research Corp. in the amount of $8,742,258.73. It is hereby ORDERED, ADJUDGED, AND DECREED, That for the reasons stated in the Court's Order and Opinion dated May 8, 2023, the Courts Order Supplementing Order and Opinion dated May 10, 2023, and the Courts Order Amending Supplementing Order and Opinion dated May 11, 2023, judgment is entered in Plaintiff's favor against Defendant in the amount of $6,827,989.72, plus interest calculated at the statutory rate of 9 percent from the date of the breach of contract, March 30, 2020, to the date of entry of final judgment, in the amount of $1,914,269.01. (Signed by Clerk of Court Ruby Krajick on 5/11/2023) (Attachments: #1 Appeal Package) (km)
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Filing 67
ORDER AMENDING SUPPLEMENTING ORDER AND OPINION GRANTING MOTION FOR DEFAULT JUDGMENT On May 10, 2023, I issued an order supplementing my order and opinion granting Plaintiff's motion for default judgment. ECF No. 64. That order stated that the interest I awarded Plaintiff, ECF No. 63, was to be calculated from, March 30, 2023, to the date of entry of final judgment." Id. However, the breach of contract occurred on March 30, 2020, rather than on March 30, 2023. As such, prejudgment interest shall be calculated from March 30, 2020, to the date of entry of final judgment. The Clerk is instructed to enter a superseding default judgment that calculates interest from March 30, 2020, and to terminate ECF No. 66. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 5/11/2023) (jca) Transmission to Orders and Judgments Clerk for processing.
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Filing 66
LETTER addressed to Judge Alvin K. Hellerstein from Paul A. Saso, Esq. dated May 11, 2023 re: re: Typographical Error in Order. Document filed by Discover Growth Fund, LLC..(Saso, Paul)
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Filing 65
CLERK'S DEFAULT JUDGMENT in favor of Discover Growth Fund, LLC against OWC Pharmaceutical Research Corp. in the amount of $6,898,701.50. It is hereby ORDERED, ADJUDGED, AND DECREED, That for the reasons stated in the Court's Order and Opinion dated May 8, 2023, and the Courts Order Supplementing Order and Opinion dated May 10, 2023, judgment is entered in Plaintiff's favor against Defendant in the amount of $6,827,989.72, plus interest calculated at the statutory rate of 9 percent from the date of the breach of contract, March 30, 2023, to the date of entry of final judgment, in the amount of $70,711.78. (Signed by Clerk of Court Ruby Krajick on 5/11/2023) (Attachments: #1 Appeal Package) (km)
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Filing 64
ORDER SUPPLEMENTINGORDER AND OPINIONGRANTING MOTION FORDEFAULT JUDGMENT. I issue this supplemental order to clarify that the aforementioned interest is prejudgment interest calculated at the statutory rate of 9 percent from the date of the breach of contract, March 30, 2023, to the date of entry of final judgment. See ECF 63 at 2 (describing Defendant's breach of contract); US. Naval Institute v. Charter Communications, Inc., 936 F.2d 692, 698 (2d Cir. 1991) ("a plaintiff who prevails on a claim for breach of contract is entitled to prejudgment interest as a matter of right."); Schipani v. McLeod. 541 F.3d 158, 164-65 (2d Cir. 2008) ("In a diversity case, state law governs the award of prejudgment interest."); N.Y. C.P.L.R. 5004 (Interest shall be at the rate of nine per centum per annum..".). SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 5/10/23) (yv)
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Filing 63
ORDER AND OPINION GRANTING MOTION FOR DEFAULT JUDGMENT re: #60 MOTION for Default Judgment as to OWC Pharmaceutical Research Corp.. filed by Discover Growth Fund, LLC. The Clerk shall enter judgment in Plaintiff's favor against Defendant in the amount of $6,827,989.72, plus interest. The Clerk shall terminate all open motions. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 5/8/2023) (jca) Transmission to Orders and Judgments Clerk for processing.
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Filing 62
DECLARATION of Travis Cochran in Support re: #60 MOTION for Default Judgment as to OWC Pharmaceutical Research Corp... Document filed by Discover Growth Fund, LLC. (Attachments: #1 Exhibit 1 Part 1 of 2, #2 Exhibit 1 Part 2 of 2, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4).(Saso, Paul)
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Filing 61
DECLARATION of Paul A. Saso, Esq. in Support re: #60 MOTION for Default Judgment as to OWC Pharmaceutical Research Corp... Document filed by Discover Growth Fund, LLC..(Saso, Paul)
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Filing 60
MOTION for Default Judgment as to OWC Pharmaceutical Research Corp.. Document filed by Discover Growth Fund, LLC..(Saso, Paul)
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Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Status Conference held on 1/6/2023. (Jones, Brigitte)
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Filing 59
MEMO ENDORSEMENT on re: #56 Letter November 18, 2022 Order, filed by OWC Pharmaceutical Research Corp. ENDORSEMENT: Schwell Wimpfheimer & Associates LLP's motion to be discharged as counsel of record is granted. This order amends ECF No. 57. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 12/20/22) (yv)
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Filing 58
SCHEDULING ORDER: The parties are hereby ordered to appear for status conference on January 6, 2023 at 10:00 a.m., which will be held via the following call-in number: Call-in number: 888-363-4749, Access code: 7518680. SO ORDERED. ( Telephone Conference set for 1/6/2023 at 10:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 12/15/22) (yv)
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Filing 57
MEMO ENDORSEMENT on re: #56 Letter November 18, 2022 Order, filed by OWC Pharmaceutical Research Corp. ENDORSEMENT: Counsel's motion to be discharged is granted. SO ORDERED., (Attorney Dov Schwell terminated.) (Signed by Judge Alvin K. Hellerstein on 12/7/22) (yv)
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Filing 56
FIRST LETTER addressed to Judge Alvin K. Hellerstein from Dov T. Schwell dated December 1, 2022 re: November 18, 2022 Order. Document filed by OWC Pharmaceutical Research Corp.. (Attachments: #1 Exhibit Exhibit A to Schwell Declaration).(Chester, Melinda)
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Filing 55
ORDER, I require Defendant's counsel to provide a table of organization of Defendant as they last knew it under oath, and to update the Court on the status of the OWCP as a company. Upon doing so Defendant's counsel will be allowed to withdraw. The Defendant cannot appear by itself in the action. It must retain substitute counsel by January 3, 2023, and that counsel must file a notice of appearance by said date. A status conference will be held on January 6, 2023, at 10:00 a.m., to discuss the ongoing progress in the case whether as a defended matter or as a defaulted matter. Plaintiff shall appear at that conference with a definite plan about how to proceed with the case. SO ORDERED. ( Status Conference set for 1/6/2023 at 10:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 11/18/22) (yv)
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Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Status Conference held on 11/18/2022, ( Status Conference set for 1/6/2023 at 10:00 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.). (Jones, Brigitte)
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Filing 54
SCHEDULING ORDER: The parties are hereby ordered to appear for status conference on November 18, 2022 at 10:00 a.m., which will be held via the following call-in number: Call-in number: 888-363-4749 Access code: 7518680. To ensure that the call proceeds smoothly and to avoid disruption, the Court directs those calling in (other than counsel) to mute their telephones. Additionally, all participants are directed to call in 5 minutes prior to the start of the sentencing. Finally, no later than November 16, 2022, at 12:00 p.m., the parties shall jointly submit to the court (via the email address HellersteinNYSDChambers@nysd.uscourts.gov) a list of all counsel expected to appear on the record, along with their contact information. SO ORDERED. Telephone Conference set for 11/18/2022 at 10:00 AM before Judge Alvin K. Hellerstein. (Signed by Judge Alvin K. Hellerstein on 11/7/2022) (vfr)
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Filing 53
ORDER granting #52 Letter Motion to Adjourn Conference. The conference will be held November 18, 2022 at 10:00 a.m. Counsel has to have a presence consistent with EDT Telephone Conference set for 11/18/2022 at 10:00 AM before Judge Alvin K. Hellerstein. (Signed by Judge Alvin K. Hellerstein on 10/13/2022) (rro)
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Filing 52
SECOND LETTER MOTION to Adjourn Conference addressed to Judge Alvin K. Hellerstein from Melinda Spitzer dated October 13, 2022. Document filed by OWC Pharmaceutical Research Corp...(Chester, Melinda)
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Filing 51
ORDER denying without prejudice to renewal by formal motion #50 Letter Motion to Adjourn Conference. Motion denied w/out prejudice to renewal seeking an adjournment to a Friday. (Signed by Judge Alvin K. Hellerstein on 10/3/22) (yv)
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Filing 50
FIRST LETTER MOTION to Adjourn Conference addressed to Judge Alvin K. Hellerstein from Melinda Chester-Spitzer dated October 2, 2022. Document filed by OWC Pharmaceutical Research Corp...(Chester, Melinda)
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Filing 49
ORDER granting #48 Letter Motion to Adjourn Conference. The conf is adjourned to November 4, 2022, 10:00 a.m. Telephone Conference set for 11/4/2022 at 10:00 AM before Judge Alvin K. Hellerstein.. (Signed by Judge Alvin K. Hellerstein on 9/21/2022) (rro)
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Filing 48
LETTER MOTION to Adjourn Conference Telephonic Status Conference Scheduled for September 30, 2022 addressed to Judge Alvin K. Hellerstein from Paul A. Saso, Esq. dated September 21, 2022. Document filed by Discover Growth Fund, LLC..(Saso, Paul)
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Filing 47
ORDER, The parties are hereby ordered to appear for a telephonic status conference on September 30, 2022 at 10 a.m., which will be held via the following call-in number: Call-in number: 888-363-4749, Access code: 7518680. Finally, no later than September 23, 2022 at 12:00 p.m., the parties shall jointly submit to the court (via the email address HellersteinNYSDChambers@nysd.uscourts.gov) a list of all counsel expected to appear on the record, along with their contact information. SO ORDERED. ( Telephone Conference set for 9/30/2022 at 10:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 9/20/22) (yv)
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Filing 46
STATUS REPORT. Pursuant to The Court's August 30,2022 Order [Corrected] Document filed by Discover Growth Fund, LLC..(Saso, Paul)
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Filing 45
STATUS REPORT. Pursuant to The Court's August 30, 2022 Order Document filed by Discover Growth Fund, LLC..(Saso, Paul)
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Filing 44
ORDER: On February 16, 2022, I permitted Plaintiff to withdraw its motion for summary judgment. Since then, there have been no filings or conferences in this case. Accordingly, the parties, via joint letter submitted via ECF, shall advise the Court of the status of the case by September 13, 2022. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 8/30/2022) (kv)
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Filing 43
MEMO ENDORSEMENT on NOTICE OF WITHDRAWAL OF MOTION FOR SUMMARY JUDGMENT: withdrawing #26 Motion for Summary Judgment. ENDORSEMENT: The motion is withdrawn, without prejudice. The Clerk shall terminate ECF No. 26. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 2/16/2022) (ama)
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Filing 42
NOTICE of Withdrawal of Motion for Summary Judgment re: #26 MOTION for Summary Judgment .. Document filed by Discover Growth Fund, LLC..(Saso, Paul)
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Filing 41
NOTICE of Supplemental Authority re: #26 MOTION for Summary Judgment .. Document filed by Discover Growth Fund, LLC. (Attachments: #1 Exhibit Ex A - DGF v. Beyond Commerce, #2 Exhibit Ex B - In re Immune Pharmaceuticals Inc., et al., #3 Exhibit Ex C - Scripsamerica, Inc. v. Ironridge Global IV, et al.).(Saso, Paul)
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Filing 40
LETTER addressed to Judge Alvin K. Hellerstein from Paul A. Saso, Esq. dated October 26, 2021 re: Motion for Summary Judgment. Document filed by Discover Growth Fund, LLC..(Saso, Paul)
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Filing 39
MEMO ENDORSEMENT on re: #35 Letter Correspondence of the Court filed by OWC Pharmaceutical Research Corp. ENDORSEMENT: The letter is rejected and will not be considered. The Court does not accept letters other than those specifically permitted by the Court's Individual Rules. See, e.g., Rule 1D, 2E. Any request for relief shall be made by motion conforming to the Federal Rules of Civil Procedure and Local Rules. (Signed by Judge Alvin K. Hellerstein on 8/27/21) (yv)
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Filing 38
RESPONSE to Motion re: #26 MOTION for Summary Judgment . Table of Content Regarding Motion for Summary Judgment. Document filed by Discover Growth Fund, LLC..(Saso, Paul)
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Filing 37
DECLARATION of John Kirkland in Support re: #26 MOTION for Summary Judgment .. Document filed by Discover Growth Fund, LLC. (Attachments: #1 Exhibit 12- Email).(Saso, Paul)
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Filing 36
REPLY MEMORANDUM OF LAW in Support re: #26 MOTION for Summary Judgment . . Document filed by Discover Growth Fund, LLC..(Saso, Paul)
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Filing 35
LETTER addressed to Judge Alvin K. Hellerstein from Melinda Chester Spitzer dated 2021-08-25 re: Correspondence of the Court. Document filed by OWC Pharmaceutical Research Corp...(Chester, Melinda)
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Filing 34
STIPULATION EXTENDING BRIEFING SCHEDULE REGARDING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT, It is hereby STIPULATED AND AGREED that: 1. Defendant shall file its opposition to the Motion no later than August 25, 2021; and 2. Plaintiff shall file its reply in further support of the Motion by no later than September 1, 2021. SO ORDERED. ( Responses due by 8/25/2021, Replies due by 9/1/2021.) (Signed by Judge Alvin K. Hellerstein on 8/13/21) (yv)
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Filing 33
PROPOSED STIPULATION AND ORDER. Document filed by Discover Growth Fund, LLC..(Saso, Paul)
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Filing 32
PROPOSED STIPULATION AND ORDER. Document filed by Discover Growth Fund, LLC. (Attachments: #1 Text of Proposed Order Granting Injunction).(Saso, Paul)
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Filing 31
PROPOSED ORDER. Document filed by Discover Growth Fund, LLC. Related Document Number: #26 ..(Saso, Paul) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 30
DECLARATION of John Burke in Support re: #26 MOTION for Summary Judgment .. Document filed by Discover Growth Fund, LLC. (Attachments: #1 Exhibit 11 - Overview).(Saso, Paul)
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Filing 29
DECLARATION of John Kirkland in Support re: #26 MOTION for Summary Judgment .. Document filed by Discover Growth Fund, LLC. (Attachments: #1 Exhibit 1 - Securities Purchase Agreement, #2 Exhibit 2 - Registration Rights Agreement, #3 Exhibit 3 - Certificate of Designations, #4 Exhibit 4 - Dept of State: Division of Corporations, #5 Exhibit 5 - EDGAR Search Results, #6 Exhibit 6 - SEC Schedule 13D, #7 Exhibit 7 - SEC Schedule 13D/A, #8 Exhibit 8 - SEC Schedule 13D/A, #9 Exhibit 9 - SEC Schedule 13G, #10 Exhibit 10 - SEC Form 8-K).(Saso, Paul)
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Filing 28
RULE 56.1 STATEMENT. Document filed by Discover Growth Fund, LLC..(Saso, Paul)
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Filing 27
MEMORANDUM OF LAW in Support re: #26 MOTION for Summary Judgment . For a Permanent Injunction. Document filed by Discover Growth Fund, LLC..(Saso, Paul)
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Filing 26
MOTION for Summary Judgment . Document filed by Discover Growth Fund, LLC. Return Date set for 8/16/2021 at 09:30 AM..(Saso, Paul)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #31 Proposed Order was reviewed and approved as to form. (dt)
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Filing 25
MEMO ENDORSEMENT on re: #15 MOTION for Dov Schwell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19518652. Motion and supporting papers to be reviewed by Clerk's Office staff. filed by OWC Pharmaceutical Research Corp. ENDORSEMENT: Mr. Schwell has failed to submit a certificate of good standing from New York State Court. His motion to appear pro hac vice is therefore denied. The Clerk of Court shall close ECF No. 15. (Signed by Judge Alvin K. Hellerstein on 3/30/2021) (cf)
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Filing 24
STIPULATION EXTENDING DEADLINES IN ORDER GRANTING PRELIMINARY INJUNCTION. IT IS HEREBY STIPULATED AND AGREED, by the undersigned attorneys for Plaintiff Discover Growth Fund LLC ("Discover") and Defendant OWC Pharmaceutical Research Corp. ("OWCP" or the "Company"), that: IT IS HEREBY STIPULATED AND AGREED, that Discover shall not take any action until September 30, 2020 seeking to hold OWCP in contempt or to enforce the Order, or to prosecute the related and underlying claims if OWCP (i) holds a special meeting of OWCP's stockholders by no later than August 31, 2020 (the "Special Meeting"), and (ii) files or otherwise makes publicly available the information required for a Form 10-K for 2019 and Form 10-Q for the quarters ended March 31, 2020 and June 30, 2020, by no later than September 25, 2020. IT IS FURTHER STIPULATED AND AGREED that, as the Special Meeting voting results permit, OWCP, its officers, agents, servants, employees, and attorneys, and all other persons who are in active concert or participation with them, including but not limited to OWCP's current transfer agent and any future transfer agent, are ordered to reserve for Discover the Required Reserve Amount as provided in the Securities Purchase Agreement dated April 30, 2018, assuming a Conversion Price equal to the Closing Price of the Common Stock on the Principal Market on the day prior to shareholder meeting. IT IS FURTHER STIPULATED AND AGREED that, at the Special Meeting, OWCP's stockholders who were stockholders of record as of August 13, 2020 will vote on: (1) approval of a reverse stock split of the Company's issued and outstanding capital stock and (2) authorizing the Company to increase its authorized capital stock. OWCP may utilize the proceeds from $200,000 in debt financing provided by Discover to an OWCP subsidiary to meet its above obligations. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 8/28/20) (yv)
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Filing 23
PROPOSED STIPULATION AND ORDER. Document filed by Discover Growth Fund, LLC..(Saso, Paul)
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Filing 22
STIPULATION EXTENDING DEADLINES IN ORDER GRANTING PRELIMINARY INJUNCTION. IT IS HEREBY STIPULATED AND AGREED, by the undersigned attorneys for Plaintiff Discover Growth Fund LLC ("Discover") and Defendant OWC Pharmaceutical Research Corp. ("OWCP" or the "Company"), that: 1. The June 5, 2020 deadline by which OWCP must file with the Securities and Exchange Commission ("SEC") its 2019 annual report on Form 10-K, its quarterly report on Form 10-Q for its first quarter of 2020 and withdraw the Form 15 filed with the SEC on March 31, 2020, as set forth in the Court's April 29, 2020 Order Granting Preliminary Injunction ("Order"), is hereby extended until July 31, 2020. 2. Discover shall not take any action until July 31, 2020 seeking to hold OWCP in contempt or to enforce the Order, or to prosecute the related and underlying claims if OWCP (i) holds a special meeting of OWCP's stockholders by no later than July 21, 2020, and (ii) files or otherwise makes publicly available the information required for a Form 10-K for 2019 and Form 10-Q for the quarter ended March 31, 2020 by no later than July 28, 2020. At the special meeting, OWCP's stockholders who were stockholders of record as of June 12, 2020 will vote on as further set forth in this Stipulation. So ordered. (Signed by Judge Alvin K. Hellerstein on 6/23/20) (yv)
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Filing 21
PROPOSED STIPULATION AND ORDER. Document filed by Discover Growth Fund, LLC..(Saso, Paul)
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Filing 20
ANSWER to Complaint. Document filed by OWC Pharmaceutical Research Corp...(Chester, Melinda)
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Filing 19
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by OWC Pharmaceutical Research Corp...(Chester, Melinda)
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Filing 18
ORDER GRANTING PRELIMINARY INJUNCTION. It is hereby ORDERED, that OWCP, its officers, agents, servants, employees, and attorneys, and all other persons who are in active concert or participation with them, shall immediately take all actions necessary to become and remain current in OWCP's public filing obligations under the Securities Exchange Act of 1934 ("Exchange Act"), as required by the SPA and the RRA, including, but not limited to, the following: 1. Promptly, and no later than May 18, 2020, engage Public Company Accounting Oversight Board approved auditors to audit OWCP's Annual Report on Form 10-K for the year ended December 31, 2019 ("2019 10-K"), and to review OWCP's Quarterly Report on Form 10-Q for the quarter ended March 31, 2020 ("Q1 10-Q"), and subsequent quarterly reports; 2. Promptly, and no later than May 25, 2020, provide OWCP's auditors with drafts of its 2019 annual financial statements, 2019 10-K, quarterly financial statements, first quarter 2020 financial information, and Q1 10-Q; 3. Promptly, and no later than June 5, 2020, file with the U.S. Securities and Exchange Commission ("SEC") OWCP's 2019 10-K and Q1 10-Q, and a withdrawal of the Form 15 filed with the SEC on March 31, 2020, and thereafter timely continue to file with the SEC all current and period reports and other filings required by OTCQB and the Exchange Act; and 4. At all times take all actions necessary to ensure that OWCP timely and fully meets all of its obligations under the SPA and RRA, and is listed and continues to be listed on the OTCQB. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 4/29/20) (yv)
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Filing 17
LETTER addressed to Judge Alvin K. Hellerstein from Paul A. Saso, Esq. dated April 27, 2020 re: Preliminary Injunction. Document filed by Discover Growth Fund, LLC. (Attachments: #1 Exhibit A - Transcript of April 22, 2020 Hearing, #2 Text of Proposed Order Proposed Order Granting Preliminary Injunction).(Saso, Paul)
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Filing 16
SUMMARY ORDER. For the reasons stated on the record at the telephonic oral argument held today, April 22, 2020, Plaintiff's motion for injunctive relief is hereby granted. As discussed on the record, Defendant will have 45 days from today to complete the filings specified in Plaintiff's motion. On or before this coming Monday, April 27, 2020, the parties shall jointly submit a proposed order consenting to the terms of implementation of the injunction. If the parties cannot mutually agree to all terms, they shall submit a joint letter that includes both (a) proposed orders from each side, and (b) an explanation from each side as to their preferred version of the order. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 4/22/20) (yv)
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Filing 15
FILING ERROR - DEFICIENT PRO HAC VICE MOTION - MOTION for Dov Schwell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19518652. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by OWC Pharmaceutical Research Corp.. (Attachments: #1 Pro Hac Vice Declaration, #2 Proposed Order Pro Hac Vice).(Schwell, Dov) Modified on 4/21/2020 (ad).
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #15 MOTION for Dov Schwell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19518652. 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 New York State Court.;. Re-file the motion as a Corrected 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. (ad)
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Filing 14
REPLY MEMORANDUM OF LAW in Support re: #10 Order to Show Cause,,,,,,,, Set Hearings,,,,,,, . Document filed by Discover Growth Fund, LLC. (Attachments: #1 Text of Proposed Order Proposed Order).(Saso, Paul)
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Filing 13
ORDER REGULATING PROCEEDINGS, The parties are hereby ordered to appear for a telephonic oral argument on Wednesday, April 22, 2020, at 11:00 a.m., which argument will be held via the following call-in number: Call-in number: 888-363-4749,Access code: 7518680. To ensure that the hearing proceeds smoothly and to avoid disruption, the Court directs all those calling in (other than counsel) to mute their telephones. Finally, no later than Tuesday, April 21, 2020, at 10:00 a.m., the parties shall jointly submit to the Court (via the email address: HellersteinNYSDChambers@nysd.uscourts.gov) a list of all counsel expected to appear on the record at the telephonic argument. SO ORDERED. ( Telephone Conference set for 4/22/2020 at 11:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 4/20/20) (yv)
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Filing 12
OPPOSITION BRIEF . Document filed by OWC Pharmaceutical Research Corp.. (Attachments: #1 Declaration of Zvi Riterband).(Chester, Melinda)
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Filing 11
SUMMONS RETURNED EXECUTED Summons and Complaint, served. OWC Pharmaceutical Research Corp. served on 4/9/2020, answer due 4/30/2020. Service was accepted by Registered Agent Harvard Business Services, Inc.. Document filed by Discover Growth Fund, LLC..(Saso, Paul)
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Filing 10
ORDER TO SHOW CAUSE FOR TRO AND PRELIMINARY INJUNCTION. It is hereby, ORDERED that Defendant OWC Pharmaceutical Research Corp. ("OWCP") or its attorneys, show cause before this Court, telephonically on April 22, 2020 at 11:00 a.m. or as soon thereafter as counsel may be heard, why preliminary injunction should not be issued requiring OWCP to: (a) rescind the Certification and Notice of Termination of Registration Under Section 12(g) of the Exchange Act or Suspension of Duty to File Reports Under Sections 13 and 15(d) of the Exchange Act that it filed with the Securities and Exchange Commission on or about March 31, 2020 (the "Form 15"); and (b) timely file with the Securities and Exchange Commission ("SEC") all reports required by the Securities Exchange Act of 1934, including, but not limited to, OWCP's Annual Report on Form 10-K for the year ended December 31, 2019 ("Annual Report") and Quarterly Report on Form 10-Q for the quarter ended March 31, 2020; and it is further ORDERED that papers in opposition to this application, if any, shall be served on plaintiff's attorneys and filed with this Court on or before April 20, 2020 and it is further ORDERED that electronic service (via electronic mail) of a copy of this order and all papers upon which it was granted upon both OWCP's counsel, Dov Schwell, Esq., Schwell, Wimpfheimer & Associates, 37 West 39th Street, Suite 505, New York, New York 10018 (at dschwell@swalegal.com) and OWCP' s Chief Executive Officer, Zvi Riterband ( at zvi@owcpharma.com) on or before, April 8, 2020, shall be deemed good and sufficient service thereof. ENTERED., ( Telephone Conference set for 4/22/2020 at 11:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 4/8/20) (yv)
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Filing 9
MEMORANDUM OF LAW in Support re: #7 Proposed Order to Show Cause With Emergency Relief . Document filed by Discover Growth Fund, LLC..(Saso, Paul)
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Filing 8
DECLARATION of Paul A. Saso in Support re: #7 Proposed Order to Show Cause With Emergency Relief. Document filed by Discover Growth Fund, LLC..(Saso, Paul)
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Filing 7
PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Discover Growth Fund, LLC..(Saso, Paul) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
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Filing 6
CIVIL COVER SHEET filed..(Saso, Paul)
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Filing 5
ELECTRONIC SUMMONS ISSUED as to OWC Pharmaceutical Research Corp...(pc)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Paul Anthony Saso to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Civil cover sheet was not signed. (pc)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Paul Anthony Saso. The following case opening statistical information was erroneously selected/entered: Dollar Demand blank; County code New York;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $75,000; the County code has been modified to XX Out of State;. (pc)
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***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #7 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. You may want to include a security posting if necessary. (ad)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alvin K. Hellerstein. 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..(pc)
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Case Designated ECF. (pc)
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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)
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Filing 4
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Discover Growth Fund, LLC..(Saso, Paul)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to OWC Pharmaceutical Research Corp., re: #1 Complaint,. Document filed by Discover Growth Fund, LLC..(Saso, Paul)
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Filing 2
FILING ERROR - DEFICIENT PLEADING - PDF ERROR - CIVIL COVER SHEET filed..(Saso, Paul) Modified on 4/7/2020 (pc).
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Filing 1
COMPLAINT against OWC Pharmaceutical Research Corp.. (Filing Fee $ 400.00, Receipt Number ANYSDC-19347234)Document filed by Discover Growth Fund, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Saso, Paul)
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| Search for this case: Discover Growth Fund, LLC v. OWC Pharmaceutical Research Corp. | |
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| Defendant: OWC Pharmaceutical Research Corp. | |
| Represented By: | Melinda Holly Chester |
| Represented By: | Dov Schwell |
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| Plaintiff: Discover Growth Fund, LLC | |
| Represented By: | Paul Anthony Saso |
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