FirstFire Global Opportunities Fund, LLC v. WestPark Capital, Inc. et al
| FirstFire Global Opportunities Fund, LLC |
| Joseph T. Rallo, David W. Boral, Aegis Capital Corporation, WestPark Capital, Inc., Richard A. Rappaport, Robert J. Eide, Rideshare Rental, Inc. f/k/a YayYo, Inc. and Ramy El-Batrawi |
| 1:2020cv03327 |
| April 28, 2020 |
| US District Court for the Southern District of New York |
| Louis L Stanton |
| Securities/Commodities |
| 15 U.S.C. § 77 Securities Fraud |
| Plaintiff |
Docket Report
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Filing 82
STIPULATION OF DISMISSAL WITH PREJUDICE: Pursuant to Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure, the Plaintiff, FirstFire Global Opportunities Fund, LLC, and the Defendants, Aegis Capital Corporation and Robert J. Eide, hereby stipulate and agree to the dismissal of all claims, counterclaims, crossclaims or otherwise, that were brought, or could have been brought, against and among the Parties in the above- captioned action. All rights of appeal are hereby waived and each Patty shall bear its own costs and attorneys' fees. SO ORDERED. Aegis Capital Corporation and Robert J. Eide terminated. (Signed by Judge Louis L. Stanton on 2/26/2021) (nb)
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| 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) Aegis Capital Corporation, Robert J. Eide and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by FirstFire Global Opportunities Fund, LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Giordano, Philip) |
| ***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #81 Stipulation of Voluntary Dismissal, was reviewed and referred to Judge Louis L. Stanton for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (tp) |
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Filing 80
STIPULATION OF DISMISSAL WITH PREJUDICE: Pursuant to Rule 41 (a)(1)(ii) of the Federal Rules of Civil Procedure, the Plaintiff, FirstFire Global Opportunities Fund, LLC, and the Defendants, WestPark Capital, Inc., Rideshare Rental, Inc. f/k/a YayYo, Inc., Richard A. Rappaport, and Ramy El-Batrawi, hereby stipulate and agree to the dismissal of all claims, counterclaims, crossclaims or otherwise, that were brought, or could have been brought, against and among the Parties in the above-captioned action. All rights of appeal are hereby waived and each Party shall bear its own costs and attorneys' fees. SO ORDERED., Rideshare Rental, Inc. f/k/a YayYo, Inc., WestPark Capital, Inc., Ramy El-Batrawi and Richard A. Rappaport terminated. (Signed by Judge Louis L. Stanton on 2/25/2021) (nb)
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| ***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #79 Stipulation of Voluntary Dismissal, was reviewed and referred to Judge Louis L. Stanton for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (dt) |
| Filing 79 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) Ramy El-Batrawi, Richard A. Rappaport, Rideshare Rental, Inc. f/k/a YayYo, Inc., WestPark Capital, Inc. and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by FirstFire Global Opportunities Fund, LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(Giordano, Philip) Modified on 2/25/2021 (dt). Modified on 2/25/2021 (km). Modified on 2/25/2021 (km). |
| Filing 78 LETTER addressed to Judge Louis L. Stanton from Aaron F. Miner dated February 5. 2021 re: Requesting Oral Argument on #75 MOTION to Dismiss the Second Amended Complaint. Document filed by Aegis Capital Corporation, Robert J. Eide..(Miner, Aaron) |
| Filing 77 MEMORANDUM OF LAW in Support re: #75 MOTION to Dismiss the Second Amended Complaint. . Document filed by Aegis Capital Corporation, Robert J. Eide..(Miner, Aaron) |
| Filing 76 DECLARATION of Aaron F. Miner, Esq. in Support re: #75 MOTION to Dismiss the Second Amended Complaint.. Document filed by Aegis Capital Corporation, Robert J. Eide. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11).(Miner, Aaron) |
| Filing 75 MOTION to Dismiss the Second Amended Complaint. Document filed by Aegis Capital Corporation, Robert J. Eide..(Miner, Aaron) |
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Filing 74
ORDER GRANTING EXTENSIONS OF TIME re #71 Motion for Extension of Time to Answer re #58 Amended Complaint. IT IS HEREBY ORDERED, that Defendants' responsive pleadings to Plaintiffs Second Amended Complaint are hereby to be filed on or before February 19, 2021. Plaintiffs Opposition is to be filed 21 days later on March 12, 2021. Defendants' Replies are to be due 21 days later on April 2, 2021. Ramy El-Batrawi answer due 2/19/2021; Richard A. Rappaport answer due 2/19/2021; Rideshare Rental, Inc. f/k/a YayYo, Inc. answer due 2/19/2021; WestPark Capital, Inc. answer due 2/19/2021. (Signed by Judge Louis L. Stanton on 2/3/2021) (nb)
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Filing 73
STIPULATION EXTENDING DEFENDANTS RIDESHARE, INC., AND RAMY EL-BATRA Wl'S TIME TO RESPOND TO SECONDAMENDED COMPLAINT granting #70 Motion for Extension of Time to File Response/Reply. NOW THEREFORE, IT IS STIPULATED AND AGREED AS FOLLOWS:The deadline for all Defendants, including Rideshare Rental, Inc., and Ramy El-Batrawi, to fileresponsive pleadings to Plaintiffs Second Amended Complaint shall be on or before February 5, 2021,with Plaintiff's Oppositions to be filed 21 days later on or before February 26, 2021, and Defendants'Replies due on or before March 19, 2021. SO ORDERED. Responses due by 2/26/2021 Replies due by 3/19/2021.. (Signed by Judge Louis L. Stanton on 2/3/2021) (nb) Modified on 2/3/2021 (nb).
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| Set/Reset Deadlines: Ramy El-Batrawi answer due 2/5/2021; Rideshare Rental, Inc. f/k/a YayYo, Inc. answer due 2/5/2021. (nb) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #72 Proposed Order was reviewed and approved as to form. (km) |
| Set/Reset Deadlines: Responses due by 3/12/2021 Replies due by 4/2/2021. (nb) |
| Filing 72 PROPOSED ORDER. Document filed by Richard A. Rappaport, WestPark Capital, Inc.. Related Document Number: #71 ..(Kamps, Julie) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 71 MOTION for Extension of Time to File Answer . Document filed by Richard A. Rappaport, WestPark Capital, Inc.. (Attachments: #1 Stipulation for Extension of Time, #2 [Proposed] Order).(Kamps, Julie) |
| Filing 70 JOINT MOTION for Extension of Time to File Response/Reply . Document filed by Rideshare Rental, Inc. f/k/a YayYo, Inc...(Newhouse, George) |
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Filing 69
ORDER GRANTING EXTENSIONS OF TIME granting #68 Letter Motion for Extension of Time. IT IS HEREBY ORDERED, that Defendants' responsive pleadings to Plaintiffs Second Amended Complaint are hereby to be filed on or before February 5, 2021. Plaintiffs Opposition is to be filed 21 days later on February 26, 2021. Defendants' Replies are to be due 21 days later on March 19, 2021. (Signed by Judge Louis L. Stanton on 12/16/2020) (rro)
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| Filing 68 CONSENT MOTION for Extension of Time and to Set Briefing Schedule. Document filed by Richard A. Rappaport, WestPark Capital, Inc.. (Attachments: #1 Text of Proposed Order [Proposed] Order).(Kamps, Julie) |
| Set/Reset Deadlines: Aegis Capital Corporation answer due 2/5/2021; Robert J. Eide answer due 2/5/2021; Richard A. Rappaport answer due 2/5/2021; WestPark Capital, Inc. answer due 2/5/2021. Responses due by 2/26/2021 Replies due by 3/19/2021. (rro) |
| Filing 67 WAIVER OF SERVICE RETURNED EXECUTED. Ramy El-Batrawi waiver sent on 12/3/2020, answer due 2/1/2021. Document filed by Ramy El-Batrawi..(Newhouse, George) |
| Filing 66 WAIVER OF SERVICE RETURNED EXECUTED. Document filed by Rideshare Rental, Inc. f/k/a YayYo, Inc...(Newhouse, George) |
| Filing 65 NOTICE OF APPEARANCE by George B. Newhouse on behalf of Rideshare Rental, Inc. f/k/a YayYo, Inc...(Newhouse, George) |
| Filing 64 NOTICE OF APPEARANCE by George B. Newhouse on behalf of Ramy El-Batrawi..(Newhouse, George) |
| Filing 63 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,. Rideshare Rental, Inc. f/k/a YayYo, Inc. served on 12/7/2020, answer due 12/28/2020. Service was accepted by Allison Rathmanner, Managing Agent of Defendant Rideshare fka YAYO's Registered Agent. Document filed by FirstFire Global Opportunities Fund, LLC..(Giordano, Philip) |
| Filing 62 ELECTRONIC SUMMONS ISSUED as to Rideshare Rental, Inc. f/k/a YayYo, Inc...(pc) |
| Filing 61 ELECTRONIC SUMMONS ISSUED as to Ramy El-Batrawi..(pc) |
| Filing 60 REQUEST FOR ISSUANCE OF SUMMONS as to Rideshare Rental, Inc. f/k/a YayYo, Inc., re: #58 Amended Complaint,,. Document filed by FirstFire Global Opportunities Fund, LLC..(Giordano, Philip) |
| Filing 59 REQUEST FOR ISSUANCE OF SUMMONS as to Ramy El-Batrawi, re: #58 Amended Complaint,,. Document filed by FirstFire Global Opportunities Fund, LLC..(Giordano, Philip) |
| Filing 58 SECOND AMENDED COMPLAINT amending #16 Amended Complaint, #1 Complaint, against Aegis Capital Corporation, Robert J. Eide, Richard A. Rappaport, WestPark Capital, Inc., Rideshare Rental, Inc. f/k/a YayYo, Inc., Ramy El-Batrawi with JURY DEMAND.Document filed by FirstFire Global Opportunities Fund, LLC. Related document: #16 Amended Complaint, #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).(Giordano, Philip) |
| Filing 57 MEMO ENDORSEMENT re: #56 Letter filed by FirstFire Global Opportunities Fund, LLC. GRANTED. (Signed by Judge Louis L. Stanton on 12/2/2020) (nb) |
| Filing 56 LETTER addressed to Judge Louis L. Stanton from Philip M. Giordano dated December 2, 2020 re: Plaintiff's Motion for Leave to Amend Complaint. Document filed by FirstFire Global Opportunities Fund, LLC..(Giordano, Philip) |
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Filing 55
MEMO ENDORSEMENT on re: #52 CONSENT MOTION for Extension of Time to File Response/Reply as to Notice to Court Regarding Proposed Order, #39 Memorandum of Law in Support of Motion, #34 FIRST MOTION to Dismiss ., #40 Letter, #49 Letter, #43 Stipulation and O filed by FirstFire Global Opportunities Fund, LLC. ENDORSEMENT: Dismissed without prejudice as duplicative of stipulation signed and entered today. (Signed by Judge Louis L. Stanton on 11/16/2020) (rro)
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Filing 54
STIPULATION AS TIME TO RESPOND TO DEFENDANTS' MOTIONS TO DISMISS FIRST AMENDED COMPLAINT AND FOR DEFENDANTS TO FILE REPLY MEMORANDUM: The deadline for the Plaintiff to file its Opposition or other responsive papers to the respective Motions to Dismiss of the Defendants as to the Plaintiffs First Amended Complaint shall be extended by thirty (30) days, from Monday, November 16, 2020 to and including Wednesday, December 16, 2020; and that the deadline for the Defendants to file their respective Reply Memoranda or other responsive papers to the respective Oppositions of the Plaintiff to the Motions to Dismiss of the WestPark Defendants and the Aegis Defendants, respectively, shall be extended by at least thirty (30) days, with the final briefing schedule to be finalized at a later date, taking account of year-end holidays and the Court's action on Plaintiffs Motion for Leave to File [Proposed] Second Amended Complaint, filed concurrently with this Motion. SO ORDERED. (Responses due by 12/16/2020), Motions terminated: #52 CONSENT MOTION for Extension of Time to File Response/Reply as to Notice to Court Regarding Proposed Order, #39 Memorandum of Law in Support of Motion, #34 FIRST MOTION to Dismiss ., #40 Letter, #49 Letter, #43 Stipulation and O filed by FirstFire Global Opportunities Fund, LLC. (Signed by Judge Louis L. Stanton on 11/16/2020) (rro)
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| Filing 53 NOTICE of Stipulation of Extension of Time for Plaintiff to Respond or Oppose Motions to Dismiss First Amended Complaint and as to Reply Memorandum, with Certificate of Service re: Notice to Court Regarding Proposed Order, #39 Memorandum of Law in Support of Motion, #34 FIRST MOTION to Dismiss ., #40 Letter, #49 Letter, #41 CONSENT MOTION for Extension of Time to File Response/Reply as to Notice to Court Regarding Proposed Order, #39 Memorandum of Law in Support of Motion, #34 FIRST MOTION to Dismiss ., #40 Letter, #37 MOTION to Dismiss the Ame, #52 CONSENT MOTION for Extension of Time to File Response/Reply as to Notice to Court Regarding Proposed Order, #39 Memorandum of Law in Support of Motion, #34 FIRST MOTION to Dismiss ., #40 Letter, #49 Letter, #43 Stipulation and O, #43 Stipulation and Order, Set Deadlines/Hearings, Terminate Motions,,,,,,,,,,,,,,,,,,,,, #37 MOTION to Dismiss the Amended Complaint., #45 Pretrial Statement, #48 Stipulation and Order, Set Deadlines/Hearings,,,,,, #51 MOTION for Leave to File [Proposed] Second Amended Complaint with Certificate of Service., #44 CONSENT MOTION for Extension of Time to File Response/Reply as to Notice to Court Regarding Proposed Order, #39 Memorandum of Law in Support of Motion, #34 FIRST MOTION to Dismiss ., #40 Letter, #43 Stipulation and Order,,,,,,,, S, #36 Certificate of Service Other, #47 Pretrial Statement, #46 CONSENT MOTION for Extension of Time to File Response/Reply as to Notice to Court Regarding Proposed Order, #39 Memorandum of Law in Support of Motion, #34 FIRST MOTION to Dismiss ., #40 Letter, #43 Stipulation and Order,,,,,,,, S, #38 Declaration in Support of Motion, #35 Proposed Order, #50 Memo Endorsement, #42 Pretrial Statement,. Document filed by FirstFire Global Opportunities Fund, LLC..(Giordano, Philip) |
| Filing 52 CONSENT MOTION for Extension of Time to File Response/Reply as to Notice to Court Regarding Proposed Order, #39 Memorandum of Law in Support of Motion, #34 FIRST MOTION to Dismiss ., #40 Letter, #49 Letter, #43 Stipulation and Order, Set Deadlines/Hearings, Terminate Motions,,,,,,,,,,,,,,,,,,,,, #37 MOTION to Dismiss the Amended Complaint., #45 Pretrial Statement, #48 Stipulation and Order, Set Deadlines/Hearings,,,,,, #51 MOTION for Leave to File [Proposed] Second Amended Complaint with Certificate of Service., #44 CONSENT MOTION for Extension of Time to File Response/Reply as to Notice to Court Regarding Proposed Order, #39 Memorandum of Law in Support of Motion, #34 FIRST MOTION to Dismiss ., #40 Letter, #43 Stipulation and Order,,,,,,,, S, #36 Certificate of Service Other, #47 Pretrial Statement, #46 CONSENT MOTION for Extension of Time to File Response/Reply as to Notice to Court Regarding Proposed Order, #39 Memorandum of Law in Support of Motion, #34 FIRST MOTION to Dismiss ., #40 Letter, #43 Stipulation and Order,,,,,,,, S, #38 Declaration in Support of Motion, #35 Proposed Order, #50 Memo Endorsement, #42 Pretrial Statement, with Certificate of Service. Document filed by FirstFire Global Opportunities Fund, LLC. Return Date set for 12/16/2020 at 06:00 PM..(Giordano, Philip) |
| Filing 51 MOTION for Leave to File [Proposed] Second Amended Complaint with Certificate of Service. Document filed by FirstFire Global Opportunities Fund, LLC. Return Date set for 11/30/2020 at 06:00 PM. (Attachments: #1 Supplement Memorandum of Law, #2 Exhibit 1 [Proposed] Second Amended Complaint, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H).(Giordano, Philip) |
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Filing 50
MEMO ENDORSEMENT re: #49 Letter, filed by FirstFire Global Opportunities Fund, LLC: Plaintiff is directed to canvass the defendants and report to the Court whether there is any objection to the filing of a Second Amended Complaint. If not, it will be taken as So Ordered. (Signed by Judge Louis L. Stanton on 11/13/2020) (ml)
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| Filing 49 LETTER addressed to Judge Louis L. Stanton from Counsel for Plaintiff, FirstFire Global Opportunities Fund, LLC dated 11/05/2020 re: Request for Pre-Motion Conference as to Plaintiff's Intended Motion for Leave to File [Proposed] Second Amended Complaint. Document filed by FirstFire Global Opportunities Fund, LLC..(Giordano, Philip) |
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Filing 48
CORRECTED STIPULATION AS TIME TO RESPOND TO DEFENDANTS' MOTIONS TO DISMISS FIRST AMENDED COMPLAINT COMPLAINT AND FOR DEFENDANTS TO FILE REPLY MEMORANDUM: The deadline for the Plaintiff to file its Opposition or other responsive papers to the respective Motions to Dismiss of the Defendants as to the Plaintiffs First Amended Complaint shall be extended by thirty (30) days, from Thursday, October 15, 2020 to and including Monday, November 16, 2020; and that the deadline for the Defendants to file their respective Reply Memoranda or other responsive papers to the respective Oppositions of the Plaintiff to the Motions to Dismiss of the WestPark Defendants and the Aegis Defendants, respectively, shall be extended by thirty (30) days, from Monday, November 16, 2020 to and including Wednesday, December 16, 2020. So Ordered. (Responses due by 11/16/2020, Replies due by 12/16/2020.) (Signed by Judge Louis L. Stanton on 10/14/2020) (rro)
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| Filing 47 CONSENT PRETRIAL STATEMENT and [Corrected] Stipulation as to Time to Respond to Defendants' Motions to Dismiss First Amended Complaint and for Defendants to File Reply Memorandum, with Certificate of Service. Document filed by FirstFire Global Opportunities Fund, LLC..(Giordano, Philip) |
| Filing 46 CONSENT MOTION for Extension of Time to File Response/Reply as to Notice to Court Regarding Proposed Order, #39 Memorandum of Law in Support of Motion, #34 FIRST MOTION to Dismiss ., #40 Letter, #43 Stipulation and Order,,,,,,,, Set Deadlines/Hearings,,,,,,,, Terminate Motions,,,,,,, #37 MOTION to Dismiss the Amended Complaint., #45 Pretrial Statement, #44 CONSENT MOTION for Extension of Time to File Response/Reply as to Notice to Court Regarding Proposed Order, #39 Memorandum of Law in Support of Motion, #34 FIRST MOTION to Dismiss ., #40 Letter, #43 Stipulation and Order,,,,,,,, S, #36 Certificate of Service Other, #38 Declaration in Support of Motion, #35 Proposed Order, #42 Pretrial Statement, on a [Corrected] Basis, with a Certificate of Service. Document filed by FirstFire Global Opportunities Fund, LLC. Return Date set for 11/16/2020 at 06:00 PM..(Giordano, Philip) |
| Filing 45 PRETRIAL STATEMENT and Stipulation as to Time to Respond to Defendants' Motions to Dismiss First Amended Complaint and for Defendants to File Reply Memorandum, with Certificate of Service. Document filed by FirstFire Global Opportunities Fund, LLC..(Giordano, Philip) |
| Filing 44 CONSENT MOTION for Extension of Time to File Response/Reply as to Notice to Court Regarding Proposed Order, #39 Memorandum of Law in Support of Motion, #34 FIRST MOTION to Dismiss ., #40 Letter, #43 Stipulation and Order,,,,,,,, Set Deadlines/Hearings,,,,,,,, Terminate Motions,,,,,,, #37 MOTION to Dismiss the Amended Complaint., #36 Certificate of Service Other, #38 Declaration in Support of Motion, #35 Proposed Order, #42 Pretrial Statement, with Certificate of Service. Document filed by FirstFire Global Opportunities Fund, LLC. Return Date set for 11/16/2020 at 06:00 PM..(Giordano, Philip) |
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Filing 43
STIPULATION AS TIME TO RESPOND TO DEFENDANTS' MOTIONS TO DISMISS FIRST AMENDED COMPLAINT AND FOR DEFENDANTS TO FILE REPLY MEMORANDUM: The Plaintiff, FirstFire Global Opportunities Fund, LLC (hereinafter "FirstFire"), and the Defendants, WestPark Capital, Inc and Richard A. Rappaport ( collectively hereinafter the "WestPark Defendants"), and Aegis Capital Corporation, Robert J. Eide, Joseph T. Rallo and David W. Baral (collectively hereinafter the "Aegis Defendants" and, with the WestPark Defendants, the "Defendants") hereby stipulate and agree as follows: that the deadline for the Plaintiff to file its Opposition or other responsive papers to the respective Motions to Dismiss of the Defendants as to the Plaintiffs First Amended Complaint shall be extended by thirty (30) days, from Tuesday, September 15, 2020 to and including Thursday, October 15, 2020; and that the deadline for the Defendants to file their respective Reply Memoranda or other responsive papers to the respective Oppositions of the Plaintiff to the Motions to Dismiss of the WestPark Defendants and the Aegis Defendants, respectively, shall be extended by thirty (30) days, from Thursday, October 15, 2020 to and including Monday, November 16, 2020. So Ordered., (Responses due by 10/15/2020, Replies due by 11/16/2020.), Motions terminated: #41 CONSENT MOTION for Extension of Time to File Response/Reply as to Notice to Court Regarding Proposed Order, #39 Memorandum of Law in Support of Motion, #34 FIRST MOTION to Dismiss ., #40 Letter, #37 MOTION to Dismiss the Ame filed by FirstFire Global Opportunities Fund, LLC. (Signed by Judge Louis L. Stanton on 9/16/2020) (rro) Modified on 9/17/2020 (rro).
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| Filing 42 JOINT PRETRIAL STATEMENT and Stipulation as to Time to Respond to Defendants' Motions to Dismiss First Amended Complaint and for Defendants to File Reply Memorandum, with Certificate of Service. Document filed by FirstFire Global Opportunities Fund, LLC..(Giordano, Philip) |
| Filing 41 CONSENT MOTION for Extension of Time to File Response/Reply as to Notice to Court Regarding Proposed Order, #39 Memorandum of Law in Support of Motion, #34 FIRST MOTION to Dismiss ., #40 Letter, #37 MOTION to Dismiss the Amended Complaint., #36 Certificate of Service Other, #38 Declaration in Support of Motion, #35 Proposed Order with Certificate of Service. Document filed by FirstFire Global Opportunities Fund, LLC. Return Date set for 10/15/2020 at 11:59 PM..(Giordano, Philip) |
| Filing 40 LETTER addressed to Judge Louis L. Stanton from Aaron F. Miner dated September 8, 2020 re: requesting oral argument. Document filed by Aegis Capital Corporation, David W. Boral, Robert J. Eide, Joseph T. Rallo..(Miner, Aaron) |
| Filing 39 MEMORANDUM OF LAW in Support re: #37 MOTION to Dismiss the Amended Complaint. . Document filed by Aegis Capital Corporation, David W. Boral, Robert J. Eide, Joseph T. Rallo..(Miner, Aaron) |
| Filing 38 DECLARATION of Aaron F. Miner, Esq. in Support re: #37 MOTION to Dismiss the Amended Complaint.. Document filed by Aegis Capital Corporation, David W. Boral, Robert J. Eide, Joseph T. Rallo. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9).(Miner, Aaron) |
| Filing 37 MOTION to Dismiss the Amended Complaint. Document filed by Aegis Capital Corporation, David W. Boral, Robert J. Eide, Joseph T. Rallo..(Miner, Aaron) |
| Filing 36 CERTIFICATE OF SERVICE of Motion to Dismiss served on FirstFire, Aegis, Eide, Rallo, Boral on 8/31/2020. Document filed by Richard A. Rappaport, WestPark Capital, Inc...(Kamps, Julie) |
| Filing 35 PROPOSED ORDER. Document filed by Richard A. Rappaport, WestPark Capital, Inc.. Related Document Number: #34 ..(Kamps, Julie) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 34 FIRST MOTION to Dismiss . Document filed by Richard A. Rappaport, WestPark Capital, Inc.. Responses due by 8/31/2020 (Attachments: #1 Civil Cover Sheet Notice of Motion).(Kamps, Julie) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #35 Proposed Order was reviewed and approved as to form. (dt) |
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Filing 33
ORDER GRANTING EXTENSION OF TIME granting #31 Letter Motion for Extension of Time. IT IS HEREBY ORDERED, that Defendants' responsive pleading to Plaintiff's complaint is hereby to be filed on or before August 31, 2020. SO ORDERED. (Signed by Judge Louis L. Stanton on 7/28/2020) (rro)
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| Set/Reset Deadlines: Richard A. Rappaport answer due 8/31/2020; WestPark Capital, Inc. answer due 8/31/2020. (rro) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #32 Proposed Order was reviewed and approved as to form. (km) |
| Filing 32 PROPOSED ORDER. Document filed by Richard A. Rappaport, WestPark Capital, Inc.. Related Document Number: #31 ..(Kamps, Julie) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 31 SECOND MOTION for Extension of Time to Respond to First Amended Complaint. Document filed by Richard A. Rappaport, WestPark Capital, Inc.. (Attachments: #1 Text of Proposed Order).(Kamps, Julie) |
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Filing 30
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED by the plaintiff and defendants Aegis Capital Corporation, Robert J. Eide, Joseph T. Rallo, and David W. Boral (the "Aegis Defendants"), by and through their undersigned counsel, that: (i) Aegis Capital Corporation and David W. Baral accept service of the Amended Complaint without waiving any defenses or objections to the lawsuit, the court's jurisdiction, or the venue of the action; and (ii) the deadline for the Aegis Defendants to answer, move or otherwise respond to the Amended Complaint is September 8, 2020. (Aegis Capital Corporation answer due 9/8/2020; David W. Boral answer due 9/8/2020; Joseph T. Rallo answer due 9/8/2020.) (Signed by Judge Louis L. Stanton on 7/14/2020) (rro)
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| Filing 29 PROPOSED STIPULATION AND ORDER. Document filed by Aegis Capital Corporation, David W. Boral, Robert J. Eide, Joseph T. Rallo..(Miner, Aaron) |
| Filing 28 PROPOSED STIPULATION AND ORDER. Document filed by Aegis Capital Corporation, David W. Boral, Robert J. Eide, Joseph T. Rallo..(Miner, Aaron) |
| Filing 27 WAIVER OF SERVICE RETURNED EXECUTED. Joseph T. Rallo waiver sent on 7/10/2020, answer due 9/8/2020. Document filed by Joseph T. Rallo..(Miner, Aaron) |
| Filing 26 WAIVER OF SERVICE RETURNED EXECUTED. Robert J. Eide waiver sent on 7/10/2020, answer due 9/8/2020. Document filed by Robert J. Eide..(Miner, Aaron) |
| Filing 25 NOTICE OF APPEARANCE by Sasha Yishu Zheng on behalf of Aegis Capital Corporation, David W. Boral, Robert J. Eide, Joseph T. Rallo..(Zheng, Sasha) |
| Filing 24 SUMMONS RETURNED EXECUTED Summons and Complaint, Amended Complaint, served. Aegis Capital Corporation served on 6/23/2020, answer due 7/14/2020. Service was accepted by Nancy Dougherty, Authorized Agent at NY Secretary of State. Document filed by FirstFire Global Opportunities Fund, LLC..(Giordano, Philip) |
| Filing 23 NOTICE OF APPEARANCE by Zheng He on behalf of Aegis Capital Corporation, David W. Boral, Robert J. Eide, Joseph T. Rallo..(He, Zheng) |
| Filing 22 SUMMONS RETURNED EXECUTED Summons and Complaint, Amended Complaint, served. David W. Boral served on 6/22/2020, answer due 7/13/2020. Service was accepted by Daniel McKillen, Authorized Person. Service was made by Mail. Document filed by FirstFire Global Opportunities Fund, LLC..(Giordano, Philip) |
| Filing 21 NOTICE OF APPEARANCE by Aaron Frank Miner on behalf of Aegis Capital Corporation, David W. Boral, Robert J. Eide, Joseph T. Rallo..(Miner, Aaron) |
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Filing 20
ORDER GRANTING EXTENSION OF TIME granting #17 Letter Motion for Extension of Time; granting #17 Letter Motion for Extension of Time to Answer re #1 Complaint. IT IS HEREBY ORDERED that Defendants' responsive pleading to Plaintiff's complaint is hereby to be filed on or before July 31, 2020.(Richard A. Rappaport answer due 7/31/2020; WestPark Capital, Inc. answer due 7/31/2020.) (Signed by Judge Louis L. Stanton on 6/30/2020) (rro)
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| Filing 19 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent WestPark Capital Financial Services, LLC for WestPark Capital, Inc.. Document filed by WestPark Capital, Inc...(Kamps, Julie) |
| Filing 18 PROPOSED ORDER. Document filed by Richard A. Rappaport, WestPark Capital, Inc.. Related Document Number: #17 ..(Kamps, Julie) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 17 MOTION for Extension of Time ., MOTION for Extension of Time to File Answer re: #16 Amended Complaint, . Document filed by Richard A. Rappaport, WestPark Capital, Inc.. (Attachments: #1 [PROPOSED] ORDER).(Kamps, Julie) |
| Filing 16 FIRST AMENDED COMPLAINT amending #1 Complaint, against Aegis Capital Corporation, David W. Boral, Joseph T. Rallo, Richard A. Rappaport, WestPark Capital, Inc., Robert J. Eide with JURY DEMAND.Document filed by FirstFire Global Opportunities Fund, LLC. Related document: #1 Complaint,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F).(Giordano, Philip) |
| Filing 15 ELECTRONIC SUMMONS ISSUED as to David W. Boral..(jgo) |
| Filing 14 REQUEST FOR ISSUANCE OF SUMMONS as to David W. Boral, re: #1 Complaint,. Document filed by FirstFire Global Opportunities Fund, LLC..(Giordano, Philip) |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to Joseph T. Rallo..(jgo) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to Aegis Capital Corporation..(jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Philip M. Giordano to RE-FILE Document No. #11 Request for Issuance of Summons,. The filing is deficient for the following reason(s): party name on the PDF 'To' section does not exactly match as it appears on the pleading caption;. 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 11 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to David W. Boral, re: #1 Complaint,. Document filed by FirstFire Global Opportunities Fund, LLC..(Giordano, Philip) Modified on 5/15/2020 (jgo). |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to Joseph T. Rallo, re: #1 Complaint,. Document filed by FirstFire Global Opportunities Fund, LLC..(Giordano, Philip) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Aegis Capital Corporation, re: #1 Complaint,. Document filed by FirstFire Global Opportunities Fund, LLC..(Giordano, Philip) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Philip M. Giordano to RE-FILE Document No. #8 Request for Issuance of Summons, #7 Request for Issuance of Summons,. The filing is deficient for the following reason(s): each summons request must be filed separately OR one summons request may be filed with a 'rider' attached;. 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 8 FILING ERROR - SUMMONS REQUEST FILING ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Joseph T. Rallo, re: #1 Complaint,. Document filed by FirstFire Global Opportunities Fund, LLC. (Attachments: #1 Summons - Defendant Joseph Rallo).(Giordano, Philip) Modified on 5/13/2020 (jgo). |
| Filing 7 FILING ERROR - SUMMONS REQUEST FILING ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Aegis Capital Corporation, re: #1 Complaint,. Document filed by FirstFire Global Opportunities Fund, LLC. (Attachments: #1 Summons - Defendant Aegis Capital Corporation).(Giordano, Philip) Modified on 5/13/2020 (jgo). |
| Filing 6 NOTICE OF APPEARANCE by Julie Elise Kamps on behalf of Richard A. Rappaport, WestPark Capital, Inc...(Kamps, Julie) |
| Filing 5 WAIVER OF SERVICE RETURNED EXECUTED. WestPark Capital, Inc. waiver sent on 4/28/2020, answer due 6/29/2020. Document filed by WestPark Capital, Inc...(Kamps, Julie) |
| Filing 4 WAIVER OF SERVICE RETURNED EXECUTED. Richard A. Rappaport waiver sent on 4/28/2020, answer due 6/29/2020. Document filed by Richard A. Rappaport..(Kamps, Julie) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Louis L. Stanton. 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..(pne) |
| 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. (pne) |
| Case Designated ECF. (pne) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by FirstFire Global Opportunities Fund, LLC..(Giordano, Philip) |
| Filing 2 CIVIL COVER SHEET filed..(Giordano, Philip) |
| Filing 1 COMPLAINT against Aegis Capital Corporation, David W. Boral, Joseph T. Rallo, Richard A. Rappaport, WestPark Capital, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-19621433)Document filed by FirstFire Global Opportunities Fund, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F).(Giordano, Philip) |
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