Emry Capital Group, Inc. v. DKG Capital Inc. et al
| Emry Capital Group, Inc. |
| DKG Capital Inc., David Lasar and Activist Investing, LLC |
| 1:2020cv04512 |
| June 12, 2020 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Colleen McMahon |
| Contract Product Liability |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on July 21, 2020. A more recent docket listing may be available from PACER.
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| Filing 26 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) All Defendants. Document filed by Emry Capital Group, Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Shell, Martin) |
| Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Settlement Conference held on 7/15/2020. (Snell, Kevin) |
Filing 25
ORDER: For the reasons stated during today's telephonic settlement conference, the parties shall submit a confidential joint letter to chambers by email, addressed to Moses_NYSDChambers@nysd.uscourts.gov, no later than July 17, 2020, advising the Court as to whether the parties have reached agreement on all material points of a settlement. (Signed by Magistrate Judge Barbara C. Moses on 7/15/2020) (cf)
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| Filing 24 LETTER addressed to Magistrate Judge Barbara C. Moses from Martin Shell dated July 14, 2020 re: Settlement Conference. Document filed by Emry Capital Group, Inc...(Shell, Martin) |
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Filing 23
ORDER. The Court has received and reviewed the parties' confidential settlement letters. It appears that the parties have not yet complied with paragraph 2 of the Court's July 10, 2020 Order Scheduling Settlement Conference (Dkt. No. 22), which required them before their confidential settlement letters were due to conduct at least one good-faith settlement discussion in real time and to convey at least one good-faith settlement demand or offer to one another. No later than 5:00 p.m. (EST) today, July 14, 2020, the parties shall file a joint letter on the public docket confirming they have complied with paragraph 2 by conducting the required good-faith settlement discussion and exchanging the required offers. So ordered. (Signed by Magistrate Judge Barbara C. Moses on 7/14/2020) (rjm)
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Filing 22
ORDER SCHEDULING SETTLEMENT CONFERENCE granting #21 Motion for Settlement. A settlement conference is scheduled before Magistrate Judge Barbara Moses on July 15, 2020, at 10:00 a.m. For the duration of the COVID-19 public health emergency, and unless otherwise ordered by the Court, all attendees must participate in the settlement conference telephonically, using the Court's teleconferencing facilities. The parties are directed to call (888) 557-8511 on their scheduled date, a few minutes before their scheduled time, and enter (a) the access code 7746387 and (b)the security code that the Court will provide to you, by email, on receipt of all parties' confidential settlement letters. The parties are advised that the Court's teleconferencing facilities permit both group conferences and private caucuses with each party or group of parties (and relevant counsel). (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 7/10/2020) (cf)
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| Set/Reset Hearings: Settlement Conference set for 7/15/2020 at 10:00 AM before Magistrate Judge Barbara C. Moses. (cf) |
| Filing 21 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Settlement Conference. Document filed by Emry Capital Group, Inc...(Shell, Martin) Modified on 7/27/2020 (lb). |
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Filing 20
ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Barbara C. Moses. The parties are directed to jointly contact the Magistrate Judge's Chambers to schedule a prompt settlement conference on a mutually agreeable date. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 6/29/2020) (kv)
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Filing 19
ORDER: For the reasons set forth on the record of today's conference, the Court denies plaintiff Emry Capital Group's ("Emry") motion for a preliminary injunction, Dkt. 3, and lifts the temporary restraining order against defendant DKG Capital Inc., Dkt. 7. Emry's amended complaint is due July 20, 2020. SO ORDERED. Amended Pleadings due by 7/20/2020. (Signed by Judge Paul A. Engelmayer on 6/29/2020) (kv)
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| Minute Entry for proceedings held before Judge Paul A. Engelmayer: Telephone Conference held on 6/29/2020. Court reporter present. (ajs) |
| Filing 18 DECLARATION of Martin Shell in Support re: #3 Proposed Order to Show Cause With Emergency Relief,. Document filed by Emry Capital Group, Inc.. (Attachments: #1 Exhibit A).(Shell, Martin) |
| Filing 17 REPLY MEMORANDUM OF LAW in Support re: #3 Proposed Order to Show Cause With Emergency Relief, . Document filed by Emry Capital Group, Inc...(Shell, Martin) |
| Filing 16 MEMORANDUM OF LAW in Opposition re: #3 Proposed Order to Show Cause With Emergency Relief, #7 Order to Show Cause,,,,,,,,,, Set Deadlines,,,,,,,,,, Set Hearings,,,,,,,,, . Document filed by Activist Investing, LLC, DKG Capital Inc., David Lasar..(Lonergan, Lawrence) |
| Filing 15 DECLARATION of Tesheb Casimir in Opposition re: #3 Proposed Order to Show Cause With Emergency Relief, #7 Order to Show Cause,,,,,,,,,, Set Deadlines,,,,,,,,,, Set Hearings,,,,,,,,,. Document filed by Activist Investing, LLC, DKG Capital Inc., David Lasar. (Attachments: #1 Exhibit Defendants' Exhibit 1).(Lonergan, Lawrence) |
| Filing 14 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Activist Investing, LLC, DKG Capital Inc., David Lasar..(Lonergan, Lawrence) |
| Filing 13 NOTICE OF APPEARANCE by Lawrence Richard Lonergan on behalf of Activist Investing, LLC, DKG Capital Inc., David Lasar..(Lonergan, Lawrence) |
| Filing 12 ACKNOWLEDGMENT OF SERVICE of complaint and OSC served on DKG Capital Inc., Activist Investing LLC and David Lasar on June 15, 2020. Service was accepted by Lawrence R. Lonergan Attorney. Document filed by Emry Capital Group, Inc...(Shell, Martin) |
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Filing 11
ORDER: Accordingly, the Court orders plaintiff to file an affidavit of service - specifying the date, time, and method of service of the OTSC - by today, June 25, 2020, at 12 p.m. The Court further orders defendants to appear and file their opposition papers, if any, by 5 p.m., today. SO ORDERED. (Show Cause Response due by 6/25/2020.) (Signed by Judge Paul A. Engelmayer on 6/25/2020) (mml)
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| Filing 10 UNDERTAKING ON TEMPORARY RESTRAINING ORDER BOND, #3477124 in the amount of $35,000 posted by Plaintiff.(km) |
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Filing 9
ORDER granting #8 Letter Motion for Extension of Time: Granted. (Signed by Judge Paul A. Engelmayer on 6/17/2020) (jwh)
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| Filing 8 LETTER MOTION for Extension of Time addressed to Judge Paul A. Engelmayer from Martin Shell dated June 16, 2020. Document filed by Emry Capital Group, Inc...(Shell, Martin) |
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Filing 7
ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER filed by Emry Capital Group, Inc. ORDERED that the above-named defendant, DKG Capital Inc. show cause before the Hon. Paul A. Engelmayer, via teleconference, on June 29, 2020 at 10:30 a.m., why an order should not be entered pursuant to Rule 65 of the Federal Rules of Civil Procedure enjoining defendant DKG Capital Inc. ("DKG") during the pendency of this action from transferring or issuing any common or preferred shares of stock, the Control Block or otherwise to the defendant Activist Investing LLC, ("Activist") or any other third party until further order of the Court; and it is further ORDERED that sufficient reason having been shown therefor, pending the hearing of Plaintiff's application for a preliminary injunction, pursuant to Rule 65(b), Fed. R. Civ. P., DKG is temporarily restrained and enjoined from transferring or issuing any common or preferred shares of stock to anyone until further order of the Court; and it is further Ordered that security in the amount of $35,000.00 be posted by the plaintiff prior to June 16, 2020, at 5 p.m.; and it is further ORDERED that plaintiff serve a copy of this Order, and all supporting declarations, affidavits, and exhibits thereto, on defendants' counsel on or before June 16, 2020 by electronic mail; and it is further ORDERED that defendants' answering briefs, affidavits, and/or certifications, if any, in opposition to plaintiff's application for a preliminary injunction shall be served by electronic mail upon plaintiff's counsel, on or before June 23, 2020; and it is further ORDERED that plaintiff's reply briefs, affidavits, and/or certifications, if any, shall be served upon defendants' counsel on or before June 26, 2020 by electronic mail; and it is further ORDERED that the answering and reply briefs referenced above shall be filed with the Court by ECF as soon as possible following the service instructed above. (Telephone Order to Show Cause set for 6/29/2020 at 10:30 AM before Judge Paul A. Engelmayer. Show Cause Response due by 6/23/2020. Replies due by 6/26/2020.) (Signed by Judge Paul A. Engelmayer on 6/15/2020) (jwh)
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| NOTICE OF CASE REASSIGNMENT to Judge Paul A. Engelmayer. Judge Colleen McMahon is no longer assigned to the case. (laq) |
| Filing 6 COMPLAINT against Activist Investing, LLC, DKG Capital Inc., David Lasar. Document filed by Emry Capital Group, Inc...(Shell, Martin) |
| Filing 5 CIVIL COVER SHEET filed..(Shell, Martin) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Emry Capital Group, Inc...(Shell, Martin) |
| Filing 3 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Emry Capital Group, Inc.. (Attachments: #1 Affidavit, #2 Exhibit A, #3 Exhibit B, #4 Exhibit brief).(Shell, Martin) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Shell, Martin) Modified on 6/12/2020 (jgo). |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - COMPLAINT against Activist Investing, LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-20233174)Document filed by Emry Capital Group, Inc...(Shell, Martin) Modified on 6/12/2020 (jgo). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Martin Alan Shell to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reason(s): all of the parties whom the pleading is against were not selected. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Martin Alan Shell to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Citizenship Defendant code - multiple selections;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
| Case Designated ECF. (jgo) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #3 Proposed Order to Show Cause With Emergency Relief, was reviewed and approved as to form. (ad) |
| Magistrate Judge Barbara C. Moses 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. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Colleen McMahon. 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..(jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Martin Alan Shell. The party information for the following party/parties has been modified: Emry Capital Group, Inc.; DKG Capital Inc.; Activist Investing, LLC; David Lasar. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Martin Alan Shell. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:294; Nature of Suit code 150 (Contract: Recovery/Enforcement); County code New York;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332; the Nature of Suit code has been modified to 195 (Contract Product Liability); the County code has been modified to XX Out of State;. (jgo) |
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