Roth v. Armistice Capital, LLC et al
| Andrew E. Roth |
| Armistice Capital Master Fund Ltd., Stephen J. Boyd and Armistice Capital, LLC |
| Vaxart, Inc. |
| 1:2020cv08872 |
| October 23, 2020 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Securities/Commodities |
| Plaintiff |
Docket Report
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Filing 24
NOTICE OF APPEARANCE by Riccardo Debari on behalf of Vaxart, Inc...(Debari, Riccardo)
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Filing 23
NOTICE OF APPEARANCE by Mendy Menachem Piekarski on behalf of Vaxart, Inc...(Piekarski, Mendy)
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Filing 22
ORDER granting in part and denying in part #20 Letter Motion to Adjourn Conference. The Court has reviewed Defendants' letter dated December 17, 2020, and Plaintiff's response. ECF Nos. 20-21. Defendants' request is GRANTED in part and DENIED in part. The conference scheduled for January 5, 2021, is ADJOURNED to January 13, 2021, at 11:40 a.m. By January 6, 2021, the parties shall submit their joint letter and case management plan. In so adjourning, the Court is not at this time ruling on the applicability of the stay provision of the Private Securities Litigation Reform Act ("PSLRA"), 15 U.S.C. 78u-4(b)(3)(B), to this action. The Clerk of Court is directed to terminate the motion at ECF No. 20. SO ORDERED. Initial Conference set for 1/13/2021 at 11:40 AM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 12/18/2020) (kv)
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Filing 21
LETTER RESPONSE in Opposition to Motion addressed to Judge Analisa Torres from Glenn F. Ostrager dated 12/18/20 re: #20 LETTER MOTION to Adjourn Conference Initial Pretrial Conference and Pre-Conference Submissions addressed to Judge Analisa Torres from Douglas A. Rappaport dated December 17, 2020. . Document filed by Andrew E. Roth..(Ostrager, Glenn)
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Filing 20
LETTER MOTION to Adjourn Conference Initial Pretrial Conference and Pre-Conference Submissions addressed to Judge Analisa Torres from Douglas A. Rappaport dated December 17, 2020. Document filed by Armistice Capital Master Fund Ltd., Armistice Capital, LLC, Stephen J. Boyd..(Rappaport, Douglas)
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Filing 19
NOTICE OF APPEARANCE by Kaitlin Dabbert Shapiro on behalf of Armistice Capital Master Fund Ltd., Armistice Capital, LLC, Stephen J. Boyd..(Shapiro, Kaitlin)
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Filing 18
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Armistice Capital Master Fund Ltd., Armistice Capital, LLC..(Rappaport, Douglas)
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Filing 17
NOTICE OF APPEARANCE by Douglas Adam Rappaport on behalf of Armistice Capital Master Fund Ltd., Armistice Capital, LLC, Stephen J. Boyd..(Rappaport, Douglas)
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Filing 16
SUMMONS RETURNED EXECUTED. Vaxart, Inc. served on 10/26/2020, answer due 1/12/2021. Service was accepted by Mendy Piekarski, counsel for nominal defendant, Vaxart, Inc.. Document filed by Andrew E. Roth..(Gomez, Roberto)
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Filing 15
SUMMONS RETURNED EXECUTED. Stephen J. Boyd served on 10/26/2020, answer due 1/12/2021. Service was accepted by Douglas A. Rappaport, counsel for defendant Stephan J. Boyd. Document filed by Andrew E. Roth..(Gomez, Roberto)
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Filing 14
SUMMONS RETURNED EXECUTED. Armistice Capital Master Fund Ltd. served on 10/26/2020, answer due 1/12/2021. Service was accepted by Douglas A. Rappaport, counsel for defendant Armistice Capital Master Fund Ltd.. Document filed by Andrew E. Roth..(Gomez, Roberto)
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Filing 13
SUMMONS RETURNED EXECUTED. Armistice Capital, LLC served on 10/26/2020, answer due 1/12/2021. Service was accepted by Douglas A. Rappaport, counsel for defendant Armistice Capital, LLC. Document filed by Andrew E. Roth..(Gomez, Roberto)
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Filing 12
STIPULATION AND ORDER: THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel, that the Armistice Defendants and Vaxart shall not be required to file any response to the Complaint until January 12, 2021. SO ORDERED. Armistice Capital Master Fund Ltd. answer due 1/12/2021; Armistice Capital, LLC answer due 1/12/2021; Stephen J. Boyd answer due 1/12/2021; Vaxart, Inc. answer due 1/12/2021. (Signed by Judge Analisa Torres on 11/9/2020) (jca)
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Filing 11
PROPOSED STIPULATION AND ORDER. Document filed by Andrew E. Roth..(Gomez, Roberto)
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Filing 10
NOTICE OF APPEARANCE by Paul D. Wexler on behalf of Andrew E. Roth..(Wexler, Paul)
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Filing 9
NOTICE OF APPEARANCE by Joshua Seth Broitman on behalf of Andrew E. Roth..(Broitman, Joshua)
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Filing 8
NOTICE OF APPEARANCE by Roberto Legaspi Gomez on behalf of Andrew E. Roth..(Gomez, Roberto)
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Filing 7
INITIAL PRETRIAL CONFERENCE ORDER: Counsel for all parties are directed to appear for an initial pretrial conference, in accordance with Rule 16 of the Federal Rules of Civil Procedure, at 10:40 a.m. on January 5, 2021, to be held telephonically. The parties are directed to dial 888-398-2342 or 215-861-0674, and enter access code 5598827. Principal trial counsel must appear at this and all subsequent conferences. Initial Conference set for 1/5/2021 at 10:40 AM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 10/29/2020) (kv)
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Filing 6
ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 10/29/2020) (kv)
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Filing 5
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. (as further set forth herein). SO ORDERED. (Signed by Judge Analisa Torres on 10/29/2020) (kv)
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Filing 4
ELECTRONIC SUMMONS ISSUED as to Armistice Capital Master Fund Ltd., Armistice Capital, LLC, Stephen J. Boyd, Vaxart, Inc...(jgo)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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)
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Magistrate Judge Katharine H. Parker 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)
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Case Designated ECF. (jgo)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Armistice Capital, LLC, Armistice Capital Master Fund Ltd., Stephen J. Boyd, and Vaxart, Inc., re: #1 Complaint,. Document filed by Andrew E. Roth..(Ostrager, Glenn)
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Filing 2
CIVIL COVER SHEET filed..(Ostrager, Glenn)
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Filing 1
COMPLAINT against Armistice Capital Master Fund Ltd., Armistice Capital, LLC, Stephen J. Boyd, Vaxart, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-22284010)Document filed by Andrew E. Roth. (Attachments: #1 Exhibit Organizational Chart).(Ostrager, Glenn)
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