Calenture, LLC et al v. B. Riley Financial, Inc. et al
| Calenture, LLC and Deborah Donoghue |
| B. Riley Financial, Inc. and Bryant R. Riley |
| Franchise Group, Inc. |
| 1:2021cv06087 |
| July 15, 2021 |
| US District Court for the Southern District of New York |
| Mary Kay Vyskocil |
| Securities/Commodities |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 25, 2021. A more recent docket listing may be available from PACER.
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Filing 19
ORDER granting #18 Letter Motion for Extension of Time to Answer re #18 JOINT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint,,,, addressed to Judge Mary Kay Vyskocil from Joshua A. Mayes dated October 22, 2021., #1 Complaint. GRANTED. Defendants B. Riley Financial, Inc. and Bryant R. Riley shall file a response to the Complaint in this action on or before November 22, 2021. SO ORDERED. B. Riley Financial, Inc. answer due 11/22/2021; Bryant R. Riley answer due 11/22/2021. (Signed by Judge Mary Kay Vyskocil on 10/25/2021) (tg)
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| Filing 18 JOINT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint,,,, addressed to Judge Mary Kay Vyskocil from Joshua A. Mayes dated October 22, 2021. Document filed by B. Riley Financial, Inc., Bryant R. Riley..(Mayes, Joshua) |
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Filing 17
ORDER granting #14 Motion for Joshua Andreas Mayes to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz)
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Filing 16
ORDER granting #15 LETTER MOTION for Extension of Time to Respond to the Complaint. GRANTED. Defendants B. Riley Financial, Inc. and Bryant R. Riley shall file a response to the Complaint in this action on or before October 22, 2021. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 10/6/2021) (jca)
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| Filing 15 LETTER MOTION for Extension of Time to Respond to the Complaint addressed to Judge Mary Kay Vyskocil from Jeffrey B. Korn dated October 6, 2021. Document filed by B. Riley Financial, Inc., Bryant R. Riley..(Korn, Jeffrey) |
| Set/Reset Deadlines: B. Riley Financial, Inc. answer due 10/22/2021; Bryant R. Riley answer due 10/22/2021. (jca) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #14 MOTION for Joshua Andreas Mayes to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25152787. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea) |
| Filing 14 MOTION for Joshua Andreas Mayes to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25152787. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by B. Riley Financial, Inc., Bryant R. Riley. (Attachments: #1 Affidavit Affidavit of Joshua A. Mayes, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order).(Mayes, Joshua) |
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Filing 13
STIPULATION AND ORDER: IT IS HEREBY STIPULATED by and among the parties to this action, through their undersigned counsel, subject to the approval of the Court, that: 1. Franchise Group, Inc. shall not be required to file an answer or otherwise respond to the Complaint in this Action unless ordered by the Court to do so; and 2. Franchise Group, Inc. shall otherwise have all rights of a party to this action and shall not be prejudiced in any way for entering into this stipulation. (Signed by Judge Mary Kay Vyskocil on 10/1/2021) (tg)
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| Filing 12 WAIVER OF SERVICE RETURNED EXECUTED. B. Riley Financial, Inc. waiver sent on 8/9/2021, answer due 10/8/2021; Bryant R. Riley waiver sent on 8/9/2021, answer due 10/8/2021. Document filed by Calenture, LLC; Deborah Donoghue..(Hunter, James) |
| Filing 11 PROPOSED STIPULATION AND ORDER. Document filed by Franchise Group, Inc...(Cassirer, Aurora) |
| Filing 10 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Franchise Group, Inc...(Cassirer, Aurora) |
| Filing 9 NOTICE OF APPEARANCE by Aurora Cassirer on behalf of Franchise Group, Inc...(Cassirer, Aurora) |
| Filing 8 NOTICE OF APPEARANCE by Daniel E. Gorman on behalf of Franchise Group, Inc...(Gorman, Daniel) |
| Filing 7 WAIVER OF SERVICE RETURNED EXECUTED. Franchise Group, Inc. waiver sent on 8/9/2021, answer due 10/8/2021. Document filed by Calenture, LLC; Deborah Donoghue..(Hunter, James) |
| Filing 6 NOTICE OF APPEARANCE by David Lopez on behalf of Calenture, LLC, Deborah Donoghue..(Lopez, David) |
| Filing 5 NOTICE OF APPEARANCE by Miriam Deborah Tauber on behalf of Calenture, LLC, Deborah Donoghue..(Tauber, Miriam) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to B. Riley Financial, Inc., Franchise Group, Inc., Bryant R. Riley. (vf) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney James Austen Hunter. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1331sv Fed. Question: Securities Violation. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 15:78m(a) Securities Exchange Act. (vf) |
| Magistrate Judge Sarah L. Cave 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. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. 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..(vf) |
| Case Designated ECF. (vf) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to B. RILEY FINANCIAL, INC., BRYANT R. RILEY, and FRANCHISE GROUP, INC., re: #1 Complaint,,,,. Document filed by Calenture, LLC, Deborah Donoghue..(Hunter, James) |
| Filing 2 CIVIL COVER SHEET filed..(Hunter, James) |
| Filing 1 COMPLAINT against B. Riley Financial, Inc., Franchise Group, Inc., Bryant R. Riley. (Filing Fee $ 402.00, Receipt Number ANYSDC-24799740)Document filed by Calenture, LLC, Deborah Donoghue. (Attachments: #1 Exhibit A -- Form 13F-HR for 2020 Q1 filed May 14, 2020, #2 Exhibit B -- Form 4 filed April 9, 2020, #3 Exhibit C -- Form 4 filed April 28, 2020, #4 Exhibit D -- Form 4 filed June 30, 2020, #5 Exhibit E -- Form 4 filed September 4, 2020, #6 Exhibit F -- Form 4 Amendment filed October 20, 2020, #7 Exhibit G -- Form 4 filed January 27, 2021, #8 Exhibit H -- Schedule 13D Amendment No. 4 filed April 23, 2020, #9 Exhibit I -- Schedule 13D Amendment No. 5 filed July 2, 2020, #10 Exhibit J -- Share Purchase Agreement dated July 30, 2020, #11 Exhibit K -- Share Purchase Agreement dated September 2, 2020, #12 Exhibit L -- Excerpts from June 2020 Prospectus and Prospectus Supplement, #13 Exhibit M -- Underwriting Agreement dated June 25, 2020, #14 Exhibit N -- Underwriting Agreement Amendment No. 1 dated July 25, 2020).(Hunter, James) |
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