Capana Swiss Advisors AG et al v. Rymark Inc. et al
| Capana Swiss Advisors AG and AmeriMark Automotive AG |
| Rymark Inc., Nicholas T. Markosian, John Kirkland and Vicky Small |
| 2:2023cv00467 |
| July 18, 2023 |
| US District Court for the District of Utah |
| Cecilia M Romero |
| Robert J Shelby |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Breach of Fiduciary Duty |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 15, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 10 Plaintiff's MOTION to Amend/Correct #1 Complaint,,,,,,,,,,,,,,,, and Memorandum in Support filed by Plaintiffs AmeriMark Automotive AG, Capana Swiss Advisors AG. (Attachments: #1 Exhibit A - Amended Complaint, #2 Exhibit B - Redline Comparison) Motions referred to Cecilia M. Romero.(Christiansen, Erik) |
Filing 9
ORDER granting #8 Motion for Admission Pro Hac Vice of Attorney Sarah E. Diamond for AmeriMark Automotive AG,Sarah E. Diamond for Capana Swiss Advisors AG.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Judge Robert J. Shelby on 08/25/2023. (jl)
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| Filing 8 MOTION for Admission Pro Hac Vice of Sarah E. Diamond , Registration fee $ 50, receipt number AUTDC-4788036,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiffs AmeriMark Automotive AG, Capana Swiss Advisors AG. (Attachments: #1 Exhibit Pro Hac Vice Application, #2 Exhibit Pro Hac Vice Order)(Christiansen, Erik) |
| Filing 7 NOTICE OF NON-CONSENT Consent to the jurisdiction of the Magistrate Judge under DUCivR 72-4 has not been obtained. Case randomly assigned to Judge Robert J. Shelby and Magistrate Judge Cecilia M. Romero is automatically referred under 28 U.S.C636(b)(1)(A). Magistrate Judge Cecilia M. Romero no longer assigned as the presiding judge to the case. (mh) |
| Filing 6 RECEIVED Consent/Reassignment Form from Defendants John Kirkland, Nicholas T. Markosian, Rymark Inc. and Vicky Small. (mh) |
| Filing 5 RECEIVED Consent/Reassignment Form from Plaintiffs AmeriMark Automotive AG and Capana Swiss Advisors AG. (mh) |
| Filing 4 NOTICE - This case is assigned to a magistrate judge. Under 28 U.S.C. 636(c) and Fed. R. Civ. P. 73, you are hereby notified that a magistrate judge for the District of Utah may conduct any or all proceedings in this case, including a jury or bench trial and entry of a final judgment. Exercise of this jurisdiction by the magistrate judge is permitted only if all parties voluntarily sign and return the form. To consent, return the Consent Form to the clerk's office within 21 days via email at consents@utd.uscourts.gov or mail at the address on the form and place Attention: Consent Clerk on the envelope. Please do not e-file the Consent Form in the case. Notice e-mailed or mailed to Plaintiffs AmeriMark Automotive AG, Capana Swiss Advisors AG, Defendants John Kirkland, Nicholas T. Markosian, Rymark Inc., Vicky Small. Form due by 8/15/2023. (alf) |
| Filing 3 WAIVER OF SERVICE Returned Executed filed by Capana Swiss Advisors AG, AmeriMark Automotive AG as to John Kirkland Waiver sent on 7/19/2023, answer due 9/18/2023; Nicholas T. Markosian Waiver sent on 7/19/2023, answer due 9/18/2023; Rymark Inc. Waiver sent on 7/19/2023, answer due 9/18/2023; Vicky Small Waiver sent on 7/19/2023, answer due 9/18/2023. (Christiansen, Erik) |
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Filing 2
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Cecilia M. Romero on 7/19/2023. (mh)
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| Filing 1 COMPLAINT Verified against All Defendants (Filing fee $ 402, receipt number AUTDC-4747736) filed by Capana Swiss Advisors AG, AmeriMark Automotive AG. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 - 160401 Rymark Term Sheet, #3 Exhibit 2 - 160401 Rymark Listing Agreement, #4 Exhibit 3 - 160413 Markosian Passport Copy Notarize_Redacted, #5 Exhibit 4 - 161109 Bank Reference Letter Utility Bill and Passport Copy_Redacted, #6 Exhibit 5 - 160419 Notarized and Apostilled Formation Application, #7 Exhibit 6 - 160506 Markosian Power of Attorney, #8 Exhibit 7 - 160509 Share Exchange Agreement, #9 Exhibit 8 - 160613 Commercial Register Change Application Confirmation, #10 Exhibit 9 - 160615 Amerimark Financial Statements 2013-2015 and Org Chart, #11 Exhibit 10 - 160617 AmeriMark Shareholder List, #12 Exhibit 11 - 160622 AmeriMark Board Minutes_Redacted, #13 Exhibit 12 - 160624 Listing Application to Euronext Paris, #14 Exhibit 13 - 160624 Letter to Euroclear_Redacted, #15 Exhibit 14 - 160901 Amerimark Share Certificate, #16 Exhibit 15 - 161011 Lease Agreement Notarized_Redacted, #17 Exhibit 16 - 161202 AmeriMark Automotive AG Articles of Association, #18 Exhibit 17 - 161219 Invoice from Gysi and Partner_Redacted, #19 Exhibit 18 - 161231 Markosian Proof of Employment IRS Form 944_Redacted, #20 Exhibit 19 - 170131 Amerimark Accountant Report DRAFT 2, #21 Exhibit 20 - 170423 Amerimark Tax Filings, #22 Exhibit 21 - 180501 Amerimark Automotive Financial Statements, #23 Exhibit 22 - 180509 Public Deed of Capital Increase of 4Service Cloud, #24 Exhibit 23 - 230717 Memorandum from Swiss attorney Felix Kappeler, #25 Exhibit 24 - 180510 Amerimark Subscriptions, #26 Exhibit 25 - 180519 Mandate Agreement Amerimark, #27 Exhibit 26 - 180726 Email re Group Recapitalization, #28 Exhibit 27 - 180823 Email re Auditor Fees, #29 Exhibit 28 - 180927 Email re ISIN Fees Markosian, #30 Exhibit 29 - 180904 Our Situation Email, #31 Exhibit 30 - 181003 Markosian Passport Copy and Utility Bill_Redacted, #32 Exhibit 31 - 181003 Email re ISIN Markosian, #33 Exhibit 32 - 181015 Email re Fees Markosian, #34 Exhibit 33 - 181029 Email re ISIN Markosian, #35 Exhibit 34 - 181108 Email re Delays Markosian_Redacted, #36 Exhibit 35 - 190111 Email re Excel Statements Small, #37 Exhibit 36 - 190118 Amerimark Group Share Register_Redacted, #38 Exhibit 37 - 190416 Euronext Letter, #39 Exhibit 38 - 190426 Email re Euronext to Vienna, #40 Exhibit 39 - 190516 Email re Coenen, #41 Exhibit 40 - 190522 Email re Financial Statements Small, #42 Exhibit 41 - 190612 Email re Bankruptcy, #43 Exhibit 42 - 190617 Amerimark Group Valuation Report, #44 Exhibit 43 - 190618 Email re Vienna Diligence Small, #45 Exhibit 44 - 190702 Email re Listing Success, #46 Exhibit 45 - 190709 Email re ICF Fees Markosian, #47 Exhibit 46 - 190916 Email re Financial Statements Markosian, #48 Exhibit 47 - 200115 Email re Swiss Audits Small, #49 Exhibit 48 - 200225 Email re Vienna Presentation_Redacted, #50 Exhibit 49 - 200227 Email re Bank Instructions Small_Redacted, #51 Exhibit 50 - 200311 Email re Market Capitalization Small, #52 Exhibit 51 - 200709 AmeriMark Press Release, #53 Exhibit 52 - 200713 Email Invitation to Annual Meeting Kirkland, #54 Exhibit 53 - 200715 Email re Shareholder Response Kirkland, #55 Exhibit 54 - 200717 Email re Board Structure Kirkland, #56 Exhibit 55 - 200717 Email re Shareholder Meeting Kirkland, #57 Exhibit 56 - 200718 Email re Investor Complaints, #58 Exhibit 57 - 200916 Letter from Paar Brown, #59 Exhibit 58 - 160606 AmeriMark Contribution in Kind Agreement, #60 Exhibit 59 - 160606 Directors and Auditors Contribution Report, #61 Exhibit 60 - 230208 Share Ledger of AmeriMark Automotive, #62 Exhibit 61 - 220829 Letter from AmeriMark Group Director Colshorn (evidencing Capana's 48% shareholding of AmeriMark Group AG), #63 Exhibit 62 - 230306 Sworn affidavit of Nicolai Colshorn with English translation, #64 Exhibit 63 - 230306 Sworn affidavit of Martin Fasser with English translation) (Christiansen, Erik) |
| Magistrate Judge Cecilia M. Romero added. Case number will now read 2:23-cv-00467-CMR. Please make changes to document captions accordingly. (ks) |
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