The Pennsylvania Avenue Funds v. INYX Inc. et al 08-CV-06857-US District Court Civil Docket

38 Pages·2011·2.52 MB·English

ATTORNEY TO BE NOTICED
Mario Alba , Jr
Robbins Geller Rudman & Dowd LLP(LI)
58 South Service Road
Suite 200
Melville, NY 11747
631-367-7100
Fax: [phone]
Email:
TERMINATED: 11 /15 /2 010
LEAD ATTORNEY
Martin Paul Russo
Butzel Long, P.C. (NYC)
380 Madison Avenue
22nd Floor
New York, NY 10017
[phone]
Fax: [phone]
Email:
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Sarah Yeang Khurana
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Martin Edward Karlinsky
(See above for address)
TERMINATED: 01/28/2010
ATTORNEY TO BE NOTICED
Defendant
Steven Handley
Defendant
Rima Goldschmidt� represented by Rima Goldschmidt
103 Overbrook Pl.
Toronto M3H4P5
Ontario
PRO SE
Jonathan Marc Davidoff
(See above for address)
TERMINATED: 11/15/2010
LEAD ATTORNEY
Martin Paul Russo
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Sarah Yeang Khurana
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Martin Edward Karlinsky
(See above for address)
TERMINATED: 01/28/2010
ATTORNEY TO BE NOTICED
Defendant
David Zinn� represented by Jeremy Adam Shure
Ackerman Senterfitt
335 Madison Avenue, Suite 2600
New York, NY 10017
[phone]
Fax: [phone]
Email:
Miscellaneous
Butzel Long, a professional corporation�represented by Butzel Long, a professional corporation
Non -party former counsel to defendants� 380 Madison Ave
22nd Floor
New York, NY 10017
PRO SE
Martin Edward Karlinsky
Butzel Long, P.C. (NYC)
380 Madison Avenue
22nd Floor
New York, NY 10017
[phone]
Fax: [phone]
Email:
Number 658726)Document filed by The Pennsylvania Avenue Funds.(jfe) (mbe).
(Entered: 08/01/2008)
07/31/2008�SUMMONS ISSUED as to INYX Inc., Jack Kachkar, Steven Handley, Rima
Goldschmidt, David Zinn, Berkovits, Lago & Company L.L.P.. (jfe) (Entered:
08/01/2008)
07/31/2008�Magistrate Judge Michael H. Dolinger is so designated. (jfe) (Entered: 08/01/2008)
07/31/2008�Case Designated ECF. (jfe) (Entered: 08/01/2008)
07/31/2008�2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent.
Document filed by The Pennsylvania Avenue Funds. (jfe) (mbe). (Entered:
08/01/2008)
08/04/2008�3 ORDER FOR INITIAL PRETRIAL CONFERENCE: Initial Conference set for
9/26/2008 at 10:15 AM in Courtroom 12C, 500 Pearl Street, New York, NY 10007
before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 8/4/08) (mme)
(Entered: 08/04/2008)
08/19/2008�***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Russell James
Gunyan for noncompliance with Section (14.3) of the S.D.N.Y. Electronic Case Filing
Rules & Instructions. E-MAIL the PDF for Document 2 Rule 7.1 Corporate
Disclosure Statement, 1 Complaint to:
09/26/2008�8 STIPULATION AND ORDER FOR EXTENSION OF TIME; that Defendant David
Zinn's ("Zinn") time to answer, move or otherwise respond to the Complaint in the
above-captioned action is hereby extended for forty-five (45) days after first amended
complaint is filed, which will take place forty-five (45) days after entry of the Court's
order appointing a lead plaintiff. The parties state that no previous extensions of time
have been sought. Additional relief as set forth in this Order. (Signed by Judge P.
Kevin Castel on 9/26/08) (pl) (Entered: 09/26/2008)
10/09/2008�9 STIPULATION AND ORDER FOR EXTENSION OF TIME IT IS HEREBY
STIPULATED AND AGREED by and between the undersigned, that Defendant
Berkovits Lago & Company's (BLC") time to answer, move or otherwise respond to
the Complaint in the above-captioned action is hereby extended for forty-five (45)
days after an amended complaint is filed, which will take place forty-five (45) days
after entry of the Court's order appointing a lead plaintiff. There has been one previous
extension of BLCs time to respond, to October 6, 2008. The Court has previously
entered a stipulated order similar to this one with respect to defendant David Zinn.
(Signed by Judge P. Kevin Castel on 10/8/08) (mme) (Entered: 10/09/2008)
10/20/2008�10 MOTION to Appoint Robert A. Laughlin to serve as lead plaintiff(s). Document filed
by The Brualdi Law Firm, P.C.. (Attachments: # 1 Text of Proposed Order)(Brualdi,
Richard) (Entered: 10/20/2008)
10/20/2008�11 MEMORANDUM OF LAW in Support re: 10 MOTION to Appoint Robert A.
Laughlin to serve as lead plaintiff(s).. Document filed by The Brualdi Law Firm, P.C..
(Brualdi, Richard) (Entered: 10/20/2008)
10/20/2008 12 FILING ERROR - DUPLICATED DOCKET ENTRY - DECLARATION of Richard
B. Brualdi in Support re: 10 MOTION to Appoint Robert A. Laughlin to serve as lead
plaintiff(s).. Document filed by The Brualdi Law Firm, P.C.. (Attachments: # 1 Loss
Chart)(Brualdi, Richard) Modified on 10/20/2008 (kw). (Entered: 10/20/2008)
10/20/2008�13 DECLARATION of Richard B. Brualdi in Support re: 10 MOTION to Appoint
Robert A. Laughlin to serve as lead plaintiff(s).. Document filed by The Brualdi Law
Firm, P.C.. (Attachments: # 1 Exhibit A - Loss Chart, # 2 Exhibit B - Notice, # 3
Exhibit C - Certification, # 4 Exhibit D -Firm Resume)(Brualdi, Richard) (Entered:
10/20/2008)
10/20/2008�14 AFFIDAVIT OF SERVICE of Notice of Motion; Memoradum of Law; Declaration &
Exhibits; Proposed Order; Affidavit of Service served on The Pennsylvania Ave.
Funds; David Zinn; Berkovits, Lago & Company, LLP on 10/20/08. Document filed
by The Brualdi Law Firm, P.C.. (Brualdi, Richard) (Entered: 10/20/2008)
10/20/2008�15 MOTION to Appoint David S. Lenington to serve as lead plaintiff(s). Document filed
by David S. Lenington. (Brower, David) (Entered: 10/20/2008)
10/20/2008�16 MEMORANDUM OF LAW in Support re: 15 MOTION to Appoint David S.
Lenington to serve as lead plaintiff(s).. Document filed by David S. Lenington.
(Brower, David) (Entered: 10/20/2008)
10/20/2008�17 DECLARATION of David A.P. Brower in Support re: 15 MOTION to Appoint David
S. Lenington to serve as lead plaintiff(s).. Document filed by David S. Lenington.
(Brower, David) (Entered: 10/20/2008)
10/20/2008�18 MOTION to Appoint Jason Obeidallah and The Pennsylvania Avenue Fund to serve
as lead plaintiff(s). Document filed by The Pennsylvania Avenue Funds.
(Attachments: # 1 Exhibit A)(Alba, Mario) (Entered: 10/20/2008)
10/20/2008�19 MEMORANDUM OF LAW in Support re: 18 MOTION to Appoint Jason Obeidallah
and The Pennsylvania Avenue Fund to serve as lead plaintiff(s).. Document filed by
The Pennsylvania Avenue Funds. (Alba, Mario) (Entered: 10/20/2008)
10/20/2008�20 DECLARATION of Mario Alba Jr. in Support re: 18 MOTION to Appoint Jason
Obeidallah and The Pennsylvania Avenue Fund to serve as lead plaintiff(s)..
Document filed by The Pennsylvania Avenue Funds. (Attachments: # 1 Exhibit A, # 2
Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Alba, Mario) (Entered: 10/20/2008)
10/28/2008�21 NOTICE of Withdrawal. Document filed by The Brualdi Law Firm, P.C.. (Brualdi,
Richard) (Entered: 10/28/2008)
11/06/2008�22 MEMORANDUM OF LAW in Support re: 15 MOTION to Appoint David S.
Lenington to serve as lead plaintiff(s).. Document filed by David S. Lenington.
(Brower, David) (Entered: 11/06/2008)
11/06/2008�23 DECLARATION of Charles J. Piven in Support re: 15 MOTION to Appoint David S.
Lenington to serve as lead plaintiff(s).. Document filed by David S. Lenington.
(Brower, David) (Entered: 11/06/2008)
11/06/2008�24 NOTICE of Non-Opposition to the Competing Lead Plaintiff Motions. Document
filed by The Pennsylvania Avenue Funds. (Alba, Mario) (Entered: 11/06/2008)
11/10/2008 25 ORDER APPOINTING LEAD PLAINTIFF AND APPROVING PROPOSED LEAD
PLAINTIFF'S CHOICE OF COUNSEL: Having considered the Motions of Robert A.
Laughlin, Jason Obeidallah, The Pennsylvania Avenue Funds and David S. Lenington
to serve as lead plaintiff(s); and approve lead counsel. The Motion of David S.
Lenington is GRANTED. David S. Lenington is hereby appointed Lead Plaintiff for
the Classpursuant to Section 2ID(a)(3)(B) of the Securities Exchange Act of 1934, 15
U.S.C. § 78u-4(a)(3)(B), as amended by Section IOI(b) of the Private Securities
Litigation Reform Act of 1995; and The law firm of Brower Piven, A Professional
Corporation, is hereby appointed as Lead Counsel for Lead Plaintiff and the Class.
ORDER denying 10 Motion to Appoint ; granting 15 Motion to Appoint; denying 18
Motion to Appoint. (Signed by Judge P. Kevin Castel on 11/7/08) (db) (Entered:
11/10/2008)
12/01/2008�26 ENDORSED LETTER addressed to Judge P. Kevin Castel from David A.P. Brower
dated 11/26/2008 re: Counsel for lead plaintiff writes requesting that the 12/4
conference be adjourned to a date following the filing of the amended complaint on
2/16/2009. ENDORSEMENT: Conference adjourned from 12/4 to 2/13 at 10:30 am.
SO ORDERED. ( Status Conference set for 2/13/2009 at 10:30 AM before Judge P.
Kevin Castel.) (Signed by Judge P. Kevin Castel on 12/1/2008) (tve) (Entered:
12/01/2008)
12/01/2008�27 STIPULATION AND ORDER FOR EXTENSION OF TIME; that, subject to Court
approval, Lead Plaintiff be granted until February 16, 2009 to file an Amended
Complaint; that Defendants be granted until April 16, 2009 to answer, move or
otherwise respond to the Amended Complaint; that Lead Plaintiff be granted until
June 16, 2009 to respond to any motion to dismiss filed by defendants; and that
defendants be granted until July 31,2009 to file any replies thereto. SO ORDERED.
(Signed by Judge P. Kevin Castel on 12/1/2008) (tve) (Entered: 12/01/2008)
12/04/2008 28 STIPULATION AND PROPOSED ORDER FOR EXTENSION OF TIME: Request
that subject to the Court's approval, Lead Plaintiff be granted until February 16, 2009
to answer, move or otherwise respond to the Amended Complaint; that Lead Plaintiff
be granted until June 16, 2009 to respond to any motion to dismiss filed by
defendants; and that defendants be granted until July 31, 2009 to file any replies
thereto. So Ordered (Signed by Judge P. Kevin Castel on 12/1/08) (js) (Entered:
12/04/2008)
02/11/2009�29 STIPULATION AND ORDER FOR EXTENSION: It is hereby stipulated by and
between the parties that subject to Court approval, Lead Plaintiff be granted an
additional 21 days, or until March 10, 2009, to file an Amended Complaint; that
Defendants be granted until May 11, 2009 to answer, move or otherwise respond to
the Amended Complaint; that Lead Plaintiff be granted until July 10, 2009 to respond
to any motion to dismiss filed by defendants; and that defendants be granted until
August 24, 2009 to file any replies thereto. (Signed by Judge P. Kevin Castel on
2/10/2009) (jpo) (Entered: 02/13/2009)
02/11/2009�31 ENDORSED LETTER addressed to Judge P. Kevin Castel from David A.P. Brower
dated 2/10/2009 re: Counsel writes with the consent of all parties to respectfully
request that the Court adjourn the currently scheduled February 13, 2009 status
conference before Your Honor. ENDORSEMENT: While I have no objection to
rescheduling the conference to a more convenient date, there are matters I intend to
address with the parties at the initial conference. So there are no surprises, the parties
should discuss with their clients whether they would consent to the retention of a
private mediator selected by the parties. I am well aware that the parties may view it
as premature to meet with the mediator. The question to ponder now is not when to
meet with a mediator but rather whether they agree to retain a mediator. Also I want to
explore whether defendants have set out in writing the basis for their motion and
whether plaintiff has any desire to amend to cure any asserted deficiencies.
Application denied. (Signed by Judge P. Kevin Castel on 2/11/2009) (jfe) (Entered:
02/17/2009)
02/13/2009�30 ORDER FOLLOWING PRETRIAL CONFERENCE: The plaintiffs shall file Amend
the complaint by March 10, Defendants shall layout the grounds for any proposed
motion - IN DETAIL - by March 23. Plaintiff shall advise (and confer with
defendants) as to whether it wishes to amend in an effort to cure any pleading
deficiencies, by March 31. This process will be taken into account in deciding whether
to grant leave to replead should that issue later arise. (Signed by Judge P. Kevin Castel
on 2/13/2009) (jpo) (Entered: 02/13/2009)
02/13/2009�Set Deadlines/Hearings: Amended Pleadings due by 3/10/2009. Status Report due by
3/31/2009. (jpo) (Entered: 02/13/2009)
02/13/2009 Minute Entry for proceedings held before Judge P. Kevin Castel: Initial Pretrial
Conference held on 2/13/2009. Dates scheduled, see Order dated 2/13/09. (tro)
(Entered: 02/18/2009)
03/10/2009 32 CONSOLIDATED CLASS ACTION AMENDED COMPLAINT amending 1
Complaint against Jay M. Green, Berkovits & Company, LLP, INYX Inc., Jack