McCambell v. Missling et al
| New York Southern District Court | |
| Judge: | Jesse M Furman |
| Case #: | 1:16-cv-02035 |
| Nature of Suit | 160 Contract - Stockholders’ Suits |
| Cause | 28:1332fd Diversity-Breach of Fiduciary Duty |
| Case Filed: | Mar 18, 2016 |
| Last checked: Thursday Sep 15, 2016 5:59 AM EDT |
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Defendant
Elliot Favrus
51 West 52nd Street 7th Floor
New York, NY 10019 |
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Defendant
Bernd Metzner
51 West 52nd Street 7th Floor
New York, NY 10019 |
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Defendant
Christopher U. Missling
51 West 52nd Street 7th Floor
New York, NY 10019 |
Represented By
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Defendant
Atahnasios Skarpelos
51 West 52nd Street 7th Floor
New York, NY 10019 |
Represented By
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Defendant
Stephen Thomas
51 West 52nd Street 7th Floor
New York, NY 10019 |
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Nominal Defendant
Anavex Life Sciences Corp
51 West 52nd Street 7th Floor
New York, NY 10019 |
Represented By
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Plaintiff
Mary McCambell
Derivatively on Behalf of Anavex Life Sciences Corp. c/o Gainey McKenna & Egleston 440 Park Avenue South 5th Floor
New York, NY 10016 |
Represented By
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| Docket last updated: 04/24/2024 11:59 PM EDT |
| Friday, September 08, 2017 | ||
| 29 | 29
notice
Notice of Voluntary Dismissal
Fri 09/08 4:05 PM
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 against the defendant(s) Anavex Life Sciences Corp, Elliot Favrus, Bernd Metzner, Christopher U. Missling, Atahnasios Skarpelos, Stephen Thomas. Document filed by Mary McCambell. (McKenna, Thomas) |
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| Friday, September 01, 2017 | ||
| 28 | 28
1
pgs
order
Order
Fri 09/01 1:05 PM
ORDER: The parties are directed to meet and confer and to submit a joint letter, no later than September 8, 2017, informing the Court whether this case should be closed or, if not, how the parties propose to proceed. (As further set forth herein.) (Signed by Judge Jesse M. Furman on 9/1/2017) (kgo) |
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| Monday, June 20, 2016 | ||
| 27 | 27
misc
Letter
Mon 06/20 4:15 PM
LETTER addressed to Judge Jesse M. Furman from Gainey McKenna & Egleston, Attorneys for Plaintiff dated 06/20/2016 re: Potential Stay of Discovery. Document filed by Mary McCambell.(McKenna, Thomas) |
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| Thursday, May 12, 2016 | ||
| 26 | 26
order
Stipulation and Order ~Util - Case Stayed
Thu 05/12 11:38 AM
STIPULATION AND ORDER REGARDING TEMPORARY STAY OF ACTION AND RELATED MATTERS: IT IS HEREBY STIPULATED AND AGREED by Plaintiff and Defendants, through their undersigned counsel of record and subject to approval of the Court, as follows: 1. All proceedings in the Derivative Action except for service of process on those Defendants who have not accepted service or been served and except for any motions made for the purpose of effecting service of process on those Defendants who have not accepted service or been served shall be stayed until any of the following triggering events (the "Triggering Events"): (i) the entry of any order(s) denying any portion of any motions to dismiss in the Securities Action, or a final order dismissing the Securities Action with prejudice; (ii) a joint request by Plaintiff and Defendants to lift the stay of proceedings; (iii) a request by Plaintiff to lift the stay in the event a related derivative action is filed with a court and not stayed after 30 days of its filing; and (iv) an order of the Court in the Derivative Action to terminate the stay; provided, however, that neither the filing of an amended complaint in this action nor the production of materials pursuant to paragraph 5 herein shall constitute a Triggering Event or shall otherwise affect the pendency of the stay. (As further set forth in this Order.) Case stayed. (Signed by Judge Jesse M. Furman on 5/12/2016) (kko) |
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| Wednesday, April 13, 2016 | ||
| 25 | 25
order
Order on Motion to Appear Pro Hac Vice
Wed 04/13 10:10 AM
ORDER granting22 Motion for David H. Kistenbroker to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) |
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| 24 | 24
order
Order on Motion to Appear Pro Hac Vice
Wed 04/13 10:09 AM
ORDER granting23 Motion for Melanie C. MacKay to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) |
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| Tuesday, April 12, 2016 | ||
| 23 | 23
motion
Appear Pro Hac Vice
Tue 04/12 4:05 PM
MOTION for Melanie C. MacKay to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12177418. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Anavex Life Sciences Corp, Christopher U. Missling, Atahnasios Skarpelos.(MacKay, Melanie) |
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Att: 1
Exhibit A - Certificate of Good Service,
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Att: 2
Text of Proposed Order
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| 22 | 22
motion
Appear Pro Hac Vice
Tue 04/12 1:45 PM
AMENDED MOTION for David H. Kistenbroker to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Anavex Life Sciences Corp, Christopher U. Missling, Atahnasios Skarpelos.(Kistenbroker, David) |
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Att: 1
Exhibit A - Certificates of Good Service,
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Att: 2
Text of Proposed Order
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misc
Notice Regarding Pro Hac Vice Motion
Tue 04/12 1:47 PM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 22 AMENDED MOTION for David H. Kistenbroker to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
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misc
Notice Regarding Pro Hac Vice Motion
Tue 04/12 4:20 PM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 23 MOTION for Melanie C. MacKay to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12177418. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
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| Thursday, April 07, 2016 | ||
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misc
Notice Regarding Deficient Motion to Appear Pro Hac Vice
Thu 04/07 7:44 AM
>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 21 MOTION for David H. Kistenbroker to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12156114. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Proposed Order;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (sdi) |
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| Wednesday, April 06, 2016 | ||
| 21 | 21
motion
Appear Pro Hac Vice
Wed 04/06 5:20 PM
MOTION for David H. Kistenbroker to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12156114. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Anavex Life Sciences Corp, Christopher U. Missling, Atahnasios Skarpelos.(Kistenbroker, David) |
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Att: 1
Exhibit A
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| Tuesday, March 29, 2016 | ||
| 20 | 20
order
Memo Endorsement
Tue 03/29 5:52 PM
MEMO ENDORSEMENT on re: (19 in 1:16-cv-02035-JMF) Letter filed by Christopher U. Missling, Anavex Life Sciences Corp, Atahnasios Skarpelos. ENDORSEMENT: Upon review of all parties' letters, the Court is inclined to consolidate the two actions for discovery purposes only, but defers whether to do even that pending a decision on whether to stay discovery in the derivative action in the event that discovery is automatically stayed under the PSLRA in the securities fraud action. Plaintiff's counsel in the derivative action shall advise the Court no later than one week after any motion to dismiss is filed in the securities fraud action if counsel opposes such a stay. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/29/2016) (cf) |
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| Monday, March 28, 2016 | ||
| 19 | 19
misc
Letter
Mon 03/28 4:26 PM
LETTER addressed to Judge Jesse M. Furman from David Kistenbroker dated March 28, 2016 re: Court Order. Document filed by Anavex Life Sciences Corp, Christopher U. Missling, Atahnasios Skarpelos.(Volz, Carl) |
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| 18 | 18
service
Summons Issued
Mon 03/28 4:16 PM
ELECTRONIC SUMMONS ISSUED as to Anavex Life Sciences Corp. (pc) |
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| 17 | 17
service
Summons Issued
Mon 03/28 4:16 PM
ELECTRONIC SUMMONS ISSUED as to Christopher U. Missling. (pc) |
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| 16 | 16
service
Summons Issued
Mon 03/28 4:15 PM
ELECTRONIC SUMMONS ISSUED as to Bernd Metzner. (pc) |
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| 15 | 15
service
Summons Issued
Mon 03/28 4:15 PM
ELECTRONIC SUMMONS ISSUED as to Atahnasios Skarpelos. (pc) |
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| 14 | 14
service
Summons Issued
Mon 03/28 4:14 PM
ELECTRONIC SUMMONS ISSUED as to Elliot Favrus. (pc) |
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| 13 | 13
service
Summons Issued
Mon 03/28 4:14 PM
ELECTRONIC SUMMONS ISSUED as to Stephen Thomas. (pc) |
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| 12 | 12
notice
Notice of Appearance
Mon 03/28 2:21 PM
NOTICE OF APPEARANCE by Carl E. Volz on behalf of Anavex Life Sciences Corp, Christopher U. Missling, Atahnasios Skarpelos. (Volz, Carl) |
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| 11 | 11
misc
Letter
Mon 03/28 12:44 PM
LETTER addressed to Judge Jesse M. Furman from Gainey McKenna & Egleston dated March 28, 2016 re: Views re: Coordinate/Consolidate Cases. Document filed by Mary McCambell.(McKenna, Thomas) |
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| Friday, March 25, 2016 | ||
| 10 | 10
service
Request for Issuance of Summons
Fri 03/25 10:58 AM
REQUEST FOR ISSUANCE OF SUMMONS as to Stephen Thomas, re:1 Complaint. Document filed by Mary McCambell. (McKenna, Thomas) |
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| 9 | 9
service
Request for Issuance of Summons
Fri 03/25 10:49 AM
REQUEST FOR ISSUANCE OF SUMMONS as to Elliot Favrus, re:1 Complaint. Document filed by Mary McCambell. (McKenna, Thomas) |
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| 8 | 8
service
Request for Issuance of Summons
Fri 03/25 10:44 AM
REQUEST FOR ISSUANCE OF SUMMONS as to Atahnasios Skarpelos, re:1 Complaint. Document filed by Mary McCambell. (McKenna, Thomas) |
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| 7 | 7
service
Request for Issuance of Summons
Fri 03/25 10:43 AM
REQUEST FOR ISSUANCE OF SUMMONS as to Bernd Metzner, re:1 Complaint. Document filed by Mary McCambell. (McKenna, Thomas) |
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| 6 | 6
service
Request for Issuance of Summons
Fri 03/25 10:42 AM
REQUEST FOR ISSUANCE OF SUMMONS as to Christopher U. Missling, re:1 Complaint. Document filed by Mary McCambell. (McKenna, Thomas) |
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| 5 | 5
service
Request for Issuance of Summons
Fri 03/25 10:41 AM
REQUEST FOR ISSUANCE OF SUMMONS as to Anavex Life Sciences Corp., re:1 Complaint. Document filed by Mary McCambell. (McKenna, Thomas) |
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| Tuesday, March 22, 2016 | ||
| 4 | 4
order
Order
Tue 03/22 3:23 PM
ORDER: PLSRA Lead Plaintiff motion practice is underway in 15-CV-10162, which involves claims of securities fraud against Anavex relying on substantially similar allegations of misconduct. As of this Order, no motion for consolidation has been filed, but 16-CV-2035 has been accepted by the Court as related to 15-CV-10162, and the cases appear to involve common questions of law and fact. The Court is inclined to consolidate the cases, at least for pretrial purposes. The parties in each case are directed to file letters no later than March 28, 2016, not to exceed three single-spaced pages each, indicating their views on whether the cases should be consolidated and discussing whether consolidation would or should have any effect on the appointment of Lead Plaintiff or other proceedings in 15-CV-10162. Plaintiff in 16-CV-2035 shall promptly serve a copy of this Order on each of the defendants in that case and file proof of service on the docket. (Signed by Judge Jesse M. Furman on 3/22/2016) (tn) |
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utility
Case Accepted as Related
Tue 03/22 8:43 AM
CASE ACCEPTED AS RELATED. Create association to 1:15-cv-10162-JMF. Notice of Assignment to follow. (wb) |
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notice
Notice of Case Assignment/Reassignment
Tue 03/22 8:44 AM
NOTICE OF CASE REASSIGNMENT to Judge Jesse M. Furman. Judge Unassigned is no longer assigned to the case. (wb) |
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utility
Case Designation
Tue 03/22 8:44 AM
Magistrate Judge Barbara C. Moses is so designated. (wb) |
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| Monday, March 21, 2016 | ||
| 3 | 3
misc
Statement of Relatedness
Mon 03/21 11:15 AM
STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:15-cv-10162. Document filed by Mary McCambell.(McKenna, Thomas) |
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misc
Notice to Attorney Regarding Deficient Related Case Statement
Mon 03/21 9:31 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT RELATED CASE STATEMENT. Notice to attorney Thomas James McKenna to RE-FILE Document No. The filing is deficient for the following reason(s): the wrong event type was used to file the related case statement;. Re-file the document using the event type Statement of Relatedness found under the event list Other Documents - select the correct filer - enter the related case number when prompted - and attach the correct PDF. (dgo) |
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misc
Notice to Attorney Regarding Case Opening Statistical Error Correction
Mon 03/21 9:35 AM
***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Thomas James McKenna. The following case opening statistical information was erroneously selected/entered: County code New York; Fee Status code due (due);. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid);. (dgo) |
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notice
Case Opening Initial Assignment Notice
Mon 03/21 9:37 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (dgo) |
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utility
Case Designated ECF
Mon 03/21 9:37 AM
Case Designated ECF. (dgo) |
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utility
Case Referred as Possibly Related/Similar
Mon 03/21 9:38 AM
CASE REFERRED TO Judge Jesse M. Furman as possibly related to 15cv10162 (dgo) |
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| Friday, March 18, 2016 | ||
| 2 | 2
misc
Civil Cover Sheet
Fri 03/18 5:07 PM
CIVIL COVER SHEET filed.(McKenna, Thomas) |
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Att: 1
Supplement Related Case Statement
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| 1 | 1
cmp
Complaint
Fri 03/18 5:05 PM
COMPLAINT against Anavex Life Sciences Corp, Elliot Favrus, Bernd Metzner, Christopher U. Missling, Atahnasios Skarpelos, Stephen Thomas. (Filing Fee $ 400.00, Receipt Number 0208-12086210)Document filed by Mary McCambell.(McKenna, Thomas) |
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