Alpha Capital Anstalt v. RESHAPE LIFESCIENCES, INC.
| New York Southern District Court | |
| Judge: | Naomi Reice Buchwald |
| Case #: | 1:18-cv-06332 |
| Nature of Suit | 150 Contract - Recovery of Overpayment & Enforcement of Judgment |
| Cause | 28:1332bc Diversity-Breach of Contract |
| Case Filed: | Jul 12, 2018 |
| Terminated: | Jul 23, 2019 |
| Last checked: Tuesday Jan 08, 2019 3:54 AM EST |
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Defendant
Reshape Lifesciences, Inc.
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Represented By
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Plaintiff
Alpha Capital Anstalt
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Represented By
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| Docket last updated: 09/30/2025 11:59 PM EDT |
| Tuesday, July 23, 2019 | ||
| 24 | 24
misc
Stipulation of Voluntary Dismissal
Tue 07/23 12:45 PM
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, against the defendant(s) All Parties and with costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Alpha Capital Anstalt. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). .(Drew, Eliezer) |
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| Friday, May 17, 2019 | ||
| 23 | 23
misc
Letter
Fri 05/17 5:10 PM
LETTER addressed to Judge Naomi Reice Buchwald from Bret A. Puls dated May 17, 2019 re: Status Update. Document filed by Reshape Lifesciences, Inc..(Barragry, Ellie) |
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| Monday, March 11, 2019 | ||
| 22 | 22
1
pgs
order
Order on Motion to Appear Pro Hac Vice
Tue 03/12 1:41 PM
ORDER FOR ADMISSION PRO HAC VICE granting21 Motion for Ellie J. Barragry to Appear Pro Hac Vice. (Signed by Judge Naomi Reice Buchwald on 3/11/2019) (ne) |
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| 21 | 21
motion
Appear Pro Hac Vice
Mon 03/11 1:07 PM
MOTION for Ellie J. Barragry to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16474345. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Reshape Lifesciences, Inc..(Barragry, Ellie) |
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Att: 1
Affidavit,
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Att: 2
Certificate of Good Standing,
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Att: 3
Text of Proposed Order
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misc
Notice Regarding Pro Hac Vice Motion
Mon 03/11 1:10 PM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 21 MOTION for Ellie J. Barragry to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16474345. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc) |
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| Thursday, January 31, 2019 | ||
| 20 | 20
order
Memo Endorsement ~Util - Set Deadlines
Fri 02/01 11:55 AM
MEMO ENDORSEMENT on re: (28 in 1:18-cv-06752-NRB) Letter filed by Iroquois Capital Investment Group, LLC, Iroquois Master Fund, LTD. ENDORSEMENT: So Ordered. ( Amended Pleadings due by 3/1/2019., Expert Discovery due by 8/30/2019., Fact Discovery due by 7/26/2019., Joinder of Parties due by 3/1/2019., Motions due by 9/27/2019.) (Signed by Judge Naomi Reice Buchwald on 1/31/2019) (mro) |
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| Friday, December 28, 2018 | ||
| 19 | 19
answer
Answer to Complaint
Fri 12/28 2:08 PM
ANSWER to2 Complaint. Document filed by Reshape Lifesciences, Inc..(Wright, Oksana) |
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| 18 | 18
misc
Rule 7.1 Corporate Disclosure Statement
Fri 12/28 2:04 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Reshape Lifesciences, Inc..(Wright, Oksana) |
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| Tuesday, November 20, 2018 | ||
| 17 | 17
2
pgs
order
Order on Motion for Extension of Time to Amend
Tue 11/20 4:38 PM
ORDER: granting16 Letter Motion for Extension of Time to Amend. Application Granted. Amended Pleadings due by 12/7/2018. (Signed by Judge Naomi Reice Buchwald on 11/20/2018) (ama) |
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utility
Set/Reset Deadlines
Tue 11/20 4:39 PM
Set/Reset Deadlines: Responses due by 1/11/2019 Replies due by 1/18/2019. (ama) |
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| Monday, November 19, 2018 | ||
| 16 | 16
motion
Extension of Time to Amend
Mon 11/19 4:39 PM
CONSENT LETTER MOTION for Extension of Time to Amend2 Complaint addressed to Judge Naomi Reice Buchwald from Bret A. Puls dated November 19, 2018. Document filed by Reshape Lifesciences, Inc..(Puls, Bret) |
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| Friday, November 16, 2018 | ||
| 15 | 15
notice
Notice of Appearance
Fri 11/16 5:22 PM
NOTICE OF APPEARANCE by Oksana Gaussy Wright on behalf of Reshape Lifesciences, Inc.. (Wright, Oksana) |
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| Thursday, November 08, 2018 | ||
| 14 | 14
order
Endorsed Letter
Fri 11/09 1:13 PM
ENDORSED LETTER addressed to Counsel from Naomi Reice Buchwald United States District Judge dated 11/8/2018 re: Motion to dismiss. ENDORSEMENT: Both before and after the October 29, 2018 conference, I read your letters and the relevant portion of the Certificate of Designation numerous times. Even having done so repeatedly, the provisions still seem ambiguous to me. Admittedly, that may be a failure of understanding on my part. However, having read and re-read the materials and having held the conference in an effort to get clarity, I suspect that, in the absence of a heretofore unpresented articulation, my view is unlikely to change and that discovery and expert testimony will be necessary to resolve this case. Nonetheless, I recognize that I do not have the authority to prohibit defendant from making a motion to dismiss if they still wish to do so. Assuming that defendant wishes to proceed, to avoid any duplication of effort, plaintiffs should amend, if they so choose, their complaints within two weeks to address any issue raised by defendant if they can do so consistent with Rule 11 of the Federal Rules of Civil Procedure. The parties should agree on a briefing schedule that is no longer than sixty (60) days from the filing of the motion to the filing of the reply brief. The parties shall submit to the Court their proposed briefing schedule and length of each brief by November 20. The Court expects coordination between the two cases to avoid unnecessary work. (Signed by Judge Naomi Reice Buchwald on 11/8/2018) (ne) |
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| Monday, October 29, 2018 | ||
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minutes
Status Conference
Wed 10/31 12:42 PM
Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Status Conference held on 10/29/2018. (ade) |
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| Wednesday, October 17, 2018 | ||
| 13 | 13
1
pgs
order
Order on Motion to Appear Pro Hac Vice
Wed 10/17 1:51 PM
ORDER FOR ADMISSION PRO HAC VICE granting11 Motion for Lukas Toft to Appear Pro Hac Vice. (Signed by Judge Naomi Reice Buchwald on 10/17/2018) (jca) |
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| 12 | 12
1
pgs
order
Order on Motion to Appear Pro Hac Vice
Wed 10/17 1:49 PM
ORDER FOR ADMISSION PRO HAC VICE granting10 Motion for Bret A. Puls to Appear Pro Hac Vice. (Signed by Judge Naomi Reice Buchwald on 10/17/2018) (jca) |
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misc
Notice Regarding Pro Hac Vice Motion
Wed 10/17 6:22 AM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 11 MOTION for Lukas Toft to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15758229. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
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| Tuesday, October 16, 2018 | ||
| 11 | 11
motion
Appear Pro Hac Vice
Tue 10/16 4:55 PM
MOTION for Lukas Toft to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15758229. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Reshape Lifesciences, Inc..(Toft, Lukas) |
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Att: 1
Affidavit,
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Att: 2
Certificate of Good Standing,
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Att: 3
Text of Proposed Order
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| 10 | 10
motion
Appear Pro Hac Vice
Tue 10/16 4:34 PM
MOTION for Bret A. Puls to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15757717. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Reshape Lifesciences, Inc..(Puls, Bret) |
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Att: 1
Affidavit,
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Att: 2
Certificate of Good Standing,
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Att: 3
Text of Proposed Order
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misc
Notice Regarding Pro Hac Vice Motion
Tue 10/16 4:39 PM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 10 MOTION for Bret A. Puls to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15757717. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
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| Tuesday, September 25, 2018 | ||
| 9 | 9
motion
Conference
Tue 09/25 4:06 PM
LETTER MOTION for Conference /Pre-Motion Conference addressed to Judge Naomi Reice Buchwald from Catherine A. Savio dated September 25, 2018. Document filed by Reshape Lifesciences, Inc..(Savio, Catherine) |
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| Monday, August 27, 2018 | ||
| 8 | 8
order
Stipulation and Order ~Util - Set Deadlines
Mon 08/27 3:57 PM
STIPULATION FOR EXTENSION OF TIME FOR DEFENDANT TO ANSWER OR OTHERWISE RESPOND TO PLAINTIFF'S COMPLAINT: Plaintiff Alpha Capital Anstalt and Defendant Reshape Lifesciences, Inc. by counsel hereby stipulate and agree that Defendant shall have an extension to September 25, 2018 to answer to otherwise respond to Plaintiff's Complaint in this matter. So Ordered. Reshape Lifesciences, Inc. answer due 9/25/2018. (Signed by Judge Naomi Reice Buchwald on 8/27/2018) (tro) |
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| Friday, August 24, 2018 | ||
| 7 | 7
misc
Proposed Stipulation and Order
Fri 08/24 1:20 PM
PROPOSED STIPULATION AND ORDER. Document filed by Reshape Lifesciences, Inc.. (Savio, Catherine) |
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| Thursday, August 02, 2018 | ||
| 6 | 6
notice
Notice of Appearance
Thu 08/02 5:23 PM
NOTICE OF APPEARANCE by Catherine Anne Savio on behalf of Reshape Lifesciences, Inc.. (Savio, Catherine) |
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| Friday, July 20, 2018 | ||
| 5 | 5
service
Summons Issued
Fri 07/20 1:33 PM
ELECTRONIC SUMMONS ISSUED as to Reshape Lifesciences, Inc.. (dnh) |
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| Thursday, July 19, 2018 | ||
| 4 | 4
service
Request for Issuance of Summons
Thu 07/19 7:11 PM
REQUEST FOR ISSUANCE OF SUMMONS as to RESHAPE LIFESCIENCES, INC., re:2 Complaint. Document filed by Alpha Capital Anstalt. (Drew, Eliezer) |
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| 3 | 3
misc
Civil Cover Sheet
Thu 07/19 6:54 PM
CIVIL COVER SHEET filed. (Drew, Eliezer) |
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| 2 | 2
cmp
Complaint
Thu 07/19 6:40 PM
COMPLAINT against Reshape Lifesciences, Inc.. Document filed by Alpha Capital Anstalt.(Drew, Eliezer) |
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| Friday, July 13, 2018 | ||
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misc
Notice to Attorney Regarding Deficient Pleading
Fri 07/13 10:06 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Eliezer Drew to RE-FILE re: Document No. 1 Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected;. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo) |
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misc
Notice to Attorney to Submit/File Civil Cover Sheet
Fri 07/13 10:06 AM
***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Eliezer Drew. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo) |
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misc
Notice to Attorney Regarding Case Opening Statistical Error Correction
Fri 07/13 2:12 PM
***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Eliezer Drew. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due);. The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid);. (jgo) |
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misc
Notice to Attorney Regarding Party Modification
Fri 07/13 2:12 PM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Eliezer Drew. The party information for the following party/parties has been modified: Alpha Capital Anstalt; Reshape Lifesciences, Inc.. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party role was entered incorrectly;. (jgo) |
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notice
Case Opening Initial Assignment Notice
Fri 07/13 2:14 PM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Naomi Reice Buchwald. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:http://nysd.uscourts.gov/judges/District] . 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[LINK:http://nysd.uscourts.gov/ecf_filing.php] . (jgo) |
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utility
Case Designation
Fri 07/13 2:14 PM
Magistrate Judge Barbara C. Moses 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:[LINK:http://nysd.uscourts.gov/forms.php] . (jgo) |
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utility
Case Designated ECF
Fri 07/13 2:15 PM
Case Designated ECF. (jgo) |
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| Thursday, July 12, 2018 | ||
| 1 | 1
cmp
Complaint
Thu 07/12 4:44 PM
COMPLAINT against Alpha Capital Anstalt. (Filing Fee $ 400.00, Receipt Number 0208-15316221)Document filed by Alpha Capital Anstalt.(Drew, Eliezer) |
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