Hamby v. Lebovits et al

New York Southern District Court
Judge:Dale E Ho
Case #: 1:24-cv-02811
Nature of Suit850 Other Statutes - Securities/Commodities/Exchange
Cause15:78m(a) Securities Exchange Act
Case Filed:Apr 12, 2024
Terminated:Apr 25, 2024
Last checked: Saturday Apr 13, 2024 1:08 AM EDT
Defendant
June S. Almenoff
Defendant
Irit Arbel
Defendant
MENGHISTEAB BAIRU
Defendant
Amit Bar-Or
Defendant
STANLEY H. APPEL
Defendant
Jerold Chun
Defendant
Jacob Frenkel
Defendant
Uri Yablonka
Defendant
Ralph Kern
Defendant
Chaim Lebovits
Defendant
Stacy Lindborg
Defendant
Nir Naor
Defendant
Anthony Polverino
Defendant
Malcolm Taub
Nominal Defendant
Brainstorm Cell Therapeutics Inc.
Plaintiff
John Duncan Hamby
Represented By
Peretz Bronstein
Bronstein, Gewirtz & Grossman
contact info


Docket last updated: 04/28/2024 11:59 PM EDT
Thursday, April 25, 2024
6 6 order Stipulation and Order Thu 04/25 5:59 PM
STIPULATION AND ORDER CONSOLIDATING RELATED SHAREHOLDER DERIVATIVE ACTIONS AND APPOINTING CO-LEAD COUNSEL FOR PLAINTIFFS: IT IS HEREBY STIPULATED AND AGREED among the Parties, and respectfully submitted for the Court's approval, to consolidate the Related Derivative Actions and appoint Co-lead Counsel for Plaintiffs pursuant to the following terms: Plaintiffs will dismiss without prejudice Defendants Jerold Chun, Stanley H. Appel, and Amit Bar-Or from the Consolidated Action. To the extent they have not already been served, the Served Defendants accept service of the complaints in the Related Derivative Actions. The Related Derivative Actions are hereby consolidated for all purposes, including pre-trial proceedings and trial, under Case No. 1:24-CV-01095-DEH (the "Consolidated Action"): As further set forth in this Order. Every pleading filed in the Consolidated Action, or in any separate action included herein, must bear the following caption: IN RE BRAINSTORM CELL THERAPEUTICS, INC. DERIVATIVE LITIGATION. All papers filed in connection with the Consolidated Action will be maintained in one file under Lead Case No. 1:24-cv-01095-DEH. Co-lead Counsel for plaintiffs in the Consolidated Action shall be: As further set forth in this Order. All papers and documents previously filed and/or served in the Related Derivative Actions shall be deemed a part of the record in the Consolidated Action. This Stipulation is without waiver or prejudice to any and all claims, defenses, arguments, motions, or any requests for other relief that would otherwise be available to the Parties in the Related Derivative Actions. The Parties are currently discussing the terms of a stipulation to stay the Related Derivative Actions. Notwithstanding the deadline of April 29, 2024 in the Andrev Action and the Porteous Action for the parties therein to provide the Court with a proposed stipulation outlining the terms of a stay agreement and the deadline of May 1, 2024 in the Holtzman Action for the parties therein to provide the Court with a proposed stipulation outlining the terms of a stay agreement, the Parties respectfully request in the interest of efficiency that the Court allow the Parties 14 days from the approval of this Stipulation to further meet and confer and to submit a stipulation to stay the Consolidated Action. The Company's April 29, 2024 deadline to respond to the complaint in the Holtzman Action is held in abeyance, and the served Defendants are not required to respond to the complaints in the Related Derivative Actions or the Consolidated Action until the deadline as set forth in the Court's order on the anticipated stipulation to stay. IT IS SO STIPULATED. The parties shall meet and confer and submit a stipulation to stay the Consolidated Action by May 9, 2024. The Clerk of Court is respectfully directed to: Terminate Defendants Jerold Chun, Stanley H. Appel, and Amit Bar-Or; Docket this Order in cases 24-CV-1095, 24-CV-1101, 24-CV-2139, and 24-CV-2811; Consolidate 24-CV-1101, 24-CV-2139, and 24-CV-2811, under the case number 24-CV-1095, and to close cases 24-CV-1101, 24-CV-2139, and 24-CV-2811. PURSUANT TO STIPULATION, IT IS SO ORDERED. (Signed by Judge Dale E. Ho on 4/25/2024) Filed In Associated Cases: 1:24-cv-01095-DEH, 1:24-cv-01101-DEH, 1:24-cv-02139-DEH, 1:24-cv-02811-DEH (ks)
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utility Case Consolidation - Member Thu 04/25 5:49 PM
CONSOLIDATED MEMBER CASE: Create association to 1:24-cv-01095-DEH.. (ks)
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Wednesday, April 17, 2024
utility Case Accepted as Related Wed 04/17 9:38 PM
CASE ACCEPTED AS RELATED. Create association to 1:24-cv-02139-DEH. Notice of Assignment to follow. (vba)
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notice Notice of Case Assignment/Reassignment Wed 04/17 9:43 PM
NOTICE OF CASE REASSIGNMENT to Judge Dale E. Ho. Judge Unassigned is no longer assigned to the case. (vba)
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utility Case Designation Wed 04/17 9:44 PM
Magistrate Judge Sarah L. Cave is designated to handle matters that may be referred in this case. 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:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (vba)
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Monday, April 15, 2024
5 5 service Summons Issued Mon 04/15 11:46 AM
ELECTRONIC SUMMONS ISSUED as to June S. Almenoff, Irit Arbel, Amit Bar-Or, Brainstorm Cell Therapeutics Inc., Jerold Chun, Jacob Frenkel, Ralph Kern, Chaim Lebovits, Stacy Lindborg, Menghisteab Bairu, Nir Naor, Anthony Polverino, Stanley H. Appel, Malcolm Taub, Uri Yablonka..(pc)
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notice Case Opening Initial Assignment Notice Mon 04/15 11:24 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(pc)
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utility Case Designated ECF Mon 04/15 11:24 AM
Case Designated ECF. (pc)
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utility Case Referred as Possibly Related/Similar Mon 04/15 11:25 AM
CASE REFERRED TO Judge Dale E. Ho as possibly related to 23cv2139 (pc)
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misc Notice to Attorney Regarding Party Modification Mon 04/15 11:25 AM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Peretz Bronstein. The party information for the following party/parties has been modified: John Duncan Hamby, MENGHISTEAB BAIRU, STANLEY H. APPEL. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted;. (pc)
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Friday, April 12, 2024
4 4 misc Statement of Relatedness Fri 04/12 6:53 PM
STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:24-CV-02139. Document filed by John Duncan Hamby..(Bronstein, Peretz)
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3 3 service Request for Issuance of Summons Fri 04/12 6:51 PM
REQUEST FOR ISSUANCE OF SUMMONS as to BRAINSTORM CELL THERAPEUTICS INC., CHAIM LEBOVITS, STACY LINDBORG, RALPH KERN, JUNE S. ALMENOFF, IRIT ARBEL, MENGHISTEAB BAIRU, JACOB FRENKEL, ANTHONY POLVERINO, MALCOLM TAUB, NIR NAOR, JEROLD CHUN, STANLEY H. APPEL, AMIT BAR-OR, and URI YABLONKA, re:1 Complaint,. Document filed by John Duncan Hamby..(Bronstein, Peretz)
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2 2 misc Civil Cover Sheet Fri 04/12 6:48 PM
CIVIL COVER SHEET filed..(Bronstein, Peretz)
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1 1 133 pgs cmp Complaint Fri 04/12 6:47 PM
COMPLAINT against STANLEY H. APPEL, June S. Almenoff, Irit Arbel, MENGHISTEAB BAIRU, Amit Bar-Or, Brainstorm Cell Therapeutics Inc., Jerold Chun, Jacob Frenkel, Ralph Kern, Chaim Lebovits, Stacy Lindborg, Nir Naor, Anthony Polverino, Malcolm Taub, Uri Yablonka. (Filing Fee $ 405.00, Receipt Number ANYSDC-29215345)Document filed by John Duncan Hamby..(Bronstein, Peretz)
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