Downing v. Anavex Life Sciences Corporation et al

New York Southern District Court
Judge:Colleen Mcmahon
Case #: 1:24-cv-03529
Nature of Suit850 Other Statutes - Securities/Commodities/Exchange
Cause15:78j(b)ss Stockholder Suit
Case Filed:May 08, 2024
Terminated:Sep 13, 2024
Last checked: Monday Nov 04, 2024 3:47 AM EST
Defendant
Anavex Life Sciences Corporation
Represented By
Theodore Kornobis
K&l Gates (dc)
contact info
Stephen Gregory Topetzes
K&l Gates (dc)
contact info
Defendant
Christopher U. Missling
51 West 52nd Street 7th Floor
New York, NY 10019
Represented By
Theodore Kornobis
K&l Gates (dc)
contact info
Stephen Gregory Topetzes
K&l Gates (dc)
contact info
Plaintiff
Kenneth Downing
Represented By
Radha Nagamani Raghavan
Berger Montague PC
contact info


Docket last updated: 12 hours ago
Thursday, September 12, 2024
27 27 notice Notice of Voluntary Dismissal Thu 09/12 3:32 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 Corporation, Christopher U. Missling. Document filed by Kenneth Downing. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Nagamani Raghavan, Radha)
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Tuesday, August 27, 2024
26 26 2 pgs order Order on Motion to Appear Pro Hac Vice Tue 08/27 12:08 PM
ORDER FOR ADMISSION PRO HAC VICE granting21 Motion for Stephen G. Topetzes to Appear Pro Hac Vice. The motion of Stephen G. Topetzes, for admission to practice Pro Hae Vice in the above captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Colleen McMahon on 8/27/24) (yv)
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Monday, August 26, 2024
misc Notice Regarding Pro Hac Vice Motion Mon 08/26 10:47 AM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 21 MOTION for Stephen G. Topetzes to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29796431. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc)
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Friday, August 23, 2024
25 25 misc Rule 7.1 Corporate Disclosure Statement Fri 08/23 11:46 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Anavex Life Sciences Corporation..(Kornobis, Theodore)
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24 24 23 pgs respm Memorandum of Law in Support of Motion Fri 08/23 11:43 PM
MEMORANDUM OF LAW in Support re:22 MOTION to Dismiss . . Document filed by Anavex Life Sciences Corporation, Christopher U. Missling..(Kornobis, Theodore)
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23 23 respm Declaration in Support of Motion Fri 08/23 11:41 PM
DECLARATION of Theodore L. Kornobis in Support re:22 MOTION to Dismiss .. Document filed by Anavex Life Sciences Corporation, Christopher U. Missling..(Kornobis, Theodore)
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Att: 1 Exhibit Form 10-K,
Att: 2 Exhibit Form 10-K,
Att: 3 Exhibit Press Release,
Att: 4 Exhibit Transcript,
Att: 5 Exhibit Presentation,
Att: 6 Exhibit Report,
Att: 7 Exhibit Earnings Call,
Att: 8 Exhibit Transcript,
Att: 9 Exhibit Press Release,
Att: 10 Exhibit Press Release,
Att: 11 Exhibit Press Release
22 22 motion Dismiss Fri 08/23 11:32 PM
MOTION to Dismiss . Document filed by Anavex Life Sciences Corporation, Christopher U. Missling..(Kornobis, Theodore)
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21 21 motion Appear Pro Hac Vice Fri 08/23 7:45 PM
MOTION for Stephen G. Topetzes to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29796431. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Anavex Life Sciences Corporation, Christopher U. Missling..(Topetzes, Stephen)
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Att: 1 Affidavit Declaration of Stephen G. Topetzes,
Att: 2 Exhibit A - Certificates of Good Standing,
Att: 3 Proposed Order Order for Admission Pro Hac Vice
Tuesday, July 30, 2024
20 20 service Waiver of Service Executed Tue 07/30 9:21 PM
WAIVER OF SERVICE RETURNED EXECUTED. Christopher U. Missling waiver sent on 6/10/2024, answer due 8/9/2024. Document filed by Kenneth Downing..(Dell'Angelo, Michael)
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19 19 service Waiver of Service Executed Tue 07/30 9:20 PM
WAIVER OF SERVICE RETURNED EXECUTED. Anavex Life Sciences Corporation waiver sent on 6/10/2024, answer due 8/9/2024. Document filed by Kenneth Downing..(Dell'Angelo, Michael)
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Thursday, June 13, 2024
minutes Pretrial Conference - Initial Thu 06/13 4:11 PM
Minute Entry for proceedings held before Judge Colleen McMahon: Initial Pretrial Conference held on 6/13/2024. Conference held. Submitted by: Adam King. (Court Reporter Nicole Dimasi). (mde)
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Monday, June 03, 2024
18 18 respm Declaration in Support of Motion Mon 06/03 6:59 PM
DECLARATION of Radha Nagamani Raghavan in Support re:13 MOTION to Appoint Kenneth Downing to serve as lead plaintiff(s) . MOTION to Appoint Counsel . MOTION to Consolidate Cases 1:24-cv-01910 .. Document filed by Kenneth Downing..(Nagamani Raghavan, Radha)
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Att: 1 Exhibit A - May 10 Press Release,
Att: 2 Exhibit B - Humanigen Initial Complaint,
Att: 3 Exhibit C - Humanigen Additional Complaint,
Att: 4 Exhibit D - Humanigen Press Release,
Att: 5 Exhibit E - Paycom Initial Complaint,
Att: 6 Exhibit F - Paycom Additional Complaint,
Att: 7 Exhibit G - BMPC May 8 Press Release,
Att: 8 Exhibit H - Faruqi May 9 Press Release,
Att: 9 Exhibit I - Robbins May 9 Press Release,
Att: 10 Exhibit J - Gross May 10 Press Release
17 17 respm Response in Support of Motion Mon 06/03 6:56 PM
RESPONSE in Support of Motion re:13 MOTION to Appoint Kenneth Downing to serve as lead plaintiff(s) . MOTION to Appoint Counsel . MOTION to Consolidate Cases 1:24-cv-01910 . . Document filed by Kenneth Downing..(Nagamani Raghavan, Radha)
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Tuesday, May 28, 2024
16 16 1 pgs order Order for Initial Pretrial Conference Tue 05/28 11:38 AM
CALENDAR NOTICE: Initial Conference set for 6/13/2024 at 10:00 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. Any scheduling difficulties must be brought to the attention of the Court in writing and filed on ECF. So Ordered. (Signed by Judge Colleen McMahon on 5/28/2024) (jca)
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Monday, May 13, 2024
15 15 respm Declaration in Support of Motion Mon 05/13 11:14 PM
DECLARATION of Radha Nagamani Raghavan in Support re:13 MOTION to Appoint Kenneth Downing to serve as lead plaintiff(s) . MOTION to Appoint Counsel . MOTION to Consolidate Cases 1:24-cv-01910 .. Document filed by Kenneth Downing..(Nagamani Raghavan, Radha)
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Att: 1 Exhibit A - PSLRA Certification,
Att: 2 Exhibit B - Loss Analysis,
Att: 3 Exhibit C - Notice of Pendency,
Att: 4 Exhibit D - BMPC Firm Resume
14 14 18 pgs respm Memorandum of Law in Support of Motion Mon 05/13 11:12 PM
MEMORANDUM OF LAW in Support re:13 MOTION to Appoint Kenneth Downing to serve as lead plaintiff(s) . MOTION to Appoint Counsel . MOTION to Consolidate Cases 1:24-cv-01910 . . Document filed by Kenneth Downing..(Nagamani Raghavan, Radha)
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13 13 motion Appoint Lead Plaintiff(s) Appoint Counsel Consolidate Cases Mon 05/13 11:11 PM
MOTION to Appoint Kenneth Downing to serve as lead plaintiff(s) ., MOTION to Appoint Counsel ., MOTION to Consolidate Cases 1:24-cv-01910 . Document filed by Kenneth Downing..(Nagamani Raghavan, Radha)
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Att: 1 Proposed Order Text of Proposed Order
12 12 service Summons Issued Mon 05/13 3:33 PM
ELECTRONIC SUMMONS ISSUED as to Christopher U. Missling. (vf)
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11 11 service Summons Issued Mon 05/13 3:33 PM
ELECTRONIC SUMMONS ISSUED as to Anavex Life Sciences Corporation. (vf)
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Friday, May 10, 2024
10 10 service Request for Issuance of Summons Fri 05/10 4:55 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Christopher U. Missling, re:1 Complaint. Document filed by Kenneth Downing..(Nagamani Raghavan, Radha)
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9 9 service Request for Issuance of Summons Fri 05/10 4:53 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Anavex Life Sciences Corporation, re:1 Complaint. Document filed by Kenneth Downing..(Nagamani Raghavan, Radha)
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utility Case Accepted as Related Fri 05/10 2:49 PM
CASE ACCEPTED AS RELATED. Create association to 1:24-cv-01910-CM. Notice of Assignment to follow. (vba)
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notice Notice of Case Assignment/Reassignment Fri 05/10 2:51 PM
NOTICE OF CASE REASSIGNMENT to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (vba)
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utility Case Designation Fri 05/10 2:52 PM
Magistrate Judge Barbara C. Moses 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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misc Notice to Attorney Regarding Deficient Request for Issuance of Summons Fri 05/10 4:18 PM
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Radha Nagamani Raghavan to RE-FILE Document No. 7 Request for Issuance of Summons, 6 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; remove 'et al' on the PDF case caption for Plaintiff;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo)
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Thursday, May 09, 2024
8 8 misc Statement of Relatedness Thu 05/09 12:48 PM
STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:24-cv-01910 (CM). Document filed by Kenneth Downing..(Nagamani Raghavan, Radha)
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7 7 service Request for Issuance of Summons Thu 05/09 12:45 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Christopher U. Missling, re:1 Complaint. Document filed by Kenneth Downing..(Nagamani Raghavan, Radha)
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6 6 service Request for Issuance of Summons Thu 05/09 12:44 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Anavex Life Sciences Corporation, re:1 Complaint. Document filed by Kenneth Downing..(Nagamani Raghavan, Radha)
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misc Notice to Attorney Regarding Case Opening Statistical Error Correction Thu 05/09 10:40 AM
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Radha Nagamani Raghavan. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (vf)
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misc Notice to Attorney Regarding Deficient Related Case Statement Thu 05/09 10:47 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT RELATED CASE STATEMENT. Notice to attorney Radha Nagamani Raghavan to RE-FILE Document No. 4 Statement of Relatedness. The filing is deficient for the following reason(s): the related case statement was not signed. 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. (vf)
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notice Case Opening Initial Assignment Notice Thu 05/09 10:50 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (vf)
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utility Case Designated ECF Thu 05/09 10:50 AM
Case Designated ECF. (vf)
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utility Case Referred as Possibly Related/Similar Thu 05/09 10:51 AM
CASE REFERRED TO Judge Colleen McMahon as possibly related to 1:24-cv-01910-CM. (vf)
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misc Notice to Attorney Regarding Deficient Request for Issuance of Summons Thu 05/09 10:59 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Radha Nagamani Raghavan to RE-FILE Document No. 5 Request for Issuance of Summons. The filing is deficient for the following reason(s): Each Summons Request is filed as its own ECF Event. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf)
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Wednesday, May 08, 2024
5 5 service Request for Issuance of Summons Wed 05/08 12:36 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Anavex Life Sciences Corporation; and Christopher U. Missling, re:1 Complaint. Document filed by Kenneth Downing..(Nagamani Raghavan, Radha)
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Att: 1 Supplement Missling Summons
4 4 misc Related Case Affidavit/Affirmation Wed 05/08 12:06 PM
RELATED CASE AFFIRMATION re: that this action be filed as related to 1:24-cv-01910. Document filed by Kenneth Downing..(Nagamani Raghavan, Radha)
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3 3 notice Notice (Other) Wed 05/08 12:02 PM
NOTICE of Certification Pursuant to the Federal Securities Laws re:1 Complaint. Document filed by Kenneth Downing..(Nagamani Raghavan, Radha)
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2 2 misc Civil Cover Sheet Wed 05/08 11:56 AM
CIVIL COVER SHEET filed..(Nagamani Raghavan, Radha)
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1 1 26 pgs cmp Complaint Wed 05/08 11:50 AM
COMPLAINT against Anavex Life Sciences Corporation, Christopher U. Missling. (Filing Fee $ 405.00, Receipt Number ANYSDC-29327039)Document filed by Kenneth Downing..(Nagamani Raghavan, Radha)
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