| Court: | nysd |
| Docket #: | 1:15-cv-07194 |
| Case Name: | Zagami v. Cellceutix Corporation et al |
| PACER case #: | 447344 |
| Date filed: | 2015-09-11 |
| Date terminated: | 2016-06-08 |
| Assigned to: | Judge Katherine Polk Failla |
| Case Cause: | 15:78m(a) Securities Exchange Act |
| Nature of Suit: | 850 Securities/Commodities |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Nicole O'Connell Plaintiff On Behalf of All Others Similarly Situated TERMINATED: 09/24/2015 |
Phillip C. Kim |
| Nicole O'Connell Plaintiff On Behalf of All Others Similarly Situated |
Phillip C. Kim |
| Cellceutix Corporation Defendant |
Michael J Sullivan |
| Leo Ehrlich Defendant |
Michael J Sullivan |
| Krishna Menon Defendant |
Michael J Sullivan |
| Gary Zagami Plaintiff On behalf of all others similarly situated |
Jonathan Stern Phillip C. Kim |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2015-09-11 | 1 | 0 | COMPLAINT against Cellceutix Corporation, Leo Ehrlich, Krishna Menon. (Filing Fee $ 400.00, Receipt Number 0208-11378752)Document filed by Nicole O'Connell(Individually), Nicole O'Connell(On Behalf of All Others Similarly Situated). (Attachments: # 1 certification)(Kim, Phillip) (Entered: 09/11/2015) | 2015-09-11 16:51:52 | eb4dc9c726da1c46d31aaff683412616eee760fe | |
| 1 | 1 | certification | 2015-09-28 18:21:50 | d20a9e4bb7025f2ddf68970cc1dbc1a33c000341 | ||
| 2015-09-11 | 2 | 0 | CIVIL COVER SHEET filed. (Kim, Phillip) (Entered: 09/11/2015) | 2015-09-13 07:22:07 | ea78a6a13944fcd2ca4e5d228a0e50aec6546f65 | |
| 2015-09-11 | 3 | 0 | REQUEST FOR ISSUANCE OF SUMMONS as to Cellceutix Corporation, re: 1 Complaint,. Document filed by Nicole O'Connell(Individually), Nicole O'Connell(On Behalf of All Others Similarly Situated). (Kim, Phillip) (Entered: 09/11/2015) | 2015-09-13 07:32:38 | 44df07ea5dc148a8d28e7af0bba2b1528957d674 | |
| 2015-09-11 | 4 | 0 | REQUEST FOR ISSUANCE OF SUMMONS as to Krishna Menon, re: 1 Complaint,. Document filed by Nicole O'Connell(Individually), Nicole O'Connell(On Behalf of All Others Similarly Situated). (Kim, Phillip) (Entered: 09/11/2015) | 2015-12-13 13:14:53 | c41e6910da86670ef68119888b1f0aabb1920d7b | |
| 2015-09-11 | 5 | 0 | REQUEST FOR ISSUANCE OF SUMMONS as to Leo Ehrlich, re: 1 Complaint,. Document filed by Nicole O'Connell(Individually), Nicole O'Connell(On Behalf of All Others Similarly Situated). (Kim, Phillip) (Entered: 09/11/2015) | |||
| 2015-09-14 | 6 | 0 | ELECTRONIC SUMMONS ISSUED as to Cellceutix Corporation. (dgo) (Entered: 09/14/2015) | 2015-09-19 22:25:48 | d50fd20575ee53783938c0f7473f69856aec3bbf | |
| 2015-09-14 | 7 | 0 | ELECTRONIC SUMMONS ISSUED as to Krishna Menon. (dgo) (Entered: 09/14/2015) | |||
| 2015-09-14 | 8 | 0 | ELECTRONIC SUMMONS ISSUED as to Leo Ehrlich. (dgo) (Entered: 09/14/2015) | |||
| 2015-09-17 | 9 | 0 | ORDER: that no later than October 12, 2015, Plaintiff shall advise the Court in writing of the date and manner in which it published this notice, and as further set forth in this order. (Signed by Judge Katherine Polk Failla on 9/17/2015) (tn) (Entered: 09/17/2015) | 2015-09-19 22:27:34 | 208e3feb0919d18ea3d1624fdfc6f457723c30ab | |
| 2015-09-24 | 10 | 0 | AMENDED COMPLAINT amending 1 Complaint, against Cellceutix Corporation, Leo Ehrlich, Krishna Menon with JURY DEMAND.Document filed by Gary Zagami, Gary Zagami. Related document: 1 Complaint, filed by Nicole O'Connell. (Attachments: # 1 certification)(Kim, Phillip) (Entered: 09/24/2015) | |||
| 10 | 1 | certification | 2015-09-28 19:08:08 | 3f9ce383364adbc1319aac9307b70a53af3ed603 | ||
| 2015-10-08 | 11 | 0 | LETTER addressed to Judge Katherine Polk Failla from Phillip Kim dated 10/08/2015 re: PSLRA Early Notice. Document filed by Gary Zagami(On behalf of all others similarly situated), Gary Zagami(Individually). (Attachments: # 1 PSLRA Early Notice)(Kim, Phillip) (Entered: 10/08/2015) | 2015-11-01 19:36:35 | 39f774ea55a5a67f21e0b58c70a72bb743a1ec06 | |
| 11 | 1 | PSLRA Early Notice | 2015-10-10 12:41:41 | e86244d2fc75f418c8826f8087514fc447e2c65d | ||
| 2015-10-08 | 12 | 0 | ORDER: Plaintiff's counsel published the required notice on September 11, 2015. Members of the purported class therefore have until December 10, 2015 to move the Court to serve as lead plaintiffs. Accordingly, it is hereby ORDERED that opposition to any motion for appointment of lead plaintiff shall be served and filed by January 11, 2016. IT IS FURTHER ORDERED that a conference shall be held at 3:30 pm on January 19, 2016 in Courtroom 618, United States Courthouse, 40 Foley Square, New York, New York to consider any motions for appointment of lead plaintiff and lead counsel and for consolidation. IT IS FURTHER ORDERED that the named plaintiffs shall promptly serve a copy of this Order on each of the defendants. SO ORDERED. (Responses due by 1/11/2016, Status Conference set for 1/19/2016 at 03:30 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 10/8/2015) (ajs) (Entered: 10/09/2015) | 2015-11-02 07:36:35 | ec5b3d39b04e9bdd1438faa5df5061cf1046b4bc | |
| 2015-10-29 | 13 | 0 | ORDER: The dates set in the concluding paragraphs of the Court's October 8, 2015 Order (Dkt. #12) are not in accordance with either the general schedule outlined earlier in that Order, or the deadline for motions by potential lead plaintiffs set forth in Plaintiff's Class Notice (Dkt. #11). The schedule will therefore be adjusted to ensure that deadlines are consistent and align with the timing contemplated by the PSLRA. Members of the purported class therefore have until November 10, 2015 to move the Court to serve as lead plaintiffs. Opposition to any motion for appointment of lead plaintiff shall be served and filed by December 10, 2015. The conference to consider any motions for appointment of lead plaintiff and lead counsel shall be moved to December 18, 2015, at 3:30 p.m. (Signed by Judge Katherine Polk Failla on 10/29/2015) (tn) (Entered: 10/29/2015) | |||
| 2015-11-10 | 14 | 0 | MOTION to Appoint Counsel Rosen Law Firm., MOTION to Appoint Lead Plaintiff. Document filed by Gary Zagami(On behalf of all others similarly situated), Gary Zagami(Individually). (Attachments: # 1 Text of Proposed Order)(Kim, Phillip) (Entered: 11/10/2015) | |||
| 14 | 1 | Text of Proposed Order | 2015-11-27 19:30:32 | f329d9dd425e0569a4e2b2a9a9f668b1df75f0aa | ||
| 2015-11-10 | 15 | 0 | MEMORANDUM OF LAW in Support re: 14 MOTION to Appoint Counsel Rosen Law Firm. MOTION to Appoint Lead Plaintiff. . Document filed by Gary Zagami(On behalf of all others similarly situated), Gary Zagami(Individually). (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Kim, Phillip) (Entered: 11/10/2015) | 2015-11-11 21:23:02 | b0af08b349035af4c45987ddafe5a5f2740b6381 | |
| 15 | 1 | Exhibit 1 | 2015-11-11 21:38:17 | 3367eda5ab9d91524b22616d0544a157d2d6341b | ||
| 15 | 2 | Exhibit 2 | 2015-11-11 21:38:35 | 1a2c6d7efe4fa8bf1762f2d4216df213296b85f7 | ||
| 15 | 3 | Exhibit 3 | 2015-11-11 21:48:14 | d1b5342426d70b8ee4557fa3e99a11defafa3e27 | ||
| 15 | 4 | Exhibit 4 | ||||
| 2015-11-13 | 16 | 0 | MOTION for Michael J. Sullivan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11625539. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Cellceutix Corporation, Leo Ehrlich, Krishna Menon. (Attachments: # 1 Text of Proposed Order Order for Admission Pro Hac Vice, # 2 Exhibit Certificate of Good Standing - MJS)(Sullivan, Michael) (Entered: 11/13/2015) | 2015-11-15 13:45:44 | d9c94a6bd69f8d9d2592cf5917cd4eef11945e16 | |
| 16 | 1 | Text of Proposed Order Order for Admission Pro Hac Vice | ||||
| 16 | 2 | Exhibit Certificate of Good Standing - MJS | ||||
| 2015-11-16 | 17 | 0 | ORDER FOR ADMISSION PRO HAC VICE granting 16 Motion for Michael J. Sullivan to Appear Pro Hac Vice. (Signed by Judge Katherine Polk Failla on 11/16/2015) (tn) (Entered: 11/16/2015) | |||
| 2015-11-19 | 18 | 0 | LETTER MOTION to Expedite Consideration and Appointment of Lead Plaintiff and Lead Counsel addressed to Judge Katherine Polk Failla from Michael J. Sullivan dated 11/19/2015. Document filed by Cellceutix Corporation, Leo Ehrlich, Krishna Menon. (Attachments: # 1 Text of Proposed Order Proposed Briefing Schedule)(Sullivan, Michael) (Entered: 11/19/2015) | 2015-11-20 13:24:06 | 0fda9a7319b49afa2a4bcf60cd776eb6cb6f89e2 | |
| 18 | 1 | Text of Proposed Order Proposed Briefing Schedule | 2015-11-20 13:38:26 | cd9c3a45df1dcfd2e73138638e4295864090f519 | ||
| 2015-11-24 | 19 | 0 | LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine Polk Failla from Laurence Rosen dated November 24, 2015 re: 18 LETTER MOTION to Expedite Consideration and Appointment of Lead Plaintiff and Lead Counsel addressed to Judge Katherine Polk Failla from Michael J. Sullivan dated 11/19/2015. . Document filed by Gary Zagami(On behalf of all others similarly situated). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Rosen, Laurence) (Entered: 11/24/2015) | 2015-11-24 21:30:10 | 314d01be6fb1c73ffc59ba6110370f33bacf0d08 | |
| 19 | 1 | Exhibit A | 2015-12-13 13:20:45 | dae3260b92ec9d9f77b463bb93cce2efb54184c1 | ||
| 19 | 2 | Exhibit B | 2015-12-13 13:22:35 | 71790ac4cb1b027bc969ae2d6c36d1e3b16dc721 | ||
| 19 | 3 | Exhibit C | 2015-12-13 13:23:25 | 4a9a0ef609b9b5d84cfe63d76f0e99d9bc3aa093 | ||
| 19 | 4 | Exhibit D | 2015-12-13 13:30:41 | b40aa1eaad0514df59b4558e960b7c6586164d27 | ||
| 2015-11-25 | 20 | 0 | LETTER REPLY to Response to Motion addressed to Judge Katherine Polk Failla from Michael J. Sullivan dated 11/25/2015 re: 18 LETTER MOTION to Expedite Consideration and Appointment of Lead Plaintiff and Lead Counsel addressed to Judge Katherine Polk Failla from Michael J. Sullivan dated 11/19/2015. . Document filed by Cellceutix Corporation, Leo Ehrlich, Krishna Menon. (Sullivan, Michael) (Entered: 11/25/2015) | 2015-11-27 18:40:31 | c3ad648f85b6fe92bb26a7a9fe24a6c77b6b1f9d | |
| 2015-11-30 | 21 | 0 | ORDER denying 18 Letter Motion to Expedite: Application DENIED. The Court will hear the parties regarding scheduling and any proposed motions at the conference currently scheduled for December 18, 2015. The parties are further directed to the Court's Individual Rules of Practice in Civil Cases, particularly, as relevant here, Rule 4(A). (Signed by Judge Katherine Polk Failla on 11/20/2015) (tn) (Entered: 11/30/2015) | 2015-12-02 05:20:32 | c47ab6a41c83ca5965a02f7bc67142dd7923089f | |
| 2015-12-10 | 22 | 0 | LETTER MOTION for Oral Argument regarding Defendants request that the Court enter a briefing schedule addressed to Judge Katherine Polk Failla from Michael J. Sullivan dated 12/10/2015. Document filed by Cellceutix Corporation, Leo Ehrlich, Krishna Menon. Return Date set for 12/18/2015 at 03:30 PM.(Sullivan, Michael) (Entered: 12/10/2015) | 2015-12-10 18:25:35 | 11418951f551d05ffcc3c28a7a259457c86482d3 | |
| 2015-12-11 | 23 | 0 | ORDER terminating 22 Letter Motion for Oral Argument. The Court has no reason to enter a briefing schedule, as there is no motion to be briefed. If Defendants wish to have a briefing schedule set for a motion to dismiss, they may submit a premotion letter setting forth the basis of their proposed motion pursuant to the Court's Individual Rules. In regards to whether leave should be granted for Plaintiff to file a Second Amended Complaint, the Court will hear the parties' respective arguments at the conference scheduled for December 18, 2015, and, in preparation for the conference, shall refer to the parties' previously filed letters on this subject. (Dkt. #18, 19). (Signed by Judge Katherine Polk Failla on 12/11/2015) (lmb) (Entered: 12/14/2015) | 2015-12-14 12:18:33 | b40475741d2e655cd02b4ef43d527eb74bb3f4d5 | |
| 2015-12-18 | 24 | 0 | ORDER: Plaintiff's request to file a Second Amended Complaint is GRANTED. Plaintiff's Second Amended Complaint will be due no later than January 6, 2016. Defendants' contemplated Motion to Dismiss will be due February 5, 2016. Plaintiff's Response will be due March 7, 2016. Defendants' Reply will be due March 21, 2016. The Clerk of Court is directed to amend the caption of this case in accordance with the caption of this Order. (Amended Pleadings due by 1/6/2016. Motions due by 2/5/2016. Responses due by 3/7/2016. Replies due by 3/21/2016.) (Signed by Judge Katherine Polk Failla on 12/18/2015) (tn) (Entered: 12/21/2015) | 2015-12-21 16:37:48 | 56b44c404e22227790e9f5af83d25901ff286d06 | |
| 2015-12-18 | 25 | 0 | ORDER APPOINTING LEAD PLAINTIFF AND LEAD COUNSEL granting 14 Motion to Appoint Counsel; granting 14 Motion to Appoint: Pursuant to Section 21D(a)(3)(B) of the Exchange Act, 15 U.S.C. ยง 78u-4(a)(3)(B), Movant is appointed Lead Plaintiff for the class as he has the largest financial interest in this litigation and otherwise satisfies the requirements of Fed. R. Civ. P. 23. Movant's choice of counsel is approved and accordingly, The Rosen Law Firm, P.A. is appointed Lead Counsel. Lead Counsel, after being appointed by the Court, shall manage the prosecution of this litigation. Lead Counsel is to avoid duplicative or unproductive activities and are hereby vested by the Court with the responsibilities that include, without limitation, the following: (1) to prepare all pleadings; (2) to direct and coordinate the briefing and arguing of motions in accordance with the schedules set by the orders and rules of this Court; (3) to initiate and direct discovery; (4) prepare the case for trial; and (5) to engage in settlement negotiations on behalf of Lead Plaintiff and the Class. (Signed by Judge Katherine Polk Failla on 12/18/2015) (tn) (Entered: 12/21/2015) | 2015-12-21 16:53:14 | 620e15024ae0aac1bc2e898e4d7eb1823b5d1fd0 | |
| 2015-12-30 | 26 | 0 | LETTER MOTION for Extension of Time to Amend addressed to Judge Katherine Polk Failla from Jonathan Stern dated 12/30/2015. Document filed by Gary Zagami(On behalf of all others similarly situated).(Stern, Jonathan) (Entered: 12/30/2015) | 2015-12-31 11:19:04 | e20ca9d88e0c7ec7720174cf3f8b18db58b8b82c | |
| 2015-12-30 | 27 | 0 | LETTER MOTION for Extension of Time to Amend addressed to Judge Katherine Polk Failla from Jonathan Stern dated 12/30/2015. Document filed by Gary Zagami(On behalf of all others similarly situated). (Attachments: # 1 Text of Proposed Order)(Stern, Jonathan) (Entered: 12/30/2015) | 2015-12-31 11:46:38 | 8ff1e8f0b475bbcceffccc8fbd5cd6f674d01e0d | |
| 27 | 1 | Text of Proposed Order | 2016-01-03 09:25:35 | e5117cfd442ebf693ad389eae0c935cb82ee8abe | ||
| 2016-01-05 | 28 | 0 | It is hereby ORDERED that: 1. Plaintiff's Second Amended Complaint will be due no later than January 11, 2016. 2. Defendants' contemplated Motion to Dismiss will be due February 10, 2016; Plaintiff's Opposition will be due March 11, 2016; Defendants Reply will be due March 25, 2016. The Court will not grant any further extensions in this matter absent exceptional circumstances. ( Amended Pleadings due by 1/11/2016., Motions due by 2/10/2016., Responses due by 3/11/2016, Replies due by 3/25/2016.) (Signed by Judge Katherine Polk Failla on 1/5/2016) (cdo) Modified on 1/14/2016 (cdo). (Entered: 01/05/2016) | 2016-01-05 15:52:51 | 2754d45f971a18a95d47bb7e3a58bf4e9841fe5f | |
| 2016-01-05 | 29 | 0 | LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine Polk Failla from Michael J. Sullivan dated January 5, 2016 re: 27 LETTER MOTION for Extension of Time to Amend addressed to Judge Katherine Polk Failla from Jonathan Stern dated 12/30/2015. . Document filed by Cellceutix Corporation, Leo Ehrlich, Krishna Menon. (Sullivan, Michael) (Entered: 01/05/2016) | 2016-01-05 15:53:19 | 44bd8a27217c3a5985f7d803102375e4c1c17a87 | |
| 2016-01-05 | 30 | 0 | TRANSCRIPT of Proceedings re: conference held on 12/18/2015 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Thomas Murray, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/29/2016. Redacted Transcript Deadline set for 2/8/2016. Release of Transcript Restriction set for 4/7/2016.(McGuirk, Kelly) (Entered: 01/05/2016) | 2016-04-09 07:01:04 | a69bf9345c3671e1c33e4650424023ffcb880d81 | |
| 2016-01-05 | 31 | 0 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 12/18/15 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 01/05/2016) | 2016-01-05 15:55:48 | 7529a1534f8b99c5c057126b7319a0c93a7f3a35 | |
| 2016-01-11 | 32 | 0 | SECOND AMENDED COMPLAINT amending 10 Amended Complaint, against Cellceutix Corporation, Leo Ehrlich, Krishna Menon with JURY DEMAND.Document filed by Gary Zagami(On behalf of all others similarly situated). Related document: 10 Amended Complaint, filed by Gary Zagami.(Stern, Jonathan) Modified on 1/12/2016 (moh). Modified on 1/13/2016 (moh). (Entered: 01/11/2016) | 2016-01-11 23:40:56 | 19c444419066e8d4c07dde9955b44d51118ed5f3 | |
| 2016-01-12 | 33 | 0 | EXHIBIT TO PLEADING re: 32 Amended Complaint,. Document filed by Gary Zagami(On behalf of all others similarly situated).(Stern, Jonathan) (Entered: 01/12/2016) | 2016-01-12 13:46:36 | c442685af12d465f68cd89e7935defeae22431bd | |
| 2016-02-01 | 34 | 0 | LETTER MOTION for Leave to File Excess Pages in support of Defendants' Motion to Dismiss addressed to Judge Katherine Polk Failla from Michael J. Sullivan dated 02/01/2016. Document filed by Cellceutix Corporation, Leo Ehrlich, Krishna Menon. (Attachments: # 1 Text of Proposed Order)(Sullivan, Michael) (Entered: 02/01/2016) | |||
| 34 | 1 | Text of Proposed Order | ||||
| 2016-02-01 | 35 | 0 | ORDER granting in part 34 Letter Motion for Leave to File Excess Pages: Application GRANTED IN PART. Defendants may have 30 pages for their memorandum in support of their motion to dismiss. Plaintiffs may likewise have 30 pages for their memorandum in opposition. (Signed by Judge Katherine Polk Failla on 2/1/2016) (tn) (Entered: 02/01/2016) | 2016-02-01 18:52:42 | 935866cb6e3a501c3b16546d7ede0e4aabb33ecc | |
| 2016-02-10 | 36 | 0 | MOTION to Dismiss SECOND AMENDED COMPLAINT. Document filed by Cellceutix Corporation, Leo Ehrlich, Krishna Menon.(Sullivan, Michael) (Entered: 02/10/2016) | 2016-02-10 18:18:26 | cdff2a2f2aed8fb3261d0236ae3e312d05249a48 | |
| 2016-02-10 | 37 | 0 | MEMORANDUM OF LAW in Support re: 36 MOTION to Dismiss SECOND AMENDED COMPLAINT. . Document filed by Cellceutix Corporation, Leo Ehrlich, Krishna Menon. (Sullivan, Michael) (Entered: 02/10/2016) | 2016-02-10 17:53:14 | 054c5462a02469e36b9d39f9166cd1e556e2b7ce | |
| 2016-02-10 | 38 | 0 | NOTICE of REQUEST FOR JUDICIAL NOTICE re: 36 MOTION to Dismiss SECOND AMENDED COMPLAINT., 37 Memorandum of Law in Support of Motion. Document filed by Cellceutix Corporation, Leo Ehrlich, Krishna Menon. (Sullivan, Michael) (Entered: 02/10/2016) | 2016-02-10 18:12:58 | d10deb076f074e9eed292fad08909c3982247a71 | |
| 2016-02-10 | 39 | 0 | DECLARATION of Michael J. Sullivan in Support re: 36 MOTION to Dismiss SECOND AMENDED COMPLAINT.. Document filed by Cellceutix Corporation, Leo Ehrlich, Krishna Menon. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20)(Sullivan, Michael) (Entered: 02/10/2016) | 2016-02-12 16:16:28 | 2a4d6924e9bf48453729cca49b22a3fb43aab9d8 | |
| 39 | 1 | Exhibit 1 | ||||
| 39 | 2 | Exhibit 2 | ||||
| 39 | 3 | Exhibit 3 | ||||
| 39 | 4 | Exhibit 4 | ||||
| 39 | 5 | Exhibit 5 | ||||
| 39 | 6 | Exhibit 6 | ||||
| 39 | 7 | Exhibit 7 | ||||
| 39 | 8 | Exhibit 8 | ||||
| 39 | 9 | Exhibit 9 | ||||
| 39 | 10 | Exhibit 10 | ||||
| 39 | 11 | Exhibit 11 | ||||
| 39 | 12 | Exhibit 12 | ||||
| 39 | 13 | Exhibit 13 | ||||
| 39 | 14 | Exhibit 14 | ||||
| 39 | 15 | Exhibit 15 | ||||
| 39 | 16 | Exhibit 16 | ||||
| 39 | 17 | Exhibit 17 | ||||
| 39 | 18 | Exhibit 18 | ||||
| 39 | 19 | Exhibit 19 | ||||
| 39 | 20 | Exhibit 20 | 2016-04-29 14:22:49 | 589e2f68782fe1f40ba4efa3a5c748939baad0ec | ||
| 2016-03-01 | 40 | 0 | ORDER terminating 26 Motion for Extension of Time; terminating 27 Motion for Extension of Time. The Clerk of Court is directed to terminate the letter motions at docket entries 26 and 27, which motions were previously resolved by the Court. SO ORDERED. (Signed by Judge Katherine Polk Failla on 3/1/2016) (adc) (Entered: 03/02/2016) | 2016-03-04 18:25:38 | bf6b56a6ebcc9a08968c02cad26f37e5ccaf78d2 | |
| 2016-03-11 | 41 | 0 | MEMORANDUM OF LAW in Opposition re: 36 MOTION to Dismiss SECOND AMENDED COMPLAINT. . Document filed by Gary Zagami(On behalf of all others similarly situated), Gary Zagami(Individually). (Stern, Jonathan) (Entered: 03/11/2016) | 2016-03-12 08:59:18 | 032dabb63670b71ded2bbc03ce53daf60436abaf | |
| 2016-03-11 | 42 | 0 | DECLARATION of Jonathan Stern in Opposition re: 36 MOTION to Dismiss SECOND AMENDED COMPLAINT.. Document filed by Gary Zagami(On behalf of all others similarly situated), Gary Zagami(Individually). (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Stern, Jonathan) (Entered: 03/11/2016) | |||
| 42 | 1 | Exhibit 1 | ||||
| 42 | 2 | Exhibit 2 | ||||
| 42 | 3 | Exhibit 3 | ||||
| 2016-03-11 | 43 | 0 | NOTICE of Request for Judicial Notice re: 41 Memorandum of Law in Opposition to Motion. Document filed by Gary Zagami(On behalf of all others similarly situated), Gary Zagami(Individually). (Stern, Jonathan) (Entered: 03/11/2016) | 2016-03-12 05:17:34 | 40339a23740158bc1f487fe1959216c870cf0862 | |
| 2016-03-11 | 44 | 0 | NOTICE of Opposition to Request for Judicial Notice re: 38 Notice (Other). Document filed by Gary Zagami(On behalf of all others similarly situated), Gary Zagami(Individually). (Stern, Jonathan) (Entered: 03/11/2016) | 2016-03-12 05:18:25 | 57896ccab8d8f886b8dcb4e6023df038fc1a0c79 | |
| 2016-03-11 | 45 | 0 | NOTICE of Request for Judicial Notice re: 41 Memorandum of Law in Opposition to Motion. Document filed by Gary Zagami(On behalf of all others similarly situated), Gary Zagami(Individually). (Stern, Jonathan) (Entered: 03/11/2016) | 2016-03-12 21:42:25 | b05b6fa2802856f3bae12fef160326943ae4060c | |
| 2016-03-25 | 46 | 0 | REPLY MEMORANDUM OF LAW in Support re: 36 MOTION to Dismiss SECOND AMENDED COMPLAINT. . Document filed by Cellceutix Corporation, Leo Ehrlich, Krishna Menon. (Sullivan, Michael) (Entered: 03/25/2016) | 2016-03-25 13:47:48 | ab2445b0805eaf5207ffff92cf9ecf02e7b5c51e | |
| 2016-03-25 | 47 | 0 | LETTER MOTION for Oral Argument on its Motion to Dismiss the Second Amended Complaint addressed to Judge Katherine Polk Failla from Michael J. Sullivan dated March 25, 2016. Document filed by Cellceutix Corporation, Leo Ehrlich, Krishna Menon.(Sullivan, Michael) (Entered: 03/25/2016) | 2016-04-02 00:05:06 | 36367e6cc159535587bece25824e719fee293cae | |
| 2016-03-25 | 48 | 0 | MEMO ENDORSEMENT on re: 47 LETTER MOTION for Oral Argument on its Motion to Dismiss the Second Amended Complaint addressed to Judge Katherine Polk Failla from Michael J. Sullivan dated March 25, 2016. filed by Cellceutix Corporation, Leo Ehrlich, Krishna Menon. ENDORSEMENT: The Court in receipt of Defendants' request for oral argument on their motion to dismiss, supra. Should the Court determine that oral argument would aid in its adjudication of Defendants' motion, it will promptly notify the parties. (Signed by Judge Katherine Polk Failla on 3/25/2016) (cf) (Entered: 03/25/2016) | 2016-04-02 00:11:26 | 46868c384754dd7eaa7ddae850ed9420bbf0c070 | |
| 2016-06-08 | 49 | 0 | OPINION AND ORDER re: 36 MOTION to Dismiss SECOND AMENDED COMPLAINT filed by Cellceutix Corporation, Leo Ehrlich, Krishna Menon. For the reasons stated in this Opinion, Defendants' motion to dismiss Plaintiff's SAC is GRANTED. Plaintiff has requested leave to replead, without presenting any concrete means of remedying the deficiencies identified in this Opinion. Because Plaintiff has previously been given leave to replead, and because the Court finds that any further repleading would be futile, Plaintiff's request is DENIED. See Loreley Fin. (Jersey) No. 3 Ltd. v. Wells Fargo Sec., LLC, 797 F.3d 160, 190 (2d Cir. 2015) (identifying futility as a proper ground for denying leave to replead); see generally United States ex rel. Ladas v. Exelis, Inc., F.3d, No. 14-4155-cv, 2016 WL 3003674, at *9 (2d Cir. May 25, 2016). The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. (As further set forth in this Opinion and Order.) (Signed by Judge Katherine Polk Failla on 6/8/2016) (mro) (Entered: 06/08/2016) | 2016-06-08 09:27:59 | 90db62ebf4c62041ac6f59236bd7b5083d08f4ff | |
| 2016-06-08 | 50 | 0 | CLERK'S JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated June 8, 2016, Defendants' motion to dismiss Plaintiff's SAC is granted. Plaintiff has requested leave to replead, without presenting any concrete means of remedying the deficiencies identified in this Opinion. Because Plaintiff has previously been given leave to replead, and because the Court finds that any further repleading would be futile, Plaintiff's request is denied; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 6/8/2016) (Attachments: # 1 Right to Appeal, # 2 Right to Appeal)(km) (Entered: 06/08/2016) | 2016-06-08 19:05:11 | 105cc77a4b23fd34b43451407c9953d7985a366b | |
| 50 | 1 | Right to Appeal | 2016-06-08 18:48:36 | 687eec7e8f5880a93fa82e766051c21459df16ac | ||
| 50 | 2 | Right to Appeal | 2016-06-08 21:00:29 | b7e08c4bb2cbf14311f5cee4e9b0a7ded4a887be | ||
| 2016-06-13 | 51 | 0 | LETTER addressed to Judge Katherine Polk Failla from Michael J. Sullivan dated June 13, 2016 re: Sanctions Guidance. Document filed by Cellceutix Corporation, Leo Ehrlich, Krishna Menon. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Sullivan, Michael) (Entered: 06/13/2016) | 2016-06-14 15:12:22 | 633f53b22e5bb40e097f7a2e2b25c18baad2057e | |
| 51 | 1 | Exhibit 1 | ||||
| 51 | 2 | Exhibit 2 | 2016-06-16 07:42:01 | ef1c3b02a62c680748bc0725d57a219cf83350c4 | ||
| 51 | 3 | Exhibit 3 | 2016-06-16 07:47:47 | fb1e685142d075a626c483a3b9d3580880693ee8 | ||
| 2016-06-14 | 52 | 0 | MEMO ENDORSEMENT on re: 51 Letter, filed by Cellceutix Corporation, Leo Ehrlich, Krishna Menon. ENDORSEMENT: The parties are directed to follow the procedure set forth in Rule 4(A) of the Court's Individual Rules of Practice in regard to Defendants' proposed motion. At the pre-motion conference the Court will discuss with the parties and set a schedule for both Defendants' contemplated Rule 11 motion and any further review mandated by the PSLRA. SO ORDERED. (Signed by Judge Katherine Polk Failla on 6/14/2016) (kl) (Entered: 06/15/2016) | 2016-06-15 21:56:48 | a5e440abe8a000a9f6631c378377b5959d67947e | |
| 2016-06-20 | 53 | 0 | LETTER MOTION for Conference regarding Sanctions addressed to Judge Katherine Polk Failla from Michael J. Sullivan dated June 20, 2016. Document filed by Cellceutix Corporation, Leo Ehrlich, Krishna Menon.(Sullivan, Michael) (Entered: 06/20/2016) | |||
| 2016-06-20 | 54 | 0 | ORDER granting 53 Letter Motion for Conference: Application GRANTED. The parties are directed to appear for a conference on Defendants' contemplated motion for sanctions on Friday, July 15, 2016, at 2:30 p.m. in courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York 10007. Pre-Motion Conference set for 7/15/2016 at 02:30 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 6/20/2016) (tn) (Entered: 06/21/2016) | 2016-06-21 15:11:17 | 0ffcccb5cab2b33267f6fece8f43983f6e969291 | |
| 2016-06-22 | 55 | 0 | LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine Polk Failla from Jonathan Stern dated June 22, 2016 re: 53 LETTER MOTION for Conference regarding Sanctions addressed to Judge Katherine Polk Failla from Michael J. Sullivan dated June 20, 2016. . Document filed by Gary Zagami(On behalf of all others similarly situated). (Stern, Jonathan) (Entered: 06/22/2016) | 2016-06-24 23:11:54 | 4e30874994dd099421b5bc4e4400db0bd6ed2fc9 | |
| 2016-06-08 | 56 | 0 | INTERNET CITATION NOTE: Material from decision with Internet citation re: 49 Memorandum & Opinion. (Attachments: # 1 Internet Citation, # 2 Internet Citation, # 3 Internet Citation, # 4 Internet Citation, # 5 Internet Citation, # 6 Internet Citation) (vf) (Entered: 06/27/2016) | 2016-06-29 10:27:38 | 19b9a77ef7032f342ffc41bec03e070e5ea29d6b | |
| 56 | 1 | Internet Citation | ||||
| 56 | 2 | Internet Citation | ||||
| 56 | 3 | Internet Citation | ||||
| 56 | 4 | Internet Citation | ||||
| 56 | 5 | Internet Citation | ||||
| 56 | 6 | Internet Citation | ||||
| 2016-06-08 | 57 | 0 | INTERNET CITATION NOTE: Material from decision with Internet citation re: 49 Memorandum & Opinion. (Attachments: # 1 Internet Citation, # 2 Internet Citation, # 3 Internet Citation, # 4 Internet Citation, # 5 Internet Citation, # 6 Internet Citation) (vf) (Entered: 06/27/2016) | 2016-07-10 14:41:47 | c7faf424c2dd673bbca787c08c5a7656ad8dfd96 | |
| 57 | 1 | Internet Citation | ||||
| 57 | 2 | Internet Citation | ||||
| 57 | 3 | Internet Citation | ||||
| 57 | 4 | Internet Citation | ||||
| 57 | 5 | Internet Citation | ||||
| 57 | 6 | Internet Citation | ||||
| 2016-07-08 | 58 | 0 | NOTICE OF APPEAL from 49 Memorandum & Opinion,,,, 50 Clerk's Judgment,,. Document filed by Gary Zagami(On behalf of all others similarly situated). Filing fee $ 505.00, receipt number 0208-12516602. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Stern, Jonathan) (Entered: 07/08/2016) | 2016-07-08 16:43:17 | 4d2c3401582dc16af0e7f57f7b36011e35069372 | |
| 2016-07-15 | 59 | 0 | ORDER: As set forth during the conference held on July 15, 2016, Defendants' motion for sanctions will be due August 15, 2016. Plaintiff's opposition will be due September 23, 2016. Defendants' reply will be due October 7, 2016. SO ORDERED. (Motions due by 8/15/2016. Responses due by 9/23/2016, Replies due by 10/7/2016.) (Signed by Judge Katherine Polk Failla on 7/15/2016) (kko) Modified on 7/18/2016 (kko). (Entered: 07/15/2016) | 2016-07-15 19:15:46 | cc811c64f317b1fad31beb47e4609f70022fea3b | |
| 2016-08-15 | 60 | 0 | FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Sanctions PURSUANT TO THE PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995. Document filed by Cellceutix Corporation, Leo Ehrlich, Krishna Menon.(Sullivan, Michael) Modified on 8/16/2016 (db). (Entered: 08/15/2016) | 2016-08-15 18:23:39 | 474a1161347dc49d0fa7c1c104ff2289e621e1ef | |
| 2016-08-15 | 61 | 0 | FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 60 MOTION for Sanctions PURSUANT TO THE PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995. . Document filed by Cellceutix Corporation, Leo Ehrlich, Krishna Menon. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Sullivan, Michael) Modified on 8/16/2016 (db). (Entered: 08/15/2016) | 2016-08-19 01:25:13 | 98a62978c6aeb97ae861f44cffab8583e2ef151e | |
| 61 | 1 | Exhibit 1 | ||||
| 61 | 2 | Exhibit 2 | ||||
| 2016-08-16 | 62 | 0 | MOTION for Attorney Fees PURSUANT TO THE PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995. Document filed by Cellceutix Corporation, Leo Ehrlich, Krishna Menon.(Sullivan, Michael) (Entered: 08/16/2016) | |||
| 2016-08-16 | 63 | 0 | MEMORANDUM OF LAW in Support re: 62 MOTION for Attorney Fees PURSUANT TO THE PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995. . Document filed by Cellceutix Corporation, Leo Ehrlich, Krishna Menon. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Sullivan, Michael) (Entered: 08/16/2016) | |||
| 63 | 1 | Exhibit 1 | ||||
| 63 | 2 | Exhibit 2 | ||||
| 2016-08-22 | 64 | 0 | TRANSCRIPT of Proceedings re: CONFERENCE held on 7/15/2016 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Thomas Murray, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/15/2016. Redacted Transcript Deadline set for 9/26/2016. Release of Transcript Restriction set for 11/25/2016.(McGuirk, Kelly) (Entered: 08/22/2016) | |||
| 2016-08-22 | 65 | 0 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/15/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 08/22/2016) | |||
| 2016-09-06 | 66 | 0 | MANDATE of USCA (Certified Copy) as to 58 Notice of Appeal, filed by Gary Zagami. USCA Case Number 16-2454.. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to FRAP 42. The stipulation is hereby "So Ordered".. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 09/06/2016. (nd) (Entered: 09/06/2016) | 2016-09-12 23:48:00 | 255ee9612e2628b5c8ba904cd0fc635a3d244912 | |
| 2016-09-23 | 67 | 0 | MEMORANDUM OF LAW in Opposition re: 62 MOTION for Attorney Fees PURSUANT TO THE PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995., 60 MOTION for Sanctions PURSUANT TO THE PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995. . Document filed by Gary Zagami(On behalf of all others similarly situated), Gary Zagami(Individually). (Rosen, Laurence) (Entered: 09/23/2016) | 2016-09-24 08:04:12 | 863736182265d912fe09a49c0e00306c8c8a9beb | |
| 2016-09-23 | 68 | 0 | DECLARATION of Laurence M. Rosen in Opposition re: 62 MOTION for Attorney Fees PURSUANT TO THE PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995., 60 MOTION for Sanctions PURSUANT TO THE PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995.. Document filed by Gary Zagami(On behalf of all others similarly situated), Gary Zagami(Individually). (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Rosen, Laurence) (Entered: 09/23/2016) | 2016-09-24 13:14:18 | da53ccbf9891bcacc1555ed8f5785c57b5d9a81b | |
| 68 | 1 | Exhibit 1 | 2016-09-24 13:11:25 | d6a826d8c62ba7232c384f1be1c26a454ed76ae0 | ||
| 68 | 2 | Exhibit 2 | 2016-09-24 13:12:33 | 19d9c561b64f9fc748091106b61f4dc50de1b389 | ||
| 2016-10-07 | 69 | 0 | REPLY MEMORANDUM OF LAW in Support re: 62 MOTION for Attorney Fees PURSUANT TO THE PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995. . Document filed by Cellceutix Corporation, Leo Ehrlich, Krishna Menon. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Sullivan, Michael) (Entered: 10/07/2016) | 2016-10-07 15:45:17 | 8d8b4858e92bd6c8c1a5a705c0b46510895f922e | |
| 69 | 1 | Exhibit 1 | ||||
| 69 | 2 | Exhibit 2 | ||||
| 69 | 3 | Exhibit 3 | ||||
| 69 | 4 | Exhibit 4 | ||||
| 2017-03-29 | 70 | 0 | OPINION AND ORDER re: 62 MOTION for Attorney Fees PURSUANT TO THE PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995, filed by Cellceutix Corporation, Leo Ehrlich, Krishna Menon. For the reasons stated in this Opinion, Defendants' motion for sanctions is DENIED. The Clerk of Court is directed to terminate the motion pending at docket entry 62. (Signed by Judge Katherine Polk Failla on 3/29/2017) (cla) (Entered: 03/29/2017) | 2017-03-29 14:22:54 | 1ccfcb0f0366a022bdcd1e7bd44f92f21db146b8 | |
| 2017-03-29 | 71 | 0 | INTERNET CITATION NOTE: Material from decision with Internet citation re: 70 Memorandum & Opinion. (Attachments: # 1 Internet Citation, # 2 Internet Citation) (vf) (Entered: 04/19/2017) |