This case was last updated from U.S. District Courts on 11/05/2021 at 17:05:11 (UTC).

Calenture, LLC et al v. B. Riley Financial, Inc. et al

Case Summary

On 07/15/2021 Calenture, LLC filed a Finance - Security/Commodity/Exchange lawsuit against B Riley Financial, Inc. This case was filed in U.S. District Courts, New York Southern District. The Judge overseeing this case is Mary Kay Vyskocil. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-06087

  • Filing Date:

    07/15/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Finance - Security/Commodity/Exchange

Judge Details

Presiding Judge

Mary Kay Vyskocil

 

Party Details

Plaintiffs

Calenture, LLC

Deborah Donoghue

Defendants

B. Riley Financial, Inc.

Bryant R. Riley

Nominal Defendant

Franchise Group, Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

David Lopez

Attorney at Law Office of David Lopez

171 Edge Of Woods Road, Po Box 323

Southampton, NY 11968

Miriam Deborah Tauber

Attorney at Miriam Tauber Law

885 Park Avenue 2A

New York, NY 10075

James Austen Hunter

42 Stagecoach Rd.

Pipersville, PA 18947

Defendant Attorneys

Joshua Andreas Mayes

Attorney at Robbins Alloy Belinfante Littlefield LLC

500 14Th Street, N.W.

Atlanta, GA 30318

Jeffrey B. Korn

Attorney at Willkie Farr & Gallagher LLP (NY)

787 Seventh Avenue

New York, NY 10019

Nominal Defendant Attorneys

Aurora Cassirer

Attorney at Troutman Pepper Hamilton Sanders LLP

875 Third Avenue

New York, NY 10022

Daniel E. Gorman

Attorney at Troutman Pepper Hamilton Sanders LLP

875 Third Avenue

New York, NY 10022

 

Court Documents

#19

(#19) ORDER granting #18 Letter Motion for Extension of Time to Answer re #18 JOINT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint,,,, addressed to Judge Mary Kay Vyskocil from Joshua A. Mayes dated October 22, 2021., #1 Complaint. GRANTED. Defendants B. Riley Financial, Inc. and Bryant R. Riley shall file a response to the Complaint in this action on or before November 22, 2021. SO ORDERED. B. Riley Financial, Inc. answer due 11/22/2021; Bryant R. Riley answer due 11/22/2021. (Signed by Judge Mary Kay Vyskocil on 10/25/2021) (tg) (Entered: 10/25/2021)

#18

(#18) JOINT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint,,,, addressed to Judge Mary Kay Vyskocil from Joshua A. Mayes dated October 22, 2021. Document filed by B. Riley Financial, Inc., Bryant R. Riley..(Mayes, Joshua) (Entered: 10/22/2021)

#16

(#16) ORDER granting #15 LETTER MOTION for Extension of Time to Respond to the Complaint. GRANTED. Defendants B. Riley Financial, Inc. and Bryant R. Riley shall file a response to the Complaint in this action on or before October 22, 2021. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 10/6/2021) (jca) (Entered: 10/06/2021)

#15

(#15) LETTER MOTION for Extension of Time to Respond to the Complaint addressed to Judge Mary Kay Vyskocil from Jeffrey B. Korn dated October 6, 2021. Document filed by B. Riley Financial, Inc., Bryant R. Riley..(Korn, Jeffrey) (Entered: 10/06/2021)

14 #3

Text of Proposed Order

14 #2

Exhibit Certificate of Good Standing

14 #1

Affidavit Affidavit of Joshua A. Mayes

14 #14

Main Document

#13

(#13) STIPULATION AND ORDER: IT IS HEREBY STIPULATED by and among the parties to this action, through their undersigned counsel, subject to the approval of the Court, that: 1. Franchise Group, Inc. shall not be required to file an answer or otherwise respond to the Complaint in this Action unless ordered by the Court to do so; and 2. Franchise Group, Inc. shall otherwise have all rights of a party to this action and shall not be prejudiced in any way for entering into this stipulation. (Signed by Judge Mary Kay Vyskocil on 10/1/2021) (tg) (Entered: 10/01/2021)

1 #14

Exhibit N -- Underwriting Agreement Amendment No. 1 dated July 25, 2020

1 #12

Exhibit L -- Excerpts from June 2020 Prospectus and Prospectus Supplement

1 #9

Exhibit I -- Schedule 13D Amendment No. 5 filed July 2, 2020

1 #5

Exhibit E -- Form 4 filed September 4, 2020

1 #4

Exhibit D -- Form 4 filed June 30, 2020

1 #3

Exhibit C -- Form 4 filed April 28, 2020

1 #2

Exhibit B -- Form 4 filed April 9, 2020

1 #1

Exhibit A -- Form 13F-HR for 2020 Q1 filed May 14, 2020

1 #1

Main Document

25 More Documents Available

 

Docket Entries

  • 10/25/2021
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  • Docket(#19) ORDER granting #18 Letter Motion for Extension of Time to Answer re #18 JOINT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint,,,, addressed to Judge Mary Kay Vyskocil from Joshua A. Mayes dated October 22, 2021., #1 Complaint. GRANTED. Defendants B. Riley Financial, Inc. and Bryant R. Riley shall file a response to the Complaint in this action on or before November 22, 2021. SO ORDERED. B. Riley Financial, Inc. answer due 11/22/2021; Bryant R. Riley answer due 11/22/2021. (Signed by Judge Mary Kay Vyskocil on 10/25/2021) (tg) (Entered: 10/25/2021)

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  • 10/22/2021
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  • Docket(#18) JOINT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint,,,, addressed to Judge Mary Kay Vyskocil from Joshua A. Mayes dated October 22, 2021. Document filed by B. Riley Financial, Inc., Bryant R. Riley..(Mayes, Joshua) (Entered: 10/22/2021)

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  • 10/06/2021
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  • Docket(#17) ORDER granting #14 Motion for Joshua Andreas Mayes to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz) (Entered: 10/06/2021)

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  • 10/06/2021
  • DocketSet/Reset Deadlines: B. Riley Financial, Inc. answer due 10/22/2021; Bryant R. Riley answer due 10/22/2021. (jca) (Entered: 10/06/2021)

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  • 10/06/2021
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  • Docket(#16) ORDER granting #15 LETTER MOTION for Extension of Time to Respond to the Complaint. GRANTED. Defendants B. Riley Financial, Inc. and Bryant R. Riley shall file a response to the Complaint in this action on or before October 22, 2021. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 10/6/2021) (jca) (Entered: 10/06/2021)

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  • 10/06/2021
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  • Docket(#15) LETTER MOTION for Extension of Time to Respond to the Complaint addressed to Judge Mary Kay Vyskocil from Jeffrey B. Korn dated October 6, 2021. Document filed by B. Riley Financial, Inc., Bryant R. Riley..(Korn, Jeffrey) (Entered: 10/06/2021)

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  • 10/06/2021
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  • Docket>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #14 MOTION for Joshua Andreas Mayes to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25152787. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea) (Entered: 10/06/2021)

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  • 10/05/2021
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  • Docket(#14) MOTION for Joshua Andreas Mayes to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25152787. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by B. Riley Financial, Inc., Bryant R. Riley. (Attachments: #1 Affidavit Affidavit of Joshua A. Mayes, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order).(Mayes, Joshua) (Entered: 10/05/2021)

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  • 10/01/2021
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  • Docket(#13) STIPULATION AND ORDER: IT IS HEREBY STIPULATED by and among the parties to this action, through their undersigned counsel, subject to the approval of the Court, that: 1. Franchise Group, Inc. shall not be required to file an answer or otherwise respond to the Complaint in this Action unless ordered by the Court to do so; and 2. Franchise Group, Inc. shall otherwise have all rights of a party to this action and shall not be prejudiced in any way for entering into this stipulation. (Signed by Judge Mary Kay Vyskocil on 10/1/2021) (tg) (Entered: 10/01/2021)

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  • 09/03/2021
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  • Docket(#12) WAIVER OF SERVICE RETURNED EXECUTED. B. Riley Financial, Inc. waiver sent on 8/9/2021, answer due 10/8/2021; Bryant R. Riley waiver sent on 8/9/2021, answer due 10/8/2021. Document filed by Calenture, LLC; Deborah Donoghue..(Hunter, James) (Entered: 09/03/2021)

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5 More Docket Entries
  • 07/20/2021
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  • Docket(#6) NOTICE OF APPEARANCE by David Lopez on behalf of Calenture, LLC, Deborah Donoghue..(Lopez, David) (Entered: 07/20/2021)

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  • 07/20/2021
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  • Docket(#5) NOTICE OF APPEARANCE by Miriam Deborah Tauber on behalf of Calenture, LLC, Deborah Donoghue..(Tauber, Miriam) (Entered: 07/20/2021)

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  • 07/16/2021
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  • Docket(#4) ELECTRONIC SUMMONS ISSUED as to B. Riley Financial, Inc., Franchise Group, Inc., Bryant R. Riley. (vf) (Entered: 07/16/2021)

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  • 07/16/2021
  • DocketCase Designated ECF. (vf) (Entered: 07/16/2021)

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  • 07/16/2021
  • DocketMagistrate Judge Sarah L. Cave 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf) (Entered: 07/16/2021)

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  • 07/16/2021
  • DocketCASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf) (Entered: 07/16/2021)

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  • 07/16/2021
  • Docket***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney James Austen Hunter. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1331sv Fed. Question: Securities Violation. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 15:78m(a) Securities Exchange Act. (vf) (Entered: 07/16/2021)

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  • 07/15/2021
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  • Docket(#3) REQUEST FOR ISSUANCE OF SUMMONS as to B. RILEY FINANCIAL, INC., BRYANT R. RILEY, and FRANCHISE GROUP, INC., re: #1 Complaint,,,,. Document filed by Calenture, LLC, Deborah Donoghue..(Hunter, James) (Entered: 07/15/2021)

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  • 07/15/2021
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  • Docket(#2) CIVIL COVER SHEET filed..(Hunter, James) (Entered: 07/15/2021)

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  • 07/15/2021
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  • Docket(#1) COMPLAINT against B. Riley Financial, Inc., Franchise Group, Inc., Bryant R. Riley. (Filing Fee $ 402.00, Receipt Number ANYSDC-24799740)Document filed by Calenture, LLC, Deborah Donoghue. (Attachments: #1 Exhibit A -- Form 13F-HR for 2020 Q1 filed May 14, 2020, #2 Exhibit B -- Form 4 filed April 9, 2020, #3 Exhibit C -- Form 4 filed April 28, 2020, #4 Exhibit D -- Form 4 filed June 30, 2020, #5 Exhibit E -- Form 4 filed September 4, 2020, #6 Exhibit F -- Form 4 Amendment filed October 20, 2020, #7 Exhibit G -- Form 4 filed January 27, 2021, #8 Exhibit H -- Schedule 13D Amendment No. 4 filed April 23, 2020, #9 Exhibit I -- Schedule 13D Amendment No. 5 filed July 2, 2020, #10 Exhibit J -- Share Purchase Agreement dated July 30, 2020, #11 Exhibit K -- Share Purchase Agreement dated September 2, 2020, #12 Exhibit L -- Excerpts from June 2020 Prospectus and Prospectus Supplement, #13 Exhibit M -- Underwriting Agreement dated June 25, 2020, #14 Exhibit N -- Underwriting Agreement Amendment No. 1 dated July 25, 2020).(Hunter, James) (Entered: 07/15/2021)

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