1:21-CV-06087
07/15/2021
Pending - Other Pending
Finance - Security/Commodity/Exchange
Mary Kay Vyskocil
Calenture, LLC
Deborah Donoghue
B. Riley Financial, Inc.
Bryant R. Riley
Franchise Group, Inc.
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
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
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
(#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) 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) 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) 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)
Text of Proposed Order
Exhibit Certificate of Good Standing
Affidavit Affidavit of Joshua A. Mayes
Main Document
(#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)
Exhibit N -- Underwriting Agreement Amendment No. 1 dated July 25, 2020
Exhibit L -- Excerpts from June 2020 Prospectus and Prospectus Supplement
Exhibit I -- Schedule 13D Amendment No. 5 filed July 2, 2020
Exhibit E -- Form 4 filed September 4, 2020
Exhibit D -- Form 4 filed June 30, 2020
Exhibit C -- Form 4 filed April 28, 2020
Exhibit B -- Form 4 filed April 9, 2020
Exhibit A -- Form 13F-HR for 2020 Q1 filed May 14, 2020
Main Document
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)
[-] Read LessDocket(#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)
[-] Read LessDocket(#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)
[-] Read LessDocketSet/Reset Deadlines: B. Riley Financial, Inc. answer due 10/22/2021; Bryant R. Riley answer due 10/22/2021. (jca) (Entered: 10/06/2021)
[-] Read LessDocket(#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)
[-] Read LessDocket(#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)
[-] Read LessDocket>>>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)
[-] Read LessDocket(#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)
[-] Read LessDocket(#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)
[-] Read LessDocket(#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)
[-] Read LessDocket(#6) NOTICE OF APPEARANCE by David Lopez on behalf of Calenture, LLC, Deborah Donoghue..(Lopez, David) (Entered: 07/20/2021)
[-] Read LessDocket(#5) NOTICE OF APPEARANCE by Miriam Deborah Tauber on behalf of Calenture, LLC, Deborah Donoghue..(Tauber, Miriam) (Entered: 07/20/2021)
[-] Read LessDocket(#4) ELECTRONIC SUMMONS ISSUED as to B. Riley Financial, Inc., Franchise Group, Inc., Bryant R. Riley. (vf) (Entered: 07/16/2021)
[-] Read LessDocketCase Designated ECF. (vf) (Entered: 07/16/2021)
[-] Read LessDocketMagistrate 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)
[-] Read LessDocketCASE 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)
[-] Read LessDocket***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)
[-] Read LessDocket(#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)
[-] Read LessDocket(#2) CIVIL COVER SHEET filed..(Hunter, James) (Entered: 07/15/2021)
[-] Read LessDocket(#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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