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In Re Scworx Corp. Derivative Litigation, Docket No. 1:20-cv-04554 (S.D.N.Y. Jun 15, 2020), Court Docket
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In Re Scworx Corp. Derivative Litigation

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Court Dockets
nysd
U.S. District Court
Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:20-cv-04554-JGK

In Re Scworx Corp. Derivative Litigation

DOCKET INFORMATION
Minimize
Date Filed: Jun 15, 2020
Nature of suit:160 Stockholders Suits
Assigned to:Judge John G. Koeltl
Cause:28:1331sv Fed. Question: Securities Violation
Jurisdiction:Federal Question
Jury demand:Plaintiff
Member cases:
1:20-cv-06760-JGK
Related cases: 
1:20-cv-03349-JGK
1:20-cv-06760-JGK

Parties and Attorneys

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 Plaintiff
Javier Lozano
derivatively on behalf of SCWORX CORP.
Plaintiff
Representation
Phillip C. Kim
The Rosen Law Firm
275 Madison Avenue
40th Floor
New York, NY 10016
(212) 686-1060
Fax: (212) 202-3827
pkim@rosenlegal.com
ATTORNEY TO BE NOTICED
Timothy William Brown
The Brown Law Firm, P.C.
767 Third Avenue
Suite 2501
New York, NY 10017
(516) 922-5427
Fax: (516) 344-6204
tbrown@thebrownlawfirm.net
ATTORNEY TO BE NOTICED

 Consolidated Plaintiff
Josstyn Richter
derivatively on behalf of SCWorx Corp.
Consolidated Plaintiff
Representation
Phillip C. Kim
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Erica L. Stone
The Rosen Law Firm, P.A.
275 Madison Avenue
34th Floor
New York, NY 10016
(212) 686-1060
Fax: (212) 202-3827
estone@rosenlegal.com
ATTORNEY TO BE NOTICED

 Defendant
Marc S. Schessel
Defendant
Representation
Paul Richard Bessette
King and Spalding LLP
500 West 2nd Street Suite 1800
Austin, TX 78701
(512) 457-2050
Fax: (512) 457-2100
pbessette@kslaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Michael J Biles
King & Spalding, L.L.P. (Austin)
200 W. 2nd Street., Suite 1800
Austin, TX 78701
(512) 457-2000
Fax: (512) 457-7210
mbiles@kslaw.com
ATTORNEY TO BE NOTICED

 Defendant
Charles K. Miller
Defendant
Representation
Bruce Steven Rosen
Pashman Stein Walder Hayden, PC
101 Crawfords Corner Road
Ste 4202
Holmdel, NJ 07733
(201) 488-4878
brosen@pashmanstein.com
Bell Works
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 Defendant
Robert Christie
Defendant
Representation
Bruce Steven Rosen
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 Defendant
Steven Wallitt
Defendant
Representation
Bruce Steven Rosen
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 Nominal Defendant
SCWorx Corp.
Nominal Defendant
Representation
Carole Rose Bernstein
Law Offices of Carole R. Bernstein
41 Maple Avenue North
Westport, CT 06880
(203) 255-8698
Fax: (203) 259-4735
cbernsteinesq@gmail.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Docket Entries

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EntryFiledPDFDescription
1Jun 15, 2020ViewCOMPLAINT against Robert Christie, Charles K. Miller, SCWorx Corp., Marc S. Schessel, Steven Wallitt. (Filing Fee $ 400.00, Receipt Number ANYSDC-20256693)Document filed by Javier Lozano..(Brown, Timothy) (Entered: 06/15/2020)
2Jun 15, 2020RequestCIVIL COVER SHEET filed..(Brown, Timothy) (Entered: 06/15/2020)
3Jun 15, 2020RequestREQUEST FOR ISSUANCE OF SUMMONS as to Marc S. Schessel, Charles K. Miller, Robert Christie, Steven Wallitt, and SCWorx Corp., re: 1 Complaint. Document filed by Javier Lozano..(Brown, Timothy) (Entered: 06/15/2020)
4Jun 15, 2020RequestSTATEMENT OF RELATEDNESS re: that this action be filed as related to 1:20-cv-3349. Document filed by Javier Lozano..(Brown, Timothy) (Entered: 06/15/2020)
Jun 16, 2020***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Timothy William Brown. 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;. (jgo) (Entered: 06/16/2020)
Jun 16, 2020***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Timothy William Brown. The party information for the following party/parties has been modified: Javier Lozano. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (jgo) (Entered: 06/16/2020)
Jun 16, 2020CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(jgo) (Entered: 06/16/2020)
Jun 16, 2020Case Designated ECF. (jgo) (Entered: 06/16/2020)
Jun 16, 2020CASE REFERRED TO Judge John G. Koeltl as possibly related to 20-cv-3349. (jgo) (Entered: 06/16/2020)
5Jun 16, 2020RequestELECTRONIC SUMMONS ISSUED as to Robert Christie, Charles K. Miller, SCWorx Corp., Marc S. Schessel, Steven Wallitt..(jgo) (Entered: 06/16/2020)
Jun 16, 2020CASE ACCEPTED AS RELATED. Create association to 1:20-cv-03349-JGK. Notice of Assignment to follow. (wb) (Entered: 06/16/2020)
Jun 16, 2020NOTICE OF CASE REASSIGNMENT to Judge John G. Koeltl. Judge Unassigned is no longer assigned to the case..(wb) (Entered: 06/16/2020)
Jun 16, 2020Magistrate Judge Stewart D. Aaron 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. (wb) (Entered: 06/16/2020)
6Jun 16, 2020ViewAFFIDAVIT OF SERVICE of Summons and Complaint. SCWorx Corp. served on 6/16/2020, answer due 7/7/2020. Service was accepted by Amy McLaren, Managing Agent. Document filed by Javier Lozano..(Brown, Timothy) (Entered: 06/16/2020)
7Aug 6, 2020RequestNOTICE OF APPEARANCE by Carole Rose Bernstein on behalf of SCWorx Corp...(Bernstein, Carole) (Entered: 08/06/2020)
8Aug 6, 2020RequestNOTICE OF APPEARANCE by Paul Richard Bessette on behalf of Marc S. Schessel..(Bessette, Paul) (Entered: 08/06/2020)
9Aug 6, 2020RequestNOTICE OF APPEARANCE by Michael J Biles on behalf of Marc S. Schessel..(Biles, Michael) (Entered: 08/06/2020)
10Aug 10, 2020RequestNOTICE OF APPEARANCE by Bruce Steven Rosen on behalf of Robert Christie, Charles K. Miller, Steven Wallitt..(Rosen, Bruce) (Entered: 08/10/2020)
11Aug 12, 2020RequestPROPOSED STIPULATION AND ORDER. Document filed by Robert Christie, Charles K. Miller, SCWorx Corp., Marc S. Schessel, Steven Wallitt..(Bessette, Paul) (Entered: 08/12/2020)
12Aug 12, 2020ViewSTIPULATION AND ORDER, IT IS HEREBY STIPULATED AND AGREED, by and between the attorneys for the undersigned parties to this Action, as follows: Counsel for the Individual Defendants hereby accept service of the summons and complaint filed in this Derivative Action; All proceedings and deadlines in this Derivative Action, including the filing of pleadings, motion practice, and any discovery, shall be stayed pending resolution of the anticipated motion to dismiss the lead plaintiff or lead plaintiffs' forthcoming consolidated complaint in the Securities Class Action; Defendants shall promptly notify Plaintiff of any related derivative actions that they become aware of; Defendants shall promptly notify Plaintiff if any such related derivative action is not stayed for the same duration as the stay of this Derivative Action; Plaintiff may lift the stay upon thirty (30) days notice to Defendants' undersigned counsel by email, in the event any related derivative action is not stayed for the same duration as the stay of this Derivative Action; During the pendency of the stay, Plaintiff may file an amended complaint, but Defendants need not answer, move, or otherwise respond thereto during the pendency of the stay; Upon termination of the stay, Defendants shall not move to stay this Derivative Action in deference to another derivative action; Within twenty (20) days after the termination of the stay, the parties shall meet and confer and submit a proposed scheduling order governing further proceedings in this Derivative Action; The Parties expressly preserve, and do not waive, any and all claims, rights and defenses, objections, and arguments in this Derivative Action, except as to sufficiency of service of process. IT IS SO ORDERED. (Case stayed.) (Signed by Judge John G. Koeltl on 8/12/20) (yv) (Entered: 08/13/2020)
13Aug 26, 2020RequestPROPOSED STIPULATION AND ORDER. Document filed by Javier Lozano. (Attachments: # 1 Exhibit Resume of the Brown Law Firm, P.C., # 2 Exhibit Resume of the Rosen Law Firm, P.A.).(Brown, Timothy) (Entered: 08/26/2020)
14Aug 27, 2020ViewJOINT STIPULATION AND ORDER CONSOLIDATING RELATED SHAREHOLDER DERIVATIVE ACTIONS AND APPOINTING CO-LEAD COUNSEL: WHEREFORE, the parties, through their undersigned counsel, hereby agree, stipulate, and respectfully request that the Court enter an Order as follows: 1. The stay of proceedings ordered in the Lozano Action is temporarily lifted for the sole and limited purpose of the filing of, and ruling on, this stipulation and (proposed) order. 2. The following actions are hereby consolidated for all purposes, including pre-trial proceedings and trial, under Case No. 1:20-CV-04554-JGK (the "Consolidated Action"), pursuant to Federal Rule of Civil Procedure 42(a) as further set forth herein. All papers filed in connection with the Consolidated Action will be maintained in one file under Lead Case No. 1:20-cv-04554-JGK. As further set forth. Every pleading filed in the Consolidated Action, or in any separate action included herein, must bear the following caption: IN RE SCWORX CORP. DERIVATIVE LITIGATION. 4. All papers filed in connection with the Consolidated Action will be maintained in one file under Lead Case No. 1:20-cv-04554-JGK. 5. Co-Lead Counsel for plaintiffs for the conduct of the Consolidated Action shall be: THE BROWN LAW FIRM, P.C. Timothy Brown 240 Townsend Square Oyster Bay, NY 11771 Tel: (516) 922-5427 Fax: (516) 344-6204 Email: tbrown@thebrownlawfirm.net; THE ROSEN LAW FIRM, P.A. Phillip Kim 275 Madison Avenue, 40th Floor New York, NY 10016 Tel: (212) 686-1060 Fax: (212) 202-3827 Email: pkim@rosenlegal.com. As further set forth in this Order. IT IS SO ORDERED. (Signed by Judge John G. Koeltl on 8/27/2020) Case Stay Lifted. Filed In Associated Cases: 1:20-cv-04554-JGK, 1:20-cv-06760-JGK (ks) Modified on 8/28/2020 (ks). (Entered: 08/28/2020)
Sep 3, 2020Minute Entry for proceedings held before Judge John G. Koeltl: Oral Argument set for 9/17/2020 at 02:30 PM before Judge John G. Koeltl, in the following cases: 20 civ 4072, 20 civ 3349 and 20 civ 4777. Associated Cases: 1:20-cv-04554-JGK, 1:20-cv-06760-JGK(Fletcher, Donnie) (Entered: 09/03/2020)
15Sep 16, 2020RequestNOTICE OF APPEARANCE by Erica L. Stone on behalf of Josstyn Richter. Filed In Associated Cases: 1:20-cv-04554-JGK, 1:20-cv-06760-JGK.(Stone, Erica) (Entered: 09/16/2020)
16Jun 4, 2021RequestNOTICE OF CHANGE OF ADDRESS by Timothy William Brown on behalf of Javier Lozano, Josstyn Richter. New Address: The Brown Law Firm, P.C., 767 Third Avenue, Suite 2501, New York, NY, United States 10017, 5169225427..(Brown, Timothy) (Entered: 06/04/2021)
17Feb 17, 2022RequestMOTION for Settlement Plaintiffs' Unopposed Motion for Preliminary Approval of Derivative Settlement. Document filed by Javier Lozano, Josstyn Richter..(Kim, Phillip) (Entered: 02/17/2022)
18Feb 17, 2022RequestPROPOSED ORDER. Document filed by Javier Lozano, Josstyn Richter. Related Document Number: [Dkt. No. 17]..(Kim, Phillip) Proposed Order to be reviewed by Clerk's Office staff. (Entered: 02/17/2022)
19Feb 17, 2022ViewMEMORANDUM OF LAW in Support re: 17 MOTION for Settlement Plaintiffs' Unopposed Motion for Preliminary Approval of Derivative Settlement. . Document filed by Javier Lozano, Josstyn Richter..(Kim, Phillip) (Entered: 02/17/2022)
20Feb 17, 2022ViewDECLARATION of Timothy Brown in Support re: 17 MOTION for Settlement Plaintiffs' Unopposed Motion for Preliminary Approval of Derivative Settlement.. Document filed by Javier Lozano, Josstyn Richter. (Attachments: # 1 Exhibit 1 - Stipulation of Settlement).(Kim, Phillip) (Entered: 02/17/2022)
Feb 18, 2022***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 18 Proposed Order was reviewed and approved as to form. (dt) (Entered: 02/18/2022)
21Feb 18, 2022RequestORDER: The plaintiffs have moved for preliminary approval of the settlement of the Derivative Litigation. The Court will hold a hearing together with the hearing on the preliminary approval of the Class Action settlement. Any responses should be filed by February 28, 2022. Any replies should be filed by March 11, 2022. The Court will hold a hearing on both motions, by telephone, on March 21, 2022, at 11:00 a.m. Dial-in: (888) 363-4749, with access code 8140049. SO ORDERED. ( Responses due by 2/28/2022, Replies due by 3/11/2022., Telephone Conference set for 3/21/2022 at 11:00 AM before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 2/18/2022) (vfr) (Entered: 02/18/2022)
Mar 18, 2022Minute Entry for proceedings held before Judge John G. Koeltl: Settlement Approval Hearing set for 3/21/2022 at 11:00 AM adjourned to 03:30 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie) (Entered: 03/18/2022)
Mar 21, 2022Minute Entry for proceedings held before Judge John G. Koeltl: Settlement Approval Hearing held on 3/21/2022. (Fletcher, Donnie) (Entered: 04/06/2022)
22Mar 22, 2022RequestLETTER addressed to Judge John G. Koeltl from Carole R. Bernstein, Esq. dated March 22, 2022 re: notice requirement in derivative action. Document filed by SCWorx Corp...(Bernstein, Carole) (Entered: 03/22/2022)
23Mar 23, 2022RequestMEMO ENDORSEMENT on re: 22 Letter filed by SCWorx Corp. ENDORSEMENT: The Court will approve the current notice proposal as sufficient without the addition of publication notice in a newspaper such as Investor's Business Daily. SO ORDERED. (Signed by Judge John G. Koeltl on 3/22/2022) (ks) Modified on 3/23/2022 (ks). (Entered: 03/23/2022)
24Mar 24, 2022RequestPROPOSED ORDER. Document filed by Javier Lozano, Josstyn Richter. Related Document Number: [17 (Updated [Proposed] Preliminary Approval Order with Settlement Hearing Date)]..(Kim, Phillip) Proposed Order to be reviewed by Clerk's Office staff. (Entered: 03/24/2022)
Mar 25, 2022***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 24 Proposed Order was reviewed and approved as to form. (km) (Entered: 03/25/2022)
25Mar 25, 2022RequestPRELIMINARY APPROVAL ORDER: NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED AS FOLLOWS: 1. This Court preliminarily approves, subject to further consideration at the Settlement Hearing described below, the Settlement as set forth in the Stipulation as being fair, reasonable, and adequate. 2. A hearing shall be held on June 29, 2022 at 2:30 p.m., before the Honorable John G. Koeltl, at the U.S. District Court for the Southern District of New York, 500 Pearl Street, New York, New York 10007 (the "Settlement Hearing"), at which the Court will determine: (i) whether the terms of the Stipulation should be approved as fair, reasonable, and adequate; (ii) whether all Released Claims against the Released Persons should be fully and finally released; (iii) whether the agreed-to Fee and Expense Amount as well as the Service Awards should be approved; and (iv) such other matters as the Court may deem appropriate. As further set forth in this Order. IT IS SO ORDERED. (Signed by Judge John G. Koeltl on 3/25/2022) ( Settlement Conference set for 6/29/2022 at 02:30 PM before Judge John G. Koeltl.) (ks) (Entered: 03/25/2022)
26Apr 11, 2022RequestNOTICE of Declaration of Carole R. Bernstein re: 25 Order, Set Hearings,,,,,,,,. Document filed by SCWorx Corp.. (Attachments: # 1 Exhibit Press Release).(Bernstein, Carole) (Entered: 04/11/2022)
27Jun 1, 2022RequestMOTION for Settlement Plaintiffs' Notice of Motion and Motion for Final Approval of Settlement. Document filed by Javier Lozano, Josstyn Richter..(Kim, Phillip) (Entered: 06/01/2022)
28Jun 1, 2022RequestFILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED JUDGMENT. Document filed by Javier Lozano, Josstyn Richter..(Kim, Phillip) Proposed Judgment to be reviewed by Clerk's Office staff. Modified on 6/2/2022 (km). (Entered: 06/01/2022)
29Jun 1, 2022RequestMEMORANDUM OF LAW in Support re: 27 MOTION for Settlement Plaintiffs' Notice of Motion and Motion for Final Approval of Settlement. . Document filed by Javier Lozano, Josstyn Richter..(Kim, Phillip) (Entered: 06/01/2022)
30Jun 1, 2022RequestDECLARATION of Timothy Brown in Support re: 27 MOTION for Settlement Plaintiffs' Notice of Motion and Motion for Final Approval of Settlement.. Document filed by Javier Lozano, Josstyn Richter. (Attachments: # 1 Exhibit A - The Brown Law Firm, P.C.'s Firm Resume, # 2 Exhibit B - Declaration of Phillip Kim, # 3 Exhibit C - Declaration of Thomas J. McKenna, # 4 Exhibit D - Declaration of Ryan M. Ernst, # 5 Exhibit E - Final Order and Judgment in Wilfred v. Modany, 13-cv-3110 (S.D.N.Y.)).(Kim, Phillip) (Entered: 06/01/2022)
Jun 2, 2022***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED JUDGMENT. Notice to attorney Phillip Kim to RE-FILE Document No. 28 Proposed Judgment. The filing is deficient for the following reason(s): The title of the document should be a Proposed Judgment, please remove the word Order from the title. Re-file the document using the event type Proposed Judgment found under the event list Proposed Orders. (km) (Entered: 06/02/2022)
31Jun 2, 2022RequestPROPOSED JUDGMENT. Document filed by Javier Lozano, Josstyn Richter..(Kim, Phillip) Proposed Judgment to be reviewed by Clerk's Office staff. (Entered: 06/02/2022)
Jun 2, 2022***NOTICE TO COURT REGARDING PROPOSED JUDGMENT. Document No. 31 Proposed Judgment was reviewed and approved as to form. (km) (Entered: 06/02/2022)
Jun 9, 2022Minute Entry for proceedings held before Judge John G. Koeltl: Fairness Hearing set for 6/29/2022 at 02:30 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. Associated Cases: 1:20-cv-04554-JGK, 1:20-cv-06760-JGK(Fletcher, Donnie) (Entered: 06/09/2022)
32Jun 22, 2022RequestNOTICE of No Objectors re: 27 MOTION for Settlement Plaintiffs' Notice of Motion and Motion for Final Approval of Settlement.. Document filed by Javier Lozano, Josstyn Richter..(Kim, Phillip) (Entered: 06/22/2022)

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