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Court Dockets
U.S. District Court
Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:20-cv-04554-JGK
Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:20-cv-04554-JGK
In Re Scworx Corp. Derivative Litigation
DOCKET INFORMATION
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| Plaintiff |
Javier Lozano derivatively on behalf of SCWORX CORP.Plaintiff
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| 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
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| |
| 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
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| 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
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| 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
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| Representation | |||
| Bruce Steven Rosen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED | |||
| Defendant |
Steven Wallitt
Defendant
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| Representation | |||
| Bruce Steven Rosen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED | |||
| Nominal Defendant |
SCWorx Corp.
Nominal Defendant
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| 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 | |||
Numbers shown are court assigned numbers.
| Entry | Filed | Description | |
|---|---|---|---|
| 1 | Jun 15, 2020 | View | COMPLAINT 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) |
| 2 | Jun 15, 2020 | Request | CIVIL COVER SHEET filed..(Brown, Timothy) (Entered: 06/15/2020) |
| 3 | Jun 15, 2020 | Request | REQUEST 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) |
| 4 | Jun 15, 2020 | Request | STATEMENT 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, 2020 | CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(jgo) (Entered: 06/16/2020) | ||
| Jun 16, 2020 | Case Designated ECF. (jgo) (Entered: 06/16/2020) | ||
| Jun 16, 2020 | CASE REFERRED TO Judge John G. Koeltl as possibly related to 20-cv-3349. (jgo) (Entered: 06/16/2020) | ||
| 5 | Jun 16, 2020 | Request | ELECTRONIC SUMMONS ISSUED as to Robert Christie, Charles K. Miller, SCWorx Corp., Marc S. Schessel, Steven Wallitt..(jgo) (Entered: 06/16/2020) |
| Jun 16, 2020 | CASE ACCEPTED AS RELATED. Create association to 1:20-cv-03349-JGK. Notice of Assignment to follow. (wb) (Entered: 06/16/2020) | ||
| Jun 16, 2020 | NOTICE OF CASE REASSIGNMENT to Judge John G. Koeltl. Judge Unassigned is no longer assigned to the case..(wb) (Entered: 06/16/2020) | ||
| Jun 16, 2020 | Magistrate 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) | ||
| 6 | Jun 16, 2020 | View | AFFIDAVIT 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) |
| 7 | Aug 6, 2020 | Request | NOTICE OF APPEARANCE by Carole Rose Bernstein on behalf of SCWorx Corp...(Bernstein, Carole) (Entered: 08/06/2020) |
| 8 | Aug 6, 2020 | Request | NOTICE OF APPEARANCE by Paul Richard Bessette on behalf of Marc S. Schessel..(Bessette, Paul) (Entered: 08/06/2020) |
| 9 | Aug 6, 2020 | Request | NOTICE OF APPEARANCE by Michael J Biles on behalf of Marc S. Schessel..(Biles, Michael) (Entered: 08/06/2020) |
| 10 | Aug 10, 2020 | Request | NOTICE OF APPEARANCE by Bruce Steven Rosen on behalf of Robert Christie, Charles K. Miller, Steven Wallitt..(Rosen, Bruce) (Entered: 08/10/2020) |
| 11 | Aug 12, 2020 | Request | PROPOSED STIPULATION AND ORDER. Document filed by Robert Christie, Charles K. Miller, SCWorx Corp., Marc S. Schessel, Steven Wallitt..(Bessette, Paul) (Entered: 08/12/2020) |
| 12 | Aug 12, 2020 | View | STIPULATION 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) |
| 13 | Aug 26, 2020 | Request | PROPOSED 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) |
| 14 | Aug 27, 2020 | View | JOINT 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, 2020 | Minute 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) | ||
| 15 | Sep 16, 2020 | Request | NOTICE 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) |
| 16 | Jun 4, 2021 | Request | NOTICE 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) |
| 17 | Feb 17, 2022 | Request | 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) |
| 18 | Feb 17, 2022 | Request | PROPOSED 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) |
| 19 | Feb 17, 2022 | View | MEMORANDUM 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) |
| 20 | Feb 17, 2022 | View | DECLARATION 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) | ||
| 21 | Feb 18, 2022 | Request | ORDER: 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, 2022 | Minute 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, 2022 | Minute Entry for proceedings held before Judge John G. Koeltl: Settlement Approval Hearing held on 3/21/2022. (Fletcher, Donnie) (Entered: 04/06/2022) | ||
| 22 | Mar 22, 2022 | Request | LETTER 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) |
| 23 | Mar 23, 2022 | Request | MEMO 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) |
| 24 | Mar 24, 2022 | Request | PROPOSED 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) | ||
| 25 | Mar 25, 2022 | Request | PRELIMINARY 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) |
| 26 | Apr 11, 2022 | Request | NOTICE 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) |
| 27 | Jun 1, 2022 | Request | 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) |
| 28 | Jun 1, 2022 | Request | FILING 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) |
| 29 | Jun 1, 2022 | Request | MEMORANDUM 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) |
| 30 | Jun 1, 2022 | Request | DECLARATION 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) | ||
| 31 | Jun 2, 2022 | Request | PROPOSED 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, 2022 | Minute 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) | ||
| 32 | Jun 22, 2022 | Request | NOTICE 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) |