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ECF
U.S. District Court
Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:17-cv-06966-GHW

Alpha Capital Anstalt et al v. Imaging3, Inc.

Assigned to: Judge Gregory H. Woods
Cause: 28:1332ni Diversity-Negotiable Instrument
Date Filed: 09/13/2017

Jury Demand: Both
Nature of Suit: 140 Negotiable Instrument
Jurisdiction: Diversity

Date Filed # Docket Text
09/13/2017 1 COMPLAINT against Imaging3, Inc.. (Filing Fee $ 400.00, Receipt Number 0208-14122209)Document filed by Alpha Capital Anstalt, Brio Capital Master Fund, Ltd..(Hoffner, David) (Entered: 09/13/2017)
09/13/2017 2 FILING ERROR - DEFICIENT SUMMONS REQUEST - BASIS OF JURISDICTION ERROR CIVIL COVER SHEET filed. (Hoffner, David) Modified on 9/14/2017 (kl). (Entered: 09/13/2017)
09/13/2017 3 REQUEST FOR ISSUANCE OF SUMMONS as to Imaging3, Inc., re: 1 Complaint. Document filed by Alpha Capital Anstalt, Brio Capital Master Fund, Ltd.. (Hoffner, David) (Entered: 09/13/2017)
09/13/2017 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Alpha Capital Anstalt.(Hoffner, David) (Entered: 09/13/2017)
09/13/2017 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Brio Capital Master Fund, Ltd..(Hoffner, David) (Entered: 09/13/2017)
09/14/2017 ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney David Scott Hoffner to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): PLEASE ENTER THE BASIS OF JURISDICTION USED WHEN CREATING THE ACTION. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at
http://nysd.uscourts.gov/file/forms/civil-cover-sheet. (kl) (Entered: 09/14/2017)
09/14/2017 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. 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 http://nysd.uscourts.gov/ecf_filing.php. (kl) (Entered: 09/14/2017)
09/14/2017 Magistrate Judge Barbara C. Moses 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: http://nysd.uscourts.gov/forms.php. (kl) (Entered: 09/14/2017)
09/14/2017 Case Designated ECF. (kl) (Entered: 09/14/2017)
09/14/2017 6 ELECTRONIC SUMMONS ISSUED as to Imaging3, Inc. (kl) (Entered: 09/14/2017)
09/14/2017 7 CIVIL COVER SHEET filed. (Hoffner, David) (Entered: 09/14/2017)
09/19/2017 8 WAIVER OF SERVICE RETURNED EXECUTED. Imaging3, Inc. waiver sent on 9/19/2017, answer due 11/20/2017. Document filed by Imaging3, Inc.. (Coscia, Nicholas) (Entered: 09/19/2017)
09/25/2017 9 LETTER MOTION for Leave to File Affidavit of Service addressed to Judge Gregory H. Woods from David S. Hoffner dated September 25, 2017. Document filed by Alpha Capital Anstalt, Brio Capital Master Fund, Ltd.. (Attachments: # 1 Exhibit Affidavit of Service, # 2 Exhibit Waiver of Service of Summons, # 3 Exhibit Email Correspodence)(Hoffner, David) (Entered: 09/25/2017)
09/27/2017 10 ORDER with respect to 9 LETTER MOTION for Leave to File Affidavit of Service addressed to Judge Gregory H. Woods from David S. Hoffner dated September 25, 2017. Document filed by Alpha Capital Anstalt, Brio Capital Master Fund, Ltd. The Court will hold a conference with respect to this matter by telephone on September 29, 2017 at 2:30 p.m. The parties are directed to call Chambers (212-805-0296) at that time with all parties on the line. Plaintiffs are further directed to serve a copy of this order on Defendant and to retain proof of service. So ordered. (Signed by Judge Gregory H. Woods on 9/27/2017) (rjm) (Entered: 09/27/2017)
09/27/2017 Set/Reset Hearings: Telephone Conference set for 9/29/2017 at 02:30 PM before Judge Gregory H. Woods. (rjm) (Entered: 09/27/2017)
09/28/2017 11 NOTICE OF APPEARANCE by Mark David Hunter on behalf of Imaging3, Inc.. (Hunter, Mark) (Entered: 09/28/2017)
09/28/2017 12 NOTICE OF APPEARANCE by Jenny D Johnson-Sardella on behalf of Imaging3, Inc.. (Johnson-Sardella, Jenny) (Entered: 09/28/2017)
09/29/2017 Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 9/29/2017. (Court Reporter Eve Giniger) (Daniels, Anthony) (Entered: 09/29/2017)
09/29/2017 13 ORDER granting 9 Letter Motion for Leave to File Document. As stated on the record during the telephone conference on September 29, 2017, the Clerk of Court is directed to accept for filing the Affidavit of Service attached as Exhibit 1 to Plaintiffs' letter dated September 25, 2017, Dkt. No. 9. SO ORDERED. (Signed by Judge Gregory H. Woods on 9/29/2017) (anc) (Entered: 09/29/2017)
09/29/2017 14 AFFIDAVIT OF SERVICE. Imaging3, Inc. served on 9/18/2017, answer due 10/10/2017. Service was accepted by Richard Farkas. Document filed by Alpha Capital Anstalt; Brio Capital Master Fund, Ltd. (anc) (Entered: 09/29/2017)
10/02/2017 15 CONSENT LETTER MOTION for Extension of Time to File a Response to Plaintiff's Complaint addressed to Judge Gregory H. Woods from Jenny Johnson-Sardella dated October 2, 2017. Document filed by Imaging3, Inc..(Johnson-Sardella, Jenny) (Entered: 10/02/2017)
10/02/2017 16 ORDER granting 15 Letter Motion for Extension of Time. Application granted. The deadline for Defendant to answer or otherwise respond to the complaint is extended to October 23, 2017. SO ORDERED. (Signed by Judge Gregory H. Woods on 10/2/2017) (anc) (Entered: 10/02/2017)
10/02/2017 Set/Reset Deadlines: Imaging3, Inc. answer due 10/23/2017. (anc) (Entered: 10/02/2017)
10/04/2017 17 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 10/23/2017 at 02:00 PM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods; and as further set forth in this Order. SO ORDERED. (Signed by Judge Gregory H. Woods on 10/4/2017) (anc) (Entered: 10/04/2017)
10/16/2017 18 LETTER addressed to Judge Gregory H. Woods from David S. Hoffner dated October 16, 2017 re: Joint Status Report. Document filed by Alpha Capital Anstalt, Brio Capital Master Fund, Ltd..(Hoffner, David) (Entered: 10/16/2017)
10/23/2017 Minute Entry for proceedings held before Judge Gregory H. Woods: Initial Pretrial Conference held on 10/23/2017. (Court Reporter Eve Giniger) (Daniels, Anthony) (Entered: 10/23/2017)
10/24/2017 19 ORDER. As stated on the record during the initial pretrial conference in this matter on October 23, 2017, the time within which Defendant may answer or otherwise respond to the complaint is extended to October 26, 2017. As set forth in Rule 2(C) of the Court's Individual Rules of Practice in Civil Cases, Defendant's obligation to answer or otherwise respond to the complaint will be stayed if Defendant files a pre-motion letter regarding its anticipated motion to dismiss no later than October 26, 2017. (HEREBY ORDERED by Judge Gregory H. Woods on October 24, 2017) (Text Only Order)(Woods, Gregory) (Entered: 10/24/2017)
10/24/2017 20 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Motions for summary judgment, if any, shall be filed no later than 5/9/2018. Depositions pursuant to Fed. R. Civ. P. 30, 31 shall be completed by 2/23/2018. Fact Discovery due by 2/23/2018. Expert Discovery due by 4/9/2018. Status Conference set for 4/23/2018 at 04:00 PM before Judge Gregory H. Woods. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is one week. (Signed by Judge Gregory H. Woods on 10/24/2017) (mro) (Entered: 10/24/2017)
10/26/2017 21 LETTER MOTION for Conference re: 1 Complaint addressed to Judge Gregory H. Woods from Mark David Hunter, Esq. dated October 26, 2017. Document filed by Imaging3, Inc..(Hunter, Mark) (Entered: 10/26/2017)
10/27/2017 22 ORDER granting 21 Letter Motion for Conference. Application granted. The Court will hold a pre-motion conference by telephone to discuss Defendant's anticipated motion to dismiss on October 31, 2017 at 3:00 p.m. The parties are directed to jointly call Chambers (212-805-0296) at that time with all parties on the line. SO ORDERED. (Telephone Conference set for 10/31/2017 at 03:00 PM before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 10/27/2017) (anc) (Entered: 10/27/2017)
10/30/2017 23 LETTER MOTION for Conference re: 22 Order on Motion for Conference, addressed to Judge Gregory H. Woods from David S. Hoffner dated October 30, 2017. Document filed by Alpha Capital Anstalt, Brio Capital Master Fund, Ltd..(Hoffner, David) (Entered: 10/30/2017)
10/31/2017 Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 10/31/2017. (Court Reporter Sam Mauro) (Daniels, Anthony) (Entered: 11/01/2017)
11/02/2017 24 ORDER. As stated on the record during the telephone conference on October 31, 2017, Defendant's motion to dismiss Plaintiff's complaint is due no later than November 14, 2017. Plaintiffs' opposition to the motion to dismiss is due no later than three weeks after service of the motion. Defendant's reply, if any, is due no later than one week after service of Plaintiffs' opposition. Plaintiffs' motion for a temporary restraining order and preliminary injunction is due no later than November 7, 2017. Defendant's opposition to that motion is due no later than November 15, 2017. Plaintiffs' reply, if any, is due no later than November 17, 2017. As was discussed during the October 31, 2017 conference, the Court would like to accommodate Plaintiffs' request to hold a hearing on their motion prior to November 25, 2017. Unfortunately, the Court's calendar simply will not permit it. Therefore, the Court will hold a hearing on Plaintiffs' motion on November 28, 2017 at 10:00 a.m. in Courtroom 12C of the United States District Court for the Southern District of New York, Daniel Patrick Moynihan U.S. Courthouse at 500 Pearl Street, New York, New York 10007. Because the Court is unable to schedule the hearing prior to November 25, 2017, the parties may apply for additional time within which to brief Plaintiffs' motion if they believe additional time is needed. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 23. (Signed by Judge Gregory H. Woods on November 2, 2017) (Woods, Gregory) (Entered: 11/02/2017)
11/03/2017 25 LETTER addressed to Judge Gregory H. Woods from David S. Hoffner dated November 3, 2017 re: request for revised briefing schedule. Document filed by Alpha Capital Anstalt, Brio Capital Master Fund, Ltd..(Hoffner, David) (Entered: 11/03/2017)
11/03/2017 26 MEMO ENDORSEMENT on re: 25 Letter filed by Brio Capital Master Fund, Ltd., Alpha Capital Anstalt. ENDORSEMENT: Application granted with modification. The deadline for Plaintiffs to file their motion for a temporary restraining order and preliminary injunction is extended to November 10, 2017. The deadline for Defendant's opposition is extended to November 17, 2017. The deadline for Plaintiffs' reply, if any, is extended to November 20, 2017 at 12:00 p.m. ( Motions due by 11/10/2017., Responses due by 11/17/2017, Replies due by 11/20/2017.) (Signed by Judge Gregory H. Woods on 11/3/2017) (mro) (Entered: 11/06/2017)
11/07/2017 27 TRANSCRIPT of Proceedings re: CONFERENCE held on 10/23/2017 before Judge Gregory H. Woods. Court Reporter/Transcriber: Eve Giniger, [phone]. 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 11/28/2017. Redacted Transcript Deadline set for 12/8/2017. Release of Transcript Restriction set for 2/5/2018.(McGuirk, Kelly) (Entered: 11/07/2017)
11/07/2017 28 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/23/17 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: 11/07/2017)
11/10/2017 29 MOTION for Preliminary Injunction . Document filed by Alpha Capital Anstalt, Brio Capital Master Fund, Ltd..(Hoffner, David) (Entered: 11/10/2017)
11/10/2017 30 MEMORANDUM OF LAW in Support re: 29 MOTION for Preliminary Injunction . . Document filed by Alpha Capital Anstalt, Brio Capital Master Fund, Ltd.. (Hoffner, David) (Entered: 11/10/2017)
11/10/2017 31 DECLARATION of Shaye Hirsch in Support re: 29 MOTION for Preliminary Injunction .. Document filed by Brio Capital Master Fund, Ltd.. (Attachments: # 1 Exhibit Note, dated 10-27-15, # 2 Exhibit Note, dated 2-27-16, # 3 Exhibit Note, dated 10-26-16, # 4 Exhibit Note, dated 1-6-17, # 5 Exhibit Note, dated 1-25-17, # 6 Exhibit Note, dated 2-24-17, # 7 Exhibit Note, dated 3-24-17, # 8 Exhibit Note Amendment Agreement, dated 1-5-17)(Hoffner, David) (Entered: 11/10/2017)
11/10/2017 32 DECLARATION of Yosef Milgrom in Support re: 29 MOTION for Preliminary Injunction .. Document filed by Alpha Capital Anstalt. (Attachments: # 1 Complaint, # 2 Note, dated 4-27-15, # 3 Note, dated 8-27-15, # 4 Note, dated 5-4-16, # 5 Note, dated 1-6-17, # 6 Note, dated 1-25-17, # 7 Note, dated 2-24-17, # 8 Note, dated 3-24-17, # 9 SPA, dated 4-27-15, # 10 Note Amendment Agreement, dated 1-5-17, # 11 Warrant, dated 7-30-13, # 12 Warrant Exercise, dated 6-6-17, # 13 Stock Certificate, dated 8-16-17, # 14 Form 10-K/A, dated 5-9-17, # 15 Form 10-Q, dated 5-22-17, # 16 Form 10-Q, dated 8-4-17, # 17 Form 8-K, dated 5-31-17, # 18 Bankruptcy Docket, # 19 Imaging3 Bankruptcy Motion, dated 7-9-13, # 20 District Court (C.D. Cal.) Order, dated 3-3-14)(Hoffner, David) (Entered: 11/10/2017)
11/14/2017 33 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Imaging3, Inc..(Hunter, Mark) (Entered: 11/14/2017)
11/14/2017 34 ANSWER to 1 Complaint with JURY DEMAND. Document filed by Imaging3, Inc..(Hunter, Mark) (Entered: 11/14/2017)
11/17/2017 35 MEMORANDUM OF LAW in Opposition re: 29 MOTION for Preliminary Injunction . . Document filed by Imaging3, Inc.. (Johnson-Sardella, Jenny) (Entered: 11/17/2017)
11/17/2017 36 DECLARATION of Dane Medley in Opposition re: 29 MOTION for Preliminary Injunction .. Document filed by Imaging3, Inc.. (Johnson-Sardella, Jenny) (Entered: 11/17/2017)
11/20/2017 37 REPLY MEMORANDUM OF LAW in Support re: 29 MOTION for Preliminary Injunction . . Document filed by Alpha Capital Anstalt, Brio Capital Master Fund, Ltd.. (Hoffner, David) (Entered: 11/20/2017)
11/20/2017 38 DECLARATION of Yosef Milgrom in Support re: 29 MOTION for Preliminary Injunction .. Document filed by Alpha Capital Anstalt. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Hoffner, David) (Entered: 11/20/2017)
11/28/2017 Minute Entry for proceedings held before Judge Gregory H. Woods: Oral Argument held on 11/28/2017 re: 29 MOTION for Preliminary Injunction . filed by Brio Capital Master Fund, Ltd., Alpha Capital Anstalt. (Court Reporter Alena Lynch) (Daniels, Anthony) (Entered: 11/28/2017)
11/29/2017 39 ORDER denying 29 Motion for Preliminary Injunction. For the reasons stated on the record during the conference on November 28, 2017, plaintiffs' motion for a preliminary injunction is denied. After a review of the docket, the Court notes that a case management plan was ordered on October 24, 2017. Dkt. No. 20. In light of today's conference, the parties may file a joint letter proposing a modified case management plan if they believe it to be necessary. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory) (Entered: 11/29/2017)
12/05/2017 40 LETTER MOTION for Conference addressed to Judge Gregory H. Woods from David S. Hoffner dated Dec. 5, 2017. Document filed by Alpha Capital Anstalt, Brio Capital Master Fund, Ltd..(Hoffner, David) (Entered: 12/05/2017)
12/06/2017 41 ORDER granting 40 Letter Motion for Conference. Application granted. The Court will hold a pre-motion conference to discuss Plaintiff's anticipated motion for summary judgment on December 21, 2017 at 3:00 p.m. in Courtroom 12C of the United States District Court for the Southern District of New York at 500 Pearl Street, New York, New York 10007. SO ORDERED. (Pre-Motion Conference set for 12/21/2017 at 03:00 PM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 12/6/2017) (anc) (Entered: 12/06/2017)
12/08/2017 42 ORDER. The pre-motion conference scheduled for December 21, 2017 is adjourned to January 3, 2018 at 3:00 p.m. The Court will hold the conference telephonically. The parties are directed to jointly call Chambers (212-805-0296) at that time with all parties on the line. (HEREBY ORDERED by Judge Gregory H. Woods on December 8, 2017) (Text Only Order)(Woods, Gregory) (Entered: 12/08/2017)
12/11/2017 43 LETTER RESPONSE in Opposition to Motion addressed to Judge Gregory H. Woods from Jenny Johnson-Sardella dated December 11, 2017 re: 40 LETTER MOTION for Conference addressed to Judge Gregory H. Woods from David S. Hoffner dated Dec. 5, 2017. . Document filed by Imaging3, Inc.. (Johnson-Sardella, Jenny) (Entered: 12/11/2017)
12/12/2017 44 TRANSCRIPT of Proceedings re: conference held on 11/28/2017 before Judge Gregory H. Woods. Court Reporter/Transcriber: Alena Lynch, [phone]. 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 1/2/2018. Redacted Transcript Deadline set for 1/12/2018. Release of Transcript Restriction set for 3/12/2018.(McGuirk, Kelly) (Entered: 12/12/2017)
12/12/2017 45 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 11/28/17 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: 12/12/2017)