OWC Pharmaceutical Research Corp (OWCP)

[PhenixBleu]

LETTER TO THE COURT FILED OCTOBER 26, 2021

October 26, 2021

The Honorable Alvin K. Hellerstein
Daniel Patrick Moynihan Courthouse
United States Courthouse
500 Pearl Street New York,
New York 10007

Re: Discovery Growth Fund, LLC v. OWC Pharm. Research Corp. (S.D.N.Y.) Index No. 20-cv-2857

Dear Judge Hellerstein,

We represent plaintiff Discover Growth Fund, LLC (“Discover”) in the above-referenced matter. On July 23, 2021, Discover moved for summary judgment (the “Motion”) against defendant OWC Pharmaceutical Research Corp. (“OWCP”). [ECF 26-31.] On August 25, 2021, OWCP attempted to oppose the Motion by letter. [ECF 35.] On August 27, 2021, Discover filed a reply in further support of the Motion [ECF 36-38] virtually simultaneously with the Court’s order, on the same date, rejecting OWCP’s letter opposition. [ECF 39.]

Two months have transpired and OWCP has not filed any opposition to the Motion. Accordingly, Discover respectfully requests that the Court consider the Motion to be fully submitted and unopposed by OWCP and render a decision. Since the inception of this case, Discover has been unable to trade any shares of OWCP on the OTC market, due to OWCP’s failure to file current information as required in the parties’ agreements, and it urgently seeks the ability to do so. As a result, Discover has suffered and will continue to suffer harm until this Court enters a ruling on the Motion. We appreciate Your Honor’s time and attention to this matter.

Respectfully submitted,

Paul A. Saso Director

cc: Dov Schwell, Esq. Melinda Spitzer, Esq.

Case 1:20-cv-02857-AKH Document 40 Filed 10/26/21 Page 1 of 1