EFTA00072158¶
Subject: Fw: Formal appeal for covered action 2015-016/ Knight Capital TCR & Appendix¶
SDNY Judges et al,¶
You were played for fools by the SEC.¶
Irrefutable.¶
OPINION AND ORDER GRANTING MOTIONS TO DISMISS re: 66 MOTION to Dismiss the Amended Complaint and Partial Joinder in Motion by Defendants Fred Sacramone, James Shiah, Jeanne Kingsley, and Stephen Berini to Dismiss the Amended Complain t filed by Brad Mitchell, Christopher Ferguson, Luisa Ingargiola, Patrick O’Hare, 63 MOTION to Dismiss the Amended Complaint filed by Lynn Martin, 99 MOTION to Take Judicial Notice filed by Efraim Bare nbaum, IRA, 59 MOTION to Dismiss Amended Complaint filed by James Shiah, Jeanne Kingsley, Stephen Berini, Fred Sacramone. After a series of revelations of corporate misconduct by executives at FTE Networks, Inc., Plaintiff Ephraim Barenbaum, IRA, brought this action derivatively to recover on behalf of the company for that wrongdoing. In addition to the responsible actors, Barenbaum sued certain members of the FTE Board. However, Barenbaum’s Amended Complai n fails to allege that demand on the now-existing FTE Board of Directors would have been futile, as he must, to have standing to bring a derivative case. As a result, the Amended Complaint is dismissed with prejudice. Alternatively, all claims against Defendants Sacramone, Shiah, Ferguson, Ingargiola, Mitchell, O’Hare, Martin, Kingsley, and Berini are dismissed pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. The Court also grants Pla intiff’s motion for judicial notice as set forth herein. In summary, the Court grants the motions to dismiss at ECF #59, 63, and 66 with prejudice and grants the motion for judicial notice at ECF #99. The Clerk of Court respectfully is requested to close the case. (Signed by Judge Mary Kay Vyskocil on 9/30/2020).(mro) Transmission to Orders and Judgments Clerk for processing. (justia.com)¶
It ALL continues under new “management”. Fraud notes with new management will lead to further dilution and investor losses.¶
An example¶
https://www.sec.gov/Archives/edgar/data/1122063/000149315220008176/ex10-37.htm¶
SEC.gov | HOME¶
- 4 Enforceability.The Note is a valid, legal and binding obligation of Borrower, enforceable against Borrower in accordance with its terms except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors’ rights generally and by general equitable principles (whether enforcement is sought by …