Goldberg v. Gray, Jr. et al

Filing 284

ORDER approving the # 283 Stipulation of Dismissal filed by Andrew Goldberg and Steven Amerio. Signed by Judge David N. Hurd on August 11, 2020. (Copy served upon Pro Se defendant via regular mail)(kmp)

Case 5:15-cv-00538-DNH-TWD Document 284 Filed 08/11/20 Page 1 of 2

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK

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STEVEN AMERIO and ANDREW
GOLDBERG, Individually and as Co-Lead
Plaintiffs on behalf of all others similarly situated,
as a class,
Plaintiffs,

Civil Case. No. 5:15 CV-00538
(DNH/TWD)
Jury Trial Demanded

V.

GREGORY W. ORA Y, JR.; GREGORY P.
EDWARDS; ARCHIPEL CAPITAL LLC; BIM
MANAGEMENT LP; BENNINGTON
INVESTMENT MANAGEMENT, INC.; and
against all in a representative and fiduciary
capacity as acting GENERAL PARTNERS and
CONTROL MEMBERS of BENNINGTON­
EVERLOOP LP,; ARCHIPEL CAPITAL­
AGRIVIDA LLC; ARCHIPEL CAPITAL­
BLOOM ENERGY LP; ARCHIPEL CAPITAL­
LATE STAGE FUND LP; ARCHIPEL
CAPITAL-LINEAGEN LP; ARCHIPEL
CAPITAL-SOCIAL MEDIA FUND LP, (1, 2, 3
& 4), and against each said funds Individually as
Limited Partnership Enterprises and as Attorneys
and Publishers of all Private Placement
Memorandums in connection with each/any/or all
of the above entities; and Jane Does and Mary
Roes (#1-10),
Defendants.

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#11573005.1

STIPULATION OF DISMISSAL
OF COUNTS II, III, VII, VIII,
IX, X, XI & XII OF THE
SECOND AMENDED
COMPLAINT AGAINST
DEFENDANT GREGORY W.
GRAY,,JR.

Case 5:15-cv-00538-DNH-TWD Document 284 Filed 08/11/20 Page 2 of 2

Plaintiffs, Steven Amerio and Andrew Goldberg, by their undersigned counsel and
pursuant to this Court's Memorandum-Decision and Order dated July 21, 2020, see Docket No.
282 at 38-39, reported as Amerio v. Gray, 2020 WL 4192618, at *20-21 (N.D.N. Y. July 21,
2020), hereby stipulate to the dismissal of Counts II, III, VII, VIII, IX, X, XI and XII of their
Second Amended Class Action Complaint against Defendant, Gregory W. Gray, Jr.
DATED: August 6, 2020

Respectfully submitted,
WILENTZ, GOLDMAN & SPITZER, P.A.
By:

Isl Kevin P. Roddy

Kevin P. Roddy, Esq.
Bar Roll No. 520400
90 Woodbridge Center Drive, Suite 900
Woodbridge, NJ 07095
Telephone: [phone]
CHERUNDOLO LAW FIRM, PLLC
By:

Isl John C. Cherundolo

John C. Cherundolo, Esq.
Bar Roll No. 101339
AXA Tower I, 15th Floor
100 Madison Street
Syracuse, NY 13202
Telephone: [phone]
Counsel for Plaintiffs

SO ORDERED. Dated:
August 11, 2020

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