Discover Growth Fund, LLC v. OWC Pharmaceutical Research Corp.

Filing 55

ORDER, I require Defendant's counsel to provide a table of organization of Defendant as they last knew it under oath, and to update the Court on the status of the OWCP as a company. Upon doing so Defendant's counsel will be allowed to withdraw. The Defendant cannot appear by itself in the action. It must retain substitute counsel by January 3, 2023, and that counsel must file a notice of appearance by said date. A status conference will be held on January 6, 2023, at 10:00 a.m., to discuss the ongoing progress in the case whether as a defended matter or as a defaulted matter. Plaintiff shall appear at that conference with a definite plan about how to proceed with the case. SO ORDERED. ( Status Conference set for 1/6/2023 at 10:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 11/18/22) (yv)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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DISCOVER GROWTH FUND, LLC,
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Plaintiff,
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v.
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OWC PHARMACEUTICAL RESEARCH CORP., :
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Defendant.
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ORDER
20 Civ. 2857 (AKH)

ALVIN K. HELLERSTEIN, U.S.D.J.:
Plaintiff Discover Growth Fund, LLC brought suit against Defendant OWC
Pharmaceutical Research Corp (OWCP) on March 6, 2020 (ECF No. 1). Plaintiff alleged that
OWCP breached its contractual obligations under parties’ Securities Purchase Agreement
(“SPA”) and Registration Rights Agreement (the “RRA”).
I granted a preliminary injunction on April 29, 2020, ordering OWCP to take all
actions necessary to become and remain current in its public filing obligations under the
Securities Exchange Act of 1934 as required by the SPA and the RRA (ECF No. 18). I
subsequently granted Plaintiff’s motion to withdraw its motion for summary judgment (ECF No.
43).
Defense counsels Dov Schwell and Melinda Holly Chester of Schwell
Wimpfheimer & Associates LLP (“SWA”) assert that, as of September 13, 2022, they had not
heard from Defendant for more than a year, and therefore intended to move to withdraw as
counsel for OWCP (ECF No. 46). I heard the parties’ counsels at a status conference on
November 18, 2022.

I require Defendant’s counsel to provide a table of organization of Defendant as
they last knew it under oath, and to update the Court on the status of the OWCP as a company.
Upon doing so Defendant’s counsel will be allowed to withdraw.
The Defendant cannot appear by itself in the action. It must retain substitute
counsel by January 3, 2023, and that counsel must file a notice of appearance by said date. A
status conference will be held on January 6, 2023, at 10:00 a.m.,s to discuss the ongoing progress
in the case whether as a defended matter or as a defaulted matter. Plaintiff shall appear at that
conference with a definite plan about how to proceed with the case.

SO ORDERED.
Dated:

November 18, 2022
New York, New York

/s/ Alvin K. Hellerstein
ALVIN K. HELLERSTEIN
United States District Judge

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