Empery Tax Efficient, LP v. MusclePharm Corporation et al

Filing 24

ORDER Upon the request of the parties, the Court hereby adjourns the show cause hearing on Plaintiffs request for injunctive relief, currently scheduled for January 26, 2023. However, the hearing on Plaintiff's contempt motion, also set for January 26, 2023 at 11:00 a.m., will proceed as scheduled. Further, upon the request of the parties, the Court will consider and decide Plaintiff's motion for remand to the Supreme Court of New York, New York County prior to considering defendant Ryan Drexler's anticipated motion to transfer venue. The Court hereby approves the proposed briefing schedule on Plaintiff's motion for remand. Plaintiff shall file its three-page letter motion for remand on January 16, 2023. Defendants shall respond via three-page letter by January 19, 2023, and Plaintiff may file a one-page reply by January 20, 2023. The Court will not take further action regarding Plaintiffs request for limited expedited discovery on its contempt motion until the motion for remand is decided. SO ORDERED. (Motions due by 1/16/2023., Replies due by 1/20/2023., Responses due by 1/19/2023) (Signed by Judge Victor Marrero on 1/17/2023) (jca)

Case 1:23-cv-00074-VM Document 24 Filed 01/17/23 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

1/17/2023

EMPERY TAX EFFICIENT, LP,

23 Civ. 74 (VM)

Plaintiff,

ORDER

- against MUSCLEPHARM CORPORATION, WHITE WINSTON
SELECT ASSET FUNDS, LLC, WHITE WINSTON
SELECT ASSET FUND SERIES MP-18, LLC,
and RYAN DREXLER,
Defendants.
VICTOR MARRERO, United States District Judge.

On January 17, 2023, plaintiff Empery Tax Efficient, LP
(“Plaintiff”) filed a joint letter on behalf of all the
parties in response to the Court’s Order, dated January 11,
2023. (See Dkt. No. 22.) Upon the request of the parties, the
Court hereby adjourns the show cause hearing on Plaintiff’s
request

for

injunctive

January

26,

2023.

relief,

However,

currently

the

hearing

scheduled
on

for

Plaintiff’s

contempt motion, also set for January 26, 2023 at 11:00 a.m.,
will proceed as scheduled.
Further, upon the request of the parties, the Court will
consider and decide Plaintiff’s motion for remand to the
Supreme

Court

of

New

York,

New

York

County

prior

to

considering defendant Ryan Drexler’s anticipated motion to
transfer

venue.

The

Court

hereby

approves

the

proposed

briefing schedule on Plaintiff’s motion for remand. Plaintiff

Case 1:23-cv-00074-VM Document 24 Filed 01/17/23 Page 2 of 2

shall file its three-page letter motion for remand on January
16, 2023. Defendants shall respond via three-page letter by
January 19, 2023, and Plaintiff may file a one-page reply by
January 20, 2023. The Court will not take further action
regarding Plaintiff’s request for limited expedited discovery
on its contempt motion until the motion for remand is decided.

SO ORDERED.
Dated:

17 January 2023
New York, New York
_________________________
Victor Marrero
U.S.D.J.

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