3 unchanged sentences
harm our business.
−Removed: On August 7, 2018, we commenced
−Removed: an action against North Empire LLC (“North Empire”) in the Supreme Court of the State of New York, County of New York for
−Removed: breach of a Securities Purchase Agreement (the “Agreement”) in which we are seeking damages in an amount to be determined
−Removed: at trial, but in no event less than $616,000.
−Removed: On August 2, 2018, North Empire filed a Summons with Notice against the Company, also in
−Removed: the same Court, in which they allege damages in an amount of $11.4 million arising from an alleged breach of the Agreement.
−Removed: 6, 2018 North Empire filed a Notice of Discontinuance of the action it had filed on August 2, 2018.
−Removed: On September 27, 2018, North Empire
−Removed: filed an answer and asserted counterclaims in the action commenced by us against them, alleging that we failed to deliver stock certificates
−Removed: to North Empire causing damage to North Empire in the amount of $10,958,589.
−Removed: North Empire also filed a third-party complaint against our
−Removed: CEO and now former Chairman of the Board asserting similar claims against them in their individual capacities.
−Removed: On October 17, 2018, we
−Removed: filed a reply to North Empire’s counterclaims.
−Removed: On November 15, 2018, our CEO and now former Chairman of the Board filed a motion
−Removed: to dismiss North Empire’s third-party complaint.
−Removed: On January 6, 2020, the Court granted the motion and dismissed the third-party
−Removed: Discovery has been completed and both parties have filed motions for summary judgment in connection with the claims and counterclaims.
−Removed: On December 30, 2021, the Court denied both My Size and North Empire’s motions for summary judgment, arguing there were factual
−Removed: issues to be determined at trial.
+Added: August 7, 2018, we commenced an action against North Empire LLC (“North Empire”) in the Supreme Court of the State of
+Added: New York, County of New York for breach of a Securities Purchase Agreement (the “Agreement”) in which we are seeking
+Added: damages in an amount to be determined at trial, but in no event less than $616,000.
+Added: On August 2, 2018, North Empire filed a Summons
+Added: with Notice against the Company, also in the same Court, in which they allege damages in an amount of $11.4 million arising from an
+Added: alleged breach of the Agreement.
+Added: On September 6, 2018 North Empire filed a Notice of Discontinuance of the action it had filed on
+Added: August 2, 2018.
+Added: On September 27, 2018, North Empire filed an answer and asserted counterclaims in the action commenced by us against
+Added: them, alleging that we failed to deliver stock certificates to North Empire causing damage to North Empire in the amount of
+Added: North Empire also filed a third-party complaint against our CEO and now former Chairman of the Board asserting similar
+Added: claims against them in their individual capacities.
+Added: On October 17, 2018, we filed a reply to North Empire’s counterclaims.
+Added: November 15, 2018, our CEO and now former Chairman of the Board filed a motion to dismiss North Empire’s third-party
+Added: On January 6, 2020, the Court granted the motion and dismissed the third-party complaint.
+Added: Discovery has been completed
+Added: and both parties have filed motions for summary judgment in connection with the claims and counterclaims.
+Added: On December 30, 2021, the
+Added: Court denied both My Size and North Empire’s motions for summary judgment, arguing there were factual issues to be determined
On January 26, 2022, we filed a notice of appeal of the summary judgment decision.
−Removed: The appeal must be
−Removed: fully perfected and filed by July 26, 2022.
−Removed: On February 3, 2022, we filed a motion to reargue the Court’s decision denying our motion
−Removed: for summary judgment.
+Added: The Company filed its appellant brief
+Added: on or about October 26, 2022.
+Added: On February 3, 2022, we filed a motion to reargue the Court’s decision denying our motion for
+Added: summary judgment.
On or about March 31, 2022, North Empire filed its opposition papers to our motion to reargue.
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2022, we filed our reply papers, in further support of its motion to reargue.
−Removed: That motion is now fully briefed and we are waiting on a
−Removed: decision from the Court.
+Added: On or about September 12, 2022 the Court issued its
+Added: decision and order denying our motion to reargue.
+Added: North Empire is due to file its opposing brief on or about December 7,
+Added: Risk Factors.
+Added: required for a smaller reporting company.
+Added: Unregistered Sales of Equity Securities and Use of Proceeds.
+Added: Defaults Upon Senior Securities.
+Added: Mine Safety Disclosures.
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.