3 unchanged sentences
harm our business.
−Removed: August 7, 2018, we commenced an action against North Empire LLC, or North Empire, in the Supreme Court of the State of New York,
−Removed: County of New York for breach of a Securities Purchase Agreement or Agreement in which we are seeking damages in an amount to be
−Removed: determined at trial, but in no event less than $616,000.
−Removed: On August 2, 2018, North Empire filed a Summons with Notice against us,
−Removed: also in the same Court, in which they allege damages in an amount of $11.4 million arising from an alleged breach of the Agreement.
−Removed: On September 6, 2018, North Empire filed a Notice of Discontinuance of the action it had filed on August 2, 2018.
+Added: August 7, 2018, we commenced an action against North Empire LLC, or North Empire, in the Supreme Court of the State of New York, County
+Added: of New York for breach of a Securities Purchase Agreement or Agreement in which we are seeking damages in an amount to be determined
+Added: at trial, but in no event less than $616,000.
+Added: On August 2, 2018, North Empire filed a Summons with Notice against us, also in the same
+Added: Court, in which they allege damages in an amount of $11.4 million arising from an alleged breach of the Agreement.
On September 6, 2018,
−Removed: 2018, North Empire filed an answer and asserted counterclaims in the action commenced by us against them, alleging that we failed to
−Removed: deliver stock certificates to North Empire causing damage to North Empire in the amount of $10,958,589.
−Removed: North Empire also filed a
−Removed: third-party complaint against our CEO and now former Chairman of the Board asserting similar claims against them in their individual
−Removed: On October 17, 2018, we filed a reply to North Empire’s counterclaims.
−Removed: On November 15, 2018, our CEO and now
−Removed: former Chairman of the Board filed a motion to dismiss North Empire’s third-party complaint.
−Removed: On January 6, 2020, the Court
−Removed: granted the motion and dismissed the third-party complaint.
−Removed: Discovery has been completed and both parties have filed motions for
−Removed: summary judgment in connection with the claims and counterclaims.
−Removed: On December 30, 2021, the Court denied both My Size and North
−Removed: Empire’s motions for summary judgment, arguing there were factual issues to be determined at trial.
−Removed: On January 26, 2022, the
−Removed: Company filed a notice of appeal of the summary judgment decision.
−Removed: On February 3, 2022, the Company filed a motion to reargue the
−Removed: Court’s decision denying the Company’s motion for summary judgment.
−Removed: On or about September 12, 2022, the Court issued its
−Removed: Decision and Order denying the Company’s motion to reargue.
−Removed: North Empire filed its opposing brief on December 7, 2022.
−Removed: sides were given an opportunity to file a reply brief.
−Removed: We filed our reply brief on January 4, 2023 and North Empire filed its reply
−Removed: brief on January 13, 2023.
−Removed: Oral argument was held before the Appellate Court on February 7, 2023.
−Removed: On or about February 28, 2023, the
−Removed: Appellate Court filed its Decision and Order, which affirmed the lower court’s decisions regarding both My Size and North
−Removed: Empire’s motions for summary judgment and sent the case back to the Supreme Court.
−Removed: On or about March 13, 2023, the Supreme
−Removed: Court referred the case to its Alternative Dispute Program and ordered the cases to mediate.
−Removed: The mediation was held on July 26, 2023 and various settlement options were explored but the mediation did not lead to settlement.
−Removed: On December 21, 2023, a conference with the Court was held and the parties were given dates for various pre-trial filings.
−Removed: pre-trial conference is scheduled to be held on May 31, 2024, at which point the Court will schedule the matter for trial on the ultimate
−Removed: We intend to vigorously defend any claims made by North Empire.
−Removed: believe it is more likely than not that the counterclaims will be denied.
+Added: North Empire filed a Notice of Discontinuance of the action it had filed on August 2, 2018.
+Added: On September 27, 2018, North Empire filed
+Added: an answer and asserted counterclaims in the action commenced by us against them, alleging that we failed to deliver stock certificates
+Added: to North Empire causing damage to North Empire in the amount of $10,958,589.
+Added: North Empire also filed a third-party complaint against
+Added: our CEO and now former Chairman of the Board asserting similar claims against them in their individual capacities.
+Added: On October 17, 2018,
+Added: we filed a reply to North Empire’s counterclaims.
+Added: On November 15, 2018, our CEO and now former Chairman of the Board filed a motion
+Added: to dismiss North Empire’s third-party complaint.
+Added: On January 6, 2020, the Court granted the motion and dismissed the third-party
+Added: Discovery has been completed and both parties have filed motions for summary judgment in connection with the claims and counterclaims.
+Added: On December 30, 2021, the Court denied both My Size and North Empire’s motions for summary judgment, arguing there were factual
+Added: issues to be determined at trial.
+Added: On January 26, 2022, the Company filed a notice of appeal of the summary judgment decision.
+Added: 3, 2022, the Company filed a motion to reargue the Court’s decision denying the Company’s motion for summary judgment.
+Added: or about September 12, 2022, the Court issued its Decision and Order denying the Company’s motion to reargue.
+Added: North Empire filed
+Added: its opposing brief on December 7, 2022.
+Added: On or about March 13, 2023, the Supreme Court referred the case to its Alternative Dispute Program
+Added: and ordered the cases to mediate.
+Added: The mediation was held on July 26, 2023 and various settlement options were explored but the mediation
+Added: did not lead to settlement.
+Added: On December 21, 2023, a conference with the Court was held and the parties were given dates for various pre-trial
+Added: The parties agreed on settlement terms, including a global settlement with a third party with related claims.
+Added: On November 19,
+Added: 2024, the settlement agreement was executed and on December 2, 2024, the parties filed the Stipulation of Discontinuance with the Court
+Added: and the action was dismissed.
+Added: July 2024, we were served with a legal complaint filed by Shimon Shukron in the Magistrate’s Court in Herzliya for a monetary award
+Added: in an amount of NIS 1,895,345 (approximately $510,000).
+Added: The plaintiff alleges that due to the fire that broke out at Orgad’s warehouse
+Added: in January 2023, the fire spread to the plaintiff’s business and caused heavy damage to the structure and contents, inventory of
+Added: the business and loss of profits.
+Added: We filed our statement of defense in September 2024.
+Added: At this preliminary stage, the plaintiff did not
+Added: provide sufficient documents to support his claims regarding the extent of the alleged damage.
+Added: The Company is working on its damage evaluation
+Added: As such, we cannot evaluate the chances of the claim to succeed.
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.