Esousa Group Holdings LLC v. Nuburu, Inc.

New York Southern District Court
Judge:	Alvin K Hellerstein
Case #:	1:24-cv-07799
Nature of Suit	190 Contract - Other Contract
Cause	28:1332bc Diversity-Breach of Contract

Case Filed:	Oct 15, 2024
Terminated:	Nov 04, 2024

Docket
Parties (2)

Last checked: Sunday Apr 13, 2025 6:34 AM EDT

Defendant Nuburu, Inc.	Represented By Robert Gerard Heim Tarter Krinsky & Drogin LLP contact info
Plaintiff Esousa Group Holdings LLC	Represented By Lisa Ann Gerson Mcdermott Will & Emery LLP contact info Andrew Bennett Kratenstein Mcdermott Will & Emery LLP contact info

Docket last updated: 78 minutes ago

Tuesday, November 12, 2024
34		34 misc Notice of Filing Transcript Tue 11/12 3:17 PM NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/28/2024 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) Related: [-]
33		33 misc Transcript Tue 11/12 3:16 PM TRANSCRIPT of Proceedings re: CONFERENCE held on 10/28/2024 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: George Malinowski, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/3/2024. Redacted Transcript Deadline set for 12/13/2024. Release of Transcript Restriction set for 2/10/2025..(McGuirk, Kelly) Related: [-]
Monday, November 04, 2024
32		32 2 pgs order Stipulation and Order Mon 11/04 6:11 PM STIPULATION AND PROPOSED ORDER CONCERNING INDEMNIFICATION: IT IS HEREBY STIPULATED AND AGREED between the Parties to this action, through their respective attorneys, as follows: 1. In full satisfaction of Esousa's claim for indemnification, Nu bum shall pay Esousa or its designee the sum of fifty thousand dollars ($50,000) within five (5) business days of the Court so ordering this Stipulation and shall pay Esousa or its designee one hundred thousand dollars ($100,000) within five (5) business days of Nuburu receiving any future capital infusion via debt, equity, or otherwise whether by Liqueous or another source pursuant to any future or existing agreement. Esousa through its counsel shall separately provide payment instructions to Nuburu through its counsel, which instructions Nuburn shall follow. 2. This Court retains jurisdiction to enforce the terms of this Stipulation and Order. 3. The Clerk is directed to close the case. SO ORDERED (Signed by Judge Alvin K. Hellerstein on 11/4/2024) (ks) Transmission to Finance Unit (Cashiers) Related: [-]
31		31 1 pgs misc Letter Mon 11/04 10:40 AM JOINT LETTER addressed to Judge Alvin K. Hellerstein from Andrew B. Kratenstein dated 11/4/24 re: Indemnification Order. Document filed by Esousa Group Holdings LLC..(Kratenstein, Andrew) Related: [-]
		Att: 1 Proposed Order /Stipulation and Proposed Order Concerning Indemnification
Thursday, October 31, 2024
30		30 9 pgs order Permanent Injunction Thu 10/31 6:27 PM ORDER GRANTING PERMANENT INJUNCTION: Accordingly, IT IS HEREBY ORDERED that: 1. Esousa's Preliminary Injunction Motion be, and hereby is, granted to the extent set forth below and Nuburu has consented to the issuance of permanent injunctive relief as set forth below; 2. Nuburu be, and hereby is, permanently enjoined from proceeding with or otherwise executing or consummating the Liqueous Transactions until the Restricted Period as defined in the Agreements expires and may not offer, sell, or otherwise transfer any share of capital stock of Nuburu or any securities convertible into or exercisable or exchangeable for shares of capital stock of Nuburu to Liqueous, unless such offer, sale, or transfer does not violate the terms of the Agreements, including Section 4(j) of the SPAs and Section 3 of the Exchange Agreements, until the Restricted Period as defined in the Agreements expires; and 3. The sole issue remaining in this case is whether and to what extent Esousa is entitled to indemnification from Nuburu as sought in Count II of Esousa's Complaint. (AS FURTHER SET FORTH IN THIS ORDER.) SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 10/31/2024) (vfr) Transmission to Finance Unit (Cashiers) for processing. Related: [-]
29		29 9 pgs misc Proposed Order Thu 10/31 4:03 PM PROPOSED ORDER. Document filed by Esousa Group Holdings LLC. Related Document Number:28 ..(Kratenstein, Andrew) Proposed Order to be reviewed by Clerk's Office staff. Related: [-]
28		28 1 pgs misc Letter Thu 10/31 4:02 PM JOINT LETTER addressed to Judge Alvin K. Hellerstein from Andrew B. Kratenstein dated October 31, 2024 re: Injunction. Document filed by Esousa Group Holdings LLC..(Kratenstein, Andrew) Related: [-]
		misc Notice to Court Regarding Proposed Order Thu 10/31 4:30 PM ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 29 Proposed Order was reviewed and approved as to form. (km) Related: [-]
Monday, October 28, 2024
		minutes Show Cause Hearing ~Util - Set Deadlines/Hearings Mon 10/28 12:37 PM Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Show Cause Hearing held on 10/28/2024, ( Status Conference set for 12/6/2024 at 10:00 AM in telephone or video conference before Judge Alvin K. Hellerstein.). (Court Reporter George Malinowski) (Jones, Brigitte) Related: [-]
Sunday, October 27, 2024
27		27 3 pgs respoth Response (non-motion) Sun 10/27 6:39 PM RESPONSE re:26 Letter, . Document filed by Esousa Group Holdings LLC..(Kratenstein, Andrew) Related: [-]
		Att: 1 Proposed Order Proposed Preliminary Injunction Order
26		26 2 pgs misc Letter Sun 10/27 10:38 AM LETTER addressed to Judge Alvin K. Hellerstein from Robert G. Heim dated October 27, 2024 re: Agreement Between Nuburu Inc. and Liqueous LP. Document filed by Nuburu, Inc...(Heim, Robert) Related: [-]
		Att: 1 3 pgs Exhibit Letter Agreement Between Nuburu Inc. and Liqueous LP
Thursday, October 24, 2024
25		25 2 pgs misc Letter Thu 10/24 6:36 PM LETTER addressed to Judge Alvin K. Hellerstein from Andrew B. Kratenstein dated October 24, 2024 re: Form 8-K Filed by Nuburu, Inc.. Document filed by Esousa Group Holdings LLC..(Kratenstein, Andrew) Related: [-]
		Att: 1 Exhibit A: Nuburu, Inc. Form 8-K, Oct. 24, 2024
Monday, October 21, 2024
24		24 1 pgs order Order on Motion for Extension of Time Mon 10/21 6:46 PM SCHEDULING ORDER denying15 Letter Motion for Extension of Time Defendant's motion for extension of time, ECF No. 15, is denied as academic, the parties having filed opposition and reply papers. The hearing scheduled for October 22, 2024 at 10:00 a.m. is adjourned to October 28, 2024 at 11:00 a.m., to be held in Courtroom 14D, 500 Pearl Street, New York, NY 10007. No later than October 24, 2024, at 12:00 p.m., the parties shall jointly submit to the court (via the email address HellersteinNYSDChambers@nysd.uscourts.gov) a list of all counsel expected to appear on the record, along with their contact information.SO ORDERED.. (Signed by Judge Alvin K. Hellerstein on 10/21/2024) (jca) Related: [-]
23		23 2 pgs misc Rule 7.1 Corporate Disclosure Statement Mon 10/21 2:44 PM RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Nuburu, Inc...(Heim, Robert) Related: [-]
22		22 respoth Declaration in Support (non-motion) Mon 10/21 11:04 AM DECLARATION of Michael Wachs in Support re:4 Proposed Order to Show Cause With Emergency Relief. Document filed by Esousa Group Holdings LLC..(Kratenstein, Andrew) Related: [-]
		Att: 1 5 pgs Exhibit O: Email Exchange Between M. Wachs & B. Knaley (Aug. 30, 2024),
		Att: 2 2 pgs Exhibit P: Email from M. Wachs to B. Knaley, et al. (Sept. 2, 2024),
		Att: 3 Exhibit Q: Yahoo Finance - Nuburu Stock Price Chart (Oct. 18, 2024)
21		21 21 pgs respoth Reply Memorandum of Law in Support (non-motion) Mon 10/21 10:58 AM REPLY MEMORANDUM OF LAW in Support re:4 Proposed Order to Show Cause With Emergency Relief . Document filed by Esousa Group Holdings LLC..(Kratenstein, Andrew) Related: [-]
		utility Set/Reset Hearings Mon 10/21 6:48 PM Set/Reset Hearings: Show Cause Hearing set for 10/28/2024 at 11:00 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein. (jca) Related: [-]
Friday, October 18, 2024
20		20 misc Rule 7.1 Corporate Disclosure Statement Fri 10/18 4:54 PM RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Michael Wachs for Esousa Group Holdings LLC. Document filed by Esousa Group Holdings LLC..(Kratenstein, Andrew) Related: [-]
19		19 4 pgs respoth Declaration in Opposition (non-motion) Fri 10/18 11:39 AM DECLARATION of Brian Knaley in Opposition re:4 Proposed Order to Show Cause With Emergency Relief. Document filed by Nuburu, Inc...(Heim, Robert) Related: [-]
		Att: 1 Exhibit A- Email Exchange
18		18 21 pgs respoth Memorandum of Law in Opposition (non-motion) Fri 10/18 11:37 AM MEMORANDUM OF LAW in Opposition re:4 Proposed Order to Show Cause With Emergency Relief . Document filed by Nuburu, Inc...(Heim, Robert) Related: [-]
		misc Notice to Attorney Regarding Deficient Rule 7.1 Corporate Disclosure Statement Fri 10/18 10:50 AM ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Robert Gerard Heim to RE-FILE Document No. 17 Rule 7.1 Corporate Disclosure Statement. The filing is deficient for the following reason(s): the jurisdiction of this action is based on diversity - the party/intervenor did not name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes or No radio button - If Yes - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time - name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Please use the revised form found here NYSD form page (kw) Related: [-]
Thursday, October 17, 2024
17		17 misc Rule 7.1 Corporate Disclosure Statement Thu 10/17 3:04 PM RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Nuburu, Inc...(Heim, Robert) Related: [-]
16		16 respm Response to Motion Thu 10/17 2:32 PM LETTER RESPONSE to Motion addressed to Judge Alvin K. Hellerstein from Andrew B. Kratenstein dated October 17, 2024 re:15 FIRST LETTER MOTION for Extension of Time - Request for a one week adjourment of the previously scheduled deadlines in the case. addressed to Judge Alvin K. Hellerstein from Robert G. Heim dated October 17, 2024. . Document filed by Esousa Group Holdings LLC..(Kratenstein, Andrew) Related: [-]
15		15 motion Extension of Time Thu 10/17 11:27 AM FIRST LETTER MOTION for Extension of Time - Request for a one week adjourment of the previously scheduled deadlines in the case. addressed to Judge Alvin K. Hellerstein from Robert G. Heim dated October 17, 2024. Document filed by Nuburu, Inc...(Heim, Robert) Related: [-]
14		14 notice Notice of Appearance Thu 10/17 11:21 AM NOTICE OF APPEARANCE by Robert Gerard Heim on behalf of Nuburu, Inc...(Heim, Robert) Related: [-]
		misc Notice to Attorney Regarding Deficient Rule 7.1 Corporate Disclosure Statement Thu 10/17 2:17 PM ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Andrew Bennett Kratenstein to RE-FILE Document No. 10 Rule 7.1 Corporate Disclosure Statement,. The filing is deficient for the following reason(s): the jurisdiction of this action is based on diversity - the party/intervenor did not name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes or No radio button - If Yes - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time - name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Please use the revised form found here NYSD form page (kw) Related: [-]
Wednesday, October 16, 2024
13		13 service Certificate of Service Other Wed 10/16 1:25 PM CERTIFICATE OF SERVICE of signed Order to Show Cause; Complaint; Civil Cover Sheet; Proposed Order to Show Cause; Memorandum of Law in Support; Summons; Declaration of Andrew B. Kratenstein and Exhibits A-C; Declaration of Michael Wachs in Support of Order to Show Cause and Exhibits A-N; and Rule 7.1 Statement served on Nuburu, Inc. on October 16, 2024. Service was accepted by Amy Bowler, Attorney. Service was made by Mail. Document filed by Esousa Group Holdings LLC..(Kratenstein, Andrew) Related: [-]
Tuesday, October 15, 2024
12		12 2 pgs order Order to Show Cause ~Util - Set Deadlines/Hearings Tue 10/15 6:04 PM ORDER TO SHOW CAUSE: Let Defendant Nuburu, Inc. ("Nuburu" or "Defendant") show cause before the Honorable Alvin K. Hellerstein in Courtroom 14D at the Courthouse located at 500 Pearl St., New York, New York 10017 on the 22 day of October, 2024, at 10:00 a.m., or as soon thereafter as counsel can be heard, why an Order should not be entered, pending a final determination in this action, As further set forth in this Order. ORDERED that, any papers to be submitted in opposition to this Order to Show Cause shall be served upon counsel for Plaintiff on or before noon, Oct. 18, 2024; and, it is further ORDERED, that any reply papers to be submitted in further support of Plaintiffs application for a preliminary injunction shall be served upon counsel for Defendant on or before noon Oct. 21, 2024; and it is further ORDERED that, service of a copy of this Order to Show Cause, together with the papers upon which it is based shall be served by overnight express mail or other overnight courier to (1) Nuburu, Inc., 7442 S Tucson Way, Suite 130 Centennial, Colorado 80112, attn: Brian Knaley, Chief Executive Officer and (2) Holland & Hart LLP, 555 17th Street, Denver, CO, 80202, attn: Amy Bowler, Esq., by telephone and email by 5:00 pm tonight to its counsel, if known. SO ORDERED (Signed by Judge Alvin K. Hellerstein on 10/15/2024) ( Replies due by 10/21/2024.) Show Cause Hearing set for 10/22/2024 at 10:00 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein. Show Cause Response due by 10/18/2024. (ks) Related: [-]
11		11 notice Notice of Appearance Tue 10/15 10:57 AM NOTICE OF APPEARANCE by Lisa Ann Gerson on behalf of Esousa Group Holdings LLC..(Gerson, Lisa) Related: [-]
10		10 misc Rule 7.1 Corporate Disclosure Statement Tue 10/15 10:53 AM RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Esousa Group Holdings LLC..(Kratenstein, Andrew) Related: [-]
9		9 notice Notice of Appearance Tue 10/15 10:26 AM NOTICE OF APPEARANCE by Andrew Bennett Kratenstein on behalf of Esousa Group Holdings LLC..(Kratenstein, Andrew) Related: [-]
8		8 10 pgs respoth Declaration in Support (non-motion) Tue 10/15 10:24 AM DECLARATION of Michael Wachs in Support re:4 Proposed Order to Show Cause With Emergency Relief. Document filed by Esousa Group Holdings LLC..(Kratenstein, Andrew) Related: [-]
		Att: 1 Exhibit A: SPA - Nuburu Notes (Execution)_8-6-24,
		Att: 2 Exhibit B: Nuburu - Exchange Agreement (Execution),
		Att: 3 Exhibit C: Convertible Note - Nuburu (Execution),
		Att: 4 Exhibit D: Convertible Note (Exchange Version) - Nuburu (Execution),
		Att: 5 Exhibit E: Nuburu Notes (Esousa $148K)(32624015.2),
		Att: 6 Exhibit F: Nuburu - Exchange Agreement (Esousa $148K),
		Att: 7 Exhibit G: Convertible Note - Nuburu (Esousa $148K),
		Att: 8 Exhibit H: Convertible Note (Exchange Version) - Nuburu (Esousa 148K),
		Att: 9 Exhibit I: 8-K_Liqueous-FIXED,
		Att: 10 Exhibit J: Nuburu, Inc. (BURU) Stock Price, News, Quote & History - Yahoo Finance,
		Att: 11 Exhibit K: Enacted Law_ NYSE American Company Guide, Sec. 1003,
		Att: 12 Exhibit L: Ltr. to B. Knaley and J. Fernane,
		Att: 13 Exhibit M: 10-Q_Nuburu,
		Att: 14 Exhibit N: Prospectus_Excerpts
7		7 respoth Declaration in Support (non-motion) Tue 10/15 10:02 AM DECLARATION of Andrew B. Kratenstein in Support re:4 Proposed Order to Show Cause With Emergency Relief. Document filed by Esousa Group Holdings LLC..(Kratenstein, Andrew) Related: [-]
		Att: 1 Exhibit A: Email to B. Knaley and A. Bowler re TRO,
		Att: 2 Exhibit B: Transcript_3-31-23_Hearing,
		Att: 3 Exhibit C: Black Mountain
6		6 service Summons Issued Tue 10/15 9:58 AM ELECTRONIC SUMMONS ISSUED as to Nuburu, Inc...(jgo) Related: [-]
5		5 29 pgs respoth Memorandum of Law in Support (non-motion) Tue 10/15 9:56 AM MEMORANDUM OF LAW in Support re:4 Proposed Order to Show Cause With Emergency Relief . Document filed by Esousa Group Holdings LLC..(Kratenstein, Andrew) Related: [-]
4		4 misc Proposed Order to Show Cause With Emergency Relief Tue 10/15 9:49 AM PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Esousa Group Holdings LLC..(Kratenstein, Andrew) Related: [-]
3		3 service Request for Issuance of Summons Tue 10/15 9:45 AM REQUEST FOR ISSUANCE OF SUMMONS as to Nuburu, Inc., re:1 Complaint. Document filed by Esousa Group Holdings LLC..(Kratenstein, Andrew) Related: [-]
2		2 misc Civil Cover Sheet Tue 10/15 9:43 AM CIVIL COVER SHEET filed..(Kratenstein, Andrew) Related: [-]
1		1 17 pgs cmp Complaint Tue 10/15 9:42 AM COMPLAINT against Nuburu, Inc.. (Filing Fee $ 405.00, Receipt Number ANYSDC-30037254)Document filed by Esousa Group Holdings LLC..(Kratenstein, Andrew) Related: [-]
		notice Case Opening Initial Assignment Notice Tue 10/15 9:56 AM CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alvin K. Hellerstein. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:https://nysd.uscourts.gov/judges/district-judges] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(jgo) Related: [-]
		utility Case Designation Tue 10/15 9:57 AM Magistrate Judge Robert W. Lehrburger is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (jgo) Related: [-]
		utility Case Designated ECF Tue 10/15 9:57 AM Case Designated ECF. (jgo) Related: [-]
		misc Notice to Court Regarding Proposed Order Tue 10/15 10:41 AM ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. 4 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (km) Related: [-]

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