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Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Momborquette, David) (Entered: 12/10/2021)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/182327016/","id":182327016,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/60658674/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/187783463/","id":187783463,"tags":[],"absolute_url":"/docket/60658674/50/my-size-inc-v-lazar/","date_created":"2021-12-10T11:09:09.803538-08:00","date_modified":"2025-12-12T11:13:30.479051-08:00","sha1":"","page_count":null,"file_size":null,"filepath_local":null,"filepath_ia":"","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"","ocr_status":null,"date_upload":null,"document_number":"50","attachment_number":null,"pacer_doc_id":"127030325390","is_available":false,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Stipulation of Voluntary Dismissal","acms_document_guid":""}],"date_created":"2021-12-10T11:09:09.796058-08:00","date_modified":"2025-12-12T11:13:30.446568-08:00","date_filed":"2021-12-10","time_filed":null,"entry_number":50,"recap_sequence_number":"2021-12-10.001","pacer_sequence_number":209,"description":"FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Milton C. Ault, III, Ault & Company, Inc., Ault Alpha GP LLC, Ault Alpha LP, Ault Capital Management LLC pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by My Size, Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Momborquette, David) Modified on 12/10/2021 (km). (Entered: 12/10/2021)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/182327003/","id":182327003,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/60658674/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/187783450/","id":187783450,"tags":[],"absolute_url":"","date_created":"2021-12-10T11:09:09.285246-08:00","date_modified":"2021-12-10T11:09:09.288614-08:00","sha1":"","page_count":null,"file_size":null,"filepath_local":null,"filepath_ia":"","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"","ocr_status":null,"date_upload":null,"document_number":"","attachment_number":null,"pacer_doc_id":"","is_available":false,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Notice to Attorney Regarding Deficient Voluntary Dismissal","acms_document_guid":""}],"date_created":"2021-12-10T11:09:09.279952-08:00","date_modified":"2021-12-10T11:09:09.279970-08:00","date_filed":"2021-12-10","time_filed":null,"entry_number":null,"recap_sequence_number":"2021-12-10T17:55:34+00:00.001","pacer_sequence_number":null,"description":"","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/181549017/","id":181549017,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/60658674/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/186994013/","id":186994013,"tags":[],"absolute_url":"","date_created":"2021-12-02T03:05:22.833729-08:00","date_modified":"2025-12-12T11:13:30.366419-08:00","sha1":"","page_count":null,"file_size":null,"filepath_local":null,"filepath_ia":"","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"","ocr_status":null,"date_upload":null,"document_number":"","attachment_number":null,"pacer_doc_id":"","is_available":false,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"","acms_document_guid":""}],"date_created":"2021-12-02T03:05:22.822569-08:00","date_modified":"2025-12-12T11:13:30.340088-08:00","date_filed":"2021-12-01","time_filed":null,"entry_number":null,"recap_sequence_number":"2021-12-01.001","pacer_sequence_number":null,"description":"Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephonic Initial Pretrial Conference held on 12/1/2021, ( Final Pretrial Conference set for 4/6/2022 at 04:00 PM before Judge Jed S. Rakoff.). (Kotowski, Linda)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/181465804/","id":181465804,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/60658674/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/186909871/","id":186909871,"tags":[],"absolute_url":"","date_created":"2021-12-01T10:08:03.458857-08:00","date_modified":"2021-12-01T10:08:03.462375-08:00","sha1":"","page_count":null,"file_size":null,"filepath_local":null,"filepath_ia":"","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"","ocr_status":null,"date_upload":null,"document_number":"","attachment_number":null,"pacer_doc_id":"","is_available":false,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"~Util - Set Hearings AND Telephone Conference","acms_document_guid":""}],"date_created":"2021-12-01T10:08:03.452602-08:00","date_modified":"2021-12-01T10:08:03.452632-08:00","date_filed":"2021-12-01","time_filed":null,"entry_number":null,"recap_sequence_number":"2021-12-01T16:17:22+00:00.001","pacer_sequence_number":null,"description":"","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/181465420/","id":181465420,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/60658674/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/186909487/","id":186909487,"tags":[],"absolute_url":"/docket/60658674/49/my-size-inc-v-lazar/","date_created":"2021-12-01T10:07:46.608758-08:00","date_modified":"2025-12-12T11:13:30.418973-08:00","sha1":"","page_count":null,"file_size":null,"filepath_local":null,"filepath_ia":"","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"","ocr_status":null,"date_upload":null,"document_number":"49","attachment_number":null,"pacer_doc_id":"127030262500","is_available":false,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Case Management Plan","acms_document_guid":""}],"date_created":"2021-12-01T10:07:46.601757-08:00","date_modified":"2025-12-12T11:13:30.388401-08:00","date_filed":"2021-12-01","time_filed":null,"entry_number":49,"recap_sequence_number":"2021-12-01.002","pacer_sequence_number":207,"description":"CIVIL CASE MANAGEMENT PLAN: The case is to be tried to a jury. Joinder of Parties due by 12/3/2021. Motions due by 3/7/2022. Responses due by 3/21/2022 Replies due by 3/28/2022. Deposition due by 2/28/2022. Discovery due by 2/28/2022. Final Pretrial Conference set for 4/6/2022 at 04:00 PM before Judge Jed S. Rakoff. Ready for Trial by 4/6/2022. (Signed by Judge Jed S. Rakoff on 12/1/2021) (kv) (Entered: 12/01/2021)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/181307512/","id":181307512,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/60658674/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/186749489/","id":186749489,"tags":[],"absolute_url":"","date_created":"2021-11-29T23:00:33.899578-08:00","date_modified":"2025-12-12T11:13:30.188387-08:00","sha1":"","page_count":null,"file_size":null,"filepath_local":null,"filepath_ia":"","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"","ocr_status":null,"date_upload":null,"document_number":"","attachment_number":null,"pacer_doc_id":"","is_available":false,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"","acms_document_guid":""}],"date_created":"2021-11-29T23:00:33.888855-08:00","date_modified":"2025-12-12T11:13:30.162694-08:00","date_filed":"2021-11-12","time_filed":null,"entry_number":null,"recap_sequence_number":"2021-11-12.001","pacer_sequence_number":null,"description":"Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 11/12/2021.The Court set deadlines for further amendments to the pleadings and motions to dismiss. Plaintiff may amend its complaint by 11/19/21 (as previously ordered) and Defendants shall file any amended answer and counterclaims by 11/26/21. Any motions to dismiss from either side shall proceed simultaneously on the following schedule: motions 12/10/21, answering papers 12/24/21, replies 12/31/21. Argument on all motions shall be held 1/18/22 at 11:30 in Courtroom.( Oral Argument set for 1/18/2022 at 11:30 AM before Judge Jed S. Rakoff in Courtroom 14B, 500 Pearl Street..) (Kotowski, Linda)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/181170339/","id":181170339,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/60658674/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/186610525/","id":186610525,"tags":[],"absolute_url":"/docket/60658674/47/my-size-inc-v-lazar/","date_created":"2021-11-26T11:07:58.440505-08:00","date_modified":"2025-12-12T11:13:30.285921-08:00","sha1":"","page_count":null,"file_size":null,"filepath_local":null,"filepath_ia":"","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"","ocr_status":null,"date_upload":null,"document_number":"47","attachment_number":null,"pacer_doc_id":"127030237351","is_available":false,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Rule 7.1 Corporate Disclosure Statement","acms_document_guid":""}],"date_created":"2021-11-26T11:07:58.434233-08:00","date_modified":"2025-12-12T11:13:30.263197-08:00","date_filed":"2021-11-26","time_filed":null,"entry_number":47,"recap_sequence_number":"2021-11-26.001","pacer_sequence_number":182,"description":"RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Ault & Company, Inc. for Ault Capital Management LLC; Corporate Parent Ault Capital Management LLC for Ault Alpha GP LLC; Corporate Parent MCKEA Holdings, LLC for Ault & Company, Inc.; Corporate Parent Ault Global Holdings, Inc., Corporate Parent Ault Alpha GP LLC for Ault Alpha LP. Document filed by Milton C. Ault, III, Ault & Company, Inc., Ault Alpha GP LLC, Ault Alpha LP, Ault Capital Management LLC..(Kaplan, Howard) (Entered: 11/26/2021)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/181170335/","id":181170335,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/60658674/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/186610521/","id":186610521,"tags":[],"absolute_url":"/docket/60658674/48/my-size-inc-v-lazar/","date_created":"2021-11-26T11:07:58.235386-08:00","date_modified":"2025-12-12T11:13:30.328060-08:00","sha1":"","page_count":null,"file_size":null,"filepath_local":null,"filepath_ia":"","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"","ocr_status":null,"date_upload":null,"document_number":"48","attachment_number":null,"pacer_doc_id":"127030237363","is_available":false,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Counterclaim AND Answer to Amended Complaint","acms_document_guid":""}],"date_created":"2021-11-26T11:07:58.228778-08:00","date_modified":"2025-12-12T11:13:30.309147-08:00","date_filed":"2021-11-26","time_filed":null,"entry_number":48,"recap_sequence_number":"2021-11-26.002","pacer_sequence_number":189,"description":"ANSWER to 46 Amended Complaint, with JURY DEMAND., COUNTERCLAIM against My Size, Inc.. Document filed by Ault Capital Management LLC, Ault & Company, Inc., Ault Alpha LP, Milton C. Ault, III, Ault Alpha GP LLC..(Kaplan, Howard) (Entered: 11/26/2021)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/180758119/","id":180758119,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/60658674/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/186191935/","id":186191935,"tags":[],"absolute_url":"/docket/60658674/46/my-size-inc-v-lazar/","date_created":"2021-11-19T15:08:07.471210-08:00","date_modified":"2025-12-12T11:13:30.239240-08:00","sha1":"81019f40047fdd1d43fced64308883de45435abd","page_count":10,"file_size":233798,"filepath_local":"recap/gov.uscourts.nysd.568274/gov.uscourts.nysd.568274.46.0.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.nysd.568274/gov.uscourts.nysd.568274.46.0.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"          Case 1:21-cv-08585-JSR Document 46 Filed 11/19/21 Page 1 of 10\n\n\n\n\n                           UNITED STATES DISTRICT COURT\n                      FOR THE SOUTHERN DISTRICT OF NEW YORK\n\n\n    MY SIZE, INC.,\n                          Plaintiff,\n\n                                   v.                             Civil No. 1:21-cv-08585\n\n    MILTON C. AULT III, AULT ALPHA LP,                            Honorable Jed S. Rakoff\n    AULT ALPHA GP LLC, AULT CAPITAL\n    MANAGEMENT LLC, and AULT &\n    COMPANY, INC.,\n\n                          Defendants.\n\n\n                                        AMENDED COMPLAINT 1\n\n         Plaintiff My Size, Inc. (\u201cMy Size\u201d or the \u201cCompany\u201d), by its undersigned counsel, for its\n\nAmended Complaint against Defendants Milton C. Ault III, Ault Alpha LP (\u201cAult Alpha\u201d), Ault\n\nAlpha GP LLC (\u201cAult Alpha GP\u201d), Ault Capital Management LLC (\u201cAult Capital\u201d), Ault &\n\nCompany, Inc. (\u201cAult & Company\u201d and together with Mr. Ault, Ault Alpha, Ault Alpha GP,\n\nAult Capital and Ault & Company, the \u201cAult Defendants\u201d), alleges, on knowledge as to itself\n\nand upon information and belief as to all other matters, as follows:\n\n                                        NATURE OF THE ACTION\n\n         1.     This is an action for disgorgement under Section 16(b) of the Securities Exchange\n\nAct of 1934, as amended (the \u201cExchange Act\u201d), 15 U.S.C. \u00a7 78p(b).\n\n         2.     Section 16(b) applies to the directors and officers of every issuer of a class of\n\npublicly traded equity securities. Section 16(b) also applies to every beneficial owner of more\n\nthan 10% of any such class. Under Section 16(b), these \u201cinsiders\u201d must disgorge to the issuer any\n\n\n\n1\n On November 8, 2021, the Court granted the Company leave to file an amended pleading. (See Exhibit A attached\nhereto.)\n\f         Case 1:21-cv-08585-JSR Document 46 Filed 11/19/21 Page 2 of 10\n\n\n\n\nprofit they realize from a purchase and sale, or a sale and purchase, of the issuer\u2019s equity securities\n\noccurring within a period of less than six months. Failure to disgorge this \u201cshort-swing\u201d profit\n\npermits the issuer and others to bring suit to recover that profit.\n\n       3.      Liability under Section 16(b) is strict. The profit from a short-swing transaction\n\nmust be disgorged irrespective of any intention on the part of the insider in entering into such\n\ntransaction. Recovery does not depend on proof of scienter, a breach of duty, or the actual\n\nmisuse of inside information.\n\n       4.      The Company brings this action against the Ault Defendants to recover the\n\nhundreds of thousands of dollars of short-swing profits realized by the Ault Defendants from\n\ntheir purchase and sale of the Company\u2019s common stock in violation of Section 16(b). That\n\nprofit is now the lawful property of the Company, which the Ault Defendants are strictly liable to\n\naccount for and repay to the Company.\n\n                                          THE PARTIES\n\n       5.      Plaintiff My Size is a Delaware corporation headquartered in Israel. My Size has\n\ndeveloped and is in the process of commercializing a unique measurement technology based on\n\nsophisticated algorithms and cutting-edge technology with broad applications, including the\n\napparel, e-commerce, DIY, shipping, and parcel delivery industries. The Company is listed on\n\nthe Tel Aviv Stock Exchange and the Nasdaq Capital Market under the ticker symbol \u201cMYSZ.\u201d\n\n       6.      Defendant Milton Ault is a U.S. citizen, and upon information and belief, is a\n\nresident of California. Defendant Ault is what is often referred to as an \u201cactivist investor.\u201d\n\nAn activist investor is generally defined as an investor that buys a significant stake in a public\n\ncompany in order to influence how that company is managed. He has appeared on a number of\n\nplaylists on YouTube.com that focus on investing, including programs entitled \u201cRisk On,\u201d \u201cI\u2019ve\n\nGiven You Gold Now Run With It,\u201d and \u201cAult-onomous Podcasts,\u201d among others.\n                                                   2\n\f          Case 1:21-cv-08585-JSR Document 46 Filed 11/19/21 Page 3 of 10\n\n\n\n\n         7.     Defendant Ault Alpha is a Delaware limited partnership with its principal place of\n\nbusiness in Las Vegas, Nevada. Defendant Milton Ault is the Chief Executive Officer of Ault\n\nAlpha.\n\n         8.     Defendant Ault Alpha GP is a Delaware limited liability company with its\n\nprincipal place of business in Las Vegas, Nevada, and is the general partner of Ault Alpha.\n\n         9.     Defendant Ault Capital is a Delaware limited liability company with its principal\n\nplace of business in Las Vegas, Nevada, and is the GP of Ault Alpha GP as well as the\n\ninvestment manager of Ault Alpha. Defendant Milton Ault is the Chief Executive Officer of\n\nAult Capital.\n\n         10.    Defendant Ault & Company is a Delaware corporation with its principal place of\n\nbusiness in Las Vegas, Nevada, and is the sole member of Ault Alpha GP and Ault Capital.\n\nDefendant Milton Ault is the CEO and Chairman of the Board of Directors.\n\n                                 JURISDICTION AND VENUE\n\n         11.    The Court has exclusive jurisdiction over this matter pursuant to Section 27 of the\n\nExchange Act, 15 U.S.C. \u00a7 78aa.\n\n         12.    Venue lies in this District under 28 U.S.C. \u00a7 1391(b)(2) because a substantial part\n\nof the events or omissions giving rise to the claim occurred in this District, including the\n\nsecurities purchases and sales described herein, which were executed through the facilities of\n\nNASDAQ, a national securities exchange registered under Section 6 of the Act, 15 U.S.C. \u00a7 78f,\n\nand located in this District.\n\n                                  FACTUAL BACKGROUND\n\nThe Relevant Purchases And Sales\n\n         13.    On September 23, 2021, the Ault Defendants filed a Schedule 13D with the SEC\n\nin regard to the Company (the \u201cSeptember Schedule 13D\u201d). According to the September\n\n                                                  3\n\f         Case 1:21-cv-08585-JSR Document 46 Filed 11/19/21 Page 4 of 10\n\n\n\n\nSchedule 13D, between September 8, 2021 and September 23, 2021, the Ault Defendants\n\npurchased a total of 1,489,235 shares of common stock of the Company in a series of open\n\nmarket transactions at a price that varied between $1.2795 and $1.526 per share.\n\n       14.     Although the September 13D states that the Ault Defendants purchased these\n\nshares because they believed that the Company\u2019s stock was \u201cundervalued and presented an\n\nattractive investment opportunity,\u201d the Ault Defendants have produced no document in response\n\nto demands previously made in this action indicating that anyone associated with the Ault\n\nDefendants made any effort to analyze the value of the Company\u2019s stock prior to its rapid-fire\n\npurchases of close to 10% of the Company\u2019s outstanding stock.\n\n       15.     On October 27, 2021, the Ault Defendants filed an amended Schedule 13D with\n\nthe SEC in regard to the Company (the \u201cOctober Schedule 13D\u201d). According to the October\n\nSchedule 13D, on September 30, 2021, Defendant Ault Alpha purchased an additional 2,654\n\nshares of common stock of the Company at a price of $1.4152 per share, bringing the total\n\nholdings of the Ault Defendants in the Company to 1,491,889 shares.\n\n       16.     On October 26, 2021, the trading volume of the Company\u2019s stock surged to\n\nalmost 1,900 times its average daily volume, pushing the price per share of the Company\u2019s stock\n\nto over $2 a share at certain times in the day. The October Schedule 13D revealed that on that\n\nvery same day, the Ault Defendants sold a total of 1,491,889 shares of common stock of the\n\nCompany at a price of $1.7134 per share, generating a profit of approximately $414,463.\n\nDuring The Relevant Time Period, The\nAult Defendants Were Members Of A Section 13(d) Group\n\n       17.     At the time of the aforementioned purchases and sales, the Ault Defendants were\n\nmembers of a Section 13(d) \u201cgroup\u201d that owned 10% or more of the Company\u2019s outstanding\n\nstock (the \u201cGroup\u201d). In determining whether shareholders are considered to own 10% of the\n\n                                                4\n\f          Case 1:21-cv-08585-JSR Document 46 Filed 11/19/21 Page 5 of 10\n\n\n\n\nissuer for purposes of Section 16(b), two or more shareholders who \u201cagree to act together for the\n\npurpose of acquiring, holding, voting or disposing of equity securities of an issuer\u201d are treated as\n\na group that is deemed under Section 13(d) to hold beneficial ownership of all equity securities\n\nowned by any group members. If members of such a group together hold more than 10% of any\n\nclass of equity securities of an issuer, then each group member is subject to the short-swing\n\nprofit rule under Section 16(b).\n\n        18.      The Group included an individual known as David Lazar, as well as two affiliated\n\nentities, Custodian Ventures LLC (\u201cCustodian Ventures\u201d) and Activist Investing, LLC (\u201cActivist\n\nInvesting\u201d) (collectively, the \u201cLazar Group\u201d). 2 At the time of the aforementioned purchases and\n\nsales made by the Ault Defendants, the Lazar Group owned approximately 9.99% of the\n\nCompany\u2019s outstanding stock, giving the Group ownership of close to 20% of the Company\u2019s\n\noutstanding stock from the end of September 2021 through October 26, 2021.\n\n        19.      Mr. Lazar and Defendant Ault have worked together before having taken activist\n\npositions in the same companies in the past. For example, in 2020, Lazar and Ault Holdings, a\n\ncompany in which Defendant Ault serves as Executive Chairman, both made sizeable\n\ninvestments as a part of a shareholder activist campaign in a company known as Universal\n\nSecurity Instruments, Inc.\n\n        20.      Similarly, according to a Schedule 13D filed with the SEC on November 2, 2020\n\nby Mr. Lazar, Custodian Ventures and Activist Investing, Mr. Lazar acquired a 9.8% interest in a\n\ncompany known as Ikonics Corporation (\u201cIkonics\u201d). According to a Schedule 13D filed with the\n\nSEC on January 14, 2021 by Ault Holdings, Ault Holdings subsequently acquired a 7.12%\n\n\n2\n  Mr. Lazar, Custodian Ventures, and Activist Investing were previously named as defendants in this action. Pursuant\nto a Notice of Voluntary Dismissal so ordered and entered by the Court on November 8, 2021 (Dkt. No. 43), Mr.\nLazar, Custodian Ventures, and Activist Investing (among other defendants) were voluntarily dismissed with prejudice\nfrom the action, and there are no allegations of wrongdoing asserted against the Lazar Group made herein.\n\n                                                         5\n\f         Case 1:21-cv-08585-JSR Document 46 Filed 11/19/21 Page 6 of 10\n\n\n\n\ninterest in Ikonics.\n\n        21.     In addition, Mr. Lazar and Defendant Ault also are both familiar with a type of\n\ntransaction known as a \u201creverse merger.\u201d A reverse merger usually involves a transaction\n\nwhereby a shell entity is merged into another company to form a new publicly traded entity. One\n\nperceived advantage of a reverse merger is that it permits an entity to become a public company\n\nwithout having to go through the relatively more time-consuming and expensive IPO process.\n\n        22.     On May 12, 2021, Custodian Ventures delivered a letter to the Company\n\npurporting to nominate a slate of directors for election at the Company\u2019s next annual meeting of\n\nstockholders (the \u201cLazar Slate\u201d). In materials subsequently filed with the SEC, the Lazar Group\n\nannounced its intent to file a proxy statement to be used to solicit votes for the election of the\n\nLazar Slate.\n\n        23.     The Lazar Group and its representatives subsequently engaged in a series of\n\ndiscussions with the Company and its representatives regarding the future of the Company,\n\nincluding its corporate structure. In June 2021, Custodian Ventures submitted a books and\n\nrecords demand to the Company.\n\n        24.     On September 22, 2021, Custodian Ventures sued the Company in the Court of\n\nChancery of the State of Delaware to compel the Company to hold its annual meeting for the\n\nelections of directors (the \u201cDelaware Action\u201d). That action was commenced the day before the\n\nAult Defendants filed its September Schedule 13D indicating that it had purchased\n\napproximately 9.9% of the Company\u2019s outstanding stock between September 8, 2021 and\n\nSeptember 23, 2021.\n\n        25.     Defendant Ault kept Mr. Lazar informed regarding the Ault Defendants\u2019\n\npurchases of stock in the Company prior to the filing of any Schedule 13D by the Ault\n\n\n\n                                                  6\n\f           Case 1:21-cv-08585-JSR Document 46 Filed 11/19/21 Page 7 of 10\n\n\n\n\nDefendants. During September 2021, Mr. Lazar also was communicating with Defendant Ault\n\nregarding the Delaware Action, including the timing of the filing of the complaint. Accordingly,\n\nDefendant Ault knew as he was building a position in the Company that Mr. Lazar would be\n\nproceeding on an expedited basis with the lawsuit and was going to request soon after\n\ncommencing the action that the Court set a date for the Company\u2019s annual meeting so that\n\nCustodian Ventures could put the Lazar Slate to a shareholder vote. The Ault Defendants also\n\nknew from their communications with Mr. Lazar the approximate date by which it had to\n\npurchase stock in the Company to ensure that the purchased shares could be voted for the Lazar\n\nSlate at the Company\u2019s next annual meeting.\n\n         26.      The day after the Ault Defendant filed the September 13D, Defendant Ault\n\nboasted on a program he co-hosts on YouTube about his investment in the Company, and he\n\nstated that the Company should restructure itself by merging with another public company in a\n\ntransaction similar to one involving a company in which both Defendant Ault and Mr. Lazar\n\npreviously had invested. Specifically, Defendant Ault stated the following at 14:38 minutes into\n\nhis YouTube show:\n\n                  We announced a position in My Size, we have bought 9.9% of\n                  it\u2026we think this company should merge with another public\n                  company very similar to Ikonics and we are going to be pushing\n                  for them to take action and get the company into another business.\n\n         27.      At 16:22 minutes into the program, Defendant Ault admitted that he had done\n\ndeals with Mr. Lazar in the past, and that collectively they controlled 20% of the outstanding\n\nstock in the Company. 3\n\n         28.      Although Defendant Ault has disclaimed any involvement in a group that\n\n\n\n3\n A link to the full clip that this quote is taken from can be found at\nhttps://www.youtube.com/watch?v=5O50uqOVhVU.\n\n                                                            7\n\f          Case 1:21-cv-08585-JSR Document 46 Filed 11/19/21 Page 8 of 10\n\n\n\n\nincluded Mr. Lazar, it strains credulity not to conclude given the facts alleged above that by\n\nsome point in September 2021, the Lazar Group and the Ault Defendants had reached an\n\nunderstanding that shares of the Company\u2019s stock would be purchased during a period that\n\nwould ensure that they could be voted for the Lazar Slate at the Company\u2019s next annual meeting.\n\nSuch an understanding renders the Ault Defendants members of a \u201cgroup\u201d for purposes of\n\nSection 16(b).\n\n         29.     In short, since the Ault Defendants\u2019 purchases and sales were done at a time when\n\nthe Ault Defendants were members of a group that beneficially owned over 10% of the\n\nCompany\u2019s stock, those purchases and sales violated Section 16(b), and accordingly, the Ault\n\nDefendants should be ordered to disgorge to the Company the profit made on those purchases\n\nand sales.\n\n                                   FIRST CLAIM FOR RELIEF\n\n                             DISGORGEMENT UNDER 15 U.S.C. \u00a7 78p(b)\n\n         30.     Plaintiffs reallege and incorporate by reference the allegations in paragraphs 1-29\n\nabove.\n\n         31.     Section 16(b) of the Securities Exchange Act of 1934, as amended, states in\n\npertinent part as follows:\n\n                       For the purpose of preventing the unfair use of information\n               which may have been obtained by [a 10 percent] beneficial owner,\n               director, or officer by reason of his relationship to the issuer, any profit\n               realized by him from any purchase and sale, or any sale and purchase,\n               of any equity security of such issuer (other than an exempted security)\n               or a security-based swap agreement involving any such equity security\n               within any period of less than six months, unless such security or\n               security-based swap agreement was acquired in good faith in connection\n               with a debt previously contracted, shall inure to and be recoverable by\n               the issuer, irrespective of any intention on the part of such beneficial\n               owner, director, or officer in entering into such transaction of holding\n               the security or security-based swap agreement purchased or of not\n               repurchasing the security or security-based swap agreement sold for a\n\n                                                    8\n\f          Case 1:21-cv-08585-JSR Document 46 Filed 11/19/21 Page 9 of 10\n\n\n\n\n               period exceeding six months. Suit to recover such profit may be\n               instituted at law or in equity in any court of competent jurisdiction by\n               the issuer, or by the owner of any security of the issuer in the name and\n               in behalf of the issuer if the issuer shall fail or refuse to bring such suit\n               within sixty days after request or shall fail diligently to prosecute the\n               same thereafter; but no such suit shall be brought more than two years\n               after the date such profit was realized.\n\n15 U.S.C. \u00a7 78p(b).\n\n         32.     At all relevant times, the Ault Defendants were beneficial holders of more than\n\n10% of the equity securities of the Company by reason of their membership in the Group, and\n\naccordingly, were subject to Section 16 of the Exchange Act.\n\n         33.     While subject to Section 16 of the Exchange Act, the Ault Defendants purchased\n\na total of 1,491,889 shares of the Company\u2019s common stock at the prices that varied ranged\n\nbetween $1.2795 and $1.526 per share as further described herein.\n\n         34.     While subject to Section 16 of the Exchange Act, the Ault Defendants sold\n\n1,491,889 shares of the Company\u2019s common stock at the price of $1.7134 per share asfurther\n\ndescribed herein.\n\n         35.     The sales described in paragraph 16 above occurred within less than six months of\n\nthe purchases described in paragraphs 13 and 15 above.\n\n         36.     The sales described in paragraph 16 above were made at a higher price than the\n\npurchases described in paragraph 13 and 15 above.\n\n         37.     The Ault Defendants had a direct or indirect pecuniary interest in all of the shares\n\nof the Company\u2019s common stock purchased and sold as described in paragraphs 13 and 15-16\n\nabove.\n\n         38.     The Ault Defendants realized a profit of approximately $414,463 from the\n\ntransactions described in paragraph 16 above. Under Section 16(b) of the Exchange Act, that\n\nprofit inured to the Company and remains the lawful property of the Company, recoverable by it.\n\n                                                    9\n\f         Case 1:21-cv-08585-JSR Document 46 Filed 11/19/21 Page 10 of 10\n\n\n\n\n                                   DEMAND FOR JURY TRIAL\n\n        39.     Plaintiff My Size respectfully demands a trial by jury on all questions so triable.\n\n                                       PRAYER FOR RELIEF\n\n        40.     WHEREFORE, Plaintiff My Size, Inc. respectfully requests that this Court enter\n\nJudgment against Defendants and in favor of Plaintiff, and that the Court issue an Order:\n\n        41.     Requiring the Ault Defendants to account for and pay over to the Company the\n\nshort-swing profit realized and retained by them in violation of Section 16(b) of the Exchange\n\nAct in an amount not less than $414,463 together with appropriate pre- and post-judgment\n\ninterest and the costs of this suit;\n\n        42.     Awarding the Company its costs and disbursements including reasonable\n\nattorney\u2019s, accountant\u2019s, and expert witness fees; and\n\n        43.     Granting the Company such further relief as the Court deems just and proper.\n\nDated: November 19, 2021                            By: /s/ David K. Momborquette\n\n                                                          MCDERMOTT WILL & EMERY LLP\n                                                          David K. Momborquette\n                                                          M. Elias Berman\n                                                          Timothy C. Cramton\n                                                          One Vanderbilt Avenue\n                                                          New York, NY 10017-3852\n                                                          Telephone: (212) 547-5400\n                                                          Facsimile: (212) 547-5444\n                                                          dmomborquette@mwe.com\n                                                          eberman@mwe.com\n                                                          tcramton@mwe.com\n\n                                                          Counsel for My Size, Inc.\n\n\n\n\n                                                 10\n\f","ocr_status":2,"date_upload":"2021-11-29T23:49:02.705014-08:00","document_number":"46","attachment_number":null,"pacer_doc_id":"127030203001","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Amended Complaint","acms_document_guid":""},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/186749565/","id":186749565,"tags":[],"absolute_url":"/docket/60658674/46/1/my-size-inc-v-lazar/","date_created":"2021-11-29T23:01:53.046806-08:00","date_modified":"2021-11-30T02:04:35.159665-08:00","sha1":"fc33cc34ecbfd24b14e08ac4c1e53528f379cbd2","page_count":2,"file_size":70128,"filepath_local":"recap/gov.uscourts.nysd.568274/gov.uscourts.nysd.568274.46.1.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.nysd.568274/gov.uscourts.nysd.568274.46.1.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"Case 1:21-cv-08585-JSR Document 46-1 Filed 11/19/21 Page 1 of 2\n\n\n\n\n            EXHIBIT A\n\f              Case 1:21-cv-08585-JSR Document 46-1 Filed 11/19/21 Page 2 of 2\nThis is an automatic e-mail message generated by the CM/ECF system. Please DO NOT RESPOND\nto this e-mail because the mail box is unattended.\n***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United States policy permits\nattorneys of record and parties in a case (including pro se litigants) to receive one free\nelectronic copy of all documents filed electronically, if receipt is required by law or directed by\nthe filer. PACER access fees apply to all other users. To avoid later charges, download a copy of\neach document during this first viewing. However, if the referenced document is a transcript,\nthe free copy and 30 page limit do not apply.\n\n                                           U.S. District Court\n\n                                    Southern District of New York\n\nNotice of Electronic Filing\n\nThe following transaction was entered on 11/8/2021 at 4:40 PM EST and filed on 11/8/2021\n                      My Size, Inc. v. Lazar et\nCase Name:\n                      al\nCase Number:          1:21-cv-08585-JSR\nFiler:\nDocument Number: No document attached\n\nDocket Text:\nMinute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on\n11/8/2021,. Plaintiff may file an amended complaint on or before 11/19/21 ( Initial Telephonic\nConference set for 12/1/2021 at 11:00 AM before Judge Jed S. Rakoff with the following\nconnection information: 888-363-4735 toll free USA ; international caller paid 215-446-3657,\naccess code 1086415.) (Kotowski, Linda)\n\n\n1:21-cv-08585-JSR Notice has been electronically mailed to:\n\nAdrienne Marie Ward    award@olshanlaw.com, docketclerk@olshanlaw.com\n\nDavid Keith Momborquette      dmomborquette@mwe.com, eric-dellon-5513@ecf.pacerpro.com,\nmco@mwe.com\n\nHoward Jay Kaplan hkaplan@kaplanrice.com, cfaber@kaplanrice.com, croy@kaplanrice.com,\nmeggenberger@kaplanrice.com, mprutting@kaplanrice.com, rhine@kaplanrice.com, tkaca@kaplanrice.com\n\nThomas James Fleming     tfleming@olshanlaw.com, docketclerk@olshanlaw.com\n\n1:21-cv-08585-JSR Notice has been delivered by other means to:\n\f","ocr_status":2,"date_upload":"2021-11-29T23:49:03.065178-08:00","document_number":"46","attachment_number":1,"pacer_doc_id":"127030203002","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":2,"description":"Exhibit A - November 8, 2021 Minute Entry","acms_document_guid":""}],"date_created":"2021-11-19T15:08:07.463535-08:00","date_modified":"2025-12-12T11:13:30.217173-08:00","date_filed":"2021-11-19","time_filed":null,"entry_number":46,"recap_sequence_number":"2021-11-19.001","pacer_sequence_number":179,"description":"AMENDED COMPLAINT amending 31 Complaint, against Milton C. Ault, III, Ault & Company, Inc., Ault Alpha GP LLC, Ault Alpha LP, Ault Capital Management LLC with JURY DEMAND.Document filed by My Size, Inc.. Related document: 31 Complaint,. (Attachments: # 1 Exhibit A - November 8, 2021 Minute Entry).(Momborquette, David) (Entered: 11/19/2021)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/180079551/","id":180079551,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/60658674/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/185501938/","id":185501938,"tags":[],"absolute_url":"","date_created":"2021-11-12T11:12:24.498379-08:00","date_modified":"2021-11-12T11:12:24.501851-08:00","sha1":"","page_count":null,"file_size":null,"filepath_local":null,"filepath_ia":"","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"","ocr_status":null,"date_upload":null,"document_number":"","attachment_number":null,"pacer_doc_id":"","is_available":false,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Telephone Conference AND ~Util - Set Hearings","acms_document_guid":""}],"date_created":"2021-11-12T11:12:24.492651-08:00","date_modified":"2021-11-12T11:12:24.492682-08:00","date_filed":"2021-11-12","time_filed":null,"entry_number":null,"recap_sequence_number":"2021-11-12T18:55:18+00:00.001","pacer_sequence_number":null,"description":"","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/180018182/","id":180018182,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/60658674/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/185439641/","id":185439641,"tags":[],"absolute_url":"","date_created":"2021-11-11T18:18:48.490710-08:00","date_modified":"2025-12-12T11:13:30.087364-08:00","sha1":"","page_count":null,"file_size":null,"filepath_local":null,"filepath_ia":"","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"","ocr_status":null,"date_upload":null,"document_number":"","attachment_number":null,"pacer_doc_id":"","is_available":false,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"","acms_document_guid":""}],"date_created":"2021-11-11T18:18:48.480690-08:00","date_modified":"2025-12-12T11:13:30.063953-08:00","date_filed":"2021-11-08","time_filed":null,"entry_number":null,"recap_sequence_number":"2021-11-08.003","pacer_sequence_number":null,"description":"Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 11/8/2021,. Plaintiff may file an amended complaint on or before 11/19/21 ( Initial Telephonic Conference set for 12/1/2021 at 11:00 AM before Judge Jed S. Rakoff with the following connection information: 888-363-4735 toll free USA ; international caller paid 215-446-3657, access code 1086415.) (Kotowski, Linda)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/180018181/","id":180018181,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/60658674/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/185439640/","id":185439640,"tags":[],"absolute_url":"","date_created":"2021-11-11T18:18:48.416025-08:00","date_modified":"2025-12-12T11:13:29.952714-08:00","sha1":"","page_count":null,"file_size":null,"filepath_local":null,"filepath_ia":"","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"","ocr_status":null,"date_upload":null,"document_number":"","attachment_number":null,"pacer_doc_id":"","is_available":false,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"","acms_document_guid":""}],"date_created":"2021-11-11T18:18:48.401809-08:00","date_modified":"2025-12-12T11:13:29.928827-08:00","date_filed":"2021-11-05","time_filed":null,"entry_number":null,"recap_sequence_number":"2021-11-05.002","pacer_sequence_number":null,"description":"***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. 42 Notice of Voluntary Dismissal was reviewed and referred to Judge Jed S. Rakoff for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (km)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/179834550/","id":179834550,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/60658674/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/185250420/","id":185250420,"tags":[],"absolute_url":"/docket/60658674/45/my-size-inc-v-lazar/","date_created":"2021-11-09T15:56:10.833880-08:00","date_modified":"2025-12-12T11:13:30.135302-08:00","sha1":"5e3b6aa7ad53153f6e2f33f66958fc44d0258b83","page_count":9,"file_size":268727,"filepath_local":"recap/gov.uscourts.nysd.568274/gov.uscourts.nysd.568274.45.0_1.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.nysd.568274/gov.uscourts.nysd.568274.45.0.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"             Case 1:21-cv-08585-JSR Document 45 Filed 11/09/21 Page 1 of 9\n\n\n\n\nUNITED STATES DISTRICT COURT\nSOUTHERN DISTRICT OF NEW YORK\n\n\n MY SIZE, INC.,                                          Case No.: 1:21-cv-08585 (JSR)\n\n                                        Plaintiff,       PROTECTIVE ORDER\n                      -against-\n\n DAVID LAZAR, CUSTODIAN VENTURES\n LLC, ACTIVIST INVESTING LLC,\n MILTON C. AULT III, AULT ALPHA LP,\n AULT ALPHA GP LLC, AULT CAPITAL\n MANAGEMENT LLC, AULT &\n COMPANY, INC., DAVID ABOUDI,\n PATRICK LONEY, and DAVID NATAN,\n\n                                    Defendants.\n\n\nJED S. RAKOFF, U.S.D.J.\n\n        The parties having agreed to the following terms of confidentiality, and the Court having\n\nfound that good cause exists for issuance of an appropriately tailored confidentiality order\n\ngoverning the pre-trial phase of this action, it is therefore hereby\n\n        ORDERED that any person subject to this Order -- including without limitation the parties\n\nto this action, their representatives, agents, experts and consultants, all third parties providing\n\ndiscovery in this action, and all other interested persons with actual or constructive notice of this\n\nOrder -- shall adhere to the following terms, upon pain of contempt:\n\n        1.       Any person subject to this Order who receives from any other person any\n\n\u201cDiscovery Material\u201d (i.e., information of any kind provided in the course of discovery in this\n\naction) that is designated as \u201cConfidential\u201d pursuant to the terms of this Order shall not disclose\n\nsuch Confidential Discovery Material to anyone else except as expressly permitted hereunder.\n\n        2.       The person producing any given Discovery Material may designate as Confidential\n\nonly such portion of such material as consists of:\n\n                                                     1\n6017461-2\n\f             Case 1:21-cv-08585-JSR Document 45 Filed 11/09/21 Page 2 of 9\n\n\n\n\n              (a) previously nondisclosed financial information (including without limitation\n\n                 profitability reports or estimates, percentage fees, design fees, royalty rates,\n\n                 minimum guarantee payments, sales reports and sale margins);\n\n              (b) previously nondisclosed material relating to ownership or control of any non-public\n\n                 company;\n\n              (c) previously nondisclosed business plans, product development information, or\n\n                 marketing plans;\n\n              (d) any information of a personal or intimate nature regarding any individual;\n\n              (e) private communications with current shareholders, potential investors and potential\n\n                 transaction counterparties regarding My Size, the disclosure of which might\n\n                 reasonably impair the Activist Defendants\u2019 ability to engage in a proxy campaign;\n\n                 or\n\n              (f) any other category of information hereinafter given confidential status by the Court.\n\n        3.       With respect to the Confidential portion of any Discovery Material other than\n\ndeposition transcripts and exhibits, the producing person or that person's counsel may designate\n\nsuch portion as \u201cConfidential\u201d by stamping or otherwise clearly marking as \u201cConfidential\u201d the\n\nprotected portion in a manner that will not interfere with legibility or audibility, and by also\n\nproducing for future public use another copy of said Discovery Material with the confidential\n\ninformation redacted. With respect to deposition transcripts and exhibits, a producing person or\n\nthat person's counsel may indicate on the record that a question calls for Confidential information,\n\nin which case the transcript of the designated testimony shall be bound in a separate volume and\n\nmarked \"Confidential Information Governed by Protective Order\" by the reporter.\n\n\n\n\n                                                    2\n6017461-2\n\f             Case 1:21-cv-08585-JSR Document 45 Filed 11/09/21 Page 3 of 9\n\n\n\n\n        4.        If at any time prior to the trial of this action, a producing person realizes that some\n\nportion[s] of Discovery Material that that person previously produced without limitation should\n\nbe designated as Confidential, he may so designate by so apprising all parties in writing, and such\n\ndesignated portion[s] of the Discovery Material will thereafter be treated as Confidential under the\n\nterms of this Order.\n\n        5.        No person subject to this Order other than the producing person shall disclose any\n\nof the Discovery Material designated by the producing person as Confidential to any other person\n\nwhomsoever, except to:\n\n              (a) the parties to this action;\n\n              (b) counsel retained specifically for this action, including any paralegal, clerical and\n\n                  other assistant employed by such counsel and assigned to this matter;\n\n              (c) as to any document, its author, its addressee, and any other person indicated on the\n\n                  face of the document as having received a copy;\n\n              (d) any witness who counsel for a party in good faith believes may be called to testify\n\n                  at trial or deposition in this action, provided such person has first executed a Non-\n\n                  Disclosure Agreement in the form annexed as an Exhibit hereto;\n\n              (e) any person retained by a party to serve as an expert witness or otherwise provide\n\n                  specialized advice to counsel in connection with this action, provided such person\n\n                  has first executed a Non-Disclosure Agreement in the form annexed as an Exhibit\n\n                  hereto;\n\n              (f) stenographers engaged to transcribe depositions conducted in this action; and\n\n              (g) the Court and its support personnel.\n\n\n\n\n                                                    3\n6017461-2\n\f             Case 1:21-cv-08585-JSR Document 45 Filed 11/09/21 Page 4 of 9\n\n\n\n\n        6.       Prior to any disclosure of any Confidential Discovery Material to any person\n\nreferred to in subparagraphs 5(d) or 5(e) above, such person shall be provided by counsel with a\n\ncopy of this Protective Order and shall sign a Non-Disclosure Agreement in the form annexed as\n\nan Exhibit hereto stating that that person has read this Order and agrees to be bound by its terms.\n\nSaid counsel shall retain each signed Non-Disclosure Agreement, hold it in escrow, and produce\n\nit to opposing counsel either prior to such person being permitted to testify (at deposition or trial)\n\nor at the conclusion of the case, whichever comes first.\n\n        7.       All Confidential Discovery Material filed with the Court, and all portions of\n\npleadings, motions or other papers filed with the Court that disclose such Confidential Discovery\n\nMaterial, shall be filed under seal with the Clerk of the Court and kept under seal until further\n\norder of the Court. The parties will use their best efforts to minimize such sealing. In any event,\n\nany party filing a motion or any other papers with the Court under seal shall also publicly file a\n\nredacted copy of the same, via the Court\u2019s Electronic Case Filing system, that redacts only the\n\nConfidential Discovery Material itself, and not text that in no material way reveals the Confidential\n\nDiscovery Material.\n\n        8.       Any party who either objects to any designation of confidentiality, or who, by\n\ncontrast, requests still further limits on disclosure (such as \u201cattorneys\u2019 eyes only\u201d in extraordinary\n\ncircumstances), may at any time prior to the trial of this action serve upon counsel for the\n\ndesignating person a written notice stating with particularity the grounds of the objection or\n\nrequest. If agreement cannot be reached promptly, counsel for all affected persons will convene a\n\njoint telephone call with the Court to obtain a ruling.\n\n        9.       All persons are hereby placed on notice that the Court is unlikely to seal or\n\notherwise afford confidential treatment to any Discovery Material introduced in evidence at trial,\n\n\n\n                                                  4\n6017461-2\n\f            Case 1:21-cv-08585-JSR Document 45 Filed 11/09/21 Page 5 of 9\n\n\n\n\neven if such material has previously been sealed or designated as Confidential. The Court also\n\nretains unfettered discretion whether or not to afford confidential treatment to any Confidential\n\nDocument or information contained in any Confidential Document submitted to the Court in\n\nconnection with any motion, application, or proceeding that may result in an order and/or decision\n\nby the Court.\n\n        10.      Each person who has access to Discovery Material that has been designated as\n\nConfidential shall take all due precautions to prevent the unauthorized or inadvertent disclosure of\n\nsuch material.\n\n        11.      If, in connection with this litigation, a party inadvertently discloses information\n\nsubject to a claim of attorney-client privilege or attorney work product protection (\u201cInadvertently\n\nDisclosed Information\u201d), such disclosure shall not constitute or be deemed a waiver or forfeiture\n\nof any claim of privilege or work product protection with respect to the Inadvertently Disclosed\n\nInformation and its subject matter.\n\n        12.      If a disclosing party makes a claim of inadvertent disclosure, the receiving party\n\nshall not thereafter review the Inadvertently Disclosed Information for any purpose, except by\n\norder of the Court. The receiving party shall, within five business days, return or destroy all copies\n\nof the Inadvertently Disclosed Information, and provide a certification of counsel that all such\n\ninformation has been returned or destroyed.\n\n        13.      Within five business days of the notification that such Inadvertently Disclosed\n\nInformation has been returned or destroyed, the disclosing party shall produce a privilege log with\n\nrespect to the Inadvertently Disclosed Information.\n\n        14.      As with any information redacted or withheld, the receiving party may move the\n\nCourt for an Order compelling production of the Inadvertently Disclosed Information. The motion\n\n\n\n                                                  5\n6017461-2\n\f            Case 1:21-cv-08585-JSR Document 45 Filed 11/09/21 Page 6 of 9\n\n\n\n\nshall be filed under seal, and shall not assert as a ground for entering such an Order the fact or\n\ncircumstances of the inadvertent production.\n\n        15.     The disclosing party retains the burden of establishing the privileged or protected\n\nnature of any Inadvertently Disclosed Information. Nothing in this Order shall limit the right of\n\nany party to request an in camera review of the Inadvertently Disclosed Information.\n\n        16.     This Protective Order shall survive the termination of the litigation. Within 30 days\n\nof the final disposition of this action, all Discovery Material designated as \u201cConfidential,\u201d and all\n\ncopies thereof, shall be promptly returned to the producing person, or, upon permission of the\n\nproducing person, destroyed.\n\n        17.     This Court shall retain jurisdiction over all persons subject to this Order to the\n\nextent necessary to enforce any obligations arising hereunder or to impose sanctions for any\n\ncontempt thereof.\n\n\n        SO STIPULATED AND AGREED.\n\n\n\n\n                                                  6\n6017461-2\n\f            Case 1:21-cv-08585-JSR Document 45 Filed 11/09/21 Page 7 of 9\n\n\n\n\n        MCDERMOTT WILL & EMERY LLP\n\n        /s/ David K. Momborquette______\n        David K. Momborquette\n        M. Elias Berman\n        Timoth C. Cranton\n        Attorneys for MySize, Inc.\n        One Vanderbilt Avenue\n        New York, NY 10017\n        (212) 547-5400\n        DMomborquette@mwe.com\n        eberman@mwe.com\n        tcramton@mwe.com\n\n        OLSHAN FROME WOLOSKY LLP\n\n        /s/ Adrienne Ward\n        Thomas J. Fleming\n        Adrienne M. Ward\n        Attorneys for Defendants David\n        Lazar, Custodian Ventures LLC,\n        Activist Investing LLC, David\n        Aboudi, Patrick Loney, and David\n        Natan\n        1325 Avenue of the Americas\n        New York, New York 10019\n        (212) 451-2300\n        tfleming@olshanlaw.com\n        award@olshanlaw.com\n\n        KAPLAN RICE LLP\n\n        /s/ Howard J. Kaplan________\n        Howard J. Kaplan\n        Attorneys for Defendants and\n        Counterclaimants Milton C. Ault III, Ault\n        Alpha LP, Ault Alpha GP LLC, Ault Capital\n        Management LLC, and Ault & Company, Inc.\n        142 West 57th Street, Suite 4A\n        New York, New York 10019\n        Tel: (212) 235-0300\n        hkaplan@kaplanrice.com\n\n        Dated: November 8, 2021\n\n\n\n\n                                            7\n6017461-2\n\fCase 1:21-cv-08585-JSR Document 45 Filed 11/09/21 Page 8 of 9\n\f            Case 1:21-cv-08585-JSR Document 45 Filed 11/09/21 Page 9 of 9\n\n\n\n\nUNITED STATES DISTRICT COURT\nSOUTHERN DISTRICT OF NEW YORK\n\n\n MY SIZE, INC.,                                         Case No.: 1:21-cv-08585 (JSR)\n\n                                       Plaintiff,       NON-DISCLOSURE AGREEMENT\n                     -against-\n\n DAVID LAZAR, CUSTODIAN VENTURES\n LLC, ACTIVIST INVESTING LLC,\n MILTON C. AULT III, AULT ALPHA LP,\n AULT ALPHA GP LLC, AULT CAPITAL\n MANAGEMENT LLC, AULT &\n COMPANY, INC., DAVID ABOUDI,\n PATRICK LONEY, and DAVID NATAN,\n\n                                   Defendants.\n\n\n         I, ________________________________, acknowledge that I have read and understand\n\nthe Protective Order in this action governing the non-disclosure of those portions of Discovery\n\nMaterial that have been designated as Confidential. I agree that I will not disclose such\n\nConfidential Discovery Material to anyone other than for purposes of this litigation and that at the\n\nconclusion of the litigation I will return all discovery information to the party or attorney from\n\nwhom I received it. By acknowledging these obligations under the Protective Order, I understand\n\nthat I am submitting myself to the jurisdiction of the United States District Court for the Southern\n\nDistrict of New York for the purpose of any issue or dispute arising hereunder and that my willful\n\nviolation of any term of the Protective Order could subject me to punishment for contempt of\n\nCourt.\n\n\n         Dated: __________________                           ______________________________\n\n\n\n\n                                                    9\n6017461-2\n\f","ocr_status":2,"date_upload":"2021-11-17T14:17:39.815744-08:00","document_number":"45","attachment_number":null,"pacer_doc_id":"127030134201","is_available":true,"is_free_on_pacer":true,"is_sealed":null,"document_type":1,"description":"Protective Order","acms_document_guid":""}],"date_created":"2021-11-09T15:56:10.825875-08:00","date_modified":"2025-12-12T11:13:30.110582-08:00","date_filed":"2021-11-09","time_filed":null,"entry_number":45,"recap_sequence_number":"2021-11-09.001","pacer_sequence_number":174,"description":"PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... SO ORDERED. (Signed by Judge Jed S. Rakoff on 11/8/2021) (kv) (Entered: 11/09/2021)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/179736384/","id":179736384,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/60658674/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/185149872/","id":185149872,"tags":[],"absolute_url":"","date_created":"2021-11-09T01:08:54.149880-08:00","date_modified":"2021-11-09T01:08:54.153759-08:00","sha1":"","page_count":null,"file_size":null,"filepath_local":null,"filepath_ia":"","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"","ocr_status":null,"date_upload":null,"document_number":"","attachment_number":null,"pacer_doc_id":"","is_available":false,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"1 - Terminate Hearings AND ~Util - Set Hearings AND Telephone Conference","acms_document_guid":""}],"date_created":"2021-11-09T01:08:54.143294-08:00","date_modified":"2021-11-09T01:08:54.143328-08:00","date_filed":"2021-11-08","time_filed":null,"entry_number":null,"recap_sequence_number":"2021-11-08T21:40:04+00:00.001","pacer_sequence_number":null,"description":"","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/179732785/","id":179732785,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/60658674/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/185145745/","id":185145745,"tags":[],"absolute_url":"","date_created":"2021-11-08T21:08:43.822923-08:00","date_modified":"2021-11-08T21:08:43.827090-08:00","sha1":"","page_count":null,"file_size":null,"filepath_local":null,"filepath_ia":"","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"","ocr_status":null,"date_upload":null,"document_number":"","attachment_number":null,"pacer_doc_id":"","is_available":false,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"~Util - Set Hearings AND Telephone Conference AND 1 - Terminate Hearings","acms_document_guid":""}],"date_created":"2021-11-08T21:08:43.815675-08:00","date_modified":"2021-11-08T21:08:43.815711-08:00","date_filed":"2021-11-08","time_filed":null,"entry_number":null,"recap_sequence_number":"2021-11-08T21:40:04+00:00.001","pacer_sequence_number":null,"description":"","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/179717339/","id":179717339,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/60658674/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/185129823/","id":185129823,"tags":[],"absolute_url":"","date_created":"2021-11-08T15:08:30.827183-08:00","date_modified":"2021-11-08T15:08:30.830846-08:00","sha1":"","page_count":null,"file_size":null,"filepath_local":null,"filepath_ia":"","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"","ocr_status":null,"date_upload":null,"document_number":"","attachment_number":null,"pacer_doc_id":"","is_available":false,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"~Util - Set Hearings AND 1 - Terminate Hearings AND Telephone Conference","acms_document_guid":""}],"date_created":"2021-11-08T15:08:30.820471-08:00","date_modified":"2021-11-08T15:08:30.820507-08:00","date_filed":"2021-11-08","time_filed":null,"entry_number":null,"recap_sequence_number":"2021-11-08T21:40:04+00:00.001","pacer_sequence_number":null,"description":"","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/179653631/","id":179653631,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/60658674/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/185065186/","id":185065186,"tags":[],"absolute_url":"/docket/60658674/43/my-size-inc-v-lazar/","date_created":"2021-11-08T09:08:04.641831-08:00","date_modified":"2025-12-15T05:20:12.768891-08:00","sha1":"d09b0c11dcb8c2aa6870ca950bd988431834fdf9","page_count":1,"file_size":138627,"filepath_local":"recap/gov.uscourts.nysd.568274/gov.uscourts.nysd.568274.43.0_1.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.nysd.568274/gov.uscourts.nysd.568274.43.0.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"C\u00e9agd 2oceREB88SISSR Beeument 42 Fiidact8/21 pagageck af 1\n\nUNITED STATES DISTRICT COURT i\nSOUTHERN DISTRICT OF NEW YORK\n\nMY SIZE, INC.,\nPlaintiff,\n\nVv. Civil No. 1:21-cv-08585\n\nDAVID LAZAR, CUSTODIAN VENTURES\nLLC, ACTIVIST INVESTING LLC,\nMILTON C. AULT IIL AULT ALPHA LP,\nAULT ALPHA GP LLC, AULT CAPITAL\nMANAGEMENT LLC, AULT &\nCOMPANY, INC., DAVID ABOUDI,\nPATRICK LONEY, and DAVID NATAN,\n\nDefendants.\n\nNOTICE OF VOLUNTARY DISMISSAL PURSUANT TO FRCP 41(a)(1)(A)G)\n\nPursuant to FRCP 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff,\nMy Size, Inc., by and through its undersigned counsel, hereby voluntarily dismisses with\nprejudice defendants David Lazar, Custodian Ventures, LLC, Activist Investing LLC, David\nAboudi, Patric Loney, and David Natan from this action.\n\nDated: November 5, 2021 McDERMOTT WILL & EMERY LLP\nNew York, New York\n\nBy: /s/ David K. Momborquette\nDavid K. Momborquette\nM. Elias Berman\nTimothy C. Cramton\nOne Vanderbilt Avenue\nNew York, NY 10017-3852\nTelephone: (212) 547-5400\nFacsimile: (212) 547-5444\ndmomborquette@mwe.com i\neberman@mwe.com :\ntcramton@mwe.com !\n\nAttorneys for My Size, Inc.\nSOQ o@p ELED\n\n","ocr_status":1,"date_upload":"2025-12-15T05:20:12.764233-08:00","document_number":"43","attachment_number":null,"pacer_doc_id":"127030119719","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"~Util - Add and Terminate Parties AND Notice of Voluntary Dismissal - Signed","acms_document_guid":""}],"date_created":"2021-11-08T09:08:04.636124-08:00","date_modified":"2025-12-12T11:13:29.981144-08:00","date_filed":"2021-11-08","time_filed":null,"entry_number":43,"recap_sequence_number":"2021-11-08.001","pacer_sequence_number":152,"description":"NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO FRCP 41(a)(1)(A)(i): Pursuant to FRCP 41(a)(l)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff, My Size, Inc., by and through its undersigned counsel, hereby voluntarily dismisses with prejudice defendants David Lazar, Custodian Ventures, LLC, Activist Investing LLC, David Aboudi, Patric Loney, and David Natan from this action. SO ORDERED. Custodian Ventures LLC, David Lazar, Patrick Loney, David Natan, David Aboudi and Activist Investing, LLC terminated. (Signed by Judge Jed S. Rakoff on 11/7/2021) (kv) (Entered: 11/08/2021)","tags":[]}],"entries_total":"https://www.courtlistener.com/api/rest/v4/docket-entries/?count=on&docket=60658674&page_size=40"}