Minim Inc. filed SEC Form 8-K: Other Events, Financial Statements and Exhibits
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Item 8.01. Other Events.
As previously stated on Minim Inc.’s (the “Company’s”) Current Reports on Form 8-K, dated August 26, 2024 and September 9, 2024, the Company filed for, and on August 20, 2024, was granted a temporary restraining order (“TRO”) by the Supreme Court of the State of New York, Kings County (the “State Court”). The application for the TRO was filed by the Company in order to prohibit The Nasdaq Stock Market (“Nasdaq”) from delisting the Company’s common stock from Nasdaq. The TRO was effective until September 5, 2024. On August 20, 2024, following the State Court’s grant of the TRO, Nasdaq removed the case to federal court. On September 4, 2024, the U.S. District Court for the Eastern District of New York remanded the case to the State Court. On September 5, 2024, the parties entered into a stipulation which was ordered by the State Court on September 6, 2024, to extend the TRO until September 30, 2024, at which point oral arguments were to be heard by the State Court.
On September 30, 2024 the State Court heard oral arguments, and following the hearing, the State Court ruled that the TRO is extended until such time as the State Court shall rule on the Company’s motion for a preliminary injunction against Nasdaq. No date has been set for the issuance of the ruling on the Company’s motion for a preliminary injunction.
In addition, the Company believes that Nasdaq’s deadline to respond to the Company’s complaint was on October 2, 2024, and that Nasdaq defaulted on that deadline by failing to respond to the Company’s Complaint with a timely written submission to the State Court. On October 7, 2024, the Company filed a motion for a default judgment against Nasdaq. This motion for a default judgment against Nasdaq is expected to be heard and considered by the State Court judge on December 19, 2024, or shortly thereafter.
This Current Report on Form 8-K (the “8-K”) and other document incorporated by reference into this 8-K contain or may contain forward-looking statements within the meaning of the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. Forward-looking statements may be identified by the use of forward-looking terms such as “anticipates,” “assumes,” “believes,” “can,” “could,” “estimates,” “expects,” “forecasts,” “guides,” “intends,” “is confident that,” “may,” “plans,” “seeks,” “projects,” “targets,” and “would” or the negative of such terms or other variations on such terms or comparable terminology. Such forward-looking statements include, but are not limited to, statements about the benefits of the Plan and our expectations related to it that are not historical facts. Such statements are based upon the current beliefs and expectations of the management of the Company and are subject to risks and uncertainties that could cause the actual outcome to differ materially.
Item 9.01. Financial Statements and Exhibits.
(d) Exhibits
None.
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SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
MINIM, INC. | ||
Date: October 9, 2024 | By: | /s/ David Lazar |
David Lazar | ||
Chief Executive Officer |
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