Theriva’s Response to the Motion to Postpone the November 18 Meeting

Summary written by the plaintiff, November 7, 2026. These are not Theriva’s words, and this is not a court document.

On November 6, 2026, Theriva filed its response (ECF No. 50) to Plaintiff’s motion to postpone its November 18, 2026 special meeting (ECF No. 42), with a declaration from its chief executive and its October 20 proxy statement. Under the Court’s October 26 order (ECF No. 44), this site does not post documents obtained through the PACER fee exemption. The response is available on the Court’s docket through PACER.

Theriva asks the Court to:

deny the motion in its entirety
require a substantial bond if any relief is granted
bar Plaintiff from filing further motions for emergency or injunctive relief without first getting leave of Court

It also reserves the right to seek sanctions under Rule 11.

In summary, Theriva argues that:

Plaintiff has shown no legal basis for the relief he asks for and no irreparable harm.
Its October proxy statement corrected what it calls a scrivener’s error in the June proxy statement, and the Section 14(a) and 20(a) claims are therefore moot.
The October 9 record date, the meeting in Spain and the conduct of the vote are permitted, and the Court has no authority to order the conditions Plaintiff requests.
Plaintiff has no economic loss, and any loss could be compensated with money.
The Section 10(b) claim is time-barred and fails as a matter of law.

Our side: Plaintiff’s reply

Updated November 7, 2026. Plaintiff disputes Theriva’s arguments. He filed his reply on November 7, 2026 (ECF No. 52), within the Court’s November 12 deadline (ECF No. 49), with a motion for leave to file excess pages (ECF No. 51). The meeting remains scheduled for November 18, 2026.

Listen to the reply (about 50 minutes):

Computer-generated reading, recorded just before the final wording changes, so a few words differ in places. The document filed with the Court is the official version: read the reply (PDF) and its exhibits.