Plaintiff, Cepu Sakti Energy Pte. Ltd. (“Plaintiff”), by its undersigned counsel, Fognani & Faught, PLLC, and pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, submits this Notice of Dismissal of
Action Without Prejudice (“Notice”) to the Court dismissing Plaintiff’s claims, without prejudice, against
Defendants Dejour Energy Inc. and Dejour Energy (USA) Corp. (collectively, “Defendants”) in the above-captioned matter.
Pursuant to D.C. Colo. LCivR 7.1(a), counsel for Plaintiff has conferred with counsel for Defendants regarding this Notice, and Defendants do not oppose the dismissal of the action without prejudice.
BlackRock Fund Advisors is out with their quarterly filing which shows they held 7,562,472 AVNR shares as of 3/31, which is up over 700,000 shares from the 6,841,426 they held on 12/31. There are a number of BlackRock funds, and their total holdings of AVNR shares are impressive.
I think we need to break thru that $5.43-$5.44 intraday high we saw back at the end of May. That might imply a move back to the $6 area. Haven't see any #s for the scripts yet today, but almost all of the other biotech scrip reports I'm seeing are down due to the shortened holiday week.
It looks to me like it's possible under the filing requirements that a "qualified institutional investor" wouldn't have to make an initial 13G filing until Feb. of next year. If that is the case, then the next round of 13F filings by Aug14 will probably reveal their identity. I've been trying to get this posted on Y for over an hour now, and this is my last attempt.
Evidently posting references to this information is strictly verboten.
Now the share price is north of $5, a 66% gain from those lows ONE MONTH &/or 2 WEEKS ago.
So what do we get??? WHAAAAAA, WHAAAAAA, WHAAAAAAAAAA. All the way home. It looks to me as if that price move came in part due to actions on the part of management. I very well could be wrong, but I say let's let this play out & see what happens. If you feel that an 8% gain today when the market is down indicates that this is a POS stock, then the logical step to take is sell.
just my 2 cents.
buck1975, an optimistic presumption of the filing delay might be that the mystery investor is using the additional 10 days to accumulate more AVNR shares on the open market. Again, I'm somewhat skeptical that KK & company would okay the sale of such a large block to someone they knew might be readying a takeover attempt (that is unless they want that to happen.) A pessimistic assumption would be that the acquiring entity is one of many that seem to take the maximum time to file these reports. In the same vein, I've seen that several companies and institutions are taking the maximum amount of time to file the various SEC reports - 10Q, 10K, 13F-HR, etc. Each one has a filing deadline and most companies take the maximum amount of time to file them - that's especially hard to believe of the 13F form which is filed by institutions reporting their securities holdings. In this computer age, when an institution can report the NAV of their holdings on a DAILY basis, why does it take so long (45 days!) to report their positions? Another example would be the short interest reports - by the time we see them, they are already around 2 weeks old. Would the market function very well if long buy & sell transactions were reported with a time delay of that magnitude? And actually, the SEC has whittled some of the time delay from these reports. It used 2b that short interest was reported once a month, and financial reports came out 60-90 days after the end of a quarter or year end. Regulation FD was enacted to help provide the small investor with information that was previously only available to the "big boys". At any rate, we still need a lot more transparency. Sorry for the long-winded rant, this is pet peeve of mine.
Baker Brothers are showing 5,790,139 AVNR shares vs 5,428,591 last quarter - in the quarter prior to that they added 1,000,000 shares, so it looks as if they're still a buyer.
Goldman Sachs shows 1,542,516 shares up from 1,085,141 - some would say this was the prelude to their conviction buy call. And speaking of calls, they're showing 858,400 shares in calls & 628,500 in puts.
I don't see any shares listed in Adage Capital Partners' filing which would seem to indicate they've sold their 550,000-share position. Not surprising since they sold 550,000 in the previous quarter.
That takes care of all of the holders who were over 500K shares last quarter. It's possible that a new holder will emerge or an old holder will have added enough to break that barrier. The NAZ site should update tomorrow. As we speak, it's showing 103,070,002 shares in institutional hands, but none of the filings I've reported today are included in that. I put the figure here for comparison purposes tomorrow.
For the period ending 05/15/2014, AVNR had short interest of 16,193,060 shares, which is UP over 1M shares from the 15,090,443 reported in the prior period.
So much for that theory.
503 REDACTED VERSION of 501 MOTION to Strike and for Sanctions by Avanir Holding Company, Avanir Pharmaceuticals Inc., Center for Neurological Study. (Attachments: # 1 Exhibit A & B)(Noreika, Maryellen) (Entered: 06/04/2014)
I'm running my wife to the oncologist so I haven't got time to copy it here. You're much better at it anyway.
btw, you're right about the overall market direction helping AVNRs pps today. I think of it as a tailwind on up days and a headwind on down days.
For the quarter ended 3/31, they're now showing:
Total Shares Held: 118 institutions 104,893,792 shares
Increased Positions: 57 institutions 8,410,566 shares
Decreased Positions: 47 institutions 7,750,361 shares
Institutional Ownership: 65.63%
So, it looks as if institutions actually added to their AVNR shareholdings over the last quarter.
Again, this is a rather imperfect measure, as it reflects their positions as of 7 weeks ago, but it is a small data point for us to keep an eye on. I recall from previous quarters that tute holdings were around 70% of shares o/s, but that was when there was a smaller share base.
I'm watching this one because I sold several of them back when AVNR ran up to $6. The open interest is around 2,400 and I'm wondering if this is a new position or covering.
OBHF, add 5.8M + 11.26M (the Cowen ATM block), and you get 17.06M shares. So it looks as if Baker Bros have accumulated something like ANOTHER million shares in the last few months. Wow!
B. Plaintiffs Should Be Awarded Attorneys’ Fees
In Connection With Bringing This Motion
Wow! That's interesting! GOT TO GO NOW.
I've been away a lot lately, and pretty much forgot about the annual Russell reconstitution. It occurs after the close today, so expect some heavy after hours volume in several stocks. The preliminary list came out last Friday, and I suspect that that was part of the reason for the heavy a/h volume we noticed (along with a triple witch).
Still long & strong AVNR!
They're showing a 900,000-share position in AVNR, down from 2M shares last quarter, BUT, continuing a pattern I'm seeing in several of the filings, they show a 1,300,000-share call option. Again, I suspect that a lot of the 'tutes were hedging their bets with regard to the court case. With that out of the way, it might be interesting to compare institutional holdings from this quarter to those of the next..