Errant Gene Therapeutics, LLC et al v. Soan-Kettering Institute for Cancer Research
| Errant Gene Therapeutics, LLC, Rocco Girondi and Michael Buccellato |
| Soan-Kettering Institute for Cancer Research |
| 1:2015cv02044 |
| March 18, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Alison J. Nathan |
| Patent |
| 28 U.S.C. ยง 1391 |
| Plaintiff |
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Filing
187
MEMORANDUM OPINION AND ORDER: For the foregoing reasons, the Court overrules EGT's objections, and affirms the January 2 fee determination of $88,339.00. The Clerk is directed to enter judgment for attorney's fees in favor of SKI in that amount. (As further set forth in this Order.) (Signed by Judge Alison J. Nathan on 6/21/2018) (cf)
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Filing
185
MEMORANDUM OPINION AND ORDER: Although the evidence supports a conclusion that Errant Gene's counsel failed to act in an objectively reasonable manner in determining whether diversity jurisdiction existed, it does not support a conclusion that they acted with subjective bad faith. Sanctions imposed sua sponte pursuant to Rule 11 are thus not warranted, and as further set forth in this order. (Signed by Judge Alison J. Nathan on 4/4/2018) (ap)
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Filing
181
OPINION AND ORDER: re: 155 MOTION for Attorney Fees /Defendant's Fee Application Per D.I. 149. filed by Sloan-Kettering Institute for Cancer Research. For the foregoing reasons, Defendant SKI's fee application (ECF No. 155) is granted, and Plaintiff EGT is ordered to pay the sum of $88,339.00 to Defendant SKI. So Ordered. (Signed by Magistrate Judge Stewart D. Aaron on 1/2/2018) (js)
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Filing
177
OPINION AND ORDER: EGT has met its burden of proving it has an independently-developed factual basis for its allegations in the Amended New York Complaint. Therefore, it is HEREBY ORDERED that SKI's motion to hold EGT in contempt of Court is DENIED. (Signed by Magistrate Judge Ronald L. Ellis on 10/16/2017) (ap)
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Filing
149
OPINION AND ORDER re: 134 MOTION for Sanctions and to Hold Errant Gene Therapeutics, LLC and its Attorneys in Contempt of Court filed by Sloan-Kettering Institute for Cancer Research. For the foregoing reasons, the court GRANTS SKI& #039;s motions to for Sanctions and DENIES its motion to hold EGT and its attorneys in contempt of Court. (Doc. Nos. 100 and 134.) IT IS HEREBY ORDERED THAT: 1. EGT and its attorneys refrain from further misuse of the AEO and Confidential informatio n obtained in this case pursuant to the Protective Order. 2. EGT pay SKI's reasonable attorneys' fees and costs of bringing these two motions for sanctions (Doc. Nos. 100 and 134.) 3. SKI submit hours and rates for the Court's approval on or before June 19, 2017. (Signed by Magistrate Judge Ronald L. Ellis on 6/5/2017) (mml)
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Filing
124
MEMORANDUM AND ORDER: granting 99 Motion to Dismiss for Lack of Jurisdiction; denying as moot 122 Motion for Leave to File Document. For the foregoing reasons, Errant Gene's motion to dismiss is GRANTED without prejudice to refile in st ate court. The parties shall file submissions regarding the propriety of sanctions against Errant Gene in accordance with the schedule set forth above. In light of that separate briefing schedule, SKI's request for leave to file a sur-reply conc erning sanctions in opposition to Errant Gene's motion to dismiss is DENIED as moot. See Dkt. No. 122. The status conference currently scheduled for January 20, 2017 is hereby adjourned. SO ORDERED. (Signed by Judge Alison J. Nathan on 1/18/2017) (ama)
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Filing
77
MEMORANDUM OPINION AND ORDER re: 54 LETTER MOTION for Conference re: 53 Letter, Protective Order addressed to Judge Alison J. Nathan from Daniel R. Ferri dated 05/19/2016 filed by Errant Gene Therapeutics, LLC, 52 LETTER MOTION for Conference to discuss entry of a Protective Order addressed to Judge Alison J. Nathan from Daniel R. Ferri dated May 16, 2016 filed by Errant Gene Therapeutics, LLC. For the reasons that follow, both motions are GRANTED in par t, and DENIED in part. The Parties are HEREBY ORDERED to conduct discovery in manner consistent with this opinion. The clerk of court is directed to close Doc. No. 52 and 54. (As further set forth in this Order.) (Signed by Magistrate Judge Ronald L. Ellis on 9/2/2016) (kko) Modified on 9/2/2016 (kko).
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Filing
34
MEMORANDUM AND ORDER. For the foregoing reasons, Sloan-Kettering's motion to dismiss is granted in part and denied in part, and its motion to strike is denied. All claims of Plaintiffs Rocco Girondi and Michael Buccellato and Plaintiff Errant Ge ne's replevin claim are dismissed with prejudice. Errant Gene's fraud and breach of contract claims survive, although the breach of contract claim is limited as described above. An initial pretrial conference will be scheduled by separate order. This resolves Dkt. No. 18. Granting in part and denying in part 18 Motion to Dismiss. Party Michael Buccellato and Rocco Girondi terminated. (Signed by Judge Alison J. Nathan on 1/15/2016) (rjm).
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