Bristol-Myers Squibb Company et al v. Kite Pharma, Inc.
Plaintiff: Juno Therapeutics, Inc.
Defendant: Kite Pharma, Inc.
Petitioner: Bristol-Myers Squibb Company
Case Number: 2:2019mc00055
Filed: May 9, 2019
Court: US District Court for the Central District of California
Presiding Judge: Steve Kim
Referring Judge: Consuelo B Marshall
2 Judge: S James Otero
3 Judge: Karen L Stevenson
Nature of Suit: Other Statutory Actions
Jury Demanded By: None
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Docket Report

This docket was last retrieved on July 5, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 5, 2019 Filing 43 APPLICATION of Non-Resident Attorney Evan D. Diamond to Appear Pro Hac Vice on behalf of Movant Bristol-Myers Squibb Company (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24037226) filed by Movant Bristol-Myers Squibb Company. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order on Application of Non-Resident Attorney to Appear in A Specific Case Pro Hac Vice) (Akrotirianakis, Joseph)
June 7, 2019 Opinion or Order Filing 42 ORDER GRANTING APPLICATION of Non-Resident Attorney Vanessa Y. Yen to Appear Pro Hac Vice and designating Joseph N. Akrotirianakis as local counsel on behalf of Movant Bristol-Myers Squibb Company #41 by Judge S. James Otero (lc)
June 7, 2019 Filing 41 APPLICATION of Non-Resident Attorney Vanessa Y. Yen to Appear Pro Hac Vice on behalf of Movant Bristol-Myers Squibb Company (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23882043) filed by Movant Bristol-Myers Squibb Company. (Attachments: #1 Certificate of Good Standing - New York, #2 Certificate of Good Standing New Jersey, #3 Proposed Order on Application of Non-Resident Attorney to Appear in A Specific Case Pro Hac Vice) (Akrotirianakis, Joseph)
May 29, 2019 Opinion or Order Filing 40 MINUTE (IN CHAMBERS) ORDER DENYING NON-PARTY BRISTOL-MYERS SQUIBB COMPANY'S MOTION TO QUASH AND MOTION FOR PROTECTIVE ORDER AGAINST DEFENDANT KITE PHARMA, INC.'S SUBPOENA FOR DEPOSITION TESTIMONY #1 by Magistrate Judge Karen L. Stevenson. IT IS ORDERED that movant BMS's Motion to Quash is DENIED and its request for a Protective Order is DENIED. The parties are directed to meet and confer within five (5) days of the date of this Order to find a mutually agreeable date for the BMS deposition. Further, the BMS deposition must be conducted pursuant to the heightened protections afforded to non-party BMS under the Second Amended Protective Order. (see document for further details) (hr)
May 24, 2019 Opinion or Order Filing 39 MINUTES (IN CHAMBERS) ORDER TAKING NON-PARTY BRISTOL-MYERS SQUIBB COMPANY'S MOTION TO QUASH AND MOTION FOR PROTECTIVE ORDER UNDER SUBMISSION by Magistrate Judge Karen L. Stevenson. The BMS Motion is fully briefed and ready for decision in this district without further briefing. (See Order for complete details) (afe)
May 24, 2019 Filing 38 REPORT of TO THE COURT CLARIFYING S.D.N.Y. PROCEDURAL HISTORY filed by Movant Bristol-Myers Squibb Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Akrotirianakis, Joseph)
May 22, 2019 Opinion or Order Filing 37 MINUTE ORDER IN CHAMBERS - ORDER RE: NON-PARTY BRISTOL-MYERS SQUIBB COMPANY'S MOTION TO QUASH AND MOTION FOR PROTECTIVE ORDER AGAINST DEFENDANT KITE PHARMA, INC.'S SUBPOENA FOR DEPOSITION TESTIMONY [Dkt. No. 1] by Magistrate Judge Karen L. Stevenson. The Court is in receipt of Non-party Bristol-Myers Squibb Company's ("BMS's") Notice of Motion and Motion to Quash and Motion for Protective Order against Defendant Kite Pharma, Inc.'s Subpoena for Deposition Testimony (the "BMS Motion"). On May 17, 2019, the matter was reassigned to Judge Otero and Magistrate Judge Karen L. Stevenson. (Dkt. No. 34.) Although BMS filed a Reply in support the BMS Motion, the Court can find no indicationon the docket that Kite filed an Opposition to the BMS Motion. Accordingly, Kite is directed to file any Opposition to the BMS Motion on or before May 29, 2019. Upon receipt of the Opposition, the Court may order further briefing if it deems it necessary. The Court finds the BMS Motion suitable for decision without oral argument. See Local Rule 7-15.) IT IS SO ORDERED. SEE ORDER FOR DETAILS. #1 (ch)
May 21, 2019 Filing 36 RESPONSE filed by Pro Hac Vice attorney Evan David Diamond on behalf of Movant Bristol-Myers Squibb Company. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as attorney of record on this case and will be removed pursuant to G109 Notice. (lt)
May 21, 2019 Filing 35 RESPONSE filed by Pro Hac Vice attorney Vanessa Y Yen on behalf of Movant Bristol-Myers Squibb Company. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as attorney of record on this case and will be removed pursuant to G109 Notice. (lt)
May 21, 2019 Opinion or Order Filing 34 ORDER TRANSFERRING CIVIL ACTION pursuant to General Order 05-07. ORDER case transferred from Magistrate Judge Rozella A. Oliver to the calendar of Magistrate Judge Karen L. Stevenson for any discovery matters. The case number will now reflect the initials of the transferee Judge 2:19-mc-00055 SJO(KSx). Signed by Magistrate Judge Karen L. Stevenson and Magistrate Judge Rozella A. Oliver. (rn)
May 21, 2019 Filing 33 Notice of Appearance or Withdrawal of Counsel: for attorney Joseph N Akrotirianakis counsel for Movant Bristol-Myers Squibb Company. Adding Joseph N. Akrotirianakis as counsel of record for Bristol-Myers Squibb Company for the reason indicated in the G-123 Notice. Filed by Movant Bristol-Myers Squibb Company. (Akrotirianakis, Joseph)
May 16, 2019 Opinion or Order Filing 32 ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03-Related Case- filed. Related Case No: 2:17-cv-06496 SJO(RAOx). Case transferred from Magistrate Judge Steve Kim and Judge Consuelo B. Marshall to Judge S. James Otero and Magistrate Judge Rozella A. Oliver for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:19-mc-00055 SJO(RAOx). Signed by Judge S. James Otero (rn)
May 14, 2019 Filing 31 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Evan David Diamond. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (car)
May 14, 2019 Filing 30 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Vanessa Y. Yen. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (car)
May 13, 2019 Filing 29 NOTICE of Related Case(s) filed by Defendant Kite Pharma, Inc.. Related Case(s): 2:17-cv-7639-SJO-KS (Lawton, Adam)
May 13, 2019 Filing 28 CERTIFICATE of Interested Parties filed by Defendant Kite Pharma, Inc., identifying Gilead Sciences, Inc.. (Lawton, Adam)
May 13, 2019 Filing 27 Notice of Appearance or Withdrawal of Counsel: for attorney Adam R Lawton counsel for Defendant Kite Pharma, Inc.. Adding Adam R. Lawton as counsel of record for Kite Pharma, Inc. for the reason indicated in the G-123 Notice. Filed by Respondent Kite Pharma, Inc.. (Attorney Adam R Lawton added to party Kite Pharma, Inc.(pty:dft))(Lawton, Adam)
May 13, 2019 Filing 26 Notice of Appearance or Withdrawal of Counsel: for attorney Joseph N Akrotirianakis counsel for Movant Bristol-Myers Squibb Company. Adding Joseph N. Akrotirianakis as counsel of record for Movant BRISTOL-MYERS SQUIBB COMPANY for the reason indicated in the G-123 Notice. Filed by Movant BRISTOL-MYERS SQUIBB COMPANY. (Attorney Joseph N Akrotirianakis added to party Bristol-Myers Squibb Company(pty:mov))(Akrotirianakis, Joseph)
May 10, 2019 Filing 25 NOTICE OF ASSIGNMENT to District Judge Consuelo B. Marshall and Magistrate Judge Steve Kim. (car)
May 10, 2019 Filing 24 ORIGINAL file, certified copy of transfer order and docket sheet received from New York Southern
May 2, 2019 CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Central District of California. (rjm). [Transferred from New York Southern on 5/10/2019.]
May 2, 2019 Transmission to Sealed Records Clerk. Transmitted re: #23 Order on Motion to Transfer Case to the Sealed Records Clerk for the sealing or unsealing of document or case. The case is transferred electronically to the Central District of California, but doc. no. 20 is a non-pdf sealed document. (rjm) [Transferred from New York Southern on 5/10/2019.]
May 2, 2019 Opinion or Order Filing 23 ORDER granting #8 Motion to Transfer Case. It is hereby ORDERED that Kite's motion to transfer is GRANTED. The Clerk of Court is respectfully directed to transfer this action to the Central District of California (Juno Therapeutics, Inc. v. Kite Pharma, Inc., 17-cv-7639). (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 5/2/2019) (cf) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 5/10/2019.]
April 30, 2019 Filing 22 LETTER addressed to Judge Lorna G. Schofield from Vanessa Y. Yen dated April 30, 2019 re: Response to Kite Pharma, Inc.'s April 30, 2019 letter (Dkt. No. 21) concerning an order issued yesterday in the underlying California action (Juno v. Kite Action, Dkt. 219). Document filed by Bristol-Myers Squibb Company.(Yen, Vanessa) [Transferred from New York Southern on 5/10/2019.]
April 30, 2019 Filing 21 LETTER addressed to Judge Lorna G. Schofield from John T. Johnson dated 4/30/2019 re: CDCA Order. Document filed by Kite Pharma, Inc..(Johnson, John) [Transferred from New York Southern on 5/10/2019.]
April 22, 2019 Filing 20 SEALED DOCUMENT placed in vault.(mhe) [Transferred from New York Southern on 5/10/2019.]
April 18, 2019 Filing 19 REPLY MEMORANDUM OF LAW in Support re: #1 MISCELLANEOUS CASE INITIATING DOCUMENT - MOTION to Quash Deposition subpoena - Non-Party Bristol-Myers Squibb Companys Notice Of Motion And Motion To Quash And Motion For Protective Order Against Defendant Kite Pharma, Inc.s Subpoena For Deposit - Filed in Redacted Form and Deemed Filed April 4, 2019 pursuant to Order filed 4/18/19 (ECF Doc. 18). Document filed by Bristol-Myers Squibb Company. (Yen, Vanessa) [Transferred from New York Southern on 5/10/2019.]
April 18, 2019 Opinion or Order Filing 18 ORDER: It is hereby ORDERED that the proposed redactions and sealed filings are accepted. It is further ORDERED that by April 22, 2019, Movant shall file a redacted version of its Reply in Support of its Motions to Quash and for a Protective Order (the "Reply Memorandum"), and file under seal unredacted copies of Movant's opening Memorandum of Law, Exhibit 10 attached to the opening Memorandum, and the Reply Memorandum, consistent with this Order. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 4/18/2019) (cf) [Transferred from New York Southern on 5/10/2019.]
April 11, 2019 Filing 17 REPLY MEMORANDUM OF LAW in Support re: #8 MOTION to Transfer Case to the Central District of California. . Document filed by Kite Pharma, Inc.. (Johnson, John) [Transferred from New York Southern on 5/10/2019.]
April 9, 2019 Filing 16 MEMORANDUM OF LAW in Opposition re: #8 MOTION to Transfer Case to the Central District of California. . Document filed by Bristol-Myers Squibb Company. (Yen, Vanessa) [Transferred from New York Southern on 5/10/2019.]
April 9, 2019 Filing 15 AFFIDAVIT OF SERVICE of Memorandum of Law in Support of Non-Party Bristol-Myers Squibb Co's Motion to Quash and Motion for Protective Order Against Kite Pharma, Inc.'s Subpoena for Deposition Testimony with supporting Declarations and exhibits [redacted and unredacted versions] served on Adam R. Lawton, Esq.; Munger, Tolles & Olson, LLP on March 27, 2019. Service was accepted by Norma Hernandez, Mailroom Clerk. Document filed by Bristol-Myers Squibb Company. (Yen, Vanessa) [Transferred from New York Southern on 5/10/2019.]
April 5, 2019 Filing 14 NOTICE OF APPEARANCE by Vanessa Y. Yen on behalf of Bristol-Myers Squibb Company. (Yen, Vanessa) [Transferred from New York Southern on 5/10/2019.]
April 5, 2019 Filing 13 LETTER addressed to Judge Lorna G. Schofield from Evan D. Diamond dated 4/5/2019 re: Bristol-Myers' position on the motion to transfer pursuant to the Court's April 3, 2019 Order (Dkt. No. 12). Document filed by Bristol-Myers Squibb Company.(Diamond, Evan) [Transferred from New York Southern on 5/10/2019.]
April 3, 2019 Opinion or Order Filing 12 MEMO ENDORSEMENT on re: #8 MOTION to Transfer Case to the Central District of California. filed by Kite Pharma, Inc. ENDORSEMENT: By April 5, 2019, 12:30 p.m. ET, Movant Bristol-Myers Squibb shall inform the Court if it consents to transfer the Motion to Quash and for a Protective Order to the Central District of California, under Federal Rule of Civil Procedure 45(f). If Movant does not consent, then Movant shall submit by April 5, 2019, 12:30 p.m. ET, a short letter, not to exceed 3 pages, previewing its response to Defendant Kite Pharma's Motion to Transfer. SO ORDERED. (Responses due by 4/5/2019) (Signed by Judge Lorna G. Schofield on 4/3/2019) (cf) [Transferred from New York Southern on 5/10/2019.]
April 3, 2019 ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #11 Proposed Order was reviewed and approved as to form. (km) [Transferred from New York Southern on 5/10/2019.]
April 2, 2019 Filing 11 PROPOSED ORDER. Document filed by Kite Pharma, Inc.. Related Document Number: #8 . (Johnson, John) Proposed Order to be reviewed by Clerk's Office staff. [Transferred from New York Southern on 5/10/2019.]
April 2, 2019 Filing 10 DECLARATION of John T. Johnson in Support re: #8 MOTION to Transfer Case to the Central District of California.. Document filed by Kite Pharma, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Johnson, John) [Transferred from New York Southern on 5/10/2019.]
April 2, 2019 Filing 9 MEMORANDUM OF LAW in Support re: #8 MOTION to Transfer Case to the Central District of California. . Document filed by Kite Pharma, Inc.. (Johnson, John) [Transferred from New York Southern on 5/10/2019.]
April 2, 2019 Filing 8 MOTION to Transfer Case to the Central District of California. Document filed by Kite Pharma, Inc..(Johnson, John) [Transferred from New York Southern on 5/10/2019.]
April 2, 2019 Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Gilead Sciences, Inc. for Kite Pharma, Inc.. Document filed by Kite Pharma, Inc..(Johnson, John) [Transferred from New York Southern on 5/10/2019.]
April 2, 2019 Filing 6 NOTICE OF APPEARANCE by John T. Johnson on behalf of Kite Pharma, Inc.. (Johnson, John) [Transferred from New York Southern on 5/10/2019.]
March 28, 2019 MISCELLANEOUS CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (bcu) [Transferred from New York Southern on 5/10/2019.]
March 28, 2019 Case Designated ECF. (bcu) [Transferred from New York Southern on 5/10/2019.]
March 27, 2019 Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bristol-Myers Squibb Company.(Diamond, Evan) [Transferred from New York Southern on 5/10/2019.]
March 27, 2019 Filing 4 DECLARATION of Vanessa Y. Yen in Support re: #1 MISCELLANEOUS CASE INITIATING DOCUMENT - MOTION to Quash Deposition subpoena - Non-Party Bristol-Myers Squibb Companys Notice Of Motion And Motion To Quash And Motion For Protective Order Against Defendant Kite Pharma, Inc.s Subpoena For Deposit. Document filed by Bristol-Myers Squibb Company. (Attachments: #1 Exhibit 1- Deposition Subpoena, #2 Exhibit 2 -Subpoena for Documents, #3 Exhibit 3- Jan. 18, 2019 e-mail, #4 Exhibit 4 - E-mail chain between Declarant and Kite's Counsel, #5 Exhibit 5 - Kite Counsel's email to counsel for BMS Joseph Akrotirianakis, #6 Exhibit 6 - Law360 Article Naso, C., Bristol-Myers Fights Investor Pushback on $74B Celgene Buy, #7 Exhibit 7- Amended Form S-4, #8 Exhibit 8 - FTCs Instructions for completing FTC Form C4, #9 Exhibit 9 - February 27, 2019 Rule 30(b)(6) notice Kite served on Celgene, #10 Exhibit 10- Declaration of Brian Heaphy in support of BMSs Motion to Quash and Motion for Protective Order (Redacted))(Diamond, Evan) [Transferred from New York Southern on 5/10/2019.]
March 27, 2019 Filing 3 MEMORANDUM OF LAW in Support re: #1 MISCELLANEOUS CASE INITIATING DOCUMENT - MOTION to Quash Deposition subpoena - Non-Party Bristol-Myers Squibb Companys Notice Of Motion And Motion To Quash And Motion For Protective Order Against Defendant Kite Pharma, Inc.s Subpoena For Deposit . Document filed by Bristol-Myers Squibb Company. (Diamond, Evan) [Transferred from New York Southern on 5/10/2019.]
March 27, 2019 Filing 2 MISCELLANEOUS COVER SHEET filed. (Diamond, Evan) [Transferred from New York Southern on 5/10/2019.]
March 27, 2019 Filing 1 MISCELLANEOUS CASE INITIATING DOCUMENT - MOTION to Quash Deposition subpoena - Non-Party Bristol-Myers Squibb Companys Notice Of Motion And Motion To Quash And Motion For Protective Order Against Defendant Kite Pharma, Inc.s Subpoena For Deposition Testimony. Other Court Name: United States District Court - Central District of California. Other Court Case Number: 2:17-cv-7639-SJO-KS. (Filing Fee $ 47.00, Receipt Number ANYSDC-16574330)Document filed by Bristol-Myers Squibb Company.(Diamond, Evan) [Transferred from New York Southern on 5/10/2019.]

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Defendant: Kite Pharma, Inc.
Represented By: John T Johnson
Represented By: Adam R Lawton
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Petitioner: Bristol-Myers Squibb Company
Represented By: Vanessa Y Yen
Represented By: Evan David Diamond
Represented By: Joseph N Akrotirianakis
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Plaintiff: Juno Therapeutics, Inc.
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