Oracle Partners, L.P. et al v. Concentric Analgesics, Inc. et al
| VHCP Co-Investment Holdings, LLC, Oracle Institutional Partners, L.P., Cowen Healthcare Investments II LP, Venrock Healthcare Capital Partners, L.P., Oracle Ten Fund, L.P., PNC Gift Trust of 2012, Feinberg Family Trust, Oracle Partners, L.P., Kern Odysseus, LLC, Chi EF II LP and Schuler Concentric Partnership |
| Concentric Analgesics, Inc., Frank J Bellizzi, Jr. and M.D. John F Donovan |
| 4:2020cv03775 |
| June 8, 2020 |
| US District Court for the Northern District of California |
| Haywood S Gilliam |
| Securities/Commodities |
| 12 U.S.C. § 22 Securities Fraud |
| Plaintiff |
Docket Report
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Filing 100
ORDER by Judge Haywood S. Gilliam, Jr. granting #73 , #79 Administrative Motions to Seal. (wft, COURT STAFF) (Filed on 3/17/2022) Modified on 3/24/2022 (wft, COURT STAFF). Modified on 3/24/2022 (wft, COURT STAFF).
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| Filing 99 NOTICE of Voluntary Dismissal WITH PREJUDICE by Chi EF II LP, Cowen Healthcare Investments II LP, Feinberg Family Trust, Kern Odysseus, LLC, Oracle Institutional Partners, L.P., Oracle Partners, L.P., Oracle Ten Fund, L.P., PNC Gift Trust of 2012, Schuler Concentric Partnership, VHCP Co-Investment Holdings, LLC, Venrock Healthcare Capital Partners, L.P. (Bartlett, Jaime) (Filed on 12/1/2021) |
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Filing 98
ORDER by Judge Haywood S. Gilliam, Jr. Granting #97 Stipulation REQUEST FOR CHANGING TIME (CIV. L.R. 6-2). Motion (Stipulated Dismissal) due by 12/3/2021. (ndr, COURT STAFF) (Filed on 11/23/2021)
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| Filing 97 STIPULATION WITH PROPOSED ORDER REQUEST FOR CHANGING TIME (CIV. L.R. 6-2) filed by Frank J Bellizzi, Jr, Concentric Analgesics, Inc., John F Donovan. (Malhotra, Paven) (Filed on 11/22/2021) |
| Filing 96 Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Telephonic Status Conference held on 11/16/2021. Total Time in Court: 3 Minutes. Not Reported. Plaintiff Attorney: Jaime Bartlett. Defendant Attorney: Paven Malhotra. Parties advise the Court that they anticipate finalizing the settlement and filing a dismissal by the end of the week. The Court orders that any stipulated dismissal be filed within one week from today (11/23/2021). The Court deems the motion to dismiss (docket no. #81 ) submitted on the papers. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Date Filed: 11/16/2021) |
| Filing 95 CLERK'S NOTICE SETTING TELEPHONIC STATUS CONFERENCE. Notice is hereby given that a Telephonic Status Conference has been set for November 16, 2021, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m. This proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ndr, COURT STAFF) (Filed on 11/15/2021) |
| Filing 94 REPLY (re #81 Joint MOTION to Dismiss Plaintiffs First Amended Complaint ) filed byFrank J Bellizzi, Jr, Concentric Analgesics, Inc., John F Donovan. (Peters, Elliot) (Filed on 11/15/2021) |
| Filing 93 CLERK'S NOTICE RE DOCKET NO. #81 . Notice is hereby given that the hearing on the motion previously set for November 18, 2021 will be held telephonically. This proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ndr, COURT STAFF) (Filed on 11/15/2021) |
| Filing 92 STATUS REPORT re Dkt. 91 by Frank J Bellizzi, Jr, Concentric Analgesics, Inc., John F Donovan. (Malhotra, Paven) (Filed on 11/1/2021) |
| Set Deadline, See Docket No. 91 : Joint Status Report due by 11/1/2021. (ndr, COURT STAFF) (Filed on 10/25/2021) |
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Filing 91
ORDER by Hon. Haywood S. Gilliam, Jr. DIRECTING the parties to file by November 1, 2021, a joint status report of no more than two pages describing the status of the parties' settlement discussions. To the extent the parties intend to proceed with the pending motion to dismiss, the parties are advised that the hearing will be continued to December 3, 2021, at 2:00 p.m. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc1, COURT STAFF) (Filed on 10/25/2021)
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| Filing 90 Request for Judicial Notice re #89 Opposition/Response to Motion,, PLAINTIFFS JOINT STATEMENT OF NON-OPPOSITION REGARDING DEFENDANTS JOINT REQUEST TO INCORPORATE BY REFERENCE (ECF NO. 82) filed byChi EF II LP, Cowen Healthcare Investments II LP, Feinberg Family Trust, Kern Odysseus, LLC, Oracle Institutional Partners, L.P., Oracle Partners, L.P., Oracle Ten Fund, L.P., PNC Gift Trust of 2012, Schuler Concentric Partnership, VHCP Co-Investment Holdings, LLC, Venrock Healthcare Capital Partners, L.P.. (Related document(s) #89 ) (Bartlett, Jaime) (Filed on 10/22/2021) |
| Filing 89 OPPOSITION/RESPONSE (re #81 Joint MOTION to Dismiss Plaintiffs First Amended Complaint ) ;MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed byChi EF II LP, Cowen Healthcare Investments II LP, Feinberg Family Trust, Kern Odysseus, LLC, Oracle Institutional Partners, L.P., Oracle Partners, L.P., Oracle Ten Fund, L.P., PNC Gift Trust of 2012, Schuler Concentric Partnership, VHCP Co-Investment Holdings, LLC, Venrock Healthcare Capital Partners, L.P.. (Attachments: #1 Proposed Order DENYING DEFENDANTS JOINT MOTION TO DISMISS)(Bartlett, Jaime) (Filed on 10/22/2021) |
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Filing 88
ORDER by Judge Haywood S. Gilliam, Jr. Granting #87 Stipulation REQUEST FOR CHANGING TIME (CIV. L.R. 6-2). (ndrS, COURT STAFF) (Filed on 10/15/2021)
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| Reset Deadlines as to #81 Joint MOTION to Dismiss Plaintiffs First Amended Complaint, See Docket No. #88 : Responses due by 10/22/2021 and Replies due by 11/15/2021. (ndrS, COURT STAFF) (Filed on 10/15/2021) |
| Filing 87 STIPULATION WITH PROPOSED ORDER REQUEST FOR CHANGING TIME (CIV. L.R. 6-2) filed by Chi EF II LP, Cowen Healthcare Investments II LP, Feinberg Family Trust, Kern Odysseus, LLC, Oracle Institutional Partners, L.P., Oracle Partners, L.P., Oracle Ten Fund, L.P., PNC Gift Trust of 2012, Schuler Concentric Partnership, VHCP Co-Investment Holdings, LLC, Venrock Healthcare Capital Partners, L.P., Concentric Analgesics, Inc. Frank Bellizzi, Jr., John Donovan . (Bartlett, Jaime) (Filed on 10/14/2021) Modified on 10/15/2021 (ecgS, COURT STAFF). |
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Filing 86
ORDER by Judge Haywood S. Gilliam, Jr. Granting #85 Stipulated Request for Order Changing Time (CIV. L.R. 6-2). (ndrS, COURT STAFF) (Filed on 9/29/2021)
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| Reset Deadlines/Hearing as to #81 Joint MOTION to Dismiss Plaintiffs First Amended Complaint, See Docket No. #86 : Responses due by 10/15/2021; Replies due by 11/8/2021; and Motion Hearing set for 11/18/2021 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 9/29/2021) |
| Filing 85 STIPULATION AND [PROPOSED] ORDER re Stipulated Request for Order Changing Time (CIV. L.R. 6-2) filed by Chi EF II LP, Cowen Healthcare Investments II LP, Feinberg Family Trust, Kern Odysseus, LLC, Oracle Institutional Partners, L.P., Oracle Partners, L.P., Oracle Ten Fund, L.P., PNC Gift Trust of 2012, Schuler Concentric Partnership, VHCP Co-Investment Holdings, LLC, Venrock Healthcare Capital Partners, L.P.. (Bartlett, Jaime) (Filed on 9/28/2021) |
| Reset Deadlines as to #81 Joint MOTION to Dismiss Plaintiffs First Amended Complaint, [See Docket No. 84 : Responses due by 9/30/2021 and Replies due by 10/22/2021. (ndrS, COURT STAFF) (Filed on 8/19/2021) |
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Filing 84
ORDER by Hon. Haywood S. Gilliam, Jr. GRANTING IN PART and DENYING IN PART Dkt. No. #83 the parties' stipulated request for order changing time. To provide the parties time to finalize their settlement agreement, the Court RESETS the briefing schedule on Dkt. No. #81 the pending motion to dismiss as follows: Plaintiffs' opposition is due September 30, 2021; and Defendants' reply in support of the motion is due October 22, 2021. The November 4, 2021 hearing on the motion remains on calendar, and will be vacated if the parties are able to finalize their settlement and dismiss this action before that date. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc1S, COURT STAFF) (Filed on 8/19/2021)
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| Filing 83 Stipulated Request for Order Changing Time (CIV. L.R. 6-2) with Proposed Order filed by Chi EF II LP, Cowen Healthcare Investments II LP, Feinberg Family Trust, Kern Odysseus, LLC, Oracle Institutional Partners, L.P., Oracle Partners, L.P., Oracle Ten Fund, L.P., PNC Gift Trust of 2012, Schuler Concentric Partnership, VHCP Co-Investment Holdings, LLC, Venrock Healthcare Capital Partners, L.P., Concentric Analgesics, Inc., Frank J. Bellizzi, Jr. and John Donovan. (Bartlett, Jaime) (Filed on 8/18/2021) Modified on 8/19/2021 (bnsS, COURT STAFF). |
| #Electronic filing error. REMINDER TO COUNSEL: When filing a Motion, the Proposed Order should be filed as attachment to the motion. They are not to be filed separately. [err102] C orrected by Clerk's Office. No further action is necessary. Re: #80 Proposed Order filed by Concentric Analgesics, Inc. (bnsS, COURT STAFF) (Filed on 8/4/2021) |
| Filing 82 Request for Judicial Notice to Incorporate by Reference in Support of Joint Motion to Dismiss Plaintiffs First Amended Complaint filed byFrank J Bellizzi, Jr, Concentric Analgesics, Inc., John F Donovan. (Attachments: #1 Proposed Order)(Peters, Elliot) (Filed on 8/3/2021) |
| Filing 81 Joint MOTION to Dismiss Plaintiffs First Amended Complaint filed by Frank J Bellizzi, Jr, Concentric Analgesics, Inc., John F Donovan. Motion Hearing set for 11/4/2021 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 8/31/2021. Replies due by 9/21/2021. (Attachments: #1 Declaration of Morgan E. Sharma, #2 Exhibits A-I, #3 Proposed Order)(Peters, Elliot) (Filed on 8/3/2021) |
| Filing 80 Proposed Order re #79 Administrative Motion to File Under Seal Exhibits Accompanying Defendants Joint Motion to Dismiss Plaintiffs First Amended Complaint by Concentric Analgesics, Inc.. (Peters, Elliot) (Filed on 8/3/2021) |
| Filing 79 Administrative Motion to File Under Seal Exhibits Accompanying Defendants Joint Motion to Dismiss Plaintiffs First Amended Complaint filed by Concentric Analgesics, Inc.. (Attachments: #1 Declaration of Dr. Frank Bellizzi, #2 Redacted Version of Exhibit F to Declaration of Morgan Sharma in Support of Defendants Joint Motion to Dismiss Plaintiffs First Amended Complaint, #3 Redacted Version of Exhibit G to Declaration of Morgan Sharma in Support of Defendants Joint Motion to Dismiss Plaintiffs First Amended Complaint, #4 Redacted Version of Exhibit H to Declaration of Morgan Sharma in Support of Defendants Joint Motion to Dismiss Plaintiffs First Amended Complaint, #5 Redacted Version of Exhibit I to Declaration of Morgan Sharma in Support of Defendants Joint Motion to Dismiss Plaintiffs First Amended Complaint, #6 Unredacted Version of Exhibit F to Declaration of Morgan Sharma in Support of Defendants Joint Motion to Dismiss Plaintiffs First Amended Complaint, #7 Unredacted Version of Exhibit G to Declaration of Morgan Sharma in Support of Defendants Joint Motion to Dismiss Plaintiffs First Amended Complaint, #8 Unredacted Version of Exhibit H to Declaration of Morgan Sharma in Support of Defendants Joint Motion to Dismiss Plaintiffs First Amended Complaint, #9 Unredacted Version of Exhibit I to Declaration of Morgan Sharma in Support of Defendants Joint Motion to Dismiss Plaintiffs First Amended Complaint, #10 Certificate/Proof of Service)(Peters, Elliot) (Filed on 8/3/2021) |
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Filing 78
ORDER by Judge Haywood S. Gilliam Jr. granting #77 Stipulation for Changing Time. Amended Pleadings due by 8/3/2021. Replies due by 9/21/2021. Responses due by 8/31/2021. (fs, COURT STAFF) (Filed on 7/15/2021)
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| Filing 77 STIPULATION WITH PROPOSED ORDER CHANGING TIME (CIV. L. R. 6-2) filed by Frank J Bellizzi, Jr, Concentric Analgesics, Inc., John F Donovan. (Attachments: #1 Declaration of Travis Silva in support of Stipulated Request)(Peters, Elliot) (Filed on 7/15/2021) |
| #Electronic filing error. REMINDER: Counsel is instructed that all future filings shall bear the initials HSG immediately after the case number instead of JSC. Corrected by Clerk 039;s Office. No further action is necessary. Re: #76 Supplemental Brief, filed by Concentric Analgesics, Inc. (bnsS, COURT STAFF) (Filed on 7/12/2021) |
| Filing 76 Supplemental Brief re #73 Administrative Motion to File Under Seal BRIEF IN SUPPORT OF ADMINISTRATIVE MOTION TO FILE UNDER SEAL filed byConcentric Analgesics, Inc.. (Attachments: #1 Exhibit 1, #2 Declaration, #3 Exhibit 1, #4 Proposed Order)(Related document(s) #73 ) (Malhotra, Paven) (Filed on 7/9/2021) |
| Filing 75 CERTIFICATE OF SERVICE by Chi EF II LP, Cowen Healthcare Investments II LP, Feinberg Family Trust, Kern Odysseus, LLC, Oracle Institutional Partners, L.P., Oracle Partners, L.P., Oracle Ten Fund, L.P., PNC Gift Trust of 2012, Schuler Concentric Partnership, VHCP Co-Investment Holdings, LLC, Venrock Healthcare Capital Partners, L.P. re #73 Administrative Motion to File Under Seal (Bartlett, Jaime) (Filed on 7/7/2021) |
| Filing 74 FIRST AMENDED COMPLAINT with Jury Demand against All Defendants. Filed byVHCP Co-Investment Holdings, LLC, Schuler Concentric Partnership, Oracle Ten Fund, L.P., Cowen Healthcare Investments II LP, Kern Odysseus, LLC, Oracle Institutional Partners, L.P., Chi EF II LP, Feinberg Family Trust, Oracle Partners, L.P., PNC Gift Trust of 2012, Venrock Healthcare Capital Partners, L.P.. (Attachments: #1 Appendix of False and/or Misleading Information, #2 Exhibit A)(Bartlett, Jaime) (Filed on 7/6/2021) Modified on 7/7/2021 (bnsS, COURT STAFF). |
| Filing 73 Administrative Motion to File Under Seal filed by Chi EF II LP, Cowen Healthcare Investments II LP, Feinberg Family Trust, Kern Odysseus, LLC, Oracle Institutional Partners, L.P., Oracle Partners, L.P., Oracle Ten Fund, L.P., PNC Gift Trust of 2012, Schuler Concentric Partnership, VHCP Co-Investment Holdings, LLC, Venrock Healthcare Capital Partners, L.P.. (Attachments: #1 Declaration of Jaime A. Bartlett, #2 Proposed Order, #3 Exhibit A (Redacted Version), #4 Exhibit A (Unredacted Version))(Bartlett, Jaime) (Filed on 7/6/2021) |
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Filing 72
ORDER by Judge Haywood S. Gilliam, Jr. GRANTING #70 MOTION TO COMPEL DEPOSITION AND TO MODIFY SCHEDULING ORDER; DENYING REQUEST FOR SANCTIONS. Amended Pleadings due by 7/5/2021. (ndrS, COURT STAFF) (Filed on 6/7/2021)
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| Filing 71 REDACTION to #51 Reply to Opposition/Response by Concentric Analgesics, Inc., John F Donovan, Frank J Bellizzi, Jr. (Peters, Elliot) (Filed on 3/24/2021) |
| Filing 70 REDACTION to #38 Joint MOTION to Dismiss by Concentric Analgesics, Inc., John F Donovan, Frank J Bellizzi, Jr. (Attachments: #1 Exhibit A (Redacted), #2 Exhibit B (Redacted), #3 Exhibit D (Redacted), #4 Exhibit F (Redacted), #5 Exhibit G (Redacted), #6 Exhibit H (Redacted), #7 Exhibit I (Redacted), #8 Exhibit J (Redacted))(Peters, Elliot) (Filed on 3/24/2021) |
| Filing 69 REDACTION to #42 Opposition/Response to Motion,, by VHCP Co-Investment Holdings, LLC, Schuler Concentric Partnership, Oracle Ten Fund, L.P., Cowen Healthcare Investments II LP, Kern Odysseus, LLC, Oracle Institutional Partners, L.P., Chi EF II LP, Feinberg Family Trust, Oracle Partners, L.P., PNC Gift Trust of 2012, Venrock Healthcare Capital Partners, L.P.. (Bartlett, Jaime) (Filed on 3/23/2021) |
| Filing 68 REDACTION to #1 Complaint,, by VHCP Co-Investment Holdings, LLC, Schuler Concentric Partnership, Oracle Ten Fund, L.P., Cowen Healthcare Investments II LP, Kern Odysseus, LLC, Oracle Institutional Partners, L.P., Chi EF II LP, Feinberg Family Trust, Oracle Partners, L.P., PNC Gift Trust of 2012, Venrock Healthcare Capital Partners, L.P.. (Attachments: #1 Exhibit A (Redacted))(Bartlett, Jaime) (Filed on 3/23/2021) |
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Filing 67
ORDER by Judge Haywood S. Gilliam, Jr. GRANTING IN PART AND DENYING IN PART ( #2 , #37 , #41 , #50 ) ADMINISTRATIVE MOTIONS TO SEAL. This order grants in part and denies in part docket nos. #2 and #37 and denies docket nos. #41 and #50 . (ndrS, COURT STAFF) (Filed on 3/17/2021)
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| Filing 66 CLERK'S NOTICE. Notice is hereby given that the Case Management Conference, previously set for November 17th is vacated. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 11/2/2020) |
| Filing 65 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Venrock Healthcare Capital Partners III, L.P. and VHCP Co-Investment Holdings III, LLC (Schafer, Charles) (Filed on 10/27/2020) |
| Filing 64 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Schuler Concentric Partnership (Schafer, Charles) (Filed on 10/27/2020) |
| Filing 63 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by PNC Gift Trust of 2012 (Schafer, Charles) (Filed on 10/27/2020) |
| Filing 62 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Oracle Partners, L.P., Oracle Institutional Partners, L.P., Oracle Ten Fund, L.P., and Feinberg Family Trust (Schafer, Charles) (Filed on 10/27/2020) |
| Filing 61 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Kern Odysseus LLC (Schafer, Charles) (Filed on 10/27/2020) |
| Filing 60 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Cowen Healthcare Investments II LP and Chi EF II LP (Schafer, Charles) (Filed on 10/27/2020) |
| Filing 59 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by John Donovan on his own behalf (Malhotra, Paven) (Filed on 10/27/2020) |
| Filing 58 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options on behalf of Concentric Analgesics, Inc. (Malhotra, Paven) (Filed on 10/27/2020) |
| Filing 57 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Frank Bellizzi, Jr., on his own behalf (Malhotra, Paven) (Filed on 10/27/2020) |
| Filing 56 CLERK'S NOTICE RE DOCKET NO. #49 . Notice is hereby given that the case management conference previously set for November 17th will be held telephonically. (This is a text-only entry generated by the court. There is no document associated with this entry.). This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (ndrS, COURT STAFF) (Filed on 10/27/2020) |
| Filing 55 CLERK'S NOTICE. Notice is hereby given that the Court takes the pending #38 motion to dismiss filings under submission. The hearing previously scheduled for October 1st at 2:00 p.m. is vacated. The Court will issue a written order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 9/29/2020) |
| Filing 54 CLERK'S NOTICE RE DOCKET NO. #38 . Notice is hereby given that the hearing on the motion to dismiss previously set for October 1, 2020 will be held telephonically. (This is a text-only entry generated by the court. There is no document associated with this entry.),. This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (ndrS, COURT STAFF) (Filed on 9/29/2020) |
| Filing 53 CERTIFICATE OF SERVICE by Frank J Bellizzi, Jr, Concentric Analgesics, Inc., John F Donovan re #50 Administrative Motion to File Under Seal REPLY IN SUPPORT OF DEFENDANTS JOINT MOTION TO DISMISS PLAINTIFFS COMPLAINT (Peters, Elliot) (Filed on 9/4/2020) |
| Filing 52 REPLY (re #38 Joint MOTION to Dismiss ) IN SUPPORT OF THEIR JOINT REQUEST TO INCORPORATE BY REFERENCE IN SUPPORT OF MOTION TO DISMISS filed byFrank J Bellizzi, Jr, Concentric Analgesics, Inc., John F Donovan. (Peters, Elliot) (Filed on 9/4/2020) |
| Filing 51 REPLY (re #38 Joint MOTION to Dismiss ) filed byFrank J Bellizzi, Jr, Concentric Analgesics, Inc., John F Donovan. (Peters, Elliot) (Filed on 9/4/2020) |
| Filing 50 Administrative Motion to File Under Seal REPLY IN SUPPORT OF DEFENDANTS JOINT MOTION TO DISMISS PLAINTIFFS COMPLAINT filed by Frank J Bellizzi, Jr, Concentric Analgesics, Inc., John F Donovan. (Attachments: #1 Declaration, #2 Exhibit to Declaration, #3 Proposed Order, #4 Redacted Version of Reply, #5 Unredacted Version of Reply)(Peters, Elliot) (Filed on 9/4/2020) Modified on 9/8/2020 (bnsS, COURT STAFF). |
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Filing 49
ORDER by Judge Haywood S. Gilliam, Jr. Granting #48 Stipulation TO CONTINUE THE INITIAL CASE MANAGEMENT CONFERENCE. Case Management Statement due by 11/10/202 and Initial Case Management Conference set for 11/17/2020 02:00 PM in Oakland, Courtroom 2, 4th Floor. (ndrS, COURT STAFF) (Filed on 8/28/2020)
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| Filing 48 STIPULATION WITH PROPOSED ORDER TO CONTINUE THE INITIAL CASE MANAGEMENT CONFERENCE filed by Chi EF II LP, Cowen Healthcare Investments II LP, Feinberg Family Trust, Kern Odysseus, LLC, Oracle Institutional Partners, L.P., Oracle Partners, L.P., Oracle Ten Fund, L.P., PNC Gift Trust of 2012, Schuler Concentric Partnership, VHCP Co-Investment Holdings, LLC, Venrock Healthcare Capital Partners, L.P., Frank J. Belizzi, Jr., Concentric Analgesics, Inc., John F. Donovan. (Attachments: #1 Declaration of Jaime A. Bartlett in Support of Stipulation to Continue the Initial Case Management Conference)(Bartlett, Jaime) (Filed on 8/25/2020) Modified on 8/26/2020 (bnsS, COURT STAFF). |
| Filing 47 Declaration of Dr. Frank Bellizzi in Support of #41 Administrative Motion to File Under Seal filed byFrank J Bellizzi, Jr, Concentric Analgesics, Inc., John F Donovan. (Attachments: #1 Exhibit 1)(Related document(s) #41 ) (Malhotra, Paven) (Filed on 8/25/2020) |
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Filing 46
ORDER by Judge Haywood S. Gilliam, Jr. Granting #44 Stipulation CHANGING TIME (CIV. L. R. 6-2). (ndrS, COURT STAFF) (Filed on 8/25/2020)
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| Filing 45 CERTIFICATE OF SERVICE by Chi EF II LP, Cowen Healthcare Investments II LP, Feinberg Family Trust, Kern Odysseus, LLC, Oracle Institutional Partners, L.P., Oracle Partners, L.P., Oracle Ten Fund, L.P., PNC Gift Trust of 2012, Schuler Concentric Partnership, VHCP Co-Investment Holdings, LLC, Venrock Healthcare Capital Partners, L.P. re: #2 (Bartlett, Jaime) (Filed on 8/24/2020) Modified on 8/25/2020 (bnsS, COURT STAFF). |
| Filing 44 STIPULATION WITH PROPOSED ORDER CHANGING TIME (CIV. L. R. 6-2) filed by Frank J Bellizzi, Jr, Concentric Analgesics, Inc., John F Donovan, Oracle Partners, L.P., Oracle Institutional Partners, L.P., Oracle Ten Fund, L.P., Feinberg Family Trust, Venrock Healthcare Capital Partners, L.P., VHCP Co-Investment Holdings, LLC., Cowen Healthcare Investments II LP, Chi EF II LP, Kern Odysseus, LLC, PNC Gift Trust of 2012,Schuler Concentric Partnership . (Attachments: #1 Declaration of Travis Silva in support of Stipulated Request)(Silva, Travis) (Filed on 8/24/2020) Modified on 8/25/2020 (bnsS, COURT STAFF). |
| Filing 43 Statement of Non-Opposition REGARDING: (1) DEFENDANT CONCENTRIC ANALGESICS, INC.'S ADMINISTRATIVE MOTION TO FILE UNDER SEAL (ECF NO. 37); (2) DEFENDANTS' JOINT REQUEST TO INCORPORATE BY REFERENCE (ECF NO. 39) filed byChi EF II LP, Cowen Healthcare Investments II LP, Feinberg Family Trust, Kern Odysseus, LLC, Oracle Institutional Partners, L.P., Oracle Partners, L.P., Oracle Ten Fund, L.P., PNC Gift Trust of 2012, Schuler Concentric Partnership, VHCP Co-Investment Holdings, LLC, Venrock Healthcare Capital Partners, L.P.. (Bartlett, Jaime) (Filed on 8/21/2020) |
| Filing 42 OPPOSITION/RESPONSE (re #41 Administrative Motion to File Under Seal ) DEFENDANTS MOTION TO DISMISS COMPLAINT; MEMORANDUM POINTS AND AUTHORITIES filed byChi EF II LP, Cowen Healthcare Investments II LP, Feinberg Family Trust, Kern Odysseus, LLC, Oracle Institutional Partners, L.P., Oracle Partners, L.P., Oracle Ten Fund, L.P., PNC Gift Trust of 2012, Schuler Concentric Partnership, VHCP Co-Investment Holdings, LLC, Venrock Healthcare Capital Partners, L.P.. (Attachments: #1 Proposed Order DENYING DEFENDANTS JOINT MOTION TO DISMISS)(Bartlett, Jaime) (Filed on 8/21/2020) |
| Filing 41 Administrative Motion to File Under Seal filed by Chi EF II LP, Cowen Healthcare Investments II LP, Feinberg Family Trust, Kern Odysseus, LLC, Oracle Institutional Partners, L.P., Oracle Partners, L.P., Oracle Ten Fund, L.P., PNC Gift Trust of 2012, Schuler Concentric Partnership, VHCP Co-Investment Holdings, LLC, Venrock Healthcare Capital Partners, L.P.. (Attachments: #1 Declaration OF JAIME A. BARLTLETT IN SUPPORT OF PLAINTIFF'S ADMINISTRATIVE MOTION TO FILE UNDER SEAL, #2 Proposed Order GRANTING PLAINTIFFS ADMINISTRATIVE MOTION TO FILE UNER SEAL, #3 Opposition to Motion to Dismiss-Redacted Version, #4 Opposition to Motion to Dismiss-UNREDACTED Version)(Bartlett, Jaime) (Filed on 8/21/2020) |
| Filing 40 CERTIFICATE OF SERVICE by Frank J Bellizzi, Jr, Concentric Analgesics, Inc., John F Donovan re #37 Administrative Motion to File Under Seal (Peters, Elliot) (Filed on 8/7/2020) |
| Filing 39 Request for Judicial Notice re #38 Joint MOTION to Dismiss filed byFrank J Bellizzi, Jr, Concentric Analgesics, Inc., John F Donovan. (Attachments: #1 Proposed Order)(Related document(s) #38 ) (Peters, Elliot) (Filed on 8/7/2020) |
| Filing 38 Joint MOTION to Dismiss filed by Frank J Bellizzi, Jr, Concentric Analgesics, Inc., John F Donovan. Motion Hearing set for 10/1/2020 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 8/21/2020. Replies due by 8/28/2020. (Attachments: #1 Declaration of Travis Silva in support of Motion to Dismiss, #2 Exhibit A - Redacted, #3 Exhibit B - Redacted, #4 Exhibit C, #5 Exhibit D - Redacted, #6 Exhibit E, #7 Exhibit F - Redacted, #8 Exhibit G - Redacted, #9 Exhibit H - Redacted, #10 Exhibit I - Redacted, #11 Exhibit J - Redacted, #12 Proposed Order)(Peters, Elliot) (Filed on 8/7/2020) |
| Filing 37 Administrative Motion to File Under Seal filed by Frank J Bellizzi, Jr, Concentric Analgesics, Inc., John F Donovan. (Attachments: #1 Declaration of Dr. Frank Bellizzi, #2 Proposed Order, #3 Redacted Version of Motion to Dismiss, #4 Unredacted Version of Motion to Dismiss, #5 Unredacted Version of Exhibit A, #6 Unredacted Version of Exhibit B, #7 Unredacted Version of Exhibit D, #8 Redacted Version of Exhibit F, #9 Unredacted Version of Exhibit F, #10 Redacted Version of Exhibit G, #11 Unredacted Version of Exhibit G, #12 Redacted Version of Exhibit H, #13 Unredacted Version of Exhibit H, #14 Redacted Version of Exhibit I, #15 Unredacted Version of Exhibit I, #16 Redacted Version of Exhibit J, #17 Unredacted Version of Exhibit J)(Peters, Elliot) (Filed on 8/7/2020) |
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Filing 36
ORDER by Judge Haywood S. Gilliam, Jr. Granting #8 Motion for Pro Hac Vice as to Thomas K. Cauley. (ndrS, COURT STAFF) (Filed on 7/22/2020)
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Filing 35
ORDER by Judge Haywood S. Gilliam, Jr. Granting #7 Motion for Pro Hac Vice as to Charles K. Schafer. (ndrS, COURT STAFF) (Filed on 7/22/2020)
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| Filing 34 NOTICE of Appearance by Morgan Elizabeth Sharma (Sharma, Morgan) (Filed on 6/29/2020) |
| Filing 33 NOTICE of Appearance by Travis S. Silva (Silva, Travis) (Filed on 6/26/2020) |
| Filing 32 NOTICE of Appearance by Paven Malhotra (Malhotra, Paven) (Filed on 6/26/2020) |
| Filing 31 NOTICE of Appearance by Laurie Carr Mims (Mims, Laurie) (Filed on 6/26/2020) |
| Filing 30 NOTICE of Appearance by Elliot Remsen Peters (Peters, Elliot) (Filed on 6/26/2020) |
| Filing 29 CLERK'S NOTICE SETTING TELEPHONIC CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE. Notice is hereby given that at a Telephonic Case Management Conference has been set for September 15, 2020, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m. Case Management Statement due by September 8th. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. All future filings should reflect the case number as 4:20-cv-03775-HSG. (This is a text-only entry generated by the court. There is no document associated with this entry.). This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (ndrS, COURT STAFF) (Filed on 6/25/2020) |
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Filing 28
ORDER, Case Reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Haywood S Gilliam, Jr for all further proceedings. Magistrate Judge Jacqueline Scott Corley no longer assigned to the case.. Signed by The Clerk on 6/24/20. (haS, COURT STAFF) (Filed on 6/24/2020)
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| Filing 27 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ahm, COURT STAFF) (Filed on 6/24/2020) |
| Filing 26 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Chi EF II LP, Cowen Healthcare Investments II LP, Feinberg Family Trust, Kern Odysseus, LLC, Oracle Institutional Partners, L.P., Oracle Partners, L.P., Oracle Ten Fund, L.P., PNC Gift Trust of 2012, Schuler Concentric Partnership, VHCP Co-Investment Holdings, LLC, Venrock Healthcare Capital Partners, L.P... (Bartlett, Jaime) (Filed on 6/23/2020) |
| Filing 25 Corporate Disclosure Statement by Concentric Analgesics, Inc. (Silva, Travis) (Filed on 6/18/2020) |
| Filing 24 Certificate of Interested Entities by Concentric Analgesics, Inc. (Silva, Travis) (Filed on 6/18/2020) |
| Filing 23 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs and Defendant Concentric Analgesics, Inc. shall file a consent or declination to proceed before a magistrate judge by 6/29/2020. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (ahm, COURT STAFF) (Filed on 6/15/2020) |
| Filing 22 Brief in Support of Administrative Motion to File Under Seal filed byConcentric Analgesics, Inc.. (Attachments: #1 Exhibit 1 to Brief in support of Administrative Motion, #2 Exhibit 2 to Brief in support of Administrative Motion, #3 Declaration of Dr. Frank Bellizzi in support of Brief, #4 Exhibit 1 to Declaration of Dr. Frank Bellizzi)(Peters, Elliot) (Filed on 6/12/2020) |
| Filing 21 NOTICE of Appearance by Travis S. Silva (Silva, Travis) (Filed on 6/12/2020) |
| Filing 20 NOTICE of Appearance by Paven Malhotra (Malhotra, Paven) (Filed on 6/12/2020) |
| Filing 19 NOTICE of Appearance by Laurie Carr Mims (Mims, Laurie) (Filed on 6/12/2020) |
| Filing 18 NOTICE of Appearance by Elliot Remsen Peters (Peters, Elliot) (Filed on 6/12/2020) |
| Filing 17 Summons Issued as to Frank J Bellizzi, Jr. (arkS, COURT STAFF) (Filed on 6/9/2020) |
| Filing 16 Summons Issued as to John F Donovan. (arkS, COURT STAFF) (Filed on 6/9/2020) |
| Filing 15 Summons Issued as to Concentric Analgesics, Inc.. (arkS, COURT STAFF) (Filed on 6/9/2020) |
| Filing 14 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/3/2020. Initial Case Management Conference set for 9/10/2020 01:30 PM in San Francisco, Courtroom E, 15th Floor. (arkS, COURT STAFF) (Filed on 6/9/2020) |
| Filing 13 CERTIFICATE OF SERVICE by Chi EF II LP, Cowen Healthcare Investments II LP, Feinberg Family Trust, Kern Odysseus, LLC, Oracle Institutional Partners, L.P., Oracle Partners, L.P., Oracle Ten Fund, L.P., PNC Gift Trust of 2012, Schuler Concentric Partnership, VHCP Co-Investment Holdings, LLC, Venrock Healthcare Capital Partners, L.P. (Bartlett, Jaime) (Filed on 6/9/2020) |
| Filing 12 WAIVER OF SERVICE Returned Executed filed by VHCP Co-Investment Holdings, LLC, Schuler Concentric Partnership, Oracle Ten Fund, L.P., Cowen Healthcare Investments II LP, Kern Odysseus, LLC, Oracle Institutional Partners, L.P., Chi EF II LP, Feinberg Family Trust, Oracle Partners, L.P., PNC Gift Trust of 2012, Venrock Healthcare Capital Partners, L.P.. Service waived by John F Donovan waiver sent on 6/8/2020, answer due 8/7/2020. (Bartlett, Jaime) (Filed on 6/9/2020) |
| Filing 11 WAIVER OF SERVICE Returned Executed filed by VHCP Co-Investment Holdings, LLC, Schuler Concentric Partnership, Oracle Ten Fund, L.P., Cowen Healthcare Investments II LP, Kern Odysseus, LLC, Oracle Institutional Partners, L.P., Chi EF II LP, Feinberg Family Trust, Oracle Partners, L.P., PNC Gift Trust of 2012, Venrock Healthcare Capital Partners, L.P.. Service waived by Concentric Analgesics, Inc. waiver sent on 6/8/2020, answer due 8/7/2020. (Bartlett, Jaime) (Filed on 6/9/2020) |
| Filing 10 WAIVER OF SERVICE Returned Executed filed by VHCP Co-Investment Holdings, LLC, Schuler Concentric Partnership, Oracle Ten Fund, L.P., Cowen Healthcare Investments II LP, Kern Odysseus, LLC, Oracle Institutional Partners, L.P., Chi EF II LP, Feinberg Family Trust, Oracle Partners, L.P., PNC Gift Trust of 2012, Venrock Healthcare Capital Partners, L.P.. Service waived by Frank J Bellizzi, Jr waiver sent on 6/8/2020, answer due 8/7/2020. (Bartlett, Jaime) (Filed on 6/9/2020) |
| Filing 9 Case assigned to Magistrate Judge Jacqueline Scott Corley. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 6/23/2020. (haS, COURT STAFF) (Filed on 6/9/2020) |
| Filing 8 MOTION for leave to appear in Pro Hac Vice Thomas K. Cauley ( Filing fee $ 310, receipt number 0971-14554065.) filed by Chi EF II LP, Cowen Healthcare Investments II LP, Feinberg Family Trust, Kern Odysseus, LLC, Oracle Institutional Partners, L.P., Oracle Partners, L.P., Oracle Ten Fund, L.P., PNC Gift Trust of 2012, Schuler Concentric Partnership, VHCP Co-Investment Holdings, LLC, Venrock Healthcare Capital Partners, L.P.. (Cauley, Thomas) (Filed on 6/8/2020) |
| Filing 7 MOTION for leave to appear in Pro Hac Vice Charles K. Schafer ( Filing fee $ 310, receipt number 0971-14554012.) filed by Chi EF II LP, Cowen Healthcare Investments II LP, Feinberg Family Trust, Kern Odysseus, LLC, Oracle Institutional Partners, L.P., Oracle Partners, L.P., Oracle Ten Fund, L.P., PNC Gift Trust of 2012, Schuler Concentric Partnership, VHCP Co-Investment Holdings, LLC, Venrock Healthcare Capital Partners, L.P.. (Schafer, Charles) (Filed on 6/8/2020) |
| Filing 6 Corporate Disclosure Statement by Chi EF II LP, Cowen Healthcare Investments II LP, Feinberg Family Trust, Kern Odysseus, LLC, Oracle Institutional Partners, L.P., Oracle Partners, L.P., Oracle Ten Fund, L.P., PNC Gift Trust of 2012, Schuler Concentric Partnership, VHCP Co-Investment Holdings, LLC, Venrock Healthcare Capital Partners, L.P. (Bartlett, Jaime) (Filed on 6/8/2020) |
| Filing 5 Proposed Summons. (Bartlett, Jaime) (Filed on 6/8/2020) |
| Filing 4 Proposed Summons. (Bartlett, Jaime) (Filed on 6/8/2020) |
| Filing 3 Proposed Summons. (Bartlett, Jaime) (Filed on 6/8/2020) |
| Filing 2 Administrative Motion to File Under Seal of the Complaint filed by Chi EF II LP, Cowen Healthcare Investments II LP, Feinberg Family Trust, Kern Odysseus, LLC, Oracle Institutional Partners, L.P., Oracle Partners, L.P., Oracle Ten Fund, L.P., PNC Gift Trust of 2012, Schuler Concentric Partnership, VHCP Co-Investment Holdings, LLC, Venrock Healthcare Capital Partners, L.P.. (Attachments: #1 Declaration of Jaime Bartlett, #2 Proposed Order, #3 Complaint (Redacted Version), #4 Complaint (Unredacted Version), #5 Exhibit A (Redacted Version), #6 Exhibit A (Unredacted Version))(Bartlett, Jaime) (Filed on 6/8/2020) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400, receipt number 0971-14553816.). Filed byVHCP Co-Investment Holdings, LLC, Schuler Concentric Partnership, Oracle Ten Fund, L.P., Cowen Healthcare Investments II LP, Kern Odysseus, LLC, Oracle Institutional Partners, L.P., Chi EF II LP, Feinberg Family Trust, Oracle Partners, L.P., PNC Gift Trust of 2012, Venrock Healthcare Capital Partners, L.P.. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(Bartlett, Jaime) (Filed on 6/8/2020) |
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