Manikay Master Fund, LP et al v. Akorn, Inc. et al
| Manikay Master Fund, LP and Manikay Merger Fund, LP |
| Alan Weinstein, Akorn, Inc., Ronald M. Johnson, Rajat Rai, Brian Tambi and Duane A. Portwood |
| 1:2019cv04651 |
| July 10, 2019 |
| US District Court for the Northern District of Illinois |
| Matthew F Kennelly |
| John Z Lee |
| Securities/Commodities |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 18, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 60 MINUTE entry before the Honorable Matthew F. Kennelly: The parties in these four related cases (Case Nos. 19 C 3648, 19 C 4651, 19 C 8418, and 20 C 434, Case No. 19 C 7418 having been dismissed)) previously proposed to file a status report on 4/17/2020, and the Court adopted their proposal. They did not file one, presumably in reliance on Second Amended General Order 20-0012. The Court directs the parties to file a joint status report by no later than 4/24/2020 and states that this deadline is not subject to Second Amended General Order 20-0012 or any other similar general order entered hereafter. All four cases are set for a joint telephone status hearing on 5/27/2020 at 8:45 AM. (mk) |
Filing 59
ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice. (docket4, )
|
|
Filing 58
ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (td, )
|
| Filing 57 AGREED CONFIDENTIALITY ORDER signed by the Honorable Matthew F. Kennelly on 3/13/2020. (mk) |
| Filing 56 MINUTE entry before the Honorable Matthew F. Kennelly:Joint motion for entry of agreed confidentiality order #54 is granted. Counsel are directed to send a Word version of the proposed order to Judge Kennelly's proposed order e-mail address for signature, following the instructions on Judge Kennelly's web page. In addition, counsel are directed to advise their docketing service (docketbird.com) to stop sending PDFs to the proposed order e-mail address. That address is to be used only by attorneys in the case and only to send Word versions of proposed orders for signature. (mk) |
| Filing 55 NOTICE of Motion by Andrew Dylan Campbell for presentment of motion for order #54 before Honorable Matthew F. Kennelly on 3/12/2020 at 09:30 AM. (Campbell, Andrew) |
| Filing 54 MOTION by Plaintiffs Manikay Master Fund, LP, Manikay Merger Fund, LP for order (Attachments: #1 Exhibit A, #2 Exhibit B)(Campbell, Andrew) |
| Filing 53 ATTORNEY Appearance for Defendants Duane A. Portwood, Alan Weinstein by Levi John Giovanetto (Giovanetto, Levi) |
| Filing 52 ATTORNEY Appearance for Defendants Duane A. Portwood, Alan Weinstein by Daniel John Collins (Collins, Daniel) |
| Filing 51 MINUTE entry before the Honorable Matthew F. Kennelly: Telephone status hearing held on 3/5/2020 with attorneys for all parties. The Court approves the scheduling proposal set out in the status report filed under 19 C 3648. Telephone status hearing, to be initiated by the parties, is set for 4/21/2020 at 8:45 a.m. Joint status report covering all 4 related cases (19 C 3648, 19 C 4651, 19 C 7418, and 19 C 8418) is to be filed by 4/17/2020. Mailed notice. (mma, ) |
| Filing 50 MINUTE entry before the Honorable Matthew F. Kennelly: Motion of Dan Collins and Levi Giovanetto for leave to appear #48 is granted. (mk) |
| Filing 49 NOTICE of Motion by Levi John Giovanetto for presentment of motion for leave to appear #48 before Honorable Matthew F. Kennelly on 3/10/2020 at 09:30 AM. (Giovanetto, Levi) |
| Filing 48 MOTION by Defendants Duane A. Portwood, Alan Weinstein for leave to appear as Counsel (Attachments: #1 Exhibit Appearance of Dan Collins, #2 Exhibit Appearance of Levi Giovanetto)(Giovanetto, Levi) |
| Filing 47 STATUS Report by Manikay Master Fund, LP, Manikay Merger Fund, LP (Campbell, Andrew) |
| Filing 46 ANSWER to Complaint ("Defendants' Answer and Defenses") by Akorn, Inc., Ronald M. Johnson, Duane A. Portwood, Rajat Rai, Brian Tambi, Alan Weinstein(Baron, Robert) |
| Filing 45 MINUTE entry before the Honorable Matthew F. Kennelly: Rule 16(b) status hearing held on 2/13/2020 with attorneys for all parties. By agreement of all counsel, the Court finds that its decision on the motions to dismiss in Case Nos. 19 C 3648 and 19 C 4651 applies equally to the complaints in Case Nos. 19 C 7418 and 19 C 8418 and therefore denies the motion to dismiss in Case No. 19 C 7418 (28 and 29) and finds the complaint in 19 C 8418 states a claim, thereby relieving defendants of the need to file a motion to dismiss in that case. The Court finds, with agreement of all counsel, that Case No. 20 C 434 (Judge Seeger) is related to the present cases and will ask the Executive Committee to reassign the case to this Court. The parties are directed to confer and attempt to agree upon a discovery and pretrial schedule. A joint status report is to be filed by 3/3/2020. A telephone status hearing, to be set up by counsel, is set for 3/5/2020 at 8:45 a.m. Mailed notice. (mma, ) |
| Filing 44 MINUTE entry before the Honorable Matthew F. Kennelly: Motions of Jennifer Randolph and Justin Clarke to appear pro hac vice are both granted. (mk) |
| Filing 43 MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 2/5/2020: For the reasons described in the accompanying Memorandum Opinion and Order, the Court denies the defendants' motions to dismiss Twin's complaint [No. 19-cv-3648, dkt. nos. 27, 29] and Manikay's complaint [No. 19-cv-4651, dkt. nos. 29, 31]. Defendants are directed to answer both complaints within 21 days of this order. (mk) |
| Filing 42 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16603706. (Clarke, Justin) |
| Filing 41 MINUTE entry before the Honorable Matthew F. Kennelly: Rule 16(b) status hearing held on 1/10/2020 with attorneys for all parties. Telephone status hearing, to be initiated by the parties, is set for 2/13/2020 at 8:30 a.m. Motion for finding of relatedness #41 is granted. The Court finds Case No. 19 C 8418 related to the present cases and asks the Executive Committee to reassign it to the Undersigned Judge. Mailed notice. (mma, ) |
| Filing 40 ("Notice of Presentment of Defendants' Unopposed Motion for a Finding of Relatedness and Reassignment Pursuant to Local Rule 40.4") NOTICE of Motion by Robert H. Baron for presentment of motion to reassign case, #39 before Honorable Matthew F. Kennelly on 1/10/2020 at 08:45 AM. (Baron, Robert) |
| Filing 39 MOTION by Defendants Akorn, Inc., Ronald M. Johnson, Duane A. Portwood, Rajat Rai, Brian Tambi, Alan Weinstein to reassign case ("Defendants' Unopposed Motion for a Finding of Relatedness and Reassignment Pursuant to Local Rule 40.4") (Baron, Robert) |
| Filing 38 ATTORNEY Appearance for Plaintiffs Manikay Master Fund, LP, Manikay Merger Fund, LP by John B Haarlow, Jr (Haarlow, John) |
| Filing 37 REPLY by Duane A. Portwood to response in opposition to motion, #34 ("Defendant Duane A. Portwood's Reply Memorandum Of Law In Further Support Of His Supplemental Motions To Dismiss In Part The Twin Master Fund and Manikay Master Fund Complaints For Lack Of Scienter Pursuant To Fed. R. Civ. P. 12(b)(6) and 15 USC 78u-4") (Baron, Robert) |
| Filing 36 REPLY by Akorn, Inc., Ronald M. Johnson, Duane A. Portwood, Rajat Rai, Brian Tambi, Alan Weinstein to response in opposition to motion, #33 ("Defendants' Reply Memorandum Of Law In Further Support Of Their Joint Motions To Dismiss The Twin Master Fund and Manikay Master Fund Complaints Pursuant To Fed. R. Civ. P. 12(b)(6) & 9(b) and 15 USC 78u-4") (Baron, Robert) |
| Filing 35 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16365736. (Randolph, Jennifer) |
| Filing 34 RESPONSE by Manikay Master Fund, LP, Manikay Merger Fund, LPin Opposition to MOTION by Defendant Duane A. Portwood to dismiss ("Defendant Duane A. Portwood's Supplemental Motion to Dismiss In Part the Twin Master Fund and Manikay Master Fund Complaints for Lack of Scienter Pursuant to Fed. R. Civ. P. 12(b)(6) and 1 #31 (Campbell, Andrew) |
| Filing 33 RESPONSE by Manikay Master Fund, LP, Manikay Merger Fund, LPin Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Akorn, Inc., Ronald M. Johnson, Duane A. Portwood, Rajat Rai, Brian Tambi, Alan Weinstein ("Defendants' Joint Motions to Dismiss the Twin Master Fund and Manikay Master Fund Co #29 (Attachments: #1 Exhibit A-D)(Campbell, Andrew) |
| Filing 32 NOTICE by Duane A. Portwood re MOTION by Defendant Duane A. Portwood to dismiss ("Defendant Duane A. Portwood's Supplemental Motion to Dismiss In Part the Twin Master Fund and Manikay Master Fund Complaints for Lack of Scienter Pursuant to Fed. R. Civ. P. 12(b)(6) and 1 #31 ") (Baron, Robert) |
| Filing 31 MOTION by Defendant Duane A. Portwood to dismiss ("Defendant Duane A. Portwood's Supplemental Motion to Dismiss In Part the Twin Master Fund and Manikay Master Fund Complaints for Lack of Scienter Pursuant to Fed. R. Civ. P. 12(b)(6) and 15 U.S.C. 78u-4") (Attachments: #1 Defendant Duane A. Portwood's Memorandum of Law in Support of his Supplemental Motions to Dismiss In Part the Twin Master Fund and Manikay Master Fund Complaints, #2 Exhibits Index, #3 Exhibit 1, #4 Exhibit 2A, #5 Exhibit 2B, #6 Exhibit 2C)(Baron, Robert) |
| Filing 30 NOTICE by Akorn, Inc., Ronald M. Johnson, Duane A. Portwood, Rajat Rai, Brian Tambi, Alan Weinstein re MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Akorn, Inc., Ronald M. Johnson, Duane A. Portwood, Rajat Rai, Brian Tambi, Alan Weinstein ("Defendants' Joint Motions to Dismiss the Twin Master Fund and Manikay Master Fund Co #29 ") (Baron, Robert) |
| Filing 29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Akorn, Inc., Ronald M. Johnson, Duane A. Portwood, Rajat Rai, Brian Tambi, Alan Weinstein ("Defendants' Joint Motions to Dismiss the Twin Master Fund and Manikay Master Fund Complaints Pursuant to Fed. R. Civ. P. 12(b)(6) & 9(b) and 15 U.S.C. 78u-4") (Attachments: #1 Defendants' Memorandum of Law in Support of Their Joint Motions to Dismiss the Twin Master Fund and Manikay Master Fund Complaints, #2 Exhibits Index, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14)(Baron, Robert) |
| Filing 28 MINUTE entry before the Honorable John Z. Lee:This case has been reassigned, the status hearing previously set for 9/17/19 is stricken.Mailed notice (ca, ) |
| Filing 27 MINUTE entry before the Honorable Matthew F. Kennelly: Due to the preliminarily approved settlement in 18 C 1713, thus meaning that further significant litigation in that matter is unlikely, as well as the likelihood of further significant litigation in the present case, the Clerk is directed to disassociate this case from 18 C 1713. Case association terminated. Mailed notice. (pjg, ) |
| Filing 26 MINUTE entry before the Honorable Matthew F. Kennelly: This order is being entered in this case and in Case No. 1:19-cv-3648. The joint motion for leave to file oversized briefs #25 is granted. Defendants have leave to file a single consolidated memorandum of up to 35 pages in support of their motions to dismiss this case and Case No. 1:19-cv-3648, and plaintiffs have leave to file a single consolidated memorandum of up to 35 pages in response to defendants' motion. In addition, the motion of Robert Baron #24 for leave to appear pro hac vice is granted. (mk) |
| Filing 25 MOTION by Defendants Akorn, Inc., Ronald M. Johnson, Duane A. Portwood, Rajat Rai, Brian Tambi, Alan Weinstein for leave to file excess pages ("Joint Motion on Behalf of Plaintiffs and Defendants for Leave to File Oversized Briefs") (Baron, Robert) |
| Filing 24 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16208367. (Baron, Robert) |
| Filing 23 MINUTE entry before the Honorable Matthew F. Kennelly: Rule 16(b) status hearing held on 8/26/2019 with attorneys for both sides. Motion to dismiss is to be filed by 9/13/2019; response is due by 10/15/2019; reply is due by 11/5/2019. Mailed notice. (pjg, ) |
| Filing 22 MINUTE entry before the Honorable Matthew F. Kennelly: The Court has, by separate order, granted the motion for preliminary approval of settlement filed in Case No. 18-cv-1713, In re Akorn Data Integrity Securities Litigation. The status hearings set for 9:30 AM on 8/26/2019 in this case and related cases 18-cv-1713 and 19-cv-3648 are reset to 9:15 AM and will be held in chambers (Room 2188). (mk) |
| Filing 21 MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing set for 8/26/2019 at 9:30 AM. (mk) |
| Filing 20 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Matthew F. Kennelly for all further proceedings pursuant to Local Rule 40.4. Related Case No. 18cv1713. Honorable John Z. Lee no longer assigned to the case. Signed by Executive Committee on 8/1/19. (gcy, ) Text Modified on 8/2/2019 (gcy, ). |
| Filing 19 MINUTE entry before the Honorable John Z. Lee:Motion for leave to appear pro hac vice by Lawrence Rolnick #18 is granted. Mailed notice (ca, ) |
| Filing 18 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16082835. (Rolnick, Lawrence) |
| Filing 17 MINUTE entry before the Honorable John Z. Lee:The initial status hearing set for 9/5/19 is reset to 9/17/19 at 9:00 a.m.The parties are directed to file a joint initial status report four business days prior to the initial status hearing. Mailed notice (ca, ) |
| Filing 16 MINUTE entry before the Honorable John Z. Lee:Motions for leave to appear pro hac vice by Richard Bodnar #8 and Michael Hampson are granted.Mailed notice (ca, ) |
| Filing 15 WAIVER OF SERVICE returned executed by Manikay Master Fund, LP, Manikay Merger Fund, LP. Brian Tambi waiver sent on 7/12/2019, answer due 9/10/2019. (Campbell, Andrew) |
| Filing 14 WAIVER OF SERVICE returned executed by Manikay Master Fund, LP, Manikay Merger Fund, LP. Rajat Rai waiver sent on 7/12/2019, answer due 9/10/2019. (Campbell, Andrew) |
| Filing 13 WAIVER OF SERVICE returned executed by Manikay Master Fund, LP, Manikay Merger Fund, LP. Duane A. Portwood waiver sent on 7/12/2019, answer due 9/10/2019. (Campbell, Andrew) |
| Filing 12 WAIVER OF SERVICE returned executed by Manikay Master Fund, LP, Manikay Merger Fund, LP. Ronald M. Johnson waiver sent on 7/12/2019, answer due 9/10/2019. (Campbell, Andrew) |
| Filing 11 WAIVER OF SERVICE returned executed by Manikay Master Fund, LP, Manikay Merger Fund, LP. Alan Weinstein waiver sent on 7/12/2019, answer due 9/10/2019. (Campbell, Andrew) |
| Filing 10 WAIVER OF SERVICE returned executed by Manikay Master Fund, LP, Manikay Merger Fund, LP. Akorn, Inc. waiver sent on 7/12/2019, answer due 9/10/2019. (Campbell, Andrew) |
| Filing 9 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16039623. (Hampson, Michael) |
| Filing 8 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16039196. (Bodnar, Richard) |
| Filing 7 MINUTE entry before the Honorable John Z. Lee: Initial status hearing set for 9/5/19 at 9:00 a.m. Judge Lee participates in the Mandatory Initial Discovery Pilot Project ("Project"). The Project applies to all cases filed on or after June 1, 2017, excluding the following: (1) cases exempted by Rule 26(a)(1)(B), (2) actions brought by a person in the custody of the United States, a state, or a state subdivision, regardless of whether an attorney is recruited, (3) actions under the Private Securities Litigation Reform Act, (4) patent cases governed by the Local Patent Rules, and (5) cases transferred for consolidated administration in the District by the Judicial Panel on Multidistrict Litigation ("Exempt Cases").For all cases to which the Project applies, Judge Lee requires (1) each attorney appearing on behalf of Plaintiff(s) to file a "Certification by Attorney Regarding Discovery Obligations Under Mandatory Initial Discovery Pilot Project" form within 28 days after the filing of the Complaint and (2) each attorney appearing on behalf of Defendant(s) to file the certification form with the Answer. The parties are directed to file a joint initial status report four business days prior to the initial status hearing. The certification form and initial status report requirements are set forth in Judge Lee's standing order regarding the "Mandatory Initial Discovery Pilot Project" available on the Courts website. For all Exempt Cases, the parties are directed to file a joint initial status report four business days prior to the initial status hearing in accordance with the standing order governing "Initial Status Report in Cases Exempt from the Mandatory Initial Discovery Pilot Project" also available on the Court's website. Mailed notice (ca, ) |
| Filing 6 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (gcy, ) |
| Filing 5 COMPLAINT (CORRECTED) filed by Manikay Master Fund, LP, Manikay Merger Fund, LP; Jury Demand. (Attachments: #1 Exhibit A and B)(Campbell, Andrew) |
| SUMMONS Issued as to Defendants Akorn, Inc., Ronald M. Johnson, Duane A. Portwood, Rajat Rai, Brian Tambi, Alan Weinstein (pj, ) |
| Filing 4 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Manikay Master Fund, LP, Manikay Merger Fund, LP (Campbell, Andrew) |
| Filing 3 ATTORNEY Appearance for Plaintiffs Manikay Master Fund, LP, Manikay Merger Fund, LP by Andrew Dylan Campbell (Campbell, Andrew) |
| Filing 2 CIVIL Cover Sheet (Campbell, Andrew) |
| Filing 1 COMPLAINT filed by Manikay Master Fund, LP, Manikay Merger Fund, LP; Jury Demand. Filing fee $ 400, receipt number 0752-16016440. (Attachments: #1 Exhibit A and B)(Campbell, Andrew) |
| CASE ASSIGNED to the Honorable John Z. Lee. Designated as Magistrate Judge the Honorable Jeffrey Cummings. Case assignment: Random assignment. (acm, ) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
