Fir Tree Value Master Fund v. Akorn, Inc. et al
| Fir Tree Value Master Fund and Fir Tree Value Master Fund, L.P. |
| Rajat Rai, Alan Weinstein, Akorn, Inc., Ronald M. Johnson, Brian Tambi and Duane A. Portwood |
| 1:2019cv07418 |
| November 8, 2019 |
| US District Court for the Northern District of Illinois |
| Virginia M Kendall |
| Matthew F Kennelly |
| Securities/Commodities |
| Plaintiff |
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Filing 48
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. (ecw, )
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| Filing 47 AGREED CONFIDENTIALITY ORDER signed by the Honorable Matthew F. Kennelly on 3/13/2020. (mk) |
| Filing 46 MINUTE entry before the Honorable Matthew F. Kennelly: Joint motion for entry of agreed confidentiality order #44 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 45 NOTICE of Motion by Andrew Dylan Campbell for presentment of motion for order #44 before Honorable Matthew F. Kennelly on 3/12/2020 at 09:30 AM. (Campbell, Andrew) |
| Filing 44 MOTION by Plaintiff Fir Tree Value Master Fund, L.P. for order (Attachments: #1 Exhibit A, #2 Exhibit B)(Campbell, Andrew) |
| Filing 43 ATTORNEY Appearance for Defendants Duane A. Portwood, Alan Weinstein by Levi John Giovanetto (Giovanetto, Levi) |
| Filing 42 ATTORNEY Appearance for Defendants Duane A. Portwood, Alan Weinstein by Daniel John Collins (Collins, Daniel) |
| Filing 41 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 40 MINUTE entry before the Honorable Matthew F. Kennelly: Motions by Robert Baron and Justin Clarke to appear pro hac vice are granted. (mk) |
| Filing 39 MINUTE entry before the Honorable Matthew F. Kennelly: Motion of Dan Collins and Levi Giovanetto for leave to appear #37 is granted. (mk) |
| Filing 38 NOTICE of Motion by Levi John Giovanetto for presentment of motion for leave to appear #37 before Honorable Matthew F. Kennelly on 3/10/2020 at 09:30 AM. (Giovanetto, Levi) |
| Filing 37 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 36 STATUS Report by Fir Tree Value Master Fund, L.P. (Campbell, Andrew) |
| Filing 35 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 34 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 33 REPLY by Duane A. Portwood to response in opposition to motion, #30 ("Defendant Duane A. Portwood's Reply in Further Support of his Supplemental Motion to Dismiss in Part the Fir Tree Value Master Fund Complaint for Lack of Scienter Pursuant to Fed. R. Civ. P. 12(b)(6) and 15 U.S.C. 78u-4") (Attachments: #1 Exhibit A)(Baron, Robert) |
| Filing 32 REPLY by Akorn, Inc., Ronald M. Johnson, Duane A. Portwood, Rajat Rai, Brian Tambi, Alan Weinstein to response in opposition to motion, #31 ("Defendants' Reply in Further Support of Their Motion to Dismiss the Fir Tree Value Master Fund Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) & 9(b) and U.S.C. 78u-4") (Attachments: #1 Exhibit A)(Baron, Robert) |
| Filing 31 RESPONSE by Fir Tree Value Master Fund, L.P.in Opposition to MOTION by Defendants Akorn, Inc., Ronald M. Johnson, Duane A. Portwood, Rajat Rai, Brian Tambi, Alan Weinstein to dismiss ("Defendants' Motion to Dismiss the Fir Tree Value Master Fund Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) & 9(b) #28 (Attachments: #1 Exhibit A)(Campbell, Andrew) |
| Filing 30 RESPONSE by Fir Tree Value Master Fund, L.P.in Opposition to MOTION by Defendant Duane A. Portwood to dismiss ("Defendant Duane A. Portwood's Supplemental Motion to Dismiss in Part the Fir Tree Value Master Fund Complaint for Lack of Scienter Pursuant to Fed. R. Civ. P. 12(b)(6) and 15 U.S.C. #29 (Attachments: #1 Exhibit A)(Campbell, Andrew) |
| Filing 29 MOTION by Defendant Duane A. Portwood to dismiss ("Defendant Duane A. Portwood's Supplemental Motion to Dismiss in Part the Fir Tree Value Master Fund Complaint for Lack of Scienter Pursuant to Fed. R. Civ. P. 12(b)(6) and 15 U.S.C. 78u-4") (Attachments: #1 Exhibit A, #2 Exhibit B)(Baron, Robert) |
| Filing 28 MOTION by Defendants Akorn, Inc., Ronald M. Johnson, Duane A. Portwood, Rajat Rai, Brian Tambi, Alan Weinstein to dismiss ("Defendants' Motion to Dismiss the Fir Tree Value Master Fund Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) & 9(b) and U.S.C. 78u-4") (Attachments: #1 Exhibit A, #2 Exhibit B)(Baron, Robert) |
| Filing 27 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16603601. (Clarke, Justin) |
| Filing 26 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 25 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16601467. (Baron, Robert) |
| Filing 24 MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion to adjourn the January 2, 2020 status hearing to January 10, 2020 #22 is granted. The status hearing set for 1/2/2020 is vacated and reset to 1/10/2020 at 8:45 a.m. The motion hearing set for 1/7/2020 is vacated. Mailed notice. (mma, ) |
| Filing 23 NOTICE of Motion by John B Haarlow, Jr for presentment of motion for miscellaneous relief #22 before Honorable Matthew F. Kennelly on 1/7/2020 at 09:30 AM. (Haarlow, John) |
| Filing 22 MOTION by Plaintiff Fir Tree Value Master Fund, L.P. to Adjourn the January 2, 2020 Status Hearing to January 10, 2020 (UNOPPOSED) (Haarlow, John) |
| Filing 21 MINUTE entry before the Honorable Matthew F. Kennelly: The motion of Sheila Sadhigi to appear pro hac vice #18 is granted. Based on the reassignment of the case, the Court vacates the status hearing before Judge Kendall and sets the case for a telephone status hearing on 1/2/2020 at 9:00 AM. Counsel are to jointly call chambers or are to set up a call-in number and advise chambers by 12/30/2019. (mk) |
| Filing 20 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Matthew F. Kennelly for all further proceedings pursuant to Local Rule 40.4 of this Court. Honorable Virginia M. Kendall no longer assigned to the case. Signed by Executive Committee on 12/17/19. (nsf, ) |
| Filing 19 ATTORNEY Appearance for Plaintiff Fir Tree Value Master Fund, L.P. by John B Haarlow, Jr (Haarlow, John) |
| Filing 18 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16501312. (Sadighi, Sheila) |
| Filing 17 MINUTE entry before the Honorable Virginia M. Kendall. Initial status hearing set for 1/29/2020 at 9:00 a.m. Joint Status Report due by 1/24/2020. The parties are directed to Judge Kendall's web page found at www.ilnd.uscourts.gov for information about the Initial Status Report and for information regarding all standing orders for cases on Judge Kendall's docket. The parties shall follow all of the standing orders for Judge Kendall and all Local Rules which can be found at the same web page. For the Initial Status Report, the parties are to report on the following: (1) Possibility of settlement in the case; (2) if no possibility of settlement exists, the nature and length of discovery necessary (with specific dates) to get the case ready for trial; 3) whether the parties jointly consent to proceed before the Magistrate Judge. At the Initial Status Hearing, the Parties shall be prepared to inform the Court about the extent of monetary damages in order for the Court to address the proportionality of discovery as required by Fed. R. Civ. P. 26. Lead counsel is directed to appear at this status hearing.Mailed notice (lk, ) |
| Filing 16 WAIVER OF SERVICE returned executed by Fir Tree Value Master Fund, L.P.. Alan Weinstein waiver sent on 11/15/2019, answer due 1/14/2020. (Campbell, Andrew) |
| Filing 15 WAIVER OF SERVICE returned executed by Fir Tree Value Master Fund, L.P.. Brian Tambi waiver sent on 11/15/2019, answer due 1/14/2020. (Campbell, Andrew) |
| Filing 14 WAIVER OF SERVICE returned executed by Fir Tree Value Master Fund, L.P.. Rajat Rai waiver sent on 11/15/2019, answer due 1/14/2020. (Campbell, Andrew) |
| Filing 13 WAIVER OF SERVICE returned executed by Fir Tree Value Master Fund, L.P.. Duane A. Portwood waiver sent on 11/15/2019, answer due 1/14/2020. (Campbell, Andrew) |
| Filing 12 WAIVER OF SERVICE returned executed by Fir Tree Value Master Fund, L.P.. Ronald M. Johnson waiver sent on 11/15/2019, answer due 1/14/2020. (Campbell, Andrew) |
| Filing 11 WAIVER OF SERVICE returned executed by Fir Tree Value Master Fund, L.P.. Akorn, Inc. waiver sent on 11/15/2019, answer due 1/14/2020. (Campbell, Andrew) |
| Filing 10 MINUTE entry before the Honorable Virginia M. Kendall. Attorneys Lawrence Rolnick, Michael Hampson, Richard Bodnar and Jennifer Randolph's Motions to appear pro hac vice #6 , #7 , #8 and #9 granted. Mailed notice (lk, ) |
| Filing 9 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16440269. (Randolph, Jennifer) |
| Filing 8 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16440237. (Bodnar, Richard) |
| Filing 7 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16440204. (Hampson, Michael) |
| Filing 6 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16440155. (Rolnick, Lawrence) |
| Filing 5 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. (kp, ) |
| Filing 4 ATTORNEY Appearance for Plaintiff Fir Tree Value Master Fund by Andrew Dylan Campbell (Campbell, Andrew) |
| Filing 3 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Fir Tree Value Master Fund re complaint #1 (Campbell, Andrew) |
| Filing 2 CIVIL Cover Sheet (Campbell, Andrew) |
| Filing 1 COMPLAINT filed by Fir Tree Value Master Fund; Jury Demand. Filing fee $ 400, receipt number 0752-16424314. (Attachments: #1 Exhibit A)(Campbell, Andrew) |
| CASE ASSIGNED to the Honorable Virginia M. Kendall. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (ec, ) |
| SUMMONS Issued as to Defendants Akorn, Inc., Ronald M. Johnson, Duane A. Portwood, Rajat Rai, Brian Tambi, Alan Weinstein (jn, ) |
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