Roth v. Ra Capital Management, LLC et al
| Andrew E. Roth |
| Blackwell Partners, LLC, Acadia Pharmaceuticals Inc., Ra Capital Healthcare Fund, L.P., Ra Capital Management, LLC and Peter Kolchinsky |
| 1:2015cv04928 |
| June 24, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Westchester |
| William H Pauley |
| Securities/Commodities |
| 15 U.S.C. § 78 |
| Plaintiff |
Docket Report
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Filing 47
MEMORANDUM & ORDER: Accordingly, as reflected in the Order and Final Judgment entered in this case, this Court finds that counsel should be awarded $1,424,901.00 in legal fees, in addition to $5,177.57 in expenses. (As further set forth in this Order) (Signed by Judge William H. Pauley, III on 3/15/2016) (kl)
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Filing 46
ORDER AND FINAL JUDGMENT: NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT: 1. The Court has jurisdiction over the subject matter of this action, over the Plaintiff, over ACADIA and over the Settling Defendants. 2. The terms and conditions of the Stipulation and Settlement are hereby incorporated by reference in this Order and Final Judgment. 3. The Court finds that Plaintiff, through his counsel, has vigorously prosecuted the claims set forth in the Complaint on behalf of ACADIA. 4. The Stipulation of Settlement is hereby approved as fair, reasonable and adequate and in the best interests of ACADIA and its shareholders. The parties are directed to consummate the Stipulation of Settlement in accordance with its terms and provisions. Plaintiff's counsel are hereby awarded an attorney's fee (inclusive of reimbursement of costs and disbursements) in the amount of $1,430,078.57, which amount the Court finds to be fair and reasonable and which shall be paid to Plaintiff's counsel by the Settling Defendants and deducted from the Settlement Payment to ACADIA after this Order has become Final as set forth in paragraphs 3(a) and 7 of the Stipulation of Settlement. 11. Jurisdiction is hereby reserved over all matters relating to the enforcement, administration and performance of the Stipulation of Settlement. 12. The Clerk of the Court is directed to enter and docket this Order and Final Judgment in this Action. (As further set forth in this Order) (Signed by Judge William H. Pauley, III on 3/15/2016) (kl)
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| Filing 45 LETTER addressed to Judge William H. Pauley, III from Paul D. Wexler dated February 16, 2016 re: Order dated 02/04/2016 (ECF Doc. # 42). Document filed by Andrew E. Roth. (Attachments: #1 Declaration of Glenn F. Ostrager, #2 Declaration of Paul D. Wexler)(Gomez, Roberto) |
| Filing 44 DECLARATION of Paul D. Wexler re: #42 Order,, . Document filed by Andrew E. Roth. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Gomez, Roberto) |
| Filing 43 DECLARATION of Glenn F. Ostrager re: #42 Order,, . Document filed by Andrew E. Roth. (Attachments: #1 Exhibit A, #2 Exhibit B)(Gomez, Roberto) |
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Filing 42
ORDER: By letter dated January 20, 2016, Plaintiff's counsel submitted a proposed Stipulation of Settlement and Order and Final Judgment for review and approval by this Court. In order to complete that review, this Court needs basic lodestar information. Accordingly, Plaintiff's counsel is directed to submit a declaration by February 16, 2016, setting forth the hourly rates for each attorney and paraprofessional who worked on this matter, together with a summary of the hours each of them worked. (Signed by Judge William H. Pauley, III on 2/4/2016) (mro)
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| Filing 41 LETTER addressed to Judge William H. Pauley, III from Paul D. Wexler dated January 20, 2016 re: Stipulation of Settlement and Proposed Order and Final Judgment. Document filed by Andrew E. Roth. (Attachments: #1 Exhibit Stipulation of Settlement, #2 Exhibit Proposed Order and Final Judgment)(Gomez, Roberto) |
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Filing 40
MEMO ENDORSEMENT on re: #39 Letter filed by Andrew E. Roth. ENDORSEMENT: The parties shall submit a Stipulation of Settlement and Proposed Order and Final Judgment by 1/20/2016. (Signed by Judge William H. Pauley, III on 1/13/2016) (tn)
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| Filing 39 LETTER addressed to Judge William H. Pauley, III from Glenn F. Ostrager dated January 5, 2016 re: Status of the Case. Document filed by Andrew E. Roth.(Ostrager, Glenn) |
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Filing 38
ORDER granting #37 JOINT LETTER MOTION for Extension of Time of Briefing Schedule for Defendants' anticipate Motion to Dismiss the Complaint on Consent addressed to Judge William H. Pauley, III from Derek Musa dated November 30, 2015. Document filed by Peter Kolchinsky, Ra Capital Healthcare Fund, L.P., Ra Capital Management, LLC. Application granted. The motion to dismiss schedule is suspended. The parties shall file a joint status report by 1/7/2016 if no stipulation of dismissal has been submitted by that date. So ordered. The following deadline(s) was terminated: Motion Deadline, Response Deadline, Reply Deadline, Oral Argument Deadline. (Signed by Judge William H. Pauley, III on 11/30/2015) (rjm).
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| Filing 37 JOINT LETTER MOTION for Extension of Time of Briefing Schedule for Defendants' anticipate Motion to Dismiss the Complaint on Consent addressed to Judge William H. Pauley, III from Derek Musa dated November 30, 2015. Document filed by Peter Kolchinsky, Ra Capital Healthcare Fund, L.P., Ra Capital Management, LLC.(Musa, Derek) |
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Filing 36
ORDER granting #35 Letter Motion for Extension of Time. Application granted. The parties' proposed schedule is hereby adopted. Oral argument is adjourned to 2/5/2016 at 12:00 p.m. Motions due by 12/7/2015. (Signed by Judge William H. Pauley, III on 11/6/2015) (mro) Modified on 11/16/2015 (mro). (Main Document 36 replaced on 11/16/2015) (mro).
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| Set/Reset Deadlines: ( Responses due by 1/8/2016, Replies due by 1/22/2016.), Set/Reset Hearings:( Oral Argument set for 2/21/2016 at 12:00 PM before Judge William H. Pauley III.) (mro) |
| Filing 35 LETTER MOTION for Extension of Time of the Defendants' Motion to Dismiss Briefing Schedule addressed to Judge William H. Pauley, III from Derek Musa dated 11/5/15. Document filed by Peter Kolchinsky, Ra Capital Healthcare Fund, L.P., Ra Capital Management, LLC.(Musa, Derek) |
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Filing 34
ORDER FOR INITIAL PRETRIAL CONFERENCE: Counsel having appeared for a conference on October 16, 2015, the following is established on consent: 1. Defendants' motion to dismiss is due by November 6, 2015; 2. Plaintiff's opposition brief is due by December 2, 2015; 3. Any reply is due by December 16, 2015; 4. Oral argument is scheduled for January 21, 2016 at 12:00 p.m.; and 5. Fact discovery must be completed by February 29, 2016. ( Fact Discovery due by 2/29/2016., Motions due by 11/6/2015., Responses due by 12/2/2015, Replies due by 12/16/2015., Oral Argument set for 1/21/2016 at 12:00 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 10/19/2015) (mro)
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| Filing 33 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Peter Kolchinsky, Ra Capital Healthcare Fund, L.P., Ra Capital Management, LLC.(Musa, Derek) |
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Filing 32
ORDER granting #29 Letter Motion for Conference; granting #30 Letter Motion for Conference; granting #31 Letter Motion for Conference. Application granted. The pre-motion conference will be held in conjunction with the 10/16/15 initial pretrial conference. (Signed by Judge William H. Pauley, III on 10/8/2015) (mro)
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| Filing 31 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Conference re: #30 LETTER MOTION for Conference addressed to Judge William H. Pauley, III from Robert Pees dated September 30, 2015., #29 LETTER MOTION for Conference , Pre-Motion in anticipation of filing a motion to dismiss the complaint addressed to Judge William H. Pauley, III from Derek Musa dated September 30, 2015. addressed to Judge William H. Pauley, III from Glenn F. Ostrager dated 10/07/2015. Document filed by Andrew E. Roth.(Ostrager, Glenn) Modified on 10/13/2015 (db). |
| Filing 30 LETTER MOTION for Conference addressed to Judge William H. Pauley, III from Robert Pees dated September 30, 2015. Document filed by Blackwell Partners, LLC. (Attachments: #1 Exhibit)(Pees, Robert) |
| Filing 29 LETTER MOTION for Conference , Pre-Motion in anticipation of filing a motion to dismiss the complaint addressed to Judge William H. Pauley, III from Derek Musa dated September 30, 2015. Document filed by Peter Kolchinsky, Ra Capital Healthcare Fund, L.P., Ra Capital Management, LLC.(Musa, Derek) |
| Filing 28 NOTICE OF APPEARANCE by Joshua Seth Broitman on behalf of Andrew E. Roth. (Broitman, Joshua) |
| Filing 27 NOTICE OF APPEARANCE by Paul D. Wexler on behalf of Andrew E. Roth. (Wexler, Paul) |
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Filing 26
ORDER granting #25 Letter Motion for Extension of Time to Answer. Application granted. The initial pretrial conference is adjourned to October 16, 2015 at 10:00AM. (Blackwell Partners, LLC answer due 9/30/2015.) (Peter Kolchinsky answer due 9/30/2015.) (Ra Capital Healthcare Fund, L.P. answer due 9/30/2015;.) (Ra Capital Management, LLC answer due 9/30/2015.) (Signed by Judge William H. Pauley, III on 8/17/2015) (spo)
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| Set/Reset Hearings: Initial Conference set for 10/16/2015 at 10:00 AM before Judge William H. Pauley III. (spo) |
| Filing 25 JOINT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge William H. Pauley, III from Derek Musa dated August 17, 2015. Document filed by Peter Kolchinsky, Ra Capital Healthcare Fund, L.P., Ra Capital Management, LLC.(Musa, Derek) |
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Filing 24
ORDER FOR ADMISSION PRO HAC VICE OF PETER M. STONE granting #20 Motion for Peter M. Stone to Appear Pro Hac Vice. (Signed by Judge William H. Pauley, III on 7/27/2015) (mro)
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| Filing 23 NOTICE OF APPEARANCE by James B Worthington on behalf of Acadia Pharmaceuticals Inc.. (Worthington, James) |
| Filing 22 NOTICE OF APPEARANCE by Peter Marshall Stone on behalf of Acadia Pharmaceuticals Inc.. (Stone, Peter) |
| Filing 21 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Acadia Pharmaceuticals Inc..(Worthington, James) |
| Filing 20 MOTION for Peter M. Stone to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11194817. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Acadia Pharmaceuticals Inc.. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order)(Stone, Peter) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #20 MOTION for Peter M. Stone to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11194817. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 19 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Ra Capital Healthcare Fund, L.P..(Musa, Derek) |
| Filing 18 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Ra Capital Management, LLC.(Musa, Derek) |
| Filing 17 WAIVER OF SERVICE RETURNED EXECUTED. Blackwell Partners, LLC waiver sent on 7/1/2015, answer due 8/31/2015. Document filed by Andrew E. Roth. (Gomez, Roberto) |
| Filing 16 NOTICE OF APPEARANCE by Robert Hardy Pees on behalf of Blackwell Partners, LLC. (Pees, Robert) |
| Filing 15 NOTICE OF APPEARANCE by Shenghao Stan Chiueh on behalf of Blackwell Partners, LLC. (Chiueh, Shenghao) |
| Filing 14 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Blackwell Partners, LLC.(Chiueh, Shenghao) |
| Filing 13 WAIVER OF SERVICE RETURNED EXECUTED. Peter Kolchinsky waiver sent on 7/1/2015, answer due 8/31/2015. Document filed by Andrew E. Roth. (Gomez, Roberto) |
| Filing 12 WAIVER OF SERVICE RETURNED EXECUTED. Ra Capital Healthcare Fund, L.P. waiver sent on 7/1/2015, answer due 8/31/2015. Document filed by Andrew E. Roth. (Gomez, Roberto) |
| Filing 11 WAIVER OF SERVICE RETURNED EXECUTED. Ra Capital Management, LLC waiver sent on 7/1/2015, answer due 8/31/2015. Document filed by Andrew E. Roth. (Gomez, Roberto) |
| Filing 10 NOTICE OF APPEARANCE by Derek Dalton Musa on behalf of Peter Kolchinsky, Ra Capital Healthcare Fund, L.P., Ra Capital Management, LLC. (Musa, Derek) |
| Filing 9 NOTICE OF APPEARANCE by Dennis H. Tracey, III on behalf of Peter Kolchinsky, Ra Capital Healthcare Fund, L.P., Ra Capital Management, LLC. (Tracey, Dennis) |
| Filing 7 WAIVER OF SERVICE RETURNED EXECUTED. Acadia Pharmaceuticals Inc. waiver sent on 6/29/2015, answer due 8/28/2015. Document filed by Andrew E. Roth. (Gomez, Roberto) |
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Filing 8
ORDER FOR INITIAL PRETRIAL CONFERENCE: Initial Conference set for 9/11/2015 at 10:00 AM in Courtroom 20B at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 10007 before Judge William H. Pauley III. (As further set forth in this Order.) (Signed by Judge William H. Pauley, III on 7/6/2015) (mro)
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| Filing 6 LETTER addressed to Judge William H. Pauley, III from Roberto L. Gomez dated June 25, 2015 re: Courtesy Copy of Complaint. Document filed by Andrew E. Roth. (Attachments: #1 Exhibit Courtesy Copy of Complaint)(Gomez, Roberto) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Acadia Pharmaceuticals Inc., Blackwell Partners, LLC, Peter Kolchinsky, Ra Capital Healthcare Fund, L.P., Ra Capital Management, LLC. (rch) |
| Filing 4 NOTICE OF APPEARANCE by Roberto Legaspi Gomez on behalf of Andrew E. Roth. (Gomez, Roberto) |
| ***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Glenn F. Ostrager. The following case opening statistical information was erroneously selected/entered: Dollar Demand 6000000000; County code New York. The following correction(s) have been made to your case entry the Dollar Demand has been modified to 6000000; the County code has been modified to Westchester. (rch) |
| Case Designated ECF. (rch) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge William H. Pauley, III. 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. (rch) |
| Magistrate Judge Andrew J. Peck is so designated. (rch) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to RA Capital Management, LLC, RA Capital Healthcare Fund, L.P., Blackwell Partners, LLC, Peter Kolchinsky and Acadia Pharmaceuticals Inc., re: #1 Complaint,. Document filed by Andrew E. Roth. (Ostrager, Glenn) |
| Filing 2 CIVIL COVER SHEET filed. (Ostrager, Glenn) |
| Filing 1 COMPLAINT against Acadia Pharmaceuticals Inc., Blackwell Partners, LLC, Peter Kolchinsky, Ra Capital Healthcare Fund, L.P., Ra Capital Management, LLC. (Filing Fee $ 400.00, Receipt Number 0208-11074538)Document filed by Andrew E. Roth.(Ostrager, Glenn) |
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