UMB Bank, N.A. v. Sanofi
Plaintiff: American Stock Transfer & Trust Company LLC and UMB Bank, N.A., as Trustee
Defendant: Sanofi
Interested Party: Elliott International, LP, Rangeley Capital Partners, LP, CSS, LLC, Elliott Management Corporation, ELS Advisory Corporation, Whitebox Advisors LLC, PBB Investments I, LLC, Mason Capital Management LLC, Whitebox GT Fund, LP, Lorin Capital Master Fund, LP, Stonehill Institutional Partners, LP, Tortus Capital Management, LLC, The Liverpool Limited Partnership, Pandora Select Partners, LP, Foxhill Opportunity Fund, LP, Halis Family Foundation, Chimney Rock Investments, LLC, Stonehill Master Fund Limited, Whitebox Multi-Strategy Partners, LP, Tyndall Partners, LP, Tyndall Management, LLC, Whitebox Institutional Partners, LP, Whitebox Asymmetric Partners, LP and Stonehill Institutional Partners, L.P.
Case Number: 1:2015cv08725
Filed: November 5, 2015
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: Kings
Presiding Judge: George B Daniels
Referring Judge: Robert W Lehrburger
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 bc
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on September 14, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 14, 2019 Filing 257 LETTER addressed to Judge George B. Daniels from Charles A. Gilman dated September 13, 2019 re: Oral Argument Request. Document filed by UMB Bank, N.A., as Trustee.(Mintz, Adam)
September 13, 2019 Filing 256 DECLARATION of Adam S. Mintz in Support re: #245 MOTION for Summary Judgment as to Counts I, II and VII of the Second Amended Complaint.. Document filed by UMB Bank, N.A., as Trustee. (Attachments: #1 Exhibit 1 - Contingent Value Rights Agreement, #2 Exhibit 2 - UMB Financial Corporation Website, #3 Exhibit 3 - About Us, Sanofi Website, #4 Exhibit 4 - Investors Contacts, Sanofi Website, #5 Exhibit 5 - About Us, Sanofi Genzyme Website, #6 Exhibit 6 - Genzyme Confirms Receipt of Unsolicited Proposal, Sanofi Genzyme Website, #7 Exhibit 7 - Filed Under Seal, #8 Exhibit 8 - Genzyme Corporation, Solicitation Recommendation Statement, #9 Exhibit 9 - Filed Under Seal, #10 Exhibit 10 - Agreement and Plan of Merger, #11 Exhibit 11 - Sanofi-Aventis Successfully Completes Exchange Offer for Genzyme Corporation, #12 Exhibit 12 - Sanofi to Buy Genzyme for more than $20 Billion, #13 Exhibit 13 - Filed Under Seal, #14 Exhibit 14 - Sanofis Prospectus Filed Pursuant to Rule 424(b)(3), #15 Exhibit 15 - Filed Under Seal, #16 Exhibit 16 - Filed Under Seal, #17 Exhibit 17 - Filed Under Seal, #18 Exhibit 18 - Sanofi Form 20-F 2012, #19 Exhibit 19 - Questions and Answers Regarding the CVR, #20 Exhibit 20 - Sanofi Form 20-F 2018, #21 Exhibit 21 - Sanofi Form 20-F 2016, #22 Exhibit 22 - Sanofi Form 20-F 2013, #23 Exhibit 23 - Filed Under Seal, #24 Exhibit 24 - Lemtrada Full Prescribing Information, #25 Exhibit 25 - October 18, 2018 Videotaped Deposition of Olivier Brandicourt, #26 Exhibit 26 - August 29, 2018 Videotaped Deposition of Christopher Viehbacher, #27 Exhibit 27 - Filed Under Seal, #28 Exhibit 28 - Filed Under Seal, #29 Exhibit 29 - Filed Under Seal, #30 Exhibit 30 - Filed Under Seal, #31 Exhibit 31 - Filed Under Seal, #32 Exhibit 32 - Filed Under Seal, #33 Exhibit 33 - Filed Under Seal, #34 Exhibit 34 - Aubagio Full Prescribing Information, #35 Exhibit 35 - Article re Teriflunomide, #36 Exhibit 36 - FORBES Article, #37 Exhibit 37 - October 18, 2018 Videotaped Deposition of Serge Weinberg, #38 Exhibit 38 - REUTERS article, #39 Exhibit 39 - November 7, 2018 Videotaped Deposition of Elias Zerhouni, #40 Exhibit 40 - REUTERS article, #41 Exhibit 41 - Sanofi Appoints David Meeker Chief Executive Officer of Genzyme, Sanofi Genzyme Website, #42 Exhibit 42 - July 26, 2018 Videotaped Deposition of David Meeker, #43 Exhibit 43 - June 14, 2018 Videotaped Deposition of Marc Esteva, #44 Exhibit 44 - Bill Sibold, Executive Vice President and Head of Sanofi Genzyme bio, #45 Exhibit 45 - Bill Sibold, LinkedIn, #46 Exhibit 46 - July 31, 2018 Videotaped Deposition of Mark Underwood, #47 Exhibit 47 - Mark Underwood, LinkedIn, #48 Exhibit 48 - Stephen Lake, LinkedIn, #49 Exhibit 49 - November 16, 2017 Videotaped Deposition of Stephen Lake, #50 Exhibit 50 - Michael Panzara, LinkedIn, #51 Exhibit 51 - October 24, 2017 Videotaped Deposition of Michael Panzara, #52 Exhibit 52 - November 1, 2017 Videotaped Deposition of Jennifer Panagoulias, #53 Exhibit 53 - Tom Snow, LinkedIn, #54 Exhibit 54 - Carole Huntsman, LinkedIn, #55 Exhibit 55 - September 5, 2018 Videotaped Deposition of Jerome Contamine, #56 Exhibit 56 - July 17, 2018 Videotaped Deposition of William J. Sibold, #57 Exhibit 57 - June 22, 2018 Videotaped Deposition of Thomas Snow, #58 Exhibit 58 - May 8, 2018 Videotaped Deposition of Carole Huntsman, #59 Exhibit 59 - Plaintiff UMB Bank, N.A., as Trustee's Responses and Objections to Defendants First Set of Requests for Admission, #60 Exhibit 60 - Filed Under Seal, #61 Exhibit 61 - Filed Under Seal, #62 Exhibit 62 - Filed Under Seal, #63 Exhibit 63 - Filed Under Seal, #64 Exhibit 64 - Filed Under Seal, #65 Exhibit 65 - Filed Under Seal, #66 Exhibit 66 - Filed Under Seal, #67 Exhibit 67 - Filed Under Seal, #68 Exhibit 68 - Filed Under Seal, #69 Exhibit 69 - Filed Under Seal, #70 Exhibit 70 - Filed Under Seal, #71 Exhibit 71 - Filed Under Seal, #72 Exhibit 72 - Filed Under Seal, #73 Exhibit 73 - Filed Under Seal, #74 Exhibit 74 - Filed Under Seal, #75 Exhibit 75 - Filed Under Seal, #76 Exhibit 76 - Filed Under Seal, #77 Exhibit 77 - Filed Under Seal, #78 Exhibit 78 - Filed Under Seal, #79 Exhibit 79 - Filed Under Seal, #80 Exhibit 80 - Filed Under Seal, #81 Exhibit 81 - Filed Under Seal, #82 Exhibit 82 - Filed Under Seal, #83 Exhibit 83 - Filed Under Seal, #84 Exhibit 84 - Filed Under Seal, #85 Exhibit 85 - Filed Under Seal, #86 Exhibit 86 - Filed Under Seal, #87 Exhibit 87 - Filed Under Seal, #88 Exhibit 88 - Filed Under Seal, #89 Exhibit 89 - Filed Under Seal, #90 Exhibit 90 - Filed Under Seal, #91 Exhibit 91 - Filed Under Seal, #92 Exhibit 92 - Filed Under Seal, #93 Exhibit 93 - Filed Under Seal, #94 Exhibit 94 - Filed Under Seal, #95 Exhibit 95 - Filed Under Seal, #96 Exhibit 96 - Filed Under Seal, #97 Exhibit 97 - Filed Under Seal, #98 Exhibit 98 - Filed Under Seal, #99 Exhibit 99 - Filed Under Seal, #100 Exhibit 100 - Filed Under Seal, #101 Exhibit 101 - Filed Under Seal, #102 Exhibit 102 - Filed Under Seal, #103 Exhibit 103 - Filed Under Seal, #104 Exhibit 104 - Filed Under Seal, #105 Exhibit 105 - Filed Under Seal, #106 Exhibit 106 - Filed Under Seal, #107 Exhibit 107 - Filed Under Seal, #108 Exhibit 108 - Filed Under Seal, #109 Exhibit 109 - Filed Under Seal, #110 Exhibit 110 - Filed Under Seal, #111 Exhibit 111 - Filed Under Seal, #112 Exhibit 112 - Filed Under Seal, #113 Exhibit 113 - Filed Under Seal, #114 Exhibit 114 - Filed Under Seal, #115 Exhibit 115 - May 3, 2018 Videotaped Deposition of Pamela Williamson, #116 Exhibit 116 - Filed Under Seal, #117 Exhibit 117 - Filed Under Seal, #118 Exhibit 118 - Filed Under Seal, #119 Exhibit 119 - Filed Under Seal, #120 Exhibit 120 - Filed Under Seal, #121 Exhibit 121 - Filed Under Seal, #122 Exhibit 122 - Primary Progressive MS (PPMS), National Multiple Sclerosis Society, #123 Exhibit 123 - Filed Under Seal, #124 Exhibit 124 - Filed Under Seal, #125 Exhibit 125 - Filed Under Seal, #126 Exhibit 126 - Filed Under Seal, #127 Exhibit 127 - Filed Under Seal, #128 Exhibit 128 - Filed Under Seal, #129 Exhibit 129 - Filed Under Seal, #130 Exhibit 130 - Filed Under Seal, #131 Exhibit 131 - FDA approves new drug to treat multiple sclerosis, #132 Exhibit 132 - Roche's Ocrevus continues winning streak as NICE flip-flops on initial rejection, #133 Exhibit 133 - Filed Under Seal, #134 Exhibit 134 - Filed Under Seal, #135 Exhibit 135 - Filed Under Seal, #136 Exhibit 136 - Filed Under Seal, #137 Exhibit 137 - Filed Under Seal, #138 Exhibit 138 - Filed Under Seal, #139 Exhibit 139 - Filed Under Seal, #140 Exhibit 140 - Filed Under Seal, #141 Exhibit 141 - Development & Approval Process (Drugs), U.S. Food & Drug Administration, #142 Exhibit 142 - Filed Under Seal, #143 Exhibit 143 - Filed Under Seal, #144 Exhibit 144 - Filed Under Seal, #145 Exhibit 145 - Open Label Study, National Cancer Institute, #146 Exhibit 146 - Blind Study, Medical Dictionary, #147 Exhibit 147 - Filed Under Seal, #148 Exhibit 148 - Filed Under Seal, #149 Exhibit 149 - FDA Licensing Rule, #150 Exhibit 150 - FDA Licensing Rule, #151 Exhibit 151 - Filed Under Seal, #152 Exhibit 152 - FDA Applications, #153 Exhibit 153 - Filed Under Seal, #154 Exhibit 154 - Filed Under Seal, #155 Exhibit 155 - Filed Under Seal, #156 Exhibit 156 - Filed Under Seal, #157 Exhibit 157 - Filed Under Seal, #158 Exhibit 158 - Filed Under Seal, #159 Exhibit 159 - Filed Under Seal, #160 Exhibit 160 - Filed Under Seal, #161 Exhibit 161 - Filed Under Seal, #162 Exhibit 162 - Genzyme Receives Complete Response Letter from FDA on Lemtrada (alemtuzumab) Application, #163 Exhibit 163 - Filed Under Seal, #164 Exhibit 164 - Filed Under Seal, #165 Exhibit 165 - Genzymes Lemtrada Approved by the FDA, Sanofi Genzyme Website, #166 Exhibit 166 - Filed Under Seal, #167 Exhibit 167 - Filed Under Seal, #168 Exhibit 168 - Statistical Review and Evaluation, Clinical Studies, #169 Exhibit 169 - Filed Under Seal, #170 Exhibit 170 - Filed Under Seal, #171 Exhibit 171 - Filed Under Seal, #172 Exhibit 172 - EDSS variability before randomization may limit treatment discovery in primary progressive MS, #173 Exhibit 173 - Filed Under Seal, #174 Exhibit 174 - Filed Under Seal, #175 Exhibit 175 - Filed Under Seal, #176 Exhibit 176 - Filed Under Seal, #177 Exhibit 177 - Filed Under Seal, #178 Exhibit 178 - Filed Under Seal, #179 Exhibit 179 - Filed Under Seal, #180 Exhibit 180 - Filed Under Seal, #181 Exhibit 181 - Filed Under Seal, #182 Exhibit 182 - Filed Under Seal, #183 Exhibit 183 - Filed Under Seal, #184 Exhibit 184 - Filed Under Seal, #185 Exhibit 185 - Filed Under Seal, #186 Exhibit 186 - Filed Under Seal, #187 Exhibit 187 - Filed Under Seal, #188 Exhibit 188 - Filed Under Seal, #189 Exhibit 189 - Filed Under Seal, #190 Exhibit 190 - Filed Under Seal, #191 Exhibit 191 - Filed Under Seal, #192 Exhibit 192 - Filed Under Seal, #193 Exhibit 193 - Filed Under Seal, #194 Exhibit 194 - Filed Under Seal, #195 Exhibit 195 - Filed Under Seal, #196 Exhibit 196 - Commision de la Transparence, #197 Exhibit 197 - Filed Under Seal, #198 Exhibit 198 - Filed Under Seal, #199 Exhibit 199 - Filed Under Seal, #200 Exhibit 200 - Filed Under Seal, #201 Exhibit 201 - Filed Under Seal, #202 Exhibit 202 - Filed Under Seal, #203 Exhibit 203 - Filed Under Seal, #204 Exhibit 204 - Filed Under Seal, #205 Exhibit 205 - Filed Under Seal, #206 Exhibit 206 - Filed Under Seal, #207 Exhibit 207 - Filed Under Seal, #208 Exhibit 208 - Filed Under Seal, #209 Exhibit 209 - Filed Under Seal, #210 Exhibit 210 - Filed Under Seal, #211 Exhibit 211 - Filed Under Seal, #212 Exhibit 212 - Filed Under Seal, #213 Exhibit 213 - Filed Under Seal, #214 Exhibit 214 - Filed Under Seal, #215 Exhibit 215 - Filed Under Seal, #216 Exhibit 216 - Filed Under Seal, #217 Exhibit 217 - Filed Under Seal, #218 Exhibit 218 - Filed Under Seal, #219 Exhibit 219 - Filed Under Seal, #220 Exhibit 220 - Filed Under Seal, #221 Exhibit 221 - Filed Under Seal, #222 Exhibit 222 - Filed Under Seal, #223 Exhibit 223 - Filed Under Seal, #224 Exhibit 224 - Filed Under Seal, #225 Exhibit 225 - Filed Under Seal, #226 Exhibit 226 - Filed Under Seal, #227 Exhibit 227 - Filed Under Seal, #228 Exhibit 228 - Filed Under Seal, #229 Exhibit 229 - Filed Under Seal, #230 Exhibit 230 - Filed Under Seal, #231
September 13, 2019 Filing 255 DECLARATION of Joshua S. Amsel in Support re: #253 MOTION to Seal .. Document filed by Sanofi. (Attachments: #1 Exhibit A - List of Documents Sought To Be Filed Under Seal)(Neuwirth, John)
September 13, 2019 Filing 254 MEMORANDUM OF LAW in Support re: #253 MOTION to Seal . . Document filed by Sanofi. (Neuwirth, John)
September 13, 2019 Filing 253 MOTION to Seal . Document filed by Sanofi.(Neuwirth, John)
September 13, 2019 Filing 252 MEMORANDUM OF LAW in Support re: #248 MOTION for Summary Judgment on Counts I, II, and VII of the Second Amended Complaint. [CORRECTED]. Document filed by Sanofi. (Neuwirth, John)
September 13, 2019 Filing 251 DECLARATION of Stefania D. Venezia in Support re: #248 MOTION for Summary Judgment on Counts I, II, and VII of the Second Amended Complaint.. Document filed by Sanofi. (Attachments: #1 Exhibit A - Edwards Expert Report Excerpt, #2 Exhibit B - Edwards Deposition Transcript Excerpt, #3 Exhibit C - Chin Expert Report Excerpt, #4 Exhibit D - Chin Deposition Transcript Excerpt, #5 Exhibit E - Blum Expert Report Excerpt, #6 Exhibit F - Caeser Expert Report Excerpt, #7 Exhibit G - Slovick Expert Report Excerpt, #8 Exhibit H - Slovick Deposition Transcript Excerpt, #9 Exhibit I - Phillips Expert Report Excerpt, #10 Exhibit J - Smolin Expert Report Excerpt, #11 Exhibit K - Smolin Deposition Transcript Excerpt, #12 Exhibit L - Phillips Expert Report Excerpt, #13 Exhibit M - Form 20-F Excerpt, #14 Exhibit N- November 14, 2014 Press Release)(Neuwirth, John)
September 13, 2019 Filing 250 RULE 56.1 STATEMENT. Document filed by Sanofi. (Neuwirth, John)
September 13, 2019 Filing 249 MEMORANDUM OF LAW in Support re: #248 MOTION for Summary Judgment on Counts I, II, and VII of the Second Amended Complaint. . Document filed by Sanofi. (Neuwirth, John)
September 13, 2019 Filing 248 MOTION for Summary Judgment on Counts I, II, and VII of the Second Amended Complaint. Document filed by Sanofi.(Neuwirth, John)
September 13, 2019 Filing 247 RULE 56.1 STATEMENT. Document filed by UMB Bank, N.A., as Trustee. (Gilman, Charles)
September 13, 2019 Filing 246 MEMORANDUM OF LAW in Support re: #245 MOTION for Summary Judgment as to Counts I, II and VII of the Second Amended Complaint. . Document filed by UMB Bank, N.A., as Trustee. (Gilman, Charles)
September 13, 2019 Filing 245 MOTION for Summary Judgment as to Counts I, II and VII of the Second Amended Complaint. Document filed by UMB Bank, N.A., as Trustee.(Gilman, Charles)
September 10, 2019 Opinion or Order Filing 244 ORDER granting #243 Letter Motion for Leave to File Excess Pages: SO ORDERED. (Signed by Judge George B. Daniels on 9/10/2019) (jwh)
September 10, 2019 Filing 243 JOINT LETTER MOTION for Leave to File Excess Pages addressed to Judge George B. Daniels from John A. Neuwirth dated September 10, 2019. Document filed by Sanofi.(Neuwirth, John)
September 9, 2019 Filing 242 NOTICE OF APPEARANCE by Caroline Saucier on behalf of UMB Bank, N.A., as Trustee. (Saucier, Caroline)
September 9, 2019 Filing 241 NOTICE OF APPEARANCE by Margaret Ann Barone on behalf of UMB Bank, N.A., as Trustee. (Barone, Margaret)
September 9, 2019 Filing 240 NOTICE OF APPEARANCE by Adam Shawn Mintz on behalf of UMB Bank, N.A., as Trustee. (Mintz, Adam)
September 9, 2019 Filing 239 NOTICE OF APPEARANCE by Jonathan David Thier on behalf of UMB Bank, N.A., as Trustee. (Thier, Jonathan)
September 9, 2019 Filing 238 NOTICE OF APPEARANCE by Tammy Lynn Roy on behalf of UMB Bank, N.A., as Trustee. (Roy, Tammy)
August 28, 2019 Filing 237 JOINT LETTER addressed to Magistrate Judge Robert W. Lehrburger from Charles A. Gilman and John A. Neuwirth dated August 28, 2019 re: Status Letter. Document filed by UMB Bank, N.A., as Trustee.(Gilman, Charles)
July 1, 2019 Filing 236 JOINT LETTER addressed to Magistrate Judge Robert W. Lehrburger from Charles A. Gilman and John A. Neuwirth dated July 1, 2019 re: Status Letter. Document filed by UMB Bank, N.A., as Trustee.(Gilman, Charles)
May 17, 2019 Filing 235 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Discovery Conference proceeding held on 5/14/2019 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.(aea)
May 17, 2019 Filing 234 TRANSCRIPT of Proceedings re: Discovery Conference held on 5/14/2019 before Magistrate Judge Robert W. Lehrburger. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/7/2019. Redacted Transcript Deadline set for 6/17/2019. Release of Transcript Restriction set for 8/15/2019.(aea)
May 14, 2019 Minute entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Discovery Hearing held on 5/14/2019 at 4:00 p.m. (rsh)
April 30, 2019 Opinion or Order Filing 233 SCHEDULING ORDER: Discovery Conference set for 5/14/2019 at 4:00 PM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Robert W. Lehrburger. Parties are instructed to review and adhere to Judge Lehrburger's individual rules and practices. (Signed by Magistrate Judge Robert W. Lehrburger on 4/30/2019) (rsh)
April 30, 2019 Filing 232 JOINT LETTER addressed to Magistrate Judge Robert W. Lehrburger from Charles A. Gilman and John A. Neuwirth dated April 30, 2019 re: Status Letter. Document filed by UMB Bank, N.A., as Trustee.(Gilman, Charles)
April 26, 2019 Filing 231 REPLY re: #230 Letter, #229 Letter Defendant's response to Plaintiff's April 25, 2019 letter and Stonehill's April 25, 2019 letter. Document filed by Sanofi. (Neuwirth, John)
April 25, 2019 Filing 230 LETTER addressed to Magistrate Judge Robert W. Lehrburger from Steven Paradise dated April 25, 2019 re: opposition to Defendant Sanofi's April 22, 2019 letter motion for leave to open fact discovery to take three depositions of Stonehill employees. Document filed by Stonehill Master Fund Limited, Stonehill Institutional Partners, L.P..(Paradise, Steven)
April 25, 2019 Filing 229 LETTER addressed to Magistrate Judge Robert W. Lehrburger from Charles A. Gilman dated April 25, 2019 re: in response to Defendant's letter of April 22, 2019. Document filed by UMB Bank, N.A., as Trustee.(Gilman, Charles)
April 22, 2019 Filing 228 SEALED DOCUMENT placed in vault.(mhe)
April 22, 2019 Filing 227 LETTER MOTION for Discovery Request addressed to Magistrate Judge Robert W. Lehrburger from John A. Neuwirth dated April 22, 2019. Document filed by Sanofi. (Attachments: #1 Exhibit 1 - Oct. 23, 2018 Letter, #2 Exhibit 2 - Proposed Deposition Subpoena to Stonehill Master Fund Limited, #3 Exhibit 3 - Proposed Deposition Subpoena to Stonehill Institutional Partners, L.P., #4 Exhibit 4 - Proposed Deposition Subpoena to Michael Stern, #5 Exhibit 5 - Wilkinson Deposition Transcript (Excerpts), #6 Exhibit 6 - Sept. 14, 2015 Email (STONEHILL00000669), #7 Exhibit 7 - Nov. 15, 2015 Email (STONEHILL00000017), #8 Exhibit 8 - June 17, 2016 Email (STONEHILL00002264), #9 Exhibit 9 - July 10, 2016 Email (STONEHILL00000101), #10 Exhibit 10 - Dec. 16, 2016 Email (STONEHILL00002549), #11 Exhibit 11 - July 14, 2016 Email (STONEHILL00001415), #12 Exhibit 12 - Nov. 6, 2016 Email (STONEHILL00000702), #13 Exhibit 13- Dec. 1, 2016 Press Release (UMB-CVR-00000395), #14 Exhibit 14 - Mar. 14, 2017 Email (STONEHILL00000353), #15 Exhibit 15 - Apr. 18, 2017 Email (STONEHILL00000356), #16 Exhibit 16 - Mar. 29, 2018 Email (STONEHILL00002633), #17 Exhibit 17 - Jan. 27, 2017 Email (STONEHILL00000793), #18 Exhibit 18 - July 20, 2018 Email (STONEHILL00002650), #19 Exhibit 19 - CVR Ownership Spreadsheet from Bloomberg, #20 Exhibit 20 - June 29, 2016 Email (STONEHILL00004105))(Neuwirth, John)
March 1, 2019 Filing 226 JOINT LETTER addressed to Magistrate Judge Robert W. Lehrburger from Charles A. Gilman and John A Neuwirth dated 03/01/2019 re: Joint Status Letter. Document filed by UMB Bank, N.A., as Trustee.(Gilman, Charles)
December 31, 2018 Filing 225 JOINT LETTER addressed to Magistrate Judge Robert W. Lehrburger from John A. Neuwirth dated December 31, 2018 re: Joint Status Letter. Document filed by Sanofi.(Neuwirth, John)
November 30, 2018 Opinion or Order Filing 224 SIXTH AMENDED DISCOVERY PLAN AND SCHEDULING ORDER: NOW, THEREFORE, pursuant to Rules 16(b) and 26(f) of the Federal Rules of Civil Procedure (the "Federal Rules"), the Court hereby adopts the following stipulated amended discovery plan and scheduling order. All discovery shall proceed in accordance with the applicable Federal Rules and the Local Rules of the United States District Courts for the Southern and Eastern Districts of New York (the "Local Rules"), except as otherwise ordered by the Court or as specified herein. Depositions of all experts shall be completed on or before July 26, 2019. Defendant shall be entitled to depose all rebuttal expert witnesses even if such rebuttal expert witnesses were previously deposed in connection with previous reports. Any depositions taken by Defendant of Plaintiffs rebuttal expert witnesses (if any) after service of written rebuttal reports are limited to the issues in the rebuttal reports. Motions for summary judgment shall be served on or before September 13, 2019; opposition papers shall be served on or before November 8, 2019; and reply papers shall be served on or before December 20, 2019. A joint pretrial order shall be filed on or before September 30, 2019, unless a motion for summary judgment is made under subsection (b)(i) supra. In the event one or more motions for summary judgment are made, the date for submitting a joint pretrial order shall be 30 days from the issuance of a written decision on the motion(s), and as further specified and set forth in this Sixth Amended Discovery Plan and Scheduling Order. (Deposition due by 7/26/2019. Pretrial Order due by 9/30/2019.) (Signed by Magistrate Judge Robert W. Lehrburger on 11/30/2018) (rjm)
November 30, 2018 Opinion or Order Filing 223 ORDER: The Court is in receipt of the parties' request for entry of a sixth amended scheduling order. The request essentially extends the schedule through full summary judgment briefing by 3 months. The Court appreciates the complexities of this case and the variable nature of discovery events and timing. At the same time, the Court views the proposed schedule as very generous, as it envisions almost an entire year for expert discovery and summary judgment briefing. Further, it is highly questionable whether the basis for the requested extension (requests to admit and interrogatories coming at the end of fact discovery but which should have been anticipated and accounted for in the previous scheduling order) constitute compelling circumstances as required by the last scheduling order. Accordingly, the Court will approve the proposal but with the caveat that there will be no further extensions under any circumstances. The scheduling order will issue separately from this order. (Signed by Magistrate Judge Robert W. Lehrburger on 11/30/2018) (Lehrburger, Robert)
November 29, 2018 Filing 222 JOINT LETTER addressed to Magistrate Judge Robert W. Lehrburger from John A. Neuwirth dated November 29, 2018 re: request for modifications to the Discovery Plan and Scheduling Order. Document filed by Sanofi. (Attachments: #1 Text of Proposed Order)(Neuwirth, John)
November 1, 2018 Filing 221 JOINT LETTER addressed to Magistrate Judge Robert W. Lehrburger from Charles A. Gilman dated November 1, 2018 re: Joint Status Letter. Document filed by UMB Bank, N.A., as Trustee.(Gilman, Charles)
October 22, 2018 Opinion or Order Filing 220 ORDER granting #216 Letter Motion for Discovery. Accordingly, after due consideration of the parties' submissions (see ECF 216-219) and all prior proceedings, the Court orders as follows: Sanofi may proceed with the limited subpoenas directed to the two Stonehill entities. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 10/22/2018) Copies Sent By Chambers. (mml)
October 16, 2018 Filing 219 LETTER REPLY to Response to Motion addressed to Magistrate Judge Robert W. Lehrburger from John A. Neuwirth dated October 16, 2018 re: #216 LETTER MOTION for Discovery addressed to Magistrate Judge Robert W. Lehrburger from Joshua S. Amsel dated October 15, 2018. . Document filed by Sanofi. (Neuwirth, John)
October 16, 2018 Filing 217 LETTER RESPONSE to Motion addressed to Magistrate Judge Robert W. Lehrburger from Charles A. Gilman dated October 16, 2018 re: #216 LETTER MOTION for Discovery addressed to Magistrate Judge Robert W. Lehrburger from Joshua S. Amsel dated October 15, 2018. . Document filed by UMB Bank, N.A., as Trustee. (Attachments: #1 Exhibit A - Memorandum and Order)(Gilman, Charles)
October 15, 2018 Filing 218 SEALED DOCUMENT placed in vault.(rz)
October 15, 2018 Filing 216 LETTER MOTION for Discovery addressed to Magistrate Judge Robert W. Lehrburger from Joshua S. Amsel dated October 15, 2018. Document filed by Sanofi. (Attachments: #1 Exhibit A -June 21, 2016 Email, #2 Exhibit B -Wilkinson Deposition Transcript Oct. 9, 2018, #3 Exhibit C -June 17, 2016 Email, #4 Exhibit D -Aug. 26, 2016 Email, #5 Exhibit E -Sept. 20, 2016 Email, #6 Exhibit F -Sept 26, 2016 Email, #7 Exhibit G -Sept 30, 2016 Email, #8 Exhibit H -Nov. 30, 2016 Email, #9 Exhibit I -Nov. 30, 2016 Funding Agreement, #10 Exhibit J -Apr. 12, 2017 Plaintiff's Supplemental Responses and Objections, #11 Exhibit K -Dec. 1, 2016 Press Release)(Amsel, Joshua)
September 24, 2018 Opinion or Order Filing 215 FIFTH AMENDED DISCOVERY PLAN AND SCHEDULING ORDER: Depositions, other than depositions of experts, shall occur on or before November 12, 2018. Motions for summary judgment shall be served on or before June 24, 2019; opposition papers shall be served on or before August 12, 2019; and reply papers shall be served on or before September 16, 2019. Expert Deposition due by 5/20/2019. Fact Discovery due by 11/12/2018. Pretrial Order due by 7/1/2019. (Signed by Magistrate Judge Robert W. Lehrburger on 9/24/2018) (mml)
September 24, 2018 Filing 214 PROPOSED SCHEDULING ORDER. Document filed by UMB Bank, N.A., as Trustee. (Gilman, Charles)
September 17, 2018 Opinion or Order Filing 213 ORDER granting #212 Letter Motion for Extension of Time: The parties' joint request for an extension of fact discovery and subsequent dates by 45 days is granted. By September 26, 2018, the parties shall submit a proposed revised scheduling order for entry by the Court. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) (Lehrburger, Robert)
September 14, 2018 Filing 212 JOINT LETTER MOTION for Extension of Time of dates set forth in Fourth Amended Discovery Plan and Scheduling Order addressed to Magistrate Judge Robert W. Lehrburger from Charles A. Gilman dated September 14, 2018. Document filed by UMB Bank, N.A., as Trustee.(Gilman, Charles)
August 3, 2018 Filing 211 JOINT LETTER addressed to Robert W. Lehrburger from Charles A. Gilman dated August 3, 2018 re: Joint Status Letter. Document filed by UMB Bank, N.A., as Trustee.(Gilman, Charles)
July 13, 2018 Opinion or Order Filing 210 ORDER: Plaintiff's request for a conference to discuss Defendant's response to 30(b)(6) deposition notice is denied without prejudice. Plaintiff failed to comply with its obligations to meet and confer. The scope and timing of Plaintiff's 30(b)(6) notice do raise concern. The parties should be guided accordingly. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) (Lehrburger, Robert)
July 12, 2018 Filing 209 LETTER addressed to Robert W. Lehrburger from Charles A. Gilman dated July 12, 2018 re: Response to letter. Document filed by UMB Bank, N.A., as Trustee.(Gilman, Charles)
July 12, 2018 Filing 208 LETTER RESPONSE to Motion addressed to Magistrate Judge Robert W. Lehrburger from John A. Neuwirth dated July 12, 2018 re: #207 LETTER MOTION for Conference addressed to Magistrate Judge Robert W. Lehrburger from Charles A. Gilman dated July 11, 2018. . Document filed by Sanofi. (Attachments: #1 Exhibit A - Plaintiff's Responses and Objections to Sanofi's Notice of 30(b)(6) Deposition)(Neuwirth, John)
July 11, 2018 Filing 207 LETTER MOTION for Conference addressed to Magistrate Judge Robert W. Lehrburger from Charles A. Gilman dated July 11, 2018. Document filed by UMB Bank, N.A., as Trustee. (Attachments: #1 Exhibit A, #2 Exhibit B)(Gilman, Charles)
July 2, 2018 Filing 206 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 06/19/2018 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.(mhe)
July 2, 2018 Filing 205 TRANSCRIPT of Proceedings re: Telephone Conference held on 6/19/2018 before Magistrate Judge Robert W. Lehrburger. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/23/2018. Redacted Transcript Deadline set for 8/2/2018. Release of Transcript Restriction set for 10/1/2018.(mhe)
June 19, 2018 Opinion or Order Filing 204 ORDER: Plaintiff UMB Bank, N.A., as Trustee, seeks to compel production of documents relating to Sanofi's decision in 2018 to initiate a clinical trial with Lemtrada in primary progressive multiple sclerosis. Based upon a review of the parties' submissions, the June 19 telephone conference, and all prior proceedings, it is hereby ORDERED that Sanofi must produce the documents identified in its letter dated June 7, 2018 (Dkt. 200) in addition to the Brand Plan and the Strategic Plan for 2017, and if any such documents exist, for 2018. A separate scheduling order will be entered addressing the other issues discussed. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 6/19/2018) Copies Sent By Chambers. (mml)
June 19, 2018 Opinion or Order Filing 203 FOURTH AMENDED DISCOVERY PLAN AND SCHEDULING ORDER: Deposition due by 9/28/2018. Expert Deposition due by 4/5/2019. Fact Discovery due by 9/28/2018. Joint Pretrial Order due by 5/17/2019. Every 45 days, the parties shall submit a joint status letter no longer that 5 pages. No further extensions absent compelling circumstances. (Signed by Magistrate Judge Robert W. Lehrburger on 6/19/2018) (mml)
June 19, 2018 Minute entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Telephone Conference held on 6/19/2018 at 9:30 a.m. (rsh)
June 8, 2018 Filing 202 LETTER addressed to Robert W. Lehrburger from Michael B. Weiss dated June 8, 2018 re: Document Production Referenced in June 4, 2018 Letter Motion to Compel. Document filed by UMB Bank, N.A., as Trustee.(Gilman, Charles)
June 8, 2018 Opinion or Order Filing 201 SCHEDULING ORDER: Telephone Conference set for 6/19/2018 at 9:30 AM before Magistrate Judge Robert W. Lehrburger. Parties shall jointly call the chambers conference line at (212) 805-0113. (Signed by Magistrate Judge Robert W. Lehrburger on 6/8/2018) (rsh)
June 7, 2018 Filing 200 LETTER RESPONSE to Motion addressed to Magistrate Judge Robert W. Lehrburger from John A. Neuwirth dated June 7, 2018 re: #197 LETTER MOTION to Compel addressed to Magistrate Judge Robert W. Lehrburger from Michael B. Weiss dated June 4, 2018. . Document filed by Sanofi. (Attachments: #1 Exhibit A - Correspondence)(Neuwirth, John)
June 7, 2018 Filing 199 JOINT LETTER addressed to Robert W. Lehrburger from John A. Neuwirth dated June 7, 2018 re: requesting modification of Discovery Plan and Scheduling Order. Document filed by Sanofi. (Attachments: #1 Text of Proposed Order)(Neuwirth, John)
June 4, 2018 Filing 198 DECLARATION of Michael B. Weiss in Support re: #197 LETTER MOTION to Compel addressed to Magistrate Judge Robert W. Lehrburger from Michael B. Weiss dated June 4, 2018.. Document filed by UMB Bank, N.A., as Trustee. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Gilman, Charles)
June 4, 2018 Filing 197 LETTER MOTION to Compel addressed to Magistrate Judge Robert W. Lehrburger from Michael B. Weiss dated June 4, 2018. Document filed by UMB Bank, N.A., as Trustee.(Gilman, Charles)
May 29, 2018 Opinion or Order Filing 196 ORDER denying #194 Letter Motion for Leave to File Document. Defendant's motion for leave to file a sur-reply to Plaintiff's reply in support of its objections to Magistrate Judge Lehrburger's April 12, 2018 Report and Recommendation, (ECF No. 194), is DENIED. SO ORDERED. (Signed by Judge George B. Daniels on 5/29/2018) (anc)
May 29, 2018 Opinion or Order Filing 195 MEMORANDUM DECISION AND ORDER adopting Report and Recommendations for #185 Report and Recommendations, #134 Motion for Summary Judgment filed by UMB Bank, N.A., as Trustee. Plaintiff's objections are overruled, and Magistrate Judge Lehrburger's Report is ADOPTED. Plaintiff's motion for partial summary judgment on Count VI of the Second Amended Complaint is GRANTED, but Plaintiff's request for immediate enforcement of the judgment is DENIED. SO ORDERED. (Signed by Judge George B. Daniels on 5/29/2018) (anc)
May 29, 2018 Filing 194 LETTER MOTION for Leave to File Sur-Reply to Trustee's Reply In Support of Its Objections to Part Two of the April 12, 2018 Report and Recommendation #192 addressed to Judge George B. Daniels from John A. Neuwirth dated May 29, 2018. Document filed by Sanofi. (Attachments: #1 Exhibit A - Sanofi's [Proposed] Sur-Reply)(Neuwirth, John)
May 24, 2018 Filing 193 DECLARATION of Michael B. Weiss . Document filed by UMB Bank, N.A., as Trustee. (Gilman, Charles)
May 24, 2018 Filing 192 REPLY re: #190 Objection to Report and Recommendations . Document filed by UMB Bank, N.A., as Trustee. (Gilman, Charles)
May 22, 2018 Filing 191 RESPONSE re: #190 Objection to Report and Recommendations . Document filed by Sanofi. (Neuwirth, John)
May 8, 2018 Filing 190 OBJECTION to #185 Report and Recommendations Document filed by UMB Bank, N.A., as Trustee. (Attachments: #1 Appendix A, #2 Appendix B)(Gilman, Charles)
April 24, 2018 Opinion or Order Filing 189 ORDER: Having failed to advance any new facts, issues or argument not previously considered by the Court, and there being no basis shown for the discovery order requested, UMB's motion to reconsider, or, alternatively, for an order compelling Sanofi to submit to on-site inspection of its sales-related data, is DENIED. The April 12, 2018 R&R is reinstated as of today's date. Pursuant to 28 U.S.C. 636(b)(1) and Rules 72, 6(a), and 6(d) of the Federal Rules of Civil Procedure, the parties shall have fourteen (14) days from entry of this Order to file written objections to the Report and Recommendation. Such objections shall be filed with the Clerk of the Court, with extra copies delivered to the Chambers of the Honorable George B. Daniels, at United States Courthouse, 500 Pearl Street, New York, New York 10007, and to the Chambers of the undersigned, at United States Courthouse, 500 Pearl Street, New York, New York 10007. Failure to file timely objections will preclude appellate review. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 4/24/2018) Copies Sent By Chambers. (mml)
April 23, 2018 Filing 188 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Robert W. Lehrburger from John A. Neuwirth dated April 23, 2018 re: #186 LETTER MOTION for Discovery and reconsideration of April 12, 2018 Report and Recommendation addressed to Magistrate Judge Robert W. Lehrburger from Charles A. Gilman dated April 18, 2018. . Document filed by Sanofi. (Neuwirth, John)
April 19, 2018 Opinion or Order Filing 187 ORDER temporarily withdrawing Report and Recommendation issued on April 12, 2018. Plaintiff has requested reconsideration of this Court's Report and Recommendation issued on April 12, 2018 in light of subsequent discovery developments. [Dkt. 186] So that this Court may consider the new information, the April 12, 2018 R&R is temporarily withdrawn, and the time for either party to file objections is suspended. By April 21, 2018, Defendant shall file a letter response to Plaintiff' letter. The Clerk of the Court is respectfully requested to withdraw the April 12, 2018 R&R. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order)
April 18, 2018 Filing 186 LETTER MOTION for Discovery and reconsideration of April 12, 2018 Report and Recommendation addressed to Magistrate Judge Robert W. Lehrburger from Charles A. Gilman dated April 18, 2018. Document filed by UMB Bank, N.A., as Trustee. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Gilman, Charles)
April 12, 2018 Filing 185 REPORT AND RECOMMENDATION ON MOTION FOR SUMMARY JUDGMENT re: #134 MOTION for Summary Judgment . filed by UMB Bank, N.A., as Trustee. For the foregoing reasons, I recommend that the Court GRANT Plaintiff's motion for partial summary judgment on Claim VI of the Second Amended Complaint, and DENY Plaintiff's motion insofar as it seeks immediate entry of compliance with the judgment. Pursuant to 28 U.S.C. 636(b)(1) and Rules 72, 6(a), and 6(d) of the Federal Rules of Civil Procedure, the parties shall have fourteen (14) days to file written objections to this Report and Recommendation. Such objections shall be filed with the Clerk of the Court, with extra copies delivered to the Chambers of the Honorable George B. Daniels, at United States Courthouse, 500 Pearl Street, New York, New York 10007, and to the Chambers of the undersigned, at United States Courthouse, 500 Pearl Street, New York, New York 10007. Failure to file timely objections will preclude appellate review. Objections to R&R due by 4/26/2018 (Signed by Magistrate Judge Robert W. Lehrburger on 4/12/2018) Copies Sent By Chambers. (mml)
April 5, 2018 Filing 184 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Status Conference proceeding held on 3/28/2018 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.(mhe)
April 5, 2018 Filing 183 TRANSCRIPT of Proceedings re: Status Conference held on 3/28/2018 before Magistrate Judge Robert W. Lehrburger. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/26/2018. Redacted Transcript Deadline set for 5/7/2018. Release of Transcript Restriction set for 7/5/2018.(mhe)
March 30, 2018 Opinion or Order Filing 182 ORDER as reflected in 3/28/2018 transcript. (Signed by Magistrate Judge Robert W. Lehrburger on 3/28/2018) (Lehrburger, Robert)
March 28, 2018 Filing 181 LETTER addressed to Robert W. Lehrburger from John A. Neuwirth dated March 28, 2018 re: 179 Court's March 26, 2018 Order. Document filed by Sanofi. (Attachments: #1 Exhibit A - List of Third-Party advisor/consultants)(Neuwirth, John)
March 28, 2018 Filing 180 LETTER addressed to Robert W. Lehrburger from John A. Neuwirth dated March 28, 2018 re: #178 Letter from Charles A. Gilman dated March 23, 2018 re: March 28, 2018 Conference. Document filed by Sanofi.(Neuwirth, John)
March 28, 2018 Minute entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Status Conference held on 3/28/2018 at 2:00 p.m. (rsh)
March 26, 2018 Opinion or Order Filing 179 ORDER. By 10:00 am Wednesday March 28, 2018, Defendant shall submit for in camera review each attachment associated with the ten documents identified by Plaintiff and submitted to the Court for in camera review on March 22, 2018 (Dkt. 175), unless those attachments were previously produced to Plaintiff. By that same date and time, Defendant shall also provide a short description of each third-party advisor/consultant involved in the allegedly privileged documents, briefly summarizing the third party's relationship to the Defendant and the subject litigation. (Signed by Magistrate Judge Robert W. Lehrburger on 3/26/2018) (Lehrburger, Robert)
March 23, 2018 Filing 178 LETTER addressed to Robert W. Lehrburger from Charles A. Gilman dated March 23, 2018 re: March 28, 2018 Conference. Document filed by UMB Bank, N.A., as Trustee. (Attachments: #1 Proposed Agenda)(Gilman, Charles)
March 22, 2018 Filing 177 LETTER addressed to Robert W. Lehrburger from Charles A. Gilman dated March 22, 2018 re: Compliance with the Court's March 8, 2018 Order. Document filed by UMB Bank, N.A., as Trustee. (Attachments: #1 United States v. Ackert, #2 Church & Dwight Co. Inc. v. SPD Swiss Precision Diagnostics, GmbH, #3 Durling v. Papa John's Int'l, Inc.)(Gilman, Charles)
March 22, 2018 Filing 176 LETTER addressed to Robert W. Lehrburger from John A. Neuwirth dated March 22, 2018 re: 172 Court's March 8, 2018 Order and 174 Court's March 19, 2018 Order.. Document filed by Sanofi.(Neuwirth, John)
March 19, 2018 Filing 175 LETTER addressed to Robert W. Lehrburger from Charles A. Gilman dated March 19, 2018 re: Compliance with March 16, 2018 Order. Document filed by UMB Bank, N.A., as Trustee. (Attachments: #1 Documents Identified by Plaintiff)(Gilman, Charles)
March 16, 2018 Opinion or Order Filing 174 ORDER. Plaintiff's letter motion (Dkt. 173) is GRANTED. By March 19, 2018, Plaintiff shall identify ten documents withheld by Defendant. By March 22, 2018, Defendant shall provide them to the Court for in camera review. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 3/16/2018) (Lehrburger, Robert)
March 16, 2018 Filing 173 LETTER addressed to Robert W. Lehrburger from Charles A. Gilman dated March 16, 2018 re: Court's March 8, 2018 Order. Document filed by UMB Bank, N.A., as Trustee. (Attachments: #1 Appendix A)(Gilman, Charles)
March 9, 2018 NOTICE of Hearing: Status Conference set for 3/28/2018 at 2:00 PM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Robert W. Lehrburger. Parties are instructed to review and adhere to Judge Lehrburger's individual rules and practices. (rsh)
March 8, 2018 Opinion or Order Filing 172 ORDER: The parties shall confer and coordinate with the Court's Deputy Clerk to schedule a conference to address Plaintiff's letter motion to compel at Dkt. 170. Prior to the conference, Plaintiff shall select from Dkt. Exh. C ten of the listed documents that Plaintiff seeks to compel. At least three (3) business days before the conference, Defendant shall submit to the court for in camera review the 10 documents selected by Plaintiff. Also three (3) business days before the conference, the parties shall each provide to the Court copies of no more than three (3) case decisions they believe are most relevant and helpful to their position. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 3/8/2018) (Lehrburger, Robert)
March 7, 2018 Filing 171 LETTER RESPONSE to Motion addressed to Magistrate Judge Robert W. Lehrburger from John A. Neuwirth dated March 7, 2018 re: #170 LETTER MOTION to Compel the Production of Documents addressed to Magistrate Judge Robert W. Lehrburger from Charles A. Gilman dated March 2, 2018. . Document filed by Sanofi. (Neuwirth, John)
March 2, 2018 Filing 170 LETTER MOTION to Compel the Production of Documents addressed to Magistrate Judge Robert W. Lehrburger from Charles A. Gilman dated March 2, 2018. Document filed by UMB Bank, N.A., as Trustee. (Attachments: #1 Exhibit A - Listing of Sanofi's Non-Attorney Third Party Advisors, #2 Exhibit B - Waiver Example, #3 Exhibit C - Privilege Log Sample Pages)(Gilman, Charles)
February 27, 2018 Opinion or Order Filing 169 AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation): Plaintiff's Motion for Summary Judgment, ECF No. 134. Referred to Magistrate Judge Robert W. Lehrburger. Motions referred to Robert W. Lehrburger. (Signed by Judge George B. Daniels on 2/26/2018) (rjm)
February 14, 2018 Opinion or Order Filing 168 ORDER APPROVING WITHDRAWAL AS COUNSEL: granting #166 Motion to Withdraw as Attorney. IT IS HEREBY ORDERED and ADJUDGED as follows: Daniel R. LeCours is hereby withdrawn as counsel of record for UMB Bank and fully discharged from any further representation or obligation in this case. Remaining counsel of record will continue to represent UMB Bank. Daniel R. LeCours (email: dlecours@cahill.com) is removed from the mailing matrix and from receiving electronic filings in this case. SO ORDERED. Attorney Daniel Robert Lecours terminated. (Signed by Judge George B. Daniels on 2/14/2018) (ama) Modified on 2/14/2018 (ama).
February 14, 2018 Filing 167 DECLARATION of Daniel R. LeCours in Support re: #166 MOTION for Daniel R. LeCours to Withdraw as Attorney for UMB Bank. N.A... Document filed by UMB Bank, N.A., as Trustee. (Attachments: #1 Text of Proposed Order)(Lecours, Daniel)
February 14, 2018 Filing 166 MOTION for Daniel R. LeCours to Withdraw as Attorney for UMB Bank. N.A.. Document filed by UMB Bank, N.A., as Trustee.(Lecours, Daniel)
January 30, 2018 Filing 165 MEMO ENDORSEMENT on re: #164 Letter filed by Sanofi. ENDORSEMENT: The conference is adjourned to March 7, 2018 at 10:30 a.m. (Status Conference set for 3/7/2018 at 10:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 1/29/2018) (jwh)
January 29, 2018 Filing 164 JOINT LETTER addressed to Judge George B. Daniels from John A. Neuwirth dated January 29, 2018 re: Adjournment of February 1, 2018 Status Conference. Document filed by Sanofi.(Neuwirth, John)
January 11, 2018 Opinion or Order Filing 163 ORDER: Oral argument on Plaintiff's motion for summary judgment, (ECF No. 134), will be held on March 7, 2018, at 10:30 a.m. SO ORDERED., ( Oral Argument set for 3/7/2018 at 10:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 1/11/2018) (ama)
January 2, 2018 Filing 162 LETTER addressed to Robert W. Lehrburger from John A. Neuwirth dated January 2, 2018 re: Joint Status Report. Document filed by Sanofi.(Neuwirth, John)
December 8, 2017 Filing 161 REPLY MEMORANDUM OF LAW in Support re: #134 MOTION for Summary Judgment . . Document filed by UMB Bank, N.A., as Trustee. (Gilman, Charles)
November 22, 2017 Opinion or Order Filing 160 MEMORANDUM AND ORDER: the Court rules as follows: The subpoenas are hereby quashed at this time. The scope and extent of discovery is to be assessed based on whether the discovery sought is relevant and proportional to the needs of the case. FRCP 26(b)(1). Where discovery is targeted to non-parties, "[T]he Court should be particularly sensitive to weighing the probative value of the information sought against the burden of production on the nonparty." Fears v. Wilhelmina Model Agency, Inc., No. 02 Civ. 4911, 2004 WL 719185, at *1 (S.D.N.Y. April 1, 2004). See also Cohen v. City of New York, 255 F.R.D. 110, 117 (S.D.N.Y. 2008) (collecting cases and finding that special weight should be given to the burden of producing documents on non-parties). The CVR Holders are non-parties. To the extent the documents sought in the subpoenas seek communications between UMB and the CVR Holders, those documents can be obtained from UMB. It would be wasteful in terms of both time and money for the same documents to be sought from the non-parties. While it's possible that one or more of the CVR Holders might have maintained copies of communications with UMB that UMB itself no longer has, such speculation does not justify the discovery sought from these non-parties; and as further set forth herein. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 11/22/2017) Copies Transmitted By Chambers. (anc)
November 22, 2017 Filing 159 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Status Conference proceeding held on 11/16/2017 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.(jgo)
November 22, 2017 Filing 158 TRANSCRIPT of Proceedings re: Status Conference held on 11/16/2017 before Magistrate Judge Robert W. Lehrburger. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/13/2017. Redacted Transcript Deadline set for 12/26/2017. Release of Transcript Restriction set for 2/20/2018.(jgo)
November 21, 2017 Filing 157 LETTER addressed to Robert W. Lehrburger from Charles A. Gilman dated November 21, 2017 re: 26 subpoenas to non-party entities. Document filed by UMB Bank, N.A., as Trustee.(Gilman, Charles)
November 17, 2017 Filing 156 SEALED DOCUMENT placed in vault.(mps)
November 17, 2017 Filing 155 DECLARATION of Stefania D. Venezia in Opposition re: #134 MOTION for Summary Judgment .. Document filed by Sanofi. (Attachments: #1 Exhibit 1- Jan. 16, 2014 Status of CVR Filing, #2 Exhibit 2- Mar. 4, 2016 Defendants First Set of Interrogatories to Plaintiff [AST], #3 Exhibit 3- Apr. 6, 2016 Plaintiffs [ASTs] Responses and Objections to Defendants First Set of Interrogatories, #4 Exhibit 4- June 24, 2016 Plaintiffs [ASTs] Supplemental Responses and Objections to Defendants First Set of Interrogatories, #5 Exhibit 5- June 30, 2016 Instrument of Appointment and Acceptance, #6 Exhibit 6- Aug. 9, 2016 Defendants First Set of Requests for the Production of Documents to Plaintiff UMB Bank, N.A., #7 Exhibit 7- Aug. 11, 2016 Defendants First Set of Interrogatories to Plaintiff UMB Bank, N.A., #8 Exhibit 8- Sept 15, 2016 Plaintiff UMBs Responses and Objections to Defendants First Set of Requests for the Production of Documents, #9 Exhibit 9- Sept. 15, 2016 Plaintiff UMBs Responses and Objections to Defendants First Set of Interrogatories, #10 Exhibit 10- Nov. 30, 2016 Funding Agreement, #11 Exhibit 11- Dec. 9, 2016 Letter from M. Weiss to J. Neuwirth re: Request #1 Pursuant to Section 4.2(f) and 5.4(b) of the CVR Agreement, #12 Exhibit 12- Dec. 15, 2016 Letter from M. Weiss to J. Neuwirth re: Request #2 Pursuant to Section 4.2(f) and 5.4(b) of the CVR Agreement, #13 Exhibit 13- Feb. 2, 2017 Letter from C. Gilman to J. Amsel re: UMB Bank, N.A. v. Sanofi, No. 15 Civ. 8725 (GBD), #14 Exhibit 14- Feb. 10, 2017 Letter from D. LeCours to S. Venezia re: UMB Bank, N.A. v. Sanofi, No. 15 Civ. 8725 (GBD), #15 Exhibit 15- Mar. 16, 2017 Letter from M. Weiss to S. Venezia re: UMB Bank, N.A. v. Sanofi, No. 15 Civ. 8725 (GBD), #16 Exhibit 16- Apr. 12, 2017 Plaintiffs [UMBs] Supplemental Responses and Objections to Defendants First Set of Interrogatories, #17 Exhibit 17- June 6, 2017 Subpoena to Stonehill Master Fund Limited (Representative Sample))(Venezia, Stefania)
November 17, 2017 Filing 154 COUNTER STATEMENT TO #138 Rule 56.1 Statement. Document filed by Sanofi. (Neuwirth, John)
November 17, 2017 Filing 153 MEMORANDUM OF LAW in Opposition re: #134 MOTION for Summary Judgment . . Document filed by Sanofi. (Neuwirth, John)
November 16, 2017 Opinion or Order Filing 152 THIRD AMENDED DISCOVERY PLAN AND SCHEDULING ORDER: The Court hereby adopts the following stipulated amended discovery plan and scheduling order. Depositions, other than depositions of experts, shall occur on or before June 29, 2018. Fact Discovery due by 6/29/2018. Depositions of all experts shall be completed on or before January 4, 2019. (Depositions due by 1/4/2019.) Motions for summary judgment shall be served on or before February 8, 2019; opposition papers shall be served on or before March 29, 2019; and reply papers shall be served on or before May 3, 2019. Pretrial Order due by 2/15/2019. In the event one or more motions for summary judgment are made, the date for submitting a joint pretrial order shall be 30 days from the issuance of a written decision on the motion(s). A final pre-trial conference will be held at a date and time to be determined by the Court. IT IS SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 11/16/2017) (anc)
November 16, 2017 Opinion or Order Filing 151 ORDER granting in part and denying in part #128 Motion to Compel: Plaintiff's motion to compel production of certain core business documents is granted in part and denied in part as set forth on the record at today's conference. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) (Lehrburger, Robert)
November 16, 2017 Minute entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Status Conference held on 11/16/2017 at 11:00 a.m. Joint Status Report due 45 days from today's conference. (rsh)
November 14, 2017 Filing 150 LETTER addressed to Robert W. Lehrburger from Charles A. Gilman dated November 14, 2017 re: November 16, 2017 conference. Document filed by UMB Bank, N.A., as Trustee.(Gilman, Charles)
November 14, 2017 Filing 149 LETTER addressed to Robert W. Lehrburger from Charles A. Gilman dated November 14, 2017 re: Response to Defendant's November 13, 2017 Letter. Document filed by UMB Bank, N.A., as Trustee.(Gilman, Charles)
November 13, 2017 Filing 148 LETTER addressed to Robert W. Lehrburger from John A. Neuwirth dated November 13, 2017 re: Non-Party Subpoenas. Document filed by Sanofi. (Attachments: #1 Exhibit A - E-Mails)(Neuwirth, John)
November 8, 2017 NOTICE of Hearing: Status Conference set for 11/16/2017 at 11:00 AM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Robert W. Lehrburger. (rsh)
November 6, 2017 Opinion or Order Filing 147 SCHEDULING ORDER: The conference previously scheduled for November 9, 2017, is adjourned to February 1, 2018, at 9:45 a.m. Status Conference set for 2/1/2018 at 09:45 AM before Judge George B. Daniels. (Signed by Judge George B. Daniels on 11/6/2017) (mro)
November 6, 2017 Filing 146 JOINT LETTER addressed to Robert W. Lehrburger from John A. Neuwirth dated November 6, 2017 re: requesting modification of Discovery Plan and Scheduling Order. Document filed by Sanofi. (Attachments: #1 Text of Proposed Order)(Neuwirth, John)
November 6, 2017 Filing 145 JOINT LETTER addressed to Judge George B. Daniels from John A. Neuwirth dated November 6, 2017 re: Adjournment of November 9, 2017 Conference. Document filed by Sanofi.(Neuwirth, John)
November 2, 2017 NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Robert W. Lehrburger, for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Magistrate Judge James C. Francis no longer referred to the case. Motions referred to Magistrate Judge Robert W. Lehrburger. (jc) Modified on 11/7/2017 (kw).
November 2, 2017 NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Robert W. Lehrburger. Please note that this is a reassignment of the designation only. (jc)
October 23, 2017 Opinion or Order Filing 144 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, subject to the Court's approval, by and between the attorneys for the undersigned parties to this action, as follows: The time for Sanofi to respond to the Motion shall be extended from October 20, 2017 to November 17, 2017; and The time for UMB Bank, N.A. to file any reply in further support of its Motion shall be extended from November 24 to December 8, 2017. There has been no previous request for an extension of time in connection with the Motion by either party in the action. (Set Deadlines/Hearing as to #134 MOTION for Summary Judgment: Responses due by 11/17/2017, Replies due by 12/8/2017.) (Signed by Judge George B. Daniels on 10/23/2017) (jwh)
October 16, 2017 Filing 143 SEALED DOCUMENT placed in vault.(mps)
October 16, 2017 Filing 142 DECLARATION of Daniel R. LeCours in Support re: #128 MOTION to Compel the Production of Documents.. Document filed by UMB Bank, N.A., as Trustee. (Attachments: #1 Exhibit A)(Gilman, Charles)
October 16, 2017 Filing 141 REPLY MEMORANDUM OF LAW in Support re: #128 MOTION to Compel the Production of Documents. . Document filed by UMB Bank, N.A., as Trustee. (Gilman, Charles)
October 9, 2017 Filing 140 DECLARATION of Stefania D. Venezia in Opposition re: #128 MOTION to Compel the Production of Documents.. Document filed by Sanofi. (Attachments: #1 Exhibit A - Letter from Trustee's counsel to Sanofi's counsel dated May 15, 2017)(Venezia, Stefania)
October 9, 2017 Filing 139 MEMORANDUM OF LAW in Opposition re: #128 MOTION to Compel the Production of Documents. . Document filed by Sanofi. (Neuwirth, John)
October 6, 2017 Filing 138 RULE 56.1 STATEMENT. Document filed by UMB Bank, N.A., as Trustee. (Gilman, Charles)
October 6, 2017 Filing 137 DECLARATION of Gavin Wilkinson in Support re: #134 MOTION for Summary Judgment .. Document filed by UMB Bank, N.A., as Trustee. (Attachments: #1 Exhibit A - CVR Agreement)(Gilman, Charles)
October 6, 2017 Filing 136 DECLARATION of Brent L. Andrus in Support re: #134 MOTION for Summary Judgment .. Document filed by UMB Bank, N.A., as Trustee. (Attachments: #1 Exhibit A -12/19/16 Letter, #2 Exhibit B - 1/12/17 Letter)(Gilman, Charles)
October 6, 2017 Filing 135 MEMORANDUM OF LAW in Support re: #134 MOTION for Summary Judgment . . Document filed by UMB Bank, N.A., as Trustee. (Gilman, Charles)
October 6, 2017 Filing 134 MOTION for Summary Judgment . Document filed by UMB Bank, N.A., as Trustee.(Gilman, Charles)
October 3, 2017 Opinion or Order Filing 133 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the attorneys for the undersigned parties to this action, as follows: The time for Sanofi to respond to Plaintiffs Motion to Compel the Production of Documents (ECF No. 128) (the "Motion") shall be extended from October 3 to October 9, 2017; and The time for UMB Bank, N.A. to file any reply in support of its Motion shall be extended from October 11 to October 16, 2017. ( Responses due by 10/9/2017, Replies due by 10/16/2017.) (Signed by Magistrate Judge James C. Francis on 10/2/2017) (mro)
September 29, 2017 Filing 132 ANSWER to #125 Amended Complaint,. Document filed by Sanofi.(Neuwirth, John)
September 27, 2017 Filing 131 SEALED DOCUMENT placed in vault.(rz)
September 26, 2017 Filing 130 DECLARATION of Daniel R. Lecours in Support re: #128 MOTION to Compel the Production of Documents.. Document filed by UMB Bank, N.A., as Trustee. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T)(Gilman, Charles)
September 26, 2017 Filing 129 MEMORANDUM OF LAW in Support re: #128 MOTION to Compel the Production of Documents. . Document filed by UMB Bank, N.A., as Trustee. (Gilman, Charles)
September 26, 2017 Filing 128 MOTION to Compel the Production of Documents. Document filed by UMB Bank, N.A., as Trustee.(Gilman, Charles)
September 12, 2017 Opinion or Order Filing 127 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, subject to the Court's approval, by and among the undersigned counsel for the parties in the above-captioned action, that Sanofi's time to answer, move against or otherwise respond to the Second Amended Complaint in the above-captioned action shall be extended from September 12, 2017 to September 29, 2017. There has been no previous request for an extension of time to answer, move or otherwise respond to the Second Amended Complaint by Sanofi. (Sanofi answer due 9/29/2017.) (Signed by Judge George B. Daniels on 9/12/2017) (jwh)
August 29, 2017 Filing 126 LETTER addressed to Magistrate Judge James C. Francis IV from Charles A. Gilman dated August 29, 2017 re: Informing the Court that the Second Amended Complaint has been filed. Document filed by UMB Bank, N.A., as Trustee.(Gilman, Charles)
August 29, 2017 Filing 125 SECOND AMENDED COMPLAINT amending #93 Amended Complaint, against Sanofi with JURY DEMAND.Document filed by UMB Bank, N.A., as Trustee. Related document: #93 Amended Complaint,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Gilman, Charles)
August 23, 2017 Opinion or Order Filing 124 MEMORANDUM AND ORDER: granting in part and denying in part #101 Letter Motion for Leave to File Document. For the reasons stated above, UMB's motion to amend (Docket no. 101) is granted in part and denied in part. The motion to amend to claim "$13.00 per CVR" and "$3.8 billion" in damages is denied. The remainder of the motion is granted. Within seven days of the date of this decision, the plaintiff shall file a Second Amended Complaint that is consistent with this decision, and as further set forth in this order. (Signed by Magistrate Judge James C. Francis on 8/23/2017) Copies Mailed by Chambers. (ap) Modified on 9/26/2017 (ap).
August 10, 2017 Opinion or Order Filing 123 MEMORANDUM AND ORDER denying without prejudice #111 Letter Motion for Conference. For the reasons discussed, the plaintiff's motion to quash and for a protective order (Docket no. 111) is denied without prejudice to renewal after the parties have exhausted efforts to reach an accommodation. The parties and the subpoenaed CVR Holders shall meet and confer regarding the subpoenas no later than a week from the date of this decision. SO ORDERED. (Signed by Magistrate Judge James C. Francis on 8/10/2017) Copies Transmitted this Date By Chambers. (anc) Modified on 8/10/2017 (anc).
August 3, 2017 Filing 122 MEMO ENDORSEMENT on re: #121 Letter filed by UMB Bank, N.A., as Trustee. ENDORSEMENT: The conference is adjourned to November 9, 2017 at 9:45 a.m. (Status Conference set for 11/9/2017 at 09:45 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 8/3/2017) (jwh)
August 2, 2017 Filing 121 LETTER addressed to Judge George B. Daniels from Charles A. Gilman dated August 2, 2017 re: request to adjourn August 10, 2017 conference. Document filed by UMB Bank, N.A., as Trustee.(Gilman, Charles)
July 6, 2017 Filing 120 MEMO ENDORSEMENT on re: #117 Response in Support of Motion filed by Tyndall Partners, LP, Whitebox GT Fund, LP, Elliott International, LP, Whitebox Asymmetric Partners, LP, Halis Family Foundation, Stonehill Master Fund Limited, CSS, LLC, Stonehill Institutional Partners, LP, Chimney Rock Investments, LLC, Whitebox Multi-Strategy Partners, LP, Whitebox Advisors LLC, Lorin Capital Master Fund, LP, PBB Investments I, LLC, Rangeley Capital Partners, LP, Whitebox Institutional Partners, LP, The Liverpool Limited Partnership, Tortus Capital Management, LLC, Foxhill Opportunity Fund, LP, Mason Capital Management LLC, ELS Advisory Corporation, Tyndall Management, LLC, Elliott Management Corporation, Pandora Select Partners, LP. ENDORSEMENT: Application granted. (Signed by Magistrate Judge James C. Francis on 7/6/2017) (cf)
July 5, 2017 Filing 119 NOTICE OF APPEARANCE by Joshua Kallman Bromberg on behalf of Chimney Rock Investments, LLC, Elliott International, LP, Elliott Management Corporation, The Liverpool Limited Partnership. (Bromberg, Joshua)
July 5, 2017 Filing 118 NOTICE OF APPEARANCE by David Parker on behalf of Chimney Rock Investments, LLC, Elliott International, LP, Elliott Management Corporation, The Liverpool Limited Partnership. (Parker, David)
July 5, 2017 Filing 117 LETTER RESPONSE in Support of Motion addressed to Magistrate Judge James C. Francis IV from Steven Paradise and David Parker dated 07/05/2017 re: #111 LETTER MOTION for Conference addressed to Judge George B. Daniels from Charles A. Gilman dated 6/19/2017. . Document filed by CSS, LLC, ELS Advisory Corporation, Elliott International, LP, Elliott Management Corporation, Foxhill Opportunity Fund, LP, Halis Family Foundation, Lorin Capital Master Fund, LP, Mason Capital Management LLC, PBB Investments I, LLC, Pandora Select Partners, LP, Rangeley Capital Partners, LP, Stonehill Institutional Partners, LP, Stonehill Master Fund Limited, The Liverpool Limited Partnership, Tortus Capital Management, LLC, Tyndall Management, LLC, Tyndall Partners, LP, Whitebox Advisors LLC, Whitebox Asymmetric Partners, LP, Whitebox GT Fund, LP, Whitebox Institutional Partners, LP, Whitebox Multi-Strategy Partners, LP, Chimney Rock Investments, LLC. (Paradise, Steven)
July 5, 2017 Filing 116 NOTICE OF APPEARANCE by Steven Robert Paradise on behalf of CSS, LLC, Elliott International, LP, Elliott Management Corporation, ELS Advisory Corporation, Foxhill Opportunity Fund, LP, Halis Family Foundation, Lorin Capital Master Fund, LP, Mason Capital Management LLC, Pandora Select Partners, LP, PBB Investments I, LLC, Rangeley Capital Partners, LP, Stonehill Institutional Partners, LP, Stonehill Master Fund Limited, The Liverpool Limited Partnership, Tortus Capital Management, LLC, Tyndall Management, LLC, Tyndall Partners, LP, Whitebox Advisors LLC, Whitebox Asymmetric Partners, LP, Whitebox GT Fund, LP, Whitebox Institutional Partners, LP, Whitebox Multi-Strategy Partners, LP. (Paradise, Steven)
July 5, 2017 Filing 115 LETTER REPLY to Response to Motion addressed to Magistrate Judge James C. Francis IV from Charles A. Gilman dated July 5, 2017 re: #111 LETTER MOTION for Conference addressed to Judge George B. Daniels from Charles A. Gilman dated 6/19/2017. . Document filed by UMB Bank, N.A., as Trustee. (Gilman, Charles)
June 30, 2017 Filing 114 SEALED DOCUMENT placed in vault.(mps)
June 30, 2017 Filing 113 LETTER RESPONSE to Motion addressed to Magistrate Judge James C. Francis IV from John A. Neuwirth dated June 30, 2017 re: #111 LETTER MOTION for Conference addressed to Judge George B. Daniels from Charles A. Gilman dated 6/19/2017. . Document filed by Sanofi. (Attachments: #1 Exhibit A - Correspondence dated June 16, 2017, #2 Exhibit B - Correspondence dated June 8, 2017)(Neuwirth, John)
June 20, 2017 Opinion or Order Filing 112 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge James C. Francis. Motions referred to James C. Francis, Specific Non-Dispositive Motion/Dispute ECF No. 111. (Signed by Judge George B. Daniels on 6/20/2017) (anc)
June 19, 2017 Filing 111 LETTER MOTION for Conference addressed to Judge George B. Daniels from Charles A. Gilman dated 6/19/2017. Document filed by UMB Bank, N.A., as Trustee. (Attachments: #1 Exhibit A - Excerpts of Document Requests, #2 Exhibit B - Memo Endorsement of 9/16/2014, #3 Exhibit C - Home Equity Mortgage Trust Series 2006-5 v. DLJ Mortgage Capital, Inc. Decision, #4 Exhibit D - Memo Endorsement 6/24/2013)(Gilman, Charles)
May 10, 2017 Opinion or Order Filing 110 ENDORSED LETTER addressed to Judge George B. Daniels from Charles A. Gilman dated 5/5/2017 re: The parties respectfully request the Court's direction as to topics it may wish to address at the May 18, 2017 conference, or whether, in the alternative, the Court wishes to postpone or cancel this conference. ENDORSEMENT: The conference is adjourned to August 10, 2017 at 9:45 a.m. So Ordered., ( Status Conference set for 8/10/2017 at 09:45 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 5/9/2017) Copies Sent By Chambers Via email. (js)
April 17, 2017 Opinion or Order Filing 109 SECOND AMENDED DISCOVERY PLAN AND SCHEDULING ORDER: Motions due by 8/31/2018. Responses due by 10/12/2018 Replies due by 11/16/2018. Depositions due by 1/19/2018. Expert Deposition due by 7/20/2018. Fact Discovery due by 1/19/2018. Pretrial Order due by 8/31/2018. (Signed by Judge George B. Daniels on 4/17/2017) (jwh)
April 13, 2017 Filing 108 JOINT LETTER addressed to Judge George B. Daniels from Charles A. Gilman dated April13, 2017 re: to request a modification of the Discovery Plan and Scheduling Order. Document filed by UMB Bank, N.A., as Trustee. (Attachments: #1 Text of Proposed Order Proposed Second Amended Discovery Plan and Scheduling Order)(Gilman, Charles)
April 3, 2017 Filing 107 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CORRECTED CONFERENCE proceeding held on 3/16/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
April 3, 2017 Filing 106 TRANSCRIPT of Proceedings re: CONFERENCE CORRECTED held on 3/16/2017 before Judge George B. Daniels. Court Reporter/Transcriber: Jennifer Thun, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/24/2017. Redacted Transcript Deadline set for 5/4/2017. Release of Transcript Restriction set for 7/3/2017.(McGuirk, Kelly)
April 3, 2017 Filing 105 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/16/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
April 3, 2017 Filing 104 TRANSCRIPT of Proceedings re: CONFERENCE held on 3/16/2017 before Judge George B. Daniels. Court Reporter/Transcriber: Jennifer Thun, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/24/2017. Redacted Transcript Deadline set for 5/4/2017. Release of Transcript Restriction set for 7/3/2017.(McGuirk, Kelly)
April 3, 2017 Filing 103 LETTER addressed to Judge George B. Daniels from Charles A. Gilman dated April 3, 2017 re: Reply to Letter Response to Letter Motion for Leave to File Second Amended Complaint. Document filed by UMB Bank, N.A., as Trustee.(Gilman, Charles)
March 31, 2017 Filing 102 LETTER RESPONSE to Motion addressed to Judge George B. Daniels from John A. Neuwirth dated March 31, 2017 re: #101 LETTER MOTION for Leave to File Second Amended Complaint addressed to Judge George B. Daniels from Charles A. Gilman dated March 24, 2017. . Document filed by Sanofi. (Attachments: #1 Exhibit A - March 23, 2017 E-Mail)(Neuwirth, John)
March 24, 2017 Filing 101 LETTER MOTION for Leave to File Second Amended Complaint addressed to Judge George B. Daniels from Charles A. Gilman dated March 24, 2017. Document filed by UMB Bank, N.A., as Trustee. (Attachments: #1 Exhibit A - Second Amended Complaint with Exhibits, #2 Exhibit B - Redline vs First Amended Complaint)(Gilman, Charles)
March 16, 2017 Minute Entry for proceedings held before Judge George B. Daniels: Interim Pretrial Conference held on 3/16/2017. Plaintiff Counsel: Brent Lloyd Andrus, Charles Alan Gilman, Daniel Robert Lecours, Michael Brenner WeissDefense Counsel: John A. Neuwirth, Joshua Sanders Amsel, Stefania Di Trolio Venezia and Court Reporter present. The subsequent conference is scheduled for May 18, 2017 at 9:45 a.m. (Vega, Elizabeth)
March 14, 2017 Filing 100 LETTER addressed to Judge George B. Daniels from John A. Neuwirth dated March 14, 2017 re: March 16, 2017 Conference. Document filed by Sanofi.(Neuwirth, John)
March 10, 2017 Opinion or Order Filing 99 ORDER granting #98 Letter Motion to Adjourn Conference to March 16, 2017: SO ORDERED. (Signed by Judge George B. Daniels on 3/10/2017) (jwh)
March 9, 2017 Filing 98 LETTER MOTION for Conference addressed to Judge George B. Daniels from John A. Neuwirth dated March 9, 2017. Document filed by Sanofi.(Neuwirth, John)
March 9, 2017 Filing 97 LETTER MOTION for Conference addressed to Judge George B. Daniels from John A. Neuwirth dated March 9, 2017. Document filed by Sanofi.(Neuwirth, John)
March 9, 2017 Opinion or Order Filing 96 ORDER. A conference is scheduled for March 30, 2017 at 9:45 AM. The Clerk of Court is directed to close the letter motion at ECF No 95. So ordered. Granting #95 LETTER MOTION for Conference addressed to Judge George B. Daniels from Charles A. Gilman dated March 9, 2017. Document filed by UMB Bank, N.A., as Trustee. (Conference set for 3/30/2017 at 09:45 AM before Judge George B. Daniels). (Signed by Judge George B. Daniels on 3/9/2017) (rjm)
March 9, 2017 Filing 95 LETTER MOTION for Conference addressed to Judge George B. Daniels from Charles A. Gilman dated March 9, 2017. Document filed by UMB Bank, N.A., as Trustee.(Gilman, Charles)
March 3, 2017 Filing 94 ANSWER to #93 Amended Complaint,. Document filed by Sanofi.(Neuwirth, John)
February 1, 2017 Filing 93 FIRST AMENDED COMPLAINT amending #5 Complaint against Sanofi with JURY DEMAND.Document filed by UMB Bank, N.A., as Trustee. Related document: #5 Complaint filed by American Stock Transfer & Trust Company LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Gilman, Charles)
February 1, 2017 Opinion or Order Filing 92 STIPULATION AND "ORDER REGARDING FILING OF AND RESPONDING TO FIRST AMENDED COMPLAINT PURSUANT TO F.R.C.P. 15(a)(2)-(3): IT IS THEREFORE STIPULATED AND AGREED AS FOLLOWS: That, pursuant to Federal Rule of Civil Procedure 15(a)(2), the Trustee's First Amended Complaint shall now be1 in addition to the Supplemental Complaint, the operative pleading in the above-captioned litigation; and That pursuant to Federal Rule of Civil Procedure 15(a)(3), Sanofi shall have 30 days from service of the First Amended Complaint in which to answer or otherwise respond to the First Amended Complaint. (As further set forth in this Order.) (Signed by Judge George B. Daniels on 2/1/2017) (cf)
January 11, 2017 Filing 91 MANDATE of USCA (Certified Copy) as to #81 Notice of Interlocutory Appeal, filed by UMB Bank, N.A., as Trustee. USCA Case Number 16-3439. Appellee moves to dismiss this appeal for lack of jurisdiction, and Appellant moves to expedite the appeal. Upon due consideration, it is hereby ORDERED that Appellees motion is GRANTED and the appeal is DISMISSED. We conclude that a final order has not been issued by the district court as contemplated by 28 U.S.C. 1291, that the collateral order doctrine does not apply to this appeal, and that the district courts order was not functionally the denial of a preliminary injunction under 28 U.S.C. 1292(a)(1). See Coopers & Lybrand v. Livesay, 437 U.S. 463, 467-69 (1978); Hastings v. Maine-Endwell Cent. Sch. Dist., N.Y., 676 F.2d 893, 896 (2d Cir. 1982). It is further ordered that Appellants motion is DENIED as moot.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 01/11/2017. (nd)
December 8, 2016 Opinion or Order Filing 90 STIPULATION AND ORDER SUBSTITUTING COUNSEL: The undersigned hereby stipulate and consent to the substitution in the above-captioned action of the law firm of Cahill Gordon & Reindel LLP, by and through its attorneys Charles Alan Gilman, Daniel Robert Lecours, and Michael Brenner Weiss, as attorneys of record for Plaintiff UMB Bank N.A., as Trustee, in place of the law firm of Milbank, Tweed, Hadley & McCloy LLP, by and through its attorneys, Stacey J. Rappaport, Rachel Penski Fissell, Alison Bonelli, and Mario Lucero. SO ORDERED. Attorney Mario Lucero; Stacey Jill Rappaport; Alison Bonelli and Rachel Penski Fissell terminated. (Signed by Judge George B. Daniels on 12/8/2016) (kl)
December 6, 2016 Filing 89 NOTICE OF APPEARANCE by Brent Lloyd Andrus on behalf of UMB Bank, N.A., as Trustee. (Andrus, Brent)
December 5, 2016 Filing 88 NOTICE of Substitution of Attorney. Old Attorney: Stacey Rappaport, New Attorney: Charles A. Gilman, Address: Cahill Gordon & Reindel LLP, 80 Pine Street, New York, New York,. Document filed by UMB Bank, N.A., as Trustee. (Gilman, Charles)
December 1, 2016 Filing 87 NOTICE OF APPEARANCE by Michael Brenner Weiss on behalf of UMB Bank, N.A., as Trustee. (Weiss, Michael)
December 1, 2016 Filing 86 NOTICE OF APPEARANCE by Daniel Robert Lecours on behalf of UMB Bank, N.A., as Trustee. (Lecours, Daniel)
December 1, 2016 Filing 85 NOTICE OF APPEARANCE by Charles Alan Gilman on behalf of UMB Bank, N.A., as Trustee. (Gilman, Charles)
October 24, 2016 Opinion or Order Filing 84 AMENDED DISCOVERY PLAN AND SCHEDULING ORDER: Amended Pleadings due by 1/17/2017. Joinder of Parties due by 1/17/2017. Deposition due by 2/2/2018. Fact Discovery due by 8/11/2017. Pretrial Order due by 3/16/2018, and as further specified and set forth inthis Amended Discovery Plan and Scheduling Order. (Signed by Judge George B. Daniels on 10/24/2016) (rjm)
October 21, 2016 Filing 83 JOINT LETTER addressed to Judge George B. Daniels from John A. Neuwirth dated October 21, 2016 re: to request a modification of the Discovery Plan and Scheduling Order. Document filed by Sanofi. (Attachments: #1 Text of Proposed Order Proposed Amended Discovery Plan and Scheduling Order)(Neuwirth, John)
October 7, 2016 Filing 82 ANSWER to #5 Complaint. Document filed by Sanofi.(Neuwirth, John)
October 7, 2016 Filing 81 NOTICE OF INTERLOCUTORY APPEAL from #76 Order on Motion for Partial Summary Judgment, Order on Motion to Dismiss,,,,. Document filed by UMB Bank, N.A., as Trustee. Filing fee $ 505.00, receipt number 0208-12846232. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Lavinbuk, Ariel)
October 7, 2016 Filing 80 NOTICE OF APPEARANCE by Ariel Lavinbuk on behalf of UMB Bank, N.A., as Trustee. (Lavinbuk, Ariel)
October 7, 2016 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #81 Notice of Interlocutory Appeal, filed by UMB Bank, N.A., as Trustee were transmitted to the U.S. Court of Appeals. (tp)
October 7, 2016 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #81 Notice of Interlocutory Appeal. (tp)
September 21, 2016 Opinion or Order Filing 79 ADDENDUM TO THE STIPULATION AND ORDER FOR THE PRODUCTION AND USE OF CONFIDENTIAL INFORMATION: IT IS HEREBY STIPULATED AND AGREED, by and between AST, as predecessor Trustee, Plaintiff UMB, solely in its capacity as Trustee, and Defendant Sanofi, through their undersigned counsel, and subject to the Court's approval, that: Plaintiff UMB, solely in its capacity as Trustee, agrees to be bound by the provisions of the Confidentiality Order. Plaintiff UMB, solely in its capacity as Trustee, is hereby substituted for and replaces AST in all respects under the Confidentiality Order. Pursuant to paragraph 13.1 of the Confidentiality Order, Non-Party AST hereby notifies Plaintiff UMB, solely in its capacity as Trustee, and Defendant Sanofi that it intends to be bound by the provisions of the Confidentiality Order as a non-party and any Discovery Material (as defined in the Confidentiality Order) that it provides or has received shall be subject to the Confidentiality Order. Any Discovery Material produced by AST in this Action prior to the date of this Addendum remains subject to the protections of the Confidentiality Order. SO ORDERED. (Signed by Judge George B. Daniels on 9/21/2016) (ama)
September 15, 2016 Filing 78 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 8/17/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
September 15, 2016 Filing 77 TRANSCRIPT of Proceedings re: conference held on 8/17/2016 before Judge George B. Daniels. Court Reporter/Transcriber: Kelly Surina, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/11/2016. Redacted Transcript Deadline set for 10/20/2016. Release of Transcript Restriction set for 12/19/2016.(McGuirk, Kelly)
September 8, 2016 Opinion or Order Filing 76 MEMORANDUM DECISION AND ORDER: denying #60 Motion for Partial Summary Judgment; granting #19 Motion to Dismiss. Defendant's motion to dismiss Count II, the breach of contract claim based upon missing PSM #1, is DENIED. Defendant's motion to dismiss Count III is GRANTED. Plaintiff's claim for breach of the covenant of good faith and fair dealing is dismissed as duplicative of its breach of contract claims. Plaintiff's motion for summary judgment seeking immediate payment of attorney's fees and other expenses is DENIED with prejudice. The Clerk of Court is directed to close the motions at ECF Nos. 19 and 60. SO ORDERED. (Signed by Judge George B. Daniels on 9/08/2016) (ama)
August 17, 2016 Minute Entry for proceedings held before Judge George B. Daniels: Oral Argument held on 8/17/2016 re: #60 MOTION for Partial Summary Judgment . filed by UMB Bank, N.A., as Trustee, #19 MOTION to Dismiss Counts II and III of the Complaint. filed by Sanofi. Plaintiff Counsel: Stacey Jill Rappaport; Mario Lucero; Rachel Penski FissellDefense Counsel: John A. Neuwirth; Joshua Sanders Amsel; Stefania Di Trolio Venezia and Court Reporter present. (Vega, Elizabeth)
August 15, 2016 Filing 75 COUNTER STATEMENT TO #62 Rule 56.1 Statement. Document filed by UMB Bank, N.A., as Trustee. (Rappaport, Stacey)
August 15, 2016 Filing 74 REPLY MEMORANDUM OF LAW in Support re: #60 MOTION for Partial Summary Judgment . . Document filed by UMB Bank, N.A., as Trustee. (Rappaport, Stacey)
August 15, 2016 Filing 73 NOTICE OF APPEARANCE by Alison Bonelli on behalf of UMB Bank, N.A., as Trustee. (Bonelli, Alison)
August 15, 2016 Filing 72 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent UMB Financial Corporation for UMB Bank, N.A., as Trustee. Document filed by UMB Bank, N.A., as Trustee.(Rappaport, Stacey)
August 5, 2016 Filing 71 DECLARATION of Stefania D. Venezia in Opposition re: #60 MOTION for Partial Summary Judgment .. Document filed by Sanofi. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Venezia, Stefania)
August 5, 2016 Filing 70 COUNTER STATEMENT TO #62 Rule 56.1 Statement. Document filed by Sanofi. (Neuwirth, John)
August 5, 2016 Filing 69 MEMORANDUM OF LAW in Opposition re: #60 MOTION for Partial Summary Judgment . . Document filed by Sanofi. (Neuwirth, John)
July 21, 2016 Filing 68 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 6/29/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Siwik, Christine)
July 21, 2016 Filing 67 TRANSCRIPT of Proceedings re: Conference held on 6/29/2016 before Judge George B. Daniels. Court Reporter/Transcriber: Paula Speer, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/15/2016. Redacted Transcript Deadline set for 8/25/2016. Release of Transcript Restriction set for 10/24/2016.(Siwik, Christine)
July 19, 2016 Opinion or Order Filing 66 ORDER granting #56 Motion to Substitute Party. Plaintiff's unopposed motion to substitute UMB Bank, N.A., as Trustee, for Plaintiff American Stock Transfer & Trust Company, LLC is GRANTED. The Clerk of Court is directed to change the caption on this action to reflect the above substitution and close the motion at ECF No. 56. American Stock Transfer & Trust Company LLC (as Trustee) terminated. (Signed by Judge George B. Daniels on 7/19/2016) (cf)
July 18, 2016 Filing 65 LETTER addressed to Judge George B. Daniels from John A. Neuwirth dated July 18, 2016 re: Letter in Further Support of Motion to Dismiss. Document filed by Sanofi.(Neuwirth, John)
July 15, 2016 Filing 64 ANSWER to #52 Complaint. Document filed by Sanofi.(Neuwirth, John)
July 15, 2016 Filing 63 DECLARATION of Stacey J. Rappaport in Support re: #60 MOTION for Partial Summary Judgment .. Document filed by UMB Bank, N.A., as Trustee. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N)(Rappaport, Stacey)
July 15, 2016 Filing 62 RULE 56.1 STATEMENT. Document filed by UMB Bank, N.A., as Trustee. (Rappaport, Stacey)
July 15, 2016 Filing 61 MEMORANDUM OF LAW in Support re: #60 MOTION for Partial Summary Judgment . . Document filed by UMB Bank, N.A., as Trustee. (Rappaport, Stacey)
July 15, 2016 Filing 60 MOTION for Partial Summary Judgment . Document filed by UMB Bank, N.A., as Trustee.(Rappaport, Stacey)
July 8, 2016 Filing 59 LETTER addressed to Judge George B. Daniels from Stacey J. Rappaport dated 7/8/2016 re: Opposition to Motion to Dismiss Count II. Document filed by UMB Bank, N.A., as Trustee. (Attachments: #1 Exhibit A)(Rappaport, Stacey)
July 8, 2016 Filing 58 DECLARATION of Stacey J. Rappaport in Support re: #56 MOTION to Substitute Party. Old Party: American Stock Transfer & Trust Company LLC, as Trustee, New Party: UMB Bank, N.A., as Trustee .. Document filed by UMB Bank, N.A., as Trustee. (Attachments: #1 Exhibit 1)(Rappaport, Stacey)
July 8, 2016 Filing 57 MEMORANDUM OF LAW in Support re: #56 MOTION to Substitute Party. Old Party: American Stock Transfer & Trust Company LLC, as Trustee, New Party: UMB Bank, N.A., as Trustee . . Document filed by UMB Bank, N.A., as Trustee. (Rappaport, Stacey)
July 8, 2016 Filing 56 MOTION to Substitute Party. Old Party: American Stock Transfer & Trust Company LLC, as Trustee, New Party: UMB Bank, N.A., as Trustee . Document filed by UMB Bank, N.A., as Trustee.(Rappaport, Stacey)
July 6, 2016 Filing 55 LETTER addressed to Judge George B. Daniels from John A. Neuwirth dated July 6, 2016 re: Status update. Document filed by Sanofi.(Neuwirth, John)
July 5, 2016 Filing 54 LETTER addressed to Judge George B. Daniels from Stacey J. Rappaport dated 7/5/2016 re: Status Update. Document filed by UMB Bank, N.A., as Trustee. (Attachments: #1 Exhibit A)(Rappaport, Stacey)
July 5, 2016 Filing 53 LETTER addressed to Judge George B. Daniels from John A. Neuwirth dated July 5, 2016 re: Status Update. Document filed by Sanofi. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Neuwirth, John)
June 29, 2016 Minute Entry for proceedings held before Judge George B. Daniels: Interim Pretrial Conference held on 6/29/2016. Plaintiff Counsel: Stacey Jill Rappaport; Mario Lucero; Rachel Penski FissellDefense Counsel: John A. Neuwirth; Joshua Sanders Amsel; Stefania Di Trolio Venezia and Court Reporter present. The oral argument is scheduled for August 17, 2016 at 10:30 a.m. (Vega, Elizabeth)
June 17, 2016 Filing 52 SUPPLEMENTAL COMPLAINT against Sanofi. Document filed by American Stock Transfer & Trust Company LLC. (Attachments: #1 Exhibit A)(Rappaport, Stacey) Modified on 6/17/2016 (dgo).
June 16, 2016 Filing 51 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - - SUPPLEMENTAL AMENDED COMPLAINT amending #5 Complaint against Sanofi.Document filed by American Stock Transfer & Trust Company LLC. Related document: #5 Complaint filed by American Stock Transfer & Trust Company LLC. (Attachments: #1 Exhibit A)(Rappaport, Stacey) Modified on 6/17/2016 (laq). Modified on 6/17/2016 (laq).
June 16, 2016 Opinion or Order Filing 50 ORDER granting in part and denying in part #39 Letter Motion for Leave to File Supplemental Complaint and a Speedy Hearing Pursuant to FRCP 57; denying #47 Letter Motion to Stay. Plaintiff's motion to file a supplemental complaint seeking declaratory judgment with regard to payment of the fees, expenses, and disbursements of its outside counsel in connection with this action is GRANTED. Plaintiff's further request for a "Speedy Hearing" on its claim for declaratory relief in its proposed supplemental complaint pursuant to Federal Rule of Civil Procedure 57 is DENIED. Defendant's cross-motion to stay all proceedings pending the appointment of a new trustee is DENIED. The Clerk of Court is directed to close the motions at ECF Nos. 39 and 47. (Signed by Judge George B. Daniels on 6/16/2016) (kko)
June 13, 2016 Filing 49 DECLARATION of Stefania D. Venezia in Opposition re: #39 MOTION for Leave to File Supplemental Complaint and a Speedy Hearing Pursuant to FRCP 57.. Document filed by Sanofi. (Attachments: #1 Exhibit 1)(Venezia, Stefania)
June 13, 2016 Filing 48 MEMORANDUM OF LAW in Opposition re: #39 MOTION for Leave to File Supplemental Complaint and a Speedy Hearing Pursuant to FRCP 57. and in Support of Defendant's Cross-Motion to Stay All Proceedings #47 .. Document filed by Sanofi. (Neuwirth, John)
June 13, 2016 Filing 47 CROSS MOTION to Stay All Proceedings. Document filed by Sanofi.(Neuwirth, John)
June 9, 2016 Opinion or Order Filing 46 ORDER: The parties shall next appear before this Court on June 29, 2016 at 9:30 a.m. for a status conference. SO ORDERED. ( Status Conference set for 6/29/2016 at 09:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 6/09/2016) (ama)
May 31, 2016 Filing 45 LETTER addressed to Judge George B. Daniels from Stacey J. Rappaport dated May 31, 2016 re: in response to Defendant's May 31, 2016 letter. Document filed by American Stock Transfer & Trust Company LLC.(Rappaport, Stacey)
May 31, 2016 Filing 44 LETTER addressed to Judge George B. Daniels from John A. Neuwirth dated May 31, 2016 re: in response to Plaintiff's May 31, 2016 letter. Document filed by Sanofi.(Neuwirth, John)
May 31, 2016 Filing 43 LETTER addressed to Judge George B. Daniels from Stacey J. Rappaport dated May 31, 2016 re: Expedited Briefing. Document filed by American Stock Transfer & Trust Company LLC.(Rappaport, Stacey)
May 27, 2016 Filing 42 LETTER addressed to Judge George B. Daniels from John A. Neuwirth dated May 27, 2016 re: in response to Plaintiff's May 26, 2016 letter regarding expedited briefing schedule. Document filed by Sanofi.(Neuwirth, John)
May 26, 2016 Filing 41 LETTER addressed to Judge George B. Daniels from Stacey J. Rappaport dated 05/26/2016 re: Expedited Briefing. Document filed by American Stock Transfer & Trust Company LLC.(Rappaport, Stacey)
May 26, 2016 Filing 40 MEMORANDUM OF LAW in Support re: #39 MOTION for Leave to File Supplemental Complaint and a Speedy Hearing Pursuant to FRCP 57. . Document filed by American Stock Transfer & Trust Company LLC. (Attachments: #1 Exhibit A)(Rappaport, Stacey)
May 26, 2016 Filing 39 MOTION for Leave to File Supplemental Complaint and a Speedy Hearing Pursuant to FRCP 57. Document filed by American Stock Transfer & Trust Company LLC.(Rappaport, Stacey)
May 19, 2016 Opinion or Order Filing 38 STIPULATION AND ORDER FOR THE PRODUCTION AND USE OF CONFIDENTIAL INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material...(As further forth in this Order.) (Signed by Judge George B. Daniels on 5/19/2016) (cf)
April 22, 2016 Opinion or Order Filing 37 ORDER terminating #32 Letter Motion for Local Rule 37.2 Conference. Discovery related to Counts II and III of the Complaint is hereby stayed until June 8, 2016. The Clerk of Court is ordered to close the motion at ECF No. 32. (Signed by Judge George B. Daniels on 4/22/2016) (mro)
April 18, 2016 Filing 36 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 1/27/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
April 18, 2016 Filing 35 TRANSCRIPT of Proceedings re: conference held on 1/27/2016 before Judge George B. Daniels. Court Reporter/Transcriber: Raquel Robles, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/12/2016. Redacted Transcript Deadline set for 5/23/2016. Release of Transcript Restriction set for 7/21/2016.(McGuirk, Kelly)
April 18, 2016 Filing 34 LETTER REPLY to Response to Motion addressed to Judge George B. Daniels from John A. Neuwirth dated April 18, 2016 re: #32 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge George B. Daniels from John A. Neuwirth dated April 6, 2016. . Document filed by Sanofi. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Neuwirth, John)
April 13, 2016 Filing 33 LETTER RESPONSE to Motion addressed to Judge George B. Daniels from Stacey J. Rappaport dated 4/13/2016 re: #32 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge George B. Daniels from John A. Neuwirth dated April 6, 2016. . Document filed by American Stock Transfer & Trust Company LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Rappaport, Stacey)
April 6, 2016 Filing 32 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge George B. Daniels from John A. Neuwirth dated April 6, 2016. Document filed by Sanofi.(Neuwirth, John)
April 1, 2016 Filing 31 REPLY MEMORANDUM OF LAW in Support re: #19 MOTION to Dismiss Counts II and III of the Complaint. . Document filed by Sanofi. (Neuwirth, John)
March 22, 2016 Opinion or Order Filing 30 ORDER: The parties' next appearance before this Court is on June 8, 2016 at 11:00 a.m. for oral argument on Defendant's Motion to Dismiss., ( Oral Argument set for 6/8/2016 at 11:00 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 3/22/2016) (lmb)
March 22, 2016 Filing 29 LETTER addressed to Judge George B. Daniels from John A. Neuwirth dated March 22, 2016 re: reschedule oral argument on motion to dismiss. Document filed by Sanofi.(Neuwirth, John)
March 16, 2016 Opinion or Order Filing 28 ORDER. All counsel in the above-captioned case are directed to appear before this Court on May 4, 2016 at 11 :00 a.m. for oral argument on the Motion to Dismiss Counts II and III of the Complaint. SO ORDERED. (Oral Argument set for 5/4/2016 at 11:00 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 3/16/2016) (adc)
March 11, 2016 Filing 27 DECLARATION of Stacey J. Rappaport in Opposition re: #19 MOTION to Dismiss Counts II and III of the Complaint.. Document filed by American Stock Transfer & Trust Company LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Rappaport, Stacey)
March 11, 2016 Filing 26 MEMORANDUM OF LAW in Opposition re: #19 MOTION to Dismiss Counts II and III of the Complaint. . Document filed by American Stock Transfer & Trust Company LLC. (Rappaport, Stacey)
February 22, 2016 Filing 25 NOTICE OF APPEARANCE by Mario Lucero on behalf of American Stock Transfer & Trust Company LLC. (Lucero, Mario)
February 16, 2016 Opinion or Order Filing 24 STIPULATION AND ORDER SETTING BRIEFING SCHEDULE: NOW, THEREFORE, it is now hereby STIPULATED AND AGREED by and between the undersigned counsel for the respective parties, and, upon approval of the Court shall be deemed ORDERED that: 1. The deadline for Plaintiff to file its Opposition to Defendant's Motion to Dismiss shall be extended from February 16, 2016 to March 11, 2016. 2. The deadline for Defendant to file its Reply in Further Support of Its Motion to Dismiss shall be extended from February 26, 2016 to April 1, 2016. (As further set forth in this Order.) ( Responses due by 3/11/2016, Replies due by 4/1/2016.) (Signed by Judge George B. Daniels on 2/16/2016) (cf)
February 16, 2016 Filing 23 CERTIFICATE OF SERVICE of Summons and Complaint with Exhibits served on Secretary of State of New York on 11/12/2015. Service was accepted by Sue Zouky. Document filed by American Stock Transfer & Trust Company LLC. (Rappaport, Stacey)
February 16, 2016 Filing 22 AFFIDAVIT OF SERVICE of Summons and Complaint. Sanofi served on 11/12/2015, answer due 1/29/2016. Service was made by Mail. Document filed by American Stock Transfer & Trust Company LLC. (Rappaport, Stacey)
January 29, 2016 Filing 21 DECLARATION of Joshua S. Amsel in Support re: #19 MOTION to Dismiss Counts II and III of the Complaint.. Document filed by Sanofi. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24)(Amsel, Joshua)
January 29, 2016 Filing 20 MEMORANDUM OF LAW in Support re: #19 MOTION to Dismiss Counts II and III of the Complaint. . Document filed by Sanofi. (Neuwirth, John)
January 29, 2016 Filing 19 MOTION to Dismiss Counts II and III of the Complaint. Document filed by Sanofi.(Neuwirth, John)
January 27, 2016 Minute Entry for proceedings held before Judge George B. Daniels: Initial Pretrial Conference held on 1/27/2016. Plaintiff Counsel: Stacey Jill Rappaport, Rachel Penski Fissell; Defense Counsel: John A. Neuwirth, Joshua Sanders Amsel and Court Reporter present. The subsequent conference is scheduled for April 13, 2016 at 9:45 a.m. (Vega, Elizabeth)
January 22, 2016 Opinion or Order Filing 18 DISCOVERY PLAN AND SCHEDULING ORDER. WHEREAS, on January 27, 2016, Plaintiff and Defendant will participate in an initial conference to discuss the discovery plan and schedule for the lawsuit. Joinder of Parties due by 8/12/2016. Amended Pleadings due by 8/12/2016. Fact Discovery due by 2/17/2017. Deposition due by 8/4/2017. Expert Discovery due by 8/4/2017. Defendant must file an answer, move against, or otherwise respond to the Complaint on or before January 29, 2016. Joint Pretrial Order due by 9/15/2017. (As further set forth in this Order.) (Signed by Judge George B. Daniels on 1/22/2016) (adc)
January 21, 2016 Filing 17 NOTICE OF APPEARANCE by Rachel Penski Fissell on behalf of American Stock Transfer & Trust Company LLC. (Fissell, Rachel)
January 20, 2016 Filing 16 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by American Stock Transfer & Trust Company LLC.(Rappaport, Stacey)
December 7, 2015 Filing 15 LETTER addressed to Judge George B. Daniels from John A. Neuwirth dated December 7, 2015 re: Relatedness. Document filed by Sanofi.(Neuwirth, John)
December 3, 2015 Filing 14 LETTER addressed to Judge George B. Daniels from Stacey J Rappaport dated 12/3/2015 re: Relatedness. Document filed by American Stock Transfer & Trust Company LLC.(Rappaport, Stacey)
December 1, 2015 Opinion or Order Filing 13 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, subject to the Court's approval, by and among the undersigned counsel for the parties in the above-captioned action, that Defendant's time to answer, move against or otherwise respond to the complaint in the above-captioned action shall be extended from December 9, 2015 to January 29, 2016. There has been no previous request for an extension of time by Defendant Sanofi. So Ordered. Sanofi answer due 1/29/2016. (Signed by Judge George B. Daniels on 12/1/2015) (kl)
November 30, 2015 Filing 12 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Sanofi.(Neuwirth, John)
November 30, 2015 Filing 11 NOTICE OF APPEARANCE by Stefania Di Trolio Venezia on behalf of Sanofi. (Venezia, Stefania)
November 30, 2015 Filing 10 NOTICE OF APPEARANCE by Joshua Sanders Amsel on behalf of Sanofi. (Amsel, Joshua)
November 30, 2015 Filing 9 NOTICE OF APPEARANCE by John A. Neuwirth on behalf of Sanofi. (Neuwirth, John)
November 30, 2015 Filing 8 LETTER addressed to Judge George B. Daniels from John A. Neuwirth dated November 30, 2015 re: Relatedness. Document filed by Sanofi.(Neuwirth, John)
November 12, 2015 Opinion or Order Filing 7 INITIAL PRETRIAL CONFERENCE: An Initial pretrial conference will be held on Tuesday, January 27, 2016 at 9:30 a.m. at the United States District Courthouse, 500 Pearl Street, New York, New York, Courtroom 11A. (As further set forth in this Order) Initial Conference set for 1/27/2016 at 09:30 AM in Courtroom 11A, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels. (Signed by Judge George B. Daniels on 11/12/2015) (kl)
November 10, 2015 Filing 6 ELECTRONIC SUMMONS ISSUED as to Sanofi. (pc)
November 10, 2015 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge George B. Daniels. 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. (pc)
November 10, 2015 Magistrate Judge James C. Francis IV is so designated. (pc)
November 10, 2015 ***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Stacey Jill Rappaport. The following case opening statistical information was erroneously selected/entered: Citizenship Plaintiff code 4 (Incorporated/Principal Place of Business-This State); Dollar Demand $236,421,000; Fee Status code due (due). The following correction(s) have been made to your case entry: the Citizenship Plaintiff code has been modified to 2 (Citizen of Another State); the Dollar Demand has been modified to $236,000,000; the Fee Status code has been modified to pd (paid). (pc)
November 10, 2015 Case Designated ECF. (pc)
November 9, 2015 Filing 5 COMPLAINT against Sanofi. Document filed by American Stock Transfer & Trust Company LLC. (Attachments: #1 Exhibit A - CVR Agreement, #2 Exhibit B - Advisory Committee Transcript, #3 Exhibit C - Briefing Materials)(Rappaport, Stacey)
November 9, 2015 Filing 4 CIVIL COVER SHEET filed. (Rappaport, Stacey)
November 9, 2015 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Sanofi, re: #1 Complaint,. Document filed by American Stock Transfer & Trust Company LLC. (Rappaport, Stacey)
November 9, 2015 Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Armor Holding II LLC for American Stock Transfer & Trust Company LLC. Document filed by American Stock Transfer & Trust Company LLC.(Rappaport, Stacey)
November 9, 2015 Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against American Stock Transfer & Trust Company LLC. (Filing Fee $ 400.00, Receipt Number 0208-11603614)Document filed by American Stock Transfer & Trust Company LLC. (Attachments: #1 Exhibit Exhibit A - CVR Agreement, #2 Exhibit Exhibit B - Advisory Committee Transcript, #3 Exhibit Exhibit C - Briefing Materials)(Rappaport, Stacey) Modified on 11/9/2015 (pc).
November 6, 2015 ***NOTICE TO ATTORNEY TO FILE INITIAL PLEADING. Notice to Attorney Stacey Jill Rappaport to electronically file the initial pleading in this case. Failure to file the initial pleading may result in the dismissal of the case pursuant to Standing Order 15-mc-00131. Initial Pleading due by 11/12/2015. (rch)

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Defendant: Sanofi
Represented By: John A. Neuwirth
Represented By: Stefania Di Trolio Venezia
Represented By: Joshua Sanders Amsel
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Plaintiff: American Stock Transfer & Trust Company LLC
Represented By: Rachel Penski Fissell
Represented By: Mario Lucero
Represented By: Stacey Jill Rappaport
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Plaintiff: UMB Bank, N.A., as Trustee
Represented By: Michael Brenner Weiss
Represented By: Rachel Penski Fissell
Represented By: Mario Lucero
Represented By: Brent Lloyd Andrus
Represented By: Charles Alan Gilman
Represented By: Alison Bonelli
Represented By: Stacey Jill Rappaport
Represented By: Ariel Lavinbuk
Represented By: Daniel Robert Lecours
Represented By: Tammy Lynn Roy
Represented By: Margaret Ann Barone
Represented By: Adam Shawn Mintz
Represented By: Jonathan David Thier
Represented By: Caroline Saucier
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