Array BioPharma, Inc. v. AstraZeneca plc

Justia Dockets & Filings Second Circuit New York Southern District Array BioPharma, Inc. v. AstraZeneca plc

Array BioPharma, Inc. v. AstraZeneca plc

Plaintiff:	Array BioPharma, Inc.
Defendant:	AstraZeneca plc
Case Number:	1:2018cv00235
Filed:	January 11, 2018
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
Presiding Judge:	P. Kevin Castel
Nature of Suit:	Other Contract
Cause of Action:	28 U.S.C. § 1441
Jury Demanded By:	None

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Date Filed	Document Text
August 9, 2018	Filing 28 OPINION AND ORDER re: (24 in 1:18-cv-00235-PKC) LETTER MOTION for Oral Argument (12) addressed to Judge P. Kevin Castel from Lara Samet Buchwald dated April 20, 2018. filed by AstraZeneca plc, (12 in 1:18-cv-00235-PKC) MOTION to R emand to State Court . filed by Array BioPharma, Inc., (14 in 1:18-cv-02445-PKC) MOTION to Remand to State Court . filed by Array BioPharma, Inc., (19 in 1:18-cv-02445-PKC) LETTER MOTION for Oral Argument (14) addres sed to Judge P. Kevin Castel from Lara Samet Buchwald dated April 20, 2018. filed by AstraZeneca AB. Plaintiff's motion to remand in 18 cv 235 (PKC) (Dkt. 12) is GRANTED. Defendant's motion in 18 cv 235 (PKC) (Dkt. 24) for oral argument is DENIED as moot. Plaintiff's motion to remand in 18 cv 2445 (PKC) (Dkt. 14) is GRANTED. Defendant's motion in 18 cv 2445 (PKC) (Dkt. 19) for oral argument is DENIED as moot. The Court has considered plaintiff's request for supplem ental submissions on sanctions and the Court concludes, based upon a review of the defendants' submissions informed by plaintiff's submissions, that the positions taken by the defendants in the two actions were asserted in good faith bas ed upon either existing law or for establishing new law. Plaintiff's application is DENIED. The Clerk is directed to remand Array BioPharma, Inc. v. AstraZeneca PLC, 18 cv 235 (PKC), and Array BioPharma, Inc. v. AstraZeneca AB, 18 cv 2445 (PKC), to the Supreme Court of the State of New York, New York County, from which they were removed and to close the case in this Court. (Signed by Judge P. Kevin Castel on 8/9/2018) (kgo)

Date Filed

Document Text

August 9, 2018

Filing 28 OPINION AND ORDER re: (24 in 1:18-cv-00235-PKC) LETTER MOTION for Oral Argument (12) addressed to Judge P. Kevin Castel from Lara Samet Buchwald dated April 20, 2018. filed by AstraZeneca plc, (12 in 1:18-cv-00235-PKC) MOTION to R emand to State Court . filed by Array BioPharma, Inc., (14 in 1:18-cv-02445-PKC) MOTION to Remand to State Court . filed by Array BioPharma, Inc., (19 in 1:18-cv-02445-PKC) LETTER MOTION for Oral Argument (14) addres sed to Judge P. Kevin Castel from Lara Samet Buchwald dated April 20, 2018. filed by AstraZeneca AB. Plaintiff's motion to remand in 18 cv 235 (PKC) (Dkt. 12) is GRANTED. Defendant's motion in 18 cv 235 (PKC) (Dkt. 24) for oral argument is DENIED as moot. Plaintiff's motion to remand in 18 cv 2445 (PKC) (Dkt. 14) is GRANTED. Defendant's motion in 18 cv 2445 (PKC) (Dkt. 19) for oral argument is DENIED as moot. The Court has considered plaintiff's request for supplem ental submissions on sanctions and the Court concludes, based upon a review of the defendants' submissions informed by plaintiff's submissions, that the positions taken by the defendants in the two actions were asserted in good faith bas ed upon either existing law or for establishing new law. Plaintiff's application is DENIED. The Clerk is directed to remand Array BioPharma, Inc. v. AstraZeneca PLC, 18 cv 235 (PKC), and Array BioPharma, Inc. v. AstraZeneca AB, 18 cv 2445 (PKC), to the Supreme Court of the State of New York, New York County, from which they were removed and to close the case in this Court. (Signed by Judge P. Kevin Castel on 8/9/2018) (kgo)

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Plaintiff: Array BioPharma, Inc.
Represented By:	Kurt William Hemr
Represented By:	Douglas R. Nemec
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Defendant: AstraZeneca plc
Represented By:	Lara Samet Buchwald
Represented By:	Joel M. Cohen
Represented By:	Peter Manley Starr
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