Chauhan v. Intercept Pharmaceuticals, Inc. et al
| Rakesh Chauhan and Christian Stankevitz |
| Mark Pruzanski, Sandip S. Kapadia and Intercept Pharmaceuticals, Inc. |
| Peidong Wu, City of Fort Lauderdale Police and Fire Retirement System, Richard Rice, City of Cape Coral Municipal General Employees' Retirement Plan, Rony Awaida, Trustees of the Teamsters Union No. 142 Pension Fund, Paul Sapan, Margaret H. Neale and Paul Weller |
| 1:2021cv00036 |
| January 4, 2021 |
| US District Court for the Southern District of New York |
| Lewis J Liman |
| Securities/Commodities |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 21, 2022. A more recent docket listing may be available from PACER.
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Filing 77
OPINION AND ORDER re: #67 MOTION to Dismiss Plaintiffs' First Amended Complaint filed by Intercept Pharmaceuticals, Inc., Sandip S. Kapadia, Mark Pruzanski. The motion to dismiss is GRANTED without prejudice. If Plaintiffs intend to file an amended complaint, they shall do so by April 20, 2022. The Clerk of Court is respectfully directed to close Dkt. No. 67. SO ORDERED. ( Amended Pleadings due by 4/20/2022.) (Signed by Judge Lewis J. Liman on 3/21/2022) (va) Transmission to Orders and Judgments Clerk for processing.
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Filing 76
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/16/22 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....(Moya, Goretti)
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Filing 75
TRANSCRIPT of Proceedings re: CONFERENCE held on 2/16/2022 before Judge Lewis J. Liman. Court Reporter/Transcriber: Samuel Mauro, (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 3/14/2022. Redacted Transcript Deadline set for 3/22/2022. Release of Transcript Restriction set for 5/20/2022..(Moya, Goretti)
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Minute Entry for proceedings held before Judge Lewis J. Liman: Oral Argument held on 2/16/2022 re: #67 MOTION to Dismiss Plaintiffs' First Amended Complaint filed by Intercept Pharmaceuticals, Inc., Sandip S. Kapadia, Mark Pruzanski. Kevin Ruf present for Plaintiffs. Scott Musoff and Alisha Nanda present for Defendants. Court reporter present. The Court heard argument from both parties regarding Defendants' motion to dismiss. Argument taken under advisement, decision reserved by the Court. Defendants directed to order a copy of the transcript of the hearing on an expedited basis. (mf)
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Filing 74
ORDER granting #73 Motion for Kevin F. Ruf to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (ra) Transmission to Attorney Services/Help Desk.
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #73 MOTION for Kevin F. Ruf to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25652643. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Filing 73
MOTION for Kevin F. Ruf to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25652643. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Richard Rice, Christian Stankevitz. (Attachments: #1 Affidavit, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order).(Ruf, Kevin)
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Filing 72
LETTER addressed to Judge Lewis J. Liman from Casey E. Sadler dated January 26, 2022 re: Motion to Dismiss Oral Argument. Document filed by Richard Rice, Christian Stankevitz..(Sadler, Casey)
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ORDER granting re: #72 Letter addressed to Judge Lewis J. Liman from Casey E. Sadler dated January 26, 2022 re: Motion to Dismiss Oral Argument filed by Richard Rice, Christian Stankevitz. The Oral Argument is rescheduled to February 16, 2022 at 10:00AM in Courtroom 15C at the 500 Pearl Street Courthouse. (Oral Argument set for 2/16/2022 at 10:00 AM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman.) (HEREBY ORDERED by Judge Lewis J. Liman) (Text Only Order) (mf)
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ORDER: The Court will hear oral argument from parties regarding the pending motion to dismiss on February 9, 2022 at 10:30AM. The hearing will be held in-person in Courtroom 15C at the 500 Pearl Street Courthouse. (HEREBY ORDERED by Judge Lewis J. Liman) (Text Only Order) (mf)
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Set/Reset Hearings: Oral Argument set for 2/9/2022 at 10:30 AM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman. (mf)
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Filing 71
REPLY MEMORANDUM OF LAW in Support re: #67 MOTION to Dismiss Plaintiffs' First Amended Complaint. . Document filed by Intercept Pharmaceuticals, Inc., Sandip S. Kapadia, Mark Pruzanski..(Musoff, Scott)
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Filing 70
RESPONSE in Opposition to Motion re: #67 MOTION to Dismiss Plaintiffs' First Amended Complaint. . Document filed by Richard Rice, Christian Stankevitz..(Sadler, Casey)
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Filing 69
DECLARATION of Scott D. Musoff in Support re: #67 MOTION to Dismiss Plaintiffs' First Amended Complaint.. Document filed by Intercept Pharmaceuticals, Inc., Sandip S. Kapadia, Mark Pruzanski. (Attachments: #1 Exhibit 1 - November 9, 2020 Earnings Conference Call Transcript, #2 Exhibit 2 - February 1, 2018 Conference Call Transcript, #3 Exhibit 3 - September 27, 2019 Intercept Press Release, #4 Exhibit 4 - May 22, 2020 Intercept Press Release, #5 Exhibit 5 - June 29, 2020 Intercept Press Release, #6 Exhibit 6 - August 10, 2020 Intercept Press Release, #7 Exhibit 7 - FDA-Approved Ocaliva Label, revised February 2018, #8 Exhibit 8 - Securities and Exchange Commission Form 10-Q, filed August 10, 2020, #9 Exhibit 9 - December 16, 2019 Conference Call Transcript, #10 Exhibit 10 - August 10, 2020 Conference Call Transcript, #11 Exhibit 11 - October 8, 2020 STAT News article, #12 Exhibit 12 - SEC Form 4 filings for Mark Pruzanski, #13 Exhibit 13 - Advera Health Analytics, Inc. Pharmacovigilance Guide, #14 Exhibit 14 - October 13, 2020 Evaluate Vantage article, #15 Exhibit 15 - FDA Guidance for Industry, March 2005, #16 Exhibit 16 - FDA White Paper, August 2018, #17 Exhibit 17 - FDA Guidance for Industry, January 2006, #18 Exhibit 18 - December 1, 2020 Healthcare Conference Transcript, #19 Exhibit 19 - FDA Manual of Policies and Procedures 4121.3, #20 Exhibit 20 - February 25, 2021 Earnings Conference Call Transcript, #21 Exhibit 21 - June 29, 2020 Conference Call Transcript, #22 Exhibit 22 - December 10, 2020 Intercept Press Release, #23 Exhibit 23 - SEC Form 8-K, filed February 22, 2021, #24 Exhibit 24 - March 10, 2021 Intercept Press Release, #25 Exhibit 25 - November 5, 2019 Intercept Press Release, #26 Exhibit 26 - November 5, 2019 Conference Call Transcript, #27 Exhibit 27 - November 25, 2019 Intercept Press Release, #28 Exhibit 28 - February 25, 2020 Earnings Conference Call Transcript, #29 Exhibit 29 - May 11, 2020 Intercept Press Release, #30 Exhibit 30 - Excerpts from Securities and Exchange Commission Form 10-Q, filed November 5, 2019, #31 Exhibit 31 - Excerpts from Securities and Exchange Commission Form 10-K, filed February 25, 2020, #32 Exhibit 32 - Excerpts from Securities and Exchange Commission Form 10-Q, filed May 11, 2020).(Musoff, Scott)
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Filing 68
MEMORANDUM OF LAW in Support re: #67 MOTION to Dismiss Plaintiffs' First Amended Complaint. . Document filed by Intercept Pharmaceuticals, Inc., Sandip S. Kapadia, Mark Pruzanski..(Musoff, Scott)
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Filing 67
MOTION to Dismiss Plaintiffs' First Amended Complaint. Document filed by Intercept Pharmaceuticals, Inc., Sandip S. Kapadia, Mark Pruzanski..(Musoff, Scott)
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Filing 66
EXHIBIT TO PLEADING re: #64 Amended Complaint, #63 Amended Complaint,. Document filed by Richard Rice, Christian Stankevitz..(Sadler, Casey)
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Filing 65
FILING ERROR - PDF ERROR - EXHIBIT TO PLEADING re: #64 Amended Complaint, #63 Amended Complaint,. Document filed by Richard Rice, Christian Stankevitz..(Sadler, Casey) Modified on 3/16/2021 (jgo).
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Filing 64
AMENDED COMPLAINT amending #63 Amended Complaint, #1 Complaint, against Intercept Pharmaceuticals, Inc., Sandip S. Kapadia, Mark Pruzanski with JURY DEMAND.Document filed by Richard Rice, Christian Stankevitz. Related document: #63 Amended Complaint, #1 Complaint,. (Attachments: #1 Supplement - Certification of Christian Stankevitz).(Sadler, Casey) Modified on 3/16/2021 (jgo). Modified on 3/18/2021 (jgo).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Casey Edwards Sadler to RE-FILE re: Document No. #63 Amended Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; the PDF case caption must list the filers; the pleading was filed incorrectly on the due date, therefore new Court's leave must be granted. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (jgo)
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Filing 63
FILING ERROR - PDF ERROR - FIRST AMENDED COMPLAINT amending #1 Complaint, against Intercept Pharmaceuticals, Inc., Sandip S. Kapadia, Mark Pruzanski with JURY DEMAND.Document filed by Richard Rice, Christian Stankevitz. Related document: #1 Complaint,. (Attachments: #1 Supplement - Certification of Christian Stankevitz).(Sadler, Casey) Modified on 3/12/2021 (jgo).
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Filing 62
ORDER GRANTING MOTION TO WITHDRAW AS ATTORNEY OF RECORD PURSUANT TO LOCAL RULE 1.4 granting #59 Motion to Withdraw as Attorney. The Motion to Withdraw as Attorney of Record Pursuant to Local Rule 1.4 is GRANTED and IT IS HEREBY ORDERED that attorney Geoffrey C. Jarvis shall be removed from the official docket of this action as well as the electronic case filing (ECF) service list. Attorney Geoffrey Coyle Jarvis terminated. (Signed by Judge Lewis J. Liman on 2/9/2021) (va)
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Filing 61
STIPULATION AND ORDER REGARDING TIME TO FILE AN AMENDED COMPLAINT AND BRIEFING SCHEDULING: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, and respectfully request, by and among the undersigned counsel for the respective Parties, that the Court enter the following proposed schedule: (As further set forth herein.) Intercept Pharmaceuticals, Inc. answer due 4/26/2021; Sandip S. Kapadia answer due 4/26/2021; Mark Pruzanski answer due 4/26/2021.( Amended Pleadings due by 3/11/2021. Motions due by 4/26/2021. Responses due by 5/26/2021. Replies due by 6/9/2021.) (Signed by Judge Lewis J. Liman on 2/8/2021) (va)
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Filing 60
PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by City of Cape Coral Municipal General Employees' Retirement Plan, Trustees of the Teamsters Union No. 142 Pension Fund. Related Document Number: [ECF No. 59]..(Jarvis, Geoffrey)
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Filing 59
MOTION for Geoffrey C. Jarvis to Withdraw as Attorney . Document filed by City of Cape Coral Municipal General Employees' Retirement Plan, Trustees of the Teamsters Union No. 142 Pension Fund..(Jarvis, Geoffrey)
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Filing 58
PROPOSED STIPULATION AND ORDER. Document filed by Intercept Pharmaceuticals, Inc., Sandip S. Kapadia, Mark Pruzanski..(Musoff, Scott)
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Filing 57
ORDER granting #56 Motion for Casey E. Sadler to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (mg) Transmission to Attorney Services/Help Desk.
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #56 MOTION for Casey E. Sadler to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23825386. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea)
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Filing 56
MOTION for Casey E. Sadler to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23825386. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Richard Rice. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Proposed Order).(Sadler, Casey)
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Filing 55
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/15/21 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)
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Filing 54
TRANSCRIPT of Proceedings re: CONFERENCE held on 1/15/2021 before Judge Lewis J. Liman. Court Reporter/Transcriber: Steven Greenblum, (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 2/17/2021. Redacted Transcript Deadline set for 3/1/2021. Release of Transcript Restriction set for 4/27/2021..(McGuirk, Kelly)
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Filing 53
OPINION AND ORDER re: #12 MOTION to Appoint Peidong Wu to serve as lead plaintiff(s), MOTION to Appoint Counsel The Rosen Law Firm, P.A., filed by Peidong Wu; #33 MOTION to Appoint Richard Rice as Trustee of the Richard E. and Melinda Rice Revocable Family Trust 5/9/90 to serve as lead plaintiff(s) and Approval of Lead Counsel, filed by Richard Rice; #15 MOTION to Appoint Trustees of the Teamsters Union No. 142 Pension Fund and City of Cape Coral Municipal General Employees' Retirement Plan to serve as lead plaintiff(s); MOTION to Appoint Counsel, filed by City of Cape Coral Municipal General Employees' Retirement Plan, Trustees of the Teamsters Union No. 142 Pension Fund, #29 MOTION to Appoint City of Fort Lauderdale Police and Fire Retirement System to serve as lead plaintiff(s); MOTION to Appoint Counsel, filed by City of Fort Lauderdale Police and Fire Retirement System, #17 MOTION to Appoint Margaret H. Neale to serve as lead plaintiff(s); MOTION to Appoint Counsel, filed by Margaret H. Neale; #20 MOTION to Appoint Paul Sapan and Rony Awaida to serve as lead plaintiff(s); MOTION to Appoint Counsel, filed by Rony Awaida, Paul Sapan; #25 MOTION to Appoint Paul Weller to serve as lead plaintiff(s); MOTION to Approve Lead Counsel, filed by Paul Weller. For the foregoing reasons, the Court GRANTS the motion at Dkt. No. 33. On the understandings set forth in this Opinion, the Court appoints Richard Rice as Trustee of the Richard E. and Melinda Rice Revocable Family Trust 5/9/90 as lead plaintiff and appoints his counsel, Glancy Prongay & Murray LLP, as class counsel. The Court therefore DENIES the remaining motions for appointment as lead plaintiff. The Clerk of Court is respectfully directed to terminate Dkt. Nos. 12, 15, 17, 20, 25, 29. IT IS FURTHER ORDERED that the newly-appointed lead plaintiff shall meet and confer with Defendants on a briefing schedule for a consolidated amended complaint and any motion to dismiss. The parties shall jointly submit a proposed schedule on ECF no later than February 8, 2021. If the parties are unable to agree on a proposed schedule, they may file separate proposals. SO ORDERED. (Signed by Judge Lewis J. Liman on 1/25/2021) (va)
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Minute Entry for proceedings held before Judge Lewis J. Liman: Telephone Conference held on 1/15/2021. Counsel present by telephone for Movants. Counsel present by telephone for Defendants. Court reporter present by telephone. The Court heard argument from various counsel regarding motions to be appointed as lead counsel for plaintiffs and motions to serve as lead plaintiff. Decision reserved by the Court. (mf)
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Filing 52
ORDER granting #50 Motion for James R. Carroll to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (mg) Transmission to Attorney Services/Help Desk.
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Filing 51
ORDER granting #49 Motion for Charles H. Linehan to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (mg) Transmission to Attorney Services/Help Desk.
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Filing 50
MOTION for James R. Carroll to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23509309. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Intercept Pharmaceuticals, Inc., Sandip S. Kapadia, Mark Pruzanski. (Attachments: #1 # 1 Declaration of James R. Carroll, #2 # 2 Certificate of Good Standing - Commonwealth of Massachusetts, #3 # Proposed Order for Admission Pro Hac Vice).(Carroll, James)
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Filing 49
MOTION for Charles H. Linehan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23504062. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Richard Rice. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Proposed Order).(Linehan, Charles)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #50 MOTION for James R. Carroll to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23509309. Motion and supporting papers to be reviewed by Clerk's Office staff., #49 MOTION for Charles H. Linehan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23504062. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 48
MEMORANDUM OF LAW in Opposition re: #12 MOTION to Appoint Peidong Wu to serve as lead plaintiff(s) . MOTION to Appoint Counsel The Rosen Law Firm, P.A.., #33 MOTION to Appoint Richard Rice, as Trustee of the Richard E. and Melinda Rice Revocable Family Trust 5/9/90 to serve as lead plaintiff(s) and Approval of Lead Counsel., #25 MOTION to Appoint Paul Weller to serve as lead plaintiff(s) . MOTION to Approve Lead Counsel . and in Further Support of Paul Sapan and Rony Awaida's Motion for Appointment as Co-Lead Plaintiffs. Document filed by Rony Awaida, Paul Sapan..(Apton, Adam)
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Filing 47
MEMORANDUM OF LAW in Opposition re: #12 MOTION to Appoint Peidong Wu to serve as lead plaintiff(s) . MOTION to Appoint Counsel The Rosen Law Firm, P.A.., #15 MOTION to Appoint Trustees of the Teamsters Union No. 142 Pension Fund and City of Cape Coral Municipal General Employees' Retirement Plan to serve as lead plaintiff(s) . MOTION to Appoint Counsel ., #29 MOTION to Appoint City of Fort Lauderdale Police and Fire Retirement System to serve as lead plaintiff(s) . MOTION to Appoint Counsel ., #17 MOTION to Appoint Margaret H. Neale to serve as lead plaintiff(s) . MOTION to Appoint Counsel ., #20 MOTION to Appoint Paul Sapan and Rony Awaida to serve as lead plaintiff(s) . MOTION to Appoint Counsel ., #25 MOTION to Appoint Paul Weller to serve as lead plaintiff(s) . MOTION to Approve Lead Counsel . . Document filed by Richard Rice..(Linkh, Gregory)
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Filing 46
MEMORANDUM OF LAW in Opposition re: #33 MOTION to Appoint Richard Rice, as Trustee of the Richard E. and Melinda Rice Revocable Family Trust 5/9/90 to serve as lead plaintiff(s) and Approval of Lead Counsel., #15 MOTION to Appoint Trustees of the Teamsters Union No. 142 Pension Fund and City of Cape Coral Municipal General Employees' Retirement Plan to serve as lead plaintiff(s) . MOTION to Appoint Counsel ., #29 MOTION to Appoint City of Fort Lauderdale Police and Fire Retirement System to serve as lead plaintiff(s) . MOTION to Appoint Counsel ., #17 MOTION to Appoint Margaret H. Neale to serve as lead plaintiff(s) . MOTION to Appoint Counsel ., #20 MOTION to Appoint Paul Sapan and Rony Awaida to serve as lead plaintiff(s) . MOTION to Appoint Counsel ., #25 MOTION to Appoint Paul Weller to serve as lead plaintiff(s) . MOTION to Approve Lead Counsel . . Document filed by Peidong Wu..(Kim, Phillip)
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Filing 45
NOTICE of NON-OPPOSITION OF PAUL WELLER TO COMPETING MOTIONS FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF LEAD COUNSEL re: #25 MOTION to Appoint Paul Weller to serve as lead plaintiff(s) . MOTION to Approve Lead Counsel .. Document filed by Paul Weller..(Lieberman, Jeremy)
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Filing 44
STIPULATION AND ORDER REGARDING TIME TO RESPOND TO COMPLAINT AND SCHEDULING: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, and respectfully requested, by and among the undersigned counsel for the respective Parties, subject to approval of the Court, that: 1. Defendants shall not be required to answer or otherwise respond to the Complaint already filed or to any other subsequently filed complaints until after the appointment of lead plaintiff(s), absent further order of the court; and 2. Within fourteen (14) days following entry of an order by the Court appointing a lead plaintiff(s) in this action (or a consolidated action encompassing the above-captioned action) pursuant to 15 U.S.C. 78u-4(a)(3), counsel for each of the respective Defendants and lead counsel shall confer and propose to the Court: i. a date by which lead plaintiff(s) shall either (a) serve and file an amended complaint that shall serve as the operative complaint in this action and shall supersede any other complaints filed herein, or (b) notify counsel for each of the respective Defendants that the Complaint, or a complaint filed in a related action, will be the operative complaint in this action; ii. a date by which Defendants shall answer or otherwise respond to the operative complaint; and iii. in the event Defendants file motions to dismiss the operative complaint, a date by which lead plaintiff(s) shall file opposition papers and Defendants shall file reply papers to such motions. IT IS SO ORDERED. Motions terminated: #43 LETTER MOTION for Extension of Time to Respond to the Complaint addressed to Judge Lewis J. Liman from Scott D. Musoff dated January 12, 2021. filed by Intercept Pharmaceuticals, Inc., Sandip S. Kapadia, Mark Pruzanski. (Signed by Judge Lewis J. Liman on 1/13/2021) (ks)
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Filing 43
LETTER MOTION for Extension of Time to Respond to the Complaint addressed to Judge Lewis J. Liman from Scott D. Musoff dated January 12, 2021. Document filed by Intercept Pharmaceuticals, Inc., Sandip S. Kapadia, Mark Pruzanski. (Attachments: #1 Exhibit A).(Musoff, Scott)
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Filing 42
LETTER addressed to Judge Lewis J. Liman from Scott D. Musoff dated January 12, 2021 re: Related Actions. Document filed by Intercept Pharmaceuticals, Inc., Sandip S. Kapadia, Mark Pruzanski..(Musoff, Scott)
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Filing 41
NOTICE of Withdrawal re: #15 MOTION to Appoint Trustees of the Teamsters Union No. 142 Pension Fund and City of Cape Coral Municipal General Employees' Retirement Plan to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by City of Cape Coral Municipal General Employees' Retirement Plan, Trustees of the Teamsters Union No. 142 Pension Fund..(Amjed, Naumon)
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Filing 40
NOTICE of Withdrawal re: #29 MOTION to Appoint City of Fort Lauderdale Police and Fire Retirement System to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by City of Fort Lauderdale Police and Fire Retirement System..(Rosenfeld, David)
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Filing 39
NOTICE of Non-Opposition to the Competing Motions for Appointment as Lead Plaintiff and Approval of Selection of Counsel. Document filed by Margaret H. Neale..(Hasson, Laurence)
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Filing 38
NOTICE OF APPEARANCE by Thomas Livezey Laughlin, IV on behalf of Rony Awaida, Paul Sapan..(Laughlin, Thomas)
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Filing 37
NOTICE OF APPEARANCE by Rhiana Lauren Swartz on behalf of Rony Awaida, Paul Sapan..(Swartz, Rhiana)
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Filing 36
SCHEDULING ORDER: Accordingly, the members of the purported class had until January 4, 2021 to move the Court to serve as lead plaintiff. It is hereby ORDERED that any opposition to any motion for appointment of lead plaintiff shall be served and filed by January 13, 2021. IT IS FURTHER ORDERED that a conference shall be held on January 15, 2021 at 4:00 p.m. to consider any motions for appointment of lead plaintiff and lead counsel, and/or for consolidation. The parties are directed to dial into the Court's teleconference line at 888-251-2909, Access Code 2123101, and to follow the necessary prompts. If an amended complaint or a related case is filed prior to appointment of a lead plaintiff, Plaintiff's counsel shall, within one week, submit a letter to the Court identifying any differences between the allegations in the new complaint(s) and the allegations in the original complaint (including but not limited to any differences in the claims asserted and the relevant class periods) and showing cause why the Court should not order republication of notice under the PSLRA and set a new deadline for the filing of motions for appointment. See, e,g., Hachem v. Gen. Elec. Inc., 2018 WL 1779345 (S.D.N.Y. Apr. 11, 2018). Named Plaintiff shall promptly serve a copy of this Order on each Defendant. SO ORDERED. Responses due by 1/13/2021. Telephone Conference set for 1/15/2021 at 04:00 PM before Judge Lewis J. Liman. (Signed by Judge Lewis J. Liman on 1/5/2021) (va)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #13 Proposed Order was reviewed and approved as to form. (dt)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #23 Proposed Order, was reviewed and approved as to form. (dt)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #26 Proposed Order was reviewed and approved as to form. (dt)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #32 Proposed Order was reviewed and approved as to form. (dt)
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Filing 35
DECLARATION of Gregory B. Linkh in Support re: #33 MOTION to Appoint Richard Rice, as Trustee of the Richard E. and Melinda Rice Revocable Family Trust 5/9/90 to serve as lead plaintiff(s) and Approval of Lead Counsel.. Document filed by Richard Rice. (Attachments: #1 Exhibit A - Press Release, #2 Exhibit B - Certification of Movant, #3 Exhibit C - Movant Loss Chart, #4 Exhibit D - GPM Firm Resume).(Linkh, Gregory)
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Filing 34
MEMORANDUM OF LAW in Support re: #33 MOTION to Appoint Richard Rice, as Trustee of the Richard E. and Melinda Rice Revocable Family Trust 5/9/90 to serve as lead plaintiff(s) and Approval of Lead Counsel. . Document filed by Richard Rice..(Linkh, Gregory)
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Filing 33
MOTION to Appoint Richard Rice, as Trustee of the Richard E. and Melinda Rice Revocable Family Trust 5/9/90 to serve as lead plaintiff(s) and Approval of Lead Counsel. Document filed by Richard Rice. (Attachments: #1 Proposed Order).(Linkh, Gregory)
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Filing 32
PROPOSED ORDER. Document filed by City of Fort Lauderdale Police and Fire Retirement System. Related Document Number: #29 ..(Rosenfeld, David) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 31
DECLARATION of David A. Rosenfeld in Support re: #29 MOTION to Appoint City of Fort Lauderdale Police and Fire Retirement System to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by City of Fort Lauderdale Police and Fire Retirement System. (Attachments: #1 Exhibit A - PSLRA Notice, #2 Exhibit B - Certification, #3 Exhibit C - Estimate of losses).(Rosenfeld, David)
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Filing 30
MEMORANDUM OF LAW in Support re: #29 MOTION to Appoint City of Fort Lauderdale Police and Fire Retirement System to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by City of Fort Lauderdale Police and Fire Retirement System..(Rosenfeld, David)
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Filing 29
MOTION to Appoint City of Fort Lauderdale Police and Fire Retirement System to serve as lead plaintiff(s) ., MOTION to Appoint Counsel . Document filed by City of Fort Lauderdale Police and Fire Retirement System..(Rosenfeld, David)
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Filing 28
DECLARATION of Jeremy A. Lieberman in Support re: #25 MOTION to Appoint Paul Weller to serve as lead plaintiff(s) . MOTION to Approve Lead Counsel .. Document filed by Paul Weller. (Attachments: #1 Exhibit A - Loss Chart, #2 Exhibit B - Press Release, #3 Exhibit C - Certification, #4 Exhibit D - Movant Declaration, #5 Exhibit E - Firm Resume).(Lieberman, Jeremy)
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Filing 27
MEMORANDUM OF LAW in Support re: #25 MOTION to Appoint Paul Weller to serve as lead plaintiff(s) . MOTION to Approve Lead Counsel . . Document filed by Paul Weller..(Lieberman, Jeremy)
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Filing 26
PROPOSED ORDER. Document filed by Paul Weller. Related Document Number: #25 ..(Lieberman, Jeremy) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 25
MOTION to Appoint Paul Weller to serve as lead plaintiff(s) ., MOTION to Approve Lead Counsel . Document filed by Paul Weller..(Lieberman, Jeremy)
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Filing 24
DECLARATION of Shannon L. Hopkins in Support re: #20 MOTION to Appoint Paul Sapan and Rony Awaida to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Rony Awaida, Paul Sapan. (Attachments: #1 Exhibit PSLRA Certifications, #2 Exhibit Loss Chart, #3 Exhibit PSLRA Notice, #4 Exhibit Joint Declaration, #5 Exhibit LK Resume, #6 Exhibit S+S Resume).(Hopkins, Shannon)
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Filing 23
PROPOSED ORDER. Document filed by City of Cape Coral Municipal General Employees' Retirement Plan, Trustees of the Teamsters Union No. 142 Pension Fund. Related Document Number: [ECF No. 15]..(Jarvis, Geoffrey) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 22
DECLARATION of Laurence J. Hasson in Support re: #17 MOTION to Appoint Margaret H. Neale to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Margaret H. Neale. (Attachments: #1 Exhibit A (Notice), #2 Exhibit B (PSLRA Certification), #3 Exhibit C (Loss Chart), #4 Exhibit D (Firm Resume)).(Hasson, Laurence)
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Filing 21
MEMORANDUM OF LAW in Support re: #20 MOTION to Appoint Paul Sapan and Rony Awaida to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by Rony Awaida, Paul Sapan..(Hopkins, Shannon)
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Filing 20
MOTION to Appoint Paul Sapan and Rony Awaida to serve as lead plaintiff(s) ., MOTION to Appoint Counsel . Document filed by Rony Awaida, Paul Sapan. (Attachments: #1 Text of Proposed Order).(Hopkins, Shannon)
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Filing 19
DECLARATION of Geoffrey C. Jarvis in Support re: #15 MOTION to Appoint Trustees of the Teamsters Union No. 142 Pension Fund and City of Cape Coral Municipal General Employees' Retirement Plan to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by City of Cape Coral Municipal General Employees' Retirement Plan, Trustees of the Teamsters Union No. 142 Pension Fund. (Attachments: #1 Exhibit A - Certifications, #2 Exhibit B - Loss Charts, #3 Exhibit C - Joint Declaration, #4 Exhibit D - Notice of Pendency, #5 Exhibit E - Firm Resume).(Jarvis, Geoffrey)
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Filing 18
MEMORANDUM OF LAW in Support re: #17 MOTION to Appoint Margaret H. Neale to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by Margaret H. Neale..(Hasson, Laurence)
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Filing 17
MOTION to Appoint Margaret H. Neale to serve as lead plaintiff(s) ., MOTION to Appoint Counsel . Document filed by Margaret H. Neale. (Attachments: #1 Text of Proposed Order).(Hasson, Laurence)
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Filing 16
MEMORANDUM OF LAW in Support re: #15 MOTION to Appoint Trustees of the Teamsters Union No. 142 Pension Fund and City of Cape Coral Municipal General Employees' Retirement Plan to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by City of Cape Coral Municipal General Employees' Retirement Plan, Trustees of the Teamsters Union No. 142 Pension Fund..(Jarvis, Geoffrey)
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Filing 15
MOTION to Appoint Trustees of the Teamsters Union No. 142 Pension Fund and City of Cape Coral Municipal General Employees' Retirement Plan to serve as lead plaintiff(s) ., MOTION to Appoint Counsel . Document filed by Trustees of the Teamsters Union No. 142 Pension Fund, City of Cape Coral Municipal General Employees' Retirement Plan..(Jarvis, Geoffrey)
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Filing 14
MEMORANDUM OF LAW in Support re: #12 MOTION to Appoint Peidong Wu to serve as lead plaintiff(s) . MOTION to Appoint Counsel The Rosen Law Firm, P.A.. . Document filed by Peidong Wu. (Attachments: #1 Exhibit 1 - PSLRA Early Notice, #2 Exhibit 2 - PSLRA Certification, #3 Exhibit 3 - Loss Chart, #4 Exhibit 4 - Firm Resume).(Kim, Phillip)
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Filing 13
PROPOSED ORDER. Document filed by Peidong Wu. Related Document Number: #12 ..(Kim, Phillip) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 12
MOTION to Appoint Peidong Wu to serve as lead plaintiff(s) ., MOTION to Appoint Counsel The Rosen Law Firm, P.A.. Document filed by Peidong Wu..(Kim, Phillip)
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Filing 11
CASE TRANSFERRED IN from the United States District Court - District of New York Eastern; Case Number: 2:20-cv-05377. Original file certified copy of transfer order and docket entries received. (sjo)
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CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Lewis J. Liman. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions. (sjo)
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Magistrate Judge Sarah Netburn is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sjo)
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Case Designated ECF. (sjo)
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NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo)
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Filing 10
ORDER granting #9 Motion to Change Venue: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, the above-mentioned matter be transferred to the Southern District of New York. So Ordered by Judge Sandra J. Feuerstein on 1/1/2021. (Cubano, Jazmin) [Transferred from New York Eastern on 1/4/2021.]
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Case transferred to District of Southern District of New York. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (Cubano, Jazmin) [Transferred from New York Eastern on 1/4/2021.]
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Filing 9
Joint MOTION to Change Venue (Stipulation and Proposed Order) by Intercept Pharmaceuticals, Inc., Sandip S. Kapadia, Mark Pruzanski. (Musoff, Scott) [Transferred from New York Eastern on 1/4/2021.]
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Filing 8
Corporate Disclosure Statement by Intercept Pharmaceuticals, Inc. identifying Corporate Parent No Corporate Parent for Intercept Pharmaceuticals, Inc.. (Musoff, Scott) [Transferred from New York Eastern on 1/4/2021.]
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Filing 7
NOTICE of Appearance by Rene H. Dubois on behalf of Intercept Pharmaceuticals, Inc., Sandip S. Kapadia, Mark Pruzanski (aty to be noticed) (Dubois, Rene) [Transferred from New York Eastern on 1/4/2021.]
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Filing 6
NOTICE of Appearance by Alisha Quintana Nanda on behalf of Intercept Pharmaceuticals, Inc., Sandip S. Kapadia, Mark Pruzanski (aty to be noticed) (Nanda, Alisha) [Transferred from New York Eastern on 1/4/2021.]
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Filing 5
NOTICE of Appearance by Scott D. Musoff on behalf of Intercept Pharmaceuticals, Inc., Sandip S. Kapadia, Mark Pruzanski (aty to be noticed) (Musoff, Scott) [Transferred from New York Eastern on 1/4/2021.]
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SCHEDULING ORDER: Telephone Initial Conference set for 1/14/2021 at 10:00 AM before Judge Sandra J. Feuerstein. The parties shall appear with authority, or with individuals with authority, to settle this matter. At the designated time, the parties shall call Chambers' teleconferencing number, (877) 336-1280 , and follow the automated instructions; the access code is: 7215690 . Plaintiff shall serve a copy of this order upon defendants and file proof of such service with the Court. Ordered by Judge Sandra J. Feuerstein on 11/9/2020. c/ECF (Adell, April) [Transferred from New York Eastern on 1/4/2021.]
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Filing 4
Summons Issued as to Intercept Pharmaceuticals, Inc., Sandip S. Kapadia, Mark Pruzanski. (Rodin, Deanna) [Transferred from New York Eastern on 1/4/2021.]
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Filing 3
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Rodin, Deanna) [Transferred from New York Eastern on 1/4/2021.]
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Case Assigned to Judge Sandra J. Feuerstein and Magistrate Judge Steven I. Locke. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Rodin, Deanna) [Transferred from New York Eastern on 1/4/2021.]
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Filing 2
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Additional attachment(s) added on 11/6/2020: #1 Additional Corrections) (Rodin, Deanna). [Transferred from New York Eastern on 1/4/2021.]
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Filing 1
COMPLAINT against Intercept Pharmaceuticals, Inc., Sandip S. Kapadia, Mark Pruzanski filing fee $400, receipt number ANYEDC-13638422, Was the Disclosure Statement on Civil Cover Sheet completed -Yes, filed by Rakesh Chauhan. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Lieberman, Jeremy) Modified on 11/6/2020 (Landow, Concetta). Modified on 11/6/2020 (Rodin, Deanna). [Transferred from New York Eastern on 1/4/2021.]
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