SM Merger/Arbitrage, L.P. et al v. Bristol-Myers Squibb Company et al
| SM Merger/Arbitrage, L.P., SM Investors, L.P., SM Investors II, L.P., Maso Capital Investments Limited, Maso Capital Arbitrage Fund Limited, Blackwell Partners LLC Series A, Star V Partners LLC and Ehab Khalil |
| Bristol-Myers Squibb Company, Giovanni Caforio, Ph.D Vicki L. Sato, Peter J. Arduini, Robert Bertolini, Matthew W. Emmens, Michael Grobstein, Alan J. Lacy, Dinesh C. Paliwal, Theodore R. Samuels, Gerald L. Storch, Karen H. Vousden, Vicki L. Sato, Charles Bancroft, Karen M. Santiago, David V. Elkins and Samit Hirawat |
| Mangrove Partners Master Fund, Ltd. |
| 1:2021cv08255 |
| October 6, 2021 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Securities/Commodities |
| Plaintiff |
Docket Report
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Filing 110
OPINION AND ORDER re: #99 MOTION to Dismiss . filed by Gerald L. Storch, Alan J. Lacy, Matthew W. Emmens, Dinesh C. Paliwal, Peter J. Arduini, Michael Grobstein, Samit Hirawat, Karen M. Santiago, Vicki L. Sato, Theodore R. Samuels, David V. Elkins, Charles Bancroft, Robert Bertolini, Giovanni Caforio, Karen H. Vousden, Bristol-Myers Squibb Company. For the foregoing reasons, Defendants' motion to dismiss is GRANTED and Plaintiffs' claims are dismissed. That leaves only the question of whether Plaintiffs should be granted leave to amend the Complaint. Leave to amend a complaint should be freely given "when justice so requires," Fed. R. Civ. P. 15(a)(2), and complaints dismissed under the PSLRA "are almost always dismissed with leave to amend," Pasternack v. Shrader, 863 F.3d 162, 175 (2d Cir. 2017) (internal quotation marks omitted). That said, "[w]here it appears that granting leave to amend is unlikely to be productive,... it is not an abuse of discretion to deny leave to amend." Ruffolo v. Oppenheimer & Co., 987 F.2d 129, 131 (2d Cir. 1993). Applying the foregoing standards, the Court denies leave to amend Plaintiffs' Securities Act and Section 14(a) and Rule 14a-9 claims because it is "unlikely to be productive." Id. By contrast, and notwithstanding the fact that Plaintiffs do not request leave to amend, the Court grants Plaintiffs leave to amend to address the deficiencies identified in their other claims. See, e.g., Loreley Fin. (Jersey) No. 3 Ltd., 797 F.3d at 190-91. Plaintiffs shall file any Second Amended Complaint within thirty days of the date of this Opinion and Order. The Clerk of Court is directed to terminate ECF No. 99. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/1/23) (yv)
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Filing 109
ORDER granting #108 Motion for Brendan Rae Schneiderman to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #108 MOTION for Brendan Rae Schneiderman to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
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Filing 108
MOTION for Brendan Rae Schneiderman to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ehab Khalil, Mangrove Partners Master Fund, Ltd.. (Attachments: #1 Exhibit A - Declaration, #2 Exhibit B - Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(Eisenkraft, Michael)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #107 MOTION for Brendan Rae Schneiderman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26510574. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): expired Certificate of Good Standing from District of Columbia; Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (sgz)
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Filing 107
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Brendan Rae Schneiderman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26510574. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Mangrove Partners Master Fund, Ltd.. (Attachments: #1 Exhibit A - Declaration, #2 Exhibit B - Certificate of Good Standing, #3 Exhibit C - Certificate of Good Standing, #4 Exhibit [Proposed] Order).(Schneiderman, Brendan) Modified on 8/8/2022 (sgz).
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Filing 106
REPLY MEMORANDUM OF LAW in Support re: #99 MOTION to Dismiss . . Document filed by Peter J. Arduini, Charles Bancroft, Robert Bertolini, Bristol-Myers Squibb Company, Giovanni Caforio, David V. Elkins, Matthew W. Emmens, Michael Grobstein, Samit Hirawat, Alan J. Lacy, Dinesh C. Paliwal, Theodore R. Samuels, Karen M. Santiago, Vicki L. Sato, Gerald L. Storch, Karen H. Vousden..(Clarke, John)
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Filing 105
MEMORANDUM OF LAW in Opposition re: #99 MOTION to Dismiss . . Document filed by Ehab Khalil, Mangrove Partners Master Fund, Ltd...(Toll, Steven)
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Filing 104
NOTICE OF APPEARANCE by Benjamin Foster Jackson on behalf of Ehab Khalil, Mangrove Partners Master Fund, Ltd...(Jackson, Benjamin)
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Filing 103
ORDER granting #102 Letter Motion for Extension of Time to File Response/Reply re #102 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #99 MOTION to Dismiss . addressed to Judge Jesse M. Furman from John J. Clarke, Jr. dated May 9, 2022. Application GRANTED. The Clerk of Court is directed to terminate ECF No. 102. SO ORDERED. Responses due by 5/26/2022, Replies due by 6/16/2022. (Signed by Judge Jesse M. Furman on 5/9/2022) (jca)
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Filing 102
CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #99 MOTION to Dismiss . addressed to Judge Jesse M. Furman from John J. Clarke, Jr. dated May 9, 2022. Document filed by Peter J. Arduini, Charles Bancroft, Robert Bertolini, Bristol-Myers Squibb Company, Giovanni Caforio, David V. Elkins, Matthew W. Emmens, Michael Grobstein, Samit Hirawat, Alan J. Lacy, Dinesh C. Paliwal, Theodore R. Samuels, Karen M. Santiago, Vicki L. Sato, Gerald L. Storch, Karen H. Vousden..(Clarke, John)
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Filing 101
DECLARATION of John J. Clarke, Jr. in Support re: #99 MOTION to Dismiss .. Document filed by Peter J. Arduini, Charles Bancroft, Robert Bertolini, Bristol-Myers Squibb Company, Giovanni Caforio, David V. Elkins, Matthew W. Emmens, Michael Grobstein, Samit Hirawat, Alan J. Lacy, Dinesh C. Paliwal, Theodore R. Samuels, Karen M. Santiago, Vicki L. Sato, Gerald L. Storch, Karen H. Vousden. (Attachments: #1 Exhibit 1 - Joint Proxy Statement / Prospectus, #2 Exhibit 2 - Guggenheim Securities LLC Analyst Report, #3 Exhibit 3 - The Pink Sheet article, #4 Exhibit 4 - BMS 10-K filed on February 24, 2020, #5 Exhibit 5 - American Society of Hematology conference presentation, #6 Exhibit 6 - BMS press release dated December 18, 2019, #7 Exhibit 7 - BMS earnings call transcript on February 6, 2020, #8 Exhibit 8 - BMS press release dated May 6, 2020, #9 Exhibit 9 - BMS 10-Q filed on May 7, 2020, #10 Exhibit 10 - BMS earnings call transcript on May 7, 2020, #11 Exhibit 11 - BMS Investor Day Series presentation materials, #12 Exhibit 12 - BMS 10-Q filed on August 6, 2020, #13 Exhibit 13 - BMS earnings call transcript on August 6, 2020, #14 Exhibit 14 - BMS 10-Q filed on November 5, 2020, #15 Exhibit 15 - BMS earnings call transcript on November 5, 2020, #16 Exhibit 16 - BMS press release dated November 16, 2020).(Clarke, John)
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Filing 100
MEMORANDUM OF LAW in Support re: #99 MOTION to Dismiss . . Document filed by Peter J. Arduini, Charles Bancroft, Robert Bertolini, Bristol-Myers Squibb Company, Giovanni Caforio, David V. Elkins, Matthew W. Emmens, Michael Grobstein, Samit Hirawat, Alan J. Lacy, Dinesh C. Paliwal, Theodore R. Samuels, Karen M. Santiago, Vicki L. Sato, Gerald L. Storch, Karen H. Vousden..(Clarke, John)
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Filing 99
MOTION to Dismiss . Document filed by Peter J. Arduini, Charles Bancroft, Robert Bertolini, Bristol-Myers Squibb Company, Giovanni Caforio, David V. Elkins, Matthew W. Emmens, Michael Grobstein, Samit Hirawat, Alan J. Lacy, Dinesh C. Paliwal, Theodore R. Samuels, Karen M. Santiago, Vicki L. Sato, Gerald L. Storch, Karen H. Vousden..(Clarke, John)
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Filing 98
ORDER terminating #65 Motion to Appoint. Accordingly, the Clerk of Court is directed to terminate ECF No. 11 in 21-CV-9998 and ECF No. 65 in 21-CV-8255. (Signed by Judge Jesse M. Furman on 4/4/2022) (ate)
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Filing 97
MEMO ENDORSEMENT on MOTION TO WITHDRAW AS COUNSEL granting #96 Motion to Withdraw as Attorney. ENDORSEMENT: Application GRANTED. The Clerk of Court is directed to terminate ECF No. 96. SO ORDERED.. (Signed by Judge Jesse M. Furman on 3/7/2022) Attorney Joshua Handelsman terminated (ks)
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Filing 96
MOTION for Joshua C. Handelsman to Withdraw as Attorney . Document filed by Ehab Khalil, Mangrove Partners Master Fund, Ltd.. (Attachments: #1 Exhibit).(Handelsman, Joshua)
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Filing 95
AMENDED COMPLAINT amending #94 Amended Complaint,, #1 Complaint, against Peter J. Arduini, Charles Bancroft, Robert Bertolini, Bristol-Myers Squibb Company, Giovanni Caforio, David V. Elkins, Matthew W. Emmens, Michael Grobstein, Samit Hirawat, Alan J. Lacy, Dinesh C. Paliwal, Theodore R. Samuels, Karen M. Santiago, Vicki L. Sato, Gerald L. Storch, Karen H. Vousden with JURY DEMAND.Document filed by Mangrove Partners Master Fund, Ltd., SM Investors, L.P., SM Merger/Arbitrage, L.P., Ehab Khalil, SM Investors II, L.P.. Related document: #94 Amended Complaint,, #1 Complaint,..(Eisenkraft, Michael)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Michael Benjamin Eisenkraft to RE-FILE Document No. #94 Amended Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct. Pleading reflects title "Complaint". 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. (vf)
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Filing 94
FILING ERROR - DEFICIENT PLEADING - PDF ERROR - AMENDED COMPLAINT amending #1 Complaint, against Peter J. Arduini, Charles Bancroft, Robert Bertolini, Bristol-Myers Squibb Company, Giovanni Caforio, David V. Elkins, Matthew W. Emmens, Michael Grobstein, Samit Hirawat, Ehab Khalil, Alan J. Lacy, Dinesh C. Paliwal, Theodore R. Samuels, Karen M. Santiago, Vicki L. Sato, Star V Partners LLC, Gerald L. Storch, Karen H. Vousden with JURY DEMAND.Document filed by Mangrove Partners Master Fund, Ltd., SM Investors, L.P., SM Merger/Arbitrage, L.P., Ehab Khalil, SM Investors II, L.P.. Related document: #1 Complaint,..(Eisenkraft, Michael) Modified on 2/23/2022 (vf).
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Filing 93
MEMO ENDORSEMENT on re: #92 Letter Pleading and Briefing Issues, filed by Gerald L. Storch, Alan J. Lacy, Matthew W. Emmens, Dinesh C. Paliwal, Peter J. Arduini, Michael Grobstein, Samit Hirawat, Karen M. Santiago, Vicki L. Sato, Theodore R. Samuels, David V. Elkins, Charles Bancroft, Robert Bertolini, Giovanni Caforio, Karen H. Vousden, Bristol-Myers Squibb Company. ENDORSEMENT: Application GRANTED. The parties' proposed schedule hereby is adopted, and the page limit extensions granted. SO ORDERED., ( Amended Pleadings due by 2/22/2022, All defendants to respond to the operative complaint by 4/8/2022, Responses due by 5/23/2022, Replies due by 6/13/2022.) (Signed by Judge Jesse M. Furman on 1/6/22) (yv) Modified on 1/12/2022 (lb).
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Filing 92
JOINT LETTER addressed to Judge Jesse M. Furman from Counsel for All Parties dated January 5, 2022 re: Pleading and Briefing Issues. Document filed by Peter J. Arduini, Charles Bancroft, Robert Bertolini, Bristol-Myers Squibb Company, Giovanni Caforio, David V. Elkins, Matthew W. Emmens, Michael Grobstein, Samit Hirawat, Alan J. Lacy, Dinesh C. Paliwal, Theodore R. Samuels, Karen M. Santiago, Vicki L. Sato, Gerald L. Storch, Karen H. Vousden..(Clarke, John)
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Minute Entry for proceedings held before Judge Jesse M. Furman: Hearing re Appointment of Lead Counsel held via teleconference on 12/22/2021. Andrew Entwistle and Frank McConville for Plaintiff CVR Holders Group (SM Merger/Arbitrage, L.P. et al). Steven J. Toll and Michael Eisenkraft for Plaintiff Mangrove Partners. John J. Clarke, Jr. and Jessica A. Masella for Defendants. Court reporter present. (ab)
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Filing 91
ORDER APPOINTING MANGROVE PARTNERS MASTER FUND, LTD. AS LEAD PLAINTIFF, APPROVING ITS SELECTION OF LEAD COUNSEL, AND CONSOLIDATING RELATED ACTIONS granting (61) Motion to Appoint in case 1:21-cv-08255-JMF; granting (8) Motion to Appoint in case 1:21-cv-10351-JMF. IT IS HEREBY ORDERED for the reasons stated on the record at the hearing held earlier today THAT: 1. Mangrove Partners' Motion is GRANTED. 2. Mangrove Partners is APPOINTED to serve as Lead Plaintiff pursuant to Section 27(a)(3)(B) of the Securities Act of 1933, 15 U.S.C. 77z-1(a)(3)(B), and Section 21D(a)(3)(B) of the Securities Exchange Act of 1934, 15 U.S.C. 78u-4(a)(3)(B), as amended by the Private Securities Litigation Reform Act of 1995, in the above-captioned actions and all related actions consolidated pursuant to paragraphs 4 and 5 of this Order. 3. Mangrove Partners' selection of Lead Counsel is APPROVED, and Cohen Milstein Sellers & Toll PLLC is APPOINTED as Lead Counsel for the Class. 4. Pursuant to Rule 42(a) of the Federal Rules of Civil Procedure ("Rule 42(a)"), SM Merger/Arbitrage, L.P., et al., v. Bristol-Myers Squibb Co., et al., 1:21-CV-08255 (S.D.N.Y) is consolidated with Khalil v. Bristol-Myers Squibb Co., et al., 1:21-CV-10351 (S.D.N.Y) (collectively, the "Consolidated Action"). The Consolidated Action shall be captioned "In re Bristol-Myers Squibb Company CVR Securities Litigation" and the file shall be maintained under Master File No. 1:21-CV-08255-JMF. The Clerk of Court is directed to update the docket accordingly. IT IS SO ORDERED. (Signed by Judge Jesse M. Furman on 12/22/21) Filed In Associated Cases: 1:21-cv-08255-JMF, 1:21-cv-10351-JMF (yv)
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Filing 90
ORDER granting #87 Motion for Steven Jeffrey Toll to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #87 MOTION for Steven Jeffrey Toll to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25496905. 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 89
NOTICE OF APPEARANCE by Francis Paul McConville on behalf of Blackwell Partners LLC Series A, Maso Capital Arbitrage Fund Limited, Maso Capital Investments Limited, SM Investors II, L.P., SM Investors, L.P., SM Merger/Arbitrage, L.P., Star V Partners LLC..(McConville, Francis)
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Filing 88
NOTICE OF APPEARANCE by Laura Helen Posner on behalf of Ehab Khalil, Mangrove Partners Master Fund, Ltd...(Posner, Laura)
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Filing 87
MOTION for Steven Jeffrey Toll to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25496905. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ehab Khalil, Mangrove Partners Master Fund, Ltd.. (Attachments: #1 Exhibit A - Declaration, #2 Exhibit B - Certificate of Good Standing, #3 Exhibit C - Certificate of Good Standing, #4 Text of Proposed Order).(Toll, Steven)
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Filing 86
DECLARATION of Salvatore Muoio and Manoj Jain in Support re: #65 MOTION to Appoint SM Merger/Arbitrage, L.P., SM Investors, L.P., SM Investors II, L.P., Maso Capital Investments Limited, Maso Capital Arbitrage Fund Limited, Blackwell Partners LLC Series A and Star V Partners LLC to serve as lead plaintiff(s) <. Document filed by Blackwell Partners LLC Series A, Maso Capital Arbitrage Fund Limited, Maso Capital Investments Limited, SM Investors II, L.P., SM Investors, L.P., SM Merger/Arbitrage, L.P., Star V Partners LLC. (Attachments: #1 Exhibit A, #2 Exhibit B).(Cappucci, Vincent)
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Filing 85
REPLY MEMORANDUM OF LAW in Support re: #65 MOTION to Appoint SM Merger/Arbitrage, L.P., SM Investors, L.P., SM Investors II, L.P., Maso Capital Investments Limited, Maso Capital Arbitrage Fund Limited, Blackwell Partners LLC Series A and Star V Partners LLC to serve as lead plaintiff(s) < . Document filed by Blackwell Partners LLC Series A, Maso Capital Arbitrage Fund Limited, Maso Capital Investments Limited, SM Investors II, L.P., SM Investors, L.P., SM Merger/Arbitrage, L.P., Star V Partners LLC..(Cappucci, Vincent)
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Filing 84
REPLY MEMORANDUM OF LAW in Support re: #61 MOTION to Appoint Mangrove Partners Master Fund, Ltd. to serve as lead plaintiff(s) . . Document filed by Mangrove Partners Master Fund, Ltd...(Eisenkraft, Michael)
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Filing 83
AFFIDAVIT OF SERVICE of Order (ECF No. 76) served on All Defendants on December 16, 2021. Service was accepted by John Clarke, Jr.. Document filed by SM Investors II, L.P., SM Investors, L.P., SM Merger/Arbitrage, L.P...(Cappucci, Vincent)
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Filing 82
ORDER granting #78 Motion for Joshua Handelsman to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #78 MOTION for Joshua Handelsman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25473603. 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 81
RESPONSE to Motion re: #65 MOTION to Appoint SM Merger/Arbitrage, L.P., SM Investors, L.P., SM Investors II, L.P., Maso Capital Investments Limited, Maso Capital Arbitrage Fund Limited, Blackwell Partners LLC Series A and Star V Partners LLC to serve as lead plaintiff(s) <, #61 MOTION to Appoint Mangrove Partners Master Fund, Ltd. to serve as lead plaintiff(s) . . Document filed by Peter J. Arduini, Charles Bancroft, Robert Bertolini, Bristol-Myers Squibb Company, Giovanni Caforio, David V. Elkins, Matthew W. Emmens, Michael Grobstein, Samit Hirawat, Alan J. Lacy, Dinesh C. Paliwal, Theodore R. Samuels, Karen M. Santiago, Vicki L. Sato, Gerald L. Storch, Karen H. Vousden..(Clarke, John)
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Filing 80
MEMORANDUM OF LAW in Opposition re: #61 MOTION to Appoint Mangrove Partners Master Fund, Ltd. to serve as lead plaintiff(s) . . Document filed by Maso Capital Arbitrage Fund Limited, Maso Capital Investments Limited, SM Investors II, L.P., SM Investors, L.P., SM Merger/Arbitrage, L.P., Star V Partners LLC..(Cappucci, Vincent)
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Filing 79
MEMORANDUM OF LAW in Opposition re: #65 MOTION to Appoint SM Merger/Arbitrage, L.P., SM Investors, L.P., SM Investors II, L.P., Maso Capital Investments Limited, Maso Capital Arbitrage Fund Limited, Blackwell Partners LLC Series A and Star V Partners LLC to serve as lead plaintiff(s) < . Document filed by Mangrove Partners Master Fund, Ltd...(Eisenkraft, Michael)
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Filing 78
MOTION for Joshua Handelsman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25473603. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ehab Khalil, Mangrove Partners Master Fund, Ltd.. (Attachments: #1 Affidavit, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order).(Handelsman, Joshua)
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Filing 77
AFFIDAVIT OF SERVICE of Order (ECF No. 76) served on John Clarke, Jr. on December 14, 2021. Service was accepted by John J. Clarke, Jr.. Service was made by Email. Document filed by Ehab Khalil..(Eisenkraft, Michael)
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Filing 76
ORDER. It is hereby ordered that pursuant to Rule 42(a)(2) of the Federal Rules of Civil Procedure, they are consolidated under the case number 21-CV-8255. The motion deadlines and the hearing date in appointing a lead plaintiff will proceed as previously ordered. (21-CV-8255, Docket No. 71). It is further ORDERED that the named plaintiffs shall promptly serve a copy of this Order on each of the defendants and file proof of service on the docket. The Clerk of court is directed to consolidate 21-CV-8255 and 21-CV-10351 under case number 21-CV-8255, and to close 21-CV-10351. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/14/21) Filed In Associated Cases: 1:21-cv-08255-JMF, 1:21-cv-10351-JMF (yv)
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Filing 75
JOINT LETTER addressed to Judge Jesse M. Furman from Counsel for All Parties dated December 13, 2021 re: Order Entered on Dec. 7, 2021 [ECF No. 68]. Document filed by SM Investors II, L.P., SM Investors, L.P., SM Merger/Arbitrage, L.P...(Entwistle, Andrew)
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Filing 74
AFFIDAVIT OF SERVICE of Order (ECF No. 68) served on John Clarke, Jr. on December 9, 2021. Service was made by FedEx Overnight Delivery. Document filed by Ehab Khalil..(Eisenkraft, Michael)
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Filing 73
MEMO ENDORSEMENT on re: (72 in 1:21-cv-08255-JMF) Letter Order Entered on Dec. 1, 2021 [ECF No. 59], filed by Gerald L. Storch, Alan J. Lacy, Matthew W. Emmens, Dinesh C. Paliwal, Peter J. Arduini, Michael Grobstein, Vicki L. Sato, Theodore R. Samuels, Robert Bertolini, Giovanni Caforio, Karen H. Vousden, Bristol-Myers Squibb Company, (16 in 1:21-cv-09998-JMF) Letter, filed by Mangrove Partners Master Fund, Ltd., Gerald L. Storch, Alan J. Lacy, Matthew W. Emmens, Peter J. Arduini, Michael Grobstein, Karen M. Santiago, Theodore R. Samuels, Vicki L. Sato, Charles Bancroft, Robert Bertolini, Giovanni Caforio, Karen H. Vousden, Bristol-Myers Squibb Company, Dinesh Paliwal. ENDORSEMENT: The Court will defer a decision on consolidation until a decision on remand has been reached. Any motion to remand in Case No. 21-CV-9998 shall be filed by December 27, 2021. Any opposition shall be filed by January 10, 2022. Any reply shall be filed by January 17, 2022. SO ORDERED., ( Motions due by 12/27/2021., Responses due by 1/10/2022, Replies due by 1/17/2022.) (Signed by Judge Jesse M. Furman on 12/8/21) (yv)
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Filing 72
JOINT LETTER addressed to Judge Jesse M. Furman from Counsel for All Parties dated December 8, 2021 re: Order Entered on Dec. 1, 2021 [ECF No. 59]. Document filed by Peter J. Arduini, Robert Bertolini, Bristol-Myers Squibb Company, Giovanni Caforio, Matthew W. Emmens, Michael Grobstein, Alan J. Lacy, Dinesh C. Paliwal, Theodore R. Samuels, Vicki L. Sato, Gerald L. Storch, Karen H. Vousden..(Clarke, John)
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Filing 71
ORDER, Plaintiff's counsel notified the Court that the required notice was published on October 6, 2021. ECF No. 70. Members of the purported class therefore had until December 6, 2021, to move the Court to serve as lead plaintiffs. Several motions were indeed filed by that date. Any opposition to these motions shall be served and filed by December 15, 2021. Any replies shall be filed by December 20, 2021. Finally, unless and until the Court orders otherwise, a telephone conference shall be held on December 22, 2021, at 11:15 a.m. to consider any motions for appointment of lead plaintiff and lead counsel and for consolidation. To access the conference, counsel should call 888-363-4749 and use access code 5421540#. Members of the press and public may call the same number, but will not be permitted to speak during the conference. Participants are reminded to follow the procedures for teleconferences described in the Court's Individual Rules and Practices, which are available at https://nysd.uscourts.gov/hon-jesse-m-furman. Among other things, those procedures require counsel to provide advance notice of who will participate in the conference and the telephone numbers they will use to participate. It is further ORDERED that the named plaintiffs shall promptly serve a copy of this Order on each of the defendants. SO ORDERED. ( Responses due by 12/15/2021, Replies due by 12/20/2021., Telephone Conference set for 12/22/2021 at 11:15 AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 12/8/21) (yv)
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Filing 70
LETTER addressed to Judge Jesse M. Furman from Andrew J. Entwistle dated December 7, 2021 re: Order dated December 7, 2021, ECF 69. Document filed by SM Investors II, L.P., SM Investors, L.P., SM Merger/Arbitrage, L.P.. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Entwistle, Andrew)
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Filing 69
ORDER. It is hereby ORDERED that no later than December 10, 2021, Plaintiffs shall advise the Court in writing of the date and manner in which it published this notice. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/7/21) (yv)
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Filing 68
ORDER. Counsel for the parties in both cases are directed to confer with one another and, no later than December 13, 2021, to submit a joint letter addressing the parties positions on how the Court should proceed with the new case, including whether the cases should be consolidated, see Fed. R. Civ. P. 42; whether there is a need for a conference to discuss coordination of the two cases (or anything else); and anything else the parties think appropriately bears on the Court's management of the cases going forward. Unless and until the Court orders otherwise, the deadlines in 21-CV-8255 (see Docket No. 40) remain in effect. It is further ORDERED that the plaintiffs in 21-CV-10351 shall promptly serve a copy of this Order on the defendants and file proof of service on the docket.SO ORDERED. (Signed by Judge Jesse M. Furman on 12/7/21) (yv)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #64 Proposed Order was reviewed and approved as to form. (km)
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Filing 67
DECLARATION of Vincent R. Cappucci in Support re: #65 MOTION to Appoint SM Merger/Arbitrage, L.P., SM Investors, L.P., SM Investors II, L.P., Maso Capital Investments Limited, Maso Capital Arbitrage Fund Limited, Blackwell Partners LLC Series A and Star V Partners LLC to serve as lead plaintiff(s) <. Document filed by Blackwell Partners LLC Series A, Maso Capital Arbitrage Fund Limited, Maso Capital Investments Limited, SM Investors II, L.P., SM Investors, L.P., SM Merger/Arbitrage, L.P., Star V Partners LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Cappucci, Vincent)
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Filing 66
MEMORANDUM OF LAW in Support re: #65 MOTION to Appoint SM Merger/Arbitrage, L.P., SM Investors, L.P., SM Investors II, L.P., Maso Capital Investments Limited, Maso Capital Arbitrage Fund Limited, Blackwell Partners LLC Series A and Star V Partners LLC to serve as lead plaintiff(s) < . Document filed by Blackwell Partners LLC Series A, Maso Capital Arbitrage Fund Limited, Maso Capital Investments Limited, SM Investors II, L.P., SM Investors, L.P., SM Merger/Arbitrage, L.P., Star V Partners LLC..(Cappucci, Vincent)
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Filing 65
MOTION to Appoint SM Merger/Arbitrage, L.P., SM Investors, L.P., SM Investors II, L.P., Maso Capital Investments Limited, Maso Capital Arbitrage Fund Limited, Blackwell Partners LLC Series A and Star V Partners LLC to serve as lead plaintiff(s) . Document filed by SM Investors II, L.P., SM Investors, L.P., SM Merger/Arbitrage, L.P., Maso Capital Investments Limited, Maso Capital Arbitrage Fund Limited, Blackwell Partners LLC Series A, Star V Partners LLC. (Attachments: #1 Text of Proposed Order).(Cappucci, Vincent)
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Filing 64
PROPOSED ORDER. Document filed by Mangrove Partners Master Fund, Ltd.. Related Document Number: #61 ..(Eisenkraft, Michael) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 63
DECLARATION of Michael B. Eisenkraft in Support re: #61 MOTION to Appoint Mangrove Partners Master Fund, Ltd. to serve as lead plaintiff(s) .. Document filed by Mangrove Partners Master Fund, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F).(Eisenkraft, Michael)
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Filing 62
MEMORANDUM OF LAW in Support re: #61 MOTION to Appoint Mangrove Partners Master Fund, Ltd. to serve as lead plaintiff(s) . . Document filed by Mangrove Partners Master Fund, Ltd...(Eisenkraft, Michael)
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Filing 61
MOTION to Appoint Mangrove Partners Master Fund, Ltd. to serve as lead plaintiff(s) . Document filed by Mangrove Partners Master Fund, Ltd...(Eisenkraft, Michael)
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Filing 60
FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #61) MOTION to Appoint Ehab Khalil to serve as lead plaintiff(s) . Document filed by Ehab Khalil..(Eisenkraft, Michael) Modified on 12/8/2021 (lb).
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Filing 59
ORDER: The Court has accepted Williams v. Bristol Myers Squibb Company et al., No. 21-CV-9998, as related to SM Merger/Arbitrage L.P. et al v. Bristol-Myers Squibb Company et al., No. 21-CV-8255. In the interests of judicial economy, counsel for the parties in both cases are directed to confer with one another and, no later than December 8, 2021, to submit a joint letter addressing the parties' positions on how the Court should proceed with the new case, including whether the cases should be consolidated, see Fed. R. Civ. P. 42; whether there is a need for a conference to discuss coordination of the two cases (or anything else); and anything else the parties think appropriately bears on the Court's management of the cases going forward. Unless and until the Court orders otherwise, the deadlines in 21-CV-8255 (see Docket No. 40) remain in effect. It is further ORDERED that the defendants in 21-CV-9998 shall promptly serve a copy of this Order on the plaintiff and file proof of service on the docket. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/1/2021) (va)
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Filing 58
NOTICE OF APPEARANCE by Jessica Ann Masella on behalf of Peter J. Arduini, Robert Bertolini, Bristol-Myers Squibb Company, Giovanni Caforio, Matthew W. Emmens, Michael Grobstein, Alan J. Lacy, Dinesh C. Paliwal, Theodore R. Samuels, Vicki L. Sato, Gerald L. Storch, Karen H. Vousden..(Masella, Jessica)
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Filing 57
NOTICE OF APPEARANCE by Steven Rosato on behalf of Peter J. Arduini, Robert Bertolini, Bristol-Myers Squibb Company, Giovanni Caforio, Matthew W. Emmens, Michael Grobstein, Alan J. Lacy, Dinesh C. Paliwal, Theodore R. Samuels, Vicki L. Sato, Gerald L. Storch, Karen H. Vousden..(Rosato, Steven)
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Filing 56
NOTICE OF APPEARANCE by Jessica Park Wright on behalf of Peter J. Arduini, Robert Bertolini, Bristol-Myers Squibb Company, Giovanni Caforio, Matthew W. Emmens, Michael Grobstein, Alan J. Lacy, Dinesh C. Paliwal, Theodore R. Samuels, Vicki L. Sato, Gerald L. Storch, Karen H. Vousden..(Wright, Jessica)
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Filing 55
NOTICE OF APPEARANCE by John J. Clarke, Jr on behalf of Peter J. Arduini, Robert Bertolini, Bristol-Myers Squibb Company, Giovanni Caforio, Matthew W. Emmens, Michael Grobstein, Alan J. Lacy, Dinesh C. Paliwal, Theodore R. Samuels, Vicki L. Sato, Gerald L. Storch, Karen H. Vousden..(Clarke, John)
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Filing 54
WAIVER OF SERVICE RETURNED EXECUTED. Karen H. Vousden waiver sent on 10/15/2021, answer due 1/13/2022. Document filed by SM Investors II, L.P.; SM Investors, L.P.; SM Merger/Arbitrage, L.P...(Cappucci, Vincent)
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Filing 53
WAIVER OF SERVICE RETURNED EXECUTED. Gerald L. Storch waiver sent on 10/15/2021, answer due 12/14/2021. Document filed by SM Investors II, L.P.; SM Investors, L.P.; SM Merger/Arbitrage, L.P...(Cappucci, Vincent)
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Filing 52
WAIVER OF SERVICE RETURNED EXECUTED. Vicki L. Sato waiver sent on 10/15/2021, answer due 12/14/2021. Document filed by SM Investors II, L.P.; SM Investors, L.P.; SM Merger/Arbitrage, L.P...(Cappucci, Vincent)
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Filing 51
WAIVER OF SERVICE RETURNED EXECUTED. Theodore R. Samuels waiver sent on 10/15/2021, answer due 12/14/2021. Document filed by SM Investors II, L.P.; SM Investors, L.P.; SM Merger/Arbitrage, L.P...(Cappucci, Vincent)
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Filing 50
WAIVER OF SERVICE RETURNED EXECUTED. Dinesh C. Paliwal waiver sent on 10/15/2021, answer due 12/14/2021. Document filed by SM Investors II, L.P.; SM Investors, L.P.; SM Merger/Arbitrage, L.P...(Cappucci, Vincent)
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Filing 49
WAIVER OF SERVICE RETURNED EXECUTED. Alan J. Lacy waiver sent on 10/15/2021, answer due 12/14/2021. Document filed by SM Investors II, L.P.; SM Investors, L.P.; SM Merger/Arbitrage, L.P...(Cappucci, Vincent)
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Filing 48
WAIVER OF SERVICE RETURNED EXECUTED. Michael Grobstein waiver sent on 10/15/2021, answer due 12/14/2021. Document filed by SM Investors II, L.P.; SM Investors, L.P.; SM Merger/Arbitrage, L.P...(Cappucci, Vincent)
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Filing 47
WAIVER OF SERVICE RETURNED EXECUTED. Matthew W. Emmens waiver sent on 10/15/2021, answer due 12/14/2021. Document filed by SM Investors II, L.P.; SM Investors, L.P.; SM Merger/Arbitrage, L.P...(Cappucci, Vincent)
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Filing 46
WAIVER OF SERVICE RETURNED EXECUTED. Giovanni Caforio waiver sent on 10/15/2021, answer due 12/14/2021. Document filed by SM Investors II, L.P.; SM Investors, L.P.; SM Merger/Arbitrage, L.P...(Cappucci, Vincent)
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Filing 45
WAIVER OF SERVICE RETURNED EXECUTED. Robert Bertolini waiver sent on 10/15/2021, answer due 12/14/2021. Document filed by SM Investors II, L.P.; SM Investors, L.P.; SM Merger/Arbitrage, L.P...(Cappucci, Vincent)
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Filing 44
WAIVER OF SERVICE RETURNED EXECUTED. Peter J. Arduini waiver sent on 10/15/2021, answer due 12/14/2021. Document filed by SM Investors II, L.P.; SM Investors, L.P.; SM Merger/Arbitrage, L.P...(Cappucci, Vincent)
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Filing 43
MEMO ENDORSEMENT on re: (31 in 1:21-cv-04897-JMF) Letter October 13, 2021 Order [ECF No. 27] filed by UMB Bank, N.A., (41 in 1:21-cv-08255-JMF) Letter October 13, 2021 Order [ECF No. 27], filed by SM Investors II, L.P., SM Investors, L.P., SM Merger/Arbitrage, L.P. ENDORSEMENT: The Court will not consolidate these actions at this time. Moreover, the Court agrees that it would be premature at this stage to address whether discovery in the two proceedings should be coordinated. Accordingly, the application of Plaintiffs in Case No. 21-cv-8255 is hereby DENIED without prejudice to raise the issue again once any motions to dismiss the operative complaint in both cases have been resolved. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/3/21) (yv)
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Filing 42
MEMO ENDORSEMENT on re: #41 Letter October 13, 2021 Order [ECF 32], filed by SM Investors II, L.P., SM Investors, L.P., SM Merger/Arbitrage, L.P. ENDORSEMENT: The Court will not consolidate these actions at this time. Moreover, the Court agrees that it would be premature at this stage to address whether discovery in the two proceedings should be coordinated. Accordingly, the application of Plaintiffs in Case No. 21-cv-8255 is hereby DENIED without prejudice to raise the issue again once any motions to dismiss the operative complaint in both cases have been resolved. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/2/21) (yv)
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Filing 41
LETTER addressed to Judge Jesse M. Furman from Andrew J. Entwistle, John J. Clarke, Jr. and David Elsberg dated November 2, 2021 re: October 13, 2021 Order [ECF 32]. Document filed by SM Investors II, L.P., SM Investors, L.P., SM Merger/Arbitrage, L.P...(Entwistle, Andrew)
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Filing 40
STIPULATION AND ORDER EXTENDING TIME: NOW, THEREFORE, THE PARTIES STIPULATE AND AGREE, subject to the approvalof the Court, as follows: The defendants shall not be required to answer or otherwise respond to the Complaint. Promptly after the Court has entered an order appointing lead plaintiff (s) pursuant to the PSLRA ("Lead Plaintiff Order"), lead plaintiff(s)'s counsel and counsel for BMS shall confer and agree upon a proposed schedule for: the filing of an amended complaint (or the designation of the Complaint as the operative complaint); the defendants' response to that pleading; and the schedule for briefing with respect to any motion filed by the defendants in lieu of an answer. No later than fourteen (14) days after entry of the Lead Plaintiff Order, the parties shall jointly submit a letter to the Court proposing the agreed- upon schedule for further proceedings discussed in accordance with the preceding paragraph. SO ORDERED. The Clerk of Court is directed to terminate Docket No. 36. Motions terminated: #36 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Jesse M. Furman from John J. Clarke, Jr. dated October 27, 2021. filed by Bristol-Myers Squibb Company. (Signed by Judge Jesse M. Furman on 10/29/2021) (js)
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Filing 39
NOTICE OF APPEARANCE by Jessica Margulis on behalf of SM Investors II, L.P., SM Investors, L.P., SM Merger/Arbitrage, L.P...(Margulis, Jessica)
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Filing 38
NOTICE OF APPEARANCE by Brendan J. Brodeur on behalf of SM Investors II, L.P., SM Investors, L.P., SM Merger/Arbitrage, L.P...(Brodeur, Brendan)
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Filing 37
NOTICE OF APPEARANCE by Andrew J Entwistle on behalf of SM Investors II, L.P., SM Investors, L.P., SM Merger/Arbitrage, L.P...(Entwistle, Andrew)
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Filing 36
LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Jesse M. Furman from John J. Clarke, Jr. dated October 27, 2021. Document filed by Bristol-Myers Squibb Company. (Attachments: #1 Stipulation and Proposed Order).(Clarke, John)
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Filing 35
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bristol-Myers Squibb Company..(Clarke, John)
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Filing 34
NOTICE OF APPEARANCE by John J. Clarke, Jr on behalf of Bristol-Myers Squibb Company..(Clarke, John)
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Filing 33
AFFIDAVIT OF SERVICE of Summons and Complaint,. Bristol-Myers Squibb Company served on 10/13/2021, answer due 11/3/2021. Service was accepted by Kartik Pandya, Intake Specialist. Document filed by SM Investors II, L.P.; SM Investors, L.P.; SM Merger/Arbitrage, L.P...(Cappucci, Vincent)
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Filing 32
ORDER. In the interests of judicial economy, counsel for the parties in both cases are directed to confer with one another and, no later than November 2, 2021, to submit a joint letter addressing the parties' positions on how the Court should proceed with the new case, including whether the cases should be consolidated, see Fed. R. Civ. P. 42; whether there is a need for a conference to discuss coordination of the two cases (or anything else); and anything else the parties think appropriately bears on the Court's management of the cases going forward. Unless and until the Court orders otherwise, the motion deadlines in 21-CV-4897 (see Docket No. 19) remain in effect. It is further ORDERED that the plaintiffs in 21-CV-8255 shall promptly serve a copy of this Order on each of the defendants and file proof of service on the docket. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/12/21) (yv)
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CASE ACCEPTED AS RELATED. Create association to 1:21-cv-04897-JMF. Notice of Assignment to follow. (aea)
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NOTICE OF CASE REASSIGNMENT to Judge Jesse M. Furman. Judge Unassigned is no longer assigned to the case. (aea)
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Magistrate Judge Barbara C. Moses 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. (aea)
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Filing 31
ELECTRONIC SUMMONS ISSUED as to Bristol-Myers Squibb Company..(pc)
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Filing 30
ELECTRONIC SUMMONS ISSUED as to Peter J. Arduini..(pc)
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Filing 29
ELECTRONIC SUMMONS ISSUED as to Giovanni Caforio..(pc)
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Filing 28
ELECTRONIC SUMMONS ISSUED as to Vicki L. Sato..(pc)
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Filing 27
ELECTRONIC SUMMONS ISSUED as to Robert Bertolini..(pc)
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Filing 26
ELECTRONIC SUMMONS ISSUED as to Alan J. Lacy..(pc)
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Filing 25
ELECTRONIC SUMMONS ISSUED as to Michael Grobstein..(pc)
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Filing 24
ELECTRONIC SUMMONS ISSUED as to Matthew W. Emmens..(pc)
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Filing 23
ELECTRONIC SUMMONS ISSUED as to Dinesh C. Paliwal..(pc)
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Filing 22
ELECTRONIC SUMMONS ISSUED as to Gerald L. Storch..(pc)
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Filing 21
ELECTRONIC SUMMONS ISSUED as to Theodore R. Samuels..(pc)
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Filing 20
ELECTRONIC SUMMONS ISSUED as to Karen H. Vousden..(pc)
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Filing 19
REQUEST FOR ISSUANCE OF SUMMONS as to Karen H. Vousden, re: #1 Complaint,. Document filed by SM Investors II, L.P., SM Investors, L.P., SM Merger/Arbitrage, L.P...(Cappucci, Vincent)
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Filing 18
REQUEST FOR ISSUANCE OF SUMMONS as to Gerald L. Storch, re: #1 Complaint,. Document filed by SM Investors II, L.P., SM Investors, L.P., SM Merger/Arbitrage, L.P...(Cappucci, Vincent)
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Filing 17
REQUEST FOR ISSUANCE OF SUMMONS as to Theodore R. Samuels, re: #1 Complaint,. Document filed by SM Investors II, L.P., SM Investors, L.P., SM Merger/Arbitrage, L.P...(Cappucci, Vincent)
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Filing 16
REQUEST FOR ISSUANCE OF SUMMONS as to Dinesh C. Paliwal, re: #1 Complaint,. Document filed by SM Investors II, L.P., SM Investors, L.P., SM Merger/Arbitrage, L.P...(Cappucci, Vincent)
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Filing 15
REQUEST FOR ISSUANCE OF SUMMONS as to Alan J. Lacy, re: #1 Complaint,. Document filed by SM Investors II, L.P., SM Investors, L.P., SM Merger/Arbitrage, L.P...(Cappucci, Vincent)
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Filing 14
REQUEST FOR ISSUANCE OF SUMMONS as to Michael Grobstein, re: #1 Complaint,. Document filed by SM Investors II, L.P., SM Investors, L.P., SM Merger/Arbitrage, L.P...(Cappucci, Vincent)
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Filing 13
REQUEST FOR ISSUANCE OF SUMMONS as to Matthew W. Emmens, re: #1 Complaint,. Document filed by SM Investors II, L.P., SM Investors, L.P., SM Merger/Arbitrage, L.P...(Cappucci, Vincent)
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Filing 12
REQUEST FOR ISSUANCE OF SUMMONS as to Robert Bertolini, re: #1 Complaint,. Document filed by SM Investors II, L.P., SM Investors, L.P., SM Merger/Arbitrage, L.P...(Cappucci, Vincent)
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Filing 11
REQUEST FOR ISSUANCE OF SUMMONS as to Peter J. Arduini, re: #1 Complaint,. Document filed by SM Investors II, L.P., SM Investors, L.P., SM Merger/Arbitrage, L.P...(Cappucci, Vincent)
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Filing 10
REQUEST FOR ISSUANCE OF SUMMONS as to Vicki L. Sato, re: #1 Complaint,. Document filed by SM Investors II, L.P., SM Investors, L.P., SM Merger/Arbitrage, L.P...(Cappucci, Vincent)
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Filing 9
REQUEST FOR ISSUANCE OF SUMMONS as to Giovanni Caforio, re: #1 Complaint,. Document filed by SM Investors II, L.P., SM Investors, L.P., SM Merger/Arbitrage, L.P...(Cappucci, Vincent)
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Filing 8
REQUEST FOR ISSUANCE OF SUMMONS as to Bristol-Myers Squibb Company, re: #1 Complaint,. Document filed by SM Investors II, L.P., SM Investors, L.P., SM Merger/Arbitrage, L.P...(Cappucci, Vincent)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Vincent Roger Cappucci. The party information for the following party/parties has been modified: SM Merger/Arbitrage, L.P.; SM Investors, L.P.; SM Investors II, L.P.. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (jgo)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(jgo)
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Case Designated ECF. (jgo)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Vincent Roger Cappucci to RE-FILE Document No. #6 Request for Issuance of Summons,,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; each summons request must be filed separately OR one summons request may be filed including all of the party names on the PDF 'To' section or attaching a rider/addendum. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo)
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CASE REFERRED TO Judge Jesse M. Furman as possibly related to 21-cv-4897. (jgo)
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Filing 7
STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:21-cv-04897. Document filed by SM Investors II, L.P., SM Investors, L.P., SM Merger/Arbitrage, L.P...(Cappucci, Vincent)
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Filing 6
FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Bristol-Myers Squibb Company, Giovanni Caforio, Vicki L. Sato, Peter J. Arduini, Robert Bertolini, Matthew W. Emmens, Michael Grobstein, Alan J. Lacy, Dinesh C. Paliwal, Theodore R. Samuels, Gerald L. Storch and Karen H. Vousden, re: #1 Complaint,. Document filed by SM Investors II, L.P., SM Investors, L.P., SM Merger/Arbitrage, L.P...(Cappucci, Vincent) Modified on 10/7/2021 (jgo).
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Filing 5
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by SM Investors II, L.P...(Cappucci, Vincent)
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Filing 4
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by SM Investors, L.P...(Cappucci, Vincent)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by SM Merger/Arbitrage, L.P...(Cappucci, Vincent)
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Filing 2
CIVIL COVER SHEET filed..(Cappucci, Vincent)
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Filing 1
COMPLAINT against Peter J. Arduini, Robert Bertolini, Bristol-Myers Squibb Company, Giovanni Caforio, Matthew W. Emmens, Michael Grobstein, Alan J. Lacy, Dinesh C. Paliwal, Theodore R. Samuels, Vicki L. Sato, Gerald L. Storch, Karen H. Vousden. (Filing Fee $ 402.00, Receipt Number ANYSDC-25160086)Document filed by SM Investors II, L.P., SM Investors, L.P., SM Merger/Arbitrage, L.P...(Cappucci, Vincent)
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