Williams v. Bristol-Myers Squibb Company et al
| Tara Williams |
| Bristol-Myers Squibb Company, Giovanni Caforio, Charles Bancroft, Karen M. Santiago, Vicki L. Sato, Peter J. Arduini, Robert Bertolini, Matthew W. Emmens, Michael Grobstein, Alan J. Lacy, Dinesh Paliwal, Theodore R. Samuels, Gerald L. Storch and Karen H. Vousden |
| Mangrove Partners Master Fund, Ltd. |
| 1:2021cv09998 |
| November 24, 2021 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity Action |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 19, 2022. A more recent docket listing may be available from PACER.
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Filing 25
MEMORANDUM OPINION AND ORDER re: #21 MOTION to Remand to State Court . filed by Tara Williams. In short, by its terms, CAFA does not provide for subject-matter jurisdiction over this case. As that was the sole basis on which Defendants removed the case to this Court, see Notice of Removal 1, it follows that the case must be and is remanded back to the state court from whence it came. The Clerk of Court is directed to remand this case back to New York Supreme Court, to terminate ECF No. 21, and to close the case on this Court's docket. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/16/22) (yv) Transmission to Docket Assistant Clerk for processing.
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CASE REMANDED OUT from the U.S.D.C. Southern District of New York to the State Court - Supreme Court of the State of New York, County of New York. Sent certified copy of docket entries and remand order. Mailed via UPS Tracking Number 1ze22e533710074401 on 9/19/22. (yv)
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Filing 24
ORDER terminating #11 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 23
REPLY MEMORANDUM OF LAW in Support re: #21 MOTION to Remand to State Court . . Document filed by Tara Williams..(Squitieri, Olimpio)
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Filing 22
MEMORANDUM OF LAW in Opposition re: #21 MOTION to Remand to State Court . . Document filed by Peter J. Arduini, Charles Bancroft, Robert Bertolini, Bristol-Myers Squibb Company, Giovanni Caforio, Matthew W. Emmens, Michael Grobstein, Alan J. Lacy, Dinesh Paliwal, Theodore R. Samuels, Karen M. Santiago, Vicki L. Sato, Gerald L. Storch, Karen H. Vousden..(Clarke, John)
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Filing 21
MOTION to Remand to State Court . Document filed by Tara Williams. (Attachments: #1 Memorandum Of Law In Support of Motion To Remand, #2 Text of Proposed Order).(Squitieri, Olimpio)
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Filing 20
NOTICE OF APPEARANCE by Jessica Park Wright on behalf of Peter J. Arduini, Charles Bancroft, Robert Bertolini, Bristol-Myers Squibb Company, Giovanni Caforio, Matthew W. Emmens, Michael Grobstein, Alan J. Lacy, Dinesh Paliwal, Theodore R. Samuels, Karen M. Santiago, Vicki L. Sato, Gerald L. Storch, Karen H. Vousden..(Wright, Jessica)
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Filing 19
NOTICE OF APPEARANCE by Steven Rosato on behalf of Peter J. Arduini, Charles Bancroft, Robert Bertolini, Bristol-Myers Squibb Company, Giovanni Caforio, Matthew W. Emmens, Michael Grobstein, Alan J. Lacy, Dinesh Paliwal, Theodore R. Samuels, Karen M. Santiago, Vicki L. Sato, Gerald L. Storch, Karen H. Vousden..(Rosato, Steven)
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Filing 18
NOTICE OF APPEARANCE by Jessica Ann Masella on behalf of Peter J. Arduini, Charles Bancroft, Robert Bertolini, Bristol-Myers Squibb Company, Giovanni Caforio, Matthew W. Emmens, Michael Grobstein, Alan J. Lacy, Dinesh Paliwal, Theodore R. Samuels, Karen M. Santiago, Vicki L. Sato, Gerald L. Storch, Karen H. Vousden..(Masella, Jessica)
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Filing 17
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 16
JOINT LETTER addressed to Judge Jesse M. Furman from Counsel for All Parties dated December 8, 2021 re: Order Entered Dec. 1, 2021 [ECF No. 5]. Document filed by Peter J. Arduini, Charles Bancroft, Robert Bertolini, Bristol-Myers Squibb Company, Giovanni Caforio, Matthew W. Emmens, Michael Grobstein, Alan J. Lacy, Mangrove Partners Master Fund, Ltd., Dinesh Paliwal, Theodore R. Samuels, Karen M. Santiago, Vicki L. Sato, Gerald L. Storch, Karen H. Vousden..(Clarke, John)
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Filing 15
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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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #14 Proposed Order was reviewed and approved as to form. (km)
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Filing 14
PROPOSED ORDER. Document filed by Mangrove Partners Master Fund, Ltd.. Related Document Number: #11 ..(Eisenkraft, Michael) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 13
DECLARATION of Michael B. Eisenkraft in Support re: #11 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 12
MEMORANDUM OF LAW in Support re: #11 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 11
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 10
NOTICE OF APPEARANCE by Olimpio Lee Squitieri on behalf of Tara Williams..(Squitieri, Olimpio)
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Filing 9
STIPULATION AND ORDER EXTENDING TIME, THE PARTIES STIPULATE AND AGREE, subject to the approval of the Court, as follows: If plaintiff files a motion to remand this action to state court on or before December 27, 2021, then the time for all defendants to move, answer, or otherwise respond to the Complaint shall be the date that is thirty (30) days after the Court enters an order resolving plaintiffs motion to remand. If plaintiff does not file a motion to remand this action to state court on or before December 27, 2021, then the time for all defendants to move, answer, or otherwise respond to the complaint shall be January 26, 2022. Nothwithstanding the dates provided for in the preceding paragraphs, the time for all defendants to respond to the complaint shall be governed by the schedule established in the SM Merger Action if this action is consolidated with that prior pending proceeding. The Clerk of Court is directed to terminate ECF No. 8. So Ordered. Motions terminated: #8 LETTER MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint addressed to Judge Jesse M. Furman from John J. Clarke, Jr. dated December 3, 2021. filed by Gerald L. Storch, Alan J. Lacy, Matthew W. Emmens, Peter J. Arduini, Michael Grobstein, Karen M. Santiago, Vicki L. Sato, Theodore R. Samuels, Charles Bancroft, Giovanni Caforio, Robert Bertolini, Karen H. Vousden, Bristol-Myers Squibb Company, Dinesh Paliwal., All Defendants.( Motions due by 1/26/2022.) (Signed by Judge Jesse M. Furman on 12/6/21) (yv)
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Filing 8
LETTER MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint addressed to Judge Jesse M. Furman from John J. Clarke, Jr. dated December 3, 2021. Document filed by Peter J. Arduini, Charles Bancroft, Robert Bertolini, Bristol-Myers Squibb Company, Giovanni Caforio, Matthew W. Emmens, Michael Grobstein, Alan J. Lacy, Dinesh Paliwal, Theodore R. Samuels, Karen M. Santiago, Vicki L. Sato, Gerald L. Storch, Karen H. Vousden. (Attachments: #1 Exhibit Stipulation and Proposed Order).(Clarke, John)
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Filing 7
CERTIFICATE OF SERVICE of Order served on Plaintiff Tara Williams on December 1, 2021. Service was made by Email with Consent. Document filed by Peter J. Arduini, Charles Bancroft, Robert Bertolini, Bristol-Myers Squibb Company, Giovanni Caforio, Matthew W. Emmens, Michael Grobstein, Alan J. Lacy, Dinesh Paliwal, Theodore R. Samuels, Karen M. Santiago, Vicki L. Sato, Gerald L. Storch, Karen H. Vousden..(Clarke, John)
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Filing 6
NOTICE OF APPEARANCE by John J. Clarke, Jr on behalf of Peter J. Arduini, Charles Bancroft, Robert Bertolini, Bristol-Myers Squibb Company, Giovanni Caforio, Matthew W. Emmens, Michael Grobstein, Alan J. Lacy, Dinesh Paliwal, Theodore R. Samuels, Karen M. Santiago, Vicki L. Sato, Gerald L. Storch, Karen H. Vousden..(Clarke, John)
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Filing 5
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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CASE ACCEPTED AS RELATED. Create association to 1:21-cv-08255-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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Case Designated ECF. (sj)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (sj)
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CASE REFERRED TO Judge Jesse M. Furman as possibly related to 1:21cv8255. (sj)
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Filing 4
STATEMENT OF RELATEDNESS re: that this action be filed as related to 21-cv-8255 (JMF). Document filed by Bristol-Myers Squibb Company..(Clarke, John)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bristol-Myers Squibb Company..(Clarke, John)
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Filing 2
CIVIL COVER SHEET filed..(Clarke, John)
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Filing 1
NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 656179/2021. (Filing Fee $ 402.00, Receipt Number ANYSDC-25383705).Document filed by Bristol-Myers Squibb Company. (Attachments: #1 Exhibit 1 - NY State Summons, #2 Exhibit 2 - NY State Complaint, #3 Exhibit 3 - NY State Stipulation).(Clarke, John)
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