Khalil v. Bristol-Myers Squibb Company et al
| Ehab Khalil |
| Bristol-Myers Squibb Co., Giovanni Caforio, Charles Bancroft, Karen M. Santiago, David V. Elkins, Samit Hirawat, 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 and Bristol-Myers Squibb Company |
| Mangrove Partners Master Fund, LTD |
| SM Merger/Arbitrage, L.P., SM Investors, L.P. and SM Investors II, L.P. |
| 1:2021cv10351 |
| December 3, 2021 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Securities/Commodities |
| Plaintiff |
Docket Report
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Filing 21
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 20
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 19
STIPULATION AND ORDER EXTENDING TIME: NOW, THEREFORE, THE PARTIES STIPULATE AND AGREE, subject to the approval of the Court, as follows: 1. Subject to the other provisions of this stipulation, each of the defendants accepts service of the summons and complaint in this action as of December 13, 2021 while expressly reserving all rights and defenses other than those relating to service of process. 2. The defendants shall not be required to answer or otherwise respond to the Complaint. 3. 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. 4. 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. The Clerk of Court is directed to terminate ECF No. 18. SO ORDERED. Motions terminated: #18 CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Jesse M. Furman from John J. Clarke, Jr. dated December 13, 2021. filed by Gerald L. Storch, Alan J. Lacy, Matthew W. Emmens, Dinesh C. Paliwal, Peter J. Arduini, Michael Grobstein, Bristol-Myers Squibb Company, Samit Hirawat, Karen M. Santiago, Vicki L. Sato, Theodore R. Samuels, David V. Elkins, Charles Bancroft, Robert Bertolini, Giovanni Caforio, Karen H. Vousden. (Signed by Judge Jesse M. Furman on 12/14/2021) (ate)
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| CONSOLIDATED MEMBER CASE: Create association to 1:21-cv-08255-JMF. (yv) |
| Filing 18 CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Jesse M. Furman from John J. Clarke, Jr. dated December 13, 2021. 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 Stipulation and [Proposed] Order).(Clarke, John) |
| Filing 17 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bristol-Myers Squibb Company..(Clarke, John) |
| Filing 16 NOTICE OF APPEARANCE by John J. Clarke, Jr on behalf of 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) |
| Filing 15 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. 12]. Document filed by SM Merger/Arbitrage, L.P., SM Investors, L.P., SM Investors II, L.P...(Entwistle, Andrew) |
| Filing 14 AFFIDAVIT OF SERVICE of Order (ECF No. 12) 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 13
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 12
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 OF CASE REASSIGNMENT to Judge Jesse M. Furman. Judge Unassigned is no longer assigned to the case. (aea) |
| 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) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #11 Proposed Order #7 Proposed Order was reviewed and approved as to form. (km) |
| CASE ACCEPTED AS RELATED. Create association to 1:21-cv-08255-JMF. Notice of Assignment to follow. (aea) |
| Filing 11 PROPOSED ORDER. Document filed by Mangrove Partners Master Fund, LTD. Related Document Number: #8 ..(Eisenkraft, Michael) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 10 DECLARATION of Michael B. Eisenkraft in Support re: #8 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) |
| Filing 9 MEMORANDUM OF LAW in Support re: #8 MOTION to Appoint Mangrove Partners Master Fund, Ltd. to serve as lead plaintiff(s) . . Document filed by Mangrove Partners Master Fund, LTD..(Eisenkraft, Michael) |
| Filing 8 MOTION to Appoint Mangrove Partners Master Fund, Ltd. to serve as lead plaintiff(s) . Document filed by Mangrove Partners Master Fund, LTD..(Eisenkraft, Michael) |
| Filing 7 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #11) PROPOSED ORDER. Document filed by Ehab Khalil. Related Document Number: #4 ..(Eisenkraft, Michael) Proposed Order to be reviewed by Clerk's Office staff. Modified on 12/8/2021 (lb). |
| Filing 6 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #10) DECLARATION of Michael B. Eisenkraft in Support re: #4 MOTION to Appoint Ehab Khalil to serve as lead plaintiff(s) .. Document filed by Ehab Khalil. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F).(Eisenkraft, Michael) Modified on 12/8/2021 (lb). |
| Filing 5 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #9) MEMORANDUM OF LAW in Support re: #4 MOTION to Appoint Ehab Khalil to serve as lead plaintiff(s) . . Document filed by Ehab Khalil..(Eisenkraft, Michael) Modified on 12/8/2021 (lb). |
| Filing 4 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #8) MOTION to Appoint Ehab Khalil to serve as lead plaintiff(s) . Document filed by Ehab Khalil..(Eisenkraft, Michael) Modified on 12/8/2021 (lb). |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael Benjamin Eisenkraft. The party information for the following party/parties has been modified: Ehab Khalil,Bristol-Myers Squibb Co. The information for the party/parties has been modified for the following reason/reasons: party text was omitted; party name entered incorrectly. (vf) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael Benjamin Eisenkraft. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (vf) |
| Case Designated ECF. (vf) |
| CASE REFERRED TO Judge Jesse M. Furman as possibly related to 1:21-cv-8255. (vf) |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 21-cv-8255. Document filed by Ehab Khalil..(Eisenkraft, Michael) |
| Filing 2 CIVIL COVER SHEET filed..(Eisenkraft, Michael) |
| Filing 1 COMPLAINT against Peter J. Arduini, Charles Bancroft, Robert Bertolini, Bristol-Myers Squibb Co., 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. (Filing Fee $ 402.00, Receipt Number ANYSDC-25422729)Document filed by Ehab Khalil..(Eisenkraft, Michael) |
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