Zappia v. Myovant Sciences Ltd. et al
| Joseph Zappia |
| Myovant Sciences Ltd., Myovant Sciences, Inc., Sumitomo Pharma America, Inc., Terrie Curran, Mark Guinan, David Marek, Nancy Valente and Matthew Lang |
| 1:2023cv08097 |
| September 13, 2023 |
| US District Court for the Southern District of New York |
| Jed S Rakoff |
| Securities/Commodities |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 28, 2023. A more recent docket listing may be available from PACER.
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Filing 25
DECLARATION of Elena Hadjimichael in Support re: #23 MOTION to Dismiss the Amended Complaint.. Document filed by David Marek, Mark Guinan, Matthew Lang, Nancy Valente, Sumitomo Pharma America, Inc., Terrie Curran. (Attachments: #1 Exhibit A - Form 8-K filed Mar 1, 2023, #2 Exhibit B - Preliminary Proxy filed Dec 8, 2022, #3 Exhibit C - Definitive Proxy filed Jan 23, 2023, #4 Exhibit D - Transaction Statement (Schedule 13E-3) filed Dec. 9, 2022, #5 Exhibit E - Announcement dated May 18, 2021, #6 Exhibit F - Announcement dated July 7, 2022, #7 Exhibit G - Announcement dated Oct. 12, 2022, #8 Exhibit H - Announcement dated July 14, 2021, #9 Exhibit I - Announcement dated Apr. 27, 2023, #10 Exhibit J - Announcement dated June 28, 2022, #11 Exhibit K - Announcement dated Mar 30, 2020, #12 Exhibit L - Email Correspondence dated Mar. 3 & 13, 2023).(Feldman, Boris)
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Filing 24
MEMORANDUM OF LAW in Support re: #23 MOTION to Dismiss the Amended Complaint. . Document filed by David Marek, Mark Guinan, Matthew Lang, Nancy Valente, Sumitomo Pharma America, Inc., Terrie Curran..(Feldman, Boris)
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Filing 23
MOTION to Dismiss the Amended Complaint. Document filed by David Marek, Mark Guinan, Matthew Lang, Nancy Valente, Sumitomo Pharma America, Inc., Terrie Curran..(Feldman, Boris)
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Filing 22
NOTICE OF APPEARANCE by Nathan Hembree on behalf of David Marek, Mark Guinan, Matthew Lang, Nancy Valente, Sumitomo Pharma America, Inc., Terrie Curran..(Hembree, Nathan)
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Filing 21
NOTICE OF APPEARANCE by Peter James Linken on behalf of David Marek, Mark Guinan, Matthew Lang, Nancy Valente, Sumitomo Pharma America, Inc., Terrie Curran..(Linken, Peter)
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Filing 20
ORDER granting #17 Motion for Boris Feldman to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 10/25/2023) (ate)
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Filing 19
AMENDED COMPLAINT amending #1 Complaint, against David Marek, Mark Guinan, Matthew Lang, Myovant Sciences Ltd., Myovant Sciences, Inc., Nancy Valente, Sumitomo Pharma America, Inc., Terrie Curran with JURY DEMAND.Document filed by Joseph Zappia. Related document: #1 Complaint,..(Fruchter, Joshua)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 10/10/2023.Amended Complaint to be filed by Tuesday, 10/17/2023. Defendants motion to dismiss the Amended Complaint must be filed by 10/31/2023, opposition papers by 11/21/2023, and reply by 11/28 (Kotowski, Linda)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephonic Initial Pretrial Conference held on 10/10/2023, ( Oral Argument set for 12/7/2023 at 04:00 PM before Judge Jed S. Rakoff.). (Kotowski, Linda)
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Filing 18
ORDER: This is a putative class action filed by plaintiff Joseph Zappia against defendants Myovant Sciences Ltd. ("Myovant"), Myovant Sciences, Inc., Sumimoto Pharma America, Inc., as well as Terrie Curran, Mark Guinan, David Marek, Nancy Valente, and Matthew Lang, individuals who served as directors or officers of Myovant. The parties agree that this action is governed by the Private Securities Litigation Reform Act. On consent of all parties, the Court hereby appoints Joseph Zappia as Lead Plaintiff and appoints Zappia's counsel at Wohl & Fruchter LLP and Weiss Law LLP as Lead Counsel. SO ORDERED. (Signed by Judge Jed S. Rakoff on 10/10/2023) (tg)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #17 MOTION for Boris Feldman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28397840. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (va)
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Filing 17
MOTION for Boris Feldman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28397840. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by David Marek, Mark Guinan, Matthew Lang, Nancy Valente, Sumitomo Pharma America, Inc., Terrie Curran. (Attachments: #1 Exhibit 1-Affidavit, #2 Exhibit 2-Certificate of Good Standing, #3 Exhibit 3-Proposed Order).(Feldman, Boris)
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Filing 16
NOTICE OF APPEARANCE by Elena Hadjimichael on behalf of David Marek, Mark Guinan, Matthew Lang, Nancy Valente, Sumitomo Pharma America, Inc., Terrie Curran..(Hadjimichael, Elena)
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Filing 15
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Sumitomo Pharma UK Holdings, Ltd., Corporate Parent Sumitomo Pharma Co., Ltd. for Sumitomo Pharma America, Inc.. Document filed by Sumitomo Pharma America, Inc...(Livshiz, David)
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Filing 14
NOTICE OF APPEARANCE by David Yury Livshiz on behalf of David Marek, Mark Guinan, Matthew Lang, Nancy Valente, Sumitomo Pharma America, Inc., Terrie Curran..(Livshiz, David)
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Filing 13
WAIVER OF SERVICE RETURNED EXECUTED. Nancy Valente waiver sent on 9/29/2023, answer due 11/28/2023. Document filed by Joseph Zappia..(Rogovin, Michael)
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Filing 12
WAIVER OF SERVICE RETURNED EXECUTED. David Marek waiver sent on 9/29/2023, answer due 11/28/2023. Document filed by Joseph Zappia..(Rogovin, Michael)
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Filing 11
WAIVER OF SERVICE RETURNED EXECUTED. Matthew Lang waiver sent on 9/29/2023, answer due 11/28/2023. Document filed by Joseph Zappia..(Rogovin, Michael)
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Filing 10
WAIVER OF SERVICE RETURNED EXECUTED. Mark Guinan waiver sent on 9/29/2023, answer due 11/28/2023. Document filed by Joseph Zappia..(Rogovin, Michael)
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Filing 9
WAIVER OF SERVICE RETURNED EXECUTED. Terrie Curran waiver sent on 9/29/2023, answer due 11/28/2023. Document filed by Joseph Zappia..(Rogovin, Michael)
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Filing 8
NOTICE OF APPEARANCE by Joshua M. Rubin on behalf of Joseph Zappia..(Rubin, Joshua)
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Filing 7
ELECTRONIC SUMMONS ISSUED as to Sumitomo Pharma America, Inc.. (sj)
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Filing 6
REQUEST FOR ISSUANCE OF SUMMONS as to Sumitomo Pharma America, Inc., re: #1 Complaint,. Document filed by Joseph Zappia..(Rogovin, Michael)
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Filing 5
NOTICE OF COURT CONFERENCE: DATE AND PLACE OF CONFERENCE: 10/10/2023, ON A TELECONFERENCE LINE AT 10:30am. The dial-in information for the call will be as follows: USA Toll-Free (888) 363-4735; USA Caller Paid/International Toll: (215) 446-3657; Access Code: 1086415, as further set forth. Initial Conference set for 10/10/2023 at 10:30 AM before Judge Jed S. Rakoff. (Signed by Judge Jed S. Rakoff on 9/20/2023) (mml)
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Filing 4
NOTICE OF APPEARANCE by Joshua E Fruchter on behalf of Joseph Zappia..(Fruchter, Joshua)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael Allen Rogovin. The party information for the following party/parties has been modified: Joseph Zappia. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (vf)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jed S. Rakoff. 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..(vf)
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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. (vf)
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Case Designated ECF. (vf)
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Filing 3
NOTICE of PSLRA Certification re: #1 Complaint,. Document filed by Joseph Zappia..(Rogovin, Michael)
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Filing 2
CIVIL COVER SHEET filed. (Attachments: #1 Civil Cover Sheet Addendum to Civil Cover Sheet).(Rogovin, Michael)
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Filing 1
COMPLAINT against David Marek, Mark Guinan, Matthew Lang, Myovant Sciences Ltd., Myovant Sciences, Inc., Nancy Valente, Sumitomo Pharma America, Inc., Terrie Curran. (Filing Fee $ 402.00, Receipt Number ANYSDC-28283275)Document filed by Joseph Zappia..(Rogovin, Michael)
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