Shire LLC et al v. Meijer, Inc. et al
| Shire LLC and Shire U.S., Inc. |
| Meijer, Inc. and Meijer Distributions, Inc. |
| 1:2023cv10479 |
| November 30, 2023 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Analisa Torres |
| Other Statutes: Arbitration |
| 28 U.S.C. § 1332 Diversity Action |
| None |
Docket Report
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| Filing 33 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Michael F. Brockmeyer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28837670. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Shire LLC, Shire U.S., Inc.. (Attachments: #1 Affidavit Certificate, #2 Proposed Order Proposed Order).(Labaton, Ralph) Modified on 1/22/2024 (rju). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #33 MOTION for Michael F. Brockmeyer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28837670. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Maryland; Filing under an another individual's Pacer account requires a wet signature on the documents from the attorney requesting Pro Hac Status or you must create your own Pacer account to apply for Pro Hac Vice; 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. (rju) |
| Filing 32 NOTICE OF APPEARANCE by Ralph E Labaton on behalf of Shire LLC, Shire U.S., Inc...(Labaton, Ralph) |
Filing 31
ORDER granting #29 Letter Motion for Extension of Time; terminating #27 Letter Motion for Extension of Time; terminating #28 Letter Motion for Extension of Time. GRANTED. By February 5, 2024, Respondents shall file their opposition to the Petition. By February 20, 2024, Petitioners shall file their reply, if any. The Clerk of Court is directed to terminate the motions at ECF Nos. 27-29. SO ORDERED. (Signed by Judge Analisa Torres on 1/10/2024) (vfr)
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| Filing 30 LETTER addressed to Judge Analisa Torres from Joshua S. Barlow dated January 10, 2024 re: Meijer's Letter Motion (Dkt. 29). Document filed by Shire LLC, Shire U.S., Inc...(Barlow, Joshua) |
| Set/Reset Deadlines: Responses due by 2/5/2024 Replies due by 2/20/2024. (vfr) |
| Filing 29 FIRST LETTER MOTION for Extension of Time to oppose petition addressed to Judge Analisa Torres from Carl F. Regelmann dated January 9, 2024. Document filed by Meijer Distributions, Inc., Meijer, Inc...(Regelmann, Carl) |
| Filing 28 FIRST LETTER MOTION for Extension of Time to Petition addressed to Judge Analisa Torres from Carl F. Regelmann dated January 9, 2024. Document filed by Meijer Distributions, Inc., Meijer, Inc...(Regelmann, Carl) |
| Filing 27 LETTER MOTION for Extension of Time addressed to Judge Analisa Torres from Carl F. Regelmann dated January 9, 2024. Document filed by Meijer Distributions, Inc., Meijer, Inc...(Regelmann, Carl) |
| Filing 26 MEMO ENDORSEMENT on re: #25 Letter filed by Meijer, Inc., Meijer Distributions, Inc. ENDORSEMENT: DENIED IN PART. Courts in this Circuit treat a petition to confirm an arbitration award akin to a surmna1y judgment filing. Cf Loe. 355 United Serv. Workers Union, Int'L Union of Journeymen & Allied Trades v. LA Mech. Corp., No. 15 Civ. 4474, 2016 WL 4367220, at *2 (E.D.N.Y. July 14, 2016) (citing D.H Blair & Co. v. Gottdiener, 462 F.3d 95, 109-10 (2d Cir. 2006)); Trustees of Dist. Council No. 9 Painting Indus. Ins. Fund v. Choice of Colors, Inc., No. 21 Civ. 8971, 2022 WL 4385877, at *1 (S.D.N.Y. Sept. 22, 2022); Loe. No. 964, United Bhd. of Carpenters & Joiners of Am., AFL-CIO v. NJ Ne,smith Const. Co., No. 76 Civ. 1899, 1976 WL 13480, at *3 (S.D.N.Y. Sept. 2, 1976); Gill v. Fin. Indus. Regul. Auth., No. 11 Civ. 2713, 2013 WL 1201499, at *1 (S.D.N.Y. Mai. 25, 2013). Federal Rule of Civil Procedure 4(d)(3) is, therefore, inapposite. The Court's deadlines provided at ECF No. 5 stand. Should Respondents seek an extension, they may file such a request. (Signed by Judge Analisa Torres on 1/8/2024) (rro) |
| Filing 25 LETTER addressed to Judge Analisa Torres from Carl F. Regelmann dated January 5, 2024 Document filed by Meijer Distributions, Inc., Meijer, Inc...(Regelmann, Carl) |
| Filing 24 NOTICE OF APPEARANCE by Carl Frederick Regelmann on behalf of Meijer Distributions, Inc., Meijer, Inc...(Regelmann, Carl) |
| Filing 23 NOTICE OF APPEARANCE by Paul D. Sarkozi on behalf of Meijer Distributions, Inc., Meijer, Inc...(Sarkozi, Paul) |
| Filing 22 CERTIFICATE OF SERVICE of #19 Redacted Rule 56.1 Statement #20 Sealed 56.1 Statement, [20-1] Sealed 56.1 Statement with Redactions highlighted served on Meijer, Inc. and Meijer Distributions, Inc. on December 22, 2023. Service was accepted by Greg Shinall, Joseph M. Vanke, Nathan Shev. Document filed by Shire LLC, Shire U.S., Inc...(Muse-Fisher, John) |
| Filing 21 CERTIFICATE OF SERVICE of #16 Letter, #17 Waiver of Service served on Meijer, Inc. and Meijer Distributions, Inc. on December 8, 2023. Service was accepted by Greg Shinall, Joseph M. Vanek, Nathan Shev. Document filed by Shire LLC, Shire U.S., Inc...(Muse-Fisher, John) |
| Filing 20 ***SELECTED PARTIES***RULE 56.1 STATEMENT. Document filed by Shire U.S., Inc., Shire LLC, Meijer Distributions, Inc., Meijer, Inc.. (Attachments: #1 Exhibit Unredacted Rule 56.1 Statement with Redactions Highlighted)Motion or Order to File Under Seal: #3 .(Hodgson, Melida) |
| Filing 19 RULE 56.1 STATEMENT. Document filed by Shire LLC, Shire U.S., Inc...(Hodgson, Melida) |
| Filing 18 NOTICE OF APPEARANCE by Imani Carla Tisdale on behalf of Shire LLC, Shire U.S., Inc...(Tisdale, Imani) |
| Filing 17 WAIVER OF SERVICE RETURNED EXECUTED. Meijer Distributions, Inc. waiver sent on 12/6/2023, answer due 2/5/2024; Meijer, Inc. waiver sent on 12/6/2023, answer due 2/5/2024. Document filed by Shire U.S., Inc.; Shire LLC..(Hodgson, Melida) |
| Filing 16 LETTER addressed to Judge Analisa Torres from Melida Hodgson dated December 8, 2023 re: Service Waiver. Document filed by Shire LLC, Shire U.S., Inc...(Hodgson, Melida) |
| Filing 15 ELECTRONIC SUMMONS ISSUED as to Meijer Distributions, Inc.. (vf) |
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Filing 14
ORDER granting #11 Motion for Joshua S. Barlow to Appear Pro Hac Vice; granting #12 Motion for John Muse-Fisher to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order)(JSS)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 MOTION for John Muse-Fisher to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28647401. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #11 MOTION for Joshua S. Barlow to Appear Pro Hac Vice (Filing fee $ 200.00, receipt number ANYSDC-28646276). Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju) |
| Filing 13 REQUEST FOR ISSUANCE OF SUMMONS as to Meijer Distributions, Inc., re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,. Document filed by Shire LLC, Shire U.S., Inc...(Hodgson, Melida) |
| Filing 12 MOTION for John Muse-Fisher to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28647401. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Shire LLC, Shire U.S., Inc.. (Attachments: #1 Affidavit Declaration of John Muse-Fisher, #2 Proposed Order for Admission Pro Hac Vice, #3 Exhibit Certificate of Admission and Good Standing for the Supreme Court of California).(Muse-Fisher, John) |
| Filing 11 MOTION for Joshua S. Barlow to Appear Pro Hac Vice (Filing fee $ 200.00, receipt number ANYSDC-28646276). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Shire LLC, Shire U.S., Inc.. (Attachments: #1 Affidavit Declaration of Joshua S. Barlow, #2 Proposed Order for Admission Pro Hac Vice, #3 Exhibit Certificate of Admission and Good Standing for Commonwealth of Massachusetts).(Barlow, Joshua) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Meijer, Inc.. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Melida Narcisa Hodgson to RE-FILE Document No. #7 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; Defendant Party Name Error. 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. (vf) |
| Filing 9 DECLARATION of Joshua S. Barlow in Support re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,. Document filed by Shire LLC, Shire U.S., Inc...(Hodgson, Melida) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Meijer, Inc., re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,. Document filed by Shire LLC, Shire U.S., Inc...(Hodgson, Melida) |
| Filing 7 FILING ERROR - DEFICIENT - SUMMONS REQUEST - REQUEST FOR ISSUANCE OF SUMMONS as to Meijer Distribution Inc., re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,. Document filed by Shire LLC, Shire U.S., Inc...(Hodgson, Melida) Modified on 12/4/2023 (vf). |
| Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Shire U.S., Inc. for Shire LLC; Other Affiliate Takeda Pharmaceuticals Company Limited for Shire U.S., Inc.. Document filed by Shire LLC, Shire U.S., Inc...(Hodgson, Melida) |
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Filing 5
ORDER On November 30, 2023, Petitioners filed a petition to confirm an arbitration award. ECF No. 1. Proceedings to confirm an arbitral award must be "treated as akin to a motion for summary judgment." D.H Blair & Co. v. Gottdiener, 462 F.3d 95, 109 (2d Cir. 2006). Accordingly: 1. By December 22, 2023, Petitioners shall file and serve a statement pursuant to Local Civil Rule 56.1 and any additional materials with which they intend to support the petition, including the arbitration award, supporting documents, and any affidavits or declarations attesting that the exhibits are hue and correct copies of what they purport to be; 2. By January 12, 2024, Respondents shall file their opposition; and 3. By January 26, 2024, Petitioners shall file their reply, if any. Additionally, by December 15, 2023, Petitioners shall serve a copy of the petition and this order upon Respondents by personal service on an officer, director, managing or general agent, or cashier or assistant cashier or to any other agent authorized by appointment or by law to receive service, pursuant to N.Y. C.P.L.R. 311, and upon the secretary of state, pursuant to N.Y. Bus. Corp. Law 306. By December 20, 2023, Petitioners shall file an affidavit of such service. SO ORDERED. (Signed by Judge Analisa Torres on 12/1/2023) (jca)
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| Filing 4 SEALED DOCUMENT placed in vault..(jus) |
| Filing 3 DOCUMENTS TO BE SEALED (Signed by Judge Victor Marrero on 11/27/2023) (pc) |
| Filing 2 CIVIL COVER SHEET filed..(pc) (jgo). |
| Filing 1 PETITION TO CONFIRM ARBITRATION. (Filing Fee $ 402.00, Receipt Number 23781).Document filed by Shire U.S., Inc., Shire LLC..(pc) (Additional attachment(s) added on 12/1/2023: #1 Exhibit Meijer v. Shire - Final Award - November 2 2023, #2 Exhibit Meijer v. Shire - Order on Dispute as to Abitrability - June 8 2022, #3 Exhibit Retail Purchase Agreement, #4 Exhibit Generic Products Purchase Agreement) (jgo). |
| Magistrate Judge Barbara C. Moses is designated to handle matters that may be referred in this case. 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. (pc) |
| Case Designated ECF. (pc) |
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ORDER REDACTING PLEADING FILED IN 23MC453. Document filed by Shire LLC, Shire U.S., Inc...(pc)
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