UMB Bank, N.A. v. Bristol-Myers Squibb Company et al
| UMB Bank, N.A. |
| Bristol-Myers Squibb Company, and Equiniti Trust Company, LLC |
| 1:2024cv08668 |
| November 14, 2024 |
| U.S. 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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| Filing 32 NOTICE OF APPEARANCE by Alexander Eugene Ehrlich on behalf of Equiniti Trust Company, LLC..(Ehrlich, Alexander) |
| Filing 31 NOTICE OF APPEARANCE by Partha Pratim Chattoraj on behalf of Equiniti Trust Company, LLC..(Chattoraj, Partha) |
| Filing 30 NOTICE OF APPEARANCE by Michael Vogel on behalf of Equiniti Trust Company, LLC..(Vogel, Michael) |
| Filing 29 NOTICE OF APPEARANCE by David Adam Berger on behalf of Equiniti Trust Company, LLC..(Berger, David) |
Filing 28
MEMO ENDORSEMENT on re: #26 Letter Response to the Court's November 19, 2024 Order [ ECF No. 19] filed by UMB Bank, N.A. ENDORSEMENT: The Court adopts the parties' proposed answer and briefing schedule set forth below. The parties should continue to confer with one another with respect to a stipulation regarding the record in the prior case and advise the Court in the event that they cannot reach agreement. SO ORDERED., (All Defendants.)( Replies due by 3/21/2025., Responses due by 2/28/2025) (Signed by Judge Jesse M. Furman on 12/4/24) (yv)
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| Filing 27 AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bristol-Myers Squibb Company,..(Clarke, John) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney John J. Clarke to RE-FILE Document No. #24 Rule 7.1 Corporate Disclosure Statement,. The filing is deficient for the following reason(s): the jurisdiction of this action is based on diversity - the party/intervenor did not name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes or No radio button - If Yes - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time - name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Please use the revised form found here # NYSD form page (lb) (lb) |
| Filing 26 JOINT LETTER addressed to Judge Jesse M. Furman from all Parties dated December 3, 2024 re: Response to the Court's November 19, 2024 Order [ ECF No. 19]. Document filed by UMB Bank, N.A...(Selendy, Philippe) |
| Filing 25 NOTICE OF APPEARANCE by Jessica Ann Masella on behalf of Bristol-Myers Squibb Company,..(Masella, Jessica) |
| Filing 24 FILING ERROR - DEFICIENT DOCKET ENTRY - MISSING DIVERSITY INFORMATION - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bristol-Myers Squibb Company,..(Clarke, John) Modified on 12/4/2024 (lb). |
| Filing 23 NOTICE OF APPEARANCE by John J. Clarke, Jr on behalf of Bristol-Myers Squibb Company,..(Clarke, John) |
| Filing 22 LETTER addressed to Judge Jesse M. Furman from Maria Ginzburg dated November 25, 2024 re: Redacted exhibits to complaint. Document filed by UMB Bank, N.A.. (Attachments: #1 Exhibit D Instrument of Removal, Appointment, and Acceptance (Redacted), #2 Exhibit E (Part 1 of 2) Brokerage Statements Supporting UMB Appointment Dec. 31, 2020 (Redacted), #3 Exhibit E (Part 2 of 2) Brokerage Statements Supporting UMB Appointment Dec. 31, 2020 (Redacted), #4 Exhibit G (Part 1 of 3) Confirmations as of Dec. 9, 2020 (Redacted), #5 Exhibit G (Part 2 of 3) Confirmations as of Dec. 9, 2020 (Redacted), #6 Exhibit G (Part 3 of 3) Confirmations as of Dec. 9, 2020 (Redacted), #7 Exhibit H (Part 1 of 3) Confirmations as of Dec. 18, 2020 (Redacted), #8 Exhibit H (Part 2 of 3) Confirmations as of Dec. 18, 2020 (Redacted), #9 Exhibit H (Part 3 of 3) Confirmations as of Dec. 18, 2020 (Redacted), #10 Exhibit I Joinders Confirming UMB Bank, N.A.s Appointment (Redacted)).(Ginzburg, Maria) |
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Filing 21
ORDER SEALING EXHIBITS TO COMPLAINT granting #5 Motion to Seal. It is hereby ORDERED that (1) the unredacted copies of Exhibits D, E, G, H, and I incorporated into the complaint in this matter shall remain under seal and (2) Plaintiff shall file its proposed redactions to these exhibits in public view. The Clerk of Court is directed to terminate ECF No. 5. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/22/24) (yv)
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| Filing 20 DECLARATION of Korey Boehm re: #19 Order,, . Document filed by UMB Bank, N.A.. (Attachments: #1 Exhibit 1 - Email from J. Masella to K. Boehm, #2 Exhibit 2 - Email from P. Chattoraj to K. Boehm).(Boehm, Korey) |
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Filing 19
ORDER. This case has been reassigned to the undersigned. All counsel must familiarize themselves with the Court's Individual Rules, which are available at http://nysd.uscourts.gov/judge/Furman. No later than December 3, 2024, the parties shall confer and file a joint letter, not to exceed four pages, proposing next steps in this case, including whether and when the Court should hold a conference. No later than November 21, 2024, Plaintiff shall serve a copy of this Order on Defendants and their counsel and file proof of such service on ECF. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/19/24) (yv)
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| NOTICE OF CASE REASSIGNMENT to Judge Jesse M. Furman. Judge John P. Cronan is no longer assigned to the case. (tro) |
| Filing 18 NOTICE OF APPEARANCE by Sean Patrick Baldwin on behalf of UMB Bank, N.A...(Baldwin, Sean) |
| Filing 17 NOTICE OF APPEARANCE by Meredith Jayne Nelson on behalf of UMB Bank, N.A...(Nelson, Meredith) |
| Filing 16 NOTICE OF APPEARANCE by Korey Boehm, I on behalf of UMB Bank, N.A...(Boehm, Korey) |
| Filing 15 NOTICE OF APPEARANCE by Maria Ginzburg on behalf of UMB Bank, N.A...(Ginzburg, Maria) |
| Filing 14 NOTICE OF APPEARANCE by Joshua Scott Margolin on behalf of UMB Bank, N.A...(Margolin, Joshua) |
| Filing 13 NOTICE OF APPEARANCE by Philippe Zuard Selendy on behalf of UMB Bank, N.A...(Selendy, Philippe) |
| Filing 12 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent UMB Financial Corporation for UMB Bank, N.A.. Document filed by UMB Bank, N.A...(Selendy, Philippe) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Equiniti Trust Company, LLC..(jgo) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Bristol-Myers Squibb Company,..(jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John P. Cronan. 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..(jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Philippe Zuard Selendy to RE-FILE Document No. #4 Rule 7.1 Corporate Disclosure Statement,,. The filing is deficient for the following reason(s): the jurisdiction of this action is based on diversity - the party/intervenor did not name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes or No radio button - If Yes - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time - name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Please use the revised form found here # NYSD form page (lb) |
| 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. (jgo) |
| Case Designated ECF. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Philippe Zuard Selendy. The following case opening statistical information was erroneously selected/entered: Dollar Demand $9,999,000,000; County code New York;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $9,999,000; the County code has been modified to XX Out of State;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Philippe Zuard Selendy. The party information for the following party/parties has been modified: UMB BANK, N.A., solely in its capacity as Trustee under the Contingent Value Rights Agreement by and between Bristol-Myers Squibb Company and Equiniti Trust Company, dated November 20, 2019. The information for the party/parties has been modified for the following reason/reasons: party name was modified to add party text separately. (jgo) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Equiniti Trust Company, LLC, re: #1 Complaint,,,,. Document filed by UMB BANK, N.A., solely in its capacity as Trustee under the Contingent Value Rights Agreement by and between Bristol-Myers Squibb Company and Equiniti Trust Company, dated November 20, 2019..(Selendy, Philippe) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Bristol-Myers Squibb Company, re: #1 Complaint,,,,. Document filed by UMB BANK, N.A., solely in its capacity as Trustee under the Contingent Value Rights Agreement by and between Bristol-Myers Squibb Company and Equiniti Trust Company, dated November 20, 2019..(Selendy, Philippe) |
| Filing 7 ***SELECTED PARTIES***NOTICE of Letter from P. Selendy re Motion to File Exhibits Under Seal. Document filed by UMB BANK, N.A., solely in its capacity as Trustee under the Contingent Value Rights Agreement by and between Bristol-Myers Squibb Company and Equiniti Trust Company, dated November 20, 2019, Bristol-Myers Squibb Company,, Equiniti Trust Company, LLC. (Attachments: #1 Exhibit D Instrument of Removal, Appointment, and Acceptance, #2 Exhibit E (Part 1 of 2) Brokerage Statements Supporting UMB Appointment Dec 31, 2020, #3 Exhibit E (Part 2 of 2) Brokerage Statements Supporting UMB Appointment Dec 31, 2020, #4 Exhibit G (Part 1 of 3) Confirmations as of Dec. 9, 2020, #5 Exhibit G (Part 2 of 3) Confirmations as of Dec. 9, 2020, #6 Exhibit G (Part 3 of 3) Confirmations as of Dec. 9, 2020, #7 Exhibit H (Part 1 of 3) Confirmations as of Dec. 18, 2020, #8 Exhibit H (Part 2 of 3) Confirmations as of Dec. 18, 2020, #9 Exhibit H (Part 3 of 3) Confirmations as of Dec. 18, 2020, #10 Exhibit I Joinders Confirming UMB Bank, N.A.s Appointment)Motion or Order to File Under Seal: #5 .(Selendy, Philippe) |
| Filing 6 MEMORANDUM OF LAW in Support re: #5 MOTION to Seal Exhibits. . Document filed by UMB BANK, N.A., solely in its capacity as Trustee under the Contingent Value Rights Agreement by and between Bristol-Myers Squibb Company and Equiniti Trust Company, dated November 20, 2019..(Selendy, Philippe) |
| Filing 5 MOTION to Seal Exhibits. Document filed by UMB BANK, N.A., solely in its capacity as Trustee under the Contingent Value Rights Agreement by and between Bristol-Myers Squibb Company and Equiniti Trust Company, dated November 20, 2019. (Attachments: #1 Proposed Order re: Motion to File Exhibits Under Seal).(Selendy, Philippe) |
| Filing 4 FILING ERROR - DEFICIENT DOCKET ENTRY - MISSING DIVERSITY INFORMATION - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent UMB Financial Corporation for UMB BANK, N.A., solely in its capacity as Trustee under the Contingent Value Rights Agreement by and between Bristol-Myers Squibb Company and Equiniti Trust Company, dated November 20, 2019. Document filed by UMB BANK, N.A., solely in its capacity as Trustee under the Contingent Value Rights Agreement by and between Bristol-Myers Squibb Company and Equiniti Trust Company, dated November 20, 2019..(Selendy, Philippe) Modified on 11/15/2024 (lb). |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:21-cv-4897. Document filed by UMB BANK, N.A., solely in its capacity as Trustee under the Contingent Value Rights Agreement by and between Bristol-Myers Squibb Company and Equiniti Trust Company, dated November 20, 2019..(Selendy, Philippe) |
| Filing 2 CIVIL COVER SHEET filed..(Selendy, Philippe) |
| Filing 1 COMPLAINT against Bristol-Myers Squibb Company,, Equiniti Trust Company, LLC. (Filing Fee $ 405.00, Receipt Number ANYSDC-30187170)Document filed by UMB BANK, N.A., solely in its capacity as Trustee under the Contingent Value Rights Agreement by and between Bristol-Myers Squibb Company and Equiniti Trust Company, dated November 20, 2019. (Attachments: #1 Exhibit A CVR Agreement, #2 Exhibit B Jan 1, 2021 Bristol-Myers Squibb Press Release, #3 Exhibit C Jan 7, 2021 Bristol-Myers Squibb Letter to NYSE cc UMB, #4 Exhibit D Filed Under Seal, #5 Exhibit E Filed Under Seal, #6 Exhibit F BMS Notice to Holders, #7 Exhibit G Filed Under Seal, #8 Exhibit H Filed Under Seal, #9 Exhibit I Filed Under Seal, #10 Exhibit J Filed Under Seal, #11 Exhibit K Juno Facility 483, #12 Exhibit L Lonza Facility 483, #13 Exhibit M Jan. 11, 2021 BMS Letter to DTC, #14 Exhibit N Jan 19, 2021 UMB to DTC Email, #15 Exhibit O May 13, 2021 UMB to DTC Email, #16 Exhibit P July 6, 2021 UMB to DTC Email, #17 Exhibit Q July 13, 2021 DTC to UMB Email).(Selendy, Philippe) |
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