Gupta v. Athenex, Inc. et al
| Naveen Gupta |
| Athenex, Inc., Timothy Cook, Rudolf Kwan, Johnson Y.N. Lau and Jeffrey Yordon |
| Philip Harris, Sharon Harris, Timothy A. Brogan, Bingjie Zhu, Wendy Sloup, Dennison Adams, Kevin Hawie, William Douglas McConnell, John McKenzie, Joshua Harel, Ballard Family Living Trust, Gilles Peyrot des Gachons and Nathan A Aferi |
| 1:2021cv00337 |
| March 3, 2021 |
| US District Court for the Western District of New York |
| H Kenneth Schroeder |
| Lawrence J Vilardo |
| Securities/Commodities |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 30, 2022. A more recent docket listing may be available from PACER.
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| Filing 68 NOTICE by John McKenzie of Recent Decision (Attachments: #1 Exhibit A - Acadia MTD Order)(Clark-Weintraub, Deborah) |
| Filing 67 REPLY to Response to Motion re #61 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Athenex, Inc., Timothy Cook, Rudolf Kwan, Johnson Y.N. Lau, Jeffrey Yordon. (Greene, Douglas) |
| Filing 66 MEMORANDUM in Opposition re #61 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by John McKenzie. (Clark-Weintraub, Deborah) |
| Filing 65 NOTICE of Appearance by Michael P. Canty on behalf of John McKenzie (Canty, Michael) |
| Filing 64 DECLARATION signed by Douglas W. Greene re #61 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #63 Notice (Other), filed by Athenex, Inc., Rudolf Kwan, Johnson Y.N. Lau, Jeffrey Yordon, Timothy Cook filed by Athenex, Inc., Rudolf Kwan, Johnson Y.N. Lau, Jeffrey Yordon, Timothy Cook. (Attachments: #1 Exhibit 1-Form 8-K Filed on March 1, 2021, #2 Exhibit 2-Excerpts from Athenex's 2019 Form 10-K Filed on March 2, 2020, #3 Exhibit 3-Transcript of Athenexs Fourth Quarter and Full Year Earnings Call Held on March 1, 2021, #4 Exhibit 4-Athenex Special Call Transcript, #5 Exhibit 5-Transcript of Presentation at the Morgan Stanley Health Care Conference, #6 Exhibit 6-Athenexs Form 8-K Filed on January 18, 2018, #7 Exhibit 7-Transcript of Athenexs Second Quarter 2019 Earnings Call Held on August 7, 2019, #8 Exhibit 8-Excerpts from Athenexs For 8-K Filed on August 7, 2019, #9 Exhibit 9-Excerpts from Athenexs 2018 Form 10-K Filed on March 11, 2019, #10 Exhibit 10-Transcript of Athenex's Fourth Quarter and Full Year 2019 Earnings Call held on February 27, 2020, #11 Exhibit 11-Transcript of Athenexs Third Quarter 2020 Earnings Call held on November 5, 2020, #12 Exhibit 12-Transcript of Athenexs Third Quarter 2019 Earnings Call held on November 7, 2019, #13 Exhibit 13-Transcript of Athenexs First Quarter 2020 Earnings Call held on May 7, 2020, #14 Exhibit 14- Special Call Transcript, #15 Exhibit 15-Transcript of Athenexs Second Quarter 2020 Earnings Call held on August 6, 2020, #16 Exhibit 16-Athenex's Form 8-K Filed on November 7, 2019, #17 Exhibit 17-Athenex's Form 8-K Filed on February 27, 2020, #18 Exhibit 18-Press Release Dated April 9, 2020, #19 Exhibit 19-Athenex's Form 8-K Filed on May 7, 2020, #20 Exhibit 20-Excerpts from Athenexs Form 8-K Filed on August 6, 2020, #21 Exhibit 21-Press Release Dated September 1, 2020, #22 Exhibit 22-Athenex's Form 8-K Filed on November 5, 2020, #23 Exhibit 23-Form 4S)(Greene, Douglas) |
| Filing 63 NOTICE by Athenex, Inc., Timothy Cook, Rudolf Kwan, Johnson Y.N. Lau, Jeffrey Yordon re #61 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Request for Judicial Notice in Support of Defendants' Motion to Dismiss the Amended Complaint) (Greene, Douglas) |
| Filing 62 MEMORANDUM in Support re #61 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Athenex, Inc., Timothy Cook, Rudolf Kwan, Johnson Y.N. Lau, Jeffrey Yordon. (Greene, Douglas) |
| Filing 61 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Athenex, Inc., Timothy Cook, Rudolf Kwan, Johnson Y.N. Lau, Jeffrey Yordon.(Greene, Douglas) |
| Filing 60 TEXT ORDER granting #59 Tiffany A. Miao's Motion to Withdraw as Attorney. Issued by Hon. H. Kenneth Schroeder Jr. on 12/31/2021. (KER)-CLERK TO FOLLOW UP- |
| Filing 59 MOTION to Withdraw as Attorney by Athenex, Inc., Timothy Cook, Rudolf Kwan, Johnson Y.N. Lau, Jeffrey Yordon.(Miao, Tiffany) |
| Filing 58 Summons Issued as to Jeffrey Yordon. (JLV) |
| Filing 57 Original Summons Filed. (Clark-Weintraub, Deborah) |
| Filing 56 AMENDED COMPLAINT against Athenex, Inc., Timothy Cook, Rudolf Kwan, Johnson Y.N. Lau, Jeffrey Yordon, filed by John McKenzie.(Clark-Weintraub, Deborah) |
| Filing 55 TEXT ORDER granting #54 Motion for Extension of Time: Consolidated complaint to be filed no later than 11/19/2021; Defendants shall Answer or otherwise move against the consolidated complaint no later than 1/25/2022; opposition to any motion shall be filed no later than 3/28/2022; reply no later than 5/20/2022. Issued by Hon. H. Kenneth Schroeder Jr. on 10/21/2021. (KER) |
| Filing 54 MOTION for Extension of Time by John McKenzie.(Laughlin, Thomas) |
| Filing 53 NOTICE of Appearance by Jeffrey Philip Jacobson on behalf of John McKenzie (Jacobson, Jeffrey) |
| Filing 52 NOTICE of Appearance by Deborah Clark-Weintraub on behalf of John McKenzie (Clark-Weintraub, Deborah) |
| E-Filing Notification: #51 Letter; this document contains a request for relief and should be filed as a motion. ACTION REQUIRED: Re-file document using the motion event. (JLV) |
| Filing 51 Letter filed by John McKenzie as to Athenex, Inc., Rudolf Kwan, Johnson Y.N. Lau, Timothy Cook regarding extension of the current schedule. (Laughlin, Thomas) |
| Filing 50 TEXT ORDER granting #49 Motion to terminate David A. Rosenfeld as counsel of record. SO ORDERED. Issued by Hon. H. Kenneth Schroeder Jr. on 9/17/2021. (KER)-CLERK TO FOLLOW UP- |
| Filing 49 MOTION to Withdraw as Attorney by Timothy A. Brogan. (Attachments: #1 Text of Proposed Order)(Rosenfeld, David) |
| Filing 48 TEXT ORDER: The #47 Stipulation is hereby SO ORDERED. Lead Plaintiff shall file a consolidated complaint no later than 10/22/2021; Defendants shall Answer or otherwise move against the consolidated complaint no later than 12/21/201; opposition to any motion shall be filed no later than 2/21/2022; reply no later than 4/7/2022.Issued by Hon. H. Kenneth Schroeder Jr. on 8/20/2021. (KER) |
| Filing 47 STIPULATION and [Proposed] Scheduling Order by John McKenzie. (Guglielmo, Joseph) |
| Remark: re #28 Order and #46 - The Clerk of the Court shall consolidate 21-V-413 into 21-CV-337 and administratively close 21-CV-413. The consolidated action shall henceforth be denominated In re ATHENEX, Inc. Securities Litigation.All docketing to be done in action 21-cv-337. (TF) |
Filing 46
ORDER granting (20) Motion to Consolidate Cases; granting (22) Motion to Consolidate Cases; resolving (22) Motion to Appoint Counsel ; granting (25) Motion to Consolidate Cases; resolving (25) Motion to Appoint Counsel ; granting (26) Motion to Consolidate Cases; resolving (26) Motion to Appoint Counsel ; granting (30) Motion to Consolidate Cases; resolving (30) Motion to Appoint Counsel ; granting (31) Motion to Appoint Counsel ; granting (31) Motion to Consolidate Cases; granting (16) Motion to Consolidate Cases; resolving (16) Motion to Appoint Counsel ; granting (19) Motion to Consolidate Cases; resolving (19) Motion to Appoint Counsel in case 1:21-cv-00337-LJV-HKS; granting (8) Motion to Consolidate Cases; resolving (8) Motion to Appoint Counsel ; granting (11) Motion to Consolidate Cases; resolving (11) Motion to Appoint Counsel ; granting (12) Motion to Consolidate Cases; resolving (12) Motion to Appoint Counsel ; granting (15) Motion to Consolidate Cases; resolving (15) Motion to Appoint Counsel ; granting (16) Motion to Appoint Counsel ; granting (16) Motion to Consolidate Cases in case 1:21-cv-00413-LJV-HKS. Signed by Hon. H. Kenneth Schroeder Jr. on 8/5/2021. Associated Cases: 1:21-cv-00337-LJV-HKS, 1:21-cv-00413-LJV-HKS(KER)-CLERK TO FOLLOW UP-
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| Filing 45 TEXT ORDER granting #44 Motion of Thomas L. Laughlin, IV for Admission Pro Hac Vice. SO ORDERED. Issued by Hon. H. Kenneth Schroeder Jr. on 5/18/2021. (KER)-CLERK TO FOLLOW UP- |
| Filing 44 MOTION to appear pro hac vice of Thomas L. Laughlin, IV ( Filing fee $ 200 receipt number 0209-4249705.) by John McKenzie. (Attachments: #1 Admission Papers)(Guglielmo, Joseph) |
| Filing 43 NOTICE by John McKenzie re #31 MOTION to Appoint Counsel and Appoint Lead Plaintiff MOTION to Consolidate Cases NOTICE THAT JOHN MCKENZIES MOTION FOR CONSOLIDATION AND TO BE APPOINTED AS LEAD PLAINTIFF AND FOR APPROVAL OF HIS SELECTION OF LEAD COUNSEL IS UNOPPOSED (Guglielmo, Joseph) |
| Filing 42 NOTICE by Gilles Peyrot des Gachons re #31 MOTION to Appoint Counsel and Appoint Lead Plaintiff MOTION to Consolidate Cases . Notice of Non-Opposition of Gilles Peyrot Des Gachons to the Motion of John McKenzie for Consolidation, Appointment as Lead Plaintiff, and Approval of Selection of Lead Counsel (Gardner, Jonathan) |
| Filing 41 NOTICE by Ballard Family Living Trust, Philip Harris, Sharon Harris to Competing Lead Plaintiff Motions (Riehler, Michael) |
| Filing 40 NOTICE by Bingjie Zhu re #26 MOTION to Consolidate Cases MOTION to Appoint Counsel and Appointment as Lead Plaintiff (Spencer, Garth) |
| Filing 39 NOTICE by Dennison Adams, Joshua Harel, Wendy Sloup of Non-Opposition to the Competing Motions for Appointment as Lead Plaintiff and Approval of Selection of Counsel (Fortunato, Melissa) |
| Filing 38 NOTICE by Athenex, Inc., Timothy Cook, Rudolf Kwan, Johnson Y.N. Lau of Non-Opposition and Reservation of Rights in Response to Motions to Appoint Lead Counsel (Greene, Douglas) |
| Filing 37 RESPONSE to Motion re (16 in 1:21-cv-00413-LJV-HKS, 16 in 1:21-cv-00413-LJV-HKS, 31 in 1:21-cv-00337-LJV-HKS, 31 in 1:21-cv-00337-LJV-HKS) MOTION to Appoint Counsel and Appoint Lead Plaintiff MOTION to Consolidate Cases , (11 in 1:21-cv-00413-LJV-HKS, 11 in 1:21-cv-00413-LJV-HKS, 19 in 1:21-cv-00337-LJV-HKS, 19 in 1:21-cv-00337-LJV-HKS) MOTION to Consolidate Cases MOTION to Appoint Counsel and Appointment of Co-Lead Plaintiffs, (12 in 1:21-cv-00413-LJV-HKS, 12 in 1:21-cv-00413-LJV-HKS, 22 in 1:21-cv-00337-LJV-HKS, 22 in 1:21-cv-00337-LJV-HKS) MOTION to Consolidate Cases MOTION to Appoint Counsel and Appoint Lead Plaintiffs, (15 in 1:21-cv-00413-LJV-HKS, 15 in 1:21-cv-00413-LJV-HKS, 30 in 1:21-cv-00337-LJV-HKS, 30 in 1:21-cv-00337-LJV-HKS) MOTION to Consolidate Cases , for Appointment as Lead Plaintiff MOTION to Appoint Counsel , (25 in 1:21-cv-00337-LJV-HKS, 25 in 1:21-cv-00337-LJV-HKS) MOTION to Consolidate Cases and for Appointment as Lead Plaintiff MOTION to Appoint Counsel , (7 in 1:21-cv-00413-LJV-HKS, 15 in 1:21-cv-00337-LJV-HKS) MOTION to Consolidate Cases , (26 in 1:21-cv-00337-LJV-HKS, 26 in 1:21-cv-00337-LJV-HKS) MOTION to Consolidate Cases MOTION to Appoint Counsel and Appointment as Lead Plaintiff, (20 in 1:21-cv-00337-LJV-HKS) MOTION to Consolidate Cases , MOTION to Appoint Counsel and Appoint Lead Plaintiff filed by Kevin Hawie. Associated Cases: 1:21-cv-00337-LJV-HKS, 1:21-cv-00413-LJV-HKS(Smith, Jules) |
| Filing 36 NOTICE by Timothy A. Brogan re (15 in 1:21-cv-00413-LJV-HKS, 15 in 1:21-cv-00413-LJV-HKS, 30 in 1:21-cv-00337-LJV-HKS, 30 in 1:21-cv-00337-LJV-HKS) MOTION to Consolidate Cases , for Appointment as Lead Plaintiff MOTION to Appoint Counsel Notice of Withdrawal of Motion Associated Cases: 1:21-cv-00337-LJV-HKS, 1:21-cv-00413-LJV-HKS(Rosenfeld, David) |
| Filing 35 NOTICE by Nathan A Aferi, William Douglas McConnell Notice of Non-Opposition Associated Cases: 1:21-cv-00337-LJV-HKS, 1:21-cv-00413-LJV-HKS(Hasson, Laurence) |
| E-Filing Notification: #15 MOTION to Consolidate Cases; Motion terminated; Incorrectly filed. See Doc. No. #19 for Correct filing as per attorney. (JLV) |
| E-Filing Notification: Document contains so ordered line and should be submitted via e-mail to the assigned judge. Refer to the Administrative Guide for e-mail addresses. No action required #16 MOTION to Consolidate Cases MOTION to Appoint Counsel and Appoint Lead Plaintiff (BK) |
| Filing 34 AFFIDAVIT in Support re (15 in 1:21-cv-00413-LJV, 15 in 1:21-cv-00413-LJV, 30 in 1:21-cv-00337-LJV-HKS, 30 in 1:21-cv-00337-LJV-HKS) MOTION to Consolidate Cases , for Appointment as Lead Plaintiff MOTION to Appoint Counsel filed by Timothy A. Brogan. (Attachments: #1 Exhibit A - PSLRA Notice, #2 Exhibit B - Certification, #3 Exhibit C - Estimate of losses, #4 Exhibit D - Declaration of Timothy A. Brogan in Support)Associated Cases: 1:21-cv-00337-LJV-HKS, 1:21-cv-00413-LJV(Rosenfeld, David) |
| Filing 33 DECLARATION re (16 in 1:21-cv-00413-LJV, 16 in 1:21-cv-00413-LJV, 31 in 1:21-cv-00337-LJV-HKS, 31 in 1:21-cv-00337-LJV-HKS) MOTION to Appoint Counsel and Appoint Lead Plaintiff MOTION to Consolidate Cases filed by John McKenzie . (Attachments: #1 Exhibit A - PSLRA Notice, #2 Exhibit B - Certification & Schedule A, #3 Exhibit C - Loss Chart, #4 Exhibit D - McKenzie Declaration, #5 Exhibit E - S+S Firm Resume)Associated Cases: 1:21-cv-00337-LJV-HKS, 1:21-cv-00413-LJV(Guglielmo, Joseph) |
| Filing 32 MEMORANDUM in Support re (15 in 1:21-cv-00413-LJV, 15 in 1:21-cv-00413-LJV, 30 in 1:21-cv-00337-LJV-HKS, 30 in 1:21-cv-00337-LJV-HKS) MOTION to Consolidate Cases , for Appointment as Lead Plaintiff MOTION to Appoint Counsel filed by Timothy A. Brogan. Associated Cases: 1:21-cv-00337-LJV-HKS, 1:21-cv-00413-LJV(Rosenfeld, David) |
| Filing 31 MOTION to Appoint Counsel and Appoint Lead Plaintiff, MOTION to Consolidate Cases by John McKenzie. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)Associated Cases: 1:21-cv-00337-LJV-HKS, 1:21-cv-00413-LJV(Guglielmo, Joseph) |
| Filing 30 MOTION to Consolidate Cases , for Appointment as Lead Plaintiff, MOTION to Appoint Counsel by Timothy A. Brogan. (Attachments: #1 Text of Proposed Order)Associated Cases: 1:21-cv-00337-LJV-HKS, 1:21-cv-00413-LJV(Rosenfeld, David) |
| Filing 29 DECLARATION signed by Garth A. Spencer re #26 MOTION to Consolidate Cases MOTION to Appoint Counsel and Appointment as Lead Plaintiff filed by Bingjie Zhu filed by Bingjie Zhu. (Attachments: #1 Exhibit A - Press Release, #2 Exhibit B - Certification of Movant, #3 Exhibit C - Movant Loss Chart, #4 Exhibit D - GPM Firm Resume)(Spencer, Garth) |
| Filing 28 DECLARATION signed by Laurence J. Hasson re (12 in 1:21-cv-00413-LJV, 12 in 1:21-cv-00413-LJV, 22 in 1:21-cv-00337-LJV-HKS, 22 in 1:21-cv-00337-LJV-HKS) MOTION to Consolidate Cases MOTION to Appoint Counsel and Appoint Lead Plaintiffs filed by Nathan A Aferi, William Douglas McConnell filed by Nathan A Aferi, William Douglas McConnell. (Attachments: #1 Exhibit Notice of Pendency, #2 Exhibit Movants' PSLRA Certifications, #3 Exhibit Movants' Loss Chart, #4 Exhibit Firm Rsum)Associated Cases: 1:21-cv-00337-LJV-HKS, 1:21-cv-00413-LJV(Hasson, Laurence) |
| Filing 27 MEMORANDUM in Support re #26 MOTION to Consolidate Cases MOTION to Appoint Counsel and Appointment as Lead Plaintiff filed by Bingjie Zhu. (Spencer, Garth) |
| Filing 26 MOTION to Consolidate Cases , MOTION to Appoint Counsel and Appointment as Lead Plaintiff by Bingjie Zhu. (Attachments: #1 Proposed Order)(Spencer, Garth) |
| Filing 25 MOTION to Consolidate Cases and for Appointment as Lead Plaintiff, MOTION to Appoint Counsel by Gilles Peyrot des Gachons. (Attachments: #1 Memorandum in Support, #2 Declaration of Jonathan Gardner, #3 Exhibit A - Certification, #4 Exhibit B - Loss Analysis, #5 Exhibit C - Notice, #6 Exhibit D - Gachons Declaration, #7 Exhibit E - Labaton Sucharow Firm Resume, #8 Text of Proposed Order)(Gardner, Jonathan) |
| Filing 24 DECLARATION signed by Melissa A. Fortunato re #20 MOTION to Consolidate Cases , MOTION to Appoint Counsel and Appoint Lead Plaintiff filed by Wendy Sloup, Joshua Harel, Dennison Adams filed by Wendy Sloup, Joshua Harel, Dennison Adams. (Attachments: #1 Exhibit 1 Certification, #2 Exhibit 2 Loss Chart, #3 Exhibit 3 Joint Declaration, #4 Exhibit 4 PSLRA Notice, #5 Exhibit 5 BES Firm Resume)(Fortunato, Melissa) |
| Filing 23 MEMORANDUM in Support re (12 in 1:21-cv-00413-LJV, 12 in 1:21-cv-00413-LJV, 22 in 1:21-cv-00337-LJV-HKS, 22 in 1:21-cv-00337-LJV-HKS) MOTION to Consolidate Cases MOTION to Appoint Counsel and Appoint Lead Plaintiffs filed by William Douglas McConnell, Nathan A Aferi. Associated Cases: 1:21-cv-00337-LJV-HKS, 1:21-cv-00413-LJV(Hasson, Laurence) |
| Filing 22 MOTION to Consolidate Cases , MOTION to Appoint Counsel and Appoint Lead Plaintiffs by William Douglas McConnell, Nathan A Aferi. (Attachments: #1 Text of Proposed Order)Associated Cases: 1:21-cv-00337-LJV-HKS, 1:21-cv-00413-LJV(Hasson, Laurence) |
| Filing 21 MEMORANDUM in Support re #20 MOTION to Consolidate Cases , MOTION to Appoint Counsel and Appoint Lead Plaintiff filed by Dennison Adams, Joshua Harel, Wendy Sloup. (Fortunato, Melissa) |
| Filing 20 MOTION to Consolidate Cases , MOTION to Appoint Counsel and Appoint Lead Plaintiff by Wendy Sloup, Joshua Harel, Dennison Adams. (Attachments: #1 Text of Proposed Order)(Fortunato, Melissa) |
| Filing 19 MOTION to Consolidate Cases , MOTION to Appoint Counsel and Appointment of Co-Lead Plaintiffs by Ballard Family Living Trust, Philip Harris, Sharon Harris. (Attachments: #1 Declaration, #2 Exhibit A - PSLRA Certifications, #3 Exhibit B - Loss Chart, #4 Exhibit C - Press Release, #5 Exhibit D - Joint Declaration, #6 Exhibit E - Firm Resumes, #7 Memorandum in Support, #8 Text of Proposed Order)Associated Cases: 1:21-cv-00337-LJV-HKS, 1:21-cv-00413-LJV(Riehler, Michael) |
| Filing 18 DECLARATION signed by Lucas E. Gilmore re (8 in 1:21-cv-00413-LJV, 8 in 1:21-cv-00413-LJV, 16 in 1:21-cv-00337-LJV-HKS, 16 in 1:21-cv-00337-LJV-HKS) MOTION to Consolidate Cases MOTION to Appoint Counsel and Appoint Lead Plaintiff filed by Kevin Hawie . (Attachments: #1 Exhibit A - Movant's Certification, #2 Exhibit B- Movant's Loss Chart, #3 Exhibit C- Movant's Declaration, #4 Exhibit D - Notice of Pendency, #5 Exhibit E- Firm Resume)Associated Cases: 1:21-cv-00337-LJV-HKS, 1:21-cv-00413-LJV(Smith, Jules) |
| Filing 17 MEMORANDUM IN SUPPORT re (16 in 1:21-cv-00337-LJV-HKS, 16 in 1:21-cv-00337-LJV-HKS, 8 in 1:21-cv-00413-LJV, 8 in 1:21-cv-00413-LJV) MOTION to Consolidate Cases MOTION to Appoint Counsel and Appoint Lead Plaintiff byKevin Hawie. Associated Cases: 1:21-cv-00337-LJV-HKS, 1:21-cv-00413-LJV(Smith, Jules) |
| Filing 16 MOTION to Consolidate Cases , MOTION to Appoint Counsel and Appoint Lead Plaintiff by Kevin Hawie. (Attachments: #1 Text of Proposed Order)Associated Cases: 1:21-cv-00337-LJV-HKS, 1:21-cv-00413-LJV(Smith, Jules) |
| Filing 15 MOTION to Consolidate Cases by Peter Koza, Naveen Gupta. (Attachments: #1 Declaration, #2 Exhibit A - PSLRA Certifications, #3 Exhibit B - Loss Chart, #4 Exhibit C - Press Releases, #5 Exhibit D - Joint Declaration, #6 Exhibit E - Firm Resumes, #7 Memorandum in Support)Associated Cases: 1:21-cv-00337-LJV-HKS, 1:21-cv-00413-LJV(Riehler, Michael) |
| Filing 14 TEXT REFERRAL ORDER (DISPOSITIVE) - Hon. H. Kenneth Schroeder Jr., United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. 636(b)(1)(A) and (B), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall also hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. 636(b)(1)(B) and (C). All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 4/28/2021. (CMD) |
| Filing 13 TEXT ORDER re: #11 STIPULATION and Proposed Scheduling Order is HEREBY SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 04/23/2021. (SAV) |
| Filing 12 NOTICE of Appearance by Tiffany Anna Miao on behalf of Athenex, Inc., Timothy Cook, Rudolf Kwan, Johnson Y.N. Lau (Miao, Tiffany) |
| Filing 11 STIPULATION and Proposed Scheduling Order by Athenex, Inc., Timothy Cook, Rudolf Kwan, Johnson Y.N. Lau. (Greene, Douglas) |
| Filing 10 Corporate Disclosure Statement by Athenex, Inc. (Greene, Douglas) |
| Filing 9 NOTICE of Appearance by Genevieve York-Erwin on behalf of Athenex, Inc., Timothy Cook, Rudolf Kwan, Johnson Y.N. Lau (York-Erwin, Genevieve) |
| Filing 8 NOTICE of Appearance by Douglas W. Greene on behalf of Athenex, Inc., Timothy Cook, Rudolf Kwan, Johnson Y.N. Lau (Greene, Douglas) |
| Filing 7 TEXT ORDER granting #4 Motion for Pro Hac Vice of Douglas W. Greene; #5 Motion for Pro Hac Vice of Genevieve York-Erwin, and #6 Motion for Pro Hac Vice of Tiffany A. Miao. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 4/19/2021. (CMD)-CLERK TO FOLLOW UP- |
| Filing 6 MOTION to appear pro hac vice for Tiffany A. Miao ( Filing fee $ 200 receipt number 0209-4217497.) by Athenex, Inc., Timothy Cook, Rudolf Kwan, Johnson Y.N. Lau.(Feldman, Brian) |
| Filing 5 MOTION to appear pro hac vice for Genevieve York-Erwin ( Filing fee $ 200 receipt number 0209-4217477.) by Athenex, Inc., Timothy Cook, Rudolf Kwan, Johnson Y.N. Lau.(Feldman, Brian) |
| Filing 4 MOTION to appear pro hac vice for Douglas W. Greene ( Filing fee $ 200 receipt number 0209-4217459.) by Athenex, Inc., Timothy Cook, Rudolf Kwan, Johnson Y.N. Lau.(Feldman, Brian) |
| Case reassigned to Hon. Lawrence J. Vilardo. Hon. John L. Sinatra, Jr. no longer assigned to this case. (JHF) |
| Filing 3 TEXT ORDER OF RECUSAL: I hereby recuse myself from further involvement in this matter and ask the Clerk of Court to reassign this matter to another district judge. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 3/25/2021. (KEF)-CLERK TO FOLLOW UP- |
| Filing 2 Summons Issued as to Athenex, Inc., Timothy Cook, Rudolf Kwan, Johnson Y.N. Lau. (JD) |
| Case Assigned to Hon. John L. Sinatra, Jr. Notification to Chambers of on-line civil case opening. (JD) |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(JD) |
| Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (JD) |
| Filing 1 COMPLAINT against Athenex, Inc., Timothy Cook, Rudolf Kwan, Johnson Y.N. Lau, filed by Naveen Gupta. (Attachments: #1 Affidavit PSLRA Certification, #2 Civil Cover Sheet, #3 Summons of Athenex, Inc., #4 Summons of Rudolf Kwan, #5 Summons of Johnson Y.N. Lau, #6 Summons of Timothy Cook)(Teti, Stephen) |
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