Exyte U.S., Inc. v. Athenex, Inc. et al
| EXYTYE U.S., INC. and Exyte U.S., Inc |
| ATHENEX, INC., IMMUNITYBIO, INC., Athenex, Inc and Immunitybio, Inc |
| 1:2024cv00242 |
| March 20, 2024 |
| US District Court for the Western District of New York |
| Elizabeth A Wolford |
| Contract: Other |
| 28 U.S.C. § 1452 R&R re motions to remand (non-core) |
| None |
Docket Report
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| Document Text |
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| Filing 22 REPLY/RESPONSE to re #20 Memorandum in Opposition to Motion, #2 MOTION to Change Venue , #19 MOTION to Remand filed by Athenex, Inc. (Attachments: #1 Certification of John P. Madden, #2 Exhibit A to Madden Certification, #3 Exhibit B to Madden Certification, #4 Supplemental Certification of Brett S. Moore, #5 Exhibit A to Moore Certification, #6 Exhibit B to Moore Certification, #7 Exhibit C to Moore Certification, #8 Exhibit D to Moore Certification, #9 Exhibit E to Moore Certification)(Moore, Brett) |
| Pro hac vice fees paid for attorneys Benjamin J. Hochberg #4336, Bruce D. Mellar #4337 and Peter E. Morgan #4338. (DDS) |
| Filing 21 TEXT ORDER re #19 Cross-Motion to Remand. Responses to the cross-motion and replies to the motion to change venue are due on or before May 15, 2024. Upon review of the papers, the Court will determine if oral argument is necessary and, if so, will inform the parties of the date and time. Otherwise, the matter will be deemed submitted and decided on the papers. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 04/24/2023. (MGB) |
| Filing 20 MEMORANDUM in Opposition re #2 MOTION to Change Venue MEMORANDUM OF LAW IN OPPOSITION TO MOTION TO TRANSFER VENUE AND IN SUPPORT OF CROSS-MOTION TO REMAND filed by Immunitybio, Inc. (Bisceglie, Kyle) |
| Filing 19 CROSS-MOTION to REMAND filed by Immunitybio, Inc. (Bisceglie, Kyle) Modified on 4/19/2024 to convert to a pending motion (SG). |
| Filing 18 TEXT ORDER granting #15 Motion for Pro Hac Vice by Benjamin J. Hochberg; granting #16 Motion for Pro Hac Vice by Peter E. Moran; granting #17 Motion for Pro Hac Vice by Bruce D. Mellar. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 04/18/2024. (MGB)Clerk to Follow up |
| Filing 16 MOTION to appear pro hac vice for Peter E. Moran by Exyte U.S., Inc.(SG) |
| Filing 15 MOTION to appear pro hac vice for Benjamin J. Hochberg by Exyte U.S., Inc.(SG) |
| Verified admission to the New York State Bar for Attorneys Bruce D. Mellar, Peter E. Moran and Benjamin J. Hochberg. (SG) |
| Filing 17 MOTION to appear pro hac vice for Bruce D. Mellar by Exyte U.S., Inc.(SG) |
| Filing 14 TEXT ORDER granting #9 Motion for Pro Hac Vice by Kerrin T. Klein; granting #10 Motion for Pro Hac Vice by Kyle C. Bisceglie. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 04/08/2024. (MGB)Clerk to Follow up |
| Filing 13 TEXT ORDER granting #12 Motion for Extension of Time. Responses to the motion to change venue (Dkt. 2) are due on or before April 18, 2024. Replies are due on or before April 25, 2024. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 04/04/2024. (MGB) |
| Filing 12 MOTION for Extension of Time to File Response/Reply as to 4 Text Order, (LETTER-MOTION) by Immunitybio, Inc.(Passarella, Michael) |
| Filing 11 Corporate Disclosure Statement by Immunitybio, Inc. (Passarella, Michael) |
| Filing 10 MOTION to appear pro hac vice ( Filing fee $ 200 receipt number ANYWDC-5146850.) by Immunitybio, Inc.(Passarella, Michael) |
| Filing 9 MOTION to appear pro hac vice ( Filing fee $ 200 receipt number ANYWDC-5146848.) by Immunitybio, Inc.(Passarella, Michael) |
| Filing 8 NOTICE of Appearance by Michael J. Passarella on behalf of Immunitybio, Inc (Passarella, Michael) |
| Filing 7 Corporate Disclosure Statement by Exyte U.S., Inc. (O'Connor, Kevin) |
| Filing 6 NOTICE of Appearance by Kevin Joseph O'Connor on behalf of Exyte U.S., Inc (O'Connor, Kevin) |
| Filing 5 Corporate Disclosure Statement by Athenex, Inc. (Moore, Brett) |
| ATTENTION ALL PLAINTIFFS OR INTERVENORS: Pursuant to Fed. R. Civ. P.7.1 and/or General Order No. 157. In the Matter of Disclosure of Members, Shareholders, Partners, and Leaders of Business Organization Parties, all Disclosure Statements are to be filed within seven (7) days of this notice. (KM) |
| Remark: Clerk mailed a copy of #4 Text Order to Attorney Bruce D. Meller. (BLA) |
| Filing 4 TEXT ORDER re #2 Motion to Change Venue. Responses are due on or before April 11, 2024. Replies are due on or before April 18, 2024. Upon review of the papers, the Court will determine if oral argument is necessary and, if so, will inform the parties of the date and time. Otherwise, the matter will be deemed submitted and decided on the papers. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 03/21/2024. (MGB) |
| Case Assigned to Hon. Elizabeth A. Wolford. Notification to Chambers of on-line civil case opening. (TMK) |
| AUTOMATIC REFERRAL TO MEDIATION Pursuant to Section 2.1(A) of the Plan for Alternative Dispute Resolution in the United States District Court for the Western District of New York (the ADR Plan), this case is automatically referred to ADR. To access the ADR Plan and for inquiries regarding the Court's ADR Program please review the Court's #ADR webpage and/or contact the Court's ADR Administrator at #adrprogram@nywd.uscourts.gov.' Prior to the Local Rule 16 scheduling conference, counsel and unrepresented parties shall review the #ADR Plan and confer with each other regarding ADR for this case. Unless the parties agree to a different intervention, it is presumed they will participate in mediation. The parties shall be prepared to report on the outcome of their ADR discussion at the scheduling conference, as the initial Scheduling Order for this case will establish ADR deadlines in accordance with the ADR Plan.(TMK) |
| 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. (TMK) |
| Filing 3 DECLARATION signed by Brett S. Moore, Esq. re #2 MOTION to Change Venue , #1 Notice of Removal,,,,,,,,,,,,,,, filed by ATHENEX, INC. filed by ATHENEX, INC.. (Attachments: #1 Exhibit A - Notice of Chapter 11 Bankruptcy Case, #2 Exhibit B - Bankruptcy Docket, #3 Exhibit C - Exyte Proof of Claim, #4 Exhibit D - ImmunityBio Proof of Claim, #5 Exhibit E - Plan, #6 Exhibit F - Confirmation Order, #7 Exhibit G - Notice of Effective Date, #8 Exhibit H - Liquidating Trust Agreeement, #9 Exhibit I - Removal Extension Order)(Moore, Brett) |
| Filing 2 MOTION to Change Venue by ATHENEX, INC.. (Attachments: #1 Memorandum in Support)(Moore, Brett) |
| Filing 1 NOTICE OF REMOVAL by ATHENEX, INC. from Erie County Supreme Court, case number 812016/2022. (Filing fee $ 405 receipt number ANYWDC-5134190), filed by ATHENEX, INC.. (Attachments: #1 Exhibit 1 - Summons + Complaint, #2 Exhibit 2 - AOS upon Athenex, #3 Exhibit 3 - AOS upon ImmunityBio, #4 Exhibit 4 - Stipulation - Time to Answer, #5 Exhibit 5 - Stipulation - Time to Answer, #6 Exhibit 6 - Athenex's Answer with Counterclaims, #7 Exhibit 7 - Notice of Motion, #8 Exhibit 8 - Memorandum of Law, #9 Exhibit 9 - Affirmation In Support, #10 Exhibit 10 - DB Agreement, #11 Exhibit 11 - Certificate, #12 Exhibit 12 - Agreement, #13 Exhibit 13 - Schedule, #14 Exhibit 14 - Correspondence, #15 Exhibit 15 - Correspondence, #16 Exhibit 16 - Schedule, #17 Exhibit 17 - Schedule, #18 Exhibit 18 - Invoice, #19 Exhibit 19 - RJI, #20 Exhibit 20 - Addendum - Commercial Division, #21 Exhibit 21 - Stipulation - Adjournment of Motion, #22 Exhibit 22 - Stipulation - Time to Answer, #23 Exhibit 23 - Exyte's Answer to Counterclaim of Athenex, #24 Exhibit 24 - Notice of Cross-Motion, #25 Exhibit 25 - Affirmation of James P. Domagalski, #26 Exhibit 26 - Plaintiff Exyte, Inc.'s Complaint, #27 Exhibit 27 - Defendant Athenex's Answer and Counterclaims, #28 Exhibit 28 - Design/Build Agreement dated 12/29/2017 and subsequently amended, #29 Exhibit 29 - Purchase Agreement dated 2/14/22 between Athenex and ImmunityBio, #30 Exhibit 30 - Memorandum of Law in Support, #31 Exhibit 31 - Memorandum of Law in Opposition, #32 Exhibit 32 - Affirmation of Benjamin J. Hochberg, #33 Exhibit 33 - Exyte Complaint, #34 Exhibit 34 - Athenex Answer, #35 Exhibit 35 - Complete DB Agreement, #36 Exhibit 36 - Purchase Agreement, #37 Exhibit 37 - June 3, 2022 Letter to Exyte, #38 Exhibit 38 - June 3, 2022 Letter to Athenex, #39 Exhibit 39 - June 22, 2022 Letter, #40 Exhibit 40 - July 21, 2022 Letter from Exyte, #41 Exhibit 41 - August 18, 2021 Letter, #42 Exhibit 42 - Deficiency Report, #43 Exhibit 43 - Demand for Trust Statement, #44 Exhibit 44 - Athenex Verified Statement with CCR, #45 Exhibit 45 - Response to Demand for Verified Statement, #46 Exhibit 46 - IMB Form 8-K, #47 Exhibit 47 - IMB 10Q of March 31, 2022, #48 Exhibit 48 - Domagalski Affirmation, #49 Exhibit 49 - Memorandum of Law in Reply, #50 Exhibit 50 - Affirmation in Reply, #51 Exhibit 51 - Schedule 2.1(d), #52 Exhibit 52 - Schedule 7.2, #53 Exhibit 53 - Memorandum of Law in Opposition, #54 Exhibit 54 - Affirmation in Opposition, #55 Exhibit 55 - Exyte Complaint, #56 Exhibit 56 - Athenex Answer, #57 Exhibit 57 - Exyte Answer to CC, #58 Exhibit 58 - Schedules from Purchase Agreement, #59 Exhibit 59 - Purchase Agreement - Selected Portion from 2.3, #60 Exhibit 60 - Notice of Bankruptcy (Post RJI), #61 Exhibit 61 - Electronic Notice of Bankruptcy Case Filing, #62 Exhibit 62 - Letter/Correspondence to Judge, #63 Exhibit 63 - Letter/Correspondence to Judge, #64 Exhibit 64 - Purchase Agreement, #65 Exhibit 65 - Notice for Discovery, #66 Exhibit 66 - Letter/Correspondence to Judge, #67 Exhibit 67 - AAC Agreement, #68 Exhibit 68 - Exyte's FOIL Request, #69 Exhibit 69 - Fed Ex Receipts, #70 Exhibit 70 - Order (Proposed), #71 Exhibit 71 - Transcript of July 19, 2023 Proceeding, #72 Exhibit 72 - Order, #73 Exhibit 73 - Letter/Correspondence to Judge, #74 Exhibit 74 - Letter/Correspondence to Judge, #75 Exhibit 75 - Letter/Correspondence to Judge, #76 Exhibit 76 - Confirmed Bankruptcy Plan of Athenex, #77 Exhibit 77 - State Court Document List, #78 Exhibit 78 - Civil Cover Sheet)(Moore, Brett) |
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