Exyte U.S., Inc. v. Athenex, Inc. et al
| EXYTYE U.S., INC. |
| ATHENEX, INC. and IMMUNITYBIO, INC. |
| 1:2024cv00242 |
| March 20, 2024 |
| US District Court for the Western District of New York |
| Contract: Other |
| 28 U.S.C. ยง 1452 R&R re motions to remand (non-core) |
| None |
Docket Report
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This docket was last retrieved on March 20, 2024. A more recent docket listing may be available from PACER.
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| 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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