Exyte US Inc v. Athenex Inc et al

Adversary Proceeding
Lead BK case is: 4:23-bk-90295

Texas Southern Bankruptcy Court
Chapter 11
Judge:Marvin Isgur
Case #: 4:24-ap-03280
Nature of Suit2 Bankruptcy - Other
Case Filed:Mar 20, 2024
Last checked: never
Defendant
Athenex Inc
Represented By
Athenex Inc
contact info
Defendant
Immunitybio Inc
Represented By
Immunitybio Inc
contact info
Plaintiff
Exyte US Inc
Represented By
Exyte US Inc
contact info


Docket last updated: 04/04/2025 1:11 PM CDT
Thursday, April 03, 2025
29 29 1 pgs order Order to Appear pro hac vice Thu 04/03 10:56 AM
Order Granting Motion for Kerrin T. Klein to Appear pro hac vice Related [+] Note: Instructions to request Texas Southern CM/ECF registration through PACER are found [LINK:here] Signed on 4/3/2025. (acj4) (Main Document 29 replaced on 4/3/2025) (AaronJackson)
Related: [-] 26
28 28 1 pgs order Order to Appear pro hac vice Thu 04/03 10:54 AM
Order Granting Motion for Kyle C. Bisceglie to Appear pro hac vice Related [+] Note: Instructions to request Texas Southern CM/ECF registration through PACER are found [LINK:here] Signed on 4/3/2025. (acj4)
Related: [-] 25
Wednesday, April 02, 2025
27 27 notice Notice of Appearance and Request for Notice Wed 04/02 11:45 AM
Notice of Appearance and Request for Notice Filed by Jonathan Koevary Filed by on behalf of Immunitybio Inc (Koevary, Jonathan)
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26 26 motion Appear pro hac vice Wed 04/02 11:38 AM
MOTION to Appear Pro Hac Vice for Kerrin T. Klein (Fee Paid: $100, receipt number A26043115) Filed by Defendant Immunitybio Inc (Klein, Kerrin)
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25 25 motion Appear pro hac vice Wed 04/02 11:30 AM
MOTION to Appear Pro Hac Vice for Kyle C. Bisceglie (Fee Paid: $100, receipt number A26043039) Filed by Defendant Immunitybio Inc (Bisceglie, Kyle)
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Monday, March 10, 2025
24 24 court Document (Adversary) Thu 03/27 7:24 PM
Case transferred to the Southern District of Texas. (TF)
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Friday, March 07, 2025
23 23 court Document (Adversary) Thu 03/27 7:19 PM
DECISION AND ORDER denying19 Motion to Remand; granting2 Motion to Change Venue. Signed by Hon. Elizabeth A. Wolford on 03/07/2025. (MGB)
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Wednesday, May 15, 2024
22 22 court Document (Adversary) Thu 03/27 7:12 PM
REPLY/RESPONSE to RE:20 Memorandum in Opposition Related [+].(Moore, Brett)Modified on 3/27/2025 (th4)
Related: [-] 19 Motion to Remand,20 Memorandum in Opposition
Att: 1 #1 - Certification of John P. Madden
Att: 2 #2 - Exhibit A to Madden Certification
Att: 3 #3 - Exhibit B to Madden Certification
Att: 4 #4 - Supplemental Certification of Brett S. Moore
Att: 5 #5 - Exhibit A to Moore Certification
Att: 6 #6 - Exhibit B to Moore Certification
Att: 7 #7 - Exhibit C to Moore Certification
Att: 8 #8 - Exhibit D to Moore Certification
Att: 9 #9 - Exhibit E to Moore Certification
Wednesday, April 24, 2024
21 21 court Entry (Adversary) Thu 03/27 6:35 PM
TEXT ORDER re19 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)
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Thursday, April 18, 2024
20 20 court Document (Adversary) Thu 03/27 6:32 PM
MEMORANDUM in Opposition re2 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)
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19 19 court Document (Adversary) Thu 03/27 6:24 PM
CROSS-MOTION to REMAND filed by Immunitybio, Inc. (Bisceglie, Kyle) Modified on 4/19/2024 to convert to a pending motion (SG).
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18 18 court Entry (Adversary) Thu 03/27 6:20 PM
TEXT ORDER granting15 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)
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Wednesday, April 17, 2024
16 16 court Document (Adversary) Thu 03/27 6:17 PM
MOTION to appear pro hac vice for Peter E. Moran by Exyte U.S., Inc.(SG)
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15 15 court Document (Adversary) Thu 03/27 6:16 PM
MOTION to appear pro hac vice for Benjamin J. Hochberg by Exyte U.S., Inc.(SG)
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Tuesday, April 16, 2024
17 17 court Document (Adversary) Thu 03/27 6:19 PM
MOTION to appear pro hac vice for Bruce D. Mellar by Exyte U.S., Inc.(SG)
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Monday, April 08, 2024
14 14 court Entry (Adversary) Thu 03/27 6:07 PM
TEXT ORDER granting9 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)
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Thursday, April 04, 2024
13 13 court Entry (Adversary) Thu 03/27 6:05 PM
TEXT ORDER granting12 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)
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Wednesday, April 03, 2024
12 12 court Document (Adversary) Thu 03/27 5:59 PM
MOTION for Extension of Time to File Response/Reply as to 4 Text Order, (LETTER-MOTION) by Immunitybio, Inc.(Passarella, Michael)
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11 11 court Document (Adversary) Thu 03/27 5:33 PM
Corporate Disclosure Statement by Immunitybio, Inc. (Passarella, Michael)
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10 10 court Document (Adversary) Thu 03/27 5:20 PM
MOTION to appear pro hac vice ( Filing fee $ 200 receipt number ANYWDC-5146850.) by Immunitybio, Inc.(Passarella, Michael)
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9 9 court Document (Adversary) Thu 03/27 5:14 PM
MOTION to appear pro hac vice ( Filing fee $ 200 receipt number ANYWDC-5146848.) by Immunitybio, Inc.(Passarella, Michael)
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8 8 court Document (Adversary) Thu 03/27 5:03 PM
NOTICE of Appearance by Michael J. Passarella on behalf of Immunitybio, Inc (Passarella, Michael)
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7 7 court Document (Adversary) Thu 03/27 5:00 PM
Corporate Disclosure Statement by Exyte U.S., Inc. (O'Connor, Kevin)
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6 6 court Document (Adversary) Thu 03/27 4:41 PM
NOTICE of Appearance by Kevin Joseph O'Connor on behalf of Exyte U.S., Inc (O'Connor, Kevin)
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Friday, March 29, 2024
5 5 court Document (Adversary) Thu 03/27 4:38 PM
Corporate Disclosure Statement by Athenex, Inc. (Moore, Brett)
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Thursday, March 21, 2024
4 4 court Entry (Adversary) Thu 03/27 1:59 PM
TEXT ORDER re2 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)
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Wednesday, March 20, 2024
3 3 court Document (Adversary) Thu 03/27 1:54 PM
DECLARATION signed by Brett S. Moore, Esq. Related [+]
Related: [-] 2 MOTION to Change Venue ,1 Notice of Removal, 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 Agreement #9 Exhibit I - Removal Extension Order) (th4
2 2 court Document (Adversary) Thu 03/27 12:41 PM
MOTION to Change Venue by ATHENEX, INC.. (Moore, Brett)
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Att: 1 Memorandum in Support
1 1 cmp Complaint [system event] Mon 03/24 4:39 PM
Adversary case 24-03280 NOTICE of Removal by Athenex Inc from Eric County Supreme Court, Case Number 812016/2022. (Filing fee $405 receipt number ANYWDC-5134190), filed by Athenex Inc. Additional attachment(s) added on 3/25/2025 (TerriHanniable). Additional attachment(s) added on 3/25/2025 (TerriHanniable)
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