Donoghue et al v. Retrophin, Inc. et al, No. 1:2014cv07640 - Document 98 (S.D.N.Y. 2015)
Court Description: ORDER AND FINAL JUDGMENT. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT: 1. The Court has jurisdiction over the subject matter of this action, over the Plaintiffs, over Retrophin, and over Shkreli. 2. The Court finds that Plaintiffs, through their counsel, have vigorously prosecuted the claims set forth in the Second Amended Complaint on behalf of Retrophin. 3. The Stipulation is hereby approved as fair, reasonable and adequate and in the best interests of Retrophin and of its shareholders. T he parties are directed to consummate the Settlement in accordance with the terms and provisions of the Stipulation. 4. This Order and Final Judgment shall not constitute evidence of, or an admission by, Plaintiffs, Shkreli or Retrophin respecting th e validity or invalidity of any of the claims or defenses asserted by Plaintiffs or Shkreli as to liability or lack thereof with respect to any such claim or defense or for any recovery sought in the above-referenced matter, or of any wrongdoing or l ack of wrongdoing by Shkreli whatsoever. 5. The Second Amended Complaint is hereby dismissed on the merits, with prejudice and without costs, except as otherwise provided for herein. 6. Shkreli is hereby discharged and released from the "RELEASE D CLAIMS," as that term is defined in the Stipulation. 7. The PLAINTIFF RELEASING PARTIES, as that term is defined in the Stipulation, are permanently barred and enjoined from instituting any other action, in this or any other court or tribunal of this or any other jurisdiction, raising claims which could have been asserted in this Action against Shkreli for trading in Retrophin securities (as defined in 17 CFR § 240.3a11-1 under the Act) or derivative securities thereof (as defined in 17 CFR § 240.16a-1(c) under the Act), including, without limitation, options to acquire Retrophin securities or any other derivative security or instrument tied to the value of any Retrophin equity security, during the 16(b) Trading Period, reg ardless of the theory of liability. 8. Plaintiff's counsel are hereby awarded an attorneys' fee (inclusive of reimbursement of costs and disbursements) in the sum of $600,000, which sum the Court finds to be fair, reasonable and adequa te and which shall be paid to Plaintiffs' counsel by Shkreli after this Order has become Final as set forth in paragraphs 1 and 10 of the Stipulation. 9. The Court reserves jurisdiction over all matters relating to the enforcement, administratio n and performance of the Stipulation. 10. The Clerk of the Court is respectfully directed to enter and docket this Order and Final Judgment in this Action, and to close the case. It is SO ORDERED. (Signed by Judge Edgardo Ramos on 12/2/2015) (Attachments: # 1 Right to Appeal Form #1, # 2 Right to Appeal Form #2) (rjm)
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Donoghue et al v. Retrophin, Inc. et al Doc. 98 Att. 1 United States District Court Southern District of New York Ruby J. Krajick Clerk of Court Dear Litigant: Enclosed is a copy of the judgment entered in your case. If you disagree with a judgment or final order of the district court, you may appeal to the United States Court of Appeals for the Second Circuit. To start this process, file a “Notice of Appeal” with this Court’s Pro Se Intake Unit. You must file your notice of appeal in this Court within 30 days after the judgment or order that you wish to appeal is entered on the Court’s docket, or, if the United States or its officer or agency is a party, within 60 days after entry of the judgment or order. If you are unable to file your notice of appeal within the required time, you may make a motion for extension of time, but you must do so within 60 days from the date of entry of the judgment, or within 90 days if the United States or its officer or agency is a party, and you must show excusable neglect or good cause for your inability to file the notice of appeal by the deadline. Please note that the notice of appeal is a one-page document containing your name, a description of the final order or judgment (or part thereof) being appealed, and the name of the court to which the appeal is taken (the Second Circuit) – it does not include your reasons or grounds for the appeal. Once your appeal is processed by the district court, your notice of appeal will be sent to the Court of Appeals and a Court of Appeals docket number will be assigned to your case. At that point, all further questions regarding your appeal must be directed to that court. The filing fee for a notice of appeal is $505 payable in cash, by bank check, certified check, or money order, to “Clerk of Court, S.D.N.Y.” No personal checks are accepted. If you are unable to pay the $505 filing fee, complete the “Motion to Proceed in Forma Pauperis on Appeal” form and submit it with your notice of appeal to the Pro Se Intake Unit. If the district court denies your motion to proceed in forma pauperis on appeal, or has certified under 28 U.S.C. ' 1915(a)(3) that an appeal would not be taken in good faith, you may file a motion in the Court of Appeals for leave to appeal in forma pauperis, but you must do so within 30 days after service of the district court order that stated that you could not proceed in forma pauperis on appeal. For additional issues regarding the time for filing a notice of appeal, see Federal Rule of Appellate Procedure 4(a). There are many other steps to beginning and proceeding with your appeal, but they are governed by the rules of the Second Circuit Court of Appeals and the Federal Rules of Appellate Procedure. For more information, visit the Second Circuit Court of Appeals website at http://www.ca2.uscourts.gov/. THE DANIEL PATRICK MOYNIHAN UNITED STATES COURTHOUSE 500 PEARL STREET NEW YORK, NY 10007-1312 THE CHARLES L. BRIEANT, JR. UNITED STATES COURTHOUSE 300 QUARROPAS STREET WHITE PLAINS, NY 10601-4150 Rev. 5/23/14 Dockets.Justia.com U NITED S TATES D ISTRICT C OURT S OUTHERN D ISTRICT OF N EW Y ORK (List the full name(s) of the plaintiff(s)/petitioner(s).) _____CV________ ( -against- )( ) NOTICE OF APPEAL (List the full name(s) of the defendant(s)/respondent(s).) Notice is hereby given that the following parties: (list the names of all parties who are filing an appeal) in the above-named case appeal to the United States Court of Appeals for the Second Circuit from the judgment order entered on: (date that judgment or order was entered on docket) that: (If the appeal is from an order, provide a brief description above of the decision in the order.) Dated Signature * Name (Last, First, MI) Address Telephone Number * City State Zip Code E-mail Address (if available) Each party filing the appeal must date and sign the Notice of Appeal and provide his or her mailing address and telephone number, EXCEPT that a signer of a pro se notice of appeal may sign for his or her spouse and minor children if they are parties to the case. Fed. R. App. P. 3(c)(2). Attach additional sheets of paper as necessary. Rev. 12/23/13 U NITED S TATES D ISTRICT C OURT S OUTHERN D ISTRICT OF N EW Y ORK _____CV________ ( (List the full name(s) of the plaintiff(s)/petitioner(s).) )( ) MOTION FOR EXTENSION OF TIME TO FILE NOTICE OF APPEAL -against- (List the full name(s) of the defendant(s)/respondent(s).) I move under Rule 4(a)(5) of the Federal Rules of Appellate Procedure for an extension of time to file a notice of appeal in this action. I would like to appeal the judgment entered in this action on but did not file a notice of appearance within the required date time period because: (Explain here the excusable neglect or good cause that led to your failure to file a timely notice of appeal.) Dated: Signature Name (Last, First, MI) Address Telephone Number Rev. 12/23/13 City State E-mail Address (if available) Zip Code U NITED S TATES D ISTRICT C OURT S OUTHERN D ISTRICT OF N EW Y ORK _____CV_________ ( )( (List the full name(s) of the plaintiff(s)/petitioner(s).) MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL -against- (List the full name(s) of the defendant(s)/respondent(s).) I move under Federal Rule of Appellate Procedure 24(a)(1) for leave to proceed in forma pauperis on appeal. This motion is supported by the attached affidavit. Dated Signature Name (Last, First, MI) Address Telephone Number Rev. 12/23/13 City State E-mail Address (if available) Zip Code ) Application to Appeal In Forma Pauperis ______________________v. ______________________ Appeal No. __________________ District Court or Agency No. _________________ Affidavit in Support of Motion Instructions I swear or affirm under penalty of perjury that, because of my poverty, I cannot prepay the docket fees of my appeal or post a bond for them. I believe I am entitled to redress. I swear or affirm under penalty of perjury under United States laws that my answers on this form are true and correct. (28 U.S.C. § 1746; 18 U.S.C. § 1621.) Complete all questions in this application and then sign it. Do not leave any blanks: if the answer to a question is "0," "none," or "not applicable (N/A)," write that response. If you need more space to answer a question or to explain your answer, attach a separate sheet of paper identified with your name, your case's docket number, and the question number. Signed: _____________________________ Date: _____________________________ My issues on appeal are: (required): 1. For both you and your spouse estimate the average amount of money received from each of the following sources during the past 12 months. Adjust any amount that was received weekly, biweekly, quarterly, semiannually, or annually to show the monthly rate. Use gross amounts, that is, amounts before any deductions for taxes or otherwise. Income source Average monthly amount during the past 12 months Amount expected next month You Spouse You Spouse Employment $ $ $ $ Self-employment $ $ $ $ Income from real property (such as rental income) $ $ $ $ -112/01/2013 SCC Interest and dividends $ $ $ $ Gifts $ $ $ $ Alimony $ $ $ $ Child support $ $ $ $ Retirement (such as social security, pensions, annuities, insurance) $ $ $ $ Disability (such as social security, insurance payments) $ $ $ $ Unemployment payments $ $ $ $ Public-assistance (such as welfare) $ $ $ $ Other (specify): $ $ $ $ $0 $0 $0 $0 Total monthly income: 2. List your employment history for the past two years, most recent employer first. (Gross monthly pay is before taxes or other deductions.) Employer Address Dates of employment Gross monthly pay $ $ $ 3. List your spouse's employment history for the past two years, most recent employer first. (Gross monthly pay is before taxes or other deductions.) Employer Address Dates of employment Gross monthly pay $ $ $ -2- 4. How much cash do you and your spouse have? $________ Below, state any money you or your spouse have in bank accounts or in any other financial institution. Financial Institution Type of Account Amount you have Amount your spouse has $ $ $ $ $ $ If you are a prisoner seeking to appeal a judgment in a civil action or proceeding, you must attach a statement certified by the appropriate institutional officer showing all receipts, expenditures, and balances during the last six months in your institutional accounts. If you have multiple accounts, perhaps because you have been in multiple institutions, attach one certified statement of each account. 5. List the assets, and their values, which you own or your spouse owns. Do not list clothing and ordinary household furnishings. Home Other real estate Motor vehicle #1 (Value) $ (Value) $ (Value) $ Make and year: Model: Registration #: Motor vehicle #2 Other assets Other assets (Value) $ (Value) $ (Value) $ Make and year: Model: Registration #: -3- 6. State every person, business, or organization owing you or your spouse money, and the amount owed. Person owing you or your spouse money Amount owed to your spouse $ $ $ $ $ $ $ 7. Amount owed to you $ State the persons who rely on you or your spouse for support. Name [or, if a minor (i.e., underage), initials only] 8. Relationship Age Estimate the average monthly expenses of you and your family. Show separately the amounts paid by your spouse. Adjust any payments that are made weekly, biweekly, quarterly, semiannually, or annually to show the monthly rate. You Your Spouse Rent or home-mortgage payment (including lot rented for mobile home) Are real estate taxes included? [ ] Yes [ ] No Is property insurance included? [ ] Yes [ ] No $ $ Utilities (electricity, heating fuel, water, sewer, and telephone) $ $ Home maintenance (repairs and upkeep) $ $ Food $ $ Clothing $ $ Laundry and dry-cleaning $ $ Medical and dental expenses $ $ -4- Transportation (not including motor vehicle payments) $ $ Recreation, entertainment, newspapers, magazines, etc. $ $ Insurance (not deducted from wages or included in mortgage payments) Homeowner's or renter's: $ $ Life: $ $ Health: $ $ Motor vehicle: $ $ Other: $ $ $ $ Motor Vehicle: $ $ Credit card (name): $ $ Department store (name): $ $ Other: $ $ Alimony, maintenance, and support paid to others $ $ Regular expenses for operation of business, profession, or farm (attach detailed statement) $ $ Other (specify): $ $ $0 $0 Taxes (not deducted from wages or included in mortgage payments) (specify): Installment payments Total monthly expenses: 9. Do you expect any major changes to your monthly income or expenses or in your assets or liabilities during the next 12 months? [ ] Yes 10. [ ] No If yes, describe on an attached sheet. Have you spent — or will you be spending —any money for expenses or attorney fees in connection with this lawsuit? [ ] Yes [ ] No If yes, how much? $ ____________ -5- 11. Provide any other information that will help explain why you cannot pay the docket fees for your appeal. 12. Identify the city and state of your legal residence. City __________________________ State ______________ Your daytime phone number: ___________________ Your age: ________ Your years of schooling: ________ Last four digits of your social-security number: _______ Print Save -6- Reset Form
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