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loanranger

11/28/15 8:02 AM

#131464 RE: Justfactsmam #131462

"Motions take 2-4 weeks to get a written decision."
I don't think there's any history to support that, even as a "general rule".

"This judge is particularly close to the issues raised......."
I'm not sure how you could possibly know that.

"....and will likely address it very quickly."
What "it" are you referring to?


She has a Thanksgiving table full of issues.

On October 29th she ordered:
"Members of the purported class therefore have until November 10, 2015 to move the Court to serve as lead plaintiffs. Opposition to any motion for appointment of lead plaintiff shall be served and filed by December 10, 2015. The conference to consider any motions for appointment of lead plaintiff and lead counsel shall be moved to December 18, 2015, at 3:30 p.m."

In response to that order Rosen provided an order for her signature on November 10 that would make Zagami lead plaintiff and Rosen lead counsel. There is nothing in the Docket to indicate that she has signed that proposed order.



After she gave Sullivan the OK to act pro vice on CTIX's behalf he submitted a letter motion on 11/19, attaching another order for the Judge's signature:
"The Court hereby vacates its Order dated October 29, 2015, and orders as follows:
(a)The first amended complaint filed by lead plaintiff on September 24, 2015(Dkt.10) shall serve as the operative, lead plaintiff complaint in this case
;
(b)Defendants’ motion to dismiss or answer
that complaint shall be filed and served
within 30 days of the appointment of lead plaintiff and lead counsel
;
(c)Plaintiff’s opposition to any motion to dismiss shall be filed and served within 30
days thereafter; and
(d)Defendants’ reply shall be served and filed within 15 days thereafter"

On 11/24 Rosen submitted a "LETTER RESPONSE in Opposition to Motion". The last line of that letter reads:
"For the foregoing reasons, Plaintiff respectfully requests leave to file an amended
complaint within 45 days of appointment of a lead plaintiff."

On 11/25 Sullivan issued a response to Rosen's response. The last line in his letter says:
"Pursuant to Your Honor’s Individual Rules
of Practice, Defendants respectfully request
oral argument on its letter-motion dated November 19, 2015."

There is nothing in the Docket to indicate that the Judge has signed the Sullivan proposed order (attached to his letter motion).


So when someone asks when "Just this next step that the judge must rule on..." might occur it's not an easy question to answer because we don't know exactly what the Judge perceives that next step to be. She could be contemplating all the wacky stuff that she's been presented with or she might be simply waiting for the sequence of events that she has actually scheduled to occur...
"Opposition to any motion for appointment of lead plaintiff shall be served and filed by December 10, 2015. The conference to consider any motions for appointment of lead plaintiff and lead counsel shall be moved to December 18, 2015, at 3:30 p.m."


slcimmuno

11/28/15 9:09 AM

#131467 RE: Justfactsmam #131462

SANCTIONS UNDER RULE 11
tome of background info on why deterring "legal malpractice" matters -- extensive Case Law cited (291 pgs).

https://jenner.com/system/assets/assets/5514/original/Sanctions_20Under_20Rule_2011-Complete_2010.pdf

Rosen's gotta be worried given regs, including among other things that caught me eye, the "reasonableness of inquiry" standard (p. 27/33) and a lawyer's "continuing obligation" to investigate the ongoing merits of any legal action. p. 32/38). Lots of cases cited where judges dealt sanctions.

Recall also Judge Faila is familiar with market manipulation -- she's an ex-Asst US Attorney for the Southern District of NY no less, and a former member of its Securities and Fraud Task Force, 2002-2004.

http://investorshub.advfn.com/boards/read_msg.aspx?message_id=118670334

Science-wise, a very nice surprise to see Fast Track awarded for B-OM. Orphan for K-Pancreatic and Fast Track for B-ABSSSI next in queue. Below, link to FDA slide deck on Breakthrough Therapy designation. Most comprehensive overview I've come across. At some point, BT might be another FDA feather in CTIX 1st in Class Onc/ABX cap.

(Repost)

"Breakthrough Therapy Designation: Exploring the Qualifying Criteria" (April 2015)--by phase-stage, # of supporting trials, biomarkers, Orphan Designation, study type, etc)

http://www.fda.gov/downloads/AboutFDA/CentersOffices/OfficeofMedicalProductsandTobacco/CDER/UCM447162.pdf