Impax Laboratories, Inc. v. Turing Pharmaceuticals AGMOTION for Summary JudgmentS.D.N.Y.October 14, 2016UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK IMPAX LABORATORIES, INC., 16 Civ. 3241 (ER) (JLC) Plaintiff, ORAL ARGUMENT REQUESTED -against- TURING PHARMACEUTICALS AG,’ Defendant. NOTICE OF MOTION FOR PARTIAL SUMMARY JUDGMENT PLEASE TAKE NOTICE THAT, upon the annexed Statement of Undisputed Material Facts, the separately bound Declaration of Benjamin Nafialis and all exhibits thereto, and the accompanying Memorandum of Law, all dated October 14, 2016, and the Declarations of Christopher Gerber and George Hill and all exhibits thereto, both dated October 13, 2016, the undersigned hereby moves this Court on behalf of Plaintiff Impax Laboratories, Inc. in the above-captioned action, before the Honorable Edgardo Ramos, United States District Judge, at the United States District Court for the Southern District of New York — Thurgood Marshall Courthouse, 40 Foley Square, Courtroom 619, New York, New York 10007, on a date and time to be determined, for an order granting partial summary judgment on Impax’s claim for breach of contract (Count 3) and defendant Turing Pharmaceuticals AG’s counterclaims for breach of contract and the implied duty of good faith and fair dealing (Counts 1 and 2) pursuant to Federal Rule of Civil Procedure 56, and for such other relief as this Court deems just and proper. Case 1:16-cv-03241-ER Document 78 Filed 10/14/16 Page 1 of 2 PLEASE TAKE FURTHER NOTICE THAT, pursuant to a determination during the conference held before this Court on October 6, 2016, opposition papers and any cross-motion papers shall be served and filed by November 14, 2016. Dated: October 14, 2016 New York, New York LATHAM & WATKINS LLP By: ___________________ Janes E. Brandt Benjamin Nafialis Lilia Vazova 885 Third Avenue New York, New York 10022 Telephone: 212.906.1200 Facsimile: 212.751.4864 Email: james.brandt@lw.com benj amin.nafialis@lw.com lilia.vazova@lw.com Case 1:16-cv-03241-ER Document 78 Filed 10/14/16 Page 2 of 2
