Kazanchyan v. Retrophin, Inc. et alMOTION to Dismiss DEFENDANT MARTIN SHKRELIS NOTICE OF MOTION TO DISMISS THE FIRST AMENDED CONSOLIDATED COMPLAINT. DocumentS.D.N.Y.June 26, 2015UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK IN RE RETROPHIN, INC. SECURITIES LITIGATION Case No. 1:14-cv-08376-PKC ORAL ARGUMENT REQUESTED DEFENDANT MARTIN SHKRELI’S NOTICE OF MOTION TO DISMISS THE FIRST AMENDED CONSOLIDATED COMPLAINT PLEASE TAKE NOTICE that, upon the First Amended Consolidated Complaint herein, dated March 3, 2015, upon the written Memorandum of Law in Support of Defendant Martin Shkreli’s Motion to Dismiss the Complaint, upon the Declaration of Elissa J. Preheim, dated June 26, 2015 and the exhibits attached thereto, and upon all of the prior pleadings and proceedings had herein, Defendant Martin Shkreli, by the undersigned counsel, will move this Court, at a date and time selected by the Court, in the Courtroom of Hon. P. Kevin Castel, for the following relief: 1. An Order pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure dismissing the Complaint for failure to state a claim for which relief may be granted and entering judgment of dismissal with prejudice; 2. Or, alternatively, an Order pursuant to Rule 9(b) of the Federal Rules of Civil Procedure and/or the Private Securities Litigation Reform Act, 15 U.S. Code § 78u–4 et seq., dismissing with prejudice all claims as against Defendant Martin Shkreli for failure to allege those claims or elements necessary to those claims with sufficient particularity; and 3. Such other and further relief as the Court deems just and proper. Case 1:14-cv-08376-PKC Document 43 Filed 06/26/15 Page 1 of 2 2 PLEASE TAKE FURTHER NOTICE, that all opposition papers, if any, shall be filed and served by July 27, 2015 and all reply papers, if any, shall be filed by August 14, 2015 as ordered by the Court in its Endorsed Order dated May 26, 2015 (Dkt. 34). Dated: June 26, 2015 New York, New York ARNOLD & PORTER LLP By: /s/ Elissa J. Preheim Elissa J. Preheim Scott B. Schreiber Daniel M. Friedman (pro hac pending) 555 Twelfth Street, NW Washington, DC 20004-1206 202.942.5000 202.942.5999 (fax) Elissa.Preheim@aporter.com Scott.Schreiber@aporter.com Daniel.Friedman@aporter.com Mark R. Sylvester 399 Park Avenue New York, NY 10022-4690 212.715.1000 212.715.1399 (fax) Mark.Sylvester@aporter.com Attorneys for Defendant Martin Shkreli Case 1:14-cv-08376-PKC Document 43 Filed 06/26/15 Page 2 of 2
