X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

MEMORANDUM OPINION AND ORDER There are two motions pending before this Court. The first motion is a motion to dismiss by the defendant, Avara US Holdings LLC (“Avara US”), arguing that this action should be dismissed pursuant to Federal Rule of Civil Procedure 12(b)(1) and the Colorado River abstention doctrine. ECF No. 37. The second motion is a motion for partial summary judgment on Counts I, II, and III of the complaint by the plaintiff, JPMorgan Chase Bank, N.A. (“JPMorgan”), pursuant to Federal Rule of Civil Procedure 56. ECF No. 6. The plaintiff seeks judgment on its breach of contract claim and declaratory judgment that the plaintiff is entitled to foreclose on and/or exercise proxy rights related to the pledged equity interests of the defendant. For the reasons explained below, the defendant’s motion pursuant to the Colorado River abstention doctrine is granted, but the case is stayed rather than dismissed. The plaintiff’s motion for partial summary judgment is denied without prejudice. I. A. Background Avara Pharmaceutical Services Ltd. (together with its affiliates, “Avara”) is a manufacturer of compounds and products for pharmaceutical companies. Declaration of Leonard M. Levie (“Levie Decl.”)

3-4, ECF No. 39. Defendant Avara US is an affiliate holding company that owns 100 percent of the shares of Avara Pharmaceutical Technologies, Inc. (“Avara Norman”), an affiliate that owns and operates a manufacturing facility in Norman, Oklahoma. Id.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

New York Legal Awards (NYLA) 2024

September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More

Women, Influence & Power in Law UK Awards 2024

March 06, 2024
London, UK

Women, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable difference in the legal profession.


Learn More

Florida Legal Awards (FLLA) 2024

April 04, 2024
Miami, FL

Daily Business Review honors attorneys and judges who have made a remarkable difference in the legal profession in Florida.


Learn More

Associate Attorney


Seeking Estate Administration Attorney for busy boutique office. Huge upside potential and growth opportunity.NYS Bar Admission and relevan...


Apply Now ›

San Francisco - Labor and Employment Associate


Description: Fox Rothschild LLP has an opening in the San Francisco, CA office for an associate in our Labor & Employment Department. Th...


Apply Now ›

(EXCLUSIVE) ASSOCIATE WANTED FOR MID-SIZED FIRM RARE OPPORTUNITY TO SUPPORT PARTNER WITH BOTH LITGATION AND TRANSACTIONAL MATTERS (Atlanta, GA)


Our client, a mid-sized Atlanta based litigation firm, is seeking to add an associate to their expanding ranks. Ideal candidates will have 2...


Apply Now ›

Danaher Lagnese, PC

02/22/2024
Connecticut Law Tribune

Professional Announcement


View Announcement ›

Blume Forte Fried Zerres & Molinari

02/19/2024
New Jersey Law Journal

Frederick D. Miceli has joined the firm as Of Counsel


View Announcement ›

BENCHMARK RESOLUTION SERVICES, LLC

01/29/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›