Royalty Pharma Collection Trust v. Gilead Sciences, Inc

Filing 18

ORDER re: #17 NOTICE of Voluntary Dismissal Without Prejudice. Signed by Judge Yvonne Gonzalez Rogers on 2/3/2022. (amg, COURT STAFF) (Filed on 2/3/2022)

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Attorneys for Plaintiff
ROYALTY PHARMA COLLECTION TRUST

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Judge Yvo

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LAURA A. STOLL (CSB 255023)
[e-mail]
GOODWIN PROCTER LLP
601 South Figueroa Street, 41st Floor
Los Angeles, California 90017
Tel.: [phone]
Fax: [phone]

UNIT
ED

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F
D IS T IC T O
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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ROYALTY PHARMA COLLECTION
TRUST,
Plaintiff,
v.
GILEAD SCIENCES, INC.,

Case No. 4:21-cv-09954-YGR
ORDER GRANTING NOTICE OF
VOLUNTARY DISMISSAL WITHOUT
PREJUDICE
Hon. Yvonne Gonzalez Rodgers

Defendant.

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GOODWIN PROCTER LLP
ATTORNEYS AT LAW
LOS ANGELES

Notice of Voluntary Dismissal Without Prejudice, Case No. 4:21-cv-09954-YGR

NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE

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Plaintiff Royalty Pharma Collection Trust (“RPCT”) hereby voluntarily dismisses the

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above-referenced matter without prejudice, in accordance with Federal Rule of Civil Procedure

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41(a). As basis for the dismissal, Plaintiff states the following:

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1.

On December 17, 2021, RPCT filed the instant action in The Superior Court of

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California, San Mateo County, seeking damages for alleged breach of contract by Defendant

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Gilead Sciences, Inc. (“Defendant” or “Gilead”) (together with Plaintiff, the “Parties”).

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2.

On December 22, 2021, Gilead removed this action to this Court, alleging that this

Court has jurisdiction over Plaintiff’s complaint under 28 U.S.C. § 1441(a).
3.

RPCT contests that this Court has jurisdiction over this action because there is no

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requisite complete diversity of citizenship between the Parties. RPCT has communicated this

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position to counsel for Gilead.

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4.

As explained in detail its Motion to Dismiss in Favor of Arbitration, filed January

12, 2022, Gilead now contends that this dispute is arbitrable.
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Accordingly, RPCT filed a demand with the American Arbitration Association this

morning with the same claims as the complaint in this action.
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RPCT therefore voluntarily dismisses this action without prejudice pursuant to

Rule 41(a) so that the parties may proceed with arbitration of their dispute.

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Dated: January 26, 2022

Respectfully submitted,
GOODWIN PROCTER LLP

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By: /s/ Laura A. Stoll
LAURA A. STOLL
[e-mail]
GOODWIN PROCTER LLP
601 South Figueroa Street, 41st Floor
Los Angeles, California 90017
Tel.: [phone]
Fax: [phone]
Attorneys for Plaintiff
ROYALTY PHARMA COLLECTION TRUST

GOODWIN PROCTER LLP
ATTORNEYS AT LAW
LOS ANGELES

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Notice of Voluntary Dismissal Without Prejudice, Case No. 4:21-cv-09954-YGR

CERTIFICATE OF SERVICE

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I hereby certify that I electronically filed the foregoing with the Clerk of the Court for the

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United States District Court for the Northern District of California by using the CM/ECF system

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on January 26, 2022. I further certify that all participants in the case are registered CM/ECF users

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and that service will be accomplished by the CM/ECF system.

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I certify under penalty of perjury that the foregoing is true and correct. Executed this 26th
day of January, 2022.

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/s/ Laura A. Stoll____________________
Laura A. Stoll

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GOODWIN PROCTER LLP
ATTORNEYS AT LAW
LOS ANGELES

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Notice of Voluntary Dismissal Without Prejudice, Case No. 4:21-cv-09954-YGR