Platinum-Montaur Life Sciences, LLC v. Navidea Biopharmaceuticals, Inc.

Filing 50

ORDER: IT IS HEREBY ORDERED that the parties must appear for a status conference on January 24, 2020, at 10:00 A.M. (As further set forth in this Order.) (Status Conference set for 1/24/2020 at 10:00 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 12/19/2019) (cf)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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PLATINUM-MONTAUR LIFE SCIENCES LLC, :
:
Plaintiff,
:
:
v.
:
:
NAVIDEA BIOPHARMACEUTICALS, INC.,
:
:
Defendant.
:
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USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 12/19/2019

17-CV-9591 (VEC)
ORDER

VALERIE CAPRONI, United States District Judge:
WHEREAS the Court of Appeals for the Second Circuit has issued a mandate remanding
the case to this Court “to conduct further proceedings, if any, as it deems appropriate,” Dkt. 49-1;
IT IS HEREBY ORDERED that the parties must appear for a status conference on
January 24, 2020, at 10:00 A.M. The parties must submit a joint pre-conference letter on or
before January 16, 2020, setting forth the parties’ position(s) on next steps. In particular, the
parties should address the two options discussed by the Second Circuit, namely whether this
Court should “remand[] the case to state court because Navidea had failed to allege complete
diversity of citizenship or to establish diversity through discovery,” or “order further discovery to
determine whether there was complete diversity of citizenship,” an action that should be taken
“with caution.” Dkt. 49-1 at 11–12. If the parties consent to remand to state court, they may
submit a proposed order and request that the Court adjourn the status conference.

SO ORDERED.
Date: December 19, 2019
New York, NY

_________________________________
VALERIE CAPRONI
United States District Judge