Navidea Biopharmaceuticals, Inc. v. Goldberg

Filing 375

ORDER with respect to 372 Letter Motion to Compel. IT IS HEREBY ORDERED that Thompson and M&G must respond to the Motion by no later than Wednesday September 25, 2024, or the Court will presume that they are not objecting to the relief sought by the Motion. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/23/2024) (tg)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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IN RE: NAVIDEA BIOPHARMACEUTICALS :
LITIGATION
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USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 9/23/24
19-CV-1578 (VEC)
ORDER

VALERIE CAPRONI, United States District Judge:
WHEREAS Thompson Hine (“Thompson”) withdrew as counsel for Navidea and
Macrophage on September 14, 2023 without providing an explanation and without stating
whether the firm is asserting a retaining or charging lien, see Dkt. 337;
WHEREAS Mintz & Gold (“M&G”) withdrew as counsel on June 10, 2024, and Barry
Kazan’s affirmation stated “M&G is not asserting a retaining or charging lien in this action at the
present time,” see Dkt. 352;
WHEREAS Navidea and Macrophage retained Winstead as counsel, who first informed
the Court on July 16, 2024 that Thompson and M&G were asserting a retaining lien on the
litigation files, see Dkt. 365;
WHEREAS on September 4, 2024, Plaintiff Navidea Biopharmaceuticals, Inc., and
Third-Party Defendant Macrophage Therapeutics, Inc., filed a motion to compel (“Motion”) their
prior counsel, Thompson Hine LLP (“Thompson”) and Mintz & Gold LLP (“M&G”), to transfer
the litigation files related to their representation in this matter, see Mot., Dkt. 372; and
WHEREAS Navidea and Macrophage served the Motion on Thompson and M&G on
September 4, 2024, see Dkt. 374, and neither firm filed a response.
IT IS HEREBY ORDERED that Thompson and M&G must respond to the Motion by no
later than Wednesday September 25, 2024, or the Court will presume that they are not objecting
to the relief sought by the Motion.

SO ORDERED.
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VALERIE CAPRONI
United States District Judge

Date: September 23, 2024
New York, New York

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