Shanghai Fosun Pharmaceutical (Group) Co., Ltd. v. Hajjar et al

Filing 69

ORDER GRANTING DISCONTINUANCE SOLELY OF RESPONDENT DR. JOHN HAJJAR, M.D. The Court has considered Petitioner Shanghai Fosun Pharmaceutical (Group) Co., Ltd. ("Shanghai Fosun") and Respondent Dr. John Hajjar, M.D.'s ("Hajjar") Stipulation of Discontinuance Solely of Respondent Dr. John Hajjar, M.D. (the "Stipulation"). IT IS THEREFORE ORDERED that the Stipulation is GRANTED. IT IS FURTHER ORDERED that the Action is discontinued solely as to Hajjar. IT IS FURTHER ORDERED that, notwithstanding the foregoing, the discontinuance of Hajjar in this Action shall not constitute a waiver, impairment or limitation of any claims, collections or causes of action arising from the Amended Judgment that Shanghai Fosun has , or may have, against SMS or SCH, or any of their respective assets, entities or properties, all of whichare expressly preserved in full force and effect. SO ORDERED. John Hajjar (M.D.) terminated. (Signed by Judge Jennifer L. Rochon on 1/27/2025) (jca)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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x
:
SHANGHAI FOSUN PHARMACEUTICAL
:
(GROUP) CO., LTD.,
:
:
Petitioner,
:
:
- against :
:
DR. JOHN HAJJAR, M.D., SOVEREIGN MEDICAL :
SERVICES, INC., and SOVEREIGN CAPITAL
:
HOLDINGS, LLC,
:
:
Respondents.
:
:
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Case No.: 22-cv-8269 (JLR)
STIPULATION OF
DISCONTINUANCE
SOLELY OF RESPONDENT
DR. JOHN HAJJAR, M.D.

Pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, Petitioner Shanghai
Fosun Pharmaceutical (Group) Co., Ltd. (“Shanghai Fosun”) and Respondent Dr. John Hajjar,
M.D. (“Hajjar”)1 hereby agree and stipulate as follows:
WHEREAS, on September 28, 2022, Shanghai Fosun commenced the above-captioned
action (the “Action”) by filing the Petition to Confirm Arbitration Award and for Pre- and PostJudgment Interest [ECF No. 1];
WHEREAS, on June 22, 2023, Shanghai Fosun submitted a letter in the Action, which,
inter alia, alerted the Court that Hajjar had commenced a proceeding under chapter 11 of the
Bankruptcy Code in the United States Bankruptcy Court for the District of New Jersey (the
“Bankruptcy Court”), and as a result, this Action was stayed solely as to Hajjar, but not as to SMS
and SCH [ECF No. 39];

1

Respondents Sovereign Medical Services, Inc. (“SMS”) and Sovereign Capital Holdings, LLC (“SCH”) have not
retained new counsel in this Action following the withdrawal of their former counsel. As corporate entities, SMS and
SCH cannot proceed in this Action pro se, and therefore this Stipulation is executed solely by Hajjar, in his individual
capacity.

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WHEREAS, on July 17, 2023, this Court entered an order granting the motion of former
counsel to Hajjar, SMS, and SCH to withdraw as counsel [ECF No. 44]. To date, neither SMS nor
SCH has appointed replacement counsel, and Hajjar has not retained any replacement counsel and
remains pro se in this Action;
WHEREAS, on December 1, 2023, the Court entered the Memorandum Opinion and
Order, pursuant to which, inter alia, Shanghai Fosun’s petition and motion to confirm the
arbitration award as against only SMS and SCH was granted, and the Court entered a judgment in
favor of Shanghai Fosun and against SMS and SCH [ECF No. 54];
WHEREAS, on December 7, 2023, the Court entered the Amended Judgment against SMS
and SCH [ECF No. 58] (the “Amended Judgment”); and
WHEREAS, on November 20, 2024, the Bankruptcy Court entered the Second Amended
Findings of Fact, Conclusions of Law, and Order Confirming Debtor’s First Amended Chapter 11
Plan, which, inter alia, held that (i) Hajjar was released from any claims or causes of action against
him arising prior to the effective date of Hajjar’s bankruptcy plan, and (ii) none of the releases set
forth in Hajjar’s bankruptcy plan shall impair, impact, or otherwise affect Shanghai Fosun’s claims
or causes of action against any non-debtor third parties, including, without limitation, SMS and
SCH.
NOW, THEREFORE, UPON THE FOREGOING RECITALS, WHICH ARE
INCORPORATED AS THOUGH FULLY SET FORTH HEREIN, IT IS HEREBY
STIPULATED AND AGREED, BY AND AMONG THE PARTIES THAT:
1.

The Action is discontinued solely as to Hajjar.

2.

Notwithstanding the forgoing, the discontinuance of Hajjar in this Action shall not

constitute a waiver, impairment or limitation of any claims, collections or causes of action arising
from the Amended Judgment that Shanghai Fosun has, or may have, against SMS or SCH, or any

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of their respective assets, entities or properties, all of which are expressly preserved in full force
and effect.
3.

This Stipulation may be executed in counterparts, each of which shall be deemed

an original, but all of which together shall constitute one and the same instrument, and it shall
constitute sufficient proof of this Stipulation to present any copies, electronic copies, or facsimiles
signed by the Parties here to be charged.
4.

The Court shall retain jurisdiction to resolve any disputes or controversies arising

from this Stipulation.
[Remainder of Page Intentionally Left Blank]

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Dated: January 24, 2025

By: /s/ Danielle Vrabie
SHEPPARD, MULLIN, RICHTER &
HAMPTON LLP
Danielle Vrabie
Damani Sims
30 Rockefeller Plaza
New York, New York 10112
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Petitioner Shanghai Fosun
Pharmaceutical Group Co., Ltd.

By:
Dr. John H. Hajjar, M.D.
90 Hoover Drive
Cresskill, NJ 07626

Respondent

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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x
:
:
SHANGHAI FOSUN PHARMACEUTICAL
:
(GROUP) CO., LTD.,
:
:
Petitioner,
:
:
- against :
DR. JOHN HAJJAR, M.D., SOVEREIGN MEDICAL :
:
SERVICES, INC., and SOVEREIGN CAPITAL
:
HOLDINGS, LLC,
:
:
Respondents.
:
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Case No.: 22-cv-8269 (JLR)

[PROPOSED] ORDER GRANTING DISCONTINUANCE SOLELY OF
RESPONDENT DR. JOHN HAJJAR, M.D.
The Court has considered Petitioner Shanghai Fosun Pharmaceutical (Group) Co., Ltd.
(“Shanghai Fosun”) and Respondent Dr. John Hajjar, M.D.’s (“Hajjar”) Stipulation of
Discontinuance Solely of Respondent Dr. John Hajjar, M.D. (the “Stipulation”). 1
IT IS THEREFORE ORDERED that the Stipulation is GRANTED.
IT IS FURTHER ORDERED that the Action is discontinued solely as to Hajjar.
IT IS FURTHER ORDERED that, notwithstanding the foregoing, the discontinuance of
Hajjar in this Action shall not constitute a waiver, impairment or limitation of any claims,
collections or causes of action arising from the Amended Judgment that Shanghai Fosun has, or
may have, against SMS or SCH, or any of their respective assets, entities or properties, all of which
SO ORDERED.

are expressly preserved in full force and effect.

__________________________
JENNIFER L. ROCHON
United States District Judge

Dated: January 27, 2025
New York New York
1

Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the
Stipulation.

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