POLL: Will the motion to dismiss be granted or denied ?

[Think2Succeed]

The oral argument hearing is set for Jan 5, 2016 at 10:00 AM PST. You can vote in this poll until Jan 5th.

T2S

[end2war]

T2S

You have a problem with the polls. I voted 3 times for I think it will be granted. LOL.

[Think2Succeed]

Dec 28, 2015 15:31:50 GMT -5 end2war said:

T2S

You have a problem with the polls. I voted 3 times for I think it will be granted. LOL.

I don't see any problem with the polls....each user's vote is registered only once. As you can see there are currently 6 votes by 6 voters (click on the view voters to see them). end2war if you have questions or comments related to the board's functionality please PM me or post it in the board's logistics section and not in the thread where you think there is an issue as that disrupts the flow of the discussion for that thread. Thanks !

Here's a picture with the current 6 voters:

T2S

[Think2Succeed]

It seems like it will not be dismissed...not a final decision though and I don't know how credible is this source:

www.law360.com/articles/743110/arrowhead-can-t-ditch-investor-suit-over-hep-b-drug-trial

T2S

[qbeing1010]

The wording in that article suggests there is a chance the judge may still dismiss, don't you think?

[Think2Succeed]

Yes that's how I interpreted as well...let's wait for the final decision then we'll take it from there.

Edit: It's now posted on pace monitor, the motion to dismiss has been denied:

"MINUTES OF Motion Hearing held before Judge Consuelo B. Marshall: RE Plaintiffs Motion to consolidate the related actions and appointplaintiff lead counsel17 AND Plaintiff Weismans counter-motion for consolidation and appointment of co-lead plaintiffs and co-lead counsel38 .The Court and counsel confer regarding the status of the case. Following discussions with the parties, the Court denies without prejudice both motions.Court Reporter: Deborah Gackle. (lc)"

T2S

[kreyn]

T2S,

The motion to dismiss has not been denied at this point. It is still under advisement. 
The 2 motions that were denied were both related to plaintiff motions related to lead plaintiff and lead counsel.

Here's the link related to the motion to dismiss:

www.pacermonitor.com/public/case/4830074/Zhongmin_Wang_v_Arrowhead_Research_Corporation_et_al

[Think2Succeed]

Thanks Kreyn...yes now it seems that it is under advisement but when I checked earlier there was a different text there as you can see from my quoted paragraph. Well at least there is still a chance it might be granted after all.

T2S

[kreyn]

T2S,

The confusion is due to there being 2 different dockets. The one that you copied the text from is at this link: www.pacermonitor.com/case/5385056/Bernstein_v_Anzalone_et_al and both motions have been denied.
The other docket is the one pertaining to the motion to dismiss- www.pacermonitor.com/public/case/4830074/Zhongmin_Wang_v_Arrowhead_Research_Corporation_et_al  - and that one has been taken under advisement.

I hope this clears things up for everyone.

[mudbug021]

I was in the undecided group, but am now leaning towards this going to trial. In my mind, the longer it takes the more likelihood this goes to trial. I still think its a waste of time and money but the circus has to finish its show.

[christopher2206]

T2S,

Has there been anything new published on the lawsuit since January 6? I am somewhat unclear on the status of the case moving forward. Has anything ever been made public in regards to what the plaintiffs are seeking in terms of damages? I hope maybe Dr. A will address this in the Feb 9 call. I look at the suit as a potential threat to cash on hand and if they are made to pay anything I look for it to be an unfortunate, but great buying opportunity. I of course hope they do not have to pay anything in regards to damages but the possibility is very real, and they expressed that very clearly in their year end proxy statement in the legal section.

[Think2Succeed]

christopher2206,

I am not aware of any publicly made statement since Jan 6th. The last official information I know of is that the motion to dismiss it taken under submission so we're basically waiting for a decision to be made before knowing what is going to happen next. The judge assigned to the case is certainly very slow and if we have to go to trial that might actually help (in the sense that the trial hearings and relevant decisions are going to be far apart...hopefully by then the science will clearly take the lead and make this case useless). I wouldn't worry about the cash burn related to this lawsuit...it is more of an annoyance than a real financial hit (you can for example compare the quarterly cash burn pre-lawsuit and post-lawsuit and you'll see there is no major expense increase related to it).

T2S

[kreyn]

While the motion to dismiss has been taken under submission, I looked up the local rule for the time limit.
Looks like we might have to wait another couple of months.

L.R. 83-9.2 Duty of Counsel. If the Court does not render and file its

decision on a submitted matter within 120 days of submission, all

counsel shall, within 130 days after the matter is submitted for

decision, file with the Court a joint request that such decision be made

without further delay. A copy of such request shall be sent to the

Chief Judge

[holdencf]

T2S,
Is it too late to vote?  I think the motion w/b denied.  I spoke with a really strong litigator about this.  He said judges don't like to look stupid.  If they get overturned on appeal they look stupid.  There is little upside to approving the MTD from the judge's perspective..  Better to just let each side argue its case.  Much as I would like it to be dismissed, I don't think it will be. What was also deceptive was a headline that read, "Arrowhead Can’t Ditch Investor Suit Over Hep B Drug Trial"  on Law360

[Think2Succeed]

I opened the poll again for those who still wish to vote...it will remain open until an official decision is made. As I mentioned before, I also think the motion will be denied but the case will be won. To me this is just a little distraction from regular business and i doubt the stock will react much either way. A settlement might also be a decent compromise for both parties..

T2S