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FILED: NEW YORK COUNTY CLERK 01/18/2023 08:22 PM INDEX NO. 654373/2021
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 01/18/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK: COMMERCIAL DIVISION
) Index No.: 654373/2021
In re AKEBIA THERAPEUTICS, INC. )
SECURITIES LITIGATION ) The Honorable Andrew Borrok
) Part 53
___________________________________________ )
) Mot. Seq. ____
This Document Relates To: )
) ORAL ARGUMENT REQUESTED
The Amended Consolidated Complaint )
) NOTICE OF MOTION
PLEASE TAKE NOTICE that, upon the accompanying (i) Memorandum of Law, dated
January 18, 2023, (ii) the Affirmation of Lisa H. Bebchick, dated January 18, 2023 and the exhibits
thereto, and (iii) all prior pleadings and proceedings had herein, Defendants will move this Court
at the Motion Submission Part at the New York County Courthouse located at 60 Centre Street,
Room 130, New York, New York, on April 6, 2023, at 9:30 a.m., or as soon thereafter as counsel
can be heard, for an Order, pursuant to CPLR § 3211(a)(7), dismissing with prejudice the Amended
Consolidated Complaint for Violations of the Securities Act of 1933 (NYSCEF Doc. No. 44) in
its entirety filed by Plaintiffs Curtis Loper and Mary Ann Panicho in the above-captioned action,
and granting such other and further relief as the Court deems appropriate.
PLEASE TAKE FURTHER NOTICE that pursuant to the parties’ Joint Stipulation
Modifying Briefing Schedule on Defendants’ Motion to Dismiss the Amended Consolidated
Complaint, dated November 22, 2022, answering papers, if any, are required to be served upon the
undersigned no later than March 6, 2023.
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FILED: NEW YORK COUNTY CLERK 01/18/2023 08:22 PM INDEX NO. 654373/2021
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 01/18/2023
Dated: January 18, 2023 Respectfully submitted,
/s/ Peter L. Welsh
Peter L. Welsh
Lisa H. Bebchick
ROPES & GRAY LLP
1211 Avenue of the Americas
New York, NY 10036-8704
(212) 596-9000
Attorneys for Defendants Akebia Therapeutics,
Inc., Muneer A. Satter, John P. Butler, Jason A.
Amello, Scott A. Canute, Michael D. Clayman,
Maxine Gowen, Duane Nash, Ronald C. Renaud,
Jr., Cynthia Smith, Michael S. Wyzga, Jodie
Morrison, Michael Rogers, Steven C. Gilman,
Mark J. Enyedy, and Michael T. Heffernan
2
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FILED: NEW YORK COUNTY CLERK 01/18/2023 08:22 PM INDEX NO. 654373/2021 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 01/18/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: COMMERCIAL DIVISION ) Index No.: 654373/2021 In re AKEBIA THERAPEUTICS, INC. ) SECURITIES LITIGATION ) The Honorable Andrew Borrok ) Part 53 ___________________________________________ ) ) Mot. Seq. ____ This Document Relates To: ) ) ORAL ARGUMENT REQUESTED The Amended Consolidated Complaint ) ) NOTICE OF MOTION PLEASE TAKE NOTICE that, upon the accompanying (i) Memorandum of Law, dated January 18, 2023, (ii) the Affirmation of Lisa H. Bebchick, dated January 18, 2023 and the exhibits thereto, and (iii) all prior pleadings and proceedings had herein, Defendants will move this Court at the Motion Submission Part at the New York County Courthouse located at 60 Centre Street, Room 130, New York, New York, on April 6, 2023, at 9:30 a.m., or as soon thereafter as counsel can be heard, for an Order, pursuant to CPLR § 3211(a)(7), dismissing with prejudice the Amended Consolidated Complaint for Violations of the Securities Act of 1933 (NYSCEF Doc. No. 44) in its entirety filed by Plaintiffs Curtis Loper and Mary Ann Panicho in the above-captioned action, and granting such other and further relief as the Court deems appropriate. PLEASE TAKE FURTHER NOTICE that pursuant to the parties’ Joint Stipulation Modifying Briefing Schedule on Defendants’ Motion to Dismiss the Amended Consolidated Complaint, dated November 22, 2022, answering papers, if any, are required to be served upon the undersigned no later than March 6, 2023. 1 of 2 FILED: NEW YORK COUNTY CLERK 01/18/2023 08:22 PM INDEX NO. 654373/2021 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 01/18/2023 Dated: January 18, 2023 Respectfully submitted, /s/ Peter L. Welsh Peter L. Welsh Lisa H. Bebchick ROPES & GRAY LLP 1211 Avenue of the Americas New York, NY 10036-8704 (212) 596-9000 Attorneys for Defendants Akebia Therapeutics, Inc., Muneer A. Satter, John P. Butler, Jason A. Amello, Scott A. Canute, Michael D. Clayman, Maxine Gowen, Duane Nash, Ronald C. Renaud, Jr., Cynthia Smith, Michael S. Wyzga, Jodie Morrison, Michael Rogers, Steven C. Gilman, Mark J. Enyedy, and Michael T. Heffernan 2 2 of 2