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Case Status:    DISMISSED    
On or around 04/12/2019 (Notice of voluntarily dismissal)

Filing Date: February 04, 2019

According to the Complaint, Celgene is an integrated global biopharmaceutical company engaged primarily in the discovery, development and commercialization of innovative therapies for the treatment of cancer and inflammatory diseases.

On January 2, 2019, Celgene, Bristol-Myers Squibb Company (“BMS” or “Parent”), Burgundy Merger Sub, Inc., a direct wholly-owned Subsidiary of Parent (“BM Merger Sub”) entered into an Agreement and Plan of Merger (the “Merger Agreement”). Pursuant to the Merger Agreement: BM Merger Sub will merge with and into Celgene, with Celgene surviving the merger and becoming a wholly-owned Subsidiary of Parent (the “Proposed Transaction”). On January 3, 2019, Celgene and Bristol-Myers Squibb issued a joint press release announcing the Proposed Transaction.

The Complaint alleges that on February 1, 2019, in order to convince Celgene’s public common stockholders to vote in favor of the Proposed Transaction, Parent jointly filed a materially incomplete and misleading Form S-4 Registration Statement (the “Proxy”) with the SEC, in violation of Sections 14(a) and 20(a) of the Exchange Act.

This case was voluntarily dismissed on April 12, 2019.


Sector: Healthcare
Industry: Biotechnology & Drugs
Headquarters: United States


Ticker Symbol: CELG
Company Market: NASDAQ
Market Status: Public (Listed)

About the Company & Securities Data

"Company" information provides the industry and sector classification and headquarters state for the primary company-defendant in the litigation. In general, "Securities" information provides the ticker symbol, market, and market status for the underlying securities at issue in the litigation.

In most cases, the primary company-defendant actually issued the securities that are the subject of the litigation, and the securities information and company information relate to the same entity. In a small subset of cases, however, the primary company-defendant is not the issuer (for example, cases against third party brokers/dealers), and the securities information and company information do not relate to the same entity.
COURT: D. Delaware
DOCKET #: 19-CV-00233
JUDGE: Hon. Richard G. Andrews
DATE FILED: 02/04/2019
CLASS PERIOD END: 02/04/2019
  1. Gainey McKenna & Egleston
  2. Moore Kuehn, PLLC
  3. O'Kelly Ernst & Joyce, LLC
No Document Title Filing Date
—Reference Complaint Complaint Related Data is not available
—Related District Court Filings Data is not available