This case was last updated from U.S. District Courts on 12/14/2021 at 06:34:03 (UTC).

Bionpharma Inc. v. Corerx, Inc.

Case Summary

On December 13, 2021, Bionpharma Inc. (“Bionpharma” or “Plaintiff”), represented by Charles Alan Weiss of Holland & Knight LLP, filed a contract lawsuit against CoreRx, Inc. (“CoreRx” or “Defendant”), seeking injunctive relief and declaratory relief along with damages among other relief for the alleged breach of contract by Defendant. This case was filed in the United States District Court in the Southern District of New York.

 

In the complaint, Plaintiff alleged that, “In November 2020, Bionpharma and CoreRx entered into that certain Master Manufacturing Supply Agreement (the “Agreement”) concerning in part terms under which (i) CoreRx is to supply Bionpharma’s requirements of enalapril solution (the “Product”) generic to the branded product Epaned, and (ii) Bionpharma is to purchase its requirements of the Product from CoreRx” and “The purpose of the Agreement is for Bionpharma to acquire Product for resale in the wholesale market for generic pharmaceuticals.”

 

Plaintiff further alleged that, “Bionpharma holds approved Abbreviated New Drug Application (“ANDA”) A212408 for the Product, and commenced selling the Product pursuant to that approval on or about August 17, 2021” and “On November 30, 2021, CoreRx sent a fax to Bionpharma stating “as of December 1, 2021, CoreRx will be unable to supply enalapril maleate for” the Product” and “In response to that fax, Bionpharma requested that CoreRx advise Bionpharma why CoreRx was not able to supply the Product, demanded that CoreRx continue to supply the Product, and gave notice of CoreRx’s breach of the Agreement. CoreRx has manufactured and Bionpharma has taken possession of approximately 30% of the ordered Product from the order referred to in paragraph 19. The balance remains outstanding. These bottles of Product had been scheduled to be shipped by CoreRx to Bionpharma on December 28, 2021.”

 

Plaintiff also alleged that, “Upon information and belief, based on the following, CoreRx procured its purported inability to supply Product to Bionpharma through an agreement with Azurity, which is now a sister company of CoreRx under private equity control” and “By refusing to supply Product to Bionpharma under the terms set forth in the Agreement, CoreRx has breached and is in breach of the Agreement” and “Given that CoreRx gave Bionpharma only one day notice that CoreRx would not continue to supply Product under the Agreement, Bionpharma cannot secure an alternate supplier of Product before it exhausts the inventory of Product it has on hand.”

 

There are two claims of relief laid down by Plaintiff. The first claim is for the alleged breach of contract. The second claim is for the alleged declaratory relief. In the prayer for relief, Plaintiff requested the court for injunctive relief, declaratory relief with actual damages, costs of suit, reasonable attorneys’ fees, and any other relief the court deems just and appropriate.

 

This case summary may not reflect the current position of the parties to this litigation or the status of this case. Sign up to view the latest case updates and court documents.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-10656

  • Filing Date:

    12/13/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

 

Party Details

Plaintiff

Bionpharma Inc.

Defendant

Corerx, Inc.

Attorney/Law Firm Details

Plaintiff Attorney

Charles Alan Weiss

Attorney at Holland & Knight LLP (NY)

31 West 52Nd Street

New York, NY 10019

 

Court Documents

#16

(#16) CERTIFICATE OF SERVICE of all documents served on Corerx, Inc. on 12/13/2021. Service was made by Email to Peter S. Russ, Rajiv Khanna and Matthew L. Fedowitz.. Document filed by Bionpharma Inc...(Weiss, Charles) (Entered: 12/13/2021)

#15

RESTRICTED

#13

RESTRICTED

#12

(#12) DECLARATION of Iltifat Hasan in Support re: #8 Proposed Order to Show Cause With Emergency Relief. Document filed by Bionpharma Inc...(Marinelli, Marisa) (Entered: 12/13/2021)

11 #1

Exhibit P

11 #11

Main Document

10 #10

Exhibit O

10 #9

Exhibit N

10 #7

Exhibit L

10 #6

Exhibit K

10 #5

Exhibit J

10 #4

Exhibit I

10 #3

Exhibit H

10 #10

Main Document

#8

(#8) PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Bionpharma Inc...(Weiss, Charles) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. (Entered: 12/13/2021)

5 #1

Text of Proposed Order

5 #5

Main Document

25 More Documents Available
View All Documents

 

Docket Entries

  • 12/13/2021
  • View Court Documents
  • Docket(#16) CERTIFICATE OF SERVICE of all documents served on Corerx, Inc. on 12/13/2021. Service was made by Email to Peter S. Russ, Rajiv Khanna and Matthew L. Fedowitz.. Document filed by Bionpharma Inc...(Weiss, Charles) (Entered: 12/13/2021)

    Read MoreRead Less
  • 12/13/2021
  • View Court Documents
  • Docket(#15) ***SELECTED PARTIES***DECLARATION of Marisa Marinelli in Support re: #8 Proposed Order to Show Cause With Emergency Relief. Document filed by Bionpharma Inc., Corerx, Inc.. Motion or Order to File Under Seal: #5 .(Marinelli, Marisa) (Entered: 12/13/2021)

    Read MoreRead Less
  • 12/13/2021
  • View Court Documents
  • Docket(#14) ***SELECTED PARTIES***DECLARATION of Venkat Krishnan in Support re: #8 Proposed Order to Show Cause With Emergency Relief. Document filed by Bionpharma Inc., Corerx, Inc.. (Attachments: #1 Exhibit F, #2 Exhibit I, #3 Exhibit J, #4 Exhibit L, #5 Exhibit M, #6 Exhibit N, #7 Exhibit O)Motion or Order to File Under Seal: #5 .(Weiss, Charles) (Entered: 12/13/2021)

    Read MoreRead Less
  • 12/13/2021
  • View Court Documents
  • Docket(#13) ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #8 Proposed Order to Show Cause With Emergency Relief for Preliminary Injunction. Document filed by Bionpharma Inc., Corerx, Inc.. Motion or Order to File Under Seal: #5 .(Weiss, Charles) (Entered: 12/13/2021)

    Read MoreRead Less
  • 12/13/2021
  • View Court Documents
  • Docket(#12) DECLARATION of Iltifat Hasan in Support re: #8 Proposed Order to Show Cause With Emergency Relief. Document filed by Bionpharma Inc...(Marinelli, Marisa) (Entered: 12/13/2021)

    Read MoreRead Less
  • 12/13/2021
  • View Court Documents
  • Docket(#11) DECLARATION of Marisa Marinelli in Support re: #8 Proposed Order to Show Cause With Emergency Relief. Document filed by Bionpharma Inc.. (Attachments: #1 Exhibit P).(Marinelli, Marisa) (Entered: 12/13/2021)

    Read MoreRead Less
  • 12/13/2021
  • View Court Documents
  • Docket(#10) DECLARATION of Venkat Krishnan in Support re: #8 Proposed Order to Show Cause With Emergency Relief. Document filed by Bionpharma Inc.. (Attachments: #1 Exhibit F, #2 Exhibit G, #3 Exhibit H, #4 Exhibit I, #5 Exhibit J, #6 Exhibit K, #7 Exhibit L, #8 Exhibit M, #9 Exhibit N, #10 Exhibit O).(Weiss, Charles) (Entered: 12/13/2021)

    Read MoreRead Less
  • 12/13/2021
  • View Court Documents
  • Docket(#9) MEMORANDUM OF LAW in Support re: #8 Proposed Order to Show Cause With Emergency Relief for Preliminary Injunction. Document filed by Bionpharma Inc...(Weiss, Charles) (Entered: 12/13/2021)

    Read MoreRead Less
  • 12/13/2021
  • View Court Documents
  • Docket(#8) PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Bionpharma Inc...(Weiss, Charles) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. (Entered: 12/13/2021)

    Read MoreRead Less
  • 12/13/2021
  • View Court Documents
  • Docket(#7) DECLARATION of Marisa Marinelli in Support re: #5 MOTION to Seal Portions of Plaintiff's Motion For Preliminary Injunction and Supporting Declaration and Exhibits.. Document filed by Bionpharma Inc...(Marinelli, Marisa) (Entered: 12/13/2021)

    Read MoreRead Less
  • 12/13/2021
  • View Court Documents
  • Docket(#6) MEMORANDUM OF LAW in Support re: #5 MOTION to Seal Portions of Plaintiff's Motion For Preliminary Injunction and Supporting Declaration and Exhibits. . Document filed by Bionpharma Inc...(Weiss, Charles) (Entered: 12/13/2021)

    Read MoreRead Less
  • 12/13/2021
  • View Court Documents
  • Docket(#5) MOTION to Seal Portions of Plaintiff's Motion For Preliminary Injunction and Supporting Declaration and Exhibits. Document filed by Bionpharma Inc.. (Attachments: #1 Text of Proposed Order).(Weiss, Charles) (Entered: 12/13/2021)

    Read MoreRead Less
  • 12/13/2021
  • View Court Documents
  • Docket(#4) REQUEST FOR ISSUANCE OF SUMMONS as to CoreRx, Inc., re: #1 Complaint. Document filed by Bionpharma Inc...(Weiss, Charles) (Entered: 12/13/2021)

    Read MoreRead Less
  • 12/13/2021
  • View Court Documents
  • Docket(#3) RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bionpharma Inc...(Weiss, Charles) (Entered: 12/13/2021)

    Read MoreRead Less
  • 12/13/2021
  • View Court Documents
  • Docket(#2) CIVIL COVER SHEET filed..(Weiss, Charles) (Entered: 12/13/2021)

    Read MoreRead Less
  • 12/13/2021
  • View Court Documents
  • Docket(#1) COMPLAINT against Corerx, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25462887)Document filed by Bionpharma Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Weiss, Charles) (Entered: 12/13/2021)

    Read MoreRead Less
related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases represented by Lawyer Charles Andrew Weiss