Access Bio, Inc. v. Division 5 Labs, Inc.
- Lorna Schofield
- 1:23-cv-04820
- U.S. District Court · Southern District of New York
- 2
In Access Bio v. Division 5 Labs, Judge Schofield confirmed the arbitration award, ordered payment, and required transfer of compliance materials.
Access Bio, Inc. received a confirmed arbitration award and related payment and document-transfer orders. Division 5 Labs, Inc. must make the ordered payments, address the fee application process, and transfer the specified documents, materials, and retained samples.
What happened
Access Bio, Inc. asked the court to confirm an arbitration award against Division 5 Labs, Inc. The court granted the petition.
The judgment requires Division 5 Labs to pay Access Bio $391,691.12 under the award, plus 9% yearly interest from May 23, 2023, until judgment, and $15,453.02 in post-judgment interest. Access Bio must submit its application for attorney’s fees and costs by November 17, 2023.
The judgment also requires Division 5 Labs to transfer specified withheld compliance documents, materials, regulatory documentation, and retained regulatory samples by November 28, 2023. Judge Lorna Schofield is identified in the case information provided.
The detailed version
- Access Bio, Inc. v. Division 5 Labs, Inc. · No. 1:23-cv-04820
- Lorna Schofield
- Oct. 30, 2023
Background
Access Bio, Inc. petitioned to confirm an arbitration award against Division 5 Labs, Inc. The judgment states that the petition was granted for the reasons given in the court’s Opinion and Order dated October 27, 2023. The text provided does not include that earlier Opinion and Order.
Judgment
The court ordered Division 5 Labs to pay Access Bio $391,691.12 as provided in the arbitration award. It also ordered:
- Pre-judgment interest at 9% per year from May 23, 2023, through entry of judgment; - Post-judgment interest at the statutory rate under 28 U.S.C. § 1961, stated in the judgment as $15,453.02; and - Transfer by November 28, 2023, of all withheld compliance documents, materials, regulatory documentation, and retained products held as regulatory samples that relate to finished products packaged under the contract.
Access Bio was directed to submit an application for attorney’s fees and costs, including timesheets and other supporting documents, by November 17, 2023. The judgment does not itself state that a fee award was granted.
Disposition
The petition to confirm the arbitration award was granted. The judgment was dated October 30, 2023. Judge Lorna Schofield is identified in the supplied case information; the judgment text itself is signed by Ruby J. Krajick, Clerk of Court, and does not name the judge in its body.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.
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