joint stipulation on bond issue imo negotiations are ongoing
RANTES41 minutes ago
Update on the bond issue:
Plaintiff CytoDyn, Inc. (“CytoDyn”) and Defendants Amarex Clinical Research, LLC
(“Amarex”) and NSF International (identified in the Complaint as NSF International, Inc.), by and
through their undersigned counsel, respectfully stipulate and request that this Court enter an order
modifying its December 21, 2021 Order [Dkt. 35] (the “Prior Order”) as follows:
1. The deadline for CytoDyn to post a bond of Six Million Five Hundred Thousand
Dollars ($6.5M) as provided in paragraph 5 of the Prior Order shall be extended to February 4,
2022. CytoDyn shall have an additional option to extend the deadline to February 14, 2022.
2. Upon posting of the bond, Amarex shall commence a rolling production of, and
electronically transfer, the Trial Master files to CytoDyn, which shall be completed by February
21, 2022. If CytoDyn exercises its option to post a bond by February 14th, Amarex shall complete
its electronic transfer production by March 3, 2022. CytoDyn agrees to provide Amarex with at
least two business days’ notice of the posting of its bond so Amarex may begin its electronic
production following posting of the bond.
3. The independent audit of Amarex (¶ 2 of the Prior Order) shall begin within 7 days
of the posting of the bond, and CytoDyn shall cause its auditor designees to provide Amarex with
an audit plan at least 7 days prior to commencement of the audit.
4. Defendant NSF International shall be dismissed without prejudice. The parties will
promptly submit an Order of Dismissal.
DATED: January 14, 2022