District Court, S.D. New York December 17, 2008, 08 Civ. 0017(CM)(DCF) (Tang Capital Partners, LP v. Cell Therapeutics, Inc.)

DECISION AND ORDER DENYING DEFENDANT’S SUGGESTION THAT THE COURT LACKS JURISDICTION TO ENTERTAIN PLAINTIFF’S APPLICATION FOR A PRELIMINARY INJUNCTION, DECLINING TO ENTER A TEMPORARY RESTRAINING ORDER, AND DIRECTING A HEARING ON PLAINTIFF’S APPLICATION FOR PRELIMINARY INJUNCTION AND ON THE ISSUE OF JURY TRIAL WAIVER

McMAHON, District Judge:

Introduction

On December 10, 2008, plaintiff Tang Capital