Case 1:20-cv-00706-DLC Document 921-1 Filed 01/20/23 Page 1 of 3 

IN THE UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF NEW YORK 

FEDERAL TRADE COMMISSION; STATE 

OF NEW YORK; STATE OF CALIFORNIA; 

STATE OF ILLINOIS; STATE OF NORTH 

CAROLINA; STATE OF OHIO; 

COMMONWEALTH OF PENNSYLVANIA; 

and COMMONWEALTH OF VIRGINIA, 

Plaintiffs, 

v. 

VYERA PHARMACEUTICALS, LLC; 

PHOENIXUS AG; MARTIN SHKRELI, 

individually, as an owner and former 

director of Phoenixus AG and a former 

executive of Vyera Pharmaceuticals, LLC; 

and KEVIN MULLEADY, individually, as 

an owner and former director of Phoenixus 

AG and a former executive of Vyera 

Pharmaceuticals, LLC, 

Defendants. 

Case No. 1:20-cv-00706-DLC 

[Proposed] Civil Contempt Order 

Whereas this Court, on February 4, 2022, entered an Order for Permanent Injunction and 

Equitable Monetary Relief against Defendant Martin Shkreli (“the Order for Permanent 

Injunction”); and 

Whereas Plaintiffs have filed a motion with a supporting memorandum seeking to hold 

Defendant Shkreli in civil contempt for failing to comply with the Sections IV and V of the 

Order for Permanent Injunction; and 

Whereas this Court has considered Plaintiffs’ motion and any opposition thereto, the 

evidence adduced at any hearing, and the record of this matter, the Court now finds, by clear and 

convincing evidence, that: 
Case 1:20-cv-00706-DLC Document 921-1 Filed 01/20/23 Page 2 of 3 

A. Defendant Shkreli received actual notice of the Order for Permanent Injunction, which is 

a specific and definite order of this Court; 

B. Defendant Shkreli failed to submit to Plaintiffs, as is required under Section IV of the 

Order for Permanent Injunction, a detailed supplemental Compliance Report, sworn to 

under penalty of perjury, that sets forth the manner and form in which he intends to 

comply, has complied, and is complying with the Order for Permanent Injunction; 

C. Defendant Shkreli failed to provide Plaintiffs access to (or copies of) his documents and 

other records that relate to compliance with the Order, as is required under Paragraph V.B 

of the Order for Permanent Injunction; and 

D. Defendant Shkreli failed to make himself available to be interviewed by Plaintiffs, as is 

required under Paragraph V.A of the Order for Permanent Injunction. 

It is hereby ordered, adjudged, and decreed as follows: 

A. Defendant Shkreli is in civil contempt of this Court for violating Sections IV and V of the 

Order for Permanent Injunction; 

B. Defendant Shkreli must submit a detailed supplemental Compliance Report, with all 

required documentation, within 10 days of this order; 

C. Defendant Shkreli must provide Plaintiffs access to all documents previously requested 

by Plaintiffs within 14 days of this order; 

D. Defendant Shkreli must sit for an interview within 21 days of this order on the topics 

previously identified by Plaintiffs and on a date agreed to by Plaintiffs; and 

E. The relief ordered herein are in addition to, and not in lieu of, other remedies as may be 

provided by law, including both civil and criminal remedies. 

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Case 1:20-cv-00706-DLC Document 921-1 Filed 01/20/23 Page 3 of 3 

IT IS SO ORDERED. 

Dated: ____________________ ________________________________ 

Denise Cote 

UNITED STATES DISTRICT JUDGE 

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