Weber v. Align Technology, Inc. et al
Plaintiff: Debra A. Weber
Defendant: Align Technology, Inc., OrthoClear, Inc. and OrthoClear Holdings, Inc. doing business as OrthoClear, Inc.
Case Number: 5:2007cv00535
Filed: May 18, 2007
Court: US District Court for the Northern District of New York
Office: Syracuse Office
County: Madison
Presiding Judge: Andrew T Baxter
Referring Judge: Glenn T Suddaby
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Contract Dispute
Jury Demanded By: Defendant
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Docket Report

This docket was last retrieved on October 29, 2010. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 29, 2010 Opinion or Order Filing 77 STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE: This action is DISMISSED with prejudice as to Orthoclear, Inc. and Orthoclear Holdings, Inc. only, in its entirety. This shall not affect any rights Plaintiff may have to appeal from the dismissal of the action as against Align Technology, Inc.. Each party is to bear its own costs, attorneys' fees and expenses. Signed by Judge Glenn T. Suddaby on 10/29/2010. (mae)
October 28, 2010 Opinion or Order Filing 76 Letter Request / Letter Motion from Edward R. Conan, Esq. for OrthoClear Holdings, Inc., OrthoClear, Inc. requesting approval of attached proposed Stipulation and Order of Dismissal with Prejudice submitted to Judge Glenn T. Suddaby. (Attachments: #1 Proposed Stipulation and Order of Dismissal with Prejudice)(Conan, Edward)
August 20, 2010 Opinion or Order Filing 75 DECISION AND ORDER - the plaintiff's #66 Motion for Certificate of Appealability is DENIED. Signed by Judge Glenn T. Suddaby on 8/20/10. (mnm)
July 20, 2010 Opinion or Order Filing 74 UNIFORM PRETRIAL SCHEDULING ORDER: This action has been opted out of ADR. Anticipated length of trial: 7-10 days. Location: not specified. This will be a Jury Trial. Joinder of Parties due by 9/30/2010. Amended Pleadings due by 9/30/2010. Discovery due by 7/29/2011. Motions to be filed by 9/30/2011. If no dispositive motions are filed, the motion filing deadline will become the Trial Ready Date. Signed by US Magistrate Judge Andrew T. Baxter on 7/20/2010. (jmb)
July 20, 2010 Opinion or Order Filing 73 NOTICE by Align Technology, Inc. re: removal of attorney name from docket (Katz, Mitchell)
July 19, 2010 Opinion or Order Filing 72 CERTIFICATE OF SERVICE by Align Technology, Inc. re #71 Memorandum of Law, in Opposition to Plaintiff's Request for a Final Judgment Pursuant to Fed. R. Civ. P. 54(B (Counts, Thomas)
July 19, 2010 Opinion or Order Filing 71 MEMORANDUM OF LAW re #66 Motion for Certificate of Appealability, Memorandum of Law in Opposition to Plaintiff's Request for a Final Judgment Pursuant to Fed. R. Civ. P. 54(B) filed by Align Technology, Inc.. (Attachments: #1 Exhibit(s))(Counts, Thomas)
July 13, 2010 Opinion or Order TEXT Minute Entry for proceedings held before U.S. Magistrate Judge Andrew T. Baxter: Telephone Conference held on 7/13/2010. APP: Zack Madison, Esq., David B. Berman, Esq. Edward R. Conan, Esq. & Beth Hannigan. RULINGS: Initial status conference held; scheduling order to be issued. Telephonic status conference is scheduled for 4/5/11 at 10:30 A.M. to be initiated by plaintiff's counsel. Initial disclosures by 8/31/10.(kmg)
July 12, 2010 Opinion or Order Filing 70 CIVIL CASE MANAGEMENT PLAN (jointly proposed plan) by Debra A. Weber. (Mattison, Zachary)
July 12, 2010 Opinion or Order TEXT ORDER denying #69 Letter Request to adjourn Rule 16 conference. Telephone conference will proceed as scheduled on July 13, 2010 at 11 a.m. Parties shall submit civil case management plan by 8:30 a.m. on July 13, 2010. Parties shall also propose deadlines for (1) for completion of discovery related to class certification and (2) for renewal of a motion for class certification. Signed by US Magistrate Judge Andrew T. Baxter on 07/12/2010. (Baxter, Andrew)
July 2, 2010 Opinion or Order Filing 69 Letter Motion from Daniel B. Berman for Debra A. Weber requesting postponement of the Rule 16 Conference and suspension of the need to file a Civil Case Management Plan submitted to Judge Andrew T. Baxter. (Mattison, Zachary)
July 2, 2010 Opinion or Order Filing 68 CERTIFICATE OF SERVICE by Debra A. Weber re #66 MOTION for Certificate of Appealability , pursuant to Fed. R. Civ. P. 54(b), MOTION for Certificate of Appealability , pursuant to Fed. R. Civ. P. 54(b), (Mattison, Zachary)
July 2, 2010 Opinion or Order TEXT NOTICE of Hearing #66 MOTION for Certificate of Appealability , pursuant to Fed. R. Civ. P. 54(b), : Motion Hearing set for 8/5/2010 on submit before Judge Glenn T. Suddaby. No personal appearance. Response to Motion due by 7/19/2010. (lmw)
June 30, 2010 Opinion or Order Filing 67 ANSWER to #46 Amended Complaint by OrthoClear, Inc..(Conan, Edward)
June 29, 2010 Opinion or Order Filing 66 MOTION for Certificate of Appealability , pursuant to Fed. R. Civ. P. 54(b), Motion Hearing set for 8/5/2010 10:00 AM in Syracuse before Judge Glenn T. Suddaby Response to Motion due by 7/19/2010 Reply to Response to Motion due by 7/26/2010. filed by Debra A. Weber. (Attachments: #1 Declaration of Daniel B. Berman, #2 Memorandum of Law, #3 Certificate of Service) (Mattison, Zachary)
June 10, 2010 Opinion or Order Telephone Rule 16 Conference set for 7/13/2010 at 11:00 A.M. before U.S. Magistrate Judge Andrew T. Baxter. Plaintiff's counsel will initiate conference to Judge Baxter's Chambers (315) 234-8600. The civil case management plan must be filed ten days before the conference and a method of ADR must be chosen on the plan. (kmg)
June 10, 2010 Opinion or Order TEXT ORDER sua sponte reconsidering and vacating the Court's June 2, 2010 directive to the parties to engage in July 2010 settlement efforts. The settlement conference scheduled for July 26, 2010 is cancelled, as is the mandatory issuance of a written settlement demand by July 12, 2010. This matter is referred to Magistrate Judge Andrew T. Baxter for the issuance of a Scheduling Order directing expedited discovery, including the class-certification issue, and a deadline for a renewed motion for class certification. Authorized by Judge Glenn T. Suddaby on 6/10/10. (lmw)
June 7, 2010 Opinion or Order Filing 65 Letter Request / Letter Motion from Edward R. Conan, Esq. for OrthoClear Holdings, Inc., OrthoClear, Inc. requesting that Lillian A. Pfohl be removed from the electronic filing service list submitted to Judge Glenn T. Suddaby. (Conan, Edward)
June 7, 2010 Opinion or Order TEXT ORDER granting #65 Letter Request to remove Lilian Abbott-Pfohl as counsel for Defendants OrthoClear and OrthoClear Holdings. Authorized by Judge Glenn T. Suddaby on 6/7/10. (lmw)
June 2, 2010 Opinion or Order Filing 64 MEMORANDUM DECISION & ORDER denying Plaintiff's #26 motion to certify the class without prejudice and with leave to renew upon the completion of further discovery; granting Defendant Align's #21 motion for summary judgment and dismissing Defendant Align from the action; and denying Defendant OrthoClear's #55 motion to dismiss. It is further ordered that counsel appear on JULY 26, 2010 at 2:00 p.m. in chambers for a pretrial conference, at which counsel are directed to appear with settlement authority, and in the event that the case does not settle, a scheduling order will be issued at that time; Plaintiff is further directed to forward a written settlement demand to Defendants no later than JULY 12, 2010, and the parties are directed to engage in meaningful settlement negotiations prior to the JULY 26, 2010 conference. Signed by Judge Glenn T. Suddaby on 6/2/10. (lmw)
January 4, 2010 Opinion or Order Filing 63 ORDER REASSIGNING CASE. Case reassigned to US Magistrate Judge Andrew T. Baxter for all further proceedings. Magistrate Judge Gustave J. DiBianco no longer assigned to case. Signed by Chief Judge Norman A. Mordue on 1/4/10. (amt)
December 8, 2008 Opinion or Order TEXT NOTICE: the #21 MOTION for Partial Summary Judgment, #26 MOTION to Certify Class and #55 MOTION to Dismiss Complaint are now returnable before Judge Glenn T. Suddaby on submit. No appearances are necessary. Counsel are directed to forward a courtesy copy of all motion papers more than 50 pages in length directly to Judge Suddaby's chambers. Please note that the Court already has a courtesy copy of the #26 Motion to Certify Class and the #35 , #36 , #37 , #38 , #39 Response papers.(lmw)
October 2, 2008 Opinion or Order Filing 62 ORDER REASSIGNING CASE. Case reassigned to Judge Glenn T. Suddaby for all further proceedings. Chief Judge Norman A. Mordue no longer assigned to case. Signed by Chief Judge Norman A. Mordue on 10/2/08. (lmw)
June 25, 2008 Opinion or Order TEXT ORDER - The Court will accept the #60 Letter from Edward R. Conan for OrthoClear, Inc., OrthoClear Holdings, Inc. advising the Court of recent decisions that bear directly on the pending motion for class certification and the #61 LETTER BRIEF/Response filed by Debra A. Weber submitted to Judge Norman A. Mordue. The Court will not accept any further submissions. Endorsed by Chief Judge Norman A. Mordue on 6/25/08. (jlr/sr)
June 23, 2008 Opinion or Order Filing 61 LETTER BRIEF in response to June 18, 2008 letter submitted on behalf of OrthoClear by Debra A. Weber. (Berman, Daniel)
June 19, 2008 Opinion or Order CLERK'S CORRECTION OF DOCKET ENTRY re #60 Letter Request/Motion, filed by OrthoClear, Inc., OrthoClear Holdings, Inc., terminated as a letter motion as it is a supplement to pending motion to certify the class. (jlr)
June 18, 2008 Opinion or Order Filing 60 Letter / Letter Motion from Edward R. Conan for OrthoClear, Inc., OrthoClear Holdings, Inc. requesting advising the Court of recent decisions that bear directly on the pending motion for class certification submitted to Judge Norman A. Mordue. (Attachments: #1 Judge McAvoy's unreported decision)(Conan, Edward)
December 28, 2007 Opinion or Order Filing 59 NOTICE by Debra A. Weber re #55 MOTION to Dismiss (Notice of Motion by Defendant Orthoclear, Inc. to Dismiss the Complaint) MOTION to Dismiss (Notice of Motion by Defendant Orthoclear, Inc. to Dismiss the Complaint) letter confirming that motion will be taken upon submission without appearance (Berman, Daniel)
December 21, 2007 Opinion or Order Filing 58 MEMORANDUM OF LAW re #56 Response to Motion,, OrthoClear, Inc.'s Reply Memorandum of Law in Further Support of Its Motion to Dismiss the Amended Complaint filed by OrthoClear, Inc.. (Attachments: #1 Exhibit A)(Conan, Edward)
December 18, 2007 Opinion or Order Filing 57 CERTIFICATE OF SERVICE by Debra A. Weber re #56 Response to Motion,, to dismiss filed by OrthoClear, Inc. (Mattison, Zachary)
December 17, 2007 Opinion or Order Filing 56 RESPONSE to Motion re #55 MOTION to Dismiss (Notice of Motion by Defendant Orthoclear, Inc. to Dismiss the Complaint) MOTION to Dismiss (Notice of Motion by Defendant Orthoclear, Inc. to Dismiss the Complaint) for Failure to State a Claim filed by Debra A. Weber. (Attachments: #1 Exhibit(s) 1 - Unpublished Case Opinion#2 Exhibit(s) 2 - Unpublished Case Opinion#3 Exhibit(s) 3 - Unpublished Case Opinion#4 Exhibit(s) 4 - Unpublished Case Opinion#5 Exhibit(s) 5 - Unpublished Case Opinion#6 Exhibit(s) 6 - Unpublished Case Opinion)(Mattison, Zachary)
November 20, 2007 Opinion or Order Filing 55 MOTION to Dismiss (Notice of Motion by Defendant Orthoclear, Inc. to Dismiss the Complaint) Motion Hearing set for 1/2/2008 10:00 AM in Syracuse before Chief Judge Norman A. Mordue.,Response to Motion due by 12/17/2007,Reply to Response to Motion due by 12/24/2007. by OrthoClear, Inc.. (Attachments: #1 Memorandum of Law In Support of its Motion to Dismiss the Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6)) (Abbott-Pfohl, Lillian)
November 20, 2007 Opinion or Order Filing 54 ANSWER to Amended Complaint by OrthoClear Holdings, Inc..(Abbott-Pfohl, Lillian)
November 13, 2007 Opinion or Order Filing 53 ORDER: approving the #52 Status Report, pursuant to the filing of the Amended Complaint, therefore the Clerk makes a finding as moot as to the #44 Motion to Dismiss for Lack of Personal Jurisdiction; and the #45 Motion to Dismiss. Signed by Judge Norman A. Mordue on 11/13/07. (jmb)
November 9, 2007 Opinion or Order Filing 52 STATUS REPORT by OrthoClear, Inc., OrthoClear Holdings, Inc.. (Conan, Edward)
November 6, 2007 Opinion or Order Filing 51 CERTIFICATE OF SERVICE by Debra A. Weber CERTIFICATE OF SERVICE by Debra A. Weber of Plaintiff's Memo of Law in Opposition to Orthoclear Holdings, Inc.'s Motion Purusuant to FRCP 12 (b)(6), with exhibits (Doc. 49 to 49-5) (Mattison, Zachary)
November 6, 2007 Opinion or Order Filing 50 CERTIFICATE OF SERVICE by Debra A. Weber of Plaintiff's Memo of Law in Opposition to Orthoclear Holdings, Inc.'s Motion Purusuant to FRCP 12(b)(2) and FRCP 12 (b)(6), with exhibits (Doc. 48 to 48-13) and Declaration of Daniel B. Berman, with exhibits (Doc #48-14 to 48-16) (Mattison, Zachary)
November 5, 2007 Opinion or Order Filing 49 RESPONSE to Motion re #45 MOTION to Dismiss for failure to state a claim by OrthoClear, Inc. filed by Debra A. Weber. (Attachments: #1 Exhibit(s) 1 to Plaintiff's Brief in Opposition to OrthoClear Inc.'s Motion to Dismiss#2 Exhibit(s) 2 to Plaintiff's Brief in Opposition to OrthoClear Inc.'s Motion to Dismiss#3 Exhibit(s) 3 to Plaintiff's Brief in Opposition to OrthoClear Inc.'s Motion to Dismiss#4 Exhibit(s) 4 to Plaintiff's Brief in Opposition to OrthoClear Inc.'s Motion to Dismiss)(Mattison, Zachary)
November 5, 2007 Opinion or Order Filing 48 RESPONSE to Motion re #44 MOTION to Dismiss for Lack of Personal Jurisdiction by OrthoClear Holdings, Inc. filed by Debra A. Weber. (Attachments: #1 Exhibit(s) 1 to Plaintiff's Brief in Opposition to OrthoClear Holdings' Motion to Dismiss#2 Exhibit(s) 2 to Plaintiff's Brief in Opposition to OrthoClear Holdings' Motion to Dismiss#3 Exhibit(s) 3 to Plaintiff's Brief in Opposition to OrthoClear Holdings' Motion to Dismiss#4 Exhibit(s) 4 to Plaintiff's Brief in Opposition to OrthoClear Holdings' Motion to Dismiss#5 Exhibit(s) 5 to Plaintiff's Brief in Opposition to OrthoClear Holdings' Motion to Dismiss#6 Exhibit(s) 6 to Plaintiff's Brief in Opposition to OrthoClear Holdings' Motion to Dismiss#7 Exhibit(s) 7 to Plaintiff's Brief in Opposition to OrthoClear Holdings' Motion to Dismiss#8 Exhibit(s) 8 to Plaintiff's Brief in Opposition to OrthoClear Holdings' Motion to Dismiss#9 Exhibit(s) 9 to Plaintiff's Brief in Opposition to OrthoClear Holdings' Motion to Dismiss#10 Exhibit(s) 10 to Plaintiff's Brief in Opposition to OrthoClear Holdings' Motion to Dismiss#11 Exhibit(s) 11 to Plaintiff's Brief in Opposition to OrthoClear Holdings' Motion to Dismiss#12 Exhibit(s) 12 to Plaintiff's Brief in Opposition to OrthoClear Holdings' Motion to Dismiss#13 Declaration of Daniel B. Berman in support of Plaintiff's Opposition to OrthoClear Holdings' Motion to Dismiss#14 Exhibit(s) 1 to the Declaration of Daniel B. Berman#15 Exhibit(s) 2 to the Declaration of Daniel B. Berman)(Mattison, Zachary)
November 5, 2007 Opinion or Order Filing 47 CERTIFICATE OF SERVICE by Debra A. Weber re #46 Amended Complaint (Mattison, Zachary)
November 5, 2007 Opinion or Order Filing 46 AMENDED COMPLAINT against OrthoClear, Inc., OrthoClear Holdings, Inc. filed by Debra A. Weber. (Attachments: #1 Exhibit(s) A to Plaintiff's Amended Complaint#2 Exhibit(s) B to Plaintiff's Amended Complaint)(Mattison, Zachary)
October 17, 2007 Opinion or Order TEXT NOTICE as to the #45 MOTION to Dismiss for failure to state a claim and #44 MOTION to Dismiss for Lack of Personal Jurisdiction. The motions are returnable on 11/21/2007 before Chief Judge Norman A. Mordue on submit. No appearances necessary. Response to Motions are due by 11/5/2007. Reply to Response to the Motions are due by 11/13/2007. (jlr)
October 16, 2007 Opinion or Order Filing 45 MOTION to Dismiss for failure to state a claim Motion Hearing set for 11/21/2007 10:00 AM in Syracuse before Chief Judge Norman A. Mordue.,Response to Motion due by 11/5/2007,Reply to Response to Motion due by 11/13/2007. by OrthoClear, Inc.. (Attachments: #1 Memorandum of Law) (Abbott-Pfohl, Lillian)
October 16, 2007 Opinion or Order Filing 44 MOTION to Dismiss for Lack of Personal Jurisdiction Motion Hearing set for 11/21/2007 10:00 AM in Syracuse before Chief Judge Norman A. Mordue.,Response to Motion due by 11/5/2007,Reply to Response to Motion due by 11/13/2007. by OrthoClear Holdings, Inc.. (Attachments: #1 Declaration of Muhammad Ziaullah Chishti with Exhibit A#2 Memorandum of Law) (Abbott-Pfohl, Lillian)
October 9, 2007 Opinion or Order Filing 43 CERTIFICATE OF SERVICE by Debra A. Weber re #42 Reply to Response to Motion,,,, in Support of Motion for Class Certification (Mattison, Zachary)
October 9, 2007 Opinion or Order Filing 42 REPLY to Response to Motion re #26 MOTION to Certify Class filed by Debra A. Weber. (Attachments: #1 Exhibit(s) A - Case Opinion#2 Exhibit(s) B - Case Opinion#3 Exhibit(s) C - Case Opinion#4 Exhibit(s) D - Case Opinion#5 Declaration of Daniel B. Berman in Further Support of Motion for Class Certification#6 Exhibit(s) to the Declaration of Daniel B. Berman in Further Support of Class Certification#7 Exhibit(s) to the Declaration of Daniel B. Berman in Further Support of Class Certification#8 Exhibit(s) to the Declaration of Daniel B. Berman in Further Support of Class Certification#9 Exhibit(s) to the Declaration of Daniel B. Berman in Further Support of Class Certification#10 Exhibit(s) to the Declaration of Daniel B. Berman in Further Support of Class Certification#11 Declaration of Debra A. Weber in Further Support of Class Certification#12 Exhibit(s) A to the Declaration of Debra A. Weber in Further Support of Class Certification#13 Exhibit(s) B to the Declaration of Debra A. Weber in Further Support of Class Certification)(Mattison, Zachary)
October 3, 2007 Opinion or Order TEXT ORDER granting the #41 Letter Motion from Daniel B. Berman for Debra A. Weber requesting leave to file reply submitted. The reply to the motion for class certification shall be filed on or before 10/9/07. No further sumbissions permitted. Endorsed by Judge Norman A. Mordue on 10/3/07. (jlr/sr)
October 2, 2007 Opinion or Order Filing 41 Letter Motion from Daniel B. Berman for Debra A. Weber requesting leave to file reply submitted to Judge Hon. Norman A. Mordue. (Berman, Daniel)
October 1, 2007 Opinion or Order Filing 40 CERTIFICATE OF SERVICE by Align Technology, Inc. Service of [35-39] (Kissman, Tammy) Modified on 10/3/2007 to reflect correct documents served (mnm).
October 1, 2007 Opinion or Order Filing 39 AFFIDAVIT in Opposition re #26 MOTION to Certify Class Declaration of Lance Aldrich in Support of Align Technology, Inc.'s Opposition to Plaintiff's Motion for Classification Certification, Or, in the Alternative, Request To Stay Consideration Of Plaintiff's Motion for Class Certification filed by Align Technology, Inc.. (Kissman, Tammy)
October 1, 2007 Opinion or Order Filing 38 AFFIDAVIT in Opposition re #26 MOTION to Certify Class Declaration of Mitchell J. Katz in Support of Align Technology's Opposition to Plaintiff's Motion for Class Certification, Or, in the Alternative, Request to Stay Consideration of Plaintiff's Motion for Class Certification filed by Align Technology, Inc.. (Kissman, Tammy)
October 1, 2007 Opinion or Order Filing 37 AFFIDAVIT in Opposition re #26 MOTION to Certify Class Declaration of Dr. Eric Kuo in Support of Align Techology, Inc.'s Request to Stay Consideration of Plaintiff's Motion for Class Certification, Or, In the Alternative, in Opposition to Plaintiff's Motion for Class Certification filed by Align Technology, Inc.. (Kissman, Tammy)
October 1, 2007 Opinion or Order Filing 36 MEMORANDUM OF LAW re #26 Motion to Certify Class,, Memorandum of Law In Opposition to Plaintiff's Motion for Class Certification, Or, In The Alternative, In Support of Request for Stay Consideration of Plaintiff's Motion for Class Certification filed by Align Technology, Inc.. (Attachments: #1 Exhibit(s) Exhibits A-C to Memorandum)(Kissman, Tammy)
October 1, 2007 Opinion or Order Filing 35 MEMORANDUM OF LAW IN OPPOSITION TO PLAINTIFF'S MOTION FOR CLASS CERTIFICATION filed by OrthoClear, Inc., OrthoClear Holdings, Inc.. (Abbott-Pfohl, Lillian)
October 1, 2007 Opinion or Order Filing 34 NOTICE of Appearance by Lillian A. Abbott-Pfohl on behalf of OrthoClear, Inc., OrthoClear Holdings, Inc. (Abbott-Pfohl, Lillian)
September 27, 2007 Opinion or Order Filing 33 ORDER: approving the #32 Stipulation, resetting the Answer deadline for OrthoClear, Inc., and OrthoClear Holdings, Inc., to 10/16/2007. Signed by Judge Gustave J. DiBianco on 9/27/07. (jmb)
September 27, 2007 Opinion or Order Filing 32 STIPULATION and Proposed Order Extending Time to Answer or Move With Respect to the Complaint by OrthoClear, Inc., OrthoClear Holdings, Inc. submitted to Judge Gustave J. DiBianco. (Conan, Edward)
September 7, 2007 Opinion or Order Filing 31 ORDER: granting the #30 Letter Request, the Rule 16 conference is adjourned without date pending a decision on the pending motions by Chief Judge Norman A. Mordue. Signed by Judge Gustave J. DiBianco on 9/7/07. (jmb)
September 7, 2007 Opinion or Order TEXT NOTICE: setting deadlines as to the #26 MOTION to Certify Class: Response to Motion due by 10/1/2007. Reply to Response to Motion due by 10/9/2007. Motion set for 10/17/2007 on submission before Chief Judge Norman A. Mordue. Counsel is directed to send a courtesy copy of the motion to Judge Mordue's chambers. (jmb)
September 6, 2007 Opinion or Order Filing 30 Plaintiff's Letter Motion from Zachary M. Mattison for Debra A. Weber requesting Adjournment of Rule 16 Conference submitted to Judge Gustave J. Di Bianco. (Mattison, Zachary)
August 27, 2007 Opinion or Order Filing 29 CERTIFICATE OF SERVICE by Align Technology, Inc. (Katz, Mitchell)
August 27, 2007 Opinion or Order Filing 28 REPLY to Response to Motion re #21 MOTION for Partial Summary Judgment on Plaintiff's Third Cause of Action filed by Align Technology, Inc.. (Attachments: #1 Exhibit(s) Exhibits A-F to Aldrich Declaration#2 Statement of Material Facts Reply to Plaintiff's Responses to Statement of Undisputed Material Facts and Responses to Plaintiff's Statement of Undisputed Material Facts#3 Memorandum of Law Reply Memorandum)(Katz, Mitchell)
August 24, 2007 Opinion or Order Filing 27 CERTIFICATE OF SERVICE by Debra A. Weber re #26 MOTION to Certify Class (Berman, Daniel)
August 24, 2007 Opinion or Order Filing 26 MOTION to Certify Class Motion Hearing set for 9/26/2007 10:00 AM in Syracuse before Chief Judge Norman A. Mordue.,Response to Motion due by 9/10/2007,Reply to Response to Motion due by 9/17/2007. by Debra A. Weber. (Attachments: #1 Declaration of Debra Weber#2 Declaration Daniel B. Berman#3 Exhibit(s) 1 to Berman Declaration#4 Exhibit(s) 2 to Berman Declaration#5 Exhibit(s) 3 to berman declaration#6 Memorandum of Law in Support of Class Certification#7 Exhibit(s) A to Memorandum of Law#8 Exhibit(s) B to Memorandum of Law#9 Exhibit(s) C to Memorandum of Law#10 Exhibit(s) D to Memorandum of Law) (Berman, Daniel)
August 20, 2007 Opinion or Order Filing 25 CERTIFICATE OF SERVICE by Debra A. Weber re #24 Response in Opposition to Motion,,,, (Berman, Daniel)
August 20, 2007 Opinion or Order Filing 24 RESPONSE in Opposition re #21 MOTION for Partial Summary Judgment on Plaintiff's Third Cause of Action made by Defendant Align Technology, Inc. filed by Debra A. Weber. (Attachments: #1 Exhibit(s) 1 to Plaintiff's Memorandum of Law -- Case Opinion#2 Exhibit(s) 2 to Plaintiff's Memorandum of Law -- Case Opinion#3 Statement of Material Facts and Counter-Statement of Material Facts#4 Declaration of Debra A. Weber in Opposition to Motion for Summary Judgment#5 Exhibit(s) 1 to Declaration of Debra A. Weber#6 Declaration of Daniel B. Berman in Opposition to Motion for Summary Judgment#7 Exhibit(s) 2 to the Declaration of Daniel B. Berman#8 Exhibit(s) 3 to the Declaration of Daniel B. Berman#9 Exhibit(s) 4 to the Declaration of Daniel B. Berman#10 Exhibit(s) 5 to the Declaration of Daniel B. Berman#11 Exhibit(s) 6 to the Declaration of Daniel B. Berman#12 Exhibit(s) 7 to the Declaration of Daniel B. Berman#13 Exhibit(s) 8 to the Declaration of Daniel B. Berman#14 Exhibit(s) 9 to the Declaration of Daniel B. Berman#15 Declaration of Dr. Arnold Ray in Opposition to Motion for Summary Judgment#16 Exhibit(s) 1 to the Declaration of Dr. Arnold Ray)(Berman, Daniel)
August 16, 2007 Opinion or Order Filing 23 AFFIDAVIT of Service for Summons, Complaint and G.O. # 25 Packet served on OrthoClear Holdings, Inc. on 07/06/07, filed by Debra A. Weber. (Mattison, Zachary)
July 30, 2007 Opinion or Order TEXT NOTICE as to the #21 MOTION for Partial Summary Judgment on Plaintiff's Third Cause of Action. The motion is on submit on 9/5/07 before Chief Judge Mordue with no appearances necessary. Response to Motion due by 8/20/2007. Reply to Response to Motion due by 8/27/2007. Counsel is directed to send a courtesy copy of the motion to Judge Mordue's chambers. (jlr)
July 20, 2007 Opinion or Order Filing 22 CERTIFICATE OF SERVICE by Align Technology, Inc. re #21 MOTION for Partial Summary Judgment on Plaintiff's Third Cause of Action (Alderman, Steven)
July 20, 2007 Opinion or Order Filing 21 MOTION for Partial Summary Judgment on Plaintiff's Third Cause of Action Motion Hearing set for 9/5/2007 10:00 AM in Syracuse before Chief Judge Norman A. Mordue.,Response to Motion due by 8/20/2007,Reply to Response to Motion due by 8/27/2007. by Align Technology, Inc.. (Attachments: #1 Statement of Material Facts #2 Declaration of Lance Aldrich#3 Exhibit(s) A to Aldrich Declaration - July Report#4 Exhibit(s) B to Aldrich Declaration - May Report#5 Exhibit(s) C t Aldrich Declaration - May Report#6 Declaration of Theresa A. Devonshire#7 Exhibit(s) A to Devonshire Declaration - Feb 2 Press Release#8 Exhibit(s) B to Devonshire Declaration - Feb 23 Press Release#9 Exhibit(s) C to Devonshire Declaration - July 20 Press Release#10 Exhibit(s) D to Devonshire Declaration - Jan 11 Press Release#11 Exhibit(s) E to Devonshire Declaration - Feb 09 Press Release#12 Exhibit(s) F to Devonshire Declaration - Settlement Agreement#13 Memorandum of Law) (Alderman, Steven)
July 17, 2007 Opinion or Order Filing 20 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Align Technology, Inc.. (Alderman, Steven)
July 16, 2007 Opinion or Order Filing 19 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by OrthoClear, Inc., OrthoClear Holdings, Inc. identifying Orthoclear Holdings, Inc., n/k/a Ocumenta Capital Holdings, Inc. as Corporate Parent.. (Conan, Edward)
July 16, 2007 Opinion or Order Filing 18 NOTICE of Appearance by George L. Graff on behalf of Align Technology, Inc. (Graff, George)
July 13, 2007 Opinion or Order Filing 17 NOTICE of Appearance by Edward R. Conan on behalf of OrthoClear, Inc., OrthoClear Holdings, Inc. (Conan, Edward)
July 5, 2007 Opinion or Order Filing 16 ORDER granting #10 Motion for Limited Admission Pro Hac Vice. Signed by Judge Gustave J. DiBianco on 7/5/07. (mnm)
July 5, 2007 Opinion or Order Filing 15 ORDER granting #9 Motion for Limited Admission Pro Hac Vice. Signed by Judge Gustave J. DiBianco on 7/5/07. (mnm)
July 3, 2007 Opinion or Order Filing 14 SUMMONS Returned Executed by Debra A. Weber. OrthoClear, Inc. served on 6/11/2007, answer due 7/2/2007. (Mattison, Zachary)
July 3, 2007 Opinion or Order Filing 13 ANSWER to Complaint by Align Technology, Inc.(Katz, Mitchell)
July 2, 2007 Opinion or Order Filing 12 AFFIDAVIT in Support re #10 MOTION for Limited Admission Pro Hac Vice of Tammy Lee Kissman Filing fee $30, receipt number 800131 filed by Align Technology, Inc.. (Katz, Mitchell)
July 2, 2007 Opinion or Order Filing 11 AFFIDAVIT in Support re #9 MOTION for Limited Admission Pro Hac Vice of Thomas A. Counts Filing fee $30, receipt number 800120 filed by Align Technology, Inc.. (Katz, Mitchell)
July 2, 2007 Opinion or Order Filing 10 MOTION for Limited Admission Pro Hac Vice of Tammy Lee Kissman Filing fee $30, receipt number 800131 by Align Technology, Inc.(Attachments: #1 Affidavit of Mitchell J. Katz, Esq.#2 Exhibit(s) Certificate of Good Standing#3 Exhibit(s) Oath#4 Exhibit(s) E-Registration#5 Proposed Order/Judgment for pro hac vice admission) Motions referred to Gustave J. DiBianco. (Katz, Mitchell)
July 2, 2007 Opinion or Order Filing 9 MOTION for Limited Admission Pro Hac Vice of Thomas A. Counts Filing fee $30, receipt number 800120 by Align Technology, Inc. (Attachments: #1 Affidavit of Mitchell J. Katz, Esq.#2 Exhibit(s) Certificate of Good Standing#3 Exhibit(s) E-Registration#4 Exhibit(s) Oath#5 Proposed Order/Judgment for admission pro hac vice) Motions referred to Gustave J. DiBianco. (Katz, Mitchell)
June 25, 2007 Opinion or Order Filing 8 SUMMONS Returned Executed by Debra A. Weber. Align Technology, Inc. served on 6/12/2007, answer due 7/2/2007. (Mattison, Zachary)
May 22, 2007 Opinion or Order Filing 7 Exhibit B to #1 Complaint. (Mattison, Zachary) Modified on 5/23/2007 (mnm).
May 22, 2007 Opinion or Order Filing 6 Exhibit A to #1 Complaint. (Mattison, Zachary) Modified on 5/23/2007 (mnm).
May 22, 2007 Opinion or Order CLERK'S CORRECTION OF DOCKET ENTRY: Clerk directed Atty. Zack Mattison to refile exhibits A and B to #1 Complaint (incorrectly labeled). Clerk removes exhibits A and B from document no. #1 complaint. (dmf)
May 21, 2007 Opinion or Order Filing 5 Summons Issued as to OrthoClear, Inc.. (mnm)
May 21, 2007 Opinion or Order Filing 4 Summons Issued as to OrthoClear Holdings, Inc. (mnm)
May 21, 2007 Opinion or Order Filing 3 Summons Issued as to Align Technology, Inc. (mnm)
May 21, 2007 Opinion or Order Filing 2 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 10/2/2007 02:00 PM in Syracuse before Magistrate Judge Gustave J. DiBianco. Civil Case Management Plan due by 9/24/2007. Served Attorney Schulte via USPS. (mnm)
May 18, 2007 Opinion or Order Filing 1 COMPLAINT against Align Technology, Inc., OrthoClear, Inc., OrthoClear Holdings, Inc. (Filing fee $350 receipt number 771524) filed by Debra A. Weber. (Attachments: # 1 Exhibit(s) A# 2 Exhibit(s) B#3 Civil Cover Sheet)(mnm)

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Search for this case: Weber v. Align Technology, Inc. et al
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Plaintiff: Debra A. Weber
Represented By: Daniel B. Berman
Represented By: Mark J. Schulte
Represented By: Maureen E. Maney
Represented By: Zachary M. Mattison
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Defendant: Align Technology, Inc.
Represented By: George L. Graff
Represented By: Mitchell J. Katz
Represented By: Steven B. Alderman
Represented By: Tammy L. Kissman
Represented By: Thomas A. Counts
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Defendant: OrthoClear, Inc.
Represented By: Edward R. Conan
Represented By: Lillian A. Abbott-Pfohl
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Defendant: OrthoClear Holdings, Inc. doing business as OrthoClear, Inc.
Represented By: Edward R. Conan
Represented By: Lillian A. Abbott-Pfohl
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