Purcel et al v. Advanced Bionics Corporation
Scott Purcel and Pamela Purcel |
Advanced Bionics Corporation and Astro Seal Inc. |
3:2007cv01777 |
October 22, 2007 |
US District Court for the Northern District of Texas |
Dallas Office |
Dallas |
Barbara MG Lynn |
Torts/Pers Inj: Product Liability |
28 U.S.C. § 1331 |
Both |
Docket Report
This docket was last retrieved on October 1, 2010. A more recent docket listing may be available from PACER.
Document Text |
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Filing 278 AMENDED ORDER OF DISMISSAL AND JUDGMENT: The #275 Motion to dismiss is granted. It is ORDERED that this action is DISMISSED WITH PREJUDICE. Each party will bear its own costs. (See Order.) (Ordered by Judge Barbara M.G. Lynn on 10/1/2010) (twd) |
Filing 277 Joint MOTION to Amend/Correct #276 Judgment,, filed by Advanced Bionics Corporation, Pamela Purcel, Scott Purcel (Geisler, Laura) |
Filing 276 ORDER OF DISMISSAL AND JUDGMENT: This action be DISMISSED WITH PREJUDICE. Each party will bear its own costs. Pursuant to LR 79.2 and LCrR 55.2, exhibits may be claimed during the 60-day period following final disposition (to do so, follow the procedures found at #www.txnd.uscourts.gov/Court Records). The clerk will discard exhibits that remain unclaimed after the 60-day period without additional notice. (Clerk to notice any party not electronically noticed.) (Ordered by Judge Barbara M.G. Lynn on 9/3/2010) (dnc) |
Filing 275 STIPULATION OF DISMISSAL & JUDGMENT by Advanced Bionics Corporation, Pamela Purcel, Scott Purcel. (Rosenthal, Kara) Modified on 9/9/2010 (gmg). |
Filing 274 ORDER denying as moot #140 Motion for Sanctions. (Ordered by Magistrate Judge Paul D Stickney on 8/11/2010) (twd) |
Filing 270 Minute Entry for proceedings held before Judge Barbara M.G. Lynn: Pretrial Conference held on 7/2/2010. Attorney Appearances: Plaintiff - Laura Geisler, Susan Hays; Defense - Craig May, Kara Rosenthal, Mark Stradley, Mike O'Donnell. (Court Reporter: Sue Engledow) (No exhibits) Time in Court - 4:20. (axm) |
Filing 269 RESPONSE filed by Pamela Purcel, Scott Purcel re: #250 MOTION in Limine No. 8: to Exclude Parental Emotional Distress. (Geisler, Laura) |
Filing 268 RESPONSE filed by Pamela Purcel, Scott Purcel re: #247 MOTION in Limine No. 6 to Exclude Post-Incident Conduct or Subsequent Remedial Measures to Prove Liability. (Geisler, Laura) |
Filing 267 RESPONSE filed by Pamela Purcel, Scott Purcel re: #255 MOTION in Limine No. 5: to Exclude Evidence of FDA Form 483s, Warning Letter, and Related Correspondence. (Geisler, Laura) |
Filing 266 RESPONSE filed by Pamela Purcel, Scott Purcel re: #251 MOTION in Limine No. 1: to Exclude Evidence Offered by Boston Scientific Corporation in Woods v. Boston Scientific, Boston Scientific Corporation's Alleged Concerns With Quality at Advanced Bionics, and Certain Related Testimony of Pierre Boss. (Attachments: #1 Ex. A) (Geisler, Laura) |
Filing 265 RESPONSE filed by Advanced Bionics Corporation re: #241 Response/Objection (Attachments: #1 Declaration(s) of Rhonda Eckerman, #2 Exhibit(s) A (Part 1), #3 Exhibit(s) A (Part 2)) (May, Craig) |
Filing 264 OBJECTION filed by Advanced Bionics Corporation re: #262 Supplemental Document (Rosenthal, Kara) |
Filing 262 Supplemental Document by Pamela Purcel, Scott Purcel as to #206 Exhibit List. (Geisler, Laura) |
Filing 263 AMENDED MEMORANDUM OPINION AND ORDER granting in part and denying in part #121 Motion for Summary Judgment or Partial Summary Judgment. (see order for specifics) (Ordered by Judge Barbara M.G. Lynn on 6/30/2010) (tln) |
Filing 260 RESPONSE filed by Pamela Purcel, Scott Purcel re: #253 MOTION in Limine No. 10: to Exclude Plaintiffs from Arguing or Offering Evidence Regarding or Related to Astro Seal Feedthrus. (Geisler, Laura) |
Filing 259 RESPONSE filed by Pamela Purcel, Scott Purcel re: #252 MOTION in Limine No. 9: to Exclude Evidence or Argument of Alleged Spoliation of Cochlear Implant Circuit. (Geisler, Laura) |
Filing 258 Supplemental Document by Advanced Bionics Corporation as to #209 Exhibit List. (Rosenthal, Kara) |
Filing 257 OBJECTION filed by Advanced Bionics Corporation re: #208 Witness List (Rosenthal, Kara) |
Filing 256 MOTION in Limine filed by Pamela Purcel, Scott Purcel. (Geisler, Laura) |
Filing 255 MOTION in Limine No. 5: to Exclude Evidence of FDA Form 483s, Warning Letter, and Related Correspondence filed by Advanced Bionics Corporation with Brief/Memorandum in Support. (May, Craig) |
Filing 254 MOTION in Limine No. 7: to Exclude Evidence Involving Other Products, Recalls, or Irrelevant Product Issues filed by Advanced Bionics Corporation with Brief/Memorandum in Support. (May, Craig) |
Filing 253 MOTION in Limine No. 10: to Exclude Plaintiffs from Arguing or Offering Evidence Regarding or Related to Astro Seal Feedthrus filed by Advanced Bionics Corporation with Brief/Memorandum in Support. (May, Craig) |
Filing 252 MOTION in Limine No. 9: to Exclude Evidence or Argument of Alleged Spoliation of Cochlear Implant Circuit filed by Advanced Bionics Corporation with Brief/Memorandum in Support. (Attachments: #1 Declaration(s) of Rhonda Eckerman and Appendix of Exhibits, #2 Exhibit(s) A) (May, Craig) |
Filing 251 MOTION in Limine No. 1: to Exclude Evidence Offered by Boston Scientific Corporation in Woods v. Boston Scientific, Boston Scientific Corporation's Alleged Concerns With Quality at Advanced Bionics, and Certain Related Testimony of Pierre Bossier filed by Advanced Bionics Corporation with Brief/Memorandum in Support. (Attachments: #1 Declaration(s) of Rhonda Eckerman and Appendix of Exhibits to Motion, #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Exhibit(s) C) (May, Craig) |
Filing 250 MOTION in Limine No. 8: to Exclude Parental Emotional Distress filed by Advanced Bionics Corporation with Brief/Memorandum in Support. (May, Craig) |
Filing 249 MOTION in Limine No. 4: to Exclude Evidence of FDA Civil Monetary Penalty Action, Including Complaints and Settlement filed by Advanced Bionics Corporation with Brief/Memorandum in Support. (May, Craig) |
Filing 248 MOTION in Limine No. 11 Omnibus Motion and Memorandum filed by Advanced Bionics Corporation with Brief/Memorandum in Support. (May, Craig) |
Filing 247 MOTION in Limine No. 6 to Exclude Post-Incident Conduct or Subsequent Remedial Measures to Prove Liability filed by Advanced Bionics Corporation (May, Craig) |
Filing 246 MOTION in Limine No. 3 Motion to Exclude Evidence of Recent Acquisition by Sonova filed by Advanced Bionics Corporation (May, Craig) |
Filing 245 MOTION in Limine No. 2 to Exclude Reference to Individual Employee's Earn Out Shares or Earnings filed by Advanced Bionics Corporation (Attachments: #1 Exhibit(s) Declaration of Jeffrey D. Goldberge, #2 Declaration(s) Kristina J. Sun) (May, Craig) |
Filing 244 ORDER RESETTING TIME OF PRETRIAL CONFERENCE: Pretrial Conference reset for 7/2/2010 09:00 AM before Judge Barbara M.G. Lynn. (See Order.) (Ordered by Judge Barbara M.G. Lynn on 6/29/2010) (twd) |
Filing 243 Plaintiffs' MOTION to Exclude the Testimony of Defendant Advanced Bionics' Previously Undisclosed Trial Witness' Praveen Chellakumar and Tom Walsh re #210 Witness List filed by Pamela Purcel, Scott Purcel (Geisler, Laura) |
Filing 242 Proposed Jury Instructions and Charge filed by Pamela Purcel, Scott Purcel. (Geisler, Laura) Modified on 6/29/2010 (skt). |
Filing 241 OBJECTION filed by Pamela Purcel, Scott Purcel re: #203 Order (Attachments: #1 Exhibit(s) Hearing Transcript on Motion for Sanctions before Magistrate Stickney) (Geisler, Laura) Modified on 6/29/2010 (skt). |
Filing 240 Proposed Jury Instructions filed by Advanced Bionics Corporation. (May, Craig) |
Filing 239 NOTICE of Errata & Correction re: #238 Proposed Jury Charge/Instructions filed by Advanced Bionics Corporation (May, Craig) |
Filing 238 Proposed Jury Instructions filed by Advanced Bionics Corporation. (May, Craig) |
Filing 237 Proposed Voir Dire by Pamela Purcel, Scott Purcel. (Geisler, Laura) |
Filing 236 Proposed Voir Dire by Advanced Bionics Corporation. (Rosenthal, Kara) |
Filing 235 OBJECTION filed by Advanced Bionics Corporation re: #206 Exhibit List (Rosenthal, Kara) |
Filing 234 OBJECTION filed by Pamela Purcel, Scott Purcel re: #209 Exhibit List (Geisler, Laura) |
Filing 233 Second Supplemental Trial Witness List by Pamela Purcel, Scott Purcel as to #214 Witness List. (Geisler, Laura) Modified on 6/29/2010 (skt). |
Filing 232 RESPONSE AND OBJECTION filed by Advanced Bionics Corporation re: #207 Designation of Deposition (May, Craig) |
Filing 231 RESPONSE AND OBJECTION filed by Advanced Bionics Corporation re: #207 Designation of Deposition (May, Craig) |
Filing 230 RESPONSE AND OBJECTION filed by Advanced Bionics Corporation re: #207 Designation of Deposition (May, Craig) |
Filing 229 OBJECTIONS and COUNTER-DESIGNATIONS filed by Advanced Bionics Corporation re: #207 Designation of Deposition Testimony of Patricia Trautwein. (Rosenthal, Kara) |
Filing 228 OBJECTIONS and COUNTER-DESIGNATIONS filed by Advanced Bionics Corporation re: #207 Designation of Deposition Testimony of Elvia Serrano. (Rosenthal, Kara) |
Filing 227 OBJECTIONS and COUNTER-DESIGNATIONS filed by Advanced Bionics Corporation re: #207 Designation of Deposition Testimony of Julie Bates Mooneyham. (Rosenthal, Kara) |
Filing 226 OBJECTIONS and COUNTER-DESIGNATIONS filed by Advanced Bionics Corporation re: #207 Designation of Deposition Testimony of Jacquelyn Wiggins. (Rosenthal, Kara) |
Filing 225 RESPONSE AND OBJECTION filed by Advanced Bionics Corporation re: #207 Designation of Deposition (May, Craig) |
Filing 224 RESPONSE AND OBJECTION filed by Advanced Bionics Corporation re: #207 Designation of Deposition (May, Craig) |
Filing 223 RESPONSE AND OBJECTION filed by Advanced Bionics Corporation re: #207 Designation of Deposition (May, Craig) |
Filing 222 OBJECTIONS and Counter Designations to Plaintiffs' #207 Designation of Deposition Testimony of Thomas Santogrossi filed by Advanced Bionics Corporation. (May, Craig) Modified on 6/29/2010 (axm). |
Filing 221 OBJECTIONS and Counter Designations to Plaintiffs' #207 Designation of Deposition Testimony of James R Miller filed by Advanced Bionics Corporation. (May, Craig) Modified on 6/29/2010 (axm). |
Filing 220 OBJECTIONS and Counter Designations to Plaintiffs' #207 Designation of Deposition Testimony of Pierre Boisier filed by Advanced Bionics Corporation. (May, Craig) Modified on 6/29/2010 (axm). |
Filing 219 Memorandum Opinion and Order granting in part, denying in part #121 MOTION for Summary Judgment or Partial Summary Judgment filed by Advanced Bionics Corporation. (see order for specifics) (Ordered by Judge Barbara M.G. Lynn on 6/24/2010) (tln) |
Filing 217 ELECTRONIC ORDER GRANTING #167 Defendant Advanced Bionics' Motion for Leave to Designate Astro Seal as Non-Party at Fault. (Ordered by Judge Barbara M.G. Lynn on 6/24/2010) (Judge Barbara M.G. Lynn) |
Filing 216 NOTICE of Errata and Correction re: #167 MOTION for Leave to Designate Astro Seal as Non-Party at Fault filed by Advanced Bionics Corporation (Rosenthal, Kara) |
Filing 218 Minute Entry for proceedings held before Judge Barbara M.G. Lynn: Telephone Conference held on 6/22/2010. Attorney Appearances: Plaintiff - Laura Geisler, Susan Hays; Defense - Craig May, Kara Rosenthal, Mark Stradley. (Court Reporter: Sue Engledow) (No exhibits) Time in Court - :30. (skt) |
Filing 215 Defendant's Filing of Counter-Affidavit Challenging #196 Plaintiffs' Filing of Affidavits for Medical Bills and Records filed by Advanced Bionics Corporation (Attachments: #1 Affidavit(s) Affidavit of Tom Walsh) (Rosenthal, Kara) Modified on 6/23/2010 (axm). |
Filing 214 Witness List by Pamela Purcel, Scott Purcel. (Geisler, Laura) |
Filing 213 ***PROPOSED ORDER***Proposed Pretrial Order by Pamela Purcel, Scott Purcel. (Hays, Susan) Modified on 6/22/2010 (skt). |
Filing 212 PRE-TRIAL BRIEF by Advanced Bionics Corporation. (Rosenthal, Kara) |
Filing 211 Pretrial Disclosures [FRCP 26(A)(3)] filed by Advanced Bionics Corporation. (Rosenthal, Kara) |
Filing 210 Witness List by Advanced Bionics Corporation. (Rosenthal, Kara) |
Filing 209 Exhibit List by Advanced Bionics Corporation. (Rosenthal, Kara) |
Filing 208 Witness List by Pamela Purcel, Scott Purcel. (Geisler, Laura) |
Filing 207 Designation of Deposition by Pamela Purcel, Scott Purcel. (Geisler, Laura) |
Filing 206 Exhibit List by Pamela Purcel, Scott Purcel. (Geisler, Laura) |
Filing 205 Joint Settlement STATUS REPORT filed by Advanced Bionics Corporation, Pamela Purcel, Scott Purcel. (May, Craig) Modified on 6/16/2010 (skt). |
Filing 204 AFFIDAVIT of Susan Hays by Pamela Purcel, Scott Purcel. (Geisler, Laura) |
Filing 203 ORDER: DENIED IN PART AND TAKEN UNDER ADVISEMENT #140 Motion for Sanctions; denying #154 Supplemental MOTION for Sanctions. (see order) (Ordered by Magistrate Judge Paul D Stickney on 6/11/2010) (mcr) |
Filing 202 REPLY filed by Advanced Bionics Corporation re: #172 MOTION to Exclude Testimony of Tom Green (or Limit). (Attachments: #1 Declaration(s) of Rhonda Eckerman and Appendix, #2 Exhibit(s) K) (May, Craig) Modified on 6/14/2010 (axm). |
Filing 201 REPLY filed by Advanced Bionics Corporation re: #170 MOTION to Exclude or Limit the Testimony of Cheryl Blume (Rosenthal, Kara) |
Filing 200 REPLY filed by Advanced Bionics Corporation re: #169 MOTION to Exclude or Limit the Expert Testimony of Plaintiffs' Non-Retained Expert, Melissa Sweeney (Attachments: #1 Declaration(s) of Rhonda Eckerman and Appendix of Exhibits to Advanced Bionics' Reply Brief, #2 Exhibit(s) D, #3 Exhibit(s) E) (Rosenthal, Kara) |
Filing 199 NOTICE OF FILING OF OFFICIAL ELECTRONIC TRANSCRIPT of Motion for Sanctions Proceedings held on May 12, 2010 before Judge Paul D. Stickney. Court Reporter/Transcriber Betty Tate, Telephone number 972-596-9442. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a #Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed.. Redaction Request due 7/2/2010. Redacted Transcript Deadline set for 7/12/2010. Release of Transcript Restriction set for 9/9/2010. (Tate, Betty) |
Filing 196 NOTICE of Plaintiffs' Filing of Affidavits for Medical Bills and Records filed by Pamela Purcel, Scott Purcel (Geisler, Laura) |
Filing 195 RESPONSE filed by Pamela Purcel, Scott Purcel re: #170 MOTION to Exclude or Limit the Testimony of Cheryl Blume (Attachments: #1 Declaration(s) and Appendix of Plaintiffs' Exhibits in Support of Their Response to Defendant Advanced Bionic's Motion to Exclude or Limit the Testimony of Plaintiffs' Expert Cheryl Blume) (Geisler, Laura) |
Filing 194 RESPONSE filed by Pamela Purcel, Scott Purcel re: #169 MOTION to Exclude or Limit the Expert Testimony of Plaintiffs' Non-Retained Expert, Melissa Sweeney (Attachments: #1 Declaration(s) and Appendix of Plaintiffs' Exhibits in Support of their Response to Defendant Advanced Bionic's Motion to Exclude or Limit the Testimony of Plaintiffs' Non-Retained Expert Melissa Sweeney, #2 Exhibit(s) 1 to Plaintiffs' Response to Defendant Advanced Bionic's Motion to Exclude or Limit the Testimony of Plaintiffs' Non-Retained Expert Melissa Sweeney, #3 Exhibit(s) 1 (continued) to Plaintiffs' Response to Defendant Advanced Bionic's Motion to Exclude or Limit the Testimony of Plaintiffs' Non-Retained Expert Melissa Sweeney, #4 Exhibit(s) 1 (continued) to Plaintiffs' Response to Defendant Advanced Bionic's Motion to Exclude or Limit the Testimony of Plaintiffs' Non-Retained Expert Melissa Sweeney, #5 Exhibit(s) 1 (continued) to Plaintiffs' Response to Defendant Advanced Bionic's Motion to Exclude or Limit the Testimony of Plaintiffs' Non-Retained Expert Melissa Sweeney, #6 Exhibit(s) 2 to Plaintiffs' Response to Defendant Advanced Bionic's Motion to Exclude or Limit the Testimony of Plaintiffs' Non-Retained Expert Melissa Sweeney) (Geisler, Laura) |
Filing 193 RESPONSE filed by Pamela Purcel, Scott Purcel re: #172 MOTION to Exclude Testimony of Tom Green (or Limit) MOTION to Exclude Testimony of Tom Green (or Limit) MOTION to Exclude Testimony of Tom Green (or Limit) (Attachments: #1 Declaration(s) and Appendix of Plaintiffs' Exhibits in Support of their Response to Defendant Advanced Bionic's Motion to Exclude or Limit the Testimony of Plaintiffs' Expert Tom Green, #2 Exhibit(s) 1 to Plaintiffs' Response to Defendant Advanced Bionic's Motion to Exclude or Limit the Testimony of Plaintiffs' Expert Tom Green, #3 Exhibit(s) 1 (continuation) to Plaintiffs' Response to Defendant Advanced Bionic's Motion to Exclude or Limit the Testimony of Plaintiffs' Expert Tom Green, #4 Exhibit(s) 1 (continuation) to Plaintiffs' Response to Defendant Advanced Bionic's Motion to Exclude or Limit the Testimony of Plaintiffs' Expert Tom Green, #5 Exhibit(s) 2 to Plaintiffs' Response to Defendant Advanced Bionic's Motion to Exclude or Limit the Testimony of Plaintiffs' Expert Tom Green) (Geisler, Laura) |
Filing 191 ELECTRONIC ORDER GRANTING #190 Plaintiffs' Unopposed Motion for Extension of Time. Plaintiffs shall file, by May 28, 2010, their Response and Objections to Advanced Bionics Corporation's Motions to Exclude or Limit the Testimony of Plaintiffs' Experts. (Ordered by Judge Barbara M.G. Lynn on 5/20/2010) (Judge Barbara M.G. Lynn) |
Filing 190 Unopposed MOTION to Extend Time for Plaintiffs to file Responses and Objections to Defendant Advanced Bionics Corporation's Motion to Strike Plaintiffs' Experts filed by Pamela Purcel, Scott Purcel (Geisler, Laura) |
ELECTRONIC Minute Entry for proceedings held before Magistrate Judge Paul D Stickney: Motion Hearing held on 5/12/2010 re #140 Motion for Sanctions and #154 Supplemental Motion for Sanctions filed by Scott Purcel, Pamela Purcel. Attorney Appearances: Plaintiff - Laura Benitez Geisler, Susan Hays; Defense - Craig May, Kara Rosenthal, Mark Stradley, Mike O'Donnell-via teleconference. (Court Reporter: Digital File) (Exhibits admitted - returned to party) Time in Court - 2:00. (lmp) |
Filing 189 RESPONSE filed by Advanced Bionics Corporation re: #140 MOTION for Sanctions (Rosenthal, Kara) |
Filing 188 RESPONSE filed by Advanced Bionics Corporation re: #163 Response/Objection, (Rosenthal, Kara) |
Filing 184 ORDER re #177 Defendants' Motion for an Expanded Hearing and Leave to Present Evidence at Hearing. The Motion for an Expanded Hearing is GRANTED. The Motion for Leave to Present Evidence at Hearing is GRANTED in part. (See Order) (Ordered by Magistrate Judge Paul D Stickney on 5/7/2010) (skt) |
Filing 183 Supplemental Document by Pamela Purcel, Scott Purcel as to #140 MOTION for Sanctions. (Attachments: #1 Appendix and Exhibit in Support of Plaintiffs' Second Supplemental Motion for Sanctions against Advanced Bionics) (Geisler, Laura) |
Filing 182 RESPONSE AND OBJECTION filed by Pamela Purcel, Scott Purcel re: #177 Unopposed MOTION for an Expanded Hearing Regarding Plaintiffs' Motion for Sanctions, Scheduled for May 12, 2010 Before the Honorable Judge Stickney, and Partially Opposed Request for an Evidentiary Hearing (Geisler, Laura) |
Filing 179 ELECTRONIC ORDER GRANTING #176 Defendant Advanced Bionics' Unopposed Motion for Leave to file a Response to Plaintiffs' Motion for Summary Judgment Evidentiary Objections. Advanced Bionics is granted leave to file, by May 14, 2010, its Response. (Ordered by Judge Barbara M. G. Lynn on 5/6/2010) (Judge Barbara M. G. Lynn) |
Filing 177 Unopposed MOTION for an Expanded Hearing Regarding Plaintiffs' Motion for Sanctions, Scheduled for May 12, 2010 Before the Honorable Judge Stickney, and Partially Opposed Request for an Evidentiary Hearing filed by Advanced Bionics Corporation with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Rosenthal, Kara) |
Filing 176 MOTION for Leave to File a Response to Plaintiffs' Motion for Summary Judgment Evidentiary Objections filed by Advanced Bionics Corporation (Attachments: #1 Exhibit(s) A, #2 Proposed Order) (Rosenthal, Kara) |
Filing 175 CERTIFICATE of Conference re 173 Sealed Document, Regarding Motion to File Exhibits Under Seal (Green Motion) by Kara J Rosenthal on behalf of Advanced Bionics Corporation (Rosenthal, Kara) |
Filing 174 CERTIFICATE of Conference Regarding Motion to File Exhibits Under Seal (Blume Motion) by Kara J Rosenthal on behalf of Advanced Bionics Corporation (Rosenthal, Kara) |
Filing 172 MOTION to Exclude Testimony of Tom Green (or Limit) filed by Advanced Bionics Corporation with Brief/Memorandum in Support. (Attachments: #1 Brief in Support of Motion to Limit the Expert Testimony of Plaintiffs' Expert Tom Green, #2 Appendix to Brief in Support of Motion to Limit the Expert Testimony of Plaintiffs' Expert Tom Green, #3 Exhibit(s) A (Placeholder), #4 Exhibit(s) B, #5 Exhibit(s) C, #6 Exhibit(s) D, #7 Exhibit(s) E (Placeholder), #8 Exhibit(s) F, #9 Exhibit(s) G, #10 Exhibit(s) H, #11 Exhibit(s) I, #12 Exhibit(s) J) (Rosenthal, Kara) |
Filing 170 MOTION to Exclude or Limit the Testimony of Cheryl Blume filed by Advanced Bionics Corporation with Brief/Memorandum in Support. (Attachments: #1 Brief in Support of Motion to Exclude or Limit the Testimony of Cheryl Blume, #2 Declaration(s) of Nicole S. Ramirez and Appendix of Exhibits to Brief in Support of Motion to Exclude or Limit the Testimony of Cheryl Blume, #3 Exhibit(s) to Brief in Support of Motion to Exclude or Limit the Testimony of Cheryl Blume) (Rosenthal, Kara) |
Filing 169 MOTION to Exclude or Limit the Expert Testimony of Plaintiffs' Non-Retained Expert, Melissa Sweeney filed by Advanced Bionics Corporation with Brief/Memorandum in Support. (Attachments: #1 Brief in Support of Motion to Exclude or Limit the Expert Testimony of Plaintiffs' Non-Retained Expert Melissa Sweeney, #2 Declaration(s) of Nicole S. Ramirez and Appendix of Exhibits to Brief in Support of Motion to Exclude or Limit the Testimony of Melissa Sweeney, #3 Exhibit(s) to Brief in Support of Motion to Exclude or Limit the Testimony of Melissa Sweeney) (Rosenthal, Kara) |
Filing 167 MOTION for Leave to Designate Astro Seal as Non-Party at Fault filed by Advanced Bionics Corporation with Brief/Memorandum in Support. (Attachments: #1 Brief in Support) (Rosenthal, Kara) |
Filing 166 AMENDED DOCUMENT by Pamela Purcel, Scott Purcel. Amendment to #159 Reply. Plaintiffs' Amended Reply to Advanced Bionics' Response to Plaintiffs' Supplemental Motion for Sanctions. (Attachments: #1 Amended Appendix of Plaintiffs Exhibits in Support of their Reply to Advanced Bionics' Response to Plaintiffs' Supplemental Motion for Sanctions) (Geisler, Laura) . |
Filing 168 ORDER re #140 Motion for Sanctions, #154 Motion for Sanctions. Motion Hearing set for 5/12/2010 10:00 AM before Magistrate Judge Paul D Stickney. (See Order.) (Ordered by Magistrate Judge Paul D Stickney on 4/21/2010) (twd) |
Filing 165 ORDER granting #127 Motion for Summary Judgment against Plaintiffs. Plaintiffs' claims against Astro Seal are DISMISSED WITH PREJUDICE. All costs of court incurred by Astro Seal are taxed against Plaintiffs. (See Order) (Ordered by Judge Barbara M. G. Lynn on 4/21/2010) (skt) |
***Clerk's Notice of delivery: (see NEF for details) Docket No:165. Wed Apr 21 16:45:00 CDT 2010 (crt) |
Filing 164 Minute Entry for proceedings held before Judge Barbara M. G. Lynn: Telephone Conference held on 4/20/2010. Attorney Appearances: Plaintiff - Laura Geisler, Susan Hays; Defense - Mark Stanley, Craig May, Kara Rosenthal, Steve Howen. (Court Reporter: Sue Engledow) (No exhibits) Time in Court - :30 minutes. (mfw) |
Filing 163 OBJECTIONS filed by Pamela Purcel, Scott Purcel to Defendant Advanced Bionics' Evidence in Support of its #161 Supplemental Reply in Support of Summary Judgment (Attachments: #1 Declaration and Appendix) (Geisler, Laura) Modified on 4/20/2010 (skt). |
Filing 162 RESPONSE filed by Pamela Purcel, Scott Purcel re: #160 MOTION for Limited Modification of the Third Amended Scheduling Order to Extend Expert Motion Deadline (Geisler, Laura) Modified on 4/20/2010 (skt). |
Filing 161 Supplemental REPLY in Support filed by Advanced Bionics Corporation re: #121 MOTION for Summary Judgment (Attachments: #1 Appendix, #2 Exhibits) (May, Craig) Modified on 4/19/2010 (axm). |
Filing 160 MOTION for Limited Modification of the Third Amended Scheduling Order to Extend Expert Motion Deadline filed by Advanced Bionics Corporation (Attachments: #1 Text of Proposed Order) (Rosenthal, Kara) |
Filing 159 REPLY filed by Scott Purcel, Pamela Purcel re: #154 Supplemental MOTION for Sanctions (Attachments: #1 Appendix and Exhibits in Support of Plaintiffs Reply to Advanced Bionics' Response to Plaintiffs' Supplemental Motion for Sanctions) (Geisler, Laura) |
Filing 158 ORDER granting #157 Motion for Leave to File a Supplemental Reply. Supplemental Reply due by 4/16/2010. (Ordered by Judge Barbara M. G. Lynn on 4/9/2010) (mfw) Modified on 4/14/2010 (mfw). |
Filing 157 MOTION for Leave to File Supplemental Reply to Plaintiff's Supplemental Response to Advanced Bionics' Motion for Summary Judgment filed by Advanced Bionics Corporation (Attachments: #1 Advanced Bionics' Supplemental Reply in Support of Motion for Summary Judgment, #2 Text of Proposed Order) (May, Craig) |
Filing 156 Brief/Memorandum in Support filed by Advanced Bionics Corporation re #155 Response/Objection (Attachments: #1 Appendix and Declaration to Response Brief in Support of AB's Response in Opposition to Plaintiffs' Supplemental Motion for Sanctions, #2 Exhibit to Response Brief in Support of AB's Response in Opposition to Plaintiffs' Supplemental Motion for Sanctions) (May, Craig) |
Filing 155 RESPONSE filed by Advanced Bionics Corporation re: #154 Supplemental MOTION for Sanctions (May, Craig) |
Filing 154 Supplemental MOTION for Sanctions filed by Scott Purcel, Pamela Purcel (Attachments: #1 Appendix of Plaintiffs' Exhibits in Support of their Supplemental Motion for Sanctions, #2 Appendix Exhibits 7-12 to Plaintiffs' Supplemental Motion for Sanctions, #3 Appendix Exhibits 13-18 to Plaintiffs' Supplemental Motion for Sanctions) (Geisler, Laura) |
Filing 153 NOTICE Correspondence to Magistrate Judge Stickney re: #140 MOTION for Sanctions filed by Scott Purcel, Pamela Purcel (Geisler, Laura) |
Filing 152 THIRD AMENDED SCHEDULING ORDER: This case is RESET for a jury trial on this Court's three-week docket beginning Tuesday, 7/6/2010, at 9:00 a.m. Settlement Conference due by 6/15/2010. Pretrial Order due by 6/21/2010. Pretrial Materials due by 6/21/2010. Pretrial Conference set for 7/2/2010 10:00 AM before Judge Barbara M. G. Lynn. (Ordered by Judge Barbara M. G. Lynn on 3/11/2010) (klm) |
Filing 151 RESPONSE filed by Scott Purcel, Pamela Purcel re: #121 MOTION for Summary Judgment or Partial Summary Judgment (Attachments: #1 Exhibit A to Plaintiffs' Supplemental Response to Defendant Advanced Bionics' Motion for Summary Judgment) (Geisler, Laura) |
Filing 150 ORDER REFERRING #140 Motion for Sanctions, filed by Scott Purcel, Pamela Purcel. Motion(s) referred to Magistrate Judge Paul D Stickney. (Ordered by Judge Barbara M. G. Lynn on 3/8/2010) (mfw) |
Filing 149 ORDER granting 148 Motion to File Exhibit Under Seal. Advanced Bionics Corporation is granted leave to file, by 3/10/2010 under seal. (Ordered by Judge Barbara M. G. Lynn on 3/8/2010) (mfw) (Order unsealed per DJ Chambers) Modified on 3/18/2010 (dnc). |
Filing 147 Appendix in Support filed by Advanced Bionics Corporation re #146 Brief/Memorandum in Support of Motion [Appendix in Support to Brief in Support of Opposition to Motion for Sanctions] (Attachments: #1 Appendix Part 1 - Appendix and Exhibits, #2 Appendix Part 2 - Appendix and Exhibits) (May, Craig) |
Filing 146 Brief/Memorandum in Support filed by Advanced Bionics Corporation re #145 Response/Objection (May, Craig) |
Filing 145 RESPONSE AND OBJECTION filed by Advanced Bionics Corporation re: #140 MOTION for Sanctions (May, Craig) |
Filing 144 ORDER granting #114 Plaintiff's Second Motion to Compel. (see order) (Ordered by Magistrate Judge Paul D Stickney on 2/25/2010) (axm) |
Set/Reset Deadlines as to #121 Motion for Summary Judgment. Supplemental Responses due by 3/8/2010. (mfw) |
Filing 143 ELECTRONIC ORDER GRANTING #142 Plaintiffs' Motion for Extension of Time. Plaintiffs shall file their supplemental response by March 8, 2010. (Ordered by Judge Barbara M. G. Lynn on 2/19/2010) (Judge Barbara M. G. Lynn) |
Filing 142 Unopposed MOTION to Extend Time to Supplement their Motion for Summary Judgment Response filed by Scott Purcel, Pamela Purcel. (Geisler, Laura) Modified on 2/19/2010 (klm). |
Filing 141 Minute Entry for proceedings held before Judge Barbara M. G. Lynn: Telephone Conference. Attorney Appearances: Plaintiff - Laura Geisler; Susan Hays; Defense - Craig May; other counsel of record. (Court Reporter Sue Engledow.) Time in Court: 20 mins. (klm) |
Filing 140 MOTION for Sanctions filed by Scott Purcel, Pamela Purcel with Brief/Memorandum in Support. (Attachments: #1 Exhibit Brief in Support of Plaintiffs' Motion for Sanctions against Advanced Bionics, #2 Appendix Declaration and Appendix of Exhibits in Support of Plaintiffs' Motion for Sanctions against Advanced Bionics, #3 Appendix Exhibit 1 to Plaintiffs' Motion for Sanctions, #4 Appendix Exhibit 2 to Plaintiffs' Motion for Sanctions, #5 Appendix Exhibit 4 to Plaintiffs' Motion for Sanctions, #6 Appendix Exhibit 5 to Plaintiffs' Motion for Sanctions, #7 Appendix Exhibit 6 to Plaintiffs' Motion for Sanctions) (Geisler, Laura) |
Filing 138 ORDER: Telephone Conference set for 2/10/2010 03:00 PM before Judge Barbara M. G. Lynn. (Ordered by Judge Barbara M. G. Lynn on 2/9/2010) (klm) |
Filing 137 REPLY filed by Advanced Bionics Corporation re: #121 MOTION for Summary Judgment or Partial Summary Judgment (Attachments: #1 Declaration of Rhonda Eckerman) (May, Craig) |
Filing 135 Application and Order for Admission Pro Hac Vice by Joseph B Valentine for Advanced Bionics Corporation. (Ordered by Judge Barbara M. G. Lynn on 1/26/2010) (dnc) |
Minute Entry for proceedings held before Magistrate Judge Paul D Stickney: Motion Hearing held on 01/25/10 re #114 Motion to Compel filed by Scott Purcel, Pamela Purcel. Order to enter. Attorney Appearances: Plaintiff - Susan Hays, Laura Geisler; Defense - Kara Rosenthal, Joe Valentine (via telephone conference).(Digital File.) Time in Court: 30 min. NO PDF ATTACHED - THIS IS A VIRTUAL MINUTE ENTRY. (lmp) Modified on 1/25/2010 (lmp). |
Filing 133 Brief/Memorandum in Support filed by Scott Purcel, Pamela Purcel re #121 MOTION for Summary Judgment or Partial Summary Judgment, #127 MOTION for Summary Judgment (Attachments: #1 Supplement Brief in Support of Response, #2 Appendix Appendix to Response) (Geisler, Laura) |
Filing 131 REPLY filed by Scott Purcel, Pamela Purcel re: #114 Second MOTION to Compel Defendant Advanced Bioncs to Respond to Plaintiffs' Request for Production (Attachments: #1 Appendix) (Geisler, Laura) |
Filing 130 ORDER setting deadlines as to #119 , #121 , and #127 Motions for Summary Judgment. Responses due by 1/22/2010. (Ordered by Judge Barbara M. G. Lynn on 1/4/2010) (klm) |
Filing 129 Joint STIPULATION to Extend Plaintiffs Time to Respond to Defendants' Motions for Summary Judgment by Advanced Bionics Corporation, Scott Purcel, Astro Seal Inc., Pamela Purcel. (Geisler, Laura) |
Filing 128 RESPONSE filed by Advanced Bionics Corporation re: #114 Second MOTION to Compel Defendant Advanced Bioncs to Respond to Plaintiffs' Request for Production (Attachments: #1 Declaration of Joseph Valentine) (May, Craig) |
Filing 127 MOTION for Summary Judgment filed by Astro Seal Inc. with Brief/Memorandum in Support. (Attachments: #1 Defendant Astro Seal's Brief in Support of Its Motion for Summary Judgment Against Plaintiffs, #2 Appendix, #3 Declaration of Patrick F. Madden for Appendix to Defendant Astro Seal's Motion for Summary Judgment Against Plaintiffs, #4 Proposed Order Granting Defendant Astro Seal's Motion for Summary Judgment Against Plaintiffs) (Madden, Patrick) |
Filing 126 ORDER granting #122 Agreed MOTION for Leave to File Amended Form of Summary Judgment Motion. Amended Motion for Summary Judgment with attached brief, appendix, and proposed order due by 12/29/2009. (See Order) (Ordered by Judge Barbara M. G. Lynn on 12/22/2009) (skt) |
Filing 124 ORDER: Motion Hearing set for 1/25/2010 09:00 AM before Magistrate Judge Paul D Stickney re #114 Second MOTION to Compel Defendant Advanced Bioncs to Respond to Plaintiffs' Request for Production (Ordered by Magistrate Judge Paul D Stickney on 12/21/2009) (svc) |
Filing 123 Joint STIPULATION to Extend Discovery Deadline for Limited Purposes by Advanced Bionics Corporation, Scott Purcel, Astro Seal Inc., Pamela Purcel. (May, Craig) |
Filing 122 Agreed MOTION for Leave to File Amended Form of Summary Judgment Motion filed by Astro Seal Inc. (Attachments: #1 Text of Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D) (Madden, Patrick) Modified on 12/21/2009 (axm). |
Filing 121 MOTION for Summary Judgment or Partial Summary Judgment filed by Advanced Bionics Corporation with Brief/Memorandum in Support. (Attachments: #1 Text of Proposed Order, #2 Memorandum of Law in Support, #3 Appendix, #4 Exhibit) (May, Craig) |
Filing 119 MOTION for Summary Judgment filed by Astro Seal Inc. (Attachments: #1 Exhibit A, #2 Exhibit C, #3 Text of Proposed Order Proposed Order) (Madden, Patrick) |
Filing 118 Joint STIPULATION to Extend Expert Motion Deadline by Advanced Bionics Corporation, Scott Purcel, Astro Seal Inc., Pamela Purcel. (May, Craig) |
Filing 117 ORDER REFERRING #114 Motion to Compel filed by Scott Purcel, Pamela Purcel. Motion(s) referred to Magistrate Judge Paul D Stickney. (Ordered by Judge Barbara M. G. Lynn on 12/9/2009) (axm) |
Filing 116 Brief/Memorandum in Support filed by Scott Purcel, Pamela Purcel re #114 Second MOTION to Compel Defendant Advanced Bioncs to Respond to Plaintiffs' Request for Production (Attachments: #1 Appendix Index, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C-1, #5 Exhibit C-2, #6 Exhibit C-3, #7 Exhibit C-4, #8 Exhibit C-5, #9 Exhibit C-6, #10 Exhibit C-7, #11 Exhibit D, #12 Exhibit E, #13 Exhibit F, #14 Exhibit G) (Geisler, Laura) Modified on 12/9/2009 (axm). |
Filing 115 ***DOCKETED USING WRONG EVENT - SEE DOC. 116*** Second MOTION to Compel Defendant Advanced Bionics to Respond to Plaintiffs' Request for Production filed by Scott Purcel, Pamela Purcel (Attachments: #1 Appendix Index to Appendix to Plaintiffs' Second Motion to Compel Defendant Advanced Bionics to Respond to Plaintiffs' Request for Production, #2 Appendix Exhibit A, #3 Appendix Exhibit B, #4 Appendix Exhibit C-1, #5 Appendix Exhibit C-2, #6 Appendix Exhibit C-3, #7 Appendix Exhibit C-4, #8 Appendix Exhibit C-5, #9 Appendix Exhibit C-6, #10 Exhibit Exhibit C-7, #11 Appendix Exhibit D, #12 Affidavit Exhibit E, #13 Affidavit Exhibit F, #14 Appendix Exhibit G) (Geisler, Laura) Modified on 12/9/2009 (klm). |
Filing 114 Second MOTION to Compel Defendant Advanced Bioncs to Respond to Plaintiffs' Request for Production filed by Scott Purcel, Pamela Purcel (Geisler, Laura) |
Filing 113 ORDER granting #112 MOTION to Seal Exhibit "A" to Defendant Astro Seal Inc.'s Designation of Non-Retained Testifying Experts. (see order) (Ordered by Judge Barbara M. G. Lynn on 11/24/2009) (mfw) |
Filing 112 MOTION Seal Exhibit "A" to Defendant Astro Seal, Inc.'s Designation of Non-Retained Testifying #111 Experts filed by Astro Seal Inc. (Attachments: #1 Text of Proposed Order Sealing Exhibit "A" to Defendant Astro Seal, Inc.'s Designation of Non-Retained Testifying Experts) (Madden, Patrick) Modified on 11/24/2009 (skt). |
Filing 111 Designation of Experts by Astro Seal Inc. (Attachments: #1 Exhibit A) (Madden, Patrick) (attachment sealed per attorney's request) Modified on 11/23/2009 (tln). Modified on 11/24/2009, Exhibit A Sealed per 11/24/2009 Order (axm). |
Filing 110 Notice of Correction of Signature Omission, correcting signature omission in #109 Designation of Experts filed by Astro Seal Inc.. (Madden, Patrick) |
Filing 109 Designation of Experts by Astro Seal Inc.. (Madden, Patrick) |
Filing 108 Joint STIPULATION For Extension of Time for Parties to Serve Damages Expert Designations by Advanced Bionics Corporation, Scott Purcel, Pamela Purcel, and Astro Seal Inc . (May, Craig) Modified filers on 11/10/2009 (axm). |
Filing 107 Proof of Service for Subpoena served on Melissa Sweeney on 10/20/2009 by Carlos Barrera. (axm) |
Filing 106 Proof of Service for Subpoena served on Janee Gisclair on 10/16/2009. (axm) |
Filing 105 Proof of Service for Subpoena served on Melissa Sweeney on 10/15/2009. (axm) |
Filing 104 ELECTRONIC ORDER GRANTING #103 Joint Motion to Extend Summary Judgment Deadline. The deadline for filing dispositive motions is extended from November 16, 2009 to December 14, 2009. (Ordered by Judge Barbara M. G. Lynn on 10/22/2009) (Judge Barbara M. G. Lynn) |
Filing 103 Joint MOTION for Extension of Time to File Summary Judgment Motions [from November 16, 2009 to December 14, 2009] filed by Advanced Bionics Corporation, Scott Purcel, Astro Seal Inc., Pamela Purcel (Attachments: #1 Text of Proposed Order Granting Joint Motion to Extend Summary Judgment Deadline) (May, Craig) |
Filing 102 Joint STIPULATION For Extension of Time For Parties to Serve Expert Designations and Completion of Discovery by Advanced Bionics Corporation. (May, Craig) |
Filing 101 Designation of Experts by Scott Purcel, Pamela Purcel. (Geisler, Laura) |
Filing 100 Joint STIPULATION enlarging time within which parties file expert designations by Advanced Bionics Corporation, Scott Purcel, Astro Seal Inc., Pamela Purcel. (Geisler, Laura) |
Filing 99 Joint STIPULATION Enlarging Time Within which Parties File Expert Designations by Advanced Bionics Corporation, Scott Purcel, Astro Seal Inc., Pamela Purcel. (Geisler, Laura) |
Filing 98 Application and Order for Admission Pro Hac Vice by Peter Samberg for Scott Purcel and Pamela Purcel. (Ordered by Judge Barbara M. G. Lynn on 9/4/2009) (axm) |
Filing 97 Plaintiffs' Expert Disclosures by Scott Purcel, Pamela Purcel. (Geisler, Laura) Modified on 8/17/2009 (axm). |
Filing 96 Joint STIPULATION Enlarging Time within which Parties File Expert Designations by Advanced Bionics Corporation, Scott Purcel, Astro Seal Inc, Pamela Purcel. (Geisler, Laura) Modified on 8/17/2009 (axm). |
Filing 95 STIPULATION by Advanced Bionics Corporation, Scott Purcel, Astro Seal Inc., Pamela Purcel Joint Stipulation Enlarging Time Within Which Parties File Expert Designations and Object to Expert Designations. (Geisler, Laura) |
Filing 94 ORDER granting #84 Motion to Withdraw as Attorney. (see order) (Ordered by Magistrate Judge Paul D Stickney on 06/09/09) (lmp) |
Filing 93 NOTICE of Firm Name Change filed by Advanced Bionics Corporation (May, Craig) |
Filing 92 STIPULATION by Advanced Bionics Corporation, Scott Purcel, Astro Seal Inc., Pamela Purcel Enlarging Time within which Parties File Expert Designations and Object to Expert Designations. (Geisler, Laura) Modified on 6/2/2009 (jyg). |
Filing 91 NOTICE of Attorney Appearance and Designation of Attorney in Charge for Astro Seal Inc.. (Attachments: #1 Certificate of Conference) (Madden, Patrick) Modified on 6/2/2009 (jyg). |
Filing 90 ORDER: Astro Seal, Inc. is hereby notified that if a corporation declines to hire counsel to represent it, the court may recommend that the District Court strike its defenses. This could lead to entry of a default judgment on plaintiffs' claims. (see order) (Ordered by Magistrate Judge Paul D Stickney on 5/19/2009) (klm) |
Minute Entry for proceedings held before Magistrate Judge Paul D Stickney: Motion Hearing held on 5/18/09 re #84 Motion to Withdraw as Attorney filed by Astro Seal Inc., Motion for Hearing filed by Astro Seal Inc.. Astro Seal is ordered to obtain a new attorney within 2 weeks. After a new attorney is retained, the firm of Sedgwick, Detert, Moran & Arnold can withdraw. Order to enter. Attorney Appearances: Plaintiff - Susan L. Hays; Defense - Alan R. Vickery, Gwen E. Pilgrim.(Digital File.) Time in Court: 8 Min. NO PDF ATTACHED - THIS IS A VIRTUAL MINUTE ENTRY. (grj) |
Filing 89 ORDER granting #87 Motion to Withdraw as Attorney. Attorney Ralph C Jones terminated. Added attorney Susan L Hays for Scott Purcel and Pamela Purcel. (Ordered by Judge Barbara M. G. Lynn on 5/12/2009) (klm) |
Filing 88 ORDER: Set Deadlines as to #84 Motion to Withdraw as Attorney, Motion for Hearing. Motion Hearing set for 5/18/2009 09:00 AM before Magistrate Judge Paul D Stickney. (see order) (Ordered by Magistrate Judge Paul D Stickney on 05/11/09) (lmp) |
Filing 87 MOTION to Withdraw as Attorney and Substitute Counsel filed by Scott Purcel, Pamela Purcel (Geisler, Laura) |
Filing 86 ORDER setting deadlines as to #84 Motion to Withdraw as Attorney, Motion for Hearing. Motion Hearing set for 5/14/2009 09:00 AM before Magistrate Judge Paul D Stickney. (Ordered by Magistrate Judge Paul D Stickney on 5/8/2009) (klm) |
Filing 85 ORDER REFERRING #84 Motion to Withdraw as Attorney and Request for Expedited Hearing. Motion(s) referred to Magistrate Judge Paul D Stickney. (Ordered by Judge Barbara M. G. Lynn on 5/7/2009) (axm) |
MOTION for Expedited Hearing re #84 MOTION to Withdraw as Attorney filed by Astro Seal Inc. (see doc. 84 for image) (klm) |
Filing 84 MOTION to Withdraw as Attorney and Request for Expedited Hearing filed by Astro Seal Inc. (Pilgrim, Gwen) |
Filing 83 SECOND AMENDED SCHEDULING ORDER: Dispositive Motions due by 11/16/2009. Factual and Expert Discovery due by 11/20/2009. Settlement Status Report due by 2/23/2010. Pretrial Order due by 2/23/2010. Pretrial Materials due by 2/23/2010. Pretrial Conference set for 3/12/2010 09:00 AM before Judge Barbara M. G. Lynn. Jury Trial set for 3/17/2010 before Judge Barbara M. G. Lynn. (see order) (Ordered by Judge Barbara M. G. Lynn on 4/27/2009) (axm) |
Filing 82 ORDER granting #80 Second Agreed MOTION for Continuance. Jury Trial set on the court's three week docket beginning 3/17/2010 before Judge Barbara M. G. Lynn. (Ordered by Judge Barbara M. G. Lynn on 04/24/09) (lmp) |
Filing 81 Joint STIPULATION Enlarging Time within which Parties File Expert Designation and Object to Expert Designation by Advanced Bionics Corporation, Scott Purcel, Astro Seal Inc, Pamela Purcel. (Geisler, Laura) Modified on 4/17/2009 (skt). |
Filing 80 Second Agreed MOTION for Continuance filed by Advanced Bionics Corporation, Scott Purcel, Astro Seal Inc, Pamela Purcel (Attachments: #1 Exhibit A - Agreed Proposed Scheduling Order) (Geisler, Laura) Modified on 4/17/2009 (skt). |
Filing 79 ORDER denying #64 Motion to Modify Confidentiality Protective Order to Allow For a Limited Sharing Provision Based on Newly Acquired Facts and Circumstances. (see order) (Ordered by Magistrate Judge Paul D Stickney on 04/13/09) (lmp) |
Filing 78 ORDER granting #62 Motion to Compel Defendant's Responses to Plaintiffs' Request for Production. (see order) (Ordered by Magistrate Judge Paul D Stickney on 04/13/09) (lmp) |
Filing 77 ORDER granting #76 Stipulated Motion for an Order Enlarging Time Within Which Parties File Dispositive Motions. Dispositive Motions due by 7/3/2009. (See Order) (Ordered by Judge Barbara M. G. Lynn on 4/13/09) (skt) |
Filing 76 Stipulated MOTION FOR AN ORDER ENLARGING TIME WITHIN WHICH PARTIES FILE DISPOSITIVE MOTIONS filed by Advanced Bionics Corporation (Attachments: #1 Proposed Agreed Order) (Rosenthal, Kara) Modified on 4/10/2009 (jyg). |
Filing 75 Application and Order for Admission Pro Hac Vice by Teresa Curtin for Scott Purcel and Pamela Purcel. (Ordered by Judge Barbara M. G. Lynn on 4/3/2009) (axm) |
Filing 74 Application and Order for Admission Pro Hac Vice by Edwin E Wallis, III for Scott Purcel and Pamela Purcel. (Ordered by Judge Barbara M. G. Lynn on 4/3/2009) (axm) |
Filing 73 Application and Order for Admission Pro Hac Vice by Tim Edwards for Scott Purcel and Pamela Purcel. (Ordered by Judge Barbara M. G. Lynn on 4/3/2009) (axm) |
Minute Entry for proceedings held before Magistrate Judge Paul D Stickney: Motion Hearing held on 3/5/09 re #64 Motion for Miscellaneous Relief (taken under advisement), filed by Scott Purcel, Pamela Purcel, #62 Motion to Compel (order will enter granting), filed by Scott Purcel, Pamela Purcel. Attorney Appearances: Plaintiff - Laura Benitez Geisler, Ralph C. Jones; Defense - Craig R. May, Ed Wright, Gwen E. Pilgrim.(Digital File.) Time in Court: 23 Min. NO PDF ATTACHED - THIS IS A VIRTUAL MINUTE ENTRY. (grj) |
Filing 72 Plaintiffs' REPLY to Defendant Advanced Bionics' Response and Brief in Opposition to Plaintiffs' #64 MOTION to Modify Confidentiality Protective Order to Allow For a Limited Sharing Provision Based on Newly Acquired Facts and Circumstances filed by Scott Purcel, Pamela Purcel (Geisler, Laura) Modified on 2/27/2009 (tln). |
Filing 71 Plaintiffs' REPLY to Defendant Advanced Bionics' Response and Brief in Opposition to the Plaintiffs' #62 MOTION to Compel filed by Scott Purcel, Pamela Purcel (Geisler, Laura) Modified on 2/27/2009 (tln). |
Filing 70 RESPONSE in Opposition filed by Astro Seal Inc re #64 Plaintiff's Motion to Modify Confidentiality Protective Order to Allow for a Limited Sharing Provision. (Pilgrim, Gwen) Modified on 2/18/2009 (axm). |
Filing 69 RESPONSE and Brief in Opposition filed by Advanced Bionics Corporation re #64 Plaintiffs' MOTION to Modify Confidentiality Protective Order to Allow For a Limited Sharing Provision Based on Newly Acquired Facts and Circumstances. (Attachments: #1 Appendix) (May, Craig) Modified on 2/18/2009 (axm). |
Filing 68 Joint STIPULATION Enlarging Time Within Which Parties File Expert Designations and Object to Expert Designations by Advanced Bionics Corporation, Scott Purcel, Astro Seal Inc, Pamela Purcel. (Geisler, Laura) |
Filing 67 RESPONSE in Opposition filed by Advanced Bionics Corporation re #62 MOTION to Compel (Attachments: #1 Appendix Appendix to Advanced Bionics' Response to Plaintiffs' Motion to Compel Advanced Bionics to Respond to Plaintiffs' First Request for Production) (May, Craig) |
Filing 66 ORDER setting Deadlines as to #64 Motion to Modify Confidentiality Protective Order to Allow For a Limited Sharing Provision Based on Newly Acquired Facts and Circumstances, #62 Motion to Compel Defendant's Responses to Plaintiffs' Request for Production. Motion Hearing set for 3/5/2009 10:00 AM before Magistrate Judge Paul D Stickney. (Ordered by Magistrate Judge Paul D Stickney on 2/2/09) (klm) |
Filing 65 ORDER REFERRING #64 Motion to Modify Confidentiality Protective Order to Allow For a Limited Sharing Provision Based on Newly Acquired Facts and Circumstances filed by Scott Purcel, Pamela Purcel. Motion(s) referred to Magistrate Judge Paul D Stickney. (Ordered by Judge Barbara M. G. Lynn on 1/28/09) (klm) |
Filing 64 MOTION to Modify Confidentiality Protective Order to Allow For a Limited Sharing Provision Based on Newly Acquired Facts and Circumstances filed by Scott Purcel, Pamela Purcel with Brief in Support. (Attachments: #1 Brief in Support, #2 Exhibits to Brief in Support) (Geisler, Laura) Modified on 1/27/2009 (jyg). |
Filing 63 ORDER REFERRING #62 Plaintiffs' Motion to Compel. Motion(s) referred to Magistrate Judge Paul D Stickney. (Ordered by Judge Barbara M. G. Lynn on 1/23/09) (skt) |
Filing 62 MOTION to Compel Defendant's Responses to Plaintiffs' Request for Production filed by Scott Purcel, Pamela Purcel with Brief/Memorandum in Support. (Attachments: #1 Memorandum in Support, #2 Exhibit) (Geisler, Laura) Modified on 1/23/2009 (jyg). |
Filing 61 Application and Order for Admission Pro Hac Vice by Michael L Bernstein for Astro Seal Inc. (dist) (Ordered by Judge Barbara M. G. Lynn on 1/13/2009) (axm) |
Filing 60 Application and Order for Admission Pro Hac Vice by David M Covey for Astro Seal Inc. (dist) (Ordered by Judge Barbara M. G. Lynn on 1/13/2009) (axm) |
Filing 59 Joint Stipulation enlarging time for parties to file Expert Designation and object to Expert Designation by Advanced Bionics Corporation, Scott Purcel, Astro Seal Inc., Pamela Purcel . (Geisler, Laura) Modified on 1/6/2009 (lmp). Modified on 1/20/2009 (caw). |
Filing 58 Original ANSWER to #23 Amended Complaint, filed by Astro Seal Inc. (Pilgrim, Gwen) |
Filing 57 Memorandum Opinion and Order denying #41 Motion to Dismiss filed by Astro Seal Inc. (See Order) (Ordered by Judge Barbara M. G. Lynn on 10/27/08) (skt) |
Filing 56 AMENDED AGREED SCHEDULING ORDER: Dispositive Motions due by 5/1/2009. Factual and Expert Discovery due by 5/29/2009. Settlement Status Report due by 9/15/2009. Pretrial Order due by 9/15/2009. Pretrial Materials due by 9/15/2009. Pretrial Conference set for 9/30/2009 10:00 AM before Judge Barbara M. G. Lynn. Jury Trial set for three-week docket beginning 10/5/2009 before Judge Barbara M. G. Lynn. (Ordered by Judge Barbara M. G. Lynn on 10/22/2008) (axm) |
Filing 55 ORDER granting #54 Joint Motion to Continue. Jury Trial reset for 10/5/2009 before Judge Barbara M. G. Lynn. (Ordered by Judge Barbara M. G. Lynn on 10/22/2008) (axm) |
Filing 54 Joint MOTION to Continue filed by Advanced Bionics Corporation, Scott Purcel, Astro Seal Inc., Pamela Purcel (Attachments: #1 Proposed Amended Scheduling Order) (Pilgrim, Gwen) |
Filing 53 Joint Settlement STATUS REPORT filed by Advanced Bionics Corporation, Scott Purcel, Astro Seal Inc., Pamela Purcel. (May, Craig) Modified on 10/14/2008 (tln). |
Filing 52 ORDER denying #31 Motion To Modify the Confidentiality Protective Order. (see order) (Signed by Magistrate Judge Paul D Stickney on 10/09/08) (lmp) Modified on 10/14/2008 (axm). |
Filing 51 Brief/Memorandum in Support filed by Astro Seal Inc. re #50 Response to Motion for Jurisdictional Discovery (Pilgrim, Gwen) |
Filing 50 RESPONSE filed by Astro Seal Inc re #47 Plaintiff's MOTION for Jurisdictional Discovery on Defendant Astro Seal's Motion to Dismiss. (Pilgrim, Gwen) Modified on 9/12/2008 (axm). |
Filing 49 REPLY to Plaintiffs' Response re: #41 MOTION to Dismiss for Lack of Jurisdiction filed by Astro Seal Inc. (Pilgrim, Gwen) |
Filing 48 Application and Order for Admission Pro Hac Vice by Kara J Rosenthal for Advanced Bionics Corporation. (see order) (Signed by Judge Barbara M. G. Lynn on 09/03/08) (lmp) |
Filing 47 Plaintiffs' Motion for Jurisdictional Discovery on Defendant Astro Seal's Motion to Dismiss filed by Scott Purcel, Pamela Purcel with Brief/Memorandum in Support. (Attachments: #1 Text of Proposed Order Granting Plaintiffs' Motion for Jurisdictional Discovery) (Geisler, Laura) Modified on 8/22/2008 (tln). |
Filing 46 RESPONSE in Opposition filed by Scott Purcel, Pamela Purcel re #42 Brief/Memorandum in Support of Motion, #41 MOTION to Dismiss for Lack of Jurisdiction (Attachments: #1 Appendix of exhibits in support of Plaintiffs Response to Defendant Astro Seals Motion to Dismiss for Lack of Personal Jurisdiction and Brief in Support, #2 Exhibit Exhibits to Plaintiffs' Response to Defendant Astro Seal's Motion to Dismiss, #3 Text of Proposed Order Denying Defendant Astro Seal's Motion to Dismiss) (Geisler, Laura) |
Filing 45 Memorandum Opinion and Order denying #11 Motion for Judgment on the Pleadings filed by Advanced Bionics Corporation. (see order) (Signed by Judge Barbara M. G. Lynn on 08/13/08) (lmp) |
Filing 44 Joint STIPULATION Enlarging Time Within Which Parties File Expert Designation and Object to Expert Designation by Advanced Bionics Corporation, Scott Purcel, Astro Seal Inc., Pamela Purcel. (Geisler, Laura) Modified on 8/12/2008 (tln). |
Filing 43 Appendix in Support filed by Astro Seal Inc. re #41 MOTION to Dismiss for Lack of Jurisdiction (Pilgrim, Gwen) |
Filing 42 Brief/Memorandum in Support filed by Astro Seal Inc. re #41 MOTION to Dismiss for Lack of Jurisdiction (Pilgrim, Gwen) |
Filing 41 MOTION to Dismiss for Lack of Jurisdiction filed by Astro Seal Inc. (Pilgrim, Gwen) |
Filing 40 NOTICE of Attorney Appearance by Michael L O'Donnell on behalf of Advanced Bionics Corporation. (O'Donnell, Michael) |
Filing 39 NOTICE of Attorney Appearance by Craig R May on behalf of Advanced Bionics Corporation. (May, Craig) |
Filing 38 Plaintiffs' REPLY to Defendant Advance Bionics Corporation's Response in Opposition to Plaintiffs' re: #31 MOTION To Modify the Confidentiality Protective Order filed by Scott Purcel, Pamela Purcel (Geisler, Laura) Modified on 7/15/2008 (tln). |
Filing 37 Application and Order for Admission Pro Hac Vice by Craig R May for Advanced Bionics Corporation. (Signed by Judge Barbara M. G. Lynn on 7/3/08) (klm) |
Filing 36 Application and Order for Admission Pro Hac Vice by Michael L O'Donnell for Advanced Bionics Corporation. (Signed by Judge Barbara M. G. Lynn on 7/3/08) (klm) |
Filing 35 RESPONSE in Opposition filed by Advanced Bionics Corporation re Motions Referred, #31 MOTION To Modify the Confidentiality Protective Order (Attachments: #1 Exhibit "A", #2 Exhibit "B") (Malynn, Todd) |
Filing 34 STIPULATION to Enlarge Time within which to File Amended Pleadings re #10 Scheduling Order, by Advanced Bionics Corporation. (Malynn, Todd) Modified on 6/27/2008 (skt). |
MOTIONS REFERRED: #31 MOTION To Modify the Confidentiality Protective Order Motion(s) referred to Magistrate Judge Paul D Stickney. (svc) |
Filing 33 ORDER: Plaintiffs' #31 Motion to Modify the Protective Order is REFERRED to Magistrate Judge Paul D. Stickney [see Order for specifics]. (Signed by Judge Barbara M. G. Lynn on 6/25/2008) (caw) |
***Disregard***MOTION REFERRED: #31 MOTION To Modify the Confidentiality Protective Order Motion referred to Paul D Stickney. (caw) Modified on 9/3/2008 (svc). |
Filing 32 Joint STIPULATION Enlarging Time Within Which Parties File Expert Designation and Object to Expert Designation by Advanced Bionics Corporation, Scott Purcel, Pamela Purcel. (Geisler, Laura) Modified on 6/16/2008 (axm). |
Filing 31 MOTION To Modify the Confidentiality Protective Order filed by Scott Purcel, Pamela Purcel with Brief/Memorandum in Support. (Attachments: #1 Exhibit A Cover Sheet to Plaintiff's' Motion to Modify Confidentiality Protective Order and Brief in Support Thereof, #2 Exhibit A to Plaintiffs's Motion to Modify Confidentiality Protective Order and Brief in Support Thereof, #3 Text of Proposed Order Proposed Order on Plaintiffs' Motion to Modify Confidentiality Protective Order and Brief in Support Thereof) (Geisler, Laura) |
Filing 30 WAIVER OF SERVICE Returned Executed as to Astro Seal Inc.. Waiver sent on 6/2/2008. (Geisler, Laura) Modified on 6/10/2008 (tln). |
Filing 29 ANSWER to #23 Amended Complaint, with Jury Demand filed by Advanced Bionics Corporation (Malynn, Todd) |
Filing 28 Response To Sur- REPLY re: #11 MOTION for Judgment on the Pleadings filed by Advanced Bionics Corporation (Attachments: #1 Exhibit "A") (Malynn, Todd) |
Filing 27 Sur-reply filed by Scott Purcel, Pamela Purcel re #11 MOTION for Judgment on the Pleadings (Geisler, Laura) |
Filing 26 ORDER granting #25 Plaintiffs' Unopposed Motion Requesting Leave to File Surreply. Surreplies due by 5/9/2008. (Signed by Judge Barbara M. G. Lynn on 5/7/08) (tln) |
Filing 25 Unopposed MOTION for Leave to File a Surreply to Defendants Reply Memorandum in Support of Motion for Judgment on the Pleadings filed by Scott Purcel, Pamela Purcel with Brief/Memorandum in Support. (Attachments: #1 Exhibit A Cover Sheet, #2 Exhibit A to Plaintiffs Unopposed Motion Requesting Leave to File Surreply to Defendants Reply Memorandum in Support of Motion for Judgment on the Pleadings) (Geisler, Laura) |
Filing 24 STIPULATION by Advanced Bionics Corporation, Scott Purcel, Pamela Purcel to Permit Further Briefing and to enlarge time within which to respond to Plaintiffs Second Amended Complaint. (Geisler, Laura) |
Filing 23 AMENDED COMPLAINT WITH JURY DEMAND against Astro Seal Inc., Advanced Bionics Corporation filed by Scott Purcel, Pamela Purcel. (Attachments: #1 Exhibit A Cover Page to Plaintiffs' Second Amended Complaint, #2 Exhibit A to Plaintiffs' Second Amended Complaint, #3 Exhibit B Cover Page to Plaintiffs' Second Amended Complaint, #4 Exhibit B to Plaintiffs' Second Amended Complaint) (Geisler, Laura) |
Filing 22 ORDER granting #20 Plaintiffs' Motion and Memorandum of Law Requesting Joinder of Additional Parties. Plaintiffs may file their Second Amended Complaint naming Astro Seal, Inc. as a defendant by May 5, 2008. (Signed by Judge Barbara M. G. Lynn on 4/30/08) (skt) |
Filing 21 REPLY filed by Advanced Bionics Corporation re #11 MOTION for Judgment on the Pleadings (Malynn, Todd) |
Filing 20 MOTION to Join Astro Seal Inc. by Scott Purcel, Pamela Purcel with Brief/Memorandum in Support. (Attachments: #1 Exhibit A to Plaintiffs' Motion and Memorandum of Law Requesting Joinder of Additional Parties, #2 Exhibit A Cover Sheet to Plaintiffs' Second Amended Complaint, #3 Exhibit A to Plaintiffs' Second Amended Complaint, #4 Exhibit B Cover Sheet to Plaintiffs' Second Amended Complaint, #5 Exhibit B to Plaintiffs' Second Amended Complaint) (Geisler, Laura) |
Filing 19 STIPULATION re #17 Amended Complaint, #16 Order, by Advanced Bionics Corporation Stipulation to Enlarge Time Within Which to File Responsive Pleading. (Malynn, Todd) |
Filing 18 ADDITIONAL ATTACHMENTS to #17 Amended Complaint by Plaintiffs Scott Purcel, Pamela Purcel. (Attachments: #1 Exhibit A to Plaintiffs' First Amended Complaint, #2 Exhibit Cover Page to Exhibit B, #3 Exhibit B to Plaintiffs' First Amended Complaint) (Geisler, Laura) |
Filing 17 AMENDED COMPLAINT WITH JURY DEMAND against Advanced Bionics Corporation filed by Scott Purcel, Pamela Purcel. (Geisler, Laura) Remote electronic access to this document has been restricted per chambers, pursuant to FRCVP 5.2(e)(2)/FRCrP 49.1(e)(2). The document is available for inspection at the clerk's office. Modified on 4/22/2008 (npk). |
Filing 16 ORDER: Plaintiffs may file their First Amended Complaint by April 21, 2008. (See Order for specifics) (Signed by Judge Barbara M. G. Lynn on 4/17/08) (skt) Remote electronic access to this document has been restricted per chambers, pursuant to FRCVP 5.2(e)(2)/FRCrP 49.1(e)(2). The document is available for inspection at the clerk's office. Modified on 4/22/2008 (npk). |
Filing 15 RESPONSE filed by Scott Purcel, Pamela Purcel to Defendant's Objection to Plaintiffs' Certificate of Conference and Request that Plaintiffs' #13 Motion for Leave to File First Amended Complaint be Disregarded (Geisler, Laura) Modified on 4/17/2008 (skt). |
Filing 14 Objections by Advanced Bionics Corporation to Plaintiffs' Certificate of Conference and Request that #13 Plaintiffs' Motion for Leave to File First Amended Complaint be Disregarded. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Malynn, Todd) Modified on 4/16/2008 (skt). |
Filing 13 MOTION for Leave to File First Amended Complaint by Scott Purcel, Pamela Purcel (Attachments: #1 Exhibit A - Plaintiffs' First Amended Complaint, #2 Exhibit Cover Page to Exhibit A of Plaintiffs' First Amended Complaint, #3 Exhibit Exhibit A to Plaintiffs' First Amended Complaint, #4 Exhibit Cover Page to Exhibit B of Plaintiffs' First Amended Complaint, #5 Exhibit Exhibit B to Plaintiffs' First Amended Complaint, #6 Text of Proposed Order Proposed Order) (Geisler, Laura) |
Filing 12 Memorandum in RESPONSE filed by Scott Purcel and Pamela Purcel re #11 MOTION for Judgment on the Pleadings (Attachments: #1 Appendix of Exhibits in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit Cover Page, #5 Exhibit C, #6 Exhibit Cover Page, #7 Exhibit D, #8 Text of Proposed Order Proposed Order) (Geisler, Laura) Modified on 4/15/2008 (jyg). |
Filing 11 MOTION for Judgment on the Pleadings by Advanced Bionics Corporation with Brief/Memorandum in Support. (Attachments: #1 Appendix, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Text of Proposed Order) (Stradley, Mark) |
Filing 10 SCHEDULING ORDER: Joinder of Parties due by 4/30/2008. Amended Pleadings due by 6/30/2008. Settlement Status Report due by 10/10/2008. Factual and Expert Discovery due by 10/31/2008. Dispositive Motions due by 11/7/2008. Pretrial Materials due by 3/23/2009. Pretrial Order due by 3/23/2009. Pretrial Conference set for 4/10/2009 10:00 AM before Judge Barbara M. G. Lynn. Jury Trial set on the Court's three week docket for 4/13/2009 09:00 AM before Judge Barbara M. G. Lynn. (see order for specifics) (Signed by Judge Barbara M. G. Lynn on 01/23/08) (lmp) |
Filing 9 ORDER for Confidentiality Protective Order Pursuant to FRCP 26(C). (See Order for specifics) (Signed by Judge Barbara M. G. Lynn on 1/8/08) (skt) |
Filing 8 STATUS REPORT by Advanced Bionics Corporation, Scott Purcel, Pamela Purcel. (Geisler, Laura) |
Filing 6 Application and Order for Admission Pro Hac Vice by Todd Malynn for Advanced Bionics Corporation. (Signed by Judge Barbara M. G. Lynn on 11/28/2007) (axm) |
Filing 7 Application and Order for Admission Pro Hac Vice by James A Gale for Advanced Bionics Corporation. (mailed order to attorney) (Signed by Judge Barbara M. G. Lynn on 11/26/2007) (tln) |
Filing 5 ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER: Proposed Scheduling Order due by 12/17/2007. See order for specifics. (Signed by Judge Barbara M. G. Lynn on 11/01/2007) (Attachments: #1 Consent Letter#2 Consent Form) (axm) |
Filing 4 Order Designating Case for ECF - see order for specifics. (svc) |
Filing 3 ANSWER to Complaint by Advanced Bionics Corporation (svc) |
Filing 2 CERTIFICATE OF INTERESTED PERSONS by Advanced Bionics Corporation. (svc) |
Filing 1 NOTICE OF REMOVAL from 134th District Court Dallas Co., TX, case number 07-11574 filed by Advanced Bionics Corporation. (Filing fee $ 350; receipt number 15965) (svc) Additional attachment(s) added on 10/23/2007 (VanCamp, Sonia). |
DEMAND for Trial by Jury by Scott Purcel, Pamela Purcel filed in state court (svc) |
***Magistrate Judge Stickney chosen by random selection to handle matters that may be referred in this case. (svc) |
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