Colvert et al v. Aziyo Biologics Incorporated et al
Plaintiff: Marilyn Colvert and Robert Colvert
Defendant: Aziyo Biologics Incorporated, Medtronic PLC, Medtronic USA Incorporated, Medtronic Incorporated, Spinalgraft Technologies LLC, Medtronic Sofamor Danek USA Incorporated, DCI Donor Services Incorporated and New Mexico Donor Services
Case Number: 2:2023cv00599
Filed: April 10, 2023
Court: US District Court for the District of Arizona
Presiding Judge: Douglas L Rayes
Nature of Suit: Personal Injury: Prod. Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Product Liability
Jury Demanded By: Both
Docket Report

This docket was last retrieved on June 8, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 8, 2023 Filing 31 NOTICE re: Notice of Filing by Marilyn Colvert, Robert Colvert . (Attachments: #1 Exhibit Notice of Serving Order Setting R16 Scheduling Conf. on Deft. New Mexico Donor)(Tucker, Kevin)
June 8, 2023 Filing 30 Corporate Disclosure Statement by DCI Donor Services Incorporated. (Rademacher, Jay)
June 7, 2023 Opinion or Order Filing 29 ORDER setting Rule 16 Scheduling Conference for 7/27/2023 at 10:30 AM before Judge Douglas L Rayes. See document for complete details. Signed by Judge Douglas L Rayes on 6/6/2023. (RMV)
June 6, 2023 Filing 28 NOTICE TO PARTY OF DEFICIENCY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to DCI Donor Services Incorporated. (MMO)
June 6, 2023 Filing 27 Corporate Disclosure Statement by Medtronic Sofamor Danek USA Incorporated, Spinalgraft Technologies LLC. (Wheeler, Travis)
June 6, 2023 Filing 26 ANSWER to #9 Amended Complaint with Jury Demand (Answer of Defendants Medtronic Sofamor Danek USA, Inc. and SpinalGraft Technologies, LLC to Plaintiffs' First Amended Complaint) by Medtronic Sofamor Danek USA Incorporated, Spinalgraft Technologies LLC.(Wheeler, Travis)
June 6, 2023 Filing 25 Corporate Disclosure Statement by Aziyo Biologics Incorporated. (Wheeler, Travis)
June 6, 2023 Filing 24 ANSWER to #9 Amended Complaint with Jury Demand (Answer of Defendant Aziyo Biologics, Inc. to Plaintiffs' First Amended Complaint) by Aziyo Biologics Incorporated.(Wheeler, Travis)
June 5, 2023 Filing 23 ANSWER to #9 Amended Complaint by DCI Donor Services Incorporated.(Rademacher, Jay)
May 30, 2023 Filing 22 SERVICE EXECUTED filed by Marilyn Colvert, Robert Colvert: Proof of Service re: Summons, 1st Amended Complaint and Order-Rule 12(b) NEW MEXICO DONOR SERVICES upon Diana Rodriguez, authorized person for Statutory Agent on May 16, 2023. (Attachments: #1 Attachment Proof of Service - Deft. New Mexico Donor Serv.)(Tucker, Kevin)
May 30, 2023 Filing 21 SERVICE EXECUTED filed by Marilyn Colvert, Robert Colvert: Proof of Service re: Summons, 1st Amended Complaint and Order-Rule 12(b) DCI DONOT SERVICES upon Cindy Mayle - Authorized on behalf of Statutory Agent on May 15, 2023. (Attachments: #1 Attachment Proof of Service - Deft. DCI Donor Serv.)(Tucker, Kevin)
May 30, 2023 Filing 20 SERVICE EXECUTED filed by Marilyn Colvert, Robert Colvert: Proof of Service re: Summons, 1st Amended Complaint and Order-Rule 12(b) MEDTRONIC SOFAMOR DANEK USA, INC. upon Lynanne Gares, Litigation Management Services Leader on May 16, 2023. (Attachments: #1 Attachment Proof of Service - Deft. Medtronic Sofamor Danek USA, Inc.)(Tucker, Kevin)
May 30, 2023 Filing 19 SERVICE EXECUTED filed by Marilyn Colvert, Robert Colvert: Proof of Service re: Summons, 1st Amended Complaint and Order-Rule 12(b) SPINALGRAFT TECHNOLOGIES upon Lynanne Gares, Litigation Management Services Leader on May 23, 2023. (Attachments: #1 Attachment Proof of Service - Deft. Spinalgraft)(Tucker, Kevin)
May 30, 2023 Filing 18 SERVICE EXECUTED filed by Marilyn Colvert, Robert Colvert: Proof of Service re: Summons, 1st Amended Complaint and Order-Rule 12(b) AZIYO BIOLOGICS, INC, upon Lynanne Gares, Litigation Management Services Leader on May 16, 2023. (Attachments: #1 Attachment Proof of Service - Deft. Aziyo Biologics, Inc.) (Tucker, Kevin) *Modified service date on 5/31/2023 (DXD).
May 22, 2023 Filing 17 Summons Issued as to Spinalgraft Technologies LLC. (BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
May 19, 2023 Filing 16 SUMMONS Submitted by Marilyn Colvert, Robert Colvert. (Tucker, Kevin)
May 3, 2023 Filing 15 Summons Issued as to DCI Donor Services Incorporated. (BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
May 2, 2023 Filing 14 SUMMONS Submitted by Marilyn Colvert, Robert Colvert. (Tucker, Kevin)
May 2, 2023 Filing 13 NOTICE TO FILER OF DEFICIENCY re: #10 Application, #11 Summons Submitted. Summons does not have Defendant's name spelled exactly how they are listed on the Amended Complaint. FOLLOW-UP ACTION REQUIRED: Please refile a corrected summons as to Defendant DCI Donor Services Incorporated spelled exactly as listed in the case using the Service of Process/ Summons Submitted category. As soon as the Court receives the corrected summons, they will be issued on the following business day. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DXD)
May 2, 2023 Filing 12 Summons Issued as to Aziyo Biologics Incorporated, Medtronic Sofamor Danek USA Incorporated, New Mexico Donor Services. (DXD). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
May 2, 2023 Filing 11 SUMMONS Submitted by Marilyn Colvert, Robert Colvert. (Attachments: #1 Summons Deft DCI Donor, #2 Summons Deft NM Donor, #3 Summons Deft Aziyo)(Tucker, Kevin)
May 1, 2023 Filing 10 APPLICATION re: All Defts Summons by Plaintiffs Marilyn Colvert, Robert Colvert. (Attachments: #1 Summons Deft Medtronic Sofamor, #2 Summons Deft Spinalgraft, #3 Summons Deft DCI Donor, #4 Summons Deft NM Donor)(Tucker, Kevin)
April 28, 2023 Filing 9 AMENDED COMPLAINT (Spinalgraft; Medtronic Sofamor; DCI & NM Donor Serv) against All Defendants filed by Marilyn Colvert, Robert Colvert. (Attachments: #1 Exhibit 7_Filed Notice of Filing)(Tucker, Kevin)
April 28, 2023 Filing 8 **Corrected at (Doc. #9 )** AMENDED COMPLAINT (Defts Spinalgraft; Medtronic Sofamor; DCI ; New Mexico) against All Plaintiffs filed by Marilyn Colvert, Robert Colvert.(Tucker, Kevin) Modified on 5/1/2023 (DXD).
April 28, 2023 Filing 7 NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Marilyn Colvert, Robert Colvert . (Attachments: #1 Attachment First Amended Complaint)(Tucker, Kevin)
April 21, 2023 Remark: Pro hac vice motion(s) granted for Joseph H Saunders on behalf of Plaintiffs Marilyn Colvert, Robert Colvert. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
April 12, 2023 Opinion or Order Filing 6 ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service. See attached Order for complete details. Signed by Judge Douglas L Rayes on 4/11/2023. (RMV)
April 10, 2023 Filing 5 NOTICE TO FILER OF DEFICIENCY re: #1 Complaint filed by Marilyn Colvert, Robert Colvert. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ARC)
April 10, 2023 Filing 4 Summons Issued as to Aziyo Biologics Incorporated, Medtronic Incorporated, Medtronic PLC, Medtronic USA Incorporated. (Attachments: #1 Summons, #2 Summons, #3 Summons)(ARC). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
April 10, 2023 Filing 3 Filing fee paid, receipt number AAZDC-21791836. This case has been assigned to the Honorable Douglas L Rayes. All future pleadings or documents should bear the correct case number: CV-23-599-PHX-DLR. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (ARC)
April 10, 2023 Filing 2 SUMMONS Submitted by Marilyn Colvert, Robert Colvert. (Tucker, Kevin) (Attachments: #1 Summons, #2 Summons, #3 Summons)(ARC)
April 10, 2023 Filing 1 COMPLAINT. Filing fee received: $ 402.00, receipt number AAZDC-21791836 filed by Marilyn Colvert, Robert Colvert. (Tucker, Kevin) (Attachments: #1 Civil Cover Sheet)(ARC)

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Search for this case: Colvert et al v. Aziyo Biologics Incorporated et al
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Plaintiff: Marilyn Colvert
Represented By: Kevin J Tucker
Represented By: Joseph H Saunders
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Plaintiff: Robert Colvert
Represented By: Kevin J Tucker
Represented By: Joseph H Saunders
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Defendant: Aziyo Biologics Incorporated
Represented By: Travis Monroe Wheeler
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Defendant: Medtronic PLC
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Defendant: Medtronic USA Incorporated
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Defendant: Medtronic Incorporated
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Defendant: Spinalgraft Technologies LLC
Represented By: Travis Monroe Wheeler
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Defendant: Medtronic Sofamor Danek USA Incorporated
Represented By: Travis Monroe Wheeler
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Defendant: DCI Donor Services Incorporated
Represented By: Jay Robert Rademacher
Represented By: Kevin Charles Nicholas
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Defendant: New Mexico Donor Services
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