Applied Medical Resources Corporation v. Medtronic, Inc.
| Applied Medical Resources Corporation |
| Medtronic, Inc. |
| Federal Trade Commission |
| 8:2023cv00268 |
| February 14, 2023 |
| US District Court for the Central District of California |
| Cormac J Carney |
| Wesley L Hsu |
| Douglas F McCormick |
| Anti-Trust |
| 15 U.S.C. § 0001 Antitrust Litigation |
| Both |
Docket Report
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This docket was last retrieved on October 17, 2023. A more recent docket listing may be available from PACER.
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Filing 55
STANDING ORDER FOR MOTIONS FOR SUMMARY JUDGMENT by Judge Wesley L. Hsu. READ THIS ORDER CAREFULLY. IT CONTROLS THIS CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (lom)
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Filing 54
STIPULATED PROTECTIVE ORDER by Magistrate Judge Douglas F. McCormick re Notice (Other) #51 . (See Order for details). (et)
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Filing 53
ESI STIPULATION AND ORDER by Magistrate Judge Douglas F. McCormick, re Notice (Other) #52 . (See document for details). (et)
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| Filing 52 Notice of Lodging ESI Stipulation and [Proposed] Order filed by Plaintiff Applied Medical Resources Corporation. (Attachments: #1 Proposed Order)(Powell, Adam) |
| Filing 51 Notice of Lodging Stipulated [Proposed] Protective Order filed by Plaintiff Applied Medical Resources Corporation. (Attachments: #1 Proposed Order)(Powell, Adam) |
| Filing 50 AMENDED ANSWER to Complaint (Attorney Civil Case Opening) #1 filed by Defendant Medtronic, Inc.. (Brannon, Leah) |
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Filing 49
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE #45 by Judge Wesley L. Hsu. APPLICATION to Appear Pro Hac Vice on behalf of Defendant Medtronic, Inc., designating Richard R. Tabura as local counsel. Granting #45 Non-Resident Attorney Carl Lawrence Malm (rolm)
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| Filing 48 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Carl Lawrence Malm to Appear Pro Hac Vice on behalf of Defendant Medtronic, Inc. (Pro Hac Vice Fee - $500 Previously Paid on 8/28/2023, Receipt No. 35939834) #45 . The following error(s) was/were found: Proposed Order has not been flattened and is causing a corruption with the filing. (lt) |
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Filing 47
CIVIL PRETRIAL SCHEDULE AND TRIAL ORDER by Judge Wesley L. Hsu. The Scheduling Conference scheduled for August 25, 2023 has been VACATED. The pretrial schedule governing this case is set forth in the far right column labeled "Court Order" located on the parties' Schedule of Pretrial and Trial Dates Worksheet, which accompanies this Order. If the parties wish to set additional or alternative dates, they must file a stipulation and proposed order setting forth the dates requested and demonstrating good cause. Please refer to the Court's Standing Order for Newly Assigned Civil Cases for requirements for specific motions, discovery, certain types of filings, courtesy copies, emailing signature items to chambers, settlement, and other matters pertaining to all civil cases. Schedule of Pretrial and Trial Dates Worksheet: Final Pretrial Conference set for 8/2/2024 03:00 PM; jury Trial set for 8/20/2024 09:00 AM. See order for additional deadlines and information. (lom)
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Filing 46
ORDER/REFERRAL to ADR Procedure No 3 by Judge Wesley L. Hsu. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than 06/28/2024. (hc)
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| Filing 45 APPLICATION of Non-Resident Attorney Carl Lawrence Malm to Appear Pro Hac Vice on behalf of Defendant Medtronic, Inc. (Pro Hac Vice Fee - $500 Previously Paid on 8/28/2023, Receipt No. 35939834) filed by defendant Medtronic, Inc.. (Attachments: #1 Proposed Order) (Tabura, Richard) |
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Filing 44
SCHEDULING NOTICE AND (IN CHAMBERS) ORDER VACATING SCHEDULING CONFERENCE by Judge Wesley L. Hsu: The Court has reviewed the Joint Rule 26(f) Report submitted by the parties and determines that an in-person scheduling conference is unnecessary. Accordingly, the Court VACATES the 8/25/2023, Scheduling Conference. No appearance by counsel is necessary. A separate order will issue setting the deadlines and dates for this case. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (hc) TEXT ONLY ENTRY
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| Filing 43 NOTICE OF FILING TRANSCRIPT filed for proceedings 7/21/23 10:37 am re Transcript #42 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Thibodeaux, Elizabeth) TEXT ONLY ENTRY |
| Filing 42 TRANSCRIPT for proceedings held on 7/21/23 10:37 am. Court Reporter/Electronic Court Recorder: Katie Thibodeaux, CSR, RPR, CRR, phone number ktbdx@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/11/2023. Redacted Transcript Deadline set for 9/21/2023. Release of Transcript Restriction set for 11/20/2023. (Thibodeaux, Elizabeth) |
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Filing 41
ORDER by Judge Wesley L. Hsu: granting #39 Non-Resident Attorney Rathna Janani Ramamurthi APPLICATION to Appear Pro Hac Vice on behalf of Medtronic, Inc., designating Richard R. Tabura as local counsel. (lom)
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| Filing 40 ANSWER to Complaint (Attorney Civil Case Opening) #1 with JURY DEMAND filed by Defendant Medtronic, Inc..(Brannon, Leah) |
| Filing 39 APPLICATION of Non-Resident Attorney Rathna Janani Ramamurthi to Appear Pro Hac Vice on behalf of Defendant Medtronic, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35856631) filed by Defendant Medtronic, Inc.. (Attachments: #1 Proposed Order) (Tabura, Richard) |
| Filing 38 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 10-15 days, filed by Plaintiff Applied Medical Resources Corporation.. (Attachments: #1 Exhibit A - Parents and subsidiaries of Applied Medical, #2 Exhibit B - Subsidiaries of Medtronic, #3 Exhibit C - Scheduling Worksheet)(Powell, Adam) |
| Filing 37 INITIAL STANDING ORDER FOR CASES ASSIGNED TO JUDGE WESLEY L. HSU. (hc) |
| Filing 36 TRANSCRIPT ORDER as to Non-party Requestor for Court Reporter. Court will contact Pamela Walter at pwalter@jonesday.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (ls) |
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Filing 35
ORDER RE DEFENDANT'S MOTION TO DISMISS [19-1] by Judge Wesley L. Hsu. While the Court is cognizant that "proceeding to antitrust discovery can be expensive," Twombly, 550 U.S. at 546, it cannot dismiss a complaint that adequately states a plausible claim for relief. The Court finds that Applied's Complaint does so. For the foregoing reasons, Medtronic's Motion to Dismiss is DENIED #19 . (lom)
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| Filing 34 TRANSCRIPT ORDER as to Defendant Medtronic, Inc. for Court Reporter. Court will contact John Mucciolo at jmucciolo@cgsh.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Freedman, Alan) |
| Filing 33 MINUTES OF DEFENDANTS' MOTION TO DISMISS #19 held before Judge Wesley L. Hsu. The Court's Tentative Ruling was issued on July 20, 2023, and reviewed by counsel. The Court heard oral argument. The Court took the request UNDER SUBMISSION and a ruling will be issued. Court Reporter: Katie Thibodeaux. (lom) |
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Filing 32
SCHEDULING NOTICE AND (IN CHAMBERS) ORDER ADVANCING DEFENDANT'S MOTION to DISMISS CASE (DKT. #19 ) by Judge Wesley L. Hsu: The Court, on its own motion, advances the Motion to July 21, 2023 at 10:45 a.m. The hearing will proceed in-person at the First Street Courthouse, Courtroom 9B. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (hc) TEXT ONLY ENTRY
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Filing 31
ORDER GRANTING FEDERAL TRADE COMMISSION'S MOTION FOR LEAVE TO FILE BRIEF AS AMICUS CURIAE #27 by Judge Wesley L. Hsu. The Court, having considered the Federal Trade Commission's motion, hereby GRANTS the motion. To address Medtronic's concern that the FTCs brief was filed too late for Medtronic to fully respond, the Court grants Medtronic leave to file a ten-page response, with the option of continuing the hearing on its Motion to Dismiss. If Medtronic wishes to pursue this option, it must notify the Courtroom Deputy by email at WLH_Chambers@cacd.uscourts.gov within 24 hours of the issuance of this Order. (lom)
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| Filing 30 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to File Amicus Brief #27 filed by Defendant Medtronic, Inc.. (Attachments: #1 Proposed Order)(Brannon, Leah) |
| Filing 29 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Notice of Appearance #26 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance or Withdrawal of Counsel G123.. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ak) |
| Filing 28 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Case #19 filed by Defendant Medtronic, Inc.. (Brannon, Leah) |
| Filing 27 NOTICE OF MOTION AND MOTION to File Amicus Brief filed by Amicus Federal Trade Commission. Motion set for hearing on 8/4/2023 at 01:00 PM before Judge Wesley L. Hsu. (Attachments: #1 Exhibit, #2 Proposed Order) (Leefer, Nicholas) |
| Filing 26 First NOTICE of Appearance filed by attorney Nicholas Aaron Leefer on behalf of Amicus Federal Trade Commission (Attorney Nicholas Aaron Leefer added to party Federal Trade Commission(pty:am))(Leefer, Nicholas) |
| Filing 25 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case #19 filed by Plaintiff Applied Medical Resources Corporation. (Larson, Stephen) |
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Filing 24
SCHEDULING NOTICE AND (IN CHAMBERS) ORDER REGARDING TRANSFER OF CASE TO JUDGE WESLEY L. HSU by Judge Wesley L. Hsu: Please take notice that this action has been reassigned to the Honorable Wesley L. Hsu, United States District Judge, pursuant to the Order Re Transfer Pursuant to General Order 23-039 filed on 5/19/23. Judge Hsu hears civil motions on Friday at 1:00 p.m. Therefore, the Court hereby resets the hearing on Defendant's Motion to Dismiss Case #19 from July 17, 2023 to July 21, 2023 at 1:00 p.m. The hearing will proceed in-person at the First Street Courthouse, Courtroom 9B. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (hc) TEXT ONLY ENTRY
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Filing 23
ORDER by Judge Wesley L. Hsu: granting #15 Non-Resident Attorney Alan Benjamin Freedman APPLICATION to Appear Pro Hac Vice on behalf of Medtronic Inc, designating Richard Tabura as local counsel. (lom)
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Filing 22
SCHEDULING NOTICE AND (IN CHAMBERS) ORDER by Judge Wesley L. Hsu: The parties are ordered to file their Joint 26(f) Report and include a completed Schedule of Pretrial and Trial Dates Worksheet, available on the Judge's Procedures and Schedules webpage. Counsel shall file the joint report no later than August 14, 2023, to include the complete Schedule. The parties are also directed to review the Standing Order Setting Schedule Conference on the Judge's Procedures and Schedules webpage for instructions on filing and submitting the Joint 26(f) Report and Schedule of Pretrial and Trial Dates Worksheet. A Scheduling Conference is set for Friday August 25, 2023 at 01:00 PM. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (hc) TEXT ONLY ENTRY
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Filing 21
ORDER OF THE CHIEF JUDGE (#23-039) approved by Judge Philip S. Gutierrez. Pursuant to the recommended procedure adopted by the Court for the CREATION OF CALENDAR of Judge Wesley L. Hsu, this case is transferred from Judge Cormac J. Carney to the calendar of Judge Wesley L. Hsu for all further proceedings. The case number will now reflect the initials of the transferee Judge 8:23-cv-00268 WLH(DFMx). (rn)
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| Filing 20 NOTICE OF INTENT by Judge Cormac J. Carney. Scheduling order to be issued on August 17, 2023. (rrp) |
| Filing 19 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Medtronic, Inc.. Motion set for hearing on 7/17/2023 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Memorandum of Points and Authorities in Support, #2 Proposed Order) (Brannon, Leah) |
| Filing 18 CERTIFICATE of Interested Parties filed by Defendant Medtronic, Inc., identifying Medtronic plc. (Brannon, Leah) |
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Filing 17
ORDER by Judge Cormac J. Carney: Granting #14 Non-Resident Attorney Leah O. Brannon APPLICATION to Appear Pro Hac Vice on behalf of Medtronic, Inc, et al, designating Richard Tabura as local counsel. (twdb)
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| Filing 16 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Alan Benjamin Freedman to Appear Pro Hac Vice on behalf of Defendant Medtronic, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35130210) #15 . The following error(s) was/were found: GSC for Leah Brannon attached to Alan Freedman's phv application. (lt) |
| Filing 15 APPLICATION of Non-Resident Attorney Alan Benjamin Freedman to Appear Pro Hac Vice on behalf of Defendant Medtronic, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35130210) filed by Defendant Medtronic, Inc.. (Attachments: #1 Proposed Order) (Tabura, Richard) |
| Filing 14 APPLICATION of Non-Resident Attorney Leah O. Brannon to Appear Pro Hac Vice on behalf of Defendant Medtronic, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35130104) filed by Defendant Medtronic, Inc.. (Attachments: #1 Proposed Order) (Tabura, Richard) |
| Filing 13 Notice of Appearance or Withdrawal of Counsel: for attorney George Stephen Cary counsel for Defendant Medtronic, Inc.. Adding George S. Cary as counsel of record for Medtronic, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Medtronic, Inc.. (Attorney George Stephen Cary added to party Medtronic, Inc.(pty:dft))(Cary, George) |
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Filing 12
ORDER Granting Stipulation to 1) Extend Time to Respond to Initial Complaint By Not More Than 30 Days (L.R. 8-3) and 2) Extend Responsive Pleading Deadline an Additional 15 Days, by Judge Cormac J. Carney. (More than 30 days), #10 . Defendants Medtronic, Inc. answer due 4/24/2023. (twdb)
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| Filing 11 Notice of Appearance or Withdrawal of Counsel: for attorney Robert J. Herrington counsel for Defendant Medtronic, Inc.. Adding Robert J. Herrington as counsel of record for Defendant Medtronic, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Medtronic, Inc.. (Attorney Robert J. Herrington added to party Medtronic, Inc.(pty:dft))(Herrington, Robert) |
| Filing 10 STIPULATION for Extension of Time to File Answer to 04/24/2023 re Complaint (Attorney Civil Case Opening) #1 filed by Defendant Medtronic, Inc.. (Attachments: #1 Proposed Order Re Stipulation to (1) Extend Time to Respond to Initial Complaint by Not More Than 30 Days (L.R. 8-3) and (2) Extend Responsive Pleading Deadline an Additional 15 Days)(Attorney Richard R. Tabura added to party Medtronic, Inc.(pty:dft))(Tabura, Richard) |
| Filing 9 PROOF OF SERVICE Executed by Plaintiff Applied Medical Resources Corporation, upon Defendant Medtronic, Inc. served on 2/16/2023, answer due 3/9/2023. Service of the Summons and Complaint were executed upon Nicole Stauss, CSC Lawyers Incorporating Services - Registered Agent in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Larson, Stephen) |
| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Medtronic, Inc.. (sh) |
| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (sh) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (sh) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Cormac J. Carney and Magistrate Judge Douglas F. McCormick. (sh) |
| Filing 4 CERTIFICATE of Interested Parties filed by Plaintiff Applied Medical Resources Corporation, (Larson, Stephen) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Applied Medical Resources Corporation. (Larson, Stephen) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Applied Medical Resources Corporation. (Larson, Stephen) |
| Filing 1 COMPLAINT Receipt No: ACACDC-34794383 - Fee: $402, filed by Plaintiff Applied Medical Resources Corporation. (Attorney Stephen W Larson added to party Applied Medical Resources Corporation(pty:pla))(Larson, Stephen) |
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