Medical Device Business Services, Inc.,et al v. Stryker Corporation
| MEDICAL DEVICE BUSINESS SERVICES, INC., an Indiana corporation, KAREL GLESS and Medical Device Business Services, Inc. |
| STRYKER CORPORATION, a Michigan corporation and Stryker Corporation |
| 3:2018cv04459 |
| July 23, 2018 |
| US District Court for the Northern District of California |
| San Francisco Office |
| XX US, Outside State |
| Vince Chhabria |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Declaratory Judgement |
| None |
Docket Report
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This docket was last retrieved on October 10, 2018. A more recent docket listing may be available from PACER.
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| Filing 65 Transcript of Proceedings of the official sound recording held on 10/04/18, before Judge Vince Chhabria. FTR/Transcriber Echo Reporting, Inc., telephone number (858) 453-7590. Tape Number: FTR 11:32 - 12:17. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #63 Transcript Order ) Redaction Request due 10/31/2018. Redacted Transcript Deadline set for 11/13/2018. Release of Transcript Restriction set for 1/8/2019. (Related documents(s) #63 ) (tgb, COURT STAFF) (Filed on 10/10/2018) |
| Filing 64 TRANSCRIPT ORDER for proceedings held on 10/04/2018 before Judge Vince Chhabria by Stryker Corporation, for Court Reporter FTR - San Francisco. (Milligan, Robert) (Filed on 10/9/2018) |
| Filing 63 TRANSCRIPT ORDER for proceedings held on 10/04/18 before Judge Vince Chhabria by Medical Device Business Services, Inc., for Court Reporter FTR - San Francisco. (Rosenfeld, Jeffrey) (Filed on 10/8/2018) |
| Filing 62 Minute Entry for proceedings held before Judge Vince Chhabria: Motion Hearing held on 10/4/2018 re #23 MOTION to Dismiss or, in the Alternative, to Transfer, or to Stay filed by Stryker Corporation. FTR Time: 11:32 AM - 12:17 PM. (wsn, COURT STAFF) (Date Filed: 10/4/2018) Modified on 10/9/2018: Matter transcribed by Tara Bauer (ECHO Reporting). (rjdS, COURT STAFF). |
| Filing 61 Request for Judicial Notice re #23 MOTION to Dismiss or, in the Alternative, to Transfer, or to Stay (Second Supplemental RJN) filed byStryker Corporation. (Attachments: #1 Exhibit A)(Related document(s) #23 ) (Salinas, Daniel) (Filed on 10/3/2018) |
| Filing 60 Declaration of D. Joshua Salinas in Support of #23 MOTION to Dismiss or, in the Alternative, to Transfer, or to Stay (Second Supplemental Declaration) filed byStryker Corporation. (Related document(s) #23 ) (Salinas, Daniel) (Filed on 10/3/2018) |
Filing 59
Order by Judge Vince Chhabria granting #58 Motion for Pro Hac Vice - Haller.(knm, COURT STAFF) (Filed on 10/3/2018)
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| Filing 58 MOTION for leave to appear in Pro Hac Vice of Anthony Haller for Medical Device Business Services, Inc. ( Filing fee $ 310, receipt number 0971-12731300.) filed by Medical Device Business Services, Inc.. (Attachments: #1 Exhibit A - Certificate of Good Standing)(Haller, Anthony) (Filed on 10/3/2018) |
| Filing 57 Request for Judicial Notice IN OPPOSITION OF DEFENDANTS MOTION TO DISMISS OR, IN THE ALTERNATIVE, TO TRANSFER, OR TO STAY filed byMedical Device Business Services, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Buziak, Leigh Ann) (Filed on 10/2/2018) |
| Filing 56 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Parties and Counsel (Rosenfeld, Jeffrey) (Filed on 9/28/2018) |
| Filing 55 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Parties and Counsel (Rosenfeld, Jeffrey) (Filed on 9/28/2018) |
| Filing 54 Request for Judicial Notice re #23 MOTION to Dismiss or, in the Alternative, to Transfer, or to Stay filed byStryker Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B)(Related document(s) #23 ) (Salinas, Daniel) (Filed on 9/26/2018) |
| Filing 53 Declaration of D. Joshua Salinas in Support of #23 MOTION to Dismiss or, in the Alternative, to Transfer, or to Stay filed byStryker Corporation. (Related document(s) #23 ) (Salinas, Daniel) (Filed on 9/26/2018) |
| Filing 52 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Milligan, Robert) (Filed on 9/11/2018) |
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Filing 51
ORDER AS MODIFIED CONTINUING HEARING RE #23 MOTION to Dismiss or, in the Alternative, to Transfer, or to Stay. Motion Hearing set for 10/4/2018 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Case Management Statement due by 10/9/2018. Initial Case Management Conference set for 10/16/2018 01:30 PM in San Francisco, Courtroom 04, 17th Floor. Signed by Judge Vince Chhabria on 9/10/2018. (knm, COURT STAFF) (Filed on 9/10/2018)
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| Filing 50 STIPULATION CONTINUE THE HEARING ON DEFENDANTS MOTION TO DISMISS OR, IN THE ALTERNATIVE, TO TRANSFER OR TO STAY filed by Karel Gless, Medical Device Business Services, Inc.. (Attachments: #1 Proposed Order Proposed Order)(Rosenfeld, Jeffrey) (Filed on 9/6/2018) |
| Filing 49 REPLY (re #23 MOTION to Dismiss or, in the Alternative, to Transfer, or to Stay ) filed byStryker Corporation. (Milligan, Robert) (Filed on 9/5/2018) |
| Filing 48 CLERK'S NOTICE RESCHEDULING THE INITIAL CASE MANAGEMENT CONFERENCE FROM 9/4/2018 TO 10/2/2018. The case management conference is rescheduled to a date after the hearing on the Motion to Dismiss. Updated Joint Case Management Statement due by 9/25/2018. Initial Case Management Conference set for 10/2/2018 01:30 PM in San Francisco, Courtroom 04, 17th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Filed on 8/30/2018) |
| Filing 47 CERTIFICATE OF SERVICE by Karel Gless, Medical Device Business Services, Inc. re #45 Opposition/Response to Motion, #46 Declaration in Opposition, (Rosenfeld, Jeffrey) (Filed on 8/29/2018) |
| Filing 46 DECLARATION of Leigh Ann Buziak in Opposition to #45 Opposition/Response to Motion, filed byKarel Gless, Medical Device Business Services, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Related document(s) #45 ) (Rosenfeld, Jeffrey) (Filed on 8/29/2018) |
| Filing 45 OPPOSITION/RESPONSE (re #23 MOTION to Dismiss or, in the Alternative, to Transfer, or to Stay ) filed byKarel Gless, Medical Device Business Services, Inc.. (Attachments: #1 Exhibit Exhibit 1, #2 Proposed Order Proposed Order)(Rosenfeld, Jeffrey) (Filed on 8/29/2018) |
| Filing 44 MOTION to Appear by Telephone filed by Medical Device Business Services, Inc.. (Rosenfeld, Jeffrey) (Filed on 8/28/2018) |
| Filing 43 JOINT CASE MANAGEMENT STATEMENT filed by Medical Device Business Services, Inc.. (Rosenfeld, Jeffrey) (Filed on 8/28/2018) |
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Filing 42
Order by Judge Vince Chhabria granting #36 Motion for Pro Hac Vice - Beyer.(knm, COURT STAFF) (Filed on 8/23/2018)
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Filing 41
Order by Judge Vince Chhabria granting #35 Motion for Pro Hac Vice - Wexler.(knm, COURT STAFF) (Filed on 8/23/2018)
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Filing 40
Order by Judge Vince Chhabria granting #12 Motion for Pro Hac Vice - Buziak.(knm, COURT STAFF) (Filed on 8/23/2018)
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Filing 39
ORDER DENYING MOTION FOR PARTIAL SUMMARY JUDGMENT. (knm, COURT STAFF) (Filed on 8/23/2018)
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| Filing 38 ADR Clerk's Notice re: Non-Compliance with Court Order (ewh, COURT STAFF) (Filed on 8/22/2018) |
| Filing 37 OPPOSITION/RESPONSE (re #30 ADMINISTRATIVE MOTION to stay or continue Plaintiffs' motion for partial summary judgment re #17 MOTION for Summary Judgment ) filed byKarel Gless, Medical Device Business Services, Inc.. (Attachments: #1 Proposed Order)(Rosenfeld, Jeffrey) (Filed on 8/20/2018) |
| Filing 36 MOTION for leave to appear in Pro Hac Vice of Justin K. Beyer ( Filing fee $ 310, receipt number 0971-12610257.) filed by Stryker Corporation. (Milligan, Robert) (Filed on 8/20/2018) |
| Filing 35 MOTION for leave to appear in Pro Hac Vice of Michael D. Wexler ( Filing fee $ 310, receipt number 0971-12610248.) filed by Stryker Corporation. (Milligan, Robert) (Filed on 8/20/2018) |
| Filing 34 NOTICE of Appearance by Robert Brian Milligan (Milligan, Robert) (Filed on 8/20/2018) |
| Filing 33 Corporate Disclosure Statement by Stryker Corporation (Salinas, Daniel) (Filed on 8/15/2018) |
| Filing 32 Declaration of D. Joshua Salinas in Support of #13 MOTION for Partial Summary Judgment filed byStryker Corporation. (Related document(s) #13 ) (Salinas, Daniel) (Filed on 8/15/2018) |
| Filing 31 Declaration of Michael D. Wexler in Support of #17 MOTION for Summary Judgment filed byStryker Corporation. (Related document(s) #17 ) (Salinas, Daniel) (Filed on 8/15/2018) |
| Filing 30 ADMINISTRATIVE MOTION to stay or continue Plaintiffs' motion for partial summary judgment re #17 MOTION for Summary Judgment filed by Stryker Corporation. Responses due by 8/20/2018. (Attachments: #1 Proposed Order)(Salinas, Daniel) (Filed on 8/15/2018) |
| Filing 29 Declaration of Gene Snyder in Support of #23 MOTION to Dismiss or, in the Alternative, to Transfer, or to Stay filed byStryker Corporation. (Related document(s) #23 ) (Salinas, Daniel) (Filed on 8/15/2018) |
| Filing 28 Declaration of David Pryor in Support of #23 MOTION to Dismiss or, in the Alternative, to Transfer, or to Stay filed byStryker Corporation. (Related document(s) #23 ) (Salinas, Daniel) (Filed on 8/15/2018) |
| Filing 27 Declaration of Andrew Quesnelle in Support of #23 MOTION to Dismiss or, in the Alternative, to Transfer, or to Stay filed byStryker Corporation. (Related document(s) #23 ) (Salinas, Daniel) (Filed on 8/15/2018) |
| Filing 26 Declaration of James Hallinan in Support of #23 MOTION to Dismiss or, in the Alternative, to Transfer, or to Stay filed byStryker Corporation. (Related document(s) #23 ) (Salinas, Daniel) (Filed on 8/15/2018) |
| Filing 25 Declaration of D. Joshua Salinas in Support of #23 MOTION to Dismiss or, in the Alternative, to Transfer, or to Stay filed byStryker Corporation. (Related document(s) #23 ) (Salinas, Daniel) (Filed on 8/15/2018) |
| Filing 24 Request for Judicial Notice re #23 MOTION to Dismiss or, in the Alternative, to Transfer, or to Stay filed byStryker Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Related document(s) #23 ) (Salinas, Daniel) (Filed on 8/15/2018) |
| Filing 23 MOTION to Dismiss or, in the Alternative, to Transfer, or to Stay filed by Stryker Corporation. Motion Hearing set for 9/20/2018 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 8/29/2018. Replies due by 9/5/2018. (Salinas, Daniel) (Filed on 8/15/2018) |
| Filing 22 AFFIDAVIT of Service for MOTION FOR PARTIAL SUMMARY JUDGMENT AND DECLINATION served on DEFENDANT on 08/08/2018, filed by Karel Gless, Medical Device Business Services, Inc.. (Rosenfeld, Jeffrey) (Filed on 8/15/2018) |
| Filing 21 AFFIDAVIT of Service for FIRST AMENDED COMPLAINT served on DEFENDANT on 07/30/2018, filed by Karel Gless, Medical Device Business Services, Inc.. (Rosenfeld, Jeffrey) (Filed on 8/15/2018) |
| Filing 20 AFFIDAVIT of Service for SUMMONS AND COMPLAINT served on DEFENDANT on 07/25/2018, filed by Karel Gless, Medical Device Business Services, Inc.. (Rosenfeld, Jeffrey) (Filed on 8/15/2018) |
| Filing 19 CLERK'S NOTICE ADVANCING THE INITIAL CASE MANAGEMENT CONFERENCE. Case Management Statement due by 8/28/2018. Initial Case Management Conference set for 9/4/2018 01:30 PM in San Francisco, Courtroom 04, 17th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Filed on 8/13/2018) |
| Filing 18 REASSIGNED CASE - NOTICE OF NEW HEARING DATE: You are notified that the Court has scheduled an Initial Case Management Conference before Judge Vince Chhabria upon reassignment. For a copy of Judge Chhabria's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. Case Management Statement due by 10/16/2018. Initial Case Management Conference set for 10/23/2018 01:30 PM in San Francisco, Courtroom 04, 17th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Filed on 8/10/2018) |
| Filing 17 MOTION for Summary Judgment filed by Karel Gless, Medical Device Business Services, Inc.. Motion Hearing set for 9/20/2018 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 8/23/2018. Replies due by 8/30/2018. (Attachments: #1 Table of Exhibits, #2 Declaration of Leigh Ann Buziak, #3 Exhibit A to Gless Declaration, #4 Exhibit B to Gless Declaration, #5 Exhibit C to Gless Declaration, #6 Exhibit D to Gless Declaration, #7 Exhibit E to Gless Declaration, #8 Exhibit F to Gless Declaration, #9 Proposed Judgment, #10 Certificate/Proof of Service)(Rosenfeld, Jeffrey) (Filed on 8/9/2018) |
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Filing 16
ORDER REASSIGNING CASE. Case reassigned to Judge Vince Chhabria for all further proceedings. Magistrate Judge Donna M. Ryu no longer assigned to the case. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Signed by Executive Committee on 8/9/2018. (Attachments: #1 Notice of Eligibility for Video Recording)(jmlS, COURT STAFF) (Filed on 8/9/2018)
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| Filing 15 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ig, COURT STAFF) (Filed on 8/8/2018) |
| Filing 14 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Karel Gless, Medical Device Business Services, Inc... (Rosenfeld, Jeffrey) (Filed on 8/7/2018) |
| Filing 13 MOTION for Partial Summary Judgment filed by Karel Gless, Medical Device Business Services, Inc.. Motion Hearing set for 9/18/2018 11:00 AM in Oakland, Courtroom 4, 3rd Floor before Magistrate Judge Donna M. Ryu. Responses due by 8/21/2018. Replies due by 8/28/2018. (Attachments: #1 Declaration of Leigh Ann Buziak, #2 Declaration of Karel Gless, #3 Exhibit A to Gless Declaration, #4 Exhibit B to Gless Declaration, #5 Exhibit C to Gless Declaration, #6 Exhibit D to Gless Declaration, #7 Exhibit E to Gless Declaration, #8 Exhibit F to Gless Declaration, #9 [Proposed] Judgment, #10 Certificate/Proof of Service)(Rosenfeld, Jeffrey) (Filed on 8/7/2018) |
| Filing 12 MOTION for leave to appear in Pro Hac Vice of Leigh Ann Buziak ( Filing fee $ 310, receipt number 0971-12575292.) filed by Medical Device Business Services, Inc.. (Attachments: #1 Exhibit A - Certificate of Good Standing)(Buziak, Leigh Ann) (Filed on 8/7/2018) |
| Filing 11 AMENDED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against Stryker Corporation. Filed byMedical Device Business Services, Inc., Karel Gless. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Rosenfeld, Jeffrey) (Filed on 7/27/2018) |
| Filing 10 Corporate Disclosure Statement by Medical Device Business Services, Inc. identifying Corporate Parent Johnson & Johnson, Corporate Parent Synthes, Inc., Corporate Parent Johnson & Johnson International, Corporate Parent DePuy Synthes, Inc. for Medical Device Business Services, Inc.. re #1 Complaint, Electronic Filing Error, (Rosenfeld, Jeffrey) (Filed on 7/24/2018) |
| Filing 9 Summons Issued as to Stryker Corporation. (jjbS, COURT STAFF) (Filed on 7/24/2018) |
| Filing 8 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/24/2018. Initial Case Management Conference set for 10/31/2018 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (jjbS, COURT STAFF) (Filed on 7/23/2018) Modified on 7/24/2018 (jjbS, COURT STAFF). |
| Filing 7 Case assigned to Magistrate Judge Donna M. Ryu. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 8/7/2018. (srnS, COURT STAFF) (Filed on 7/24/2018) |
| #Electronic filing error. Incorrect event used.[err101] Name of Interested Entities must be entered. Correct event is found under Civil Events > Other Filings > Notices > Certificate of Interested Entities, Corporate Disclosure Statement, or Rule 7.1 DisclosuresPlease re-file in its entirety. Re: #3 Statement filed by Medical Device Business Services, Inc. (jjbS, COURT STAFF) (Filed on 7/24/2018) |
| Filing 6 Proposed Summons. (Rosenfeld, Jeffrey) (Filed on 7/23/2018) |
| Filing 5 NOTICE of Pendency of Prior Action (L.R. 3-13) by Karel, Medical Device Business Services, Inc. (Rosenfeld, Jeffrey) (Filed on 7/23/2018) Modified on 7/24/2018 (jjbS, COURT STAFF). |
| Filing 4 Certificate of Interested Entities by KAREL GLESS, MEDICAL DEVICE BUSINESS SERVICES, INC., an Indiana corporation identifying Corporate Parent Johnson & Johnson, Corporate Parent Synthes, Inc., Corporate Parent Johnson & Johnson International, Corporate Parent DePuy Synthes, Inc. for MEDICAL DEVICE BUSINESS SERVICES, INC., an Indiana corporation. (Rosenfeld, Jeffrey) (Filed on 7/23/2018) |
| Filing 3 **RE-FILED AS DOCKET NO. #10 ** Statement PLAINTIFF MEDICAL DEVICE BUSINESS SERVICES, INC.S CORPORATE DISCLOSURE STATEMENT (F.R.C.P. 7.1) by MEDICAL DEVICE BUSINESS SERVICES, INC., an Indiana corporation. (Rosenfeld, Jeffrey) (Filed on 7/23/2018) Modified on 7/25/2018 (jjbS, COURT STAFF). |
| Filing 2 Civil Cover Sheet by Karel Gless, Medical Device Business Service, Inc. . (Rosenfeld, Jeffrey) (Filed on 7/23/2018) Modified on 7/24/2018 (jjbS, COURT STAFF). |
| Filing 1 COMPLAINT against Stryker Corporation. ( Filing fee $ 400, receipt number 0971-12536584.). Filed by Medical Device Business Services, INC., Karel Gless. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Rosenfeld, Jeffrey) (Filed on 7/23/2018) Modified on 7/24/2018 (jjbS, COURT STAFF). |
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